[MCN] What is a state's authority to regulate greenhouse gases?

[Lance Olsen]

Constitutional Limits to Greenhouse Gas Regulation: 8th Circuit 
Relies on the Dormant Commerce Clause to Reject Minnesota's GHG 
Limits on Imported Power
by Alyssa A. Moir, Gabrielle Thompson, Ankur Tohan  | K&L Gates LLP
http://www.jdsupra.com/legalnews/constitutional-limits-to-greenhouse-gas-88606/
7/22/2016

Two opening paragraphs

Many states have enacted their own laws to regulate greenhouse gas 
("GHG") emission reductions.  Although the specific requirements of 
each state law differ, many of the laws incentivize the use of 
renewable energy and discourage, or even prohibit, the use of 
non-renewable energy. 

As these laws have been passed, several state-imposed renewable 
energy standards have been challenged on the ground that they 
impermissibly limit interstate commerce.  These legal challenges, 
which raise complicated issues of federalism, have had mixed results. 
Nonetheless, these cases ask a question that is becoming increasingly 
pressing: what are the limitations on a state's authority to regulate 
GHGs?

Two closing paragraphs

These cases demonstrate that the contours of a state's authority to 
regulate GHG emissions is still uncertain.  The lead opinion in 
Heydinger indicates that a dormant Commerce Clause argument may 
prevail in certain circumstances.  And the concurring opinions in 
Heydinger signal that other arguments may prove successful in 
challenges to state emissions regulations.  However, the decisions in 
Rocky Mountain and EELI demonstrate that a Commerce Clause challenge 
to a state emissions law will not always be successful.   Until the 
Supreme Court weighs in, it is uncertain whether, or to what extent, 
Commerce Clause challenges to state emissions regulations will be 
viable.

Moreover, the issue of state authority to regulate emissions may be 
further complicated if the U.S. Environmental Protection Agency's 
Clean Power Plan ("CPP") rule is implemented.  The CPP, which is 
currently under judicial review at the D.C. Circuit, will require 
states to meet certain emission standards based on the individual 
states' emission profiles.[36]  It is unclear at this point whether 
the CPP would preempt states' existing renewable energy standards, or 
whether Commerce Clause challenges would remain viable if renewable 
energy standards are allowed under the CPP.

http://www.jdsupra.com/legalnews/constitutional-limits-to-greenhouse-gas-88606/

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NASA chief climate scientist Gavin Schmidt said the first six months 
of the year were not just the warmest on record, by far, but 2.3 
degrees warmer (1.3 degrees Celsius) than the last two decades of the 
19th century. But more importantly, he said 2016 so far is about 2.7 
degrees warmer (1.5 degrees Celsius) than pre-industrial times.

That 1.5 degrees Celsius mark is key. A December 2015 international 
pact to control global warming set a goal of avoiding 1.5 degrees 
Celsius warming above pre-industrial levels. And the agreement says 
if Earth can't limit global warming to 1.5 degrees, at least it 
should limit it to 2 degrees (3.6 degrees Fahrenheit) above 
pre-industrial levels.

Because El Nino is a factor - Schmidt figured about 40 percent of the 
reason 2016 is hotter than 2015 is due to El Nino - 2017 will likely 
be a bit cooler than 2016. When scientists look at long-term warming 
since pre-industrial times they don't look at one year, but it's 
still a pretty noticeable threshold, Schmidt said.

http://bigstory.ap.org/article/7261762e14844abdbc8fc10a2a5d6886/el-nino-gone-earths-record-heat-sticking-around?ftcamp=crm/email//nbe/energysource/product




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