Climate 411

In Defense of Unlikely Partnerships

Jigar Shah’s blog post about The Climate War made me sad. Not because he missed the point of my book or had unkind things to say about people I admire — the man is entitled to his opinion. The piece saddened me because it gave voice to an incredibly damaging green stereotype: the notion that we enviros are ideological purists more interested in being right than being successful, and that we can’t work with anyone who doesn’t meet our high standards.

I’d thought Shah knew better. After all, he runs an NGO that works with industry to reduce greenhouse gas emissions–and he and I have even discussed the need to reach out to corporations if we’re going to turn the carbon tide. (I call it the Willie Sutton rule: If you want to cut pollution, you have to talk to polluters.) That’s certainly the approach of Environmental Defense Fund, which Shah disparages in his post. EDF has always embraced the power of unlikely partnerships, including the one with Duke Energy that so annoys Shah.

Shah criticizes EDF and its president, Fred Krupp, for working with Duke CEO Jim Rogers in the fight to pass climate legislation, and “for not holding Rogers to a high enough standard before giving him a seal of approval.” Shah writes that Krupp was “charmed” by Rogers and blind to Duke’s environmental record. To make that demonstrably inaccurate argument, Shah ignores all of the times EDF has gone into battle against Duke. Here are just a few:

  • EDF sued Duke Energy to force it to install pollution scrubbers on old power plants when it refurbished them. EDF took the case all the way to the Supreme Court and won in a 9-0 ruling handed down in 2007. The case, Environmental Defense, et al. v. Duke Energy Corp, is a landmark of environmental law. Shah doesn’t mention it.
  • When Duke proposed to build two massive new coal units in North Carolina, EDF and its partners challenged the need for the plants before the North Carolina Utilities Commission pointing to cleaner and more cost-effective alternatives. We secured a landmark decision in which the Commission denied Duke’s request for one of the two units.
  • EDF and its allies sued Duke again over its plan to build the Cliffside Unit 6 power plant, the remaining coal unit, without first determining whether the plant would meet Clean Air Act standards. EDF won again, and the 4th Circuit Court of Appeals recently upheld this victory.
  • When Duke sued to block federal clean air standards requiring far-reaching pollution reductions from eastern coal plants, EDF stepped in. And we successfully reversed the court decision halting the implementation of these vital clean air protections while EPA took corrective action.
  • Shah writes that Duke fought a proposed renewable portfolio standard in North Carolina and backed off “under heavy pressure.” He doesn’t mention that much of that pressure came from EDF, which was a leader in passing the renewable standard.

EDF, in other words, is more than willing to stand up to polluters–but it will also sit down with them if there’s a chance to make progress on key goals. That’s why, in the middle of these courtroom battles, Krupp and Rogers began working together to pass comprehensive climate legislation. Duke joined EDF in a coalition called the United States Climate Action Partnership, or USCAP. In The Climate War, I describe their uneasy alliance–squaring off during tough negotiations over the contours of the bill, collaborating on ad campaigns and opinion pieces, jawboning senators and congressmen in a multi-year effort to cap carbon. Along the way, Duke even resigned from the American Coalition for Clean Coal Electricity and the National Association of Manufacturers because those two groups were devoted to killing climate legislation.

Shah doesn’t acknowledge that Rogers’ support was crucial to passing climate legislation in the House, and he never mentions the real opponents of the bill or the myriad social and political forces that were allied against us. He claims that Rogers was “only involved in climate legislation efforts to make sure that new laws enrich his shareholders.”

That’s a simplistic view of a complicated figure. And if Shah is waiting for power bosses like Rogers to support legislation out of the goodness of their hearts, he’s going to be waiting a long time. Altruism is not going to get this done. The whole point of climate legislation is to give polluters a reason to clean up — to create incentives for doing the right thing instead of the wrong thing. Fred Krupp never held any illusions that Rogers or other the members of USCAP were trying for sainthood. These companies fought for climate legislation because they saw it as vital to their long-term economic well-being. That’s the point.

Of course Duke’s environmental record is mixed. My book lays out those facts in great detail. For Shah, that’s reason enough to shun Rogers. The title of his piece asks whether enviros should work with their “enemies”– and since Duke is not always on our side, he believes that makes it an enemy. That approach –“you’re either with us or you’re against us”– has failed us too often. It’s time we retired it for good. Environmentalists should not be an elite fraternity that refuses to consort with those who are less enlightened.

The people at EDF understand that. They deal with the world as it is, not as they wish it to be. That’s why, when I decided to leave journalism and join the environmental movement, EDF is where I chose to hang my hat. I’ve been here less than a month, and in that time we’ve launched tough actions against American Electric Power, which is trying to delay new air pollution standards, and United and Continental airlines, which have been greenwashing while opposing common sense rules to reduce pollution. We’re calling out corporations who delay progress while cooperating with those willing to clean up. We’re interested in working with anyone who wants to march down the path to a clean energy future. But we never have, and never will, demand that they march in lockstep.

Also posted in Climate Change Legislation, Partners for Change, Policy / Comments are closed

CFL’s: Get the Whole Story

A recent news article has revived some of the same old questions about compact fluorescent light bulbs (CFL’s). So EDF’s Elena Craft has summed up the issue on our sister blog, Texas Energy Exchange.

After compiling the most frequestly asked questions, and their answers, Elena concludes:      

Are CFLs the perfect energy solution? No, but they are a big step in the right direction. 

For a wealth of information about energy-saving light bulbs, be sure to read the whole post.

Also posted in Energy, News / Comments are closed

Early Christmas Gift from EPA: A Commitment to Cleaner Air for America’s Children

Great news, today, for anyone who wants cleaner air.

The U.S. Environmental Protection Agency (EPA) just announced a settlement agreement to establish national emission standards that will address the greenhouse gas pollution from new and existing fossil fuel power plants.

The agreement follows litigation launched in 2006 by a wide variety of parties — including EDF — after EPA refused to address greenhouse gas pollution in establishing national emission standards for power plants. EPA’s 2006 action was based on an interpretation of the Clean Air Act rejected by the U.S. Supreme Court.    

U.S. power plants are one of the single largest sources of airborne contaminants. They discharge more than 30 percent of all global warming pollution in America, about 40 percent of our toxic mercury, and almost two-thirds of our sulfur dioxide (which transforms into deadly fine particulate pollution and contributes to acid rain).

Now, EPA will establish new standards that will include the greenhouse gas emissions from the plant. EPA will issue a draft of the standards by July 26, 2011, and then take final action by May 26, 2012.

The announcement was immediately cheered by people across the country — including EDF’s own Fred Krupp, who said in a statement:

EPA’s commitment to address the dangerous, climate-disrupting pollution from power plants through common sense national standards will provide important environmental protections and will create economic certainty for vibrant new investments.

Along with EDF, the other parties to today’s settlement agreement are: the states of New York, California, Connecticut, Delaware, Maine, New Mexico, Oregon, Rhode Island, Vermont, and Washington; the Commonwealth of Massachusetts; the District of Columbia; the City of New York; Natural Resources Defense Council; and Sierra Club.

And in more good news, EPA also announced a settlement agreement to address pollution limits for refineries today. That proposal is due by next December, and final action is due in 2012.

Also posted in Clean Air Act, News / Read 2 Responses

Attacks on EPA Led by Group that is Linked to Owner of Largest Private U.S. Coal Reserves

EDF General Counsel Vickie Patton reveals how the state of Texas and Big Coal are prime movers behind a legal campaign attacking EPA’s greenhouse gas pollution cuts for smokestacks and tailpipes.

On December 10, the Court of Appeals for the District of Columbia rejected a request that it stay the Environmental Protection Agency (EPA) from implementing some common sense rules to curb greenhouse gas emissions.

Environmental Defense Fund (EDF) and its allies worked for months to help defeat that request.  Our allies included the Attorneys General of 19 states, numerous business organizations, and other environmental groups like Natural Resources Defense Council, the Sierra Club, and Earthjustice.

The attempt to shackle EPA was supported by the Coalition for Responsible Regulation, the state of Texas, and powerful groups like the National Petrochemical and Refiners Association. They are the prime movers behind a legal campaign to invalidate every national greenhouse gas pollution control measure that has been adopted to date.

Last year, in December 2009, an attorney representing the Coalition for Responsible Regulation sent an email to Texas government officials. EDF obtained that email [PDF] through the Texas Open Records Act. The email encouraged a legal challenge to EPA authority under the Clean Air Act, and requested that Texas and the Coalition:

“begin the coordination process”

But who, or what, is the Coalition for Responsible Regulation?  It appears to be closely linked to the largest private owner of coal reserves in the country.

The Coalition’s purpose, according to its articles of formation, is:

“To pursue such administrative and judicial avenues as appropriate to ensure that the Clean Air Act is properly applied to greenhouse gases.”

But “properly applied,” in this instance, means NOT applying our clean air laws to greenhouse gas pollution.

State records show that all three members of the Coalition’s board of directors share the same Houston address as the Quintana Minerals Corporation – though none of the Coalition’s incorporating papers mention the company. Bloomberg Businessweek says that one of those members, Charles H. Kerr, has been an executive with the Quintana Minerals Corporation since 1983.

Quintana Minerals is owned by Corbin Robertson Jr. and his family. It is the nation’s largest private holder of coal reserves.

Robertson is a contributor to  Texas politicians like Gov. Rick Perry, Attorney General Gregory Abbott and U.S. Rep. Joe Barton (who memorably apologized to BP for the White House’s investigation of the Gulf oil spill) — politicians who are committed to hobbling an EPA that uses rigorous science to regulate harmful pollution.

According to the Washington Post, Robertson has also joined forces with H. Leighton Steward (a well-known climate change denier) to campaign against climate science through two peculiarly named pressure groups — “CO2 is Green” and “Plants Need CO2.”

The Appeals Court ruling on December 10 temporarily freed EPA to fulfill its mandate, under the Clean Air Act, to protect human health and the environment by cutting harmful forms of pollution. EPA will start by limiting greenhouse gas emissions from new power plants and factories on January 2.

Also, EPA’s clean car standards will require lower emissions from new automobiles, which will get better mileage as a result. The new standards will cut America’s oil consumption and help the auto industry grow. American automakers, in their own filing to the court, said the attempt to stop EPA from implementing their new standards:

“would result in tremendous hardship” to the entire industry.

But sensible EPA actions like these are under continuing legal (and, with the new Congress, legislative) threat from the Coalition and its allies.

In fact, Texas has already jumped to the Fifth Circuit Court of Appeals, in New Orleans, to again ask for an immediate stay on implementation of EPA’s greenhouse gas rules. EDF and its allies are moving quickly to oppose this request.

Also posted in Policy / Read 2 Responses

The New Path Forward on Climate Change

This was originally posted on the Huffington Post.

Every major reform in our nation’s history has suffered defeats on the path to victory. From free trade to civil rights, setbacks have been a part of progress. But ultimate victory comes to those who learn from their defeats and press forward with new determination and perseverance.

The failure of the United States Senate to pass comprehensive climate and energy legislation this year was a serious setback for America, and for the world. The continuing cascade of scientific evidence shows that we are dangerously changing our climate, and the urgent need to act remains. So what do we do?

Our view is that we must be much more aggressive in pursuing pollution reductions under existing law, through America’s never-ending ability to innovate, and through partnerships with companies that can transform the marketplace. There are many companies making real change, and we intend to work with them.

However, we have well-financed enemies in this fight, and it is time to sharpen the nation’s focus on the businesses that obstruct vital progress.

For EDF, that means our historic interest in cooperation over confrontation will be recalibrated. We will always negotiate where possible, and we will continue to look for collaborative opportunities and flexible solutions. That is who we are, and we will continue to pursue those goals.

But there are companies that continue to choose short-term profits over public health, and who feel they are better off opposing progress. These companies have friends in the Congress, and they believe they will have more political leverage against the Environmental Protection Agency as the balance of power shifts in Washington next year.

Meanwhile, they are already marching into the courts to challenge virtually every breath EPA takes in this area. Our view is that the public and the investor community need to have far greater awareness of the companies engaged in indiscriminate obstructionism. We will look for ways to hold them accountable through every reasonable lever at our disposal. We will learn to be as tough with them as they have been with us.

We are evaluating everything from engaging more actively in corporate governance — the annual meeting of shareholders and outreach to boards of directors — to more active involvement in state Public Utility Commissions where the rubber meets the road on the scope of pollution — or pollution reductions — associated with major capital investments. And we are looking at a variety of ways to involve the public more actively in a conversation about who the big emitters are, where they operate, and what steps they are taking to reduce their pollution.

It doesn’t have to be this way, and we would rather spend our time working on smart policy and win-win solutions. But we have no choice. We cannot allow the efforts of a few powerful companies to block necessary progress for the rest of us.

At the same time, we must accept the reality that climate change has a political problem. For too many people, opposing a solution to climate change has become a political and ideological dogma. As long as many in Congress feel required to oppose any measure in this area, we will not succeed.

If we are going to de-carbonize our economy, we have to de-polarize the politics surrounding the conversation. It is worth remembering that no major environmental law has ever passed without substantial bipartisan support. This has always been the case — but the incoming Congress is a fresh reminder that bipartisanship must be the foundation of future progress.

In short, while being more aggressive and vigorously fighting to achieve critical emissions reductions, we — the environmental community — must be more open. Our response to this political problem must be to engage more widely and listen more carefully, not dismiss or belittle those with whom we disagree.

We will have to reach out to new partners, make new allies, and engage new constituencies. We have done so with a large part of the business community, and we will learn to do so with others.

We cannot expect that the public will support change without understanding the reasons for it. But we cannot browbeat our way to a broader understanding of the science behind climate change and the benefits of taking action. We need to start with the real problems people face in America today – from jobs and energy security to clean air and water — and work with them to find answers to those problems and the common challenge that faces all of us.

Fortunately, even in this difficult year, there is a path emerging that will allow us to begin to solve climate change, and there is a foundation upon which to build.

Within the last year, a controversial and overly complex but important climate bill passed the U.S. House of Representatives and received serious consideration among a number of Senate offices. Even where substantive disagreements remained, a new and significant understanding of policy issues and solutions was achieved — which is essential to move forward.

More broadly, public support for action on climate change, energy security, and clean energy remains strong. Just last month, in the largest public referendum on environmental policy, millions in California voted to keep the state’s landmark climate law on the books, saying that clean energy jobs are a path forward through a difficult economic climate. Californians rejected polluter-funded attempts to overturn the law by a 22 percent margin despite 12 percent unemployment in the state.

Meanwhile, the level of business support for meaningful climate and energy policy has reached new heights. A number of cities, states and regions across the country remain committed to moving forward. Plans for 130 new coal burning power plants have been canceled. The Administration moved forward with national greenhouse gas standards for vehicles, and talks are beginning for the next phase in 2016.

In order to continue to make progress, a new openness to different solutions will be essential. For our part — long standing advocates of a cap and trade approach — we need to accept that whether policies are cap and trade or something else is less important than whether they collectively provide a clear guarantee that emissions go down. More broadly, every entity looking for solutions to climate change will need to embrace flexibility and creativity in their policy approaches.

We will be guided by three principles as we work toward our pollution reduction goal:

  • We will judge ideas and policies by their potential to produce results. Performance is what matters.
  • Our approaches should be cost effective. This will lead to maximum pollution reduction returns for our investments and broader and durable public support.
  • We will involve as many sources of pollution, and methods for reducing and absorbing pollution, as possible.

How do we actually achieve the goal? National pollution limits established by Congress are still necessary for long term success, but in the short term we can take steps that move us in the same direction.

Our first priority must be to defend the pollution limits already in law, at the federal and state level. EPA has the responsibility under existing law to protect us from pollution, including the carbon emissions that cause global warming. It has done so thoughtfully over the years when regulating other air pollutants, and it can do so here. In fact, there may be no greater governmental success story than the Clean Air Act. We must encourage our neighbors in cities and in the countryside, to understand and protect the benefits of that law to our economy and our health, which have outweighed costs by more than 30 to 1; and to tell the stories of avoided premature deaths and childhood asthma attacks, and the shroud of smog lifted from our cities.

As with every pollution limit ever proposed, there will be some who will work to block, weaken, or delay any rules EPA tries to put on paper. We will fight them at every turn, making their full agenda clear to the American public: they seek not only to allow unlimited carbon pollution, but to derail limits on toxic mercury, lethal particulates, and other harmful contaminants in our air. We must remind America that obstructionists are attacking the fundamental public health protections of a bipartisan law that has stood for 40 years.

At the same time, we will encourage forward-thinking utilities and other businesses to reduce their pollution, and work with them to do so. And we will work on policies and programs that will allow for improved efficiency in the ways that we use and distribute energy — work that will save money as well as energy, and making our overall economy more competitive. Many businesses have already seen the benefits — lower energy bills, reduced regulatory issues, greater competitive advantage — and are making real, measurable strides.

These stories of what the world can be, both profitable and sustainable, are essential to return to a useful discussion about national limits for greenhouse gases. These examples will be more persuasive, because they are more concrete, than any other approach. There may be no more critical work that we will do over the next few years.

And we will continue to make the case that America will be stronger when we change the way we make and use energy. We cannot depend on hostile nations for so much of our energy, or slip further behind the Chinese and Europeans in creating new energy technology and jobs. Many of the issues about which we care the most — jobs, dependence, and competitiveness — are directly related to the issues of energy and pollution. But America will not support protective pollution limits or a transition to a cleaner energy economy if it does not believe that the solutions under consideration are solutions to these concerns.

In the long run we believe the path forward will be built from a continuing focus on solutions, and an aggressive approach combined with willingness to find new answers to the challenges we face. We must listen as well as speak, though speak we must. When we take this approach, we can seek out and work with people across the political and cultural spectrums with different approaches to solving our energy or climate challenges, and we can travel the path forward, together.

Also posted in Climate Change Legislation, Policy / Comments are closed

EPA Provides Welcome Guidance

Hats off to EPA for clarifying the role of bioenergy sources in our low-carbon energy future.  In guidance released yesterday, the EPA clearly identified the important role for bioenergy markets to create new jobs, restore rural communities and help achieve GHG reduction goals.

Equally important, the EPA affirms that not all biomass can be considered “carbon neutral” and that some forms of biomass will actually increase GHG emissions when compared with fossil fuels.  A recent Q&A in the New York Times expands on the complexities of bioenergy carbon accounting, including the role of time, geography, feedstock type, and utilization technology.

In releasing the guidance, EPA announced an open and flexible process to work with state and federal stakeholders to identifying which types of biomass can best reduce GHG emissions in the near term when compared with fossil fuels (such as wood waste and agricultural residues) and at the same time create efficient solutions to account for possible bioenergy induced shifts in landscape carbon storage and sequestration. We applaud EPA for taking the time now to ensure bioenergy markets create a sustained economic opportunity for the next generation of farmers, ranchers and forest owners.

EPA’s guidance provides a very measured and appropriate response that is based on science, will help us reduce GHG pollution and clarifies that bioenergy can be part of the solution.  The policy will send a clear signal for bioenergy markets to reward low-carbon forms of bioenergy while discouraging the use of biomass that increase GHG emissions in the near term.

We agree with Secretary Vilsack that with this guidance, EPA took another positive step toward getting the carbon accounting right for bioenergy markets.

Also posted in Policy / Read 1 Response