Clean Energy Tax Credits & Changes Made by the Inflation Reduction Act Two federal tax credits—the investment tax credit (ITC) and the production tax credit (PTC)—have played a significant role in catalyzing development of clean energy projects. The ITC, which was created […] November 20, 2023
Legal Analysis Held v. Montana: A Win for Young Climate Advocates and What It Means for Future Litigation How this case reached the Court in the first place, implications of the use of the major questions doctrine, and EPA’s path forward. August 30, 2023
Quick Takes Texas v. EPA Quick Take In December 2021, EPA finalized revised greenhouse gas (GHG) emissions standards for light-duty vehicles for model years 2023 through 2026 (“2021 rule”).[1] Section 202(a) of the Clean Air Act (CAA) […] August 15, 2023
Wind Wakes and the Right to Wind Power Generation The Biden administration’s goal to create a carbon pollution-free power sector by 2035 and a net zero emissions economy by 2050[1] will likely require rapid deployment of wind power. As […] May 23, 2023
Potential Impacts of the IRA’s Onshore Energy Leasing Provisions The Inflation Reduction Act (IRA), passed by Congress on August 12, 2022, changes the incentives and procedural requirements for energy leasing on federal land. In this paper, I provide an […] March 24, 2023
Sackett v. EPA and the Definition of Waters of the United States The Clean Water Act[1] (CWA) governs the discharge of pollutants into waters of the United States. Supreme Court rulings and agency rulemakings that define the reach of this act have […] June 24, 2022
Legal Challenges to President Biden’s Social Cost of Greenhouse Gases Estimates The social cost of greenhouse gases (or social cost of carbon) is a metric that helps federal agencies account for the potential economic impacts of their rulemakings on climate. President […] May 27, 2022
EPA’s Revived Clean Cars Waiver for California On March 14, 2022, the Biden EPA issued a notice of decision to reinstate California’s Clean Air Act waiver for its Advanced Clean Car program,[1] restoring the state’s authority to […] April 6, 2022
Legal Analysis EPA’s Authority to Regulate Hazardous Air Pollutants from Power Plants: the Appropriate and Necessary Finding Download a copy of this paper here. EPA’s Mercury and Air Toxics Standards (MATS), finalized in 2012 and under section 112 of the Clean Air Act, regulates the amount of […] March 9, 2022