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Last week the Clean Power Plan was basically dead.  Five Supreme Court justices had stayed it and determined that the challengers were likely to prevail on the merits.  But with Scalia’s passing, everything has changed.  The  Supreme Court now appears to be deadlocked as to the Plan’s legality.  And a tie at the Supreme Court means the lower court decision will stand.   Over the weekend, I penned a piece for Bloomberg discussing in detail how…
On February 1st, I published an editorial arguing that the U.S. Environmental Protection Agency should use an obscure provision of the Clean Air Act to broadly regulate greenhouse gas emissions. This provision, Section 115, would allow the EPA to issue new rule ordering every state to cut its pollution by 28 percent from 2005 levels by 2025, which is what the U.S. has promised to do under the Paris Agreement. One Republican lawmaker took notice. After reading…
Have you ever wondered what all those additional charges are on your electric bill? This month my bill lists a “Customer Charge,” a “2013 Fuel Adjustment” and a “State-Wide Low-Income Assistance Fee,” which add up to about $10, or $120 a year. I’m a utility lawyer, and even I don’t know what all of these charges are or how they were calculated. Soon the Environmental Protection Agency may be adding a new charge to your…
President Obama’s Climate Plan – which was released earlier this summer – sets as its goal a 17% national greenhouse gas reduction by 2020. The centerpiece of Obama’s plan is to regulate greenhouse gas emissions from new and existing power plants, which comprise about a third of this country’s total emissions. But, according to a recent article in the Yale Journal on Regulation, the President’s plan is unlikely to lead to any significant reduction in power plant emissions.…