Selected category: Clean Air Act

The Tenth Anniversary of Massachusetts v. EPA

U.S. Supreme Court

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

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

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

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

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

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

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

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

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

Climate Protections under Massachusetts v. EPA

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

Once Clean Cars Standards are fully implemented in 2025:

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

Under EPA’s Clean Trucks Standards:

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

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

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

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

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

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

Scott Pruitt Is Evading his Obligations under Massachusetts v. EPA

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

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

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

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

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

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

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

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

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

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

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

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

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

The Science of Climate Change is Clear

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Legacy of Massachusetts v. EPA

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

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

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

America’s Leaders Weigh in on the Dangers of Proposed EPA Budget Cuts

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Details of President Trump’s budget for the Environmental Protection Agency (EPA) have started leaking out — and they are alarming, to say the least.

The reported budget cuts outline a disturbingly stark vision for the nation’s guardians of human health and the environment, cutting EPA staff by one-fifth and resources by 25 percent.

This budget would reportedly slash funding to restore the Great Lakes and the Chesapeake Bay, for state air quality grants, for environmental justice programs, for safe drinking water grants to states, and much more.

It would also reportedly gut EPA’s Office of Research and Development, the office responsible for guiding the agency’s approach to science. The Office of Research and Development includes vital work like the Safe and Sustainable Water Resources program.

This short-sighted budget proposal would mean dirtier air and water. It would mean more deaths among American citizens, and more asthma attacks among American children.

That’s why reports of a budget proposal this alarming has drawn criticism from all corners of America, from red and blue states alike.

As Jim Brainard, the Republican Mayor of Carmel, Indiana put it:

I haven't met a Republican or Democrat yet that wants to drink dirty water or breathe dirty air.

Members of Congress from both parties, former EPA administrators serving under both Republican and Democratic Presidents, experts from state and local air agencies, environmental justice groups, and others all agree:

William Ruckelshaus, EPA Administrator for Presidents Nixon and Reagan:

A strong and credible regulatory regime is essential to the smooth functioning of our economy… Budget cuts that hurt programs that states now have in place to meet those duties run the risk of returning us to a time when some states offered industries a free lunch, creating havens for polluters. This could leave states with strong environmental programs supported by the public at a competitive disadvantage compared to states with weak programs. In other words, it could lead to a race to the bottom.

Christine Todd Whitman, EPA Administrator for President George W. Bush:

I haven’t ever really seen anything quite like this,” and on the enforcement of environmental rules, “a lot of that enforcement is protecting people.

Gina McCarthy, EPA Administrator for President Obama:

This budget is a fantasy if the administration believes it will preserve EPA’s mission to protect public health… It ignores the need to invest in science and to implement the law… It ignores the lessons of history that led to EPA’s creation 46 years ago. And it ignores the American people calling for its continued support … This is actually going to be devastating for the agency’s ability to protect public health.

WE ACT for Environmental Justice:

Trump's proposed cuts to EPA's programs are racist and an attack on EJ communities nationwide.

Dominique Browning, founder of Moms Clean Air Force:

No mom — whether Republican, Democrat, or Independent — voted for air pollution. No mom voted for anything that would endanger her children’s health. We’ve come a long way in cleaning up air pollution, and cutting back EPA’s efforts to enforce the rules that protect us — in favor of polluters’ profits — runs completely against what mothers and fathers across the country want: safe and clean air.

National Association of Clean Air Agencies director Bill Becker:

These cuts, if enacted by Congress, will rip the heart and soul out of the national air pollution control program and jeopardize the health and welfare of tens of millions of people around the country… I can guarantee with certainty that at least in the air pollution area, there will be many more people who will die prematurely and tens of thousands, perhaps millions more, who will get sick unnecessarily… [the cuts will have] a direct and serious adverse health impact on almost every major metropolitan area in the country.

Rep. Mike Simpson (R-Idaho):

There’s not that much in the EPA, for crying out loud. (Simpson also noted that Republicans had already reduced EPA’s budget significantly in recent years.

Rep. Tom Cole (R-Oklahoma):

EPA has been cut by over 20 percent in the last few years. The discretionary budget has been lowered pretty dramatically compared to how it was in 2009, and it’s under what [Speaker] Paul Ryan (R-Wis.) thought it would be in his budget.

Sen. Tom Carper (D-Delaware):

Reckless cuts to the EPA — the agency responsible for protecting public health and our environment — are not what Americans voted for in November.

Rep. Dave Joyce (R-Ohio):

[W]e’re not going to let that happen, we’re going to continue to oppose cuts to the [Great Lakes Restoration Initiative] and we’re going to mobilize our voting forces to let them know that this isn’t going to stand.

Sen. Debbie Stabenow (D-MI):

[Proposed cuts to the Great Lakes Restoration Initiative are] outrageous … this initiative has been critical to cleaning up our Great Lakes and waterways, restoring fish and wildlife habitats, and fighting invasive species, like Asian carp… I call on President Trump to reverse course on these harmful decisions.

John Stine, Commissioner of the Minnesota Pollution Control Agency:

It would cut across every area of our work… It would hurt the people who look to [our] programs for protecting the quality of their health and the quality of the places they live… We need people to understand that this work is not just … abstract, these are all people and places that are at some level of risk.

American Lung Association:

Slashing funding for programs that are proven to save lives is a disastrous strategy; cuts to key lung health programs at EPA and HHS make Americans less secure and less protected from known health threats such as the next influenza pandemic and air pollution. Our nation's scientists and doctors will be less likely to find cures and better treatments for the millions of Americans with lung cancer, COPD and asthma.

Clean air, water, and other environmental safeguards are essential to Americans’ lives. The vast majority of Americans across the country support EPA’s mission – a mission the agency has been carrying out under both political parties for almost half a century, and one that that has led to incredible progress in cleaning and protecting our air and waters.

Also posted in Health, News, Partners for Change, Policy, What Others are Saying| Comments are closed

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

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

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

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

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

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

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

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

Pruitt Is Wrong on Climate Science

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

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

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

NASA

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

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

U.S. National Academy of Sciences

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

U.S. Global Change Research Program

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Facts Are Clear

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Low-Carbon Energy Helps Fuel a Vibrant Economy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

 

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

Misguided Regulatory Accountability Act Will Increase Red Tape, Obstruct Vital Safeguards for Millions of Americans

New legislative proposals on the Hill put long-standing public health, safety and environmental protections at risk.

These so-called “regulatory reform” efforts sound innocuous, but they would dramatically increase red tape and industry lobbyist influence – eviscerating bedrock statutory protections for American communities.

Take just one example – the Senate version of the Regulatory Accountability Act from 2015, which is widely seen as a potential foundation for legislation in this new Congress.

With this legislation, the development of any new protections – new clean air protections, new food safety requirements, new care standards for veterans, new child safety regulations – would be subject to a range of needless additional hurdles. And if the protections couldn’t get through the hurdles in time, then the whole process would have to start again, from scratch. Important safeguards would face time-consuming, costly new burdens – burdens that would fall on the public, on businesses, and anyone trying to participate in the decision-making process.

These additional, costly hurdles will give powerful interests that can afford expensive lawyers a leg up in the rulemaking process – allowing them to delay and obstruct protections they don’t like, as well as boosting their chances of fighting in court – while tilting the playing field against everyone else.

Here’s a head-spinning diagram showing what the process for drafting a new safeguard would look like if this proposed legislation became law:

Here are just some of the burdensome new requirements included in the 2015 version of this legislation:

Paralysis by Analysis to Derail Vital Safeguards

The Regulatory Accountability Act would impose needless analytic requirements on proposed new protections that would add a heavy burden without any benefit. Agencies already exhaustively assess the costs and benefits of new protections, but this legislation would require agencies to analyze and compare a potentially limitless number of proposed alternatives to the plan they think is best, using a variety of new, additional analyses.

A new crib safety regulation, for example, put forth in response to evidence of a real threat to babies, might have to wait years while an agency completed a host of vague, undefined analyses for each alternative proposed by industry — as detailed in the diagram above. A court would then have broad authority to scrutinize the analyses’ adequacy, giving industry attorneys another chance to challenge and block important safeguards.

Thumb on the Scale Against Protecting Americans from Serious Harm

Not surprisingly, within the very long list of additional requirements in the Regulatory Accountability Act, there’s barely a hint of considering any of the benefits of health and safety protections – healthier and safer lives, stronger communities, new jobs in clean energy and health and safety fields, among many others.

Least Common Denominator

Under the Regulatory Accountability Act, at the initiation of rulemaking an agency would have to solicit alternatives for accomplishing the objectives of the agency “with the lowest cost.” For many rules, the agency would generally be required to adopt the least-costly option considered – regardless of the benefits of the different options.

Under this reasoning, a drinking water protection that imposes no costs would beat out one that imposes $1 in costs, even if the latter yielded substantially better protection and major health benefits.

While the Regulatory Accountability Act would permit an agency to adopt a rule that is “more costly than the least costly alternative,” it would only be authorized where the agency has completed additional burdensome analysis and explanation that would be subject to challenge in court – creating obvious pressure to default to the least protective approach.

More generally, this rigid requirement would override existing laws and leave safeguards more vulnerable to challenge in court from those opposed to protection.

Science on Trial

The Regulatory Accountability Act would allow anyone to request a formal hearing on the record with cross-examination of the parties over disputed facts. This addition would amount to a trial-like procedure at the proposal stage, and could be invoked in a wide range of circumstances. Echoing a theme of this legislation, the burden of proof would be against protection. There’s no clarity about what counts as a disputed fact – meaning that this burdensome, needless exercise could be invoked to rehash long-settled issues about health and environmental risks.

Consider a new air pollution protection – EPA might now be subject to an entire hearing procedure to re-prove that smog causes asthma attacks and other lung diseases. This requirement would add major delays and costs to implementation of any protection, and would put industry and other moneyed interests at a considerable advantage over organizations and individuals who are less able to retain expensive lawyers and expert witnesses.

Less Science, More Cost

The Regulatory Accountability Act includes new requirements for the publication of any and all data that an agency requests, receives, or relies on during a rulemaking process. Transparency is important – and it is a foundation of current rulemaking processes. But these requirements have significant similarities with the misguided Secret Science bill that has been considered in past Congressional terms in that it is incompatible both with ethical and legal requirements to keep personal health records confidential and is designed to obstruct consideration of major rigorous peer reviewed studies that properly rely on but do not disclose private individual health data.

Safeguard Guillotine

Under the proposed legislation, if an agency cannot meet newly imposed deadlines for finalizing a rule, it gets one extension. If the agency misses the second deadline, the proposal is null and void, and the agency must start over from scratch. No exceptions — not for veterans, not for airplane safety, not for children’s health, not for common sense, none. The agency must re-propose and start over from square one.

These arbitrary deadlines would be challenging to meet even under current procedures. With all the requirements imposed by this bill, anyone opposed to a new safeguard would have innumerable opportunities to drag out the process and force an agency to miss this arbitrary deadline – derailing vital safeguards and sending expert agencies back to the drawing board.

The Result: More Red Tape, Less Protection for Our Communities and Families

Why are supporters of this legislation arguing for more red tape?

The Regulatory Accountability Act is not designed to streamline and improve the regulatory process. It’s designed to bog down development of any new safeguard — any new protection. This bill offers countless new hurdles that can block new safeguards, or create new grounds for litigation and lawsuits. For big polluters, that would be great news.

For everyone else, this legislation would mean more delay, more burden, and more uncertainty in establishing basic protections. Many of these requirements substantially increase barriers for ordinary citizens and small businesses to participate and inform the decision-making process. The result, in practice, would be that big-money interests would have a big edge in influencing final decisions, at the expense of small businesses and everyday citizens.

 

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

EPA SmartWay and Clean Truck Standards Save U.S. Businesses Millions

(This post originally appeared on EDF+Business)

American businesses benefit tremendously from the robust voluntary and regulatory programs of the U.S. Environmental Protection Agency. These programs are now under threat of massive budget cuts and regulatory rollbacks.  In the coming weeks and months, the experts at EDF+Business will examine what a weakened EPA means for business.

 

It’s safe to say that the EPA isn’t having the best week. Whether it was new administrator Scott Pruitt vowing to slash climate and water protections at CPAC or this week’s reveal that President Trump wants to slash a reported 24 percent of its budget, the EPA has taken a beating recently. However, what may not be as obvious is that slashing EPA’s budget and reducing funding to key programs actually hurts businesses that have greatly benefitted from EPA programs.

A key example of how the EPA bolsters business is freight. In the freight world, the EPA has done a lot for companies’ bottom lines while protecting human health and that of the planet. Companies seeking to reduce freight costs and achieve sustainability goals across supply chains receive immense value from the EPA.  Two key programs that provide this value are the U.S. EPA SmartWay program and the Heavy-Duty Truck Greenhouse Gas Program.

A compelling value proposition for business

SmartWay was created in 2004 as a key part of the Bush Administration’s approach to addressing clean energy and climate change. The program has grown from fifteen companies at its start to nearly 4,000 companies today. The program attracts strong private sector participation because it offers a clear and compelling value proposition: freight shippers gain access to information that enables them to differentiate between freight carriers on emissions performance.

This saves shippers money and cuts carbon emissions. Freight carriers participate in the program to gain access to large shippers, such as Apple, Colgate-Palmolive and Target.

The EPA SmartWay program is not only a popular program that is delivering billions of dollars of annual savings to the U.S. economy, it is also a core strategy for companies to reduce their freight emissions. The agency has calculated that since 2004, SmartWay partners have saved:

  • 8 million metric tons of carbon emissions
  • Over 7 billion gallons of fuel
  • $24.9 billion in fuel costs

To put it in perspective, the reduction of 72.8 million tons of emissions is roughly the equivalent to taking 15 million cars off the road annually. The $25 billion in aggregate savings from this one program is more than three times the annual budget of the entire EPA.

Given the strong value proposition of the program, it is no surprise that many companies with existing science-based targets on climate emission reductions participate in EPA SmartWay, including: Coca-Cola Enterprises, Dell, Diageo, General Mills, Hewlett Packard Enterprise, Ingersoll-Rand, Kellogg Company, Nestlé, PepsiCo, Procter & Gamble Company and Walmart.

Clean fuel driving a healthy U.S. economy

Another key program that is saving companies billions is the Heavy-Duty Truck Greenhouse Gas Program. This program supports long-term cost savings and emission reductions through clear, protective emission standards with significant lead time.

The first generation of this program, running from 2014 to 2017, was finalized in August 2011 and will cut oil consumption by more than 20 billion gallons, save a truck’s owner up to $73,000, deliver more than $50 billion in net benefits for the U.S. economy, and cut carbon dioxide pollution by 270 million metric tons.

The program was created with the broad support of the trucking industry and many other key stakeholders. Among the diverse groups that supported the standards were the American Trucking Association, Engine Manufacturers Association, Truck Manufacturers Association, and the United Auto Workers. The industry has embraced the new and improved trucks too.

The success of the first generation effort spurred the agency to launch a second phase that was finalized in August 2016. This effort stands to be a major success as well. The program is estimated to save:

  • 1.1 billion metric tons of carbon pollution
  • 550,000 tons of nitrous oxides and 32,000 tons of particulate matter (aka: harmful air pollutants)
  • 2 billion barrels of oil
  • $170 billion in fuel costs

This latest phase is also big hit with leading companies. More than 300 companies called for strong final standards during the rulemaking process, including PepsiCo and Walmart (two of the largest trucking fleets in the U.S.), mid-size trucking companies RFX Global and Dillon Transport, and large customers of trucking services General Mills, Campbell’s Soup, and IKEA. Innovative manufacturers, equipment manufacturers, and freight shippers have also called for strong standards.

The corporate support for these standards was so impressive that the New York Times issued an editorial illustrating a rare agreement on climate rules.

Every company that sells goods in the market benefits immensely from these two programs and many others from the U.S. EPA. Programs like EPA SmartWay and the Heavy Truck Greenhouse Gas Standards are saving companies and consumers billions of dollars annually, and are integral to corporate efforts to cut carbon emissions.

Looking ahead

In his remarks to EPA employees on his first day on the job, Pruitt acknowledged that “we as an agency and we as a nation can be both pro-energy and jobs and pro-environment…we don’t have to choose”. My hope is that this is a signal of open mindedness to a path forward would allow further improvements to the environment and the economy rather than roll-backs on vital programs and protections.

Perpetuating the belief that the EPA and business are at odds will not only hurt the environment, but would endanger American prosperity.

Also posted in Cars and Pollution, Greenhouse Gas Emissions, Policy, Setting the Facts Straight| Comments are closed
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