July, 2020

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Summer Break

Energy and Climate Law

The energy and climate law blog is on summer break. Enjoy the sun and recharge batteries! The blog returns with new analyses on energy and climate law by the end of August/beginning of September. Many thanks for your support and have a good summer time!

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I Have Been Censored By Facebook For Telling The Truth About Climate Change And Extinctions

Environmental Progress

Click here for PDF Version of this letter July 2, 2020 Mark Zuckerberg Facebook Via Facebook, Twitter, and email Dear Mr. Zuckerberg, I am writing to inform you that Facebook has inappropriately censored a scientifically accurate article that I wrote and Zero Hedge, Quillette, Environmental Progress, and other web sites reprinted. It is called, “On Behalf Of Environmentalists, I Apologize For The Climate Scare.

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ENAMI and Cornerstone sued over Río Magdalena copper-gold mining project in Ecuador

Corp Watch

The Cotacachi indigenous community is suing ENAMI EP, Ecuador’s national mining company, and Cornerstone Capital Resources, of Ottawa, Canada, over Río Magdalena, a proposed copper-gold mining project in Los Cedros Protected Forest in the Llurimagua area of Ecuador.

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Guiding Europe Towards Faster and Deeper Decarbonisation: An Enhanced Role for Policy Monitoring?

Environmental Europe

Greenhouse gas monitoring – and increasingly climate policy monitoring, meaning the continuous tracking of policies with indicators – has existed since the early 1990s – and is thus a long-standing practice. For a long time, most people thought it to be a very technical exercise of low politics, but our new work demonstrates that this is no longer the case.

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Manufacturing Sustainability Surge: Your Guide to Data-Driven Energy Optimization & Decarbonization

Speaker: Kevin Kai Wong, President of Emergent Energy Solutions

In today's industrial landscape, the pursuit of sustainable energy optimization and decarbonization has become paramount. Manufacturing corporations across the U.S. are facing the urgent need to align with decarbonization goals while enhancing efficiency and productivity. Unfortunately, the lack of comprehensive energy data poses a significant challenge for manufacturing managers striving to meet their targets.

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Remedying Agency Misconduct

Vermont Law

by Alex Spitzer. The Minnesota Pollution Control Agency (MPCA) secretly took part in an illegitimate and illegal procedure when providing a national pollution discharge elimination system (NPDES) permit to PolyMet. [1]. PolyMet is a foreign company owned by Switzerland’s mining juggernaut Glencore. Fortunately, brave EPA employees blew the whistle and uncovered that the MPCA illegally withheld written comments made by EPA professional staff.

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Louisiana Governor Signs 2020 Tort Reform Legislation

The Energy Law Blog

One of the major outcomes of the 2020 Louisiana Legislative session was the passage of tort reform legislation that supporters argue will lower insurance rates and change the state’s notoriously litigious environment. The Civil Justice Reform Act of 2020, House Bill 57 (“HB57”) introduces a number of key changes: Allows jury trials if damages sought exceed $10,000 (the prior rule required $50,000 in damages); Revised the controversial “collateral source rule”; Repealed the limitation on presenti

2020 52

More Trending

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Montrose CEO participates in Milken Institute Panel on Investing in Climate Action

Montrose

To most effectively mitigate the impact of climate change, business and industry must be part of the solution. Fortunately, the marketplace for climate-related investing, research, and economic collaboration is thriving as government, the private sector, and environmental organizations develop a shared vision to address water scarcity, rising sea levels, increasingly violent natural disasters, and other results of a warming planet.

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Rio Tinto Blows Up 46,000 Year Old Sacred Aboriginal Site In Quest For Iron Ore

Corp Watch

The Juukan Gorge, a 46,000 year-old sacred Aboriginal site in the Pilbara region of Western Australia was blown up by Rio Tinto, the world’s second largest mining company, in a quest for iron ore, despite the fact that company executives were aware of the site’s significance to local tribes.

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Introducing the Justice Beat

Justice Podcast

Welcome to the Justice Beat, the official Podcast of the United States Department of Justice! Welcome to the Justice Beat, the official Podcast of the United States Department of Justice!

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Fighting Deadly Fires with Legislation

Vermont Law

by Kayley Olsen. Recently, California saw the worst and most devastating fire in their history. The Camp Fire. of 2018. On November 8. th. , 2018 the foothills of the Sierra Nevada set ablaze and would continue to do for the next 17 days. During that time 153,000 acres of land burned, 14,000 residencies were destroyed, and 85 people were killed. Camp Fire destroyed homes that would devastate families and change their world forever.

2018 52
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Implementing D.E.J.I. Strategies in Energy, Environment, and Transportation

Speaker: Antoine M. Thompson, Executive Director of the Greater Washington Region Clean Cities Coalition

Diversity, Equity, Justice, and Inclusion (DEJI) policies, programs, and initiatives are critically important as we move forward with public and private sector climate and sustainability goals and plans. Underserved and socially, economically, and racially disadvantaged communities bear the burden of pollution, higher energy costs, limited resources, and limited investments in the clean energy and transportation sectors.

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My Invitation to Become an Expert Reviewer to the Intergovernmental Panel on Climate Change

Environmental Progress

On January 6, 2020, the Intergovernmental Panel on Climate Change (IPCC) invited me to become an Expert Reviewer of its Sixth Assessment Report. The invitation read, “You have been identified as having relevant expertise and we would like to invite you to review and comment.” I accepted the invitation and submitted my comments in mid-March, before the deadline.

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Unique Green Ideas for Business

Environment Blog

In the wake of the enormous challenges faced during the first half of 2020, the awareness of environmental issues is perhaps greater than ever, and businesses all across the UK are looking for smart, green ways to rebuild after the Coronavirus crisis. Luckily, there are plenty of practical, easy ways to make your business more eco-friendly and sustainable, and you could end up saving money in the process too.

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The EU’s challenge with renewable energy expansion: What is the way forward?

Environmental Europe

The EU is facing a key challenge in climate and energy governance. It has agreed to address climate change under the Paris Agreement , and put forward increasingly ambitious policy targets for 2020, 2030 and 2050. However, it is increasingly struggling to fulfil them. The European Green Deal and the proposed European Climate Law reinforce the EU’s goal to achieve “net zero” emissions by 2050, meaning that the EU will emit no more greenhouse gases than it removes from the air (for example through

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Cloning

New Scientist

Cloning is the process of creating organisms that are genetically identical. These organisms are identical twins and are to some extent copies of each other.

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Shaping a Resilient Future: Climate Impact on Vulnerable Populations

Speaker: Laurie Schoeman Director, Climate & Sustainability, Capital

As households and communities across the nation face challenges such as hurricanes, wildfires, drought, extreme heat and cold, and thawing permafrost and flooding, we are increasingly searching for ways to mitigate and prevent climate impacts. During this event, national climate and housing expert Laurie Schoeman will discuss topics including: The two paths for climate action: decarbonization and adaptation.

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Renewable Energy Legal Defense Initiative files comments on behalf of local group in support of offshore wind

Law Columbia

On Monday, July 27, the Sabin Center filed comments with the Bureau of Ocean Energy Management (BOEM) in support of the proposed Vineyard Wind energy facility offshore Massachusetts on behalf of the group Win with South Fork Wind (“Win with Wind”). Win with Wind is a client of the Renewable Energy Legal Defense Initiative , a joint effort by the Sabin Center and the law firm of Arnold & Porter to provide pro bono legal counsel to groups and individuals who support renewable energy projects i

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EXTENDING EMERGENCY PREPAREDNESS TO FARM ANIMALS

Vermont Law

by Kerianne Morrissey . The ongoing threat of climate change leads to an increasing number of disasters every year. Animal agriculture is one of the drivers contributing to the acceleration of global warming. [1]. In the United States, the current emergency preparedness legal frameworks, at both the state and federal levels, are inadequate. The framework provides exceptions for domestic pets and service animals but not farm animals.

2009 52
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The Civil Rights Division Discusses the Americans With Disabilities Act

Justice Podcast

Assistant Attorney General for the Civil Rights Division Eric Dreiband speaks with Robbie Kirkendall, Special Legal Counsel in the division’s Disability Rights Section, about the division’s efforts to enforce the Americans with Disabilities Act (ADA), the 30th anniversary of the ADA, and the important role it has played in our society. Assistant Attorney General for the Civil Rights Division Eric Dreiband speaks with Robbie Kirkendall, Special Legal Counsel in the division’s Disability Rights Se

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U.S. District Court Upholds California’s Cap-and-Trade Agreement with Québec

Renewable + Law

On July 17, 2020, the U.S. District Court for the Eastern District of California rendered its decision in U.S. v. California (Case 2:19-cv-02142-WBS-EFB), upholding the agreement between California and the Canadian Province of Québec that links California and Québec’s respective cap-and-trade programs. In its opinion, the District Court rejected the federal government’s claim that the California-Québec agreement is preempted under the Foreign Affairs Doctrine.

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Sustainability at Retail

Sustainability impacts every nation, company, and person around the world. So much so that, in 2015, the United Nations (UN) issued a call for action by all countries to work toward sustainable development. In response to this and as part of a global Sustainability at Retail initiative, Shop! worked collaboratively with its global affiliates to address these critical issues in this white paper.

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EPA Announces Plan to Terminate COVID-19 Enforcement Discretion Policy on August 31, 2020

Environment Next

The United States Environmental Protection Agency (“EPA”) recently announced that it will be terminating its temporary enforcement discretion policy on August 31, 2020 at 11:59 PM Eastern Daylight Saving Time. In general, this means that EPA will not base any exercise of enforcement discretion on this temporary enforcement discretion policy for any noncompliance that occurs after August 31, 2020.

2020 40
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Dingo

New Scientist

The dingo is a kind of wild dog found exclusively in Australia. It is descended from the New Guinea singing dog.

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MONTROSE ENVIRONMENTAL GROUP ANNOUNCES LAUNCH OF INITIAL PUBLIC OFFERING

Montrose

IRVINE, CA (July 14, 2020) – Montrose Environmental Group, Inc. (the “Company” or “Montrose”) announced today that it has commenced an initial public offering of 10,000,000 shares of its common stock, all of which are being offered by the Company. The initial public offering price is expected to be between $15 and $17 per share. The Company expects to grant the underwriters an option to purchase up to an additional 1,500,000 shares of common stock.

Law 40
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Remedying Agency Misconduct

Vermont Law

by Alex Spitzer The Minnesota Pollution Control Agency (MPCA) secretly took part in an illegitimate and illegal procedure when providing a national pollution discharge elimination system (NPDES) permit to PolyMet.[1] PolyMet is a foreign company owned by Switzerland’s mining juggernaut Glencore.

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New Ohio Law Reduces Cost and Time for Environmental Cleanups

Ohio Environmental Law

On June 16, 2020, Ohio Governor Mike DeWine signed House Bill 168, which provides greater flexibility to manage environmental issues on commercial/industrial property. The bill will take effect on September 14, 2020 (90 days after the governor’s signature). What issue does H.B. 168 address? The cost to clean up historical contamination at commercial/industrial properties has long been an impediment to reuse and redevelopment.

Law 40
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FERC Issues Final Rule Overhauling PURPA Regulations

Renewable + Law

Yesterday, the Federal Energy Regulatory Commission (FERC) issued Order No. 872 and implemented the largest overhaul to FERC’s regulations affecting Qualifying Facilities (QFs) in more than a decade. The order itself is 491 pages in length and there remain plenty of details to unpack in its implementation (including future proceedings to come at the FERC and state public utility commission level), but what is clear is that Order No. 872 substantially changes the ground rules for developing QFs.

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Additional Guidance for Coronavirus-Related Distributions and Loans Under the CARES Act

The Energy Law Blog

On June 19, 2020, the Internal Revenue Service (the “IRS”) issued Notice 2020-50 which expands the categories of individuals eligible for coronavirus-related distributions (“CRDs”), loans, and loan repayment suspensions as well as resolves some of the issues that were concerning plan administrators and employers under the CARES Act. Under Section 2202 of the CARES Act, a qualifying CRD, which is subject to an aggregate $100,000 maximum, is: (1) not subject to the 10% additional tax on early dist

2020 40
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How changing the way you sit could add years to your life

New Scientist

Our bodies evolved to take rest breaks, but sitting on chairs and couches can cause long-term damage.

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Climate Feedback Unscientifically Confuses "Disasters" & Weather Events & Endorses Pseudoscientific Claim That We Are in A "Sixth Mass Extinction"

Environmental Progress

Climate Feedback authors introduce pseudoscience into their “fact check”. An organization calling itself “Climate Feedback” is falsely claiming that humankind is causing a “Sixth Mass Extinction” and unscientifically confusing “disasters” with weather events: Climate Feedback incorrectly claims that climate change is making natural disasters worse. The IPCC defines disaster as "Severe alterations in the normal functioning of community or society due to hazardous physical events interacting w/ vu

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Remedying Agency Misconduct

Vermont Law

by Alex Spitzer The Minnesota Pollution Control Agency (MPCA) secretly took part in an illegitimate and illegal procedure when providing a national pollution discharge elimination system (NPDES) permit to PolyMet.[1] PolyMet is a foreign company owned by Switzerland’s mining juggernaut Glencore.

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Is Your Farm Ready for the Swarm?

JANZEN AG

My dad, a retired Kansas farmer and cattleman, recently sent me an article about one startup company that hopes to release an army of small robots that go up and down row crop fields during the growing season, mowing any weeds in their path. I categorize this type of concept as “swarm farming”—the idea that many, small autonomous robots can perform the same task that today is done by large, farmer-driven machines.

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D.C. Circuit Affirms FERC Order No. 841, Ensuring Storage Access to Wholesale Markets

Renewable + Law

On Friday, July 10, 2020, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) upheld the Federal Energy Regulatory Commission’s (“FERC”) Order Nos. 841 and 841A, which established a framework for electric storage resources’ (“ESRs”) participation in wholesale markets. The D.C. Circuit rejected the petitioners’ arguments that FERC exceeded its jurisdictional boundaries and intruded on regulatory matters left to the states in prohibiting states from barring ESRs located on their distri

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CRES Forum and Conservative Energy Network Hold 70+ Lawmaker Meetings to Advocate for Clean Energy

Cresforum

WASHINGTON, D.C. (July 17, 2020) – Today, Citizens for Responsible Energy Solutions (CRES) Forum and the Conservative Energy Network (CEN) announced that starting on Monday, July 20, more than 90 business leaders, farmers, state officials and others from around the country will participate in a three-day series of more than 70 meetings with conservative leaders in Congress to advocate for greater investment in clean energy.

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PJM’s Pass Back to FERC’s MOPR Order

Vermont Law

by Naveed Nanjee In December 2019, the Federal Energy Regulatory Commission (“FERC”) released an order that requires PJM Interconnection LLC (“PJM”), a regional grid operator, to expand its Minimum Offer Price Rule (“MOPR”) to state-subsidized resources in the capacity market.

2019 40
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PJM’s Pass Back to FERC’s MOPR Order

Vermont Law

by Naveed Nanjee In December 2019, the Federal Energy Regulatory Commission (“FERC”) released an order that requires PJM Interconnection LLC (“PJM”), a regional grid operator, to expand its Minimum Offer Price Rule (“MOPR”) to state-subsidized resources in the capacity market.

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