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INITIAL BRIEF OF AMICI CURIAE GRID EXPERTS RIC O’CONNELL, BRENDAN PIERPONT, BENJAMIN F. HOBBS, JESSE JENKINS, BRENDAN KIRBY, KENNETH J. LUTZ, MICHAEL MILLIGAN, MICHAEL O’BOYLE, and MATTHEW SCHUERGER IN SUPPORT OF RESPONDENTS
The document contends that the U.S. power grid is already transitioning away from coal toward renewables, storage, and flexible natural gas due to market forces, and that the EPA's Rule aligns with these trends. It argues that modern resources like battery storage and flexible gas plants provide better operational reliability than aging coal plants. The brief asserts that the Rule provides sufficient time for resource procurement and includes flexibility mechanisms to protect the grid during periods of stress.
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Document type: Legal commentary
Monthly Attribution Overview - October 2024
In October 2024, 185 of 191 analyzed U.S. cities were warmer than normal, with 19 cities recording their hottest October on record. The Southwest experienced particularly high anomalies, and cities in California, Arizona, New Mexico, Texas, and Florida saw the highest frequency of days where temperatures were made at least three times more likely due to climate change.
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Document type: Report
Using Science and Organizing to Advance Public Health Policy
The Community Guide to Cumulative Impacts explains how to identify and quantify the combined effects of multiple pollutants and social stressors on public health. It details existing state and city laws in the US that allow regulators to deny permits based on cumulative impacts and provides a framework for community organizing, including drafting model legislation and using environmental justice mapping tools.
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Document type: Guide
Rural Utahns Want More Transportation Options Like Transit
The document highlights a significant disparity in Utah's transportation funding, noting that the state has spent 8.5 times more on highways than transit over the last 50 years. It emphasizes that over 800,000 people in rural Utah have no access to transit, creating barriers to healthcare, employment, and community participation, particularly for older adults, people with disabilities, and low-income residents. The report cites the Moab Area Transit pilot program as a successful model and notes that over 50 percent of rural Utahns support investments in statewide passenger rail and transit services to connect smaller towns to larger cities.
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Document type: Report
The Energy Infrastructure Reinvestment Opportunity: Accelerating the Transition of the Oil and Gas Sector
The document outlines how the Energy Infrastructure Reinvestment (EIR) program, part of the US Department of Energy's Title XVII authority, provides low-cost, long-tenor debt financing to help oil and gas companies repurpose ceased operations or reduce emissions from active infrastructure. It details specific transition opportunities across the upstream, midstream, and downstream value chains, such as lithium extraction from brine, enhanced geothermal systems, and the conversion of refineries to sustainable aviation fuel production. The brief emphasizes that the current high-interest rate environment makes this government financing particularly attractive, though the opportunity is time-constrained as loan authority currently expires in September 2026.
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Document type: Briefing
How we can make the most of SB24-212 and promising new renewable energy siting resources in Colorado
The Colorado Energy Siting Coalition outlines the necessity of expanding renewable energy to meet state climate goals and discusses how SB24-212 provides technical resources and guidance to overcome local siting and permitting barriers.
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Document type: Statement
Risky Summer Heat Added by Climate Change
Analysis by Climate Central indicates that June-August 2024 was the hottest season on record, with carbon pollution significantly increasing the frequency and intensity of risky heat days globally and in the U.S. Approximately 2 billion people worldwide experienced 30 or more risky heat days made at least three times more likely by climate change. In the U.S., the average person experienced 20 additional risky heat days, with the highest impacts concentrated in the South, Southeast, and Southwest, particularly in Florida and Puerto Rico.
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Document type: Briefing
Wildfire Risk to Homes, Roads, and Power Lines
Human-caused climate change is increasing the frequency and intensity of wildfires in the U.S., exposing millions of homes and hundreds of thousands of miles of roads and power lines to risk. Approximately one-third of U.S. homes and 116 million people are located in counties with high or very high wildfire risk, with the highest concentrations in Western states and Florida. Between 2000 and 2019, over 265,000 miles of roads and power lines in the contiguous U.S. were exposed to large fires. The risk is further amplified by the expansion of the wildland-urban interface, which grew by about 31% between 1990 and 2020.
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Document type: Fact sheet
Disenfranchised by Climate Change
The report examines the intersection of climate change and democratic processes, detailing how extreme heat, floods, and wildfires disrupt voter registration, polling access, and ballot counting. It provides evidence of recent climate-driven disruptions in the US, India, and Pakistan, and analyzes temperature anomalies in 60 countries during the 2024 election cycle. The authors advocate for systemic changes, such as flexible voting arrangements, improved risk mapping, and updated emergency statutes, to protect the fundamental right to vote on a warming planet.
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Document type: Report
Fighting Wildfires with Low-Carbon Buildings
The document examines the intersection of forest management and sustainable construction in Colorado. It highlights how a century of fire suppression and climate change have led to overstocked forests, increasing the risk of high-intensity wildfires. The authors propose scaling the production of mass timber—engineered wood products—using small-diameter trees harvested during thinning operations. This approach aims to offset the high cost of forest treatments, create local jobs, and reduce the embodied carbon of buildings compared to steel and concrete. The report concludes with a call for coordinated action from policymakers, developers, and insurers to establish a 'wood-first' procurement strategy and a state-level Mass Timber Action Plan.
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Document type: Report
Request for Input (RFI) on Fannie Mae and Freddie Mac (the “Enterprises”) Proposed 2025 -2027 Duty to Serve Plans (the “DTS Plans)
The Private Equity Stakeholder Project (PESP) argues that private equity firms are aggressively acquiring manufactured home parks in the U.S., utilizing a business model that increases rents and fees to maximize profits at the expense of vulnerable, low-income residents. PESP highlights that Fannie Mae and Freddie Mac have financed 49% of private equity-owned parks identified in their tracker, despite financing only 9% of all U.S. manufactured home parks. The document details numerous instances of poor living conditions, rent hikes, and predatory practices by firms such as Carlyle Group, Blackstone, and Havenpark. PESP supports the Enterprises' 2025-2027 Duty to Serve Plans, particularly objectives that promote resident-owned communities, tenant lease protections, and affordability restrictions.
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Document type: Statement
Equitable Ballot Design and Voter Education Materials
The report argues that poor ballot design and inaccessible education materials lead to higher rates of uncounted votes, particularly among marginalized populations. It provides specific guidelines for election officials to reduce overvotes and undervotes through better layout, plain language, and accessibility features for voters with limited English proficiency and disabilities.
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Document type: Report
Rising Heat Risks for Workers
Climate Central reports that 89% of 242 analyzed U.S. locations have seen an increase in annual 'warning days' (heat index 80°F to 94°F) since 1979, with the most significant rises in the Ohio Valley and Upper Midwest. Between 1992 and 2022, 986 U.S. workers died from heat exposure, and from 1980 to 2016, an average of 421 million work hours were lost annually, costing $14 billion. The document highlights a lack of comprehensive federal heat standards, noting that only five states have such protections, while some states like Florida and Texas prohibit local municipalities from enacting their own heat safety laws.
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Document type: Fact sheet
The Climate Crisis Domino Effect
The report examines how the increasing frequency and severity of climate-driven disasters lead insurance companies to raise premiums or withdraw coverage, particularly in high-risk areas of the US. This process creates a 'domino effect' where the lack of affordable insurance makes homes unmortgageable, reduces property values, and increases homelessness. The authors highlight a cycle where insurers profit from these increases and reinvest in fossil fuels, further exacerbating the climate crisis. The document warns that widespread mortgage defaults and the devaluation of lender security could lead to a systemic financial crisis with global implications.
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Document type: Research paper
Monthly Attribution Overview - June 2024
The report finds that June 2024 was historically hot across the United States, with climate change making temperatures 2.3 times more likely on average. The Southwest experienced the most extreme anomalies, with Nevada's temperatures being 8.2 times more likely due to climate change and the region seeing an average of 4.2 additional days above 90°F. Analysis of 191 ACIS stations showed that 12 experienced their hottest Junes on record, and 168 stations had at least one day where temperatures were at least twice as likely due to climate change.
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Document type: Report
Evidence Shows Three Pillars Remain Crucial for 45V Hydrogen Tax Credit to Protect Climate, Consumers, Industry
The research note advocates for "strong 45V rules" based on three pillars: incremental, deliverable, and hourly-matched clean electricity. The author contends that weakening these rules would allow dirty hydrogen production to qualify for subsidies, potentially increasing net CO2 emissions by 100-200 MMT per year and raising wholesale electricity prices by 10%. Conversely, strong rules are presented as a way to drive domestic manufacturing of flexible electrolyzers, align U.S. standards with the European Union, and ensure the long-term viability of the hydrogen industry beyond the tax credit's expiration.
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Document type: Research paper
CLEAN ENERGY ISN’T DRIVING POWER PRICE SPIKES
The report finds that U.S. residential electricity rates have generally kept pace with economy-wide inflation since 2010, and that states with high clean energy growth often see rates rise slower than inflation. Instead, the report identifies natural gas price volatility, wildfire mitigation and liability costs, aging coal plant investments, and rising transmission and distribution costs as the primary drivers of rate spikes. It further argues that the regulated utility business model incentivizes capital-heavy investments over more cost-effective operational solutions, which compounds these costs for consumers.
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Document type: Report
The Nuts and Bolts of Performance-Based Regulation
The document argues that traditional cost-of-service regulation (COSR) creates perverse incentives—such as 'gold plating' and 'capex bias'—that hinder the affordable deployment of clean energy and demand-side management. It proposes a transition toward Performance-Based Regulation (PBR), which compensates utilities based on target outcomes rather than costs. The guide details a 'Four Pillars Model' for comprehensive PBR: incentivizing cost-efficiency, removing the throughput incentive, equalizing capex and opex incentives, and incentivizing targeted outcomes. Key tools discussed include revenue decoupling, multi-year rate plans (MYRPs), and performance incentive mechanisms (PIMs). The text contrasts incremental PBR, which layers tools onto COSR, with comprehensive PBR, which fundamentally restructures the regulatory framework, citing Hawaii's 2020 framework as a comprehensive example.
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Document type: Guide
Fueling Up Sustainable Aviation
The Rocky Mountain region (Colorado, New Mexico, Utah, and Wyoming) possesses the feedstocks, industrial infrastructure, and legislative support necessary to develop a sustainable aviation fuel (SAF) industry, yet it currently lacks substantial production. This roadmap examines regional feedstock availability and policy mechanisms to align the region with the US SAF Grand Challenge and outlines actions for short-, medium-, and long-term SAF development.
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Document type: Report
Climate Shift Index Alert
The Southwest United States experienced an extreme heat event from June 6 to June 13, 2024, with human-caused climate change making high temperatures at least five times more likely. The event caused record-setting temperatures in cities like Phoenix and Las Vegas, led to numerous hospitalizations for heat exhaustion, and contributed to wildfires in California.
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Document type: Fact sheet