NEW YORK - State environmental watchdogs are crying foul over Governor Andrew Cuomo's decision to pull $41 million from the state's cap-and-trade program, and placing it in the general fund.

Environmental Advocates of New York says money from the Regional Greenhouse Gas Initiative (RGGI) is supposed to pay for pollution reduction projects. They claim Cuomo is planning to use more than a quarter of the money to fund other work, such as tax relief.

Peter Iwanowicz, the organization's director, says the move could give ammunition to industry associations that oppose the program.

"By raiding the funds, the governor and the Legislature are inviting yet another legal challenge to the RGGI program," he says. "The big concern we have is the governor's climate raid could lead to successful litigation that could throw the whole program out."

The RGGI program took in about $150 million in 2014, and Cuomo's budget for this year would use some of the money to pay for energy tax credits, among other measures. Cuomo's office has defended it as a legitimate use of the funds.

In 2011, the conservative group Americans For Prosperity went to court to try to bar New York from adopting the RGGI program, calling it an illegal cap-and-trade tax. A judge dismissed the suit, but Iwanowicz says Cuomo's budget makes the program vulnerable again.

"When you take a big chunk of the RGGI proceeds and move them into the general fund, those groups are likely to challenge it and challenge it on the grounds that it is an unauthorized tax," says Iwanowicz. "The Legislature is the only one that can approve the collection of proceeds, and this budget language doesn't do that."

Nine states in the Northeast participate in RGGI, which limits carbon emissions and requires power plants to pay for pollution that goes beyond those limits. It took effect in 2008, and has generated more than $700 million in climate change funds in New York.


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Indiana now classifies natural gas and propane as clean energy under a new state law.

Gov. Mike Braun signed Senate Bill 178, granting the fuels eligibility for tax credits and other incentives.

Sam Carpenter, executive director of the nonprofit Hoosier Environmental Council, opposed the measure, arguing the fuels significantly contribute to climate pollution.

"Methane is around 38 times more potent as a greenhouse gas," Carpenter pointed out. "What happens is there's a lot of leakage that happens in the drilling, in the extraction, the storage, the transportation, even the burning of methane."

Proponents of the bill argued it supports an "all of the above" approach to reduce energy costs for Hoosiers.

Carpenter cautioned investing in natural gas infrastructure could backfire. He noted the high costs and slow pace of building pipelines and transmission systems. He also emphasized Indiana's energy landscape is already shifting.

"Ninety percent of new generation coming online is renewable," Carpenter stressed. "It's wind, and it's solar, and it's battery storage, and that's really based on price, and it's based on the competitive factor, and it's based on timeliness."

Carpenter suggested the measure will likely have minimal immediate impact unless federal policies change. The bill passed with bipartisan support in the General Assembly.


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Lawmakers in the U.S. House will vote on a bill this week affecting Virginia's ability to create stronger emissions standards for vehicles and trucks.

The bill targets "California emissions standards," policies which call for 100% of cars sold to be electric or emissions-free by 2035. That policy has been partially or fully adopted by Virginia and 16 other states.

President Donald Trump signed an executive order on his first day in office to repeal the standards, leading to the legislative effort.

Rob Sargent, program director of Coltura, an energy transition nonprofit, said the federal government should be increasing access to electric vehicles instead of going against policies that promote them.

"EV tax credits and any programs designed to make EVs available to the American people are key," he said, "and can unlock decades of savings for people for what has been a strain on their household finances."

A report by the independent Government Accountability Office stated that Congress does not have the authority to repeal the emissions standards. Supporters of the bill have said banning gas cars is an affront to consumer freedom.

More than a half million Virginians are considered "gas super users," meaning they use significantly more gasoline than the average driver.

Sargent said repealing strong emissions standards would make it harder for states to reduce their carbon footprint.

"If Congress acts to pull the rug out from under those states' ability to take action to make cars cleaner in their state," he said, "then it also will undercut the availability of electric vehicles for consumers that would save them money."

The Senate is considering a similar bill despite opposition from within the Legislature.


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This week, the Trump administration announced what it terms "emergency permitting" for energy projects, streamlining a sometimes yearslong process down to 28 days. Opponents said it will mean time in court.

The U.S. Interior Department plans to alter the National Environmental Policy Act, Endangered Species Act and National Historic Preservation Act so projects around oil, gas, coal, minerals and more can proceed without the agency approvals the laws require. The department said it's part of President Donald Trump's January "National Energy Emergency" declaration.

Erik Molvar, executive director of the Western Watersheds Project, said there is no such emergency.

"The idea that there's some kind of 'national energy emergency' is a lie that the Trump administration is making up to justify an extralegal approach to approving energy projects and skipping past the environmental safeguards that Congress put in place," Molvar contended.

He argued the move risks historic sites, wildlife habitat and recreation opportunities on Montana's 30 million acres of public land. Molvar added he expects energy projects brought under the new, streamlined permitting will be overturned in court.

The announcement comes just one day after the Interior Department's draft strategic plan for the next four years was leaked. A "big idea" cited in the draft is to, quote, "release federal holdings to allow state and local communities to reduce costs," and in parentheses, "housing." Molvar stressed it would essentially put federal responsibilities in the hands of smaller entities.

"These state and local governments have a distinct tendency -- particularly in conservative parts of the rural West -- to want to maximize industrial development, maximize local communities' abilities to line their own pockets, with really little consideration to the long-term health of the land," Molvar emphasized.

Strategic goals listed in the plan include to "restore American prosperity" and "ensure national security through infrastructure and innovation."


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