In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado counties should nonetheless still be heard in state court. The most important issue in the case
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It’s Still (Again) Necessary and Appropriate to Regulate Air Toxics From Power Plants
EPA has proposed to revoke the Trump administration finding in 2020 that it is not appropriate and necessary to regulate emissions of air toxics from coal- and oil-fired electric generating units. Instead, EPA proposes to reaffirm its 2012 and 2016 determinations supporting such regulation. 
This is not surprising and should not be controversial. It may
What’s Up With the Supreme Court?
As everyone knows, the Supreme Court has teed up West Virginia v. EPA, which challenges EPA’s authority to regulate greenhouse gases, and Sackett v. EPA, which challenges EPA’s authority to define what constitutes a water of the United States. Betting money does not favor EPA in either case.
I don’t have any inside
White House Push for Increase in Sustainable Aviation Fuel
The White House has taken a strong stance in expanding the production and use of Sustainable Aviation Fuel (SAF) to reduce carbon emissions in the aviation industry. SAFs are liquid hydrocarbon fuels that are blended into the existing fuel supply using materials like waste, fats, cooking oils and corn. The Administration has identified the aviation
New York Public Service Commission Issues Key Ruling on Offshore Wind Transmission
On January 20, 2022, the New York Public Service Commission (Commission) issued its Order on Power Grid Study Recommendations concerning investments in the State’s electric transmission and distribution system that are necessary to meet the mandates of the Climate Leadership and Community Protection Act (CLCPA). The Order focused mainly on changes to New York’s offshore
Have I Mentioned That It’s Not Going to Be Easy to Get to Net Zero?
Believing in the importance of aggressive action to address climate change is something of a recipe for bipolar disorder. Trump – depression. Biden first 90 days – elation. News today from ClimateWire (subscription required) that power plant GHG emissions increased by more than 3% in both 2020 and 2021 – depression. 
ISO New England attributes
EPA Region 1 Really Does March to the Beat of Its Own Drummer
Jerry Anderson of Drake University Law School recently did an interesting post regarding environmental enforcement. I recommend the full post, but I particularly wanted to bring my readers’ attention to a figure Jerry included in the post.
For those who have worked in EPA Region 1, this may not be a total surprise – and
BOEM Announces Upcoming Wind Energy Lease Auction in the New York Bight; New York’s Next Offshore Wind Solicitation to Follow
Today, January 12, 2022, the Bureau of Ocean Energy Management (BOEM) announced that on February 23, 2022 it will hold a wind energy lease auction for six areas in the New York Bight (NY Bight), the coastal area between Long Island and the New Jersey coast. BOEM’s issuance of the Final Sale Notice (FSN) for
Is It Finally Lights Out for the Incandescent Light Bulb?
Last week, the Department of Energy released a proposed rule that would be the death knell for the incandescent light bulb. The proposed rule would implement the so-called “backstop” provisions of the Energy Policy and Conservation Act, and impose an efficiency standard for general service lamps of 45 lumens per watt. In short, incandescent bulbs
CASAC Signals that a Lower PM2.5 NAAQS Is On the Way; It Can’t Come Too Soon
The momentum continues to build for a more stringent National Ambient Air Quality Standard for PM2.5. In June, EPA announced it would revisit the Trump Administration’s decision to keep the PM2.5 NAAQS at 12 ug/m3. In early October, EPA staff released a supplement to its assessment of the PM2.5 NAAQS. That supplement also supported a