In the News

"To be clear, I don't read this as signaling that, given the chance, Clements would somehow make FERC into ‘an environmental regulator,'" said Justin Gundlach, senior attorney at the New York University School of Law's Institute for Policy Integrity. "I think her comment reflects a widely held view: climate change bears heavily on the energy sector in numerous ways, so if FERC is doing its job properly it can't ignore climate change."

New York state is home to a nation-leading climate change law. But it is also home to long-standing legal frameworks that enable — and in some cases, encourage — the consumption of fossil fuels. Leaving these legacy frameworks in place could undermine New York's ability to implement its new climate law, and accomplish a safe and just managed transition away from fossil fuels. Other states should take note.

In a December 14 amicus brief submitted in the U.S. Court of Appeals for the District of Columbia Circuit case, State of California, et al., v Andrew Wheeler, IPI says EPA’s failure to account for the “environmental cost” of foregone emissions reductions for methane and volatile organic compounds results in a deeply flawed cost-benefit analysis supporting its September 14 rule.

In a move that could blaze a trail to meaningful climate action nationwide, New York’s Public Service Commission, which is responsible for regulating that state’s utilities, is calling on them to disclose the financial risks they face due to climate change. Requiring utilities to develop and present this information would be a potent way to push a critically important sector of the economy to reveal and respond to the consequences of climate change — and to save consumers money along the way.

Policy analysts are urging President-elect Joe Biden's incoming administration to use existing authority to expand the nation's electric grid and to consider boosting the role of the Federal Energy Regulatory Commission. A study out of Columbia University's Center on Global Energy Policy and New York University's Institute for Policy Integrity focused on the need for more long-distance transmission capacity to ship carbon-free solar and wind power across the country.

EPA last week pushed out a major rule on environmental analysis in the twilight of President Trump's term, a move that could bolster legal challenges to climate rules ushered in by the incoming Biden administration. "It seems like it's designed to set up legal challenges to EPA rules, filed by industry, that argue if one looks only to the targeted benefits ... that the statutory provision at issue contemplates, the rule is not justified," said Jack Lienke, regulatory policy director at New York University's Institute for Policy Integrity. Biden may want to get this "potential land mine" out of the way before finalizing lengthier rulemaking on emissions, said Lienke.

The deliberations come as Biden nears final decisions on a slate of nominees to lead key environment and energy posts. Also being eyed to lead the EPA is Richard Revesz, a former dean of the New York University School of Law who has been a fierce critic of the Trump administration’s environmental policy moves, according to two people familiar with the matter.

"While this rule does not - and legally cannot - prevent the agency from considering co-benefits, it tries to treat them as second-class benefits," Jason Schwartz, Legal Director at the Institute for Policy Integrity, said.

Richard Revesz, who directs the New York University School of Law’s Institute for Policy Integrity, noted that the administration’s approach is “inconsistent” with existing federal guidance, which states that “in performing a cost-benefit analysis all costs and benefits should be taken into account, whether they’re direct or indirect.” “They’re basically saying that the indirect consequences of regulation must be taken into account if they’re negative, and should be ignored if they are positive.”

The Congressional Hispanic Caucus has submitted a list of candidates for the role that includes Richard Revesz, who is Argentine American and directs New York University School of Law’s Institute for Policy Integrity.