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  • White House Directs Agencies to Consider Climate Costs in Purchases, Budgets

    A source briefed on the directive told The Hill that they expect it to also expand the use of climate accounting in environmental reviews for infrastructure projects. “It’s a way to balance climate effects against other economic effects,” said Max Sarinksy, senior attorney at the Institute for Policy Integrity at the New York University School of Law.

  • Clean Power Lawyer Says IRA Provision Boosts EPA Regulatory Authority

    Jack Lienke, IPI's regulatory policy director who moderated the panel, recalled the group's conference last fall — held just after the IRA's passage and a few months after the Supreme Court's decision in West Virginia v. EPA, which cited the major questions doctrine to block EPA power plant rules premised on shifting to cleaner generation. At that point, "the conventional take seemed to be — the era of regulating has ended, the era of spending has begun; goodbye neoliberalism, hello industrial policy, etc.," Lienke said.

  • The Biomethane Boondoggle That Could Derail Clean Hydrogen

    The GREET model will also need retooling to manage the broader complexities of measuring the greenhouse gas emissions of hydrogen production, many commenters to the Treasury Department have noted. For example, the Institute for Policy Integrity at the New York University School of Law has asked the Treasury Department to work quickly with DOE to develop a successor model that can accurately assess the ‚Äč“marginal emissions” impact of electrolyzers using a mix of clean and dirty grid power. 

  • Oil States Want in on the Carbon Storage Game

    Today, the safe transportation and storage of carbon dioxide is shaping the public debate. “There aren’t many sequestration projects that exist yet,” Derek Sylvan, with the Institute for Policy Integrity at New York University, told Jean. “So, it’s especially important for the next wave of projects to get extra scrutiny until all the necessary safety precautions are well understood.”

  • As EPA Drowns in CCS Applications, Oil States Want to Take Control

    “I think that this is a really critical juncture,” said Derek Sylvan, strategic director at the Institute for Policy Integrity at New York University. “There aren’t many sequestration projects that exist yet. So, it’s especially important for the next wave of projects to get extra scrutiny until all the necessary safety precautions are well understood.”

  • Is the Chevron Deference About to Be Deferred?

    Recently, the US Supreme Court has not shied away from issuing precedent-setting decisions.  Next year, that trend may continue when they take up the case of Loper Bright Enterprises v. Raimondo which will have deep implications for Chevron Deference. In a recent conversation, Dena Adler, Research Scholar at the Institute for Policy Integrity at NYU School of Law, remarked that, “For decades, Congress has legislated under the assumption that it can broadly authorize agencies to reasonably interpret statutes to solve problems within their sphere of expertise. The Chevron framework allows agencies to leverage their expertise to address problems and prevents Congress from getting bogged down in technical matters that are beyond its knowledge and time-intensive to address.”

  • Legal Battle Over Climate Brews Between FERC, Blue States

    A lawsuit challenging a natural gas expansion project on the East Coast could change how federal regulators assess state climate policies. “If the D.C. Circuit doesn’t step in, state ratepayers are going to end up paying twice,” said Jennifer Danis, federal energy policy director at the Institute for Policy Integrity, a think tank based at New York University School of Law. “They’ll end up paying more as the states are transitioning away from gas and electrifying building and heating and other uses.”

  • Kent Talks Timber in New Video Series

    New York University’s Institute for Policy Integrity stated the act is “burdensome, irrational, and legally questionable” for several reasons.

  • Volume IV of the Major Questions Doctrine Reading List

    Natasha Brunstein & Donald L. R. Goodson... [give] us a solid overview of the MQD’s triggers that is increasingly being picked up by advocates and academics. In their telling, the MQD is triggered in “extraordinary” cases where an agency action is (1) “unheralded” and (2) “transformative"... Richard L. Revesz & Max Sarinsky, Regulatory Antecedents and the Major Questions Doctrine (Dec. 12, 2022). If you work at a federal agency, please, please, please read this paper.

  • White House Takes a Crack at Much-Needed Permitting Reform

    The White House has proposed a new rule to streamline permitting for clean energy and other infrastructure projects under the National Environmental Policy Act, or NEPA, a bedrock law that requires federal agencies to conduct an environmental review before approving any major project. Max Sarinsky, senior attorney at New York University’s Institute for Policy Integrity, described the rule as “fairly modest and incremental” to E&E News. “We’re in an era where preserving the environment often means building new things,” he said. “I think these regulations are trying to be sensitive to that.”