In the News

Some environmental groups are vowing to seek rigorous National Environmental Policy Act and other environmental reviews of planned transmission lines, even when they are built to facilitate low- or zero-carbon power, a strategy that may frustrate the Biden administration’s effort to accelerate reviews for such projects. “Unlike the Trump administration, which sought to prioritize environmentally undesirable projects and run roughshod on NEPA requirements in the process, the Biden administration is seeking to prioritize environmentally desirable projects but respect NEPA safeguards,” argues Ricky Revesz, director of the Institute for Policy Integrity at New York University.

Jointly penned by the nonprofit Environmental Defense Fund and New York University School of Law's Institute for Policy Integrity, a new report said the current quality of firms' climate risk disclosures is not at the same level as that for other forms of risks that publicly traded companies routinely disclose. It calls on the U.S. government to improve and mandate its current disclosure regime because it will "help not only investors deciding how to allocate capital across corporations but also the corporations themselves."

Guidance on voluntary disclosures the Securities and Exchange Commission issued in 2010 hasn’t led to “comparable, specific, and decision-useful” climate-risk reporting from companies, the New York University School of Law’s Institute for Policy Integrity and the Environmental Defense Fund said in the report released Thursday. “We’re trying to make a clear case for why additional regulation is needed, despite the popularity of voluntary programs, despite the existing guidance,” said report co-author Jack Lienke, the regulatory policy director at the Institute for Policy Integrity.

Legal and economic experts, including NYU's Richard Revesz, are urging the Biden administration to couple its year-long process to bolster the federal government's approach to the social cost of carbon climate damages metric with a broader overhaul of cost-benefit review procedures, arguing such an approach could shield any changes from legal challenges.

The Institute for Policy Integrity (IPI) at New York University School of Law is out with a new report aimed at helping EPA and other federal agencies improve climate-related environmental justice (EJ) analyses, in line with a new executive order (EO) from President Joe Biden seeking to elevate both issues. The report also assesses the original Clinton-era EO issued in 1994 on EJ and provides detailed guidance for how agencies can conduct better EJ analysis going forward in line with Biden’s goals.

"The question is, do the folks in charge at the Energy Department and does FERC really want to push this and risk the backlash?" said Alexandra Klass, a law professor at the University of Minnesota. "Maybe the answer is yes." A December paper from the New York University School of Law's Institute for Policy Integrity and Columbia University's Center on Global Energy Policy concluded that needed long-distance transmission can be developed by applying existing federal legal authorities.

When more renewable energy comes online, power storage facilities that Canada’s reservoirs provide to the U.S. grid should become even more valuable. “There’s this version of Canadian hydro not only being firm (capacity) but being something like a battery. That’s the big picture informing the vision of some policymakers,” said Justin Gundlach, senior attorney at the New York University School of Law’s Institute for Policy Integrity.

Sens. Ed Markey and Tammy Duckworth and Rep. Cori Bush, flanked by leading environmental justice advocates, unveiled legislation on Thursday that would create an interagency task force to map environmental justice communities "based on cumulative impacts." The Institute for Policy Integrity at the New York University School of Law released its own report on improving environmental justice mapping.

Customers were at the center of a panel discussion last week, hosted by the Institute for Policy Integrity and the Environmental Defense Fund, that highlighted what can happen when new state climate laws conflict with those currently governing fossil fuels. The discussion stemmed from research by Justin Gundlach and Elizabeth Stein, which casts light on policies under New York’s Climate Leadership and Community Protection Act (CLCPA) that are inconsistent with other state polices that support residential customer access to natural gas.

The Western Energy Alliance, a trade group representing fossil fuel companies operating on federal lands, filed a lawsuit against Biden’s order on Wednesday, saying it was an overreach. But Jayni Foley Hein, natural resources director for the Institute for Policy Integrity at the New York University School of Law, countered that the order is legally sound and was “written very carefully to avoid legal risk.” “It smartly pauses all new leasing, which Interior can do pursuant to multiple laws, and leaves the door open to more permanent curtailment in the future,” she said.