Court Hears Arguments Surrounding EPA Power Plant Rule

April 16, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The U.S. Court of Appeals for the District of Columbia Circuit heard arguments Thursday in a set of cases (Murray Energy v. EPA and West Virginia v. EPA) challenging the U.S Environmental Protection Agency’s (EPA) authority to limit greenhouse gases from existing power plants under section 111(d) of the Clean Air Act. There was skepticism from at least two of the three judge panel about whether they could hear a challenge before the rule is finalized. Judges Griffith and Kavanaugh both questioned whether the rulemaking was “extraordinary” and requiring of immediate court review.

Whether the court decides to review the proposed rule or not, the argument also previewed future challenges claiming the EPA misused sections of the Clean Air Act to regulate pollution. The plaintiffs—a coalition of coal-producing states and a coal company—argue that the EPA rules violate the Clean Air Act’s language limiting regulation of the facilities for pollutants to just one section of the law. A drafting error in 1990 created conflicting language between the House and Senate versions that was never resolved, with the House limiting regulation under section 111(d) to those facilities that were not regulated otherwise, and the Senate limiting regulation only to those pollutants that were not otherwise regulated. The EPA claims that it has discretion to resolve such a conflict of language in the way it has proposed.

Obama Proposes New Offshore Drilling Rules

As the five-year anniversary of the Deepwater Horizon explosion and oil spill in the Gulf of Mexico nears, the Obama administration is proposing dozens of rules aimed at strengthening oversight of offshore drilling equipment to ensure that wells can be sealed in emergency situations.

The draft rules would impose tougher standards on equipment designed to maintain well control (such as the blowout preventer that malfunctioned in the BP spill), require real-time monitoring of drilling in deep-water and high-pressure conditions, and establish annual third-part reviews of repair records.

“Both industry and government have taken important strides to better protect human lives and the environment from oil spills, and these proposed measures are designed to further build on critical lessons learned from the Deepwater Horizon tragedy and to ensure that offshore operations are safe,” said U.S. Department of the Interior Secretary Sally Jewell (subscription).

Carbon Emissions from Permafrost: Good and Bad News

A new study in the journal Nature warns that a warming climate can induce environmental changes that hasten the microbial breakdown of organic carbon stored in permafrost (frozen soils) within the Artic and sub-Artic regions, releasing carbon dioxide and methane—a feedback that can accelerate climate change. Although a sudden or catastrophic release of these greenhouse gases from the top three meters of global permafrost soil and Arctic river deltas is unlikely, the projected release of 5–15 percent of an estimated 1,330–1,580 gigatons—equaling an extra 0.13 to 0.27 degrees Celsius of warming—by 2100 is troubling given the tight carbon budget to hold global warming to 2 degrees Celsius above pre-industrial temperatures.

The study’s authors said that target likely will be overshot if the Arctic’s soil carbon stores are not accurately incorporated into climate models used by policy makers to decide how to mitigate missions and limit global warming.

“If society’s goal is to try to keep the rise in global temperatures under 2 degrees C and we haven’t taken permafrost carbon release into account in terms of mitigation efforts, then we might underestimate that amount of mitigation effort required to reach that goal,” said study co-author David McGuire.

Although the Intergovernmental Panel on Climate Change was aware of the potential for permafrost emissions, it didn’t factor them into its most recent major report because estimates from earlier studies were considered uncertain and unreliable.

According to McGuire, data from his team’s syntheses do not support a hypothesized permafrost carbon bomb. “What our syntheses do show,” McGuire said, “is that permafrost carbon is likely to be released in a gradual and prolonged manner, and that the rate of release through 2100 is likely to be of the same order as the current rate of tropical deforestation in terms of its effects on the carbon cycle.”

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.


United States, Europe Announce Emissions Reductions Pledges

April 2, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

“Ambitious and achievable” is how the White House described its formal emissions reduction pledge—a cut of 26 to 28 percent from 2005 levels by 2025—to the United Nations Framework Convention on Climate Change (UNFCCC) in preparation for negotiation of a binding climate agreement in Paris in December. Opinion about the aptness of the two adjectives was, predictably, mixed.

The U.S. pledge follows on the heels of a U.S. agreement to form a joint task force on climate policy co-operation with Mexico, which has become the first developing nation to formally announce its greenhouse gas emissions reductions ahead of Paris—25 percent by 2030.

The only other countries to meet an informal March 31 deadline to declare formal plans to the UNFCCC for voluntary greenhouse gas emissions cuts—so-called intended nationally determined contributions (INDCs)—were the 28-nation European Union, Switzerland, Norway, and, at the midnight hour, Russia, which said it would cut its emissions by as much as 30 percent from 1990 levels. Gabon submitted its pledge April 1.

The delay in INDC pledges by the vast majority of the world’s countries complicates negotiation of a global climate change agreement in Paris in December, Reuters reports. The lag will shrink the time that other countries have to assess whether they will meet others’ offers, potentially leading to a “last-minute pile-up” like the one that scuttled climate talks in Copenhagen in 2009.

The U.S. target will entail a substantial ramp-up in reductions. According to the U.S. INDC, “Achieving the 2025 target will require a further emission reduction of 9–11 percent beyond our 2020 target compared to the 2005 baseline and a substantial acceleration of the 2005–2020 annual pace of reduction, to 2.3–2.8 percent per year, or an approximate doubling.”

Some of the required efforts have been launched or proposed: increased fuel efficiency standards for vehicles, methane limits for energy production, cuts in federal government emissions, and pollution rules for power plants. The U.S. INDC outlined no plans to meet INDC targets through international carbon trading, but it does suggest that agricultural land use and carbon sinks such as forests will play some role in achieving the targets.

According to the international analysis group Climate Action Tracker, “The U.S. will need to implement additional policies to reach its proposed targets. The planned policies (such as the targets in the Climate Action Plan), if fully implemented, are sufficient to meet the 2020 pledge [a 17 percent reduction in 2005 emissions levels by 2020]. Additional policies will have to be implemented to reach the 2025 pledge.”

Arctic Oil Exploration

A National Petroleum Council (NPC) draft report, out last Friday, indicates that the United States should tap Arctic oil and gas reserves to boost energy security.

“To remain globally competitive and to be positioned to provide global leadership and influence in the Arctic, the U.S. should facilitate exploration in the offshore Alaskan Arctic now,” the study’s authors wrote.

According to the U.S. Energy Information Administration (EIA), the Arctic contains an estimated 13 percent of all oil resources and up to 30 percent of all natural gas resources on the planet [measured in terms undiscovered conventional energy resources]. According to the NPC report, if drilling began now in Alaska and continued into 2030 or 2040, Arctic production would help sustain domestic supplies if shale and tight oils decline in the lower 48 states.

The report was released just days before the U.S. Department of the Interior reaffirmed a 2008 auction of Arctic drilling rights, giving Royal Dutch Shell the go-ahead to restart oil exploration in the Alaskan Artic. Despite that news, the National Geographic reports that three factors—permits, safety concerns, and oil reserve amounts—could still slow Arctic drilling.

Report: Renewables Could Help States Meet Clean Power Plan Requirements

Renewable energy investment worldwide totaled more than $270.2 billion in 2014—a roughly 17 percent increase from the year previous—according to a new report.

The American Wind Energy Association and the Solar Energy Industries Association think renewables have potential. Their new handbook details how states can incorporate renewable energy to comply with the U.S. Environmental Protection Agency’s proposed Clean Power Plan, which aims to regulate carbon dioxide emissions from power plants under the Clean Air Act by establishing state-by-state emissions rate goals for affected fossil fuel-fired power plants.

How much and how fast the Clean Power Plan could help renewable energy development depends on a laundry list of technical and policy questions involving the EPA’s final rule (subscription).

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.


Supreme Court Reviews EPA’s Power Plant Mercury Rule; Decision Due in June

March 26, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The U.S. Supreme Court heard oral arguments this week in a challenge to the U.S. Environmental Protection Agency’s (EPA) consideration of cost impacts when developing the Mercury and Air Toxics Standard, (MATS) which are set to go into effect next month. At issue in the case is whether the Clean Air Act requires the EPA to consider costs in addition to health and environmental impacts when determining whether (not just how) to regulate hazardous air pollutants emitted by power plants.

The MATS rule, finalized in December 2011, requires coal-burning power plants to reduce emissions of toxic pollutants by installing control technologies. The EPA estimates the rule would cost industry about $9.6 billion a year but have the benefits of cutting coal and oil emissions by 90 percent and generating $37 billion in savings through “co-benefits.”

The U.S. Court of Appeals for the District of Columbia held that it is in EPA’s discretion whether to consider costs when deciding whether it is “appropriate and necessary” to regulate hazardous air pollutants emitted by power plants. During Wednesday’s Supreme Court oral argument, Justice Ruth Bader Ginsburg agreed, asserting that Congress instructed the EPA to use its expertise to decide what was appropriate and did not mandate consideration of costs.

Forbes reports that Justice Antonin Scalia repeatedly attacked EPA’s interpretation. He asserted, “I would think it’s classic arbitrary and capricious agency action for an agency to command something that is outrageously expensive and in which the expense vastly exceeds whatever public benefit can be achieved.”

The Supreme Court’s final decision is expected by the end of June (subscription).

Global Warming Imperiling Artic Ice, Slowing Ocean Circulation

This week the National Snow and Ice Data Center (NSIDC) announced that on Feb. 25 Arctic sea ice appeared to have reached its annual maximum extent, “the lowest in the satellite record,” with implications for the Arctic’s ecology and economy and for weather patterns in North America, Europe, and Asia. The news, the Belfast Telegraph reported, increases fears that summers in the polar region could be ice free within 20 or 30 years.

Warming Arctic temperatures triggered by the buildup of greenhouse gases in the atmosphere are accelerating ice melt and increasing the amount open ocean exposed to the sun’s rays. Unlike white ice, which reflects those rays, the dark ocean absorbs them, causing further heating and melt.

“[The record low extent] is significant, in that it shows that the Arctic is being seriously impacted by our warming climate,” said NSIDC’s Senior Research Scientist Ted Scambos. “In general, sea ice retreat has proceeded faster than modelling expects in the Arctic, although models are catching up.”

The NSIDC announcement comes in the wake of a new study reporting that Arctic sea ice is thinning at a faster rate than researchers previously thought. It shows that the ice in the central Arctic Ocean thinned 65 percent between 1975 and 2012, from 11.78 feet to 4.1 feet.

Global warming also appears to be slowing ocean circulation according to a new study in Nature Climate Change. The study reveals a deceleration of the ocean circulation that helps to drive the Gulf Stream off the U.S. east coast, the consequences of which could be significant extra sea level rise for coastal cities and shifts in U.S. and European weather.

The findings suggest that the slowdown—the most dramatic in recorded history and well outside the norm—is probably not part of natural fluctuation.

If the climate relationships identified in the study hold true, increasing melt rates in Greenland “might lead to further weakening of the Atlantic meridional overturning circulation within a decade or two, and possibly even more permanent shutdown” of key components of it, the scientists warn.

“If the slowdown of the Atlantic overturning continues, the impacts might be substantial,” said lead author Stefan Rahmstorf of the Potsdam Institute for Climate Impact Research. “Disturbing the circulation will likely have a negative effect on the ocean ecosystem, and thereby fisheries and the associated livelihoods of many people in coastal areas. A slowdown also adds to the regional sea-level rise affecting cities like New York and Boston. Finally, temperature changes in that region can also influence weather systems on both sides of the Atlantic, in North America as well as Europe.”

Obama Cuts Fed’s Carbon Emissions

In an effort to help meet emissions reduction goals and spur others to do the same, President Barack Obama ordered the federal government to cut greenhouse gas emissions by 40 percent compared to 2008 levels in the next decade. Specifically, the executive order calls for agencies to ensure 25 percent of their total energy consumption is from clean sources, to reduce energy use in federal buildings by 2.5 percent each year and decrease per-mile greenhouse gas emissions 30 percent from 2014 levels.

“America once again is going to be leading by example,” said Obama. “So we’re proving that it is possible to grow our economy robustly while at the same time doing the right thing for our environment and tackling climate change in a serious way.”

The move by Obama is part of a broader plan to tackle climate change. He previously pledged to cut U.S. greenhouse gas emissions 17 percent below 2005 levels by 2020. Daily Caller’s Michael Bastasch reports that Obama’s latest moves on climate are part of a larger effort to increase political pressure on other countries to follow suit in the months before a global climate treaty will be discussed at an international climate summit in Paris.

“If I can encourage and gain commitments from the Chinese to put forward a serious plan to start curbing their greenhouse gases, and that then allows us to leverage the entire world for the conference that will be taking place later this year in Paris,” Obama 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.


McCarthy: States Must Comply with Clean Power Plan

March 19, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

On Tuesday, a lawyer hired by the world’s largest coal mining company told the House Energy and Commerce Subcommittee on Energy and Power that proposed requirements to reduce carbon dioxide emissions from power plants are reckless, and Senate majority leader Mitch McConnell of Kentucky, in an op-ed, said states should ignore them, but U.S. Environmental Protection Agency (EPA) administrator Gina McCarthy warned that the regulations will be enforced whether or not states chose to cooperate.

“The EPA is going to regulate. Mid-summer is when the Clean Power Plan is going to be finalized,” McCarthy said, noting that the EPA is developing a federal implementation plan that will apply to states that fail to submit their own compliance plans. “If folks think any of those pieces aren’t going to happen and [the Clean Power Plan] isn’t going to be implemented, I think they need to look at the history of the Clean Air Act more carefully. This isn’t how we do business.”

A new policy brief by Duke’s Nicholas Institute for Environmental Policy Solutions offers a compliance pathway for the EPA’s proposed Clean Power Plan that allows states to realize the advantages of multistate and market-based solutions without mandating either strategy. Under the common elements approach, states develop individual-state plans to achieve their unique emissions targets and give power plant owners the option to participate in cross-state emissions markets.

“States wouldn’t necessarily have to mandate market-based approaches or even endorse the approaches,” said Jonas Monast, lead author and director of the Climate and Energy Program at the Nicholas Institute. “What it would require is the states using a common definition of what a compliance instrument is and ensuring that somehow the credits are verified and tracked.”

The common elements approach would allow cross-state credit transfers without states’ negotiation of a formal regional trading scheme, leave compliance choices to power companies, build on existing state and federal trading programs and maintain traditional roles of state energy and environmental regulators.

Carbon Footprint of Crudes Varies Widely

A first-of-its-kind oil-climate index, produced by the Carnegie Endowment for International Peace’s Climate and Energy Program in collaboration with Stanford University and the University of Calgary, captures the huge spread between the most and least intensive greenhouse gas (GHG) oils. By calculating the carbon costs of various crudes and related petroleum products, the authors suggest that companies and policymakers can better prioritize their development.

The index reflects emissions from the entire oil supply chain—oil extraction, crude transport, refining, marketing, and product combustion and end use—and reveals an 80 percent spread between the lowest GHG-emitting oil and the highest in its sample of 30 crudes, representing some 5 percent of global oil production. That spread will likely grow when more types of crude oil, particularly oil from unconventional sources, are added to the index.

The lead emitter? China Bozhong crude, followed by several Canadian syncrudes derived from oil sands-extracted bitumen.

A blog post for the Union of Concerned Scientists suggested that the wide emissions spread should give rise to “more responsible practices like capturing rather than flaring gas” and that in some cases “the dirtiest extra-heavy resources are best left in the ground.”

The index, which highlights that attention to the entire lifecycle of a barrel of crude is critical to designing policies that reduce its climate impacts, was released days before the International Energy Agency reported that for the first time in 40 years of record keeping, carbon dioxide emissions from energy use remained steady in 2014. The halt, the report states, is particularly notable because it is not tied to an economic downturn.

More Renewables, Tougher Standards for Public Lands

Secretary of the Interior Sally Jewell previewed plans to make energy development safer on public and tribal lands and waters in a speech outlining priorities for the Obama administration’s final years.

“…our task by the end of this Administration is to put in place common-sense reforms that promote good government and help define the rules of the road for America’s energy future on our public lands,” Jewell said. “Those reforms should help businesses produce energy more safely and with more certainty. They should encourage technological innovation. They should ensure American taxpayers are getting maximum benefit from their resources. And they should apply our values and our science to better protect and sustain our planet for future generations.”

Among the measures to be unveiled in coming months: tightened spill prevention standards for offshore drilling, increased construction of solar and wind installations and a raise in royalties from coal mining.

Jewell also hinted at plans “in coming days” to propose rules governing hydraulic fracturing on public lands, which are believed to hold about 25 percent of the country’s shale reserves.

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.


Climate Pledges May Not Be Enough

March 12, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The European Union (EU) is now the second body to submit an official climate target to the United Nations ahead of talks to reach a global climate agreement in Paris later this year. One of the world’s top emitters, the EU intends to reduce its emissions 40 percent (relative to 1990 levels) by 2030. This commitment is in addition to 2050 emissions reduction targets that a recent report published by the European Environment Agency claims may prove difficult to reach.

“The level of ambition of environmental policies currently in place to reduce environmental pressures may not enable Europe to achieve long-term environmental goals, such as the 2050 target of reducing greenhouse gas emissions by 80-95 percent,” the report said. It points to a 60 percent cut in transportation emissions toward which little progress has been made.

Another study that looks at commitments by all nations to curb the effects of climate change suggests that the U.N. goal of avoiding 2 degrees Celsius of warming by century’s end is unlikely to be met. According to the authors, to attain that goal, the agreement reached in Paris must not only be based on a shared commitment to creating “equitable access to sustainable development,” but must also be structured to facilitate dynamic and collaborative interactions between parties.

Negotiators aim to complete an agreement in Paris that would go into effect in 2020. All countries are due to announce their emissions reductions plans in June in Bonn.

Droughts in the Amazon Accelerating Climate Change

A severe drought in 2010 doubled the rate of tree mortality in the Amazon rainforest, causing a 1.4 billion ton loss in the forest’s uptake of carbon dioxide from the atmosphere. That’s the conclusion of a new study in Nature that finds droughts are causing the trees to exhale more carbon dioxide than they inhale. The authors say trees store a tenth less CO2 from the atmosphere during droughts, apparently because they are channeling their more limited energy reserves into growth.

“Here, we show for the first time that during severe drought, the rate at which they [tropical rainforests] ‘inhale’ carbon through photosynthesis can decrease,” said Christopher Doughty, one of the researchers. “This decreased uptake of carbon does not decrease growth rates but does mean an increase in tree deaths. As trees die and decompose, the concentrations of carbon dioxide in the atmosphere will increase, potentially speeding up climate change during tropical droughts.”

The study provides the first direct evidence of the rate at which individual trees in the Amazonian basin absorb carbon during a severe drought. An international research team compared the growth and photosynthesis rates of trees at 13 drought-affected and non-drought-affected rainforest plots across Brazil, Peru, and Bolivia. Researchers discovered that growth rates of the trees in the plots were unchanged but that photosynthesis rates on the six drought-affected plots slowed by some 10 percent over six months.

EIA Report Sees Growth in Wind, Solar

Electricity from renewable sources outpaced the growth of electricity from fossil fuel-fired plants in 2014, according to a new Energy Information Administration report. Though solar’s share of electricity production remained smaller than wind’s share, net generation of the former grew by more than 100 percent last year. Wind generation grew by 8 percent and is forecasted to grow by 16.1 percent this year and another 6.5 percent in 2016.

“Because wind is starting from a much larger base than solar, even though the growth rate is lower, the absolute amount of the increase in capacity is more than twice that of solar: 15 GW [gigawatts] of wind versus 6 GW of utility-scale solar between 2014 and 2016,” the EIA reports.

Ultimately, wind will see a net increase of 9.8 gigawatts—the most of any other power source in 2015. California and North Carolina will add the most utility-scale solar capacity to systems (73 percent combined).

“Given current growth rates, especially for solar and wind, it is quite possible that renewable energy sources will reach, or exceed, 14% of the nation’s electrical supply by the end of 2015,” noted Ken Bossong, executive director of the SUN DAY Campaign. “That is a level that EIA, only a few years ago, was forecasting would not be achieved until the year 2040.”

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.


First-Ever Direct Observation of Greenhouse Gas Increase

March 5, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

A new study in the journal Nature offers that for the first time scientists have directly observed an increase in one major greenhouse gas at Earth’s surface.

“We see, for the first time in the field, the amplification of the greenhouse effect because there’s more CO2 [carbon dioxide] in the atmosphere to absorb what the Earth emits in response to incoming solar radiation,” said lead author Daniel Feldman. “Numerous studies show rising atmospheric CO2 concentrations, but our study provides the critical link between those concentrations and the addition of energy to the system, or the greenhouse effect.”

Feldman and other researchers from the Lawrence Berkeley National Laboratory and the University of California, Berkeley, measured the amount of infrared heat radiation from the sun reaching Earth’s surface and the amount of heat radiation the Earth emits back. Examination of carbon dioxide concentrations from 2000 to 2010 in Alaska and Oklahoma showed the “fingerprint of carbon dioxide” trapping heat in action. Some of the heat from Earth was being blocked by carbon dioxide in the atmosphere—allowing the researchers to calculate that this effect amounted to two-tenths of a watt per square meter of surface warming per decade (22 parts per million between 2000 and 2010).

“The data say what the data say,” Feldman said. “They are very clear that the rising carbon dioxide is actually contributing to an increased greenhouse effect at those sites.”

Net Zero Emissions—The Business Case

A recently leaked European Union planning document states that “the world’s states should commit to a legally binding emissions cut of 60 percent by 2050, with five yearly reviews.” Still, many scientists and policy experts want this year’s Paris climate talks to aim for net zero emissions. In fact, the latest draft climate agreement, forged a few weeks ago in Geneva, does contain 15 versions of a net zero greenhouse gas (GHG) emissions goal.

Using information in the Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment Report, the 2014 United Nations Environment Programme’s Emissions Gap Report, and other scientific literature, a new briefing note from Climate Analytics details timeframes for that goal. For a 66 percent likelihood of avoiding 2 degrees of warming by century’s end, GHG emissions would have to be 40–70 percent below 2010 levels by 2050 and would need to reach zero some time between 2080 and 2100, but energy and industry emissions of CO2 would have to reach zero no later than 2075 and perhaps as soon as 2060.

At the outset of the Geneva talks, The B Team, a group of leaders from the business and nonprofit sectors founded by Sir Richard Branson, referenced the 66 percent chance in endorsing a net zero emissions goal: “The B Team view a 1-in-3 chance of failure as an unreasonable risk scenario carrying significant cost implications, strengthening the business case for achieving net-zero GHG emissions by 2050.”

“Momentum is already growing in finance, business and political circles for a net zero goal,” wrote Mary Robinson, the United Nations Secretary General’s special envoy on climate change, in the foreword to The Business Case for Adopting the Long-Term Goal for Net Zero Emissions, a report published by Track0.org.

EPA Airline Emissions Plan under Review

The U.S. Environmental Protection Agency (EPA) first proposed the idea of regulating emissions for the airline industry, which accounts for 2–3 percent of global greenhouse gas emissions, last year. Media report that the EPA has now sent the White House’s Office of Management and Budget its draft conclusion on whether carbon emitted from airplanes is cumulatively harmful to the environment and what the agency might do to restrict emissions.

NBC reports on how a decision to regulate airline emissions could lead to fuel-efficient planes.

Following the White House’s review of the document, the EPA could, according to Think Progress, make a proposal to the public as early as May with a final decision coming in 2016. The Daily Caller; however, reports the EPA has no timeline in mind.

“We don’t have a timeline for doing a rule,” said an EPA spokeswoman. “For any potential EPA domestic rulemaking to adopt equivalent international standards, EPA would have to propose and then finalize an affirmative endangerment and cause or contribute findings for aircraft greenhouse gas emissions.”

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.


McCarthy: Clean Power Plan Targets May Change

February 19, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The EPA Administrator this week, suggested (subscription) that interim goals for existing power plants to comply with the agency’s proposed Clean Power Plan could be softened before the rule is finalized this summer.

The proposal unveiled last year calls for a 30 percent reduction in carbon emissions from 2005 levels by 2030 and sets state-by-state emissions targets, beginning as early as 2020. Regulators and electric utilities have complained that a lack of time could destabilize electric supplies. According to the News and World Report, EPA Administrator Gina McCarthy stated that changes to the 2020 date are “very, very much on the table.”

“While states can craft their own glide path, we want to make sure they hit the targets that we need and they’re going to be effective strategies,” McCarthy told an audience at the National Association of Regulatory Utility Commissioners winter meeting. “We clearly need to make sure there is trajectory towards a goal that is as far away as 2030 and that there is an ability to ensure that states are actively working and on a trajectory to achieve that final goal.”

New Climate Agreement Draft Long on Diversity of Views, Short on Resolutions

“86 pages, 54,000 words, 1,234 square brackets here’s official draft of #Paris2015”—that’s how Sebastian Duyck, an Arctic Centre researcher and observer at last week’s climate talks in Geneva summarized the proceedings’ output on social media. The draft negotiated in Lima last November more than doubled in size, and the number of words, phrases, and sentences not agreed by all countries—the brackets referred to in Duyck’s tweet—also increased, but although the new draft became more complex—not simpler as planned—it represents progress to some participants.

“Although it has become longer, countries are now fully aware of each other’s positions,” said Christiana Figueres, the head of the United Nations climate change secretariat.

“After years of false starts and broken promises, restoring ownership and trust in the process is no small achievement. And I think we have come a long way toward doing that,” said Ahmed Sareer, a Maldives delegate who represents an alliance of island nations.

Among the new draft’s significantly varying proposals for checking climate change are a zero net greenhouse gas emissions goal by 2050 and a peaking of emissions “as soon as possible.”

In new text, developed countries, including the United States, emphasized the need for all countries to contribute to emissions reductions efforts, and developing countries asked for financial help to deal with climate change.

The international agreement, to be reached in Paris in December, is supposed to go into effect in 2020. The next critical date is June in Bonn, where all countries are to announce their emissions reductions plans.

Experts Debate Economic, Carbon Impacts of Biomass Conversion to Electricity

Last November, the EPA issued a policy memo that appeared to promote the harvest of forests to produce power by treating bioenergy as a carbon-free energy source. But there are a couple of problems with that strategy, reports the New York Times. It ignores the opportunity cost of dedicating land to bioenergy rather than to other purposes, potentially imperiling food supplies and ecosystems—and, according to a recent World Resources Institute report, energy from forests and fields is not carbon neutral.

In a Feb. 9 letter to EPA Administrator Gina McCarthy that decries the new power plant policy, 78 scientists said, “Burning biomass instead of fossil fuels does not reduce the carbon emitted by power plants.” In fact, “Burning biomass, such as trees, that would otherwise continue to absorb and store carbon comes at the expense of reduced carbon storage.”

In a Feb. 11 letter to McCarthy, six environmental Massachusetts-based environmental groups also opposed the policy, stating, “We are pleased that EPA is moving forward with the Clean Power Plan. However, we write to express our deep concern at EPA’s apparent decision to treat biomass power as carbon neutral for the purposes of EPA’s Clean Power Plan and Prevention of Significant Deterioration permitting.” They added that the decision “contradicts sound science and promotes burning forest wood for electric power production, which is exactly the wrong direction for our county’s renewable energy policy.”

But a just-published report in the journal Nature Climate Change argues that deploying bioenergy with carbon capture and sequestration (BECCS) could produce a net reduction in atmospheric carbon—with up to a 145 percent emissions cut from 1990 levels. Moreover, according to energy expert and study coauthor Daniel Kammen, BECCS may be one of the few cost-effective carbon-negative opportunities available to mitigate the worst effects of climate change and could be critical should that change be worse than anticipated or should emissions reductions in non-energy sectors prove difficult to realize.

On the basis of analysis of various fuel scenarios using a detailed model of the American West power grid developed at the Renewable and Appropriate Energy Laboratory, the University of California–Berkeley report predicts that biomass conversion to electricity combined with prospective carbon capture and storage (CCS) technologies could result in a carbon-negative power grid in the western United States by 2050.

“There are a lot of commercial uncertainties about carbon capture and sequestration technologies,” admitted the study leader, Daniel Sanchez. “Nevertheless, we’re taking this technology and showing that in the Western United States 35 years from now, BECCS doesn’t merely let you reduce emissions by 80 percent – the current 2050 goal in California—but gets the power system to negative carbon emissions: you store more carbon than you create.”

These latest contributions add to and continue what has been several years of debate (subscription) on the possible benefits and drawbacks of biomass energy and how best to quantify the ultimate impact of its use.

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 Delays Release of Carbon Emissions Rules for Power Plants

January 8, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The Environmental Protection Agency (EPA) is delaying the release of carbon emissions rules for all power plants and will publish them for new as well as existing plants at the same time mid-summer.

“It’s become clear to us … that there are cross-cutting topics that affect the standards for new sources, for modified sources and for existing sources, and we believe it’s essential to consider these overlapping issues in a coordinated fashion,” said Janet McCabe, the EPA’s acting administrator for air quality.

McCabe also announced that the EPA will begin drafting a “model rule” for states that do not submit individual plans to meet emissions reduction targets in the existing power plant regulations.

Under the proposed regulations for new sources, the EPA has functionally required new coal power plants to include carbon-capture technology, which critics of the emissions rules say lack proof of efficacy on a large scale and have a high cost to implement. In 2011, the American Electric Power Company reported that including carbon-storing processes at a West Virginia plant would cost an estimated $668 million.

California Cap-and-Trade System Includes Oil and Gas Sector

California’s cap-and-trade program—the country’s first multi-sector carbon emissions trading program—now requires gasoline and diesel producers to supply lower-carbon fuels or to buy carbon allowances—pollution permits—for the greenhouse gases emitted when those fuels are burned.

Key program stakeholders, industry leaders, public officials and environmental advocates agree that consumers will see a rise in gas prices, but the amount remains uncertain.

“There’s a very large universe of variables which could affect gas prices on a daily basis, and we don’t set fuel prices,” said California Air Resources Board spokesperson Dave Clegern. He added, “We don’t see them going up more than a dime, at the most, based on any current cap-and-trade compliance costs.”

It is estimated that 25 percent of secured funds from the emissions trading program will be allotted to the state’s high-speed rail project.

California’s program includes an allowance reserve initially proposed by Nicholas Institute and Duke University researchers that prevents carbon allowance prices from reaching levels beyond the scope of purchasers.

Congress Prepare to Vote on Keystone XL Pipeline

The Senate Energy and Natural Resources Committee has cleared legislation to approve the Keystone XL pipeline, which would deliver some 830,000 barrels of oil a day from Canada’s oil sands to Gulf Coast refineries. But White House press secretary Josh Earnest, citing the Obama administration’s “well-established” review process, said, “If this bill passes this Congress, the president wouldn’t sign it.”

The pipeline has become a flash point in the debate over climate change and economic growth.

In a December 19 press conference, the president said, “I want to make sure that if in fact this project goes forward, that it’s not adding to the problem of climate change, which I think is very serious and does impose serious costs on the American people, some of them long term, but significant costs nonetheless.”

Critics of Keystone have pointed to the carbon intensive production of the crude it will carry. In an op-ed in The Hill, the new president of the Natural Resources Defense Council, Rheh Suh, called production of oil from Canadian tar sands an “environmental disaster.”

Supporters argue that Keystone will be a source of economic stimulus. In a statement, Energy and Commerce Committee Chairman Fred Upton said, “After six years of foot-dragging, it’s time to finally say yes to jobs and yes to energy. It’s time to build [this pipeline].”

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.


Optimism at UN Climate Change Conference

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

The Nicholas Institute for Environmental Policy Solutions at Duke University

At the 2014 United Nations Climate Change Conference twentieth Conference of the Parties, known as COP20, in Lima, Peru, delegates from more than 190 nations are hashing out details of an international agreement to limit greenhouse gas emissions and curb permanent damage caused by global warming. Those details will set the stage for next December’s UN meeting in Paris, where negotiators are aiming to finalize a global climate change deal.

Diplomats and longtime observers of the talks say there is rising optimism that negotiators will secure a deal committing all countries to take action against climate change. “I have never felt as optimistic as I have now,” said Tony de Brum, the foreign minister of the Marshall Islands, which are sinking as sea levels rise in the Pacific. “There is an upbeat feeling on the part of everyone that first of all there is an opportunity here and that secondly, we cannot miss it.”

What’s driving the momentum?

Last month, the United States and China, the world’s top emitters of greenhouse gases, announced an agreement to slash their emissions. In October, the European Union pledged to reduce its emissions 40 percent, compared with 1990 levels, by 2030. And, the UN’s Green Climate Fund, which helps developing countries address climate change, is on track to meet its ten-billion-dollar initial target.

However, researchers note that drastic cuts are needed to achieve the overall goal of the international community: limiting global warming to 2 degrees Celsius above pre-industrial levels. Meeting that goal means emissions must be slashed 40 to 70 percent by 2050.

“We’re in far better shape a year ahead of Paris than at any stage leading up to Copenhagen,” where world leaders tried but failed to reach a climate deal in 2009, says Elliot Diringer, executive vice president of the Center for Climate and Energy Solutions.

EPA Closes Public Comment Period on Proposed Clean Power Plan

The U.S. Environmental Protection Agency (EPA) has officially closed the public comment period on its proposed Clean Power Plan (CPP), having collected more than 1.6 million comments from legislators, industry, environmental advocates and the general public.

The EPA had extended the comment period by 45 days, to December 1, to give the public additional time to understand and analyze the plan, which aims to cut carbon emissions from power plants across the country by approximately 30 percent by 2030.

“We’ve heard that the carbon reductions targets we proposed are too tough and we’ve heard that they’re not tough enough,” said EPA Air and Radiation Administrator Janet McCabe in an official EPA blog. “What we know for sure is that people care about this issue and we know we have a lot to consider as we work toward a final rule.”

Particularly contentious are the CPP’s state-specific emissions goals. According to the Edison Electric Institute, the association representing all U.S. investor-owned utilities, and other industry leadership, the goals could cause power companies to install costly upgrades that would diminish electricity affordability. Meanwhile, environmental groups such as the Natural Resources Defense Council say that falling solar and wind power prices and advancements in efficiency standards could allow the EPA to require steeper emissions cuts sooner—by 2020.

The EPA is scheduled to finalize the proposed rule by June 2015.

Mapping Low-Carbon Investments in the United States 

A recent report issued by the Deep Decarbonization Pathways Project (DDPP) says the United States can use existing or soon-to-be-available technologies to reduce greenhouse gas emissions by 80 percent by 2050—the trajectory on which the recent U.S. agreement with China would put the country, according to Special Envoy for Climate Change Todd Stern.

According to the DDPP report, decarbonization in the United States requires three key strategies:

  • Boosting energy efficiency in buildings, cars and industrial facilities
  • Cutting the carbon from electricity and other fuels
  • Swapping high-carbon fuels with low-carbon alternatives

“If you bet on America’s ability to develop and commercialize new technologies, then the net cost of transforming the energy system could be very low, even negative, when you take fuel savings into account,” said Jim Williams, chief scientist at San Francisco-based consulting firm Energy and Environmental Economics, Inc. and the report’s lead author.

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.


U.S., China Reach Climate Deal

November 13, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Two nations that account for more than one-third of all greenhouse gas emissions reached a climate deal. The United States will accelerate the pace of its net greenhouse gas emissions reductions from 17 percent below 2005 levels by 2020 to 26–28 percent by 2025. China will increase the non-fossil fuel share of all its energy to approximately 20 percent—roughly a fifth of its energy supply—by 2030.

“This is a major milestone,” said President Obama. “This is an ambitious goal, but this is an achievable goal. We have a special responsibility to lead the world effort to combat global climate change.”

The deal was reached after several rounds of talks between the two nations. At a joint press conference where the deal was announced, Obama indicated that he hoped the deal would “encourage all major economies to be ambitious and all developed and developing countries to work across divides” so that an agreement could be reached on climate change targets in Paris next year.

Chinese President Xi Jinping had similar comments.

“We agreed to make sure international climate change negotiations will reach agreement as scheduled at the Paris conference in 2015 and agreed to deepen practical cooperation on clean energy, environmental protection and other areas,” he said. The deal calls for China to deploy an additional 800–1,000 gigawatts of nuclear, wind, solar and other zero-emission energy sources—a capacity greater than that of all the coal–fired power plants in China and nearly equal to total electricity generation in the United States. Among other initiatives on which the two countries agreed: Expand joint clean energy research and development, advance major carbon capture and storage demonstrations, enhance cooperation on hydrofluorocarbons, creating a federal framework for cities in both countries to share experiences and best practices for low-carbon economic growth and adaptation to climate change impacts, and boosting trade in “green” goods, including energy efficiency technology and resilient infrastructure.

China is still largely poor, but its economy and energy use is still growing rapidly. At the same time, China is combating severe air pollution.

“Just the fact that they agreed to cap their emissions in the future is a significant development,” said Brian Murray, director of the Environmental Economics Program at Duke University’s Nicholas Institute for Environmental Policy Solutions. “As important as these two countries are, they can’t get the job done working alone. But without them, the world can’t get the job done.”

Will China’s pledge keep the climate from warming 2 degrees Celsius above pre-industrial levels—a scientific benchmark for averting dangerous climate impacts? A number of scientists say it falls short of what is needed to hit that target.

Congressional Republicans are skeptical of the deal. “As I read the agreement, it requires the Chinese to do nothing at all for 16 years, while these carbon emission regulations are creating havoc in my state and other states across the country,” said Mitch McConnell, who is in line to become the new Senate majority leader in January.

Grid Reliability In Question

New analysis by the North American Electric Reliability Corporation (NERC) discusses the potential impacts of the U.S. Environmental Protection Agency’s (EPA) Clean Power Plan on grid reliability (subscription). Specifically, NERC points to rapid transition as a factor in damaging capacity margins, increasing the difficulty of maintaining power quality and leaving the grid vulnerable to extreme weather.

The EPA said the report on the impact of the Clean Power Plan, which would reduce carbon emissions from existing fossil fuel–fired power plants, offered no new analysis and overlooks new capacity that will be built by 2020.

“The world is going to change regardless of this new proposed rule, and we know new capacity is going to build and NERC just ignores that completely,” a staff member in the EPA’s Office of Air and Radiation told Greenwire (subscription). “There are a lot of assertions and claims in the report that aren’t really substantiated by any particular analytics they mention, or supported by a deeper look into the issues.”

A U.S. Department of Energy study, due out in 2015, will examine the rule’s impact on utilities, according to The Hill.

OPEC Reduces Forecast Amid Low Oil Prices

In its annual World Oil Outlook, the Organization of the Petroleum Exporting Countries (OPEC), which supplies a third of the world’s crude oil, cut demand forecasts to 28.2 million barrels per day in 2017—a 14-year low. The 2014 report estimates approximately 600,000 barrels a day less than the 2013 report and 800,000 below the amount required this year.

The report further states that there will be a “small decline in real values” over this decade, together with a “constant nominal price” of $110 a barrel between now and 2020.

Booming U.S. oil production has put domestic output on the same level as that of energy giants Russia and Saudi Arabia, but oil prices are on the decline. UT San Diego News says the overall economy may still win, noting that “we still consume far more petroleum—in the form of gasoline and thousands of related products—than we pump from the ground. This means import costs are falling, too.”

Despite the decline in oil prices—to some $77 a barrel—companies like BP and Total are continuing to invest in major projects.

“We are not changing our investment decisions because of this [current price],” said Bob Dudley, BP chief executive.

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.