California Sues over Emissions Rules

On May 3, 2018, in Uncategorized, by timprofeta

The Nicholas Institute for Environmental Policy Solutions at Duke University

Seventeen states and the District of Columbia filed a lawsuit Tuesday in the D.C. Circuit Court of Appeals over the U.S. Environmental Protection Agency’s (EPA) rollback of Obama-era vehicle emissions and fuel economy standards last month. In the lawsuit, those states and a few state offices write that the EPA “acted arbitrarily and capriciously” in overturning the previous administration’s decision.

“This is about health, it’s about life and death,” said California Gov. Jerry Brown. “I’m going to fight it with everything I can.” The EPA had no comment on pending litigation.

The corporate average fuel economy, or CAFE standards, were set to roughly double from 2010 levels to about 50 miles per gallon. In early April, the EPA Administrator Scott Pruitt announced plans to draft new standards for 2022–2025 with the National Highway Traffic Safety Administration. At that time Pruitt said that “Obama’s EPA … made assumptions about the standards that didn’t comport with reality, and set the standards too high.”

Obama-era rules for 2022 to 2025 sought to bring average fuel economy to 54.5 mpg, or 36 mpg in the real world.

The EPA and the National Highway Traffic Safety Administration are now in the final stages of drafting and could release new rules as soon as June. The Washington Post reports that the new rules could freeze fuel-efficiency standards for automobiles starting in 2021 and challenge California’s ability to set its own fuel-efficiency rules. Presently, California is authorized under the Clean Air Act to set its own fuel standards.

Paris Agreement Revisited in Bonn

“Urgency, ambition, opportunity” are the three words that must define 2018 said Executive Secretary of U.N. Climate Change Patricia Espinosa on Monday in Bonn, Germany, at the opening of the latest round of talks to advance the goals of the Paris Agreement, which seeks 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.

“By the end of 2018 we have the opportunity to accomplish three important goals,” Espinosa said. “Those are: building on the pre-2020 agenda, which charts the efforts of nations up to the official beginning of the Paris deal; “unleash[ing] the potential” of the Paris deal by completing the operating manual; and building more ambition into countries national pledges.”

The 2015 Paris Agreement, which comes into effect in 2020, left a number of critical rules and procedures to address before the U.N. climate conference in Katowice, Poland, in December. The Bonn talks, which conclude May 10, are aimed not only at creating a “rule book” but also at getting governments to increase the ambition of their current national plans for greenhouse gas emissions cuts.

According to the latest UN Environment Programme emissions gap report, released November 2017, current commitments would allow warming to increase to dangerous levels above 3 degrees Celsius. That conclusion prompted Fiji—the current holder of the U.N. Framework Convention on Climate Change presidency—to initiate at Bonn a sidelines process it calls the Talanoa Dialogue, referencing a Fijian tradition of storytelling to build empathy and collective decision making.

The process involves national negotiators meeting with academics, campaigners and lobbyists to exchange ideas. From more than 400 submissions for the discussions, some themes have emerged, among them, whether countries should aim to achieve the more ambitious of the Paris Agreements’ temperature goals—no more than 1.5 degrees Celsius of warming—as small island states have urged and whether the governments of richer nations will substantially increase their financial support to poorer countries for climate change adaptation.

One of the issues at stake this week and for the rest of 2018 is how countries will be asked to demonstrate that they’ve delivered on their emissions reduction commitments. The Paris Agreement gives some poorer countries accounting and reporting flexibility in light of their comparatively weak capacity to track and inventory their emissions and actions. But which countries receive that flexibility, how it’s implemented and for how long remain undecided.

PJM to Look at Fuel Security

The PJM Interconnection, which operates the electric grid for a 13-state region, says it will conduct a study to understand “fuel-supply risks in an environment trending towards greater reliance on natural gas.”

“We do not feel we have a vulnerability today, but will take a look at the system to see if we could have fuel security issues in the future,” said Andy Ott, president and CEO of PJM Interconnection. “We expect our analysis will result in a concrete set of criteria to value fuel security.”

PJM will conduct a three-phase analysis over the course of several months to determine whether it can withstand a cyberattack on a natural gas delivery system or a prolonged cold snap.

The issue is part of the “resiliency” question presently before the Federal Energy Regulatory Commission (FERC). Regional grid operators filed comments in March on efforts to enhance the resilience of the bulk power system in a proceeding initiated by FERC after it rejected a Notice of Proposed Rulemaking by U.S. Department of Energy Secretary Rick Perry to subsidize coal and nuclear power plants. The comments by the nation’s federally overseen regional transmission organizations and independent system operators came in response to two dozen questions FERC asked about resilience. At the heart of many comments was a question about how FERC defines resilience.

Two of my colleagues at Duke University’s Nicholas Institute for Environmental Policy Solutions made a similar query in a thought piece published in Utility Dive. Whether resilience is “a stand-alone concept or just a component of the well-recognized concept of reliability,” they said it is a “foundational question”—one that spells the difference between new market and regulatory responses or tweaks to existing reliability 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.

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