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Harmonizing States’ Energy Utility Regulation Frameworks and Climate Laws
A Case Study of New York
Unless the institutional framework and laws pertaining to fossil fuels are modified appropriately, decarbonization efforts will likely be stymied by confusion and related opportunities for opposition. This article, published in the Energy Law Journal, aims to start a wider conversation about the process of conforming existing energy law with novel, climate-oriented legislation. We concentrate on New York’s situation to illustrate how these tensions can manifest and what might be done to address them.
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Overinflated
The SAFE Rule’s Overstated Estimates of Vehicle-Price Impacts
This report is part of a series that documents how the assumptions underlying The Safer Affordable Fuel Efficient (SAFE) Vehicles Final Rule for Model Years 2021–2026 Passenger Cars and Light Trucks are skewed to make the rule look less harmful than it actually is. In the SAFE Rule, the Environmental Protection Agency and the National Highway Traffic Safety Administration have significantly rolled back the greenhouse gas emission and fuel economy standards for light vehicles established under the Obama Administration. This report highlights three critical problems in the agencies’ assumptions about vehicle prices.
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Building a Foundation for Sustainable Infrastructure
Barriers to Infrastructure Development and Federal Policy Solutions
Most categories of American infrastructure—from transportation and water systems to public school buildings and electricity meters—are in dire need of modernization, and climate change is compounding this challenge. Our report provides policy recommendations at each stage of the infrastructure lifecycle, from project planning and analysis, through financing, construction, and maintenance. We explain how a realigned approach to infrastructure can boost the economy while addressing threats from climate change and prioritizing social equity goals.
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Enhancing the Social Benefits of Regulatory Review
Rethinking OIRA for the Next Administration
In recent years, federal leadership has distorted the practice of regulatory analysis and has eroded the integrity of the government’s regulatory review structure as coordinated by the Office of Information and Regulatory Affairs (OIRA). The result has been a torrent of deregulatory actions that have worked against the best interests of the American people and their health, safety, environment, and financial well-being. Our report details the path forward on regulatory review, which is to first surgically excise recent distortions, and then to reaffirm the best principles and practices from the past, while adding key corrections and enhancements. Implementing the reforms recommended in this report will refocus OIRA on helping agencies once again use regulations to maximize net social welfare.
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A New Way Forward on Climate Change and Energy Development for Public Lands and Waters
The Department of the Interior has yet to develop a comprehensive plan to accurately account for, manage, and mitigate the greenhouse gas emissions that result from the extraction and combustion of fossil fuels from public lands and waters. This document describes immediate and longer-term actions that Interior’s Bureau of Land Management and Bureau of Ocean Energy Management should take to reform public lands management consistent with climate change, conservation, and fiscal reform priorities.
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A Path Forward for the Federal Energy Regulatory Commission
Near-Term Steps to Address Climate Change
The Federal Energy Regulatory Commission should take an active role in better aligning regulatory practices with climate policies, speeding up development of necessary transmission infrastructure, and reforming energy market rules. This report details the specific policy reforms that federal policymakers should pursue to take advantage of important opportunities energy markets can provide to combat climate change while ensuring an economically efficient and speedy clean energy transition.
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Making the Most of Distributed Energy Resources
Subregional Estimates of the Environmental Value of Distributed Energy Resources in the United States
This report provides a new set of hourly E-Values for the whole United States, broken down into 19 subregions, using an open-source reduced-order dispatch model. The patterns uncovered by these estimates can help policymakers design economically efficient DER policies to reduce air pollution from electricity generators.
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A Pileup
Surface Transportation Market Failures and Policy Solutions
Surface transportation market failures, including greenhouse gas emissions, local air pollution, traffic congestion, and traffic collisions, generate billions of dollars in economic harm every year. Guided by economic principles, this report outlines several options for reforming U.S. surface transportation that account for technological, institutional, and political realities. It also highlights the unequal burden of market failures in the transportation sector and discusses policy solutions that can help lead to more just outcomes.
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Implementing NEPA in the Age of Climate Change
Published in the Michigan Journal of Environmental & Administrative Law
Under the National Environmental Policy Act, agencies must consider the environmental impacts of major federal actions before they can move forward. But agencies frequently downplay or ignore the climate change impacts of their projects in NEPA analyses, citing a slew of technical difficulties and uncertainties. This article, published in the Michigan Journal of Environmental & Administrative Law, aims to highlight best practices so that agency offices can learn from one another, fulfill NEPA’s mandate, and begin to provide leadership in the fight against climate change.
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A Roadmap to Regulatory Strategy in an Era of Hyper-Partisanship
This report discusses how an administration that begins a new term can navigate regulatory strategy. It offers advice on navigating this terrain for White House officials, the Office of Information and Regulatory Affairs, transition teams at agencies, and advocates. The report also contains a section on how an incoming administration can roll back the prior administration’s rules if there is an inter-party transition.
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