Podcasts about affordable clean energy rule

In May, the EPA proposed a new rule to regulate greenhouse gas emissions from new and existing power plants. This is a third attempt by the EPA to regulate these emissions. The Supreme Court struck down the Obama administration's Clean Power Plan in West Virginia v. EPA, which was the first time the Court formally acknowledged and explicitly relied on the “major questions” doctrine. The DC Circuit had previously struck down the Trump Administration's Affordable Clean Energy Rule and, although West Virginia involved an appeal of that decision, the Supreme Court did not rule on the Trump Administration's rule.The new rule's supporters say it's well in line with EPA's statutory authority, the state of the electric markets, and available emissions-reduction measures. Its opponents say it is legally flawed and threatens grid reliability. What are the potential legal and policy issues associated with the proposed rule? Does it raise “major questions” issues? Is the agency relying upon unproven technology in violation of the statutory requirement that its standards be based only on the “best system of emission reduction” that “has been adequately demonstrated?” Does this rule violate state prerogatives for regulating existing sources? Join us as we explain the rule and then discuss the legal and policy issues it raises.Featuring:Jeffrey Holmstead, Partner, Bracewell LLPKevin Poloncarz, Partner, Covington & Burling LLPJustin Schwab, Founder, CGCN Law, PLLC[Moderator] Daren Bakst, Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

The Supreme Court is now hearing the most closely watched environmental case in decades, which may decide the future of greenhouse gas regulation under the Clean Air Act. This case has already been the subject of an unprecedented Supreme Court stay that short-circuited the Obama administration's climate agenda and not one, but two, 7+ hour arguments before the D.C. Circuit. Jonathan Brightbill and Kevin Poloncarz, who argued the case before the D.C. Circuit, joined us to discuss what it means for the future of climate regulation and administrative law.Under the Clean Air Act, the Environmental Protection Agency regulates greenhouse gas emissions from various sources including new cars and new industrial sources. But a large proportion of the country's greenhouse gas emissions come from existing sources, such as the nation's coal and natural gas power plants, which provide over half of American electricity.In 2015, the Obama administration issued a regulation for existing fossil fuel power plants under Clean Air Act §111(d), which allows the EPA to “establish a procedure” for each state to adopt “standards of performance” for existing sources of air pollutants. The administration called this rule the "Clean Power Plan." It was controversial, in part, because it went beyond asking states to make their existing power plants run more efficiently. Instead, it went "beyond the fenceline" of the power plant to encourage non-fossil sources of electricity such as wind and solar power and shrink the fossil-fuel power sector.The Clean Power Plan never went into effect because the Supreme Court stayed its implementation on February 9, 2016. The D.C. Circuit heard more than 7 hours of argument on the validity of the Clean Power Plan but never ruled on it because the Trump administration repealed it and replaced it with its own rule, which it called the "Affordable Clean Energy Rule," and was limited to promoting efficiency measures at existing fossil fuel plants. The D.C. Circuit then heard 9 more hours of argument on this new rule, before striking it down on January 19, 2021. The court held that EPA's authority was not so limited.The Supreme Court granted certiorari to decide whether Clean Air Act §111(d) gives "the EPA authority not only to impose standards based on technology and methods that can be applied at and achieved by that existing source, but also allows the agency to develop industry-wide systems like cap-and-trade regimes." The case is an important sequel in the Court's lines of cases on how much deference executive agencies should receive to decide major questions of policy and whether Congress might authorize dramatic agency action from relatively obscure provisions—hiding an elephant in a mousehole.Featuring:- Jonathan Brightbill, Partner, Winston & Strawn LLP- Kevin Poloncarz, Partner, Covington & Burling LLP- [Moderator] James W. Coleman, Robert G. Storey Distinguished Faculty Fellow and Professor of Law, Southern Methodist University Dedman School of LawVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Our executive director Carrie Jenks speaks with Kevin Poloncarz, a partner at the law firm Covington and Burling. Kevin co-chairs the firm's Environmental and Energy Practice Group, Energy Industry Group, and ESG Practice. Kevin and Carrie discuss what is at stake with the appeals to the Supreme Court of the D.C. Circuit decision to vacate the Trump Administration's Affordable Clean Energy Rule for the power sector. They also discuss advice to new litigators. Note: this episode was recorded on August 24th, the day the petitioners' replies were due. Here is a full transcript of this episode http://eelp.law.harvard.edu/wp-content/uploads/Carrie-and-Kevin-Discuss-ACE-Rule.pdf

In this week's Air Check, we talk about propane's cold-weather demand spike, other COVID-environmental backslides, the Affordable Clean Energy Rule, and prolonged Midwestern dryness. If you have any thoughts or questions about the show, you can tweet at us or send an email to itcpod@iu.edu.

For a transcript of this episode see here http://eelp.law.harvard.edu/wp-content/uploads/38-Goffman-Bloomer-Transcript.pdf EELP Fellow Laura Bloomer speaks with our Executive Director Joe Goffman about how the Trump Administration is using regulatory rollbacks to advance new interpretations of the Clean Air Act that restrict EPA’s authority to address climate change and threaten the agency’s long-term ability to deliver needed reductions in air pollution. Laura and Joe analyze four rulemakings: (1) the repeal of the Clean Power Plan and its replacement with the Affordable Clean Energy Rule, (2) the revocation of California’s preemption waiver for its greenhouse gas tailpipe emissions standards and its Zero Emissions Vehicle program, (3) the proposed withdrawal and replacement of the “appropriate and necessary” finding that underpins the Mercury and Air Toxic Standards, and (4) the proposed rescission of methane regulations for the oil and natural gas sector. See here for links to the individual rules https://eelp.law.harvard.edu/2020/03/cleanlaw-restricting-epas-authority-joe-goffman-and-laura-bloomer-talk-clean-air-act-rollbacks/

In this episode, Caitlin and Joe talk about their white paper on the Repeal of the Clean Power Plan and the Affordable Clean Energy Rule. They also discuss the litigation challenging the repeal and new rule, with updates including petitioners’ motion to hold the case in abeyance pending EPA's issuing the final New Source Review rule, which was initially included in the ACE proposal. The other papers and podcast mentioned in this episode are listed on our website here https://eelp.law.harvard.edu/2019/11/cleanlaw-caitlin-mccoy-and-joe-goffman-on-the-affordable-clean-energy-rule/ Full transcript available here http://eelp.law.harvard.edu/wp-content/uploads/Goffman-McCoy-ACE-Transcript.pdf

In this episode Joe Goffman, our Executive Director, talks with Kathy Fallon Lambert, Senior Advisor with The Center for Climate, Health, and the Global Environment at the Harvard T.H. Chan School of Public Health and Co-founder of the Science Policy Exchange. Kathy was part of a team of researchers who evaluated the Regulatory Impact Analysis for EPA’s Affordable Clean Energy rule, to determine whether it incorporates the best available information and whether its predictions are fully supportable. She and her colleagues also performed their own analysis using EPA data. Using more realistic assumptions than EPA used they found that EPA overstated the likely benefits of ACE and that ACE could lead to increased pollution in several states. Kathy and Joe discuss EPA’s assumptions in the RIA, the impact of EPA’s current and expected changes to New Source Review that EPA failed to account for, and EPA’s inconsistency in calculating the benefits of reducing fine particle concentrations. See the study here https://www.hsph.harvard.edu/c-change/news/carbon-standards-re-examined/ and visit our website to learn more here https://eelp.law.harvard.edu Full transcript available here http://eelp.law.harvard.edu/wp-content/uploads/CleanLaw-27-Joe-Kathy-ACE-MATS.pdf

This week: Two plans submitted by consecutive administrations, the Obama-era Clean Power Plan and the Trump administration's Affordable Clean Energy Rule, have different views on how the nation should regulate power plant emissions. Hear why both sides say their plan is better for the U.S.

Josh talks with Tara Ritter about the rollback of the Clean Power Plan, which was proposed by the Obama administration and held up in the courts. The replacement, the Affordable Clean Energy Rule is a thinly veiled attempt to prop up the dying coal industry at the expense of the expanding clean energy sector, including the job boom it would create in rural areas. 

Can EPA’s Clean Power Plan replacement survive the courts? An architect of the Clean Power Plan weighs in. --- In August the Environmental Protection Agency revealed its replacement for the Clean Power Plan, the Obama-era regulation to reduce greenhouse gas emissions from the electric power industry. The replacement plan, championed by current EPA acting administrator Andrew Wheeler with backing from President Trump, does away with broad carbon emissions reduction targets for the electricity industry. Instead, the proposed regulation, called the Affordable Clean Energy Rule, or ACE, would require only that existing coal plants become more energy efficient. The result is likely to be modest reductions in carbon emissions, at best, from the electricity sector, while the lives of some coal plants could be extended. Joseph Goffman, a principle architect of the (original) Clean Power Plan during the Obama Administration, weighs in on the litany of legal challenges to ACE that are sure to come, and whether the EPA in fact has the legal latitude to weaken the very carbon dioxide standards that it had deemed essential to limiting climate change, and protecting human health, just a few years ago. Joe also discusses legal challenges facing the EPA’s current, parallel effort to relax automotive emission standards. Joseph Goffman is Executive Director of the Environmental Law Program at Harvard University. From 2009 to 2017, he served as Senior Legal Counsel in the EPA’s Office of Air and Radiation. Related Content: Not an ACE for Coal: https://kleinmanenergy.upenn.edu/blog/2018/08/22/not-ace-coal Reimagining Pennsylvania’s Coal Communities: https://kleinmanenergy.upenn.edu/paper/reimagining-pennsylvanias-coal-communities

Air Date: 8/28/2018 Today we take a look at just some of the many ways the Trump administration is systematically attacking the environment and our health to pave the way for increased profits for the business interests who have the administration's ear Be part of the show! Leave a message at 202-999-3991   Episode Sponsors: CleanChoice Energy | Amazon USA| Amazon CA| Amazon UK  Support Best of the Left on Patreon!   SHOW NOTES Ch. 1: Profit Over Grizzlies: Trump Admin Tries to Gut Endangered Species Act for Oil & Mining Interests - @DemocracyNow - Air Date 07-25-18 The Trump administration has announced plans to gut the Endangered Species Act, ordering federal agencies to consider economic impacts before listing animals to be protected under the law. Ch. 2: Record heats and record fires - @GreenNewsReport - Air Date 8-14-18 The Trump administration is using extreme fires and an excuse to unnecessarily weaken endangered species protections. Ch. 3: Trump EPA Allowing ASBESTOS Back into Manufacturing - @DavidPakmanShow - Air Date: 8-11-18 The Trump EPA is building a framework to allow new uses of the toxic carcinogen asbestos. Ch. 4: Rewriting the rules to harm more Americans - @GreenNewsReport - Air Date 6-12-18 The Trump EPA wants to undo pollution standards by systematically downplaying health benefits to people of avoiding pollution. Ch. 5: Sec. Ryan Zinke's Monumental Screw-Up - Bradcast from @TheBradBlog - Air Date 8-3-18 Aaron Weiss of the Center for Western Priorities explains the "monumental screw up" when the U.S. Department of Interior accidentally released un-redacted documents exposing how agency officials rejected data on the benefits of public lands. Ch. 6: How Trump's rules on coal-fired power plants differ from Obama's - PBS NewsHour - Air Date 8-21-18 The Trump administration unveiled its plan to reverse President Obama's coal pollution rules. The new EPA proposal, called the Affordable Clean Energy Rule, would give states leeway on whether to limit emissions and allow older power plants to operate. Ch. 7: Fighting for the environment now means fighting against the EPA - @GreenNewsReport - Air Date 8-23-18 Trump administration plans to roll back Obama's clean energy plan and vehicle mileage and emissions standards while acknowledging that both moves will cause more deaths. Ch. 8: Rise for Climate - A Global Day of Action on September 8th via @350 - Best of the Left Activism TAKE ACTION! Click the title and/or scroll down for quick links and resources from this segment. Ch. 9: Writer Victor Wallis presents a socialist framework for ecological revolution. - @thisishellradio - Air Date 7-30-18 Writer Victor Wallis presents a socialist framework for ecological revolution. Victor is author of "Red-Green Revolution: The Politics and Technology of Ecosocialism" from Political Animal Press. Ch. 10: Final comments   TAKE ACTION Find a Rise for Climate Event at RiseForClimate.org Check out 350 Action candidate endorsements Check out 14 climate sceptics in battleground districts FOR FURTHER READING/SHARING Why I Rise(350.org) A Destroyed Planet is Not Our Destiny(350.org) Saving Earth: Don't Fall Into Climate Change Fatalism(Huffington Post) Written by BOTL Communications Director Amanda Hoffman    MUSIC: Opening Theme: Loving Acoustic Instrumental by John Douglas Orr  Algea Trio - Algea Fields (Blue Dot Sessions) Lumber Down - Barstool (Blue Dot Sessions) Cloud Line - K4 (Blue Dot Sessions) N/A  Cicle DR Valga - Cicle Kadde (Blue Dot Sessions) Swapping Tubes - Studio J (Blue Dot Sessions) Felt Lining - The Cabinetmaker (Blue Dot Sessions) Flattered - Delray (Blue Dot Sessions) Voicemail Music: Low Key Lost Feeling Electro by Alex Stinnent Closing Music: Upbeat Laid Back Indie Rock by Alex Stinnent   Produced by Jay! Tomlinson Thanks for listening! Visit us at BestOfTheLeft.com Support the show via Patreon Listen on iTunes | Stitcher| Spotify| Alexa Devices| +more Check out the BotL iOS/AndroidApp in the App Stores! Follow at Twitter.com/BestOfTheLeft Like at Facebook.com/BestOfTheLeft Contact me directly at Jay@BestOfTheLeft.com Review the show on iTunesand Stitcher!