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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.

The ESA at 50

December 2023 marked 50 years since the Endangered Species Act (ESA) was signed into law. The ESA has proven resilient to numerous legal challenges and saved many species from extinction. But its overall success has been debated, as the list of endangered and threatened species continues to grow, and only 54 species have been taken off of the list completely. On October 26, 2023, the Environmental Law Institute hosted a panel of experts who explored the successes and shortcomings of the statute and discussed what might happen next as climate change increases the risk of extinction.

89 FR 4966

FWS initiated five-year status reviews under the ESA of 22 animal and plant species. 

89 FR 4884

FWS announced 90-day findings on petitions to list Betta hendra, Betta rutilans, Hickory Nut Gorge green salamander, pygmy rabbit, Railroad Valley toad, Southern Plains bumble bee, Southwest spring firefly, white-margined penstemon, and yellow-spotted woodland salamander, finding that listing may be warranted under the ESA. 

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.

89 FR 1125

FWS initiated five-year status reviews under the ESA for the Aleutian shield fern and the Alaska breeding population of Steller’s eider. 

89 FR 942

FWS initiated five-year status reviews under the ESA for five northeastern species. 

89 FR 804

FWS initiated five-year status reviews under the ESA for three plant and 13 animal species. 

89 FR 278

NMFS prohibited the retention and possession of oceanic whitetip sharks in U.S. waters of the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, and hammerhead sharks in U.S. waters of the Caribbean Sea.