Click here to download a complete pdf version of E&E Legal Letters Issue VI. Click on headlines for the full article.
States should reject Obama mandate for clean-power regulations
by Majority Leader Mitch McConnell
Lexington Herald-Leader, March 4, 2015
The Obama administration’s so-called “clean power” regulation seeks to shut down more of America’s power generation under the guise of protecting the climate. In reality, this proposed regulation would have a negligible effect on global climate but a profoundly negative impact on countless American families already struggling. The regulation is unfair. It’s probably illegal. And state officials can do something about it; in fact, many are already fighting back.
The State of Affairs of Renewable Energy
by David W. Schnare, General Counsel
Eventually the will of the consumers will win out, regardless of the advertising to which they are subjected and even in the politically correct but economically stupid renewable energy business. The political and bureaucratic dynamics of the renewables market have worked toward supporting uneconomic energy like wind and solar power. But the cost impacts have eroded the political enthusiasm and begun to cause voter and ratepayer backlash.
Peeking behind the ‘green’ curtain: Uncovering the Kitzhaber connections
by Chris Horner, E&E Legal Senior Legal Fellow
Washington Times, February 17, 2015
This week Oregon Gov. John Kitzhaber, a Democrat, leaves office, having resigned under the cloud of a cronyism and corruption scandal. A U.S. attorney has subpoenaed “records that are a catalog of Kitzhaber climate and economy-related initiatives,” centering on money given to Mr. Kitzhaber’s fiancee Cylvia Hayes. Ms. Hayes served a curious triple role of “first lady,” adviser to the governor on energy policy and well-compensated consultant for the “clean energy” industry.
How a State Might Respond to the 111(d) Proposal
by David W. Schnare, General Counsel
EPA received over two million comments on its proposal to shutter about half of all coal-fired power plants using authority it claims it has under Section 111(d) of the Clean Air Act. EPA calls this its “Clean Power Plan” and through the rule would require States to establish a State Implementation Plan (SIP) to implement a four part rule. More than half the states in the union think the rule is fatally flawed. Most think it is illegal in the first place. Even states that fully buy into climate alarmism think the targets EPA set are unachievable.
EPA Illegally Used Children as Guinea Pigs in Diesel Exhaust Experiments
by Craig Richardson, Executive Director
The U.S. Environmental Protection Agency (EPA) exposed children as young as 10 years old to dangerous levels of diesel exhaust in medical experiments, show documents obtained through the Freedom of Information Act (FOIA). The documents are being jointly released by the Committee for a Constructive Tomorrow (CFACT) and the Energy and Environmental Legal Institute (E&E Legal).
Greenies Attempt to Circumvent Open Record Laws
by Matthew Hardin, FME Law Counsel
Why does E&E stay so busy? Because forces on the left are always scheming to keep records of their work safe from public scrutiny. The latest example is a new report issued by the Union of Concerned scientists: Freedom to Bully: How Laws Intended to Free Information Are Used to Harass Researchers.
Nationally renowned media personality Katy Grimes has joined E&E Legal as a Senior Media Fellow.
E&E Legal Letters is a quarterly publication of the Energy and Environment Legal Institute. The publication is widely disseminated to key stakeholders, such as our members, website inquiries, energy, environment, and legal industry representatives, the media, congressional, legislative, and regulatory contacts, the judiciary, and donors.