Hello and welcome to the 2020-21 edition of JEEL’s blog. We provide regular updates on significant developments in environmental and energy law and policy on a local, regional, national, and, at times, international level. JEEL’s team of Associate Research Editors (AREs) will cover everything from utilities and energy generation to land conservation to air and water litigation, and much more.

As always, our mission is to provide non-partisan information and analysis on the key environmental and energy law and policy topics of the day. We will remain vigilant in fulfilling that mission; posts expressing a particular viewpoint will be clearly labeled as “opinion.”

Please join me in welcoming this year’s team of AREs, whose diverse backgrounds and experiences will provide the blog with a valuable swath of insights on the environmental and energy topics of the day. They include:

Hannah Bucher
Andrea Jakubas
Fernando Silva
Sydney Weiss
Sylvia Wolak

Sincerely,

Joe Popely
Research Editor

January 2020, Warmest in Recorded History

On February 13, 2020, the National Oceanic and Atmospheric Administration (NOAA) announced the planet experienced its hottest January in recorded history.[1] This is not likely to be the last record of its kind.[2] January 2020 marks the 44th consecutive January and the 421st consecutive month with temperatures above the twentieth century average.[3]

The average January temperature across land and ocean surfaces increased by 2.05 degrees Fahrenheit from the twentieth century average of 53.6 degrees Fahrenheit.[4] Previously, record-high temperatures occurred when El Niño was present in the Pacific Ocean.[5] El Niño temporarily heats the earth naturally.[6] However, with no El Niño present this year, we achieved these record-high temperatures all on our own.[7] Scientists attribute these record-high temperatures as “greenhouse gas-induced warming” producing global temperature rises.[8]

These rising global temperatures are here to stay.[9] According to statistical analysis by the NOAA, 2020 is already on track to be one of the five warmest years on record.[10]

*Featured Image: NOAA

[1] John Bateman, January 2020 was Earth’s hottest January on record, National Oceanic and Atmospheric Administration (February 13, 2020), https://www.noaa.gov/news/january-2020-was-earth-s-hottest-january-on-record (last visited February 15, 2020).

[2] See id.

[3] Id.

[4] Denise Chow, Earth just had its hottest January in recorded history, NBC (February 13, 2020), https://www.nbcnews.com/science/environment/earth-just-had-its-hottest-january-recorded-history-n1136426 (last visited February 15, 2020).

[5] Hannah Levy and Brandon Miller, In 141 years of record-keeping, there has never been a warmer January, CNN (February 13, 2020), https://www.cnn.com/2020/02/13/weather/warmest-january-noaa-climate-trnd/index.html (last visited February 16, 2020).

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Id.

U.S. Withdraws from Paris Agreement

President Donald Trump recently announced that the United States began the process to withdraw from the Paris Agreement.[1] The administration confirmed the withdrawal will be final on November 4, 2020.[2]

The Paris Agreement considered the voluntary national commitments of participating nations in the global reduction of greenhouse gases, to set achievable national goals to combat global climate change and establish a metric for measuring progress in meeting the global goals.[3] Almost 200 countries signed the Paris Agreement in 2015 and pledged to reduce greenhouse gas emissions.[4] The United States was a powerful party in the original agreement.[5] They created language to hold countries accountable for their promises.[6] However, the United States is now the only country to pull out of the global agreement.[7]

According to Andrew Light, a former climate official in the U.S. State Department, “[t]he United States is not cooperating with the rest of the world on dealing with climate change.”[8] Rachel Cleetus of the Union of Concerned Scientists says “[t]he reality is, to really deliver on our climate goals, we do need strong federal action.”[9]

Michael R. Pompeo, Secretary of State, stated in his press statement despite the withdrawal from the Paris Agreement, “[The United States] will continue to work with our global partners to enhance resilience to the impacts of climate change and prepare for and respond to natural disasters . . . the United States will continue to research, innovate, and grow our economy while reducing emissions and extending a helping hand to our friends and partners around the globe.”[10]

[1] David Roberts, The Paris climate agreement is at risk of falling apart in the 2020s, Vox (November 5, 2019), https://www.vox.com/energy-and-environment/2019/11/5/20947289/paris-climate-agreement-2020s-breakdown-trump (last visited November 7, 2019).

[2] Id.

[3] David Roberts, The Conceptual breakthrough behind the Paris climate treaty, Vox (December 15, 2015), https://www.vox.com/2015/12/15/10172238/paris-climate-treaty-conceptual-breakthrough (last visited November 8, 2019).

[4] Rebecca Hersher, U.S. Formally Begins to Leave the Paris Climate Agreement, NPR (November 4, 2019), https://www.npr.org/2019/11/04/773474657/u-s-formally-begins-to-leave-the-paris-climate-agreement (last visited November 8, 2019).

[5] See Id.

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Michael R. Pompeo, On the U.S. Withdrawal from the Paris Agreement, U.S. Department of State (November 4, 2019), https://www.state.gov/on-the-u-s-withdrawal-from-the-paris-agreement/ (last visited November 7, 2019).

Leadership Shake-Up at Department of Energy and Federal Energy Regulatory Commission

On Thursday November 7, 2019, the Trump Administration officially nominated Dan Brouillette to succeed Rick Perry as the U.S. Energy Secretary.[1] Secretary Perry’s ties to the ongoing investigation into President Trump’s communications with the President of Ukraine, Volodymyr Zelensky, foreshadowed Perry’s resignation.[2]  An official date of resignation has not yet been set, but Secretary Perry is expected to step down before the end of the year.[3]

Under his previous appointment as the Deputy Energy Secretary, Brouillette was responsible for leading the day-to-day operations at the Department of Energy (“DOE”). He has also held prior government positions as the Chief of Staff for the House Committee on Energy and Commerce, the Assistant Secretary of congressional affairs for the DOE, under President George W. Bush, and a member of the Louisiana State Mineral and Energy Board.[4] Chairman of the Senate Energy and Natural Resources Committee, Sen. Lisa Murkowski (R-Alaska), released a statement expressing her confidence that Brouillette “will excel in this new role.”[5]

In other federal energy news, on November 5, 2019, the Senate Energy and Natural Resource Committee questioned James Danly, the White House nominee, vying for one of two commissioner vacancies on the Federal Energy Regulatory Commission (“FERC”).[6] FERC is an independent, bipartisan regulatory agency tasked with regulating the interstate transmission of electricity, natural gas, and oil.[7] Danly is currently serving as the general counsel for FERC. His appointment would end the regulatory bottleneck resulting from FERC’s inability to meet the quorum requirements to take an official vote on pending decisions.[8]  However, there will still be one vacant commissioner seat to be filled by a Democratic-appointee, which the Trump Administration has yet to announce a nomination.

Featured Image: Mari Yamaguchi/AP Photo

[1] Humeyra Pamuk, Trump nominates former Ford executive to be new U.S. energy secretary, Reuters (Nov. 7, 2019),  https://www.reuters.com/article/us-usa-trump-brouillette/trump-nominates-former-ford-executive-to-be-new-u-s-energy-secretary-idUSKBN1XI022?feedType=RSS&feedName=topNews&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+reuters%2FtopNews+%28News+%2F+US+%2F+Top+News%29 (last visited Nov. 8, 2019).

[2] Maggie Haberman and Lisa Friedman, Perry to Resign as Energy Secretary, The New York Times (Oct. 17, 2019), https://www.nytimes.com/2019/10/17/us/politics/rick-perry-energy-secretary-resigns.html?module=inline (last visited Nov. 8, 2019).

[3] Id.

[4] Lisa K. Friedman and Mariel Padilla, Trump Taps Dan Brouillette to Succeed Rick Perry as Energy Secretary, The New York Times (Oct. 18, 2019),  https://www.nytimes.com/2019/10/18/us/politics/dan-brouillette-energy-secretary-rick-perry.html (last visited Nov. 8, 2019).

[5] Press Release, United States Senator for Alaska Lisa Murkowski, Murkowski Welcomes Nomination of Dan Brouillette to be Secretary of Energy (Oct. 21, 2019), https://www.murkowski.senate.gov/press/release/murkowski-welcomes-nomination-of_dan-brouillette-to-be-secretary-of-energy (last visited Nov. 8, 2019).

[6] Iulia Gheorghiu, Sen. Manchin ‘fighting’ for White House nomination of Democratic FERC candidate, Utility Dive (Nov. 6, 2019), https://www.utilitydive.com/news/sen-manchin-fighting-for-white-house-nomination-of-democratic-ferc-candi/566722/ (last visited Nov. 8, 2019).

[7] FERC, About FERC: What FERC Does, https://www.ferc.gov/about/ferc-does.asp (last visited Nov. 8, 2019).

[8] Iulia Gheorghiu, Trump bucks bipartisan tradition with plan to nominate Republican FERC commissioner, Utility Dive (Oct. 2, 2019), https://www.utilitydive.com/news/trump-picks-Republican-Danly-FERC-nominee-sans-Democrat-pre-clearance-Clements-Schumer-Manchin/564149/ (last visited Nov. 8, 2019).

Michigan Lawmakers Continue to Consider Legislation to Diversify Electricity Sources.

Four, bipartisan state bills were introduced in 2014, in an attempt to diversify Michigan’s energy sources.[1] The bills tackled fair value pricing, net metering enhancements, community renewable energy gardens, and microgrids.[2] Despite having bipartisan support, the bills failed to make it out of committee during the past three legislative sessions.

Lawmakers have introduced a new series of bills named Powering Michigan Forward.[3] The proposed bill would eliminate current regulatory blocks that hinder the future growth of Michigan’s solar energy market.[4] The bill’s sponsors argue that the “package gives residents of Michigan’s Upper Peninsula energy freedom,” that it will support community jobs—ultimately, helping the “district’s economy continue its forward momentum.”[5] With the introduction of these bills, Michigan state legislators hope to increase residential, commercial, and industrial communities’ access to clean and affordable energy options.[6]

While clean energy developers and local business interest groups support the proposed legislation, Consumers Energy opposes the bills believing that the implementation costs are disproportionate, and “customers should pay their fair share to ensure reliability and affordability of the energy grid.”[7] DTE, a holding company established by Detroit Edison, was also concerned by the proposed legislation because,  while the push toward small power may be beneficial for certain customers or conditions, “they continue to be expensive and have incremental benefits when you consider broader issues.”[8]

[1] Andy Balaskovitz, Bipartisan ‘energy freedom’ bills resurface in Michigan, one at a time, Energy News Network (October 22, 2019), https://energynews.us/2019/10/22/midwest/bipartisan-energy-freedom-bills-resurface-in-michigan-one-at-a-time/ (last visited October 24, 2019).

[2] Andy Balaskovitz, Michigan legislators seek ‘energy freedom’ for consumers, Energy News Network (July 22, 2014) https://energynews.us/2014/07/22/midwest/michigan-legislators-seek-energy-freedom-for-consumers/ (last visited October 24, 2019).

[3] Megan Schellong, Lawmakers introduce renewable energy bills, WLNS (October 22, 2019), https://www.wlns.com/news/lawmakers-introduce-renewable-energy-bills/ (last visited October 24, 2019)

[4] Id.

[5] Fox 47 News, Bills introduced to improve clean energy, Fox News (October 22, 2019), https://www.fox47news.com/news/local-news/bills-introduced-to-improve-clean-energy (last visited October 24, 2019).

[6] Id.

[7] Robert Walton, DTE, Consumers Energy push back on Michigan legislators’ plan to rewrite 2016 energy law, Utility Dive (October 23, 2019), https://www.utilitydive.com/news/dte-consumers-energy-push-back-on-michigan-legislators-plan-to-rewrite-20/565642/ (last visited October 24, 2019).

[8] Id.