Energy Exchange

EDF Provides Legal Support To Cities And Towns Fighting To Preserve Their Traditional Right To Zone Natural Gas Development

A recent state court ruling in Pennsylvania was a huge win for local communities’ rights to make zoning decisions about natural gas development within their borders. As we’ve mentioned before, EDF fully supports the traditional rights of local communities to regulate this intensive industrial activity, much as they would any other commercial or industrial activity in their community.

Yesterday, EDF joined an amicus brief with Earthjustice and over a dozen other organizations to support a state court ruling, which recently overturned a state law curtailing local government regulation of natural gas development. The brief urges the Supreme Court of Pennsylvania to uphold the lower court’s decision in Robinson Township v. Commonwealth, which deemed a section of this year’s oil and gas omnibus Act 13 unconstitutional as to its preemption of local zoning control over oil and gas development. The state law would have stripped away local zoning laws, limited private property rights, and in the process, hampered towns’, cities’, municipalities’ and county governments’ ability to regulate shale gas development within their own, respective jurisdictions.

Act 13 of 2012 is a major legislative package that reforms Pennsylvania’s oil and gas laws to reflect the new realities of the shale gas boom in the Marcellus formation underlying much of the state. State agencies are conducting substantial rulemaking activities to implement sections of the law on topics including well site development, air quality, pipelines and wastewater management. EDF looks forward to working with state officials to ensure that these rules are fully protective of communities and the environment.

However, parts of Act 13 went in the wrong direction. In particular, section 3304 obligated all local zoning ordinances to conform to a list of requirements related to the siting and permitting of oil and gas development activities and infrastructure – altering pre-existing zoning arrangements where necessary. Several Pennsylvania townships and non-profits filed suit in the Commonwealth Court of Pennsylvania, arguing that this preemption of local zoning control violated several aspects of Pennsylvania’s constitution. Read More »

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Why EDF Is Working On Natural Gas

Environmental Defense Fund (EDF) is often called upon by those opposed to natural gas development to support a ban or moratorium on drilling.  They argue that fighting for tough regulations, as EDF is doing, helps ensure that natural gas development will take place.  Some of our friends in the environmental community have questioned why we are working on natural gas at all.  They suggest that we should simply oppose natural gas development, and focus solely on championing energy efficiency and renewables.  We understand these concerns, and respect the people who share them.  And for that reason, we want to be as clear as we can be as to why EDF is so deeply involved in championing strong regulation of natural gas.

Our view on natural gas is shaped by three basic facts.  First, hydraulic fracturing is already a common practice in the oil and gas industry.  Over 90 percent of new onshore oil and gas development taking place in the United States today involves some form of hydraulic fracturing, and shale gas accounts for a rapidly increasing percentage of total natural gas production—from 16% in 2009 to more than 30% today.  In short, hydraulic fracturing is not going away any time soon.

Second, this fight is about much more than the role that natural gas may play in the future of electricity supply in the United States.  Natural gas is currently playing an important role in driving out old coal plants, and we are glad to see these coal plants go.  On balance, we think substituting natural gas for coal can provide net environmental value, including a lower greenhouse gas footprint.  We are involved in an ambitious study to measure methane leakage across the value chain, and we’re advocating for leak reduction in order to maximize natural gas’ potential carbon benefit.  We share the community’s concern that we not lose sight of the importance of energy efficiency and renewables, and are working hard to see that these options become preferred alternatives to natural gas over time. 

But even if we were able to eliminate demand for natural gas-fired electricity, our economy would still depend heavily on this resource.  Roughly two-thirds of natural gas produced in the U.S. is used as a feedstock for chemicals, pharmaceuticals and fertilizer, and for direct heating and cooling.  Natural gas is entrenched in our economy, and championing renewables and energy efficiency alone is not enough to address the environmental impacts associated with producing it.

Third, current natural gas production practices impose unacceptable impacts on air, water, landscapes and communities.  These impacts include exposure to toxic chemicals and potential groundwater contamination (due to faulty well construction or unsafe disposal of drilling wastewater), harmful local and regional air pollution, greenhouse gas emissions from unnecessary fugitive methane emissions and negative effects on communities and ecosystems. Whatever economic and environmental benefits natural gas may provide should never take precedence over or compromise the public’s right to clean water and clean air. Read More »

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Postcard from Mark Brownstein in Ramallah, Palestinian Territory

Many environmentalist believe that the ideal landscape is one untouched by human hands, and we fight tenaciously to protect unspoiled places from all manner of intrusion.   Yet sometimes landscapes are inspiring precisely because of human action.  Etched upon the Judean Hills is evidence of over a millennium of human activity, and this ancient record enhances their beauty.  The biblical origins of environmentalism are found in Genesis 2:15 where God places man in the Garden of Eden to till and tend it, and driving through hills lined with ancient terraces you can almost hear the voices of a thousand generations whispering “amen.”

I believe that Thoreau was the first to offer the idea that a walk though unspoiled nature restores our souls, but no matter who first said it, I believe it.  But I also believe we were not put on this earth only to contemplate it, and so, how we choose to make use of nature is as important to our spiritual health as the fact that we appreciate it. 

On the outskirts of Ramallah, in the Palestinian Territories, the planned community of Rawabi is rising from the Judean Hills.  When you first arrive there it looks like any other construction site, and you recoil at how significantly the landscape is being scraped and shaped for what looks like just another housing development in the middle of the wilderness.  You recoil, that is, until you meet Amir Dajani, a large, jovial man, who is deputy director of what is this large project.  Dajani talks like a man on a mission, and he is.  The purpose of Rawabi is to establish a town that, in all respects, reflects a new and progressive vision for a Palestinian state.  Rawabi is being developed according to a master plan that takes into consideration all aspects of what makes for a quality life.  The vision statement for the development is “live, work, grow” and this reflects the fact that the developers are thinking about all aspects of what makes for a liveable community, and they are taking steps to ensure that this is a place where Palestinians of different ages, religions, and occupations can build a comfortable and secure life.  The hope is that Rawabi becomes a replicable model for building other similar communities on the West Bank.

Sustainability is at the heart of everything being done at Rawabi, from the site plan that honors the natural contours of site to the buildings which are efficient and make use of the ample solar energy available in the region.  Waste water will be fully recycled to support location-appropriate greenery, and smart grid technology will be deployed to help manage water and energy use.  Rawabi will be a city with free public transportation and a walkable town center where cars will not be required.  For those who believe that smarter land use is a necessary aspect of a sustainable, low carbon future, Rawabi is an exciting experiment in the making.

But perhaps most remarkable is how the Palestinian developers are reaching out to Israeli Jews for advice on the design and development of this project.  Israel itself was inspired by a utopian vision of a better future, and hopefully there is some healing that comes from Jewish expertise and experience helping to lay the foundation of an environmentally and economically sustainable Palestinian state alongside the Jewish one.  There are a thousand reasons why this all ultimately may not work, only some of which pertain to the environmental challenges being tackled here.  But the hope is that in tilling and tending this bit of earth properly, the seeds of a better future will begin to blossom for everybody.

This will be my last post card.  Tomorrow we spend time at the Yad Vashem Holocaust Memorial and tour the Old City of Jerusalem, both of which are infused with much personal meaning, but something I’ll choose to keep private. 

L’hitraot, chaverim.  Looking forward to seeing you all stateside.

Posted in Grid Modernization / Read 2 Responses

Postcard From Mark Brownstein In Israel- The Negev Desert

High tech entrepreneurs here repeatedly tell you that Israel is a small market, so if you hope to have your idea become a commercial success, from the start it must be designed and developed with other countries and cultures in mind.  What is true for software is also true for innovative ideas for sustainable living.  The Jacob Blaustein Institute for Desert Research, a program of the Ben-Gurion University of the Negev was established in 1974 to facilitate the sustainable development of the Negev desert – an area comprising 60% of Israel’s total land mass – but quickly established itself as one of the world’s leading research institutions on the challenges of living sustainably on the world’s many dry lands.  Professor Pedro Berliner, the director of the Institute tells the story of how they discovered that planting acacia trees in close proximity to crops like wheat or maize produces better results for both trees and crop than if planted apart.  The idea was piloted in Kenya and is now being brought to Botswana, where the Blaustein Institute hopes to develop a permanent presence in partnership with one of Botswana’s existing universities.  This is a good reminder that simple, low-tech solutions can often make a big difference to both people and the planet.

Credit: Zazzle

Of course, when it comes to energy, things are rarely ever simple.  Professor David Faiman, Chair of the Department of Solar Energy & Environmental Physics at the Blaustein Institute, spent the rest of the morning explaining the challenges of bringing solar energy to scale.  For over 30 years, Dr. Faiman has pioneered research into concentrated solar, and a commercial product based on his research, manufactured and marketed by Zenith Solar, shows tremendous promise for raising efficiency, lowering cost, and greatly reducing the physical footprint of commercially meaningful quantities of solar electricity.  Dr. Faiman would surely be both embarrassed and amused to be called a solar energy rock star, but I’ll call him that all the same. 

Equally exciting is the work Dr. Faiman has been doing to conceptualize what would be required to transition Israel’s electric grid to renewable energy.  Dr. Faiman, like many Israelis I’ve met on this trip, is both a visionary and a realist.  On the one hand, he believes it is possible for Israel to get to 90 percent renewable energy based on solar, energy storage, and natural gas-fired generation, but on the other hand, he believes it could take 60 years to get there.  His primary point is that Israel needs to start the transition now for there to be any hope of making even a 60 year deadline.  This means phasing out coal (which Israel continues to depend on quite a bit) and staying away from nuclear, both of which are too inflexible for a renewable-centric world.  Investments in natural-gas fired generation might be ok, as some of these facilities would likely be required to recharge the energy storage systems that would perform the lion’s share of the work in-filling where solar output is unavailable or varies.  His overarching concern is that Israel will continue to make short-term decisions that lead to the construction of conventional energy infrastructure, such as new coal plants (a proposal for a new plant was only narrowly defeated two years ago)  that all but lock the nation into a long-term future of fossil fuel dependence and high carbon pollution.

After a short visit to the research facility of Brightsource, a concentrating solar energy provider active in the United States, we began our hour and a half journey back to Tel Aviv.  As the bus rumbled along, I reflected on the irony that in a land of all this energy technology innovation, so little of it is actually deployed in Israel.  Indeed, practically the only place you see solar photovoltaic panels deployed in Israel are on the ramshackle homes of the Bedouin, who for a variety of reasons, are not otherwise connected to Israel’s electric grid.  Tel Aviv may be a sophisticated, high tech capital, but it is the agrarian, socially-traditional Bedouin, who is light years ahead when it comes to embracing advanced energy technology.

I’ve now asked several Israelis why this is, and two answers stick out in my mind.  The first is that Israel is a place where everyone focuses on the near term, because the future is so unpredictable.  Random rocket attacks (a rocket slammed into Beersheva this morning about a half hour after we checked out of our hotel there) and sudden outbreaks of serious fighting certainly contribute to a “live for this moment” attitude.   The second answer is tied to the first.  As one Israeli explained to me, after the Yom Kippur War in 1973, Israel, like the rest of the world suffered the consequences of high oil prices and invested in renewable energy, but as oil prices fell, the government came to view renewable deployment as expensive and unnecessary.   The recent experience of the oil embargo notwithstanding, the energy minister at the time concluded that Israel’s energy requirements will always be so small in the general scheme of things that even in times of global shortage there will always be fossil fuels available somewhere, albeit at a price.  In short, Israel did not have an energy supply problem, it had a money problem, and the only challenge was to find the cheapest of available options.

Fast forward to today.  The Egyptian natural gas pipeline that carried 40 percent of Israel’s natural gas supply was blown up this spring.  And, what is the response?  The Israel Electric Company simply switched to purchasing fuel oil and coal while it waits for the nation’s significant new offshore gas reserves to come on line.  A triumph for short term thinking in a nation that sells its visionary clean energy technologies to the rest of the world.

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Postcard From Mark Brownstein In Sderot, Israel

(Credit: www.allnumis.com)

“Remember, when you hear the siren, you have 15 seconds to find cover.”  Such is life in the southern Israel town of Sderot only a few kilometers away from the Gaza Strip.  Fortunately, for my tour, today’s rocket attacks fell on the outskirts of town and did not affect our visit.  Israelis often point to such events as the reason why environmental issues are often not very high on the public policy agenda.  How hard is it to spend any time thinking about global warming, when there are more tangible and immediate threats confronting you?

And yet, global warming is having an immediate and tangible impact here as well.  Our visit to Sderot came after a tour of Israel’s largest desalination plant located in the neighboring town of Ashkelon on Israel’s Mediterranean coast.  Israel is chronically short of water, consuming 2 billion cubic meters of water per year where the nation’s natural hydrology is capable of producing, on average, 1.2 billion cubic meters per year, according to Abraham Tenne, head of the Desalination Division of the Israel Water Authority.  Mr. Tenne was blunt in reporting the facts.  The Israel Water Authority expects average rainfall to decline by 15 percent by 2040, while Israel’s population is expected to continue to grow by 1.7 percent each year.  The drought of 2008, where rainfall was only 65 percent of the current average, was a powerful reminder that today’s water situation is bad, and unchecked, it will only get worse. 

Mr. Tenne is understandably proud of the building or upgrades to Israel’s three desalination facilities, which are key to solving the problem, but he is quick to remind us that, as important as this technology is to Israel’s future, it is a last resort.  Israel’s consumption of 2 billion cubic meters of water by a population of roughly 8 million stands in sharp contrast to Arizona’s consumption of 8 billion cubic meters of water by a population of roughly 7 million.  He visited Arizona last year for an international water conference where he was asked to speak on desalination, and was shocked to see flood irrigation – the practice of watering crops by flooding the field – commonly practiced.  He contrasts this with Israel, where drip irrigation is standard practice for 95 percent of all agricultural production, and where the amount of water used is precisely controlled by technology that monitors the moisture at the root of the plant, delivering only what is required to maintain healthy growth.  He then tells us about London, which just inaugurated its first desalination plant, while doing little to fix the local water system where 40 percent of the water flowing through the system is lost to leaks.  And then, for the second time in two days, I hear of smart grid technology being deployed in Israel to pinpoint leaks.

Although recent discoveries of significant natural gas reserves off the Israeli coast suggest that Israel may be able to completely wean itself off coal, over 35 percent of the nation’s installed electric generation capacity comes from coal-fired power plants, including one right next door to the Ashkelon desalination plant we visited today.  But even when the desalination process is driven by natural gas-fired power plants, as this facility is (it generates its own electricity and actually sells some excess production back to the grid) the fact of the matter is that Israel’s total water system – not just desalination, but the pumps necessary to move water around the country – consumers 6 percent of the total electricity produced in Israel.  Thus, the battle to conserve water is also a battle to save energy, which in turn is a battle to avoid carbon emissions that contribute to global warming, and make Israel’s water situation worse.

We are spending tomorrow with some of Israel’s leading experts in solar energy, but already I am wondering why a nation so obviously blessed with ample, strong sunlight, seems to have so little invested in deploying solar power.  Solar hot water heaters have been required here since 1980, and as my friend, and EDF consultant, Roger Duncan, often reminds me, solar hot water heating is often the most overlooked cost-effective solar technology, but given Israel’s pressing challenge of finding both secure and sustainable supplies of electricity, the government’s policy of 10 percent renewable energy by 2020 seems incredibly modest.  A nation with the determination and technological prowess to erect the world’s most sophisticated missile defense system surely should be able to do better and tomorrow will be about finding out why not.

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Postcard From Mark Brownstein In Tel Aviv, Israel

Source: Trekkie Gal

A lumber yard in the middle of Tel Aviv is an unlikely place to discover innovative new technology to transform ocean waves into energy, but there I was watching a demonstration of wave-to-energy technology in a makeshift wave tank constructed by Shmuel Ovadia.  Ovadia is a talented engineer passionate about harnessing the power of the ocean when he is not otherwise engaged in running his successful high-end lumber business.  See for yourself at:  http://www.sde.co.il/.

I suppose I shouldn’t have been surprised.  I am on the first day of a seven trip for U.S. energy leaders sponsored by Project Interchange, an educational institute of the American Jewish Committee, and by the time I arrived at Ovadia’s lumber yard in the late afternoon, I had already seen tremendous creativity in the unlikeliest places.  Our morning was spent walking down Tel Aviv’s Rothschild Boulevard, Israel’s equivalent of Silicon Valley, dropping by several of the technology incubators that are a large part of the reason why Israel is known as the “start-up nation.”  

Here, 20-somethings only a few years out of Israel’s army – where technology and project management skills are acquired and honed – are developing innovative software at a furious pace.  The aging, somewhat decrepit buildings dating back to Israel’s socialist early years, are brimming with entrepreneurial drive and youthful spirit.  Most interesting to me was a visit to the IDC Elevator, where Shmuel Chafets, Director of Business Development for Giza Venture Capital, described a recent investment in a start-up that is applying sophisticated software and smart grid technology to improve the efficiency of water delivery systems, which – among other things – anticipates leaks before they happen. 

In Israel, a nation increasingly reliant on energy-intensive desalination, saving water is also saving energy, a lesson at the heart of our report two years ago on the Energy-Water Nexus in Texas.  This visit got me wondering whether this same technology might be helpful in EDF’s efforts to partner with gas utilities to reduce methane leaks along their distribution systems.  Surely such smart grid ingenuity can be used to help fight the causes of global warming and not just the fresh water scarcity that is one of its many symptoms?

While software companies in Israel do well in attracting venture capital from the United States, Europe and, more recently, Southeast Asia, guys like Shmuel Ovadia struggle to attract capital to their bright ideas.  Even venture capitalists like to see commercial scale prototypes before investing major dollars, and good-old fashioned mechanical technologies are a whole lot more physically difficult and expensive to get to commercial scale than software solutions.  So it takes a special type of investor to risk the serious capital it takes to bring a hardware solution to market. 

It is a challenge, but not impossible, as our visit to Better Place’s Tel Aviv showroom demonstrated.  Here, we were treated to a test drive of the Renault Fluence ZE, an all-electric four passenger sedan, that has a range of approximately 100 miles and a battery that can either be recharged at home or our work or swapped out in a 5-minute visit to a Better Place ‘refueling’ station.  When you buy the car (and had we been Israelis, sales people were there ready to take our order), you buy a contract for miles to go with it.  Included in that contract are up to two charging stations, the electricity they supply, and access to any of Better Place’s battery swapping stations now being constructed throughout Israel. 

In short, the Better Place’s Renault Fluence is like the cell phone I have carried with me to Israel.  It is my phone, but I purchase the international sym card and the corresponding minutes of voice and data from Orange, a local carrier, which is easily slipped into the phone and recharged with new minutes as needed. 

Tomorrow we head down south to the Negev to see what is brewing in the world of solar energy.  I can only imagine what surprises await us.  I’ll keep you posted.

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