BREAKING – FERC SLATE CONFIRMED: The Senate has confirmed three nominees to the Federal Energy Regulatory Commission, ensuring that Democrats will maintain their majority and that President Joe Biden’s influence on the key regulatory agency will last regardless of November’s election results.
The upper chamber voted Thursday 63-33 to confirm Democrat Judy Chang, the former undersecretary of Energy and Climate Solutions for Massachusetts. It had voted Wednesday to approve two other nominees, Democrat David Rosner and Republican Lindsey See.
The five-member commission regulates the transmission of electricity across the U.S. and natural gas pipelines, and a Democratic majority could work to favor renewable energy. The slate of new commissioners ensures a Democratic working majority until at least June 2026. One of the current commissioners, Allison Clements, is not seeking another term – and her current term expires at the end of June. Read more from Nancy here.
Welcome to Daily on Energy, written by Washington Examiner Energy and Environment writer Nancy Vu (@NancyVu99), with help from policy editor Joseph Lawler. Email nancy.vu@washingtonexaminer dot com for tips, suggestions, calendar items, and anything else. If a friend sent this to you and you’d like to sign up, click here. If signing up doesn’t work, shoot us an email, and we’ll add you to our list.
INDUSTRY SUES EPA OVER TAILPIPE EMISSIONS RULE: Three coalitions of industry groups filed multiple lawsuits Thursday against the Environmental Protection Agency over its tailpipe emission standards — joining the mounting legal challenges to the strictest federal climate regulation for passenger cars and trucks.
The lawsuits challenge the EPA’s finalized rule requiring stricter emission standards for light- and medium-duty vehicles with model years between 2027-2032. Three separate lawsuits were filed in the U.S. Court of Appeals for the District of Columbia Circuit led by the American Petroleum Institute, the American Fuel and Petrochemical Manufacturers, and a coalition of biofuel producers. The groups are filing on behalf of 30 petitioners, encompassing U.S. energy producers and marketers, consumer groups, agricultural organizations, and auto dealers.
The rule, finalized in March, aims to cut fleetwide tailpipe emissions for cars and light-duty trucks by nearly 50% compared to existing standards for model year 2026 vehicles and 44% for medium-duty vehicles. The rule is also expected to cut greenhouse gas emissions by 7.2 billion tons through 2055.
The court filings argue the regulation exceeds EPA’s statutory authority and is arbitrary. The lawsuits are expected to address core legal issues, including the major questions doctrine, which says Congress should be the body to enact actions with significant economic or political effects. Forthcoming legal briefs are also expected to argue that it’s unlawful for the EPA to set averages to regulate internal combustion engine tailpipe emissions. The trade groups contend imposing a fleetwide average, rather than specific standards that cars and trucks must meet individually, would impose a national electric vehicle mandate. Read more from Nancy here.
RECA ADVOCATES HEAD TO THE SENATE: Advocates for the reauthorization and expansion of the Radiation Exposure Compensation Act headed to the upper chamber yesterday in an attempt to confront Speaker Mike Johnson over the program’s lapse. Questions remain on the status of RECA negotiations – and whether an expansion of the program will pass the lower chamber.
The House Speaker headed to the Senate yesterday to join Republicans in their weekly lunches. Before then, Sen. Josh Hawley, the leading voice to expand RECA, stood with advocates outside the Lyndon Baines Johnson room as the speaker headed into the meeting. However, it didn’t look like Johnson said anything to them.
“Speaker Johnson, after promising these survivors that he would meet with them, he has not met with them,” Hawley told a group of reporters. “He has not told them what his plan is, he has not addressed the failure of the House to renew and reauthorize RECA. They want to know, and I want to know what he’s going to do.”
According to Hawley, nothing about RECA was mentioned during the lunches.
Just a reminder: The program expired last week following inaction from the House to pass either an expansion or extension. Missouri Rep. Ann Wagner and Johnson are still in talks to negotiate Hawley’s bill – with the idea of setting a cap on the total cost of the program on the table. In this scenario, the program would pay out claims until the cap was hit, at which point additional funding would have to be requested from Congress. However, the proposal is not formal and there is no firm dollar value associated with it. Read more on that from David here.
CLIMATE PROTESTS OF NOTE: Climate activists protested at Citigroup headquarters in New York City this morning for a third day. On X, they posted that 150-plus elderly people blockaded the entrance to the building as the workday began.
The groups have targeted Citigroup because, they say, it is the largest funder of fossil fuel projects. Citigroup didn’t immediately say whether work had been disrupted.
ICYMI: Eight climate activists stormed the field last night at the Congressional Baseball Game. They were almost immediately tackled by U.S. Capitol Police and security, our Elaine Mallon reports. The group Climate Defiance took credit and said the protest was motivated by the fact that Chevron sponsored the game and Congress has subsidized fossil fuels.
TRUMP BACKS BITCOIN AS ENERGY SECURITY MEASURE: Former President Donald Trump backed bitcoin mining as an energy security measure in a meeting with key figures from the industry at Mar-a-Lago, CNBC said in a lengthy report today.
The report adds context to Trump’s post on Truth Social late Tuesday evening proclaiming that “We want all the remaining Bitcoin to be MADE IN THE USA!!! It will help us be ENERGY DOMINANT!!”
One industry figure at the event, Amanda Fabiano, said that Trump was interested in learning about the incentive that bitcoin creates for building infrastructure for otherwise stranded renewable energy resources.
Bitcoin mining uses tremendous amounts of energy. For that reason, it has come under scrutiny from liberals like Sen. Elizabeth Warren. But some in the industry have argued that mining can help balance out the energy grid. For instance, the industry and Sen. Ted Cruz maintain that miners benefit the Texas grid by keeping demand from falling too low and then curtailing their activities during times of high demand.
CONGESTION PRICING ADVOCATES PLOT LAWSUIT TO REVERSE HOCHUL’S PAUSE: New York City Comptroller Brad Lander said yesterday that he has assembled a coalition of interested parties to file a lawsuit to reverse Gov. Kathy Hochul’s last-minute cancellation of the city’s congestion pricing scheme.
In a press release, Lander indicated a range of people who might have standing for a suit, including disabled people (who will lose out on new transit funding), residents of the central business district, and MTA officials and bondholders. He also referenced which statutes Hochul might have violated, including the state’s climate laws.
Key quote: “The eleventh-hour delay in implementation of congestion pricing is already disrupting plans for public transit improvements that would benefit millions of New Yorkers,” said Eric Goldstein, a senior attorney and New York City Environment Director for the Natural Resources Defense Council. “The replacement of ancient subway signals, investments in accessible stations, modernization and safety undertakings, and purchasing electric bus fleets are among the projects already being shelved.”
RUNDOWN
E&E News ‘You are evil,’ Republican barks at climate-conscious investors
Reuters OPEC sees no peak oil demand long term, secretary general says
Bloomberg Climate Dealmakers Brace for China Showdown Over Money at COP29
