Has the Supreme Court frozen climate change litigation?
The Supreme Court’s decision in American Electric Power v. Connecticut strongly limits private nuisance actions against greenhouse gas (GHG) emitters by keeping these cases out of federal court. But the AEP decision won’t stop lawmakers from enacting new GHG regulations, and it won’t prevent plaintiffs from suing emitters in state courts.
How we got here and what to expect.
New air quality regulations, including the Cross-State Air Pollution Rule, have prompted substantial investments in emission control upgrades. But a series of additional standards—for mercury, toxins, cooling water and ash residue—are driving delays and shutdowns in the coal-fired power fleet. Investment decisions depend on a clear understanding of where EPA is headed, and how the new regulations will affect generators’ costs—and market prices.
1. ‘Policy’ Guides the Grid; 2. Carbon Not a Nuisance (Yet); 3. Gigabucks for Negawatts; 4. A MOPR, Not a NOPR; 5. Ramp Up the Frequency; 6. Cap-and-Trade Still Lives; 7. Cyber Insecurity; 8. Korridor Killer; 9. The Burden Not Shared; 10. Ozone Can Wait.
Renewing public support after Fukushima Daiichi.
The Fukushima disaster has fallen off the headlines, but fear of nuclear energy remains a potent barrier to new development—as well as continued operation of the current reactor fleet. Building the foundation for a stable industry will require a sustained and strategic approach to restoring and securing the public trust.
Connecting vehicles to smart systems.
Electric vehicles (EV) are just getting started, with rapid growth ahead. Plug-in hybrids and other EVs could capture 20 percent of the U.S. auto market by 2030. When planning for future infrastructure and technology needs, utilities face difficult questions about how EVs will interact with the utility grid. A comprehensive approach to communicating and integrating vehicle information will allow utilities and drivers to make the most of smart electric transportation.
Business models are evolving to suit a shifting industry landscape.
The next decade will bring serious disruption to the utility industry. But with cooperation from regulators and legislators, utility companies will be able to shift their business models to capture significant value—both in existing businesses and emerging ones.
‘We can’t have it both ways: costly mandates without full consumer understanding and support.’
Why electricity is good—and more is better.
A century of electrification shows clearly that more electricity—and cheaper electricity—enhances public health, raises living standards and also improves the environment. Conversely, higher prices harm businesses and families, with a disproportionate impact on low-income households. Public welfare goals are best served by public policies that make electricity more accessible and affordable to the masses—not less.
(June 2011) Duke and ATC team up to build transmission lines; AEP installs bioreactor to control selenium emissions; NextEra buys 100 MW of wind from Google; Ocean Power Technologies awards contracts for wave power array; Kansas City picks Elster; BC Hydro picks Itron; plus contracts and developments involving Tres Amigas, Ioxus, Opower and others.
Prospects for clean energy legislation in 2011.
With budget battles heating up in Washington, Congress and the Obama administration are squaring off to debate energy policy legislation. While Democratic leadership favors a clean energy standard, Republican lawmakers are focused on blocking administration initiatives to regulate greenhouse gas emissions. A compromise approach might bring substantial changes to America’s national energy strategy.