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On Energy Quote of the Day: 'Highly Unlikely that Global Carbon-Dioxide Emissions Will Fall Anytime Soon'

Robert Bryce is "not . . . anti-renewable energy"?!! 

Fair enought to summarize his recent paper,  but I think you should properly disclose who the author is. For example, in 2010 he put out a paper claiming that states' renewable portfolio standards were causing dramatically higher prices. It was so poorly researched and argued that the only plausible explanation is that Bryce was simply interested in attacking renewables and that was the best he could do.  Here's one takedown of that paper - http://www.huffingtonpost.com/lewis-milford/manhattan-institute-renewable-electricity-report_b_1321716.html

November 5, 2014    View Comment    

On AEE, Partners, Members Testify on EPA's Clean Power Plan

Tom - How do you think EPA should account for considerable private-sector investments made outside of utility programs?

August 7, 2014    View Comment    

On How Far Can States Go In Supporting Renewable Energy?

Hi Michael - Limiting the law's reach to the utilities' contracts would be helpful in reducing the Constitutional risk. MN argued in this case that the law was a traditional resource planning statute, akin to State regulators telling a utility that a coal-fired plant is not a prudent investment. But the Judge in this case was focused on the words in the statute, and decided that its application to any "person," not just Minnesota utilites, meant that it could apply to entities that have no connection to Minnesota. She found that to be an unconstitutional overreach by Minnesota.

If the law had said Minnesota utilities, not "person," she may have still had a problem with another aspect of the law, not discussed above.  The law prohibits new long-term power purchase agreements with a plant that would increase the State's GHG emissions. But, a new contract is allowed if the project includes GHG offsets that meet the requirements of Minnesota regulators. As the law was written, it required the "project proponent," which could be an out-of-state plant, to obtain approval of Minnesota regulators.  Had the law required a MN entity to get approval, she might have seen things differently.

As for whether or not the law was moot, there are few (if any) new coal-fired power plants being proposed. EPA's new standards for GHGs will require new coal plants to use CCS.  The statute did not include an exemption for facilities using CCS.

April 22, 2014    View Comment    

On The EPA Doesn't Have The Legal Authority To Adopt Its New Power Plant Climate Rules

It would be an interesting case. I think sections 108 and 109 may allow EPA to set a NAAQS, but section 110 requires states to submit "a plan which provides for implementation, maintenance, and enforcement" of the NAAQS. That may be an impossible task. 

March 27, 2014    View Comment    

On The EPA Doesn't Have The Legal Authority To Adopt Its New Power Plant Climate Rules

I don't think you could set a NAAQS for CO2 because it's well mixed in the atmosphere. Emissions from anywhere on Earth will affect the concentration measured in the US.  There would be no way to implement or enforce a NAAQS.

March 26, 2014    View Comment    

On The EPA Doesn't Have The Legal Authority To Adopt Its New Power Plant Climate Rules

I don't think you could set a NAAQS for CO2 because it's well mixed in the atmosphere. Emissions from anywhere on Earth will affect the concentration measured in the US.  There would be no way to implement or enforce a NAAQS.

March 26, 2014    View Comment    

On Court Rules for Cape Wind, Ending a Decade of Failed Opposition

But wait, there's more! On January 21, the town of Barnstable and it's well-financed allies filed a suit in Federal court challenging the Constitutionality of the contract that Cape Wind signed with NStar. They're not asking the court to delay/halt construction, but the suit could interfere with financing.   

March 20, 2014    View Comment    

On Court Rules for Cape Wind, Ending a Decade of Failed Opposition

But wait, there's more! On January 21, the town of Barnstable and it's well-financed allies filed a suit in Federal court challenging the Constitutionality of the contract that Cape Wind signed with NStar. They're not asking the court to delay/halt construction, but the suit could interfere with financing.   

March 20, 2014    View Comment