Category Archives: Policy

History 101: Pollution rules good for economy and pocketbooks

Source: Flickr/Ervins Strauhmanis

This blog originally appeared on EDF Voices

So our political landscape is morphing yet again, and the future looks uncertain. But there are some things we know will happen over and over, like rituals.

We know that next time it snows, someone will make a tired joke about how global warming must be over. And next time the U.S. Environmental Protection Agency unveils another plan to reduce air pollution and protect public health, opponents will claim it’ll cost a fortune and ruin our economy.

I'm sure they're now trying to sell a recent study claiming that EPA’s plan to cut carbon dioxide emissions from power plants will hit consumers, when the best available data points to the complete opposite.

History shows that opponents of environmental regulations consistently miss the mark on costs.

Economic benefits of clean air offsets costs, by far

The benefits of the Clean Air Act and its amendments, which have been around since 1970 and 1990, have outweighed costs 30 to 1.

In fact, EPA estimates that in 2020, the Clean Air Act amendments will prevent 230,000 early deaths. The monetized benefits are expected to approach $2 trillion by 2020.

And still, when the amendments were first enacted, opponents claimed they would be financially ruinous. They said the same thing about efforts to limit acid rain pollution.

When in reality, we achieved the Acid Rain Program reductions in less time, and for less money, than anyone expected.

As states implement the Clean Power Plan, look for environmental regulations to prove themselves cost-effective once again. Early benefit-cost analyses of the plan show net benefits (benefits minus costs) of almost $70 billion annually by 2030.

Smart energy choices pay off

There’s also plenty of evidence that EPA is not the reason for the coal industry’s decline, or for the economic struggle in coal-producing states. The real story is that coal is losing to cheaper natural gas in the marketplace.

Clean energy sources and energy conservation are also emerging forces in what used to be coal’s monopoly market – and they’re providing benefits for both our wallets and our lungs. Between 2008 and 2013, savings from utilities' energy efficiency programs rose 116 percent, and power from renewables more than doubled.

But the best argument against the “sky-is-falling” frenzy is to look at the alternative.

Right now, the United States has no national limits on carbon pollution from power plants.

Climate change is expensive

Carbon pollution is the main underlying cause of climate change, and power plants are America’s single biggest source of carbon pollution. Climate change is already costing us, and will cost a lot more in the future.

The latest IPCC report lists some of the many ways that climate change puts humanity at risk – through heat stress, storms and extreme precipitation, inland and coastal flooding, landslides, air pollution, drought, water scarcity, sea-level rise, storm surges and threatened food supplies.

The National Climate Assessment says “climate change threatens human health and well-being.” The Pentagon, meanwhile, calls climate change a “threat multiplier” that will affect national security.

Continuing to allow unlimited carbon pollution is the expensive and irresponsible option.

Time to act

The Clean Power Plan will set the first-ever national limits on carbon pollution from power plants. It will protect public health and the environment, and help us avoid the worst damage from climate change – and it will do so without costing anywhere near what opponents are claiming it will.

In fact, EPA estimates that by 2030, when the Clean Power Plan is fully implemented, electricity bills will be about 8 percent lower than they would have been otherwise. That would save Americans about $8 on an average monthly residential electricity bill.

So we can afford the Clean Power Plan. In fact, we can’t afford a future without it.

Also posted in Clean Air Act, Clean Power Plan, Economics, Greenhouse Gas Emissions| Comments closed

An Urgent Call to Climate Action in the IPCC Synthesis Report

Photo: IPCC

It was released two days late for Halloween, but an international report on the dangers of climate change still has plenty of information about our warming planet that will chill you to the core.

The report is the latest from the Intergovernmental Panel on Climate Change (IPCC).

The IPCC releases a series of reports every six or seven years that assess the latest data and research on climate change. This latest is the Fifth Assessment Synthesis Report—a culmination of three earlier reports in this series.

The Synthesis Report summarizes the physical science of climate change; current and future impacts, vulnerabilities, and adaptation of the human and natural worlds; and mitigation opportunities and necessities.

More than anything else, the report underscores the urgent need for action.

Here are 13 details from the report that illustrate why:

1.  “Warming of the climate is unequivocal… The atmosphere and ocean have warmed, the amounts of snow and ice have diminished, and sea level has risen.”

2.  Changes in climate have impacted all continents and the oceans.

3. The period from 1983 to 2012 was likely the warmest 30-year period of the last 1400 years in the Northern Hemisphere.
Glaciers have continued to shrink almost worldwide. Northern Hemisphere spring snow cover has continued to decrease.

4. Permafrost temperatures have increased in most regions since the early 1980s. Arctic sea-ice has decreased in every season and in every successive decade since 1979.

5. From 1901 to 2010, global mean sea level rose by more than half a foot. The rate of sea-level rise since the mid-19th century has been larger than the mean rate during the previous two millennia.

6. In the future, it is virtually certain that there will be more frequent hot and fewer cold temperature extremes in most areas, on both daily and seasonal timescales. It is very likely that heat waves will occur more often and last longer. The oceans will continue to warm and acidify, and global mean sea level to rise.

7. A large fraction of species face increased extinction risk due to climate change during and beyond the 21st century. Most plant species cannot naturally shift their geographical ranges sufficiently fast to keep up with climate change.

8. Climate change puts humanity at risk from heat stress, storms and extreme precipitation, inland and coastal flooding, landslides, air pollution, drought, water scarcity, sea-level rise, and storm surges. Climate change is projected to undermine food security.

9. “Human influence on the climate system is clear.” Atmospheric concentrations of carbon dioxide, methane and nitrous oxide are unprecedented in at least the last 800,000 years.

10. Continued emission of greenhouse gases will cause further warming and long-lasting changes in all components of the climate system, increasing the likelihood of severe, pervasive and irreversible impacts for people and ecosystems.

11. It is virtually certain that global mean sea-level rise will continue for many centuries beyond 2100, with the amount of rise dependent on future emissions.

12. Many adaptation and mitigation options can help address climate change, but no single option is sufficient by itself. Adaptation can reduce the risks of climate change impacts, but there are limits to its effectiveness.

13. Substantial emissions reductions of greenhouse gases – including carbon dioxide and methane — over the next few decades can reduce climate risks in the 21st century and beyond, increase prospects for effective adaptation, reduce the costs and challenges of mitigation in the longer term, and contribute to climate-resilient pathways for sustainable development.

According to the IPCC Synthesis Report, planet Earth is in pretty dire shape – but the report isn’t hopeless.

Imagine our planet as a patient at a doctor’s office. It’s too late to just stay healthy – we’ve already caught a cold. But we can prevent the cold from deteriorating into pneumonia.

In order to do that, though, we need to act now. We need people, and governments, across the world to join together to reduce greenhouse gas emissions, support adaptation efforts, and help reduce the damages from climate change.

Also posted in Basic Science of Global Warming, Extreme Weather, Greenhouse Gas Emissions, International, News, Science| Comments closed

Flexible Pollution Rules can Boost the Economy: 5 Reasons Why

By Diane Munns, Senior Director, Clean Energy Collaboration

economy_378x235

Source: Flickr/Brookhaven National Lab

Nobody likes being told what to do.

Gina McCarthy, head of Environmental Protection Agency, knows that. So she asked her agency to craft a plan that leaves it up to states to shape their energy future – as long as they cut carbon emissions from power plants.

Often lost in the heated debate over EPA’s Clean Power Plan, however, is the fact this built-in flexibility will also give a boost to clean technology ventures, and speed up energy innovations already under way in many states. It could bring down costs for consumers, and maybe even give a much-needed boost to our economy.

Here’s how.

1. Flexibility will foster creativity.

All states have different strengths and weaknesses, and their infrastructure varies. Under EPA’s plan, a state can choose to close or upgrade coal plants, join a carbon market such as the Regional Greenhouse Gas Initiative, invest in zero-carbon renewable energy sources, boost energy efficiency programs, or take any other step to meet the individual goal EPA set for the state.

Chances are, many state strategies will be multi-pronged and collaborative. The best and most viable solutions will surface to the top and be exported as best practices to other states. In fact, states and utilities looking to get ahead of the game are already beginning the discussions needed to one day craft plans.

2. State plans can be tweaked and improved over time.

States have 15 years to meet their individual carbon reduction goals. This is not supposed to be a rush job, no matter how urgent the climate challenge.

So a state that needs to abandon plans for a certain new technology, or that wants to switch to a more affordable solution, will likely have time to do so. The long-term planning horizon will allow new technologies and business models to be tested and take hold.

3. As old plants close, new and cost-effective technologies move in.

The EPA rules are being proposed at a time when utilities nationwide are pondering how to best replace aging infrastructure. Three-quarters of all coal-fired power plants are at least 30 years old, which means they only have about a decade left to operate.

This transition is expected to speed up over the next few years as a 2015 deadline for reducing mercury emissions and other harmful pollutants from power plants draws near.

With carbon storage still out of reach, no off-the-shelf technology available to affordably cut pollution from coal plants – and with natural gas, a fossil fuel, not a long-term viable alternative – we expect utilities to increasingly turn to renewable generation and energy efficiency solutions to meet EPA’s goals.

Energy efficiency remains the single best value for the dollar and it can easily be deployed within the 15-year timeframe.

4. A changing energy landscape will bring new business.

As zero and low-carbon technologies become more valuable and competitive over time, there will be more opportunities for companies to move into this space – and to flourish.

For years already, utilities have been switching from coal to natural gas, a cleaner and cheaper fuel that emits about half the carbon coal does. Industry analysts expect this transition to speed up in anticipation of the new power plant rules.

As state regulators push utilities to comply with the EPA emissions targets, look for new opportunities for industry and entrepreneurs to reduce emissions and improve efficiencies at natural gas plants.

Other businesses will scale up investment in alternative energy sources as the market for such technology gains value and broadens. There are already many active players in this emerging industry, and they want to grow in the United States and beyond.

5. Coming: A new way to produce and consume energy.

States working to cut emissions from fossil plants will be exploring new approaches – not just for energy production, but also for how we consume energy. There is “low-hanging fruit,” untapped opportunities for carbon reduction and customer savings, that won’t require additional power plant investments.

Expect EPA’s plan to fuel smarter utility business models where power companies are rewarded for helping consumers save energy rather than wasting it. The environment will benefit, as will American households and businesses.

This post originally appeared on our EDF Voices blog.

Also posted in Clean Air Act, Clean Power Plan, Energy, Green Jobs, Greenhouse Gas Emissions| Comments closed

A New Step in the Fight to Reduce Toxic Mercury Pollution from Power Plants

(This post was written by EDF Senior Attorneys Graham McCahan and Tomas Carbonell)

Today, EDF and its allies joined the latest fight to protect the Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standards.

We filed a brief asking the Supreme Court to deny the petitions that are seeking review of a lower court decision upholding the standards.

The Mercury and Air Toxics Standards (MATS) will require crucial and long-overdue emission reductions of toxic pollutants including mercury, arsenic, and acid gases from the single largest source of toxic air pollution in the U.S.— coal-fired power plants.

Starting in April 2015, when they go into effect, these standards will prevent thousands of premature deaths, heart attacks, and asthma attacks every year.

The Mercury and Air Toxics Standards were upheld by a panel of judges on the D.C. Circuit Court of Appeals in April 2014 against a variety of legal challenges.

Fortunately, most power plants in the U.S. are already on track to comply with these life-saving standards.

The U.S. Energy Information Administration reported that by the end of 2012 — or more than two years ahead of the April 2015 compliance deadline:

64.3% of the U.S. coal generating capacity in the electric power sector already had the appropriate environmental control equipment to comply with the MATS.

Unfortunately, some power companies and their industry partners continue to file legal attacks against the Mercury and Air Toxics Standards.

Our opponents are continuing their legal attacks in spite of the D.C. Circuit’s detailed opinion strongly upholding EPA’s authority to issue the Mercury and Air Toxics Standards and affirming the EPA’s well-reasoned determinations on key technical issues.

Industry interests and states have filed petitions asking the U.S. Supreme Court to review the D.C. Circuit’s decision.  Their petitions primarily emphasize the alleged costs of the Mercury and Air Toxics Standards — even though some of the same power companies have recognized that the standards include flexibilities that have helped them slash their compliance costs.

For instance, Southern Company CFO and Executive Vice President Arthur P. Beattie stated in 2012 that the amount the company projects for MATS compliance costs would be far lower than previously predicted:

[B]ecause of the new flexibility that [the company has] found in the final rules of the MATS regulation." (Arthur P. Beatty, CFO and Executive Vice President of Southern Company,  Deutsche Bank Clean Tech, Utilities and Power Conference, May 15, 2012)

In fact, as the D.C. Circuit recognized in its decision, EPA’s cost-benefit analysis found that the Mercury and Air Toxics Standards would yield as much as $90 billion in annual health benefits once implemented — approximately nine times the anticipated cost of the rule.

The good news is that many people and organizations— including public health, equal justice, and environmental groups, plus a number of states and cities — are standing together to safeguard these protections for our communities and families.

Those groups include the American Academy of Pediatrics, American Lung Association, American Nurses Association, American Public Health Association, Chesapeake Bay Foundation, Citizens for Pennsylvania’s Future, Clean Air Council, Conservation Law Foundation, Environment America, Izaak Walton League of America, National Association for the Advancement of Colored People (NAACP), Natural Resources Council of Maine, Natural Resources Defense Council, Ohio Environmental Council, Physicians for Social Responsibility, Sierra Club, and Waterkeeper Alliance – along with EDF, of course.

That’s why today we joined together to file a brief with the Supreme Court asking the Justices not to reconsider the D.C. Circuit Court’s decision upholding these life-saving clean air protections.

Also posted in Clean Air Act, EPA litgation, Health| Comments closed

Victory for Healthy Air: Court Rejects Nebraska Attorney General's Attempt to “Short-Circuit” the Law in Challenge to Carbon Pollution Standards

Nebraska Attorney General Jon Bruning’s attempt to block the U.S. Environmental Protection Agency’s (EPA) efforts to limit carbon pollution from power plants failed yesterday.

The federal district court in Nebraska dismissed the Attorney General’s lawsuit challenging EPA’s proposed Carbon Pollution Standards for new fossil fuel power plants.

The court held that:

[the Attorney General’s] attempt to short-circuit the administrative rulemaking process runs contrary to basic, well-understood administrative law. (Decision, Page 1)

The Attorney General’s challenge was flawed because it was filed only one week after EPA published proposed carbon emission standards for new power plants, in January 2014.

But the law is this case is clear and anchored in common sense.

As the court explained, legal challenges may only be brought against final standards:

Simply stated, the State cannot sue in federal court to challenge a rule that EPA has not yet actually made. (Decision, Page 1)

EPA’s proposed action is still in draft form and has been the subject of extensive public comment.

In December 2012, the D.C. Circuit rejected a similar challenge to EPA’s original proposal for the very same reason — that the standards had yet to be finalized.

This latest attempt at an end run around the Clean Air Act would have deprived the public of a chance to comment on a proposed rule and present its diverse viewpoints to the agency.  Moreover, for a court to review standards that are still being developed would be a waste of judicial resources and Americans’ tax dollars.

The court also noted a defect in the Nebraska Attorney General’s central legal claim.

The Attorney General argued that EPA’s reliance, in part, on data from facilities receiving federal assistance was unlawful.

The court explained:

The merits of this claim are not before the Court. But the Court notes that [Energy Policy Act section] 402(i) only forbids the EPA from considering a given technology or level of emission reduction to be adequately demonstrated solely on the basis of federally-funded facilities. 42 U.S.C. [section] 15962(i). In other words, such technology might be adequately demonstrated if that determination is based at least in part on non-federally-funded facilities. (Decision, Footnote 1, Page 5)

EDF previously examined the flaws with the Nebraska Attorney General’s legal claim in a detailed white paper. (You can read my blog about the white paper here)

Unfortunately for the citizens of Nebraska, Attorney General Bruning is devoting precious taxpayer resources to misguided legal attacks.

It’s not the only way in which Nebraska’s taxpayer dollars are being deployed to block vital clean air progress for our nation.

The Guardian reported that Bruning, on a conference call organized by the American Legislative Exchange Council (ALEC), told other state attorneys general that Nebraska has challenged EPA authority more than 30 times and will keep on doing so.

Yet the Carbon Pollution Standards for new power plants have won broad public support from millions of Americans — including public health associations, Moms Clean Air Force, faith-based organizations, the League of United Latin American Citizens, and leading power companies.

Nebraska’s failed lawsuit is just one more misguided attempt to prevent vital limitations on the carbon pollution emitted by power plants from moving forward.

According to the Guardian, Bruning claims that:

EPA continues to try and ‘fix things’ that are not broken.

Tell that to the millions of Americans who are experiencing the harmful impacts of climate change.

While EPA takes steps to address carbon pollution from the single largest source in the country, Attorney General Bruning is devoting Nebraska’s tax dollars to flawed lawsuits.

Fortunately, millions of Americans in red and blue states alike are working together to forge solutions for our families, our communities and our nation.

Also posted in Clean Power Plan, EPA litgation, Greenhouse Gas Emissions, News| Comments closed

Traveling to the climate march: Worth the carbon footprint?

(This blog originally appeared on EDF Voices)

Lauren Frohne/Flickr

Looks like the simmering “climate swerve” may come to a boil on September 21 in New York City for what’s billed as the People's Climate March.

Bill McKibben called for it in the Rolling Stone magazine. Tens of thousands are slated to respond to his call, ostensibly to channel Franklin D. Roosevelt’s ghost and make world leaders "do it" – push for strong climate policies, now.

Except that it wouldn’t be the climate movement if it weren’t beset with self-doubt and second-guessing. Going to New York, you see, produces carbon dioxide emissions, the very cause of the problem. So how then can climate activists justify riding, driving or – heaven forbid – flying in the name of climate action?

We do because traveling to Manhattan, and expanding our carbon footprint in the process, may be better for the planet in the long-run than if we stayed home.

Real climate policy is what we need

Every cross-country roundtrip flight causes about a ton of carbon dioxide, per passenger. Driving emits carbon, if not quite as much. Trains do, too. Even if you bike or walk, you will need extra calories, which also come with additional carbon emissions.

A plethora of online calculators can help you decide how to minimize your own footprint. You could get positively crazy making these calculations, and some possibly have.

If you spend so much time online researching your carbon footprint that your power consumption shoots up, you may be on the wrong track.

We should all be decreasing our carbon footprint. The emphasis is on “all.” Real climate action, then, must go far beyond individual action by the committed core.

The People’s Climate March will take place on the eve of the United Nations’ Climate Summit, convened by Secretary General Ban Ki-moon on September 23, and for good reason. It’s policy that needs to change.

Coal cannot be banned, but it can be priced

The headwinds are strong, to say the least.

King Edward I banned the burning of coal in 1306, replete with the death penalty for repeat offenders. It didn’t take long for the ban to be lifted, and the coal-fueled industrial revolution has brought untold riches to many.

The coal question, in many ways, goes to the heart of the matter. Banning coal is out. It is neither possible nor necessarily desirable.

What we need is to incorporate the full societal cost of burning that coal into everyone’s private decisions.

At the moment, each ton of coal and each barrel of oil used causes more in external damage to human health and the environment than it adds in value to the economy. That doesn’t mean we should not burn any coal or any oil, but it does mean putting a price on carbon, ideally directly via carbon markets or taxes.

It means regulation. It means standards. It means tax reform. It means taking significant policy steps to restructure misguided market forces so they lead us off of the current high-carbon, low-efficiency path.

Composting counts, but it’s not enough

Going green is fine. I don’t drive, don’t eat meat, and do all sorts of other things that minimize my own carbon footprint. The climate movement is home to quite a few who go the full-on vegan, composting, skip-coffee-because-it’s-bad-for-the-climate route.

But going green is only good if it actually gets somewhere.

If you compel your in-laws to compost more and drive less – go forth and proselytize. But if this makes them ignore efforts to achieve critical policy changes, your campaign for a voluntary green lifestyle should probably stop.

Many actions needed for a climate revolution are akin to a bootstrapping problem. Building a wind turbine takes steel, which in turn takes energy. The green energy revolution then may well mean an increase in current, largely fossil-fueled energy use for the sake of decreased carbon emissions later.

The Climate March falls into the same category. Going to New York implies emissions, as do most other things we hold near and dear in our daily lives.

Participating in the march won’t change that fact overnight. But calling for real, measured climate action just might. Helping to build the momentum toward policy change is precisely what’s needed.

If you can do it while also decreasing your own footprint, so much the better. If not, choose policy change.

Bike if you can, fly if you must. By all means, go to New York on September 21.

Also posted in Greenhouse Gas Emissions, News| Comments closed
  • About this blog

    Expert to expert commentary on the science, law and economics of climate change.

  • Categories

  • Get blog posts by email

    Subscribe via RSS

  • Meet The Bloggers

    Megan CeronskyMegan Ceronsky
    Attorney

    Nat KeohaneNat Keohane
    Vice President for International Climate

    Ilissa Ocko
    High Meadows Fellow, Office of Chief Scientist

    Peter Zalzal
    Staff Attorney

    Gernot Wagner
    Senior Economist

    Graham McCahan
    Attorney

    Mandy Warner
    Climate & Air Policy Specialist

    Pamela Campos
    Attorney

    Kritee
    High Meadows Scientist