Online Articles

FERC Headquarters, an independent federal agency with regulatory authority over interstate electricity, natural gas, and oil transmission.

Updates from FERC’s Feb. 15 Open Meeting

February 27, 2024 by Nathan Tatum Energy Regulations State and Local

The Federal Energy Regulatory Commission (FERC) held its February open meeting on Feb. 15, 2024, addressing a number of items including cold weather reliability standards, hydropower permitting, and natural gas exports.

Heavy industrial pollution leaving smokestacks in blue sky.

Has Massachusetts v. EPA Hurt the Climate?

February 23, 2024 by Diego Huerta Air Climate change Fossil Fuels Regulations State and Local

Massachusetts v. EPA is seen as an unalloyed victory for the climate movement, but over 15 years after the case was handed down, legal knock-on effects from the decision have come back to bite.

Image of Baldwin Steam Locomotive 69 on the White Pass and Yukon Route; Photo Credit: Nils Öberg, CC BY-SA 3.0 via Wikimedia Commons (https://commons.wikimedia.org/wiki/File:WPYR_Steam_train_at_Glacier.JPG)

Moving Beyond Zombie Engines: New Regulations Driving Cleaner Locomotion

February 23, 2024 by Paige Kendrick Air Climate change Fossil Fuels Regulations

In the hope to leave Zombie Engines in the past, the EPA recently promulgated a new final rule on Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles. In this GELR blog post, Paige Kendrick analyzes the recent changes regarding federal preemption of non-new locomotives and locomotive engines as well as steps being taken by California to reduce locomotive emissions.

View from Main Street in Ludlow. Source: Joe Shlabotnik, https://www.flickr.com/photos/joeshlabotnik/16166710787, no changes made.

Slopes Submerged: Understanding and Addressing Flooding in Ludlow

February 8, 2024 by Nicholas Alois Climate change Regulations State and Local

Last summer, Ludlow, Vermont, experienced devasting flooding after several inches of rain fell in the area in one day. In this article, Nicholas Alois discusses the flood’s impact on the community, the long rebuild process, and recommended flood prevention and mitigation efforts moving forward.

Marriner S. Eccles Federal Reserve Board Building, Washington, D.C.

Basel III: Endgame and Tax Equity Investments: Risk Allocation in Green Energy and Climate Change

February 7, 2024 by Andrew Lloyd Bellah Climate change Regulations

Proposed changes to regulations affecting banks in the United States could potentially jeopardize wind, solar and other renewable energy projects that have relied on tax-equity financing to get off the ground, drawing criticism to regulators charged with the long-term stability of the financial system. The proposed rules, which require banks to hold greater reserves against direct investments in clean energy projects, play into a broader debate over whether a transition to sustainable energy and mitigating the existential risk of climate change fall within the purview of the Fed and other financial regulators.

The cattle industry, a major polluter, seems a natural target for more aggressive environmental regulation.

What’s for Dinner? The Environmental Regulatory Landscape Provides a Battleground for States to Fight Over the Meat Industry

January 5, 2024 by Eli Merkadeau Climate change Regulations State and Local

Against the backdrop of a Supreme Court highly skeptical of agency action, the meat industry has seen legislation from both states seeking environmental improvements and states looking to support their meat producers. Given the Court’s willingness to defer to impactful state legislation, states may be allowed to duke it out and try to exert control over the production of meat and meat alternatives on a national level.

Coal ash impoundments at retired Cape Fear power plant in North Carolina. Photo by Waterkeeper Alliance, Inc.

By Air, By Land, By Sea: EPA’s Comprehensive Approach to Addressing the Legacy of Coal Ash

November 15, 2023 by Chelsea Welch Chemicals Fossil Fuels Natural Resources Regulations State and Local

Newly proposed EPA regulations targeting coal ash pollution and an expected denial of Alabama’s proposed state regulatory program show EPA’s willingness to flex its muscles in addressing the legacy of one of the country’s largest industrial waste streams.

The Supreme Court building

What Overruling Chevron Could Mean for Environmental Law

November 6, 2023 by Berit DeGrandpre Litigation Regulations

The Supreme Court has agreed to reconsider the Chevron doctrine this term. This article explores why overruling or limiting the doctrine may not have a watershed impact on environmental law.

Flash Flooding Across Roadways in Flatbush, Brooklyn New York on September 29th, 2023.

Disclosure is Not Enough: Assessing New York’s New Flood Disclosure Laws in Light of New Flooding

October 6, 2023 by Connor Kolet Climate change Regulations State and Local

After New York City experienced shocking flash floods on September 29th, its lack of long-term solutions to chronic flooding has come under media scrutiny. In this article, Connor Kolet addresses the shortcomings of new short-term disclosure policies for renters in flood zones, and why more needs to be done for low income and vulnerable tenants.