Climate 411

The Clean Future Act: New Mexico’s biggest opportunity to lead on climate

New Mexico mountains

Photo credit: Pixabay

Last year, New Mexico was hit by three different billion-dollar weather disasters: a devastating wildfire season, severe summer storms that included destructive hail, and persistent drought throughout the year across the West. At one point in 2021, over half of the state was in “exceptional drought” (the most severe category of drought), which put immense pressure on farmers, ranchers and even towns to find ways to conserve water.

As these costly, climate change-fueled events become more severe and frequent, communities across the state are looking to the Roundhouse for strong leadership. That is why it was critical when Governor Michelle Lujan Grisham announced in October that she would push a bill this legislative session to ensure New Mexico does its part to reduce emissions.

This session, New Mexico state leaders can act on the Clean Future Act (House Bill 6), a bill that will reduce harmful climate pollution and build a cleaner, healthier economy for all New Mexicans. This bill puts statutory limits on pollution from all major sources of greenhouse gases across the state, requiring pollution reductions of 50% below 2005 levels by 2030 and achieving net-zero emissions by 2050, including a 90 percent reduction in direct emissions by that date.

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Colorado legislators passed a law to cut pollution from industry, but regulators have yet to deliver

Cement plant west of Pueblo, CO.

Cement plant west of Pueblo, CO. Photo by Jeffrey Beall

As the 2022 legislative session in Colorado gets underway – with many climate and environmental issues on the agenda – it’s important to take stock of what legislators accomplished on this front last year. One key action we’ve been tracking closely and hope to see progress on this year: Curbing climate pollution from industry and manufacturing.

On top of Colorado’s existing obligation to cut emissions across the economy, established in the state’s Climate Action Plan in 2019 (HB 19-1261), the legislature passed an additional mandate last year directing the state’s Air Quality Control Commission (AQCC) to adopt rules that ensure climate pollution from the industrial and manufacturing sector falls 20% below 2015 levels by 2030.

As we detail below, even with this further direction from legislators and some positive steps, progress on reducing emissions continues to be slow. In the fall, the Commission adopted a new rule that takes aim at climate pollution from four specific industrial facilities in Colorado. The new rule marked an important step forward as the first rule directly regulating climate pollution from one of the state’s major source categories, though together these facilities account for just 2% of the statewide emissions (see Figure 1 below).

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Power companies, businesses, and experts support EPA authority to address climate pollution at Supreme Court

More than a dozen amicus curiae – or “friend of the court” – briefs were filed in support of EPA in West Virginia et al. v. EPA, a Supreme Court legal challenge brought by coal companies and their allies in an effort to undermine EPA’s authority to safeguard human health and the environment from the climate pollution emitted by power plants.

Amicus briefs are common in Supreme Court cases and can provide the Justices with important information or arguments from entities that are not themselves party to the legal challenge. But the amici supporting EPA here are especially notable for their breadth and expertise. They represent a far-reaching set of interests and entities, including a large coalition of the nation’s power companies, former power company leaders, major American businesses and manufacturers, power sector experts, climate scientists, legal scholars, medical and public health experts, almost 200 members of Congress, and the Edison Electric Institute – which represents numerous companies that would themselves be regulated under any hypothetical EPA rule filed in support of EPA’s authority here.

Such a substantial showing of amici underscores the significance of maintaining EPA’s authority to regulate climate pollution and protect human health and the environment in the face of aggressive attacks from the coal petitioners and their allies.

Here’s more about the amicus briefs:

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Also posted in Clean Power Plan, EPA litgation, News, Policy / Comments are closed

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

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.

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

What We’re Watching in Reconciliation: Regular Updates from EDF

Photo Credit: John Williams

Through the process known as budget reconciliation, Congress is now crafting a bill that could include significant investments in climate action that will drive economic and job growth. There are going to be a lot of moving parts over the next few weeks, which is why EDF will be weighing in regularly in this space to help break down what’s happening, and why it matters.

Want a primer on the key issues EDF will be watching? Read all about them here.

Dec. 13: Build Back Better Act moves through the Senate; White House releases new Executive Order building on climate investments

The Build Back Better Act continued its march through the Senate last week, with several key sections of the legislation going through the process of being vetted for final passage. We’re hearing a final vote may be scheduled as soon as December 20. 

But even as we wait for the Build Back Better Act to move through the Senate, the White House is not hesitating to act on the climate crisis. Last Wednesday, President Biden signed an Executive Order on Catalyzing Clean Energy Industries and Jobs through Federal Sustainability and released a Federal Sustainability Plan detailing the government’s plan to “walk the talk” on clean energy.  Read More »

Also posted in Cars and Pollution, Climate Change Legislation, Economics, Health, News, Policy / Read 1 Response

Governor Murphy’s 2030 climate goal demands a new climate game plan for New Jersey

Last month, Governor Phil Murphy elevated New Jersey’s fight against the climate crisis this decade by signing Executive Order No. 274, which commits the state to reducing greenhouse gas emissions 50% below 2006 levels by 2030. The Governor’s action is a critical step toward putting New Jersey on a path to do what is necessary to avoid the worst effects of climate change, and it aligns the state’s goals with those of the Biden administration. It also arrives at a crucial time, after New Jersey communities were hit with destructive flooding and tornadoes from Hurricane Ida earlier this fall and have been forced to confront the reality of increasingly severe and frequent storms.

But Governor Murphy’s climate legacy will not be secured by this commitment. It will be determined by the action he takes to deliver on it. Now that the goal to halve emissions by 2030 across all sectors of the state’s economy has been established as the formal policy of the state of New Jersey, Murphy will need to develop a policy framework that secures emission reductions in line with the target.

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