Having attended several of these energy lectures when I was on campus. I realized that The lectures tend toward the technical side of the energy equation. So I'm mildly apologetic that you have to listen to a lawyer today. But only mildly apologetic because the reality is that the technology is not retarding the transition to clean energy. The law is I think it's important for everybody to understand that. And from my point of view to do what they can to push for change. All of you know that zero carbon energy, including when solar geothermal hydro and nuclear is being deployed now. And particularly for wind and solar are prime for rapid expansion. You also know that it and storage options can make the grid far more efficient. The distributed two way energy and micro grids open up new possibilities. And with continued advances in technology that are happening at Stanford and elsewhere, we can get to a low carbon and even a zero carbon economy. But we need to face the fact that our system of laws and the governance structures that we have created are getting in the way. And that's what I'm going to be focusing on today. I want to say a quick, quick word about the state impact center at NYU. As John mentioned, we work with state attorneys general on clean energy climate and environmental matters. We did a special report in December. The chronicle the 300 actions that ages have been taking in this area in the last three years. And you'll notice the the bottom bar, the black bar is on climate change than a probably the major focus of activity, but also clean energy and energy efficiency, a major focus as well. So in terms of my talk today, I'm going to organize it around three central legal questions. The first being our US environmental laws reducing greenhouse gas emissions from fossil fuels and thereby encouraging clean energy alternatives. Secondly, our US energy laws paving the way toward a clean energy future. Third, our state based clean energy and environmental laws speeding the clean energy transition. So now for a little peek ahead at my conclusions. It's not, it's not a good news story here as implemented. The US environmental laws are not reducing greenhouse gas emissions from fossil fuels and encouraging clean energy alternatives. And as implemented US energy laws are doing little to advance clean energy. More happily, state based clean energy and environmental laws are speeding the clean energy transition despite federal resistance. So imagine if Well, perhaps not a particularly uplifting start, but stay with me. It's an important journey. Journey. So I'm going to move to that first question about the US environmental laws and what they're doing or not doing The two major US environmental laws that deal with with greenhouse gas emissions are the Clean Air Act, which directly regulates them and the National Environmental Policy Act. Which requires the evaluation of greenhouse gas emissions in connection with proposed projects. What we're going to find here in the next few minutes is that these are capable laws, but not when not when in unfriendly hands. All you need to know about the Clean Air Act and greenhouse gases is that this is a recent phenomenon that the Clean Air Act regulates them. The door was opened by the Supreme Court in 2007 when it concluded that the definition of air pollutants into the Clean Air Act is broad enough to encompass greenhouse gases. Which of course back in the 70s when the Clean Air Act got going was was not considered by anybody as a pollutant. That opened the door to the next step, which was the endangerment finding the Clean Air Act requires that once you have an air pollutant. The administrator of EPA in this case Lisa Jackson in 2009 has to determine if those pollutants may pose a danger to public health and welfare. She concluded that six greenhouse gases do and that triggered the the requirement to regulate greenhouse gases under the Clean Air Act. That's 2009. So the Obama administration, what are they looking at? How are they going to get started? Well, they're going to look at a pie chart like this. That shows we have massive emissions from the electricity sector, massive emissions from the transportation sector, very large emissions from industry. So, not surprisingly, their initial targets were in all of those sectors. First, the auto sector, cars and light trucks, a big portion of the whole transportation set of emissions. Next, the power sector, the gas fired and coal fired power plants in particular and out of the industrial sector, the oil and gas methane emissions, which are a very important slice of emissions, as I'll talk about more. When you look at these sub parts of those big emissions sectors, this is what the Obama administration was taking on. Very significant in that they took on almost half of the US greenhouse gas emissions in their first foray into regulating those emissions under the Clean Air Act. The power sector, again, is essentially all of the power sector. The auto sector is, which is cars and light trucks, a major portion of transportation. The oil and gas sector is a smaller slice of the industrial sector, which is a particularly difficult sector to embrace and deal with. But it is a discrete and very important source of very powerful methane emissions. So it was a worthy target. So let me give you a preview of what we're going to spend the next five or 10 minutes on, which is the story of what happened with the Obama administration and now with the Trump administration, with regard to these three sectors of emissions and potential emissions reductions. Essentially, the Obama administration put its hand on the dial, the greenhouse gas dial, for these three sectors and turned it back, reducing emissions in each sector, not surprisingly. The Trump administration came in and put his hand on the same dial and turned it in the opposite direction, increasing the greenhouse gas emissions in each sector, and I'll show you how they did that. Now the state attorneys general are challenging these rollbacks in the courts and they think they will prevail, but this is not how the Clean Air Act is supposed to work. In the meantime, the climate clock is ticking and the transition to clean energy certainly has been slowed. But let's go through it and get a little more flavor for that, because it's part of my thesis that the US environmental laws are not working to speed the clean energy transition. So first up was the auto sector. President Obama pushed out the car rule in 2012. This is for automobiles and light trucks with a major fuel economy increase over a long period of time, from model years 2017 to 2025, with approximately 5% year over year increases in fleet fuel economy standards, leading to an expectation of getting to about 54 miles per gallon under the corporate average fuel economy standards by 2025. It was a unique opportunity to do it, because the auto industry had just come out of the recession, had been bailed out by the government. They were able to cut a deal with the EPA, with the Department of Transportation, with the auto industry, and with the state of California. First time ever greenhouse gases were part of that mix. Obama also approved a waiver for California's program, which involved greenhouse gases and zero emission vehicles. No surprise there, because California has rights to impose standards that are stronger than the federal standards under the Clean Air Act. And importantly, other states are able to take advantage of that waiver if they will impose the exact same requirements that California did. And 14 states have done that, so that in fact right now, under the Obama car rule, or at least until two weeks ago, I should say, about 40% of the cars in the United States were subject to the higher standards of the California waiver. What did Trump do on this? He split the rollback in two, and last September revoked the California waiver. That's gone until the court's rule. Litigation's already started, and then on March 30, two weeks ago he issued a final rule that scaled back very substantially the fuel economy greenhouse gas reductions for the period from 2021 to 2026. Instead of 5% per year improvement is back down to 1.5%. And here's the implication of that. An astounding increase over the then current law of 1.5 billion metric tons more CO2 by 2040 by virtue of the scale back of the emission standards that were in place. You can see from the slide it's equivalent to 1.5 billion, it's equivalent to 63 coal fired power plants operating for five years. Tremendous health effects, adverse health effects from the regular combustion products of the tailpipes and tremendous negative economic impacts because drivers will have to spend more money on gas. Now we move to the power sector, the second major sector regulated by, picked for regulation by the president. Many of you know about the Clean Power Plan. Much Valley Hewed final rule published in 2015, August 2015, and the approach that the Obama administration took was to identify statewide carbon dioxide reductions that should be put in place, essentially a cap that would be working down from the status quo, and then give states the flexibility to do whatever they wanted to do in terms of compliance. They could bring in more clean energy, for example, they could decide which of the plants they wanted to retire, which they didn't. A lot of flexibility there, very similar to the structure that the Clean Air Act works in other, in the, in the next program and other programs where EPA identifies the target and the states come up with their plans to meet it. The Trump administration has taken a very different approach. Their replacement rule was published last June. Their view is the Clean Air Act can only be imposed on a source by source basis. It cannot look across the sector and allow the kind of flexibility that the Clean Power Plan adopted in its plan. And that is a practical matter. Leads very few options for controlling greenhouse gas emissions from coal plants, because if you're just looking at what you can do within the fence line, you basically have two options. One potentially would be to do carbon capture and storage. But that's too expensive an EPA's view and too unproven. The only other thing you can do is monkey around with the heat and the combust to try to maximize the combustion of the coal, get get some incremental improvements and incremental reductions in greenhouse gases and guess what's that that's what the rule does. At the same time, folks have looked at the rules say what this is actually going to do is enable some of these plants to stay online longer. So the net is going to be an increase in in emissions from the coal sector. So this is the big illegal issue that's going to play out in the next few years. Who's right. Is it the Trump administration that a Clean Air Act is limited to inside the fence landfixes or is it the Obama view that that that is based on this language in the act, which says that the standard of performance required under section 111 is the standard for emissions of air pollution. The standard for air pollutants achievable through the application of the best system of emissions reduction. That sounds a lot like what the Obama administration did. The stakes on this are enormous, not only because the dials been turned the wrong way and emissions are going to go up in this sector, but also if the very constrained view of the Clean Air Act prevails that architecture means the Clean Air Act is a very limited tool to deal with greenhouse gases. And the greenhouse gas emissions going forward. So the third sector that the Obama administration looked at was the oil and gas sector. It got a late start on oil and gas. It was focusing on methane emissions and the growing concern toward the end of the administration that has only grown more at the fact that there are significant losses of gas slash methane and through venting and through to some extent incomplete combustion of flaring. The reality is that natural gas is less value than the oil that often exists with it. And so if there are no gathering lines available, the industry has been flaring out the wazoo venting and not being very concerned about leaks because it's a relatively low value commodity. So here's what the Obama administration did and the Trump administration response when it came to methane. So again, they got a late start. They only got to do new sources of oil and gas and they had a final rule came out in June 2016 that puts in place a leak detection and repair requirement for new sources. It started looking at existing sources gathering data, but that's as far as it got when the clock ran out for it. The Trump administration has responded in terms of looking at the new sources. By first proposing a watered down leak detection and repair rule with about half as many inspection requirements as had been in the Obama administration's final rule. But then about a year later, last August, it fairly breathtakingly suggested that maybe it wouldn't stop methane at all in the oil and gas, regulate methane at all in the oil and gas industry. It suggested first that actually it thought it only had to look at the production and processing side and not the transmission lines, the big long pipelines. And then it questioned whether there was enough methane being admitted to trigger an endangerment finding, suggesting that that endangerment finding back in 2009 could be sliced and diced and that maybe if you start looking at smaller sources of greenhouse gases, they don't become regulated, which is an astounding new reading of the way the Clean Air Act works. But it appears that they're headed toward a final rule that in fact will let them off the hook for regulating methane in the oil and gas industry. Interestingly, ExxonMobil, BP, Shell all have asked for this regulation. They realize that methane's a problem. Their best selling card for gas is that it's on balance way better than coal. But if the methane releases, which are much more powerful than, again, carbon dioxide, are not regulated, their calling card goes away. They know that. Below the line is another interesting point on methane, the Bureau of Land Management under a very different law, regulated in November 2016, all sources of oil and gas on public lands requiring new limitations on venting and flaring. It did it under the Mineral Leasing Act, which obligates the federal government to stop any parties from wasting federal resources. The view of BLM, the Interior Department was venting and flaring of gas is a waste of an important publicly owned resource. They stopped it. And it threw a very long rulemaking that looked into how best to do it. Trump administration rescinded that rule, just said essentially never mind. We're going back to no regulation of methane on public lands. We're expecting a court decision soon and I have my guess that the Trump administration rule might get overturned, but we'll see. Okay. This is the second big environmental law, the National Environmental Policy Act. This is a different act. It doesn't directly regulate greenhouse gases, but it requires that for any major project that requires a federal approval. There has to be a full evaluation of environmental impacts that may be analyzed so that federal decision makers before they issue their permits or approvals have the opportunity to say, wait a minute. I don't like the environmental impacts of this project. I'm going to walk away. Focus is on disclosure and public input. It's not action forcing. It doesn't require the federal decision maker to make a decision one way or the other, but it requires that decision maker to be informed. And for major projects, typically requires an environmental impact statement where there has to be an evaluation and consideration of alternatives as well as indirect and cumulative impacts. So the good news is that there's broad agreement and the courts have confirmed that NEPA requires consideration of potential climate impacts for major fossil fuel projects. The review needs to take a hard look at what these climate impacts might be, considering direct impacts from the project itself, but also indirect impacts. For example, if it's a gas pipeline, that gas is going to go somewhere and be burned and give off CO2. How much is this gas pipeline facilitating in terms of end use greenhouse gas emissions and cumulative impacts? If there are a series of projects together, how do you tie them together and look at their overall impacts? The not so good news is that the administration is hostile to NEPA analysis of climate impacts. And I'll explain why. I'll give a few facts here. Number one, they rescinded the Obama administration's NEPA climate guidance. It is hard for project proponents to figure out how to evaluate climate impacts. The Obama administration worked for several years on guidance with some benchmarks, came out with it, it's gone, and replaced by guidance that provides essentially no guidance. And number two, and perhaps more importantly, the administration has proposed the first ever major overhaul of the rules under NEPA. These rules have been in place since 1980, and several of the new approaches that are in process, the comet deadline occurred in March, actually, appear to be targeted at climate. For example, under the proposed new rules, there will be no requirement to deal with indirect effects or cumulative effects. It seems like climate. Also, no study is needed for effects that are quote, remote in time, quote, geographically remote, quote, or product or the product of a lengthy causal chain. So many climate impacts, of course, will not immediately demonstrate themselves. It's the impacts may be predictable, but later in time after some other causal activity, etc. So in any event, not not friendly to climate these proposed new regulations. Also not so good news is that clean energy alternatives should be part of the mix of alternatives that are looked at when fossil fuel projects come before a federal decision maker. For example, if there's a major gas pipeline going to the southeast to fill utility need for energy, the decision maker should be able to weigh that against alternatives of renewable energy alternatives. But in fact, that's not happening at all in in NEPA reviews. And not so not not so good news is low priority seems to be given to clean energy projects under under fossil fuel projects are moving very quickly through the administration in terms of the NEPA process. When it came to vineyard winds offshore wind project off of Massachusetts, however, all of us in the Department of Interior said actually we need to look at cumulative impacts and they, they put another year or a year and a half on the schedule for that that NEPA review. So if you're still wondering about my thesis that NEPA is not being well addressed here by the Trump administration. Let me give you a quick very recent example of the administration's antipathy toward climate analysis under NEPA. The example involves the approval of the Jordan Cove Gas Pipeline and LNG plan in Oregon by the Federal Energy Regulatory Commission under the Natural Gas Act on March 19 lesson a month ago. The Jordan Cove project involves building a 230 mile pipeline across Oregon to an LNG export facility on the coast. So the question before the Commission is whether and if so how climate impact should be addressed when it makes a public interest determination under the Natural Gas Act that it's in the interest national interest to approve the pipeline project and then give the pipeline project proponent eminent domain authority so they can condemn the land they've got full governmental rights boom they put in the pipeline. A quick background in 2017 the District of Columbia Circuit Court ruled in another gas pipeline case a bell trail that FERC can't duck making a careful and fulsome analysis of potential climate impacts associated with the construction of a gas pipeline. In particular it ruled that the pipeline EIS must evaluate indirect emissions associated with upstream gas production and foreseeable downstream combustion to the gas the pipeline will carry providing a full picture of the greenhouse gas emissions. In the Jordan Cove case, however, for the FERC majority said it didn't have enough information to estimate those indirect emissions so it didn't. And in a concurring opinion, Commissioner McNamee went further he asserted that the environment is not the type of public interest consideration that is relevant for a pipeline approval decision under the Natural Gas Act. He emphasized the Natural Gas Act purpose is to enable the public to have access to natural gas and to regulate prices not to look out for the environment. He said if there are concerns about upstream or downstream emissions there are other laws to address those issues so he essentially dismissed NEPA and environmental issues generally as not relevant to the public interest decision making under the Natural Gas Act. It led to a howling descent from Commissioner Glick the lone Democrat on the Commission who said that it was not reasoned decision making for the Commission to conclude that environmental effects overall are acceptable for that pipeline. And that the pipeline is in the public interest without evaluating what he called the most important environmental issue of our time climate change. So that's what we're dealing with when it comes to applying our environmental laws to energy projects these days, which brings me to the second question of the day, are us energy laws paving the way toward a clean energy future. There are a couple of key points here, most us energy laws were enacted in the pre environmental era. That's not a helpful fact, like the Natural Gas Act doesn't talk about the environment only talks about providing access to gas as an example. Across the spectrum of federal clean of federal energy laws, you see a limited affirmative clean energy agenda, lots of R&D, excellent, really important, but not action forcing. That's research and development energy efficiency, also very good, but we'll see shortly under attack, and then clean energy financing. Excellent, and very important to the proliferation of utility scale solar projects and the Obama administration, etc. But that's mostly depleted now, and a bit under a cloud, unfortunately, because of cylindra unfairly. So let's also look at those pre environmental era federal energy laws. And I just, I'm not going to go through them in detail. I want to just say that all of these laws lean into production at your gas act we just talked about that. The mineral leasing act that defines coal oil and gas development on public lands leans into production. This is a 1920 era law lease sale shall be held at least quarterly mandatory. So where's the environment, not not on the screen where's clean energy, not here. Federal Power Act 1920. Interestingly, when it comes to hydropower, that part of power under the Federal Power Act that was modernized in 1986. In a way that gives for a for a relicensing of a dam. Now, quote, unquote, equal consideration has to be given, not only to the power value of the of the dam but also to protection efficient wildlife recreational opportunities energy conservation. That's what happens when you modernize these laws. These laws have not been modernized except in this one example here. And importantly, the next bullet under Federal Power Act, the 1935 amendments are really the big kahuna because they're there what regulate how interstate electricity transmission and wholesale power sales are dealt with and the distinction between federal and state authority under the Federal Power Act more on that in a few minutes. The next phase of energy laws came right after the the oil embargo in the early 70s, when we were very attentive to the fact that the United States was dependent on the the OPEC nations for gasoline and oil generally. So what you have here are our laws that have little coherence in terms of a comprehensive approach. The the commonality here is they're not about the environment. They're really about national security and diversifying energy with with a few forays into clean energy and renewable energy but very early. For example, interestingly, it was the cafe standards that came out now in 1975 in order to save mileage. So this was not an environmental driven interest. It was it was a an energy conservation interest. Lots of attention R&D in the national labs. That's DOE strength, but again, not not pushing toward environmental considerations. Public Utilities Regulatory Policy Act is a bright star in this constellation here in the 70s because it actually provided an important foothold for independent power producers to diversify and and to require utilities to buy their small renewable energy projects. Then you have a grab bag of other programs with the Energy Policy Act of 2005 being particularly important. And an energy efficiency is built here into the 2005 act. The earlier program strengthened here strengthened again in the 2007 follow up energy act. And that's a that's been a real strong point here and a regulatory program that DOE operates, one of the very few regulatory programs that operates. There also was DOE authority to build electricity transmission in this act that failed. We'll talk about that. Wind and solar credit. So we're starting to get some some real help here to renewable energy. The ethanol program was was built here largely in the 2005 Energy Policy Act, and very importantly the loan guarantee program, which explicitly talks about dealing with greenhouse gases. The first time in such a stark way that this is seen as as an important role. And clearly the financing was extremely important. But again it's essentially depleted out and and now in the in largely in the dustbin unfortunately the energy independence and security act as I mentioned the last bullet there reinforced the energy efficiency program. So you have some good things, but what's happened with those good things. Well, the energy efficiency program is arguably the brightest star in the constellation of energy law opportunities that that that push for sensible, not clean energy per se but sensible energy policies that will reduce greenhouse gas emissions. I'll mention one quick item under this law. Very interestingly in 2007 under the Bush administration. The energy law set a technology forcing standard for light bulbs that said that by January one 2020 the incandescent bulb will have to be banned. Unless you can meet a standard of 50 lumens per watt at that time and today incandescent bulbs can't make it. That's what drove the market toward elite the development of LEDs and now the proliferation of LEDs. And the Obama administration actually was expanding the number of bulbs that are dealt with as general service lighting to which this technology standard applied. Before the Trump administration came in and said no to the additional bulbs and as to the original bulbs that had to be banned if they weren't didn't meet the technology standard. It has concocted an argument that that January one 2020 deadline, it does not apply to it. So it is not a it is not honoring the requirements for the reduction of the increase of efficiency. And the NRDC is has calculated that as of 2025 these two decisions by the Trump administration. The reduction of the definition of bulbs that are covered by this energy efficiency standard and then secondly not applying the statutory standard means that utility bills for lighting will be $14 billion more than they would have been. And you're going to need 20 the equivalent of 25 new power plants to drive the electricity needed for these less efficient lighting alternatives. So the bright star we have in the current energy laws, energy efficiency is under attack. And the final point I'll make before moving to my last few points is that the federal transmission laws also are not kind to clean energy. We heard about the pipeline side where the natural gas act provides if there is a showing that it's in the public interest, a green light to go for the project proponent to implement the pipeline, get it in. You've got eminent domain authority you're acting like a government agent, you can condemn land and get that pipeline. Transmission towers and transmission electricity transmission generally is very important for renewable energy some of our best renewable energy resources are in the Great Plains far from from load centers and and even in the southern area of the Great Plains, the ability to take electricity from Oklahoma and Texas, all the way to the southeast, or the northeast is is a problem because of transmission. Interestingly, the 19 the 2005 Energy Act, as I mentioned a couple slides ago, had a provision to empower DOE to take a role here and potentially be a backstop for providing eminent domain authority because the reality is that states were not allowing interstate lines through if they didn't think there was something in it for them. The program's been a debacle, however, the studies that was done in the beginning to establish national interest electric transmission corridors was a failure. And essentially, you have what is in essence a government subsidy to help pipelines go long distances and nothing equivalent for renewable energy transmission. The final part of my discussion is state based energy and environmental laws. This is a happier story. Let me begin though by saying that traditional state energy laws are not particularly friendly to clean energy and are not aligned to accelerate the clean energy transition vertically integrated monopoly utilities are the are found in the majority of states. More all those white states and in fact many of the yellow states are dominated by vertically integrated monopolies. They have a structural bias for the status quo, they own their own energy sources. And certainly they're susceptible to some public pressure and they can be susceptible obviously to state legislatures that tell them they've got to get more clean energy, but they don't really want to. In any event the structure is such that because they own their own production, there's not competition to open up opportunities. That said, opportunities have been opened up by renewable portfolio standards and targets. This, this is truly amazing, arguably about half the growth in the US renewable energy generation since 20 since 2000 has been attributable to state renewable energy requirements for utilities. Most of the states are relatively modest 10 to 15% but 1313 states have 50% or more requirements that they get they get their power from renewable energy that's opened up the market. The last year has brought an amazing number of states forward, making huge commitments to have clean energy in their states that look at that chart for 2019 it's breathtaking. Now these are commitments that are out 2030 years. So it's okay to be a little cynical about it there's not necessarily a plan to get there, but the states are saying we are going to try to get there. What are they doing, how are they trying to get there. Well, there are all sorts of progressive clean energy oriented state laws out there that are that have sprouted and that are powering very significant changes in the energy mix in states. So we have all back to the point about vertically integrated utilities. There was a deregulatory wave in the late 1990s that where utilities started to and were told to by their states to divest of their energy production. It was a merchant energy business that was in competition for the utilities to serve them. And that created a new dynamic and new opportunities for the non incumbents renewable energy etc and as prices came down for wind and solar. They, they, they have increased their market share substantially in part because of this early divestment of energy production by in by many states but still the majority again are vertically integrated utilities and and are not influenced by that. Also, a lot of behind the meter energy options are popping up utilities have typically resisted these at least initially rooftop solar because of concerns about the prices pay the retail prices paid back to the to the the rooftop the the residential owners, not being enough to support the grid, but but that's been worked through it a lot of states, there's storage there's demand response micro grids. All of a sudden a different relationship with the customer has developed, which also has been by the way, accelerated because some of the biggest customers, the data centers that Amazon's Microsoft's of the world, Google's of the world are insisting that they get more clean energy. And finally the decarbonization tools. It's a big tool chest that we see out in the states we mentioned the renewable portfolio standards. In order to keep nuclear zero carbon nuclear going. Some of the big nuclear states including New York, New Jersey and Illinois have developed zero emission credits programs to keep them in in play, as long as they can because of the zero carbon attributes. We have carbon capture rather carbon cap and trade programs. California, of course, is the gold standard with an economy wide cap and trade program. We have a more modest program but interesting program in a dozen or so northeast states the regional greenhouse gas initiative. And more recently the transportation climate initiative, which seek which operate as as cap and trade programs to reduce the greenhouse gas emissions from the power sector and the transportation sector respectively. We've got low carbon fuel standards in California and Oregon we have electric vehicle incentives under the California waiver now in at least 14 states. You've got potential carbon taxes New York State is looking seriously at a carbon tax. So the states are truly the area that of innovation these days when it comes to clean energy. There are other state based tools that play in the energy and environmental space, including the state authorities to essentially slow down fossil fuel projects where fossil fuel projects are not consistent with state goals and state policies to decarbonize aggressively. We have states have very important authority under section 401 of the Clean Water Act to object to a federally approved project that in the state's view is inconsistent with state water quality standards. This has been used to stop the Constitution pipeline in New York. The state has relied on section 401 to object to the millennium coal terminal in Washington state. There are other examples around the country of section 401 and in fact, it's raised the ire of the Trump administration. And the Trump administration has started a rulemaking to reduce the scope of section 401, and in particular, dealing with the timing and content of state objections. Also, there have been objections by states to the taking of state lands by, for example, pipelines, both in Maryland and in New Jersey, there are current there's current litigation on that. The Clean Air Act gives state downwind states good neighbor rights, it has the right to ask EPA to take enforcement action under the against upstream upwind I should say upwind sources that are causing the pollution to blow into their area and make it make it unable for them to meet their air quality standards. Right now there's litigation against the Trump administration by Maryland, by Delaware, by New York for not enforcing their good neighbor rights. State objections can also include citing restrictions and fracking bands, for example, in Portland, Maine, there's a restriction on the citing of a of a proposed oil export terminal. But the Jordan, the Oregon objections to the Jordan Cove case that I just mentioned they have a 401 claim, and they also have a claim under the Coastal Zone Management Act against that proposed project. And some states have fracking bands like New York and Maryland and others others have restrictions on the where you can frack etc. The local and state clean energy assistance ideas are tools are being used. New York State just enacted a renewable energy citing law that's intended to facilitate quicker citing of renewable energy projects. There are local laws banning gas hookups because of the need the view that we need to electrify residences rather than having them. Reliant on fossil fuel gas. In fact, there are 30 jurisdictions in California alone that either require or recommend all electric housing. And we have states moving out on financing assistance to kind of stepping in where do we once was to help facilitate government backing of private money to leverage money to deploy clean energy very important. I'm going to very briefly mentioned that these state aggressive state actions are creating questions under the interstate commerce, whether the Commerce Clause of the Constitution about whether they're discriminating against out of state interest so that's an area where there's a lot of litigation to date. The states have been able to win those cases because they are not favoring their internal industries, they are they're acting in their state interest, but not discriminating against out of state energy providers. I mentioned the 401 issues are in play. And the final item I want to talk about is the scope of state authority to implement clean energy preferences under the federal power act. This is incredibly important. That all between federal energy regulatory commission and the states federal regulatory commission has authority over the interstate sale of electricity. States have very significant rights under the federal power act to regulate and decide what generation they want they can shape the electricity system in the state of their choice. They also have, of course, plenary authority when it comes to distribution and retail sale of electricity. FERC is right now saying that state supports of clean energy, state supported clean energy is depressing prices on interstate markets. I think that the subsidies given by some states to like the nuclear plants under the ZEC program, or even resource. The renewable portfolio standards gives an unfair advanced price advantage to to these resources when they bid into a capacity market, they call it an out of market influence. And these are saying, wait a minute, we have authority under the federal power act to shape our preferred energy mix, you should be deferring to our rights to subsidize what we want and respect those rights. And by the way, these subsidies reflect a valuable energy attribute that should be acknowledged in the interstate markets, and they also reflect a market failure in the energy market by not accounting for carbon costs. So we're subsidizing these, these renewable and clean energy fuels. And finally, it's hypocritical for FERC to say, we got a problem with subsidies when it comes to state supported clean energy subsidies. We're not going to look at federal subsidies that incumbent fossil fuel providers get. That's a big, big issue that is just burst onto the scene here within the last year. That's really the key takeaways. You saw the slide early. Let's see if you agree with it now. My conclusions that are as implemented US environmental laws are not reducing greenhouse gas emissions from fossil fuels and thereby encouraging clean energy alternatives. As implemented US energy laws are doing little to advance clean energy. And finally, state based clean energy environmental laws are speeding the clean energy transition, despite federal resistance. Imagine if that's it. Great. Well, thanks very much, David. We have some time for general audience questions and I've collected quite a few through the Q&A portal. So I thought your talk was a tour de force in terms of covering a lot of ground comprehensively that's difficult to summarize distinctly which you're able to do. I'm doing some of the highest level questions for you together. Given your experience, long experience in the legal side and energy analysis side, environmental analysis side. I could see in general we picked up kind of three general responses one how dare they do this, and why don't we just fight back through the legal system. For one example, one questioner said, if the cleaner act was used to justify a waiver and not say it was not done by executive powers how can they actually not grant that waiver to is as you've started this on, could we use energy water law constitutional law. Julianna, the US say constitutional right conjure against and third maybe closer to where you seem to be going is what about what I would call non national government organizations which could be states, it could be the private sector could be philanthropic or other types of NGOs perhaps working together all the strategic energy allowance and the breakthrough energy institute and breakthrough energy ventures. So, given that you have this incredible expertise that's at a contacts and knowledge. How do you allocate your own time and what you would you recommend for the participants in the seminar is a place to focus before and after a change in the administration. Well, that's a good question or series series of questions. A few thoughts. One is, I think it's the time. If you're interested in clean energy to be to lawyer up and fight against what I think are inappropriate interpretations of the law. I don't think it's important to recognize that our legal system has a lot of gaps in it. It's got some ambiguities and important laws that restrict their potential use, and that that hopefully we will have a Congress. I'm not sure they can get things done. And we ought to be ready with fixes for the laws to modernize them in the way that I talked about. And that involves a whole of society effort by the way, and certainly NGOs are very well positioned they've been part of the legal fight alongside the state attorneys general on all of these matters. And, and I'm very encouraged by what the states are doing. A lot of that is grassroots oriented that part of the vertically integrated utility model that I didn't talk about is the fact that in some states like Florida and Nevada. They've raised up and done ballot initiatives that have told their utilities to go to and we're going to you're going to open up to competition you're going to allow us to produce energy as customers, etc. There's, there's a lot of, there are a lot of forums for activity. Another example on the sort of broader civil society part is the fact that, and I alluded to it briefly but the major energy buyers have come together and formed an alliance to try to influence state, state legislatures to open up their markets to enable a Google to if they're willing to to build their whole their own plant. And yet in Virginia they they're they're the answer until recently has been, Oh, no, you give us the money to the utility dominion and will build it. We can't have you owning that. So, you also mentioned Giuliani and constitutional issues. Energy and environment both are really well statute up if you will. And the problem is that the statutes don't all fit and and are a varying equality and are not modernized. There are relatively few I think constitutional opportunities at a very high level to establish principles that are going to as a practical matter on the ground, help the transition to clean energy happen sooner. But certainly lawsuits against oil and gas providers and liability suits and all that's going on as well. So it's a it's a great time to be a lawyer I had gotten so that I like not being a lawyer but it seems like the time to be a lawyer so that's what I'm telling you today. On that we have one final question I'm going to preempt a couple of other ones with some great questions in the queue you'll probably hear in the student session afterwards. Now, now that I know you're running this big center at NYU is following your website, a good way to keep up on all the things you've talked about or are there resources you use for that purpose for some combination. Yes, thank you, John. Our websites got a wealth of information about all the things I talked about. If you Google NYU and State Impact Center, it'll pop up. I also have a bi-weekly newsletter that includes a commentary from me and that highlights the recent AG activity in this area. If you go under press and publications you'll see called legally speaking newsletter. Get it get on the mailing list and love to have everyone on this call get more educated about the incredibly important activity that's underway right now. Super with that said we're just about out of time I'd like to thank you once again for a comprehensive but so much sobering talk, which in the end I thought was quite inspiring as you ended up with some advice for the young students to take on board to try to change the world in the future in a positive way so thank you once again. We really appreciate it and we owe you a trip out here anytime you're interested in doing so. Thank you very much, David. Thank you so much john. Thanks for having me.


Because there's a point where you're just lying here where I could be going at my man's. This is one man with some track suit on. I'm going out to Tesco and he knows where I'm now and you're coming with me. I'm very rainbow today. My new tops. It's my phone. We support Prime. I really don't have anything to do soon. I might be dying my hair today. Depends on staff numbers for retailing. I'm not doing anything today. This is just going to be a chill day for me. I'd spend most of it in bed because not my chair. It's got squishmallows on. And clothes. Sean, the fuck? What was your evening? I hated it when the car was speeding. I'm really soon to do it. I don't think that's bad. Much better. So all I'm going to do today is chilling in bed. So have a chill day with me. Okay so I'm hijacking the vlog. My vlog, I can hijack what I want. Do you guys prefer me vlogging my day when I'm doing absolutely nothing? Or do you prefer me sitting down talking to videos? If you watch my videos, what time do you watch my videos? I'm trying to work out the best time to upload videos. I used to upload at eight o'clock every single day. But I've been uploading it earlier. Earlier than yesterday I uploaded it at four. And the video's got less than a hundred views. And it's really underperforming and literally getting through. Because it's about really important subject. And no, it just bubbles me. When I make videos, I do it because I know people are going to see it. But I want not you guys to think about it all. So I want to make videos for you. I like doing the vlogs. I just don't do an awful lot of them in it. I'm not working and I'm not uni until September. August is an exciting month. And the end of this month is exciting. So I'm getting another tattoo.  Because I don't care. I've made videos ten years now. If not longer. I've had multiple channels. And each time I've quit. And this channel I've really stuck at. I made a mental health base. And then I stopped making mental health contents. And now when I upload mental health content, it just end up with worms. But I still want to make mental health content because that's what I'm passionate about. I just don't know what people want to see anymore. So what do you think? What do you want to see? What's been your favourite video of mine? Which do you prefer watching? Thanks for letting me hijack my vlog. I am going to end the vlog here.  So there's no points here. Thanks for letting me hijack. Thanks for letting me tour. If you're still here, subscribe. Bye. Peace. I did it with the wrong hand. I can't reach the up button. That's better.


What's going on? How are you guys today? We're gonna take a look around my kitchen, pantry, and fridge to give you an idea of what I've been eating for the past two weeks And I've kind of been all over the place. I've been having, you know, the simple Steak rice and beans a couple meals.  I've even been making steak cutlets and yesterday I just made pizza for the first time since I did that video for you guys a couple months back So let's get started and show you guys what's up. So we'll just start with the kitchen counter I've got some of the bread alone sourdough bread, which you guys know I like the most It is the highest quality in the supermarket. I've been just usually making garlic bread with this in the oven I'll just spread some coconut oil on it with some salt to put that in the oven and then rub a little bit of Royal garlic on it after it's done. The grapes have been my dessert of choice I've been trying to avoid the chocolate because I don't sleep that well when I eat it But I've still been having a little bit Lemons I put in my flexed roast drink. So I'll squeeze a lemon with some ascorbic acid and some flexed roast I'll show you guys that Right now. So there's the flexed roast simple carbohydrate available on FrankieTourInfuse.com And it's just a regular container of ascorbic acid, which I mean I could sell you guys, but there's no real point There's nothing special to it bunch of stuff going on here We got the breadcrumbs that I've been using and the reason I haven't been making cutlets at all is because I couldn't find a decent breadcrumb, but Whole Foods just started selling this a couple weeks ago I think and I just dip my steak in flour after I pound it out with like a Perforated mallet and then I put it in coconut milk and then these breadcrumbs to make a cutlet Maybe I'll show you guys that a day of eating. This is just some Italian yeast I was using so I didn't have to do a sourdough ferment I might actually use this to make some burger buns for you guys This is the rice I've been eating organic rice with beans This is just some ingredients for our secret recipe on Saturday and oh very important so if you guys get water kefir and it's like a little Not fermented and it's not that sparkling and carbonated Put a little bit of sugar in there and close it and let it set a day or two So the bacteria can like kind of come back to life by eating Over here. I actually do have some leftover pizza from last night, which I had I just made a caramelized onion and steak pizza with some dough and The dough with the yeast is not nearly as tasty as the sourdough, but I still feel okay eating it Sometimes I'll make the rice in the cooker. I usually prefer to do it on the stove with a pot Not much in my fridge up here. Just the sirloin steaks. I've been eating from Frankie syringe meat I'll literally bring them home every two or three days just so I don't really keep anything in my house everything's not at the warehouse for the most part and Over here. Sometimes I'll have some mustard Sometimes some coconut aminos, but that's kind of it. I did have some lamb testicles Last week to just for a little testosterone boost, but it can be a little hard on the liver So I try not to do it too often over here on the floor is some of the Saratoga spring water Which I've been using to cook with lately It killed my water key for grains again. So there's something in there That's not that great Which is why I have all of the Mountain Valley down in the warehouse and what I'll do is I'll bring home like a Cache or two of Mountain Valley Just like I bring home the steaks. All right So this is my pantry which is in the dining room because for some reason my parents just fill up all the cabinets with their stuff And I have no room They threw my grapes over here for some reason hopefully those don't feel bad that way protein I just used for my sister's meals mostly. I'll take it myself some more rice. I was having some potato chips past week or two One of the meals I was doing was I would take that sourdough bread Slice some steak on it make a steak sandwich and have the potato chips That was just like a really quick easy lazy meal I was doing that require like no prep when I got home from work hungry Because all I did was see our steak for a minute or two put on the bread eat the chips No time at all. Here's a lot of coconut oil, which is what I used to basically Sear everything is my main fat source if it needs fat. I'm using coconut oil These are the cannellini beans that are come in a carton from Whole Foods I got to start making these myself, but it's just more convenient even more rice Some coconut milk that I use and I haven't really been using anything else here besides This is the pasta that I like And again a couple days out of the past week. I've been having that pasta garlic bread meal So this is the pasta bruzzo di somma I mean Italian stuff is usually higher quality and there's not as many agrochemical concerns as As the states and this tastes better than all of the organic pastas anyway So I like using that so that steak that I showed you guys in the fridge is the constant protein with any of these meals I'll see you're the sirloin steak and have it with the rice and the beans I'll see you're the sirloin steak and I'll chop it up. I'll put it on the bread with the potato chips I'll you know pound it out into a cutlet. I'll have it with the pasta and the bread It is my main protein source right now, and I guess the meal variety was One two three, and then the pizza has been a bit unusual So the only thing I really have down here in my garage is all the water I have one bottle of Mountain Valley left. I'm gonna bring some home today. This is the Saratoga I'm cooking with and then the girl stunner. I'm probably gonna use to make water keeper for you guys down at the shop But I always keep a lot of water on hand because I do not put any Filtered or tap water in my body. So that was a little quicker than I expected But I guess when you're only eating, you know 15 20 foods It's not a crazy crazy amount to go over what I haven't showed you guys is the other aspects of my daily routine that Very so much and it's it's pretty involved, you know, whether it's how I effectively block EMF You know, I'm wearing protective clothing right now I'm in canopies most of my work day and especially when I'm sleeping I take various supplements like in the morning. I might take magnesium oil spray with MSM I might have some flex throws with the vitamin C in the scorpic acid And then I might have some specific B vitamins with my meal for my liver stuff like selenium as well But you know, there's a reason I started each of my businesses that you can see on Frank desktop on a calm Frankie syringe meat Frankie syringe foods organ supplements Frankie's naturals Wi-Fi shielding All of them have stuff that I use every single day. So maybe I'll Do a supplement update video next week. Maybe I'll do, you know naturals I don't know. I got to show you guys more stuff that I do throughout my day outside of the diet because the diet has been a main focus of my channel and People tend to overlook the other important things I would say the Wi-Fi radiation exposure is the most significant one But thank you guys for joining me today. If you have any questions, please leave them down in the comments below If you can like the video Subscribe so that YouTube can unsubscribe you next week and be sure to check that notification bell So they don't notify you of my next video Therefore, as I mentioned Frank dash to found comm support me through all of my businesses before I completely lose my mind


I'm Lance Corporal Molly Hampton, and this is the Corps Report. The Marine Corps Reserve celebrated 100 years this week with festivities in New York City. Reserve Marines have fought in every major conflict since World War I. Always faithful, always ready. Have you seen the Marine Corps' newest insignia? All Marines past and present who've served as critical skills operators or special operations officers, raise the Marine Special Operator insignia. The Eagle represents the Corps, the Dagger represents Marine Raider Battalions, and the Southern Cross symbolizes the Raiders' victories on Guadalcanal. Spiritus Invictus Marines. Nashville, the Marines are coming. Marine Week Nashville is September 7th through the 11th. See Rotary Aircraft, AAVs, and other military vehicles in action with Infantry Marines. Follow Marines on Snapchat to see the Corps take over Nashville. Thanks for watching everyone. We'll see you next time, right here on the Corps Report.


This bad boy's about to be released right now You Be sure to go check this video out. I'll leave the link below. It's the last upload go do it now It's a banger. It's really good Guys these shoes are so dope. These are some Adidas is that I actually picked up. I think about Let's say about a month and a half ago. These things are really comfortable guys. You guys are looking for some shoes Definitely got these Adidas is super super super super comfortable I can show you guys. Hold on. Give me a second. These are the ones I actually usually wear But these things are not nearly as light and comfortable as these These things are fricking sick guys. It doesn't hurt my feet going all day. They feel super good They look super clean. I would check them out Can we just take a moment and realize how tan I am? Look at this.  I'm telling you the Red River. Just I don't know about it looks so tan because of my white shoes, but I'm literally this tan And here hold on. I know I should get in the last vlog. Let's just Yep Hold tan line Got the kicks on I actually just washed these because they're freaking white Look at it. Look at that. I had to wash these things are still like ruined but guys if you're looking for some shoes I'm serious. These things are super super super comfortable.  I was at the Red River last week as you guys know I always talk about this I told you I must stop talking about it.  I swear.  I swear. I'll broke my tailbone or something I'm serious. Like I like bruise my like Something wrong with my lower back and like my tailbone Just kills me like I just kind of like creep back yesterday when we were fishing I sat down on the ground because I don't my phone with someone I had to sit down real quick time to shoot When I sat down, I like those are oh, I know it is something I damaged something bad And when we're at the River River what it happened was we couldn't fit through this little slew and there's this tree branch I was about to scratch my boat. So like I took my foot and I was like trying to kick it And when I was trying to kick it like I went down on it probably like five times in the last time I was like all right, I'm gonna give it my all and I just went down went And literally my foot slipped and have my body went into the water I'm not even kidding all the way up here to my shorts And like I didn't want to fall all the way in so I fell back and I like tumbled over the back seat and like With the compartment one of those little when you open the compartment.  I'm pretty serious. It's been over a week I'm pretty sure I broke my butt So guys today what we're gonna be doing. I'm gonna be running some errands I thought I'd just take you guys along with me since this is the third summer and I filmed the past two days So I'm gonna continue to keep filming that doesn't mean I'm gonna be uploading every day I'm still gonna stick to the schedule Tuesday Thursday Sunday But I can actually make some videos in advance and prep because once I get down in school It's just so hectic so hard to get videos out especially like the cool ideas. I actually want to do that's when it's just super hard and When I'm in school, it's just so much time that I can't really spin on kicking and filming videos and That's why I actually want to prep videos and like film as much as possible this summer like if I could film every day I totally would and that's what I would do.  No, no, we're not going to bass pro We're actually going to best buy and I'm going to pick up a little tripod for my iPhone since I pretty much film Everything on my iPhone. So we're gonna go do that right now. Let's go. I Probably just did the stupidest thing.  I forgot my phone Well, I'm recording on my phone the whole time. I didn't even think about it. I was literally saying I'm going to get a tripod for my phone because all I do is film on my phone And I thought I left my phone so I turned around and realized very quick that my phone was with me And I'm recording on the whole time. I swear guys I'm so used to like filming with a vlog camera or like a standard old, you know, okay like my Sony or my Canon that like I Literally thought I left my phone. I was gonna turn around but I turned around and realized real quick So we're back on the road.   I don't want to talk Made it the best buy That's probably the quickest I've ever been in the best by walked in literally grabbed it paid for it walked out Boom got this little one right here. I bought it. I bought this one. It's pretty inexpensive It's a smaller one. I was gonna buy the bigger one But honestly with how my phone's been acted and how bad is I can barely even film like the lighting and everything's horrible, too It's just I got to get this fixed before I invest any more money into filming with this full-time because If it's gonna keep acting like this or I can't get my phone fixed or something happens I'm not gonna be filming with it here shortly I'm probably gonna be switching back over to my blog camera. This is the last second decision guys But when I'm leaving Best Buy forgot there's this place called computer advantage right across the street I don't know if it's any good or not. You know, I've never really been there, but I want to see if they can check on my phone I believe they do I they do like pretty much everything all all the geeky high tech stuff they do So I'm gonna honestly with how bad this thing's been pissing me off I'm gonna handle this right now. So I walked in there for about five minutes handed the guy my phone Of course, right when I hand him my phone It decides to work perfectly fine Well, he started to mess around with it for a second and he's like, oh, yeah, see I see what he's doing It wasn't even do it much when he was holding it like how it's been and he just says my screen you can replace the screen monitor Or whatever it is. So he said he can't do it today He's I could probably come back to Mark's is gonna take a good bit of time and get it done And I'm probably gonna honestly do that because when I went to App Store, they didn't do anything I went there. He told me right away. So I'm gonna come back tomorrow and hopefully get this thing fixed So I just rigged this thing up while I was driving and honestly Pretty simple pretty easy to use tiny. This is perfect literally for an iPhone This is a lot better than me holding it by hand. I don't even know if you guys can tell the difference. Obviously, I can It's like one of those tripods that I actually used to use For some of my vlog cameras is so much better. It's honestly a lot a lot easier to keep this thing stable I just started up and told them go How the hell you sleeping you ain't whoa Girl, I'll tell you everything you know hitting you guys up with the next day Because I ended up not filming I want to keep this video relevant and I want to add the same content to this video So this is what I'm gonna be doing. So I'm going to the store right now. I actually woke up So last night I actually ended up staying up till six in the morning Now let me explain why I stayed up till six because last night I was at the gym pretty late I'd say 11 o'clock. I believe I went around 11 o'clock. I want to say 11 o'clock. I was at the gym I actually had a shoulder injury. So as I was benching, which this is why I don't bench anymore I was benching. I only had a plate on each side. That's what I'll warm up with. That's what I finished with That's all I bench with because I've hurt my shoulder multiple times before So I just benched with a plate if I bench most of the time I don't bench or usually use free weights. So I put it on the bar first set. I did a set of like With 35 to 40 reps with with a plate It's feeling fine hot back on for the second set went down the first time it was fine went down the second time It was fine. The third time I went down felt pop Well, right on that point. I shot it up real quick and I racked it and I just killed my shoulder I don't know what I did. It's been killing me Last night. It was honestly to the point when I got home from the gym where I couldn't really even move it I mean it was really irritating.  So I'm hoping I didn't really heard anything I tried to finish off my workout in the gym, but I didn't hit chest I try to hit some back, but couldn't really do anything I pretty much experimented with one exercise because that's really all I could do because I wasn't that much pain Last night I ended up researching a lot over YouTube and getting into SEO stuff And I literally pretty much stayed up from like 12 to 6 in the morning Researching stuff one because I just couldn't fall asleep my shoulder was killing me But two I was just all into it and once I get in and rolling on stuff like I could just go forever And I love working at night. That's like my preference I usually work at night and I ended up waking up at 9 this morning Ended up going to the grocery store at mill prepping for the next couple of day or pretty much two days I ended up getting some food cooking then and now as I told you guys from yesterday Which is in the same vlog that I'm going to give my iPhone fix thank God because this thing is to the point where it's stupid I don't need to be using it I just need to go get it fixed and I found a place in Savannah that can fix it So that's what we're gonna do now Oh my god Well, I thought it would be pretty cool to stick my phone out the window since I got this new tripod I'm not gonna lie guys Whoa, it was close that wind was pushing on my phone I'm telling you I was about this close from that phone flying out of my hand just remind me I'm never doing that again. That's that's the job for the GoPro my phone already has enough problems The last thing I need to do while on the way while on the way to go get my phone fixed is have it shatter out the That would just That put the icing on the cake there with the wind hitting my phone It was like zooming in and out that that was not a bright idea. Well guys Absolutely came here for nothing for nothing. I drove all the way out of my way planned everything around this plan this yesterday Came out here for nothing. So supposedly there's something wrong with the Comcast network Or something and they're not gonna be able to calibrate my screen because of some I Don't know something weird. They said they had to turn out a bunch of people today They turned out two people ahead of me. I respect Apple. I think they're a heck of a brand I think it's the big in my opinion. It's one of the smartest brands out there. They're killing the game They're doing their thing. I really love their products, but geez man. Come on now I've literally tried for the past two months to get my iPhone fixed and Everyone refuses and says that they can't do anything about it or either avoids the fact that there's something wrong with it Which just seems all sketchy to me. I don't I don't know.  He said just call this number. He's like if it goes through then we can do it So I Don't know. I'm probably just gonna wait till I get home to Atlanta and hope that the people at the Apple Store can Do it. I actually have a buddy that works up there. So maybe he can knock it out Hey Yeah Yeah So yesterday I actually saw this homeless lady walking right here and I Just decided to help her out. I gave her gave her $5. I'm you know Honestly every single time I see somebody that you know Whether they're homeless or needs help Whatever it is, you know, I try to try to help them out as best as I can because I'm gonna be honest with you guys Whether they're really I know a lot of people talk about, you know, most of these people aren't homeless or most of these people Aren't injured or most and honestly, it's not even about that. It's the fact that you know if that person Might not be homeless either way They're gonna they're gonna use us $5 that $5 that I gave them But they're gonna need it more than me and so like that's just how I try to take take those things into account And how I think about them is you know, they're gonna use that money Obviously better than I would and Hopefully to really help them out. Hopefully she'll go buy food with it. You know, so we're back at the house I really wanted to show you guys this boat. This is like the main purpose of this vlog I have been vlogging all over the place, but guess what? It's time for me to show you guys the main purpose of this vlog So this is what we're gonna do right now guys I got my cover on my boat right now obviously because it's the sun and it has been raining recently and I'm gonna start showing you guys some of the stuff on the boat that I actually destroyed at the Red River Probably the most dangerous place I have ever been to not gonna lie guys it I'm serious It's probably probably the most dangerous river slash lake. I've ever been to if you love your boat I suggest you don't go there. Honestly, I suggest you don't go there at all This take my advice even if you have an event there, I just would not go there It's not worth it, but let's show you the boat. So to start off. I kind of want to show you guys Some of the rap damage Which kind of sucks. There's a lot honestly a good bit of rap damage I'm not gonna show you at all because honestly it's pretty spread all over the place. I don't even know what happened right there Right here as you can tell just from hitting all these trees. Look at this Golly That is no good right there. This side's honestly really not that bad Had that on there The side of the boat just from tree branches and hitting a cut some right over here Also. Oh, yeah, look at that See all that boom boom all the scratches Look at that right there. It's a big scratch slice right through all the way down to the back Knock one on my teeth and one of my one of my kicking teeth out All under the boats destroyed. Let me show you this side. Sorry about that guys My phone is just freaking out. So like I said right down the side pretty much as you can tell they just scraped All the way down the side This is actually one of the moments of when I like fell in the water because I was trying to pick a tree branch to scratch I'm a rat dug deep down as you can tell All the way to the fiber all the way to the main paint job on the boat all right here Where else I mean it's all the way down the boat guys absolutely This is probably the only area right here by my driver's seat because I can obviously push stuff off easier Just a little nick right there. That is pretty much the nicks on the wrap There's a lot more underneath I would show you guys this gonna be hard for me to get under there and all the branches just pretty much scrub the bottom of My boat, which I'm not too concerned about like it just leaves little marks like that But rather than that it's just the wrap stuff now Let me show you the trolling motor if I can when we're driving. I actually broke a strap on the trip and This whole wrap gets sucked into here. Let me let me try to figure this out There we go.  So I was gonna fix it and blade just a little as in note That this is this is a brand new trolling motor Scratch just on the top a little bit This right here Actually lost the whole bracket the whole boat bolt to that on the nut on the other side gotta get that Gotta order a new part Just scratch up this thing in general and lastly what I would like to show you guys Which is honestly it is honestly amazing how this did not get messed up out of all that everything getting messed up on the boat The one thing I would think we're getting messed up is actually the prop and honestly It's pretty good except for this right here That's the slight I don't know if you guys can tell Right there Rather than that I am very impressed that I didn't destroy my prop rub the bottom a little bit on some rocks But rather than that. I mean that is about it. The boat is absolutely filthy There's another spot on the wrap. Oh, yeah, I forgot to show you this one. I Think that I wanted to say I had part to do with my strap But at the same time I don't I want to say I was from a stump because of that as well That is everything on the boat guys things absolute absolutely just in a mess right now Not only is it dirty? I just destroyed the wrap screwed everything got some big things coming up So that doesn't even really matter because this summer guys is gonna be insane There's a bunch of new things coming that I'm very very very pumped and excited to tell you guys and show you guys So make sure you stay tuned for that if you guys like this vlog I know it's kind of all over the place and on the main purpose was to show my boat but I did want to document pretty much the whole day and How dark is this thing but I did actually want to document the whole day Or yesterday as well as pretty much was supposed to be yesterday's vlog I just ended up not finishing it But I wanted to document pretty much today in a lifestyle video if you guys want to see more of these you guys know What to do be sure to smash that like button be sure to comment comment below on what type of videos you guys want to See next because I do post every Tuesday Thursday and Sunday So make sure you turn on those post notifications and subscribe if you haven't already guys be sure to share a video with your Friends and Yeah, that's about it. Thank you guys so much for the support. I love you guys so much and I catch you all in the next video I was bullish on you from the start She like Chanel.  It won't be long.


that can help make high-performing workloads possible in the cloud. We'll talk about some of the challenges we faced and how we bravely overcame them and some future plans that we still plan to deliver on in the months and releases to come. So as I said, most people here are pretty familiar with OpenStack. I assume, is there anybody here who has no idea whatsoever what OpenStack is? I didn't think so. Who would actually raise their hand? Yeah. So I'm going to go quickly through this. I basically wrote this myself, so this wasn't copy-pasted from a website or something. So it's basically cloud infrastructure, whatever that means to people. It's open source and mostly written in Python. That number is made up, but it's mostly written in Python. It's kind of organized this multiple projects, each of which has its own kind of like thing it's supposed to manage through an API and potentially like a dashboard. So it pretends to be infrastructure as a service solution. So more about OpenStack Nova itself, which is the compute part, which is probably what the next bullet point is going to say. So yeah, manage compute resources, so basically VMs that consume CPU and memory on your compute infrastructure through a REST API. So it allows you to schedule VMs across your pool of hardware. Storage and networking is handled by different components, and I won't be talking about them here. And it allows you to start, stop, resize and snapshot your VMs and also allows administrators to do more advanced tasks like migrate, live migrate. And what's I guess maybe interesting and it gets maybe a little bit forgotten in Red Hat is that it supports several different virtualization technologies, but we mostly talk about LibVert KVM, which is what most of the features, actually all of the features I'm going to be talking about in this talk are relying on. So I guess a little bit of the kind of like what the whole Elastic Cloud idea is about, and this is interesting with this talk because it kind of a little bit is at odds with some of the requirements that are put in front of developers when they want to start caring about high performance and about proper utilization or specific utilization of resources. So the idea is to allow for quick provisioning of commodity hardware. And the way it's supposed to do this is that instead of allowing the user to consume resources, it presents them in an intersection called flavors, which is like a predefined combination of resources you want to use. And it allows only very simple scheduling, which focuses on scales. So you don't buy like in its simplest deployment scenario, it doesn't try to do anything optimal or sparse. It tries to be fast and simple. Like I said, other stuff is handled by different projects and we won't be going into them although they might be interesting in the big picture, but this talk is mostly about what NOVA lets you do. And I guess an important thing to emphasize, which I already said a couple of times, is that there is no visibility into the hardware their workloads are running on. So user is supposed to be completely oblivious to what is actually the hardware they're running on. This is like a brief slide of the architecture. And I guess the important thing is that there's an API that accepts requests and then there's message queues, so most of the stuff is asynchronous. The interesting thing here that I'm going to be talking about a little bit more in detail is the NOVA scheduler and how that presented some challenges for us. And this is actually in the next, I guess, two slides. But yeah, that's basically it. It's not too important for this talk to go into these details, but the general idea is like I said, there's an API and then it's synchronously dispatched to a queue where workers or actually scheduler decides where to place the VM and then it gets done or fails as the case may be, but mostly gets done. So I guess it's interesting to maybe go a little bit into this and see how this fits with the high-performance requirements. There's flavors, as I said, and they carry basic information about the resources that will be assigned to an instance. So it's sometimes in the simplest case just the number of CPUs and the amount of RAM that or potentially disk that the VM will have. It can be a bit more complicated than that and it can be overridden through image metadata, which is user-controlled while the flavors are, which is also an important thing that I guess I forgot to mention there, admin control. So admins would define them and that's the only thing users would be able to... or the granularity at which the users would be able to consume resources. And yeah, the scheduling is basically... there's no optimal placement, it just has a list of all the hosts, puts them through a set of filters that admin can tune to an extent and any hosts that pass all the filters are considered. Basically, filters are functions that return through or false for any given host in your pool of compute hosts. And this is... most of the filters are written without going into specific devices or resources without considering specific devices or resources rather considering how many of them are there and just grabbing whatever is there. That possesses a problem when you want to start thinking about how to actually assign a specific resource like a specific CPU or PCI device to a VM. So I guess what I try to say here is that the basic infrastructure framework that Nova provides does not necessarily play well with trying to do stuff that we try to do in order to give more guarantees to the users about performance of their VMs. So why should people care about high performance? If they want high performance, they should probably use bare metal. That's kind of what some people think and say. But as we all know, everything is moving to the cloud, so we have to adapt. But there are some interesting, I guess, use cases, all joking aside. And the famous one, I guess, or the poster child of this kind of stuff is NFB where telco providers want to move a lot of their packet processing into VMs and that can be latency and performance sensitive. So that's kind of where the idea and the push came from. But there's also the fact that there are modern hardware is NUMA capable which is something you want to maybe start considering even for non-critical applications. And so when we started thinking about this, we realized that we have to find a way to expose or let users request certain high performance characteristics without actually allowing them to choose CPUs or specific devices because that's not something we really want to do or actually can easily do with the existing APIs and abstractions that NOVA and OpenStack provide. And that was, I guess, the kind of design problem we tried to solve when we started doing this. So the next couple of slides are going to be about specific features we added and specific performance enhancing features and how we expose them through an API and how that works. So I'll try to explain how that's different from just saying I need three CPUs and hopefully or X amount of RAM and hopefully that will be clear because that's kind of the crux of this talk. So the first thing is obviously we wanted to make NOVA aware of the NUMA characteristics of the compute hosts because this can help with memory access latency. I'm not going to go into a lot of details here, but yeah basically if you're accessing memory that's not on the NUMA node the code is running on there's a penalty to accessing it or it takes longer to access that memory which is obviously something we want to avoid as much as possible. For performance sensitive workloads we don't necessarily care about this or maybe we don't need to care about this for cheaper VMs but it's important for high performance workloads. And this is also interesting in combination with dedicated IO devices. Yeah, so this is for... The first time I gave this talk was at KVM Forum so there was a little bit of Libvert KVM stuff here but Libvert will expose host capabilities I mean NUMA topology of the host so first thing was to somehow take that and store this into NOVA and start making placement decisions based on this. And so this is basically how we decided to expose this to the user. So we would only allow users to actually admins to say that a VM can have a certain number of NUMA nodes. If you just say one, that's also a valid thing but it still means that NOVA will make sure that that VM is contained to a single NUMA node. And then there's some additional options that I guess has limited usefulness that it's there. And so I guess the interesting thing here or something I would like to emphasize is that there's no way for users to choose which NUMA nodes this goes to or it's something like that that just says I want this to end up confined to a NUMA node. Yeah. So how is this done in NOVA? In NOVA, as we've said, there's a way for a compute host to expose this information to the NOVA scheduler. Requested topology is saved as well and then once the instance is being scheduled and placed on a host we would basically see if it based on the number of CPUs and the number of CPUs available on the NUMA node see if it can fit there and if not move on. So as you can see, this is different than placing VMs on hosts. We're basically placing them on NUMA nodes and the fitting algorithm would fit it, place it on any available NUMA node on the host so there's no way to request a specific NUMA node which is kind of different when you also want IO devices as well like PCI devices but we'll get to that. And then finally, since LIVERT driver is the back end for NOVA is the only one that implements this LIVERT does the work of actually confining this and this is done by the vCPU pin element here that's when you define the domain in LIVERT and as you can see we basically confine a set of CPUs to a set of host CPUs so as you can see here we don't place them on single CPUs we place them on the set of CPUs so in this case 0 and 1 would be the first NUMA node I guess of the host. This is also important for memory as well not only CPUs so this is basically telling LIVERT to assign memory from a specific. So next thing we did is huge pages awareness. This is also interesting because of performance I guess the win here is that there is no if you don't have a lot of pages to keep track of then you can cache all the virtual to physical addresses in a constrained resource called the TLB so it makes you use the TLB better and that makes it perform better and the idea I don't know these slides were done by a colleague of mine who actually did the work here and there's as much as 15% improvements and there's also a reference there so I guess sorry that's the idea. So this is an example of how much more efficient it is if you have larger page size so you basically need only one entry in the cache and you don't have to actually do all the walking of tables you just have a cache hit and you have your actual physical address and that's obviously way more efficient and important for workloads that care about that kind of stuff. Different architectures have different page sizes but that's not necessarily important here rather than knowing that we have to somehow expose this through the API in a smart way because you don't want to make assumptions on what kind of hardware you're running on so the API bits of this was setting allowing the flavor to just say use large pages what that means is as we said depending on the actual hardware and then we added some kind of any which allowed us to actually let users request it if the admin allows something like that which I think is also slightly limited and it's usefulness but it's there. I think what's interesting to mention here and I probably forgot to mention it earlier is that this kind of brings in the fact that I think it's maybe mentioned later you have to set this on the host when you boot it so it kind of breaks the promise that you can quickly provision any type of hardware there's now additional work that needs to be done there by the sys admins or operators of the system but there has to be some kind of a trade-off and we don't live in the perfect world so this was deemed acceptable by people but it's worth mentioning as this was one of the constraints of the design and yeah so huge pages are implemented on top of the NUMA awareness so they are per NUMA node and there's even a we allow asymmetric allocation which is apparently a feature people wanted so yeah so this version of LiveWrit and above exposes huge pages or yeah exposes the information about pages available in the host so same as before we can grab this from all the compute hosts and consider this when placing VMs and yeah so this is how this is implemented once we place the VM this is how we request this from LiveWrit NOVA LiveWrit driver generates this XML and passes it over to LiveWrit so CPU pinning is actually maybe not the best name for this because it's actually giving VMs dedicated CPUs so as we said normally you would let your VM use any available CPU and this will be in the KVM case and LiveWrit case up to the OS scheduler to the side but for obviously performance sensitive apps you want to allow a VM to completely use a CPU so that's one thing and then there's hyper threading comes into play here as well which presented interesting problems and sometimes you want to prefer being on the same basically physical core because of better cache utilization sometimes you don't and that's something also that's very tricky to properly model in the world of resources that NOVA knows about so the problem and where this abstraction breaks a little bit like with large pages you want to have a separate set of hosts where you place these VMs because mixing workloads that don't care about performance and the ones that do is just something that we decided is a little bit tricky or unnecessary complexity that we don't want to handle in the code so we passed this off a little bit to the system operators and told them if you want to provide this feature you need to use a feature of NOVA that allows you to separate your hosts into what's called aggregates so if you want to use this you need to use this in a you know in combination with saying VMs that go on these hosts are only performance VMs and they will only be pinned to specific CPUs and there's no obviously no over commit in this case because this kind of defeats the purpose of dedicated resources and yeah so kind of like the idea maybe a subtlety here is that it trades off the maximizing hardware utilization to having high performance VMs which is kind of like the more expensive VMs that people kind of expensive people want yeah so we had again a simple API that says we want to share their dedicated CPUs shared is the default this is what NOVA would do normally dedicated would have to be combined with requests that says go to that specific set of costs and then in that case NOVA would keep track of which CPUs are dedicated to which VMs and allow you to make these guarantee you that the placement will be dedicated very similar to the other parts of it the other features we implemented this stuff is exposed tracked by NOVA placement decisions are made the placement algorithm currently is not super smart it basically finds the first best fit I think it tries to be a little bit smart so it will try to utilize the CPUs of different NUMA nodes equally but it doesn't do it in any kind of like globally optimal way it's just in the way how we sort the available CPUs when we try to place VMs and so far we haven't seen any problems or complaints from users with this so far it seems to work yeah I don't know that's basically so far it works in theory it's not very optimal because it goes through all permutations of possible NUMA nodes which is if you have a lot of NUMA nodes it starts to get slow I guess but we're not there yet so we'll fix it when we get there maybe yeah that's it so this is the same as confining to a NUMA node except you confine to a single CPU basically giving the VM dedicated CPUs and NOVA tracking makes sure that you never share a CPU on that particular dedicated host so a third set of like an additional feature we added is also if you request NUMA aware instance and you request a PCI pastor device it kind of doesn't really work for you unless the device does IO on that same NUMA node and this was added as well this was not the work was not done by Red Hat but it's a good example of how a couple of companies collaborated on these kind of requirements and yeah that's basically it and the problem here is that you can't like the takeaway here or the bug that we have is that you can't match devices to NUMA nodes so if you request a two NUMA node VM and you have two PCI devices they may end up on the same NUMA node which may not be what you want you want them to be in separate NUMA nodes but there's no way to expose this yeah so this is what were the good parts the good parts were that at least in theory but from what we hear from customers this enabled OpenStack to be used by a set of users that would not necessarily have a lot of use for it and they all got involved with this in planning some of them in development and it was just generally a good thing for the community as I so eloquently put it in the second bullet point but there were some problems with this there's, as we've seen with some of the examples with large pages and CPU pinning it does complicate your operations because now you have to know which hosts are which kind of breaks the promise that you just throw hardware and scale out infinitely and yeah it's as we've seen tricky to expose these details in a reasonable way like for example with the NUMA nodes and PCI devices and there are some specific challenges with the way this was implemented and done because it's not used by a big chunk of users so it's off by default which means it doesn't get all the testing we would like it to get we're getting better at it but it's just the reality of life and once we start in doing this a lot of the internals were just not designed to ever handle these kind of requests as I tried to describe in the beginning and this is where a lot of the development time was spent but in the end we all learned a lot so or something that's great so I kind of put this in future plans but it's really a bug that live migration won't work properly so we should probably fix this well yeah it's a bug for just purely VMs that don't do any pass through so we should definitely support this properly currently we don't do it properly sometimes it might work sometimes it might not yeah there's some features the threading features were actually merged not long ago it's not released yet but it's merged and this was also done by engineers from different companies so that built up on a lot of the work that Rathead folks did so this was definitely a good example of how this model worked well and the vice-pastor as I've spoken already so with that I will allow you to ask questions there's three scarves here that I'm supposed to give to the best three questions but yeah so give me at least three questions okay yeah so there is support for SRIOV that's what I mean by PCI devices support the reason why I didn't yes in the general case doesn't have to be you can pass through for example non SRIOV devices but majority of users would probably use it there was a good reason but I forgot yes I should have looked it up this work was done by done like a year ago now so yeah I kind of forgot about those details sorry about that but thank you for asking come for your scarf if you want no in theory it could be but it's not so as long as Libvert basically exposes this kind of information which I think it does I don't know but yeah as long as Libvert can tell us about this in Nova Land we could probably do it but we don't scarf actually maybe there will be more questions so let's see who gets the scarf now well so it is you can do this I mean as long as like Nova would allow you to say that these devices are fair game it's just not something we necessarily focused on and not something that the community focuses on because a lot of the community members that work on this are also from the from the networking world so it's I it's not tested for example that's or not heavily tested but yeah it's something that we interior support GPUs so right so the question was does Nova allow for evacuation of these VMs and that is a good question because when you say evacuation Nova has uses this word very liberally so it can mean a number of things but in the in the simplest case it means that you know know this down you because you shot it down because something's wrong with it and you want to start these VMs somewhere else there's two ways to do this to tell Nova where to put it and to let the scheduler decide again if you let the scheduler decide it will work if you tell it where to go then it's not really tested it should work but I wouldn't as if you're a customer I wouldn't tell you yeah 100% use this we would have to have to test this but as long as you let Nova decide it will do it will do make them make the make the same decision when that it did when placing the VM okay thanks a lot if there are no more questions three people who ask questions and one scarves can come and get them here because all questions were amazing and yeah logos before you leave do you have a presentation or you have it on github or poop poop poop poop poop I think I have some I yeah I guess I can we have to get some stuff and if you have any questions can I actually send you an email and I don't want to Google it now so we will contact you send me an email please okay this is just because the presentation will be available online yeah yeah I will definitely send you the pdf I will send you an email please okay this is just because the presentation will be available online I will definitely send you the pdf version of it can I get a sticker? or a speaker? wow and a hoodie and a scarves nobody likes scarves they're not nice have you had trouble giving them all away? I think it's because it's not cold it's not that cold no if there were like minus 10 centigrade it would be more popular last year it was snowy yeah but probably people who have that anyway you already got the sticker? and the presentation presentation but we can get even the html yeah thanks dude it's advertising itself as a widescreen display but it isn't actually a widescreen display so I don't understand well I'm glad I came in early this morning because I noticed that it looked really crappy and I started to think about how to I mean that cost a fortune right? even the bulbs cost I think the bulbs even a several hundred euros but if you use there's no chance to specify there should be a company I'm going to take a picture of the room at the start of the presentation and I'm going to try and incorporate it into a demo I will explain this again in the thought but it's basically it's difficult to demo what I'm talking about in a way that looks interesting at all because it's just waiting so you see people like stuff do cockpit demos and they look so cool and then I was like hey could you do a demo? I could but you know go get a cup of coffee that's all there is so