BTLaw Says Supreme Court CPP Decision Creates Additional Uncertainty for Industry

<> BTLaw Says Supreme Court CPP Decision Creates Additional Uncertainty for Industry - In an Environmental Law Alert regarding the U.S. Supreme Court stay of the Clean Power Plan rules, Barnes & Thornburg LLP indicates that analysis suggests that a final judgment may not be reached until sometime in 2017, assuming the need for Supreme Court review. EEI: Power Sector Carbon Reductions to Continue Despite CPP Stay - The Supreme Court's stay of the Clean Power Plan throws the fate of President Obama's signature environmental initiative into doubt, but it is not likely to end the shift to gas and renewables and away from coal, the Edison Electric Institute said Wednesday Did the Supreme Court just undercut the Paris climate agreement? - When the Supreme Court put a temporary hold on the Clean Power Plan on Tuesday, it may have done more than just delay President Obama's climate agenda. It may also have undermined the landmark Paris agreement to control climate change. North Dakota officials praise SCOTUS decision blocking Clean Power Plan - The decision means the North Dakota Department of Health will immediately suspend work on a state plan to comply with the rules SCOTUS halts Clean Power Plan, stuns states planning carbon cuts - The decision threw years-long state planning processes into limbo, as agencies considered whether they would still need to adhere to a Sept. 6 deadline to submit an initial carbon-cutting draft and request a two year-extension. Some States Forging Ahead With Emissions Reduction Plans, Despite Supreme Court Ruling Four reasons we can breathe easy despite the Supreme Court's stay

White House Response to Supreme Court's CPP Decision

<> White House Response to Supreme Court's CPP Decision - "We disagree with the Supreme Court's decision to stay the Clean Power Plan while litigation proceeds. . . EPA has indicated it will work with states that choose to continue plan development [and] the Administration will continue to take aggressive steps to make forward progress to reduce carbon emissions." U.S. Chamber Says State Won't Be Forced To Invest In CPP - "Staying this rule represents a victory for states, consumers and businesses. It will ensure that America will not be forced to make costly and irreversible implementation decisions based upon an unprecedented regulation until judicial review is complete." Obama vows to press ahead on Clean Power Plan after Supreme Court setback - By issuing the temporary freeze, a 5-4 majority of the justices signaled that opponents made strong arguments against the rules. Supreme Court Decision to Temporarily Block Clean Power Plan Does Not Prevent States from Implementing It GOP attorneys general take victory lap on power plan See WIMS complete coverage of the Supreme Court order

SCOTUS: Clean Power Plan Carbon Pollution Controls On Hold

<> SCOTUS: Clean Power Plan Carbon Pollution Controls On Hold - Dividing five to four, the Supreme Court on Tuesday evening ordered the Obama administration not to take any steps to carry out its "Clean Power Plan," a move that may stall the plan until after the president leaves office next January -- the order — issued in identical form in individual responses to five separate challenges — will spare the operators of coal-fired power plants from having to do anything to begin planning for a shift to energy sources that the government considers to be cleaner. Example of the five orders - "The Environmental Protection Agency's 'Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,' 80 Fed. Reg. 64,662 (October 23, 2015), is stayed pending disposition of the applicants' petitions for review in the United States Court of Appeals for the District of Columbia Circuit and disposition of the applicants' petition for a writ of certiorari, if such writ is sought."  McConnell Applauds SCOTUS Halt   The President's War on Coal Is Unlawful - House Speaker Paul Ryan (R-WI)  Pelosi Statement on Supreme Court Stay  Inhofe Statement on SCOTUS Decision to Stay  Upton & Whitfield Comment on Supreme Court's Stay Sen. Murkowski Welcomes Supreme Court's Decision Sen. Boxer's Statement on Supreme Court Order C2ES Statement on SCOTUS stay of the Clean Power Plan U.S. Chamber Praises Supreme Court Stay in EPA Carbon Regulations U.S. Supreme Court Blocks Obama's Clean Power Plan Sierra Club Statement on Supreme Court Delay of Clean Power Plan Earthjustice Statement on Supreme Court's Temporary Stay NRDC: Clean Power Plan Will Prevail on Legal Merits EDF: Supreme Court Puts the Clean Power Plan on Pause

The President's Budget for Fiscal Year 2017

<> The President's Budget for Fiscal Year 2017 - The Budget shows that the President and the Administration remain focused on meeting our greatest challenges – including accelerating the pace of innovation to tackle climate change and find new treatments for devastating diseases; giving everyone a fair shot at opportunity and economic security; and advancing our national security and global leadership – not only for the year ahead, but for decades to come. [includes links to all details] FACT SHEET: President Obama Proposes New Funding to Build Resilience of Alaska's Communities and Combat Climate Change - The President's FY 2017 Budget lays out a vision for the future of Federal-State collaboration in Alaska with a package of proposals aimed at reducing the risks of climate change and building the resilience of Alaska's communities and natural resources to climate change in a fiscally responsible way Fact Sheet: Investing in American Infrastructure Fact Sheet: Advancing Clean Energy Domestically and Abroad and Taking Action on Climate Change Fact Sheet: Investing in America's Treasured Landscapes: Conserving Natural Resources and the Environment Fact Sheet: Investing in Coal Communities, Workers, and Technology: Power+ Plan API: Budget proposal signals radical, anti-consumer agenda - The administration's final budget proposal due out Tuesday appears to outline a radical, anti-energy agenda of tax hikes and new regulations that could harm consumers and raise energy costs, according to API President and CEO Jack Gerard.

POTUS: Doubling Our Clean Energy Funding to Address the Challenge of Climate Change

<> POTUS Weekly Address: Doubling Our Clean Energy Funding to Address the Challenge of Climate Change - In this week's address, the President discussed climate change and how the most ambitious climate agreement in history is creating private sector partnerships that are advancing the latest technologies in clean power. GOP-Led Congress Unlikely to OK Obama's New Clean Energy Bid - President Obama said Saturday that he will ask the Republican-led Congress to double spending on research and development into clean energy by 2020 -- but, GOP lawmakers scoff at the science behind climate change and dismiss Obama's pleas for the issue to be dealt with urgently. Obama Proposes $10-Per-Barrel Oil Tax - President Barack Obama on Tuesday will propose a $10-per-barrel fee paid by oil companies to fund investments in low-carbon transportation. Oil Fee Proposal a Bad Deal for Manufacturers

Flint water crisis & the Senate Energy Bill

<> Charles Fishman: Lessons from Flint water crisis extend around the world - "The first thing to say about Flint is this is disaster that was completely avoidable. . . a failure of water system officials and people whose job it was to protect the water system and the public. . . So lesson one is that we need to take our responsibility seriously and we need to hold people accountable for their responsibilities." MI Gov. Snyder & Former Flint Emergency Manager Requested to Testify - A letter was sent to Michigan Gov. Rick Snyder asking him to testify before the House Democrats' Steering and Policy Committee hearing on Wednesday, February 10 at 2:00 p.m; also, a  subpoena was issued to the city's former Emergency Manager Darnell Earley on Thursday requesting that he come to Washington, DC for a deposition on February 25th. DeLauro, Edwards, Kildee Invite Michigan Governor Snyder to Testify at Hearing on Flint Water Crisis

<> Senate energy bill blocked in fight over Flint water funds - Senate Democrats on Thursday blocked a comprehensive energy bill after majority Republicans balked over hundreds of millions of dollars in emergency federal aid to Flint, Michigan, to fix and replace the city's lead-contaminated pipes. Cloture on the S.2012 not invoked in Senate by Yea-Nay Vote. 43 - 54 Rep. Brenda Lawrence calls on Senate Majority Leader to stop GOP block of Flinter emergency aid package - Rep. Brenda Lawrence (D-MI), Ranking Member on the Committee on Oversight and Government Reform Subcommittee on the Interior, joined Congressional Black Caucus Chairman G.K. Butterfield in his call for Senate Majority Leader Mitch McConnell to prevent Senate Republicans from blocking emergency relief for the citizens of Flint, Michigan. Republicans Demand Disaster Relief for Their Home States but Say No to Children in Flint Bipartisan Energy Bill Would Prepare Country for Energy Challenges and Opportunities - U.S. Senate Majority Leader Mitch McConnell (R-KY) remarks Cantwell: Both Sides Should Work to Resolve the Remaining Issues on the Energy Bill

Where blame leads so far in Flint, MI water crisis

<> Where blame leads so far in Flint, MI water crisis - Bridge Magazine's Michigan Truth Squad publishes a more than 30,000-word timeline of the Flint debacle, the most comprehensive published, in one place, to date. [See previous WIMS coverage of the hearing] Disaster Day by Day: A Detailed Flint Crisis Timeline EPA 'seeks to strengthen' safe water laws amid widespread testing concerns - An update to the 25-year-old lead and copper rule is expected in 2017 but the EPA said it would act in the meantime. Upton & Pallone Demand Further Information From EPA & State of Michigan On Flint Water Crisis NRDC: Flint Hearing Most Notable for Key Absences U.S. EPA Lead and Copper Rule

Congressional Hearing to examine the ongoing situation in Flint, MI

<> Congressional Hearing to examine the ongoing situation in Flint, MI – Includes testimony from U.S. EPA; Michigan DEQ; Virginia Polytechnic Institute and State University; Flint and U.S. Rep. Dan Kildee [includes webcast of hearing] MDEQ testimony U.S. EPA testimony Virginia Polytechnic Institute testimony High Lead Levels in Flint, MI - Interim Report Memorandum – EPA June 24, 2015 document

<> FBI joins Flint drinking water investigation - The FBI is now investigating the contamination of Flint's drinking water, a man-made public health catastrophe, which has left an unknown number of Flint children and other residents poisoned by lead and resulted in state and federal emergency declarations. US Environmental Protection Agency administrator appears in Flint, Michigan to "rebuild trust" over water crisis EPA, DEQ chiefs trade jabs over Flint's lead crisis – EPA Administrator Gina McCarthy had harsh words Tuesday for Gov. Rick Snyder's administration and the appointed emergency managers who ran the city in the past half-decade -- Meanwhile, Keith Creagh, MDEQ director included stern critiques of the EPA in written testimony submitted ahead of Wednesday's U.S. House of Representatives hearing Snyder plans $30 million credit for Flint water customers Crain's complete special section coverage of the Flint water crisis Schuette: Flint Residents Should Be Aware Of Potential Water Crisis Scams Rep.. Miller Introduces $1 Billion Emergency Supplemental to Replace Flint's Underground Water Line Infrastructure - U.S. Representative Candice Miller (R-MI) issued a statement after introducing the Drinking Water Contamination Emergency Supplemental Appropriations Act of 2016, which provides $1 billion in emergency funding to replace Flint, Michigan's underground water line infrastructure

Obama's hidden climate leverage

<> Obama's hidden climate leverage - The Clean Air Act gives him one more big tool to control states' energy sectors -- Will he use it? -- buried in the Clean Air Act is an extremely powerful mechanism that effectively gives EPA carte blanche to tell states to make drastic cuts to their emissions. Legal Pathways to Reducing GHG Emissions under Section 115 of the Clean Air Act - This 91-page Report—which reflects the collaborative efforts of scholars and lawyers at the Sabin Center for Climate Change Law at Columbia Law School, the Emmett Institute on Climate Change and the Environment at UCLA School of Law, the Institute for Policy Integrity at NYU School of Law, and the Center on Global Energy Policy at Columbia SIPA—contains a careful legal analysis of the potential for reducing GHG emissions under Section 115.

USDA Seeks Proposals for Market-Based Wetland Protection Systems

<> USDA Seeks Proposals for Market-Based Wetland Protection Systems - Agriculture Secretary Tom Vilsack announced the establishment of the Natural Resources Conservation Service (NRCS) Wetland Mitigation Banking Program, made possible by the 2014 Farm Bill -- through the program, NRCS will provide $9 million to help states, local governments or other qualified partners develop wetland mitigation banks that restore, create, or enhance wetland ecosystems, broadening the conservation options available to farmers and ranchers so they can maintain eligibility for other USDA programs.

$12.1 trillion needed in next 25 years to limit climate change

<> New report: $12.1 trillion must be invested in new renewable power generation over next 25 years to limit climate change - To reach the level of investment in new renewable power generation needed to avert dangerous climate change, $12.1 trillion of investment will be needed over the next 25 years, which is $5.2 trillion above business-as-usual projections, a new report by Ceres and Bloomberg New Energy Finance concludes. Mapping the Gap: The Road From Paris – Registration required for download.

First Time Since 2007 Senate Considers Comprehensive, Bipartisan Energy Legislation

<> First Time Since 2007 Senate Considers Comprehensive, Bipartisan Energy Legislation - debate on the Energy Policy Modernization Act of 2015 (S.2012) Murkowski Leads Senate Consideration of Broad, Bipartisan Energy Bill Cantwell: 'We Need to Update and Modernize Our Energy Policies' - "This legislation is about the modernization of energy – the lifeblood of our economy – driving the cost through investments on a new strategy for the future. . ." Proposed Senate Energy Bill A "Missed Opportunity" for Clean Air, Water, Public Health S.2012 – Energy Policy Modernization Act - Overview from the Senate Republican Policy Committee Amendments filed for consideration under the pending to Energy bill S.2012: Energy Policy Modernization Act of 2015 – legislative details

25 States Asks U.S. Supreme Court to Stay Clean Power Rule

<> 25 States Asks U.S. Supreme Court to Stay Clean Power Rule - West Virginia Attorney General Patrick Morrisey and Texas helped lead officials from 29 states and state agencies in urging the U.S. Supreme Court to immediately halt the "ongoing damage" caused by the Environmental Protection Agency's Power Plan -- they said, "The rule illegally forces states to overhaul their energy portfolio and does so without congressional authority, costing countless jobs, increasing electricity prices and jeopardizing energy reliability." [includes link to the application & appendices] Polluter-Allied Attorneys General Try "Hail Mary" To Delay Clean Power Plan U.S. Court of Appeals Rules that Clean Power Plan Will Remain in Effect

Rapid, affordable energy transformation possible

<> Rapid, affordable energy transformation possible - The United States could slash greenhouse gas emissions from power production by up to 78 percent below 1990 levels within 15 years while meeting increased demand, according to a new study by NOAA and University of Colorado Boulder researchers -- wind, sun could eclipse fossil fuels for electric power by 2030 Study: Future cost-competitive electricity systems and their impact on US CO2 emissions

Supreme Court Decides FERC v. Electric Power Supply Assn

<> Supreme Court Decides in Favor of Clean, Low Cost Energy in Landmark Demand Response Case - The Supreme Court announced an historic 6-2 decision today that is a major victory for customer-friendly, clean, low-cost, and reliable energy - Supreme Court reversed a lower court ruling, and decided in favor of the Federal Energy Regulatory Commission's (FERC) well-designed clean energy policy FERC v. Electric Power Supply Assn. - Federal Energy Regulatory Commission v. Electric Power Supply Association (Docket No. 14-840) and EnerNOC, Inc. v. Electric Power Supply Association (Docket No. 14-841) Dockets: No. 14-840 & Vide 14-841 Questions presented and all briefs filed

Administration Announces Historic Commitments to Build Climate Resilient Communities

<> FACT SHEET: The Administration Announces Historic Commitments to Build Climate Resilient Communities - the Administration is announcing historic commitments to building climate resilient communities, including announcing the winners of the U.S. Department of Housing and Urban Development's (HUD) National Disaster Resilience Competition (NDRC) -- 13 states and local communities across the country will receive a combined $1 billion in disaster recover funds to rebuild and better prepare for future extreme weather and other climate change impacts. HUD Awards $1 Billion Through National Disaster Resilience Competition

Agreement to begin consideration of S.2012, Energy

<> Agreement to begin consideration of S.2012, Energy - The Senate has reached an agreement to begin consideration of S.2012, Energy Policy Modernization Act of 2015, following morning business on Tuesday, January 26, with debate only until 3:00pm S.2012

2015 Annual Global Climate Report

<> 2015 Annual Global Climate Report - The globally averaged temperature, over land and ocean surfaces for 2015, was the highest since record keeping began in 1880, according to NOAA scientists -- during the final month, the December combined global land and ocean average surface temperature departure from average was the highest on record for any month in the 136-year record – in an independent analysis of global temperature data, also released, NASA scientists also found 2015 to be the warmest on record.

USDA Seeks Public Comment on 2016-2020 Environmental Justice Strategic Plan

<> USDA Seeks Public Comment on 2016-2020 Environmental Justice Strategic Plan - The U.S. Department of Agriculture invites public comment on the draft update of the Department's Environmental Justice Strategic Plan -- the four-year plan establishes goals to increase outreach and participation by historically underserved communities for the years 2016-2020 and outlines the ways each USDA agency plans to accomplish them. Draft USDA Environmental Strategic Plan – comments by Feb 14