Consider two longer-term trends in environmental law and policy: (a) refocusing from rural and wild places to the environment where people are, and (b) dealing with the regulatory advantage given to existing things rather than new things when that is probably backwards. The first in particular dovetails with some of the points made by the
Last month, Oakland Mayor Libby Schaaf wrote to the Federal Highway Administration, stating that Oakland “is suffering from a crippling housing and homelessness crisis.” Furthermore, she complained that:
Addressing this crisis requires flexibility and creativity. … Federal environmental responsibilities, such as the National Environmental Policy Act (NEPA), can slow, discourage, or prevent these creative solutions.
Late last month, FERC issued a notice of proposed rulemaking. Its intent is to “remedy deficiencies in the Commission’s existing regional transmission planning and cost allocation requirements.” In short, it’s time for a 21st Century grid that actually accommodates changes in how electricity is being generated.
I’m not sure I can improve much on
Earlier this year, a new $5 Billion National Electric Vehicle Infrastructure (NEVI) Formula Program was established under the Bipartisan Infrastructure Law. The Program will provide funding to States to help with the strategic deployment of a national network of 500,000 electric vehicle (EV) charging stations by 2030, with the goal of providing convenient, reliable, affordable, and equitable charging experiences for all users.
The $5 billion will be distributed to States over five years, with $615 million available in fiscal year 2022. The funding will be apportioned among States (including the District of Columbia and Puerto Rico) on a formula basis. Under the formula, each State receives a share of program funding equal to the State’s share of the combined amount that the Federal Highway Administration (FHWA) distributes in: (i) Federal-aid highway apportionments; and (ii) Puerto Rico Highway Program funding. Excluding outliers like California and Texas (slated to receive $56 million and $60 million respectively), the Program will see an average of just less than $10 million distributed to each State in fiscal 2022.
Phillips Lytle Partner and Team Co-Leader of the firm’s Energy Practice David P. Flynn, and Energy Consultant Dennis W. Elsenbeck, were once again recognized as a power leaders on City & State’s 2022 Energy & Environment Power 100 list. Ranking at #68 and #70 respectively, Mr. Flynn and Mr. Elsenbeck have been identified as key players in New York who are helping to reshape the energy industry and rescue our environment.
Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or injunctive relief. I don’t think that the decision would even have been newsworthy, if it hadn’t required that
After much anticipation, on March 24, 2022, the Securities and Exchange Commission (SEC) proposed a series of new and extensive disclosure rules that would require all registered companies, including foreign private issuers, to include detailed climate-related information in their registration statements and periodic reports, and climate-related financial statement metrics in a note to their audited
On April 28, the U.S. Court of Appeals for the First Circuit, sitting en banc, overturned its own 30-year-old precedent on the Clean Water Act (CWA), North & South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991). Under Town of Scituate, “diligent prosecution” of a federal administrative
The larger issue is the regulation for the first time of GHGs (including carbon) which will literally change the structure of the global economy, our political order, market capitalism and even our biological selves
On April 20, 2022, the Bay Area Air Quality Management District (“BAAQMD”) adopted updated CEQA thresholds of significance that it recommends for public agencies’ use in evaluating the impacts of land use projects and plans on climate change. The thresholds and substantial evidence supporting them are contained in a “Justification Report” that can be reviewed on BAAQMD’s website here.
