Climate 411

These Facts Underscore Why the Clean Power Plan is the Right Path Forward for America

By / Bio / Published: March 10, 2017
18 states, the District of Columbia, 60 municipalities and 11 utilities have filed in support of the Clean Power Plan

18 states, the District of Columbia, 60 municipalities and 11 utilities have filed in support of the Clean Power Plan

According to news reports, we may soon see an executive order designed to make the U.S. Environmental Protection Agency (EPA) revoke the Clean Power Plan, America’s first-ever nationwide limits on carbon pollution from power plants.

Revoking the Clean Power Plan would be monumentally bad public policy, placing our families and communities at greater risk from the dangers of climate change and threatening America’s vibrant clean energy potential.

But to fully understand all the reasons revoking the Clean Power Plan is the wrong choice, it’s important to dig into the facts – which demonstrate that the Clean Power Plan is broadly supported, bolsters economic vitality, and fosters America’s tremendous momentum in reducing carbon pollution from the power sector.

It’s especially important to dig into the facts now, because we can’t have confidence in what we’ll hear from EPA Administrator Scott Pruitt whenever this announcement is made.

  • Yesterday, in an interview with CNBC, Pruitt denied that carbon dioxide is a primary contributor to global warming — contradicting NASA, VOAA, and well-settled science. Pruitt is known for mischaracterizing the science of climate change, doubling down in his written Senate testimony on some of the most widely debunked and discredited arguments put forward by climate skeptics.
  • Pruitt has also repeatedly mischaracterized EPA’s rock-solid legal authority to address climate pollution – even though it’s supported by three straight Supreme Court opinions affirming that duty.
  • Last week, it emerged that he misled the Senate during his confirmation process by falsely stating that he did not use his personal email account for official business.

Pruitt also has a long history of interwoven ties with big fossil fuel interests that stand to gain from undercutting common sense protections like the Clean Power Plan. He’s even been identified as leading an “unprecedented, secretive alliance” with them to oppose important safeguards.

So let’s dig in to the real facts on the Clean Power Plan, and better understand what’s at stake:

The Clean Power Plan Has Broad, Diverse Support Across the Country

The Clean Power Plan would reduce climate-destabilizing pollution from power plants – our nation’s largest source of this pollution – to 32 percent below 2005 levels by 2030.

It would save lives and protect public health as well, avoiding an estimated 3,600 premature deaths, 90,000 childhood asthma attacks, and 300,000 missed school and work days each year by 2030.

Its approach reflects the power sector’s already ongoing, market-driven transition to low cost, low carbon electricity, and is firmly anchored in law.

So it’s not surprising that it enjoys widespread support. In court, the Clean Power Plan is supported by a broad and diverse coalition that includes eighteen states and sixty municipalities across the country; power companies that own and operate nearly ten percent of the nation’s generating capacity; leading businesses like Apple, Google, Mars, and IKEA; public health and environmental organizations; consumer and ratepayer advocates; faith organizations; and many others.

Since November 2016, nearly 900 businesses and major investors have called on the new Administration to continue policies that address climate pollution —underscoring that “failure to build a low-carbon economy puts American prosperity at risk.” Signatories include DuPont, Gap Inc., General Mills, Hewlett Packard, Hilton, IKEA, Johnson & Johnson, The Kellogg Company, Levi Strauss & Co., L’Oreal USA, NIKE, Mars Incorporated, Pacific Gas and Electric, Schneider Electric, Sealed Air, Starbucks, Unilever, and many others. These signatories collectively earn almost $1.15 trillion in annual revenue, are headquartered across 44 states, and employ about 1.8 million people.

Large majorities of Americans, in red and blue states alike, support the Clean Power Plan and other actions to protect our families and communities from climate pollution. In a recent nationwide poll, 70 percent of Americans expressed support for the Clean Power Plan – including two-thirds of respondents in states that are challenging these vital protections.

Low-Carbon Energy Helps Fuel a Vibrant Economy

Reducing carbon pollution will create jobs and economic benefits across the country.

For everyday consumers, the Clean Power Plan incentivizes energy efficiency investments that save money. EPA estimates that by 2030, the average American family will save approximately $85 every year on their electric bill.

It also bolsters use of low-carbon power sources — which are already driving growth and vitality across the country. More than two million Americans now work in energy efficiency jobs, while solar and wind employ almost half a million people. Collectively, this represents more than twice the number of Americans employed through fossil fuel generation.

Clean energy investments frequently create jobs in low-income and rural communities that stand to benefit most. The American Wind Energy Association estimates that 70 percent of wind farms are located in low-income counties, and that wind developers currently pay $222 million a year in lease payments to U.S. farmers, ranchers and other rural landowners. The bi-partisan Governors’ Wind and Solar Coalition, led by Rhode Island Governor Gina Raimondo and Kansas Governor Sam Brownback, recently sent a remarkable letter to President Trump highlighting the impressive contributions of wind and solar to the American economy —particularly to low-income rural communities.

The Clean Power Plan Builds on — and Secures the Promise of — America’s Transition to Low-Carbon Energy

The Clean Power Plan’s targets are eminently achievable thanks to the powerful expansion of low-cost clean energy, which is increasingly out-competing other sources of electricity in the market. Rolling back the Clean Power Plan puts at risk America’s tremendous momentum and progress in reducing carbon pollution from the power sector.

Carbon pollution from the power sector has decreased by more than 20 percent since 2005, meaning that we’re already about two-thirds of the way toward meeting the Clean Power Plan requirements for 2030. In fact, most states that are litigating against the Clean Power Plan are on track to meet its requirements. Having the Clean Power Plan in place provides a policy framework and establishes an important, stable signal for investors—one that’s essential to make sure we build on the progress so far, and make strategic, sensible decisions for the long-term.

Clean energy is increasingly out-competing other sources of electricity — in particular, the market is seeing a surge in renewable energy development. One report estimated that 85 gigawatts of new wind and solar generation capacity will be added to the grid between 2016 and 2021. Thanks to dramatically declining costs, a recent extension of federal tax credits, and sustained technological advances, low carbon electricity is the increasingly preferred energy source. For example, from 2007 through 2015 alone, the price of solar photovoltaic modules fell by more than 80 percent. Meanwhile, coal-powered electricity is increasingly uneconomic compared to other forms of electricity, even without considering its substantial carbon pollution burden.

Consider these statements from power sector officials affirming their commitment to greater reliance on low-carbon power sources – made after the Nov. 2016 election:

  • “It can’t just be, ‘We’re going to get rid of these regulations, and you guys can party until the next administration comes,’” Cloud Peak Energy Vice President Richard Reavey said. “There are serious global concerns about climate emissions. We have to recognize that’s a political reality and work within that framework.”
  • “We’ve always had a point of view at Southern that there’s a reasonable trajectory in which to move the portfolio of the United States to a lower carbon future,” said Southern Company CEO Tom Fanning. “There’s a way to transition the fleet now.” In a later interview, Fanning added: “It’s clear that the courts have given the EPA the right to deal with carbon in a certain way.”
  • “Regardless of the outcome of the election,” said Frank Prager, Xcel Energy’s Vice President of Policy and Federal Affairs, “Xcel Energy will continue pursuing energy and environmental strategies that appeal to policymakers across the political spectrum because we are focused on renewable and other infrastructure projects that will reduce carbon dioxide emissions without increasing prices or sacrificing reliability.”

And consider these actions by power companies to expand their renewable investments while phasing out high-carbon generation, putting them in a solid position to comply with robust carbon pollution regulations:

  • Florida Power & Light (FPL) just announced it will install eight new solar power plants this year, building on its existing plants to expand reliance on low-carbon power sources. At the end of December 2016,  FPL announced plans to shut down the recently-acquired 250-megawatt Cedar Bay coal plant at the end of the year. “I’m very proud of our employees for proposing this innovative approach that’s environmentally beneficial and saves customers millions of dollars,” said CEO Eric Silagy. FPL plans to replace the retired power with natural gas and solar — the company added 224 megawatts of solar capacity in 2016.
  • On December 30, 2016, Southern Company announced an agreement with Renewable Energy Systems America to develop 3,000 megawatts of renewable energy scheduled to come online between 2018 and 2020. The agreement comes as Southern Company continued to boost its renewable portfolio with the acquisition of 300 megawatts of wind power in late December, bringing its total to more than 4,000 megawatts of renewable generation added or announced since 2012.
  • PNM Resources spokesman Pahl Shipley said the company has no change in plans for replacing generation from retiring two units at a New Mexico plant, totaling 837 megawatts of capacity, with solar and nuclear power.

These developments make clear that continued progress towards a low-carbon future is within reach. The Clean Power Plan provides a sensible framework to help ensure we protect our communities and achieve the tremendous potential of America’s low-cost, low-carbon electricity resources.

The Clean Power Plan Provides a Path Forward that Will Protect and Strengthen American Communities

Let’s hope Scott Pruitt listens to the facts – and turns away from wrong-headed plans to stymie common sense climate protection. Moving forward on the Clean Power Plan will ensure the continuation of tremendous momentum towards a low-carbon future, save lives and improve public health, and help protect American families and communities from the worst ravages of climate change.

The Clean Power Plan is the right path forward for a stronger and safer America.

 

 

 

 

Also posted in Clean Power Plan, EPA litgation, News, Policy, Setting the Facts Straight / Comments are closed

Misguided Regulatory Accountability Act Will Increase Red Tape, Obstruct Vital Safeguards for Millions of Americans

By / Bio / Published: March 6, 2017

New legislative proposals on the Hill put long-standing public health, safety and environmental protections at risk.

These so-called “regulatory reform” efforts sound innocuous, but they would dramatically increase red tape and industry lobbyist influence – eviscerating bedrock statutory protections for American communities.

Take just one example – the Senate version of the Regulatory Accountability Act from 2015, which is widely seen as a potential foundation for legislation in this new Congress.

With this legislation, the development of any new protections – new clean air protections, new food safety requirements, new care standards for veterans, new child safety regulations – would be subject to a range of needless additional hurdles. And if the protections couldn’t get through the hurdles in time, then the whole process would have to start again, from scratch. Important safeguards would face time-consuming, costly new burdens – burdens that would fall on the public, on businesses, and anyone trying to participate in the decision-making process.

These additional, costly hurdles will give powerful interests that can afford expensive lawyers a leg up in the rulemaking process – allowing them to delay and obstruct protections they don’t like, as well as boosting their chances of fighting in court – while tilting the playing field against everyone else.

Here’s a head-spinning diagram showing what the process for drafting a new safeguard would look like if this proposed legislation became law:

Here are just some of the burdensome new requirements included in the 2015 version of this legislation:

Paralysis by Analysis to Derail Vital Safeguards

The Regulatory Accountability Act would impose needless analytic requirements on proposed new protections that would add a heavy burden without any benefit. Agencies already exhaustively assess the costs and benefits of new protections, but this legislation would require agencies to analyze and compare a potentially limitless number of proposed alternatives to the plan they think is best, using a variety of new, additional analyses.

A new crib safety regulation, for example, put forth in response to evidence of a real threat to babies, might have to wait years while an agency completed a host of vague, undefined analyses for each alternative proposed by industry — as detailed in the diagram above. A court would then have broad authority to scrutinize the analyses’ adequacy, giving industry attorneys another chance to challenge and block important safeguards.

Thumb on the Scale Against Protecting Americans from Serious Harm

Not surprisingly, within the very long list of additional requirements in the Regulatory Accountability Act, there’s barely a hint of considering any of the benefits of health and safety protections – healthier and safer lives, stronger communities, new jobs in clean energy and health and safety fields, among many others.

Least Common Denominator

Under the Regulatory Accountability Act, at the initiation of rulemaking an agency would have to solicit alternatives for accomplishing the objectives of the agency “with the lowest cost.” For many rules, the agency would generally be required to adopt the least-costly option considered – regardless of the benefits of the different options.

Under this reasoning, a drinking water protection that imposes no costs would beat out one that imposes $1 in costs, even if the latter yielded substantially better protection and major health benefits.

While the Regulatory Accountability Act would permit an agency to adopt a rule that is “more costly than the least costly alternative,” it would only be authorized where the agency has completed additional burdensome analysis and explanation that would be subject to challenge in court – creating obvious pressure to default to the least protective approach.

More generally, this rigid requirement would override existing laws and leave safeguards more vulnerable to challenge in court from those opposed to protection.

Science on Trial

The Regulatory Accountability Act would allow anyone to request a formal hearing on the record with cross-examination of the parties over disputed facts. This addition would amount to a trial-like procedure at the proposal stage, and could be invoked in a wide range of circumstances. Echoing a theme of this legislation, the burden of proof would be against protection. There’s no clarity about what counts as a disputed fact – meaning that this burdensome, needless exercise could be invoked to rehash long-settled issues about health and environmental risks.

Consider a new air pollution protection – EPA might now be subject to an entire hearing procedure to re-prove that smog causes asthma attacks and other lung diseases. This requirement would add major delays and costs to implementation of any protection, and would put industry and other moneyed interests at a considerable advantage over organizations and individuals who are less able to retain expensive lawyers and expert witnesses.

Less Science, More Cost

The Regulatory Accountability Act includes new requirements for the publication of any and all data that an agency requests, receives, or relies on during a rulemaking process. Transparency is important – and it is a foundation of current rulemaking processes. But these requirements have significant similarities with the misguided Secret Science bill that has been considered in past Congressional terms in that it is incompatible both with ethical and legal requirements to keep personal health records confidential and is designed to obstruct consideration of major rigorous peer reviewed studies that properly rely on but do not disclose private individual health data.

Safeguard Guillotine

Under the proposed legislation, if an agency cannot meet newly imposed deadlines for finalizing a rule, it gets one extension. If the agency misses the second deadline, the proposal is null and void, and the agency must start over from scratch. No exceptions — not for veterans, not for airplane safety, not for children’s health, not for common sense, none. The agency must re-propose and start over from square one.

These arbitrary deadlines would be challenging to meet even under current procedures. With all the requirements imposed by this bill, anyone opposed to a new safeguard would have innumerable opportunities to drag out the process and force an agency to miss this arbitrary deadline – derailing vital safeguards and sending expert agencies back to the drawing board.

The Result: More Red Tape, Less Protection for Our Communities and Families

Why are supporters of this legislation arguing for more red tape?

The Regulatory Accountability Act is not designed to streamline and improve the regulatory process. It’s designed to bog down development of any new safeguard — any new protection. This bill offers countless new hurdles that can block new safeguards, or create new grounds for litigation and lawsuits. For big polluters, that would be great news.

For everyone else, this legislation would mean more delay, more burden, and more uncertainty in establishing basic protections. Many of these requirements substantially increase barriers for ordinary citizens and small businesses to participate and inform the decision-making process. The result, in practice, would be that big-money interests would have a big edge in influencing final decisions, at the expense of small businesses and everyday citizens.

 

Also posted in News, Policy, Setting the Facts Straight / Comments are closed

EPA SmartWay and Clean Truck Standards Save U.S. Businesses Millions

By / Bio / Published: March 2, 2017

(This post originally appeared on EDF+Business)

American businesses benefit tremendously from the robust voluntary and regulatory programs of the U.S. Environmental Protection Agency. These programs are now under threat of massive budget cuts and regulatory rollbacks.  In the coming weeks and months, the experts at EDF+Business will examine what a weakened EPA means for business.

 

It’s safe to say that the EPA isn’t having the best week. Whether it was new administrator Scott Pruitt vowing to slash climate and water protections at CPAC or this week’s reveal that President Trump wants to slash a reported 24 percent of its budget, the EPA has taken a beating recently. However, what may not be as obvious is that slashing EPA’s budget and reducing funding to key programs actually hurts businesses that have greatly benefitted from EPA programs.

A key example of how the EPA bolsters business is freight. In the freight world, the EPA has done a lot for companies’ bottom lines while protecting human health and that of the planet. Companies seeking to reduce freight costs and achieve sustainability goals across supply chains receive immense value from the EPA.  Two key programs that provide this value are the U.S. EPA SmartWay program and the Heavy-Duty Truck Greenhouse Gas Program.

A compelling value proposition for business

SmartWay was created in 2004 as a key part of the Bush Administration’s approach to addressing clean energy and climate change. The program has grown from fifteen companies at its start to nearly 4,000 companies today. The program attracts strong private sector participation because it offers a clear and compelling value proposition: freight shippers gain access to information that enables them to differentiate between freight carriers on emissions performance.

This saves shippers money and cuts carbon emissions. Freight carriers participate in the program to gain access to large shippers, such as Apple, Colgate-Palmolive and Target.

The EPA SmartWay program is not only a popular program that is delivering billions of dollars of annual savings to the U.S. economy, it is also a core strategy for companies to reduce their freight emissions. The agency has calculated that since 2004, SmartWay partners have saved:

  • 8 million metric tons of carbon emissions
  • Over 7 billion gallons of fuel
  • $24.9 billion in fuel costs

To put it in perspective, the reduction of 72.8 million tons of emissions is roughly the equivalent to taking 15 million cars off the road annually. The $25 billion in aggregate savings from this one program is more than three times the annual budget of the entire EPA.

Given the strong value proposition of the program, it is no surprise that many companies with existing science-based targets on climate emission reductions participate in EPA SmartWay, including: Coca-Cola Enterprises, Dell, Diageo, General Mills, Hewlett Packard Enterprise, Ingersoll-Rand, Kellogg Company, Nestlé, PepsiCo, Procter & Gamble Company and Walmart.

Clean fuel driving a healthy U.S. economy

Another key program that is saving companies billions is the Heavy-Duty Truck Greenhouse Gas Program. This program supports long-term cost savings and emission reductions through clear, protective emission standards with significant lead time.

The first generation of this program, running from 2014 to 2017, was finalized in August 2011 and will cut oil consumption by more than 20 billion gallons, save a truck’s owner up to $73,000, deliver more than $50 billion in net benefits for the U.S. economy, and cut carbon dioxide pollution by 270 million metric tons.

The program was created with the broad support of the trucking industry and many other key stakeholders. Among the diverse groups that supported the standards were the American Trucking Association, Engine Manufacturers Association, Truck Manufacturers Association, and the United Auto Workers. The industry has embraced the new and improved trucks too.

The success of the first generation effort spurred the agency to launch a second phase that was finalized in August 2016. This effort stands to be a major success as well. The program is estimated to save:

  • 1.1 billion metric tons of carbon pollution
  • 550,000 tons of nitrous oxides and 32,000 tons of particulate matter (aka: harmful air pollutants)
  • 2 billion barrels of oil
  • $170 billion in fuel costs

This latest phase is also big hit with leading companies. More than 300 companies called for strong final standards during the rulemaking process, including PepsiCo and Walmart (two of the largest trucking fleets in the U.S.), mid-size trucking companies RFX Global and Dillon Transport, and large customers of trucking services General Mills, Campbell’s Soup, and IKEA. Innovative manufacturers, equipment manufacturers, and freight shippers have also called for strong standards.

The corporate support for these standards was so impressive that the New York Times issued an editorial illustrating a rare agreement on climate rules.

Every company that sells goods in the market benefits immensely from these two programs and many others from the U.S. EPA. Programs like EPA SmartWay and the Heavy Truck Greenhouse Gas Standards are saving companies and consumers billions of dollars annually, and are integral to corporate efforts to cut carbon emissions.

Looking ahead

In his remarks to EPA employees on his first day on the job, Pruitt acknowledged that “we as an agency and we as a nation can be both pro-energy and jobs and pro-environment…we don’t have to choose”. My hope is that this is a signal of open mindedness to a path forward would allow further improvements to the environment and the economy rather than roll-backs on vital programs and protections.

Perpetuating the belief that the EPA and business are at odds will not only hurt the environment, but would endanger American prosperity.

Also posted in Cars and Pollution, Greenhouse Gas Emissions, Policy, Setting the Facts Straight / Comments are closed

EPA by the Numbers — Longer, Healthier Lives Across America

By / Bio / Published: March 2, 2017

The Environmental Protection Agency has restored healthier air and cleaner water for millions of Americans, bringing our country back from the brink of far-reaching – and dangerous – industrial pollution. All Americans in red, purple and blue states alike have benefited profoundly from the balanced safeguards EPA has put in place.

Gutting EPA, as proposed by some, imperils American lives, puts our children and communities at serious health risk, and will have lasting public health and environmental consequences for future generations.

Here is a snapshot of EPA by the numbers:

 

1970

EPA established with bi-partisan support by Republican President Richard Nixon

67

Percent of Americans across the country who think EPA should stay the same or be strengthened

230,000

Lives saved each year by EPA’s implementation of the Clean Air Act in 2020

2.4 million

Asthma attacks prevented each year by EPA’s implementation of the Clean Air Act in 2020

22.4 million

Avoided lost school or work days each year due to EPA’s implementation of the Clean Air Act in 2020

30:1

Ratio of benefits to costs– the Clean Air Act provides $30 in health benefits for every $1 invested in compliance

1,308

Number of enforcement actions concluded in fiscal year 2016 under the Clean Water Act and Safe Drinking Water Act

62 billion

Pounds of hazardous waste EPA enforcement actions required companies to commit to treat, minimize, or properly dispose of in fiscal year 2016

190 million

Cubic yards of contaminated soil and groundwater cleanup commitments secured in fiscal year 2016 alone (enough to fill the Empire State Building over 138 times)

13,500

Number of compliance inspections and evaluations EPA conducted in fiscal year 2016

15,376

EPA staff in 2016 – already down from 18,110 staff in 1999

11,532

EPA staff under the Trump Administration’s proposed draconian budget cuts (assumes a 25 percent cut in EPA staff). This would put staff near 1984 levels

40,000

Pounds of toxic mercury cut from coal plants by the Mercury and Air Toxics Rule

1

EPA Administrator who laughed about dismantling the EPA – 1 in over 40 years

 

EPA has saved and improved millions of Americans’ lives while our nation has also had tremendous economic growth and prosperity, as the graphic below demonstrates. Gross Domestic Product, population, vehicle miles traveled, and energy consumption have risen dramatically while the U.S. has reduced lethal particulates, lead, sulfur dioxide, smog, and other contaminants.

Unfortunately, many Americans still struggle with dirty air and unclean water supplies. And we are all at risk from the threat of climate change. The progress that EPA has made in protecting Americans needs to be continued and strengthened, not cut back. We need EPA operating on all cylinders – fully staffed — to protect human health and the environment for all Americans.

 

Also posted in News, Setting the Facts Straight / Comments are closed

EPA Has the Responsibility and the Tools to Address Climate Pollution Under the Clean Air Act

By / Bio / Published: February 24, 2017

(EDF Attorney Ben Levitan co-authored this post)

It’s barely a week since Scott Pruitt was confirmed as EPA Administrator, and he has already provided yet another indication of why he has no business leading the agency.

In an interview with The Wall Street Journal, Pruitt says he wants to undertake a “careful review” as to whether EPA has the “tools” to address climate change under the Clean Air Act. Pruitt further states that EPA should withdraw the Clean Power Plan – a vital climate and public health measure to reduce carbon pollution from the nation’s power plants – and instead wait for Congress to act on the issue of climate change.

Those statements are contrary to the law and disconnected from reality. As Pruitt surely knows, the federal courts – including three separate decisions of the Supreme Court – have made it abundantly clear that the Clean Air Act requires EPA to protect the public from dangerous pollutants that are disrupting our climate. The courts have repeatedly rejected Pruitt’s theory that climate pollution is an issue that only Congress can address through new legislation.

Over the last eight years, EPA has demonstrated that the Clean Air Act is an effective tool for addressing the threat of climate change — by putting in place common sense, highly cost-effective measures to reduce climate pollution from cars and trucks, power plants, oil and gas facilities, and other sources. These actions under the Clean Air Act are saving lives, strengthening the American economy, and yielding healthier air and a safer climate for our children.

Pruitt’s casual willingness to abandon that progress based on a discredited legal theory demonstrates deep contempt for the laws he is charged with administering and the mission of the agency he now leads.

EPA Is Legally Obligated to Address Climate Pollution

The Supreme Court has repeatedly held that EPA clearly has the authority and responsibility to address climate pollution under the Clean Air Act:

  • In Massachusetts v. EPA (549 U.S. 497, 2007), the Supreme Court held that climate pollutants plainly fall within the broad definition of “air pollutants” covered by the Clean Air Act. The Court ordered EPA to make a science-based determination as to whether those pollutants endanger public health and welfare (a determination that EPA ultimately made in 2009, and that has been upheld by the federal courts).
  • In American Electric Power v. Connecticut (564 U.S. 410, 2011), the Supreme Court held that the Clean Air Act “speaks directly” to the problem of climate pollution from power plants.
  • In Utility Air Regulatory Group v. EPA (134 S. Ct. 2427, 2014), the Supreme Court held that the Clean Air Act obligated EPA to address climate pollution from new and modified industrial facilities.

In Massachusetts v. EPA, the Bush Administration’s EPA made — and the Supreme Court rejected —Pruitt’s same argument that EPA lacks the authority and tools to address climate pollution.

The Supreme Court said in no uncertain terms that:

The statutory text forecloses EPA’s reading … Because greenhouse gases fit well within the Clean Air Act’s capacious definition of ‘air pollutant,’ we hold that EPA has the statutory authority to regulate the emission of such gases from new motor vehicles. (emphasis added)

The Supreme Court went on to explain that – contrary to what Pruitt is now saying – Congress intended to provide EPA with the tools it needed to address new air pollution challenges, including climate change:

While the Congresses that drafted [the Clean Air Act] might not have appreciated the possibility that burning fossil fuels could lead to global warming, they did understand that without regulatory flexibility, changing circumstances and scientific developments would soon render the Clean Air Act obsolete. The broad language [of the Act] reflects an intentional effort to confer the flexibility necessary to forestall such obsolescence. (emphasis added)

The Court also found that nothing about climate pollution distinguishes it from other forms of air pollution long regulated under the Clean Air Act. It rejected the Bush Administration’s attempt to argue that climate pollution is somehow “different,” saying that theory was a “plainly unreasonable” reading of the Clean Air Act and “finds no support in the text of the statute.”

That was the law under the Bush Administration – and it remains the law today. It is a binding, rock-solid precedent regardless of who is running EPA at any given time.

Pruitt ought to know all this, because he was one of the Attorneys General who joined polluters and their allies in challenging EPA’s determination that climate pollution endangers public health and welfare.

That 2009 determination was in response to Massachusetts v. EPA, and it was based on an immense body of authoritative scientific literature as well as consideration of more than 380,000 public comments. Yet in their legal challenge to the determination, Pruitt and his allies again argued that EPA should have declined to make an endangerment finding based on the supposed difficulty of regulating climate pollution under the Clean Air Act.

A unanimous panel of the D.C. Circuit rejected those claims, finding that:

These contentions are foreclosed by the language of the statute and the Supreme Court’s decision in Massachusetts v. EPA … the additional exercises [state and industry challengers] would have EPA undertake … do not inform the ‘scientific judgment’ that [the Clean Air Act] requires of EPA … the Supreme Court has already held that EPA indeed wields the authority to regulate greenhouse gases under the CAA. (Coalition for Responsible Regulation v. EPA, 684 F.3d 102, D.C. Cir. 2012, emphasis added)

The Supreme Court did not even regard further challenges to the endangerment finding as worthy of its review. (See Order Denying Certiorari, Sub Nom Virginia v. EPA, 134 S.Ct. 418, 2013)

Pruitt’s suggestion that EPA should stop applying the Clean Air Act’s protections to an important category of pollutants – greenhouse gases – amounts to a repeal of Congress’s core judgment that all air pollutants that cause hazards to human health and the environment need to be addressed under the Clean Air Act. It is an audacious and aggressive effort to alter the Clean Air Act in a way that Congress has never done (and has specifically declined to do when such weakening amendments have been proposed).

EPA Has Established a Strong Record of Successful Climate Protections

Pruitt’s statements also ignore the pragmatic way in which EPA has carried out its legal obligations to address climate pollution. Since Massachusetts v. EPA was decided, EPA has issued common sense, cost-effective measures for major sources of climate pollution – including power plants; cars and trucks; the oil and gas sector; and municipal solid waste landfills.

These actions demonstrate that Pruitt is flatly wrong to suggest that EPA lacks the “tools” to address climate change under the Clean Air Act. They include:

  • The Clean Power Plan will reduce carbon pollution from the nation’s power plants to 32 percent below 2005 levels by 2030, while providing states and power companies with the flexibility to meet their targets through highly cost-effective measures – including shifting to cleaner sources of generation and using consumer-friendly energy efficiency programs that would reduce average household electricity bills by $85 per year. The Clean Power Plan will protect public health too, resulting in 90,000 fewer childhood asthma attacks, 300,000 fewer missed school and work days, and 3,600 fewer premature deaths every year by 2030. The value of these health benefits alone exceeds the costs by a factor of four, and the climate benefits are roughly as large.
  • EPA’s standards for cars and other light-duty vehicles, will save the average American family $8,000 over the lifetime of a new vehicle through reduced fuel costs – while saving 12 billion barrels of oil and avoiding 6 billion metric tons of carbon pollution. A recent analysis by EPA and the U.S. Department of Transportation found that manufacturers are reaching these standards ahead of schedule and at a lower cost than originally anticipated.
  • The most recent Clean Truck Standards, which were finalized in August 2016, will save truck owners a total of $170 billion in lower fuel costs, ultimately resulting in $400 in annual household savings by 2035 – while also reducing carbon pollution by 1.1 billion tons over the life of the program. These benefits are one reason why the Clean Truck Standards have broad support from manufacturers, truck operators, fleet owners and shippers.
  • EPA’s methane emission standards for new and modified oil and gas facilities, finalized in June 2016, will generate climate benefits equivalent to taking 8.5 million vehicles off the nation’s roads – while having minimal impact on industry.

When Scott Pruitt suggests that the Clean Air Act is a poor fit for regulating climate pollution, he overlooks the clear command of the statute, as confirmed repeatedly by the Supreme Court. He also ignores EPA’s successful history of issuing regulations that protect the environment while promoting significant health and economic benefits.

Pruitt might try to distort the truth in an effort to wipe climate protections off the books — subjecting our children and grandchildren to the dire health, security and economic effects of unlimited climate pollution in the process. But the law and the facts are not on his side.

EPA must address climate pollution under the Clean Air Act, and it has the tools to do so effectively.

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

Investments to Meet Emissions Goals are Driving Innovation and Growth in U.S. Auto Industry

By / Bio / Published: January 12, 2017

15261010832_b13a8d395c_kThe past couple of weeks have seen a whirlwind of announcements related to the U.S. auto industry.

The century-old industry has been hailed as the fastest U.S. job creator – expanding payroll by “nearly 35 percent” in recent years. Manufacturers have introduced dozens of new, fuel-efficient models. Technology companies and automotive manufacturers are collaborating more than ever to add features, and to get the world ready for self-driving vehicles.

The need for climate action has been a critical driving factor in each of these trends.

The Clean Car Standards have been focusing auto industry investment and innovations since they were finalized in 2010. Over that time, the automobile industry has made a dramatic return to profitability and added jobs – all while exceeding the Clean Car Standards. The industry has also started to bring to market a new generation of fuel-saving solutions.

Confirmation of these trends could be found at the recent Consumer Electronics Show and the Detroit Auto Show, where manufacturers paraded out their latest developments.

  • Ford stated that it expects sales of electric vehicles will overtake sales of gas-fueled vehicles within 15 years. Ford showcased its ability to improve conventional vehicles by unveiling the 2018 model Ford F150 – the best selling vehicle in the U.S. – with options for a more fuel efficient 3.3 liter six cylinder engine and automatic stop-start technology. It also announced new hybrid versions of the F-150 and Mustang by 2020. The company promised a new fully electric SUV vehicle with 300-mile range by 2020.
  • General Motors (GM) celebrated having the fully-electric, 238-mile range Chevy Bolt awarded the North American Car of the Year or Truck of the Year. The Chevy Bolt was previously awarded Motor Trend Car of the Year. The Bolt, which came to market last month, is also at the center of GM’s work on self-driving vehicle technology
  • Nissan announced a new generation of its LEAF electric vehicle, with “autonomous drive functionality” for highways.
  • Honda publicized its plan to introduce a new, U.S.-made hybrid vehicle in 2018 and roll out its Clarity Electric and the Clarity Plug-In Hybrid vehicles.
  • Toyota appointed its president (grandson of the company’s founder) to lead their newly formed electric car division, in an effort to “speed up development of electric cars.” 
  • Volkswagen – unveiled a prototype electric van capable of a 270-mile range and with room for eight-passengers. The company has committed to have at least 25 percent of its global sales be electric vehicles by 2025.
  • Samsung introduced a new lithium-ion battery cell for electric vehicles. The battery promises over 350 miles of range and a 20-minute fast charge. The battery is slated for production in 2021.
  • Tesla declared that its gigafactory for battery production was open for business. The Reno, Nevada facility already employees almost 3,000 workers, and is ultimately expected to employ 6,500 in full-time positions.
  • Mercedes announced in Paris last year that electric cars would account for 25 percent of the company’s deliveries in 2025, backed by plans to invest $1.1 billion in battery technology.

As these developments show, automakers and their suppliers are investing and bringing to market clean vehicle solutions beyond what even the Clean Car Standards require.

These companies are making these investments because there is a robust domestic market for clean cars. Electric vehicle sales in the U.S., for example, were up more than 50 percent in the second half of 2016 (compared to 2015).

Companies are also making these investments to stay competitive in a global race that will define the next chapter of mobility. GM, for example, had a third of its global sales in China in 2016. China is the largest market worldwide for electric vehicles and plug-in hybrid electric vehicles, and if U.S. automakers want to be competitive there they will need to stay on the leading edge of the technology curve. Autotomy and electrification will be the hallmarks of this new, global chapter.

By driving more investment in future offerings, the Clean Car Standards help position U.S. manufacturers to win this race at home and abroad.

This perspective was recently voiced by the United Auto Workers, which noted:

“Our competitors around the globe are working to strengthen environmental standards and it would be counterproductive to enact policies that provide disincentives for investing in advanced technologies and improving efficiency. History has taught us that a diverse fleet is essential for strong export sales and keeping jobs in the United States. Efficiency and emission standards can and must continue to be a win-win for the environment, working families, domestic manufacturing and the overall economy.”

We couldn’t agree more.

Also posted in Cars and Pollution, Jobs, News, Partners for Change, Policy / Comments are closed