In the News

Energy subsidies have become a hot topic on the presidential campaign trail. Jeb Bush recently called for an end to all subsidies–those that support fossil fuels as well as those aiding renewable energy. Most Democrats in the presidential race support ending tax breaks for fossil-fuel companies, but believe that subsidies for renewables are needed to help these newer industries grow rapidly. Both policy proposals are economically inefficient.

By regulating methane emissions, the EPA compels companies to act in the best interests of the public and to reduce emissions, even if individual controls aren’t immediately profitable.

It’s time for the federal government to stop leasing land to gas and oil companies, a new report argues

This is not easy to answer. Assigning a monetary value to environmental harm is notoriously tricky. There is, after all, no market for intact ecosystems or endangered species.

President Obama’s Clean Power Plan has rightly been hailed as the most important action any president has taken to address the climate crisis.

C. Boyden Gray, who helped to draw up the 1990 Clean Air Act amendments as counsel to the first President Bush, and now represents many energy-industry clients as an attorney in private practice, told me in June, after the initial case was dismissed, that there were many legal arguments to be made against the EPA carbon regulations — but he wasn’t convinced by Tribe’s. “You look at Revesz,” he says, “and you say, ‘My God, that is pretty persuasive.”

The Mercury and Air Toxics Standards, also known as “MATS,” are the culmination of a very long regulatory process.

In the final ruling of an historic Supreme Court term, the Obama administration was handed a loss on Monday, but the fallout will likely be minimal. In a 5-4 decision written by Justice Antonin Scalia, the court found that the Environmental Protection Agency (EPA) should have considered costs when it first began the regulatory process for its Mercury and Air Toxics Standards.

“The court didn’t do anything to this rule. The case now gets remanded to the D.C. Circuit,” Richard Revesz, director of the Institute for Policy Integrity and dean emeritus of NYU Law School, said shortly after the ruling was released. “I don’t think this is any blow at all. I think it is pretty clear that this rule will ultimately be upheld.”

One of the U.S. government’s largest sources of non-tax revenue comes from the land it leases to oil, gas and coal companies. Last fiscal year, the federal government generated more than $13 billion from drilling and mining activities on its land – but it should have made hundreds of millions of dollars more. Antiquated pricing rules have given these energy companies access to federal lands at prices that ignore decades of inflation, as well as many environmental and health costs of fossil fuel production.