Climate 411

The case against the Trump administration’s rollback of the Clean Power Plan

The Environmental Protection Agency will file a legal brief today defending its decision to dismantle the Clean Power Plan and replace it with the harmful and cynically misnamed Affordable Clean Energy (ACE) rule.

But nothing EPA says can alter the fact that ACE is destructive, costly, and unlawful. EPA projects that ACE will reduce power sector emissions by a mere 0.7 percent by 2030, and will increase pollution at nearly one in five of the nation’s coal plants, two-thirds of which are located in minority and low-income communities.

In the face of a growing and ever-perilous climate crisis calling for meaningful action, we expect EPA will claim the Clean Air Act does not permit the agency to do more to reduce emissions from the nation’s largest industrial source of carbon pollution. This claim severely distorts the statutory requirements.

EDF filed suit last summer as part of a broad coalition of states, cities, other health and environmental advocates, power companies, and clean energy trade associations. In April, the coalition filed legal briefs showing that EPA has ample authority — and a clear obligation — under the Clean Air Act to require meaningful reduction of carbon pollution from power plants. These briefs collectively demonstrate that EPA’s repeal of the Clean Power Plan is based on a gross misreading of the Clean Air Act, and the agency’s replacement rule, premised on the same misreading, fails to live up to the statutory command that power plants use the “best system of emission reduction” to limit their carbon pollution.

Here are the key arguments we’ve made against the Clean Power Plan rollback and ACE.

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Also posted in Clean Power Plan, EPA litgation, Greenhouse Gas Emissions, News, Partners for Change, Policy / Comments are closed

The Trump administration’s air toxics loophole would intensify environmental injustice

One of the most disturbing aspects of the new coronavirus crisis is that people already struggling with underlying respiratory conditions seem to be at greater risk. This means that vulnerable communities already bearing the brunt of the health harms from dangerous pollution may suffer even more.

Yet the Trump administration has spent the last few weeks racing to roll back policies that safeguard the air we breathe. These rollbacks often impact vulnerable communities the most as well.

One such roll back is the proposed air toxics loophole, which would allow thousands of large industrial facilities nationwide to evade pollution controls and emit more toxic air pollution. In a previous post, we presented analysis of EPA’s own data indicating that the loophole could lead to an increase in emissions of hazardous air pollutants like benzene and mercury by over 49 million pounds across 48 states. We’ve now done further analysis and found that the facilities likely to increase toxic air pollution under this loophole are disproportionately located in vulnerable communities – leading to increased exposure to these dangerous pollutants for primarily minority and low-income neighborhoods.

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Also posted in Cities and states, Health, Policy / Comments are closed

The pollution-enabling impacts of the Clean Power Plan “replacement”

EPA Administrator Andrew Wheeler has suggested that ACE – the Trump administration’s harmful and deeply flawed replacement for the Clean Power Plan – is just as effective in protecting climate and public health as its predecessor.

Wheeler is wrong.

ACE will achieve virtually no reductions in carbon pollution from power plants and will increase health-harming pollution in many communities across the country. This harmful rule represents a huge step backwards at a time when communities across the nation are increasingly suffering devastating impacts from climate change – such as wildfires, extreme weather, coastal flooding, and intense heat waves – that underscore the need for rapid reductions in carbon pollution.

Following the finalization of the ACE rule in June, Wheeler said that when the rule is fully implemented, “we expect to see U.S. power sector CO2 emissions fall by as much as 35 percent below 2005 levels.”

What that claim fails to acknowledge is – that based on EPA’s own analysis – these reductions are projected to occur whether or not there is a federal policy in place. In other words, the ACE rule will accomplish no significant carbon pollution reductions beyond business-as-usual. By claiming credit for reductions that would happen anyway, Wheeler is simply masking the inefficacy of the rule.

The Clean Power Plan was the first-ever policy to set national limits on harmful carbon pollution from existing power plants. The ACE rule, in contrast, contains no binding limits on carbon pollution. Instead, the rule merely provides a list of “heat rate improvement measures” that would incrementally improve the operating efficiency of coal plants, leaving it up to the states to decide which – if any – of those measures to apply.

When the Clean Power Plan was finalized in 2015, EPA projected that power sector carbon pollution would be 17 percent below 2005 levels in 2030 under business-as-usual with no federal policy. Due to the plummeting costs of clean energy technologies and the ongoing market shift towards cleaner electricity sources, EPA now projects that power sector carbon pollution under business-as-usual with no federal policy will be much lower, at 35 percent below 2005 levels in 2030. According to EPA, the ACE rule is projected to achieve a trivial 0.7 percent reduction in carbon pollution compared to business-as-usual in 2030.

Worse still, EPA’s own numbers show that the rule would have the perverse impact of incentivizing some coal-fired power plants to operate and pollute more – leading to more carbon pollution in many states compared to no policy at all.

Experts have warned that under the ACE rule, many parts of the country would also see increases in the health-harming pollution that leads to soot and smog. While the Trump administration has tried to downplay the public health consequences of the rule, EPA’s projections show that vulnerable communities around the nation will likely suffer the most from these dangerous pollution increases.

In addition to disregarding the health and well-being of Americans, the years-long effort by the Trump administration to dismantle the Clean Power Plan represents a squandered opportunity to cost-effectively achieve urgently needed reductions in pollution. EDF filed comments on the proposed rule that demonstrate that fact. Our updated analysis using the same power sector model that EPA relies upon shows that carbon pollution reductions of more than 50 percent below 2005 levels in 2030 are possible at similar costs to what the original Clean Power Plan envisioned. The U.S. Energy Information Administration has also found that even greater reductions of 68 percent below 2005 levels can be achieved by 2030 – along with steep reductions in dangerous soot and smog-forming pollution – at modest cost.

Not only are significant reductions in carbon pollution from the power sector possible, they are also long overdue. We are already facing serious consequences from carbon pollution. The latest reports from the Intergovernmental Panel on Climate Change make it frighteningly clear that the country and the world are facing unprecedented threats from climate change – and that rapid reductions in climate-destabilizing pollution are needed by 2030 in order to avoid the worst impacts. The devastation from climate change-fueled disasters across the U.S. and the millions of Americans suffering from the health impacts of air pollution underscore the pressing need for reductions in pollution from the power sector, one of the nation’s leading contributors to carbon pollution.

We need real protections against the dangerous carbon pollution that threatens both our environment and our health – not spin from Administrator Wheeler that hides the real impacts of his pollution-enabling rule behind misleading statistics.

Also posted in Clean Power Plan, EPA litgation, Greenhouse Gas Emissions, Policy / Comments are closed

Trump’s ACE Rule May Especially Harm Vulnerable Communities

(This post was co-authored by EDF intern Laura Supple)

The Trump administration’s latest attack on clean air protections may cause the greatest harm to the most vulnerable communities – according to EPA’s own projections.

In June, the Trump administration repealed the Clean Power Plan – America’s first and only nationwide limit on carbon pollution from existing power plants – and replaced it with a pollution-enabling rule that, by EPA’s own numbers, would increase climate pollution in many states compared to no policy at all.

Experts have warned that under the Trump replacement, called the ACE rule, many parts of the country would also see increases in health-harming sulfur dioxide and nitrogen oxides pollution that lead to soot and smog. While the Administration has tried to downplay the public health consequences of the new rule, EPA’s projections show that vulnerable communities around the nation will likely suffer the most from these dangerous pollution increases.

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Also posted in Cities and states, Clean Power Plan, EPA litgation, Greenhouse Gas Emissions, Health, News, Policy / Comments are closed

Summer smog review: new analysis shows continued challenges to air quality

(This post was co-authored by EDF intern Jayne Stevenson)

Summer brings sunshine, fun, and outdoor adventures – but unfortunately, it also brings smog that causes serious health problems for many American families.

We have made significant progress delivering healthier summer air, but many families still find themselves sidelined by ground-level ozone pollution – commonly called smog. That pollution will be made even worse by climate change.

New EDF analysis shows that so far in 2019 we’ve seen more than 2,500 smog exceedances – meaning ground-level ozone pollution monitoring stations recorded levels higher than allowed under the 2015 National Ambient Air Quality Standards for Ozone. (That limit is a maximum eight-hour concentration greater than 70 parts per billion).

Approximately 185 million people across America were exposed to at least one of those exceedances, which spanned 248 counties in 40 states and the District of Columbia.

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Also posted in Cities and states, Health, Policy, Smog / Comments are closed

A Chorus of Opposition to the Final ACE Rule

(This post was co-written by EDF intern Laura Supple)

The Trump administration has finalized a rule that throws out the Clean Power Plan – America’s first and only nationwide limit on carbon pollution from existing power plants – and replaces it with a “do nothing” rule that, by EPA’s own numbers, would actually increase dangerous climate and smog-forming pollution in many states compared to no policy.

A broad and diverse group including political leaders, business representatives, and public health advocates have come out in strong opposition to the rollback. You can find all their responses here.

Here are some of the most notable comments. Read More »

Also posted in Cities and states, Clean Power Plan, Greenhouse Gas Emissions, Health, News, Partners for Change, Policy / Comments are closed