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EELP News Media Appearances

Hana Vizcarra on Federalist Society panel


Hana Vizcarra spoke on the “Climate Change, Environmental Justice, and the Environmental Agenda” panel for the Federalist Society’s Executive Branch Review Week on May 20th along with former EPA GC Matt Leopold, Nadira Clarke of Baker Botts, and Tony Francois of the Pacific Legal Foundation. You can view a recording of the event here.


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EELP News

Dale Bryk Joins EELP as Senior Attorney and Director of our State & Regional Climate Policies Work


Dale Bryk will join the Harvard Law School Environmental and Energy Law Program on May 17th as Senior Attorney and Director of our State & Regional Climate Policies efforts. Bryk has over two decades’ experience developing and implementing climate, energy efficiency, renewable energy, and clean transportation policies. “I am thrilled to be joining the stellar team at EELP. States and cities continue to push the envelope on climate, crafting policies to deliver a just and equitable transition to a clean energy economy. There couldn’t be a better time for EELP to expand its capacity to support their efforts,” she said.

EELP Faculty Director Jody Freeman says, “Dale is a fabulous addition to our program and brings her deep experience on state and regional climate and energy policy. She is one of the most creative, thoughtful and high-impact people working in this space, and is highly respected by all stakeholders. I am delighted to have her join our team.”

Bryk served as New York State’s Deputy Secretary for Energy and Environment from 2019-2020. As the Governor’s top energy and environment policy advisor, she oversaw New York’s nation-leading climate agenda and directed the agencies and authorities responsible for developing and implementing the state policies and initiatives needed to build a just and sustainable clean energy economy, such as the landmark Climate Leadership and Community Protection Act, the Green New Deal, the Regional Greenhouse Gas Initiative and the New York Green Bank.

Prior to this role, Bryk served in a variety of positions at the Natural Resources Defense Council, including Chief Planning Officer, Director of Programs, and Director of the Energy & Transportation Program. Throughout her 21 years at NRDC, she worked to develop and implement climate, energy efficiency, renewable energy and clean transportation policies. From 2002 to 2010, she also taught the Environmental Law Clinic at Yale Law School. Before joining NRDC, she practiced corporate law at Davis Polk & Wardwell in New York.

EELP Executive Director Carrie Jenks says “I am excited for the opportunity to have Dale join the EELP team. Her experience and expertise on state and regional climate policies for a broad range of sectors will be critical to support states’ adoption of policies that are legally resilient.”

Bryk holds a bachelor’s degree from Colgate University, a master’s from the Fletcher School of Law and Diplomacy at Tufts University, and a J.D. from Harvard Law School.


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Onshore Energy Students

Siting Renewable Energy on Public Lands: Existing Regulations and Recommendations


The Biden administration has committed to expand renewable energy development in the United States, including on public lands. Congress has also directed the Secretary to expand renewable energy permitting on public lands, with the goal of quintupling such energy production by 2025.

Permitting and siting renewable energy projects on public lands are complicated matters of law and policy. Public lands are subject to complex statutory and regulatory regimes and are managed by a diverse set of land management agencies. Plus, public lands bear myriad competing demands by stakeholders beyond energy development including recreation, conservation, ecosystem services, agriculture, grazing, and others. Secretary Haaland and the Department of the Interior now face the challenging task of balancing the sometimes-competing goals of conserving public lands and waters and offering them for renewable energy development.

Because the vast majority of onshore renewable energy development is taking place on lands managed by the Bureau of Land Management (BLM), the largest federal land manager by acreage, this analysis focuses on BLM’s statutory and regulatory regime. In this piece, I provide an overview of that regime, focusing on BLM’s 2016 Wind and Solar Rule, which created a comprehensive competitive bidding structure for renewable energy right-of-way leasing on public lands. I then discuss BLM’s broad environmental review documents covering wind and solar energy development. Finally, I consider the implications of this regulatory regime for renewable siting under the Biden administration and offer recommendations for both regulators and developers seeking to responsibly expand renewable energy development on public lands.

Read the full piece here: Siting Renewable Energy on Public Lands: Existing Regulations and Recommendations.


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Biden Administration Status Update Climate Federal Policy Analysis

Biden’s First 100 Days of Climate Action


Over the past four years, EELP closely tracked the Trump administration’s environmental deregulatory efforts. After the 2020 presidential election, we shifted our focus to assessing what these deregulatory actions would mean for the incoming administration’s goals. When President Biden took office, he quickly signaled a change in direction, issuing executive orders outlining agency mandates to address climate change, environmental injustice, and other pressing challenges. EELP reviewed these early orders and anticipated federal agency actions in our March 3 report “Biden’s Week One: Mapping Ambitious Climate Action.”

Now over 100 days into the Biden administration, we review the progress made on the climate and environmental goals outlined in his first week in office — undoing Trump rollbacks, implementing environmental justice and decarbonization priorities, and returning to the international stage. See our analysis of these and other topics in our “Biden’s First 100 Days of Climate Action” report.


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Clean Cars Corporate Climate Risk Environmental Justice

Hana Vizcarra and Hannah Perls Talk about Biden’s First 100 Days


Hana Vizcarra and Hannah Perls had a Zoom chat recently to discuss their observations of Biden’s first 100 days in office. They cover a range of topics around the Biden-Harris climate and environment agenda, including progress made so far on addressing the Trump administration’s rule rollbacks, the US rejoining the Paris Climate Accord and our Nationally Determined Contributions, California’s clean car rules, the growing call for corporations to disclose climate-related risks, and how the Biden administration is implementing its environmental justice goals.


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Electricity Law FERC

Electricity Law Initiative Suggests New FERC Office Monitor RTOs


The Electricity Law Initiative filed a comment about FERC’s Office of Public Participation. Congress created the Office in 1978, charging it with “coordinating assistance to the public with respect to authorities exercised” by FERC. FERC has never hired a Director for the Office or provided any funding to the Office. In December 2020, Congress instructed FERC to finally establish the Office. Shortly thereafter, FERC convened several public sessions to solicit ideas about the Office’s potential functions and opened a docket for written comments.

The Electricity Law Initiative’s comment suggests that FERC include monitoring of Regional Transmission Organizations (RTOs) in the Office’s portfolio. The Office could coordinate assistance to the public by documenting RTO processes and proceedings. Providing visibility into RTO decisionmaking could assist state regulators and officials, non-public utilities, companies providing advanced energy technologies, landowners affected by transmission development, and numerous other RTO-adjacent parties. The Initiative’s comment also explains how RTO monitoring would be consistent with FERC’s orders about RTO decisionmaking processes and would build on FERC’s long-standing efforts to enhance transparency of transmission operations and planning.


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