Climate 411

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

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

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

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

Here’s more about the amicus briefs:

Read More »

Also posted in Clean Power Plan, EPA litgation, Greenhouse Gas Emissions, News / Comments are closed

Why we need a global stocktake that works

UN climate agency’s upcoming review puts a spotlight on Paris Agreement implementation 

Day 1 plenary of COP26 in Glasgow, Scotland. UNclimatechange via Flickr

This post was co-authored by Maggie Ferrato, Senior Analyst for Environmental Defense Fund

In the wake of the COP26 climate talks in Glasgow, it’s clear that current climate targets are not enough to meet the Paris Agreement temperature goals, despite dozens of updated national climate plans and the plethora of announcements made on the sidelines of COP.

With COP26 now in the rearview, it is time to look ahead toward what needs to happen next for the world to get on track to meet the Paris Agreement goals.

The good news is that Paris Agreement was designed to ratchet up ambition over time. One of the elements written in the Paris Agreement, a process known as the global stocktake (GST), just kicked off. The two-year process risks becoming a bureaucratic check-the-box exercise that doesn’t produce any real benefit to the climate. However, if implemented properly, the stocktake offers an important opportunity to increase countries’ climate ambition enough to set the world on the right path to achieving the goals of the Paris Agreement.

Read More »

Also posted in International, Paris Agreement, United Nations / Comments are closed

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

EPA’s authority to safeguard human health and the environment is longstanding and well-established. But now there’s a new case before the Supreme Court that threatens it.

The case was brought by coal companies and their allies, whose efforts to tightly constrict EPA’s ability are not only alarming but also should not even be before the Supreme Court. That’s why EDF is participating in the case (West Virginia et al. v. EPA) in support of the agency’s clear authority and obligation to reduce climate pollution under the Clean Air Act. We joined other leading environmental groups and trade associations to file our merits brief in the case. Almost two dozen states and several cities, the federal government, and power companies that provide power to 40 million people in 49 states also filed in support of EPA.

The arguments made by the petitioners in this case do not articulate an actual, redressable injury. The case before the Supreme Court necessarily lacks this essential ingredient necessary for court review because the rule petitioners take issue with is not currently in effect. In fact, the rule has never been in effect.

Put simply, no actual dispute exists.

Read More »

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

Snowstorm of Misinformation: A Consumer’s Guide to Shoveling Out of EV Falsehoods


My Tesla Model Y charging at a public charging station the morning after the recent snowstorm in Virginia.

EV misinformation has reared its head again, but this time it seems to be stuck spinning its wheels in the snow. You may have seen a recent Washington Post editorial that expressed some concern about electric vehicle (EV) performance in cold conditions and falsely claimed that vehicles with internal combustion engines (ICE) are better. Prompted by a false anti-EV meme that’s been circulating on the internet (about a worried Tesla driver stuck in Virginia’s recent 48-mile snowy traffic jam), the editorial is sadly based on the author’s longtime bias against EVs–rather than on EV facts or science.

Don’t be fooled by skepticism towards unfamiliar tech. Electric vehicles not only keep pace with gas-guzzling cars in the snow–in some ways, they’re even better.

So, here are some key points for consumers to consider when you’re knee-deep in this type of EV misinformation this winter season (from a car guy who grew up dealing with snowy winters in New England, but now lives in Virginia, and drives an EV… even in the snow):

Read More »

Also posted in Cars and Pollution, News, Science, Setting the Facts Straight / Comments are closed

What’s next for the LEAF coalition? An outlook for tropical forest protection in 2022 and beyond

This post was authored by Rocio Sanz Cortes, Managing Director of Supply at Emergent. In 2019 EDF set up Emergent, the group facilitating LEAF, because we saw the need for a new, innovative financing facility that could catalyze a high-quality market for forest carbon/jurisdictional REDD+ credits. EDF’s Ruben Lubowski is a senior advisor for Emergent.  

Amazon Canopy. iStock.

Last year’s COP26 UN climate summit was referred to as “Nature COP,” as forests and nature took a protagonist role. Financial pledges to protect forests and reduce deforestation reached unprecedented volumes. In the first major formal deal of COP26, 100 leaders representing 85% of the world’s tropical forests pledged to end deforestation by 2030. This agreement was backed by the Global Forest Finance Pledge with $12 billion in public funds and $7.2 billion in private money. This funding will support actions such as restoring degraded land, tackling wildfires and advancing the rights of Indigenous people in tropical forest countries.

Another key success of last year’s global climate summit was the historic $1.7 billion pledge from governments and private funders to support Indigenous peoples and local communities. Direct financing for these groups underscores their essential role in forest stewardship. Other commitments announced at COP26 included the Congo Basin Pledge. Signed by more than 10 countries, the Bezos Earth Fund and the European Union, the pledge seeks to mobilize $1.5 billion to protect forests, peatlands and other critical carbon stores.

Natural climate solutions include conservation, restoration and management of forests, grasslands and wetlands – which could provide at least 20% of the emissions reductions and removals needed for the world to achieve net zero. Not only that, but they could also deliver socio-economic and environmental benefits beyond carbon. We are at a critical point for the future of the planet, and the pledges made at COP26 are game changers in keeping the planet’s temperature increase from reaching catastrophic levels.

LEAF’s breakthrough commitments

Read More »

Also posted in Carbon Markets, Forest protection, International, News, Paris Agreement, REDD+, United Nations / Read 1 Response

Safeguarding EPA’s authority at the Supreme Court is a climate imperative

Coal companies and supporting states recently filed opening briefs in West Virginia v. Environmental Protection Agency, a case involving the Trump Administration’s repeal of, and weak replacement for, the 2015 Clean Power Plan regulating carbon dioxide emissions from power plants.

Although neither regulation is in effect – indeed, EPA has indicated that it plans to adopt a new rule working from a clean slate — Petitioners seek to use this case to effect sweeping changes in longstanding legal doctrine and well-established norms. Petitioners are not only asking the Court to do extraordinary damage to EPA authority, but also set forth their arguments expansively so as to apply to a wide range of vital services and laws – turning this case into one broadly relevant to the ability for expert agencies to protect human health, the environment, and other public values.

These concerns are not theoretical. Petitioners have filed papers with the Supreme Court that argue that tight constrictions should be put around EPA’s efforts to address climate change. What Petitioners seek stands in stark contrast to what this moment demands and ignores the fact that Congress intended EPA, through the Clean Air Act, to address big problems like nationwide air pollution coming from the country’s largest industries.

Read More »

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