Selected category: Clean Power Plan

After the Supreme Court’s Unexplained, Unexpected and Unprecedented Order — America’s Safer, Cleaner Power Supply is Moving Full Steam Ahead

Supreme Court of the United States

Supreme Court of the United States

Last night’s Supreme Court’s decision to temporarily stay implementation of the Clean Power Plan was unexpected, and the ruling is, as counsel for one of the lead challengers acknowledged, “unprecedented.” Indeed, the Supreme Court itself found in a landmark 2011 case that the Clean Air Act “speaks directly” to carbon pollution from existing power plants.

The D.C. Circuit is now carefully reviewing the merits of the case on an expedited basis and has not concluded its review – but across America, states and leading companies know that we must reduce climate-destabilizing pollution from the power sector, and the Court’s actions will not slow down America’s race to protect our communities, our children and our economic well-being.

That race is driven by developments far broader and deeper than a temporary setback in litigation. There is every reason for our nation to work together to prepare for, and meet, pollution reduction requirements under America’s Clean Power Plan.

Across the country, low-carbon, low-cost energy resources are already coming online at historic rates. We’re cleaning up the soot and smog emissions from our power system, and providing healthier longer lives and cleaner power for millions of Americans. Numerous states and leading power companies have been pursuing a flexible system-wide approach to cutting carbon emissions for years, harnessing opportunities to save money, reduce air pollution, and build our clean energy economy. America’s race to cleaner power is moving full steam ahead.

As for the Clean Power Plan – safeguards that are supported by millions of Americans – the Supreme Court’s February 9th stay order is far from the final word. As a number of state attorneys general, leading power companies, state air pollution control officials, and legal experts have recognized, the Clean Power Plan rests on a solid legal foundation and is anchored in a rigorous technical record.

We believe that when the court examines the merits in light of the extensive, compelling technical record supporting the Clean Power Plan, with full briefing and oral argument –- a review it did not conduct before issuing the February 9th order – it will uphold these critical protections for climate and public health, and they will go into effect as scheduled in 2022.

In the meantime, America will make sure it is ready by continuing to make progress in cutting dangerous carbon pollution — bringing more than 100 GW of new wind, solar, and other renewable generation online in the next six years, and offsetting generation from more than 80 coal-fired power plants — all while forging economic prosperity.

Clean Energy Is Powering America Today

The transition to secure cleaner, low-carbon power is already well underway. In total, natural gas and clean power such as wind and solar have accounted for 94 percent of all new generation since 2000.  In recent years, these trends have been tipping more and more in favor of zero-carbon clean power, offsetting more and more carbon pollution. Indeed, market experts project that zero-carbon generation will account for more than 75 percent of new generation in 2016.

Behind these trends has been a steady decline in the cost of low- and zero-carbon electricity generating resources. Perhaps the most staggering changes are to be found in the solar industry, where prices have been falling for decades as the industry has matured, in part due to sustained investments here in the United States and abroad.

Since 2007 alone, the price of solar photovoltaic (PV) modules has fallen by more than 80 percent, and many industry analysts are projecting that these declines will continue. Meanwhile, sustained improvements in wind technology continue to reduce costs and increase capacity factors, while expanding opportunities across the nation

The very recent extension of the federal tax credits for renewables will be a further catalyst for zero carbon generation.

This new development will contribute to an expected wave of more than 100 GW of new renewables added to the grid between 2016 and 2021, which would offset generation from more than 80 coal-fired power plants. Power companies and state policymakers are recognizing and seizing the tremendous economic opportunity to secure these clean least-cost investments that will position their grid and their customers well to achieve vital reductions of carbon pollution.

America Has A Strong Time Tested History of Making Continuous Progress to Cut Dangerous Pollution from Power Plants While Growing Our Economy

America has long made continuous progress in reducing emissions from the power sector, while maintaining a low-cost and reliable electricity supply. Mercury levels in fish — the source of serious health risks, particularly for children — have been cut substantially in recent years as toxic emissions from power plants have declined. The Environmental Protection Agency’s (EPA) recent program to address cross-state air pollution will reduce soot- and smog-forming sulfur dioxide emissions by 73 percent and nitrogen oxide emissions by 54 percent from power plants in the eastern half of the U.S.

A separate standard will dramatically reduce mercury and other hazardous emissions from power plants, while also reducing soot-forming emissions by nearly twenty percent.  At the same time, the Supreme Court’s recent decision to remove market barriers to certain energy efficiency programs unleashes a powerful opportunity to build a power system that avoids emissions in the first place.

These pollution reductions have tremendous benefits for our communities — they are saving lives, protecting children from asthma attacks, improving public health and fostering the transition to fundamentally cleaner, safer power. At the same time, this progress is driving widespread interest in pollution-free electricity generation solutions that avoid pollution and also protect our climate.  America is already moving to cleaner, safer power to safeguard our communities from climate change and the array of harmful pollution discharged from aging, high emitting fossil fuel power plants

The Clean Power Plan Is Firmly Grounded in Law and Science

The Clean Power Plan has a firm anchor in our nation’s clean air laws and a strong scientific record.

The Supreme Court has affirmed three times that the Clean Air Act authorizes EPA to address climate-destabilizing carbon pollution.  In 2011, the Court affirmed that section 111(d) of the Clean Air Act –- the provision that underlies the Clean Power Plan — “speaks directly” to emissions of carbon pollution from existing power plants.

Indeed, the Supreme Court unanimously held that states harmed by climate change must look to EPA for protection rather than to common law remedies developed by federal courts. The Clean Power Plan is wholly consistent with the language of the Clean Air Act, and builds upon approaches that have been employed in other judicially-upheld Clean Air Act rules addressing the power sector.

Moreover, the Clean Power Plan rests on a rigorous, extensive technical record informed by nearly two years of public consultation, more than four million public comments, and multiple public hearings touching on nearly every aspect of the standards. Numerous key features were adopted specifically in response to comments by industry and the states on grid reliability, cost, and other issues.

The Clean Power Plan takes a flexible, cost-effective approach to addressing carbon pollution from the electricity sector — well in accord with the Supreme Court’s recognition, just last week in another major case, that the modern power system functions as “an interconnected grid of near-nationwide scope.”

A diverse coalition has joined with EPA to vigorously defend these historic safeguards in court. Eighteen states, the District of Columbia, numerous leading power companies, clean technology companies, and public health and environmental organizations have all partnered to vigorously defend the Clean Power Plan’s solid legal foundation. Twenty major municipalities across the country, from Houston to Grand Rapids and South Miami, are supporting the Clean Power Plan in court.

Moreover, a number of legal experts, law enforcement officials, and former regulators — including two former Republican Administrators of the EPA who are supporting the Clean Power Plan in the D.C. Circuit — have recognized that the Clean Power Plan is fully consistent with the Clean Air Act and represents a common-sense, cost-effective approach to pollution reduction.

Several of our nation’s most important clean air and clean energy safeguards have undergone legal wrangling before taking effect, such as the life-saving limits on smokestack pollution discharged cross-state to downwind communities, and the decision less than two weeks ago in which the Supreme Court fundamentally affirmed important clean energy provisions after damaging legal setbacks.

We are confident that the Clean Power Plan will prevail when considered based on a careful review of the merits, in light of the compelling technical record it is founded on — a review the Supreme Court did not undertake in issuing its February 9th stay order.

In the meantime, the race is on to secure a clean energy future, as many states and power companies have already been doing over the last several years. Nothing in the Supreme Court’s decision alters the imperative to reduce emissions of climate-altering pollution, and capture the economic benefits of near-term investments in clean power and energy efficiency.

And there is every reason for our nation to work together to prepare for and meet pollution reduction requirements under America’s Clean Power Plan — emissions reductions that take effect by 2022, long after any legal wrangling will be complete.

States Are Investing in Cleaner Power

All of these trends are already driving major reductions in carbon pollution. Carbon dioxide emissions from the US power sector hit a 27-year low last April, the lowest amount for any month since April 1988. Overall, the power sector has already reduced emissions of carbon pollution to 15 percent below 2005 levels, and a number of states have achieved even deeper cuts in recent years. From 2005 to 2012 alone, 16 states reduced carbon dioxide emissions from the power sector by at least 25 percent, and nine states actually reduced emissions by more than 40 percent.

These trends are intersecting with a period of dramatic transformation in the electricity grid. Power companies are expected to invest an estimated $2 trillion in new generation, transmission, and distribution infrastructure between 2010 and 2030 in order to modernize aging generating facilities and grid systems.

Smart states and power companies will continue to take this opportunity to make forward-looking investments that harness our dynamic clean energy economy, cut carbon pollution, and avoid the risk that comes from doubling-down on outdated, dirty technologies that will become stranded in the near future.

America is securing healthier air, a safer climate, and a more resilient and affordable electricity grid — all while growing our economy. All evidence points to this race only accelerating and states and companies achieving and exceeding our nation’s targets for reducing destabilizing carbon pollution. And that’s great news for our public health, our climate security and our economy.

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The Broad and Diverse Coalition That Is Supporting the Clean Power Plan in Court

Minneapolis -- one of 14 cities and counties that just announced legal support for the Clean Power Plan.

Minneapolis — one of 14 cities and counties that just announced legal support for the Clean Power Plan. Source Flickr/m01229.

The National League of Cities, the U.S. Conference of Mayors, and the cities of Baltimore (MD), Coral Gables (FL), Grand Rapids (MI), Houston (TX), Jersey City (NJ), Los Angeles (CA), Minneapolis (MN), Portland (OR), Pinecrest (FL), Providence (RI), Salt Lake City (UT), San Francisco (CA), West Palm Beach (FL) and Boulder County (CO) all filed a motion with the U.S. Court of Appeals for the D.C. Circuit to help defend the Clean Power Plan as amici curiae  — or “friends of the court.” (The news was announced by the Sabin Center for Climate Change Law at Columbia University Law School – you can read their press release here.)

According to the motion filed by the cities:

The Local Government Coalition and its member national associations and local governments seek to participate as amici curiae to support their common view that the Clean Power Plan is a valid exercise of EPA’s authority and represents a reasonable interpretation of the ‘best system of emissions reduction’ standard established under Section 111(d) of the Clean Air Act. (Page 8)

That impressive group of cities joins a tremendously broad group of entities that are standing up for the Clean Power Plan. Some of these groups, including EDF, are parties to the case; others have filed as friends of the court or have filed supportive declarations:

  • 18 states and seven other cities – including New YorkChicago, and Philadelphia – already filed with the court in support of these vital clean air safeguards.
  • Power Companies – including Calpine, NextEra, National Grid Generation and many others– are supporting the Clean Power Plan, and the cities of Austin (TX) and Seattle (WA) are joining in that support through their municipal power departments.
  • Public health groups like the American Lung Association, the Institute for Policy Integrity at New York University Law School, two former EPA Administrators who served under Republican Presidents Nixon, Reagan and George H.W. Bush, and environmental advocates – including EDF – are showing their support as well.
  • A host of clean energy companies represented by Advanced Energy Economy and the national wind and solar associations weighed in on behalf of America’s $200 billion clean energy industry.
  • Google, a major power consumer, filed a declaration in support for the Clean Power Plan, highlighting that it reinforces the company’s conclusion that purchasing renewable energy makes “good business sense” because of its “low and stable marginal cost.”
  • More than six dozen experts have filed declarations with the court in support of the Clean Power Plan, including: former Secretary of State Madeleine Albright; Larry Soward, who led environmental policy under Texas Governor Rick Perry; Sue Tierney of Analysis Group, a leading energy and environmental expert; former FERC Chairmen from both sides of the aisle, including Joseph Kelliher who served under President George W. Bush; and the Rev. Sally Bingham of Interfaith Power & Light, and many others. (The declarations in support of the Clean Power Plan can be found here.)
  • The National Nurses Union, our country’s largest professional association of registered nurses, highlighted the real world impacts of climate change and air pollution on community health, from asthma attacks to natural disasters
  • Ron Busby, head of the U.S. Black Chambers, underscored the economic opportunities and electricity bill savings that American communities can realize under the Clean Power Plan.

It’s no surprise that the Clean Power Plan is winning such support. The U.S. Environmental Protection Agency (EPA) effort is the single biggest step America has ever taken to address the threat of climate change. It builds on our nation’s tremendous success in addressing soot and smog pollution from existing power plants, as well as our recent breakthrough progress in cutting greenhouse gas emissions from cars and trucks.

EPA estimates that by 2030, the Clean Power Plan will:

  • Reduce carbon pollution from existing power plants 32 percent below 2005 levels
  • Save 3,600 lives annually
  • Prevent 90,000 childhood asthma attacks annually
  • Save American families almost $85 on their annual energy bill

The Clean Power Plan will accomplish all this while building on the economic growth and job creation we’re already experiencing from the ongoing expansion of cost-effective clean energy nationwide.

The Clean Power Plan also gives states extensive flexibility to forge pollution-reduction strategies tailored to their individual needs and economic opportunities.

Opponents of the Clean Power Plan, including major emitters of harmful carbon pollution, started suing to stop it before EPA even finished writing it. (Various courts threw out those lawsuits). Their litigation — brought before they had even reviewed the final standards on the merits — illuminated objections that are highly reflexive.

The many and diverse supporters of the Clean Power Plan recognize that climate change is a threat to all of us, and that we must take action to address that threat. Allowing power plants to discharge unlimited amounts of carbon pollution into our air is a clear and present danger to public health, the environment and our economy, and we cannot allow it to continue. EDF is proud to be part of this vibrant group of supporters.

(Read more about the Clean Power Plan, and find all the legal briefs in the case, on our website.)

Also posted in EPA litgation, News, Partners for Change, Policy| Comments are closed

Congress Backs Down from Harmful Environmental Rollbacks

rp_US_Capitol_Building_at_night_Jan_2006-300x226.jpgCongress is on the verge of passing an omnibus spending bill for 2016, and the headlines will be that lawmakers — in a modest victory for common sense – are doing their job and avoiding another disastrous government shutdown.

What’s in the omnibus bill is important, of course. But just as important is what’s not in it.

Left on the cutting room floor were a host of objectionable rollbacks that were jammed into various pieces of appropriations bills. That’s a testament to both the courage of pro-environment negotiators in Congress and the White House, and to the growing political power of environmental issues.

The loudest threat against the environment was Senate Majority Leader Mitch McConnell’s campaign pledge to block the Environmental Protection Agency’s (EPA) Clean Power Plan. Never mind that this would mean unlimited carbon pollution from the nation’s power plants, more asthma attacks, more smog, and more climate change.

But McConnell’s threat was far from the only danger. Among the potential “riders” – rules in the bill meant to change or block policies – were ones designed to:

  • Block efforts to ensure that waters protected under the Clean Water Act are clearly and consistently defined
  • Stop EPA efforts to strengthen public health protections against ground-level ozone pollution (better known as “smog”)
  • Block efforts to ensure that the impacts of greenhouse gas emissions are calculated consistently, and are appropriately considered in federal environmental planning decisions
  • Require EPA to deem any biomass energy project as carbon neutral – even if the science didn’t support that decision
  • Block the Bureau of Land Management from improving environmental and safety standards for the use of hydraulic fracturing on federal lands
  • Bar the Administration from helping poor countries deal with drought, rising sea levels and other threats exacerbated by climate change
  • Stop EPA’s ability to require industry to phase out hydrofluorocarbons and other refrigerants that damage the ozone layer

This is a sampling of the proposals that would have represented serious setbacks for the work being done to responsibly clean our air and water and protect our environment for future generations.

The fact that these proposals didn’t make it into the final omnibus bill is a testament to everyone across America who has spoken up against these attacks. It’s also the latest piece of a remarkable recent winning streak for the environment, from the Clean Power Plan to the blocking of the Keystone XL pipeline to the breakthrough climate pact in Paris.

There is additional good news in that important tax incentives for wind and solar energy are extended in the omnibus bill into 2016 and beyond, as are vital funds for land and water conservation.

There’s no question that Congress is failing its larger responsibility to protect public health and the environment. But for now, we need to celebrate these victories that stop efforts to take us in the wrong direction. They are important wins for a cleaner future for our kids and grandkids.

 

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

Votes Reveal Increasing Senate Support for Clean Power Plan — Resolutions to Block It Are Going Nowhere

US_Capitol_Building_at_night_Jan_2006

Courtesy: Wikipedia

It can be hard to interpret political maneuvering inside the Washington Beltway, and today’s Senate votes on the U.S. Clean Power Plan are no exception. So take it from someone who keeps a close eye on these votes in Congress — this was a good day for the Clean Power Plan, for U.S. climate leadership, and for a clean energy future.

Why?

Because today’s votes showed that the Clean Power Plan has gained support in the Senate since a test vote earlier this year.

More importantly, today’s votes demonstrated that the Senate is well short of what is needed if Senators truly want to stop the Clean Power Plan from taking effect.The measures that were passed narrowly today (52-to-46) are going nowhere. President Obama will veto these efforts to undo the Clean Power Plan, and there are more than enough supporters of the plan in Congress to sustain the veto.

The Clean Power Plan is a Clean Air Act initiative to cut dangerous carbon pollution from power plants and spur growth in clean energy. It is an important part of America’s leadership strategy on climate change, which is helping not only to accelerate the transition to clean energy here at home but also to inspire actions by other nations, including China. With world leaders set to convene global talks on climate change in the coming weeks, it’s important to put today’s votes in context.

For two years — even as the U.S. Environmental Protection Agency was developing the Clean Power Plan — Senate Leader Mitch McConnell of Kentucky has been promising to block the rules any way he could. In March, he launched a symbolic attack on the Clean Power Plan that passed the Senate 57-43.

In today’s vote, which was based on an infrequently used procedure called the Congressional Review Act, McConnell’s margin of victory grew smaller. Three Republicans (Senators Kelly Ayotte of New Hampshire, Susan Collins of Maine and Mark Kirk of Illinois) broke from McConnell and supported the Clean Power Plan.

Since the rule’s release this summer, public support for limits on carbon pollution have only increased. According to a Public Policy poll done this month, 60 percent of voters in Iowa support the Clean Power Plan, while 70 percent of voters in Illinois and 64 percent in Virginia support it.

The Clean Power Plan comes at a time when shifts in technology are opening new pathways to clean energy. Even utility companies recognize that a fundamental shift has taken place. The CEO of one of America’s largest coal burning power companies, AEP, recently said he views the Clean Power Plan as a:

catalyst for the transformation that’s already occurring in our industry

The Clean Power Plan is also just one element of a bigger turning point in American policy on clean energy and climate in recent years. The adoption, a few years ago, of dramatically increased gas mileage standards and greenhouse gas limits for cars is no longer a matter of controversy. States like California and a consortium of nine northeastern states are demonstrating that market-based climate pollution limits are good for economic growth.

The bottom line is that today’s votes to “overturn” the Clean Power Plan were all about political theater. Everyone involved knows the congressional resolutions will ultimately fail, so it’s a free vote for politicians who want to appeal to a relatively narrow slice of the electorate.

The larger narrative, which is the transformation of the United States into a global leader to protect the next generation from climate pollution, is the real story.

Also posted in Clean Air Act, Climate Change Legislation, International, Policy| Comments are closed

A Growing Number of Experts Affirm the Strong Legal Basis for the Clean Power Plan

rp_Gavel_iStock000003633182Medium1-300x199-300x199.jpgSince it was enacted in 1970, the Clean Air Act has protected public health and dramatically reduced air pollution at the same time as the economy has grown by leaps and bounds.

Many of the major Environmental Protection Agency (EPA) actions that have been most vital to this progress were subject to hard-fought — and largely unsuccessful — legal challenges.

The Clean Power Plan, which establishes the nation’s first limits on carbon pollution from fossil fuel-fired power plants, is no exception. Dozens of lawsuits challenging the Clean Power Plan have been filed since the rule was published in the Federal Register – and a large coalition of states and municipalities, public health and environmental organizations, leading power companies, and clean energy providers have moved to defend the Clean Power Plan against these challenges.

Fortunately, EPA has a long history of successfully defending its rules against legal attacks – and the Clean Power Plan is on similarly strong legal footing.

Leading law enforcement officials, former EPA officials from Administrations of both parties – including the Administrator and the General Counsel in President George H.W. Bush’s Administration — and prominent legal scholars have concluded that the Clean Power Plan is firmly within EPA’s long-standing authority under the Clean Air Act.

Statements on the Final Clean Power Plan:

The EPA’s Clean Power Plan is a critical step forward in responding to the threat of climate change. The rule is firmly grounded in science and the law. The rule incorporates successful strategies New York and other states have used to cut climate change pollution from power plants while maintaining electricity reliability, holding the line on utility bills, and growing our economies. We are committed to aggressively defending the Clean Power Plan to ensure progress is made in confronting climate change. — Attorneys General of New York, California, Connecticut , Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Minnesota, New Hampshire, New Mexico, Oregon, Rhode             Island, Vermont, Washington, Massachusetts, Virginia, and the District of Columbia; attorneys for the cities of Boulder, Chicago, New York, Philadelphia, and South Miami; and the attorney for Broward County, Florida, A.G. Schneiderman Leads Coalition of 25 States, Cities and Counties in Defense of EPA’s Clean Power Plan, November 4, 2015

[The Clean Power Plan] is exactly what cooperative federalism looks like…It is the EPA recognizing the states’ leadership, giving states the opportunity to employ and use strategies that … are working. — Maura Healey, Attorney General of Massachusetts, Attorneys General Explain Why 18 States are Defending EPA's Clean Power Plan, SNL, November 4, 2015

The country needs to reduce CO2 from existing power plants which generate 40% of America's CO2. The rule is needed, and the courts we hope will recognize that it is on the right side of history. — William K. Reilly, former EPA Administrator under President George H.W. Bush, and William D. Ruckelshaus, former EPA administrator under Presidents Nixon and Reagan, Former EPA Administrators Reilly and Ruckelshaus Issues Statement Regarding the EPA’s Clean Power Plan, October 23, 2015

North Carolina's Clean Smokestacks Act, our renewable energy standard and other utilities, environmentalists, businesses and consumer advocates. Our state is in a great position to bring these and other stakeholders together once again to work with the EPA to devise our own plan to protect North Carolina's air and promote economic growth… I encourage the [North Carolina General Assembly] to avoid the path of litigation and instead work on a cooperative effort we can all be proud of. — Roy Cooper, Attorney General of North Carolina, Letter to leaders of the North Carolina General Assembly, Aug. 7, 2015

Opponents of the Clean Power Plan have already sued twice before to strike down this rule, only to have their challenges thrown out as premature. This time, judges will hear their arguments, but the arguments hold little legal merit. — Prof. Richard Revesz, New York University School of Law, and Denise Grab, Senior Attorney at the Institute for Policy Integrity at New York University School of Law, Noise Trumps Logic in Clean Power Plan Lawsuits, The Hill, October 27, 2015

[T]he government is on solid legal footing to defend the Clean Power Plan. — Profs. Jody Freeman and Richard J. Lazarus, Harvard Law SchoolThe Biggest Risk to Obama's Climate Plan May Be Politics, Not the CourtsThe Guardian, August 5, 2015

In many of the air pollution programs, EPA is directed to consider some combination of the cost of compliance and the practicability of the means of compliance when setting standards…The [New Source Performance Standards and Clean Power Plan] fit well within these statutory parameters: they bring about net economic benefits, they promote cleaner air, and they can be achieved within the existing landscape of how electricity is generated and transmitted. — Prof. Emily Hammond, George Washington University Law School, Testimony before the Energy and Commerce Committee, U.S. House of Representatives, October 22, 2015

[T]he EPA stands an excellent chance of prevailing in this epic showdown. And for the good of the planet and the welfare of future generations, one can only hope it will. — Prof. Patrick Parenteau, Vermont Law School, The Clean Power Plan Will Survive: Part 2, Law360, September 29, 2015

Many experts have also concluded that requests for courts to block (or “stay”) the Clean Power Plan during the period of litigation are likely to fail.

Statements Refuting the Need for a Stay of the Clean Power Plan:

I think the deadlines [in the Clean Power Plan] are sufficiently far in the future that there's no need for a stay here, the court is certainly going to be able to decide this case before the deadlines. — Robert Percival, Robert F. Stanton Professor of Law and Director, Environmental Law Program, University of Maryland, Francis King Carey School of Law, EPA, Clean Power Plan Foes Gird For Court Fight, Law360, August 3, 2015

[T]he EPA’s rule includes generous compliance deadlines . . . Challengers will be hard-pressed to persuade anyone they merit a stay. — Profs. Jody Freeman and Richard J. Lazarus, Harvard Law SchoolThe Biggest Risk to Obama's Climate Plan May Be Politics, Not the CourtsThe Guardian, August 5, 2015

Experts have remarked on the Clean Power Plan’s bedrock legal authority throughout its creation – from when it was first proposed.

Statements on the Proposed Clean Power Plan:

The EPA has authority under the 1990 Clean Air Act, an authority affirmed by the U.S. Supreme Court, to set these public health protections against carbon pollution. — Carol M. Browner, former EPA Administrator under President Bill Clinton, and Alex LaskeyWith New Power Plant Rules, Energy Efficiency Checks All the BoxesThe Hill, June 2, 2014

Critics of the [Clean Power Plan] say that President Obama is making an end run around Congress, stretching the law to achieve by executive action what he could not accomplish through the legislative branch. This is flat wrong. More than four decades ago, Congress expressed its clear desire to regulate pollution from power plants, in the form of the Clean Air Act. I know, because I worked on the legislation, including the key part of the act—Section 111—that the Obama administration is using to justify its move. — Leon Billings, former Chief of Staff to Sen. Edmund Muskie and staff director of the Senate Environment Subcommittee during the drafting of the Clean Air ActThe Obscure 1970 Compromise That Made Obama’s Climate Rules PossiblePolitico, June 2, 2014

Limiting Greenhouse Gas emissions from existing power plants is the next logical step after the Supreme Court and other courts have upheld EPA’s authority and obligation to address this issue. A system-wide approach provides needed flexibility and reduces costs, as well as encouraging investment in lower-emitting generation. EPA has wisely left the states a lot of discretion rather than mandating specific measures as some had wanted. — E. Donald Elliott, EPA General Counsel under President George H.W. BushObama’s Section 111d Plan Has Support From George H.W. Bush’s EPA General Counsel, Utility ExecutivesLegal Planet, June 1, 2014

[I]t is important to be clear here: the President is required to issue the rules, required by law and by the interpretation of the law by the highest Court in the land. — Prof. Ann Carlson, UCLA School of Law, Obama Has To Issue Climate Change Rules — The Law Says So, Talking Points Memo, May 30, 2014

Also posted in Clean Air Act, EPA litgation, Policy| Comments are closed

These three states have a head start on the Clean Power Plan. You'd never guess who they are

This solar energy plant in Nevada can power 75,000 homes during peak demand and will generate $73 million in tax revenues over 20 years. Source: Solar Reserve.

Everyone in Colorado skis, all Oklahomans can rope a calf, and native New Jerseyans like me all talk like Pauly D did on Jersey Shore. Right?

You may also stereotype when it comes to clean energy: Progressive states such as California are pumping out clean, renewable energy while others insist on clinging to old, dirty power plants. Well, it’s more complicated than that.

California, which has a market-based system for cutting carbon pollution, does lead the country. But a number of states, including notably Nevada, Texas and North Carolina, are also making great progress on clean energy – which may surprise some.

Their success is evidence that the supposed divide on clean power may be more about politics than economics and opportunities on the ground.

And that bodes well for the federal Clean Power Plan’s goal of reducing emissions from America’s power plants. Because if Texas is well-positioned to comply, why couldn’t other states do the same?

Energy policies that boost state economies

Texas, home of Big Oil, big hats, and JR Ewing, actually has more energy potential from resources sweeping over its prairies – in the form of wind and sunshine – than from those flowing underneath them. The state leads the nation in wind power and combined heat and power, and has the potential to generate more solar power than any other state.

If energy efficiency used by Austin Energy were extended across the state, it would reduce peak electricity growth by 40 percent, while keeping Texans as high-powered as ever.

Nevada, meanwhile, has also been smart about exploiting its huge solar energy potential. The state’s current renewable energy standard requires utilities to generate 25 percent of its power from renewable resources by 2025, with 6 percent coming from solar energy by 2016.

With more than 250 days of sunshine a year and abundant wind and geothermal energy potential, this goal is well within reach. Nevada’s forward-thinking energy policies and commitment to clean energy are part of the reason Tesla chose it as the location of its multi-billion dollar gigafactory to produce batteries for electric cars.

Finally, in North Carolina, tax credits and a modest renewable energy portfolio standard created opportunities to build a strong clean energy industry.

North Carolina is now one of the top four states in installed solar capacity and second behind California in large, utility-scale solar projects. Clean energy added nearly $5 billion to the state’s economy last year, and today provides nearly 23,000 jobs.

Earlier this year, tech giants like Google, Apple and Facebook told lawmakers that state policies “made North Carolina particularly attractive to [their] businesses.” Retail giants Walmart and North Carolina-based Lowe’s Home Improvement told lawmakers they want more choice and competition when it comes to energy.

North Carolina’s burgeoning clean energy economy suffered a set-back this year, however, when state lawmakers chose not to extend the tax credit – proving that state legislators are not required to take the Hippocratic Oath.

Back-track or invest in the future?

All this will make a big difference when it comes to implementing the Environmental Protection Agency’s Clean Power Plan, which gives each state a target and flexibility for cutting climate pollution.

As much as some leaders in the Lone Star State and elsewhere complain and sue over this rule, they are actually well on their way to meeting their goals under the plan. If state governments would only take advantage of the natural opportunities they have – be more like Nevada and less like the recent back-tracking in North Carolina – they’d be in great shape.

We need to protect ourselves from the trillions in potential damage that Citibank and others say we’d face from unchecked climate change, so the world is moving toward clean energy. Wouldn’t it be better if state political leaders, who have so much to gain and such an achievable path forward, put their efforts in to creating that future rather than clinging to the past?

Forward-looking leaders do, because stereotypes aside, it ultimately comes down to good economics.

This post originally appeared on our EDF+Voices blog.

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