November LPDD Newsletter

After Election, LPDD's Support for State and Local Climate Efforts More Important Than Ever

While last week's election was a sharp blow to federal action on climate change, our project remains undaunted. LPDD is committed to pursuing state- and local-level climate action in the weeks and months ahead. We know that, regardless of what happens at the federal level, leading states can create irresistible momentum to decarbonize different sectors of the economy -- and we know that in many sectors, states have always been the primary driver of climate progress.

State lawmakers and regulators can order electric and gas utilities to reduce emissions. They can adopt vehicle standards that outstrip federal requirements and build out the electric charging network. They can regulate agricultural practices and waste management. States and localities can set emissions and energy-efficiency requirements for buildings. And the more leading states and localities use the powers reserved to them, the more the economy will shift in ways that draw the rest of the country along in their wake.

LPDD will always be there to support states and localities in their climate efforts. Our work to date has provided state and local legislators with dozens of original models and identified over 2,500 resources and best practices on every area of decarbonization, from forestry to building codes. We have provided states with policy gap analyses and research on the options available to legislatures of different political stripes. As a proudly nonpartisan project, we stand ready to assist policymakers of all political backgrounds with identifying workable policies to meet their state's decarbonization needs.

None of that changes in light of the election. In fact, the need for LPDD's technical assistance to states and localities may only be greater in the months and years ahead. We look forward to the challenge.

New External Resources

modelclimatelaws.org is being continually updated with new, external legal resources. Below is a selection of recently added resources:

• New RMI Report on Regulatory Gaps in Transmission Planning: This November report from the Rocky Mountain Institute observes that trends in transmission spending have recently favored inefficient, lower-voltage local projects, as opposed to high-voltage, regional lines. The authors contend that this is largely a result of regulatory gaps at the state, regional, and federal levels, which run the risk of causing upgrades to the US grid to be made in a more costly and inefficient manner. The lack of robust review also means that local projects may be costlier and have greater land use and environmental impacts than larger, well-planned regional projects. The report lays out 11 recommended reforms at the state, regional, and federal levels to help to close the regulatory gap, including updating Integrated Resource Planning processes, creating electric transmission authorities, and offering faster cost recovery for projects that undergo regional review.
• Oregon Phases Out Natural Gas Extension Subsidies: By November, 2027, Oregon's largest gas utility will be required to completely phase out the subsidy for helping new customers connect to the utility, according to a recent Public Utility Commission Order. Oregon's move follows similar examples from California, Colorado, and Massachusetts, where states are trying to disincentivize expansion of the gas system.
• California Grid Data Reliability Order: In October, the California Public Utilities Commission issued a decision addressing the accuracy and timeliness of public grid data from utilities. The grid data portion of the ruling addresses California’s Integration Capacity Analysis (ICA), a model of the electric distribution grid that shows where new energy generation (such as solar energy systems) or load (such as electric vehicle chargers or building electrification upgrades) can be added without the need for costly grid infrastructure upgrades. California’s public utilities often publish incomplete and inaccurate ICA data, which can stymie developers trying to optimally site their projects. This is particularly problematic for the installation of charging infrastructure for medium- and heavy-duty vehicles, which can take years to complete and rely on siting where minimal grid upgrades will be required. Per the Order, the Commission will require a series of public workshops to discuss grid data accuracy issues within the ICA, and for utilities to file a remediation plan to address those issues. While these proceedings and plans are specific to California, every state faces similar challenges in ensuring that accurate, timely grid data is available to facilitate clean energy developments and EV charging infrastructure.
• Report on EPA Regulation of Landfill Methane Emissions: Industrious Labs' October 2024 report, Turning Down the Heat, estimated the emissions reductions that would occur if the United States put in place more aggressive policies to capture methane emitted from decomposing organic waste in landfills. The report stipulates key improvements to New Source Performance Standards/Emission Guidelines Standards (NSPS/EG) for Gas Collection and Control Systems, as well as Enhanced Cover Systems, to be effectuated at the EPA level, and cites positive examples out of California, Oregon, and Maryland where similar standards are already in place. It also considers the potential impact of a national organics diversion policy, and cites to states that are leading in that realm as well. According to the analysis, by adopting these policies, landfill methane could be reduced by 56 percent — about 104 million metric tons — by 2050.
• New Tracker on Gas Powered Lawn Equipment Regulation: The Public Interest Research Group has launched a new tracker showcasing a number of policies from around the country regulating gas powered lawn equipment or incentivizing the use of electric alternatives. In a map display, it links viewers to a variety of bans and phaseouts of lawn equipment, including leaf blowers particularly, as well as incentives to purchase electric lawn equipment.

Get Involved!

Not sure how to support our work? Check out our Get Involved page to see the many avenues by which lawyers can join us, and get in contact!

This update highlights and summarizes recent additions to the Legal Pathways to Deep Decarbonization (LPDD) website, which houses actual and model laws addressing the causes of climate change in the United States.

The Legal Pathways to Deep Decarbonization Model Law Project (LPDD-MLP) is a pro bono effort to draft model laws for use by legislators at the federal, state and local levels to support their efforts to achieve deep reductions in fossil fuel use and greenhouse gas emissions. The project is based on recommendations from the groundbreaking book Legal Pathways to Deep Decarbonization in the United States (Michael Gerrard and John C. Dernbach, eds., 2019). The work is supported by Columbia University's Sabin Center for Climate Change Law and Widener University Commonwealth Law School’s Environmental Law and Sustainability Center. Dozens of law firms and individual lawyers are contributing to this pro-bono effort as drafters, peer reviewers or in reaching out to policymakers.

Our website, modelclimatelaws.org, contains over 80 model laws that are a starting place for discussion and collaboration among elected officials, non-profit groups, and the private sector for enabling the U.S. to address climate change by reducing U.S. GHG emissions to zero by 2050 or earlier. The site includes several Top 10 lists for some of the key categories, like electric vehicles, PUC’s, buildings and other topics as a short-hand introduction. In addition, the site references hundreds of other actions that states and other governmental bodies have taken to move towards decarbonization more rapidly. By providing policymakers the tools to achieve deep decarbonization, the Project will help achieve a restructuring of the energy economy, thus alleviating the worst effects of climate change, which are disproportionately suffered by marginalized communities, while providing such positive benefits as economic security, social equity, and environmental justice (EJ).

Please contact us to talk about getting involved in drafting and peer reviewing legislation, to provide suggestions and feedback on the drafts and to talk about how we can help you support your climate change efforts.