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Environmental & Energy Law

Improving the Use of Science in Regulation

Administrative Law & Regulation and Environmental Law & Property Rights Practice Group Teleforum Thursday, June 29, 02:00 PMFederalist Society Teleforum Conference Call

Regulations intended to address public health and environmental risks depend heavily on scientific information. Yet, they are often the subject of heated debate, involving accusations of “politicized science,” “advocacy science,” and “junk science.” Susan Dudley will discuss her forthcoming paper with Marcus Peacock that explores the motivations and institutional incentives that have led to this acrimony. The paper illustrates the problem with a case study of the National Ambient Air Quality Standards issued under the Clean Air Act, and offers recommendations for improving how science is used to inform regulatory policy.

Featuring: 

  • Hon. Susan E. Dudley, Director, Regulatory Studies Center and Distinguished Professor of Practice, The George Washington University

Litigation Update: Exxon Investigation - Podcast

Litigation Practice Group Podcast
Ken Paxton May 10, 2017

On April 20th, eleven state Attorneys General filed a joint amicus brief in support of ExxonMobil and its request to stop an investigation into allegations of fraud and deceptive practices surrounding the relationship between fossil fuels and climate change. Texas AG Ken Paxton was joined by ten other state Attorneys General on the brief in a New York District Court. On May 9, AG Paxton joined us to share his views on the underlying investigation, whether it impinges on Exxon’s free speech protections, and the ramifications a potential lawsuit could have on the fossil fuels industry.     

Featuring:

  • Hon. Ken Paxton, Attorney General, Texas

State 'Around Market' Action and FERC: The End of Competitive Wholesale Electric Markets? - Event Audio/Video

Telecommunications & Electronic Media and Environmental Law & Property Rights Practice Groups
Larry Gasteiger, Raymond L. Gifford, Cheryl A. LaFleur, William W. Hogan, Steven Schleimer, Anthony T. Clark April 24, 2017

For the past two decades, the U.S. has experimented with “market”-based competitive wholesale electric markets.  Through FERC-superintended regional transmission organizations (RTOs) and Independent System Operators (ISOs), large regions of the country have procured electricity through a competitive generation model.  Recently, those markets have been questioned as baseload electric resources – nuclear, coal and combined-cycle gas – have become unprofitable in the face of tax-favored renewable energy and low cost natural gas.  States, in particular, have engaged in regulatory and legislative steps to rescue distressed baseload resources.  The New York Clean Energy Standard, the Illinois Future Energy Jobs Bill and moves by states as politically disparate as Massachusetts, Ohio, Connecticut, Texas and California have brought the issue of the future of electric markets to the fore.  This program will examine the legal and regulatory issues facing the states, the FERC, the courts and the entire electricity industry. 

This program was held at the National Press Club on April 18, 2017, and included an opening Keynote from Acting FERC Chairman Cheryl A. LaFleur followed by an expert panel discussion.

Featuring:

  • Larry Gasteiger, Chief, Federal Regulatory Policy for PSEG
  • Ray Gifford, Denver Managing Partner, Wilkinson Barker Knauer LLP
  • Hon. Cheryl A. LaFleur, Acting FERC Chairman
  • Prof. William (Bill) Hogan, Research Director, Harvard Electricity Policy Group, Raymond Plank Professor of Global Energy Policy, Harvard University
  • Steven Schleimer, Senior Vice President for Government and Regulatory Affairs, Calpine Corp.
  • Moderator: Tony Clark, Former FERC Commissioner, Senior Advisor, Wilkinson Barker Knauer LLP

National Press Club
Washington, DC

Clean Power Plan Oral Argument Recap - Podcast

Environmental Law & Property Rights Practice Group Podcast
Elbert Lin October 06, 2016

On Tuesday, September 27, the D.C. Circuit Court of Appeals heard en banc West Virginia v. Environmental Protection Agency, the case that will determine the fate of President Obama’s Clean Power Plan. If enacted, the Clean Power Plan would set a national limit for carbon emissions, and require each state to reduce its own output and meet state-specific standards. In February, the Supreme Court voted 5-4 to stay the Clean Power regulations while the case was pending in the D.C. Court. Twenty-four states, and various energy producers, have joined the suit against the federal government. Does the EPA have the authority to regulate a state’s carbon emissions under the Clean Air Act? Elbert Lin, the Solicitor General of West Virginia, joined us once again to discuss the oral arguments in this very important case.

Featuring:

  • Mr. Elbert Lin, Solicitor General, State of West Virginia