Selected category: Health

Less Science, More Cost: Why the Misguided “Secret Science” Bill Is Bad Policy

shutterstock_3243574012It’s a good idea for the U.S. Environmental Protection Agency (EPA) to rely on the best, most up-to-date science in making its decisions.

Seems like a fairly basic point — but recent legislation aims to thwart EPA’s ability to do so.

Rep. Lamar Smith’s (R-TX) “Secret Science Reform Act” will reportedly be back again this year and soon be on the move.  The bill would prohibit EPA from finalizing an action unless “all scientific and technical information relied on to support” the action is “publicly available online in a manner that is sufficient for independent analysis and substantial reproduction of research results.”

Like so many misleadingly-named bills of the past, this bill tries to sound like common sense – but in fact, it would do great damage to human health and the environment, as well as to a predictable regulatory environment for business.

A Blindfolded EPA

Here’s the first problem: to make informed decisions, some of the data EPA needs to use can’t be made public without doing damage to real people or to businesses.

Almost all of EPA’s work touches on issues of human health — relying, for example, on research that uses health records of asthma sufferers and their asthma attacks to see if they are associated with air pollution.

Data that involve private medical records of individual patients cannot – ethically or legally – be made fully public.

Here’s another example: businesses sometimes claim that information about their operations is legally protected from public release because it is “confidential business information.”

But under this legislation, EPA would be barred from relying on any study or any analysis unless they made all the underlying information publicly available.

What would be the real-world result for the safety of our air and water and the products we use?

Under this legislation, EPA decision-making would grind to a halt. For instance:

  • EPA would no longer be able to establish limits on emissions of hazardous air pollution into our air if a business claimed that any of the information EPA used to create the Clean Air Act protection was “confidential business information” that could not be released.
  • EPA could no longer issue national air quality standards that rely on studies about the health impacts of pollution if the studies relied in any part on confidential patient health data.
  • EPA could not make decisions about the safety of chemicals because such decisions would necessarily rely on information representing industry trade secrets.

EPA properly relies on peer-reviewed scientific research, and industry studies and data, to inform its efforts to protect public health and the environment. Particularly for health research, studies often involve confidential data that researchers are prohibited by law from disclosing. This legislation would force EPA to pretend that none of this valuable research exists when making substantial agency decisions.

The end result? Our health and environment is put at risk.

Congressional Budget Office Says It Will Cost Hundreds of Millions of Dollars to Implement

Here’s a second problem: even setting aside the enormous confidentiality problems in this legislation, it would be extremely costly to implement.

The “Secret Science” bill authorizes just $1 million in expenditures per year. But the Congressional Budget Office (CBO) estimates that implementing this bill would cost approximately $1 billion to implement over the next four years — and that’s their middle estimate.

CBO estimates that EPA relies on about 50,000 scientific studies every year to accomplish its mission — so providing public online access to all of the underlying data and information is an expensive proposition.

Alternatively, if EPA presses ahead on the basis of a smaller number of studies, EPA protections would be less well-informed and may not reflect the latest science. They could also be inaccurate or incomplete — and thus more vulnerable to legal challenges that would delay the implementation of important public health protections or timely decisions affecting industry operations.

CBO’s own predicted result?

  • “CBO expects that EPA would modify its practices, at least to some extent, and would base its future work on fewer scientific studies, and especially those studies that have easily accessible or transparent data.”
  • “On balance — recognizing the significant uncertainty regarding EPA’s potential actions under the bill — CBO expects that the agency would probably cut the number of studies it relies on by about one-half … CBO estimates the incremental costs to the agency would be around $250 million a year initially, subject to appropriation of the necessary amounts. In our assessment that figure lies near the middle of a broad range of possible outcomes.”
  • “If EPA continued to rely on as many scientific studies as it has used in recent years, while increasing the collection and dissemination of all the technical information used in such studies as directed by H.R. 1030, then implementing the bill would cost at least several hundred million dollars a year.”

The challenges of meeting these huge expenses are enormous. They’re even more daunting in light of simultaneous efforts by EPA’s opponents in Congress to dramatically curtail the agency’s budget.

Bedrock Safeguards Subject to Delay and Uncertainty

Here’s a third problem: the bill would prohibit EPA from finalizing an action unless all information relied on is “publicly available in a manner that is sufficient for independent analysis and substantial reproduction of research results.” Yet for many key health studies, it could take years — decades even — to “reproduce” some key research.

Some of the most rigorous, crucial health studies are based on health data that is collected over many years — for example, studies that follow a group of people over time to understand how their health is affected by environmental conditions. Such data is how we recognized that smoking causes cancer, to cite just one example.

By their very nature, results from such “longitudinal studies,” which may involve thousands of people, cannot be readily and rapidly “reproduced” as a laboratory study on mice might be. Yet such studies, when carefully designed and executed, can be among the most powerful in shedding light on how pollution impacts our health.

The troublingly vague language in this bill could be interpreted to mean that research results can only be used if time has been allowed for reproduction of research results. This presents EPA with an array of bad options: incurring enormous delay and expense to reproduce even the most sound, rigorous studies, even when other research already supports their findings; moving ahead on the basis of limited science and ignoring crucial health insights from the latest research and from longitudinal studies; or moving ahead with the benefit of insights from these studies—but facing needless uncertainty and litigation risk due to the troublingly vague language in the bill. Whichever way, EPA’s ability to protect human health and the environment would be undermined.

Best Available Science

Why would anyone support this legislation that would force EPA to rely on less science at more cost to taxpayers?

Well, it would benefit big polluters who would be handed more ways to pick apart EPA safeguards in court — or stop their creation in the first place. But for the rest of America’s businesses, it could increase uncertainty and economic challenges, because EPA would be hindered in using the industry’s own information in making decisions. And for American families, who would be put at risk by less informed safeguards, the “Secret Science” bill is a bad idea for science and for public health.

It’s just plain wrong to suggest that EPA relies on “secret” data. EPA depends on the best, most up-to-date science – including university research and industry analyses that are available to the public, but that rely on confidential data and information properly protected from disclosure under the law and under common decency.

Also posted in Science| Comments are closed

Western Leaders, Attorneys General Support BLM’s Oil and Gas Waste Policies in Court

8362494597_b5e016f63f_z-300x169By Jon Goldstein and Peter Zalzal

(This post originally appeared on EDF Energy Exchange)

The legal fight to defend the Bureau of Land Management’s (BLM) recent efforts to prevent oil and gas companies from wasting methane on public and tribal owned land continued yesterday.

EDF and a coalition of local, regional, tribal and national allies filed a brief opposing efforts by industry organizations and a handful states to block BLM’s protections before they even come into effect. 

The states of New Mexico and California also sought to participate in the legal challenges, likewise stepping up to defend BLM’s common sense standards. Notably, New Mexico is the largest producer of oil from public lands in the U.S. and the second largest producer of natural gas.

In seeking to stay BLM’s protections, the industry associations have claimed the standards have no benefits – so blocking them won’t have any impacts on the communities they are designed to protect.

But BLM’s oil and gas waste standards are about ensuring that operators use common sense technologies to capture natural gas that would otherwise be wasted. That preserves a valuable natural resource and cleans up the air, all while putting additional royalty payments in the pockets of Western communities that can be used to fund schools, roads and important infrastructure.

For example, a recent analysis found that in 2013, oil and gas companies operating on public and tribal lands wasted more than $330 million worth of gas – more than $100 million of that from New Mexico alone. This translates to lost royalty revenues for local communities. One report estimates that without action to reduce this waste, taxpayers could lose out on more than $800 million in royalties over the next decade.

The challengers’ legal claims stand in stark contrast to the facts on the ground. Evidence of the broad-based benefits of BLM’s Waste Prevention Rule was readily apparent in yesterday’s court filings supporting the protections..  Current and former state and county officials and everyday Westerners alike let their voices be heard about the importance of common sense measures to preserve public resources and protect the environment.

For example, in their filing seeking to participate in the case, the states of New Mexico and California emphasized:

Implementation of the Rule will benefit the States of California and New Mexico by generating more annual royalty revenue . . . . In addition, the Rule will benefit the health of the states’ citizens who are exposed to harmful air contaminants leaked, vented and flared from federally-managed oil and gas operations . . . . The People of California and New Mexico have a strong interest in preventing the waste of public resources, as well as in reducing the emission of harmful air pollutants that threaten the health of the states’ citizens, the integrity of their infrastructure, protection of their unique environments and ecosystems, and the continued viability of their economies. ( Filing, pages 2 and 3)

And in their filing opposing the preliminary injunction, these states claimed:

Because the Rule is likely to result in the stronger protection of federal lands and greater prevention of the waste of natural resources, which belong to the People, the public interest weighs strongly in favor of denying the injunction. (Filing, page 16)

The benefits that New Mexico and California identified are broadly shared and were likewise reflected in declarations submitted by county officials and former state officials in support of the standards.

Current La Plata County Colorado Commissioner Gwen Lachelt identified both the problem of resource waste on public lands and the benefits for Western counties like hers in addressing it:

The San Juan Basin, in which La Plata County is situated, has one of the highest rates of wasted gas and methane loss in the country, accounting for nearly 17% of U.S. methane losses.

In addition to wasted methane, oil and gas sites in La Plata County and the San Juan Basin release dangerous pollutants such as benzene and ozone-forming pollutants that can lead to asthma attacks and worsen emphysema . . . . This air pollution continues to be a regional public health hazard, and has contributed to La Plata County receiving a low grade for poor ozone air quality from the American Lung Association…

The Rule will benefit La Plata County by providing additional royalties that we can use to fund key County priorities—including infrastructure, roads, and education—while also helping to clean up the air in the San Juan Basin, which will have health benefits for our citizens. (Filing, page 4 and 5)

Lachelt points out that unlike other leading oil and gas states like Colorado, New Mexico has no policies to reduce methane waste and other pollution from oil and gas wells, and that BLM’s efforts will help to provide uniformity across state lines.

Sandra Ely, a former Chief of the New Mexico Environment Department’s Air Quality Bureau likewise submitted a declaration describing the importance and benefits of the BLM standards. She particularly focused on the long-standing problem of resource loss in the San Juan Basin. The region made headlines in recent years when NASA scientists discovered a 200-square-mile methane cloud over the region – the largest methane cloud uncovered in the U.S. Subsequent studies determined that oil and gas emissions were the main contributor to the methane “hot spot.”

I am aware of a recent study, focused on the San Juan Basin, which suggested that BLM’s proposed leak detection and repair requirements alone would result in anywhere from $1–$6 million dollars of additional revenue for New Mexico… Absent the Waste Prevention Rule, I am concerned that resource loss and poor air quality associated with oil and gas development will continue unabated in New Mexico (Sandra Ely, Filing, page 7)

Western leaders have been vocal in their support for BLM’s sensible standards that take an important energy resource out of the air and deliver it responsibly to the American public. At public hearings that the BLM held across the west these rules were supported by more than 3 to 1 margins. More than 80 local officials across the West, including county commissions in La Plata, Park and San Miguel counties in Colorado and Bernalillo, Rio Arriba and San Miguel counties and the Santa Fe city council in New Mexico, all support the protections. And these rules enjoy broad bipartisan public support as well (more than 80 percent of Westerners in a recent poll).

Given this cross-cutting support and yesterday’s forceful legal filings, it’s no wonder that industry challengers in this case don’t even want the judge to hear the views of New Mexicans and Californians. Yesterday, they indicated that they would oppose these states’ efforts to protect the interests of their citizens by participating in the case. While this reflexive obstructionism isn’t surprising—industry petitioners filed their legal challenges within 40 minutes of the rule being finalized and tried to block the standards’ effectiveness shortly thereafter—it certainly reveals their very one-sided view of what is in the public’s interest.

The Wyoming Court is scheduled to hear oral argument in this case on January 6. We look forward to continuing to defend these standards that will clean the air and prevent waste.

Also posted in Economics, Energy, Greenhouse Gas Emissions, News, Partners for Change, Policy| Comments are closed

Latino Voters Agree: Now is the time to reduce pollution and invest in clean energy

By Lucía Oliva Hennelly, EDF Campaign Manager, New Climate Partnerships & Andy Vargas, EDF Congressional Hispanic Caucus Institute (CHCI) Public Policy Fellow.

How important do you think it is that the next President and new Congress take steps to reduce smog and air pollution? What about actions to develop clean energy sources like wind and solar power?

These are a questions asked by Latino Decisions, a leading national polling firm, in a representative national poll of Latinos who voted in the 2016 elections. Latino Decisions research released this week shows that 75 percent of Latino voters believe it is extremely or very important that the next President and Congress take steps to reduce smog and air pollution. And 71 percent of Latino voters believe it is extremely or very important that the next President and Congress take steps to pass legislation to aggressively combat climate change. This was also found in key states including Arizona, Colorado,  North Carolina, and Nevada.

While the results should not be surprising, they are noteworthy in a month when President-elect Donald Trump has nominated an environmental antagonist to lead the Environmental Protection Agency and the CEO of ExxonMobil to lead the State Department.capture

These findings demonstrate that Latino communities care deeply about our environment, our changing climate, and how this impacts our families. The assumption that Latino voters only care about immigration reform — despite being disproportionately impacted by issues like air pollution and toxic exposure – needs to be discarded. Read More »

Also posted in Energy, Jobs, Latino partnerships| Comments are closed

Defending BLM Standards that Reduce Waste, Protect Air Quality

us-doi-blm-logo-300x261EDF, along with a coalition of health and environmental groups, just filed a motion to intervene in defense of vital new standards that will prevent the wasteful loss of natural resources, save money for taxpayers and tribes, and reduce emissions of dangerous and climate-disrupting pollution.

The Bureau of Land Management’s (BLM) waste prevention standards will reduce venting, flaring, and leakage of natural gas on BLM-managed federal and tribal lands – but they are being challenged in U.S. Federal District Court in Wyoming by oil and gas industry groups and three states.

Federal and tribal lands are an important source of oil and gas production. Together, the amount they produce is the equivalent of five percent of the U.S. oil supply and 11 percent of the U.S. natural gas supply, and generates more than $2 billion annually in royalties.

Unfortunately, oil and gas companies that lease these federal and tribal lands lose substantial amounts of publicly-owned natural gas through unnecessary venting, flaring, or leaking at production sites.

A recent study from ICF International found that in 2013, drilling on federal and tribal lands —mostly in the rural West— leaked, vented, and flared natural gas worth about $330 million. An analysis from the Western Values Project estimates taxpayers could lose almost $800 million over the next decade if wasteful venting and flaring practices continue.

In addition to wasting a public resource, oil and gas companies’ unnecessary venting, flaring, and leakage on federal and tribal lands also poses significant public health and safety risks.

The wasted natural gas is primarily composed of methane – a powerful greenhouse gas, capable of warming the climate at a rate 84 times that of carbon dioxide over a 20-year period.

The leaked, vented, and flared natural gas also emits air pollutants including carcinogens such as benzene, and volatile organic compounds – which contribute to hazardous smog.

BLM’s recently finalized venting and flaring standards deploy common sense, cost-effective, and readily available technologies — already effectively in use in several states across the country — to capture this gas.

The standards yield significant benefits by minimizing the waste of a taxpayer-owned natural resource, and by curbing emissions that contribute to air pollution and climate change, all while helping to create new jobs in methane mitigation. They will save, and put to productive use, up to 56 billion cubic feet of gas a year — enough to supply up to 760,000 households – and will provide millions in additional revenues for taxpayers.

The standards will also cut methane emissions by up to 169,000 tons per year — the equivalent to carbon emissions from as many as 890,000 vehicles.

These benefits will accrue to millions of people across the country, including those living near oil and gas development on federal and tribal lands.

EDF member and New Mexico rancher Don Schreiber has more than 100 oil and gas wells on and near his ranch in the San Juan Basin that will now be covered by the BLM standards. In a declaration supporting EDF’s motion to intervene, he describes the impact of venting, flaring, and leaking from these wells on his family and, in particular, his grandchildren:

Most noticeable is the near-constant smell from leaking wells. …  These odors make breathing uncomfortable and often cause us to leave affected areas as quickly as possible. … We worry about [our grandchildren’s] exposure to air pollutants from oil and gas development on the property, and always are careful to keep them away from the wells and above ground pipeline equipment. Protecting our grandchildren from the negative health effects of oil and gas emissions is a constant concern when they come to visit us. (New Mexico rancher Don Schreiber, Declaration)

With the new standards, he anticipates a reduction in the “harmful air pollution near my home and in the state where my family and I live, work, and recreate.” (Declaration)

BLM’s efforts to reduce natural gas waste have broad and cross-cutting support from elected officials and community members across the West. In a recent bipartisan poll of Western states, 80 percent of respondents supported BLM standards to curtail waste of this valuable resource. And, over the course of several years during which the rule was under development, BLM solicited the feedback of community stakeholders, oil and gas developers, and local, tribal and state governments. The final rule is the result of a collaborative and deliberate process and includes changes that reflect this stakeholder input.

Standing in stark contrast to this careful process, industry associations rushed to file legal challenges seeking to overturn the waste prevention rule within 40 minutes after it was released — hardly enough time to read the rule, let alone meaningfully consider its contents.

And in a subsequent filing seeking to block these protections before they become effective, these industry associations put forward a number of flawed claims, not least of which was their suggestion that BLM acted unlawfully because its rule may “only” produce additional annual royalty revenues of $22.4 million — a sum the filing characterizes as “de minimis.”

While $22 million annually may be an insignificant amount for the oil and gas companies litigating to overturn this rule, it has real meaning for infrastructure projects, schools, and communities across the country that stand to benefit from this funding.

It’s unfortunate that some have engaged in reflexive efforts to roll back protections designed to prevent the waste of our nation’s public resources and, at the same time, protect our air quality and climate.

The good news is that BLM’s commonsense standards are firmly rooted in the agency’s manifest authority to minimize waste and to address the harmful health and environmental consequences of oil and gas development on federal lands.  We at EDF look forward to vigorously defending these standards in court.

Also posted in Economics, Energy, Greenhouse Gas Emissions, Partners for Change, Policy| Comments are closed

The Clean Power Plan: A Public Health Imperative

By Mezbuz via Wikimedia Commons

By Mezbuz via Wikimedia Commons

(EDF Attorney Ben Levitan co-authored this post)

The Clean Power Plan – our nation’s first-ever standards to limit dangerous carbon pollution from power plants – will help us address the urgent threat of climate change and move toward a clean energy future. It also offers important public health benefits.

Once fully implemented, the Clean Power Plan will reduce enough emissions of soot and smog-forming pollution to prevent up to 90,000 asthma attacks, 1,700 heart attacks, and 3,600 premature deaths — every year.

That’s in addition to the Clean Power Plan’s tremendous contribution to fighting climate change. Climate change itself leads to harmful health impacts, including heat-related illnesses and deaths, longer allergy seasons, more asthma attacks from worse air quality, and more risk from vector-borne diseases like Zika, Lyme disease and West Nile virus.

Just this week, a group of 1,300 health and medical experts from all 50 states issued a Health Professionals Declaration on Climate Change calling for swift action on climate change to protect public health:

We know that the health of every American is threatened by climate change. This statement articulates our agreement on the urgency of addressing climate change to protect human health … Delay only undermines our success, and the longer we wait, the more lives will be affected.

The Clean Power Plan will reduce carbon pollution from existing power plants by 32 percent below 2005 levels, making it the most important step our nation has taken so far to combat climate change. So it’s no surprise that the public health community has joined the broad and diverse coalition supporting the Clean Power Plan in the U.S. Court of Appeals for the D.C. Circuit.

In a powerful amicus, or “friend of the court,” brief, eight leading health associations explained the public health benefits at stake in this litigation. The brief — from the American Medical Association, the American Academy of Pediatrics, and others — underscores that defending the Clean Power Plan is critical to the health of our families and communities.

Public Health Benefits of the Clean Power Plan

In the brief, medical experts describe many of the health hazards wrought by climate change —hazards that the Clean Power Plan will have a crucial role in mitigating:

  • “Direct impacts from the changing climate include heat-related illness, declines in air quality, and increased respiratory and cardiovascular illness… Physicians in the United States are already observing the adverse human health effects of climate change.” (Health Associations Brief at page 2)
  • “Children younger than five, adults older than sixty-five, low-income individuals and communities of color are most vulnerable to the adverse health impacts of climate change given their reduced resilience to health hazards. These populations are at greatest risk of developing both chronic and acute illnesses from climate-related environmental factors.” (Health Associations Brief at pages 17 and 18)
  • “[W]arming trends allow for increases in vectors carrying harmful diseases. Higher temperatures expand the range of environments suitable to disease-carrying species, and contribute to a rise in extreme weather events that produce conditions conducive to clusters of water-, mosquito- and rodent-borne diseases.” (Health Associations Brief at page 9)
  • “There is a well-documented connection between rising temperatures and death, especially among the elderly and people with chronic disease. As one dramatic example, the 2003 European heat wave is estimated to have led to approximately 50,000 deaths in August alone… Similar impacts have been seen in the United States. In July 1995, Chicago experienced a heat wave that resulted in more than 600 excess deaths, 3,300 excess emergency department visits, and a significant increase in intensive care unit admissions for heat stroke. And a 2006 California heat wave was associated with over 16,000 excess visits to the emergency room and 1,182 excess hospitalizations.” (Health Associations Brief at pages 6 and 7)
  • “Failure to uphold the Clean Power Plan would undermine EPA’s ability to carry out its legal obligation to regulate carbon emissions that endanger human health, and would negatively impact the health of current and future generations of Americans.” (Health Associations Brief at page 3)

Here’s the full list of signatories to the brief:

  • American Academy of Pediatrics
  • American Medical Association
  • American Thoracic Society
  • National Medical Association
  • American College of Preventive Medicine
  • American College of Occupational and Environmental Medicine
  • National Association for Medical Direction of Respiratory Care
  • American Public Health Association

Health Workers Affirm the Public Health Imperative for the Clean Power Plan

The brief from these major health associations was echoed in other filings by some of our nation’s largest associations of health care workers.

In a declaration, Fernando Losada of National Nurses United — America’s largest federation of registered nurses — noted that National Nurses United members experience:

direct exposure to the harmful impacts of climate change and air pollution on their patients and community health in general. (Losada declaration, paragraph 3)

The declaration also highlights the particular risks faced by health care professionals:

increased rates of infectious disease are emerging due to the impact of global warming on vector ecology and water quality. Any increased incidence of infectious disease in the U.S. poses a risk for all Americans but particularly for our members. (Losada declaration, paragraph 5)

Service Employees International Union (SEIU) — the largest health care union in the United States —also filed an amicus brief that detailed the manifest public health risks from climate change.

The SEIU brief highlighted in particular that the Clean Power Plan:

will produce substantial climate and health-related benefits in low-income communities and in communities of color. (SEIU brief, page 15)

Broad, Diverse Coalition of Clean Power Plan Defenders

Spanning a wide spectrum of medical expertise, all of these health experts agree that upholding the Clean Power Plan is a public health imperative.

The health experts join a vibrant coalition of Clean Power Plan supporters that includes 18 states, sixty cities, leading business innovators (including Google, Apple, Amazon, and Microsoft), leading legal and technical experts, major consumer protection and low-income ratepayer organizations (including Consumers Union and Public Citizen), faith groups, more than 200 current and former members of Congress, and many others. On EDF’s website, you can read the legal briefs that each of those groups has filed in defense of the Clean Power Plan.

As leading health experts and other supporters have affirmed, the Clean Power Plan is an essential step to protect our children from illness and leave a safer, healthier world for future generations.

 

 

 

 

 

 

 

 

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

Five things you need to know before the Clean Power Plan oral argument

alternative-21581_640The Clean Power Plan oral argument is coming up soon. On September 27, attorneys will present their arguments in front of the full U.S. Court of Appeals for the D.C. Circuit.

EPA and the many supporters of the Clean Power Plan have already filed their written arguments – and so has the coalition of coal companies and their allies that are challenging the rule. (You can read all their submissions here.) And just yesterday, the D.C. Circuit released the final order on the argument’s format and duration.

The Clean Power Plan is America’s first-ever nationwide program to reduce carbon pollution from power plants. It sets eminently achievable carbon emission targets that phase in gradually, in line with current power sector trends, while giving states and power companies tremendous flexibility to determine how best to meet these goals.

As we approach September 27, here are five key facts to keep in mind:

  1. The Clean Power Plan has supporters across the country.

Power companies and state and local officials in forty-one states are supporting the Clean Power Plan in court – either through their state attorney general, a local power company, or a municipality. And there are a lot more supporters as well.

The final submitted briefs reflect a wide array of important perspectives in our society. Supporters of the Clean Power Plan in court include:

  • Leading businesses. Power companies that produce about 10 percent of our nation’s electricity as well as prominent, iconic businesses including Adobe, Amazon, Apple, Google, IKEA, Mars, and Microsoft
  • States and municipalities. 18 states and 60 cities, including major cities in states that are litigating against these protections – like Houston, Grand Rapids, and Miami
  • Consumers Union and other organizations addressing the economic benefits for consumers and low income ratepayers from expansive, low cost clean energy solutions
  • 41 faith communities including the National Council of Churches and the Catholic Climate Covenant
  • Numerous renewable energy companies that are members of the Advanced Energy Economy, American Wind Energy Association, and Solar Energy Industries Association, which together represent more than 3,000 companies in the advanced energy sector, a $200 billion industry in the United States
  • 25 business associations including American Sustainable Business Council, U.S. Black Chambers, Inc., as well as state associations from West Virginia, Kentucky and Ohio, among others
  • Current and former members of Congress, including 36 sitting Senators and 157 sitting members of the House
  • Leading public health associations such as the American Medical Association and the American Academy of Pediatrics
  • National security experts including former Secretary of State Madeleine Albright and former Secretary of Defense Leon Panetta
  1. The legal and technical foundation of the Clean Power Plan is rock solid.

The Supreme Court has affirmed EPA’s authority to regulate greenhouse gases under the Clean Air Act three times since 2007. In American Electric Power v. Connecticut (2011), the Supreme Court specifically held that section 111(d) of the Clean Air Act – the provision that underlies the Clean Power Plan – “speaks directly” to the regulation of carbon pollution from existing power plants.

EPA exhaustively analyzed the Clean Power Plan to ensure that it was based on the best available technical information and would not compromise the affordability or reliability of our electricity supply. EPA also reviewed millions of comments, received on every aspect of the proposed version.

A range of renowned experts have affirmed the robust legal and technical bases for the Clean Power Plan in amicus brief submissions to the D.C. Circuit, including:

  • The Institute for Policy Integrity — represented by New York University Law Dean Emeritus Richard Revesz
  • Former EPA Administrators William Ruckelshaus and William Reilly, who served under Presidents Nixon, Reagan and George H.W. Bush — represented by Harvard Law School’s Jody Freeman and Richard Lazarus
  • Leon Billings and Tom Jorling — the principal drafters of the 1970 Clean Air Act
  • Former state energy and environmental officials — including Larry Soward, Commissioner at the Texas Commission of Environmental Quality under Texas Governor Rick Perry
  • Premier electric grid experts, who affirmed that EPA’s approach is fully in line with on-going power sector trends
  • Top climate scientists, who articulated the latest research on observed and projected impacts from our changing climate
  1. The tremendous pace of clean energy development further reinforces the Clean Power Plan’s reasonableness.

The cost of renewable energy is falling at an extraordinary rate, spurring dramatic expansion in its use. The cost of new wind power has dropped 60 percent — and the cost of new solar by 80 percent — since just 2009.

Renewable energy is anticipated to make up approximately 63 percent of new capacity additions in 2016. In fact, the amount of new renewable energy capacity developed in the first three months of 2016 exceeded new natural gas by a factor of more than seventy to one. Almost 100 gigawatts of additional new renewable energy resources are now projected in the United States by 2020, and annual investment in energy efficiency has quadrupled in the last decade.

America’s powerful clean energy trends further buttress the feasibility of the Clean Power Plan’s targets. But you don’t have to take our word for it — because power companies have said so themselves.

In their Clean Power Plan filing, major power producers emphasized their strong support for the Clean Power Plan, highlighting that it “harnesses existing trends within the electricity sector” and was set “with ample margin and attention to what is practically attainable.”

As the companies noted, both they and the power sector in general have “have successfully reduced emissions within their generation portfolios without compromising reliability and will continue to do so” under the Clean Power Plan.

Dominion Resources, an owner of several large coal-fired power plants in the Mid-Atlantic, affirmed the feasibility of compliance in a lengthy amicus brief submitted in support of the Clean Power Plan.

  1. States and power companies are charging ahead.

On February 9, 2016, the Supreme Court stayed enforcement of the Clean Power Plan in an unprecedented order. Nonetheless, states and power companies are voluntarily moving ahead, in recognition of the tremendous value in following the Clean Power Plan’s flexible, sensible approach to achieving emissions reductions.

More than half of states are continuing to assess planning options under the Clean Power Plan. 14 states across the country have explicitly requested that EPA continue providing information and guidance to help them make informed decisions about potential Clean Power Plan obligations as they continue moving forward. California developed its proposed Clean Power Plan state plan in a year and released it for public comment earlier this month. State officials across the country have voiced support for sensible continued planning — as one Wyoming state legislator put it, “Wyoming should be prepared.” (See a full compilation of state statements on the Clean Power Plan here.)

Power companies across the country have expressed similar sentiments. A representative from Mid-American Energy highlighted that they “wish” the stay hadn’t happened, because of the resulting uncertainty. American Electric Power, a major producer of coal-fired electricity, said that the Supreme Court stay “doesn’t change our focus on the diversification of our generation fleet,” and those diversification plans include more gas and renewables. Power companies are already investing in clean energy in response to the market and their customers — for these companies, any delay in planning creates needless risk and uncertainty.

  1. This record-breaking summer highlights just how urgently we need sensible climate protections.

It’s challenging to encapsulate all the extreme weather we’ve witnessed in 2016. Just in the U.S., we’ve experienced a series of dangerous heat waves, deadly floods, and extreme storms. This week’s flooding in Louisiana is just the latest heart-rending example — with lives tragically lost and upended across the state. Yesterday, NASA announced that July 2016 was the warmest month ever in 136 years of modern record-keeping. According to the World Meteorological Organization, 2016 is firmly on track to be the warmest year yet. The Weather Channel noted all of these wild weather events from the first six months of 2016 together here, in a website on 2016’s “Weirdest Weather.” All these events are fully in line with the hotter, more extreme weather that’s predicted under a changing climate.

Meanwhile, new research only underscores the human health costs of climate change. Mitigating the human health impacts of climate change will add to the Clean Power Plan’s substantial health benefits from reducing soot and smog pollutants. EPA estimates that once the Clean Power Plan is fully implemented, these reductions will — every year — avoid 3,600 premature deaths, 1,700 heart attacks, 90,000 asthma attacks, and 300,000 missed workdays and schooldays.

These climate risks and essential health benefits highlight the importance of having a mandatory framework to ensure emissions reductions. Clean energy trends are already charging ahead, but investors need the certainty that the Clean Power Plan provides — and all Americans’ health and well-being are depending on it.

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