D.C. Circuit Will Not Delay Briefing on Carbon Pollution Standards for New Power Plants
The U.S. Court of Appeals for the D.C. Circuit has announced that briefing will continue as scheduled in litigation around[…]
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The U.S. Court of Appeals for the D.C. Circuit has announced that briefing will continue as scheduled in litigation around[…]
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Read moreWe learned earlier this month that scientists are rushing to save critical climate data on government websites before the Trump administration takes over in January. They fear that such data may be deleted and forever lost, and it’s not hard to see why.
The incoming administration has announced plans to roll back existing climate change initiatives and there have been proposals to cut research programs that support a broad range of scientific expertise, such as weather prediction critical to farmers and to states vulnerable to major disasters.
In addition to science-based climate data, however, there is concern that other critical information and analyses under the purview of agencies such as the U.S. Department of Energy may be imperiled early next year. Unbeknownst to many – including, perhaps, to the president-elect and his circle of insiders – all these datasets benefit a broad range of sectors that rely on solid economic forecasting.
Here are just two datasets that are absolutely central to the work economists and analysts do to help industry and other decision-makers interpret energy opportunities and challenges in a rapidly changing world.
1. Energy forecasts: companies depend on them
The Annual Energy Outlook reports produced by the Energy Information Administration – a 30-year-old, independent office within the Energy Department – offers economic and energy forecasts with data invaluable to the transportation and manufacturing sectors, among others. Researchers, regulators and policymakers use them, too.
It includes data on economy-wide energy consumption and electricity prices all the way down to minute information such as carbon emissions from residential clothing dryers. Companies use the report to inform energy cost projections as they strategize and forecast business operations.
This way, an aluminum smelting company that uses a very energy-intensive process, for example, can anticipate changes in energy prices and make decisions accordingly.
We already heard about a proposal to cut NASA’s climate research funding, so it’s no mystery we also worry about how a report such as the Annual Energy Outlook could be affected by a wider crackdown on scientific and economic research and data generation.
Notably, EIA was part of a controversial questionnaire the Trump administration recently sent the Energy Department.
2. Cost comparisons: help investors be smart
The cost of renewable energy is a constant source of debate and has a direct impact on innovation and investment. A utility that needs to add generation, for example, must remain informed about how the operational costs of wind turbines compare with those of a natural gas-fired power plant.
The Energy Department’s prestigious National Renewable Energy Laboratory provides a terrific amount of research on the costs of this and other sources of renewable energy, feeding them into tools such as the Transparent Cost Database.
These estimates help investors as well as consumers evaluate the cost of renewable energy sources in direct comparison to fossil fuels in an unbiased way. The outcome is smarter and more informed decisions.
Our national labs would be overseen by Texas Gov. Rick Perry if he’s confirmed as the Trump administration’s secretary of energy. The governor, who lacks the science credentials of past energy secretaries, once said he would eliminate the agency altogether.
So why the panic over data?
We know that many of the people picked for the Trump cabinet so far openly question climate science, or science in general, and that several of the nominees who will oversee agencies producing such data have a history of putting the interest of the fossil fuel industry ahead of progress on clean energy.
Beyond that, potential budget cuts are looming. Government agency heads opposed to climate action or investments in renewable energy could easily starve the programs that maintain, update and share data with the public if such information no longer fits the administration’s agenda.
Scientists are thus taking steps to download data in preparation for the day when access may be interrupted.
But a country needs hard facts and sound evidence to make smart decisions about its energy and economic future. So we need to continue to lean heavily on the apolitical data that hardworking researchers in government produce for our industry, farmers, entrepreneurs, local and state policymakers, and world-renowned researchers.
Perhaps more than ever before, we must protect and defend this vital information.
By Jeremy Symons
At Risk: The Air We Breathe, Water We Drink, and Food We Eat
The conservative House Freedom Caucus has provided President-Elect Trump a “recommended list of regulations to remove.” Congressman Mark Meadows (R-NC), chair of the all-Republican Freedom Caucus, identified 228 federal rules they hope Trump will help eliminate.
Thirty-two of the proposals would roll back safety, health and environmental standards that protect the air we breathe, the water we drink, the food we eat, and our nation’s infrastructure (from pipelines to airports). By rolling back these regulations, the plan would essentially prevent the agencies responsible for protecting us from doing their job.
Another 43 proposals are aimed at undermining America’s progress on clean energy and climate change, pushing us away from energy efficiency and renewable energy sources toward more reliance on fossil fuels. This includes eliminating two dozen Department of Energy energy efficiency standards that save families money on energy bills, reduce energy waste, and prevent pollution.
Environmental Defense Fund has posted a copy of the Freedom Caucus document online (first obtained by the Washington Post) and added highlights to show the 75 health, safety, environment, and energy rollbacks.
The leading targets for these attacks are the Environmental Protection Agency and Department of Energy, but other agencies targeted include the Federal Aviation Administration, the State Department, the Department of Interior and others.
Trump’s Pick to Lead EPA Is An Added Threat
The danger of this regulatory ‘kill list’ is compounded by Donald Trump’s picks for key cabinet positions that would traditionally be the first to defend their agencies from political interference. Many of the recommendations are favorites of the fossil fuel lobby, which will have unprecedented power in Trump’s cabinet.
Trump’s decision to entrust Scott Pruitt with running the Environmental Protection Agency is especially dangerous. EPA is responsible for protecting our families from air and water pollution as well as toxic chemicals. Pruitt, however, has repeatedly and systematically teamed up with fossil fuel companies to sue the Environmental Protection Agency to prevent EPA action on regulating toxic mercury, air pollution and greenhouse gas emissions. In a 2014 investigative report, the New York Times exposed Pruitt’s “secretive alliance” with oil and gas companies while Attorney General of Oklahoma.
Breaking Down the Regulations at Risk
Here is a summary of some of the most alarming Freedom Caucus proposals that Pruitt and others in Trump’s cabinet will be looking over. The Freedom Caucus list has inaccuracies, and it seems to be based on the premise that Trump can erase rules with a stroke of the pen in the first 100 days. For most of these, he cannot, because the agencies have responsibilities to implement laws and are subject to oversight by the courts. But that does not mean that these regulations are safe from diversion of funds, lack of enforcement, legislative attacks, and other efforts to weaken them.
In the following list, the numbers in parentheses match the numbers in the House Freedom Caucus plan.
On December 27th, Ohio Governor John Kasich vetoed House Bill 554, a bill that would have effectively extended the freeze[…]
Read moreThe need to plan for and design a more efficient, cleaner, and resilient electricity grid has never been greater. Our aging grid is ill-prepared to keep pace with rapid technological advances and an increasingly distributed, dynamic energy system. A greater number of customers are producing electricity themselves, demanding expanded energy choice and a more interactive relationship with their utilities. In the meantime, an increased number of severe storms in recent years keep pressing the need for resilience. In order to meet these challenges, we need to look beyond traditional planning solutions for how we make, use, and distribute electricity.
This year has seen a flurry of activity on grid modernization in states across the U.S. As 2016 comes to a close, the spotlight is on Maryland as it joins the ranks of states investigating how to transform our electric system.
How Maryland Tackles Grid Modernization Could Have Big Impact
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Environmental Defense Fund (EDF) recently noted that as President-elect Trump threatens to roll back federal environmental protections, state victories are more critical than ever. Regardless of future federal action, markets and technology are on our side: the U.S. is experiencing an unprecedented convergence of clean energy innovation and economic growth. As the Midwest has shown, states can work across the aisle to create policies that grow the economy and help people save money, while protecting the planet.
It’s still too early to gauge how bold Maryland’s foray into this grid modernization inquiry will be; the state’s Commission has made it clear this is a “targeted review” of specific topics – rate design, distributed energy resource valuation, smart meter benefits and costs, protection of low-income customers. But the scope of the topics suggests the state is thinking big. And if last week’s public hearing is any indication, key players are keeping an eye on the grid modernization newcomer.
The stakes
Maryland’s presence in the PJM Interconnection market (the largest wholesale electricity market in the U.S.) provides unique challenges to the state’s reform process and will have many states watching closely as it charts its own path.
Earlier this fall, Maryland’s Public Service Commission (PSC) requested comments on specific issues to kick off its grid modernization proceeding in an effort to “ensure that electric distribution systems in Maryland are customer-centered, affordable, reliable, and environmentally sustainable.”
The proceeding builds on two earlier technical conferences on rate design and distributed energy resources. It also reflects the 2015 approved merger of Exelon Corp. and Pepco Holdings LLC. The merger required the companies to file a plan for revamping the electricity distribution system.
The proceeding signals the growing importance of, and action around, modernizing our outdated electric grid.
The proceeding has already drawn an impressive amount of attention ranging from utilities to system operators, to renewable energy companies, energy management service and technology providers, consumer advocates, and the environmental community. This signals the growing importance of, and action around, modernizing our outdated electric grid.
8 steps Maryland should consider
Bringing our outdated electric grid into the 21st century is an enormous task that can take many shapes and forms, as indicated by the Grid Modernization Index. Hardware upgrades can only takes us so far. Tomorrow’s grid requires modernizing processes as well because utilities, regulators, and customers need new policies to support this new system and “encourage innovation and reward performance.”
Leveraging EDF’s experience with grid modernization efforts across the country, we offered a set of guidelines for Maryland regulators to consider as they begin to orchestrate grid modernization efforts:
While it is too early to tell how successful Maryland will be in developing its own grid modernization roadmap that other states can follow, it is clear that states are exploring ways to build a smarter and more sustainable energy future. Here at EDF, along with the other interested parties, we will be watching Maryland regulators in hopes they move forward ambitiously to modernize the grid and become leaders in the process. In doing so, they would be doing their part to create a more flexible, efficient grid that is responsive to diverse customer needs, while protecting our communities.
Photo credit: joseph.gruber
Read moreBy EDF Blogs
By Jon Goldstein and Peter Zalzal
The legal fight to defend the Bureau of Land Management’s (BLM) recent efforts to prevent oil and gas companies from wasting methane on public and tribal owned land continued yesterday.
EDF and a coalition of local, regional, tribal and national allies filed a brief opposing efforts by industry organizations and a handful states to block BLM’s protections before they even come into effect.
The states of New Mexico and California also sought to participate in the legal challenges, likewise stepping up to defend BLM’s common sense standards. Notably, New Mexico is the largest producer of oil from public lands in the U.S. and the second largest producer of natural gas.
In seeking to stay BLM’s protections, the industry associations have claimed the standards have no benefits – so blocking them won’t have any impacts on the communities they are designed to protect.
But BLM’s oil and gas waste standards are about ensuring that operators use common sense technologies to capture natural gas that would otherwise be wasted. That preserves a valuable natural resource and cleans up the air, all while putting additional royalty payments in the pockets of Western communities that can be used to fund schools, roads and important infrastructure.
For example, a recent analysis found that in 2013, oil and gas companies operating on public and tribal lands wasted more than $330 million worth of gas – more than $100 million of that from New Mexico alone. This translates to lost royalty revenues for local communities. One report estimates that without action to reduce this waste, taxpayers could lose out on more than $800 million in royalties over the next decade.
The challengers’ legal claims stand in stark contrast to the facts on the ground. Evidence of the broad-based benefits of BLM’s Waste Prevention Rule was readily apparent in yesterday’s court filings supporting the protections.. Current and former state and county officials and everyday Westerners alike let their voices be heard about the importance of common sense measures to preserve public resources and protect the environment.
For example, in their filing seeking to participate in the case, the states of New Mexico and California emphasized:
“Implementation of the Rule will benefit the States of California and New Mexico by generating more annual royalty revenue . . . . In addition, the Rule will benefit the health of the states’ citizens who are exposed to harmful air contaminants leaked, vented and flared from federally-managed oil and gas operations . . . . The People of California and New Mexico have a strong interest in preventing the waste of public resources, as well as in reducing the emission of harmful air pollutants that threaten the health of the states’ citizens, the integrity of their infrastructure, protection of their unique environments and ecosystems, and the continued viability of their economies.” ( Filing, pages 2 and 3)
And in their filing opposing the preliminary injunction, these states claimed:
“Because the Rule is likely to result in the stronger protection of federal lands and greater prevention of the waste of natural resources, which belong to the People, the public interest weighs strongly in favor of denying the injunction.” (Filing, page 16)
The benefits that New Mexico and California identified are broadly shared and were likewise reflected in declarations submitted by county officials and former state officials in support of the standards.
Current La Plata County Colorado Commissioner Gwen Lachelt identified both the problem of resource waste on public lands and the benefits for Western counties like hers in addressing it:
“The San Juan Basin, in which La Plata County is situated, has one of the highest rates of wasted gas and methane loss in the country, accounting for nearly 17% of U.S. methane losses.
“In addition to wasted methane, oil and gas sites in La Plata County and the San Juan Basin release dangerous pollutants such as benzene and ozone-forming pollutants that can lead to asthma attacks and worsen emphysema . . . . This air pollution continues to be a regional public health hazard, and has contributed to La Plata County receiving a low grade for poor ozone air quality from the American Lung Association…
“The Rule will benefit La Plata County by providing additional royalties that we can use to fund key County priorities—including infrastructure, roads, and education—while also helping to clean up the air in the San Juan Basin, which will have health benefits for our citizens.” (Filing, page 4 and 5)
Lachelt points out that unlike other leading oil and gas states like Colorado, New Mexico has no policies to reduce methane waste and other pollution from oil and gas wells, and that BLM’s efforts will help to provide uniformity across state lines.
Sandra Ely, a former Chief of the New Mexico Environment Department’s Air Quality Bureau likewise submitted a declaration describing the importance and benefits of the BLM standards. She particularly focused on the long-standing problem of resource loss in the San Juan Basin. The region made headlines in recent years when NASA scientists discovered a 200-square-mile methane cloud over the region – the largest methane cloud uncovered in the U.S. Subsequent studies determined that oil and gas emissions were the main contributor to the methane “hot spot.”
“I am aware of a recent study, focused on the San Juan Basin, which suggested that BLM’s proposed leak detection and repair requirements alone would result in anywhere from $1–$6 million dollars of additional revenue for New Mexico… Absent the Waste Prevention Rule, I am concerned that resource loss and poor air quality associated with oil and gas development will continue unabated in New Mexico” (Sandra Ely, Filing, page 7)
Western leaders have been vocal in their support for BLM’s sensible standards that take an important energy resource out of the air and deliver it responsibly to the American public. At public hearings that the BLM held across the west these rules were supported by more than 3 to 1 margins. More than 80 local officials across the West, including county commissions in La Plata, Park and San Miguel counties in Colorado and Bernalillo, Rio Arriba and San Miguel counties and the Santa Fe city council in New Mexico, all support the protections. And these rules enjoy broad bipartisan public support as well (more than 80 percent of Westerners in a recent poll).
Given this cross-cutting support and yesterday’s forceful legal filings, it’s no wonder that industry challengers in this case don’t even want the judge to hear the views of New Mexicans and Californians. Yesterday, they indicated that they would oppose these states’ efforts to protect the interests of their citizens by participating in the case. While this reflexive obstructionism isn’t surprising—industry petitioners filed their legal challenges within 40 minutes of the rule being finalized and tried to block the standards’ effectiveness shortly thereafter—it certainly reveals their very one-sided view of what is in the public’s interest.
The Wyoming Court is scheduled to hear oral argument in this case on January 6. We look forward to continuing to defend these standards that will clean the air and prevent waste.
Read moreBy Nicholas Bianco
By Pam Kiely and Nicholas Bianco
Earlier today the U.S. Environmental Protection Agency (EPA) released several draft documents designed to provide additional information for states and other stakeholders as they work together to reduce emissions of carbon pollution from power plants.
EPA notes that making these working drafts available:
[A]llows us to share our work to date and to respond to the states that have requested information prior to the end of the Administration.
The materials provide valuable insights that can be used by states currently implementing or considering developing their own programs for reducing carbon pollution, and can be leveraged as states evaluate ongoing state policy efforts to achieve pollution reductions under the Clean Power Plan.
The Clean Power Plan establishes America’s first ever limits on carbon pollution from power plants. Once implemented, it will provide essential protections for public health and the environment – saving up to 3,600 lives each year and delivering up to $54 billion in annual climate and health benefits – while also reducing electricity bills for American families.
These documents reflect extensive public input and engagement as well as decades of practical experience reducing air pollution at the state and federal level. They provide constructive information in response to direct requests for this type of material made by states who are interested in having the best information available as they undertake their own planning, public engagement, and regulatory initiatives.
A letter submitted to EPA by 14 states requested “additional information and assistance” to help states “prudently plan for and implement a variety of state and federal obligations” because many states, as well as their stakeholders, understand that continuing to navigate the dynamic transition underway today in the power sector requires comprehensively evaluating and integrating state policy priorities with their best understanding of existing and future federal policy.
While the Supreme Court has stayed enforcement of the Clean Power Plan, EPA’s provision of helpful information in response to this letter is entirely consistent with actions taken by past Republican and Democratic Administrations to provide clarification and information on Clean Air Act rules that had been stayed by the courts.
States such as Pennsylvania and Colorado have recently underscored their commitment to continuing state-driven efforts to address climate change and greenhouse gas emissions, while more than a dozen power companies have continued to affirm that the transition to cleaner energy resources and progress toward de-carbonization of the electric sector is ongoing.
State officials and many companies keenly understand that prudent evaluation of the federal policy landscape, and ongoing deployment of no-regrets strategies and investments that well-position them to meet declining limits on carbon pollution, make sense. Additional information about options for Clean Power Plan implementation will only facilitate sensible alignment of state efforts already underway.
EPA released four draft documents today:
These draft materials build on decades of experience that EPA and states have in successfully implementing flexible compliance programs to reduce air pollution and drive innovation, and they show how these approaches can be applied for the Clean Power Plan. These same flexible frameworks have been used to reduce emissions under other Clean Air Act standards at a fraction of the cost that opposing parties have claimed – and there is strong evidence that this will hold true for the Clean Power Plan as well (for examples see here, here, and here).
Climate pollution from the electricity sector has already fallen 21 percent below 2005 levels – which means America is already almost two-thirds of the way towards the 2030 Clean Power Plan emission targets. Emissions reductions and clean energy investments are widespread across states and power companies – even those that may be opposed to the Clean Power Plan itself. Analysis conducted for EDF by M.J. Bradley & Associates found that all 27 litigating states can comply with the Clean Power Plan just by leveraging already planned investments coupled with flexible compliance programs. Many of the power companies litigating against the Clean Power Plan are also well positioned to reach their targets, thanks to the increasingly low cost of lower- and zero-carbon generation.
While this progress is encouraging, the analyses also show that the Clean Power Plan has an essential role to play in ensuring that reasonable protections from climate pollution are realized. With the release of today’s draft documents, EPA is responding to the request by states, power companies, and other stakeholders to share lessons learned for flexible cost-effective implementation of the Clean Power Plan. These insights will prove to be valuable to states at all stages of planning for a low-carbon future.
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