Climate 411

The Clean Power Plan’s enormous climate benefits – in one graphic

By / Bio / Twitter profile / Published: October 10, 2017

In addition to the vital public health benefits it offers, the Clean Power Plan is the nation’s most significant action to date to address climate change’s number one culprit – heat-trapping carbon dioxide emissions.

Now, EPA Administrator Scott Pruitt is trying to revoke the Clean Power Plan. Here’s a look at the enormous benefits we could lose.

When the Clean Power Plan is fully in place by 2030, the avoided annual carbon dioxide emissions relative to business-as-usual (350 million metric tons) are equivalent to preventing:

  • 40 billion gallons of gasoline consumed, or
  • 380 billion pounds of coal burned, or
  • 810 million barrels of oil consumed, or
  • 850 billion miles driven by an average car.

In order to get the same climate benefits that the Clean Power Plan would deliver, we would need to:

  • Replace 12 billion incandescent light bulbs with LEDs, or
  • Take 75 million cars off the road

Click to enlarge

 

Posted in Basic Science of Global Warming, Clean Power Plan, Greenhouse Gas Emissions, News, Science / Read 1 Response

Underhanded maneuvers to repeal the Clean Power Plan put Americans’ lives and health at risk

By / Bio / Published: October 9, 2017

(EDF’s Ben Levitan co-authored this post)

Environmental Protection Agency (EPA) Administrator Scott Pruitt says he will sign a proposal tomorrow to repeal the Clean Power Plan – America’s only nationwide limits on carbon pollution from fossil fuel power plants.

If the proposal matches what we’ve already seen in a leaked draft, it would be one of the most deeply harmful and reckless actions an EPA Administrator has ever taken. It would cost thousands of American lives, harm public health in myriad other ways, and lead to years of costly delays in combating the urgent threat of climate change.

Administrator Pruitt would have to go to great lengths to obscure and ignore these harmful consequences. When EPA issued the Clean Power Plan in 2015, it estimated that the plan would create up to $54 billion in annual benefits, including:

  • The prevention of up to 3,600 premature deaths every year
  • The prevention of 90,000 childhood asthma attacks every year
  • The prevention of 300,000 missed school and work days every year.

By comparison, EPA concluded that the annual costs would be much lower. And in the two years since the Clean Power Plan was issued, new analyses – including this one from New York University’s Institute for Policy Integrity – have concluded that compliance with the Clean Power Plan has become dramatically cheaper as a result of the plummeting costs of clean energy.

Yet the draft proposal for repealing the Clean Power Plan seems to rely on a significantly higher costs estimate, and much lower benefits. How is that possible?

A careful look at the numbers shows that the Administrator Pruitt’s EPA cooked the books for this proposal. They used discredited methodologies to artificially inflate costs, and to mask the consequences for our climate and obscure the thousands of lives that could be lost as a result of their repeal of the Clean Power Plan.

Here are four tactics that Administrator Pruitt has employed in the leaked proposal to inflate the costs and hide the benefits of the Clean Power Plan:

1. Disregarding lives saved by the Clean Power Plan

EPA’s original analysis of the Clean Power Plan found that it would avoid thousands of premature deaths each year by reducing particulate matter pollution – yielding up to $34 billion in annual health benefits in 2030.

According to the American Lung Association, particulate matter pollution causes permanent damage to lung development in children, aggravates asthma and other respiratory problems, increases hospitalizations, and increases deaths from heart and lung diseases including lung cancer.

The Clean Power Plan would reduce exposure to this pollution across the country – avoiding these health harms and premature deaths.

Administrator Pruitt’s draft proposal assumes away those benefits by asserting – contrary to established medical research – that there is zero health impact from reducing particulate matter pollution below certain “threshold” levels. The proposal also suggests that EPA can count only the climate benefits associated with carbon pollution, with no consideration to any health benefits at all.

This claim that there is a “threshold” level of particulate pollution below which it does not harm human health is directly contradicted by the American Heart Association and was completely discredited many years ago by an expert panel convened by EPA under the George W. Bush Administration. It also runs contrary to EPA’s long-standing practice.

As EPA itself recently explained in a court brief:

The best scientific evidence, confirmed by independent, Congressionally-mandated expert panels, is that there is no threshold level of fine particulate pollution below which health reductions are not achieved by reducing exposure.

Ignoring the deaths and harm to Americans’ health that would result from repealing the Clean Power Plan is unconscionable. The plain truth is that undoing the Clean Power Plan would deprive Americans of billions of dollars in health benefits and put then at increased risk for premature death.

2. Artificially inflating the costs of the Clean Power Plan

EPA originally anticipated that parties would comply with the Clean Power Plan in part through investments in demand-side energy efficiency, “a highly cost-effective means” for reducing carbon pollution from the power sector.

Demand-side energy efficiency measures help consumers save electricity, resulting in lower electric bills for hard-working Americans, less pollution, and a more reliable electric grid. Investments in energy efficiency are largely offset by the electricity savings that result.

Yet the upside-down accounting in the draft proposal adds those energy efficiency investments to the costs of the Clean Power Plan without deducting the electricity savings those investments yield. This makes it look like the power sector is paying for both energy efficiency and the electricity that it no longer needs to produce. Therefore, this upside-down accounting includes billions of dollars of imaginary electricity costs – for electricity that will never be generated or purchased.

The draft proposal adds the cost of this imaginary electricity to its estimate of Clean Power Plan benefits — to represent the “benefit” of not having to purchase electricity that was never produced in the first place. When comparing costs and benefits, this imaginary electricity is a net wash ­– but it enables EPA to inflate its estimate of the plan’s costs by up to $19.3 billion in 2030.

The draft proposal also uses a higher discount rate of 7 percent for energy efficiency investments – providing no meaningful justification for a choice that further inflates costs by $6.2 billion.

The cumulative effects of adding the cost of imaginary electricity and using a higher discount rate increases costs by up to $25.5 billion in 2030.

3. Shortchanging the benefits of reducing carbon pollution

Administrator Pruitt’s proposal aggressively undercuts the social cost of carbon. That’s the estimate of damages that climate pollution causes for our families and communities – from more intense hurricanes and heat waves, more wildfires, and the many other threats of climate change.

By using an unrealistically low figure, the proposal severely undervalues the benefits of the Clean Power Plan’s carbon reductions.

The original Clean Power Plan utilized an estimate of the social cost of carbon developed over many years by experts from a dozen federal agencies who used the best available science and repeatedly considered public input.

The draft proposal for repealing the Clean Power Plan has new, misleading values that use unsound methods rejected by independent experts to yield a lower estimate of the Plan’s benefits.

The draft proposal simply ignores important categories of carbon reduction benefits

The new proposal claims to count only the domestic U.S. impacts of carbon pollution, even though this pollution causes worldwide harm. A recent report by the National Academy of Sciences affirmed the importance of counting global benefits, explaining that the benefits of reducing carbon pollution would be dangerously undervalued if every country used a domestic-only social cost of carbon.

The draft proposal’s “domestic-only” cost estimate also ignores significant harms to the U.S. that arise from climate change impacts in other countries – including “global migration, economic destabilization, and political destabilization,” and “[l]ower economic growth in other regions [that] could reduce demand for U.S. exports, and lower productivity [that] could increase the prices of U.S. imports.”

For these reasons, the National Academy of Sciences concluded earlier this year that:

Climate damages to the United States cannot be accurately characterized without accounting for consequences outside U.S. borders.

Administrator Pruitt’s approach flies in the face of that expert advice.

The draft proposal short-changes our children by discounting pollution reduction benefits for future generations

The new proposal also uses a sharply lower value for the benefits that today’s carbon reductions provide to future generations.

The original Clean Power Plan “discounted” the future benefits of carbon reductions at a rate of three percent per year, based upon the findings of the inter-agency working group.

But the new proposal uses discount rates as high as seven percent, without any justification – a value that is much higher than recommended by the National Academy of Sciences or the economics literature.

The cumulative effects of ignoring global impacts and increasing the discount rate are dramatic. In the original Clean Power Plan, EPA estimated climate benefits of $20 billion in 2030 (using a three percent discount rate). The draft proposal to repeal the Clean Power Plan estimates climate benefits of just $0.5 billion in 2030.

Click to enlarge

 

4. Ignoring how low-cost clean energy means the Clean Power Plan will be even more affordable

In the two years since EPA finalized the Clean Power Plan, the plan’s goals have become even more achievable and low-cost than originally projected – thanks to electricity sector developments including the sharply declining costs of renewable energy.

But the new draft proposal has made no attempt to update its economic analysis, and does not appear to acknowledge that recent studies of the Clean Power Plan have found compliance costs are now much lower than EPA originally estimated.

Instead, Administrator Pruitt is proposing to repeal this life-saving, economically beneficial public health protection before even bothering to properly consider the latest data.

The recent report from the Institute for Policy Integrity highlights the falling costs of complying with the Clean Power Plan and points to several power sector developments that explain this trend.

The report presents several recent economic analyses conducted by independent, non-governmental entities that estimate substantially lower compliance costs than EPA projected in 2015. For instance, a June 2016 analysis by M.J. Bradley & Associates, using the same electric sector model as EPA but updating several inputs, finds that compliance would cost up to 84 percent less than EPA originally estimated.

EPA recognized and evaluated many of these precise studies as part of its Clean Power Plan deliberations. Yet for the sake of repealing the Clean Power Plan, Administrator Pruitt has decided to ignore these studies.

America deserves better

The Clean Power Plan is the most significant step the U.S. has ever taken to address the crisis of climate change. Once fully implemented, it will provide enormous public health benefits – making Americans safer, healthier, and more productive.

If Administrator Pruitt is intent on rolling back a life-saving protection for human health and the environment, the American people at least deserve an honest evaluation based on the best available data.

Unfortunately, it looks like he’s using underhanded maneuvers and deceptive accounting gimmicks to justify rescinding the Clean Power Plan instead – and the consequences for the health and safety of Americans will be all too real for decades to come.

Posted in Clean Power Plan, Economics, Energy, Health, News / Comments are closed

Five takeaways from Scott Pruitt’s reported proposal to revoke the Clean Power Plan

By / Bio / Published: October 6, 2017

Today, a draft proposal emerged of the latest step in Environmental Protection Agency (EPA) Administrator Scott Pruitt’s attack on clean air and climate security – a proposal to revoke the Clean Power Plan, America’s only nationwide limit on carbon pollution from power plants.

The proposal offers no commitment to do anything to address dangerous carbon pollution from existing power plants – our nation’s largest industrial source of this harmful pollution.

Here are five key takeaways from the proposal that emerged today.

1. Devaluing the health and well-being of all Americans

The Clean Power Plan would deliver tremendous benefits to American communities by reducing harmful pollution. For example, EPA estimates the Clean Power Plan will prevent up to 3,600 premature deaths and 90,000 childhood asthma attacks every year once it is fully implemented.

But in a vivid example of how little Administrator Pruitt prioritizes public health, this proposal uses discredited methods to justify the view that premature deaths and other significant health impacts from harmful air pollution don’t exist and don’t matter. It even undercuts the harms we face from carbon pollution by using methods at odds with leading experts, including the National Academy of Sciences.

Administrator Pruitt is trying to paint over the fact that undoing the Clean Power Plan will expose Americans to dirtier air, and will delay urgently needed action to address climate change.

Asthma attacks, heart attacks, floods and storm surges, wildfires, droughts, and heat waves hurt real people. EPA has a responsibility to protect the public — but Pruitt has made a priority of protecting the fossil fuel interests that have propelled his political career.

2. Repeal-without-replace

Across America, the past weeks of extreme weather have provided a tragic reminder of the threats we face from climate change. Hurricanes exacerbated by climate change – like Maria, Harvey, and Irma – have left millions reeling, with lives lost and communities profoundly disrupted for years to come.

Yet the draft proposal makes no commitment to protect Americans from dangerous climate change. Instead it “continues to consider” whether to protect Americans from carbon pollution from existing power plants (ignoring settled law that EPA must issue safeguards against climate pollution under the Clean Air Act – as the Supreme Court has already concluded three times.)

Administrator Pruitt chastised others for asking about climate change after Hurricanes Harvey and Irma hit, saying the timing was “insensitive.” But at that same time, he was working to roll back our nation’s most significant effort to protect Americans from climate change.

3. America should be moving ahead on clean power – not going backwards

Power market trends are moving towards cleaner power sources, creating jobs and shared economic prosperity across the country.

More and more evidence shows that achieving the Clean Power Plan’s goals will be even cheaper than expected. Yet Administrator Pruitt’s draft uses accounting gimmicks to claim costs would somehow be higher than originally anticipated.

If anything, the Clean Power Plan’s targets should be stronger. But Administrator Pruitt now seems to be pulling out the stops to shield polluting power plants from taking any steps to reduce their harmful impacts.

4. Who benefits? Pruitt’s political allies

Scott Pruitt built his political career by suing relentlessly to block EPA safeguards, including the Clean Power Plan.

Pruitt’s campaigns and political organizations received extensive contributions from Clean Power Plan opponents, including $25,000 from coal company Murray Energy just one month before the Clean Power Plan oral argument.

Those Clean Power Plan opponents now stand to benefit from this draft proposal – at the expense of the health and safety of American families.

5. Americans speak out for the Clean Power Plan

When President Trump issued an executive order in March that threatened to roll back the Clean Power Plan, Americans across the country responded with an outpouring of support.

Groups supporting the Clean Power Plan included: faith organizations; health associations; at least 75 mayors, state governors, and attorneys general representing nearly half the U.S. population; power companies; and leading companies like Apple, General Electric, and Walmart.

A similarly broad and diverse coalition has been defending the Clean Power Plan in court –including eighteen states and sixty municipalities across the country; power companies that own and operate nearly ten percent of the nation’s generating capacity; consumer and ratepayer advocates; and many others.

In a recent nationwide poll, almost 70 percent of Americans expressed support for strict limits on carbon pollution from existing power plants – including a majority of Americans in every Congressional district in the country.

Please join us to fight for the Clean Power Plan. You can take action here.

Posted in Basic Science of Global Warming, Clean Air Act, Clean Power Plan, Extreme Weather, News, Policy, Science / Comments are closed

Climate and clean energy progress continues in spite of Clean Power Plan repeal rumors

By / Bio / Published: October 5, 2017

According to news reports, Environmental Protection Agency (EPA) Administrator Scott Pruitt is planning to start the process of repealing the Clean Power Plan very soon.

This seriously flawed and misguided effort would be a dangerous step backwards for public health and climate protections.

However, as the Trump Administration continues to unravel these protections, the transition to a clean energy future is accelerating. States, cities, and power companies are responding to the ongoing attacks by forging ahead with ambitious actions to slash carbon pollution in order to respond to the threat of climate change and accelerate the clean energy revolution.

Clean Power Plan repeal?

The Clean Power Plan is a common-sense rule to safeguard public health by reducing carbon pollution from power plants to 32 percent below 2005 levels by 2030.

The Clean Power Plan would prevent:

  • 3,600 premature deaths each year
  • 1,700 heart attacks each year
  • 90,000 asthma attacks each year

Administrator Pruitt reportedly intends to propose repealing the Clean Power Plan in the coming days.

If so, EPA will likely issue an “Advance Notice of Proposed Rulemaking” (ANPR) to solicit public input on a replacement rule – a protracted process that is likely to lead to a far weaker standard.

The ANPR process could lead to years of harmful and unjustified delay in implementing urgently needed limits on carbon pollution from fossil fuel power plants.

Forging ahead to a clean energy future

The U.S. power sector has already made enormous strides in deploying clean energy resources and slashing greenhouse gas emissions.

American Wind Energy Association

 

Solar Jobs Census 2016 – The Solar Foundation, interactive map

Globally, the International Energy Agency (IEA) reported yesterday that renewables accounted for almost two-thirds of new capacity installed.

  • Solar additions worldwide grew faster than any other fuel last year, including coal and natural gas.
  • Over the next five years, the IEA projects renewable capacity to grow by over 920 gigawatts – a 43 percent increase by 2022.

Meanwhile, by the end of 2016, carbon pollution from U.S. power plants had already declined to 25 percent below 2005 levels – meaning the power sector is already almost 80 percent of the way to achieving the Clean Power Plan’s 2030 targets.

A new report by the Institute for Policy Integrity highlights the falling costs of complying with the Clean Power Plan. The report points to several market and policy developments including low natural prices, declining renewable energy costs, the 2015 renewable energy tax credit extensions, and state programs supporting the adoption of clean energy technologies.

The Clean Power Plan targets have become a floor for forward-looking states and companies that acknowledge the Clean Power Plan was a first step towards realizing the promise of a low-carbon power sector.

Yet this shift towards clean energy – driven by market forces and accelerating subnational action – is no substitute for decisive federal action that will ensure continued and accelerated progress in achieving the emissions reductions required to stem the tide of climate change.

The U.S. Energy Information Administration projects that without the Clean Power Plan, carbon emissions from the power sector will increase by 2030 – reversing the current downward trajectory in the United States and leaving the country behind as the global clean energy revolution continues.

To keep us moving forward, state and local officials are stepping up their game by cutting carbon pollution and switching to clean energy in spite of — and in direct response to — President Trump’s rollbacks.

  • Fourteen states and Puerto Rico, accounting for more than 10 percent of U.S. carbon emissions from the power sector, pledged as part of the new U.S. Climate Alliance to reduce their greenhouse gas emissions consistent with the goals of the Paris Agreement, as well as meet or exceed their Clean Power Plan targets.
  • 381 mayors (and counting) representing more than 67 million Americans also pledged to honor the Paris Agreement goals and work to meet the 1.5° Celsius global temperature target. Dozens of cities have committed to move to 100 percent clean energy.
  • Colorado Governor John Hickenlooper signed an executive order in July 2017 committing the state to slash greenhouse gas emissions to 26 percent below 2005 levels by 2026, consistent with U.S. goals under the Paris Agreement. “The vast majority of our residents, and indeed the country, expect us to help lead the way toward a clean and affordable energy future,” Governor Hickenlooper said in a press release.
  • Nine states comprising the Regional Greenhouse Gas Initiative (RGGI) in August announced a proposal to cut carbon pollution from the power sector an additional 30 percent between 2020 and 2030 – a 65 percent reduction below the original 2009 pollution cap. The proposal demonstrates bipartisan commitment to combat climate change, with five Republican and four Democratic governors helming the RGGI states (Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont). Meanwhile, both New Jersey gubernatorial frontrunners have pledged to rejoin RGGI after this year’s election.
  • Virginia regulators are working to establish a “trading-ready” program to slash power plant carbon emissions in response to an executive order Governor Terry McAuliffe signed in May 2017. “Today, I am proud to take executive action to cut greenhouse gases and make Virginia a leader in the global clean energy economy,” Governor McAuliffe said when he signed the order.
  • California affirmed its position as a global leader on climate progress with a bevy of actions in the past year. In September 2016, legislators passed SB 32, which requires the state to slash greenhouse gas emissions to 40 percent below 1990 levels by 2030. In July 2017, the state secured a 10-year extension to its landmark cap-and-trade program and strengthened tools to improve local air quality in a bipartisan effort. “All over the world, momentum is building to deal seriously with climate change,” Governor Jerry Brown said in July. “Despite rejection in Washington, California is all in.”
  • At least 20 states and the District of Columbia have adopted ambitious greenhouse gas reduction targets, with most aiming for an 80 percent reduction by 2050 below baselines ranging from 1990 to 2006. Twenty-nine states and D.C. have binding renewable portfolio standards in place, while eight more have set renewable portfolio goals. Twenty states have set mandatory energy efficiency targets, while eight more have set energy efficiency goals.

The nation’s largest power companies are similarly pledging to slash carbon pollution and deploy renewable energy resources as they embrace the rapid transition to a clean energy economy.

  • The CEO of American Electric Power (AEP), the country’s largest generator of electricity from coal, had this to say in response to President Trump’s decision to withdraw the U.S. from the Paris Agreement: “I think it’s really important for us to stay engaged from an international community standpoint, particularly addressing large issues. And not withstanding that, we’re continuing on our path of moving to a clean energy economy.” AEP has cut carbon pollution by 44 percent since 2005, and has plans to add more than eight gigawatts of wind and solar in the coming years.
  • Duke Energy, the nation’s largest power producer, this year announced plans to reduce carbon emissions to 40 percent below 2005 levels by 2030. “Our next major investment platform focuses on generating cleaner energy,” said CEO Lynn Good. “Our retirement of more than 40 older, less efficient coal units, coupled with the addition of clean natural gas plants and renewables, is driving our emissions reduction.”
  • DTE Energy Co. announced plans in May 2017 to curb its carbon emissions more than 80 percent by 2050 by closing coal-fired power plants and adding new gas-fired generation and renewables. “Not only is the 80 percent reduction goal achievable – it is achievable in a way that keeps Michigan’s power affordable and reliable,” DTE Chairman and CEO Gerry Anderson said. “There doesn’t have to be a choice between the health of our environment or the health of our economy; we can achieve both.”
  • Xcel Energy committed in June 2017 to achieving a 60 percent reduction in carbon emissions by 2030, relative to 2005 levels. In August, the company announced plans to retire two coal-fired units in Colorado, continuing its progress towards a cleaner generating portfolio. In addition, Xcel’s massive new investments in renewable energy –including a proposal to add 3,380 megawatts of wind generation across seven states –will help the company generate 40 percent of its energy from renewables by 2021.
  • Berkshire Hathaway Energy subsidiary MidAmerican Energy has announced a goal to provide 100 percent renewable energy, including a $3.6 billion project to add 2,000 megawatts of wind, which will expand wind energy to 85 percent of the company’s sales. Said CEO Bill Fehrman: “Our customers want more renewable energy, and we couldn’t agree more.”
  • Minnesota Power, a division of ALLETE, plans to provide 44 percent of its electricity from renewable resources by 2025. Said one executive, “We look forward to working with our customers and regulators to continue down the path toward a safe, reliable, cleaner and affordable energy future.”

The imperative of addressing climate change, overwhelming public support for climate action, and clear market trends towards lower-carbon energy resources are driving states, cities, and power companies to lead the way to a low-carbon future.

If governors, mayors, and power sector CEOs continue to take steps to reduce carbon pollution, they will realize the tremendous benefits of a clean energy economy — thousands of new jobs, critical public health protections, and increasingly resilient communities and infrastructure.

The Trump Administration’s effort to repeal the common-sense Clean Power Plan – its latest attack on life-saving safeguards for our children’s health – will not change the reality of climate change or the accelerating transition to an economy powered by low-carbon energy.

However, without a quick return to meaningful federal progress, the U.S. will fall further behind in the global clean energy revolution – one that could lead to shared prosperity and enormous opportunities for millions of Americans.

Posted in Clean Power Plan, Economics, Energy, Greenhouse Gas Emissions, News / Comments are closed

EDF, coalition partners urge the D.C. Circuit to decide the Clean Power Plan case

By / Bio / Published: May 16, 2017

Environmental Defense Fund and fourteen other public health and environmental organizations filed a brief yesterday urging the United States Court of Appeals for the D.C. Circuit to issue a decision on the merits in the litigation over the Clean Power Plan – America’s only nationwide standards limiting harmful carbon pollution from existing fossil fuel power plants.

Other parties supporting the Clean Power Plan also filed briefs, including 18 states and 7 municipalities, power companies representing nearly 10 percent of the nation’s generation, and associations representing America’s vibrant $200 billion clean energy industry.

The latest filings all respond to a recent D.C. Circuit order which temporarily suspended the litigation and directed the parties to submit briefs on whether to continue the suspension (known as an “abeyance”) or terminate the case and hand the matter back to the Environmental Protection Agency (EPA) for further review (known as “remand”).

This order addressed a motion filed by the Trump Administration on March 28, which asked the court to suspend the Clean Power Plan litigation indefinitely and refrain from deciding the legal merits of the Clean Power Plan.

Here’s what’s at stake at this critical juncture in the Clean Power Plan litigation – and a few things we can count on regardless of how the court rules on yesterday’s filings.

 Real World Consequences for Healthier Air and a Safer Climate

The briefs have vital real-world consequences for everyone who cares about healthier air and a safer climate.

As legal experts have noted, the Administration’s move is a brazen, eleventh-hour attempt to prevent the D.C. Circuit from issuing a timely opinion on legal issues that are central to EPA’s responsibility under the Clean Air Act to protect the public against climate pollution. The Administration filed its March 28 motion almost a year after the parties submitted briefs in the case, and six months after ten judges of the D.C. Circuit held an exhaustive seven hour-long oral argument.

Because the Supreme Court voted 5-to-4 to temporarily block the enforcement of the Clean Power Plan while the courts reviewed the legal challenges, the Administration’s motion would also indefinitely delay the enforcement of these urgently needed and long-overdue limits on carbon pollution.

The Administration’s motion asked the court for an indefinite pause in the litigation while EPA undertakes the long process of reviewing – and likely rescinding or weakening – the Clean Power Plan. However, if the court declines to decide the central legal questions in this case now, the same issues would likely have to be re-litigated again after EPA has completed its review. This would add years of unnecessary delay at a time when the urgency of action to mitigate climate pollution has never been greater.

Americans have been waiting for protection from climate pollution from power plants for almost twenty years — with no relief:

  • In 1998, EPA’s General Counsel Jonathan Cannon concluded in a memorandum to the EPA Administrator that EPA has authority to regulate carbon dioxide from power plants under the Clean Air Act – but EPA took no action to address the issue.
  • In 2003, environmental organizations filed a complaint against EPA in federal district court seeking carbon dioxide standards for fossil fuel-fired power plants under section 111 of the Clean Air Act.
  • In 2006, states and environmental organizations filed a legal challenge in the D.C. Circuit to EPA’s failure to establish carbon dioxide standards for power plants under the Clean Air Act.
  • In 2007, the Supreme Court issued its landmark decision in Massachusetts v. EPA, which affirmed that climate pollution is subject to regulation under the Clean Air Act. The D.C. Circuit then remanded the 2006 lawsuit to EPA to address the issue of establishing carbon dioxide standards for power plants.
  • In 2010, states, public health, and environmental organizations reached a settlement with EPA in which the agency committed to finalizing carbon pollution standards for new and existing power plants by 2012 – a deadline that the agency failed to meet.
  • In 2011, the Supreme Court relied on EPA’s authority under section 111 of the Clean Air Act as a basis for dismissing suits filed by states for common law damages against some of the nation’s most polluting power companies — holding that section 111 “speaks directly” to the problem of climate pollution from power plants.
  • In 2015, after almost two years of intensive public outreach and after considering millions of public comments — and using its authority under section 111 of the Clean Air Act — EPA adopted the Clean Power Plan.
  • In 2016, a closely divided Supreme Court voted 5-to-4 to temporarily block the enforcement of the Clean Power Plan pending judicial review of the merits.

Affected communities and vulnerable populations have waited long enough for action to protect our health and climate, while more and more climate pollution is accumulating in the atmosphere. That’s why the court should decide this case now rather than leaving climate protection in long-term legal limbo.

The Urgent Need for Limits on Carbon Pollution from the Nation’s Power Plants

The Clean Power Plan is a common sense climate and public health protection that will carbon reduce pollution from one of the nation’s largest sources, saving thousands of lives each year and protecting the health of all Americans.

The Clean Power Plan gives states and power companies tremendous flexibility in deciding how to reduce carbon pollution, including through cost-effective energy efficiency measures that save families money. Investments in clean energy and energy efficiency are already growing rapidly, employing over three million Americans and bringing hundreds of millions of dollars in revenue each year to low-income and rural areas.

That’s why a strikingly broad and diverse coalition emerged to defend the Clean Power Plan in court. The coalition includes: eighteen states and sixty municipalities; power companies that own and operate nearly ten percent of the nation’s generating capacity; leading businesses like Amazon, Apple, Google, Mars, and IKEA; former Republican heads of EPA; public health and environmental organizations; consumer and ratepayer advocates; faith organizations; and many others.

Coal producers, coal-intensive power companies, and their political allies have waged a massive, years-long litigation effort to thwart any limits whatsoever on climate-destabilizing pollution from power plants. Their campaign recently got an assist when the Trump Administration issued an executive order on March 28 that took aim at the Clean Power Plan and many other vital clean air protections.

In response to that executive order, an extraordinary array of leading businesses, faith leaders, medical associations, state and municipal officials, and other stakeholders have spoken out against the Administration’s threats to climate and health protections or vowed to continue moving towards a low-carbon future.

In recent weeks, dissent has emerged even within the coalition challenging the Clean Power Plan: North Carolina formally withdrew its challenge to the Clean Power Plan on February 23.

Millions of Americans in red and blue states – including a majority of Americans in every Congressional district in the country – support strong action to reduce carbon pollution from existing power plants. This public chorus reflects an understanding of the growing hazards of climate change, which is already affecting public health and well-being in a host of ways.

America has been demanding action from EPA since 2003, has been told multiple times by the Supreme Court that EPA has authority to act, and is now counting on the D.C. Circuit to resolve key legal questions about the scope of that authority. For that reason, our brief argues that the most fair and efficient course of action for the Court is to resolve those questions now.

EPA is Required to Act. It’s Up to All of Us to Make Sure EPA Fulfills That Obligation

Regardless of how the Court rules on today’s filings, a few critical facts will remain unchanged:

  • EPA has a clear legal obligation to protect the public from carbon pollution. The Supreme Court has affirmed EPA’s authority to regulate greenhouse gases under the Clean Air Act three times since 2007, including EPA’s authority to limit carbon pollution from power plants under the Clean Air Act provision that is the basis for the Clean Power Plan.
  • EPA’s carbon pollution standards for new power plants remain in full force and effect. Separate from the Clean Power Plan, EPA adopted carbon pollution standards for new, modified, and reconstructed fossil fuel-fired power plants in August 2015. Although those standards have also been the target of legal challenges by polluters and their allies, the enforcement of those standards has not been blocked by the courts.  They will remain in full force and effect regardless of how the Court acts.
  • EPA can’t roll back the Clean Power Plan or the carbon pollution standards for new power plants without public comment or judicial review. Even if the court declines to issue an opinion and instead suspends the litigation or remands the rule to EPA, the Clean Power Plan would still be the law of the land. Any attempt to withdraw or modify the Clean Power Plan (or the carbon pollution standards for new power plants) would first have to go through the same rigorous public notice and comment process that EPA carefully followed in adopting them. Such changes would also be subject to judicial review in the federal courts, and would be set aside if they are contrary to the Clean Air Act or do not rest on sound technical and policy foundations.

Americans all across the country are demanding an end to the era of unlimited carbon pollution from power plants.

In the face of the Trump Administration’s assault on common sense protections, the Environmental Defense Fund is ready to fight harder than ever for healthier air and a safer climate for our children.

Posted in Clean Air Act, Clean Power Plan, EPA litgation, News, Partners for Change, Policy / Comments are closed

Scott Pruitt wants to end his own Clean Power Plan lawsuit—but can’t set aside EPA’s duty to protect the public from climate pollution

By / Bio / Published: May 4, 2017

(This post was co-authored by Tomas Carbonell)

Before he became Administrator of the Environmental Protection Agency (EPA), Scott Pruitt was relentless in suing to oppose the Clean Power Plan, America’s first-ever nationwide limits on carbon pollution from power plants.

So relentless, in fact, that as Attorney General of Oklahoma he brought suit four times to block these common sense, cost-effective protections—including litigating to block the proposal, before the Clean Power Plan was even finalized.

Given that history, you’d think that Pruitt would be eager to for the U.S. Court of Appeals for the D.C. Circuit Court to continue the current litigation over the Clean Power Plan, which Pruitt helped initiate when he was Attorney General.

Instead, the Trump Administration launched a full-court press to stop the court’s deliberations in their tracks.

The administration filed a motion on March 28 asking the court to suspend the litigation indefinitely – almost a year after the last briefs were filed in the case, and more than six months after oral argument took place before the full en banc court.

Why the sudden aversion to the court considering the case, after such a long history of litigating?

Perhaps Pruitt was afraid that the court would see the Clean Power Plan for what it is – a common sense and achievable plan, firmly grounded in the law and in science, which responds to the most urgent environmental challenge of our time.

Pruitt repeatedly argues that the reason to repeal the Clean Power Plan is because it is “illegal.” Without a D.C. Circuit opinion, all we have are his own claims on that point – and maybe Pruitt prefers it that way, given his poor record in past legal challenges to common sense EPA safeguards.

Whatever the reason, Pruitt pressed ahead to stop the very same case he was instrumental in creating. Last week, the D.C. Circuit partially granted his request. The court put the Clean Power Plan litigation on hold for 60 days, and asked for more information so it can decide how to handle the case going forward.

EPA has a duty to protect Americans from dangerous climate pollution

While last week’s order is disappointing, it has not changed the fact that EPA has a clear duty to act under our nation’s clean air laws to protect the public from harmful climate pollution. That duty is enshrined in three separate Supreme Court opinions that confirm EPA has the authority and responsibility to address climate pollution under the Clean Air Act.

EPA’s obligation to address climate pollution under the Clean Air Act is a settled question in American law. And EPA’s history of successfully addressing climate pollution from cars and other sources speaks for itself.

The Clean Power Plan itself has a rock solid legal and technical foundation – as recognized by a huge and varied coalition of supporters including former Republican EPA Administrators, the attorneys general of eighteen states, legal experts who helped draft the Clean Air Act, and the nation’s leading experts on the power grid.

As these experts recognize, the Clean Power Plan relies on strategies that are already being deployed successfully across the power sector—continuing and amplifying a transition to low- and zero-carbon energy that is reducing climate-destabilizing pollution while bringing jobs and economic opportunities to communities across the country. America’s clean energy sector is a rapidly growing $200-billion industry that employs 3.3 million Americans.

Regardless of any legal maneuvers, the fundamental truth remains – EPA has a duty to act to protect the public from dangerous climate pollution. Given the clear and present threat that climate change poses to the well-being of communities across America, this duty is urgent.

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