Climate 411

The Next Step in Defending EPA’s Historic Greenhouse Gas Rules

By Pamela Campos / Published: July 23, 2013

EDF continues to defend the Environmental Protection Agency’s (EPA) historic greenhouse gas rules, this time against a petition to the Supreme Court.

A broad coalition of groups just asked the High Court to deny requests to review the unanimous D.C. Circuit Court of Appeals’ decision upholding those vital greenhouse gas rules.

The groups that filed briefs yesterday are:

These four short and succinct filings responded to hundreds of pages of industry petitions attacking EPA’s greenhouse gas standards.

Our briefs emphasize that there is no reason for the Supreme Court to re-decide issues addressed twice in the last five years, or to take up questions of statutory interpretation that have been resolved for more than thirty years.

As EPA put it, the greenhouse gas rules:

Represent … an unexceptional application of settled principles of statutory construction and administrative law.

Nine petitioners have asked the Supreme Court to re-hear the case, and an equal number of amici – or “friend of the court” – briefs have been filed.

Our opponents have presented the Court with a smorgasbord of claims, ranging from challenges to the fundamental science of climate change, to spurious suggestions that EPA shouldn’t set standards for reducing carbon pollution from cars unless it can singlehandedly and in one fell swoop solve the problem of climate change.

The petitioners complain, as they have before, about permitting rules for heavy polluters that require power plants, refineries, and other large industrial sources to consider common-sense energy efficiency measures before building new plants or remodeling old ones.

These arguments are old and tired.

The Supreme Court has twice concluded, in Massachusetts v. EPA and AEP v. Connecticut, that the Clean Air Act applies to greenhouse gases.

The vehicle rules being challenged now will reduce carbon pollution by almost one billion tons and provide America with monetary benefits of up to 1.2 trillion dollars.

And most important – these rules will protect our lives and health.

As EPA notes, by reducing carbon pollution now, these rules help avoid:

[A]n increase in heat-related deaths; an increase in respiratory illness and premature death relating to poor air quality; an increased risk of death, injury, and disease relating to extreme weather events; and an increase in food- and water-borne diseases.

Arguments attacking EPA’s statutory interpretation of permitting rules could have, and in many cases were, unsuccessfully made more than thirty years ago.

EPA, the states, and our environmental coalition all conveyed the same message to the Court — the petitions are much ado about nothing.

Our opponents imply that thousands or millions of businesses may be affected by EPA’s greenhouse gas rules.

In reality fewer than 200 sources — all of them large polluters — applied for permits for greenhouse gas emissions in the first two years of the program, and only handful of previously unregulated sources — all large sources of carbon pollution — have required permits.

EPA’s rules are clearly working as they should – to reduce greenhouse gas emissions from the biggest polluters.

We think that proves that the D.C. Circuit Court of Appeals’ decision upholding the historic greenhouse gas rules are far from cert-worthy.

We hope the Supreme Court will agree, and decline to re-hear the case.

(You can read more about the greenhouse gas rules and find all the legal briefs, on our website)

Posted in Cars and Pollution, Clean Air Act, Greenhouse Gas Emissions, Policy / Comments are closed

The Tier 3 Vehicle and Fuel Emissions Standards: Benefits from Day One

By Mandy Warner / Published: July 8, 2013

The comment period for the Tier 3 vehicle and fuel emission standards has now closed and hundreds of thousands of Americans have weighed in to support these important, lifesaving clean air standards.

Many, many thanks to the almost 336,000 of you who submitted comments through EDF’s website or through our friends and colleagues’ websites.

Those friends and colleagues include numerous groups representing health care, the environment, faith, business, labor, and moms — and they’ve all stated their support of the Tier 3 standards.

The Environmental Protection Agency (EPA) now has to get to work reviewing and responding to the comments and crafting the final standards.

We expect EPA will finalize the standards by the end of the year, enabling automakers to gear up to meet the standards.

Organizations representing domestic and international automobile interests were among the many groups I mentioned that submitted comments to EPA. Their comments demonstrate the ability of the industry to meet strong vehicle and fuel emission standards.

The Alliance of Automobile Manufacturers and the Association of Global Automakers also commented on the benefits of strong Tier 3 standards — benefits that begin from day one:

“Sulfur inhibits the catalytic converter’s ability to reduce vehicle emissions, so lower sulfur at the pump means fewer exhaust emissions in the air. And because lower sulfur reduces emissions from all vehicles, the proposed sulfur reductions would achieve Day One benefits, immediately reducing emissions from every gasoline-powered vehicle on our roads, no matter how old.”

Labor groups like the United Auto Workers also weighed in:

“[Tier 3] standards will create jobs and are estimated to prevent thousands of deaths each year, in turn providing billions of dollars in public healthcare savings …We call for an immediate finalization of the proposed Tier 3 rules and the use of similar widely-beneficial regulations to ensure our commitment to creating the next generation of clean and efficient vehicles.”

A broad coalition of health organizations — including the American Academy of Pediatrics, the American Heart Association, the American Lung Association, the American Public Health Association, the American Thoracic Society, the Asthma and Allergy Foundation of America, Trust for America’s Health, Healthcare Without Harm, and the National Association of City and County Health Officials – had this to say:

“These standards are urgently needed and will help protect the health of millions of Americans who continue to breathe unsafe air … Abundant scientific evidence exists on the health effects of ozone, particulate matter and other pollutants from tailpipe exhaust. Tier 3 standards will be effective tools to reduce such pollution and improve air quality.”

The broad support for these common-sense standards demonstrates, once again, the unique intersection of clean air as a value for diverse American citizens, communities and businesses – a value that will have benefits for all, from day one.

Posted in Cars and Pollution, Clean Air Act, Policy, What Others are Saying / Comments are closed

Supreme Court to review decision critical to cleaning up America’s air

By Graham McCahan / Published: July 1, 2013

(This post first appeared earlier today on EDF Voices)

On June 24, 2013, the U.S. Supreme Court decided to review the D.C. Circuit Court of Appeals’ decision in a case called EME Homer City Generation. To anyone concerned about the quality of the nation’s air, this was very big news. Here’s why.

In EME Homer City, which the D.C. Circuit decided last summer, a divided court overturned the Cross-State Air Pollution Rule, one of the Environmental Protection Agency’s most important (and cost-effective) clean air programs. In their filing asking the Supreme Court to hear the case, the Environmental Protection Agency argued that “the court of appeals committed a series of fundamental errors that, if left undisturbed, will gravely undermine the EPA’s enforcement of the Clean Air Act.”

The stakes are high. Every year, the Cross-State Rule, if only it can be applied, will save up to 34,000 lives and $110 to $280 billion in net health benefits. Without it, millions of people and entire communities will remain exposed to dangerous levels of pollution.

EPA issued the Cross-State Rule in 2011 under the Clean Air Act’s “good neighbor” provision, which directs states to “prohibit” emissions that are carried downwind and contribute to unhealthy air pollution in neighboring states. If states do not live up to their good neighbor obligations, then the Clean Air Act requires EPA to step in. According to 2011 estimates, air pollution from neighboring states accounted for more than three-quarters of local air pollution in many areas struggling to comply with EPA’s health-based standards. As this data shows, millions of Americans are breathing unhealthy air that originates in neighboring states.

The Cross-State Rule helps address this problem by reducing harmful smokestack pollution from power plants, which can drift for hundreds of miles and adversely affect distant communities. Despite its enormous health benefits and relatively small compliance costs, numerous power companies and several states challenged the Cross-State Rule in the D.C. Circuit. Numerous parties then joined the case in support of EPA and the Cross-State Rule, including: several states and cities that are adversely affected by interstate pollution; three major power companies; and EDF, along with some of its public health and environmental allies.

After the D.C. Circuit struck down the Cross-State Rule, Environmental Defense Fund, along with the American Lung Association, Clean Air Council, Natural Resources Defense Council, and Sierra Club filed a petition seeking Supreme Court review, which the Supreme Court granted along with EPA’s petition.

The Supreme Court, we believe, should reverse the decision of the D.C. Circuit and restore the clean air safeguards of the Cross-State Rule.

This will safeguard the air quality of millions of Americans who depend on EPA to protect them from pollution that comes from beyond the borders of their own states. No wonder, when EPA called for the Supreme Court to review EME Homer City, they warned that, should the decision stand, it would “seriously impede the EPA’s ability to deal with a grave public health problem.”

Posted in Clean Air Act, Health, Policy / Comments are closed

The President takes the lead on climate change

By Fred Krupp / Published: June 27, 2013

(This post first appeared on Tuesday, June 25th on EDF Voices)

From whitehouse.gov

Today President Obama took an important step toward meeting the promise of his inaugural address to “respond to the threat of climate change, knowing that the failure to do so would betray our children and future generations.”

In a Climate Action Plan announced at Georgetown University, the President laid out his vision for putting in place common sense policies that will cut carbon pollution while driving innovation, cutting energy waste and energy bills, creating jobs, and protecting public health. The President’s Plan pledged to:

  • Cut carbon pollution in the United States by putting in place tough carbon pollution standards for new and existing power plants, accelerating investments in renewable energy, energy efficiency and innovative technologies, reducing emissions of highly potent greenhouse gases such as methane and HFCs, and putting in place fuel-saving standards for medium and heavy-duty trucks;
  • Work with local communities and vulnerable sectors of the economy to prepare for climate impacts that can no longer be avoided; and
  • Couple action at home with leadership internationally to forge a truly global solution to this global challenge. (Read more about the international aspects of the plan on ourClimate Talks blog.)

The President’s decision to focus his administration on addressing the serious problem of methane’s contribution to climate change is an additional, welcome part of his announcement.

He is in step with most Americans, who have moved past the old debates about climate change and are now dealing with the impacts. Reducing carbon pollution will help drought-stricken farmers in the Midwest, coastal residents from Florida to Connecticut rebuilding after storms, communities ravaged by wildfire in the West, children suffering from asthma, and taxpayers everywhere who have to foot the bill for the impacts of climate change.

Most Americans would be shocked to know that there are no current limits on carbon pollution from power plants. By setting the first standards in history for carbon pollution from power plants in the United States – which produce 2 billion tons of this pollution each year, or about 40% of the nation’s total – the President will help modernize our power system, ensuring that our electricity is reliable, affordable, healthy and clean. He can do so in a way that can give industry the flexibility it needs to make cost-effective investments in clean energy technologies.

I’m seeing plenty of reasons for hope these days. California recently put in place nearly economy-wide limits on carbon pollution – in the ninth largest economy in the world. Two weeks ago, the United States and China agreed to work together to reduce powerful greenhouse gases known as HFCs. And last week in the city of Shenzhen, the Chinese launched the first of seven emissions trading pilot programs.

But U.S. leadership is needed to help build on this progress and secure the reductions in carbon pollution scientists tell us we need at home and around the world. And the President today showed leadership, aligning common sense action with a vision of the future that will create a stronger America for our children and grandchildren.

We expect Members of Congress to strongly support the President. We know the usual naysayers will soon be claiming that we can’t afford to deal with this problem. The truth is we can’t afford not to. Those who oppose the President’s actions today apparently want no limits at all on carbon pollution. That’s a highly irresponsible position in the face of a scientifically established threat. In fact, failure to act now will only saddle our children’s generation with huge additional costs. Those who say they are concerned about the burden of fiscal deficits on coming generations should also worry about the enormous, and growing, costs of climate change.

Thanks to the President, the days of silence and inaction on climate are over. This plan could become an important part of his legacy.

We still have a long way to go. Now it’s up to all of us to join with the President in confronting the defining challenge of our time.

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

The Cost to Meet Clean Air and Environmental Standards Comes Down (Again)

By Mandy Warner / Published: June 11, 2013

It is almost getting old for us to write about this … but it needs to be repeated.

As power plant pollution control projects continue, we are seeing – yet again — that the cost of meeting clean air standards, like the Mercury and Air Toxics Standards for power plants (MATS), has fallen.

Unfortunately, that hasn’t stopped some major power companies and other opponents from trying to undermine clean air and environmental standards.

However, this past quarter American Electric Power (AEP), NRG, and FirstEnergy each told their investors that their anticipated costs for meeting environmental standards dropped.

As you can see on our chart, AEP has lowered its estimated costs of following environmental standards by half, from a high of $8 billion down to $4 to $5 billion.

AEP was the top emitter of mercury, carbon dioxide, nitrogen oxide, and sulfur dioxide in 2011 among the top 100 power producers in the U.S.

And … AEP is a leader in the lawsuit to halt the Mercury and Air Toxics Standards.

As our chart also shows, FirstEnergy has lowered their cost estimate for complying with the Mercury and Air Toxics Standards by nearly 70 percent.

FirstEnergy’s estimate dropped from a high of $3 billion down to $925 million (which is $50 million lower than they estimated last quarter).

FirstEnergy was the sixth highest emitter of mercury in 2011 among the top 100 power producers, and is also challenging the Mercury and Air Toxics Standards in court.

The third company on our chart, NRG, has lowered its costs for complying with environmental standards from $730 million to $530 million, a reduction of more than 25 percent.

NRG was the fourth highest emitter of mercury in 2011 among the top 100 power producers.

These three companies are just a few of the power companies that have decreased their cost estimates for complying MATS and other environmental standards in recent years.

The tens of billions of dollars in expected health benefits from the Mercury and Air Toxics Standards has not decreased, though.

The Mercury and Air Toxics Standards will provide crucial emission reductions of toxic pollutants including mercury, acid gases, sulfur dioxide, and chromium.

It will save thousands of lives every year, prevent heart attacks and asthma attacks, and help protect the hundreds of thousands of babies born in America every year who are exposed to unsafe levels of mercury in the womb. And that is priceless.

It’s important that we keep in mind these misguided “sky is falling” claims about environmental compliance costs as EPA carries out its responsibilities under the nation’s clean air laws to address carbon pollution from power plants.

The time tested history of the Clean Air Act is quite the opposite – the sky is clearing, and at far less than the costs predicted by industry.

Posted in Clean Air Act, Economics, Health, News, Policy / Comments are closed

New IEA Report Sets a Road Map to a Cleaner Energy Future

By Nat Keohane / Published: June 10, 2013

Today, the International Energy Agency released a special report of its World Energy Outlook, entitled Redrawing the Energy-Climate Map. The report is notable not only for its substantive conclusions – but for what it signifies.

First, the substance:

The report starts by emphasizing that energy-related CO2 emissions are a crucial driver of global warming, that they are increasing rapidly, and that as a result the world is not on target to keep concentrations of greenhouse gases below the level that would provide even a fifty-percent probability of limiting the increase in average global temperatures to two degrees – a commonly cited benchmark to prevent the worst impacts of climate change.  Standard fare, perhaps – but noteworthy nonetheless coming from the world’s leading energy authority.

A road map toward a more secure future

The key finding of the report — what makes it required reading — is the analysis of what the IEA calls its “4-for-2˚C scenario.”

The IEA identifies a package of four policies that could keep the door open to 2 degrees through 2020 – at no net economic cost to any individual region or major country, and relying only on existing, widely available technologies:

  1. Specific energy efficiency measures in transport, buildings, and industry (1.5 GT savings in 2020/49% of the total package)
  2. Limiting construction and use of the least-efficient coal-fired power plants (640 MT/21%)
  3. Minimizing methane emissions from upstream oil and gas production (550 MTCO2e/18%)
  4. Accelerating the partial phaseout of fossil fuel subsidies (360 MT/12%)

The IEA estimates that these four measures would reduce energy-related GHG emissions by 3.1 GT CO2-eq in 2020, relative to IEA’s “New Policies” reference scenario – corresponding to 80% of the reduction required to be on a 2-degree path.

Take a look at this chart, from IEA’s report, that summarizes the policies:

(Source: World Energy Outlook Special Report, 2013)

Here’s a second chart, also from IEA’s report. This one makes the key point about no net economic costs:

(Source: World Energy Outlook Special Report, 2013)

Four policies, using widely available technologies, imposing no net economic cost on any individual region or major country, that put the world in the position to make the turn to climate safety.

That’s the headline.

The cost of delay

IEA’s report also discusses the vulnerability of the energy sector to climate change, and emphasizes that delaying climate action will drive up the costs of meeting a 2 degree target later.  The report estimates that putting off action until 2020 would trim near-term investment by $1.5 trillion in the short run – but at the cost of requiring an additional $5 trillion to be spent in subsequent years.  In present-value terms, using a 5% discount rate, delay doubles the cost of action: from $1.2 trillion to $2.3 trillion.

This is an argument that we at EDF — and others — have been making for some time. But it is a crucial one nonetheless – and the IEA analysis gives some added analytical weight to the argument.

Not an oil shock, but a climate shock

These findings are especially welcome coming from IEA, a world-respected authority on energy markets and policy that was founded to facilitate international coordination among oil-consuming countries.  Indeed, the messenger may be nearly as important as the message.  What launched the IEA was the 1973-4 oil crisis.  Now, nearly forty years later, the IEA report makes clear that the real energy-related threat to economic prosperity is not an oil shock, but a climate shock.

Back to the big picture

To be sure, the four policies analyzed in this report won’t fully suffice to address climate change in the long run: indeed, much more ambition will be needed.

Under the “4-for-2˚C” scenario, the IEA estimates that world energy-related emissions will peak and start to decline before 2020 – but we’ll still need concerted action on a global scale to get greenhouse gas emissions onto a steepening downward trajectory.

Take a look at one more chart from IEA’s report:

(Source: World Energy Outlook Special Report, 2013)

Acknowledging this point, IEA’s report underscores the importance of continued innovation in low-carbon technologies in transport and power generation (including carbon capture and storage), and highlights the vital importance of a long-term carbon price.

Beyond the scope of the report, there’s much to be done outside the energy sector – in particular by curbing tropical deforestation, and promoting the spread of agricultural practices that can achieve the “triple win” of greater productivity, greater resilience to climate, and lower environmental impacts (including GHG emissions).  And all of these efforts must be carried out in tandem with the overarching challenge of promoting broad-based economic prosperity around the globe, as President Jim Yong Kim of the World Bank has repeatedly emphasized.

But the bottom line is that one of the most hopeful publications on climate change you’ll read this year has come from the International Energy Agency, of all places.  Here is a road map toward a cleaner, more secure future.  Now it’s up to us to take it.

Posted in Economics, Energy, Greenhouse Gas Emissions, News, Policy / Read 1 Response