Climate 411

Mercury pollution from coal plants is still a danger to Americans. We need stronger standards to protect us.

By Ashley Maiolatesi / Published: February 22, 2022

Mercury pollution from coal-fired power plants is extremely dangerous — it causes brain damage in babies and is associated with heart disease and many other serious health issues.

Fortunately, mercury pollution has fallen significantly since EPA finalized the Mercury and Air Toxics Standards in 2012. However, despite the success of the standards in reducing pollution as a significantly lower than projected cost, many power plants continue to emit mercury and other dangerous air pollutants in large quantities. That means stronger safeguards are needed to protect the health of Americans across the country.

The top 30 power plants for mercury pollution

Coal-fired power plants continue to be the largest source of mercury pollution in the United States, accounting for approximately 8,800 pounds of mercury emissions in 2017 alone. Mercury is emitted in the combustion process of coal and other fossil fuels. Coal has much higher mercury concentrations than other fossil fuels, which explains why coal-fired power plants often emit larger quantities of mercury pollution than do power plants that burn other fossil fuels.

Mercury pollution from coal plants is particularly severe in certain parts of the country. EDF just published the above map, based on estimates calculated using publicly available data from 2020. It shows the top 30 power plants emitting the highest amount of mercury pollution in the country.

Posted in Cities and states, Clean Air Act, Health, News, Policy / Comments are closed

An attack on hypothetical climate pollution safeguards lands at the Supreme Court. EDF will fight to protect climate action.

By Ashley Maiolatesi / Published: January 24, 2022

EPA’s authority to safeguard human health and the environment is longstanding and well-established. But now there’s a new case before the Supreme Court that threatens it.

The case was brought by coal companies and their allies, whose efforts to tightly constrict EPA’s ability are not only alarming but also should not even be before the Supreme Court. That’s why EDF is participating in the case (West Virginia et al. v. EPA) in support of the agency’s clear authority and obligation to reduce climate pollution under the Clean Air Act. We joined other leading environmental groups and trade associations to file our merits brief in the case. Almost two dozen states and several cities, the federal government, and power companies that provide power to 40 million people in 49 states also filed in support of EPA.

The arguments made by the petitioners in this case do not articulate an actual, redressable injury. The case before the Supreme Court necessarily lacks this essential ingredient necessary for court review because the rule petitioners take issue with is not currently in effect. In fact, the rule has never been in effect.

Put simply, no actual dispute exists.

Posted in Clean Air Act, Clean Power Plan, EPA litgation, Greenhouse Gas Emissions, News, Policy / Comments are closed

The Supreme Court will review a crucial case about climate pollution from power plants. Now what?

By Ashley Maiolatesi / Published: November 3, 2021

(This post was co-authored by EDF legal fellow Jesse Hevia)

The Supreme Court has agreed to review a D.C. Circuit decision that struck down the Trump administration’s rule weakening regulations of carbon pollution from power plants.

Here’s a look at what happened – and what might happen next.

Posted in Clean Air Act, Clean Power Plan, EPA litgation, News, Policy / Comments are closed

Four Reasons Petitions for Supreme Court Review of Climate Pollution Standards for Power Plants Should Fail

By Ashley Maiolatesi / Published: September 24, 2021

This coming Monday, the Supreme Court will consider hundreds of petitions for review, which ask the Court to take up cases for full consideration during its new term. Among the petitions for review are four from coal companies and states asking the Court to review the D.C. Circuit decision overturning the Trump administration’s rule weakening regulations of carbon pollution from power plants. For multiple reasons the four petitions lack merit.

The Clean Power Plan, adopted in 2015, established the first-ever national limits on climate pollution from existing power plants. In 2019, the Trump administration adopted regulations to repeal the Clean Power Plan and replace it with the “ACE” rule – which did virtually nothing to limit pollution.

This January the D.C. Circuit struck down this attempt, issuing a narrow opinion that explained how ACE misinterpreted specific language in section 111 of the Clean Air Act.

In the months since the D.C. Circuit’s decision, neither the Clean Power Plan nor the Trump administration’s weak replacement rule has been in effect, meaning that no power plants or operators have experienced harm under either rule. Additionally, EPA has been working from a clean slate on new safeguards that will reflect current information about our rapidly changing power sector. Despite this, and the fact that no one is subject to any compliance obligations under the Clean Power Plan or ACE, coal companies and 21 states are asking the Supreme Court to reverse the D.C. Circuit opinion and issue a statutory interpretation that limits EPA’s ability under the Clean Air Act to protect the public from climate pollution.

Effectively, they are asking the Court for an “advisory” opinion — a free-floating legal opinion untethered to any current dispute but intended to constrain future behavior. EDF is part of a coalition of environmental organizations that – along with almost two dozen states and cities, power companies and business associations – opposes this challenge.

Rather than take up this case in order to consider legal theories in the abstract, the appropriate course would be for the Court to allow EPA to complete its new rulemaking, which will be subject to judicial review once finalized. At that time, reviewing courts will be able to assess EPA’s actual application of its Clean Air Act authority in the context of real compliance obligations and a factual record that reflects current realities.

Here are four key reasons that the petitioners’ pleas for Supreme Court review should fail:

Posted in Clean Air Act, Clean Power Plan, Energy, EPA litgation, Greenhouse Gas Emissions, News, Partners for Change, Policy / Comments are closed

EPA Expected to Act Soon on Mercury and Air Toxics Standards

By Ashley Maiolatesi / Published: August 31, 2021

The Mercury and Air Toxics Standards have slashed dangerous pollution and prevented thousands of premature deaths since their creation in 2012.

Despite this success, the Trump administration undermined the legal foundation for the Mercury and Air Toxics Standards in 2020. But the Environmental Protection Agency is soon expected to release a proposal that would restore the legal basis for limiting hazardous air pollution from coal-fired power plants under the Clean Air Act.

It’s critical for the health of American families that EPA does so — and that EPA then further strengthens the Mercury and Air Toxics Standards.

Posted in Clean Air Act, Health, Policy / Comments are closed