Selected category: Clean Power Plan

American leaders support clean air and climate progress — regardless of Trump’s executive order

A sample of the diverse groups that have come out against President Trump's Executive Order on climate change.

By Charlie Jiang

President Trump’s executive order seeking to unravel critical public health and climate protections — including the Clean Power Plan — is being met with strong rebuttals and a clear demonstration of ongoing climate leadership from across the country.

An extraordinary diversity of American faith and justice leaders, businesses, health and security experts, and elected officials have spoken out against Trump’s actions or vowed to continue reducing carbon pollution and move towards a low-carbon future.

The overwhelming response to these recent attacks on our vital climate safeguards shows that Americans are coming together to protect our communities. Millions of Americans — a majority of adults in every congressional district — support limiting carbon emissions to guard against climate instability.

Here are some highlights from the many powerful statements made in the last week:

Leaders from at least 15 faith communities raised alarm at the dangerous impacts rolling back climate progress would have on America’s most vulnerable communities:

  • The United Church of Christ’s national leadership said: “Because climate change makes all other injustice worse, now is the time for us to step up.”
  • “The Clean Power Plan [gives] states a framework for progress in the sacred work of safeguarding our earth’s natural resources,” affirmed Rabbi Jonah Dov Pesner on behalf of Reform Judaism groups.
  • “The absence of a strong climate policy means more dangerous pollution that harms the unborn and children,” warned Evangelical Environmental Network President and CEO Mitch Hescox.
  • "This is a challenge for us," said Vatican leader Cardinal Peter Turkson, a chief architect of the Pope’s “Laudato Si” encyclical on climate change. “Fortunately, in the United States, there are dissenting voices, people who are against Trump’s positions.”

Health associations representing more than 500,000 doctors and medical experts emphasized the public health imperative of reducing air pollution and addressing climate change:

  • “Implementing the Clean Power Plan alone would prevent 90,000 asthma attacks and 3,600 premature deaths every year once fully in place, wrote the American Lung Association. “Our nation needs these lifesaving protections.”
  • The Medical Society Consortium on Climate and Health said “As medical professionals, many of our members know firsthand the harmful health effects of climate change on patients.”
  • “Clean air should not be a luxury, and it should not be determined by ZIP code,” said the American Academy of Pediatrics.

At least 75 mayors, state governors, and attorneys general who represent more than 149 million people — nearly half of the U.S. population — reiterated the need to combat climate change and protect the communities they serve:

  • Pennsylvania Gov. Tom Wolf said: “The science of climate change is settled and the President’s actions today turn the federal government’s back on Pennsylvania’s environment and our economy.”
  • Colorado Gov. John Hickenlooper said: “We will keep building a clean energy future that creates Colorado jobs, improves our health and addresses the harmful consequences of a changing climate.”
  • A coalition of 23 attorneys general and local legal counsels from states including California, Illinois, Iowa, Maryland, and Virginia wrote: “We won’t hesitate to protect those we serve—including by aggressively opposing in court President Trump’s actions that ignore both the law and the critical importance of confronting the very real threat of climate change.”
  • Mayors from 47 cities including Houston (TX), Knoxville (TN), Durham (NC), Fayetteville (AR), Los Angeles (CA), Chicago (IL), and New York City, released a letter reading, “Climate change is both the greatest single threat we face, and our greatest economic opportunity for our nation.”

Power companies owning generating capacity able to power roughly two-thirds of all homes in the U.S. spoke out to recommit to providing ever more clean energy in the wake of the executive order. Here is a sample:

  • “We intend to keep moving forward with a low-priced, clean energy strategy that provides the economical, clean energy our customers want,” said Ben Fowke, CEO of Xcel Energy.
  • “Going forward, we anticipate an increase in renewable generation capacity and declining utilization of coal,” said Southern Company spokesperson Terrell McCollum.
  • "We will continue our transition to more natural gas and renewables as we balance out our generation portfolio and provide cleaner energy,” said a spokesperson for American Electric Power.
  • “Because of the competitive price of natural gas and the declining price of renewables, continuing to drive carbon out makes sense for us,” said Duke Energy CEO Lynn Good.

Reducing carbon emissions and moving to cleaner sources of energy is good for business, say Fortune 500 companies including Apple, General Electric, and Walmart.

  • “We’re disappointed the administration has decided to roll back climate regulations such as the Clean Power Plan and others,” said Edward Hoover, a senior executive at Mars Inc.
  • Fighting climate change is “good for the business, our shareholders and customers,” said a Walmart
  • “We believe climate change should be addressed on a global basis,” wrote General Electric CEO Jeff Immelt. “We hope that the United States continues to play a constructive role in furthering solutions to these challenges.”
  • “We believe that strong clean energy and climate policies, like the Clean Power Plan, can make renewable energy supplies more robust and address the serious threat of climate change while also supporting American competitiveness, innovation, and job growth,” a group of tech companies including Google, Apple, Microsoft, and Amazon said in a statement.

Leading national security experts warned of the impact President Trump’s order will have on American security.

  • The non-partisan American Security Project said: “While energy independence is a credible goal, the actions suggested will not lead to real energy security. Rather, the order removes basic programs, such as the Clean Power Plan and climate resilient development, which bolster the security of our country.”
  • Alice Hill, a former resilience policy advisor to the National Security Council under President Obama said: “Deliberately ignoring the devastation brought by climate change will leave us anything but secure.”

Officials who served administrations in both parties criticized moving backwards on climate:

  • “This is not just dangerous; it’s embarrassing to us and our businesses on a global scale to be dismissing opportunities for new technologies, economic growth, and U.S. leadership,” said Gina McCarthy, former EPA administrator under Barack Obama.
  • Asked about rumors the Trump Administration could abandon the Paris Agreement, Christine Todd Whitman, an EPA administrator under George W. Bush, said, “We lose any ability, any moral authority, to say to any other country, ‘You have to clean up your act.’”
  • Trump’s order "is reckless, arrogant policy that ignores the safety and well-being of our country and our children," said former Special Envoy for Climate Change Todd Stern, who helped broker the Paris Agreement.

Community organizers working for environmental justice condemned President Trump’s attacks on America’s most vulnerable communities:

  • “The decision by President Donald Trump to roll back the hard fought progress made on clean air and clean energy is extremely disappointing and dangerous,” said NAACP President & CEO Cornell William Brooks. “We are now on a dangerous path that puts workers, communities and the planet in harm’s way.”
  • Former Kentuckians for the Commonwealth chairperson Dana Beasley Brown said: “As Kentuckians, we have to work for the kinds of solutions we know can provide good jobs, allow people to stay and live in their communities, take care of their families, and not have to make the choice between being healthy and having a good job.”
  • Tom Goldtooth, executive director of the Indigenous Environmental Network said “Indigenous peoples will not stand idle as we tell the world the Earth is the source of life to be protected, not merely a resource to be exploited and abused.”

President Trump’s executive order will only take us backwards to an era of more pollution and more disease.

But it is clear from the overwhelming pushback that community leaders, businesses, and health and security experts, as well as millions of Americans across the country, support maintaining strong climate and public health protections and moving forward on clean energy — not turning back the clock.

Read more responses to last week’s Executive Order here.

Also posted in Greenhouse Gas Emissions, Policy| Comments are closed

The Tenth Anniversary of Massachusetts v. EPA

U.S. Supreme Court

If it feels like we’re being inundated with bad news about federal climate policy, here’s a cause for hope – today marks the tenth anniversary of the Supreme Court’s decision in Massachusetts v. EPA, one of the most important environmental cases in our nation’s history.

The Supreme Court’s landmark decision in Massachusetts came when the U.S. Environmental Protection Agency (EPA) under the George W. Bush administration was refusing to carry out its responsibilities under the Clean Air Act to address climate pollution.

The case arose from a petition filed in 1999 by citizens, conservation and environmental groups that asked EPA to limit climate pollution under the Clean Air Act. But under President Bush, EPA disavowed its obligation to address climate pollution. At the time, EPA relied on the dubious argument that dangerous climate pollutants emitted into the air somehow didn’t qualify as “air pollutant[s]” under the statute.

Massachusetts, states, cities and a coalition of environmental organizations – including EDF –sought judicial review of that decision, and on April 2, 2007, the Supreme Court rejected EPA’s unlawful claim, ruling that carbon dioxide and other greenhouse gases qualified as air pollutants “without a doubt … The statute is unambiguous.”

The Supreme Court also forcefully rejected the Bush EPA’s “laundry list of reasons” not to address climate pollution. The high Court held that protection of human health and the environment from air pollution under our nation’s clean air laws — including protecting the millions of Americans afflicted by the clear and present danger of climate change — must be rooted in science, not politics or expediency.

This historic Supreme Court decision settled that addressing climate pollution is EPA’s responsibility in carrying out the Clean Air Act, holding:

[G]reenhouse gases fit well within the Clean Air Act’s capacious definition of ‘air pollutant.’

Protecting Americans from climate pollution — dangerous air pollution — is the intent, is the purpose, and is provided for under our nation’s vibrant bipartisan clean air laws.

In honor of Massachusetts v. EPA’s tenth anniversary, let’s celebrate this firm and enduring Supreme Court decision and the real-world benefits it has for millions of Americans — and let’s prepare to defend the vital safeguards that followed it. We also celebrate signs of climate progress across society, such as the more than 1,000 businesses and investors that have committed to addressing climate change through implementation of the Paris Climate Agreement. 

Climate Protections under Massachusetts v. EPA

As it turns ten, Massachusetts v. EPA is more relevant than ever. To carry out its responsibility to protect human health and the environment from dangerous climate pollution, EPA has established common sense limits on the pollution discharged from tailpipes, smokestacks, and oil and gas development activities. These actions are fundamental to our nation’s response to climate change and provide enormous health, economic, and environmental benefits to the American people.

Once Clean Cars Standards are fully implemented in 2025:

  • Increased efficiency will provide savings of more than $8,000 in gasoline over the lifetime of a vehicle, compared to a similar vehicle in 2010. Across America, the Clean Cars Standards will save Americans more than $1 trillion at the pump.
  • Americans will have saved 12 billion barrels of oil, increasing U.S. energy security.
  • When new cars are purchased with financing—as they are for most Americans—the fuel savings produce immediate net benefits for American consumers.
  • The auto industry has been beating these standards while adding jobs and achieving record vehicle sales.

Under EPA’s Clean Trucks Standards:

  • Over the lifetime of vehicles covered by the Phase 1 Standards (model years 2014-2018), the standards will save 530 million barrels of oil and yield fuel savings of $50 billion. An operator of a large freight truck is expected to have net savings up to $73,000 over the useful life of a new truck.
  • Over the lifetime of vehicles covered by the Phase 2 Standards (model years 2019-2029), the standards will reduce 1 billion tons of carbon pollution, save nearly 2 billion barrels of oil and save truck owners $170 billion in fuel costs. The Phase 2 benefits are in addition to the benefits of simply leaving the Phase 1 Standards in place.
  • These fuel cost savings will save hard-earned money for truckers and U.S. consumers alike. The Consumer Federation of America found that rigorous fuel economy and climate pollution standards could save American households $250 annually in the near term and $400 annually by 2035 on goods and services.

Once the Clean Power Plan — our first and only national limits on climate pollution from existing power plants — is fully implemented:

  • Americans will breathe cleaner air, which will prevent up to 3,600 premature deaths and 90,000 childhood asthma attacks every year.
  • Average electric bills could decline by as much as 11 percent, due in part to cost-effective energy efficiency measures.
  • Existing power plants’ carbon dioxide pollution will fall approximately 32 perent from 2005 levels. The U.S. has already achieved about two-thirds of that reduction.

Under EPA’s methane pollution standards for new oil and gas operations:

  • Methane pollution will be reduced by 510,000 short tons in 2025, which has the same 20-year climate benefit as closing 11 coal-fired power plants or taking 8.5 million cars off the road.
  • Less natural gas will be wasted, preserving America’s natural resources.
  • These common-sense limits on methane will also reduce 210,000 tons of dangerous smog-forming pollution and 3,900 tons of toxic, carcinogenic pollutants like benzene in 2025.
  • These clean air standards are extremely cost-effective.
  • These standards will also boost America’s vibrant methane mitigation industry—which is already creating jobs and investment in at least 500 different locations across 46 states, especially in major energy-producing states like Texas, Oklahoma, Ohio, and Pennsylvania.

The protections that flow from Massachusetts v. EPA are helping to yield a safer climate for our children, protect the health of our communities, save energy and money for families across America, and build a prosperous clean energy economy. It is not surprising that these safeguards have broad support across red, blue and purple America. In every Congressional district, a majority of adults supports limiting carbon dioxide emissions from existing coal-fired power plants.

Scott Pruitt Is Evading his Obligations under Massachusetts v. EPA

Unfortunately, EPA Administrator Scott Pruitt is trying to evade his obligation to address climate pollution. Since taking his oath as Administrator, Pruitt has repeatedly tried to sow doubt as to whether climate pollution should be regulated under the Clean Air Act — demonstrating a profound disregard for the Supreme Court’s holding in Massachusetts.

Make no mistake – EPA’s obligation to address climate pollution under the Clean Air Act is a settled question in American law.

Climate Pollution Meets the Definition of “Air Pollutant” under the Clean Air Act

Under the Bush Administration, EPA argued that climate pollutants could not be “air pollutants” under the Clean Air Act on the convoluted grounds that “EPA lacks regulatory authority to address global climate change.”

But in Massachusetts, the Supreme Court held that “the Clean Air Act’s sweeping definition of ‘air pollutant’” clearly authorizes EPA to regulate climate pollution.

Moreover, the Court recognized that the Clean Air Act was intentionally written with “broad language … to confer the flexibility necessary to” meet challenges like climate pollution, and EPA cannot dodge its obligations with “policy judgments … [that] have nothing to do with whether greenhouse gas emissions contribute to climate change.”

In other words, EPA has to base its actions on law and science, not politics.

Massachusetts involved a petition to regulate pollution from motor vehicles, but the Supreme Court has repeatedly affirmed that climate pollution from other sectors, including power plants, is also subject to Clean Air Act regulation.

In American Electric Power v. Connecticut (AEP), the Court determined:

Massachusetts made plain that emissions of carbon dioxide qualify as air pollution subject to regulation under the Act … And we think it equally plain that the Act ‘speaks directly’ to emissions of carbon dioxide from the … [power] plants.

The Court went on to identify a specific section of the Clean Air Act under which EPA could issue such protections. EPA subsequently finalized pollution limits — including the historic Clean Power Plan — under that very section.

A few years after AEP, in Utility Air Regulatory Group v. EPA, the Court stood by its finding that the Clean Air Act covered climate pollution from power plants and held that new and modified industrial facilities must also limit their climate pollution.

Administrator Pruitt has publicly doubted whether EPA has the “tools” under the Clean Air Act to address climate change. This is just a feeble variation of the George W. Bush Administration’s stale claim rejected by the Supreme Court a decade ago. In fact, the Supreme Court has recognized that multiple programs under the Clean Air Act are suitable for addressing climate pollution — and EPA has adopted several achievable, common-sense climate safeguards that are already protecting American communities while supporting cost-saving efficiencies. Administrator Pruitt is invoking long-discredited arguments to avoid responsibility for addressing life-threatening pollution.

The Science of Climate Change is Clear

A few weeks ago, Administrator Pruitt told CNBC that he “would not agree that [carbon dioxide is] a primary contributor to the global warming that we see.”

But as far back as Massachusetts, the Supreme Court found that “[a] well-documented rise in global temperatures has coincided with a significant increase in the concentration of carbon dioxide in the atmosphere” as recognized by “[r]espected scientists” and called carbon dioxide “the most important species … of a ‘greenhouse gas.’”

Following Massachusetts, EPA initiated a rigorous, scientific, peer-reviewed analysis of the effects of carbon dioxide and five other climate pollutants. In 2009, after reviewing an expansive body of scientific evidence reflecting hundreds of peer reviewed studies, EPA determined that the pollutants:

[M]ay reasonably be anticipated to endanger public health and to endanger public welfare.

EPA’s determination, or Endangerment Finding, was resoundingly upheld in the U.S. Court of Appeals for the District of Columbia Circuit in Coalition for Responsible Regulation v. EPA, based largely on the “substantial record evidence that anthropogenic emissions of greenhouse gases ‘very likely’ caused warming of the climate over the last several decades.”

In the CNBC interview, Administrator Pruitt offered no evidence to support his views about carbon dioxide and climate change. That’s unsurprising because the scientific evidence is not on his side. As EPA observed in its 2015 carbon dioxide standards for new power plants, since the Endangerment Finding was finalized:

The facts, unfortunately, have only grown stronger and the potential adverse consequences to public health and the environment more dire.

The science overwhelmingly shows that climate pollution is causing dangerous climate change. EPA has a statutory obligation to address it under the Clean Air Act.

The Clean Air Act is a Statute to Protect Public Health and the Environment

Massachusetts prohibited EPA from touting “some residual uncertainty” about climate science as an excuse for inaction. EPA must act if it can “mak[e] a reasoned judgment” that “greenhouse gases contribute to global warming.”

When a three-judge panel of the D.C. Circuit unanimously upheld EPA’s Endangerment Finding, it explained that the Clean Air Act’s:

[L]anguage requires a precautionary, forward-looking scientific judgment about the risks of a particular air pollutant, consistent with the [Act’s] precautionary and preventive orientation. Requiring that EPA find ‘certain’ endangerment of public health or welfare before regulating greenhouse gases would effectively prevent EPA from doing the job Congress gave it. (internal citations omitted)

The science, which was already clear when the Supreme Court decided Massachusetts in 2007, has only grown clearer in the intervening decade. For instance:

  • Since record keeping began in 1880, the five hottest years globally have all occurred since 2007.
  • Sea levels have risen at increasing rate.
  • The ten summers with the lowest minimum Arctic sea ice extent coincide exactly with the ten summers since Massachusetts was decided. And 2017 has already attained a grim status as the third consecutive year with a record low extent of winter Arctic sea ice.
  • In February 2007, atmospheric carbon dioxide averaged 383.90 parts per million. In February 2017, it averaged 406.42 ppm. The years 2015 and 2016 saw the two biggest annual increases ever recorded.

The Clean Air Act does not require us to watch idly as coastlines disappear, increased instanced of extreme weather such as severe flooding and superstorms cause loss of life and alter lives forever, and more frequent heatwaves threaten vulnerable populations like children and the elderly. It requires action. EPA has an obligation to act to protect public health and the environment by addressing climate pollution in order to reduce the tragic consequences of climate change, which are already unfolding.

The Legacy of Massachusetts v. EPA

Ten years on, Massachusetts v. EPA stands for EPA’s responsibility to address climate change based on law and science. Massachusetts also stands for the ability — and the imperative — to achieve victories for public health and the environment under adverse political conditions. With Administrator Pruitt at the helm of environmental policymaking in the U.S., we have no illusions about the challenges that lie ahead. But there will also be opportunities – opportunities to secure near-term reductions of dangerous pollution, and opportunities to lay the foundation for more progress in the years ahead, all anchored in law and science.

We can’t afford to let climate change accelerate unchecked for the next four years, and Massachusetts inspires us to keep working to protect all Americans from this clear and present danger.

Also posted in Cars and Pollution, Clean Air Act, EPA litgation, Greenhouse Gas Emissions, Policy| Comments are closed

10 Things You Should Know About the Clean Power Plan

Just hours after President Trump signed an executive order to weaken a wide range of America’s important climate and heath protections, the Administration filed a motion to delay the D.C Circuit court’s review of the Clean Power Plan case.

That’s only the first of what we expect will be many attacks on the Clean Power Plan – our only nationwide limit on climate pollution from power plants. However, the Clean Power Plan is popular with Americans across the country, and an extraordinarily broad and diverse group of leaders and experts from across America have announced their support for the Clean Power Plan since the executive order.

You’ll likely be hearing a lot about this story in the near future. While you follow the news, here are 10 things you should know about the Clean Power Plan.

1. The Clean Power Plan is expected to save thousands of lives and protect the health of Americans across the country. According to EPA’s analysis, when fully implemented the Clean Power Plan will:

    • Prevent up to 3,600 premature deaths each year
    • Prevent up to 1,700 heart attacks each year
    • Prevent up to 90,000 asthma attacks each year
    • Prevent up to 300,000 missed work days and school days each year

2. The Clean Power Plan’s pollution reduction targets are eminently achievable.

Carbon pollution from the power sector has decreased by more than 20 percent since 2005, meaning that we’re already more than two-thirds of the way toward meeting the Clean Power Plan standards for 2030. In fact, most states that are litigating against the Clean Power Plan are on track to meet these pollution limits. The Clean Power Plan is essential to ensure that this momentum is sustained and that power sector investments in clean energy are deployed in a way that maximizes their pollution reduction benefits.

3. The Clean Power Plan can reduce electricity bills for families.

The Clean Power Plan gives states and power companies tremendous flexibility in deciding how to meet the pollution reduction targets – including through cost-effective energy efficiency measures that save families money. Independent analyses of the Clean Power Plan have found that average bills could decline by as much as 11 percent as a result of these measures. That’s why leading consumer and ratepayer advocates, including Consumers Union, support the Clean Power Plan.

4. Our vibrant clean energy sector employs millions of Americans and it is thriving.

According to a recent assessment by Advanced Energy Economy, the United States clean energy sector is now a rapidly-growing, $200 billion industry that employs 3.3 million Americans.

5. Clean energy is creating economic opportunities in communities across the nation.

The American Wind Energy Association estimates that 70 percent of wind farms are located in low-income counties, and that wind developers currently pay $222 million a year in lease payments to U.S. farmers, ranchers and other rural landowners. AWEA also estimates that wind energy has created more than 25,000 manufacturing jobs in 43 states.

6. The Administration’s promises that revoking climate and clean air protections will bring back coal jobs are false, as the coal industry itself recognizes.

Independent analyses have found that employment in the coal industry has been falling steadily since 1975, due largely to changing methods of coal production and – in more recent years – by competition from inexpensive natural gas. These trends cannot be reversed by revoking the Clean Power Plan or other protections for clean air and clean water. Even coal company executives have acknowledged that the executive order can’t bring mining jobs back.

7. An extraordinarily broad and diverse coalition is supporting the Clean Power Plan in court.

This coalition includes, among others: eighteen states and sixty municipalities; power companies that own and operate nearly ten percent of the nation’s generating capacity; leading businesses like Amazon, Apple, Google, Mars, and IKEA; former Republican heads of EPA; public health and environmental organizations; consumer and ratepayer advocates; faith organizations; and many others.

8. Large majorities of Americans in red and blue states alike support reducing climate pollution from existing power plants.

According to a recent national poll, 69 percent of Americans support placing limits on climate pollution from existing power plants – including a majority of Americans in every Congressional district in the country.

9. The nation’s leading businesses support policies to reduce climate pollution.

Just this month, over 1,000 companies and investors called on the Trump Administration to continue low-carbon policies, noting that “failure to build a low-carbon economy puts American prosperity at risk” and that “the right action now will create jobs and boost U.S. competitiveness.”

10. The Clean Power Plan rests on a rock-solid legal foundation.

The Supreme Court has held on three separate occasions that Congress has vested EPA with the responsibility – and the tools – to reduce carbon pollution under the Clean Air Act. Numerous legal experts –  including drafters of the Clean Air Act, former EPA Administrators who served under Presidents Nixon, Reagan, and Bush, and former state energy and environmental officials – have affirmed the strong legal basis for the Clean Power Plan 

Attacks on the Clean Power Plan and our other clean air protections present an unprecedented attack on our children’s health. It takes our nation backwards – to more pollution, more disease – even though Americans support forward progress towards clean air and clean energy.

Also posted in Economics, Policy, Setting the Facts Straight| Comments are closed

Scott Pruitt Peddles Junk Science to Serve Trump’s Anti-Climate Agenda

This week has brought alarming indications that the Trump Administration is poised to roll back life-saving, common-sense climate protections with no plan for replacing them — and that the head of the U.S. Environmental Protection Agency (EPA) rejects basic facts about climate change and the clean air laws he is charged with carrying out.

These developments fundamentally threaten efforts to address climate change – the direst environmental challenge of our time.

News reports say that President Trump is on the verge of signing an executive order aimed at revoking the Clean Power Plan – the only national limits on climate-destabilizing carbon pollution from existing power plants, which are our nation’s largest source of these emissions.

EPA Administrator Scott Pruitt did an interview with CNBC in which he made the wildly inaccurate statement that there’s “tremendous disagreement” about the role climate pollution plays in climate change, and said that he does “not agree that [carbon dioxide] is a primary contributor to the global warming that we see.”

And in a second interview, on Fox Business, Pruitt questioned whether EPA has “the tools in the tool box to address [climate change],” and said “Congress has never spoken on this issue” — even though the Supreme Court has determined that the Clean Air Act, which was passed by Congress, does provide those “tools.”

Pruitt does not have a scientific background — just an extensive history of bringing highly politicized lawsuits against environmental protections, and of using his public office on behalf of the fossil fuel interests that have helped fund his political career.

His statements are not just false and misleading representations of climate science. They also call into question whether he can faithfully discharge his clear responsibility under our nation’s clean air laws to protect the public from climate pollution.

Pruitt Is Wrong on Climate Science

The U.S. government’s leading scientific agencies have conclusively determined that climate change is “due primarily to human activities” and is already manifesting itself in rising sea levels, heat waves, more intense storms, and other severe impacts felt by communities across the country.

Just in the last year, respected scientists have reported that the impact of human emissions on climate change is evident in February heat waves, devastating Louisiana storms, and flooded coastal communities.

Contrary to Pruitt’s statement that there’s “tremendous disagreement” about human impacts on climate, there is overwhelming scientific consensus that human emissions of carbon dioxide are destabilizing our climate. This consensus has been affirmed by many of our nation’s most respected scientists and scientific institutions, including:

NASA

Humans have increased atmospheric CO2 concentration by more than a third since the Industrial Revolution began. This is the most important long-lived ‘forcing’ of climate change. – NASA website

The planet’s average surface temperature has risen about 2.0 degrees Fahrenheit (1.1 degrees Celsius) since the late 19th century, a change driven largely by increased carbon dioxide and other human-made emissions into the atmosphere. – NASA press release

U.S. National Academy of Sciences

Direct measurements of CO2 in the atmosphere and in air trapped in ice show that atmospheric CO2 increased by about 40% from 1800 to 2012. Measurements of different forms of carbon … reveal that this increase is due to human activities. Other greenhouse gases (notably methane and nitrous oxide) are also increasing as a consequence of human activities. The observed global surface temperature rise since 1900 is consistent with detailed calculations of the impacts of the observed increase in atmospheric CO2 (and other human-induced changes) on Earth’s energy balance. – Climate Change: Evidence & Causes, page 5 (issued jointly with the Royal Society)

U.S. Global Change Research Program

Evidence from the top of the atmosphere to the depths of the oceans, collected by scientists and engineers from around the world, tells an unambiguous story: the planet is warming, and over the last half century, this warming has been driven primarily by human activity — predominantly the burning of fossil fuels. – U.S. Global Change Research Program website

More than 800 Earth Scientists (in a letter to then-President-Elect Donald Trump)

Publicly acknowledge that climate change is a real, human-caused, and urgent threat. If not, you will become the only government leader in the world to deny climate science. Your position will be at odds with virtually all climate scientists, most economists, military experts, fossil fuel companies and other business leaders, and the two-thirds of Americans worried about this issue. – scientists’ letter

Pruitt either refuses to accept this science, or is unaware of it – and either possibility presents a huge problem for the nation’s top environmental official.

Pruitt Has a Legal Obligation to Protect the Public from Climate Pollution

Pruitt’s assertions that “Congress has not spoken” on climate change and that EPA may lack the “tools” to address the issue show that he is just as wrong on the law as he is on climate science.

Our nation’s clean air laws require EPA to protect public health and well-being from all forms of dangerous pollution, and the Supreme Court has recognized on three separate occasions that this responsibility clearly applies to carbon dioxide and other climate-destabilizing pollutants. Contrary to Pruitt’s comments, the courts have consistently found that Congress has directly “spoken” to the issue of climate change by vesting EPA with broad responsibility and tools to address this and other emerging threats to human health and welfare.  And EPA has, in fact, put these tools into practice over the last few years by establishing common-sense protections that are reducing pollution, protecting public health, and strengthening our economy – including fuel efficiency and emission standards for cars and trucks, emission standards for power plants, and standards for oil and gas facilities.

In Massachusetts v. EPA, decided a decade ago, the Supreme Court found “without a doubt” that EPA is authorized to regulate carbon dioxide and other climate pollutants under the Clean Air Act:

Because greenhouse gases fit well within the Clean Air Act’s capacious definition of ‘air pollutant,’ we hold that EPA has the statutory authority to regulate the emission of such gases from new motor vehicles. — Massachusetts v. EPA, 2007

The Supreme Court then ordered EPA to make a science-based determination as to whether carbon dioxide and other climate pollutants endanger public health and welfare. In 2009 – after an exhaustive review of the scientific literature and over 380,000 public comments – EPA released its nearly 1,000-page finding that climate pollutants posed such a danger.

The U.S. Court of Appeals for the D.C. Circuit unanimously upheld this finding against a barrage of legal attacks by polluters and their allies (including a lawsuit by Scott Pruitt, who was then Attorney General of Oklahoma). The Supreme Court allowed that decision to stand without further review.

Two years after EPA made its determination, the Supreme Court unanimously decided in American Electric Power v. Connecticut that section 111(d) of the Clean Air Act – the provision that EPA relied upon in issuing the Clean Power Plan – clearly authorizes EPA to regulate emissions from existing power plants:

[Massachusetts v. EPA] made plain that emissions of carbon dioxide qualify as air pollution subject to regulation under the Act … And we think it equally plain that the [Clean Air] Act ‘speaks directly’ to emissions of carbon dioxide from the defendants’ plants. – American Electric Power v. Connecticut (2011)

And in Utility Air Regulatory Group v. EPA in 2014 the Supreme Court once again affirmed EPA’s responsibility to address climate pollution by finding that the Clean Air Act requires new and modified industrial facilities to adopt limits on climate pollution. Notably, at the oral arguments in both American Electric Power v. Connecticut and Utility Air Regulatory Group v. EPA, attorneys for some of the same coal-based power companies that now oppose the Clean Power Plan recognized EPA’s authority to regulate climate pollution from power plants.

As George W. Bush’s former EPA Administrator, Christine Todd Whitman, said in a recent interview:

I think, as a matter of law, that carbon is a pollutant has been settled. – (Climatewire, The Clean Power Plan is gone — and there's no 'replace' – March 9, 2017)

Notably, Scott Pruitt told the Senate under oath that he would abide by this framework. He specifically said that Massachusetts v. EPA and the Endangerment Finding are the “law of the land” and that “the endangerment finding is there and needs to be enforced and respected.” Pruitt ought to keep that testimony in mind should he try to attack the bedrock legal principles requiring EPA to protect the public from harmful climate pollution.

The Facts Are Clear

There is scientific consensus that human emissions of carbon dioxide and other climate pollutants are driving dangerous climate change. And under our nation’s clean air laws, EPA is required to protect Americans from this pollution – a responsibility that Pruitt’s predecessors have carried out by taking common-sense, cost-effective steps to reduce pollution from power plants, cars and trucks, oil and gas facilities, and other sources.

It’s outrageous and unacceptable that the principal federal official charged with carrying out this solemn responsibility is relying on “alternative facts” peddled by climate deniers to shirk his responsibility under the law.

 

Also posted in Basic Science of Global Warming, Clean Air Act, Energy, Extreme Weather, Greenhouse Gas Emissions, News, Policy, Science, Setting the Facts Straight| Read 3 Responses

These Facts Underscore Why the Clean Power Plan is the Right Path Forward for America

18 states, the District of Columbia, 60 municipalities and 11 utilities have filed in support of the Clean Power Plan

18 states, the District of Columbia, 60 municipalities and 11 utilities have filed in support of the Clean Power Plan

According to news reports, we may soon see an executive order designed to make the U.S. Environmental Protection Agency (EPA) revoke the Clean Power Plan, America’s first-ever nationwide limits on carbon pollution from power plants.

Revoking the Clean Power Plan would be monumentally bad public policy, placing our families and communities at greater risk from the dangers of climate change and threatening America's vibrant clean energy potential.

But to fully understand all the reasons revoking the Clean Power Plan is the wrong choice, it’s important to dig into the facts – which demonstrate that the Clean Power Plan is broadly supported, bolsters economic vitality, and fosters America's tremendous momentum in reducing carbon pollution from the power sector.

It’s especially important to dig into the facts now, because we can’t have confidence in what we’ll hear from EPA Administrator Scott Pruitt whenever this announcement is made.

  • Yesterday, in an interview with CNBC, Pruitt denied that carbon dioxide is a primary contributor to global warming — contradicting NASA, VOAA, and well-settled science. Pruitt is known for mischaracterizing the science of climate change, doubling down in his written Senate testimony on some of the most widely debunked and discredited arguments put forward by climate skeptics.
  • Pruitt has also repeatedly mischaracterized EPA’s rock-solid legal authority to address climate pollution – even though it’s supported by three straight Supreme Court opinions affirming that duty.
  • Last week, it emerged that he misled the Senate during his confirmation process by falsely stating that he did not use his personal email account for official business.

Pruitt also has a long history of interwoven ties with big fossil fuel interests that stand to gain from undercutting common sense protections like the Clean Power Plan. He’s even been identified as leading an “unprecedented, secretive alliance” with them to oppose important safeguards.

So let's dig in to the real facts on the Clean Power Plan, and better understand what's at stake:

The Clean Power Plan Has Broad, Diverse Support Across the Country

The Clean Power Plan would reduce climate-destabilizing pollution from power plants – our nation’s largest source of this pollution – to 32 percent below 2005 levels by 2030.

It would save lives and protect public health as well, avoiding an estimated 3,600 premature deaths, 90,000 childhood asthma attacks, and 300,000 missed school and work days each year by 2030.

Its approach reflects the power sector’s already ongoing, market-driven transition to low cost, low carbon electricity, and is firmly anchored in law.

So it’s not surprising that it enjoys widespread support. In court, the Clean Power Plan is supported by a broad and diverse coalition that includes eighteen states and sixty municipalities across the country; power companies that own and operate nearly ten percent of the nation’s generating capacity; leading businesses like Apple, Google, Mars, and IKEA; public health and environmental organizations; consumer and ratepayer advocates; faith organizations; and many others.

Since November 2016, nearly 900 businesses and major investors have called on the new Administration to continue policies that address climate pollution —underscoring that “failure to build a low-carbon economy puts American prosperity at risk.” Signatories include DuPont, Gap Inc., General Mills, Hewlett Packard, Hilton, IKEA, Johnson & Johnson, The Kellogg Company, Levi Strauss & Co., L’Oreal USA, NIKE, Mars Incorporated, Pacific Gas and Electric, Schneider Electric, Sealed Air, Starbucks, Unilever, and many others. These signatories collectively earn almost $1.15 trillion in annual revenue, are headquartered across 44 states, and employ about 1.8 million people.

Large majorities of Americans, in red and blue states alike, support the Clean Power Plan and other actions to protect our families and communities from climate pollution. In a recent nationwide poll, 70 percent of Americans expressed support for the Clean Power Plan – including two-thirds of respondents in states that are challenging these vital protections.

Low-Carbon Energy Helps Fuel a Vibrant Economy

Reducing carbon pollution will create jobs and economic benefits across the country.

For everyday consumers, the Clean Power Plan incentivizes energy efficiency investments that save money. EPA estimates that by 2030, the average American family will save approximately $85 every year on their electric bill.

It also bolsters use of low-carbon power sources — which are already driving growth and vitality across the country. More than two million Americans now work in energy efficiency jobs, while solar and wind employ almost half a million people. Collectively, this represents more than twice the number of Americans employed through fossil fuel generation.

Clean energy investments frequently create jobs in low-income and rural communities that stand to benefit most. The American Wind Energy Association estimates that 70 percent of wind farms are located in low-income counties, and that wind developers currently pay $222 million a year in lease payments to U.S. farmers, ranchers and other rural landowners. The bi-partisan Governors’ Wind and Solar Coalition, led by Rhode Island Governor Gina Raimondo and Kansas Governor Sam Brownback, recently sent a remarkable letter to President Trump highlighting the impressive contributions of wind and solar to the American economy —particularly to low-income rural communities.

The Clean Power Plan Builds on — and Secures the Promise of — America’s Transition to Low-Carbon Energy

The Clean Power Plan’s targets are eminently achievable thanks to the powerful expansion of low-cost clean energy, which is increasingly out-competing other sources of electricity in the market. Rolling back the Clean Power Plan puts at risk America’s tremendous momentum and progress in reducing carbon pollution from the power sector.

Carbon pollution from the power sector has decreased by more than 20 percent since 2005, meaning that we’re already about two-thirds of the way toward meeting the Clean Power Plan requirements for 2030. In fact, most states that are litigating against the Clean Power Plan are on track to meet its requirements. Having the Clean Power Plan in place provides a policy framework and establishes an important, stable signal for investors—one that’s essential to make sure we build on the progress so far, and make strategic, sensible decisions for the long-term.

Clean energy is increasingly out-competing other sources of electricity — in particular, the market is seeing a surge in renewable energy development. One report estimated that 85 gigawatts of new wind and solar generation capacity will be added to the grid between 2016 and 2021. Thanks to dramatically declining costs, a recent extension of federal tax credits, and sustained technological advances, low carbon electricity is the increasingly preferred energy source. For example, from 2007 through 2015 alone, the price of solar photovoltaic modules fell by more than 80 percent. Meanwhile, coal-powered electricity is increasingly uneconomic compared to other forms of electricity, even without considering its substantial carbon pollution burden.

Consider these statements from power sector officials affirming their commitment to greater reliance on low-carbon power sources – made after the Nov. 2016 election:

  • “It can't just be, ‘We're going to get rid of these regulations, and you guys can party until the next administration comes,’” Cloud Peak Energy Vice President Richard Reavey said. “There are serious global concerns about climate emissions. We have to recognize that's a political reality and work within that framework.”
  • “We've always had a point of view at Southern that there's a reasonable trajectory in which to move the portfolio of the United States to a lower carbon future,” said Southern Company CEO Tom Fanning. “There's a way to transition the fleet now.” In a later interview, Fanning added: “It's clear that the courts have given the EPA the right to deal with carbon in a certain way.”
  • “Regardless of the outcome of the election,” said Frank Prager, Xcel Energy’s Vice President of Policy and Federal Affairs, “Xcel Energy will continue pursuing energy and environmental strategies that appeal to policymakers across the political spectrum because we are focused on renewable and other infrastructure projects that will reduce carbon dioxide emissions without increasing prices or sacrificing reliability.”

And consider these actions by power companies to expand their renewable investments while phasing out high-carbon generation, putting them in a solid position to comply with robust carbon pollution regulations:

  • Florida Power & Light (FPL) just announced it will install eight new solar power plants this year, building on its existing plants to expand reliance on low-carbon power sources. At the end of December 2016,  FPL announced plans to shut down the recently-acquired 250-megawatt Cedar Bay coal plant at the end of the year. “I'm very proud of our employees for proposing this innovative approach that's environmentally beneficial and saves customers millions of dollars,” said CEO Eric Silagy. FPL plans to replace the retired power with natural gas and solar — the company added 224 megawatts of solar capacity in 2016.
  • On December 30, 2016, Southern Company announced an agreement with Renewable Energy Systems America to develop 3,000 megawatts of renewable energy scheduled to come online between 2018 and 2020. The agreement comes as Southern Company continued to boost its renewable portfolio with the acquisition of 300 megawatts of wind power in late December, bringing its total to more than 4,000 megawatts of renewable generation added or announced since 2012.
  • PNM Resources spokesman Pahl Shipley said the company has no change in plans for replacing generation from retiring two units at a New Mexico plant, totaling 837 megawatts of capacity, with solar and nuclear power.

These developments make clear that continued progress towards a low-carbon future is within reach. The Clean Power Plan provides a sensible framework to help ensure we protect our communities and achieve the tremendous potential of America’s low-cost, low-carbon electricity resources.

The Clean Power Plan Provides a Path Forward that Will Protect and Strengthen American Communities

Let’s hope Scott Pruitt listens to the facts – and turns away from wrong-headed plans to stymie common sense climate protection. Moving forward on the Clean Power Plan will ensure the continuation of tremendous momentum towards a low-carbon future, save lives and improve public health, and help protect American families and communities from the worst ravages of climate change.

The Clean Power Plan is the right path forward for a stronger and safer America.

 

 

 

 

Also posted in Clean Air Act, EPA litgation, News, Policy, Setting the Facts Straight| Comments are closed

EPA Has the Responsibility and the Tools to Address Climate Pollution Under the Clean Air Act

(EDF Attorney Ben Levitan co-authored this post)

It’s barely a week since Scott Pruitt was confirmed as EPA Administrator, and he has already provided yet another indication of why he has no business leading the agency.

In an interview with The Wall Street Journal, Pruitt says he wants to undertake a “careful review” as to whether EPA has the “tools” to address climate change under the Clean Air Act. Pruitt further states that EPA should withdraw the Clean Power Plan – a vital climate and public health measure to reduce carbon pollution from the nation’s power plants – and instead wait for Congress to act on the issue of climate change.

Those statements are contrary to the law and disconnected from reality. As Pruitt surely knows, the federal courts – including three separate decisions of the Supreme Court – have made it abundantly clear that the Clean Air Act requires EPA to protect the public from dangerous pollutants that are disrupting our climate. The courts have repeatedly rejected Pruitt’s theory that climate pollution is an issue that only Congress can address through new legislation.

Over the last eight years, EPA has demonstrated that the Clean Air Act is an effective tool for addressing the threat of climate change — by putting in place common sense, highly cost-effective measures to reduce climate pollution from cars and trucks, power plants, oil and gas facilities, and other sources. These actions under the Clean Air Act are saving lives, strengthening the American economy, and yielding healthier air and a safer climate for our children.

Pruitt’s casual willingness to abandon that progress based on a discredited legal theory demonstrates deep contempt for the laws he is charged with administering and the mission of the agency he now leads.

EPA Is Legally Obligated to Address Climate Pollution

The Supreme Court has repeatedly held that EPA clearly has the authority and responsibility to address climate pollution under the Clean Air Act:

  • In Massachusetts v. EPA (549 U.S. 497, 2007), the Supreme Court held that climate pollutants plainly fall within the broad definition of “air pollutants” covered by the Clean Air Act. The Court ordered EPA to make a science-based determination as to whether those pollutants endanger public health and welfare (a determination that EPA ultimately made in 2009, and that has been upheld by the federal courts).
  • In American Electric Power v. Connecticut (564 U.S. 410, 2011), the Supreme Court held that the Clean Air Act “speaks directly” to the problem of climate pollution from power plants.
  • In Utility Air Regulatory Group v. EPA (134 S. Ct. 2427, 2014), the Supreme Court held that the Clean Air Act obligated EPA to address climate pollution from new and modified industrial facilities.

In Massachusetts v. EPA, the Bush Administration’s EPA made — and the Supreme Court rejected —Pruitt’s same argument that EPA lacks the authority and tools to address climate pollution.

The Supreme Court said in no uncertain terms that:

The statutory text forecloses EPA’s reading … Because greenhouse gases fit well within the Clean Air Act’s capacious definition of ‘air pollutant,’ we hold that EPA has the statutory authority to regulate the emission of such gases from new motor vehicles. (emphasis added)

The Supreme Court went on to explain that – contrary to what Pruitt is now saying – Congress intended to provide EPA with the tools it needed to address new air pollution challenges, including climate change:

While the Congresses that drafted [the Clean Air Act] might not have appreciated the possibility that burning fossil fuels could lead to global warming, they did understand that without regulatory flexibility, changing circumstances and scientific developments would soon render the Clean Air Act obsolete. The broad language [of the Act] reflects an intentional effort to confer the flexibility necessary to forestall such obsolescence. (emphasis added)

The Court also found that nothing about climate pollution distinguishes it from other forms of air pollution long regulated under the Clean Air Act. It rejected the Bush Administration’s attempt to argue that climate pollution is somehow “different,” saying that theory was a “plainly unreasonable” reading of the Clean Air Act and “finds no support in the text of the statute.”

That was the law under the Bush Administration – and it remains the law today. It is a binding, rock-solid precedent regardless of who is running EPA at any given time.

Pruitt ought to know all this, because he was one of the Attorneys General who joined polluters and their allies in challenging EPA’s determination that climate pollution endangers public health and welfare.

That 2009 determination was in response to Massachusetts v. EPA, and it was based on an immense body of authoritative scientific literature as well as consideration of more than 380,000 public comments. Yet in their legal challenge to the determination, Pruitt and his allies again argued that EPA should have declined to make an endangerment finding based on the supposed difficulty of regulating climate pollution under the Clean Air Act.

A unanimous panel of the D.C. Circuit rejected those claims, finding that:

These contentions are foreclosed by the language of the statute and the Supreme Court’s decision in Massachusetts v. EPA … the additional exercises [state and industry challengers] would have EPA undertake … do not inform the ‘scientific judgment’ that [the Clean Air Act] requires of EPA … the Supreme Court has already held that EPA indeed wields the authority to regulate greenhouse gases under the CAA. (Coalition for Responsible Regulation v. EPA, 684 F.3d 102, D.C. Cir. 2012, emphasis added)

The Supreme Court did not even regard further challenges to the endangerment finding as worthy of its review. (See Order Denying Certiorari, Sub Nom Virginia v. EPA, 134 S.Ct. 418, 2013)

Pruitt’s suggestion that EPA should stop applying the Clean Air Act’s protections to an important category of pollutants – greenhouse gases – amounts to a repeal of Congress’s core judgment that all air pollutants that cause hazards to human health and the environment need to be addressed under the Clean Air Act. It is an audacious and aggressive effort to alter the Clean Air Act in a way that Congress has never done (and has specifically declined to do when such weakening amendments have been proposed).

EPA Has Established a Strong Record of Successful Climate Protections

Pruitt’s statements also ignore the pragmatic way in which EPA has carried out its legal obligations to address climate pollution. Since Massachusetts v. EPA was decided, EPA has issued common sense, cost-effective measures for major sources of climate pollution – including power plants; cars and trucks; the oil and gas sector; and municipal solid waste landfills.

These actions demonstrate that Pruitt is flatly wrong to suggest that EPA lacks the “tools” to address climate change under the Clean Air Act. They include:

  • The Clean Power Plan will reduce carbon pollution from the nation’s power plants to 32 percent below 2005 levels by 2030, while providing states and power companies with the flexibility to meet their targets through highly cost-effective measures – including shifting to cleaner sources of generation and using consumer-friendly energy efficiency programs that would reduce average household electricity bills by $85 per year. The Clean Power Plan will protect public health too, resulting in 90,000 fewer childhood asthma attacks, 300,000 fewer missed school and work days, and 3,600 fewer premature deaths every year by 2030. The value of these health benefits alone exceeds the costs by a factor of four, and the climate benefits are roughly as large.
  • EPA’s standards for cars and other light-duty vehicles, will save the average American family $8,000 over the lifetime of a new vehicle through reduced fuel costs – while saving 12 billion barrels of oil and avoiding 6 billion metric tons of carbon pollution. A recent analysis by EPA and the U.S. Department of Transportation found that manufacturers are reaching these standards ahead of schedule and at a lower cost than originally anticipated.
  • The most recent Clean Truck Standards, which were finalized in August 2016, will save truck owners a total of $170 billion in lower fuel costs, ultimately resulting in $400 in annual household savings by 2035 – while also reducing carbon pollution by 1.1 billion tons over the life of the program. These benefits are one reason why the Clean Truck Standards have broad support from manufacturers, truck operators, fleet owners and shippers.
  • EPA’s methane emission standards for new and modified oil and gas facilities, finalized in June 2016, will generate climate benefits equivalent to taking 8.5 million vehicles off the nation’s roads – while having minimal impact on industry.

When Scott Pruitt suggests that the Clean Air Act is a poor fit for regulating climate pollution, he overlooks the clear command of the statute, as confirmed repeatedly by the Supreme Court. He also ignores EPA’s successful history of issuing regulations that protect the environment while promoting significant health and economic benefits.

Pruitt might try to distort the truth in an effort to wipe climate protections off the books — subjecting our children and grandchildren to the dire health, security and economic effects of unlimited climate pollution in the process. But the law and the facts are not on his side.

EPA must address climate pollution under the Clean Air Act, and it has the tools to do so effectively.

Also posted in Cars and Pollution, Clean Air Act, EPA litgation, News, Policy| Comments are closed
  • About this blog

    Expert to expert commentary on the science, law and economics of climate change and clean air.

  • Get blog posts by email

    Subscribe via RSS

  • Categories

  • Meet The Bloggers