Energy Policy Practice
VNF Policy Updates
Alaska Energy & Environmental Policy Update - March 19, 2010
Chuck Sensiba, Jonathan Simon, Julia Wood, Andrea Campbell, Tracy Nagelbush, Henry Stern, Andrew VanderJackMarch 19, 2010
This edition of the Alaska Energy & Environmental Policy Update focuses on efforts to advance federal climate change and energy legislation, Senator Murkowski's plans to limit EPA's authority to regulate GHGs, the fight for tort damages resulting from climate change impacts to an Alaska village in Kivalina v. Exxon, the upcoming "open season" for the Alaska Pipeline Project, FERC's grant of a preliminary permit for the Chakachamna Hydroelectric Project, federal funding for innovative hydro research and development, proposed regulation of soot under the federal Clean Water Act, denial of ConocoPhillips' CD-5 permit application, Interior's plans to issue a revised environmental assessment for the five-year leasing plan for Alaska's outer continental shelf, the proposed authorization of five-year incidental take regulations for Arctic offshore development, a new emphasis on GHG considerations for development proposals subject to the National Environmental Policy Act, and the Obama Administration's plans for the future of the Tongass National Forest.
Weekly Climate Change Policy Update - March 15, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMarch 15, 2010
President Obama met with a bipartisan group of moderate Senators to survey their asks for climate change legislation . . . Senator Murkowski is mulling whether Senator Rockefeller’s bill delaying EPA regulation of stationary sources under the Clean Air Act by two years is sufficient for her to set aside her disapproval resolution (which would remove EPA’s regulatory authority under the Clean Air Act altogether). The Chamber of Commerce and twenty governors want her to stick to her guns . . . But who needs the Clean Air Act if you have the Clean Water Act? In a settlement with the Center for Biological Diversity, EPA agreed to take certain actions to address the effect of greenhouse gas emissions on ocean acidification . . . China and India formally endorsed the Copenhagen Accord . . . Will there be a split in the circuits on tort lawsuits based on climate change? The Fifth Circuit has decided to rehear the Comer decision, but the Second Circuit has decided to put its pen down on the Connecticut v. AEP decision.
Weekly Climate Change Policy Update - March 8, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMarch 8, 2010
The Kerry-Graham-Lieberman team floated some elements of their plan: cap-and-trade for the power sector only, with a possible phase-in for industrial facilities, and a potential gasoline tax, with major oil companies advocating that the tax be payable at the pump. The Senators' plan drew mixed reactions from key moderates. It is not clear when legislative language will emerge . . . EPA Administrator Lisa Jackson offered to further tailor the Tailoring Rule, but coal state legislators Senator Jay Rockefeller (D-WV) and Rick Boucher (D-VA) want to let out the seams a bit more. Will the Rockefeller and Boucher "delay" bills provide enough cover for moderate Democrats to reject the Murkowski "derail" bill?
Weekly Climate Change Policy Update - March 1, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMarch 1, 2010
Senators Kerry, Graham, and Lieberman floated a trial balloon this week, suggesting that they will be releasing draft legislation in March and that it will depart from the economy-wide cap-and-trade model in favor of an approach that uses different policy designs for different sectors . . . In an exchange of letters with Sen. Rockefeller and a group of other Senate Democratic moderates, EPA Administrator Lisa Jackson outlined a new plan for delayed implementation of the Prevention of Significant Deterioration program. It now looks as though Senator Rockefeller will seek to codify that plan, or a plan with further regulatory deferrals, in legislation.
Weekly Climate Change Policy Update - February 22, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellFebruary 22, 2010
President Obama announced the Administration’s first major loan guarantee for construction of a nuclear power facility. . . Sen. Lindsey Graham (R-SC) circulated a draft “clean electricity standard” . . . Sixteen lawsuits have been filed for review of EPA’s endangerment finding, including petitions filed by three states. . . The White House Council for Environmental Quality issued guidelines for review of climate change impacts under the National Environmental Policy Act . . . China reaffirmed its emissions mitigation commitment under the Copenhagen Accord.