Climate 411

Landmark Court Decision Promotes a Carbon-Smart Economy: Another Look at This Week’s Ruling on Climate Protections

By now, you’ve surely heard all about this week’s historic court decision upholding EPA’s efforts to reduce climate pollution.

I hope you also had a chance to read my colleague Steve Hamburg’s post about how the decision reaffirmed the value of science in public policy.

There is one aspect of the court’s ruling that we haven’t discussed much yet. That’s the Tailoring Rule, and its benefits for a carbon-smart economy.

The Tailoring Rule was one of the four measures that were challenged in court. (None of the four challenges prevailed. The United States Court of Appeals for the District of Columbia Circuit dismissed the lawsuits against the Tailoring Rule).

The Tailoring Rule ensures smooth implementation of carbon regulations for large new (and modified) power plants and industrial sources, while excluding small emitters from regulations.

The Environmental Protection Agency (EPA) is phasing-in requirements for use of the best available cost-effective pollution controls — starting with new, large industrial emitters like power plants — while shielding smaller emitters.

Many of the petitioners in the cases that were decided this week (National Association of Manufacturers, the Utility Air Regulatory Group, and others) sought to stop EPA from using that approach.

Specifically, they tried to prevent EPA from applying the Prevention of Significant Deterioration (PSD) program to greenhouse gases.

(Ironically, their efforts actually put at risk the very regulatory protections intended to ensure that small sources of pollution were not inappropriately covered by greenhouse gas regulations.)

 Since the 1970’s, the PSD program has required our biggest polluters to use the best technologies to ensure that air quality is maintained. And the PSD program has already brought a reduction of greenhouse gas pollution.

EPA has issued more than 30 permits to large sources of industrial pollution across the country since January 2, 2011. These permits cover a range of industries, from biomass refineries to cement manufacturing facilities to coal-fired electricity generating stations.

In the permits issued to date, industry and permitting authorities have focused on energy efficient design. As a result, these facilities are using cogeneration equipment, cleaner fuels, leak detection and maintenance programs, and distinct manufacturing processes that enable us to have new and expanded facilities with a lower carbon footprint.

These are precisely the actions we need to as we step forward towards a low carbon economy.

Fortunately for all of us, the court strongly reaffirmed the application of the PSD program to greenhouse gases. The court decision states that:

Congress made perfectly clear that the PSD program was meant to protect against precisely the types of harms caused by greenhouse gases.

The court decision continues:

 [I]t is crystal clear that PSD permittees must install BACT [best available control technology] for greenhouse gases.

This week’s decision means that our country’s largest sources of greenhouse gas pollution will use the best available means for limiting their carbon emissions. At the same time, it means we can protect small sources of pollution from regulation, and ensure that state and local permitting authorities face a manageable work load.

EPA’s now-approved rules allow us to take action to protect our country from the harms caused by climate-disrupting pollution.

It’s one more way that this week’s court decision is a win for all of us.

Also posted in Clean Air Act, Greenhouse Gas Emissions, Policy / Comments are closed

A Great Day for Clean Air: Court Upholds EPA Actions to Reduce Climate Pollution

Today is a great day for climate progress in America.

Today, the United States Court of Appeals for the District of Columbia Circuit issued a unanimous, strong and clear opinion affirming the Environmental Protection Agency’s (EPA) historic measures to reduce harmful climate pollution. 

The court’s opinion held that EPA’s climate protections are firmly rooted in science and the law, and grounded in more than 18,000 peer-reviewed scientific publications.  

The court didn’t mince words. The decision says:

EPA’s interpretation of the governing CAA provisions is unambiguously correct.

Even sharper was this part of the decision, in which the court noted that EPA properly relied on comprehensive scientific assessments by authorities such as the National Academies of Science and the Intergovernmental Panel on Climate Change: 

This is how science works. EPA is not required to re-prove the existence of the atom every time it approaches a scientific question.

(Read more on EDF’s website, in our press release and our highlights page, and in our Texas Clean Air Matters blog)

But even in the wake of a compelling court opinion, some continue to focus on the politics of delay, deny and obstruct.  

Responding to the court’s decision, a representative of the National Association of Manufacturers indicated today that it will continue to invest in lawyers and lobbyists to block clean air progress, telling AP:

[w]e will be considering all of our legal options when it comes to halting these devastating regulations.

Fortunately, there are many more who are investing in America’s future. Business leaders, numerous states, and policy makers are working together to reduce harmful carbon pollution. 

America’s automakers defended EPA’s common sense measures to make our cars more efficient, which will save families’ hard-earned money at the gas pump, help break our addiction to imported oil, and reduce climate pollution.

In filings in federal court, the Alliance of Automobile Manufacturers and the Association of Global Automakers have characterized these important standards as:

valid, mandated by law, and non-controversial.

Similarly, a dozen states – California, Delaware, Illinois, Iowa, Maine, Maryland, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington – have intervened in defense of EPA’s clean car standards. 

And small business voices spoke out today in support of EPA’s clean air measures, saying these measures:

are strongly supported by small business owners because they will boost their bottom lines and help secure our nation’s position in the emerging clean energy economy. 

The court’s decision today reaffirms that a strong, diverse set of voices stand ready to work together, building from the bedrock foundation of this historic decision to reduce climate pollution and build a stronger America.

Our EDF experts are poring through all 82 pages of the decision. Stay tuned for more in-depth analysis about what it means, and where we go next.

But for right now, we should all take a moment to celebrate this great news.

Also posted in Clean Air Act, Greenhouse Gas Emissions, Policy, Science, What Others are Saying / Comments are closed

An Inside Look at EPA’s Carbon Pollution Hearing — the Chicago Report

If you already read my colleague Mandy Warner’s blog, you know that I had the great honor of representing EDF in Chicago last Thursday at one of the Environmental Protection Agency’s (EPA) hearings for its first-ever proposed carbon pollution standards for new power plants.   

EDF's Rob Collier testifies at EPA's Chicago hearing on carbon pollution

It was a day that will always stand out as a milestone in my life.

And, now that I’ve had the Memorial Day weekend to reflect on everything that happened, I wanted to share some of the stories I heard and the fascinating details I noticed.

Here’s what the Chicago hearing looked and felt like:

It was a day of incredible support for EPA’s efforts to control carbon pollution in America. I watched dozens of people testify, and give EPA a symbolic “standing ovation” for taking such a historic step.

In fact, there was such support around the Midwest that EPA had to open a second concurrent hearing room to accommodate all of the speakers – just like at the D.C. hearing.

(That’s no surprise. States and cities across the Midwest are carrying out homegrown clean energy solutions that strengthen economic prosperity and job creation, improve our energy security, and provide a healthier environment. You can read more in this new paper [PDF]that examines some of the clean energy policies put in place in Illinois, Iowa, Minnesota and Wisconsin — and the associated private sector economic activity.)   

Back to Chicago, and the day of the hearing:

In the early morning, the room was slow to fill up — primarily because the huge line of people who wanted to get in had to wait through delays as everyone went through a metal detector.

By about 9:00 a.m., a steady stream of people was filtering into the room from towns around Illinois, Michigan, Iowa, Indiana and Wisconsin.

Those people were concerned citizens with a variety of backgrounds: nurses; doctors; ecologists; physicists; economists; union workers; veterans; parents; grandparents; business leaders and students.

And, almost without exception, all of these people spoke in favor of EPA’s common sense proposal to reduce the huge amount of carbon pollution emitted from fossil fuel power plants.

In fact, during the almost eight hours I spent listening to testimony, I only heard one person speak against EPA’s proposed standards. Clean air advocates carried the day by a wide margin.

Because I work for EDF, I testified about how carbon pollution and climate change are critical issues for the protection of human health and our environment. You can read my full testimony here [PDF]. 

But others’ testimony reminded me how much those issues affect every aspect of our lives.

People spoke about carbon pollution as a national security issue, an economic problem and a spiritual issue, as well as a public health and environmental threat.

I heard scores of personal and moving stories about how air pollution impacts people’s lives.

There were heart-wrenching moments when mothers and fathers talked about watching their children struggle to breathe because of asthma or other lung diseases.

One elderly woman held up a photograph of her grandson and talked about his difficulty breathing and need to carry a nebulizer on his hip at all times. The audience gave her a rousing ovation.

Asthma attacks can be triggered by ozone pollution, and the warmer temperatures caused by climate change mean we’ll have more ozone pollution.

That’s one reason why EPA’s proposed standards for carbon pollution are so important. They’ll cut the amount of climate-destabilizing carbon pollution emitted by new coal-fired power plants in half, compared to traditional plants.

The crowd at the Chicago hearing seemed to know that. What I took away from the hearing were the messages of hope, excitement, and opportunity.

The day was definitely a resounding victory for clean air.

Also posted in Clean Air Act, Greenhouse Gas Emissions, Health, Policy / Comments are closed

An Inside Look at EPA’s Carbon Pollution Hearings

It was an exciting day for clean energy at the downtown Washington, D.C. headquarters of the Environmental Protection Agency (EPA).

That’s where EPA held one of its two public hearings on the first ever proposed carbon pollution standards for new power plants. (The other hearing was in Chicago).

EPA’s registered speaker list was jam-packed. In fact, they had to run the hearings in two concurrent rooms to allow everyone a chance to speak.

Americans representing a wide variety of interests, and from all corners of the political spectrum, streamed into the rooms throughout the day to share their views on the proposed standards. It makes sense, because this is a vitally important issue for our public health and our environment.

Fossil fueled power plants are the single largest source of carbon pollution in America. They’re responsible for a staggering 40 percent of U.S. heat-trapping carbon dioxide emissions.

EPA’s proposed standards will effectively halve the lifetime carbon emissions from new coal-fired power plants relative to traditional coal plants, and they’ll provide a pathway for development of clean and low-carbon energy.

I had the privilege of testifying for EDF today. You can read my full statement here. (My colleague Rob Collier testified for EDF in Chicago, and will post about his experience soon).

I spent the morning with an incredible variety of speakers: faith leaders; doctors, nurses and other health experts; moms; veterans; entrepreneurs; conservation, clean air, and environmental advocates; and supporters of energy efficiency from labor and industry.

They all provided testimony to EPA supporting this huge step forward toward reducing the climate destabilizing pollution spewed from our power sector.

Some people spoke about how the higher temperatures caused by carbon pollution will enhance the formation  of ozone pollution — commonly known as smog — which exacerbates respiratory and other health problems. Other people talked about how their health has been affected by smog and its role in triggering asthma attacks.

The diversity of individuals participating was a testament to the far-reaching impacts of a changing climate.

There were a handful of detractors, of course, who tried to challenge the overwhelming science and prudent policymaking underpinning EPA’s action to address carbon pollution. But they were clearly outnumbered.

Today was a decisive victory for our side – for advocates supporting action against carbon pollution. 

Another sign of victory today – Gene Karpinski of the League of Conservation Voters told reporters that almost 1.4 million Americans have submitted comments to EPA supporting the new carbon pollution standards.

You can still be part of that victory. EPA is accepting comments on the proposed standards until June 25, and you can submit a comment through EDF’s website and help show the wide-support for efforts to reduce dangerous climate pollution. You can learn a lot more about the proposed standards on our website as well.

Testifying today was an incredible experience. I’m looking forward to Rob’s report from Chicago. I hope their hearing was as big a success as the one here in Washington, D.C.

Also posted in Clean Air Act, Greenhouse Gas Emissions, Health, Policy / Read 1 Response

Court Hears Oral Argument on Cross-State Air Pollution Rule

Today, the U.S. Court of Appeals in Washington D.C. heard oral arguments on legal challenges to EPA’s Cross-State Air Pollution Rule

As I wrote yesterday, the Cross-State Air Pollution Rule reduces emissions of sulfur dioxide and nitrogen oxides from power plants in 28 eastern states.

EPA issued the rule to implement the “Good Neighbor” provision of the Clean Air Act, which prohibits emissions from power plants in one state that contribute significantly to harmful pollution levels in other states.

The courtroom was packed this morning, as attorneys challenging and defending the rule were questioned by Judges Rogers, Griffith, and Kavanaugh.

The questioning lasted more than two hours. 

Opponents of the rule were represented by two lawyers – one for states and one for power companies.

EPA was represented by three attorneys from the Department of Justice.

In addition, three lawyers spoke for intervenors supporting EPA: one for governments (nine states and several cities); one for power companies supporting the rule; and one for public health and environmental organizations — including EDF.

The court first explored one of the claims by the opponents: that EPA lacked the statutory authority to issue federal plans requiring emission reductions without first giving the states more time to submit their own proposed plans.

The opponents claimed that states couldn’t submit their own plans until EPA told them the exact amount of necessary emission reductions.

Judge Rogers pointed out that a similar prior rule was issued in the form of federal plans – and added that the statute doesn’t say that states have to wait for EPA to act before submitting state plans. 

Judge Griffith told the opponents’ attorney:

You don’t have a strong plain text argument.

However, when the same issue came up later in the proceeding, Judge Kavanaugh questioned EPA’s counsel about whether it was practical for states to submit plans before EPA quantified the emission reduction requirements.

Another of the opponents’ major claims was that EPA acted “impermissibly” by:

  • Using an air quality impact trigger to determine which states should be covered by the rule
  • Then using a cost-effectiveness measure to define the required emission reductions
  • Then not going back to repeat the air quality impact analysis to see if the emission reductions would take the states below the trigger point for being covered under the rule

 Judge Rogers noted that the court had accepted a similar two-part methodology in previous cases. 

 And both Judge Rogers and Judge Griffith questioned whether the opponents had waived this claim by failing to raise it specifically during EPA’s rulemaking.

The opponents also argued that EPA had failed to sufficiently validate its air quality modeling — raising concerns about whether the required emission reductions based on that modeling were arbitrary. 

EPA’s counsel responded by describing how the air quality model was extensively validated for 2005 — the most recent period with data that could be used for the purpose.

EPA’s counsel argued that it was entirely reasonable for EPA to use the validated model to make projections for later years.

The opponents’ counsel argued that point vigorously — comparing EPA’s modeling to a car that is nice and shiny, but won’t start. 

EPA’s counsel won a big laugh in the courtroom with his response. He said that, after having shown that the car could drive to the 7-11, EPA was justified in believing that the car could drive a little further down the street to the Starbucks.

The judges were extremely attentive to what both sides had to say throughout the argument. They also asked each of the three lawyers representing EPA to briefly return to the podium a second time to address final points — after all the other attorneys had spoken for the last time.

It was an intense and fascinating morning for those of us in attendance.

Now, we all just wait for the court’s decisions … most likely this summer.

In the meantime, read more about the Cross-State Air Pollution Rule, including its effects on your state. You can also read all the briefs filed in the case on our website.

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

Cross-State Goes to Court: Oral Arguments Start Tomorrow in Lawsuits about Clean Air Rule

Another big day in court looms for EPA’s clean air protections.

This time it’s the Cross-State Air Pollution Rule that’s under fire.

Tomorrow, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral arguments in lawsuits over the rule – a rule that provides vitally important clean air protections for families across the eastern half of the United States.  

The Cross-State Air Pollution Rule reduces the sulfur dioxide and oxides of nitrogen pollution emitted from coal-fired power plants across 28 eastern states. That pollution drifts across the borders of those states, contributing to dangerous — and sometimes lethal — levels of particulate and smog pollution in downwind states.    

EPA issued the rule under the “Good Neighbor” protections of the Clean Air Act, which ensure that the emissions from one state’s power plants do not cause harmful pollution levels in neighboring states.

The Cross-State Air Pollution Rule would reduce power plant sulfur dioxide emissions by 73 percent and oxides of nitrogen by 54 percent from 2005 levels. These emissions and the resulting particulate pollution and ozone (more commonly known as soot and smog) impair air quality and harm public health — both near the plants and hundreds of miles downwind. 

The Cross-State Air Pollution Rule will provide healthier air for 240 million Americans in downwind states. EPA estimates that the Cross-State Air Pollution Rule, when fully implemented, will:

  • Save up to 34,000 lives each year
  • Prevent 15,000 heart attacks each year
  • Prevent 400,000 asthma attacks each year
  • Provide $120 billion to $280 billion in health benefits for the nation each year   

(Check the health protections for your state here)

Here’s the history of the case:

The Cross-State Air Pollution Rule was adopted on July 6, 2011, and compliance with the rule was scheduled to begin January 1, 2012. But opponents sued.

On December 30th, the court granted motions by several power companies and states to temporarily halt implementation of the rule. (The same court similarly halted EPA’s first interstate air pollution protection program — and then later affirmed EPA’s action after a complete review of the facts and law.) 

So — we go to court tomorrow.

Judges Rogers, Griffith, and Kavanaugh will hear oral arguments in the case beginning at 9:30 a.m. Eastern time.

EDF will be in court to support the Cross-State Air Pollution Rule. And we certainly won’t be alone.

Nine states (Connecticut, Delaware, Illinois, Massachusetts, Maryland, New York, North Carolina, Rhode Island, Vermont), the District of Columbia, five major cities (Baltimore, Bridgeport, Chicago, New York and Philadelphia), the American Lung Association, the Clean Air Council, NRDC, Sierra Club, and several major power companies (Calpine, Exelon and Public Service Enterprise Group) have all intervened in support of these crucial clean air protections.  

On the other side are: other power companies (AEP, Southern, GenOn, Luminant) and states such as Texas.

You can read all the briefs that have been filed in the case on our website.

And soon you can read more about it right here. I’ll be in the courtroom to listen to oral arguments, and I’ll post the highlights for you.

Also posted in Clean Air Act, Health / Read 1 Response