Monthly Archives: January 2022

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 authority on what will happen and I don’t really have thoughts that haven’t been expressed by others,… More

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 industry as a climate priority in its push to reduce the country’s carbon footprint.

White House SAF Initiative

The President issued an announcement on September 9,… More

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 wind program, but also addressed future onshore bulk transmission planning needs,… More

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 most of the increase to the shutdown of the Pilgrim Nuclear Power Station and replacement of Pilgrim’s generation by natural gas generating facilities. … More

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 yet it’s still shocking.  This picture is worth more than a thousand words,… More

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 the wind energy lease areas comes just days after New York State Governor Kathy Hochul announced in her State of the State address that the New York State Energy Research and Development Authority (NYSERDA) will issue its next offshore wind solicitation following BOEM’s lease sale in the NY Bight.… More

DOJ Doesn’t Know How to Declare Victory

According to Inside EPA (subscription required), the Department of Justice (and the Sierra Club) have opposed Ameren’s Missouri’s motion to allow it to close its Rush Island generating facility early, rather than install otherwise required pollution control equipment.  You may ask why DOJ is opposing the shutdown of a coal-fired power plant.  Like Tevye in A Fiddler on the Roof, I’ll tell you. 

I don’t know.… More

Climate Policy at 30: Glasgow Climate Pact.

Each year since 1995, with the exception of 2020, the United Nations Framework Convention on Climate Change (UNFCCC) has hosted a Conference of Parties (COP), where members of the UNFCCC negotiate issues relating to reducing greenhouse gas emissions and other matters relating to climate change.  The 26th COP concluded in Glasgow on November 13 with a Climate Pact that continues the evolution of global climate policy over the past 30 years.… More

Foley Hoag to Host Webinar on New York’s Climate Plan

On January 12 and 13, Foley Hoag attorneys will lead a series of discussions about the significance of New York Climate Action Council’s recently-released draft Scoping Plan to the state’s continuing clean energy transformation. Richard Kauffman, Chairman of the New York State Energy Research and Development Authority, will provide keynote remarks. The draft Scoping Plan, which we discussed in a recent blog post, describes the market-based solutions and government actions that will be needed to achieve the ambitious climate goals set forth in the Climate Leadership and Community Protection Act.… More