Climate 411

A New Step in the Fight to Reduce Toxic Mercury Pollution from Power Plants

By Graham McCahan / Published: October 15, 2014

(This post was written by EDF Senior Attorneys Graham McCahan and Tomas Carbonell)

Today, EDF and its allies joined the latest fight to protect the Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standards.

We filed a brief asking the Supreme Court to deny the petitions that are seeking review of a lower court decision upholding the standards.

The Mercury and Air Toxics Standards (MATS) will require crucial and long-overdue emission reductions of toxic pollutants including mercury, arsenic, and acid gases from the single largest source of toxic air pollution in the U.S.— coal-fired power plants.

Starting in April 2015, when they go into effect, these standards will prevent thousands of premature deaths, heart attacks, and asthma attacks every year.

The Mercury and Air Toxics Standards were upheld by a panel of judges on the D.C. Circuit Court of Appeals in April 2014 against a variety of legal challenges.

Fortunately, most power plants in the U.S. are already on track to comply with these life-saving standards.

The U.S. Energy Information Administration reported that by the end of 2012 — or more than two years ahead of the April 2015 compliance deadline:

64.3% of the U.S. coal generating capacity in the electric power sector already had the appropriate environmental control equipment to comply with the MATS.

Unfortunately, some power companies and their industry partners continue to file legal attacks against the Mercury and Air Toxics Standards.

Our opponents are continuing their legal attacks in spite of the D.C. Circuit’s detailed opinion strongly upholding EPA’s authority to issue the Mercury and Air Toxics Standards and affirming the EPA’s well-reasoned determinations on key technical issues.

Industry interests and states have filed petitions asking the U.S. Supreme Court to review the D.C. Circuit’s decision.  Their petitions primarily emphasize the alleged costs of the Mercury and Air Toxics Standards — even though some of the same power companies have recognized that the standards include flexibilities that have helped them slash their compliance costs.

For instance, Southern Company CFO and Executive Vice President Arthur P. Beattie stated in 2012 that the amount the company projects for MATS compliance costs would be far lower than previously predicted:

[B]ecause of the new flexibility that [the company has] found in the final rules of the MATS regulation.” (Arthur P. Beatty, CFO and Executive Vice President of Southern Company,  Deutsche Bank Clean Tech, Utilities and Power Conference, May 15, 2012)

In fact, as the D.C. Circuit recognized in its decision, EPA’s cost-benefit analysis found that the Mercury and Air Toxics Standards would yield as much as $90 billion in annual health benefits once implemented — approximately nine times the anticipated cost of the rule.

The good news is that many people and organizations— including public health, equal justice, and environmental groups, plus a number of states and cities — are standing together to safeguard these protections for our communities and families.

Those groups include the American Academy of Pediatrics, American Lung Association, American Nurses Association, American Public Health Association, Chesapeake Bay Foundation, Citizens for Pennsylvania’s Future, Clean Air Council, Conservation Law Foundation, Environment America, Izaak Walton League of America, National Association for the Advancement of Colored People (NAACP), Natural Resources Council of Maine, Natural Resources Defense Council, Ohio Environmental Council, Physicians for Social Responsibility, Sierra Club, and Waterkeeper Alliance – along with EDF, of course.

That’s why today we joined together to file a brief with the Supreme Court asking the Justices not to reconsider the D.C. Circuit Court’s decision upholding these life-saving clean air protections.

Posted in Clean Air Act, EPA litgation, Health, Policy / Read 2 Responses

Why California thirsts for rain and the East Coast gets soaked

By Ilissa Ocko / Published: October 15, 2014

Source: Flickr/Jared Tarbell

If you think the weather’s acting strange, you’re correct. Extreme weather in the United States is trending upward, and human-caused climate change has already been blamed for much of it – most recently in connection with theCalifornia drought.

But along with extreme weather we’re also getting extreme contrasts. What on Earth is going on when New York gets endless rain and San Francisco none, and when one part of the country is freezing while another suffers under record heat?

You guessed it, rising temperatures have something to do with it – and here’s how.

Rain patterns are changing

In the Northeast, the combination of more moisture in the atmosphere from a warmer world and changes in circulation patterns are bringing more rain. In the Southwest, meanwhile, rainfall is suppressed by a northward expansion of high pressure in the subtropics.

The crippling drought now plaguing California is due to a persistent high pressure system off of the coast that is deflecting storms away from the region. A recent study shows that these systems are much more likely to occur with human-caused climate change.

Rain is more intense

Heavy downpours are controlled by cloud mechanisms and moisture content, which are both changing as global temperatures rise. Clouds that can dump a lot of rain are more common in a warmer atmosphere.

More evaporation has led to more moisture in the atmosphere which, in turn, leads to more intense rainfall when it rains. That helps explain why the entire U.S. is experiencing more heavy downpours – even in the drought-stricken West.

Droughts are taking hold

Rain and evaporation will determine how moist the soil will be. So although evaporation is increasing nationwide due to warmer temperatures, higher precipitation in the Northeast yields a net increase in soil moisture in that part of the country.

In the Southwest, on the other hand, the drop in overall precipitation brings drier conditions that spawn or magnify drought. As the soil there dries out, the incoming sunlight will heat the ground instead of evaporating water from the soil. This creates a vicious cycle of more heat and less rain.

Flooding is more common

The potential for flooding, meanwhile, depends a lot on what’s going on with the soil. The higher the soil moisture content, the higher the chance that there will be more runoff from rainfall.

Because soil moisture is increasing in the Northeast, flooding events are on the rise. Fortunately for the region, many heavy rain storms occur in the summer and fall when soil moisture is low and the ground can absorb more water.

On the other hand, the sea level has risen by a foot since the 1900s in the Northeast. That, in turn, contributes to more flooding.

Disaster costs are also rising – but there is hope

In 2013, intense storms, severe regional drought, and extreme flooding led to more than $9 billion in disaster costs in the U.S. alone. It’s uncertain what the total bill was if you factor in ongoing agriculture, human health and infrastructure losses from changing weather conditions

Unless we curb emissions of heat-trapping gases, scientists expect these trends to continue and worsen – and the contrast between wet and dry areas of the U.S. will likely become even sharper. Our hope now is that the push for climate action amps up so we can finally set ourselves on a better path for the future.

This post originally appeared on EDF Voices 

Posted in Basic Science of Global Warming, Greenhouse Gas Emissions, Science / Read 1 Response

Victory for Healthy Air: Court Rejects Nebraska Attorney General’s Attempt to “Short-Circuit” the Law in Challenge to Carbon Pollution Standards

By Megan Ceronsky / Published: October 7, 2014

Nebraska Attorney General Jon Bruning’s attempt to block the U.S. Environmental Protection Agency’s (EPA) efforts to limit carbon pollution from power plants failed yesterday.

The federal district court in Nebraska dismissed the Attorney General’s lawsuit challenging EPA’s proposed Carbon Pollution Standards for new fossil fuel power plants.

The court held that:

[the Attorney General’s] attempt to short-circuit the administrative rulemaking process runs contrary to basic, well-understood administrative law. (Decision, Page 1)

The Attorney General’s challenge was flawed because it was filed only one week after EPA published proposed carbon emission standards for new power plants, in January 2014.

But the law is this case is clear and anchored in common sense.

As the court explained, legal challenges may only be brought against final standards:

Simply stated, the State cannot sue in federal court to challenge a rule that EPA has not yet actually made. (Decision, Page 1)

EPA’s proposed action is still in draft form and has been the subject of extensive public comment.

In December 2012, the D.C. Circuit rejected a similar challenge to EPA’s original proposal for the very same reason — that the standards had yet to be finalized.

This latest attempt at an end run around the Clean Air Act would have deprived the public of a chance to comment on a proposed rule and present its diverse viewpoints to the agency.  Moreover, for a court to review standards that are still being developed would be a waste of judicial resources and Americans’ tax dollars.

The court also noted a defect in the Nebraska Attorney General’s central legal claim.

The Attorney General argued that EPA’s reliance, in part, on data from facilities receiving federal assistance was unlawful.

The court explained:

The merits of this claim are not before the Court. But the Court notes that [Energy Policy Act section] 402(i) only forbids the EPA from considering a given technology or level of emission reduction to be adequately demonstrated solely on the basis of federally-funded facilities. 42 U.S.C. [section] 15962(i). In other words, such technology might be adequately demonstrated if that determination is based at least in part on non-federally-funded facilities. (Decision, Footnote 1, Page 5)

EDF previously examined the flaws with the Nebraska Attorney General’s legal claim in a detailed white paper. (You can read my blog about the white paper here)

Unfortunately for the citizens of Nebraska, Attorney General Bruning is devoting precious taxpayer resources to misguided legal attacks.

It’s not the only way in which Nebraska’s taxpayer dollars are being deployed to block vital clean air progress for our nation.

The Guardian reported that Bruning, on a conference call organized by the American Legislative Exchange Council (ALEC), told other state attorneys general that Nebraska has challenged EPA authority more than 30 times and will keep on doing so.

Yet the Carbon Pollution Standards for new power plants have won broad public support from millions of Americans — including public health associations, Moms Clean Air Force, faith-based organizations, the League of United Latin American Citizens, and leading power companies.

Nebraska’s failed lawsuit is just one more misguided attempt to prevent vital limitations on the carbon pollution emitted by power plants from moving forward.

According to the Guardian, Bruning claims that:

EPA continues to try and ‘fix things’ that are not broken.

Tell that to the millions of Americans who are experiencing the harmful impacts of climate change.

While EPA takes steps to address carbon pollution from the single largest source in the country, Attorney General Bruning is devoting Nebraska’s tax dollars to flawed lawsuits.

Fortunately, millions of Americans in red and blue states alike are working together to forge solutions for our families, our communities and our nation.

Posted in Clean Power Plan, EPA litgation, Greenhouse Gas Emissions, News, Policy / Read 2 Responses

8 reasons for hope: Our top take-aways from Climate Week

By Nat Keohane / Published: September 30, 2014

(This post originally appeared on EDF Voices)

My forecast had been for a Climate Week “on steroids” and that’s exactly what we got.

Image source: Jane Kratochvil

We saw the largest climate rally in history draw 400,000 people – up from the 250,000 we had initially hoped for – and then the United Nations Climate Summit, where 125 heads of state joined business and civic leaders to discuss ways to curb greenhouse gas emissions.

Another highlight for the week was the growing momentum for putting a price on carbon. More than 1,000 businesses and investors, nearly 100 national, state, province and city governments, and more than 30 non-profit organizations called for expanding emissions trading and other policies that create market incentives for cutting pollution.

Could it be that we’re finally reaching the point of meaningful action on climate change? To find out, I asked colleagues at Environmental Defense Fund who participated in the Climate Summit for their key take-aways from the week.

Here’s their report:

1. PEOPLE’S CLIMATE MARCH

Eric Pooley, Sr. Vice President, Strategy and Communications: This march shot down, once and for all, the old canard that Americans “don’t care” about climate change. And it reminded me what an extremely big tent the coalition for climate action really is — with plenty of room for groups with vastly different views.

More than 1,000 EDF members and staff, plus 300 members of the Moms Clean Air Force, were proud to be marching alongside all kinds of people from all kinds of groups from all over the country. To win on climate, we need a strong outside game and a strong inside game. EDF is helping to build both.

2. METHANE EMISSIONS RISE TO THE TOP

Mark Brownstein, Associate Vice President, U.S. Climate and Energy: Methane is becoming a top priority in the fight against climate change. Last week, EDF helped to launch the Climate and Clean Air Coalition’s Oil & Gas Methane Partnership, which creates a framework for oil and gas companies to measure and reduce methane emissions and report their progress.

At the summit, I watched the chief executive of Saudi Aramco, the world’s biggest oil company, turn to Fred Krupp to say that his company was interested in joining the six companies that already agreed to sign on. While the ultimate test of the partnership will be the reductions that it achieves, it has gotten off to a promising start.

3. COMMON GROUND ON FORESTS

Stephan Schwartzman, Senior Director, Tropical Forest Policy: One of the high points of the week, no doubt, came when 35 national and state governments, more than 60 non-profits and indigenous organizations, and 34 major corporations pledged to halve deforestation by 2020 – and to completely end the clearing of natural forests by 2030. EDF was proud to be part of the coalition that put the New York Declaration on Forests together.

4. INDIGENOUS PEOPLES GOT THE RECOGNITION THEY DESERVE

Christopher Meyer, Amazon Basin Outreach Manager: Indigenous groups from the major rain forest basins pledged to continue to conserve 400 million hectares under their control. Those 400 million hectares are important for cultural and biodiversity purposes globally, but they also hold an estimated 71 gigatons of carbon dioxide, equivalent to 11 years of emissions from the United States.

I was honored to accompany Edwin Vasquez Campos of the Coordinator of the Indigenous Organizations of the Amazon River Basin, and to watch him deliver a stirring speech to a room that included the leaders of Norway and Indonesia. It was the first time an indigenous leader was given such an opportunity at the U.N.

5. US-CHINA LEADERSHIP ON CLIMATE?

Fred Krupp, EDF President: On September 23, EDF hosted a meeting with Chinese government officials, who reiterated their plans for a national carbon market in China, and said they’re interested in working with the United States to combat climate change. Later that day, I heard President Obama speak at the United Nations General Assembly.

I was encouraged and inspired to hear him say that the U.S. and China, “as the two largest economies and emitters in the world … have a special responsibility to lead.”

6. CLIMATE-SMART AGRICULTURE – NO LONGER JUST A CATCH PHRASE

Richie Ahuja, Regional Director, Asia: After a three-year global effort involving a large number of diverse stakeholders, we finally launched the Global Alliance for Climate-Smart Agriculture. Its purpose: To help the world figure out how to feed a growing population on a warming planet.

The alliance will use the latest technology and draw on the experience of farmers to improve livelihoods and build resilience – while at the same time cutting greenhouse gas emissions and other environmental impacts. This is climate action that truly counts.

7. CORPORATIONS ARE ON BOARD

Ruben Lubowski, Chief Natural Resource Economist: One thing that made the Climate Summit unique was that it included corporate leaders, not just heads of state. In addition to signing the New York Declaration on Forests, chief executives of major global companies that buy and trade palm oil and other tropical commodities that drive deforestation – companies like Cargill, Unilever, and Wilmar – spoke strongly about their plans to change sourcing practices.

Already, companies accounting for about 60 percent of the world’s palm oil trade have made commitments to eliminate deforestation from their products.

8. CALIFORNIA DOES IT AGAIN

Derek Walker, Associate Vice President, U.S. Climate and Energy: California has served as a proving ground for climate change policies that can be adapted by other jurisdictions, whether in the U.S. and abroad – and there’s more to come. My highlight for the week: when Gov. Jerry Brown said that California will set a post-2020 emissions limit and ratchet up its 33-percent renewable standard – already the nation’s top target.

California Air Resources Board Chair Mary Nichols also told us that the state is preparing to develop rules on how to incorporate forest carbon credits into its carbon market – a key step toward reducing deforestation.

Posted in News / Read 2 Responses

NY Times forests oped is out on a limb: protecting trees still key to solving climate change

By Steve Schwartzman / Published: September 20, 2014

In an oped in Saturday’s New York Times (To Save the Planet, Don’t Plant Trees), Nadine Unger argues that reducing deforestation and planting trees won’t help fix climate change but will rather make it worse. One might ask how the 2,000-plus scientists and experts on Intergovernmental Panel on Climate Change (IPPC) got this one wrong – they found tropical deforestation a major source that must be reduced to control climate change – but in fact it’s Unger who’s way out on a limb here.

Steve Schwartzman, Director of Tropical Forest Policy

Steve Schwartzman, Director of Tropical Forest Policy

When trees grow, they absorb carbon dioxide (CO₂) from the atmosphere and store it as carbon in their trunks, branches, leaves and roots. When people cut the trees down and burn them to clear forest for cattle pasture or crops, as they have at a rate of 13 million hectares of forest per year in the tropics over the last decade, this releases CO₂ back into the atmosphere.

Unger argues that forests absorb more sunlight than crops or grassland, which reflect more sunlight back into space and cool the earth. But that’s not true in the tropics. In tropical forests like the Amazon, where deforestation is happening and thus where the Climate Summit’s attention is focused, trees take up water from rainfall and evaporate it through their leaves, and create cloud cover. These clouds reflect even more sunlight than grasslands or bare earth, thus cooling the earth more. This is why large-scale deforestation disrupts rainfall regimes – and why deforestation in the Amazon, if unchecked, may reduce rainfall in California.

Emissions from tropical deforestation are, from the perspective of the atmosphere, just the same as emissions from burning fossil fuels – carbon that was wood, coal, oil or gas is turned into CO₂ and released to the atmosphere. In a living forest, trees do die and, over time release CO₂ to the atmosphere. But then new trees grow, and absorb that CO₂ again – not the case when forests that have stored carbon for centuries are replaced by grass to feed cattle or oil palm plantations.

Contrary to Unger’s claims, the “high risk” is to ignore the 200 billion tons of at-risk carbon stocks in the world’s tropical forests. In fact, as the IPCC has concluded, stopping tropical deforestation is a critical priority for controlling climate change.

Posted in Forest protection / Comments are closed

Traveling to the climate march: Worth the carbon footprint?

By Gernot Wagner / Published: September 18, 2014

(This blog originally appeared on EDF Voices)

Lauren Frohne/Flickr

Looks like the simmering “climate swerve” may come to a boil on September 21 in New York City for what’s billed as the People’s Climate March.

Bill McKibben called for it in the Rolling Stone magazine. Tens of thousands are slated to respond to his call, ostensibly to channel Franklin D. Roosevelt’s ghost and make world leaders “do it” – push for strong climate policies, now.

Except that it wouldn’t be the climate movement if it weren’t beset with self-doubt and second-guessing. Going to New York, you see, produces carbon dioxide emissions, the very cause of the problem. So how then can climate activists justify riding, driving or – heaven forbid – flying in the name of climate action?

We do because traveling to Manhattan, and expanding our carbon footprint in the process, may be better for the planet in the long-run than if we stayed home.

Real climate policy is what we need

Every cross-country roundtrip flight causes about a ton of carbon dioxide, per passenger. Driving emits carbon, if not quite as much. Trains do, too. Even if you bike or walk, you will need extra calories, which also come with additional carbon emissions.

A plethora of online calculators can help you decide how to minimize your own footprint. You could get positively crazy making these calculations, and some possibly have.

If you spend so much time online researching your carbon footprint that your power consumption shoots up, you may be on the wrong track.

We should all be decreasing our carbon footprint. The emphasis is on “all.” Real climate action, then, must go far beyond individual action by the committed core.

The People’s Climate March will take place on the eve of the United Nations’ Climate Summit, convened by Secretary General Ban Ki-moon on September 23, and for good reason. It’s policy that needs to change.

Coal cannot be banned, but it can be priced

The headwinds are strong, to say the least.

King Edward I banned the burning of coal in 1306, replete with the death penalty for repeat offenders. It didn’t take long for the ban to be lifted, and the coal-fueled industrial revolution has brought untold riches to many.

The coal question, in many ways, goes to the heart of the matter. Banning coal is out. It is neither possible nor necessarily desirable.

What we need is to incorporate the full societal cost of burning that coal into everyone’s private decisions.

At the moment, each ton of coal and each barrel of oil used causes more in external damage to human health and the environment than it adds in value to the economy. That doesn’t mean we should not burn any coal or any oil, but it does mean putting a price on carbon, ideally directly via carbon markets or taxes.

It means regulation. It means standards. It means tax reform. It means taking significant policy steps to restructure misguided market forces so they lead us off of the current high-carbon, low-efficiency path.

Composting counts, but it’s not enough

Going green is fine. I don’t drive, don’t eat meat, and do all sorts of other things that minimize my own carbon footprint. The climate movement is home to quite a few who go the full-on vegan, composting, skip-coffee-because-it’s-bad-for-the-climate route.

But going green is only good if it actually gets somewhere.

If you compel your in-laws to compost more and drive less – go forth and proselytize. But if this makes them ignore efforts to achieve critical policy changes, your campaign for a voluntary green lifestyle should probably stop.

Many actions needed for a climate revolution are akin to a bootstrapping problem. Building a wind turbine takes steel, which in turn takes energy. The green energy revolution then may well mean an increase in current, largely fossil-fueled energy use for the sake of decreased carbon emissions later.

The Climate March falls into the same category. Going to New York implies emissions, as do most other things we hold near and dear in our daily lives.

Participating in the march won’t change that fact overnight. But calling for real, measured climate action just might. Helping to build the momentum toward policy change is precisely what’s needed.

If you can do it while also decreasing your own footprint, so much the better. If not, choose policy change.

Bike if you can, fly if you must. By all means, go to New York on September 21.

Posted in Greenhouse Gas Emissions, News, Policy / Comments are closed