U.N. Report: Carbon Dioxide Levels at Record Highs

September 11, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The concentration and the rate of carbon dioxide (CO2) levels in the atmosphere are spiking, according to new analysis from the World Meteorological Organization (WMO). Scientists believe the record levels are not only the result of emissions but also of plants and oceans’ inability to absorb the excess amounts of CO2.

“We know without any doubt that our climate is changing and our weather is becoming more extreme due to human activities such as the burning of fossil fuels,” said WMO Secretary-General Michel Jarraud. “Carbon dioxide remains in the atmosphere for many hundreds of years and in the ocean for even longer. Past, present and future CO2 emissions will have a cumulative impact on both global warming and ocean acidification.”

The WMO study found that CO2 concentrations increased more during 2012 and 2013 than during any other year since 1984—and significantly higher than they were before the Industrial Revolution (278 parts per million in 1750 compared with 396 parts per million in 2013). Other greenhouse gases are also on the rise—methane has risen by 253 percent since the Industrial Revolution,   and nitrous oxide has risen to 121 percent of pre-industrial levels.

A report by PricewaterhouseCoopers (PwC) on how countries grow their economy while reducing their greenhouse gas emissions linked to energy concluded that the gap is widening between what the world is achieving and what it needs to do in terms of limiting global temperatures to 3.6 degrees Fahrenheit above preindustrial levels—the target agreed at the United Nations 2009 climate summit. Carbon intensity was reduced, on average, 1.2 percent from 2012 to 2013. The needed annual reduction is 6.2 percent.

The PwC report also found that places like China, Brazil, Russia, Indonesia, Mexico and Turkey are reducing their carbon intensity far better than the world’s rich nations.

“What we found this year is that emerging economies have outperformed the G7 countries because their economies are growing much more rapidly than their emissions,” said Jonathan Grant, PwC director of sustainability and climate change.

BP Gets U.K. Support in Court Filing

The British government, in a court filing, offered support to limit payments by BP to victims of the 2010 Deepwater Horizon oil spill, arguing that court-mandated compensation by a U.S. District Court in 2012 undermined confidence in judicial fairness. BP has spent much of this year working to convince federal courts in New Orleans that the settlement deal allowed millions in payments to go to what it says are undeserving businesses.

In its Sept. 4 filing, the British government said the prospect of payments going to people unaffected by the spill raises “grave international comity concerns.”

“The lower courts’ rulings have dramatically expanded [BP’s] scope of liability far beyond anything that would seem to be appropriate under our shared common-law traditions or that anyone would reasonably expect,” the British government wrote in an Amicus Curiae.

The brief comes on the heels of another more recent court ruling that found the company “grossly negligent” in the explosion that killed 11 men and allowed millions of barrels of oil to flow out of the Macondo oil well into the Gulf of Mexico. The ruling opened the door to new civil penalties that could amount to as much as $18 billion and that could pressure the company to sell assets from the Americas to Asia and Russia.

Regulating Emissions from the Airline Industry

As it did to implement a tailpipe rule that sets greenhouse gas emissions standards for cars and light trucks, the U.S. Environmental Protection Agency (EPA) could use an endangerment finding to regulate emissions from the airline industry.

The EPA announced plans to release an endangerment finding proposal in April 2015 that looks at whether emissions from airlines endanger public health or welfare.

“If a positive endangerment and cause or contribute findings are made, U.S./EPA is obligated under the Clean Air Act to set [greenhouse gas] emission standards for aircrafts,” the EPA said. A process to finalize such a finding could take up to year.

The announcement comes as the electricity industry faces proposed regulations that would cut carbon dioxide emissions 30 percent below 2005 levels, a move that governors of 15 states recently wrote “exceeds the scope of federal law” in a letter to President Obama.

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 Considering Lower Ozone Standard, Methane Strategy

September 4, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

In its Policy Assessment for the Review of the Ozone National Ambient Air Quality Standards report—released Friday—the U.S. Environmental Protection Agency (EPA) suggests revising the health-based national ambient air quality standard for ozone.

“Staff concludes that it is appropriate in this review to consider a revised primary [ozone] standard level within the range of 70 ppb [parts per billion] to 60 ppb,” the report said (subscription). “A standard set within this range would result in important improvements in public protection, compared to the current standard, and could reasonably be judged to provide an appropriate degree of public health protection, including for at-risk populations and life stages.”

The report is part of the normal EPA process to consider changing air quality standards. It recommends tightening current smog rules—now at 75 parts per billion—somewhere between 7 and 20 percent, echoing findings of the EPA’s science advisory committee in June. A final decision lies with EPA Administrator Gina McCarthy, who has a Dec. 1 deadline to issue a proposal on whether to retain or revise the existing standard.

Earlier in the week, McCarthy announced plans to issue a methane strategy emphasizing efficiency and reducing the need to flare gas—a strategy that could force oil and gas producers to cut emissions.

“We’re going to be putting out a strategy this fall and we hope everybody will pay attention to that effort,” McCarthy said at the Barclays Capital energy forum on Tuesday. “It will be addressing the challenges as well as the opportunities.”

Whether or not actual regulations for the industry will be issued is still being decided. McCarthy noted that the agency is “looking at what are the most cost-effective regulatory and-or voluntary efforts that can take a chunk out of methane in the system.”

This effort follows on the heels of an announcement by the White House that directed the EPA to develop an inter-agency strategy to combat methane emissions from oil and natural gas systems. If issued, rules to cut methane emissions would take effect in 2016.

China Eyes Carbon Market

Reuters reports that China will launch the world’s largest carbon market in 2016, although some provinces would be allowed to join later if they lacked the technical infrastructure needed to participate at the outset. “We will send over the national market regulations to the State Council for approval by the end of the year,” Sun Cuihua, a senior climate official with the National Development and Reform Commission (NDRC), told a conference in Bejing.

Confirming the earlier statement by Cuihua, Wang Shu, an official with the climate division of the NDRC said “We’ve brought forward this plan because it’s been prioritized in the central government’s economic reforms. The central government is pushing reforms, so everything is speeding up.”  According to Reuters, as in other carbon markets, power plants and manufacturers would face a cap on the carbon dioxide they discharge.  If an emitter needs to exceed its cap, it will have to purchase additional permits from the market to account for such emissions.

Court Finds BP Grossly Negligent in 2010 Gulf Spill

A U.S. District judge on Thursday ruled that BP was “grossly negligent” in the 2010 Deepwater Horizon explosion that killed 11 men and allowed millions of barrels of oil to flow out of the Macondo oil well into the Gulf of Mexico.

“The court concludes that the discharge of oil was the result of gross negligence or willful misconduct,” by BP, the ruling from U.S. District Court Judge Carl Barbier said. He found that BP was at fault for 67 percent of the spill. Two other companies involved—Transocean and Halliburton—were responsible for 30 and 3 percent, respectively.

“The law is clear that proving gross negligence is a very high bar that was not met in this case,” BP said in a statement. “BP believes that an impartial view of the record does not support the erroneous conclusion reached by the District Court. The court has not yet ruled on the number of barrels spilled and no penalty has been determined. The District Court will hold additional proceedings, which are currently scheduled to begin in January 2015, to consider the application of statutory penalty factors in assessing a per-barrel Clean Water Act penalty.”

Judge Barbier’s ruling could result in as much as $18 billion in fines under the Clean Water Act, according to The Hill.

Bacteria Used to Make Alternative Fuel

A study in the journal Nature Communications suggests that Escherichia coli, or E. coli bacteria, which is widely found in the human intestine, can be used to create propane gas that can power vehicles, central heating systems and camp stoves.

“Although this research is at a very early stage, our proof of concept study provides a method for renewable production of a fuel that previously was only accessible from fossil reserves,” said Patrik Jones, a study co-author. “Although we have only produced tiny amounts so far, the fuel we have produced is ready to be used in an engine straight away. This opens up possibilities for future sustainable production of renewable fuels that at first could complement, and thereafter replace fossil fuels like diesel, petrol, natural gas and jet fuel.”

Commercial production is still five to 10 years away—the level of propane produced by the team is 1,000 times less than that needed to make a commercial product. The process, which needs further refinement, uses E. coli to interrupt a biological process to create engine-ready propane rather than cell membranes.

“At the moment, we don’t have a full grasp of exactly how the fuel molecules are made, so we are now trying to find out exactly how this process unfolds,” Jones said.

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.


Court Ruling Could Affect Nation’s Electric Grid

August 21, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Editor’s Note: While Tim Profeta is on vacation, Jeremy Tarr, policy associate in the Climate and Energy Program at Duke’s Nicholas Institute for Environmental Policy Solutions, will author The Climate Post. Tim will post again August 28.

A unanimous ruling by the U.S. Court of Appeals for the District of Columbia Circuit could change the way utilities and regulators consider electricity transmission and open pathways for new renewable energy facilities.

The Federal Energy Regulatory Commission’s (FERC) Order 1000 rule, issued in 2011, requires participation by public utility transmission providers in regional planning processes, establishes methods to clarify who will pay for new transmission projects, and includes procedures to consider the effects of energy-related policies on the grid. In the lawsuit petitioners challenged FERC’s authority to adopt these reforms and whether they are supported by sufficient evidence

In its decision, a three-judge panel upheld Order 1000 and explained that “The Commission reasonably determined that regional planning must include consideration of transmission needs driven by public policy requirements.” The decision noted that “The Commission expects that many states will require construction of new transmission infrastructure to integrate sources of renewable energy, such as wind farms, into the grid and that new federal environmental regulations will shape utilities’ decisions about when to retire old coal-based generators. Plans that fail to account for such laws and regulations, the Commissioned reasoned, would not adequately reflect future needs.”

Some experts viewed the ruling as “progress”; others felt the decision sets the stage for future appeals.

Report Analyzes Wind Power Trends

A new report by the U.S. Department of Energy and the Lawrence Berkley National Laboratory highlights trends in the wind industry during 2013. It found that the wind industry remains strong in the United States, which ranked second only to China in installed wind power. The United States, however, represented only 3 percent of global wind additions in 2013.

Other key findings from the report:

  • Wind power purchase agreement prices reached all-time lows in the United States in 2013 thanks to 20–40 percent lower wind turbine prices (compared to 2008) and lower installed project costs, which are down more than $600/kW from 2009 and 2010 levels. The average price stream of wind power purchase agreements executed last year ($25 per megawatt hour) compares favorably with a range of projections of the fuel costs of gas-fired generation extending into 2040.
  • New wind installations are expected to increase in 2014 and 2015. Projections for 2016 and beyond are less certain.
  • A growing percentage of equipment used in U.S. wind projects is sourced domestically.

Arctic Drilling Subject of Interagency Review

No current regulations specifically govern Arctic oil development, but a draft proposal on drilling safety rules by the U.S. Department of Interior made its way to the White House’s Office of Management and Budget (OMB) for review Friday.

Details of the proposal remain undisclosed. According to the OMB website, the rules are designed to “promote safe, responsible, and effective drilling activities … while also ensuring the protection of Alaska’s coastal communities and marine environment.”

Some speculate the rules—which may be under review for months—could require oil companies to obtain leak containment equipment before beginning drilling activities. Federal rules may not be in place before Shell resumes a three-year break from drilling in the region.

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.


Report, Initiatives Aim to Take Action on Climate Change

July 31, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Editor’s Note: While Tim Profeta is on vacation, Jeremy Tarr, policy associate in the Climate and Energy Program at Duke’s Nicholas Institute for Environmental Policy Solutions, will author The Climate Post. Tim will post again August 28.

The Climate Post will also take a break from circulation August 7 and will return August 14.

A new report from the White House Council of Economic Advisers finds that for each decade of delay, policy actions on climate change increase total mitigation costs by approximately 40 percent. The cost of inaction—letting the temperature rise 3 degrees Celsius above preindustrial levels instead of 2 degrees— could increase economic damages by about 0.9 percent of global output.

“To put this percentage in perspective, 0.9 percent of estimated 2014 U.S. Gross Domestic Product (GDP) is approximately $150 billion,” according to the report. “Moreover, these costs are not one-time, but are rather incurred year after year because of the permanent damage caused by increased climate change resulting from the delay.”

The report is the first of several announcements by the Obama administration on climate change. On Tuesday, the U.S. Department of Energy announced initiatives to curb methane emissions, which accounted for about 9 percent of the country’s greenhouse gas pollution in 2012. The Energy Department recommended incentives for modernizing natural gas infrastructure, and it plans to establish efficiency standards for natural gas compressors as well as improve advanced natural gas system manufacturing.

The same day, several companies and nongovernment groups committed to support a new Food Resilience theme in the president’s Climate Data Initiative. The initiative leverages data and technology to help businesses and communities better withstand the effects of climate change. Companies like Microsoft are helping to organize data sets and tools in the cloud that will enable the assessment of vulnerable points in the food system, such as the effects of climate change on our food system and the reliability of food transportation and safety.

Hearings Fuel Debate on Clean Power Plan

During public hearings in Denver, Atlanta, Pittsburgh and Washington, D.C., the U.S. Environmental Protection Agency (EPA) heard testimony from the public on its proposed Clean Power Plan, which would limit greenhouse gas emissions from existing power plants.

In Washington, D.C., many utilities and industry groups were critical of the plan’s climate benefits and called on the EPA to conduct further economic analysis before issuing its final rule in June 2015. In Atlanta, others said the plan did not account for steps they’ve already taken to reduce emissions.

“This rule is flawed,” said Mississippi utility regulator Brandon Presley (subscription). “States like Mississippi, who have fought to pull themselves up and get a program to help customers reduce energy costs and reduce energy consumption, kind of get slapped away from the table.”

In their testimony, many environmental groups sought greater emissions reductions from the power sector as well as increases in renewable energy generation and programs that reduce electricity demand. Some members of the public, like retired coal miner Stan Sturgill of Kentucky, agreed with these groups’ request for tougher restrictions.

“Your targets to reduce carbon dioxide pollution by 2030 are way too low and do not do enough to reduce our risk of climate change,” said Sturgill, who suffers from black lung and other respiratory ailments. “The rule does not do near enough to protect the health of the front line communities from the consequences of this pollution. We’re dying, literally dying, for you to help us.”

The EPA is asking states to meet carbon emissions targets that would result in a 30 percent reduction in power sector carbon dioxide emissions from 2005 levels by 2030. States are given flexibility in how they achieve the targets.

Representatives from 13 western states met last week to discuss the EPA’s proposal and to begin considering the advantages of working together in response to the rule.

“We’re in the process of determining what makes sense for us, including working with other states in a regional market,” said Camille St. Onge, spokeswomen for Washington’s Department of Ecology.

United States Imposes Energy-Related Trade Constraints

The U.S. Commerce Department placed proposed new import penalties on solar products from China and Taiwan. These penalties come on top of anti-subsidy tariffs imposed on some panels from China last month.

The new proposed penalties, still to be confirmed, aim to curb the sale of low-cost solar panels and cells, a practice known as dumping, from other countries in the U.S. market. If confirmed, they would impose duties as high as 165 percent on some solar companies in China and 44 percent on those in Taiwan. The Commerce Department has issued only preliminary findings, but final rulings are expected from the Commerce Department later this year.

The move has China’s Commerce Ministry saying Washington’s actions risk damaging the solar industry in both countries.

“The frequent adoption of trade remedies cannot resolve the United States’ solar industry development problems,” an unnamed Chinese official told Reuters.

In the United States, reactions to the news were mixed.

“Today’s actions should help the U.S. solar manufacturing industry to expand and innovate,” said SolarWorld Industries America President Mukesh Dulani. “We should not have to compete with dumped imports or the Chinese government.”

But Rhone Resch, CEO of the U.S.-based Solar Energy Industries Association, condemned the decision, saying the answer lies in a negotiated solution.

Chinese companies supplied 31 percent of the solar modules installed in the United States in 2013 and more than 50 percent in the distributed solar market.

On Tuesday, the United States and the European Union issued new economic sanctions on Russia, citing the country’s involvement in the Ukraine crisis. The sanctions ban the export of energy-related technology for use in Russian oil production from deepwater, Arctic offshore and shale oil production rock reserves. However, exports of technology for gas projects to the country, which holds the world’s largest combined oil and gas reserves, will continue.

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.


Rule for Regulating Existing Power Plants under Fire

July 24, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy testified before the Senate Environment and Public Works Committee during a hearing on “EPA’s Proposed Carbon Pollution Standards for Existing Power Plants.” Debate about the proposed rule to regulate carbon emissions from existing power plants has swirled since the rule’s release last month. Coal-heavy states and others have criticized both the substance of the rule and the EPA’s authority to issue it.

Throughout the hearing McCarthy faced questions about whether the agency had stretched the parameters of the Clean Air Act. The proposed rule uses an infrequently exercised provision of the act to set state-specific emissions targets and provide states a wide range of flexibility when choosing how to meet those targets.

“EPA goes beyond the plain reading of the Clean Air Act Section 111 [by] directing states to achieve questionable emission reduction targets from a limited menu of economically damaging and legally questionable ‘options,’” said Senator David Vitter of Louisiana.

Defending the Clean Power Plan on Wednesday, McCarthy insisted the EPA followed proper legal procedure in conducting its analysis. She also dismissed suggestions that the rule was designed “miraculously” months ago and that the EPA has had it in its back pocket since then. She further stressed the flexibility of the rule.

“The proposal is designed to be moderate in its ask,” she told senators. “We will get significantly more benefit than we are requiring.”

She noted “The science is clear. The risks are clear. And the high costs of climate inaction are clear. We must act.”

A new paper by Duke University’s Nicholas Institute for Environmental Policy Solutions aims to address one question not answered in this debate: What will EPA’s rules mean for policy choices aimed at securing future mitigation goals? The analysis explores the long-term consequences of several key regulatory design choices, including mass-based versus rate-based standards, tradable versus non-tradable standards and separate standards for coal and natural gas power plants (differentiated standards) versus a single standard for all fossil plants. It finds that consequences may be significant. Differentiated standards lead to relatively greater investment in coal retrofits and non-tradable standards lead to relatively greater retirement of coal capacity—all of which could create different costs for securing deeper greenhouse gas reductions in the future. How the EPA’s proposed rule for existing power plants is viewed—as a final or interim solution—could also affect tradeoffs associated with key policy choices.

NOAA: Global Temperatures Rising

Global average temperatures surpassed previous records by 1.3 degrees Fahrenheit last month—making it the hottest June on record according to new National Oceanic and Atmospheric Administration (NOAA) data. It’s the second straight month the world set a warm-temperature record. In May, Earth’s temperature was 1.33 degrees above the 20th century average.

Warmer oceans made the difference—they were 1.15 degrees Fahrenheit hotter. Every month of 2014 except February has ranked among the four warmest on record for that respective month.

The finding piggybacks on another report co-authored by NOAA and published by the Bulletin of the American Meteorological SocietyState of the Climate in 2013—which provides a detailed update on notable weather events, global climate indicators and environmental monitoring station data.

“These findings reinforce what scientists for decades have observed: that our planet is becoming a warmer place,” said NOAA Administrator Kathryn Sullivan. “This report provides the foundational information we need to develop tools and services for communities, business, and nations to prepare for, and build resilience to, the impacts of climate change.”

The global average temperature, which is a broad baseline used to measure the climate, was about 0.4 degrees Fahrenheit above average according to four of the most commonly used datasets. Among the report’s other findings: all major greenhouse gas emissions increased to new records, sea surface temperatures were among the 10 warmest on record and sea level continued to rise by about an eighth of an inch each year.

Department of Interior Plan, Warming Waters Expand Oil Exploration

The Obama administration approved a plan that next year allows energy companies to apply for permits for underwater oil exploration on the Atlantic Coast, from Delaware to Florida.

The final plan, compiled by the Interior Department’s Bureau of Ocean Energy Management (BOEM), requires oil and gas search methods—including seismic air gun testing—to pass several safeguards to mitigate risks to marine life.

“After thoroughly reviewing the analysis, coordinating with Federal agencies and considering extensive public input, the bureau has identified a path forward that addresses the need to update the nearly four-decade-old data in the region while protecting marine life and cultural sites,” said BOEM Acting Director Walter Cruickshank. “The bureau’s decision reflects a carefully analyzed and balanced approach that will allow us to increase our understanding of potential offshore resources while protecting the human, marine and coastal environments.”

The plan doesn’t permit actual oil drilling or guarantee that lease sales for drilling in Atlantic waters will be included in the Interior Department’s five-year plan for 2017–2022. Obama intended to open up the Atlantic Coast to drilling in 2010 but reversed course after the BP Deepwater Horizon oil spill in the Gulf of Mexico that April.

Meanwhile, melting ice in the Arctic is making the region’s icy waters more passable—allowing ships to deliver European oil to Asia and fueling South Korea’s hopes of becoming an oil hub.

“We’ve noticed a huge difference in trading routes,” said Erik Hanell, chief executive officer of Stena Bulk AB in Gothenburg, Sweden. “China is importing more and all the countries in the Far East are importing a lot more. South Korea has a very strong geographic position in today’s development of both Arctic oil and China’s growing demand.”

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.


White House Announces New Climate Change Initiatives

July 17, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The White House on Wednesday announced executive actions to help states and communities build their resilience to more intense storms, high heat, sea level rise, and other effects of climate change. The actions, which involve several federal agencies, were among the recommendations by the president’s State, Local and Tribal Leaders Task Force on Climate Preparedness and Resilience.

“…Climate change poses a direct threat to the infrastructure of America that we need to stay competitive in this 21st century economy,” said President Obama. “We’re going to do more, including new 3D maps to help state, local officials in communities understand which areas and which infrastructure are at risk as a consequence of climate change. We’re going to help communities improve their electric grids, build stronger seawalls and natural barriers, and protect their water supplies. We’re also going to invest in stronger more resilient infrastructure.”

The National Journal runs down the individual efforts by agency, which include a more than $236 million award to fund eight states’ efforts to improve rural electric infrastructure and a new guide by the Centers for Disease Control that will help local public health departments assess their area’s vulnerabilities to health hazards associated with climate change.

States Focus of Work after EPA’s Proposed Power Plant Rule

More than a month after the U.S. Environmental Protection Agency (EPA) announced a proposed rule to reduce carbon dioxide emissions from existing fossil fuel-fired power plants, a new study says states are well positioned to handle the rule’s requirements.

The rule, which uses an infrequently exercised provision of the Clean Air Act to set state-specific reduction targets and devise individual or joint state plans to meet those targets, has garnered some negative reactions. But the study conducted by the Analysis Group sees real benefits. The research examined states that have already taken steps toward reducing power plant emissions and found that if states design programs effectively, electricity rate increases will be modest in the near term, and electric bills will fall in the long term.

“Several states have already put a price on carbon dioxide pollution, and their economies are doing fine,” said Susan Tierney, senior adviser of the Analysis Group. “The bottom line: the economy can handle—and actually benefit from—these rules.”

States that work together to form carbon markets and other collaborative initiatives could experience even greater rewards, according to the Analysis Group.

“Experience shows that states that work together on market-based compliance initiatives—like RGGI [Regional Greenhouse Gas Initiative] in the Northeast—can provide net economic benefits in terms of jobs and economic output,” said study co-author Paul Hibbard. “And RGGI shows that each state can have control over its own program design, so that combined efforts don’t step on states’ rights.”

Earlier this week environmental attorneys and representatives from states, industry, and NGOs gathered to discuss the EPA’s proposed Clean Power Plan—specifically state choices under and the potential impacts of the proposal—at an event hosted by the Environmental Law Institute and Duke University’s Nicholas Institute for Environmental Policy Solutions. Keynote speaker and U.S. EPA Senior Counsel Joseph Goffman highlighted three aspects of the rule: the EPA developed state emission goals based emission reduction strategies already being used by states, the proposal allows each state maximum flexibility to optimize strategies given local considerations, and state flexibility with the timing of implementation allows the coordination of compliance strategies with other dynamics in the energy sector.

Mountaintop Removal Focus of Court Case, Study

The U.S. Court of Appeals for the District of Columbia Circuit has ruled in favor of the EPA’s permitting process for mountaintop mining, a controversial practice to extract coal by way of clear cutting trees and removing mountain tops with explosives. The ruling overturned a decision by a lower court that found the EPA did not have authority to require mountaintop removal coal permits to go through an enhanced review process to crack down on water contamination from mining operations.

In 2009 the EPA and the Army Corps of Engineers adopted the Enhanced Coordination Process, allowing the EPA to screen and review individual mining permits submitted to the Army Corps of Engineers under the Clean Water Act. By 2011, the EPA recommended states impose more stringent conditions for issuing permits under the act—issuing a final guidance document relating to these permits.

“In our view, EPA and the Corps acted within their statutory authority when they adopted the Enhanced Coordination Process,” wrote Judge Brett Kavanaugh (subscription). “And under our precedents, the Final Guidance is not final agency action reviewable by the courts at this time.”

A new study by the U.S. Geological Survey finds that mountaintop removal mining negatively affects downstream fish populations.

Researchers compared samples collected from nearby bodies of water in 2010 and 2011 to samples collected by Penn State University researchers in 1999 and 2001. They found that mountaintop mining creates landscape changes, including changes in water flow that have significant impacts on fish.

“We’re seeing significant reductions in the number of fish species and total abundance of fish downstream from mining operations,” said Nathaniel Hitt, a study co-author.

Solar on the Rise in the U.S.

Solar power is becoming a vital part of the American economy, according to a report from the Interstate Renewable Energy Council (IREC).

“Solar markets are booming in the United States due to falling photovoltaic (PV) prices, strong consumer demand, available financing, renewable portfolio standards (RPSs), and financial incentives from the federal government, states and utilities,” said Larry Sherwood, vice president and COO of the IREC. “Thirty-four percent more PV capacity was installed in 2013 than the year before accounting for 31 percent of all U.S. electric power installations completed in 2013.”

The report, produced annually, highlights major factors affecting the solar market and ranks the top 10 states in several categories.

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.


Senate Clears Way for Keystone XL Pipeline

June 19, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Editor’s Note: The Climate Post will not circulate next week. It will return July 3.

The U.S. Senate Energy and Natural Resources Committee voted 12 to 10 on a bill Wednesday approving the long-debated Keystone XL oil pipeline. The pipeline, which would transport oil from Canada to the U.S. Gulf Coast, requires presidential approval as it crosses international boundaries. Without a commitment from Senate Majority Leader Harry Reid to bring it to a vote by the full Senate, the bill is likely to languish.

Even so, Forbes deemed the vote “more than symbolic,” saying “It serves to tell the truth about Keystone XL, the need for new pipelines in this country, and for making our future energy security our top priority.”

Others, like Natural Resources Defense Council attorney Anthony Swift, disagreed. “This latest vote on the Keystone XL tar sands pipeline is all about politics and bad policy,” he said. “Locking ourselves into a massive infrastructure to move the dirtiest oil on the planet for the next 50 years would greatly worsen carbon pollution—at a time when we’re facing growing and grievous costs wrought by climate change.”

Another Canadian pipeline did get the official green light—the Northern Gateway project. Just as controversial as Keystone XL, the Northern Gateway pipeline would carry 525,000 barrels of oil a day from Alberta to British Columbia, where it would be loaded on supertankers for shipment to Asia through sensitive waters in the Pacific’s shipping lanes. Before construction can begin on the Northern Gateway pipeline, Enbridge must meet about 100 conditions imposed by the regulator. Inside Climate News focuses on the “eerie” parallels between the debates on each pipeline project.

As the United States Grapples with EPA Rule, Japan Considers Carbon Trading

The U.S. Environmental Protection Agency’s proposed rule to reduce greenhouse gas emissions from existing power plants has made it into the pages of the Federal Register, an event marking the start of a 120-day comment period.

In the weeks since the rule’s release, there has been closer examination of how states can meet emissions standards cost effectively. Some say energy efficiency is the answer. Another potential solution: wind and solar. In an op-ed in The Hill, representatives of the American Wind Association and the Solar Energy Industries Association point to the technologies’ cost decreases and significant carbon reduction benefits. Others like Ed Throop, director for the Sikeston Board of Municipal Utilities, are not so convinced. “The wind doesn’t blow all the time and the sun doesn’t shine all the time,” he said. It’s good, clean energy, but it’s not what you’d call baseload energy. You can’t call on it anytime you need it.”  

Japan has its own strategy for reducing greenhouse gas emissions. According to unnamed government sources, the country may have plans to agree to a carbon deal with India. Japanese companies would install carbon-cutting technology in India and in return receive carbon credits that can be used to offset their country’s emissions under the joint crediting mechanism. So far, Japan has signed agreements with 11 countries to launch the joint crediting mechanism. Several news outlets reported the likelihood of a bilateral agreement in early July during annual talks by Japanese Prime Minister Shinzo Abe and Indian Prime Minister Narendra Modi.

Ocean Sanctuary Would Close Parts of Pacific to Energy Exploration

President Barack Obama on Tuesday announced his intent to expand a U.S. sanctuary in the central Pacific Ocean. Slated to go into effect later this year, the proposal extends protection around the Pacific Remote Islands Marine National Monument to 200 miles and limits fishing and energy development. The White House said it will consider input from lawmakers and fishermen before making any final decisions about the geographic scope of the sanctuary.

In video remarks, Obama said climate change, overfishing and pollution have threatened economic growth opportunities in the ocean.

“We cannot afford to let that happen,” Obama said. “That’s why the United States is leading the fight to protect our oceans. Let’s make sure that years from now we can look our children in the eye and tell them that, yes, we did our part, we took action, and we led the way toward a safer, more stable world.”

Marine reserves, Smithsonian Magazine reports, can mitigate some of these problems by increasing the size and number of marine creatures within its borders and helping species deal with climate change.

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.

 


States, Studies React to EPA Rule Release

June 12, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

On the coattails of the U.S. Environmental Protection Agency’s proposed rule for regulating carbon dioxide emissions from existing power plants, the White House issued a report on the health effects of climate change. The seven-page report outlines six major risks linked to rising temperatures—asthma, lung and heart illnesses; infectious disease; allergies; flooding-related hazards and heat stroke.

But one week after release of the EPA rule, most conversation centered on how the states will undertake their role in executing it. States in the Regional Greenhouse Gas Initiative were hopeful their participation in the carbon trading program would help meet the requirements of the new rule. Lawmakers in at least eight states approved anti-EPA resolutions. Kentucky has enacted a new law that could block the state from complying with the rule, and West Virginia sent a letter to the EPA requesting the agency to withdraw the rule.

The proposal, which assigns each state interim and final emissions goals and asks the states to develop plans to reach them, accounts for the regional differences that affect how hard it will be to reduce emissions. The differences are both practical—how expensive one energy source is compared to another—and political. The proposal does say it “anticipates—and supports—states’ commitments to a wide range of policy preferences,” including decisions “to feature significant reliance on coal-based generation.”

States using a more traditional regulatory approach to execute their plans may be choosing a more costly approach than putting a price on carbon. New research from the Massachusetts Institute of Technology finds that a regulatory standards approach cut less carbon at a higher price than emissions reductions that could be achieved under a cap-and-trade system (subscription).

“With a broader policy, like cap-and-trade, the market can distribute the costs across sectors, technologies and time horizons, and find the cheapest solutions,” said a study author Valerie Karplus. “So the market encourages emissions reductions from sectors like electricity and agriculture, and requires reductions from vehicles and electricity at a level that makes economic sense given an emissions target. On the other hand, narrow regulations force cuts in ways that are potentially more costly and less effective in reducing emissions.”

According to a Bloomberg national poll, Americans—by nearly a two-to-one margin—are willing to pay more for energy if it helps combat climate change. A recent Rasmussen Reports poll had similar findings, showing that most voters approve of the EPA’s new regulations even if there is a rise in energy costs.  Here at the Nicholas Institute for Environmental Policy Solutions, we looked ahead to the possibility of a further expansion of Clean Air Act standards limiting carbon dioxide emissions from other sectors. In particular, a new policy brief identifies key differences between the electric power and refining industries, highlighting their potential significance for regulating the refining industry. A companion working paper more deeply examines policy design as well as options for maximizing cost effectiveness while accounting for differences among refineries.

Study: Agricultural Emissions Can Be Curbed

Worldwide, agriculture accounts for about 80 percent of human-caused emissions of nitrous oxide, a greenhouse gas with 300 times as much heat-trapping power as carbon dioxide. Overuse of nitrogen fertilizer is increasing these emissions.

A study in the journal Proceedings of the National Academy of Sciences found that soil microbes were converting nitrogen fertilizer (subscription) into nitrous oxide faster than previously expected when fertilizer rates exceeded crop needs. In fact, the change was happening at a rate of about one kilogram of greenhouse gas for every 100 kilograms of fertilizer.

“Our specific motivation is to learn where to best target agricultural efforts to slow global warming,” said Phil Robertson, author of the study and director of Michigan State University’s Kellogg Biological Station. “Agriculture accounts for 8 to 14 percent of all greenhouse gas production globally. We’re showing how farmers can help to reduce this number by applying nitrogen fertilizer more precisely.”

The study offers proven ways to reduce nitrogen use—applying fertilizer in the spring instead of fall and placing it deeper in the soil for easier plant access. It also provides support for expanding the use of carbon credits to pay farmers for improved fertilizer management.

This week, the first agricultural greenhouse gas emissions offsets were issued to a Michigan farmer whose voluntary decrease of nitrogen fertilizer use on corn crops reduced nitrous oxide emissions.

Crude Oil Production to Increase

U.S. crude oil production will reach its highest level—9.3 million barrels per day—in 2015, according to the latest Energy Information Administration (EIA) forecast, issued Tuesday. The EIA estimates 8.4 million barrels per day for 2014—the United States averaged 7.4 million in 2013.

The increase will not have a dramatic effect on gas prices. The EIA reports that the U.S. average price for gasoline is expected to fall to $3.54 a gallon in September and to $3.38 a gallon in 2015.

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 Releases Proposed Rule for Existing Power Plants

June 5, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The U.S. Environmental Protection Agency (EPA) this week announced a proposed rule to reduce carbon dioxide emissions from existing fossil fuel–fired power plants 30 percent below 2005 levels by 2030. This first-of-its-kind proposal uses an infrequently exercised provision of the Clean Air Act to set state-specific reduction targets for carbon dioxide and to allow states to devise individual or joint plans to meet those targets. The EPA expects to finalize the rule by next June.

“Climate change, fueled by carbon pollution, supercharges risks to our health, our economy, and our way of life,” said EPA administrator Gina McCarthy. “EPA is delivering on a vital piece of President Obama’s Climate Action Plan by proposing a Clean Power Plan that will cut harmful carbon pollution from our largest source—power plants. By leveraging cleaner energy sources and cutting energy waste, this plan will clean the air we breathe while helping slow climate change so we can leave a safe and healthy future for our kids.”

An analysis by our Nicholas Institute for Environmental Policy Solutions researchers highlights key details of the 600-plus-page rule, which assigns each state interim and final emissions goals. These goals are based, in part, on the efficiency of each state’s fossil fleet in 2012. They also reflect estimates of the emissions-reduction potential of efficiency upgrades to coal plants and increased use of renewable energy, demand-side energy efficiency, and existing natural gas capacity.

The rule provides states considerable flexibility to decide how to meet their interim and final emissions reduction goals. States may consider methods such as expanding renewable energy generation, creating energy efficiency programs and working with other states on the creation of regional plans. Once the EPA’s proposed rule is finalized, states will be given one to three years to finalize their state plans.

The rule sparked predictable political commentary. Republican leadership pilloried the rule, the President’s allies expressed gratitude for his leadership, and political pundits mused over the rule’s impact on the midterm elections. A Washington Post-ABC News post–rule-announcement poll found a large majority of Americans—70 percent—support regulating carbon from power plants. Americans in coal states were supportive of limiting greenhouse gas emissions regardless of whether their state was forced to make bigger adjustments than other states. And at least one set of political commenters—former Sen. Joseph Lieberman and I—point out that, if executed effectively, the rule could begin the nation’s path back to more comprehensive climate change policy.

China Taking Action as Well?

The proposed rule appeared to spur another of the world’s largest emitters—China—to consider capping its carbon dioxide emissions, starting with its next five-year plan in 2016. The suggestion, offered by He Jiankun, chairman of China’s Advisory Committee on Climate Change at a Beijing conference, was reported in several media outlets but was not an official pronouncement of the government.

“What I said today was my personal view,” said Jiankun. “The opinions expressed at the workshop were only meant for academic studies. What I said does not represent the Chinese government or any organization.”

Still, some saw the statement—by a senior advisor—as a promising development ahead of international climate negotiations that began Wednesday in Bonn, Germany. “As with many things in China, these officials don’t speak unless there’s some emerging consensus in the government that this is a position that they’re trending toward,” said Jake Schmidt, international climate policy director for the environmental group at the Natural Resources Defense Council. “I think it’s a very positive sign that this kind of debate has taken hold.”

Not all commenters were sanguine about the EPA rule. According to a German study released this week, even with the 30 percent emissions cut outlined in the EPA’s proposed rule, climate pledges the United States set at United Nations climate talks may not be met. The study found the EPA rule would reduce 2030 U.S. national emissions only about 10 percent below 2005 levels. In 2010, the United States promised to reduce greenhouse gases 17 percent below 2005 levels by 2020.

“While the proposal is welcome, it is insufficient to meet the U.S.’s pledges of 17 percent reduction of all greenhouse gas emissions by 2020 and is inconsistent with its long-term target of 83 percent below 2005 levels by 2050,” said Niklas Hoehne of Ecofys, a German group that helped analyze the plan’s impact. “The plan implies an economy-wide decarbonisation rate of about 0.9 percent per annum, significantly lower than the 1.4 percent per annum achieved in the last decade. This is not as fast as required for a 2 C decarbonisation pathway.”

New Imports for Solar

The United States has set new import tariffs on some solar panels from China, saying some manufacturers had unfairly benefitted from subsidies. The still-preliminary Commerce Department ruling was prompted by a petition of charges filed by a group led by SolarWorld in 2011. The petition claims some Chinese companies avoided tariffs by shipping solar cell parts to locations like Taiwan—flooding the U.S. market with cheap products.

Duties imposed in the preliminary decision could range from 18.5 to 35.21 percent.

“The import duties, which are in line with our expectations, will wipe out the price competitiveness of Chinese products in the U.S. market,” said Zhou Ziguang, an analyst at the Chinese investment bank Ping An Securities in Beijing.

For U.S. companies, the news was mixed—some could see great benefits; others, very little.

“SunPower will be the primary beneficiary of the decision, given its presence in the U.S. distributed generation market where most Chinese companies supply product,” according to Morgan Stanley. “Although First Solar theoretically benefits, we believe that the impact will be small given limited presence of Chinese companies in the U.S. utility scale market.”

Rhone Resch, chief executive of the Solar Energy Industries Association, said “These damaging tariffs will increase costs for U.S. solar consumers and, in turn, slow the adoption of solar.”

Last year the European Union overcame a similar trade dispute with Beijing when the trade partners agreed to set a minimum price for solar panels from China.

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.


Court Upholds Soot Standards

May 15, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

A federal court of appeals on Friday unanimously found that the Clean Air Act gives the U.S. Environmental Protection Agency (EPA) substantial discretion in setting air quality standards. The ruling upheld the EPA’s tightened limits on soot, or fine particulate matter from coal plants, refineries, factories and vehicles. In the challenge brought by industry groups, the National Association of Manufacturers (NAM) pointed to scientific studies and lack of public comment on revised rules.

“Under the arbitrary and capricious standard, we exercise great deference when we evaluate claims about competing bodies of scientific research,” the court wrote. “Petitioners simply have not identified any way in which the EPA jumped the rails of reasonableness in examining the science.”

The stricter air quality standards, set in 2012, limited the annual level of outdoor ambient exposure to soot by 20 percent. EPA had justified the change by pointing to a number of studies that linked exposure to soot particles to a variety of cardiovascular illnesses.

“We’re disappointed in today’s ruling that only further adds to thousands of regulations facing manufacturers,” said NAM’s Senior Vice President and General Counsel Linda Kelly. “The court’s decision also underscores the difficulty manufacturers face in pushing back against a powerful and often overreaching EPA.”

Last month, a Supreme Court ruling reinstated the agency’s Cross-State Air Pollution Rule, which regulates pollution from coal-fired power plants that drift across state lines. In June—the same month proposed rules for existing coal-fired power plants will be issued—a Supreme Court decision is expected on whether the EPA’s regulation of stationary source emissions through permitting requirements under the Clean Air Act was “a sensible accommodation or an impermissible exercise of executive authority.”

Studies Look at Climate Change Risk

A report authored by 16 generals and admirals on the Center for Naval Analyses (CNA) Corporation’s Military Advisory Board finds that climate change poses a severe risk to U.S. national security and acts as a catalyst for global political conflict.

“Political posturing and budgetary woes cannot be allowed to inhibit discussion and debate over what so many believe to be a salient national security concern for our nation,” they wrote. “…Time and tide wait for no one.”

The report, which follows up a 2007 study, suggests an increase in catastrophic weather events around the world will raise demand for American troops. It also suggests that rising seas and extreme weather could threaten U.S. military bases and naval ports. These findings, The New York Times reports, would influence American foreign policy.

The CNA Corporation Military Advisory Board found that climate change impacts are already speeding instability in regions such as the Arctic.

“We think things are accelerating in the Arctic faster than we had looked at seven years ago,” said Gen. Paul Kern, the board chairman. “As the Arctic becomes less of ice-contaminated area it represents a lot of opportunities for Russia.” He noted that the situation has the potential to “spark conflict there.”

Another study published in Nature indicates climate change caused by humans could be responsible for as little as half the melting of sea ice in the Canadian Arctic and Greenland. The other half is traced to changes in temperatures in the tropical Pacific Ocean—that is, to natural climate variability, not greenhouse gases.

“We find that 20 to 50 percent of warming is due to anthropogenic [man-made] warming, and another 50 percent is natural,” said lead study author Qinghua Ding. “We know that global warming due to human impacts can’t explain why it got warm so fast.”

The area north of Greenland and the Canadian archipelago has seen temperature increases nearly twice as large as the Arctic average.

“We find that the most prominent annual mean surface and tropospheric warming in the Arctic since 1979 has occurred in northeastern Canada and Greenland,” the authors wrote. “In this region, much of the year-to-year temperature variability is associated with the leading mode of large-scale circulation variability in the North Atlantic, namely, the North Atlantic Oscillation.”

In the Antarctica, a combination of warm ocean currents and geographic peculiarities has begun a glacial retreat that “appears unstoppable.” Two studies—one to be published in Geophysical Research Letters and the other out in Science—find there’s little to nothing that can be done physically to slow the thaw of these glaciers. In fact, melting is expected to push up sea levels in the region by four feet or more. This melt will occur over a longer period of time—centuries not decades.

“This retreat will have major consequences for sea level rise worldwide,” said University of California-Irvine Professor Eric Rignot and author of the Geophysical Research Letters study. It will raise sea levels by 1.2m, or 4ft, but its retreat will also influence adjacent sectors of the West Antarctic ice sheet, which could triple this contribution to sea level.”

Energy Efficiency Bill Fails, While Research Tax Credit Wins Vote

On Monday, a bill to promote U.S. energy conservation by tightening efficiency guidelines for new federal buildings and providing tax incentives to make homes and commercial buildings more efficient fell short.

The bill co-sponsored by Sens. Jeanne Shaheen (D-N.H.) and Rob Portman (R-Ohio) was just 5 votes shy of the 60 needed to move forward. Its demise also derailed a promised vote on the Keystone XL pipeline.

The Friday prior, the House voted to make permanent a tax credit that rewards businesses for investing in research and development. Although the bill would give businesses a tax break of 20 percent for qualifying research, it faces an uphill battle in the Senate amid criticism that no new tax credit offsets its estimated 10-year, $156 billion cost to U.S. taxpayers.

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.