Climate 411

Smithfield Foods, World’s Largest Pork Producer, Sets Goal to Reduce Its Carbon Footprint

By / Bio / Published: December 16, 2016

A lot has changed since I first started working to reduce pollution from hog farms in North Carolina. That was back in the 1990s, during my early years at Environmental Defense Fund.

Back then, industry wasn’t exactly eager to sign on to new, environmentally-friendly technologies to manage hog waste. So it’s gratifying now to work with Smithfield Foods, the world’s largest pork producer, as it voluntarily commits to reduce its carbon footprint in a meaningful way.

Hog farms have long created both environmental and health problems for residents in the coastal plain of eastern North Carolina. Manure in the farms’ waste lagoons produces methane, ammonia, and other gases that contaminate both the air (causing respiratory problems as well as accelerating climate change) and the water (where nitrogen contributes to algae blooms, and at times, large-scale fish kills).

I collaborated with North Carolina State University for many years in evaluating possible technologies that can reduce pollution from pork production. This work led to 2007 legislation in North Carolina that banned new permits for lagoon and sprayfield hog manure treatment systems and established environmental performance standards for alternative treatment systems.

Now it’s 2016, and Smithfield has decided to take the lead in the animal protein industry by reducing its greenhouse gas emissions by 25 percent by 2025. That’s more than 4 million metric tons, or the equivalent of removing 900,000 cars from the road. But in order to succeed, it first had to understand its baseline emissions footprint. That kind of assessment required a thorough lifecycle analysis — a careful look at emissions produced throughout the company’s supply chain, from raw materials to disposal to retail to in-home consumption.

Smithfield graphic

Smithfield graphic

Companies’ individual lifecycle assessments are critical to developing plans to reduce greenhouse gases. The quality of the data collected for the assessment determines how useful the results will be in planning the changes companies will undertake to meet their goals. Company-specific data illuminates individual emissions hotspots in supply chains — those critical points where companies can focus their energy and attention to reducing negative impacts most effectively.

Smithfield contracted with the University of Minnesota’s NorthStar Institute for Sustainable Enterprise to create a custom greenhouse emissions inventory for the company, and EDF agreed to review the analysis.

Let’s take a look at the two major greenhouse gas emissions hotspots the lifecycle analysis identified, and how Smithfield plans to reduce greenhouse gases:

  1. Pigs consume a great deal of corn (as well as soy) which requires a large amount of nitrogen and other nutrients often provided by industrially-produced fertilizer. When applied to the land, the nitrogen in the fertilizer results in the release of nitrous oxide from soils, which is a potent greenhouse gas. In fact, feed production accounts for about 20 percent of Smithfield’s greenhouse gas emissions. The solution? EDF is working with Smithfield to optimize its fertilizer use, so it can get the crop yield required to feed the pigs while minimizing the surplus nitrogen which fuels nitrous oxide emissions.
  2. The other dominant emission hotspot comes from manure management. In Smithfield’s case, this accounts for more than a third of its greenhouse emissions. Hog manure is typically flushed from the barn into an open earthen lagoon. Smithfield now plans to cover lagoons to reduce the methane that’s released into the air on 30 percent of its company-owned farms. Smithfield is also committing to help its contract growers do the same. Those lagoon covers will also prevent ammonia from being lost to the air — a huge benefit because atmospheric ammonia losses result in public health and environmental risks. By capturing ammonia under the lagoon covers, Smithfield can use it as fertilizer, offsetting some of the inorganic fertilizer the company otherwise would have to purchase.

While these commitments by Smithfield Foods will not solve all (or even a majority) of the public health and environmental impacts of hog farms, this is a meaningful step by the company. It is also promising that NorthStar’s work with Smithfield can be readily adapted to other companies to develop their own lifecycle analysis.

I’m encouraged that Smithfield is taking a leadership role in this endeavor, and proud of the roles that EDF has played. EDF will continue to work with Smithfield to make this commitment a reality, and to address the remaining issues associated with pork production.

It is my hope that the commitment by Smithfield Foods will encourage other livestock producers to step up and take the actions necessary to reduce the public health and environmental impacts of their operations.

Also posted in News, Science / Comments are closed

Western Leaders, Attorneys General Support BLM’s Oil and Gas Waste Policies in Court

By / Bio / Published: December 16, 2016

8362494597_b5e016f63f_z-300x169By Jon Goldstein and Peter Zalzal

(This post originally appeared on EDF Energy Exchange)

The legal fight to defend the Bureau of Land Management’s (BLM) recent efforts to prevent oil and gas companies from wasting methane on public and tribal owned land continued yesterday.

EDF and a coalition of local, regional, tribal and national allies filed a brief opposing efforts by industry organizations and a handful states to block BLM’s protections before they even come into effect. 

The states of New Mexico and California also sought to participate in the legal challenges, likewise stepping up to defend BLM’s common sense standards. Notably, New Mexico is the largest producer of oil from public lands in the U.S. and the second largest producer of natural gas.

In seeking to stay BLM’s protections, the industry associations have claimed the standards have no benefits – so blocking them won’t have any impacts on the communities they are designed to protect.

But BLM’s oil and gas waste standards are about ensuring that operators use common sense technologies to capture natural gas that would otherwise be wasted. That preserves a valuable natural resource and cleans up the air, all while putting additional royalty payments in the pockets of Western communities that can be used to fund schools, roads and important infrastructure.

For example, a recent analysis found that in 2013, oil and gas companies operating on public and tribal lands wasted more than $330 million worth of gas – more than $100 million of that from New Mexico alone. This translates to lost royalty revenues for local communities. One report estimates that without action to reduce this waste, taxpayers could lose out on more than $800 million in royalties over the next decade.

The challengers’ legal claims stand in stark contrast to the facts on the ground. Evidence of the broad-based benefits of BLM’s Waste Prevention Rule was readily apparent in yesterday’s court filings supporting the protections..  Current and former state and county officials and everyday Westerners alike let their voices be heard about the importance of common sense measures to preserve public resources and protect the environment.

For example, in their filing seeking to participate in the case, the states of New Mexico and California emphasized:

Implementation of the Rule will benefit the States of California and New Mexico by generating more annual royalty revenue . . . . In addition, the Rule will benefit the health of the states’ citizens who are exposed to harmful air contaminants leaked, vented and flared from federally-managed oil and gas operations . . . . The People of California and New Mexico have a strong interest in preventing the waste of public resources, as well as in reducing the emission of harmful air pollutants that threaten the health of the states’ citizens, the integrity of their infrastructure, protection of their unique environments and ecosystems, and the continued viability of their economies. ( Filing, pages 2 and 3)

And in their filing opposing the preliminary injunction, these states claimed:

Because the Rule is likely to result in the stronger protection of federal lands and greater prevention of the waste of natural resources, which belong to the People, the public interest weighs strongly in favor of denying the injunction. (Filing, page 16)

The benefits that New Mexico and California identified are broadly shared and were likewise reflected in declarations submitted by county officials and former state officials in support of the standards.

Current La Plata County Colorado Commissioner Gwen Lachelt identified both the problem of resource waste on public lands and the benefits for Western counties like hers in addressing it:

The San Juan Basin, in which La Plata County is situated, has one of the highest rates of wasted gas and methane loss in the country, accounting for nearly 17% of U.S. methane losses.

In addition to wasted methane, oil and gas sites in La Plata County and the San Juan Basin release dangerous pollutants such as benzene and ozone-forming pollutants that can lead to asthma attacks and worsen emphysema . . . . This air pollution continues to be a regional public health hazard, and has contributed to La Plata County receiving a low grade for poor ozone air quality from the American Lung Association…

The Rule will benefit La Plata County by providing additional royalties that we can use to fund key County priorities—including infrastructure, roads, and education—while also helping to clean up the air in the San Juan Basin, which will have health benefits for our citizens. (Filing, page 4 and 5)

Lachelt points out that unlike other leading oil and gas states like Colorado, New Mexico has no policies to reduce methane waste and other pollution from oil and gas wells, and that BLM’s efforts will help to provide uniformity across state lines.

Sandra Ely, a former Chief of the New Mexico Environment Department’s Air Quality Bureau likewise submitted a declaration describing the importance and benefits of the BLM standards. She particularly focused on the long-standing problem of resource loss in the San Juan Basin. The region made headlines in recent years when NASA scientists discovered a 200-square-mile methane cloud over the region – the largest methane cloud uncovered in the U.S. Subsequent studies determined that oil and gas emissions were the main contributor to the methane “hot spot.”

I am aware of a recent study, focused on the San Juan Basin, which suggested that BLM’s proposed leak detection and repair requirements alone would result in anywhere from $1–$6 million dollars of additional revenue for New Mexico… Absent the Waste Prevention Rule, I am concerned that resource loss and poor air quality associated with oil and gas development will continue unabated in New Mexico (Sandra Ely, Filing, page 7)

Western leaders have been vocal in their support for BLM’s sensible standards that take an important energy resource out of the air and deliver it responsibly to the American public. At public hearings that the BLM held across the west these rules were supported by more than 3 to 1 margins. More than 80 local officials across the West, including county commissions in La Plata, Park and San Miguel counties in Colorado and Bernalillo, Rio Arriba and San Miguel counties and the Santa Fe city council in New Mexico, all support the protections. And these rules enjoy broad bipartisan public support as well (more than 80 percent of Westerners in a recent poll).

Given this cross-cutting support and yesterday’s forceful legal filings, it’s no wonder that industry challengers in this case don’t even want the judge to hear the views of New Mexicans and Californians. Yesterday, they indicated that they would oppose these states’ efforts to protect the interests of their citizens by participating in the case. While this reflexive obstructionism isn’t surprising—industry petitioners filed their legal challenges within 40 minutes of the rule being finalized and tried to block the standards’ effectiveness shortly thereafter—it certainly reveals their very one-sided view of what is in the public’s interest.

The Wyoming Court is scheduled to hear oral argument in this case on January 6. We look forward to continuing to defend these standards that will clean the air and prevent waste.

Also posted in Economics, Energy, Greenhouse Gas Emissions, Health, News, Policy / Comments are closed

Defending BLM Standards that Reduce Waste, Protect Air Quality

By / Bio / Published: December 6, 2016

us-doi-blm-logo-300x261EDF, along with a coalition of health and environmental groups, just filed a motion to intervene in defense of vital new standards that will prevent the wasteful loss of natural resources, save money for taxpayers and tribes, and reduce emissions of dangerous and climate-disrupting pollution.

The Bureau of Land Management’s (BLM) waste prevention standards will reduce venting, flaring, and leakage of natural gas on BLM-managed federal and tribal lands – but they are being challenged in U.S. Federal District Court in Wyoming by oil and gas industry groups and three states.

Federal and tribal lands are an important source of oil and gas production. Together, the amount they produce is the equivalent of five percent of the U.S. oil supply and 11 percent of the U.S. natural gas supply, and generates more than $2 billion annually in royalties.

Unfortunately, oil and gas companies that lease these federal and tribal lands lose substantial amounts of publicly-owned natural gas through unnecessary venting, flaring, or leaking at production sites.

A recent study from ICF International found that in 2013, drilling on federal and tribal lands —mostly in the rural West— leaked, vented, and flared natural gas worth about $330 million. An analysis from the Western Values Project estimates taxpayers could lose almost $800 million over the next decade if wasteful venting and flaring practices continue.

In addition to wasting a public resource, oil and gas companies’ unnecessary venting, flaring, and leakage on federal and tribal lands also poses significant public health and safety risks.

The wasted natural gas is primarily composed of methane – a powerful greenhouse gas, capable of warming the climate at a rate 84 times that of carbon dioxide over a 20-year period.

The leaked, vented, and flared natural gas also emits air pollutants including carcinogens such as benzene, and volatile organic compounds – which contribute to hazardous smog.

BLM’s recently finalized venting and flaring standards deploy common sense, cost-effective, and readily available technologies — already effectively in use in several states across the country — to capture this gas.

The standards yield significant benefits by minimizing the waste of a taxpayer-owned natural resource, and by curbing emissions that contribute to air pollution and climate change, all while helping to create new jobs in methane mitigation. They will save, and put to productive use, up to 56 billion cubic feet of gas a year — enough to supply up to 760,000 households – and will provide millions in additional revenues for taxpayers.

The standards will also cut methane emissions by up to 169,000 tons per year — the equivalent to carbon emissions from as many as 890,000 vehicles.

These benefits will accrue to millions of people across the country, including those living near oil and gas development on federal and tribal lands.

EDF member and New Mexico rancher Don Schreiber has more than 100 oil and gas wells on and near his ranch in the San Juan Basin that will now be covered by the BLM standards. In a declaration supporting EDF’s motion to intervene, he describes the impact of venting, flaring, and leaking from these wells on his family and, in particular, his grandchildren:

Most noticeable is the near-constant smell from leaking wells. …  These odors make breathing uncomfortable and often cause us to leave affected areas as quickly as possible. … We worry about [our grandchildren’s] exposure to air pollutants from oil and gas development on the property, and always are careful to keep them away from the wells and above ground pipeline equipment. Protecting our grandchildren from the negative health effects of oil and gas emissions is a constant concern when they come to visit us. (New Mexico rancher Don Schreiber, Declaration)

With the new standards, he anticipates a reduction in the “harmful air pollution near my home and in the state where my family and I live, work, and recreate.” (Declaration)

BLM’s efforts to reduce natural gas waste have broad and cross-cutting support from elected officials and community members across the West. In a recent bipartisan poll of Western states, 80 percent of respondents supported BLM standards to curtail waste of this valuable resource. And, over the course of several years during which the rule was under development, BLM solicited the feedback of community stakeholders, oil and gas developers, and local, tribal and state governments. The final rule is the result of a collaborative and deliberate process and includes changes that reflect this stakeholder input.

Standing in stark contrast to this careful process, industry associations rushed to file legal challenges seeking to overturn the waste prevention rule within 40 minutes after it was released — hardly enough time to read the rule, let alone meaningfully consider its contents.

And in a subsequent filing seeking to block these protections before they become effective, these industry associations put forward a number of flawed claims, not least of which was their suggestion that BLM acted unlawfully because its rule may “only” produce additional annual royalty revenues of $22.4 million — a sum the filing characterizes as “de minimis.”

While $22 million annually may be an insignificant amount for the oil and gas companies litigating to overturn this rule, it has real meaning for infrastructure projects, schools, and communities across the country that stand to benefit from this funding.

It’s unfortunate that some have engaged in reflexive efforts to roll back protections designed to prevent the waste of our nation’s public resources and, at the same time, protect our air quality and climate.

The good news is that BLM’s commonsense standards are firmly rooted in the agency’s manifest authority to minimize waste and to address the harmful health and environmental consequences of oil and gas development on federal lands.  We at EDF look forward to vigorously defending these standards in court.

Also posted in Economics, Energy, Greenhouse Gas Emissions, Health, Policy / Comments are closed

What Do the 2016 Elections Mean for the Clean Power Plan?

By / Bio / Published: November 21, 2016

President-Elect Trump has repeatedly claimed that climate change is a “hoax,” and has appointed notorious climate denier Myron Ebell to run the transition team for the Environmental Protection Agency (EPA). During the campaign, Trump advocated for “scrapping” the Clean Power Plan – the nation’s first limits on harmful climate pollution from existing power plants, which are among the United States’ very largest sources of these contaminants.

Lost in this campaign rhetoric was the reality that states and companies across the country are already making cost-effective investments in transformative clean energy technologies that are rapidly reducing emissions of climate pollution across the power sector. These investments are helping deliver a more reliable and affordable electricity grid, yielding tremendous public health benefits by reducing emissions of soot and smog-forming pollutants, and driving job growth in communities around the country.

The Clean Power Plan builds on all of these trends and helps ensure they will continue for years to come, but the Trump Administration will be hard pressed to stop the progress underway in its tracks.

If Trump does try to roll back the Clean Power Plan, he will find himself on the wrong side of history, the law, and public opinion. The Clean Power Plan is firmly rooted in our nation’s clean air laws, and there are millions of Americans across the country – along with a broad and diverse coalition of states, cities, businesses, faith organizations, consumer advocates, and other leaders – who support these protections and will fight to preserve them.

cpp_supportmap_600Large Majorities of Americans Support the Clean Power Plan.

Donald Trump did not get elected with a mandate to dismantle important climate protections supported by large majorities of Americans. Poll after poll shows that Americans all across this country — in red and blue states alike — broadly support clean air, clean energy, and climate progress. This includes strong, diverse support for the Clean Power Plan, even in states currently suing over the standards. More than two-thirds of voters favor federal action to reduce emissions of pollutants that cause climate change.

If the new administration tries to take steps to roll back these important measures, they will have to do so knowing that they are woefully out of touch with the majority of the American people.

Weakening or rescinding the Clean Power Plan, or other public health and environmental protections, also won’t do anything to address the economic concerns that did figure prominently in Trump’s campaign.

As recent analyses by respected energy experts have demonstrated, the coal industry has been experiencing declining production and employment due to factors that have nothing to do with the Clean Power Plan – including intense competition from natural gas, the falling cost of renewables, and a slew of bad investment decisions. Even Senate Majority Leader Mitch McConnell recently expressed doubt that attacking environmental regulations will cause a turnaround for the coal industry.

At the same time, undoing the Clean Power Plan could adversely and needlessly affect long-term growth in America’s vibrant clean energy industry –  which currently supports hundreds of thousands of manufacturing and construction jobs around the country, and employs far more people than the coal or oil and gas industries.

Leading Businesses, Cities of All Sizes and in All Regions Support the Clean Power Plan

In addition to enjoying the support of millions of Americans, limits on carbon pollution represent good business and good governance. Our cities, states, and companies support limits on climate pollution and investments in new, clean energy technologies that bring jobs and economic opportunity to our communities.

The week after the election, more than 360 of the nation’s leading businesses — including DuPont, General Mills, Levi Strauss, Nike, and Starbucks — signed a remarkable statement urging Trump to honor the United States’ commitments in the Paris Agreement to reduce dangerous climate pollution. These companies declared that “Failure to build a low-carbon economy puts American prosperity at risk,” and that the “right action now will create jobs and boost US competitiveness.”

Power companies that together own or operate one of every ten megawatts of the nation’s generating capacity – including some of the nation’s largest operators of fossil fuel powered plants – are supporting the Clean Power Plan in court.

So are many large energy users. Leading businesses that employ tens of thousands of people in all regions of the country — including Adobe, Apple, Amazon, Google, IKEA, Mars, and Microsoft — recognize the importance of the Clean Power Plan to their economic growth and are also supporting the rule. More than 100 of America’s top companies signed a public statement this spring calling for “swift implementation” of the Clean Power Plan.

Adding to this groundswell of support, 18 States, 60 cities, the U.S. Conference of Mayors, and the National League of Cities are supporting the these standards in court. These municipalities include major cities in states that are litigating against the Clean Power Plan, such as Houston, Grand Rapids, and Miami.  Many of these cities are on the front lines of climate change and they know their citizens don’t want leaders who put politics above their safety and well-being.

Our Nation’s Clean Air Laws Require EPA to Protect the Public from Harmful Pollutants that are Destabilizing Our Climate

EPA has a legal responsibility to protect the public from dangerous climate pollution that threatens our prosperity, security, and public health.

The Supreme Court has affirmed EPA’s authority to regulate greenhouse gases under the Clean Air Act three times since 2007, including EPA’s authority to limit carbon pollution from power plants under the Clean Air Act provision that is the basis for the Clean Power Plan.

As so many Americans around the country recognize, the Clean Power Plan is a common-sense and cost-effective step towards fulfilling this bedrock legal obligation. Many companies and states also recognize that it provides unprecedented compliance flexibility that may not be replicated in another regulatory approach. Although Congress could attempt to modify or roll back the Clean Power Plan by amending the Clean Air Act, such action would be extremely controversial and encounter especially stiff opposition. Americans across the country — and the numerous states, municipalities, businesses, consumer advocates, faith organizations, and other leaders who support the Clean Power Plan — will vigorously oppose any attempt to weaken these vital, hard-fought protections for climate and public health.

The Incoming Administration Cannot Simply Dismantle the Clean Power Plan by Fiat

In addition to deep support, proponents of a safer climate have America’s bipartisan bedrock clean air laws on our side.

Any attempt to withdraw or modify the Clean Power Plan or other clean air protections would first have to go through the same rigorous, inclusive public notice and comment process that EPA carefully followed in adopting them. Such changes would also be subject to judicial review in the federal courts, and would be set aside if they are contrary to the Clean Air Act or do not rest on sound technical and policy foundations.

Previous Administrations that have attempted to make sweeping changes to Clean Air Act protections – including the George W. Bush Administration – abandoned these efforts in the face of strong public opposition and defeat in the federal courts.

The Clean Power Plan Builds on and Accelerates the Transition to a Clean Energy Future that is Already Under Way in the Power Sector

Perhaps the biggest reason opponents shouldn’t expect to overturn the Clean Power Plan overnight is that this important rule is only cementing the direction our energy system has been moving for years.

States and power companies across the country recognize this transition is the best way to provide ratepayers with affordable, reliable, and low carbon electricity – and they understand that the Clean Power Plan provides a common-sense, flexible, cost-effective framework for achieving those goals.

Even without the Clean Power Plan targets in effect, the Energy Information Administration has reported that power sector carbon emissions have fallen by 21 percent since 2005 –almost two-thirds of the way towards meeting the Clean Power Plan’s 2030 emission reduction targets.

Wind and solar are expected to account for almost two-thirds of the electric generating capacity added to the grid in 2016. Many states are on track to fully meet their Clean Power Plan reduction targets. Meanwhile, retail electricity prices actually fell in 2016 for the first time in many years.

That doesn’t mean the Trump Administration can’t attack the Clean Power Plan. We fully expect a fight, and we know it won’t be easy. But we are ready to fight – and we hope you’ll join us.

The transition to a clean energy future is already well underway, and it cannot and will not be stopped. The health and prosperity of America’s families and communities depend on it.

Also posted in Clean Air Act, Clean Power Plan, EPA litgation, News, Policy / Read 1 Response

Cutting carbon pollution from aviation: A major breakthrough years in the making

By / Bio / Published: October 12, 2016

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(This post originally appeared on EDF Voices)

Five years ago, I had one of the hardest tasks in government for someone who cares about climate action: running an interagency process in the White House on addressing carbon dioxide emissions from international aviation.

To put it mildly, climate action in the aviation sector was at an impasse.

The European Union was seeking to extend its greenhouse gas emission trading system to include international flights to and from Europe. The EU was well within its legal rights, and a range of studies showed that despite significant emission reductions the costs to passengers would be slight.

But the political opposition was widespread and fierce.

India had gone ballistic at the idea. Russia threatened to deny Europe access to its airspace. China said it would cancel orders for European aircraft.

In the United States, meanwhile, not a single senator was willing to block legislation that railed against Europe’s proposal to cover American air carriers.

And yet, last week, the 191 member states of the International Civil Aviation Organization agreed to the first-ever cap on carbon pollution from a global sector, adopting by broad acclaim a market-based measure on carbon dioxide emissions from international flights.

The agreement, while not perfect, is significant – not only for the emissions reductions it promises to achieve, but also because of the circuitous journey that got us here.

Industry: We need consistency

The impetus to find a way out of the impasse came from two quarters.

The first was a business imperative. What the aviation industry feared more than anything was a patchwork of regulations – one approach in Europe, another in the U.S. and still another in China. That made the industry, a strong opponent of the EU’s plan, willing to come to the table to get a global deal.

The second was the Obama administration’s commitment to climate action. If we couldn’t overcome the widespread opposition to Europe moving ahead, could we leverage the threat of EU action to land an international agreement?

ICAO, the aviation agency of the United Nations, had already agreed in 2010 to explore policy options to achieve a global solution. So in the fall of 2011, I raised the idea of pivoting to ICAO in a conversation with Mike Froman, then the White House Deputy National Security Advisor for International Economic Affairs.

A breakthrough came the following spring, when Tony Tyler, head of the International Air Transport Association, met with Mike and made it clear that the industry would support a robust market-based measure in ICAO.

EU: Get a deal or else

That summer, U.S. Special Envoy for Climate Change Todd Stern held the first of a series of informal meetings among countries to discuss an ICAO solution.

Meanwhile, the administration worked to ensure that when the anti-E.U. legislation was passed by Congress that autumn, it directed the administration to negotiate a global approach.

Work on a global market-based approach accelerated once ICAO agreed in 2013 to develop a proposal for formal consideration.

The EU kept the pressure on by making clear that it would reinstate its coverage of international flights if ICAO failed to act.

The industry remained supportive, just as Tony Tyler had pledged back in 2012. Environmental Defense Fund and our partners in the International Coalition for Sustainable Aviation, which EDF helped to found 20 years ago, published economic and legal analyses and provided technical support to governments, including through expert participation in ICAO working groups.

My former colleagues in the Obama administration spearheaded the effort to reach an agreement and put on a full-court diplomatic press in the last few weeks to secure participation from as many countries as possible.

Nations: We’ll move if we can compromise

The global market-based measure announced in Montreal last week will reduce carbon pollution by an estimated 2.5 billion tons over the first fifteen years of the program. It signals continued momentum on climate action, and positions the aviation sector as an engine of demand for high-quality emissions reductions around the world.

To be sure, the agreement is not perfect. An ideal agreement would apply to all anticipated emissions growth, whereas the deal currently covers 76 percent – although that will rise if more nations join.

The “carbon-neutral growth” target must be strengthened over time if the aviation sector is to do its fair share to address climate change – which is why the agreement includes provisions for regular review in light of the Paris Agreement’s long-term temperature goals.

To accommodate the concerns of fast-growing emerging markets, the agreement initially ties each air carrier’s responsibility to the sector’s overall emissions growth, not just its own emissions – arguably a more equitable approach, but one that dampens incentives for within-sector emission reductions.

And the agreement sets a two-year time frame for finalizing the crucial draft rules needed to determine what types of emissions units will be eligible for use in the program and ensure that they are not “double-counted” against other compliance obligations.

Such compromises, however, were crucial to garnering the support of a huge majority of ICAO’s member nations and getting the agreement across the finish line.

A good day for the climate

Some, including a few of my colleagues in the environmental movement, focus on the deal’s shortcomings to castigate it or at least damn it with very faint praise.

But letting the perfect be the enemy of the good is a luxury the world cannot afford – least of all the people of countries on the front lines of climate change, such as Jamaica, Burkina Faso and the Marshall Islands, whose representatives helped create momentum for the deal in the final days of the negotiations by eloquently urging ICAO to act.

Back home in New York the night after the deal was announced, my daughters, 11 and 14, asked how my day had been. I had to pause and let it sink in.

“Well, we got an international agreement that we’ve been working toward for many years that will limit carbon pollution from airplanes – and help make the future of the planet just a little bit safer” I told them. “So, yes, it was a very good day.”

Also posted in Greenhouse Gas Emissions, International, News, Policy / Comments are closed

Today’s Clean Power Plan Oral Argument: A View from Inside the Courthouse

By / Bio / Published: September 27, 2016

rp_Gavel-and-earth-from-Flickr-300x199.jpgEarlier today the U.S. Court of Appeals for the D.C. Circuit heard oral argument on the Clean Power Plan — America’s first-ever limits on climate pollution from power plants, which are our single largest source of this harmful pollution.

For the first time, these vital safeguards are being reviewed on the merits. Ten active judges on the D.C. Circuit presided over today’s argument.

I was at the courthouse today. Here’s my read out:

Judges’ probing questions reflected their active engagement and preparation as anticipated in such a high profile case — as well as a skeptical view of opposing arguments

The judges today were prepared and engaged. They asked sharply probing questions of all sides.

But the big news is that a majority of judges appeared receptive to arguments in support of the Clean Power Plan.

The court understood that EPA was carrying out long-established legal authority — affirmed in three separate Supreme Court opinions — to tackle the urgent threat of climate change by addressing our nation’s largest source of climate pollution.

Judge Millett characterized petitioners’ arguments against EPA’s authority as a “bait and switch”— one that would gut the Supreme Court’s conclusion in an earlier groundbreaking case, American Electric Power, which concluded that Section 111(d) “speaks directly” to EPA’s authority regulate greenhouse gases from existing power plants. (564 U.S. 410, 424, 2011)

Judges also recognized that the Clean Power Plan’s approach reflects familiar, time tested strategies to reduce pollution — strategies that the Supreme Court and the D.C. Circuit have upheld in numerous past Clean Air Act programs adopted under administrations of both parties.

The judges’ questions demonstrated their keen understanding of how the power sector works. Several judges underscored the unique nature of the interconnected electricity grid system —which distinctly enables sources to reduce emissions cost-effectively through shifting generation to lower-emitting sources — in discussing EPA’s inclusion of generation shifting as part of the best system of emissions reduction reflected in the Clean Power Plan. Judge Tatel, for example, expressly recognized the point that generation-shifting strategies incorporated in the Clean Power Plan are “business as usual” for power companies.

Meanwhile, the judges expressed skepticism towards petitioners’ claims. In one exchange, Judge Pillard questioned why petitioners’ arguments would not entirely “immunize” highly polluting sources from pollution control.

Legal experts representing a wide variety of perspectives forcefully and effectively argued in support of the Clean Power Plan

A diverse and impressive suite of presenters argued in support of the Clean Power Plan.

Seasoned U.S. Department of Justice (DOJ) attorneys articulated the clear and compelling legal and technical basis for the Clean Power Plan, which was informed by an unprecedented level of public and expert input including more than four million public comments. The DOJ attorneys underscored how the Clean Power Plan’s approach carefully respects statutory limits on EPA’s authority and embodies well-established, proven strategies to reduce pollution.

The attorney representing power companies supporting the Clean Power Plan — a robust coalition that represents almost ten percent of America’s electricity generation capacity —emphasized that the power sector is already reducing its carbon pollution by shifting to low-cost cleaner generation, making Clean Power Plan targets eminently achievable. For these companies, the carbon reduction strategies EPA recognized in the Clean Power Plan are “business as usual” — the phrase that was then raised by Judge Tatel later during the day. The power company attorney’s remarks also emphasized that petitioners’ approach would ask EPA to ignore the widespread strategies that power companies are already using to reduce carbon pollution cost-effectively through shifting generation to lower and zero emitting resources.

Counsel for the numerous states and cities across the country that are supporting the Clean Power Plan spoke on behalf of their citizens on the urgent need for protections against climate pollution. The state attorney’s remarks highlighted how the rule’s flexible approach echoes other traditional, successful Clean Air Act programs, and properly respects states’ role in the interconnected electricity grid system.

Sean Donahue, counsel for public health and environmental organizations including Environmental Defense Fund, forcefully articulated the clear basis for EPA’s authority and the urgent need to protect our communities, our families, and our economy against climate change. In particular, Donahue underscored that Clean Power Plan opponents seek to fundamentally obstruct any progress in addressing the most pressing environmental challenge of our time – climate change. Indeed, opponents of the Clean Power Plan have, in previous statements, conceded that EPA has authority to issue the Clean Power Plan — entirely undercutting their current claims to the contrary.

It’s challenging to predict an outcome from oral argument

It’s difficult to guess a case’s outcome from any oral argument. That’s even more true in today’s case, which was heard by an en banc court – all ten active judges on the court, aside from Judge Merrick Garland who recused himself. With ten judges to observe and interpret, each with an individual perspective and background, prognostications are particularly challenging.

Nonetheless, we have many reasons for optimism after today’s rigorous review of petitioners’ claims. Most of all, the rock solid legal and technical foundation for the Clean Power Plan gives us confidence that climate protection can win the day.

Now, the judges deliberate

The judges now turn to deliberation and discussion. In a typical case, the D.C. Circuit can take several months to issue an opinion. Here, there is a true sense of urgency in resolving EPA’s clear authority to combat climate change — earlier in the case, judges issued an order for expedited consideration — but there will also be ten judges’ opinions to resolve. Our nation’s biggest step to protect the health and well-being of our communities from climate pollution hangs in the balance.

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