The Yr Ahead
Listed here are the highest ten environment and energy developments to look at for.
Here we’re, starting one other yr. Last yr turned out to have some major environmental developments. Probably the most notable were the Supreme Court’s ruling in West Virginia case, striking down the Clean Power Plan, and the passage of the Inflation Reduction Act, with its huge economic incentives for clean energy. Here’s quick rundown of what 2023 might hold in store.
- The Sackett case. A ruling on this case, now back within the Supreme Court a second time, could slash federal protection of wetlands and small streams, especially within the West.
- The Pork Producers case. The case involves a California law prohibiting sale of pork produced from pigs that weren’t humanely raised. Depending on how the opinion is written, it could also impact how much authority states need to limit the sale of electricity from fossil fuel generators or the sale of high-emissions vehicle fuels.
- Investigations. We’re going to see constant political theater through which House Republicans will haul administration officials in front of Congress for abuse and pepper them with burdensome document requests.
- EPA regulations. Due to West Virginia v. EPA, the agency could have to give you a recent approach to regulating carbon emissions from existing power plants. As well as, there are major air pollution rules within the works, which can result in less use of fossil fuels.
- FERC transmission rules. Latest transmission lines are crucial to the energy transition. FERC is attempting to give you rules that may streamline the approval process, which at this point is tremendously cumbersome.
- Climate disclosure rules. The SEC has proposed rules requiring extensive disclosure referring to carbon emissions and climate risks by large firms. Biden has now proposed imposing similar rules on federal contractors. Expect litigation when these are finalized.
- Spending battles. The Republicans won’t find a way to pass recent laws of their very own given Biden’s veto power and Democratic control of the Senate. They do have the power to chop budgets for agencies like EPA. They can also try to connect riders to must-pass laws, designed to suspend or roll back environmental requirements. Democrats will beat back.
- Possible recent energy laws. We’re obviously not going to see major recent laws. There could also be bipartisan support for targeted efforts to streamline permitting with the intention to allow rapid rollout of transmission and other energy infrastructure. We may also see laws focused specifically on transmission issues.
- State climate & energy regulation. Blue states will forge ahead with their climate programs, if anything with more enthusiasm as pushback against Republicans in Congress. Other states are going to be attempting to determine learn how to reply to the huge recent incentives for clean energy within the Inflation Reduction Act.
- Suits against oil firms. The Supreme Court will determine sometime within the spring whether to rule on an important procedural issue. Oil firms wish to move climate change lawsuits from state to federal court, where the industry has a greater probability of winning. That move could torpedo the lawsuits.
Little question there will likely be some surprises, but for now, these appear to be the largest things on the horizon. Stay tuned to Legal Planet for further developments!