Climate 411

An update on the greenhouse gas litigation…

By Megan Ceronsky / Published: September 22, 2011

The urgency of climate mitigation, the Supreme Court’s mandate, and the legal attacks:

According to the insurance company Munich Re, there have been 98 natural disasters in the United States the first six months of 2011 – approximately double the average of the 1990s.  Ten of those disasters have been catastrophes causing more than a billion dollars of damage, including two major river floods in the Upper Midwest and the Mississippi River, drought and wildfires in the Southwest, a blizzard that paralyzed the Midwest and Northeast, and Hurricane Irene which threatened the coastal cities of the East Coast and led to the devastating flooding in the Northeast.  More intense storms – including hurricanes – and more frequent and severe floods and droughts, are precisely the kind of impacts expected to threaten American communities as atmospheric greenhouse gas concentrations rise.  Although we cannot connect any individual hurricane or wildfire to climate change, we can look around and see what the future holds if we do not act to curb climate-destabilizing emissions.

In 2007, the Supreme Court held in Massachusetts v. EPA that greenhouse gases are “air pollutants” under the Clean Air Act and that EPA had a legal duty to decide whether greenhouse gas emissions endanger public health or welfare.  The Supreme Court also held that under the Clean Air Act, the endangerment inquiry must be based solely on science, and not on policy considerations irrelevant to this “scientific judgment.”

In response to the Supreme Court’s mandate, and based on the massive edifice of research showing the role of anthropogenic greenhouse gas emissions in causing global temperatures to rise and related climate impacts to occur, EPA took action under the Clean Air Act.  In 2009 EPA made the science-based finding that greenhouse gas emissions endanger public health and welfare – the “Endangerment Finding.”  Once EPA has made an endangerment finding for an air pollutant emitted by motor vehicles, the Clean Air Act obligates EPA to establish vehicle emission standards.  On April 1, 2010, EPA finalized standards for MY 2012-2016 light-duty vehicles.  The standards are projected to avoid 962 million metric tons of CO2-equivalent, cut gasoline consumption by 77 billion gallons, and save vehicle owners a net average of $3,000 over the life of the vehicle due to enhanced fuel economy.

The Endangerment Finding is under legal attack from some of the largest polluters in America.  The legal challenges to the Endangerment Finding, vehicle standards, and the other actions EPA has taken to control greenhouse gas emissions are currently before the U.S. Court of Appeals in Washington D.C.

 

The basis for the GHG Endangerment Finding:

EPA’s Endangerment Finding is based on a rigorous review of climate change research – including assessments of climate research prepared by the National Research Council of the National Academy of Sciences, the United States Global Change Research Program, and the Intergovernmental Panel on Climate Change.  The creation of these “assessment reports” involved thousands of scientists, reviewing thousands of articles from peer-reviewed research journals.  Based on this massive body of research, EPA determined the following:

  • Human activities – fossil fuels burning and land use change – have changed the chemistry of the atmosphere, adding tremendous quantities of heat-trapping gases.  The concentration of carbon dioxide in the atmosphere has increased by 38% since the Industrial Revolution; concentrations of methane have risen 149%.

This chart shows CO2 concentrations in the atmosphere over the last 800,000 years, based upon analyzing air bubbles trapped in an Antarctic ice core. (U.S. Global Change Research Program, Global Climate Change Impacts in the United States at 13 (2009))

  • Temperature records show that average global temperatures are rising – and scientists have concluded that the warming of the past 40 years has been driven by the increasing concentrations of greenhouse gases, “trapping” more and more radiation from the sun in Earth’s atmosphere.

This figure shows that climate models using only natural forces cannot replicate observed warming – in fact, they would predict cooling. Only models including anthropogenic greenhouse gases can duplicate the observed warming trend. (U.S. Global Change Research Program, Global Climate Change Impacts in the United States at 20 (2009).)

  • The effects of this warming are already being observed, and are expected to intensify in the future as the climate continues to warm.  The U.S. Global Change Research Program describes the following climate change impacts as “likely,” having at least a two-thirds chance of afflicting Americans:  stronger hurricanes and storm surges; more intense rainfall events; declines in precipitation and runoff in the West; increased frequency and severity of both floods and droughts; increased risk of illness and death due to extreme heat and heat waves; increased air pollution in cities that causes respiratory distress; and increases in the prevalence of diseases transmitted by food, water, and insects.
  • Reducing greenhouse gas emissions will reduce the severity of these impacts. Reducing emissions will also lower the risk of pushing the dynamic climate system past a “threshold” that would lead to dramatic, abrupt climate changes with potentially catastrophic impacts for human societies and natural systems.

Based on this body of research, EPA determined that greenhouse gas emissions endanger the public health and welfare.

 

The legal attacks and the Supreme Court’s directive:

In attacking the Endangerment Finding, the legal challenges make a wide variety of claims – including arguing that the areas of uncertainty in climate science should prevent EPA from finding that greenhouse gas emissions endanger public health or welfare, that EPA was wrong to rely on the scientific assessments, and that EPA needed to consider various policy considerations before making the Endangerment Finding.

A little bit of history those attacking the Endangerment Finding seem to have forgotten:  As noted above, in 2007 the Supreme Court held that EPA had a duty to make a “scientific judgment,” and that “considerations that have nothing to do with whether greenhouse gas emissions contribute to climate change” have no place in an endangerment analysis.  The Court further held that EPA could only decline to make a scientific judgment if the uncertainty “is so profound that it precludes EPA from making a reasoned judgment as to whether greenhouse gases contribute to global warming.”

 

States and environmental groups supporting EPA:

Last Friday, September 16th, sixteen States and a coalition of environmental groups – including EDF – filed a brief supporting EPA’s Endangerment Finding.  The States supporting EPA’s science-based Endangerment Finding are California, Connecticut, Delaware, Illinois, Iowa, Massachusetts, Maine, Maryland, Minnesota, New Hampshire, New Mexico, New York, Rhode Island, Oregon, Vermont, and Washington.  The brief and more information about the litigation are available here.

Oral argument for the Endangerment Finding challenge and the related cases will likely be scheduled early in 2012.  We will let you know of any developments as they occur.

 

Posted in Greenhouse Gas Emissions, News / Comments are closed

EDF’s Ads Highlight AEP’s Bad Example

By Erin O'Sullivan / Published: September 16, 2011

While other utilities are investing in technology and jobs, cleaning up toxic air pollution and meeting federal health standards, American Electric Power (AEP) engineered a bill to fight these goals. Their bill is designed gut new federal clean air standards based on a law that has protected American lives for 40 years and helped drive one of the few sectors of our economy to grow during the recession — the clean technology industry.

We want to discourage other utilities from following AEP’s their bad example. We created a series of ads highlighting AEP’s choice of quick profits over its consumers’ health and lives.

The Environmental Protection Agency estimates that as many as 17,000 lives will be lost without these new rules. AEP apparently thinks it’s the cost of doing business.

Join us in asking how many lives will be lost before the risk becomes unacceptable. Ask AEP “what’s your number” at askwhatsyournumber.com

Posted in Clean Air Act / Comments are closed

Support for EPA from Doctors and Scientists

By Sharyn Stein / Published: August 10, 2011

You’ve probably seen a lot of nasty attacks against EPA in media report lately. You are not alone.

As EDF’s Susanne Brooks writes in our Market Forces blog:

Given that EPA is in the midst of finalizing some of the most critical regulation protecting American human health from poisonous air pollution, one might think that a simple ‘thank you’ might be in order. Instead, EPA is facing unfounded attacks from several angles.

Susanne’s blog post cites some “egregious” examples of people who refuse to believe that air pollution is bad for your health — including one newspaper columnist who recently demanded that EPA “show him the bodies” of air pollution victims.

Susanne then compiles a list of responses from leaders in the scientific community. Those responses provide powerful evidence to support EPA’s efforts to protect our air.

The most compelling statement may be from Lynn Goldman, Dean and Professor at the George Washington University School of Public Health and Health Services and a member of EDF’s Board of Trustees. Susanne writes:

She refers to the family members who can actually point to the bodies of loved ones who ‘dropped dead from a heart attack after breathing too much air on a Code Red day.’

Read more in Susanne’s full post, Thank You EPA.

Posted in Clean Air Act, Health / Comments are closed

Focus on Congress, Not EPA Delays

By Sharyn Stein / Published: June 6, 2011

Should EPA delay its air pollution rules?

That’s the question posted for National Journal’s Expert Bloggers today. Among the industry and environmental thought leaders who posted comments was EDF’s own Fred Krupp. He pointed out that EPA delays are not the real problem:

EPA should move swiftly to put science-based human health protections in place for mercury, arsenic, acid gases and deadly particulates. But the bigger threat is that Congress might try to delay vital Clean Air Act protections for its own – decidedly non-scientific – reasons.

Fred cites a long list of health, environmental and economic benefits of the Clean Air Act, and then says:

Yet Rep. Ed Whitfield (R-KY) has announced that he will introduce legislation to delay EPA’s proposed Air Toxics Rule — even before EPA finishes the public notice and comment effort that’s currently underway, and in spite of the fact that the power plant Air Toxics Rule has been 21 years in the making … Congress should intervene if EPA is going too slowly and lives are being put at risk. But Congress should never delay vital health protections – not when we have time-tested bipartisan solutions that will save lives and strengthen our economy.

You can read Fred’s full response, and the other expert opinions, on National Journal‘s Energy & Environment blog.

Posted in Clean Air Act, Policy / Comments are closed

In Defense of Unlikely Partnerships

By Eric Pooley / Published: May 20, 2011

Jigar Shah’s blog post about The Climate War made me sad. Not because he missed the point of my book or had unkind things to say about people I admire — the man is entitled to his opinion. The piece saddened me because it gave voice to an incredibly damaging green stereotype: the notion that we enviros are ideological purists more interested in being right than being successful, and that we can’t work with anyone who doesn’t meet our high standards.

I’d thought Shah knew better. After all, he runs an NGO that works with industry to reduce greenhouse gas emissions–and he and I have even discussed the need to reach out to corporations if we’re going to turn the carbon tide. (I call it the Willie Sutton rule: If you want to cut pollution, you have to talk to polluters.) That’s certainly the approach of Environmental Defense Fund, which Shah disparages in his post. EDF has always embraced the power of unlikely partnerships, including the one with Duke Energy that so annoys Shah.

Shah criticizes EDF and its president, Fred Krupp, for working with Duke CEO Jim Rogers in the fight to pass climate legislation, and “for not holding Rogers to a high enough standard before giving him a seal of approval.” Shah writes that Krupp was “charmed” by Rogers and blind to Duke’s environmental record. To make that demonstrably inaccurate argument, Shah ignores all of the times EDF has gone into battle against Duke. Here are just a few:

  • EDF sued Duke Energy to force it to install pollution scrubbers on old power plants when it refurbished them. EDF took the case all the way to the Supreme Court and won in a 9-0 ruling handed down in 2007. The case, Environmental Defense, et al. v. Duke Energy Corp, is a landmark of environmental law. Shah doesn’t mention it.
  • When Duke proposed to build two massive new coal units in North Carolina, EDF and its partners challenged the need for the plants before the North Carolina Utilities Commission pointing to cleaner and more cost-effective alternatives. We secured a landmark decision in which the Commission denied Duke’s request for one of the two units.
  • EDF and its allies sued Duke again over its plan to build the Cliffside Unit 6 power plant, the remaining coal unit, without first determining whether the plant would meet Clean Air Act standards. EDF won again, and the 4th Circuit Court of Appeals recently upheld this victory.
  • When Duke sued to block federal clean air standards requiring far-reaching pollution reductions from eastern coal plants, EDF stepped in. And we successfully reversed the court decision halting the implementation of these vital clean air protections while EPA took corrective action.
  • Shah writes that Duke fought a proposed renewable portfolio standard in North Carolina and backed off “under heavy pressure.” He doesn’t mention that much of that pressure came from EDF, which was a leader in passing the renewable standard.

EDF, in other words, is more than willing to stand up to polluters–but it will also sit down with them if there’s a chance to make progress on key goals. That’s why, in the middle of these courtroom battles, Krupp and Rogers began working together to pass comprehensive climate legislation. Duke joined EDF in a coalition called the United States Climate Action Partnership, or USCAP. In The Climate War, I describe their uneasy alliance–squaring off during tough negotiations over the contours of the bill, collaborating on ad campaigns and opinion pieces, jawboning senators and congressmen in a multi-year effort to cap carbon. Along the way, Duke even resigned from the American Coalition for Clean Coal Electricity and the National Association of Manufacturers because those two groups were devoted to killing climate legislation.

Shah doesn’t acknowledge that Rogers’ support was crucial to passing climate legislation in the House, and he never mentions the real opponents of the bill or the myriad social and political forces that were allied against us. He claims that Rogers was “only involved in climate legislation efforts to make sure that new laws enrich his shareholders.”

That’s a simplistic view of a complicated figure. And if Shah is waiting for power bosses like Rogers to support legislation out of the goodness of their hearts, he’s going to be waiting a long time. Altruism is not going to get this done. The whole point of climate legislation is to give polluters a reason to clean up — to create incentives for doing the right thing instead of the wrong thing. Fred Krupp never held any illusions that Rogers or other the members of USCAP were trying for sainthood. These companies fought for climate legislation because they saw it as vital to their long-term economic well-being. That’s the point.

Of course Duke’s environmental record is mixed. My book lays out those facts in great detail. For Shah, that’s reason enough to shun Rogers. The title of his piece asks whether enviros should work with their “enemies”– and since Duke is not always on our side, he believes that makes it an enemy. That approach –“you’re either with us or you’re against us”– has failed us too often. It’s time we retired it for good. Environmentalists should not be an elite fraternity that refuses to consort with those who are less enlightened.

The people at EDF understand that. They deal with the world as it is, not as they wish it to be. That’s why, when I decided to leave journalism and join the environmental movement, EDF is where I chose to hang my hat. I’ve been here less than a month, and in that time we’ve launched tough actions against American Electric Power, which is trying to delay new air pollution standards, and United and Continental airlines, which have been greenwashing while opposing common sense rules to reduce pollution. We’re calling out corporations who delay progress while cooperating with those willing to clean up. We’re interested in working with anyone who wants to march down the path to a clean energy future. But we never have, and never will, demand that they march in lockstep.

Posted in Climate Change Legislation, Greenhouse Gas Emissions, Partners for Change, Policy / Comments are closed

For Business, It’s Not Necessary to Delay the Clean Air Act

By Jackie Roberts / Published: March 8, 2011

The Environmental Protection Agency’s (EPA) efforts to enforce the Clean Air Act are vital for our health, our children’s health, and the avoidance of the most dangerous and expensive consequences of climate change.

In spite of that urgency, some businesses are arguing for delay. They claim that new regulations will hurt jobs and the economic recovery. Extensive data refutes these claims, but perhaps the most credible counter-arguments are those made by businesses that disagree.

In a March 1 article in Politico Pro, reporter Darren Samuelsohn interviewed business leaders who “didn’t sound so thrilled” about legislation to pre-empt EPA authority:

“The leaders — from American Electric Power, NextEra Energy, Southern Co. and Dominion Resources — said to varying degrees that they support allowing the EPA to proceed on a ‘reasonable’ time frame on greenhouse gas rules for power plants, petroleum refiners and other major stationary sources.” 

The business community is not monolithic, of course. And it’s no surprise that companies that are innovative are often rewarded with long-term growth.

Recently, the ArcelorMittal steel mill in East Chicago, Indiana, built on-site energy plants to capture heat and gases. The mill reduced its carbon dioxide emissions by about 916,000 metric tons. That’s about the same amount as 166,000 cars and all of the grid-connected solar panels in the world. At the same time, the mill cut as much as $100 million a year in energy costs — and that allowed ArcelorMittal to allocate more money to jobs and investment. 

West Virginia Alloys, a silicon manufacturer, used a similar project to capture waste heat and generate enough electricity on-site to power one-third of its furnaces. The project reduced carbon dioxide emissions by almost 300,000 tons – and at the same time, enabled the plant to increase its workforce by 20 percent.

Companies that fear change typically spend their time and energy fighting change – not on finding the most strategic responses to changing business conditions.

McKinsey and Company and the Department of Energy (DOE) are among those who have collected data showing the plethora of untapped efficiency opportunities being ignored by American industry today. (See some of that data, and helpful case studies, at LessCarbonMoreInnovation.org)

Here are some highlights:

  • McKinsey found that the U.S. industrial sector can reduce annual energy consumption 18 percent by 2020 and save more than $442 billion in energy costs billion in major sectors such as refineries, chemicals, cement, iron and steel, pulp and paper, for an upfront investment of barely more than a quarter of that amount.
  • If the pulp and paper sector, alone, seized the economically attractive opportunities identified by McKinsey and Company, they could reduce energy use by 26 percent and save an estimated $2.6 billion per year.
  • Until recently, U.S. industrial plants didn’t know how energy efficient they were (or weren’t) compared to their competitors So the Energy Star for Industry program created a benchmarking tool to allow companies get that information. The results show that many plants have significant room for improvement. For example, the gap between the average plant’s performance and the best in class plant’s performance is 198 kilowatts per hour more electricity used per assembled vehicle. (That figure takes into account the differences in product, as well as plant capacity, utilization, and location). That’s about as much as what the average U.S. household  uses in electricity each week.
  • The University of Massachusetts’ Political Economy Research Institute looked at the impact on new EPA pollution control rules on the utility sector. They found that the new rules will drive an estimated 1.46 million jobs, or about 290,000 on average in each of the next five years. Other University of Massachusetts studies found that clean energy and energy efficiency are more labor intensive than spending on conventional fossil fuels.

Given over-capacity and capital on the sidelines, now is actually the perfect time to invest in making the current infrastructure cleaner, more efficient, more globally competitive, and ready for the recovery. Investing will be good for the workforce and for customers, and while shareholders may see a little less profit this year, they will see more in the long-run.

Businesses that insist they have to pollute do not represent all businesses. Lots of American businesses are already taking advantage of the opportunities in clean energy and energy efficiency.  If we support them, instead of the businesses that can only handle the status quo, we can create an economic recovery for the long-haul.

Posted in Clean Air Act, Economics / Comments are closed