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.

The Nicholas Institute for Environmental Policy Solutions at Duke University

On Monday, a U.S. Court of Appeals for the District of Columbia order directed the U.S. Environmental Protection Agency (EPA) to carry out an Obama-era rule that sets methane pollution limits for the oil and gas industry.

Nine of the 11 court judges issued the order upholding a July ruling that found that the Trump administration overstepped its authority under the Clean Air Act when it tried to delay the methane rule.

Implemented in 2016, the rule targets new and modified sources of methane emissions, a potent greenhouse gas with long-term global warming potential thought to be many times that of carbon dioxide. The rule was expected to reduce 510,000 short tons of methane in 2025, the equivalent of reducing 11 million metric tons of carbon dioxide.

After President Donald Trump asked the EPA to review the rule in a March executive order, EPA Administrator Scott Pruitt, in an April letter, stayed the deadline for oil and gas companies to follow the new rule by 90 days. Pruitt later sought to pause the methane rule two years to “look broadly” at regulations and review their impact.

Studies Find Earth Tilting Hard toward Warming Tipping Point

Hope that limiting climate change to less than 2 degrees Celsius (3.6 degrees Fahrenheit) above pre-industrial temperatures—the oft-cited threshold of “dangerous” warming—has been further diminished by recent studies published in the journal Nature Climate Change.

One study co-authored by Thorsten Mauritsen of the Max Planck Institute for Meteorology and Robert Pincus of the University of Colorado at Boulder suggests that human forces have heated the climate for longer than thought—since at least 1750—pushing the so-called “preindustrial” baseline for the planet’s warming backward and reducing the amount of carbon dioxide that we can emit to avoid 2 or more degrees Celsius of warming.

The Mauritsen and Pincus study analyzed past emissions of greenhouse gases and the burning of fossil fuels to show that even if that burning suddenly ceased, Earth would continue to heat up about two more degrees Celsius by 2100.

This view was similar to that of another study led by the University of Washington’s Adrian Raferty. That study calculates the statistical likelihood of various amounts of warming by the year 2100 given three trends that matter most for carbon emissions: global population, countries’ GDP (on a per capita basis), and carbon intensity (the volume of emissions for a given level of economic activity). The research puts median warming at 3.2 degrees Celsius and concludes that there’s a 5 percent chance that the world can hold warming below 2 degrees Celsius this century. The authors say there’s a 90 percent chance that temperatures will increase by 2.0 to 4.9 degrees Celsius.

Raferty’s team built a statistical model covering a range of emissions scenarios, finding that carbon intensity will be the most important factor in future warming despite the expectation that technological advances will cut that intensity by 90 percent this century.

“The big problem with scenarios is that you don’t know how likely they are, and whether they span the full range of possibilities or are just a few examples,” said Raferty. “Scientifically, this type of storytelling approach was not fully satisfying. Our analysis is compatible with previous estimates, but it finds that the most optimistic projections are unlikely to happen. We’re closer to the margin than we think.”

Construction Ends on Twin Nuclear Reactors

South Carolina utilities SCANA’s South Carolina Electric & Gas and Santee Cooper on Monday opted to end construction of the V.C. Summer Nuclear Station’s two reactors. The first reactor at V.C. Summer had been expected to go online in August 2019, with the second following a year later.

“The best-case scenario shows this project would be several years late and 75 percent more than originally planned,” Santee Cooper CEO Lonnie Carter said in a statement announcing the decision. “We simply cannot ask our customers to pay for a project that has become uneconomical. And even though suspending construction is the best option for them, we are disappointed that our contractor has failed to meet its obligations and put Santee Cooper and our customers in this situation.”

The move makes the future of the United States nuclear industry even more unclear. With just one nuclear plant under construction, 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.

In the southeast, where the V.C. Summer Nuclear Station reactors were located, it is unlikely that existing units can simultaneously be replaced with new plants given the long lead times and limited applications for new nuclear plants at the Nuclear Regulatory Commission. 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.

The Nicholas Institute for Environmental Policy Solutions at Duke University

The Trump administration is proposing to repeal a Bureau of Land Management (BLM) rule aimed at ensuring hydraulic fracturing does not pollute water supplies, claiming that it triggers unjustified compliance costs and duplicates state rules.

“Upon further review of the 2015 final rule … the BLM believes that the 2015 final rule unnecessarily burdens industry with compliance costs and information requirements that are duplicative of regulatory programs of many states and some tribes,” agency officials wrote. “As a result, we are proposing to rescind, in its entirety, the 2015 final rule.”

The rule imposed well casing and wastewater storage requirements as well as required drillers to disclose the chemicals used in hydraulically fractured wells. Estimated to cost the oil and gas industry $32 million to $45 million a year, the rule has been the target of legal challenges since it was finalized in 2015.

It was among several Obama-era environmental rules President Donald Trump directed his administration to review and potentially rescind in a March executive order (subscription).

Research Highlights Little Studied Source of Methane Emissions

Climate change is allowing the release of methane from thawed permafrost according to aerial samplings of emissions from Canada’s Mackenzie River Basin, home to known oil and gas deposits. Research published in the journal Scientific Reports shows that the melting permafrost contributes to a warming climate not just through the natural production of biogenic methane but also through emissions of fossil gas, contributing significantly to the permafrost-carbon-climate feedback.

Between 2012 and 2013, the research team led by the GFZ German Research Centre for Geosciences took aerial geochemical samples, finding 13 times more methane than would be expected from typical microbial methane emissions rates. Although geological methane hotspots cover only 1 percent of the total area of the basin, they contribute to some 17 percent of its annual methane emissions.

“This is another methane source that has not been included so much in the models,” said lead author Katrin Kohnert. “If, in other regions, the permafrost becomes discontinuous, more areas will contribute geologic methane.”

Trump Cabinet: New Environment Nomination Draws Criticism

President Donald Trump has nominated Samuel Clovis to serve as the U.S. Department of Agriculture’s undersecretary of research, education and economics, the department’s top science post. Clovis is a former college economics professor and talk radio who has challenged the scientific consensus that human activity has been the primary driver of climate change.

The Washington Post points to2014 interview with Iowa Public Radio, where Clovis noted that he was “extremely skeptical” about climate change and added that “a lot of the science is junk science.”

E&E Daily reports that some see Clovis as committed to agricultural research. CNN and other media outlets highlighted a stipulation in the Farm Bill that “the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate, from among distinguished scientists with specialized training or significant experience in agricultural research, education, and economics,”—requirements, they say, that Clovis’ nomination appears to violate.

A White House statement about Clovis’ nomination lists his background as largely military, noting that “Clovis holds a B.S. in political science from the U.S. Air Force Academy, an M.B.A. from Golden Gate University and a Doctorate in public administration from the University of Alabama. He is also a graduate of both the Army and Air Force War Colleges. After graduating from the Academy, Mr. Clovis spent 25 years serving in the Air Force.”

His nomination was among eight sent to the Senate Tuesday.

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.

 

California Extends Its Cap-and-Trade Program

On July 20, 2017, in Uncategorized, by timprofeta

The Nicholas Institute for Environmental Policy Solutions at Duke University

In a 28–12 vote on Monday night, California’s Senate approved AB 398 to extend the state’s landmark cap-and-trade program to 2030. Hours later, the bill passed in the state’s Assembly, 55–21. Lawmakers also approved a companion measure, AB 617, aimed at reducing pollution that causes local public health problems. In addition, to win GOP support in the Assembly for the cap-and-trade program, the Legislature passed a constitutional amendment giving Republicans increased input in how the state spends revenues from the sale of emissions allowances—permits to pollute—by requiring, in 2024, a two-thirds vote to approve how they are used.

Gov. Jerry Brown and others have argued that extension of the cap-and-trade program is critical to meet the most aggressive climate goal of any state in the nation—a 40 percent cut in 1990s-level greenhouse gas emissions by 2030—and to send a countering signal to President Donald Trump’s rejection of policies and partnerships aimed at limiting warming (subscription). The program sets a limit on greenhouse gas emissions and allows emitters to buy and sell emissions permits, or allowances. The number of allowances available each year equals the annual limit, and both decrease over time, lowering emissions.

When unveiled for debate last week, the legislation drew the ire of many Republicans and progressive environmentalists, although other influential environmental groups said it represented a reasonable balance and the best chance for advancing the program (subscription). In the end, eight Republicans in the Assembly and one in the Senate voted to extend the program, but some environmental groups remain unhappy, saying the legislation allows polluters too many allowances to emit greenhouse gases and that local air quality is not addressed by the use of offsets, a practice whereby polluters can meet a certain amount of their emissions targets by investing in greenhouse-gas-reducing projects, including those outside California, rather than investing in their own emissions reductions.

The bipartisan, supermajority votes in both the state Assembly and Senate for extension of the program were touted by Senate President pro Tempore Kevin de León as a win for the environment and the economy.

“Californians understand that we can’t truly have a healthy economy that’s built to last without taking meaningful steps to protect public health and preserve a livable environment,” said de León.

Climate Science: The Debate

Last week U.S. Environmental Protection Agency head Scott Pruitt proposed a televised debate of climate science, whereby a red team would attack mainstream findings and a blue team would play defense. Critics of the idea, which has raised alarm bells among scientists, have argued that it will give viewers the impression that scientists are evenly divided over the fundamentals of climate change, when in fact the vast majority of scientists agree on those fundamentals, and that a debate format would test debating techniques and communication skills, not the evidence.

ClimateWire reported that climate scientists view the debate as a trap because it gives the minority of researchers who question mainstream climate science a stage they’ve not been able to command in peer-reviewed journals (subscription). At the same time, refusal to participate could leave the impression that mainstream climate scientists are hiding something—and would leave skeptics’ assertions unopposed.

Proposal of this debate comes amid news of a U.S. Geological Survey e-mail alert to international scientists warning that the Trump administration’s proposed 2018 budget cuts, if approved, would undermine important data-gathering programs and cooperative studies in a number of areas, including climate change.

NOAA Says 2016 Greenhouse Gas Influence Reached 30-Year High

According to the National Oceanic and Atmospheric Administration’s (NOAA) Annual Greenhouse Gas Index, the influence of greenhouse gases on atmospheric warming was higher last year than it has been in nearly 30 years (subscription). The greenhouse gas index was intended to provide a straightforward way to report the yearly change in the warming influence of greenhouse gases, reported the New York Times, which noted the steady increase in greenhouse gas emissions since 1990.

“The role of greenhouse gases on influencing global temperatures is well understood by scientists, but it’s a complicated topic that can be difficult to communicate,” the NOAA release states.

As explained by Climate Central, the index takes measurements of 20 key greenhouse gases from some 80 ships and observatories around the world and boils them down into a numerical index that defines the rise from 1700 to 1990 as 100 percent or 1. This year’s number, 1.4, shows that the direct influence of the gases on the climate has risen 140 percent since 1750; 40 percent of that increase has been realized since 1990. The increase is due mostly to human activities and has resulted in warming of 1.8 degrees Fahrenheit above pre-industrial temperatures.

This week NOAA announced that the first half of 2017 was the planet’s second-warmest, behind 2016, since the start of planetary temperature recordkeeping in 1880. A major El Niño, such as that experienced in 2016, tends to increase global temperatures. But as Earth’s temperature has risen because of greenhouse gases, an El Niño isn’t necessary to attain very high temperatures. Years with La Niñas, which tend to cool global temperatures, are today hotter than El Niño years several decades ago.

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

In an interview last week, U.S. Environmental Protection Agency Administrator (EPA) Scott Pruitt said that the United States should “exit” the Paris Agreement—the first time such a high-ranking Trump administration official has so explicitly rejected the global accord to limit global warming to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit that increase to 1.5 degrees Celsius. Pruitt also vowed that the EPA would “roll back” the Clean Power Plan, a key component of former Obama administration’s plan to meet the U.S. pledge under the Paris Agreement, which calls for an emissions reduction of 26–28 percent from 2005 levels by 2025.

“Paris is something we need to look at closely,” Pruitt said. “It’s something we need to exit in my opinion. It’s a bad deal for America It’s an ‘America second, third or fourth’ kind of approach.”

Pruitt said that he would not risk U.S. jobs to comply with the agreement, the subject of a battle within the Trump administration—one that President Donald Trump’s most senior advisers are expected to resolve in the next few weeks (subscription).

Pruitt said that complying with the Paris Agreement means “contracting our economy to serve and really satisfy Europe and China and India. They are polluting far more than we are. We’re at pre-1994 levels with respect to our CO2 emissions.”

In total, only China emits more carbon dioxide than the United States, according to tracking data released by the World Resources Institute last week. Those data show that emissions from India and from the European Union are, respectively, one-half and two-thirds emissions from the United States. Moreover, on a per capita basis, the United States in 2015 produced two times more carbon dioxide emissions than China and eight times more than India.

How the Trump administration could actually exit the Paris Agreement, as Pruitt suggested, remains unclear. Under the agreement’s terms, it takes three years for a party to withdraw, followed by a one-year waiting period.

Pruitt followed up his interview with a proclamation of a new era of environmental deregulation in a speech at a coal mine fined for contaminating local waterways with toxic materials. There he said the EPA’s new “back to basics” agenda would give oversight of clean air and water to individual states and would bolster jobs in fossil fuel industries.

Study: Meeting Paris Agreement Goal Means World Has One Decade to Peak Emissions

The latest research establishing a timeline for phasing down fossil fuel consumption to limit global temperature rise to 1.5 degrees Celsius—the more stringent of the two Paris Agreement temperature goals—finds that global carbon dioxide emissions need to peak within 10 years (subscription).

Net emissions could peak by 2022, the study in the journal Nature Communications shows, under a “high-renewable” scenario in which wind, solar and bioenergy increase by some 5 percent annually.

Overall, the analysis produced by the International Institute for Applied Systems Analysis (IIASA) suggests that, by 2100, fossil fuel consumption must likely be reduced to less than a quarter of primary energy supply. But if carbon-capture-and-storage technology coupled with bioenergy production is found to be unfeasible, uneconomical or too burdensome on ecosystems, the analysis suggests that the world may have to rely heavily on nascent “negative emissions” technology.

The authors did note one other opportunity to rein in emissions, suggesting that land use and agriculture might absorb more carbon dioxide than their model considered.

“The study shows that the combined energy and land-use system should deliver zero net anthropogenic emissions well before 2040 in order to assure the attainability of a 1.5°C target by 2100,” said Michael Obersteiner, IIASA Ecosystems Services and Management Program director and study coauthor.

The study is one of the first published results from the newly developed—and freely available—FeliX model, a system dynamics model of social, economic, and environmental Earth systems and their interdependencies.

“Compared to other climate and integrated assessment models, the FeliX model is less detailed, but it provides a unique systemic view of the whole carbon cycle, which is vital to our understanding of future climate change and energy,” said Obersteiner.

The day after the IIASA study was published, the National Aeronautics and Space Administration released data showing that March ranked as the second hottest on record for the planet. It followed the second hottest February and third hottest January on record.

Energy Department Orders Grid Study

U.S. Department of Energy Secretary Rick Perry has ordered a 60-day study of the U.S. power grid to determine whether policies that favor wind and solar energy—including a recently renewed production tax credit that helps offset the cost of wind and solar installations and, in some states, renewable power mandates—are speeding the decline of baseload coal and nuclear power plants and potentially hampering grid reliability.

In an April 14 memo to his chief of staff, Perry wrote that grid experts have “highlighted the diminishing diversity of our nation’s electric generation mix and what that could mean for baseload power and grid resilience.”

The memo orders consideration of “the extent to which continued regulatory burdens, as well as mandates and tax and subsidy policies, are responsible for forcing the premature retirement of baseload power plants,” among other things.

Travis Fisher, a senior advisor in the Office of Energy Efficiency and Renewable Energy, has been tapped to head the study. Greenwire reported that Fisher has made several public statements through interviews, op-eds and blog posts in which he warned that federal regulations, the wind production tax credit and state renewable mandates were threatening grid reliability.

Electricity regulators are already examining how state policies might be affecting regional electricity markets and grid reliability, reports Bloomberg. Next month the Federal Energy Regulatory Commission (FERC) will hold a technical conference to consider state and federal jurisdictional battles over electricity markets, along with state programs that direct credits to renewable energy and zero-emission power.

In laying out her vision for the conference, FERC’s acting chair, Cheryl LaFleur, said that she hopes for a negotiated solution to wholesale power market issues.

“As I see it, there are three potential outcomes that we could achieve here, and the first is some kind of negotiated or planned solution—in my mind, the best option for stakeholders in different regions,” said LaFleur, who also mentioned litigation and re-regulation.

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

Last week, California’s Cap-and-Trade Program to reduce carbon emissions was handed a victory when a state appeals court ruled that program’s auction of emissions permits does not constitute an illegal tax because the program is voluntary and the emissions permits have value. In a 2–1 vote, the Court of Appeal for the Third Appellate District upheld the cornerstone piece of California’s climate change policy, siding with the program’s operator, the California Air Resources Board (CARB), by finding that the auction revenues are more akin to regulatory fees than a tax. The court ruled against the California Chamber of Commerce, a tomato processor, and the National Association of Manufacturers, all of whom alleged that CARB lacked legislative authority to create the auctions and that the emissions allowances amounted to a tax that would have required a two-thirds vote of the legislature.

California created the Cap-and-Trade Program as part of its program to meet its targets of reducing carbon emissions to 1990 levels by 2020 and to 40 percent below 1990 levels by 2030. The program requires factories, power plants, and other companies to buy permits to emit greenhouse gases. By putting a cap on carbon emissions and by creating a market for emissions permits, which covered entities can bank and sell if they don’t need them, the program aims to encourage pollution reduction at the least possible cost. Specifically, it allows businesses to determine whether their most cost-effective compliance option is to reduce their emissions or to pay to pollute, a flexibility that figured in the appeals court decision.

“Reducing emissions reduces air pollution, and no entity has a vested right to pollute,” the court wrote. “The purchase of allowances is a voluntary decision driven by business judgments as to whether it is more beneficial to the company to make the purchase than to reduce emissions.”

The court decision frees California to continue holding auctions through 2020 but does not eliminate all the uncertainty that has dampened demand for permits and reduced state revenues that have been used for programs linked to emissions reductions. Although the decision immediately gave carbon markets a boost, an oversupply of permits has kept them inexpensive at roughly $12.50 or $13.50 a metric ton. Experts say that price needs to reach $30 to $40 to properly incentivize new pollution control investments.

Whether emissions permits in a cap-and-trade system should be given away or sold by the government has long been debated by scholars, reports Inside Climate News. California companies had wanted permits to be handed out for free, but California chose to auction them and to use the revenue to help finance spending on energy efficiency and other parts of its climate agenda.

State lawmakers are presently debating whether to extend the Cap-and-Trade Program past 2020 to eliminate any additional uncertainty about the program.

U.S. Power Sector Shrinks Carbon Footprint in Record-Breaking Way

A continuing drop in coal use, along with relatively mild winter temperatures, drove a second consecutive year of reductions in U.S. power sector carbon dioxide emissions, according to figures released by the Energy Information Administration (EIA) on Monday. The EIA reported that those emissions dropped 1.7 percent, compared with the previous year. That reduction was largely attributed to an 8.6 percent drop in coal-related emissions, which was offset by increases in emissions from oil (1.1 percent) and natural gas (0.9 percent). Those figures added up to a record-breaking decrease in the power sector’s carbon intensity, a measure that relates carbon emissions to economic output.

“Overall, the data indicate about a 5 percent decline in the carbon intensity of the power sector, a rate that was also realized in 2015,” the EIA said. “Since 1973, no two consecutive years have seen a decline of this magnitude, and only one other year (2009) has seen a similar decline.”

“These recent decreases are consistent with a decade-long trend, with energy-related CO2 emissions 14 percent below the 2005 level in 2016,” the EIA added.

Whether the trend will continue will depend on several factors. Climate Central reports that utilities’ increasing switch from coal to less carbon-intensive natural gas is not a panacea for climate change, because extraction processes for natural gas emit methane, a greenhouse gas 34 times stronger than carbon dioxide over 100 years. Moreover, it’s unclear how the Trump administration’s push for fossil fuels development will play out. It may only delay the closure of coal-fired power plants slated for retirement if natural gas prices remain low. But carbon emissions could begin to rise again in the United States if demand for electricity and gasoline increases and if the average fuel economy of new vehicles does not increase.

The EIA reported that the only U.S. sector in which carbon emissions increased last year was transportation. Emissions directly from motor gasoline increased 1.8 percent. Notably, overall transportation sector emissions were higher than power sector emissions, a trend the EIA expects to continue until at least 2040.

Gorsuch Sworn in as Supreme Court Justice

After being confirmed Friday by a 54-to-45 vote—following Republicans’ invocation of the so-called nuclear option, which lowered the threshold on Supreme Court nominations to a simple majority vote—Colorado appeals court judge Neil M. Gorsuch took his oaths to be the Supreme Court’s 113th justice Monday. Gorsuch breaks the court’s perceived 4-4 ideological split since the February 2016 death of conservative stalwart Justice Antonin Scalia.

During his federal appeal court tenure, Gorsuch mirrored Scalia’s originalist approach to the law, interpreting the Constitution according to the meaning understood by its drafters. But he could envision his job in more “muscular” terms than his predecessor, according to The Economist. Of particular importance to climate policy is Gorsuch’s evident skepticism of the Chevron deference, whereby judges defer to an agency’s reasonable interpretation of federal laws when the law is ambiguous. The Chevron deference, as a principle, stems from a decision in a 1984 case that Chevron brought against the Environmental Protection Agency regarding its reading of the Clean Air Act. In last year’s Gutierrez-Brizuela v Lynch, notes The Economist, Gorsuch called into question the Chevron principle, writing that it allows agencies to “swallow huge amounts of core judicial and legislative power” and that it “concentrate[s] federal power in a way that seems more than a little difficult to square with the constitution of the framers’ design.” He suggested that it might be time to fundamentally rethink the Chevron principle.

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.