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Accelerating Clean Energy: A Road Map for Regulatory Reform

This Article analyzes domestic hurdles to renewable energy development, and explores effective regulatory strategies at both the national and state levels to overcome barriers to clean energy transition. Projections indicate that the United States will need to triple its transmission grid capacity by 2050 to achieve decarbonization at the scale promised under the Paris Agreement. The transition faces major obstacles in permitting and siting, with limited transmission access and complex processes effectively obstructing the transition.

89 FR 3922

EPA entered into a proposed settlement agreement under RCRA and CERCLA with St. Croix Petrochemical Corporation (SCPC), under which SCPC would transfer its remaining assets of approximately $1.7 million to help fund remediation of contamination caused by SCPC’s former Hovensa refinery in St. Croix, U.S. Virgin Islands. 

89 FR 2983

United States v. Ohio Refining Co., No. 3:24-cv-00039 (N.D. Ohio Jan. 8, 2024). Under five proposed consent decrees, settling CERCLA, CWA, and OPA defendants that released hazardous substances and oil at the Duck & Otter Creeks NRDA Site near Toledo, Ohio, must collectively pay $7,225,909 in natural resource damages (NRD) and $903,239 as reimbursement for NRD assessment costs incurred by DOI.

89 FR 2603

DOE gave notice that the Environmental Management Advisory Board will be renewed for a two-year period beginning January 12, 2024.

89 FR 909

DOE announced the availability of final guidance setting forth the nonbinding process that the agency plans to generally follow to designate National Interest Electric Transmission Corridors pursuant to the Federal Power Act.

88 FR 86383

In re: Mallinckrodt PLC, No. 20-12522 (D. Del. Dec. 4, 2023). A proposed settlement agreement grants the United States an allowed unsecured claim against a settling CERCLA defendant on behalf of DOI in the amount of $56,880,784, and for EPA in the amount of $499,216, for past costs and future liability as a potential liable party at the Sangamo Electric Dump/Crab Orchard National Wildlife Refuge Site. 

88 FR 86383

United States v. TCI Pacific Communications LLC, No. 23-4218 (C.D. Ill. Dec. 5, 2023). Under a proposed consent decree, a settling CERCLA defendant must pay a total of $368,831.16 in EPA’s response costs and perform remedial work with respect to Operable Unit 4 of the DePue/New Jersey Zinc/Mobil Chemical Corp. Superfund Site in DePue, Illinois. 

88 FR 86382

United States v. Wyeth Holdings LLC, No. 2:23-cv-22922 (D.N.J. Dec. 6, 2023). Under a proposed consent decree, a settling CERCLA defendant that allegedly released hazardous substances at or from the American Cyanamid Superfund Site in Somerset County, New Jersey, causing injury to floodplains, riparian areas, and wetlands adjacent to the site and the biota supported by these habitats, must undertake and fund the “Duke Farms Forested Floodplain Restoration Project,” which will restore 112 areas of former farmland located upstream of the site on the Raritan River to a natural habitat, as well as pay for assessment and oversight costs.

Agrivoltaics as a Lifeline for Rural Farmers and California's Renewable Energy Goals

Agrivoltaics, the concept of using solar energy systems to enhance agricultural production and generate renewable energy on the same plot of land, offers a lifeline to beleaguered farmers and  communities facing water shortages, cost increases, and marginal agricultural profitability. This concept seeks to aid California in its ambitious renewables portfolio standard, and could reduce the impacts of climate change and the toll agricultural operations take on the San Joaquin Valley’s groundwater resources.