On January 28, 2021, and for the second time in a month, the Massachusetts Legislature passed historic legislation designed to holistically address issues associated with the effects from climate change.  Governor Baker has 10 days to sign it, veto it, or return it to the General Court with recommended amendments.
Continue Reading Massachusetts Legislature Passes Landmark Climate Legislation…Again

The Commonwealth of Massachusetts is poised to outline its planned steps to achieve the goals of its climate change-focused policies.  On December 7, 2020, the Massachusetts Executive Office for Energy and  Environmental Affairs (“EOEEA”) hosted a webinar to discuss the development and pending release of the Massachusetts Decarbonization Roadmap to 2050 (the “Roadmap”), which EOEEA indicates it will publish this month. The Roadmap constitutes the plan of the Commonwealth to identify cost-effective and equitable pathways and strategies for Massachusetts to reach Net Zero emissions by 2050, and the priorities to achieve an on-pace interim goal by 2030. In addition to the development of the Roadmap, the Commonwealth is in the process of preparing the 2020 update to the Clean Energy and Climate Plan (“CECP”), which is mandated to receive updates every five years under the Global Warming Solutions Act (“GWSA”).

Continue Reading Pulling on the same oar? Federal, State, and Local Measures Need Alignment to Achieve Climate Goals

As we reported in an earlier posting, on June 4, 2020, the Massachusetts Attorney General’s Office (“AGO”) filed a petition, which requested the Massachusetts Department of Public Utilities (“DPU”) to open an investigation into potential changes to local natural gas distribution company (“LDCs”) operations to support the Commonwealth’s legislatively mandated greenhouse gas (“GHG”) emission limit reductions (the “Petition”). Specifically, the AGO’s Petition seeks to evaluate the industry, regulatory and policy adjustments that are requisite to meet the state GHG limits, and to “determine what near and long-term adjustments are necessary to maintain a safe and reliable gas distribution system and protect consumer interests as the Commonwealth transitions” to carbon neutrality by 2050.
Continue Reading Massachusetts DPU Opens Investigation into Natural Gas Distribution Companies

On October 19, 2020, the New York State Department of Environmental Conservation (“NYSDEC”) will begin enforcing the state’s ban on single-use carryout plastic bags. Enforcement was delayed from earlier this year due to a legal challenge, which has since been resolved. Those persons found to be in violation of the ban face a range of consequences from a simple warning for a first offense and civil penalties thereafter. Grocery stores, retailers, and other establishments in New York that may be the target of enforcement will want to carefully review the provisions of this ban and their obligations going forward.

Continue Reading New York to Commence Enforcement of Plastic Carryout Bag Ban

Following a public review process, the Massachusetts Department of Energy Resources (“DOER”) recently found, among other factors, that the costs of a solicitation for independent offshore wind energy transmission outweigh the potential benefits.  Accordingly, the agency decided not to require the Massachusetts Electric Distribution Companies (“EDCs”) to pursue a joint competitive transmission only solicitation.  The DOER’s findings were presented in a letter to the state legislature’s Joint Committee on Telecommunication, Utilities and Energy, as a supplement to the DOER’s prior findings in its Offshore Wind Study, which was published just over a year ago.  This action appears to close the latest chapter in a several year effort to advance a coordinated transmission for offshore wind resources.  How this fits into the Commonwealth’s long term energy strategy remains an open question, which may need to be revisited as the Commonwealth aims to keep pace with its Global Warming Solutions Act greenhouse gas emissions limits.

Continue Reading Massachusetts Course Corrects on Offshore Wind Transmission

On June 4, 2020, the Massachusetts Attorney General filed a Petition which requested the Massachusetts Department of Public Utilities to open an investigation into the potential changes to support the Commonwealth’s legislatively mandated greenhouse gas (GHG) emission limit reductions (the Petition). The AG’s Petition follows a similar proceeding begun in March by the New York Public Service Commission. Collectively, these state actions highlight the challenges the states will encounter to meet the requirement of net-zero carbon emissions by 2050.
Continue Reading No Clear Path on the Transition to Net-Zero GHG Emissions

The State of New York has recently proposed revisions to its Regional Greenhouse Gas Initiative regulations. These revisions, among other changes, would expand the reach of the program to fossil-fuel-fired electricity generation units with a nameplate capacity equal to or greater than 15 megawatts.
Continue Reading New York Proposes Regional Greenhouse Gas Changes

Massachusetts has now doubled the size of its Solar Massachusetts Renewable Target (“SMART”) incentive program, along with new performance standards for the siting of these renewable generating resources. While these changes to the SMART program were adopted as emergency regulations—making them effective immediately—the Commonwealth will go through the notice and comment rulemaking process over the next few months to provide for continued input from stakeholders on the new regulations and associated guidance.
Continue Reading Massachusetts Doubles Size of “SMART” Solar Program

Today, April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued its anticipated interim guidance on impacts to operations at cleanup sites due to the COVID-19 pandemic.  The guidance memorandum, issued jointly by the heads of EPA’s Office of Land and Emergency Management (OLEM) and Office of Enforcement and Compliance Assurance (OECA) and directed to Regional EPA Administrators, focuses on adjusting response activities at cleanup sites under a number of EPA administered programs and emergency responses due to the COVID-19 situation and the myriad of state and local shelter-in-place and business curtailment orders.
Continue Reading EPA Cleanup Site Guidance Recognizes COVID-19 Challenges for Response Activities

Building on a host of renewable and alternative energy portfolio programs that have incrementally worked to decarbonize the electric sector, Massachusetts is poised to launch a Clean Energy Peak Standard (CPS) in the summer of 2020. The pivotal distinction between the CPS and other Massachusetts programs is that programs to date have incentivized renewable and alternative energy sources to simply “show-up,” while the CPS takes aim at incentivizing new and existing generation resources to “show-up at the right time” in order to further reduce greenhouse gas (GHG) emissions.
Continue Reading Massachusetts Races to Decarbonize the Peak