Category: Animal Rights & Environment

A new economic study released by Environmental Defense Fund and WestWater Research shows that Alternative Transfer Methods (ATMs) are cost[…]

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By Scott Weaver

As a climate scientist who is trained to base his conclusions strictly on scientific evidence and not politics, I find it particularly troubling that Scott Pruitt, President Trump’s pick to head the U.S. Environmental Protection Agency (EPA), is misrepresenting the scientific data that shows the earth’s atmosphere is warming.

Pruitt hopes to run the agency responsible for protecting the lives and health of Americans from environmental threats, and that includes reducing greenhouse gas emissions that are warming the planet. And as the Supreme Court has ruled, EPA has the authority to address greenhouse gases.

However, in his testimony before the Senate Environment and Public Works Committee on January 18, and then in follow-up written answers to Senators, Pruitt made several misleading, or flat-out inaccurate, statements.

In his attempt at subterfuge, Pruitt leaned on false and misleading climate-skeptic myths that have been debunked time and time again.

For instance, consider this one question and answer:

Written question from Sen. Jeff Merkley: Are you aware that each of the past three decades has been warmer than the one before, and warmer than all the previous decades since record keeping began in the 1880s? This trend is based on actual temperature measurements. Do you believe that there is uncertainty in this warming trend that has been directly measured? If so, please explain.

Written answer from Scott Pruitt: I am aware of a diverse range of conclusions regarding global temperatures, including that over the past two decades satellite data indicates there has been a leveling off of warming, which some scientists refer to as the “hiatus.” I am also aware that the discrepancy between land-based temperature stations and satellite temperature stations can be attributed to expansive urbanization within in our country where artificial substances such as asphalt can interfere with the accuracy of land-based temperature stations and that the agencies charged with keeping the data do not accurately account for this type of interference. I am also aware that ‘warmest year ever’ claims from NASA and NOAA are based on minimal temperature differences that fall within the margin of error. Finally, I am aware that temperatures have been changing for millions of years that predate the relatively short modern record keeping efforts that began in 1880. (Questions for the Record, page 145)

In response to the scientific evidence that the last three decades have each been warmer than the one before it, Mr. Pruitt offered negligent claims that both the satellite data and surface based observations have shown there to be no warming over the last two decades – the so-called global warming hiatus.

Science does not agree with this assessment.

The idea of a hiatus and a potential discrepancy between satellite and surface based data have been under intense objective scrutiny by the scientific community for some time – and the results are in:

• NOAA scientists recently published a peer reviewed article in the Journal Science that clearly shows the “hiatus” to have never existed.
• Then last month a follow up study, undertaken by a separate group of researchers as an objective check on the NOAA result, also confirmed that the global warming hiatus never happened.
• Additionally, the alleged satellite discrepancy has also been debunked – its origin an artifact of necessary, but potentially faulty, post-processing techniques that are employed when using data gathered by a satellite from space, as opposed to direct surface temperature measurements from thermometers. Stated plainly, raw satellite observations from space are not as accurate as those taken in the actual location, so these raw observations need to be quality controlled for scientific accuracy.

Next, in the same answer, in what can only be described as countering his own misguided narrative, Pruitt attempted to blame the increasing temperature trend – which he just stated did not exist via the hiatus argument – on an unfounded discrepancy between satellite based and urban land based data.He claimed the increase in urbanization was causing a fictitious rise in global temperature – an impact long shown to be minimal at best, especially when applied to the massive geographic expanse of the world relative to the lesser change in the geographic extent of cities.

Pruitt went on to quibble with the fact that 2016 was the warmest year ever recorded, by overemphasizing the role of negligible differences in how various scientific agencies around the world calculate the globally averaged temperature.

Actually, the diversity of approaches is a scientific strength, because it provides a balanced view of the data – much like seeking a second opinion on a medical diagnosis. It’s vital to note that despite these trivial differences in methodology, the three long-running analyses by NASA, NOAA, and Great Britain’s UK Met Office all showed 2014 to 2016 to be the three consecutive warmest years on record. This fact is indisputable.

Pruitt concluded his misdirection by pointing out his awareness that temperatures have been changing for millions of years, and predating the relatively short modern record. Mr. Pruitt is indeed correct that the rapid warming in recent decades is quite alarming in the context of the much slower and longer term natural changes – although I don’t think that was what he was trying to say.

Pruitt seemed unaware of the latest scientific evidence on the various topics he chose to explore during his testimony. That indicates an ignorance of science coupled with a lack of preparation which adds up to being unfit to lead a scientifically-based government agency.

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A new report unveiled in January by the National Academy of Sciences, Engineering and Medicine outlines steps to build on[…]

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By Carol Andress

With legislation flying fast and furious through the Capitol – much of it using new or unusual legal mechanisms – lawmakers today must be doubly mindful of unintended consequences. Case in point: Actions rushed through the House and Senate under an obscure law called the Congressional Review Act (CRA), the details of which can cause deeper, more lasting impact than the simple name implies.

The CRA dates to the 1990s. It says that any rule finalized by a federal agency can be subject to an expedited congressional repeal for 60 legislative days after the agency sends up a copy of the final rule and a report detailing the reasons for its promulgation. Within that window, either chamber can introduce a joint resolution of disapproval – which, if passed by both houses of Congress and signed by the president, effectively voids the rule.

The law sounds simple enough. But it leaves a lot of room for error or mischief.

The CRA enjoys fast-track privileges, allowing a CRA bill to go straight to the floor without committee hearings. A so-called resolution of disapproval can be brought up at any time, with little or no notice. In the Senate, passage requires only a simple majority (51 votes). The measures are not subject to filibuster.

Until January, only one such resolution had ever been passed and signed into law, and the CRA has never been tested in court. But now there are at least 10 different CRA actions moving through the House and Senate. It’s worth a close look at what those measures would really do.

Hands Tied

If the President signs the joint resolution, the agency rule is voided. What’s more, that agency is forever barred from issuing any rule that is “substantially the same” as the as the one voted down. And therein lies the most serious problem.

Because this vague provision has never been clarified by the courts, agencies will almost certainly hesitate to undertake a new rule on the same topic, no matter how serious and well founded the action might be or regardless of new information (this is exactly what happened to the Occupational Safety and Health Administration, the only agency so far to have a rule disapproved through the CRA).

In short, CRA disapproval is a drastic and extreme legislative move that shouldn’t be undertaken lightly by either political party.

CRA Attack on BLM Waste Rule Defies Logic

Take for example the CRA resolution passed last week by the House of Representatives, which would roll back a Bureau of Land Management rule requiring oil and gas companies operating on millions of acres of federal and tribal land to take cost-effective, common-sense steps to reduce nearly 110 billion cubic feet of taxpayer-owned natural gas they currently waste each year through leaks, venting, or simply burning it off (called flaring).

That gas is worth an estimated $330 million dollars annually — more than $1.5 billion since 2013 — and is enough to supply every home in a city the size of Chicago for a year. Besides squandering a valuable energy resource, the waste generates air pollution affecting the health of millions of Americans.

BLM’s much-needed and long-overdue standards to address this problem took years to craft, and reflect input received in over 300,000 public comments.  Industry lobbyists have glibly suggested that a resolution of disapproval means that rule could somehow be sent back to the agency for a redo. But this is not how the CRA works. Lawmakers in that chamber need to understand this critical difference before they vote.

Waking Up to the Problem

The good news is lawmakers in both houses appear to be increasingly aware of the issues involved with the CRA. A resolution roll back the BLM rule passed the House on a vote of 221-191, with a record 11 Republicans voting no (and three Democrats voting yes).

The bill is could hit the Senate floor at any time. Before they vote, Senators should step back and understand that the CRA resolution offers up an axe in place of the scalpel that many are seeking, and weigh their decision accordingly. We need our lawmakers to stand up for their constituents – American taxpayers – to promote their interests over the needs of the oil and gas lobby.

Image source: Flickr/k3nna

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By Tom Neltner

Tom Neltner, J.D., is Chemicals Policy Director

Accelerating full replacement of lead service lines (LSL) – the lead pipes that run from the drinking water main under the street to homes – is a priority for EDF. These pipes are the primary source of lead in water and, when disturbed, may release lead particles that expose consumers, without warning, to extremely high levels. As part of the effort to encourage safe and effective removal of LSLs replacement, EDF helped launch a new Lead Service Line Replacement Collaborative with 23 national public health, water utility, environmental, labor, consumer, housing, and state and local governmental organizations to help communities develop and implement voluntary programs to eliminate these pipes.

Today, the Collaborative released an online toolkit to assist communities in lead service line replacement. The online toolkit includes:

• A roadmap for getting started,
• Suggested replacement practices to identify and remove lead service lines in a safe, equitable, and cost-effective manner,
• Policies that federal and state leaders could adopt to support local efforts, and
• Additional resources that may be helpful when developing local programs.

USA Today highlighted the Collaborative and the toolkit in an article also released today.

The toolkit is intended to be a living resource.  Therefore, the Collaborative is seeking communities to pilot and provide feedback on the materials.

The voluntary efforts promoted by the Collaborative are not a substitute for a long-overdue overhaul of the Environmental Protection Agency’s Lead and Copper Rule (LCR).  Even under the best of scenarios, the revised rule will be promulgated in 2018 and go into effect in 2021.  The next administration’s statements about regulations puts even that distant date in doubt.

Instead of waiting for a new rule, the Collaborative’s toolkit leverages from the knowledge and experience of its members and their constituents.  It draws from the successful LSL replacement programs of Madison, WI, Lansing, MI, and the ongoing work of Boston, MA and Washington, DC.  It also learns from programs in Cincinnati, OH, and Milwaukee, WI that are launching comprehensive efforts as well as the states of California, Michigan, Ohio, Washington, and Wisconsin that laid foundations for communities to undertake replacement programs in 2016.

The Collaborative is grounded in the following principles:

• Removal of lead service lines in contact with drinking water provides an opportunity to significantly reduce the risk of exposure to lead from drinking water.
• LSL replacement initiatives must be designed to ensure residents are protected during and after the removal and that the work is done in a cost effective manner.
• LSL replacement initiatives should address barriers to participation so that consumers served by LSLs can benefit equitably, regardless of income, race or ethnicity.
• A collaborative, community-based approach, built on contributions from residents, health officers, utilities, community leaders, local elected officials, can help provide the strong foundation needed for successful action.
• Innovative models are needed to help communities find the tools, strategies and resources needed to replace LSLs based on the latest science and current best practices.
• By providing models for LSL replacement, it is possible to advance support for initiatives at all levels of government and in different types of communities.
• Successful LSL replacement initiatives will take careful planning and time.
• This effort is focused on mechanisms to support local action not on EPA’s efforts to revise the Lead and Copper Rule.

The members of the Collaborative are:

• American Public Health Association
• American Water Works Association
• Association of Metropolitan Water Agencies
• Association of State Drinking Water Administrators
• Blue Green Alliance
• Children’s Environmental Health Network
• Clean Water Action
• Environmental Defense Fund
• Justice and Sustainability Associates
• Learning Disabilities Association of America
• National Center for Healthy Housing
• National Association of County and City Health Officials
• National Association of State Utility Consumer Advocates
• National Association of Water Companies
• National Conference of State Legislatures
• National Environmental Health Association
• National Rural Water Association
• Natural Resources Defense Council
• RESOLVE
• Rural Community Assistance Partnership
• Trust for America’s Health
• United Parents Against Lead
• Water Research Foundation

Of course, this is just part of the solution, but were are very encouraged by the broad interest and participation in getting lead service lines out of use throughout the country.

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By EDF Blogs

By Pam Kiely, senior director, Regulatory Strategy, and co-authored by Charlie Jiang, EDF associate

2016 was a big year for progress in the U.S. power sector. Renewable energy sources provided 16.9 percent of the country’s electricity in the first half of 2016, up from 13.7 percent for all of 2015. The country’s first offshore wind farm opened off the coast of Rhode Island. Most importantly, carbon emissions from the power sector are projected to continue to decline and hit levels not seen since 1992.

Strong leadership by forward-thinking governors, policymakers, and power company executives who recognize the imperative of lower-carbon generation and the promise of clean energy, powerful market forces intensifying the push to lower-carbon resources, and the critical federal regulatory overlay of the Clean Power Plan — which has made clear that unlimited carbon pollution is a thing of the past — have all combined to deepen a trend towards cleaner electricity production at this dynamic moment in time.

Even with any possible political maneuverings in Washington, D.C. to reverse clean energy and climate progress, it is clear that the transition to a low-carbon future is well under way.

States and power companies are surging ahead — and given the favorable economics of clean energy and the urgent need to reduce climate-destabilizing pollution it would be foolish to turn back.

• More than 21 gigawatts of wind and solar power (utility-scale and rooftop) are projected to have been installed in 2016, accounting for 68 percent of new U.S. capacity additions. That’s according to analyses by FERC, SNL Energy, EIA, and SEIA/GTM Research.
• Some of the country’s oldest and least efficient power plants were scheduled to close in 2016, transitioning 5.3 gigawatts of capacity, in no small part due to increasingly favorable economics for low-carbon generation.
• Since 2014, solar installation has created more jobs than oil and gas pipeline construction and crude petroleum and natural gas extraction combined. According to recent reports, there are now more than 400,000 jobs in renewable energy.

Together, these trends indicate the U.S. power sector is well-positioned to continue to reduce carbon pollution at a significant pace. And because of the favorable economics for low-carbon generation and the urgent need to protect against climate risks, hundreds of major corporations are on record supporting the Clean Power Plan and the achievement of emission reduction targets.

Power sector carbon emissions declined to 21 percent below 2005 levels in 2015, and are expected to drop again in 2016, meaning the power sector is already two-thirds of the way towards meeting its 2030 pollution reduction goals under the Clean Power Plan.

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Notably, this de-carbonization of the electric sector has proceeded while the U.S economy has grown. In addition, recent analysis by the Brookings Institution shows that as of 2014, at least 33 individual states have also decoupled their economic growth from carbon pollution — continuing to grow their gross domestic product while significantly slowing their rate of greenhouse gas emissions.

Heading into 2017, companies from coast to coast are well-positioned to secure ongoing reductions in carbon emissions from their fleets – thereby helping the United States to achieve international commitments under the Paris Agreement, delivering greater value to customers and shareholders while ensuring state or municipal policy objectives will be achieved, and sharpening their ability to meet declining emissions limits in accordance with a federal regulatory framework.

Even the vast majority of states litigating against the Clean Power Plan can comply with the CPP targets by optimizing the carbon pollution benefits from already planned investments and compliance with existing state policies. The Clean Power Plan is crucial to making certain that states and companies take advantage of the opportunity to ensure the carbon reduction potential of these investments are fully realized, so they can in fact achieve these reasonable protections.

The shift to a lower-carbon future should continue, as power companies recognize both the imperative to reduce emissions and the benefits of moving in this direction despite changing political winds in Washington.

For example, shortly after the November election, a number of executives from historically coal-intensive companies convincingly reaffirmed their commitment to de-carbonization:

• No matter who occupies the White House, “[coal is] not coming back,” said American Electric Power CEO Nick Akins. “We’re moving to a cleaner-energy economy and we’re still getting pressure from investors to reduce carbon emissions. I don’t see that changing.”
• “It can’t just be, ‘We’re going to get rid of these regulations, and you guys can party until the next administration comes,’” Cloud Peak Energy Vice President Richard Reavey said. “There are serious global concerns about climate emissions. We have to recognize that’s a political reality and work within that framework.”
• “Markets are driving a lot of the behavior,” said Tom Williams, a spokesman for Duke Energy. “[W]e’ll continue to move toward a lower carbon energy mix.”
• “We’ve always had a point of view at Southern that there’s a reasonable trajectory in which to move the portfolio of the United States to a lower carbon future,” said Southern Company CEO Tom Fanning. “There’s a way to transition the fleet now.” In a later interview, Fanning added: “It’s clear that the courts have given the EPA the right to deal with carbon in a certain way.”
• “Regardless of the outcome of the election,” said Frank Prager, Xcel Energy’s Vice President of Policy and Federal Affairs, “Xcel Energy will continue pursuing energy and environmental strategies that appeal to policymakers across the political spectrum because we are focused on renewable and other infrastructure projects that will reduce carbon dioxide emissions without increasing prices or sacrificing reliability.”

Acting on these commitments, many power companies are continuing to expand their renewable investments while phasing out high-carbon generation, putting them in a solid position to comply with robust carbon pollution regulations.

Here are a few recent highlights just from the last months:

• At the end of December, Florida Power & Light (FPL) showed strong leadership when announcing plans to shut down the recently-acquired 250-megawatt Cedar Bay coal plant at the end of the year. “I’m very proud of our employees for proposing this innovative approach that’s environmentally beneficial and saves customers millions of dollars,” said CEO Eric Silagy. FPL plans to replace the retired power with natural gas and solar — the company added 224 megawatts of solar capacity in 2016. FPL also noted that their system is now “cleaner today than the 2030 carbon emissions rate goal for Florida outlined by the Clean Power Plan,” while average residential bills are about 30 percent lower than the national average.
• On December 30, Southern Company announced an agreement with Renewable Energy Systems America to develop 3,000 megawatts of renewable energy scheduled to come online between 2018 and 2020. The agreement comes as Southern Company continued to boost its renewable portfolio with the acquisition of 300 megawatts of wind power in late December, bringing its total to more than 4,000 megawatts of renewable generation added or announced since 2012.
• Duke Energy acquired its first solar project in Colorado on Dec. 8. The purchase advances Duke’s goal of owning more than 6,000 megawatts of renewable energy projects by 2020.

After the election, a number of power companies reiterated their commitment to reducing air pollution and meeting their obligations under the federal Clean Air Act by transitioning aging coal plants.

• PNM Resources spokesman Pahl Shipley said the company has no change in plans for retiring two units at a New Mexico plant, totaling 837 megawatts of capacity, in 2017. PNM will replace the retired capacity with solar and nuclear power.
• The Tennessee Valley Authority is moving forward with plans to retire two coal plants in 2017, as well as a third in 2018.
• Colorado-based electric cooperative Tri-State Generation will move forward with plans to retire its 100-megawatt Nucla coal plant and Unit 1 of the Craig coal plant. “We are moving forward with retirement activities and developing a transition plan for the employees and communities,” said Tri-State spokesman Lee Boughey after the election.

These announcements follow one of the biggest clean energy leadership stories of 2016 – commitments by two midcontinent utilities, Xcel Energy and Berkshire Hathaway Energy, to go big on cost-effective investments in new wind resources.

• This past year, Minnesota regulators approved a plan for Xcel Energy to construct as much as 1,800 megawatts of new wind power and 1,400 megawatts of solar in the state by 2030. Xcel also received approval to build a 600 megawatt wind farm in Colorado.
• Berkshire subsidiary MidAmerican Energy secured approval to construct a massive 2,000 megawatt wind farm in Iowa that will be the “largest wind energy project in US history.” Said CEO Bill Fehrman: “Our customers want more renewable energy, and we couldn’t agree more.”

State policymakers have not stayed on the sidelines, either. 2016 sustained progress as states moved forward with commonsense efforts to reduce emissions of harmful air pollutants. And even with promises to roll back critical clean air, climate, and clean energy progress coming out of Washington, D.C., states made clear after the election that they will not be slowed down by potential federal backsliding:

• On December 7, Illinois enacted a comprehensive new energy bill that will in part double the state’s energy efficiency portfolio and allow for 4,300 megawatts of new solar and wind power while providing for continued operation of zero-emission nuclear facilities. These measures are expected to reduce the state’s carbon emissions 56 percent by 2030.
• On December 15, Michigan lawmakers approved a new bill to increase the state’s renewable portfolio standard to 15 percent by 2021, up from 10 percent. Republican Governor Rick Snyder touted the bill in a statement: “What we’re in is a huge transition in how we get our energy. We’ve got a lot of aging coal plants that are beyond their useful life, and it’s not worth investing in them anymore … We can transition to both natural gas and renewables and let the markets sort of define the balance between those two, so we’re moving away from an old energy source [where] we had to import all of this coal.”
• Also in December, Washington Governor Jay Inslee proposed the state adopt a first-of-its-kind carbon tax of $25 per metric ton of carbon pollution. The proposal supplements the state’s innovative Clean Air Rule, adopted in September, which caps carbon emissions from individual polluters.
• Nine states comprising the Regional Greenhouse Gas Initiative are engaged in a stakeholder process designed to establish new, more protective, standards for climate pollution.
• In Oregon, regulators are evaluating options for a market-based mechanism that could link to the California-Quebec carbon market, releasing a partial draft report on November 21.

• Governors such as Colorado’s John Hickenlooper continue to display strong leadership and a keen understanding of the imperative to move to a low-carbon future. After the election, Hickenlooper said he remains committed to fulfilling the goals of the Clean Power Plan, no matter what happens to the rule.
• In Pennsylvania, a spokesman for Governor Tom Wolf’s Department of Environmental Protection (DEP) noted that: “Pennsylvania’s carbon footprint has been shrinking rapidly due to market based decisions being made in the state’s electric generating sector … It is likely that this trend will continue.” He added that the DEP “will continue to seek ways to continue addressing climate change.”
• In California, Governor Jerry Brown mounted a vigorous defense of California’s climate leadership and the role the state will continue to play in setting the stage for ongoing progress and defending the important progress of the last eight years. “We’ve got the scientists, we’ve got the lawyers and we’re ready to fight. We’re ready to defend,” he said.

The momentum that power companies and states have generated towards achieving a clean energy future is powerful and encouraging.

Looking to 2017 and beyond, market trends are expected to continue to help facilitate de-carbonization of the electric sector, while federal and state policies must continue to provide certainty about the pace and depth of emissions reductions needed to address the threat of climate change. These policies will help companies plan clean energy investments in a way that maximizes benefits for consumers and facilitates optimal deployment of available resources.

The Clean Power Plan remains crucial to achieving these goals. Any disruption in the Clean Power Plan’s implementation could put long-overdue and readily achievable emission reductions at risk.

As we ring in the New Year, EDF will keep working with a diverse set of stakeholders across the country — including many state officials and power companies — to defend these critical environmental safeguards. At the same time, we will work vigorously to ensure that we achieve the reductions in carbon pollution envisioned by the program.

This post originally appeared on our Climate 411 blog.

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