Selected category: Clean Power Plan

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

2016 Wrap-Up: States, Power Companies Lead in Cutting Carbon; Election Not Slowing Expected 2017 Progress

(This post was co-authored by EDF Associate Charlie Jiang. It was revised on January 6, 2017)

The new Block Island Wind Farm in Rhode Island -- one of many examples of clean energy progress in 2016. Photo courtesy Deepwater Wind

The new Block Island Wind Farm in Rhode Island — one of many examples of clean energy progress in 2016. Photo courtesy Deepwater Wind

2016 was a big year for progress in the U.S. power sector. Renewable energy sources provided 16.9 percent of the country’s electricity in the first half of 2016, up from 13.7 percent for all of 2015. The country’s first offshore wind farm opened off the coast of Rhode Island. Most importantly, carbon emissions from the power sector are projected to continue to decline and hit levels not seen since 1992.

Strong leadership by forward-thinking governors, policymakers, and power company executives who recognize the imperative of lower-carbon generation and the promise of clean energy, powerful market forces intensifying the push to lower-carbon resources, and the critical federal regulatory overlay of the Clean Power Plan — which has made clear that unlimited carbon pollution is a thing of the past — have all combined to deepen a trend towards cleaner electricity production at this dynamic moment in time.

Even with any possible political maneuverings in Washington, D.C. to reverse clean energy and climate progress, it is clear that the transition to a low-carbon future is well under way.

States and power companies are surging ahead — and given the favorable economics of clean energy and the urgent need to reduce climate-destabilizing pollution it would be foolish to turn back.

  • More than 21 gigawatts of wind and solar power (utility-scale and rooftop) are projected to have been installed in 2016, accounting for 68 percent of new U.S. capacity additions. That’s according to analyses by FERCSNL EnergyEIA, and SEIA/GTM Research.
  • Some of the country’s oldest and least efficient power plants were scheduled to close in 2016, transitioning 5.3 gigawatts of capacity, in no small part due to increasingly favorable economics for low-carbon generation.
  • Since 2014, solar installation has created more jobs than oil and gas pipeline construction and crude petroleum and natural gas extraction combined. According to recent reports, there are now more than 400,000 jobs in renewable energy.

Together, these trends indicate the U.S. power sector is well-positioned to continue to reduce carbon pollution at a significant pace. And because of the favorable economics for low-carbon generation and the urgent need to protect against climate risks, hundreds of major corporations are on record supporting the Clean Power Plan and the achievement of emission reduction targets.

Power sector carbon emissions declined to 21 percent below 2005 levels in 2015, and are expected to drop again in 2016, meaning the power sector is already two-thirds of the way towards meeting its 2030 pollution reduction goals under the Clean Power Plan.

Notably, this de-carbonization of the electric sector has proceeded while the U.S economy has grown. In addition, recent analysis by the Brookings Institution shows that as of 2014, at least 33 individual states have also decoupled their economic growth from carbon pollution — continuing to grow their gross domestic product while significantly slowing their rate of greenhouse gas emissions.

Heading into 2017, companies from coast to coast are well-positioned to secure ongoing reductions in carbon emissions from their fleets – thereby helping the United States to achieve international commitments under the Paris Agreement, delivering greater value to customers and shareholders while ensuring state or municipal policy objectives will be achieved, and sharpening their ability to meet declining emissions limits in accordance with a federal regulatory framework.

Even the vast majority of states litigating against the Clean Power Plan can comply with the CPP targets by optimizing the carbon pollution benefits from already planned investments and compliance with existing state policies. The Clean Power Plan is crucial to making certain that states and companies take advantage of the opportunity to ensure the carbon reduction potential of these investments are fully realized, so they can in fact achieve these reasonable protections.

The shift to a lower-carbon future should continue, as power companies recognize both the imperative to reduce emissions and the benefits of moving in this direction despite changing political winds in Washington.

For example, shortly after the November election, a number of executives from historically coal-intensive companies convincingly reaffirmed their commitment to de-carbonization:

  • No matter who occupies the White House, “[coal is] not coming back,” said American Electric Power CEO Nick Akins. “We’re moving to a cleaner-energy economy and we’re still getting pressure from investors to reduce carbon emissions. I don’t see that changing.”
  • “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.”
  • “Markets are driving a lot of the behavior,” said Tom Williams, a spokesman for Duke Energy. “[W]e’ll continue to move toward a lower carbon energy mix.”
  • “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 PragerXcel 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.”

Acting on these commitments, many power companies are continuing to expand their renewable investments while phasing out high-carbon generation, putting them in a solid position to comply with robust carbon pollution regulations.

Here are a few recent highlights just from the last months:

  • At the end of December, Florida Power & Light (FPL) showed strong leadership when announcing 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. FPL also noted that their system is now “cleaner today than the 2030 carbon emissions rate goal for Florida outlined by the Clean Power Plan,” while average residential bills are about 30 percent lower than the national average.
  • On December 30, 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.
  • Duke Energy acquired its first solar project in Colorado on December 8. The purchase advances Duke’s goal of owning more than 6,000 megawatts of renewable energy projects by 2020.

After the election, a number of power companies reiterated their commitment to reducing air pollution and meeting their obligations under the federal Clean Air Act by transitioning aging coal plants.

  • PNM Resources spokesman Pahl Shipley said the company has no change in plans for retiring two units at a New Mexico plant, totaling 837 megawatts of capacity, in 2017. PNM will replace the retired capacity with solar and nuclear power.
  • The Tennessee Valley Authority is moving forward with plans to retire two coal plants in 2017, as well as a third in 2018.
  • Colorado-based electric cooperative Tri-State Generation will move forward with plans to retire its 100-megawatt Nucla coal plant and Unit 1 of the Craig coal plant. “We are moving forward with retirement activities and developing a transition plan for the employees and communities,” said Tri-State spokesman Lee Boughey after the election.

These announcements follow one of the biggest clean energy leadership stories of 2016 – commitments by two midcontinent utilities, Xcel Energy and Berkshire Hathaway Energy, to go big on cost-effective investments in new wind resources.

  • This past year, Minnesota regulators approved a plan for Xcel Energy to construct as much as 1,800 megawatts of new wind power and 1,400 megawatts of solar in the state by 2030. Xcel also received approval to build a 600 megawatt wind farm in Colorado.
  • Berkshire subsidiary MidAmerican Energy secured approval to construct a massive 2,000 megawatt wind farm in Iowa that will be the “largest wind energy project in US history.” Said CEO Bill Fehrman: “Our customers want more renewable energy, and we couldn’t agree more.”

State policymakers have not stayed on the sidelines, either. 2016 sustained progress as states moved forward with commonsense efforts to reduce emissions of harmful air pollutants. And even with promises to roll back critical clean air, climate, and clean energy progress coming out of Washington, D.C., states made clear after the election that they will not be slowed down by potential federal backsliding:

  • On December 7, Illinois enacted a comprehensive new energy bill that will in part double the state’s energy efficiency portfolio and allow for 4,300 megawatts of new solar and wind power while providing for continued operation of zero-emission nuclear facilities. These measures are expected to reduce the state’s carbon emissions 56 percent by 2030.
  • On December 15, Michigan lawmakers approved a new bill to increase the state’s renewable portfolio standard to 15 percent by 2021, up from 10 percent. Republican Governor Rick Snyder touted the bill in a statement: “What we’re in is a huge transition in how we get our energy. We’ve got a lot of aging coal plants that are beyond their useful life, and it’s not worth investing in them anymore … We can transition to both natural gas and renewables and let the markets sort of define the balance between those two, so we’re moving away from an old energy source [where] we had to import all of this coal.”
  • Also in December, Washington Governor Jay Inslee proposed the state adopt a first-of-its-kind carbon tax of $25 per metric ton of carbon pollution. The proposal supplements the state’s innovative Clean Air Rule, adopted in September, which caps carbon emissions from individual polluters.
  • Nine states comprising the Regional Greenhouse Gas Initiative are engaged in a stakeholder process designed to establish new, more protective, standards for climate pollution.
  • In Oregon, regulators are evaluating options for a market-based mechanism that could link to the California-Quebec carbon market, releasing a partial draft report on November 21.
  • Governors such as Colorado’s John Hickenlooper continue to display strong leadership and a keen understanding of the imperative to move to a low-carbon future. After the election, Hickenlooper said he remains committed to fulfilling the goals of the Clean Power Plan, no matter what happens to the rule.
  • In Pennsylvania, a spokesman for Governor Tom Wolf’s Department of Environmental Protection (DEP) noted that: “Pennsylvania’s carbon footprint has been shrinking rapidly due to market based decisions being made in the state’s electric generating sector … It is likely that this trend will continue.” He added that the DEP “will continue to seek ways to continue addressing climate change.”
  • In California, Governor Jerry Brown mounted a vigorous defense of California’s climate leadership and the role the state will continue to play in setting the stage for ongoing progress and defending the important progress of the last eight years. “We’ve got the scientists, we’ve got the lawyers and we’re ready to fight. We’re ready to defend,” he said.

The momentum that power companies and states have generated towards achieving a clean energy future is powerful and encouraging.

Looking to 2017 and beyond, market trends are expected to continue to help facilitate de-carbonization of the electric sector, while federal and state policies must continue to provide certainty about the pace and depth of emissions reductions needed to address the threat of climate change. These policies will help companies plan clean energy investments in a way that maximizes benefits for consumers and facilitates optimal deployment of available resources.

The Clean Power Plan remains crucial to achieving these goals. Any disruption in the Clean Power Plan’s implementation could put long-overdue and readily achievable emission reductions at risk.

As we ring in the New Year, EDF will keep working with a diverse set of stakeholders across the country — including many state officials and power companies — to defend these critical environmental safeguards. At the same time, we will work vigorously to ensure that we achieve the reductions in carbon pollution envisioned by the program.

 

Also posted in Clean Air Act, Economics, Energy, EPA litgation, Green Jobs, Greenhouse Gas Emissions, Jobs, Partners for Change, Policy| Comments are closed

EPA Responds to States, Provides Useful Information for Developing Cost-Effective Programs to Reduce Carbon Pollution

By Pam Kiely and Nicholas Bianco

Earlier today the U.S. Environmental Protection Agency (EPA) released several draft  documents designed to provide additional information for states and other stakeholders as they work together to reduce emissions of carbon pollution from power plants.

EPA notes that making these working drafts available:

[A]llows us to share our work to date and to respond to the states that have requested information prior to the end of the Administration.

The materials provide valuable insights that can be used by states currently implementing or considering developing their own programs for reducing carbon pollution, and can be leveraged as states evaluate ongoing state policy efforts to achieve pollution reductions under the Clean Power Plan.

The Clean Power Plan establishes America’s first ever limits on carbon pollution from power plants. Once implemented, it will provide essential protections for public health and the environment – saving up to 3,600 lives each year and delivering up to $54 billion in annual climate and health benefits – while also reducing electricity bills for American families.

These documents reflect extensive public input and engagement as well as decades of practical experience reducing air pollution at the state and federal level. They provide constructive information in response to direct requests for this type of material made by states who are interested in having the best information available as they undertake their own planning, public engagement, and regulatory initiatives.

A letter submitted to EPA by 14 states  requested “additional information and assistance” to help states “prudently plan for and implement a variety of state and federal obligations” because many states, as well as their stakeholders, understand that continuing to navigate the dynamic transition underway today in the power sector requires comprehensively evaluating and integrating state policy priorities with their best understanding of existing and future federal policy.

While the Supreme Court has stayed enforcement of the Clean Power Plan, EPA’s provision of helpful information in response to this letter is entirely consistent with actions taken by past Republican and Democratic Administrations to provide clarification and information on Clean Air Act rules that had been stayed by the courts.

States such as Pennsylvania and Colorado have recently underscored their commitment to continuing state-driven efforts to address climate change and greenhouse gas emissions, while more than a dozen power companies have continued to affirm that the transition to cleaner energy resources and progress toward de-carbonization of the electric sector is ongoing.

State officials and many companies keenly understand that prudent evaluation of the federal policy landscape, and ongoing deployment of no-regrets strategies and investments that well-position them to meet declining limits on carbon pollution, make sense. Additional information about options for Clean Power Plan implementation will only facilitate sensible alignment of state efforts already underway.

EPA released four draft documents today:

  1. Draft state models to help policymakers and regulators develop state-specific strategies to realize the benefits and achieve the emissions reduction targets in the Clean Power Plan. The draft models outline two highly flexible approaches for reducing carbon pollution in a cost-effective manner. By providing these models, EPA is helping to facilitate state innovation and the realization of pollution reductions aligned with state policies and prerogatives. These models provide greater clarity about practical implementation considerations so that states have the best information available about cost-effective opportunities to reduce climate pollution as they move ahead navigating, and helping to facilitate, the transition underway in the power sector.
  2. Draft EM&V Guidance for Demand-Side Energy Efficiency. EPA published draft guidance that states can use if they decide to implement demand-side energy efficiency projects. This guidance details methods for ensuring that project developers deliver high quality projects by providing options for monitoring and verification procedures that states can adopt if they are interested. Such support is extremely valuable, particularly when one considers that energy efficiency projects routinely deliver $2 in savings for Americans for every $1 invested, and in some cases up to $5 for every $1 invested.
  3. Draft Clean Power Plan Tracking Systems White Paper. EPA released draft materials designed to further assist states by providing information about how a tracking system could be designed to facilitate administration of the program. In so doing, EPA further demonstrates the relative ease with which a state can administer a flexible, cost-effective program to achieve carbon pollution reductions.
  4. Draft Technical Support Document: Leakage Requirement. If choosing to adopt a mass-based emission budget trading program instead of other program alternatives, this document  provides valuable information for addressing emissions leakage and securing the emissions reductions contemplated by the Best System of Emission Reduction. In addition to the streamlined approach for leakage mitigation that EPA finalized in the Clean Power Plan (using larger state budgets with the “new source complement” and including all fossil sources in the program), the working draft helpfully outlines a set of sample strategies that states could potentially use to guarantee the expected emissions outcome of their program, depending on particular state circumstances. The draft document notes the expectation that any strategy will include a process for performing periodic evaluations and look-backs that states and EPA could use to ensure the effectiveness of those measures. It also discusses the value of establishing mechanisms to address any shortcomings in performance. Together these measures underscore the importance of continuing to ensure on an ongoing basis that state program design secures the expected level of emissions reductions, and highlights the many options available to do so.

These draft materials build on decades of experience that EPA and states have in successfully implementing flexible compliance programs to reduce air pollution and drive innovation, and they show how these approaches can be applied for the Clean Power Plan. These same flexible frameworks have been used to reduce emissions under other Clean Air Act standards at a fraction of the cost that opposing parties have claimed –  and there is strong evidence that this will hold true for the Clean Power Plan as well (for examples see here, here, and here).

Climate pollution from the electricity sector has already fallen 21 percent below 2005 levels – which means America is already almost two-thirds of the way towards the 2030 Clean Power Plan emission targets. Emissions reductions and clean energy investments are widespread across states and power companies – even those that may be opposed to the Clean Power Plan itself. Analysis conducted for EDF by M.J. Bradley & Associates found that all 27 litigating states can comply with the Clean Power Plan just by leveraging already planned investments coupled with flexible compliance programs. Many of the power companies litigating against the Clean Power Plan are also well positioned to reach their targets, thanks to the increasingly low cost of lower- and zero-carbon generation.

While this progress is encouraging, the analyses also show that the Clean Power Plan has an essential role to play in ensuring that reasonable protections from climate pollution are realized. With the release of today’s draft documents, EPA is responding to the request by states, power companies, and other stakeholders to share lessons learned for flexible cost-effective implementation of the Clean Power Plan. These insights will prove to be valuable to states at all stages of planning for a low-carbon future.

 

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

Congressman Gives Trump a Plan to Erase Health, Safety, And Environment Safeguards

At Risk: The Air We Breathe, Water We Drink, and Food We Eat

The conservative House Freedom Caucus has provided President-Elect Trump a “recommended list of regulations to remove.” Congressman Mark Meadows (R-NC), chair of the all-Republican Freedom Caucus, identified 228 federal rules they hope Trump will help eliminate.

Thirty-two of the proposals would roll back safety, health and environmental standards that protect the air we breathe, the water we drink, the food we eat, and our nation’s infrastructure (from pipelines to airports). By rolling back these regulations, the plan would essentially prevent the agencies responsible for protecting us from doing their job.

Another 43 proposals are aimed at undermining America’s progress on clean energy and climate change, pushing us away from energy efficiency and renewable energy sources toward more reliance on fossil fuels. This includes eliminating two dozen Department of Energy energy efficiency standards that save families money on energy bills, reduce energy waste, and prevent pollution.

Environmental Defense Fund has posted a copy of the Freedom Caucus document online (first obtained by the Washington Post) and added highlights to show the 75 health, safety, environment, and energy rollbacks.

The leading targets for these attacks are the Environmental Protection Agency and Department of Energy, but other agencies targeted include the Federal Aviation Administration, the State Department, the Department of Interior and others.

Trump’s Pick to Lead EPA Is An Added Threat

The danger of this regulatory ‘kill list’ is compounded by Donald Trump’s picks for key cabinet positions that would traditionally be the first to defend their agencies from political interference. Many of the recommendations are favorites of the fossil fuel lobby, which will have unprecedented power in Trump’s cabinet.

Trump’s decision to entrust Scott Pruitt with running the Environmental Protection Agency is especially dangerous. EPA is responsible for protecting our families from air and water pollution as well as toxic chemicals. Pruitt, however, has repeatedly and systematically teamed up with fossil fuel companies to sue the Environmental Protection Agency to prevent EPA action on regulating toxic mercury, air pollution and greenhouse gas emissions. In a 2014 investigative report, the New York Times exposed Pruitt’s “secretive alliance” with oil and gas companies while Attorney General of Oklahoma.

Breaking Down the Regulations at Risk

Here is a summary of some of the most alarming Freedom Caucus proposals that Pruitt and others in Trump’s cabinet will be looking over. The Freedom Caucus list has inaccuracies, and it seems to be based on the premise that Trump can erase rules with a stroke of the pen in the first 100 days. For most of these, he cannot, because the agencies have responsibilities to implement laws and are subject to oversight by the courts. But that does not mean that these regulations are safe from diversion of funds, lack of enforcement, legislative attacks, and other efforts to weaken them.

In the following list, the numbers in parentheses match the numbers in the House Freedom Caucus plan.

  • Eliminate air pollution standards for smog-forming ozone (174), lung-damaging soot (fine particles, 178), and rules to reduce air pollution from tailpipes (175, 181) and smokestacks (182, 183)
  • Reverse course on climate change, including: erasing carbon pollution regulations for power plants (173, 182, 183), tailpipes (175, 181), and airplanes (194); cancelling the Paris agreement (161); and eliminating the Green Climate Fund (172).
  • Roll back Clean Water standards that protect the Great Lakes (186), Chesapeake Bay (185), and to prevent pollution of wetlands (13) and rivers (199) across the nation.
  • Block regulations to prevent dangerous chemical accidents that release toxic chemicals into surrounding communities (189).
  • Jeopardize Worker safety, including repealing standards to prevent lung cancer among workers exposed to silica dust (135).
  • Repeal two dozen energy efficiency standards for appliances and industrial equipment (28-53).
  • Repeal natural gas pipeline safety standards passed in response to gas pipeline disasters, including the 2010 San Bruno disaster in California (153).
  • Repeal fuel economy and tailpipe standards for cars that are saving consumers money at the pump, reducing our dependency on oil, and reducing air pollution (175, 181).
  • Eliminate food safety regulations, including fish inspections (3).
  • Strip FDA’s authority to regulate the tobacco industry (55).
  • Repeal an FDA rule to safeguard our food supply against tampering by terrorists (83).
  • Eliminate the State Department agencies responsible for environmental science, protecting our oceans, and addressing climate change (162, 170, 171).
  • Block FAA regulations aimed at improving the safety of air traffic management at airports (156).
Also posted in Cars and Pollution, Clean Air Act, Greenhouse Gas Emissions, News, Policy, Science| Comments are closed

What Do the 2016 Elections Mean for the Clean Power Plan?

President-Elect Trump has repeatedly claimed that climate change is a “hoax,” and has appointed notorious climate denier Myron Ebell to run the transition team for the Environmental Protection Agency (EPA). During the campaign, Trump advocated for “scrapping” the Clean Power Plan – the nation’s first limits on harmful climate pollution from existing power plants, which are among the United States’ very largest sources of these contaminants.

Lost in this campaign rhetoric was the reality that states and companies across the country are already making cost-effective investments in transformative clean energy technologies that are rapidly reducing emissions of climate pollution across the power sector. These investments are helping deliver a more reliable and affordable electricity grid, yielding tremendous public health benefits by reducing emissions of soot and smog-forming pollutants, and driving job growth in communities around the country.

The Clean Power Plan builds on all of these trends and helps ensure they will continue for years to come, but the Trump Administration will be hard pressed to stop the progress underway in its tracks.

If Trump does try to roll back the Clean Power Plan, he will find himself on the wrong side of history, the law, and public opinion. The Clean Power Plan is firmly rooted in our nation’s clean air laws, and there are millions of Americans across the country – along with a broad and diverse coalition of states, cities, businesses, faith organizations, consumer advocates, and other leaders – who support these protections and will fight to preserve them.

cpp_supportmap_600Large Majorities of Americans Support the Clean Power Plan.

Donald Trump did not get elected with a mandate to dismantle important climate protections supported by large majorities of Americans. Poll after poll shows that Americans all across this country — in red and blue states alike — broadly support clean air, clean energy, and climate progress. This includes strong, diverse support for the Clean Power Plan, even in states currently suing over the standards. More than two-thirds of voters favor federal action to reduce emissions of pollutants that cause climate change.

If the new administration tries to take steps to roll back these important measures, they will have to do so knowing that they are woefully out of touch with the majority of the American people.

Weakening or rescinding the Clean Power Plan, or other public health and environmental protections, also won’t do anything to address the economic concerns that did figure prominently in Trump’s campaign.

As recent analyses by respected energy experts have demonstrated, the coal industry has been experiencing declining production and employment due to factors that have nothing to do with the Clean Power Plan – including intense competition from natural gas, the falling cost of renewables, and a slew of bad investment decisions. Even Senate Majority Leader Mitch McConnell recently expressed doubt that attacking environmental regulations will cause a turnaround for the coal industry.

At the same time, undoing the Clean Power Plan could adversely and needlessly affect long-term growth in America’s vibrant clean energy industry –  which currently supports hundreds of thousands of manufacturing and construction jobs around the country, and employs far more people than the coal or oil and gas industries.

Leading Businesses, Cities of All Sizes and in All Regions Support the Clean Power Plan

In addition to enjoying the support of millions of Americans, limits on carbon pollution represent good business and good governance. Our cities, states, and companies support limits on climate pollution and investments in new, clean energy technologies that bring jobs and economic opportunity to our communities.

The week after the election, more than 360 of the nation’s leading businesses — including DuPont, General Mills, Levi Strauss, Nike, and Starbucks — signed a remarkable statement urging Trump to honor the United States’ commitments in the Paris Agreement to reduce dangerous climate pollution. These companies declared that “Failure to build a low-carbon economy puts American prosperity at risk,” and that the “right action now will create jobs and boost US competitiveness.”

Power companies that together own or operate one of every ten megawatts of the nation’s generating capacity – including some of the nation’s largest operators of fossil fuel powered plants – are supporting the Clean Power Plan in court.

So are many large energy users. Leading businesses that employ tens of thousands of people in all regions of the country — including Adobe, Apple, Amazon, Google, IKEA, Mars, and Microsoft — recognize the importance of the Clean Power Plan to their economic growth and are also supporting the rule. More than 100 of America’s top companies signed a public statement this spring calling for “swift implementation” of the Clean Power Plan.

Adding to this groundswell of support, 18 States, 60 cities, the U.S. Conference of Mayors, and the National League of Cities are supporting the these standards in court. These municipalities include major cities in states that are litigating against the Clean Power Plan, such as Houston, Grand Rapids, and Miami.  Many of these cities are on the front lines of climate change and they know their citizens don’t want leaders who put politics above their safety and well-being.

Our Nation’s Clean Air Laws Require EPA to Protect the Public from Harmful Pollutants that are Destabilizing Our Climate

EPA has a legal responsibility to protect the public from dangerous climate pollution that threatens our prosperity, security, and public health.

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.

As so many Americans around the country recognize, the Clean Power Plan is a common-sense and cost-effective step towards fulfilling this bedrock legal obligation. Many companies and states also recognize that it provides unprecedented compliance flexibility that may not be replicated in another regulatory approach. Although Congress could attempt to modify or roll back the Clean Power Plan by amending the Clean Air Act, such action would be extremely controversial and encounter especially stiff opposition. Americans across the country — and the numerous states, municipalities, businesses, consumer advocates, faith organizations, and other leaders who support the Clean Power Plan — will vigorously oppose any attempt to weaken these vital, hard-fought protections for climate and public health.

The Incoming Administration Cannot Simply Dismantle the Clean Power Plan by Fiat

In addition to deep support, proponents of a safer climate have America’s bipartisan bedrock clean air laws on our side.

Any attempt to withdraw or modify the Clean Power Plan or other clean air protections would first have to go through the same rigorous, inclusive 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.

Previous Administrations that have attempted to make sweeping changes to Clean Air Act protections – including the George W. Bush Administration – abandoned these efforts in the face of strong public opposition and defeat in the federal courts.

The Clean Power Plan Builds on and Accelerates the Transition to a Clean Energy Future that is Already Under Way in the Power Sector

Perhaps the biggest reason opponents shouldn’t expect to overturn the Clean Power Plan overnight is that this important rule is only cementing the direction our energy system has been moving for years.

States and power companies across the country recognize this transition is the best way to provide ratepayers with affordable, reliable, and low carbon electricity – and they understand that the Clean Power Plan provides a common-sense, flexible, cost-effective framework for achieving those goals.

Even without the Clean Power Plan targets in effect, the Energy Information Administration has reported that power sector carbon emissions have fallen by 21 percent since 2005 –almost two-thirds of the way towards meeting the Clean Power Plan’s 2030 emission reduction targets.

Wind and solar are expected to account for almost two-thirds of the electric generating capacity added to the grid in 2016. Many states are on track to fully meet their Clean Power Plan reduction targets. Meanwhile, retail electricity prices actually fell in 2016 for the first time in many years.

That doesn’t mean the Trump Administration can’t attack the Clean Power Plan. We fully expect a fight, and we know it won’t be easy. But we are ready to fight – and we hope you’ll join us.

The transition to a clean energy future is already well underway, and it cannot and will not be stopped. The health and prosperity of America’s families and communities depend on it.

Also posted in Clean Air Act, EPA litgation, News, Partners for Change, Policy| Read 1 Response
  • 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