Climate 411

Congress set to vote on major job-creating, national infrastructure bill

Three months into the COVID-19 crisis, it’s clear that the American economy and the nation’s workforce needs more help. Millions are still out of work and experts have declared a recession. To address this need, next week the House of Representatives will take up a recovery bill that seeks to not only restore America’s crumbling infrastructure, but to create millions of jobs while building the healthier, safer and cleaner future we need.

The Moving Forward Act presents a transformative and actionable plan that can spur job growth almost overnight, and change the trajectory of our energy economy for decades to come–while addressing head-on the related environmental health impacts that disproportionately impact local communities.

This bill adds to mounting pressure for the U.S. Senate to help American families in a way that builds stronger, healthier communities for the long-term.

Here’s how the Moving Forward Act paves the way for prosperous communities and a safer climate:

Makes significant investments to clean up our nation’s transportation system:

  • $1.7 billion for transit agencies to purchase zero-emission buses
  • $500 million per year for zero emission ports, which will reduce air pollution and help mitigate the health disparities that exist in America’s port communities
  • $200 million to expand the use of sustainable aviation fuels that will reduce aircraft greenhouse gas emissions
  • Requires the U.S. Postal Service fleet, including medium and heavy duty trucks, to move to zero-emission vehicles

Invests in clean energy to make sure this sector, the fastest  growing energy sector in the U.S., thrives and grows to meet tomorrow’s energy needs:

  • Extends and expands tax incentives for renewable energy, energy storage, electric vehicles, energy efficiency and other clean energy technologies.
  • $700 million per year to modernize our electric grid and make sure it can support the expansion of clean energy generation and use throughout the country, as well as withstand increasingly extreme weather

Protects communities from climate-fueled extreme weather events that we are facing today:

  • $6.25 billion for pre-disaster mitigation to build resilience through natural infrastructure protections such as marshes that have been stripped under the pressures of sea level rise, erosion, and development.
  • $3 billion for a coastal resilience fund to shore up coastlines and habitat restoration, steering funding toward under-resourced communities.
  • Sets up a revolving loan fund authorizing the Federal Emergency Management Agency (FEMA) to provide low-interest loans to states and tribal governments for projects that reduce disaster risk. Eligible projects would help mitigate risk from disasters such as drought and prolonged heat, severe storms, wildfires, earthquakes, flooding and chemical spills.

Puts workers in our nation’s oil and gas fields back on the job cutting pollution:

  • $2 billion to states to hire experts in the field to properly close and remediate orphaned  oil and gas wells. These wells, which may number over 500,000 around the country, leak toxic air and water pollution, as well as emissions of methane, a potent greenhouse gas.

Cleans up leaking natural gas pipelines, while protecting low-income consumers

  • $1.25 billion for utility companies to offset the cost of replacing a portion of the nation’s 2.5 million miles of natural gas distribution lines in low-income communities.

Protects communities from exposure to lead in drinking water:

  • An amendment to the bill that’s been filed will by provide $22.5 billion over 5 years for full lead service line replacement–prioritizing low-income and environmental justice communities. Across the country, over 11,000 communities still have these lead pipes.

Voters across parties strongly support these investments to rebuild our nation’s economy. Now is the time to expand clean energy and protect the health and safety of American families by passing the Moving Forward Act.

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The case against the Trump administration’s rollback of the Clean Power Plan

The Environmental Protection Agency will file a legal brief today defending its decision to dismantle the Clean Power Plan and replace it with the harmful and cynically misnamed Affordable Clean Energy (ACE) rule.

But nothing EPA says can alter the fact that ACE is destructive, costly, and unlawful. EPA projects that ACE will reduce power sector emissions by a mere 0.7 percent by 2030, and will increase pollution at nearly one in five of the nation’s coal plants, two-thirds of which are located in minority and low-income communities.

In the face of a growing and ever-perilous climate crisis calling for meaningful action, we expect EPA will claim the Clean Air Act does not permit the agency to do more to reduce emissions from the nation’s largest industrial source of carbon pollution. This claim severely distorts the statutory requirements.

EDF filed suit last summer as part of a broad coalition of states, cities, other health and environmental advocates, power companies, and clean energy trade associations. In April, the coalition filed legal briefs showing that EPA has ample authority — and a clear obligation — under the Clean Air Act to require meaningful reduction of carbon pollution from power plants. These briefs collectively demonstrate that EPA’s repeal of the Clean Power Plan is based on a gross misreading of the Clean Air Act, and the agency’s replacement rule, premised on the same misreading, fails to live up to the statutory command that power plants use the “best system of emission reduction” to limit their carbon pollution.

Here are the key arguments we’ve made against the Clean Power Plan rollback and ACE.

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

CORSIA: 5 reasons why the ICAO Council shouldn’t move now to rewrite the rules of its aviation climate program

Airplane, jumbojet on runway preparing for takeoff at sunset at the airport. iStock

The International Civil Aviation Organization’s (ICAO) Council is meeting through June 26, and Council members have been asked to make a decision at this session that could undermine the agency’s flagship climate program.

ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) requires airlines to offset emissions above a baseline set at the average of 2019-2020 emissions. However, the International Air Transport Association has asked the ICAO Council to change the baseline to reflect only 2019 emissions, citing the unexpectedly low aviation emissions in 2020 due to COVID-19 and concomitant potentially greater offset requirements for the industry.

Airlines have taken a massive hit due to the pandemic. They argue that they need to escape CORSIA requirements to save money. But hastily rewriting the fundamental structure of the industry’s market-based program to address airline carbon emissions would be penny-wise and future-foolish. Even as airlines are publicly touting their commitment to “sustainability measures like carbon offsetting,” the rule rewrite they are seeking behind the closed doors of the Council would give them a free pass to pollute with no offsetting requirements for three to five years or more, according to analyses by Environmental Defense Fund and other experts.

EDF is calling on the ICAO Council not to move now to change the rules of CORSIA. Deciding, at this Council session, to change the baseline year for CORSIA to 2019-only:

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Also posted in Aviation, Carbon Markets, United Nations / Comments are closed

Hurricanes are getting stronger, more dangerous and forming earlier. Here’s how we can prepare.

(This post originally appeared on EDF’s Growing Returns. It was written by

Last week, Tropical Storm Arthur skirted North Carolina’s coast before veering into the Atlantic. While damage was minimal, this marked the sixth straight year that a named storm developed in the Atlantic before the official start of hurricane season on June 1.

Experts are predicting this year to be a very active hurricane season, and even more concerning, researchers from NOAA and the University of Wisconsin at Madison just released a study that found climate change is causing more intense and dangerous hurricanes. Their research indicates that the likelihood of a tropical cyclone becoming a Category 3 or stronger storm has increased 8% per decade as a result of climate change.

This news comes on the heels of several record-breaking hurricane seasons. It is a reminder of the urgent need to curb emissions to limit the worst impacts of climate change, while also working to build resilience to the changes we know are coming.

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Power company commitments to cut carbon pollution are an important step for our climate and health. Here’s what we need next.

Arizona’s largest utility, Arizona Public Service, has joined over a dozen other power companies across the U.S. that have committed to delivering 100% carbon-free electricity by 2050. These commitments, which add to momentum for ambitious climate action and would significantly reduce health-harming pollutants that contribute to soot and smog, are a key step in addressing one of our nation’s leading sources of climate pollution. They also highlight the types of action that will be required across all sectors of the U.S. economy to reach net-zero economy-wide carbon pollution by mid-century, a target guided by science and supported in recent bills introduced in the U.S. Senate and House of Representatives.

Not only do these commitments show strong federal policy is feasible, they underscore that the Trump administration’s efforts to dismantle limits on carbon pollution from existing power plants ignore the most effective strategies for reducing pollution from the power sector. In fact, nine of the nation’s leading power companies recently submitted a brief in court opposing the Trump administration’s rollback for this very reason.

At the same time, these commitments by themselves are not enough. Due to the cost-effective pollution reduction opportunities in the power sector and the urgent need to reduce climate pollution by electrifying other sectors, even more ambitious near-term targets from power companies will be needed to achieve net-zero emissions economy-wide by 2050. In addition, commitments alone from power companies must be followed up with concrete actions that will achieve real reductions in carbon pollution – and reduce other harmful pollutants associated with premature death and respiratory illnesses.

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Oregon Governor Kate Brown and House Speaker Tina Kotek show real leadership amid scorched Earth tactics in Salem

Co-authored by Pam Kiely and Erica Morehouse

Two disturbing national trends – scorched-earth politics and a failure to act boldly on the climate crisis – came together in Oregon last week. For the fifth time in less than a year, legislators opposed to the majority party’s agenda fled instead of fulfilling their core responsibility as elected officials: to represent their constituents by casting votes in the legislative process.

From North Carolina to Wisconsin to Washington DC, we’ve seen increasingly reckless behavior to block the will of the voters on a range of issues. In Oregon, with the anti-climate lawmakers gone, House Speaker Tina Kotek ended the legislative session, acknowledging that there was no time left to adequately consider more than one hundred pieces of legislation that were hanging in the balance. She rejected a radical proposal to allow a small minority of legislators to dictate what would be considered by the chamber.

Into that policy void, Oregon Governor Kate Brown committed to using the tools available to her to deliver the outcome demanded by the people of Oregon: meaningful action on climate that cuts pollution consistent with scientific recommendations. Brown appears poised to use this moment to drive investment and innovation in clean technology, boost the state’s economic competitiveness and improve public health outcomes

What happened?

Almost two weeks ago, 11 Senators and 21 Representatives walked out on their jobs, not only preventing climate action supported by a significant majority of Oregonians but also halting the basic functioning of government, including the passage of a budget to allow the state to operate. The walkout meant both houses of the Legislature were denied “quorum,” a Constitutional requirement that two-thirds of all members be present to hold a vote.

These members left a full two weeks before the Constitutional end of session, refusing to return to their taxpayer-funded jobs, halting the functioning of the legislature on myriad critical issues including measures to prepare the state for earthquakes and the coronavirus, and then at the 11th hour “offered” to come back for 12 hours to vote for bills of their choosing, effectively proposing a true tyranny of the minority. President of the Senate Courtney and Speaker Kotek took the only path available to them by closing the session.

Oregonians overwhelmingly support strong action to protect the health and economic future of their state from climate change. Even more interesting, the legislation has garnered broad support, from an impressively diverse array of stakeholders from utilities to labor, farmers and farmworkers alike.

Legislative leaders had secured all of the votes needed for passage in the House and the Senate. This is not the first time that an obstructionist minority has refused to do their jobs in order to block legislative action on the climate. Over the three years that they have been delaying, denying, and obstructing, Oregon could have made real progress slashing climate pollution and investing in clean energy solutions across the state, helping to lead the nation in solving the climate crisis and growing good jobs from Pendleton to Klamath Falls .

What’s next?

Governor Brown has two main options for the immediate action on climate Oregon needs.  Pursuing both, tirelessly, will be critical not just in order to secure critical cuts in carbon pollution, but also to restoring a functioning democratic order. First, she can call a special session of the Legislature to conclude all of the state’s unfinished business—and continue to work with House and Senate leaders to ensure that whenever the legislature does meet again, the agenda is not dictated by a small minority threatening to hijack the process. Since walkout members just ignored a subpoena to return to the House and answer questions, it is not clear this will be immediately effective—but it will be absolutely essential in the long run to not legitimize these obstructionist tactics.

Second, Governor Brown can also tap into the robust existing authority of the Department of Environmental Quality, tasking them to develop regulations that will deliver reductions in line with what the science tells us is necessary, and engage other state agencies to develop complementary policies that will enable Oregon to get on a path to achieving a 100% clean economy by mid-century.

Oregon, like almost every other state, has strong clean air laws already on the books that direct state environmental regulators to protect residents from harmful air pollution, which includes greenhouse gases. These existing authorities are powerful, and the DEQ has a well-stocked toolbox to develop a regulatory proposal that secures the reductions that would have been required by HB2020 (2019) and SB 1530 (2020) using time-tested regulatory tools.

Governor Brown last week explained her thinking on these two options with a clear commitment to take action, saying:

“I have always been clear that a legislative solution was my preferred path to tackle the impacts of climate change for the resources it would bring to our rural communities and the flexibility it would provide for our businesses. However, I will not back down. In the coming days, I will be taking executive action to lower our greenhouse gas emissions.

I am open to calling a special session if we can ensure it will benefit Oregonians. However, until legislative leaders bring me a plan for a functioning session I’m not going to waste taxpayer dollars on calling them back to the State Capitol.”

What will success look like in Oregon?

Governor Brown is a consistent and stalwart supporter of climate action in Oregon: she understands that what is needed in Oregon and across the country is to turn climate commitments into concrete action, locking in the policies that will guarantee the reductions we need. She and her administration can draw from years of extensive public engagement that carefully balanced the interests, and won the support of, business owners, labor groups, farmers, outdoorsmen and women, consumer advocates, Tribes, and community leaders.

In evaluating the executive action that Governor Brown has promised, EDF will be looking for three main indicators of a strong commitment to action:

  • Maintains or ideally strengthens the climate pollution reduction targets the legislature included in its proposals: at least a 45% reduction below 1990 levels by 2035 and at least an 80% reduction by 2050.
  • Directs agencies to deliver a regulatory package that is capable of ensuring these targets will be met.
  • Recognizes the urgency of action and adheres to the timeline the legislature was pursuing so that Oregon has an enforceable climate policy framework in place that can deliver reductions by 2022.

Governor Brown can ensure that those walkout legislators who abandoned their jobs don’t set a dangerous precedent for a functioning democracy, and don’t thwart the kind of policy momentum that our communities and our planet desperately need. If their underhanded tactics are successful, it will be our kids– and their kids – who will pay the price.

It is heartening to see two women, the Governor and the Speaker, provide such responsible, strong, and forward-looking leadership. In a moment when the country is observing the roadblocks faced by women in politics, Oregon is providing a vivid counter-example. With women like Governor Brown and Speaker Kotek in office, we know we have a fighting chance to make progress on the climate crisis.

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