Climate 411

A Big Week in Court for the Clean Power Plan: Defenders of the Historic Measure File Briefs

By Tomas Carbonell / Published: March 28, 2016
source: Flickr

source: Flickr

This is a big week for those of us fighting to protect the Clean Power Plan in court.

The U.S. Court of Appeals for the D.C. Circuit is preparing to hear arguments on the merits of the historic measure to reduce climate pollution and protect public health. Opponents are challenging the Environmental Protection Agency’s (EPA) plan, and they won an emergency stay from the Supreme Court – but no court has yet heard the case on its merits. The merits are being briefed now before the D.C. Circuit Court, which will hold oral argument on June 2nd.

Supporters of the Clean Power Plan file briefs with the D.C. Circuit Court this week.

EPA filed its response to challengers today, writing:

The [Clean Power Plan] will secure critically important reductions in carbon dioxide (“CO2”) emissions from what are by far the largest emitters in the United States—fossil-fuel-fired power plants. CO2 and other heat-trapping greenhouse-gas emissions pose a monumental threat to Americans’ health and welfare by driving long-lasting changes in our climate, leading to an array of severe negative effects, which will worsen over time. These effects include rising sea levels that could flood coastal population centers; increasingly frequent and intense weather events such as storms, heat waves, and droughts; impaired air and water quality; shrinking water supplies; the spread of infectious disease; species extinction; and national security threats …

The Clean Air Act … provides the Environmental Protection Agency (“EPA”) well-established authority to abate threats to public health and welfare by limiting the amount of air pollution that power plants pump into the atmosphere. For decades, a host of CAA regulatory programs have limited various pollutants emitted by these plants …

This critically important Rule marks a significant step forward in addressing the Nation’s most urgent environmental threat. Fossil-fuel-fired power plants are, far and away, the largest stationary sources of CO2 pollution, and no meaningful effort to abate climate change can fail to address them. EPA’s authority and responsibility under Section 111(d) to control this pollution is well-established and was central to the Supreme Court’s holding in AEP that ‘the [CAA] and the EPA actions it authorizes displace any federal common-law right to seek abatement of [CO2] emissions from fossil-fuel fired power plants.’ 564 U.S. at 424. EPA has properly performed its Congressionally assigned task to limit this pollution …

The [Clean Power Plan] reflects the eminently reasonable exercise of EPA’s recognized statutory authority. It will achieve cost-effective CO2 reductions from an industry that has already demonstrated its ability to comply with robust pollution-control standards through the same measures and flexible approaches. The Rule fulfills both the letter and spirit of Congress’s direction in the Act, and the petitions should be denied. (Pages 1, 3 and 25; Read the full brief here)

Environmental Defense Fund is a party to the case and will file a brief in support of the Clean Power Plan tomorrow, along with a broad and diverse coalition that includes numerous states, cities, power companies, clean energy companies, public health and medical associations, and environmental organizations.

A wide range of supporters will file amicus, or “friend of the court,” briefs on Friday, April 1st.

The Clean Power Plan

The U.S. Environmental Protection Agency (EPA) effort is the single biggest step America has ever taken to address the threat of climate change. It established the first-ever national limits on carbon pollution from fossil-fuel fired power plants.

Fossil fuel-fired power plants are the largest source of greenhouse gas emissions in the United States, accounting for almost 40 percent of the country’s carbon pollution. There is enormous potential for the power sector to reduce pollution by shifting to clean sources of energy – with immense attendant benefits for the health of our families and communities, for creating jobs and strengthening the American economy, and for safeguarding our planet for our children.

EPA estimates that by 2030, the Clean Power Plan will:

  • Reduce carbon pollution from existing power plants 32 percent below 2005 levels
  • Save 3,600 lives annually
  • Prevent 90,000 childhood asthma attacks annually
  • Save American families almost $85 on their annual energy bill

The standards not only have huge benefits, they are eminently achievable. On a national basis, the power sector has already reduced carbon pollution emissions by 15 percent since 2005, a faster rate of reduction than the Clean Power Plan requires.

The Clean Power Plan gives states extensive flexibility to forge pollution-reduction strategies tailored to their individual needs and economic opportunities. In fact, many states around the country – including some that are suing to stop it — are already well on their way towards meeting the emission limits set forth in the Clean Power Plan.

History of the Case

Opponents of the Clean Power Plan, including major emitters of harmful carbon pollution, started suing to stop it before EPA even finished writing it. (Various courts threw out those lawsuits).

Opponents unsuccessfully petitioned the D.C. Circuit Court for an emergency stay. After two months of briefing and weeks of careful review, a unanimous panel of the D.C. Circuit Court denied motions to stay the Clean Power Plan on January 21st of this year. The court also set an expedited schedule to hear lawsuits on its merits.

In a highly unusual decision, the Supreme Court then overruled the unanimous D.C. Circuit Court panel by a 5-to-4 vote, and granted an emergency stay of the Clean Power Plan. However, the Supreme Court’s order was not a decision on the merits of the case. It put the Clean Power Plan on pause, but it did not rule against it.

Leading legal experts have explained that the stay does not require EPA to stop all work related to the Clean Power Plan, nor does it require postponement of compliance deadlines – see this well-reasoned piece by New York University Law School dean emeritus Richard Revesz.

The Clean Power Plan Rests on a Solid Legal and Technical Foundation

EPA’s authority – and responsibility – to regulate carbon pollution from the power sector under the Clean Air Act is well-established.

The Supreme Court has affirmed EPA’s authority to regulate greenhouse gases under the Clean Air Act three times since 2007. In American Electric Power v. Connecticut (2011), the Supreme Court specifically held that section 111(d) of the Clean Air Act – the provision that underlies the Clean Power Plan – “speaks directly” to the regulation of carbon pollution from existing power plants.

This conclusion was, in fact, stated before the Supreme Court by attorneys for some of the nation’s largest power companies – who declared unequivocally at oral argument that EPA has authority to regulate carbon pollution from the power sector under section 111(d):

We believe that the EPA can consider, as it’s undertaking to do, regulating existing nonmodified sources under section 111 of the Clean Air Act, and that’s the process that’s engaged in now… Obviously, at the close of that process there could be APA challenges on a variety of grounds, but we do believe that they have the authority to consider standards under section 111. – (Counsel for petitioners in AEP v. Connecticut)

As required by the Clean Air Act, EPA also exhaustively analyzed the Clean Power Plan to ensure that it is based on the best available technical information and will not compromise the affordable, reliable supply of electricity. EPA’s review of the millions of comments it received on every aspect of the proposed version of the Clean Power Plan has only strengthened the technical foundations of the final rule.

The Clean Power Plan Has Extraordinarily Broad Support

A broad and diverse group of entities has been standing up for the Clean Power Plan in court, and are expected to be among an even larger group filing this week. Some of these groups, including EDF, are parties to the case. Others will be filing as friends of the court.

The list of supporters includes:

  • The National League of Cities, the U.S. Conference of Mayors, and the cities of Baltimore (MD), Coral Gables (FL), Grand Rapids (MI), Houston (TX), Jersey City (NJ), Los Angeles (CA), Minneapolis (MN), Portland (OR), Pinecrest (FL), Providence (RI), Salt Lake City (UT), San Francisco (CA), West Palm Beach (FL) and Boulder County (CO).
  • 18 states and seven other cities – including New York, Chicago, and Philadelphia.
  • Power Companies – including Calpine, National Grid Generation, Southern California Edison and the cities of Austin (TX) and Seattle (WA) which are engaging through their municipal power departments.
  • Leading medical and public health associations like the American Lung Association, the American Thoracic Society, and the American Medical Association.
  • The Institute for Policy Integrity at New York University Law School.
  • Two former EPA Administrators who served under Republican Presidents Nixon, Reagan and George H.W. Bush.
  • A number of former state energy and environmental regulators, including a former Chairman of the Federal Energy Regulatory Commission and former officials from several of the states whose attorney generals are challenging the rule.
  • A host of clean energy companies represented by Advanced Energy Economy and the national wind and solar associations, on behalf of America’s $200 billion clean energy industry.

States and Power Companies are Moving Ahead to Cut Dangerous Carbon Pollution

After the Supreme Court’s unprecedented decision to stay the Clean Power Plan, many states and power companies are continuing to expeditiously move forward with compliance planning and stakeholder engagement.

More than twenty states across the country – both states that oppose the Clean Power Plan and states that are strongly supportive — have indicated they are going to continue forward with the specifics of compliance planning, or have indicated they will stay on course to meet emissions reductions obligations. For example:

Colorado’s Department of Public Health and Environment said:

[I]it is prudent… to move forward during the litigation to ensure that the state is not left at a disadvantage… because the Supreme Court did not say whether the stay would change the rule’s compliance deadlines, Colorado could lose valuable time if it delays its work on the state plan and the rule is ultimately upheld.

New Mexico’s Environment Secretary Ryan Flynn said in a statement:

[D]espite capricious political winds, the New Mexico Environment Department remains committed to taking meaningful action to reduce greenhouse gases by a projected 5.7 million tons by the end of 2017.

South Carolina has also indicated it expects to continue work to decarbonize the state’s power industry, an effort which began two years ago.

Power companies across the country echo these sentiments, with many clearly recognizing that it is high-risk strategy for states to put down their pencils. In addition to creating unnecessary regulatory risk for companies making investment decisions, many companies are committed to moving forward with emissions reduction strategies.

American Electric Power, an electricity provider and one of the country’s top coal users, says the court case:

[D]oesn’t change our focus on the diversification of our generation fleet, [and]  those diversification plans include more natural gas and renewables.

The many and diverse supporters of the Clean Power Plan recognize that climate change is a threat to all of us, and that we must take action to address that threat. Allowing power plants to discharge unlimited amounts of carbon pollution into our air is a clear and present danger to public health, the environment and our economy, and we cannot allow it to continue. EDF is proud to be part of this vibrant group of supporters.

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

The Broad and Diverse Coalition That Is Supporting the Clean Power Plan in Court

By Vickie Patton / Published: December 24, 2015
Minneapolis -- one of 14 cities and counties that just announced legal support for the Clean Power Plan.

Minneapolis — one of 14 cities and counties that just announced legal support for the Clean Power Plan. Source Flickr/m01229.

The National League of Cities, the U.S. Conference of Mayors, and the cities of Baltimore (MD), Coral Gables (FL), Grand Rapids (MI), Houston (TX), Jersey City (NJ), Los Angeles (CA), Minneapolis (MN), Portland (OR), Pinecrest (FL), Providence (RI), Salt Lake City (UT), San Francisco (CA), West Palm Beach (FL) and Boulder County (CO) all filed a motion with the U.S. Court of Appeals for the D.C. Circuit to help defend the Clean Power Plan as amici curiae  — or “friends of the court.” (The news was announced by the Sabin Center for Climate Change Law at Columbia University Law School – you can read their press release here.)

According to the motion filed by the cities:

The Local Government Coalition and its member national associations and local governments seek to participate as amici curiae to support their common view that the Clean Power Plan is a valid exercise of EPA’s authority and represents a reasonable interpretation of the ‘best system of emissions reduction’ standard established under Section 111(d) of the Clean Air Act. (Page 8)

That impressive group of cities joins a tremendously broad group of entities that are standing up for the Clean Power Plan. Some of these groups, including EDF, are parties to the case; others have filed as friends of the court or have filed supportive declarations:

  • 18 states and seven other cities – including New York, Chicago, and Philadelphia – already filed with the court in support of these vital clean air safeguards.
  • Power Companies – including Calpine, NextEra, National Grid Generation and many others– are supporting the Clean Power Plan, and the cities of Austin (TX) and Seattle (WA) are joining in that support through their municipal power departments.
  • Public health groups like the American Lung Association, the Institute for Policy Integrity at New York University Law School, two former EPA Administrators who served under Republican Presidents Nixon, Reagan and George H.W. Bush, and environmental advocates – including EDF – are showing their support as well.
  • A host of clean energy companies represented by Advanced Energy Economy and the national wind and solar associations weighed in on behalf of America’s $200 billion clean energy industry.
  • Google, a major power consumer, filed a declaration in support for the Clean Power Plan, highlighting that it reinforces the company’s conclusion that purchasing renewable energy makes “good business sense” because of its “low and stable marginal cost.”
  • More than six dozen experts have filed declarations with the court in support of the Clean Power Plan, including: former Secretary of State Madeleine Albright; Larry Soward, who led environmental policy under Texas Governor Rick Perry; Sue Tierney of Analysis Group, a leading energy and environmental expert; former FERC Chairmen from both sides of the aisle, including Joseph Kelliher who served under President George W. Bush; and the Rev. Sally Bingham of Interfaith Power & Light, and many others. (The declarations in support of the Clean Power Plan can be found here.)
  • The National Nurses Union, our country’s largest professional association of registered nurses, highlighted the real world impacts of climate change and air pollution on community health, from asthma attacks to natural disasters
  • Ron Busby, head of the U.S. Black Chambers, underscored the economic opportunities and electricity bill savings that American communities can realize under the Clean Power Plan.

It’s no surprise that the Clean Power Plan is winning such support. The U.S. Environmental Protection Agency (EPA) effort is the single biggest step America has ever taken to address the threat of climate change. It builds on our nation’s tremendous success in addressing soot and smog pollution from existing power plants, as well as our recent breakthrough progress in cutting greenhouse gas emissions from cars and trucks.

EPA estimates that by 2030, the Clean Power Plan will:

  • Reduce carbon pollution from existing power plants 32 percent below 2005 levels
  • Save 3,600 lives annually
  • Prevent 90,000 childhood asthma attacks annually
  • Save American families almost $85 on their annual energy bill

The Clean Power Plan will accomplish all this while building on the economic growth and job creation we’re already experiencing from the ongoing expansion of cost-effective clean energy nationwide.

The Clean Power Plan also gives states extensive flexibility to forge pollution-reduction strategies tailored to their individual needs and economic opportunities.

Opponents of the Clean Power Plan, including major emitters of harmful carbon pollution, started suing to stop it before EPA even finished writing it. (Various courts threw out those lawsuits). Their litigation — brought before they had even reviewed the final standards on the merits — illuminated objections that are highly reflexive.

The many and diverse supporters of the Clean Power Plan recognize that climate change is a threat to all of us, and that we must take action to address that threat. Allowing power plants to discharge unlimited amounts of carbon pollution into our air is a clear and present danger to public health, the environment and our economy, and we cannot allow it to continue. EDF is proud to be part of this vibrant group of supporters.

(Read more about the Clean Power Plan, and find all the legal briefs in the case, on our website.)

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

Votes Reveal Increasing Senate Support for Clean Power Plan — Resolutions to Block It Are Going Nowhere

By Jeremy Symons / Published: November 17, 2015
US_Capitol_Building_at_night_Jan_2006

Courtesy: Wikipedia

It can be hard to interpret political maneuvering inside the Washington Beltway, and today’s Senate votes on the U.S. Clean Power Plan are no exception. So take it from someone who keeps a close eye on these votes in Congress — this was a good day for the Clean Power Plan, for U.S. climate leadership, and for a clean energy future.

Why?

Because today’s votes showed that the Clean Power Plan has gained support in the Senate since a test vote earlier this year.

More importantly, today’s votes demonstrated that the Senate is well short of what is needed if Senators truly want to stop the Clean Power Plan from taking effect.The measures that were passed narrowly today (52-to-46) are going nowhere. President Obama will veto these efforts to undo the Clean Power Plan, and there are more than enough supporters of the plan in Congress to sustain the veto.

The Clean Power Plan is a Clean Air Act initiative to cut dangerous carbon pollution from power plants and spur growth in clean energy. It is an important part of America’s leadership strategy on climate change, which is helping not only to accelerate the transition to clean energy here at home but also to inspire actions by other nations, including China. With world leaders set to convene global talks on climate change in the coming weeks, it’s important to put today’s votes in context.

For two years — even as the U.S. Environmental Protection Agency was developing the Clean Power Plan — Senate Leader Mitch McConnell of Kentucky has been promising to block the rules any way he could. In March, he launched a symbolic attack on the Clean Power Plan that passed the Senate 57-43.

In today’s vote, which was based on an infrequently used procedure called the Congressional Review Act, McConnell’s margin of victory grew smaller. Three Republicans (Senators Kelly Ayotte of New Hampshire, Susan Collins of Maine and Mark Kirk of Illinois) broke from McConnell and supported the Clean Power Plan.

Since the rule’s release this summer, public support for limits on carbon pollution have only increased. According to a Public Policy poll done this month, 60 percent of voters in Iowa support the Clean Power Plan, while 70 percent of voters in Illinois and 64 percent in Virginia support it.

The Clean Power Plan comes at a time when shifts in technology are opening new pathways to clean energy. Even utility companies recognize that a fundamental shift has taken place. The CEO of one of America’s largest coal burning power companies, AEP, recently said he views the Clean Power Plan as a:

catalyst for the transformation that’s already occurring in our industry

The Clean Power Plan is also just one element of a bigger turning point in American policy on clean energy and climate in recent years. The adoption, a few years ago, of dramatically increased gas mileage standards and greenhouse gas limits for cars is no longer a matter of controversy. States like California and a consortium of nine northeastern states are demonstrating that market-based climate pollution limits are good for economic growth.

The bottom line is that today’s votes to “overturn” the Clean Power Plan were all about political theater. Everyone involved knows the congressional resolutions will ultimately fail, so it’s a free vote for politicians who want to appeal to a relatively narrow slice of the electorate.

The larger narrative, which is the transformation of the United States into a global leader to protect the next generation from climate pollution, is the real story.

Posted in Clean Air Act, Clean Power Plan, Climate Change Legislation, International, Policy / Comments are closed

A Growing Number of Experts Affirm the Strong Legal Basis for the Clean Power Plan

By Tomas Carbonell / Published: November 10, 2015

rp_Gavel_iStock000003633182Medium1-300x199-300x199.jpgSince it was enacted in 1970, the Clean Air Act has protected public health and dramatically reduced air pollution at the same time as the economy has grown by leaps and bounds.

Many of the major Environmental Protection Agency (EPA) actions that have been most vital to this progress were subject to hard-fought — and largely unsuccessful — legal challenges.

The Clean Power Plan, which establishes the nation’s first limits on carbon pollution from fossil fuel-fired power plants, is no exception. Dozens of lawsuits challenging the Clean Power Plan have been filed since the rule was published in the Federal Register – and a large coalition of states and municipalities, public health and environmental organizations, leading power companies, and clean energy providers have moved to defend the Clean Power Plan against these challenges.

Fortunately, EPA has a long history of successfully defending its rules against legal attacks – and the Clean Power Plan is on similarly strong legal footing.

Leading law enforcement officials, former EPA officials from Administrations of both parties – including the Administrator and the General Counsel in President George H.W. Bush’s Administration — and prominent legal scholars have concluded that the Clean Power Plan is firmly within EPA’s long-standing authority under the Clean Air Act.

Statements on the Final Clean Power Plan:

The EPA’s Clean Power Plan is a critical step forward in responding to the threat of climate change. The rule is firmly grounded in science and the law. The rule incorporates successful strategies New York and other states have used to cut climate change pollution from power plants while maintaining electricity reliability, holding the line on utility bills, and growing our economies. We are committed to aggressively defending the Clean Power Plan to ensure progress is made in confronting climate change. — Attorneys General of New York, California, Connecticut , Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Minnesota, New Hampshire, New Mexico, Oregon, Rhode             Island, Vermont, Washington, Massachusetts, Virginia, and the District of Columbia; attorneys for the cities of Boulder, Chicago, New York, Philadelphia, and South Miami; and the attorney for Broward County, Florida, A.G. Schneiderman Leads Coalition of 25 States, Cities and Counties in Defense of EPA’s Clean Power Plan, November 4, 2015

[The Clean Power Plan] is exactly what cooperative federalism looks like…It is the EPA recognizing the states’ leadership, giving states the opportunity to employ and use strategies that … are working. — Maura Healey, Attorney General of Massachusetts, Attorneys General Explain Why 18 States are Defending EPA’s Clean Power Plan, SNL, November 4, 2015

The country needs to reduce CO2 from existing power plants which generate 40% of America’s CO2. The rule is needed, and the courts we hope will recognize that it is on the right side of history. — William K. Reilly, former EPA Administrator under President George H.W. Bush, and William D. Ruckelshaus, former EPA administrator under Presidents Nixon and Reagan, Former EPA Administrators Reilly and Ruckelshaus Issues Statement Regarding the EPA’s Clean Power Plan, October 23, 2015

North Carolina’s Clean Smokestacks Act, our renewable energy standard and other utilities, environmentalists, businesses and consumer advocates. Our state is in a great position to bring these and other stakeholders together once again to work with the EPA to devise our own plan to protect North Carolina’s air and promote economic growth… I encourage the [North Carolina General Assembly] to avoid the path of litigation and instead work on a cooperative effort we can all be proud of. — Roy Cooper, Attorney General of North Carolina, Letter to leaders of the North Carolina General Assembly, Aug. 7, 2015

Opponents of the Clean Power Plan have already sued twice before to strike down this rule, only to have their challenges thrown out as premature. This time, judges will hear their arguments, but the arguments hold little legal merit. — Prof. Richard Revesz, New York University School of Law, and Denise Grab, Senior Attorney at the Institute for Policy Integrity at New York University School of Law, Noise Trumps Logic in Clean Power Plan Lawsuits, The Hill, October 27, 2015

[T]he government is on solid legal footing to defend the Clean Power Plan. — Profs. Jody Freeman and Richard J. Lazarus, Harvard Law School, The Biggest Risk to Obama’s Climate Plan May Be Politics, Not the Courts, The Guardian, August 5, 2015

In many of the air pollution programs, EPA is directed to consider some combination of the cost of compliance and the practicability of the means of compliance when setting standards…The [New Source Performance Standards and Clean Power Plan] fit well within these statutory parameters: they bring about net economic benefits, they promote cleaner air, and they can be achieved within the existing landscape of how electricity is generated and transmitted. — Prof. Emily Hammond, George Washington University Law School, Testimony before the Energy and Commerce Committee, U.S. House of Representatives, October 22, 2015

[T]he EPA stands an excellent chance of prevailing in this epic showdown. And for the good of the planet and the welfare of future generations, one can only hope it will. — Prof. Patrick Parenteau, Vermont Law School, The Clean Power Plan Will Survive: Part 2, Law360, September 29, 2015

Many experts have also concluded that requests for courts to block (or “stay”) the Clean Power Plan during the period of litigation are likely to fail.

Statements Refuting the Need for a Stay of the Clean Power Plan:

I think the deadlines [in the Clean Power Plan] are sufficiently far in the future that there’s no need for a stay here, the court is certainly going to be able to decide this case before the deadlines. — Robert Percival, Robert F. Stanton Professor of Law and Director, Environmental Law Program, University of Maryland, Francis King Carey School of Law, EPA, Clean Power Plan Foes Gird For Court Fight, Law360, August 3, 2015

[T]he EPA’s rule includes generous compliance deadlines . . . Challengers will be hard-pressed to persuade anyone they merit a stay. — Profs. Jody Freeman and Richard J. Lazarus, Harvard Law School, The Biggest Risk to Obama’s Climate Plan May Be Politics, Not the Courts, The Guardian, August 5, 2015

Experts have remarked on the Clean Power Plan’s bedrock legal authority throughout its creation – from when it was first proposed.

Statements on the Proposed Clean Power Plan:

The EPA has authority under the 1990 Clean Air Act, an authority affirmed by the U.S. Supreme Court, to set these public health protections against carbon pollution. — Carol M. Browner, former EPA Administrator under President Bill Clinton, and Alex Laskey, With New Power Plant Rules, Energy Efficiency Checks All the Boxes, The Hill, June 2, 2014

Critics of the [Clean Power Plan] say that President Obama is making an end run around Congress, stretching the law to achieve by executive action what he could not accomplish through the legislative branch. This is flat wrong. More than four decades ago, Congress expressed its clear desire to regulate pollution from power plants, in the form of the Clean Air Act. I know, because I worked on the legislation, including the key part of the act—Section 111—that the Obama administration is using to justify its move. — Leon Billings, former Chief of Staff to Sen. Edmund Muskie and staff director of the Senate Environment Subcommittee during the drafting of the Clean Air Act, The Obscure 1970 Compromise That Made Obama’s Climate Rules Possible, Politico, June 2, 2014

Limiting Greenhouse Gas emissions from existing power plants is the next logical step after the Supreme Court and other courts have upheld EPA’s authority and obligation to address this issue. A system-wide approach provides needed flexibility and reduces costs, as well as encouraging investment in lower-emitting generation. EPA has wisely left the states a lot of discretion rather than mandating specific measures as some had wanted. — E. Donald Elliott, EPA General Counsel under President George H.W. Bush, Obama’s Section 111d Plan Has Support From George H.W. Bush’s EPA General Counsel, Utility Executives, Legal Planet, June 1, 2014

[I]t is important to be clear here: the President is required to issue the rules, required by law and by the interpretation of the law by the highest Court in the land. — Prof. Ann Carlson, UCLA School of Law, Obama Has To Issue Climate Change Rules — The Law Says So, Talking Points Memo, May 30, 2014

Posted in Clean Air Act, Clean Power Plan, EPA litgation, Policy / Comments are closed

These three states have a head start on the Clean Power Plan. You’d never guess who they are

By Keith Gaby / Published: November 10, 2015
This solar energy plant in Nevada can power 75,000 homes during peak demand and will generate $73 million in tax revenues over 20 years. Source: Solar Reserve.

Everyone in Colorado skis, all Oklahomans can rope a calf, and native New Jerseyans like me all talk like Pauly D did on Jersey Shore. Right?

You may also stereotype when it comes to clean energy: Progressive states such as California are pumping out clean, renewable energy while others insist on clinging to old, dirty power plants. Well, it’s more complicated than that.

California, which has a market-based system for cutting carbon pollution, does lead the country. But a number of states, including notably Nevada, Texas and North Carolina, are also making great progress on clean energy – which may surprise some.

Their success is evidence that the supposed divide on clean power may be more about politics than economics and opportunities on the ground.

And that bodes well for the federal Clean Power Plan’s goal of reducing emissions from America’s power plants. Because if Texas is well-positioned to comply, why couldn’t other states do the same?

Energy policies that boost state economies

Texas, home of Big Oil, big hats, and JR Ewing, actually has more energy potential from resources sweeping over its prairies – in the form of wind and sunshine – than from those flowing underneath them. The state leads the nation in wind power and combined heat and power, and has the potential to generate more solar power than any other state.

If energy efficiency used by Austin Energy were extended across the state, it would reduce peak electricity growth by 40 percent, while keeping Texans as high-powered as ever.

Nevada, meanwhile, has also been smart about exploiting its huge solar energy potential. The state’s current renewable energy standard requires utilities to generate 25 percent of its power from renewable resources by 2025, with 6 percent coming from solar energy by 2016.

With more than 250 days of sunshine a year and abundant wind and geothermal energy potential, this goal is well within reach. Nevada’s forward-thinking energy policies and commitment to clean energy are part of the reason Tesla chose it as the location of its multi-billion dollar gigafactory to produce batteries for electric cars.

Finally, in North Carolina, tax credits and a modest renewable energy portfolio standard created opportunities to build a strong clean energy industry.

North Carolina is now one of the top four states in installed solar capacity and second behind California in large, utility-scale solar projects. Clean energy added nearly $5 billion to the state’s economy last year, and today provides nearly 23,000 jobs.

Earlier this year, tech giants like Google, Apple and Facebook told lawmakers that state policies “made North Carolina particularly attractive to [their] businesses.” Retail giants Walmart and North Carolina-based Lowe’s Home Improvement told lawmakers they want more choice and competition when it comes to energy.

North Carolina’s burgeoning clean energy economy suffered a set-back this year, however, when state lawmakers chose not to extend the tax credit – proving that state legislators are not required to take the Hippocratic Oath.

Back-track or invest in the future?

All this will make a big difference when it comes to implementing the Environmental Protection Agency’s Clean Power Plan, which gives each state a target and flexibility for cutting climate pollution.

As much as some leaders in the Lone Star State and elsewhere complain and sue over this rule, they are actually well on their way to meeting their goals under the plan. If state governments would only take advantage of the natural opportunities they have – be more like Nevada and less like the recent back-tracking in North Carolina – they’d be in great shape.

We need to protect ourselves from the trillions in potential damage that Citibank and others say we’d face from unchecked climate change, so the world is moving toward clean energy. Wouldn’t it be better if state political leaders, who have so much to gain and such an achievable path forward, put their efforts in to creating that future rather than clinging to the past?

Forward-looking leaders do, because stereotypes aside, it ultimately comes down to good economics.

This post originally appeared on our EDF+Voices blog.

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

States and Power Companies Lead the Way on the Clean Power Plan

By Mandy Warner / Published: November 6, 2015

The Clean Power Plan is now officially in business, and protecting the health and safety of all Americans.

The Clean Power Plan establishes America’s first-ever nationwide limits on harmful carbon pollution from our nation’s largest source, power plants. It builds on years of stakeholder engagement and input, and adopts a flexible approach that empowers states to develop their own individually tailored compliance plans that reflect their own policy priorities.

States have tremendous flexibility to minimize costs and maximize the public health and economic benefits of state-based solutions to reduce harmful carbon pollution.

States in the Driver’s Seat

Not surprisingly, states from Michigan to Colorado have recognized the benefits of submitting state-forged compliance plans under this flexible framework.

Despite misguided political efforts to pressure them to “just say no,” state officials are constructively engaging and developing solutions — and in the process, demonstrating leadership and innovation.

In the months since the Clean Power Plan was released, state policymakers have made clear that they intend to lead. Let’s take a closer look:

The Republican Governor of Michigan, Rick Snyder, indicating Michigan would comply with the Clean Power Plan, said:

The best way to protect Michigan is to develop a state plan that reflects Michigan’s priorities of adaptability, affordability, reliability and protection of the environment. We need to seize the opportunity to make Michigan’s energy decisions in Lansing…

Governor Tom Wolf of Pennsylvania said:

My administration is committed to making the Clean Power Plan work for Pennsylvania… Working with the legislature, industry leaders and citizens we will create a plan to ensure these new rules are applied fairly, allow for adjustments, and that they create economic opportunities for the commonwealth’s energy economy. Today’s plan sets ambitious but achievable goals for reducing carbon emissions statewide and addressing climate change in fair and smart ways that takes into account legitimate concerns of all parties.

Governor John Hickenlooper of Colorado said:

We realize these are ambitious goals and may be challenging for Colorado, but we have risen to these challenges before by developing a mix of cost-effective strategies across the energy spectrum. We will continue our work with utilities and communities to meet these new federal requirements while preserving affordable energy rates. Clean air is important to all of Colorado and building on the work that’s already done, we will continue on the path of improving our local air quality.

Governor Jerry Brown of California said:

I welcome this bold and absolutely necessary carbon reduction plan. California is fully engaged in tackling climate change, and we look forward to working with other states and the White House as we implement these new mandates.

Power Companies Are Working With States to Craft Compliance Plans

Major power companies have also recognized the opportunities available with home-grown compliance plans that fully harvest state flexibility and the potential of a low-carbon economy. Xcel Energy, for example, just announced plans to cut carbon emissions across its Northern States Power system by 60 percent by 2030, at negligible cost to consumers.

Calpine stated:

The Clean Power Plan represents a commitment to continuing the transition from carbon intensive generation to efficient, low-carbon generation …This flexible, market-based solution will reward the companies that invest and have invested smartly in cleaner generation. We applaud the EPA for its efforts throughout this collaborative process and look forward to working with the agency, states and other stakeholders as the rule is ultimately implemented.

Xcel Energy stated:

We appreciate the EPA’s willingness to work with stakeholders in developing this groundbreaking and complex set of regulations. It will take time to thoroughly review and assess the full impact of the rules. While we expect the Clean Power Plan does not provide everything we hoped for in terms of fully recognizing the early actions of proactive states and utilities, Xcel Energy is ready to move ahead. We look forward to working with our states in the best interest of our customers, ensuring we continue to meet their expectations for clean, reliable and affordable power.

PSEG stated they support the Clean Power Plan:

We are pleased with the recognition that energy efficiency is an important tool to reducing greenhouse gases. We understand states may be incentivized to promote energy efficiency for low-income customers as an early tool to reduce greenhouse gases. We believe utilities can play a critical role in making sure that all energy users — especially low and moderate income customers who need it most — have access to energy efficiency.

NV Energy stated, upon release of the final Clean Power Plan:

We supported the rule as it was proposed in June 2014, including the building block and flexible compliance concepts. We do not anticipate a significant impact on our customer rates as we move towards reliable renewable generation methods and reducing our emissions.

NextEra stated, upon Governor Snyder’s announcement:

As the nation’s leading renewable energy developer, owner and operator, with a significant presence in Michigan, we take great pride in developing and operating projects that are environmentally responsible and economically viable. We applaud Governor Snyder’s efforts and are in complete support of Michigan submitting a state implementation plan as part of EPA’s Clean Power Plan. We look forward to working with the State of Michigan and doing what we can to help the state cost-effectively meet the goals set out in the Clean Power Plan.

There is also broad business and investor support for the Clean Power Plan, with 365 companies from 29 states signing letters in support of the Clean Power Plan in July, saying:

Our support is firmly grounded in economic reality. Clean energy solutions are cost effective and innovative ways to drive investment and reduce greenhouse gas emissions. Increasingly, businesses rely on renewable energy and energy efficiency solutions to cut costs and improve corporation performance.

State officials, power companies, and businesses across the country recognize the importance of stepping up to the plate, thoughtfully shaping the path to reduce dangerous carbon pollution while charting their own clean energy future, and capitalizing on the substantial opportunity the Clean Power Plan presents.

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