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Massachusetts Climate Legislation Becomes Law - The Future of Everything

It’s not always the case, but my speculation about the Massachusetts climate bill was correct. On Friday, Governor Baker signed it into law. If I haven’t succeeded in making this clear previously, I want to emphasize that...more

The Massachusetts Climate Bill is Very Much “Not Dead”

In January, when Governor Baker vetoed the Legislature’s effort to go big on climate, my colleague Zach Gerson made clear that the bill was not even “mostly dead.” I am pleased to say that Zach’s diagnosis was correct. The...more

FERC Considers GHG Emissions in a Gas Pipeline Review — Everyone Is Unhappy

According to E&E News (subscription required), FERC yesterday, for the first time, assessed the impacts of a gas pipeline’s downstream GHG emissions.  (As of this writing, the decision is not yet available on FERC’s web...more

3/19/2021  /  FERC , Natural Gas , Oil & Gas , Pipelines

The Transportation Climate Initiative Marches Forward; It’s Not Going to Be Easy. - Law and the Environment

On March 1, the Transportation Climate Initiative jurisdictions released a draft “model rule” that would provide a template for individual state rules governing the operation of the TCI Program.  Although only three states...more

Cost-Benefit Analysis Is Very Complicated — And Very Important

It’s only a slight rhetorical exaggeration to say that the limited bandwidth left to environmental issues other than climate change in recent years has been largely occupied by concerns about PFAS – Per-and polyfluoroalkyl...more

Is BlackRock Starting to Walk the Walk?

Climate risk is investment risk. So says BlackRock. And when you manage $8.7 trillion, people tend to listen to what you say. I’ve been noting for some time that BlackRock’s statements seemed to presage increasing...more

More on the Social Cost of Carbon — Are We Doing It All Wrong?

Last month, I posted about the Biden administration’s effort to develop a new estimate of the social cost of carbon. The EO requires a new interim SCC within 30 days and a new longer-term SCC by January 2022...more

Have I Mentioned that PM2.5 Is Bad For You?

The evidence of the harm resulting from PM2.5 exposures keeps rolling in. Earlier this month, Environmental Research published an article titled “Global mortality from outdoor fine particle pollution generated by fossil fuel...more

When the Music’s Over, Turn Off the Dakota Access Pipeline

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...more

The Trump Administration Suffers Yet One More Judicial Defeat; The “Secret Science” Rule Is Vacated

Last month, I noted that the Trump administration had suffered “one final judicial defeat” – the rejection of its Affordable Clean Energy Rule. Of course, I spoke to soon. Last week, Judge Brian Morris rejected EPA’s rule...more

It’s Fair to Say At This Point That Climate Change Is a Priority For This Administration

Yesterday, President Biden signed an Executive Order on Tackling the Climate Crisis at Home and Abroad. It’s even more comprehensive than last week’s order. Indeed, my main reaction to the order isn’t to any of the specific...more

It’s the Externalities, Stupid — Climate Edition

Among the important provisions of President Biden’s Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis is the requirement to review and revise estimates of the...more

President Biden Pulls the Plug on Keystone XL — Let’s Make Sure It Sets the Right Precedent

Yesterday, President Biden hit the ground running on environmental policy, issuing an Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. There’s a lot in it,...more

Don’t Let the Door Hit You On Your Way Out: Trump EPA Suffers One Final Judicial Defeat.

Yesterday was the last full day of President Trump’s term. On environmental issues, it closed on a fitting note – another major judicial defeat. The District of Columbia Court of Appeals vacated EPA’s Affordable Clean...more

In Case You Were Wondering, EPA’s PM2.5 Decision Really Was Horrible

Last month, I posted that EPA’s decision to retain the current PM2.5 NAAQS of 12 ug/m3 was the single worst decision by Trump’s EPA. Since then, I have not received any comments suggesting that my ranking was incorrect. In...more

Massachusetts Starts 2021 With a Bang on Climate

Over the past four years, while the Trump Administration did everything possible to ignore climate change, optimists continued to find progress at the state level. And while President-elect Biden has put together an A-team on...more

The Transportation Climate Initiative Gets Off the Ground: Kinda, Sorta, A Little

On December 21, 2020, three of the states participating in the Transportation Climate Initiative – Massachusetts, Connecticut, and Rhode Island – and the District of Columbia released a Memorandum of Understanding describing...more

Massachusetts Releases Its 2050 Decarbonization Roadmap — It’s Going to Be Quite a Trip

Yesterday, Massachusetts released its “2050 Decarbonization Roadmap.” I’m tempted to call it a tour de force. At the very least, it’s jam-packed with important issues. One of the most valuable aspects of the Roadmap is its...more

EPA’s Ozone NAAQS Decision — Perhaps the Statute Itself Deserves Some of the Blame

On December 23, 2020, EPA formalized its decision to leave the ozone NAAQS unchanged, at 70 ppb. I don’t think that this decision is in the same category of egregiousness as EPA’s recent decision not to reduce the PM2.5...more

The Transportation Climate Initiative Gets Off the Ground: Kinda, Sorta, A Little

Today, three of the states participating in the Transportation Climate Initiative – Massachusetts, Connecticut, and Rhode Island – and the District of Columbia released a Memorandum of Understanding describing a “cap and...more

EPA Finalizes Decision to Retain the Existing PM2.5 NAAQS — Single Worst Environmental Decision of the Trump Administration?

Yesterday, EPA finalized its decision to retain the existing PM2.5 NAAQS of 12 ug/m3, rejecting substantial scientific evidence that PM2.5 causes significant harm at concentrations below 12 ug/m3. In fact, as noted in one of...more

Fires and Floods, Holiday Version

The Lancet’s Countdown on Health and Climate Change for 2020 offers a pretty sobering assessment of the impacts of climate change. As I noted the last time I posted about one of these reports, it’s important to remember...more

Who Gets To Decide What is a Major Source That Requires a Permit? That’s a Fine Question

Over the past decade, there has been an unprecedented shift in investor focus toward the analysis use of Environmental, Social and Corporate Governance (ESG) risks and impacts in investment decision-making. While the...more

What Uses of PFAS Are "Essential"

Last week, Environmental Science: Processes and Impacts released a study titled “The high persistence of PFAS is sufficient for their management as a chemical class.” The title is one of the two big takeaways from the...more

Miami Beach Plans an Underwater Park — I Say, Just Wait a Few Years

According to ClimateWire (subscription required), Miami Beach is planning an underwater park just off the coast. Not that I would ever be snarky, but given how often parts of Miami Beach are now under water during high tides,...more

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