Trump Administration Repeals Clean Power Plan

On October 12, 2017, in Uncategorized, by timprofeta

The Nicholas Institute for Environmental Policy Solutions at Duke University

The Trump administration on Tuesday issued a Notice of Proposed Rulemaking that calls for the Clean Power Plan, which sets state-by-state carbon reduction targets for power plants, to be repealed.

“The Obama administration pushed the bounds of their authority so far with the CPP that the Supreme Court issued a historic stay of the rule, preventing its devastating effects to be imposed on the American people while the rule is being challenged in court,” said U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt. “We are committed to righting the wrongs of the Obama administration by cleaning the regulatory slate. Any replacement rule will be done carefully, properly, and with humility, by listening to all those affected by the rule.”

Former Obama-era EPA Administrator Gina McCarthy was surprised that the Trump administration issued a repeal without a proposal for a new rule.

“… I was surprised that they decided to repeal the rule without proposing anything else in its stead, because, as the science dictates and as the law dictates, the EPA’s obligated to regulate carbon pollution from this sector,” McCarthy said. “So it surprises me that they weren’t a little bit more sensitive to the court challenges and what the courts have been telling EPA for many years, which is, you need to regulate this.”

The notice argues that the Obama administration exceeded the EPA’s authority under the Clean Air Act when it issued the Clean Power Plan in 2015. But in doing so, the Trump administration’s proposal appears to push off the EPA’s obligation to regulate greenhouse gases in the near future. It proposes to withdraw the rule to avoid a D.C. Circuit Court decision on precisely the question that is used to justify the withdrawal—whether it can set targets for greenhouse gases under the Clean Air Act based on efforts that can be made outside of the power plant. The addition of a Notice of Proposed Rulemaking adds an additional administrative step that only delays action further.

To avoid unnecessary delays surrounding how to regulate greenhouse gases from power plants, I stated that the D.C. Circuit Court could rule on the legality of the Clean Power Plan. If a new Trump rule were finalized, the same issues would once again come before the same court, but with the parties switching places, with the defenders of the Obama rule challenging the Trump rule, and vice versa. A decision now would clear up any dispute over the extent of EPA’s authority to regulate greenhouse gas emissions.

The rule was stayed by the Supreme Court in February 2016 before it took effect. Dozens of states, however, are already making progress toward Clean Power Plan emissions targets. New analysis from the research firm Rhodium Group breaks down which states appear to be still on track to meet their Clean Power Plan targets even after repeal and which are not. Nationwide, the group projected that emissions from electricity would fall 27 to 35 percent below 2005 levels by 2030 even without the plan—but they could have declined even further if the rule had gone into effect.

Wheeler Nominated to EPA

President Donald Trump nominated Andrew Wheeler as deputy administrator of the U.S. Environmental Protection Agency. A former top aide to Sen. Jim Inhofe (R-Okla.) and lobbyist for energy companies, Wheeler has been the long-rumored pick to fill the EPA’s number two job.

“Andrew will bring extraordinary credentials to EPA that will greatly assist the Agency as we work to implement our agenda,” said EPA head Scott Pruitt in the White House announcement. “He has spent his entire career working to improve environmental outcomes for Americans across the country and understands the importance of providing regularity certainty for our country.”

Wheeler spent six years as the Republicans’ chief counsel and staff director on the Senate Environment and Public Works Committee, which Inhofe chaired. He also served at the EPA during the early 1990s.

Until he de-registered himself in August, Wheeler was a lobbyist for Murray Energy, the nation’s largest privately owned coal company. It’s not clear if his lobbying status will require a waiver by the EPA—Trump signed an executive order in January that prevents registered lobbyists from participating in “any particular matter” on which they lobbied in the past two years. But the executive order says the administration can grant a waiver.

As Pruitt Calls to End Renewables Credits, Study Showcases Oil Industry’s Dependence on Subsidies

EPA Administrator Scott Pruitt on Monday called on legislators to put an early end to tax credits for renewables (subscription).

“I would do away with these incentives that we give to the wind industry,” Pruitt said. “I’d let them stand on their own and compete against coal, natural gas and other sources. Let utility companies make real-time market decisions on those kinds of things, as opposed to being propped up through tax incentives and other types of credits that occur both at the federal and state level.”

Pruitt was referring to two tax credits approved by Congress in 2015: a 2.3-cent-per-kilowatt hour wind industry tax credit expiring in 2020 and a 30 percent solar industry tax credit expiring in 2022. He did not mention that competing energy sources like coal, oil and natural gas also benefit from billions of dollars in tax credits.

A study published in the journal Nature Energy finds that at the current price of $50 a barrel, nearly half the as-yet-to-be-developed crude oil fields in the United States are profitable when otherwise they would not be.

“Our analysis suggests that oil resources may be much more dependent on subsidies than previously thought, at least at prices near US$50 per barrel,” said the authors.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

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The Nicholas Institute for Environmental Policy Solutions at Duke University

In a letter to the Federal Energy Regulatory Commission (FERC), Department of Energy Secretary Rick Perry proposed that FERC change its rules to help coal and nuclear plants compete in wholesale power markets. The change would mandate that plants capable of storing 90 days of fuel supplies at their sites get increased payments for electricity. The plan may represent the Trump administration’s most consequential attempt to reshape the electricity market to date.

Perry proposed the rule change in the name of electric grid resilience, which he said is threatened by recent coal and nuclear plant closures. With the letter, he enclosed a Notice of Proposed Rulemaking directing FERC to either take final action to implement the change within 60 days of the notice’s publication in the Federal Register or to issue the proposed rule as an interim final rule. The notice includes legal justification for FERC’s authority to issue the proposed rule without an environmental assessment or an environmental impact statement.

The proposed rule, which fits with the Trump administration’s stated intention to support fossil fuels, is not the first attempt to alter wholesale electricity markets in light of changes in the electricity sector. The PJM Interconnection, the regional transmission organization that operates the grid and electricity market in 13 eastern U.S. states, is exploring ways to make wholesale electricity markets and evolving state policies work better together. A range of perspectives on PJM’s proposed responses to state subsidies for various generation sources were reflected last week at an event, co-hosted by Duke University’s Nicholas Institute for Environmental Policy Solutions and the Great Plains Institute, on harmonization of state energy policies and PJM’s markets.

Energy analysts and energy regulators, including former FERC commissioners, have criticized Perry’s proposal, saying it could increase customer costs and power sector pollution while actually doing little to enhance system resilience.

Perry’s proposal presents no evidence of immediate dangers to the nation’s grid from retirements of marginal coal and nuclear plants, according to a broad group of energy companies that made a joint filing urging FERC to reject Perry’s push for fast action. In an updated motion filed Tuesday, the 11 groups asked for an extension of FERC’s comment deadline.

According to EnergyWire, the proposal appears to contradict a report from the North American Electric Reliability Corp. (NERC), which it cites. The report makes no claim of a grid in crisis and notes that essential reliability services—typically furnished by retiring coal and nuclear plants—are within the capacity of gas, renewable power and electricity storage to provide.

Nor does the proposal completely align with a DOE-ordered study, cited in the 11 energy associations’ joint filing, on the reliability of the nation’s electric grid that was released in August. That study conceded that the rapid increase of renewables has not undermined the power network, though it, too, called for changing electricity pricing rules, along with loosening of pollution regulations, to protect the coal industry.

Proposal Suggests Ending Clean Power Plan, While Court Orders Methane Rules Move Forward

The U.S. Environmental Protection Agency (EPA) will propose a repeal of the Obama administration’s Clean Power Plan, which sets state-by-state carbon reduction targets for power plants, reports Reuters.

An EPA document distributed to members of the agency’s Regulatory Steering Committee indicated that the EPA “is issuing a proposal to repeal the rule.” It went on to say it intends to issue what it calls an Advanced Notice of Proposed Rulemaking to solicit input as it considers “developing a rule similarly intended to reduce CO2 emissions from existing fossil fuel electric utility generating units.”

But Gina McCarthy, who served as EPA administrator under former President Barack Obama starting in July 2013, says that pronouncements don’t equal the law and that moves to undo Obama’s climate legacy will not withstand legal challenges.

“You really have to work hard to show the prior administration made a mistake when it made the rules,” said McCarthy. “Did we get the science wrong? The law wrong? The facts different? I think you’re going to see we did a good job, so it’s going to be a long time in discussions in the courts, and I think in the end things will continue to move forward.”

A Trump administration review of the Clean Power Plan is expected to be finalized this fall, according to an EPA court filing.

The U.S. District Court for the Northern District of California on Wednesday ordered that the Trump administration acted unlawfully when it delayed a separate emissions rule designed to reduce leaking, venting and flaring of methane emissions from oil and gas drilling activity. This week the Trump administration announced another proposal to stall standards until 2019, but EnergyWire reports that the district court’s order means the rule will now take effect.

Carbon Dioxide Emissions Flat for Third Consecutive Year

Earth-warming carbon dioxide emissions remained static in 2016, according to data from the Netherlands Environmental Assessment Agency (NEAA). Of the world’s biggest carbon emitters, only India experienced an increase (4.7 percent). China and the United States, the top two emitters, experienced decreases (0.3 percent and 2.0 percent, respectively), resulting primarily from reduced coal use.

2016 marks the third year in a row that carbon dioxide emissions have not increased. That’s an unprecedented trend at a time when the global economy is growing, according to NEAA. Yet, their amount—upward of 35 billion tons last year—is still enough to raise global temperatures to dangerous levels. In some big countries, these emissions are still increasing, suggesting that they are not guaranteed to remain flat or to decrease in the future.

Importantly, the NEAA report also found that greenhouse gas emissions other than carbon dioxide rose by approximately 1 percent. Moreover, the report did not account for carbon dioxide emissions from land use changes, which are more difficult to estimate and vary significantly from year to year.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

The Nicholas Institute for Environmental Policy Solutions at Duke University

A Trump administration review of the Obama administration’s Clean Power Plan, which sets state-by-state carbon reduction targets for power plants, is expected to be finalized this fall, said the U.S. Environmental Protection Agency (EPA) in a court filing last week.

The EPA was expected do away with the signature climate regulation, which the Supreme Court stayed in early 2016 and which would require the U.S. electricity sector to cut its carbon dioxide emissions by up to 32 percent, from 2005 levels, by 2030. But, according to Politico, the Trump administration has suggested that it might consider a replacement at the urging of power companies fearful that a repeal could trigger courtroom challenges that would lead to years of regulatory uncertainty.

If, for reasons of regulatory certainty and legal prudence, the Trump administration does conclude that some limits on the plants’ carbon emissions are a good idea, The Hill reports that the regulation is likely to focus solely on carbon reductions that plants can achieve, mainly by improving the efficiency of coal-fired generators. By contrast, the existing rule ordered reductions based not just on efficiency gains but also on use of relatively low-carbon power sources like natural gas as well as renewable fuels. Hence carbon reductions achievable through a Trump rule would be much lower than former president Barack Obama’s rule, and emissions might actually rise if efficiency gains discouraged the closure of coal plants by making them cheaper to operate.

If the Trump administration does move to repeal the Clean Power Plan, it will have to change the cost-benefit calculus to justify the move, reported ClimateWire (subscription). According to the Obama-era EPA, every $1 spent on compliance might buy $6 in benefits, in part by averting premature deaths and health problems. The Trump administration’s cost-benefit analysis, promised last March as part of its announced review of the rule, could telegraph how it might recalculate the benefits of curbing climate change as it moves to eliminate other Obama-era regulations.

Announcement of the Clean Power Plan review’s finalization came as officials from the White House’s policy councils and representatives from federal agencies, including the EPA and the U.S. Department of Energy, met to begin plotting a climate and energy strategy, one aimed at new policies that break from the Trump administration’s extensive efforts to repeal climate regulations and to push back on the public perception that the administration doesn’t support climate change science, a perception reinforced by EPA Administrator Scott Pruitt’s launching of a critique of the validity of that science.

“This was a forward-looking meeting on strategy and how to prioritize the administration’s climate goals and objectives moving forward,” said an administration spokesman said. “This particular meeting was more big picture strategy.” The purpose was to bring together “a whole group of stakeholders … that are involved in climate issues and looking ahead to what policy initiatives we may put in place.”

Nevertheless, on Monday the EPA announced that it is preparing to submit a final report to the White House on rules that are ripe for repeal because they may burden fossil fuel production and use—a report required of all federal agencies by Trump’s March executive order on regulations, E.O. 13783, and by subsequent Office of Management and Budget guidance.

Ontario Joins California and Quebec in Carbon Market

Ontario joins California and Quebec in their cap-and-trade program, which aims to reduce greenhouse gas emissions. Announced on Friday, the agreement, which takes effect Jan. 1, creates the world’s second largest carbon market behind the European Union’s market.

“Climate change is a global problem that requires global solutions,” said Kathleen Wynne, premier of Ontario. “Now more than ever, we need to work together with our partners at home and around the world to show how our collaboration can lead to results in this international fight. Today’s carbon market linking agreement will add to the success we have already seen in reducing greenhouse gas emissions in Ontario, Québec and California. We are stronger together, and by linking our three carbon markets we will achieve even greater reductions at the lowest cost.”

The system puts a “cap” on the amount of pollution companies in certain industries can emit. If they exceed those limits, they must buy allowance permits at auction or from other companies that come in under their pollution limits. Linking the carbon markets means participating companies will be able to use carbon allowances and offsets issued by any of the three governments at their quarterly auctions. The addition of Ontario significantly expands the allowance market, according to California Air Resources Board spokesman Stanley Young.

“Ontario’s market is roughly 40 percent to 50 percent the size of California’s carbon market,” he said. “Quebec’s is 15 percent of California’s.”

Transportation Emissions under Microscope

The Federal Highway Administration announced that the 2016 Transportation Clean Air Rule, which requires state and local planners to track and curb pollution from trucks and cars on federal highways in their jurisdictions, goes into effect today.  Legal pressure following a Trump administration announcement, in May, to “indefinitely delay” the rule earned its reinstatement.

With the rule back in place, the Federal Highway Administration can resume working with state and local planners to find transportation options that reduce greenhouse gas emissions by the first compliance deadline of October 2018.

Originally finalized days before President Donald Trump’s inauguration, the rule requires state and metro transport agencies and planning organizations to track carbon dioxide emitted by vehicles traveling on the national highway system. The agencies also must set two-year emissions-reduction targets, four-year targets, or both, and they must periodically report on their progress.

A Federal Register notice indicates that the Trump administration will still propose a rule repeal by the end of the year—possibly finalizing it in spring 2018.

Some states, including California and Massachusetts, already require highway planners to consider the climate impacts of roads. For California in particular, history, legal precedent and regulatory defiance has given the state the unique authority to write its own air pollution rules and set its own auto emissions standards. For now, the federal waiver allowing California to set these standards will not be revoked, according to U.S. Environmental Protection Agency Administrator Scott Pruitt. It appears California may re-open discussions on its greenhouse gas limits for cars and trucks for 2025 if automakers and the Trump administration embrace tougher targets that the state is seeking for later years.

“The price of getting us to the table is talking about post-2025,” said Mary Nichols, chair of the California Air Resources Board. “California remains convinced that there was no need to initiate this new review of the review and that the technical work was fully adequate to justify going ahead with the existing program, but we’re willing to talk about specific areas if there were legitimate concerns the companies raised — in the context of a bigger discussion about where we’re going post-2025.”

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

The Nicholas Institute for Environmental Policy Solutions at Duke University

Absent efforts well beyond those described in the Paris Agreement—to limit warming to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit that increase to 1.5 degrees Celsius—climate change could pose a deadly threat to most humans by century’s end. This finding was suggested by an international group of climate science and policy experts in a pair of recently published studies.

To avoid the worst consequences of climate change, a paper published in the Proceedings of the National Academy of Sciences (PNAS) said the world would have to take aggressive measures to curtail the use of fossil fuels and emissions of short-lived climate pollutants such as methane. In addition, we would also have to extract carbon dioxide from the air and sequester it before it can be emitted.

According to the findings, which were originally published by the University of California’s Scripps Institution of Oceanography, there is a 5 percent chance of catastrophic change within roughly three decades, and a smaller chance that it would extinguish human life. It proposed two new classifications for climate change: “catastrophic,” meaning that adaptation would be difficult for most people, and “unknown,” or “existential,” meaning that adaptation would be impossible.

“There is a low probability that the change will be catastrophic,” said the study’s lead author, Veerabhadran Ramanathan, a professor of climate and atmospheric sciences at Scripps. “But you would not get on an airplane if you thought there was a 5 percent chance that it was going to crash.”

The researchers defined their proposed risk categories on the basis of guidelines established by the Intergovernmental Panel on Climate Change and previous independent studies. Even a global temperature increase limited to 1.5 degrees Celsius (2.7 degrees Farenheit)—the Paris Agreement’s aspirational goal—is categorized as “dangerous.” An increase greater than 3 degrees Celsius (5.4 degrees Farenheit) could be “catastrophic,” and an increase greater than 5 degrees Celsius (9 degrees Farenheit) could lead to “unknown” but potentially existential threats. For humans, catastrophic impacts include widespread famine and the exposure of more than 7 billion people to heat-related mortalities.

Policy and science experts, including Ramanathan, relied on the PNAS findings to compile a report on potential warming containment efforts. That report pointed to the need for greater weight on subnational government action and a sharp uptake in mature clean energy technologies—such as wind, solar, biogas, and geothermal—coupled with aggressive electrification of transportation and building energy use.

A separate analysis published in the journal Nature Geoscience says the Paris Agreement’s 1.5 Celsius aspirational goal may be more feasible than many think. It makes a fresh estimate of the necessary carbon budget, including updating measurements of the emissions and warming that have already occurred, and shows that the global carbon emissions budget that meets that goal is equivalent to 20 years of current global annual emissions. But other researchers have raised questions about the analysis—which, if correct, would have very large implications for climate policymaking. Aside from concerns about the new study’s methods and assumptions, broader questions about the definition of the carbon budget and how it should be calculated are now swirling.

Senators, Local Level Decision Makers Focus on Climate Action

After some speculation following comments by Secretary of State Rex Tillerson, the White House, on Monday, reaffirmed its commitment to withdraw from the Paris Agreement.

“There has been no change in the United States’ position on the Paris agreement,” White House Deputy Press Secretary Lindsay Walters told CNN. “As the President has made abundantly clear, the United States is withdrawing unless we can re-enter on terms that are more favorable to our country.”

Despite the White House’s stance on the global climate accord, others are taking steps to acknowledge and, in some cases, take specific action on the issue. Republican Sen. Lindsey Graham on Tuesday told guests attending a climate change conference convened at Yale University by former Secretary of State John Kerry that he supports a carbon tax to reduce greenhouse gas emissions.

“I’m a Republican. I believe that the greenhouse effect is real, that CO2 emissions generated by man is creating our greenhouse gas effect that traps heat, and the planet is warming,” said Graham. “A price on carbon—that’s the way to go in my view.”

Sen. Graham’s reinvocation of these concepts means that there may be some ability to have conversations again about the bipartisan solution to climate change (subscription).

State and local leaders associated with the C40 Cities Climate Leadership Group—a network of megacities dedicated to addressing climate change—remain focused on faster climate action. As part of a Climate Week convening, several mayors discussed how that action falls on them now that the United States is pulling out of the Paris Agreement.

“As mayors, our responsibilities also became even clearer. It’s not enough to reach our ‘80 by 50’ goal,” said New York City Mayor Bill de Blasio, referencing New York City’s earlier commitment to cut greenhouse gases by 80 percent by midcentury, “or to go along with the fantastic goal of keeping warming to two degrees Celsius. If the U.S. government is backing away, we had to step forward.”

On Wednesday, 91 U.S. cities and Denmark unveiled a climate plan that aims to enhance cooperation among companies, governments, regions and cities in an effort to promote green growth. The initiative is dubbed Partnering for Green Growth and the Global Goals 2030. Also, North Carolina joined 14 other states in the U.S. Climate Alliance—a bipartisan group of states committed to reducing their share of greenhouse gas emissions in line with the goals that countries agreed upon as part of the Paris Agreement.

“In the absence of leadership from Washington, North Carolina is proud to join the U.S. Climate Alliance, and we remain committed to reducing pollution and protecting our environment,” said North Carolina Gov. Roy Cooper. “So much of North Carolina’s economy relies on protecting our treasured natural resources, and I’m committed to maintaining the quality of their air we breathe for generations to come.”

Report: Energy Outlook to 2040

World energy consumption will increase 28 percent by 2040, the U.S. Energy Information Administration (EIA) projects in its latest International Energy Outlook 2017. Areas in China and Asia will consume the most energy—representing as much as 60 percent of increased demand.

The report indicates that fossil fuels will continue to dominate the world energy mix, making up 77 percent of energy use in 2040, while renewables, despite growing faster than any other fuel source during the coming years, will represent just 17 percent of world energy consumption by 2040. Demand for coal will remain relatively flat with consumption projected to decline from 27 to 25 percent between 2015 and 2040.

Global natural gas consumption is seen increasing by 1.4 percent per year over the forecast period.

“Abundant natural gas resources and rising production—including supplies of tight gas, shale gas, and coalbed methane—contribute to the strong competitive position of natural gas,” the report indicates.

Nuclear power is expected to grow the fastest behind renewables, with consumption increasing about 1.5 percent per year.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

The Nicholas Institute for Environmental Policy Solutions at Duke University

The Senate Appropriations Committee voted 16 to 14 to approve an amendment to restore funding for the United Nation’s Framework Convention on Climate Change (UNFCCC) in a spending bill for the State Department, setting up a negotiation with the House over its version of the State funding bill, which does not fund the U.N. climate agency.

“[This] fits in with Secretary of State [Rex] Tillerson’s desire that we both continue to monitor the changes in the world’s climate and that we keep a seat at the table,” said Sen. Jeff Merkley, D-Ore., who sponsored the amendment.

The Senate bill would direct $10 million to the body that oversees U.N. efforts to address climate change, despite President Donald Trump’s proposal to cut funding in his first budget draft earlier this year. Since 1992 the United States has contributed some 20 percent of operational funding—$6.44 million—for the secretariat of the UNFCCC and last year provided 45 percent—$2 million—to its science wing, the Intergovernmental Panel on Climate Change.

The Senate bill would not restore U.S. funding for the Green Climate Fund, which helps poor countries adapt to climate change.

The vote on the bill came between two highly destructive hurricanes that representatives of some small island nations are pointing to as they press their case for wealthy countries to pay not just for adaptation but also for climate-related “loss and damage.”

“If ever there was a case for loss and damage, this is it,” Ronny Jumeau, U.N. ambassador from Indian Ocean island nation the Seychelles, told Reuters, referring to Hurricane Irma and other recent storms.

“Hurricane Irma graphically shows the destructive power of climate change and underscores that loss and damage isn’t some abstract concept, but the reality of life today for the people who contributed least to the problem,” said Thoriq Ibrahim, Maldives’ environment minister who chairs the U.N. negotiating bloc Alliance of Small Island States.

On Wednesday, the House voted to block funding for an Obama-era U.S. Environmental Protection Agency (EPA) effort to limit methane emissions from new oil and gas drilling sites. EPA Administrator Scott Pruitt had imposed a two-year delay on the implementation of the 2016 regulation to review the rules and potentially roll them back. But in July, a federal appeals court blocked the Trump administration from eliminating the methane rule.

DOE Solar Program Hits Target Early; Funding Issued for Cybersecurity

The U.S. Department of Energy (DOE), this week, announced that efforts to make solar power more cost-competitive hit a key target. The average price of utility-scale solar is now 6 cents per kilowatt-hour (kWh)—a price hit three years ahead of a target DOE set through the SunShot Initiative in 2011.

“It’s important to celebrate the progress we’ve made, and be realistic about the challenges that lie ahead,” said Dan Simmons, acting assistant secretary for energy efficiency and renewable energy. “Solar’s costs have dramatically declined, but electricity rates have not. As we experience greater penetration of solar [photovoltaics], we experience new challenges.”

DOE attributed the early milestone to rapid declines in the cost of hardware.

In the same announcement, DOE said it will spend $82 million to research energy storage and technologies that could help grid operators detect problems rapidly not only to reduce physical and cyber vulnerabilities, but also to enable consumers to manage electricity use.

Separately, the DOE also announced plans to fund $20 million in energy cybersecurity projects through an array of national labs, universities and private companies.

“This investment will keep us moving forward to create yet more real-world capabilities that the energy sector can put into practice to continue improving the resilience and security of the country’s critical energy infrastructure,” said Energy Secretary Rick Perry.

Hurricanes Raise Climate Change Issue

The devastation following two hurricanes—Harvey and Irma—that made landfall in the United States this month and last have renewed debate about climate change. On a plane ride from Columbia, Pope Francis—who has spoken out about the issue previously—weighed in on the debate.

“If we don’t turn back, we will go down,” said Pope Francis. “Those who deny it should go to the scientists and ask them. They are very clear, very precise. They [world leaders] decide and history will judge those decisions.”

Although many in the Trump administration are not discussing climate change, it is rumored that National Economic Council Director Gary Cohn will host an energy and climate discussion with international officials.

The invitation, obtained by Politico, says the gathering is an “opportunity for key ministers with responsibility for these issues to engage in an informal exchange of views and discuss how we can move forward most productively.”

A White House official told The New York Times that the meeting was intended to be an informal discussion to help the Trump administration find a way to fulfill the president’s pledge to reduce emissions without harming the American economy.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

The Nicholas Institute for Environmental Policy Solutions at Duke University

Hurricane Irma is shaping up to be a potentially catastrophic storm that remains on course to hit Florida by Sunday. Coming immediately after Hurricane Harvey, Irma is increasing attention to the relationship of severe weather events to climate change. Throughout the past few decades, hurricanes in particular have drawn attention to the need to fight climate change, with scientists recognizing that although climate change is not the cause of hurricanes, “a warmer planet will produce bigger and more destructive hurricanes.” What is unclear, however, is when American politicians will conclude that the severity and frequency of big storms requires more action to reduce global warming pollution.

Whatever the political reaction after Harvey and Irma, the storms are making clear their implications for energy infrastructure. The hazard with hurricanes are the associated winds, storm surge and, most of all, rain. Already, energy companies in the state are bracing for the hazards that Hurricane Irma, which registered at a category 5 on Wednesday, could bring.

When Houston providers were hit by Hurricane Harvey last month, they experienced limited power outages thanks to investments—smart meters and a fault location, isolation and service restoration system—made after Hurricane Ike in 2008. Still, oil refineries, chemical plants and shale drilling sites have reported Harvey-triggered flaring, leaks and chemical discharges—releasing more than 1 million pounds of air pollutants in the week after the storm.

Adrian Shelley, director of the Texas office of Public Citizen, noted that the Houston area has a “deep concentration of fuel production in this one area that’s so intensely vulnerable.”

In an op-ed in The Conversation experts Andrew Dessler, Daniel Cohan and Katharine Hayhoe write that “today, wind and solar power prices are now competitive with fossil fuels across Texas. Across the country, these industries already employ far more people than coal mining. Electric cars may soon be as affordable as gasoline ones and be charged in ways that help balance the fluctuations in wind and solar power.” 

And Rep. Fred Upton (R-Mich) and Valerie Brader write in The Hill that “as Hurricane Harvey has taught us, making sure our energy resources are safe, secure and plentiful should not be a partisan issue. It’s an issue we can’t afford to wait on.”

“It makes you realize, these megastorms, if you haven’t been hit by one, your worst-case scenario is nowhere near a true worst-case scenario,” said Daniel J. Kelly, the executive director of the New Jersey Office of Recovery and Rebuilding, as he recalled his state’s struggle to respond to Hurricane Sandy.

Trump Announces Picks for NASA, Other Climate-Related Posts

On Tuesday, the Trump administration sent 46 nominations to the Senate for confirmation, among them Rep. Jim Bridenstine of Oklahoma to head up the National Aeronautics and Space Administration (NASA). Bridenstine doesn’t have a background in science—he studied economics, business and psychology at Rice University. Before he became a Republican congressman in 2012 he worked as executive director of the Tulsa Air & Space Museum & Planetarium and served as a Navy combat pilot.

Last year, he sponsored a bill called the American Space Renaissance Act, which proposed broad, ambitious goals for the nation’s space program, including directing NASA to devise a 20-year plan. Although he wants Americans to return to the moon and is an advocate for commercial space flight, NPR reported that Bridenstein expressed skepticism that humans are causing climate change.

Science magazine reported that Democrats in the Senate may question Bridenstine about comments he made in 2013, during his first term in the House, while arguing for additional support for weather research. “Mr. Speaker, global temperatures stopped rising 10 years ago,” he said. “Global temperature changes, when they exist, correlate with sun output and ocean cycles.”

Although at the time Bridenstine claimed that any changes in global temperature were linked to natural cycles and not increases in carbon dioxide in the atmosphere from industrial activity, he has since acknowledged that those emissions do play a role in climate change.

But in a 2016 interview with Aerospace America, he suggested that any efforts to lessen the nation’s carbon footprint would be economically detrimental.

“The United States does not have a big enough carbon footprint to make a difference when you’ve got all these other polluters out there,” he said. “So why do we fundamentally want to damage our economy even more when nobody else is willing to do the same thing?”

Six other nominees would, if confirmed, also have a say about climate and energy policy.

  • Timothy Gallaudet, a rear admiral in the U.S. Navy, is the nominee for Assistant Secretary of Commerce for Oceans and Atmosphere. He has experience in assessing the national security impacts of climate change.
  • Matthew Z. Leopold, former General Counsel of the Florida Department of Environment Protection and a former attorney at the U.S. Department of Justice, Environment and Natural Resources Division, is the nominee for Assistant Administrator of the Environmental Protection Agency, General Counsel.
  • William Northey, currently serving his third term as Iowa Secretary of Agriculture, is the nominee for Under Secretary of Agriculture for Farm Production and Conservation.
  • David Ross, currently serving as the director of the Environmental Protection Unit for the Wisconsin Department of Justice, is the nominee for an Assistant Administrator of the Environmental Protection Agency, Office of Water.
  • Bruce J. Walker, founder of Modern Energy Insights, Inc., is the nominee for an Assistant Secretary of Energy, Electricity, Delivery and Energy Reliability.
  • Steven E. Winberg, a veteran of Consol Energy and the Batelle Memorial Institute, is the nominee for an Assistant Secretary of Energy, Fossil Energy.

Nuclear Construction Continuing in Georgia as Southeast Utilities Roll Back Plans

Utilities in Georgia are pressing ahead with plans to build two huge nuclear reactors in the next five years—the only nuclear units still under construction nationwide after South Carolina utilities SCANA’s South Carolina Electric & Gas and Santee Cooper opted to end construction of the V.C. Summer Nuclear Station’s two reactors. The proposal calls for completion of the Georgia reactors at the Alvin W. Vogtle generating station near Augusta, which is already home to two existing nuclear units built in the 1980s.

“Completing the Vogtle 3 and 4 expansion will enable us to continue delivering clean, safe, affordable and reliable energy to millions of Georgians, both today and in the future,” said Paul Bowers, chairman, president and CEO of Georgia Power. “The two new units at Plant Vogtle will be in service for 60 to 80 years and will add another low-cost, carbon-free energy source to our already diverse fuel mix.”

Meanwhile, Duke Energy Florida, Duke Energy Carolinas, and Dominion Virginia Power separately announced plans to rollback efforts to develop additional new reactors— moves that made the future of the United States nuclear industry even more unclear.  Right now, as much as 90 percent of nuclear power could disappear over the next 30 years if existing units retire at 60 years of operation—the current maximum length of operating licenses. A Nicholas Institute for Environmental Policy Solutions study explores how the potential loss of existing nuclear plants in the Southeast interacts with the regions other electricity sector challenges—among them, increasing natural gas dependence, demand uncertainty, and emerging technology—and it proposes steps states can take to address these challenges.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

Harvey Shines Light on Issue of Climate Change

On August 31, 2017, in Uncategorized, by timprofeta

The Nicholas Institute for Environmental Policy Solutions at Duke University

Hurricane Harvey made landfall in Texas last week, dumping more than 50 inches of rain in parts of Houston, the fourth largest U.S. city. After drifting back out over the Gulf of Mexico as a tropical storm, Harvey made a second landfall near the Texas and Louisiana border Wednesday. By the time this extreme storm dissipates, damage is expected to be in the tens of billions of dollars.

As news coverage documents large swaths of destruction from flooding and high winds, many are asking whether climate change makes storms like Harvey more likely and more severe.

“Climate is not central, but by the same token it is grossly irresponsible to leave climate out of the story, for the simple reason that climate change is, as the U.S. military puts it, a threat multiplier. The storms, the challenges of emergency response, the consequences of poor adaptation—they all predate climate change. But climate change will steadily make them worse,” writes David Roberts in Vox.

Roberts’ words were echoed by said Katharine Hayhoe, an atmospheric scientist and professor of political science at Texas Tech University.

“The hurricane is a naturally occurring hazard that is exacerbated by climate change, but the actual risk to Houston is a combination of the hazard—rainfall, storm surge and wind, the vulnerability, and the exposure,” said Hayhoe of Houston’s particularly high vulnerability. “It’s a rapidly growing city with vast areas of impervious surfaces. Its infrastructure is crumbling. And it’s difficult for people to get out of harm’s way.”

The Washington Post also points a finger at a warming climate’s effect on storm surge, rainfall, and storm intensity.

Others, like Meteorologist Eric Holthaus, put it more bluntly. He writes in Politico that “Harvey is what climate change looks like. More specifically, Harvey is what climate change looks like in a world that has decided, over and over, that it doesn’t want to take climate change seriously.”

What’s clear is that like Superstorm Sandy and Hurricane Katrina before it, Harvey has reopened the debate over the connection between hurricanes and climate change, and promises to increase climate’s resonance in the political debate.

Harvey is also leaving a mark on the infrastructure of the country’s largest oil and gas firms. Forbes offered a reminder that in 2008, refinery utilization dropped from 78 percent before Hurricane Ike and to 67 percent the week of the hurricane. Harvey has already knocked out 11 percent of U.S. refining capacity and a quarter of oil production from the U.S. Gulf of Mexico as well as closed ports along the Texas coast. The shutdowns are resulting in a spike in gas prices across the United States.

The environmental fallout—escaping gasoline and releases of hazardous gases from refineries—could worsen.

RGGI States Look to Further Reduce Utility Emissions

Nine Northeast and Mid-Atlantic governors last week agreed to move forward with an extension of and additional emissions cuts through the Regional Greenhouse Gas Initiative (RGGI), a state-driven cap-and-trade system to reduce greenhouse gas emissions from power plants.

According to their proposal, the RGGI states―Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island and Vermont―would cap emissions at some 75 million tons in 2021 and decrease those emissions by 2.25 million tons every year until 2030, resulting in a total decline of 30 percent and leading to an overall reduction of 65 percent of emissions since RGGI began eight years ago. A separate provision would allow for deeper cuts, if not prohibitively costly to states.

The group is also proposing changes to the program’s rules, such as adjusting the emissions cap to remove some excess allowances, allowing states to delay the sale of some emissions allowances if they are too cheap and taking steps to mitigate excess allowances. Starting in 2021, an emissions containment reserve, in which New Hampshire and Maine will not participate, would hold back 10 percent of allowances if the price on carbon credits falls below $6 per ton. After 2021, the emissions containment reserve trigger price would increase by 7 percent annually.

After seeking public comments on the proposal at a hearing in Baltimore on Sept. 25, the RGGI group will conduct additional economic analysis and publish a revised proposal. Each of the nine states must then follow its own statutes to implement the new plan.

“With today’s announcement, the RGGI states are demonstrating our commitment to a strengthened RGGI program that will utilize innovative new mechanisms to secure significant carbon reductions at a reasonable price on into the next decade, working in concert with our competitive energy markets and reliability goals,” said RGGI Chairwoman Katie Dykes.

The RGGI auctions permits for utilities to buy electricity produced at power plants that produce greenhouse gases. RGGI officials say those auctions have raised more than $2.7 billion to invest in cleaner energy since 2009.

Program advocates point to several studies suggesting the program’s success, reported the Boston Globe. One by the Acadia Center in 2016 found that RGGI states reduced emissions by 16 percent more than other states, while growing the region’s economy 3.6 percent more than the rest of the country. At the same time, energy prices in RGGI states fell by an average of 3.4 percent, while electricity rates in other states rose by 7.2 percent.

Inside Climate News reported that although other regions have seen lower carbon emissions courtesy of low-cost natural gas, a study by the Nicholas Institute for Environmental Policy Solutions and the Duke University Energy Initiative found the cap-and-trade market was responsible for about half of the region’s post-2009 emissions reductions, which are far greater than those achieved in the rest of the United States.

Tillerson Signals Intent to Remove Climate Envoy Post

In a letter to Senate Committee on Foreign Relations Chairman Bob Corker, Secretary of State Rex Tillerson shared his intent to reorganize, shift, or eliminate almost half of the agency’s nearly 70 special envoy positions. Among the positions in question: a high-profile representative on the issue of climate change.

“I believe that the department will be able to better execute its mission by integrating certain envoys and special representative offices within the regional and functional bureaus, and eliminating those that have accomplished or outlived their original purpose,” Tillerson wrote.

Tillerson goes on to say that the U.S. Special Envoy for Climate Change—in charge of engaging partners and allies around the world on climate change issues—will be removed and that the functions and staff will be moved to the Bureau of Oceans and International and Scientific Affairs.

“This will involve realigning 7 positions and $761,000 in support costs within D&CP from the Office of the Secretary to the Bureau of Oceans and International and Scientific Affairs (OES),” the letter states.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

The Nicholas Institute for Environmental Policy Solutions at Duke University

The U.S. Department of Energy, on Wednesday night, released its electric grid reliability study, finding that the greatest driver of baseload power plant retirements was cheap natural gas followed by flat power demand, environmental regulations and the growing penetration of renewables on the grid.

Requested by U.S. Department of Energy Secretary Rick Perry in April, the study was intended to report on whether the U.S. electric grid can handle the retirement of aging coal-fired and nuclear power plants and the “market-distorting effects of federal subsidies that boost one form of energy at the expense of others.”

It found that “the biggest contributor to coal and nuclear plant retirements has been the advantaged economics of natural gas-fired generation.”

It offers recommendations to boost coal and nuclear. It suggests that the U.S. Environmental Protection Agency (EPA) ease rules for resources such as coal, nuclear and hydropower and that the Nuclear Regulatory Commission likewise ease permitting rules for nuclear plants. It also suggests that the Federal Energy Regulatory Commission (FERC) expedite efforts to reform the way prices are set in wholesale markets and how those markets value reliability. Finally, it recommends that the Department of Energy should prioritize research and development for grid resiliency, reliability, modernization and renewables integration technologies be promoted.

Notably absent from the grid study was any mention of climate change, the focus of a 15-member panel disbanded Friday by the Trump administration. The panel had been charged with helping officials and policy makers evaluate a separate federal report, the National Climate Assessment Report. Its members warned that the move leaves the public to deal with what amounts to a data dump with its impending release.

Established by the National Oceanic and Atmospheric Administration (NOAA) in 2015, the Federal Advisory Committee for the Sustained Climate Assessment included members of government, industry, academia and non-profits. The group was charged with helping evaluate the National Climate Assessment Report, a portion of which [the Climate Science Special Report] was widely publicized in its draft form earlier this month.

The charter for the committee expired Sunday. A note on the committee’s website offers that “per the terms of the charter, the Federal Advisory Committee for the Sustained National Climate Assessment (Committee) expired on August 20, 2017. The Department of Commerce and NOAA appreciate the efforts of the committee and offer sincere thanks to each of the committee members for their service.”

NOAA Communications Director Julie Roberts said “this action does not impact the completion of the Fourth National Climate Assessment, which remains a key priority.”

The Climate Science Special Report is due in its final form in November; the larger congressionally mandated document, the Fourth National Climate Assessment, is scheduled for publication in late 2018.

The National Climate Assessment integrates and evaluates current and projected global climate change trends, both human-induced and natural, and analyzes the effects of current and projected climate change. It has been published three times since passage of the Global Change Research Act of 1990, a law mandating its publication every four years.

Court Directs FERC to Consider GHG Impacts of Pipelines

The United States Court of Appeals for the District of Columbia Circuit, in a 2-1 decision issued Tuesday, found that the Federal Energy Regulatory Commission (FERC) failed to adequately consider the impact of greenhouse gas emissions from burning the fuel flowing through the Southeast Market Pipelines Project when it approved the project in 2016. FERC’s failure under the National Environmental Policy Act to adequately discuss the downstream effects of carbon emissions from natural gas transported through the pipelines in the project’s environmental impact statement was grounds for the court’s vacatur and remand.

Judge Thomas Griffith wrote that FERC’s environmental review “should have either given a quantitative estimate of the downstream greenhouse emissions that will result from burning the natural gas that the pipelines will transport or explained more specifically why it could not have done so.”

Griffith went on to write that “greenhouse-gas emissions are an indirect effect of authorizing this project, which FERC could reasonably foresee, and which the agency has legal authority to mitigate. Quantification would permit the agency to compare the emissions from this project to emissions from other projects, to total emissions from the state or the region, or to regional or national emissions-control goals. Without such comparisons, it is difficult to see how FERC could engage in ‘informed decision making’ with respect to the greenhouse-gas effects of this project, or how ‘informed public comment’ could be possible.”

The project comprises three natural gas pipelines under construction in Alabama, Georgia and Florida that are intended to bring natural gas to Florida to fuel existing and planned power plants.

Trump Denies Coal Exec Plea as EPA Reviews Toxic Waste Limits from Coal Power Plants

As part of a legal appeal, U.S. Environmental Protection Agency (EPA) administrator Scott Pruitt filed a letter Monday with the Fifth Circuit U. S. Court of Appeals in New Orleans in which he indicated that he will seek to revise the 2015 guidelines mandating increased treatment for wastewater from coal-fired power plants.

The rule, originally issued by the Obama administration in 2015, aimed to reduce toxic water discharges into lakes, rivers and streams from coal-fired power plants and coal ash dumps.

In the letter, Pruitt said he “decided that it is appropriate and in the public interest to conduct a rulemaking to potentially revise the new, more stringent Best Available Technology Economically Achievable effluent limitations and Pretreatment Standards for Existing Sources in the 2015 rule that applies to bottom ash transport water and flue gas desulfurization wastewater.”

The 2015 rule has faced some scrutiny, with opponents saying it could lead to the closure of coal-fired power plants and economic harm for small utilities.

Also this week, the Trump administration denied a request by coal industry executives from Murray Energy Corporation and FirstEnergy Solutions Corporation to provide them relief for plants they say are overburdened by environmental regulations and market stresses, by pushing forward a rarely used emergency order protecting coal-fired power plants.

“We look at the facts of each issue and consider the authorities we have to address them but with respect to this particular case at this particular time, the White House and the Department of Energy are in agreement that the evidence does not warrant the use of this emergency authority,” said U.S. Department of Energy spokeswoman Shaylyn Hynes.

The department did not address assertions by Murray Energy Corporation CEO Bob Murray in letters that Trump told him multiple times in July and August that he wanted Energy Secretary Rick Perry to invoke the emergency authority.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

EPA, DOT Reviewing Fuel Economy Standards

On August 17, 2017, in Uncategorized, by timprofeta

The Nicholas Institute for Environmental Policy Solutions at Duke University

In a Federal Register notice, the U.S. Environmental Protection Agency (EPA) and the Department of Transportation announced they were considering rewriting emissions standards for cars and light trucks made between 2022 and 2025.

The review covers vehicle model years 2022 to 2025. The EPA is also seeking comments on whether fuel standards for the 2021 model year “are appropriate.” The public comment period will be open for 45 days.

“We are moving forward with an open and robust review of emissions standards, consistent with the timeframe provided in our regulations,” said EPA Administrator Scott Pruitt. “We encourage the public to submit the best-available and most up-to-date information, so that we can get back on track with what the regulation actually requires of the agency. Finally, we are working with DOT to ensure that our standards are ultimately aligned.”

In 2009, automakers agreed to the Obama administration’s rules, which would bring the average fleetwide fuel economy to between 50 and 52.6 miles per gallon in 2025.

The National Highway Traffic Safety Administration (NHTSA), which sets fuel economy standards in parallel with the EPA, announced last month it was reconsidering its 2021 mandate as part of its scheduled rulemaking for model years 2022 to 2025.

The EPA has until April 1, 2018 to determine whether the 2022-2025 standards set by the previous administration are appropriate. NHTSA has until April 2020.

Climate Reports: Human Fingerprint Evident in Significant Disruption

At the poles, in the tropics, and beneath the ocean’s surface, the authors of a new report see symptoms of human-caused climate change.

The 27th annual assessment known as the State of the Climate found that last year Earth was hotter than at any time in 137 years of recordkeeping and that it experienced the most significant climate disruption in modern history. In the United States alone, 15 weather or climate-related disasters—drought, wildfire, four inland floods and eight severe storms—caused 138 deaths and $46 billion in damages.

The peer-reviewed report compiled by the National Oceanic and Atmospheric Administration Center for Weather and Climate from research conducted by scientists around the world found that a powerful El Niño magnified the effects of heat brought on by greenhouse gases. Particularly notable were record concentrations of carbon dioxide, which increased by the largest year-to-year increase in the six decades of measurement, surpassing 400 parts per million for the first time as an annual average (subscription).

That average far surpasses that of the last 800,000 years, during which concentrations have oscillated between 180 and 300 parts per million (subscription).

Other records included the highest sea levels and lowest sea ice in the Arctic and Antarctica and the highest average sea surface temperature.

Some other highlights of the report:

  • At any given time, nearly one-eighth of the world’s land mass was in severe drought.
  • Extreme weather such as downpours, heat waves, and wildfires struck across the globe.
  • The number of tropical cyclones was 13 percent more than normal.

A separate study published last week in Geophysical Research Letters and based on modeling and weather patterns shows the odds of three years in a row of record-setting heat with and without man-made global warming in model simulations. Without a human climate influence, there’s a less than 0.5 percent chance of that occurrence at any time since 2000. With such an influence, the odds increase to the 30–50 percent range.

Trump Issues Executive Order Targeting Infrastructure

President Donald Trump on Tuesday signed an executive order that will, in part, repeal a 2015 directive by former President Barack Obama establishing a federal policy to “improve the resilience of communities and federal assets against the impacts of flooding,” which are “anticipated to increase over time due to the effects of climate change and other threats.” Trump’s executive order was in favor of simplifying the approval process for federal infrastructure projects.

“Inefficiencies in current infrastructure project decisions, including management of environmental reviews and permit decisions or authorizations, have delayed infrastructure investments, increased project costs, and blocked the American people from enjoying improved infrastructure that would benefit our economy, society, and environment,” the order said. “More efficient and effective federal infrastructure decisions can transform our economy, so the federal government, as a whole, must change the way it processes environmental reviews and authorization decisions.”

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

The Nicholas Institute for Environmental Policy Solutions at Duke University

A draft report on the science of climate change estimates that it is “extremely likely” that more than half of the rise in temperatures over the past four decades has been caused by human activity. This activity, it estimates, is responsible an increase in global temperatures of 1.1 to 1.3 degrees Fahrenheit from 1951 to 2010.

“Many lines of evidence demonstrate that human activities, especially emissions of greenhouse [heat trapping] gases, are primarily responsible for the observed climate changes,” notes the Climate Science Special Report, which was available on request during a public comment period earlier this year but which received little attention until it was reported on by The New York Times this week. “There are no alternative explanations, and no natural cycles are found in the observational record that can explain the observed changes in climate,” said the report.

Penned by scientists at 13 federal agencies this year, the draft report is a special science section of The National Climate Assessment, which is congressionally mandated every four years. The National Academy of Sciences has signed off on the draft report, and it now awaits permission from the Trump administration to officially release the document.

The draft report suggests that even if humans immediately stopped emitting greenhouse gases into the atmosphere, the world would warm at least an additional 0.50 degrees Fahrenheit (0.30 degrees Celsius) over this century compared with today. More greenhouse emissions will lead to higher temperatures.

The draft study follows reports by The Hill that staffers at a U.S. Department of Agriculture were told earlier this year to avoid the term “climate change” in communications and to use phrases like “weather extremes” instead.

“We won’t change the modeling, just how we talk about it,” Bianca Moebius-Clune, the Natural Resources Conservation Service’s director of soil health, wrote in an e-mail to staff.

On Tuesday, the National Oceanic and Atmospheric Administration reported that the United States experienced its second warmest year to date and 10th warmest July on record.

Court Extends Delay on Clean Power Plan; Vacates HFC Rule

In a 2–1 decision, the U.S. Court of Appeals for the District of Columbia Circuit found Tuesday that the U.S. Environmental Protection Agency (EPA) does not have the authority to enact an Obama-era rule ending the use of hydroflurocarbons (HFCs). The 2015 EPA rule banned 38 individual HFCs or HFC blends in four industrial sectors—aerosols, air conditioning for new cars, retail food refrigeration and foam blowing—under the Significant New Alternatives Policy (SNAP) program (subscription).

A lawsuit—Mexichem Fluor, Inc. v. EPA—challenged EPA’s use of SNAP, saying that HFCs do not deplete the ozone. On Tuesday, the court found that because HFCs are not ozone-depleting substances, the EPA could not use section 612 of the Clean Air Act to ban them.

“However much we might sympathize or agree with EPA’s policy objectives, EPA may act only within the boundaries of its statutory authority. Here, EPA exceeded that authority,” Judge Brett Kavanaugh wrote for the court. “Indeed, before 2015, EPA itself maintained that Section 612 did not grant authority to require replacement of non-ozone-depleting substances such as HFCs. EPA’s novel reading of Section 612 is inconsistent with the statute as written. Section 612 does not require (or give EPA authority to require) manufacturers to replace non-ozone depleting substances such as HFCs.”

Also on Tuesday, the U.S. Court of Appeals for the District of Columbia Circuit instituted a new 60-day abeyance of the long-running legal battle over the EPA’s Clean Power Plan, which would require reductions of carbon dioxide emissions from the power sector. The court order, which also directs the EPA to file status reports every 30 days, reminds the Trump administration of the 2009 endangerment finding, which means the EPA has an “affirmative statutory obligation to regulate greenhouse gases.”

In late April, the court granted an initial delay of the litigation as the White House considers how to replace it.

United States Formally Announces Intention to Withdraw from the Paris Agreement

Last week U.S. Secretary of State Rex Tillerson told U.S. diplomats to sidestep questions about conditions for the Trump administration to re-engage in the Paris Agreement, according to a diplomatic cable published yesterday by Reuters. But the communication leaves no doubt about President Trump’s intentions: “there are no plans to seek to re-negotiate or amend the text of the Paris Agreement.” Moreover, the August 4 cable instructs diplomats to let other countries know that the United States wants to help them use fossil fuels.

The cable was sent on the day that the United States formally announced its intention to withdraw from the Paris Agreement but said that it will continue to participate in international climate change negotiations during the three-year withdrawal process. The earliest date for the United States to completely withdraw from the agreement is November 4, 2020.

President Donald Trump “is open to re-engaging in the Paris Agreement if the United States can identify terms that are more favorable to it, its businesses, its workers, its people, and its taxpayers,” said the State Department memo, which noted the U.S. role in future climate talks.

“The United States will continue to participate in international climate change negotiations and meetings . . . to protect U.S. interests and ensure all future policy options remain open to the administration,” the State Department said. “Such participation will include ongoing negotiations related to guidance for implementing the Paris Agreement.”

A United Nations statement acknowledging receipt of the notice from the United States reiterated Secretary-General António Guterres’ disappointment in the decision.

“It is crucial that the United States remains a leader on climate and sustainable development. Climate change is impacting now,” said Guterres spokesman Stéphane Dujarric.

Signatories to the Paris Agreement vowed to keep the worldwide rise in temperatures “well below” two degrees Celsius (3.6 degrees Fahrenheit) from pre-industrial times and to “pursue efforts” to hold the increase under 1.5 degrees Celsius. The U.S. pledge, under former President Barack Obama, was a cut in U.S. greenhouse gas emissions of as much as 28 percent from 2005 levels by 2025.

Prior to release of the climate policy guidance cable, the Trump administration’s reiteration of plans to depart from the Paris climate deal had raised questions about what “re-engaging” in the deal meant and how U.S. participation in climate talks could play out (subscription). With regard to negotiations, the Trump administration could adopt an obstructionist role by pushing for measures to enable reduction of emissions-cut ambitions. Or it could play a constructivist role by advancing rules for transparency (the United States and China co-chair the working group writing those rules). Other areas in which the Trump administration could exert its influence include emissions reporting requirements, monitoring land-use change and developing market mechanisms.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.