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☆ Supreme Court to Reconsider Precedent Giving Federal Agencies Benefit of Doubt
▼ + stars: | 2023-05-01 | by ( Jess Bravin | ) www.wsj.com time to read: +1 min

Several justices who make up the Supreme Court’s conservative majority have criticized “Chevron deference.” Photo: ELIZABETH FRANTZ/REUTERSWASHINGTON—The Supreme Court said Monday it would reconsider a 1984 precedent some conservatives have argued grants too much power to federal regulators by directing courts to defer to an agency’s legal approach when Congress has left the statutory language ambiguous. The precedent, Chevron v. Natural Resources Defense Council, initially helped the Reagan administration fend off challenges from environmentalists. In more recent years, conservative legal groups have argued that federal judges should have more authority to set aside regulations. Several members of the Supreme Court’s current conservative majority have criticized the so-called Chevron deference, or suggested that judges should be reluctant to find ambiguity in federal statutes and therefore assert more authority over regulatory agencies.

☆ Supreme Court Takes Up Case That Could Curtail Agency Power to Regulate Business
▼ + stars: | 2023-05-01 | by ( Charlie Savage | ) www.nytimes.com time to read: +1 min

WASHINGTON — The Supreme Court agreed on Monday to take up a case that could make it easier to curtail the power of administrative agencies, a long-running goal of the conservative legal movement that could have far-reaching implications for how American society imposes rules on businesses. In a terse order, the court said it would hear a case that seeks to limit or overturn a unanimous 1984 precedent, Chevron v. Natural Resources Defense Council. According to the decision, if part of the law Congress wrote empowering a regulatory agency is ambiguous but the agency’s interpretation is reasonable, judges should defer to it. The National Marine Fisheries Service established the rule, and a group of companies has challenged whether the agency had the authority to do so. When the Supreme Court decides on the case, most likely in its next term, the outcome could have implications that go beyond fisheries.

Washington CNN —The Supreme Court agreed Monday to reconsider long held precedent and decide whether to significantly scale back on the power of federal agencies in a case that can impact everything from how the government addresses everything from climate change to public health to immigration. Conservative justices have long sought to rein in regulatory authority, arguing that Washington has too much control over American businesses and individual lives. The justices have been incrementally diminishing federal power but the new case would allow them to take a much broader stride. Clement argued that the agency exceeded its authority and needed direct and clear congressional authorization to make the demand. The regulation was put in place to combat overfishing of the fisheries off the coasts of the US.

The case is the latest bid asking the Supreme Court, which has a 6-3 conservative majority, to rein in the authority of federal agencies. The companies are asking the Supreme Court to overturn its own decades-old precedent calling for judges to defer to federal agency interpretation of U.S. laws, a doctrine called "Chevron deference." The New England herring fishing regulations were issued by the fisheries service, part of the U.S. Commerce Department. The Biden administration said in court papers that the monitoring program will be suspended for the fishing year starting in April due to insufficient federal funding. The Supreme Court is due to hear the case in its next term, which begins in October.

☆ Opinion | Why I Don’t Worry About Nuclear Waste
▼ + stars: | 2023-04-28 | by ( Madison Hilly | ) www.nytimes.com time to read: +2 min

On a visit to the site of the Fukushima nuclear plant meltdown in Japan in February, Representative Alexandria Ocasio-Cortez of New York did something refreshing: She discussed radiation exposure and nuclear waste without fanning fear. So it’s no surprise that many Americans believe nuclear waste poses an enormous and terrifying threat. We must stop seeing nuclear waste as a dangerous problem and instead recognize it as a safe byproduct of carbon-free power. The countries that have cleaned up their electricity production the fastest have generally done so with hydroelectric power, nuclear, or a combination of the two. The International Energy Agency believes it’s so crucial that global nuclear capacity must double by 2050 to reach net-zero emissions targets.

Most new gas plants currently do not pay for emitting carbon, so the rules could make it harder for them to compete with solar and wind power. Second, the Inflation Reduction Act created tax credits making carbon capture and hydrogen more affordable and affirmed EPA's authority to regulate power plants. Existing technology can capture and store approximately 90% of carbon emissions, Lynch said. The EIA projected that this year, 54% of new generation (21GW) will be solar and 14% will be natural gas (7.5GW). Southern, which also runs the National Carbon Capture Center with the Department of Energy, said commercial deployment of carbon capture technology "is many years away" despite the cost-reduction potential of the Inflation Reduction Act.

☆ The incredible, Earth-saving electric bike is having a moment
▼ + stars: | 2023-04-22 | by ( Tim Levin | ) www.businessinsider.com time to read: +10 min

And while electric cars get all the hype, a game-changing solution to getting around without warming the planet has flourished right under our noses. Electric cars are important, too, but they're expensive and far off for a lot of drivers, MacArthur said. The most popular electric vehicles in the US don't have a Tesla logoWhile electric cars get all the attention, e-bikes have for years been the best-selling electric vehicles in the US. Last year, Americans bought just over 800,000 electric cars, according to Kelley Blue Book, a record. Since e-bikes are much cheaper than electric cars, "you can get them into the hands of consumers faster," she said.

☆ Biden pledges $500 million to fight Amazon deforestation, but Congress must approve
▼ + stars: | 2023-04-20 | by ( Emma Newburger | ) www.cnbc.com time to read: +3 min

President Joe Biden announced plans to boost U.S. funding to slash deforestation in Brazil's Amazon rainforest and to help developing countries combat climate change during a meeting with world leaders on Thursday. The president, during a virtual meeting with the Major Economies Forum on Energy and Climate, committed $500 million over five years to reduce deforestation in Brazil. Biden also pledged $1 billion to the Green Climate Fund, a United Nations-led program aimed to help developing countries become more resilient to climate change and transition to clean energy sources. The funding comes after the president in 2021 pledged to work with Congress to quadruple U.S. climate support for developing countries to $11.4 billion each year by 2024. The president's request for additional climate funding will likely face strong opposition from the Republican-controlled House.

☆ Marjorie Taylor Greene says climate change is a 'scam' and that fossil fuels are 'amazing'
▼ + stars: | 2023-04-16 | by ( Sarah Al-Arshani | ) www.businessinsider.com time to read: +2 min

Marjorie Taylor Greene claimed that climate change is a "scam." The Georgia GOP lawmaker then championed fossil fuels, calling them "natural and amazing." Countless scientific studies say that burning fossil fuels has played a major role in the warming climate. Marjorie Taylor Greene🇺🇸 (@RepMTG) April 15, 2023The Georgia lawmaker went on to celebrate fossil fuels. "Don't fall for the scam, fossil fuels are natural and amazing," she wrote.

☆ US proposes to slash EV mileage ratings to meet fuel economy rules
▼ + stars: | 2023-04-11 | by ( David Shepardson | ) www.reuters.com time to read: +3 min

WASHINGTON, April 10 (Reuters) - The U.S. Energy Department (DOE) on Monday proposed reducing electric vehicles' (EV) mileage ratings to meet government fuel economy requirements, a move that could force automakers to sell more low-emissions cars or improve conventional models. DOE wants to significantly revise how it calculates the petroleum-equivalent fuel economy rating for electric and plug-in electric hybrids for use in the National Highway Traffic Safety Administration's (NHTSA) Corporate Average Fuel Economy (CAFE) program. Miles Per Gallon equivalent (MPGe) ratings are determined by using values for national electricity, petroleum generation and distribution efficiency and driving patterns. Environmental groups note fuel economy ratings for EVs is far higher for determining CAFE compliance than those listed on the government's consumer fueleconomy.gov website. The Natural Resources Defense Council and Sierra Club petitioned for the change in 2021, arguing "excessively high imputed fuel economy values for EVs means that a relatively small number of EVs will mathematically guarantee compliance without meaningful improvements in the real-world average fuel economy of automakers' overall fleets."

☆ Biden EPA cracks down on mercury pollution from power plants
▼ + stars: | 2023-04-05 | by ( Emma Newburger | ) www.cnbc.com time to read: +3 min

Michael Regan, administrator of the Environmental Protection Agency (EPA), speaks during an event at the EPA headquarters in Washington, D.C., U.S., on Monday, Dec. 20, 2021. The agency's Mercury and Air Toxics Standards rule would be the most stringent update on regulations on mercury emissions since the Obama administration's standards in 2012. The proposal is the latest action by the Biden administration to address environmental justice and air pollution while curbing climate-warming emissions. The EPA also recently unveiled tougher limits on deadly soot pollution and is expected to propose updated greenhouse gas rules for power plants in the coming weeks. The new rule would aim to reduce remaining mercury emissions by 70% while curbing other non-mercury metal pollution such as nickel, arsenic and lead.

☆ Biden Interior proposes leasing public lands for conservation
▼ + stars: | 2023-03-31 | by ( Emma Newburger | ) www.cnbc.com time to read: +3 min

The Biden administration this week proposed a new rule that would allow the Interior Department to lease public lands for conservation, a process similar to how the agency delivers leases for oil and gas development and mining projects. The Interior on Thursday said establishing conservation leases would help states and companies offset the environmental impact of their development plans. Issuing conservation leases would generate revenue and make landscapes more resilient to climate change, Interior officials said. Interior Secretary Deb Haaland in a statement said the country's public lands are under mounting pressure amid unprecedented climate-related disasters like wildfires and drought. "We appreciate the meaningful conservation measures in this new rule that have the promise to advance biodiversity, climate resilience and equity on our public lands," O'Shea said.

☆ The High Seas Treaty, Explained
▼ + stars: | 2023-03-30 | by ( Haphazard Authority On Ocean Resources | ) www.reuters.com time to read: +12 min

Global News Changing Tides The first international agreement to protect the world's oceans aims to create “international parks” in the high seas. The high seas represent 95% of the world’s total habitat by volume, but the nautical world remains largely unexplored. “A sentiment we often encountered was that there’s not much in terms of biodiversity out there in the high seas,” he said. MPAs that already exist mostly occupy exclusive economic zones and only make up about 3% of the high seas. A 2016 Pew study on mapping governance in the high seas showed 19 governing bodies with a high seas mandate.

☆ Angry Ohio townspeople seek answers on train's toxic spill
▼ + stars: | 2023-02-16 | by ( Brad Brooks | ) www.reuters.com time to read: +5 min

Norfolk Southern officials did not attend the meeting, saying they feared violence. The Norfolk Southern Railroad-operated train's derailment caused a fire that sent a cloud of smoke over East Palestine. After railroad crews drained and burned off a toxic chemical from five tanker cars, residents were allowed to return to their homes on Feb. 8. Despite that, state health officials have insisted to residents that East Palestine is a safe place to be. Ohio state officials have said that a plume of pollution in the Ohio River is moving at one mile per hour.

☆ Factbox: Potential winners and losers from the new U.S. EV charging standards
▼ + stars: | 2023-02-15 | by ( ) www.reuters.com time to read: +5 min

EV CHARGING COMPANIES: Many, including Volkswagen's (VOWG_p.DE) Electrify America, ChargePoint(CHPT.N) and EVGo (EVGO.O), will accelerate the rollout of chargers due to the federal funding. U.S. EV AUTO SECTOR: The rollout of more charging stations will encourage EV adoption in the United States. INTERSTATE HIGHWAY REST STOPS: They could see an influx of investment as companies establish charging stations along heavily traveled routes. TESLA: Under the new charging standards, the White House said EV market leader Tesla (TSLA.O) has agreed to open part of its U.S. charging network to EVs made by rivals. EV CHARGING COMPANIES: While the charging companies get financial support in their expansion efforts, only a handful of the dozen who commented to the Biden administration ahead of Wednesday's announcement said that they could meet the "Buy American" standards under the proposed timelines.

☆ EPA issues new rule to strengthen water protections in the U.S.
▼ + stars: | 2022-12-30 | by ( Lucas Thompson | Lucas Thompson Is A Content Producer For The Nbc News Climate Unit. | ) www.nbcnews.com time to read: +4 min

At issue is which types of waterways — wetlands, rivers, lakes, etc. The act regulates water pollutants and empowers the EPA and the Army Corps of Engineers to define which particular bodies of water are protected by law. Protected bodies of water qualify for federal programs pertaining to oil spill prevention, water quality regulation and more. The new definition announced this week instates similar protections to those that were in place before 2015, while also clarifying certain qualifications for protected waters. "This comes at a time when we’re seeing unprecedented attacks on federal clean water protections by polluters and their allies," said Jon Devine, director of federal water policy for the Natural Resources Defense Council.

[1/3] A view of the land repair work underway at site of an oil spill from Keystone Pipeline, located north of Washington, Kansas, U.S December 15, 2022. Erwin Seba/REUTERSCompanies TC Energy Corp FollowDec 21 (Reuters) - The U.S. pipeline regulator launched a review this year of its special permits that waive certain operating requirements for pipelines, following a government report into spills on TC Energy's Keystone oil pipeline, a source familiar with the matter said. The most recent major spill occurred this month in rural Kansas along Keystone, the only U.S. oil pipeline with a special permit to operate at higher pressure. PHMSA commissioned Oak Ridge National Laboratory, a Department of Energy research institution, to review special permits following a 2021 report on Keystone accidents, the source said. The latest Keystone spill raises doubts about whether PHMSA adequately assesses risk in granting special permits, said Don Deaver, a pipeline consultant.

☆ Environmentalists sue to stop U.S. oil and gas auction off Alaska coast
▼ + stars: | 2022-12-21 | by ( Industry Insight | Saw Law Firms Move Past The Pandemic Into A More Client-Focused Service Environment | Thomson Reuters Institute | ) www.reuters.com time to read: +2 min

Dec 21 (Reuters) - Environmental groups sued the Biden administration on Wednesday to block a sale of oil and gas drilling rights off the coast of Alaska that is scheduled for next week. Interior had scrapped the Cook Inlet sale this year before the IRA passed, citing a lack of industry interest. "Cook Inlet is already experiencing severe effects of climate change, and new oil and gas leasing will only magnify those harms," the complaint said. Cook Inlet stretches 180 miles (290 km) from Anchorage to the Gulf of Alaska. Operating oil and gas platforms in the area are all in state waters, but oil production has declined substantially since peaking in the 1970s.

☆ Once again, the US won't fulfill its promises on climate aid for developing countries. The White House had hoped to quadruple spending.
▼ + stars: | 2022-12-20 | by ( Catherine Boudreau | ) www.businessinsider.com time to read: +4 min

Congress' sweeping spending bill for next year includes $1 billion for international climate aid. "This really undermines trust in the US," Joe Thwaites, NRDC's international climate finance advocate who conducted the group's analysis, told Insider. But the US commitments on international climate finance just aren't credible." Democrats have a slim majority in the Senate and need at least 60 votes to clear a spending bill. Neither the House and Senate Appropriations committees, nor the White House, returned Insider's request for comment.

MEXICO CITY, Dec 14 (Reuters) - Environmental groups filed a lawsuit in a U.S. federal court on Wednesday, pressuring the U.S. government to sanction Mexico for failing to protect the critically endangered vaquita, the world's smallest porpoise, according to court documents. The lawsuit seeks to pressure the U.S. government to sanction Mexico under a fisheries law called the "Pelly Amendment" to the Fishermen's Protective Act, which authorizes the U.S. President to embargo imports of wildlife products, including fish, from another country. The vaquita porpoise, found in Mexico's upper Gulf of California, has over the last five years seen its population devastated to the point that it is now considered in "serious danger of extinction." The other organizations that joined the lawsuit are the Animal Welfare Institute and the Natural Resources Defense Council. In mid-November, CITES - an international convention to protect endangered species - told Mexico it must protect the vaquita or face sanctions early next year.

☆ Electric cars make utility bills cheaper for everyone, new research finds
▼ + stars: | 2022-12-11 | by ( Tim Levin | ) www.businessinsider.com time to read: +3 min

Electric cars are helping push electricity rates down in the US, according to a new study. They bring lots of revenue to utility companies, but don't cost much to provide energy to. Sign up for our newsletter for the latest tech news and scoops — delivered daily to your inbox. Researchers at Synapse Energy Economics zeroed in on three California utilities that serve lots of households with electric cars (more than 735,000 at the end of 2021). Synapse Energy EconomicsSo utilities and their shareholders are getting rich off of Tesla drivers?

☆ Environmentalists ask SEC to examine P&G's wood pulp supply chain claims
▼ + stars: | 2022-11-30 | by ( Jessica Dinapoli | Thomson Reuters | New York-Based Reporter Covering U.S. Consumer Products Spanning Paper Towels To Packaged Food | ) www.reuters.com time to read: +2 min

The advocacy group wrote that P&G's claims could be materially misleading to investors because the company sources from pristine forests and from areas that are habitats for caribou. P&G annually purchases more than one million metric tons of wood pulp, which comes from trees, to makes Charmin toilet paper, Bounty paper towels and Puffs tissues. NRDC wants the SEC, the main U.S. markets regulator, to consider appropriate enforcement action or require P&G to update its statements to investors. The environmental group also said that P&G's claims are concerning because some investors take into consideration how the company ranks compared to its peers on its environment-related actions. NRDC also said that P&G is overly reliant on third-party certifications for the sustainability of its wood pulp supply chain.

☆ New York is the first state to ban certain types of crypto mining—here's what to know
▼ + stars: | 2022-11-25 | by ( Cheyenne Devon | ) www.cnbc.com time to read: +3 min

New York just became the first state to ban certain types of cryptocurrency mining in an effort to address environmental worries over the energy-intensive process. The new law temporarily freezes the issuance and renewal of air permits to companies that have transformed some of the state's oldest fossil fuel plants into cryptocurrency mining hubs. Mining crypto can produce harmful emissions by generating electricity through burning coal, natural gas and other fossil fuels. However, as companies flocked to the region, climate advocates began ringing the alarm over crypto mining's potential environmental harm. On a national level, U.S. crypto mining produced about 25 to 50 million metric tons of carbon pollution according to a White House report.

Their agreement to talk again about climate thawed relations frozen earlier this year after U.S. House Speaker Nancy Pelosi angered China by visiting Taiwan. Teresa Ribera, Spain's climate minister, said she was hopeful that the rapprochement would energise negotiations. “This unequivocal signal from the two largest economies to work together to address the climate crisis is more than welcome; it’s essential," Bapna said. Heading into the last week of the two-week conference progress has been slow, frustrating negotiators who are struggling to find consensus on how rich countries should help developing nations meet the cost of climate-fuelled disasters. The outcome on that issue, referred to in climate talks as "loss and damage", could define the perceived success or failure of the COP27 talks.

That ruling, widely known as “Chevron deference,” directs judges to defer to agencies’ interpretation of laws that may be ambiguous. The companies sued the federal government in 2020 over the monitors, who ensure the boats are complying with federal fishing laws. The precedent has been viewed with increasing skepticism in recent years, especially among conservatives, including Supreme Court Justice Neil Gorsuch. v. Gina Raimondo et al., United States Supreme Court, case No. For the fishing companies: Paul Clement, Andrew Lawrence and Chadwick Harper of Clement & MurphyFor the government: Counsel information not immediately availableOur Standards: The Thomson Reuters Trust Principles.

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