Monthly Archives: February 2014

The Supreme Court and Climate Pollution: What is – and is not — at stake

(This post originally appeared on EDF Voices)

Today, the Supreme Court will hear oral argument in a case challenging EPA’s interpretation that the Clean Air Act permit program requiring new and rebuilt industrial sources to deploy leading pollution control technology for each pollutant subject to regulation under the Act applies to greenhouse gases, just as these requirements have limited other airborne contaminants for over three decades.

The case is Utility Air Regulatory Group v. EPA (No. 12-1146)

What’s at stake: Innovation in Addressing Climate Pollution and Clearing the Air about Climate Obstructionism

This case is remarkable for what is not at stake, as well as for what is.

While the Supreme Court is considering only a single legal question of the numerous issues that were raised, this case has important implications.

Exempting climate pollution from these specific provisions of the Clean Air Act would harm innovation, because they were carefully designed by Congress to spur the development of new pollution prevention and control techniques for industrial sources. Putting a stop to these legislatively-crafted incentives to innovation in precisely the area where we so urgently need innovation – in addressing climate-destabilizing pollution — would be a damaging loss and risks “locking in” new high emitting and long lived industrial infrastructure. Such an exemption for climate pollution is patently contrary to Congress’s specific command, in the statutory provisions at issue here, that these innovation-spurring requirements apply to “each pollutant subject to regulation under the Act”.

Climate obstructionists will undoubtedly twist the meaning of the case to suggest broader implications, despite the court’s decision to review only one narrow question. While the Administration is judiciously carrying out its responsibilities under the Clean Air Act to address climate pollution – in accordance with the authority that was twice affirmed by the United States Supreme Court — climate obstructionists will use this case to sow havoc and attack the U.S. Environmental Protection Agency. Indeed, these forces have already attacked EPA by unsuccessfully litigating virtually every aspect of EPA’s first generation climate protections in court over a span of many years. Unfortunately, they will continue to attack EPA in the public square invoking the polarizing rhetoric that most Americans associate with divisive Beltway politics – not real world solutions.

What is not at stake in this case is the EPA’s determination that six greenhouse gases –carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride –endanger the health and welfare of current and future generations. This is the bedrock for EPA’s manifest authority to adopt climate protections for cleaner cars and cleaner freight trucks, for reducing the potent methane leaked and vented from oil and gas development activities in the same way that Colorado has adopted methane emissions standards, and for cutting the massive carbon pollution from power plants — the nation’s single largest source of carbon pollution and one of the largest in the world.

The history behind the case

For the past four years, big polluters and litigants such as the Attorney General of Texas have been suing the U.S. Environmental Protection Agency over all aspects of EPA’s climate protections for America – including the science-based endangerment finding, and the historic Clean Cars Standards that are saving Americans money at the gas pump while strengthening our nation’s energy security and reducing pollution. By contrast, the U.S. Automakers have consistently supported the clean car standards.

These dozens of lawsuits were considered together by the U.S. Court of Appeals for the D.C. Circuit – which upheld EPA’s climate protections and rejected the legal challenges. In 2012, a three Judge panel of that court held that EPA’s interpretation of the Clean Air Act was “unambiguously correct.” Then-Chief Judge David Sentelle, appointed to the Court by President Ronald Regan, was a member of the three Judge panel that unanimously affirmed EPA’s action.

Opponents filed numerous petitions seeking review by the Supreme Court, which refused to entertain most of their challenges.

Instead, the Court granted review of a single question – whether, under the terms of the Clean Air Act, EPA’s regulation of climate pollution from cars triggered the requirement for pre-construction permits limiting the climate pollution discharged by large, new and rebuilt industrial sources of that pollution in the same way these requirements have applied to other air pollutants from these sources for over 35 years.

Bottom line

We need all available safeguards under the Clean Air Act to address the urgent challenge of climate change – including the advanced pollution control measures required as an essential protection in construction permits for large industrial sources. These measures are vital if we hope to minimize industrial climate pollution.

Further, one of the principal legal theories being advanced by petitioners would have adverse consequences for EPA’s long-standing interpretation of the law – spanning the Presidencies of Ronald Regan, George H.W. Bush and George W. Bush – that has expansively applied the protections of the Clean Air Act’s pre-construction review permit program to all regulated air pollutants. This line of attack, designed to narrow the air pollutants subject to these limits, would call into question the application of the program to pollutants such as hydrogen sulfide, fluorides and sulfuric acid mist.

Finally, we need to tell the truth to the public, to policymakers and to the highest Court in the land that EPA is judiciously carrying out its responsibilities under the nation’s clean air laws to protect human health and the environment from climate pollution. We must take a stand against the sharply polarizing rhetorical excess leveled at EPA. For the real world solutions that have won far reaching support, look no further than the cleaner cars on the road today that are strengthening our energy security, saving families hard earned money at the gas pump, and cutting carbon pollution.

This is why EDF will be at the Supreme Court today.

Editor’s Note: Environmental Defense Fund is a party to the case before the Supreme Court and participated in the presentation of oral arguments when the case was before the U.S. Court of Appeals for the D.C. Circuit.  A coalition of states and NGO allies are also vigorously defending these clean air protections against legal attack — including California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and the city of New York.

Posted in Clean Air Act, EPA litgation, Greenhouse Gas Emissions, News, Policy / Read 1 Response

A momentous week for trucks: Walmart unveils “Jetson” truck and President Obama announces next generation fuel efficiency standards

(This post originally appeared on EDF + Business)

What a great week it’s been for the future of trucks. Walmart unveiled a prototype, concept next generation tractor-trailer truck that they have affectionately dubbed “Jetson.” This morning, President Obama laid out a timeframe for action on developing the next generation truck efficiency standards – standards that will improve the fuel efficiency of American trucks, bolster energy security, cut carbon pollution, save money and support manufacturing innovation.

Innovation is critical to curb the growing climate pollution and fuel consumption from our nation’s freight trucks – which are projected to increase by 40 percent between now and 2040. But innovation is best supported by strong standards.  A well-designed efficiency program can speed the deployment of clean, energy-efficient technologies and the infrastructure to support their widespread use nationwide.

We have seen the success of this combination many times.  The trucking industry has delivered incredible innovation in meeting stringent standards for particulate matter and oxides of nitrogen, and the first phase of greenhouse gas and fuel efficiency standards. And through their own innovation, manufacturers are meeting these standards in advance of compliance deadlines, doing so for lower costs, and delivering substantial, real-world benefits.

The second phase of fuel efficiency and greenhouse gas standards for trucks and trailers will build on this foundation of success. But they will also build on the innovation of companies like Walmart who are pushing the envelope. 

 The unveiling of Jetson, officially called Walmart Advanced Vehicle Experience (“WAVE”) came during a live webcast of Walmart’s annual Global Sustainability Milestone Meeting on Monday.

At first glance the prototype truck is simply cool looking, and explains why it got the nickname Jetson.  But it is also incredibly fuel-efficient. The tractor is super aerodynamic – in order to achieve the dramatic aerodynamics, the driver sits in the middle of the cab and the engine is under the cab instead of in front of it.  The entire cab lifts up to give access to the powertrain.

The trailer also benefits from advanced aerodynamics. And it is built “almost exclusively from carbon fiber.” Because of this, the trailer weighs 4,000 pounds less than a standard trailer, which would enable it to legally carry more product. The front end is also convex – which enhances the aerodynamics and increases storage capacity.

The power system for the truck is a revolutionary combination of a microturbine; battery storage; electric motor.

While some of the technologies in the Jetson truck may not be street ready in the next few years, Walmart sees value in pushing itself and its vendor partners – Peterbuilt Trucks, Great Dane Trailers and Capstone Turbine – just a little bit farther. And their efforts demonstrate the potential to truly revolutionize our heavy trucks and trailers. Doing this well will require a combination of innovative technology and strong, well designed efficiency standards.

The cleaner freight trucks being made in America today show that when our nation works together we can achieve lasting progress for our economy and our environment – through innovation and common sense policies to advance and secure the transformative cleaner freight trucks of tomorrow.

Posted in News / Read 1 Response

We’re on the Road to Cleaner, More Fuel-Efficient Trucks

America started down the road toward cleaner, more fuel-efficient freight trucks today.

President Obama, joined by leading freight truck manufacturers and major fleet owners, announced plans to draft a second generation of fuel efficiency and greenhouse gas standards for America’s heavy-duty trucks.

The new standards will build on the successful first round, which are yielding far-reaching benefits for America’s security, economy and environment.

As the President said in his 2014 State of the Union Address:

We’ve partnered with businesses, builders, and local communities to reduce the energy we consume. When we rescued our automakers, for example, we worked with them to set higher fuel efficiency standards for our cars.  In the coming months, I’ll build on that success by setting new standards for our trucks, so we can keep driving down oil imports and what we pay at the pump.

Opportunity

Climate pollution from our nation’s freight trucks is projected to increase by more than 130 million tons between now and 2040 – the largest increase in emissions from any single end-use, according to the Energy Information Administration.

Recent analyses, however, indicate that rigorous second generation fuel efficiency and greenhouse gas standards for new freight trucks can cost-effectively reduce this climate pollution, improve our nation’s energy security, and save truckers money.

Consider this:

  • By 2025, strong second generation truck standards could reduce fuel consumption by up to 40 percent compared to 2010. That’s more than 800,000 barrels of oil savings per day beyond what’s achieved by current standards.
  • Most technologies needed to achieve this reduction have payback periods of three years or less.

Making our nation’s fleet of trucks more efficient is also good for consumers.

Improving efficiency means cutting the costs associated with transporting goods. That means companies can sell those goods for less, which in turn means that American families will save money.

A recent report by the Consumer Federation of America found:

  • Net savings of $250 to consumers, rising to $400 per household in 2035 as fuel prices and transportation services increase.

Solutions

Cost-effective, made-in-America solutions are available to help achieve these important environmental, economic and energy security benefits.

Rigorous second-generation clean trucks standards can help deploy these made-in-America technologies.

Strong standards are also critical to spur investment and innovation leading to the next generation of clean truck solutions.

For instance:

Just yesterday, Walmart unveiled “Jetson,”a prototype tractor-trailer powered by a revolutionary combination of a microturbine, battery storage, and electric motor, with advanced aerodynamics and a carbon-fiber trailer.

Broad-Based Support

These common sense solutions have resulted in broad support.

Many of the same companies that stood with the President today also collaborated on the first generation clean trucks standards.

Among those supporting the President today included the nation’s major manufacturers and fleets such as Conway, Cummins, Eaton, Wabash National, Waste Management and the American Trucking Association.

Proven Success

These second generation clean truck standards build on a foundation of success — including first and second generation clean cars standards and first generation clean trucks standards.

Manufacturers are meeting these standards in advance of compliance deadlines, doing so for lower costs, and delivering substantial, real-world benefits.

For example, here are some compelling achievements by passenger cars and trucks as a result of efficiency standards:

  • Since October 2007, per driver greenhouse gas emissions in the U.S. have dropped by 20 percent, according to the University of Michigan’s Eco-Driving Index.
  • EPA estimates that between model years 2004 and 2012, average carbon dioxide emissions from cars decreased by 18 percent, and fuel economy increased by 22 percent.
  • 28 percent of projected model year 2013 vehicle production already meets the model year 2016 carbon dioxide emissions targets, and about 5 percent of projected 2013 production could meet the 2025 carbon dioxide emissions targets, according to EPA’s fuel economy trends report.

The cleaner cars and freight trucks being made in America today show that when our nation works together we can achieve lasting progress for our economy and our environment.

Environmental Defense Fund stands ready today to work with President Obama, freight truck and trailer manufacturers, and fleet owners on common sense policies to advance and secure the transformative cleaner freight trucks of tomorrow.

Posted in Cars and Pollution, Greenhouse Gas Emissions, News, Policy / Read 1 Response

Arctic Melting – a Business Opportunity, but Also a Dangerous Climate Risk

The Obama Administration recently released a plan to cope with a warming Arctic.

Climate change has increased warming in that region at a striking rate, and it has extended the ice melting season by about two weeks per decade.

As a result, the Arctic–which was inaccessible to commercial shipping as recently as 2008–saw 71 vessels cross last year.

Speedy Arctic development, however, is an indisputably risky business.

The Threat

Over the past three decades, warmer temperatures have caused Arctic sea ice to lose half of its area and three quarters of its volume.

Even with a slight increase in ice this winter, the Arctic’s sea ice last December was still the fourth lowest on record.

In the summer of 2012 alone, sea ice shrunk by 350,000 square miles compared to the previous summer. That’s an area the size of Venezuela.

Permafrost, defined as frozen soil, sediment, or rock that has remained at or below zero degrees Celsius for at least two years, comprises about 25 percent of the land in the Northern Hemisphere.Along with record ice melt, all of the permafrost-monitoring sites in northern Alaska have experienced record high temperatures in the past few years.

According to estimates, the carbon dioxide and methane stored in the Northern Hemisphere’s permafrost is equivalent to more than double the carbon concentration currently in the atmosphere.

The Northern Hemisphere’s shallow (zero to three meters deep) permafrost is the part most susceptible to melting, and that part alone contains carbon dioxide and methane equivalent to more than 400 ppm of atmospheric carbon dioxide – or, the amount currently in the entire atmosphere. (That’s according to “Report from International Permafrost Association: Carbon Pools in Permafrost Regions” by Kuhry, Peter, Chien-Lu Ping, Edward A. G. Schuur, Charles Tarnocai, and Sergey Zimov.)

Permafrost in the Arctic. Source: Wikimedia Commons

The Intergovernmental Panel on Climate Change (IPCC)–the world’s foremost authority on climate change–expects the Northern Hemisphere’s permafrost to melt 20 to 35 percent by 2050.

Quick math with very conservative assumptions tells us this: if not curtailed, carbon emissions from the Northern Hemisphere’s permafrost melting will bring the atmospheric carbon concentration beyond 450 ppm, the number the IPCC deems the threshold beyond which the world can expect extreme shifts in weather patterns, ecology, and geology.

While the lasting effect of permafrost thaw on atmospheric carbon concentrations is uncertain, it is safe to say that the scale of the risk is potentially enormous and expensive into the trillions of dollars.

According to Maplecroft’s 2013 Climate Change Vulnerability Index, 67 countries with an “estimated combined GDP of $44 trillion will come under increasing threat from the physical impacts of more frequent and extreme climate-related events.”

The World Bank (2010) estimates annual climate change adaptation costs for the years 2010 to 2050 to be $70 to $100 billion for the developing world alone.

Unmitigated permafrost melting promises to hasten temperature increases and greatly exacerbate these costs.

The Business Interest

While methane from permafrost melt rises like a thick, invisible smoke stack, some members of the business world are focused on the economic potential of an increasingly iceless–and thus accessible–Arctic frontier.

The foremost reason for the Arctic’s economic promise is its massive oil and gas deposits.

According to Foreign Affairs:

The Arctic’s oil and gas fields account for 10.5 percent of global oil production and 25.5 percent of global gas production. And those numbers could jump soon. Initial estimates suggest that the Arctic may be home to an estimated 22 percent of the world’s undiscovered conventional oil and gas deposits, according to the U.S. Geological Survey.

Recent investments of many billions of dollars from oil giants–including Shell, ExxonMobil, ConocoPhillips, Statoil, Gazprom, and Rosneft–shows the excitement in the industry regarding the future revenues from these formerly ice-restricted resources.

An ice-free Arctic also creates shorter shipping routes.

For the first time ever, the Northern Sea Route, which passes through the Arctic to connect Europe to Eurasia, is open to commercial shipping, with over 70 vessels sailing through in 2013.

The Arctic also harbors valuable deposits of zinc, nickel, palladium, diamonds, platinum, cobalt, tungsten, uranium, and other minerals. And above ground, forestry, fishing, and many other industries promise to benefit from Arctic development.

 A Dangerous Cycle

As melting ice unlocks the Arctic, it threatens to push temperatures to tipping points. It also unleashes economic activity that may spark positive feedback loops, bringing more and more Arctic melting – and thus more carbon dioxide and methane released from permafrost.

Additionally, as a warming climate allows snow and ice to thaw, tundra species are being replaced with evergreen trees, which absorb more sunlight. (Snow is white, so it absords less of the sun’s heat than the darker evergreens.) That means that more tree cover will, counter-intuitively, further increase warming and thawing trends in the Arctic.

Other factors such as direct carbon loss through combustion and increasing fires could also further increase this cycle.

While the science regarding permafrost melt’s climate implications remains uncertain, the risk is so enormous that turning a blind eye while developing the Arctic frontier is tremendously irresponsible.

The ensuing hastening of permafrost’s melt could lead to global economic costs that drastically exceed the benefits from Arctic development.

Posted in Arctic & Antarctic, News, Science / Read 3 Responses

Powerful Testimonies at EPA Hearing on Carbon Pollution Standards for Power Plants

If you were busy watching the Winter Olympics, you may have missed another important–if slightly smaller–event that happened last Thursday:

The U.S. Environmental Protection Agency (EPA) held a hearing in Washington, D.C. on the proposed carbon pollution standards for new power plants.

U.S. power plants are one of the largest sources of carbon pollution in the world. Carbon pollution is the main reason for climate change.

EPA’s proposed standards will set the first-ever national limits on carbon pollution from new fossil fuel power plants.

I had the privilege of testifying on behalf of EDF and its 750,000 members.

It was uplifting to hear testimony from so many diverse groups in support of these historic proposed standards.

Among those testifying were:

  • U.S. Senator Sheldon Whitehouse of Rhode Island
  • Moms Clean Air Force, on behalf of hundreds of thousands of moms across America
  • Public health groups
  • Environmental justice groups
  • Veterans and national security groups
  • Groups representing clean energy companies
  • Latino groups
  • Faith groups

and many more …

But climate change is an issue that threatens communities and families across America.

That’s why it was especially touching to hear the personal stories of how climate change impacts people, including one woman from Virginia who testified about raising a daughter with asthma, about the financial impacts of the disease–and about how the costs of pollution are not borne by the emitters, but by the public–and by families like hers.

Carbon pollution is a problem that we can fix.

Consider these facts:

  • Clean energy continues to grow, and it is clear that America can generate affordable, clean electricity.
  • Wind generation increased by more than 40 percent in the United States between 2011 and October of 2013.
  • In April of 2013, the United States had a record month for wind power with generation of more than 17,000 gigawatt hours.
  • In 2012, rooftop solar panels cost approximately one percent of what they did 35 years ago.
  • Since 2008, as the cost of a solar module dropped from $3.80 per watt to 80 cents per watt, solar deployment has jumped by about 10 times.
  • U.S. solar jobs grew 20 percent last year. The industry now supports more than 140,000 jobs.
  • Renewable energy is expected to account for 28 percent of the growth in electricity generation from 2012 to 2040.

At the hearing, some opponents of EPA’s common-sense standards testified, representing groups like the American Petroleum Institute and the American Coal Council.

They repeated claims we have heard time and again about clean air standards costing too much or technology not being available.

We have heard similar claims in the past—claims that were subsequently disproved—about scrubbers and mercury controls.

EPA has found that carbon pollution controls, like carbon capture and storage, are adequately demonstrated for new coal-fired power plants—and that finding is based on an extensive body of technical information.

It is clear from the more than four million people who have weighed in with EPA in support of these standards that many Americans are ready for a clean energy future, and believe it is imperative that we address the largest source of carbon pollution in our country.

You can help the fight to limit the carbon pollution from power plants by urging EPA to adopt strong standards. You can submit comments to EPA through our EDF website.

Posted in Clean Air Act, Greenhouse Gas Emissions, News, Policy / Comments are closed

Reality check: Society pays for carbon pollution and that’s no benefit

This open letter, co-authored by Jeremy Proville and first published on EDF Voices, was written in response to a New York Times article citing Dr. Roger Bezdek’s report on “The Social Costs of Carbon? No, The Social Benefits of Carbon.”

Dear Dr. Bezdek,

After seeing so many peer-reviewed studies documenting the costs of carbon pollution, it’s refreshing to encounter some out-of-the-box thinking to the contrary. You had us with your assertion that: “Even the most conservative estimates peg the social benefit of carbon-based fuels as 50 times greater than its supposed social cost.” We almost quit our jobs and joined the coal lobby. Who wouldn’t want to work so selflessly for the greater good?

Then we looked at the rest of your report. Your central argument seems to be: Cheap fuels emit carbon; cheap fuels are good; so, by the transitive property of Huh?!, carbon is good. Pithy arguments are fine, but circular ones aren’t.

First off, cheap fuels are good. Or more precisely, cheap and efficient energy services are good. (Energy efficiency, of course, is good, too. Inefficiency clearly isn’t.) Cheap energy services have done wonders for the United States and the world, and they are still doing so. No one here is anti-energy; we are against ruining our planet while we are at it.

The high cost of cheap energy

Yes, the sadly still dominant fuels—by far not all—emit carbon pollution. Coal emits the most. Which is why the cost to society is so staggering. Forget carbon for a moment. Mercury poisoning from U.S. power plants alone causes everything from heart attacks to asthma to inhibiting cognitive development in children. The latter alone is responsible for estimated costs of $1.3 billion per year by knocking off IQ points in kids. All told, coal costs America $330 to 500 billion per year.

Put differently, every ton of coal—like every barrel of oil—causes more in external damages than it adds value to GDP. The costs faced by those deciding how much fossil fuel to burn are much lower than the costs faced by society.

None of that means we shouldn’t burn any coal or oil. It simply means those who profit from producing these fuels shouldn’t get a free ride on the taxpayer. Conservative estimates indicate that carbon pollution costs society about $40 per ton. And yes, that’s a cost.

Socializing the costs is not an option

As someone with a Ph.D. in economics, Dr. Bezdek, you surely understand the difference between private benefits and social costs. No one would be burning any coal if there weren’t benefits to doing so. However, the “social benefits” you ascribe to coal are anything but; in reality they are private, in the best sense of the word.

If you are the one burning coal, you benefit. If you are the one using electricity produced by burning coal, you benefit, too. To be clear, these are benefits. No one disputes that. It’s how markets work.

But markets also fail in a very important way. The bystanders who are breathing the polluted air are paying dearly. The costs, if you will, are socialized. Society—all of us—pays for them. That includes those who seemingly benefit from burning coal in the first place.

Your claim that what you call “social benefits” of coal dwarf the costs is wrong in theory and practice. In theory, because they are private benefits. As a matter of practice because these (private) benefits are very much included in the calculations that give us the social costs of coal. What you call out as the social benefits of coal use are already captured by these calculations. They are part of economic output.

Our indicators for GDP do a pretty good job capturing all these private benefits of economic activity. Where they fail is with the social costs. Hence the need to calculate the social cost of carbon pollution in the first place.

So far so bad. Then there’s this:

Plants need carbon dioxide to grow, just not too much of it

In your report, you also discuss what you call the benefits of increases in agricultural yields from the well-known carbon dioxide fertilization effect. It may surprise you to hear that the models used to calculate the cost of carbon include that effect. It turns out, they, too, in part base it on outdated science that ought to be updated.

But their science still isn’t as old as yours. For some reason, you only chose to include papers on the fertilization effect published between 1902 and 1997 (save one that is tangentially related).

For an updated perspective, try one of the most comprehensive economic analysis to date, pointing to large aggregate losses. Or try this Science article, casting serious doubt on any claims that carbon dioxide fertilization could offset the impacts on agricultural yields from climate change.

Farmers and ranchers already have a lot to endure from the effects of climate change. There’s no need to make it worse with false, outdated promises.

Coal lobby speaks, industry no longer listens

It’s for all these reasons that, to borrow the apt title to the otherwise excellent New York Times story that ran your quote: “Industry Awakens to Threat of Climate Change”. And it’s precisely why the U.S. government calculates the social cost of carbon pollution. Yes, sadly, it’s a cost, not a benefit.

To our readers: Want to get involved? The White House has issued a formal call for public comments on the way the cost of carbon figure is calculated, open throughFebruary 26. You can help by reminding our leaders in Washington that we need strong, science-based climate policies.

Posted in Economics, Greenhouse Gas Emissions, Science, Setting the Facts Straight / Read 1 Response