Climate 411

EPA’s Historic Proposal to Limit Carbon Pollution from Power Plants

By Fred Krupp / Published: March 27, 2012

Today we are making history. 

Today the U.S. Environmental Protection Agency (EPA) proposed the first-ever nationwide emission standards to limit dangerous carbon pollution from new coal- and gas-burning power plants. 

Today we take the first critically important step towards addressing the climate-destabilizing pollution emitted by power plants. 

Today we take a vital step towards protecting Americans’ health and strengthening our economy.

With these standards and EPA’s landmark clean car standards, we’re beginning to address the clear and present danger of carbon pollution from the two largest emission sources in our nation.

Power plants are responsible for 40 percent of the carbon pollution emitted in America. U.S. power plants are one of the largest sources of carbon pollution in the world. 

Power plants are responsible for 40% of carbon pollution emitted in the U.S.

We have the technology and the know-how to change this.

The carbon pollution emission standards proposed by EPA today would halve the carbon emissions from a new coal-fired power plant over its lifetime. 

These standards will help further the progress we are making towards a cleaner, more secure future for energy in America. We will use our nation’s electricity resources more efficiently to cut energy costs for families and businesses, mobilize Made in the USA technologies and fuels for cleaner energy generation, and ensure that America will lead the global race to a clean energy economy.

States, communities and businesses across our nation are already leading the way:

  • 29 states have adopted policies to expand reliance on cost-effective clean energy resources.
  • States including Washington, Montana, Oregon, Minnesota, New York and California have adopted (or are now putting in place) limits on dangerous carbon pollution from fossil-fueled power plants.
  • A McKinsey & Company report found that we could meet our nation’s growing electricity needs by using existing resources more wisely — and could cut energy costs for American families and businesses at the same time.
  • Innovative businesses like Solar City are creating new solutions and technologies to deliver cleaner, safer energy. Solar City, founded in 2006, is installing solar systems that lower utility bills with no upfront investment by the customer. Solar City has 20,000 projects in 14 states that are either completed or underway– including a one billion dollar project to put solar systems on military housing.
  • Hundreds of U.S. companies are capitalizing on new, multibillion-dollar market opportunities to make our electric grid as smart, flexible, and innovative as the internet — enabling a wholesale shirt to clean, community-based energy resources.

There are also fundamental shifts in the energy market that are driving a change in our electricity supply.

Much has been written about the structural market shift to natural gas, which has been enabled by new drilling technologies. Some have tried to deny this market shift and claim that EPA’s clean air protections are stopping new coal plants, but the truth is that basic economics — low natural gas prices— are driving these decisions.  But don’t take our word for it. Check out these quotes.

  • Jim Rogers is the CEO of Duke Energy, which provides electricity to the Carolinas, Indiana, Kentucky, and Ohio. He told the National Journal:

The new climate rule is in line with market forces anyway. We’re not going to build any coal plants in any event. You’re going to choose to build gas plants every time, regardless of what the rule is.

  • Thomas Fanning, CEO of Southern Company, recently told investors on an earnings call on January 25, 2012:

Four years ago…we were about 70% of our energy from coal and about, I don’t know, 16% from nuclear, about 12% from gas and the balance from hydro.  In the fourth quarter — this was really surprising to me, maybe not surprising considering how cheap gas is now – our energy production was 40% coal, 39% gas. … Now moving forward, given where gas prices are, we will continue to see much more gas production.

Inexpensive natural gas is the biggest threat to coal. Nothing else even comes close.

The immense natural gas resources recently made commercially accessible in the United States must be developed responsibly if we are to protect our water and ecosystems, and prevent wasteful leakage that will undermine the carbon pollution advantages of natural gas.  But America can meet this urgent challenge.

We also know how to harness the power of the wind, the sun, and geothermal resources. By making the energy foundation of our economy cleaner and more diverse, we will improve our national security, improve public health, and protect our climate.  Today we took a big step down that road.

The stakes are high.

Climate impacts are already affecting American communities, and scientists tell us that the impacts will intensify as atmospheric concentrations of heat-trapping greenhouse gas emissions rise.

The United States Global Change Research Program has determined that if carbon pollution emissions are not reduced, it is likely that American communities will experience increasingly severe impacts, including:

  • Rising levels of dangerous smog in cities — which will lead to an increased risk of respiratory infections, more asthma attacks, and more premature deaths
  • Increased risk of illness and death due to extreme heat
  • More intense hurricanes and storm surges
  • Increased frequency and severity of flooding
  • Increases in insect pests and in the prevalence of diseases transmitted by food, water and insects
  • Reduced precipitation and runoff in the arid West
  • Reduced crop yields and livestock productivity
  • More wildfires and increasingly frequent and severe droughts in some regions

I mentioned earlier that American states, communities and businesses are already taking steps to address these threats. Starting today, they don’t have to do it alone. With today’s announcement, our entire country will fight the widespread and varied threats we face from climate change.

I think EPA deserves a standing ovation for that.  

Please join me in supporting EPA’s efforts to protect our families, our communities, and our economy from these threats. 

The resistance to these standards by entrenched fossil fuel-dependent industries will likely be fierce, but together our voices can move these vitally important policies forward. 

Posted in Clean Air Act, Economics, Energy, Greenhouse Gas Emissions, Health, News, Policy / Read 1 Response

Day Two of Landmark Clean Air Cases: Courtroom Arguments Wrap Up

By Peter Zalzal / Published: February 29, 2012

The U.S. Court of Appeals in Washington D.C. heard its second and final day of oral arguments, today, in a landmark group of cases about EPA’s critical climate protections.

Today’s arguments focused on EPA’s actions to require cost-effective greenhouse gas emission reductions from the largest sources, like power plants — while shielding smaller sources.

I was at the courthouse again today. Here’s a look at some of the highlights:

The judges began by examining EPA’s decision to initially focus climate protections on the largest sources of pollution. The judges closely questioned the Solicitor General of the State of Texas about how this focus on large sources harmed the state.

In a pointed exchange, Chief Judge Sentelle noted that the remedy Texas seeks — invalidation of the large-source thresholds — would seem to cause Texas injury where, under EPA’s current program, none exists. 

The Chief Judge underscored the seeming irrationality of this position, noting that Texas’s argument:

[D]oesn’t even make good non-sense.

The questioning then turned to EPA’s long-standing rules describing the workings of the permitting system for the largest sources of pollution. Those rules are more than 30 years old.

In this series of exchanges, Judge Tatel focused on provisions of the Clean Air Act that capture “any air pollutant” within this program. He questioned the Petitioners about how this language, and the Supreme Court’s decision in Massachusetts v. EPA, could possibly allow the agency to exclude greenhouse gas pollutants.

Like yesterday, the judges closely examined EPA’s legal authority. Today, they pointedly questioned both Petitioners and EPA. 

It was another fascinating day in the courtroom with important implications for protecting human health and the environment from the clear and present danger climate pollution poses.   

Now, we’ll all have to wait for the court’s decisions –probably sometime in the summer. We’ll bring you updates as soon as anything happens.

In the meantime, you can read more about the EPA’s endangerment findings and the attacks on EPA’s climate change protections on our website, or from my earlier blogs posts – a preview of the case, or a look at yesterday’s proceedings.

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

Day One of Landmark Clean Air Cases: A Report from the Courtroom

By Peter Zalzal / Published: February 28, 2012

Today, the U.S. Court of Appeals in Washington D.C. heard oral arguments in two of EPA’s critical climate protections: EPA’s finding that six greenhouse gases endanger the human health and welfare of current and future generations; and EPA’s greenhouse gas emission standards for cars and light trucks. 

I had the chance to sit in the courtroom and listen to the historic arguments. Here’s a look at some of the highlights.

The courtroom doors opened at 8:00 am. Arguments began a little after 9:00 in front of a packed courtroom. They lasted almost three hours, during which time Chief Judge Sentelle and Circuit Judges Tatel and Rogers focused closely on the legal underpinnings of EPA’s actions.

The questioning often returned to the importance of the Supreme Court’s landmark decision in Massachusetts v. EPA. In that decision, the High Court determined that greenhouse gases are “air pollutants” under America’s clean air laws, and directed EPA to determine whether they endanger human health and welfare on the basis of science. 

Against this backdrop, today’s Petitioners forwarded non-scientific reasons that they claimed would permit EPA to avoid finding that greenhouse gases are harmful to human health. That line of reasoning prompted Chief Judge Sentelle to note that:

Sometimes in reading Petitioners’ briefs, I got the feeling that Massachusetts hadn’t been decided.

Among these non-scientific factors: Petitioners urged that EPA must consider humans’ ability to adapt to a changing climate in determining whether greenhouse gases endanger human health.  

In a hypothetical, Judge Tatel probed the flawed implications of that argument – he asked whether Petitioners’ position meant that EPA could determine that a cancer-causing pollutant did not pose a danger to public health on the grounds that society may, at some future point, develop a cure for cancer.     

The court then turned to the second case for the day – the challenge to the clean car standards. Petitioners urged that EPA should have declined to adopt these standards, or delayed adoption indefinitely, on account of the alleged implications such standards would have for large sources of climate pollution.  

The judges’ questions again turned to the plain terms of the Clean Air Act, which directs that EPA “shall” issue emissions standards for new motor vehicles once the agency makes an endangerment determination. The judges questioned Petitioners about why they thought it possible to evade such a clear statutory command. 

U.S. auto makers intervened in this second case in support of EPA’s rules. The car companies noted during today’s arguments that the legal challenges are peculiar for three reasons:

  • No Petitioners are actually regulated by the emission standards
  • The industry that is directly regulated – the automakers – supports the clean car standard
  • No Petitioner has any quarrel with the actual level of the standards.    

All in all, it was a fascinating day for anyone interested in protecting human health and the environment from climate pollution, or for anyone interested in learning more about the rule of law.

We should have more groundbreaking moments tomorrow, when the court hears two more cases involving EPA’s requirements that new, large, industrial emitters deploy the best available cost-effective strategies to reduce harmful climate pollution.

I’m planning to be back in court tomorrow, and I’ll post another wrap-up of the day’s arguments.  

After that, we’ll all have to wait for the court to rule – probably sometime this summer.

In the meantime, learn more about the EPA’s endangerment findings and the attacks on EPA’s climate change protections on our website, or from my earlier blog.

Posted in Clean Air Act, Greenhouse Gas Emissions, News / Read 1 Response

Credible Sources Agree: EPA’s Rules will have Modest Economic Impacts

By Erin O'Sullivan / Published: February 22, 2012

We’ve posted so many stories like this that sometimes it’s hard to keep count, but here is yet another slew of reputable sources finding the EPA rules will not destroy the economy.  In fact, it may just be the boost it needs.  The Director of Regulatory Policy Research at the Economic Policy Institute just wrote a piece that sums it up nicely.  Here are some facts he rounded up on the air toxics rule:

  • Economic Policy Institute (EPI)- forecast to have a modest, positive net impact on overall employment—likely leading to the creation of 84,500 to 117,000 jobs between now and 2015
  • Congressional Research Service (CRS)- The benefits are also large, according to EPA, ranging from $37 billion to $90 billion annually.  The benefits mostly reflect the monetized value of avoiding up to 11,000 premature deaths annually.
  • Congressional Budget Office (CBO)- “On balance, CBO expects that delaying or eliminating those [EPA air] regulations regarding emissions would reduce investment and output during the next few years.”

Read the full article here: http://www.epi.org/blog/toxics-other-epa-rules-economic-effect/.

Posted in Clean Air Act, Climate Change Legislation, Economics, Greenhouse Gas Emissions, News, What Others are Saying / Comments are closed

Landmark Environmental Court Battle on Horizon

By Peter Zalzal / Published: February 22, 2012

On February 28th and 29th, the Federal Court of Appeals in Washington, D.C. will hear oral arguments in challenges to the Environmental Protection Agency’s landmark clean air measures to protect American’s health and well-being from the clear and present danger of climate pollution.

In one corner states like Texas and large industrial polluters are challenging EPA’s action.  In the other, EPA’s defenders include a dozen states, business like the U.S. auto makers, and environmental groups like EDF.

There are a group of clean air rules in question:

  • The Climate Pollution Endangerment Finding- On December 15, 2009, EPA determined that six greenhouse gases endanger the public health and welfare of current and future generations. EPA based this finding on more than 100 published scientific studies and peer-reviewed syntheses of climate change research.  The finding follows from the Supreme Court’s landmark 2007 decision in Massachusetts v. EPA, where the Court held that greenhouse gases are air pollutants under the Clean Air Act and instructed EPA to determine — on the basis of science — whether these gases endanger human health and welfare.
  • Clean Car Standards- landmark fuel efficiency and greenhouse gas emissions standards for passenger cars and light trucks.  These standards are supported by U.S. auto makers, the United Auto Workers, and a dozen states – among others – because they will reduce our dependence on foreign oil, reduce harmful greenhouse gas pollution, and save consumers money.
  • Application of Climate Pollution Protections to Largest Emitters – EPA requires new large, industrial emitters (like power plants) deploy the best available cost-effective strategies to reduce harmful climate pollution in a timely fashion- a requirement EPA has phased in, focusing on the largest industrial sources of climate pollution while shielding small sources.

There is much at stake for our nation’s environment and economy, but we’ll be in the courtroom and giving you updates every step of the way.

If you’re looking for more background, EDF has compiled detailed information about the cases. You can read more about the rules and the parties involved, and find the court briefs. You can also read about the EPA’s endangerment findings.

Posted in Basic Science of Global Warming, Clean Air Act, Climate Change Legislation, Greenhouse Gas Emissions, Policy / Comments are closed

Mercury and Air Toxics Standards Published Today

By Mandy Warner / Published: February 16, 2012

It’s official!

The historic Mercury and Air Toxics Standards for power plants were published in the Federal Register.

That means the official, final rule is now available to the public for the first time. It also means we’ve taken another crucial step towards putting these lifesaving standards into effect.

Mercury is a dangerous neurotoxin that damages the brains of young children and developing fetuses. The Mercury and Air Toxics Standards will limit the levels of mercury and other toxic pollution in our air.

These limits are required under the 1990 Clean Air Act Amendments. They have already been delayed for more than twenty years – but now, finally, we’re moving ahead toward a cleaner and healthier future.

This Mercury and Air Toxics Standards rule will:

  • Save up to 11,000  lives every year
  • Prevent 90% of the toxic mercury in the coal that’s burned by power plants from being emitted into our air
  • Level the playing field for coal and oil-fired power plants that have already updated their facilities with made-in-America, cost-effective technology
  • Create tens of thousands of jobs for the Americans who will build, install, and operate the pollution controls

Companies will have three years to comply with the rule. A fourth year will be broadly available to companies needing more time to install pollution controls — and even more time can be arranged beyond that, if needed to maintain electric reliability.

This is an historic win for public health, the environment, and the economy.

Unfortunately, however, we already know there will be some opponents who choose to invest their money in dismantling the rule through the courts or through Congress — instead of investing in life-saving technologies to reduce toxic emissions.

Letting that happen would be bad for all of us.

 At EDF, we plan to work vigorously to defend this rule in Congress and the courts over the coming years. I hope you’ll all join us.

Posted in Clean Air Act, Health, Policy / Read 1 Response