Supreme Court Reconvenes for a New Term With Several Environmental Cases Ahead
Update provided by Meguire Whitney
On Oct. 7, the Supreme Court reconvened for its new term with several environmental cases on the docket. The court will address cases focused on water permitting under the Clean Water Act, the scope of National Environmental Policy Act reviews, and federal regulators’ authority to authorize temporary nuclear waste storage sites.
In an order issued Oct. 4, the Supreme Court declined to hear cases targeting the Environmental Protection Agency’s methane and mercury and air toxics rules this term. Republican-led states and industry groups brought challenges to the rules, saying the rules’ benefits did not justify their costs. They also said the rules threaten U.S. power supply and exceed EPA’s regulatory authority. The order, issued through the Supreme Court’s emergency docket, leaves the EPA rules in place while the U.S. Court of Appeals for the District of Columbia Circuit considers challenges against the rules. The D.C. Circuit previously declined to stop the regulations.
Several other requests for hearings before the Supreme Court are still pending, including cases concerning court deference to the Federal Energy Regulatory Commission, climate liability, and California’s waiver for tailpipe emissions.
DOE Announces Funding Opportunity for Energy Improvements in Rural and Remote Areas
Update provided by Meguire Whitney
On Oct. 3, the Department of Energy’s Office of Clean Energy Demonstrations announced a $400 million funding opportunity for the Energy Improvements in Rural and Remote Areas (ERA) program.
This funding will go toward projects in rural and remote communities aimed at spurring innovative, community-focused clean energy solutions. The Bipartisan Infrastructure Law authorized $1 billion for the ERA program and the Office of Clean Energy Demonstrations awarded more than $375 million to ERA projects this spring.
The funding opportunity includes six eligible activities for grant funding: improving the overall cost-effectiveness of energy systems, siting or upgrading transmission and distribution lines, reducing greenhouse gas emissions from energy generation, providing or modernizing electric facilities, developing microgrids, and increasing energy efficiency. Applicants may include any commercially available technology in performing those activities. The Office of Clean Energy Demonstrations plans to fund 20-50 projects with a 5% to 50% minimum non-federal cost share per project. Applicants must submit concept papers by Feb. 27, 2025, and full applications are due by Aug. 28, 2025.
Hurricane Milton Likely to Exacerbate FEMA Funding Shortages
Update provided by Meguire Whitney
Federal disaster programs face financial instability amid a series of natural disasters. Hurricane Milton made landfall barely two weeks after Hurricane Helene devastated much of the Southeastern U.S. The Federal Emergency Management Agency was already facing a tight budget, and while Congress’ short-term continuing resolution provided some funds, it did not include additional funding for federal disaster programs. With these back-to-back disasters, FEMA’s disaster fund, the Small Business Administration’s disaster loan program, and FEMA’s flood insurance program all could be within weeks of running out of funds.
Concerns have been growing, with more than two dozen lawmakers calling for Congress to return from its preelection recess to approve supplemental disaster aid funding. However, Speaker Mike Johnson (R-La.) has maintained that Congress will not return early from recess. Although he stated Congress will need to act on the issue, he indicated that Congress would wait until FEMA and states produced final cost estimates. Two Senate Democratic aides similarly said they expect Congress to wait for estimates and include supplemental disaster funding in an end-of-year spending package.
DOE Awards Contracts to Bolster Domestic Uranium Supply for U.S. Nuclear Expansion
Update provided by Meguire Whitney
On Oct. 9, the Department of Energy announced six contracts have been awarded to companies to support a domestic supply of high-assay low-enriched uranium (HALEU).
The contracts allow awardees to bid on HALEU deconversion work, which is a key piece of the fuel supply chain for many advanced reactor models seeking design certifications in the U.S. President Joe Biden has called for a tripling of U.S. nuclear power capacity to support load growth from artificial intelligence and data centers, which includes support for advanced nuclear and recent efforts to restart decommissioned nuclear power reactors. Two such projects—the planned recommissioning of the Palisades nuclear plant and the potential restart of a unit at the Three Mile Island plant—are already underway.
Rep. Grijalva Urges Opposition to Permitting Reform Legislation
Update provided by Meguire Whitney
On Oct. 8, House Natural Resources Committee Ranking Member Raúl Grijalva (D-Ariz.) circulated a letter urging his colleagues to oppose permitting reform legislation being championed by Sens. Joe Manchin (I-W.Va.) and John Barrasso (R-Wyo.).
Several Democrats already indicated support for the bill, which would expedite energy development and transmission projects that would help bring renewable energy resources onto the electrical grid. Grijalva’s letter expresses concerns that the Manchin-Barrasso bill gives handouts to the fossil fuel industry and that it shortchanges existing laws and judicial processes that help protect against environmentally harmful projects. Grijalva acknowledged the transmission elements of the legislation but pointed to the current administration’s efforts to expedite permitting for projects, including approving many renewable energy projects on federal lands.
Natural Resources Committee Chairman Bruce Westerman (R-Ark.) also sponsored permitting reform legislation. Westerman, Manchin, and Barrasso are expected to make a strong push to finalize a permitting reform deal before Congress adjourns at the end of the year.