What If Exxon Had to Pay a Carbon Tax for Its Recent Methane Leak?
February 6, 2020 by Weston Coward Fossil Fuels SustainabilityShould Exxon have to pay a carbon tax for its recent methane leak?
Online Articles
Should Solar Advocates Reconsider Net Metering?
October 21, 2019 by Nick Gill Energy Fossil Fuels Natural Resources Renewable EnergyAlthough net metering has incentivized residential customers to switch from fossil fuel to solar energy, its pricing model confuses customers and shifts costs, making it untenable in the long-term.
The wrong place and the wrong time: The Rocky Hill Case, a landmark legal win for climate action
March 22, 2019 by Isabelle Smith Air Climate change Fossil Fuels International Litigation Natural ResourcesAs the global community confronts the reality that a rapid reduction in greenhouse gas (GHG) emissions is urgently required, a new class of climate change litigation is emerging. But what impact are these proceedings having?
Is drilling “essential”?: Oil and gas leasing and permitting in the 2019 shutdown
March 1, 2019 by Sara Divett Energy Fossil Fuels Natural Resources RegulationsThe Trump administration issued oil and gas drilling permits during the most recent shutdown without approval or appropriations by Congress and without following procedures for public participation. Can the administration really do this? If not, how do environmentalists prevent this from happening in future shutdowns?
There is no cause of action against the US Government under the Fifth Amendment for Failure to Protect the Global Climate System
February 28, 2019 by Lynn Phan Air Chemicals Climate change Fossil Fuels LitigationWhenever faced with the decision to declare a “healthful environment” or freedom from harmful contaminants as fundamental rights, federal courts have invariably rejected those claims.
Did You Get the Memo? Latest Guidance from Trump’s EPA Sparks Controversy
February 21, 2019 by Kathryn Priester Air Energy Federal Rollbacks Fossil Fuels Litigation RegulationsEnvironmental groups and the State of California are up in arms over an EPA memo scrapping a decades-old Clean Air Act policy. Will the DC Circuit weigh in on the EPA’s use of “guidance” to drastically shift US regulatory policy?
Achieving Economic and Environmental Efficiencies: Lessons from the Carbon Disclosure Project
February 13, 2019 by Robert Adler Air Climate change Energy Fossil Fuels Regulations Renewable EnergyWhile some companies celebrate the EPA’s deregulation efforts, other companies are starting to understand that economic and environmental efficiencies can run hand-in-hand. The Carbon Disclosure Project helps companies see the connection.
Punishing Today’s Pirates: The Alien Tort Statute as a Remedy for Climate Change Refugees
January 24, 2019 by Scott Novak Climate change Energy Fossil Fuels International Litigation Natural Resources WaterWhereas the Refugee Convention does not provide relief for climate change refugees like Teitiota, the Alien Tort Statute (ATS) might.
The Strategic Petroleum Reserve: An Underappreciated National Security Asset
November 5, 2018 by Alex D. Pappas Energy Fossil Fuels InternationalProposals to reform an emergency storage repository for crude oil known as the Strategic Petroleum Reserve (“SPR”) abound as President Trump and lawmakers react to changing oil market dynamics. As the policy goals and technical utilization of the SPR are evaluated, policymakers could benefit from additional assessment of the costs and benefits of SPR modifications that could imperil an essential national security asset.
Revisiting Criminal Culpability Under the Clean Air Act in the Wake of ‘Dieselgate’
October 9, 2018 by Spencer Shweky Air Fossil Fuels Litigation RegulationsIt has now been just over 3 years since the Environmental Protection Agency (“EPA”) first informed the public that Volkswagen, at the time the world's largest automaker, had installed ‘cheat devices’ designed to evade U.S. regulators in hundreds of thousands of their cars. Ultimately, the automaker paid a $2.8 billion criminal fine, and 9 executives and employees were charged with violating the Clean Air Act (“CAA”) and Title 18 of the United States code (the main criminal code of the federal government). Interestingly, though, no one was actually held criminally liable for the pollution itself.