Senior #energy reporter @Law360. Aging beer leaguer. 🏒[email protected]. DM for Signal.
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NEW @Law360: Me and graphics wiz @FakeBenJay have created a site tracking #climatechange suits against #FossilFuel companies as they progress in the courts, with links to our latest coverage. It’ll be updated as case events happen, check it out: law360.com/climate-torts-tra…
THREAD: Just one reporter’s observation, but an item that may be getting lost in discourse over BAAJA and its impact on NEPA is that federal courts and agencies are already applying, and with increasing frequency SCOTUS’ Seven County decision.
Seven County curtailed the scope of NEPA reviews, and also directed courts to offer more deference to NEPA reviews by federal agencies.
I’ve definitely seen that play out at @FERC, an agency I cover. The agency has leaned heavily on Seven County in pushing changes to its pipeline and LNG approval policies.
law360.com/articles/2537741/…
Keith Goldberg retweeted
So I've seen a lot of people who oppose the bipartisan permitting bill excitedly sharing this story.
Funny because many of these voices also loathed and opposed the big permitting deal Podesta previously negotiated.
And Podesta said they should modify the deal, not spike it.
SCOOP: Former Biden senior climate advisor John Podesta said senators should renegotiate the bipartisan permitting deal & he believes the bill’s permit certainty language hands Trump a “loaded Howitzer” to go after public lands.
For @heatmap_news
heatmap.news/politics/john-p…
My latest for @Law360: Senate permitting legislation could reduce courtroom time for project developers by funneling more lawsuits challenging agency decisions directly to appeals courts, but it isn't necessarily a silver bullet for faster litigation results.
Read here: law360.com/energy/articles/2…
Keith Goldberg retweeted
SCOOP: Former Biden senior climate advisor John Podesta said senators should renegotiate the bipartisan permitting deal & he believes the bill’s permit certainty language hands Trump a “loaded Howitzer” to go after public lands.
For @heatmap_news
heatmap.news/politics/john-p…
Keith Goldberg retweeted
New: Sen. Sheldon Whitehouse, Dem co-author of permitting bill, expects to see more from Trump admin.
“The administration needs to state clearly how it plans to get back to the regular permitting of wind and solar projects and demonstrate actual progress on doing so," he told me
Keith Goldberg retweeted
Scoop in @PunchbowlNews AM: 4 Senate Democrats led by @SenDuckworth are pushing back on the bipartisan permitting reform bill, arguing it will further enable Trump to favor fossil fuel projects and won’t stop its attacks on clean energy. Merkley, Markey, Wyden join new letter
Keith Goldberg retweeted
Do with this what you may: Trump today issued a proclamation declaring imports of wind turbines & components "impair" U.S. national security, stemming from a Commerce section 232 probe. The rhetoric is very anti-wind. But he is punting action on tariffs
whitehouse.gov/presidential-…
Keith Goldberg retweeted
Look, for months the redline for Dems has been ending the war on clean energy before we make major concessions in this space. As written, this bill does not do that. We should fix that. If the administration opposes a fix - if the only bill Trump would sign is a Trojan Horse that allows him to continue or worsen the war on clean energy - that will tell us something very important.
Keith Goldberg retweeted
No. But it is my firm belief that Democrats, having been punked and deceived by Trump repeatedly (see, e.g., last month's Russia sanctions bill), must do better than a permitting deal that gives away huge permanent concessions in return for fake assurances and Trojan Horses on clean energy. Don't trust, verify. In statute.
Keith Goldberg retweeted
NEW: Sen. Sheldon Whitehouse, top Dem permitting negotiator and EPW Committee ranker, reacts to my scoop on Trump admin moving 2 wind projects, telling me: “It’s a start, but we are going to need to see a lot more from the administration on wind and solar.”
FWIW, industry groups on Tuesday asked a federal judge to enforce injunction blocking the DOD’s suspension of wind project reviews, arguing that the agency wasn’t really complying. law360.com/energy/articles/2…
I’m wondering how much of the “states’ rights” concerns have to do with the transmission portion of the bill.
Scoop in @PunchbowlNews AM: 9 attorneys general from Dem states sent a letter to Senate leaders last night raising “substantial concerns” about provisions in the permitting bill that will “unnecessarily intrude upon states’ rights.” AGs spanning from Calif. to Mass. pushing back
Keith Goldberg retweeted
An inevitable turn. It's always personal and never about what policy would either benefit or hurt the public. Wind will always be associated with harming the family business. It's always a King Claudius situation and he or she who whispers last, whispers loudest. @ColumbiaUEnergy
SCOOP: Senate permitting deal on the rocks after Trump administration targets a fourth offshore wind project, New England Wind.
@SenWhitehouse tells my colleague @kelseytam “This is how you blow up a permitting deal.”
My latest for @Law360: The Senate permitting bill proposes an unprecedented extension of @FERC’s enforcement reach into areas of #electricity grid planning policy that have been traditionally overseen by states, agency watchers tell me. law360.com/compliance/articl…