Selected category: Clean Power Plan

The Trump Administration outlines its plans for EPA – and it’s bad news for our health

Across Republican and Democratic administrations alike, the Environmental Protection Agency (EPA) has regularly identified and shared with the public a detailed list of the agency’s upcoming priority policy actions – safeguards that will help protect the air we breathe and the water we drink, assure the safety of chemicals in everyday products, and provide for proper handling of hazardous wastes.

But the Trump Administration unveiled its first such blueprint last week – and it takes dead aim at fundamental public health and environmental safeguards that are essential to protecting our communities and families. It’s an agenda that would lead to more pollution, fewer common sense safeguards, and more asthma attacks and premature deaths in communities across the country.

Here are a few key targets in the Trump Administration’s plan to dismantle vital public health and environmental safeguards:

Imperiled: the Clean Power Plan. The blueprint reiterates the Trump Administration’s intention to withdraw the Clean Power Plan. The agenda indicates no intent to provide a replacement program to limit dangerous climate pollution from existing power plants – one of America’s largest sources of this harmful pollution – despite the growing urgency of climate disruption, and despite three separate Supreme Court decisions underscoring EPA’s duty to protect Americans from this harmful pollution. The agenda’s justification for rolling back the Clean Power Plan rests on faulty legal reasoning that has been forcefully rejected by legal experts and is at odds with EPA’s past practices.

  • What’s at stake? The Clean Power Plan is one of the most significant actions America has ever taken to combat climate change. EPA estimates that when fully implemented, it would prevent up to 3,600 premature deaths and up to 90,000 asthma attacks per year.

Imperiled: limits on carbon pollution from new power plants. The Trump Administration also underscored its plans to end existing limits on carbon pollution from new power plants – an important complement to the Clean Power Plan. Yet again, this announcement includes no intention for a replacement safeguard.

  • What would be the result? New fossil fuel-fired power plants, which have lifespans in the decades, and emit staggering quantities of carbon pollution over their lifetimes, could be built with needlessly outdated, lower performing technologies.

Imperiled: pollution controls for oil and gas facilities. The Trump Administration’s plan also commits EPA to review pollution limits on new oil and gas facilities. These limits include measures for leak detection and repair – measures that save otherwise wasted natural gas, reduce pollution in surrounding communities, and create well-paying jobs. EPA Administrator Scott Pruitt has already taken steps to suspend these protections. His actions meant that more than 18,000 natural gas wells across America were no longer required to fix pollution leaks. While Administrator Pruitt’s suspension was recently found unlawful by the U.S. Court of Appeals for the D.C. Circuit, the threat remains that EPA may fully revoke these important safeguards.

Imperiled: protections for Americans from smog. The Trump Administration’s plan also highlights Administrator Pruitt’s decision to suspend his duty to identify the regions that are failing to meet national air quality standards for ground-level ozone, commonly known as smog. Smog is a dangerous air pollutant linked to premature deaths, asthma attacks, lower birth weight in infants, and serious heart and lung diseases. EPA analysis indicates that Administrator Pruitt’s announced one-year suspension alone will lead to as many as 230,000 more asthma attacks among children.

Imperiled: protections for downwind communities from interstate air pollution. EPA has a long-standing responsibility to ensure that upwind facilities are good neighbors and do not discharge pollution that imperils public health in downwind states. The Trump Administration’s blueprint recognizes that there are six separate petitions pending before EPA in which downwind states are seeking the agency’s assistance to protect themselves against pollution drifting into their communities from dozens of upwind power plants. It is crucial that EPA carry out this responsibility to ensure that all Americans can breathe easier – but the agency is currently failing to act, and its blueprint provides no commitment to act despite clear legal responsibility under our nation’s clean air laws.

Changes to underlying EPA transparency protections

At the same time that the Trump Administration’s blueprint outlines a host of rollbacks for important pollution controls, it also identifies that the administration will be moving ahead with changes to underlying, fundamental EPA procedures and operational practices.

Here’s just one example:

  • Under review: EPA’s open records requirements. Under the Freedom of Information Act, EPA is required to share public records with the public. The Trump Administration’s agenda notes that EPA will be updating its own policies for implementation of the agency’s requirements under this vital transparency law. During Administrator Pruitt’s tenure as Oklahoma Attorney General, he had an extensive, troubling record of stonewalling these types of open records requests.

These changes are just as important to watch carefully, to ensure essential transparency and rigor in the administration’s conduct. So far, Administrator Pruitt has given ample reason for concern: shutting the public out of key decisions; refusing to share how he spends his time and with whom he meets; and a long history of intertwined relationships with the industries he’s supposed to oversee.

Are more rollbacks possible? President Trump and Administrator Pruitt signal yes

The above summary is hardly complete. The Trump Administration’s blueprint also highlights a host of harmful potential rollbacks for important protections for water, hazardous waste, and beyond.

Moreover, this blueprint may not reflect the full scope of future attacks. In other contexts, President Trump and Administrator Pruitt have taken aim at even more EPA protections against air pollution. For instance, President Trump has signaled his willingness to reconsider standards for emissions from cars and trucks – despite their record of saving consumers money, driving auto innovation, and reducing pollution. And Administrator Pruitt’s EPA has moved to pause litigation over mercury protections while the agency evaluates its position. (In the past, Pruitt even expressed doubt about mercury pollution’s well-established harmful impacts on brain development in kids.)

These risks are critical. But together we can turn back these threats, ensure healthier lives for all Americans, address dangerous climate pollution, and grow our clean energy economy.

Here at EDF we will be working to stop these rollbacks. Please join us, and take action! Click here to let EPA Administrator Scott Pruitt know that you support America’s public health and environmental protections.

Also posted in Clean Air Act, Health, News, Policy| Comments are closed

President Trump’s mystery math

By this time, your eyes may have glazed over from reading the myriad of fact checks and rebuttals of President Trump’s speech announcing the United States’ withdrawal from the Paris climate agreement. There were so many dizzying falsehoods in his comments that it is nearly impossible to find any truth in the rhetorical fog.

Of all the falsehoods, President Trump’s insistence that compliance with the Paris accord would cost Americans millions of lost jobs and trillions in lowered Gross Domestic Product was particularly brazen, deceptive, and absurd. These statements are part of a disturbing pattern, the latest in a calculated campaign to deceive the public about the economics of reducing climate pollution.

Based on a study funded by industry trade groups

Let’s be clear: the National Economic Research Associates (NERA) study underpinning these misleading claims was paid for by the U.S. Chamber of Commerce and the American Council for Capital Formation (ACCF) – two lobbying organizations backed by fossil fuel industry funding that have a history of commissioning exaggerated cost estimates of climate change solutions. When you pay for bad assumptions, you ensure exaggerated and unrealistic results.

In the past five years alone, NERA has released a number of dubious studies funded by fossil fuel interests about a range of environmental safeguards that protect the public from dangerous pollution like mercury, smog, and particulate matter – all of which cause serious health impacts, especially in the elderly, children, and the most vulnerable. NERA’s work has been debunked over and over. Experts from MIT and NYU said NERA’s cost estimates from a 2014 study on EPA’s ozone standards were “fraudulent” and calculated in “an insane way.” NERA’s 2015 estimates of the impacts of the Clean Power Plan, which are frequently quoted by President Trump’s EPA Administrator Scott Pruitt and others, have also been rebutted due to unrealistic and pessimistic assumptions.

The study does not account for the enormous costs of climate pollution

In his speech about the Paris agreement, President Trump crossed a line that made even NERA so uncomfortable that it released a statement emphasizing that its results were mischaracterized and that the study “was not a cost-benefit analysis of the Paris agreement, nor does it purport to be one.”

The most important point embedded in this statement is that the study does not account for the enormous benefits of reducing the carbon pollution causing climate change. Climate change causes devastating impacts including extreme weather events like flooding and deadly storms, the spread of disease, sea level rise, increased food insecurity, and other disasters. These impacts can cost businesses, families, governments and taxpayers hundreds of billions of dollars through rising health care costs, destruction of property, increased food prices, and more. The costs of this pollution are massive, and communities all around the U.S. are already feeling the impacts – yet the President and his Administration continue to disregard this reality as well as basic scientific and economic facts.

Cherry-picking an impractical and imaginary pathway to emission reductions

The statistics the President used were picked from a specific scenario in the study that outlined an impractical and imaginary pathway to meet our 2025 targets designed to be needlessly expensive, as experts at the World Resources Institute and the Natural Resources Defense Council have noted. The study’s “core” scenario assumes sector by sector emission reduction targets (which do not exist as part of the Paris accord) that result in the most aggressive level of mitigation being required from the sectors where it is most expensive. This includes an almost 40 percent reduction in industrial sector emissions – a disproportionate level not envisioned in any current policy proposal – which results in heavily exaggerated costs.

An expert at the independent think tank Resources for the Future, Marc Hafstead, pointed out:

The NERA study grossly overstates the changes in output and jobs in heavy industry.

Yale economist Kenneth Gillingham said of these numbers:

It’s not something you can cite in a presidential speech with a straight face … It’s being used as a talking point taken out of context.

The NERA analysis also includes a scenario that illustrates what experts have known for decades – that a smarter and more cost-effective route to achieving deep emission reductions is a flexible, economy-wide program that prices carbon and allows the market to take advantage of the most cost-effective reductions across sectors. Even NERA’s analysis shows that this type of program would result in significantly lower costs than their “core” scenario. Not surprisingly, that analysis is buried in the depths of the report, and has been entirely ignored by the Chamber of Commerce and ACCF as well as President Trump.

Study ignores potential innovation and declining costs of low carbon energy

Finally, the NERA study assumes that businesses would not innovate to keep costs down in the face of new regulations – employing pessimistic assumptions that ignore the transformational changes already moving us towards the expansion of lower carbon energy. Those assumptions rely on overly-conservative projections for renewable energy costs, which have been rapidly declining. They also underestimate the potential for reductions from low-cost efficiency improvements, and assume only minimal technological improvements in the coming years.

In reality, clean energy is outpacing previous forecasts and clean energy jobs are booming. There are more jobs in solar energy than in oil and natural gas extraction in the U.S. right now, and more jobs in wind than in coal mining.

The truth is that the clean energy revolution is the economic engine of the future. President Trump’s announcement that he will withdraw the U.S. from the Paris accord cedes leadership and enormous investment opportunities to Europe, China, and the rest of the world. His faulty math will not change these facts.

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

EDF, coalition partners urge the D.C. Circuit to decide the Clean Power Plan case

Environmental Defense Fund and fourteen other public health and environmental organizations filed a brief yesterday urging the United States Court of Appeals for the D.C. Circuit to issue a decision on the merits in the litigation over the Clean Power Plan – America’s only nationwide standards limiting harmful carbon pollution from existing fossil fuel power plants.

Other parties supporting the Clean Power Plan also filed briefs, including 18 states and 7 municipalities, power companies representing nearly 10 percent of the nation’s generation, and associations representing America’s vibrant $200 billion clean energy industry.

The latest filings all respond to a recent D.C. Circuit order which temporarily suspended the litigation and directed the parties to submit briefs on whether to continue the suspension (known as an “abeyance”) or terminate the case and hand the matter back to the Environmental Protection Agency (EPA) for further review (known as “remand”).

This order addressed a motion filed by the Trump Administration on March 28, which asked the court to suspend the Clean Power Plan litigation indefinitely and refrain from deciding the legal merits of the Clean Power Plan.

Here’s what’s at stake at this critical juncture in the Clean Power Plan litigation – and a few things we can count on regardless of how the court rules on yesterday’s filings.

 Real World Consequences for Healthier Air and a Safer Climate

The briefs have vital real-world consequences for everyone who cares about healthier air and a safer climate.

As legal experts have noted, the Administration’s move is a brazen, eleventh-hour attempt to prevent the D.C. Circuit from issuing a timely opinion on legal issues that are central to EPA’s responsibility under the Clean Air Act to protect the public against climate pollution. The Administration filed its March 28 motion almost a year after the parties submitted briefs in the case, and six months after ten judges of the D.C. Circuit held an exhaustive seven hour-long oral argument.

Because the Supreme Court voted 5-to-4 to temporarily block the enforcement of the Clean Power Plan while the courts reviewed the legal challenges, the Administration’s motion would also indefinitely delay the enforcement of these urgently needed and long-overdue limits on carbon pollution.

The Administration’s motion asked the court for an indefinite pause in the litigation while EPA undertakes the long process of reviewing – and likely rescinding or weakening – the Clean Power Plan. However, if the court declines to decide the central legal questions in this case now, the same issues would likely have to be re-litigated again after EPA has completed its review. This would add years of unnecessary delay at a time when the urgency of action to mitigate climate pollution has never been greater.

Americans have been waiting for protection from climate pollution from power plants for almost twenty years — with no relief:

  • In 1998, EPA’s General Counsel Jonathan Cannon concluded in a memorandum to the EPA Administrator that EPA has authority to regulate carbon dioxide from power plants under the Clean Air Act – but EPA took no action to address the issue.
  • In 2003, environmental organizations filed a complaint against EPA in federal district court seeking carbon dioxide standards for fossil fuel-fired power plants under section 111 of the Clean Air Act.
  • In 2006, states and environmental organizations filed a legal challenge in the D.C. Circuit to EPA’s failure to establish carbon dioxide standards for power plants under the Clean Air Act.
  • In 2007, the Supreme Court issued its landmark decision in Massachusetts v. EPA, which affirmed that climate pollution is subject to regulation under the Clean Air Act. The D.C. Circuit then remanded the 2006 lawsuit to EPA to address the issue of establishing carbon dioxide standards for power plants.
  • In 2010, states, public health, and environmental organizations reached a settlement with EPA in which the agency committed to finalizing carbon pollution standards for new and existing power plants by 2012 – a deadline that the agency failed to meet.
  • In 2011, the Supreme Court relied on EPA’s authority under section 111 of the Clean Air Act as a basis for dismissing suits filed by states for common law damages against some of the nation’s most polluting power companies — holding that section 111 “speaks directly” to the problem of climate pollution from power plants.
  • In 2015, after almost two years of intensive public outreach and after considering millions of public comments — and using its authority under section 111 of the Clean Air Act — EPA adopted the Clean Power Plan.
  • In 2016, a closely divided Supreme Court voted 5-to-4 to temporarily block the enforcement of the Clean Power Plan pending judicial review of the merits.

Affected communities and vulnerable populations have waited long enough for action to protect our health and climate, while more and more climate pollution is accumulating in the atmosphere. That’s why the court should decide this case now rather than leaving climate protection in long-term legal limbo.

The Urgent Need for Limits on Carbon Pollution from the Nation’s Power Plants

The Clean Power Plan is a common sense climate and public health protection that will carbon reduce pollution from one of the nation’s largest sources, saving thousands of lives each year and protecting the health of all Americans.

The Clean Power Plan gives states and power companies tremendous flexibility in deciding how to reduce carbon pollution, including through cost-effective energy efficiency measures that save families money. Investments in clean energy and energy efficiency are already growing rapidly, employing over three million Americans and bringing hundreds of millions of dollars in revenue each year to low-income and rural areas.

That’s why a strikingly broad and diverse coalition emerged to defend the Clean Power Plan in court. The coalition includes: 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.

Coal producers, coal-intensive power companies, and their political allies have waged a massive, years-long litigation effort to thwart any limits whatsoever on climate-destabilizing pollution from power plants. Their campaign recently got an assist when the Trump Administration issued an executive order on March 28 that took aim at the Clean Power Plan and many other vital clean air protections.

In response to that executive order, an extraordinary array of leading businesses, faith leaders, medical associations, state and municipal officials, and other stakeholders have spoken out against the Administration’s threats to climate and health protections or vowed to continue moving towards a low-carbon future.

In recent weeks, dissent has emerged even within the coalition challenging the Clean Power Plan: North Carolina formally withdrew its challenge to the Clean Power Plan on February 23.

Millions of Americans in red and blue states – including a majority of Americans in every Congressional district in the country – support strong action to reduce carbon pollution from existing power plants. This public chorus reflects an understanding of the growing hazards of climate change, which is already affecting public health and well-being in a host of ways.

America has been demanding action from EPA since 2003, has been told multiple times by the Supreme Court that EPA has authority to act, and is now counting on the D.C. Circuit to resolve key legal questions about the scope of that authority. For that reason, our brief argues that the most fair and efficient course of action for the Court is to resolve those questions now.

EPA is Required to Act. It’s Up to All of Us to Make Sure EPA Fulfills That Obligation

Regardless of how the Court rules on today’s filings, a few critical facts will remain unchanged:

  • EPA has a clear legal obligation to protect the public from carbon pollution. The Supreme Court has affirmed EPA’s authority to regulate greenhouse gases under the Clean Air Act three times since 2007, including EPA’s authority to limit carbon pollution from power plants under the Clean Air Act provision that is the basis for the Clean Power Plan.
  • EPA’s carbon pollution standards for new power plants remain in full force and effect. Separate from the Clean Power Plan, EPA adopted carbon pollution standards for new, modified, and reconstructed fossil fuel-fired power plants in August 2015. Although those standards have also been the target of legal challenges by polluters and their allies, the enforcement of those standards has not been blocked by the courts.  They will remain in full force and effect regardless of how the Court acts.
  • EPA can’t roll back the Clean Power Plan or the carbon pollution standards for new power plants without public comment or judicial review. Even if the court declines to issue an opinion and instead suspends the litigation or remands the rule to EPA, the Clean Power Plan would still be the law of the land. Any attempt to withdraw or modify the Clean Power Plan (or the carbon pollution standards for new power plants) would first have to go through the same rigorous public notice and comment process that EPA carefully followed in adopting them. Such changes would also be subject to judicial review in the federal courts, and would be set aside if they are contrary to the Clean Air Act or do not rest on sound technical and policy foundations.

Americans all across the country are demanding an end to the era of unlimited carbon pollution from power plants.

In the face of the Trump Administration’s assault on common sense protections, the Environmental Defense Fund is ready to fight harder than ever for healthier air and a safer climate for our children.

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

Scott Pruitt wants to end his own Clean Power Plan lawsuit—but can’t set aside EPA’s duty to protect the public from climate pollution

(This post was co-authored by Tomas Carbonell)

Before he became Administrator of the Environmental Protection Agency (EPA), Scott Pruitt was relentless in suing to oppose the Clean Power Plan, America’s first-ever nationwide limits on carbon pollution from power plants.

So relentless, in fact, that as Attorney General of Oklahoma he brought suit four times to block these common sense, cost-effective protections—including litigating to block the proposal, before the Clean Power Plan was even finalized.

Given that history, you’d think that Pruitt would be eager to for the U.S. Court of Appeals for the D.C. Circuit Court to continue the current litigation over the Clean Power Plan, which Pruitt helped initiate when he was Attorney General.

Instead, the Trump Administration launched a full-court press to stop the court’s deliberations in their tracks.

The administration filed a motion on March 28 asking the court to suspend the litigation indefinitely – almost a year after the last briefs were filed in the case, and more than six months after oral argument took place before the full en banc court.

Why the sudden aversion to the court considering the case, after such a long history of litigating?

Perhaps Pruitt was afraid that the court would see the Clean Power Plan for what it is – a common sense and achievable plan, firmly grounded in the law and in science, which responds to the most urgent environmental challenge of our time.

Pruitt repeatedly argues that the reason to repeal the Clean Power Plan is because it is “illegal.” Without a D.C. Circuit opinion, all we have are his own claims on that point – and maybe Pruitt prefers it that way, given his poor record in past legal challenges to common sense EPA safeguards.

Whatever the reason, Pruitt pressed ahead to stop the very same case he was instrumental in creating. Last week, the D.C. Circuit partially granted his request. The court put the Clean Power Plan litigation on hold for 60 days, and asked for more information so it can decide how to handle the case going forward.

EPA has a duty to protect Americans from dangerous climate pollution

While last week’s order is disappointing, it has not changed the fact that EPA has a clear duty to act under our nation’s clean air laws to protect the public from harmful climate pollution. That duty is enshrined in three separate Supreme Court opinions that confirm EPA has the authority and responsibility to address climate pollution under the Clean Air Act.

EPA’s obligation to address climate pollution under the Clean Air Act is a settled question in American law. And EPA’s history of successfully addressing climate pollution from cars and other sources speaks for itself.

The Clean Power Plan itself has a rock solid legal and technical foundation – as recognized by a huge and varied coalition of supporters including former Republican EPA Administrators, the attorneys general of eighteen states, legal experts who helped draft the Clean Air Act, and the nation’s leading experts on the power grid.

As these experts recognize, the Clean Power Plan relies on strategies that are already being deployed successfully across the power sector—continuing and amplifying a transition to low- and zero-carbon energy that is reducing climate-destabilizing pollution while bringing jobs and economic opportunities to communities across the country. America’s clean energy sector is a rapidly growing $200-billion industry that employs 3.3 million Americans.

Regardless of any legal maneuvers, the fundamental truth remains – EPA has a duty to act to protect the public from dangerous climate pollution. Given the clear and present threat that climate change poses to the well-being of communities across America, this duty is urgent.

Also posted in Clean Air Act, EPA litgation, News, Policy| Read 1 Response

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
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