Monthly Archives: August 2020
Last week, EPA finalized its rollback of Obama administration regulations governing methane emissions from the oil and gas industry. The move is not exactly a surprise. Regarding the purpose of the rollback, I stand by my take on the proposed regulations. This regulation was promulgated for two purposes. First, it provides generic red meat to those who think government regulation is inherently a bad thing. … More
In 2015, I noted that the then-Governor of Alaska had decided that it was necessary to increase drilling for oil in Alaska to raise the money necessary to cope with the impact of climate change. I suggested that Governor Walker’s solution to the problem of funding climate adaption might be considered ironic.
Welcome to the Department of Irony Department, also known as Alaska Climate Adaptation Rev 2.0.… More
On July 23, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed final regulations implementing a “Clean Peak Energy Standard,” which formally went into effect on August 7, 2020. The final regulations are the latest step towards making reality out of an idea enacted through the 2018 Act to Advance Clean Energy and make Massachusetts the first state to adopt such a program.… More
On Wednesday, the D.C. Circuit Court of Appeals stayed the injunction requiring the shutdown of the Dakota Access Pipeline. It’s a victory for the operator, Energy Transfer LP, simply because it lives to fight another day. From a legal point of view, however, I wouldn’t take that much comfort from the decision.
The basis for the stay was that the District Court did not make explicit findings on the need for an injunction. … More
Last week, the 5th Circuit Court of Appeals vacated a $20M penalty imposed on ExxonMobil for Clean Air Act violations at its Baytown facility, remanding the case for a more particularized review by the District Court regarding whether the plaintiffs have demonstrated that they have standing with respect to all of the violations committed by ExxonMobil. The Court held that it is not enough to show that each of the claims in the complaint are traceable to ExxonMobil’s conduct. … More