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Energy Update, July 1, 2011

July 1, 2011

In the States

CA – The California Air Resources Board (ARB) has postponed full implementation of the State’s cap-and-trade system for one year, until 2013, though ARB Chairwoman Mary Nichols maintains the State will still be on track to meet the underlying law’s emissions goal:  reducing GHG emissions to 1990 levels by 2020.  The law was originally supposed to take effect at the beginning of 2012.  "We will be testing the system, doing simulation models, but no one will be held accountable during that year for compliance," Nichols said. "But at the end of 2014, people will still be where they would have been if the program had started." She also indicated that Governor Jerry Brown did not involve himself in the Board’s decisions.  A judge ruled in March that the State had not adequately analyzed alternatives to the cap-and-trade program before requiring its implementation, as required by California’s Environmental Qualify Act, but an appeals court has since ruled the State can move forward while the appeal is being heard.   California delays its carbon trading program for a yearLos Angeles Times and California delays cap-and-trade auctions, citing potential gamingNew York Times

FL – Governor Rick Scott has proposed developing a new State energy policy that would encourage renewable energy, but also would also address other issues such as offshore drilling and clean coal.  He also wants the Public Service Commission to lower requirements for utilities to conserve more electricity through consumer rewards and incentives.  The Governor has said that he wants to attract manufacturing jobs to the State and that doing so would require lower energy costs.  While one of the State’s utilities estimated that a plan in place to lower energy usage would cost the average residential consumers an additional $13.20 per month over nine years, the Governor is looking for alternative approaches for meeting Florida’s energy needs. In a meeting with energy stakeholders, Mary Anne Carter, Governor Scott’s chief advisor said, “The Governor is a big proponent of renewable energy.”  The Governor, however, also prefers allowing free-market forces to determine the type and amount of renewable energy use rather that favoring a single type of producer or driving the market through a renewable standard set by the State.  Scott calls for reducing energy-saving rebatesSunSentinel and Scott wants to reduce energy efficiency rules and push cost-effective renewablesMiami Herald

GA – Governor Nathan Deal has ordered that a scheduled increase in the State’s gasoline tax from 20.4 cents per gallon to 22 cents per gallon that was to take effect on July 1 be suspended until the end of the year.  The legislature will need to finalize the decision, but the Governor’s plan has the support of the State House Speaker.  Governor Deal cited gasoline’s “escalating costs in 2011” in his announcement of the freeze, and said that the move should save consumers $40 million in the coming months.  Governor freezes gas tax Atlanta Journal Constitution

NV – Governor Brian Sandoval has vetoed a renewable energy bill because of a provision added on the legislature’s last day that would have increased electricity rates to pay for a transmission line that would be used to export power from the State.  The bill would have allowed a single utility, NV Energy, to bypass the normal approval process for this project, which critics contended would have cost as much as $1 billion.  The utility would have been able to send renewable energy power to other States with renewable energy standards, including California and Arizona.  Governor Sandoval said that any potential rate hike “would result in the imposition of an unnecessary and unfair burden on our recovery.”  The project may still move forward without the bill, as other companies have also expressed interest in building the transmission lines.  Governor vetoes controversial last-minute energy billLas Vegas Sun

National News

In a unanimous decision, the Supreme Court threw out a lawsuit from brought by a group of States and environmental groups that, if successful, would have forced power plants to lower greenhouse gas emissions.  The U.S. Environmental Protection Agency (EPA) already regulates greenhouse gas emissions from some large industrial plants and is planning to issue regulations to control power plant emissions next year.  While some members of Congress are seeking legislation to block the EPA from using the Clean Air Act to issue regulations further limiting greenhouse gas emissions, the plaintiffs in this case were seeking the right to require lower emissions more quickly through a lawsuit, which could have given federal judges a role in overseeing emissions standards, currently the authority of the EPA.  The court ruled that giving such power to judges is not consistent with the Clean Air Act and rejected the lawsuit, but said that the group could sue the EPA in federal court should they disagree with the agency’s rulemaking decision.  States cannot bypass EPA on power plant emissions, Justices ruleNew York Times and Supreme Court tosses lawsuit against utilitiesPolitico

 

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