Complete list of press releases

Statoil, an international energy company, has begun field testing an innovative technology that continuously detects methane leaks at one of its production facilities in the Eagle Ford, TX. The company will evaluate Quanta3’s technology under different conditions, with the aim of detecting leaks at production sites. It is projected that the deployment of continuous methane detection will help in accelerating ongoing initiatives to reduce the company’s methane emissions.

About 25 percent of today’s warming is driven by emissions of methane from multiple sources, including oil and gas development. Methane is the key component of natural gas and a potent greenhouse gas. In the U.S., methane is emitted across the oil and gas supply chain, from local utility lines under city streets to wellheads, at a rate of more than 9.8 million metric tons per year. Technologies that continuously detect methane emissions offer opportunities to reduce waste by recapturing natural gas that would be otherwise lost, with the additional benefit of improving air quality.

The technology that Statoil is deploying was developed through the Methane Detectors Challenge (MDC), a groundbreaking partnership between Environmental Defense Fund (EDF), oil and gas companies, U.S.-based technology developers, and other experts. This collaboration aims to catalyze and bring to market new technologies that can enable continuous 24-hour monitoring, cutting leak detection time substantially.

“Statoil aims to be recognized as the most carbon efficient oil and gas producer. The introduction of cost-effective, innovative methane detection technologies like those developed through the MDC, can support our ongoing initiatives in this area. This creates lasting value in the communities where we work and has a global effect,” said Desikan Sundararajan, PhD, senior researcher in Statoil’s shale oil and gas R&D team. “Sensors providing real-time data on ambient facility level emissions will allow us to act upon this information in a timely manner.”

Statoil is deploying low-cost laser technology that was developed by Quanta3, a Colorado startup founded specifically to participate in the Methane Detectors Challenge. By working with Statoil, Quanta3 is gaining powerful insights, learning how its self-powered design performs in real-world field conditions and using data gathered from these pilots to improve the technology.

“Further qualification of this technology will be performed by long-term deployment across various onshore facilities throughout 2017. This initiative can be a step change in how the shale oil and gas industry will monitor fugitive emissions in the future” said Andrea Machado, senior researcher in Statoil’s shale oil and gas R&D team. “It’s a win-win situation; implementing continuous methane detection can reduce loss of valuable product and ensure a cleaner environment.”

“We believe oil and gas production should be leak free,” said Dirk Richter, founder and CEO of Quanta3. “When I heard about the Methane Detectors Challenge and size of the emission problem in the oil and gas sector, I was inspired to put my research background in laser-based systems to work to develop a 24/7 monitoring technology.”

Globally, the oil and gas industry loses about $30 billion of natural gas a year from leaks at dispersed sites ($2 billion in the U.S.), much of it from unintentional leaks that can be difficult to detect without continuous monitoring. Studies show that natural gas leaks can be reduced at least 40 percent at an average cost of about one penny per thousand cubic feet of gas produced, which will not affect low electricity or gasoline prices for the consumer.

The entrepreneurs participating in the Methane Detectors Challenge are part of a growing U.S. sector focused on helping oil and gas operators control emissions. By advancing technologies to market, this innovative partnership is adding to the pool of more than 75 U.S. companies creating jobs by offering solutions to the methane problem.

“By building bridges between innovators and companies that want scalable solutions, EDF is accelerating technologies that can help the oil and gas industry reduce waste and forging solutions that improve efficiencies, build safer communities and let the planet thrive,” said Aileen Nowlan, manager of the Methane Detectors Challenge.

Learn more about the EDF-led Methane Detectors Challenge, including details on the leading technologies, at business.edf.org/methane.

(CHICAGO – January 17, 2017) The City of Chicago today released its 2016 Chicago Energy Benchmarking Report, an annual overview of Chicago buildings’ energy performance, as well as a summary of energy findings and trends. Each building receives a score based on the U.S. Environmental Protection Agency’s Energy Star system, which measures how efficiently buildings use energy. Nearly two-thirds of the city’s biggest buildings received above-average scores.

“Chicago continues to put buildings’ energy efficiency front and center, and today’s benchmarking report shows the initiative is paying off. Buildings account for more than a third of our nation’s carbon pollution, meaning lower electricity use in these properties results in a healthier city for all. With the Windy City’s stellar energy performance in buildings and the state’s landmark Future Energy Jobs Bill, Illinois is leading the country toward a cleaner, more affordable electricity system.”

• Ellen Bell, Manager, Midwest Clean Energy

 (January 16, 2017) A Wyoming judge today rejected efforts to block the Bureau of Land Management (BLM) standards to reduce the waste of natural gas on federal and tribal lands before those standards take effect.

The standards will limit the amount of valuable natural gas that oil and gas companies can leak, vent, or flare on millions of acres of federal and tribal lands – a problem that results in harmful air pollution and costs taxpayers millions of dollars. Opponents who are challenging these needed protections had asked the court for a preliminary injunction, which would have put the standards on hold during litigation. Today, Judge Scott Skavdahl in the U.S. District Court for the District of Wyoming denied that request. 

“The judge’s decision today to deny a preliminary injunction means that these common sense protections will take effect as planned, with cross-cutting benefits for rural communities,” said Lead Attorney Peter Zalzal of Environmental Defense Fund (EDF), which is a party to the case. “BLM’s standards will help prevent the waste of valuable natural gas, and that will increase money that can be used for schools and important infrastructure while simultaneously helping to protect the health of communities living in close proximity to oil and gas development.”

Leakage, venting and flaring of natural gas wastes an important domestic energy resource that could otherwise be used to the benefit of taxpayers, states and tribes. A recent study from ICF International found that in 2013 drilling on federal and tribal lands– mostly in the rural Western U.S. – leaked, vented and flared natural gas worth about $330 million. An analysis from the Western Values Project estimates taxpayers could lose almost $800 million over the next decade if wasteful venting and flaring practices continue. 

The BLM standards will help protect Americans from the damages caused by air pollution and climate change, will help protect communities across the West that are impacted by oil and gas operations. Elected officials and thousands of community members from across the West have voiced support for BLM’s efforts to reduce waste. In a recent bipartisan poll, 80 percent of respondents in the Western U.S. supported the BLM’s common sense efforts to curtail waste of this valuable resource.  

The states of California and New Mexico are supporting the standards, along with a group of 15 national, regional, tribal and local public health and environmental groups – including EDF. Other prominent Western leaders and energy experts have filed declarations in support of the standards.

The standards are being challenged by the Attorneys General of Wyoming and Montana and North Dakota, as well as oil and gas industry groups the Western Energy Alliance (WEA) and Independent Petroleum Association of America (IPAA).

You can find all the legal documents in the case here.

(Washington, D.C. – January 12, 2017) The U.S. Environmental Protection Agency (EPA) made a final determination today to uphold America’s strong and protective Clean Cars Standards.

“The Clean Cars Standards are already successfully protecting both Americans’ lungs and their wallets. They’re also driving innovations that are creating auto industry jobs,” said Fred Krupp, president of Environmental Defense Fund. “Today’s determination ensures that we can all continue to breathe – and drive – a little easier.”

The Clean Cars Standards are already increasing fuel economy in our cars, reducing unhealthy air pollution, and helping families save money at the gas pump.

EPA just finished a mid-term review of the later model year standards, including extensive feedback from the auto industry and the public. They announced their final determination today after finding that: 

• The current standards will save consumers money and provide benefits to the health and welfare of Americans.

• Automakers have outperformed the standards for the first four years of the program (from model year 2012 to 2015) and manufacturers are adopting fuel efficient technologies at unprecedented rates – all while vehicle sales have increased for 7 consecutive years to an all-time record high in 2016.

• There are more than 100 cars, SUVs, and pickups on the market today that already meet 2020 or later standards.

• Auto manufacturers can meet the model year 2022 to 2025 standards at lower costs than predicted when the standards were finalized in 2012.

The current standards apply to cars and light trucks up to model year 2025. They build on the successful first phase of standards adopted earlier for model years 2012 to 2016. The overall U.S. Clean Cars program is expected to almost double the average fuel economy of the nation’s fleet of cars and light trucks by 2025, and has won widespread support from automakers and unions alike.

For example, the United Autoworkers told EPA, “Our competitors around the globe are working to strengthen environmental standards and it would be counterproductive to enact policies that provide disincentives for investing in advanced technologies and improving efficiency. History has taught us that a diverse fleet is essential for strong export sales and keeping jobs in the United States. Efficiency and emission standards can and must continue to be a win-win for the environment, working families, domestic manufacturing and the overall economy.”

In part due to the Clean Cars Standards, the auto industry has started to bring a new generation of fuel-saving solutions to market. Many of these new technologies go beyond what is needed to meet the existing standards because there is a robust market for clean cars.

For instance, just this month Ford CEO Mark Field said, “As more and more consumers around the world become interested in electrified vehicles, Ford is committed to being a leader in providing consumers with a broad range of electrified vehicles, services and solutions that make people’s lives better. Our investments and expanding lineup reflect our view that global offerings of electrified vehicles will exceed gasoline-powered vehicles within the next 15 years.”

You can find more in our blog post, 5 Things You Should Know About America’s Clean Car Standards, or on EDF’s website. 

(Washington, D.C. – January 11, 2017) A new report unveiled today by the National Academy of Sciences, Engineering and Medicine outlines steps to build on and further strengthen the social cost of carbon – the widely used estimate of the cost of damages caused by carbon pollution.

The social cost of carbon is an estimate, in dollars, of the net damages incurred by society from a one ton increase in carbon dioxide emissions. This estimate plays a crucial role in ensuring that federal agencies are properly accounting for the harmful impacts of carbon pollution when they develop public policy.

“This report from leading experts at the National Academies affirms the need for continued scientific rigor behind the social cost of carbon, and offers ways to make this vital economic tool even stronger,” said Susanne Brooks, Program Director for EDF’s Office of Economic Policy and Analysis. “A robust social cost of carbon, based on long-standing, common-sense economic principles, is a crucial foundation for good decision-making – and thus is essential for good government. Neglecting the costs of climate change could have disastrous impacts on financial investments, on the federal budget, and on the U.S. economy overall.”

The report: 

• Acknowledges that there are serious climate-related damages that are not fully accounted for in the current social cost of carbon estimate, makes clear that future updates must better reflect these dangerous impacts, and recommends an updated framework to help achieve that goal.

• Emphasizes the importance of the discount rates underlying the social cost of carbon. Discount rates are the way in which benefits of reduced pollution to future generations are accounted for; lower discount rates are consistent with higher social cost of carbon estimates. A growing consensus among economists points to the value of lower or declining discount rates, as does a recent report from the Council of Economic Advisors.

• Strongly recommends that experts maintain their longstanding work to continuously improve the social cost of carbon, by undertaking regular and transparent updates using the best science and economics research available.

The social cost of carbon takes into account the array of economic damages caused by climate-disrupting carbon pollution, such as the costs of extreme weather events, flooding, and the spread of infectious diseases. These kinds of disasters can impose costs of hundreds of billions of dollars through destruction of property, rising health care costs, increased food prices, and more.

Public and private sector leaders have long considered the serious impacts of climate change when making major economic decisions, from large-scale capital investments to important public policies. The social cost of carbon provides a clear, consistent, and uniform framework to ensure these decisions are based on the most thorough and rigorous possible information.

Courts have also consistently recognized the need to consider the benefits of reducing climate-destabilizing pollution — from a 2008 U.S. Court of Appeals decision overturning a Bush Administration policy that failed to consider the serious impacts of climate pollution when establishing fuel efficiency standards, to a more recent U.S. Court of Appeals decision affirming the Department of Energy’s use of the social cost of carbon when establishing appliance efficiency standards.

“Consideration of the social cost of carbon is grounded in the basic legal principle that agencies must engage in reasoned decision making,” said EDF lead Attorney Peter Zalzal. “There are substantial public benefits associated with reducing climate pollution. This report provides additional tools and recommendations to help make certain that the social cost of carbon remains rigorous and vibrant over time, ensuring that the actions of policymakers and corporate leaders continue to account for these manifest benefits.”

An Interagency Working Group – with representation from all relevant executive branch institutions – developed the current social cost of carbon estimate through a rigorous and transparent process that allowed for repeated public comment and was based on the latest peer-reviewed science and economics available.  

Today’s report was developed for that working group. It is the second phase of analysis; phase one examined approaches to updating the social cost of carbon, which the Interagency Working Group incorporated in its 2016 update to the metric. 

(BOULDER, CO – January 11, 2017) A new economic study released today by Environmental Defense Fund and WestWater Research shows that Alternative Transfer Methods (ATMs) are cost competitive with traditional water acquisition methods, challenging the conventional wisdom in Colorado that it’s too expensive and risky for municipalities to lease water.

ATMs are techniques for temporarily allocating and distributing agricultural water between different users, providing more flexibility to both agriculture producers and municipalities and reducing the need to permanently transfer water rights, which can result in “buy and dry”.

To satisfy the water supply needs of Colorado’s growing population, municipalities have been buying up agricultural land for its water rights. This practice of “buy and dry” is projected to take 500,000-700,000 acres of agricultural land out of production by 2050, or roughly 20% of irrigated farmland in the state.

“We’ve known for a long time that ATMs are better for farms and ranches, better for rural communities and better for the environment,” said Brian Jackson, EDF Associate Director. “And now we can add ‘cost effective’ to the list of benefits.”

Colorado’s Water Plan, approved in 2015, promotes the use of more ATMs, setting a policy goal of 50,000 acre-feet of ATM projects in place by 2030. Progress towards this goal has lagged due to a number of technical, legal and financial challenges.

But according to the EDF/WestWater study, new policies and state initiatives have begun to ease these challenges, opening the door for ATMs to be used more broadly. “We wanted to see if these changes had the potential to make ATMs easier and less costly to implement,” said Brett Bovee, WestWater Intermountain Regional Director.

The answer is yes. And with wider adoption of ATMs and other water conservation measures, the need for “buy and dry” and water storage projects will be diminished. “This presents a new opportunity for cities to help sustain agriculture, minimize costs and incorporate environmental benefits while planning to meet water supply needs.” said Bovee.

The report identified example ATMs in Colorado and other Western states, and selected two municipalities – the Town of Windsor and the City of Fountain in Colorado – to serve as case-studies. Using a 30-year financial model and accounting for recent changes in Colorado’s water right laws, the report found that ATM approaches had similar, and in some cases, less expensive costs when compared with permanent water right acquisitions.

For example, in the Town of Windsor, researchers compared an ATM lease agreement with a permanent water right acquisition to address projected shortages over a 30-year period. The ATM lease agreement was found to save an average of $200 per acre-foot per year over the traditional approach.

“Colorado and the West will continue to grow, but we’ll need to change the way we manage water to support growth while promoting a healthy environment,” said Jackson.  “ATMs provide the flexibility we need to reallocate water to where it is needed most, without taking farms out of production or degrading our streams.

“We hope that water managers and policy makers will use this study to approach water management differently, and employ innovative ideas to meet future water needs. By doing so, cities can be part of the solution.”

Statewide, 93 percent of Louisiana voters say that protecting Louisiana’s coastal wetlands needs attention with 56 percent calling this issue a “crisis,” according to a new poll released today. Additionally, an overwhelming 95 percent of Louisiana voters say Louisiana’s coastal areas and wetlands are important to them personally, with 73 percent saying they are “very important.”

A substantial majority (62 percent) favor Louisiana’s Coastal Master Plan – the state’s blueprint for prioritizing large-scale coastal restoration and protection projects – while only 6 percent oppose it. Thirty-two percent either didn’t know or wouldn’t say. When asked about reasons why we should restore coastal Louisiana, 91 percent of voters statewide responded that it was “very important” to them personally to protect cities and communities against hurricane storm surge flooding.

“Unlike many other issues, our citizens are in broad agreement about the coast. We need to save as much as we can of the Louisiana that we know and love,” said Steve Cochran, campaign director for Restore the Mississippi River Delta, a coalition of local and national conservation organizations advocating for coastal restoration. “Elected officials and state leaders have an opportunity like never before to come together and get things done for the people, wildlife and jobs that depend on a healthy, sustainable coast.”

The poll, conducted in December 2016 by Baton Rouge-based Applied Technology Research Corporation and commissioned by Restore the Mississippi River Delta, comes out as Louisianians are reviewing the state’s recently released 2017 Draft Coastal Master Plan. The plan recommends a variety of projects to build land and reduce flood risk throughout coastal Louisiana. Over the coming weeks, the state’s Coastal Protection and Restoration Authority will host public meetings in cities across the coast to raise awareness and solicit feedback on the draft plan, which is legally required to be updated every five years to account for the best available science.

“For the first time in our state’s history, Louisiana has the science, restoration funding, and overwhelming public support to get major coastal restoration projects on the ground quickly,” Steve continued. “Louisianians are in agreement that our coast is vital and that its disappearance is a crisis of unprecedented proportions. People care about the coast, and they care about being protected from storms and flooding, which we can only do by advancing coastal restoration.”

About the poll: The poll was conducted by Applied Technology Research Corporation and commissioned by Restore the Mississippi River Delta. Interviews for this statewide poll were completed by telephone with 500 likely Louisiana voters from December 12 through December 15, 2016. The overall sample error for the statewide statistics is not greater than 4.4 percentage points at the 95 percent level of confidence.

(NEW YORK, NY – January 10, 2016) Governor Andrew Cuomo yesterday took New York State a step further to a clean energy future during his State of the State address. He pledged to continue investing a record amount in the Environmental Protection Fund and reiterated the State’s commitment to a Clean Energy Standard, which seeks to derive 50 percent of its electricity from renewable sources by 2030. His plan includes closing the Indian Point nuclear power plant by April 2021, 14 years ahead of schedule, and increasing limits on emissions under the Regional Greenhouse Gas Initiative (RGGI) by an additional 30 percent below 2020 levels by 2030.

 

 

“Governor Cuomo continues to bolster New York’s goals under ‘Reforming the Energy Vision,’ an unprecedented initiative to create a resilient clean energy system, which will require a mix of clean energy sources, and it is encouraging to see offshore wind will be one of them. The plan to close Indian Point will ensure that the electric system remains stable without increasing pollution and will secure the health and welfare of millions living and working in the Tri-State area. The Governor’s commitment under the Regional Greenhouse Gas Initiative will further reduce emissions, help New York achieve its goals of reducing pollution by 80 percent by 2050, and encourage states to follow suit.” 

 

 

         ●  Rory Christian, Director, New York Clean Energy, Environmental Defense Fund

(Washington D.C. – January 4, 2017) The U.S. Court of Appeals for the D.C. Circuit announced this afternoon that briefing will continue as scheduled in litigation around America’s first-ever carbon pollution standards for new, modified, and reconstructed power plants.

The court order denied a request from petitioners in the case to extend the time for the briefing schedule in the case. 

“These safeguards protect our communities from climate pollution. They are thoroughly anchored in law and science. We’re pleased that the court did not agree to a delay in briefing,” said Martha Roberts, Attorney for Environmental Defense Fund (EDF), which is a party to the case.

The case challenges the first-ever nationwide limits on carbon pollution from new, modified, and reconstructed fossil fuel-fired power plants. A broad coalition is supporting the standards in court, including 18 states, the District of Columbia and the City of New York, seven power companies, and eight public health and environmental organizations (including EDF). 

Other supporters of the common sense standards have filed amicus, or “friend of the court,” briefs. They include a coalition of scientists in the field of carbon capture and storage, whose brief was accepted by the court today in the same order.

The case is North Dakota v. EPA. Oral argument before a three judge panel of the D.C. Circuit is scheduled for April 17, 2017.  

EDF is also a party to litigation over the Clean Power Plan, which sets the first national standards for existing fossil fuel-fired power plants. You can find all legal briefs in both cases on EDF’s website.

North Carolina Governor Roy Cooper today named Michael Regan secretary of the N.C. Department of Environmental Quality. Regan was previously associate vice president for clean energy at Environmental Defense Fund.

 “Michael Regan will deliver pragmatic, science-based guidance to Governor Cooper as his administration works to protect our environment and boost our economy. His expertise and highly collaborative leadership style has earned him the respect of communities, businesses, and government agencies. He will be a strong advocate for the clean air, clean water, and clean energy our state must have for a prosperous future.”

 ·        Jane Preyer, senior director, Raleigh, NC

This morning, Louisiana’s Coastal Protection and Restoration Authority (CPRA) released its draft 2017 Coastal Master Plan that, if approved, will serve as the blueprint for the state’s coastal restoration and protection activities over the next 50 years. CPRA is legally required to update its master plan every five years to account for the best available science. This update builds on prior Coastal Master Plans released in 2012 and 2007.

In the draft plan, CPRA provides a prioritized list of $50 billion in coastal restoration and risk-reduction activities to address the state’s increasingly severe land loss and sea level rise. The master plan seeks to reduce risks from storm surge flooding and rebuild and sustain critical wildlife and fisheries habitats to ensure a stronger future for Louisiana’s coast.

In response to the release, Restore the Mississippi River Delta – a coalition of local and national organizations that have worked on coastal restoration in Louisiana for decades, including the Coalition to Restore Coastal Louisiana, Lake Pontchartrain Basin Foundation, Environmental Defense Fund, the National Wildlife Federation and National Audubon Society – released the following statement:

“There is no more significant charge facing our state than the urgent need to respond effectively to the loss of our coast. We must act to secure a strong, safe and productive future for the people, wildlife and industries of coastal Louisiana. As seas continue to rise and land continues to sink, we need to put our existing resources to work wisely, and quickly, to maintain as much of the Louisiana we all know and love.

“This master plan process advances a strategy grounded in the best available science that balances coastal restoration and protection activities – and is realistic about the coastal challenges we face. But with these challenges come opportunities, and we look forward to reviewing this draft master plan in the belief that it must present a strong vision for securing a more safe and prosperous future for coastal Louisiana.

“Louisiana has a powerful resource at its disposal – the Mississippi River – and we are encouraged to see sediment diversions remain a cornerstone of the master plan. Sediment diversions are crucial to both building and maintaining land, as well as protecting investments made in levees and other protection projects. The state should do everything in its power to get sediment diversions constructed quickly, so we can harness the power of the Mississippi River to sustainably build land. More importantly, as coastal conditions decline, the state must begin to expand ways to leverage the sediment and land-building power of the river on an even greater scale in future versions of the Master Plan.

“Since the devastation of Hurricanes Katrina and Rita, our state has made significant progress in rebuilding barrier islands, creating hundreds of acres of marsh and strengthening levees. We need to do more – and quickly – to protect these investments, the billions of dollars in infrastructure and millions of people who live and work along our coast.

“Our organizations look forward to engaging with CPRA, the state legislature and people across the state in the months ahead to ensure the best plan is adopted for Louisiana’s people, wildlife and jobs.”  

(COLUMBUS – December 27, 2016) Ohio Governor John Kasich today vetoed House Bill 554, a bill that would have effectively extended the freeze on the state’s clean energy standards. Ohio’s renewable energy and energy efficiency standards have been frozen for the past two years, costing the state its place as a national leader in the clean energy economy by hampering innovation, investment, and jobs. Before the freeze, these standards saved families money and brought huge investments into the state, supporting more than 25,000 jobs, saving Ohioans over $1 billion on their electricity bills, and slashing the Buckeye State’s air pollution. 

“Today Governor Kasich put economic growth over politics, and stood up for a cleaner, healthier energy future for Ohio. With the state’s renewable and efficiency standards back in place, Ohio can reclaim its spot as a clean energy leader, clearing the way for well-paying jobs, millions in investment, and healthier air for all. Ohioans should cheer – it may be winter, but the clean energy freeze has finally thawed.”

• Dick Munson, Director, Midwest Clean Energy

(WASHINGTON, D.C. – December 23, 2016) The U.S. Bureau of Land Management (BLM) today announced an update of its mitigation policy, setting stronger and more consistent standards for offsetting impacts on America’s public lands.

The following is a statement by Eric Holst, associate vice president of working lands at Environmental Defense Fund:

“Effective mitigation is a cornerstone of effective conservation. Nowhere is this more pertinent than in the sagebrush country, where the Interior Department and Bureau of Land Management have closely linked the success of an iconic rangeland bird – the greater sage-grouse – to mitigation programs. Done well, mitigation programs result in a net increase in quality habitat for species facing the threat of extinction. Fortunately, the states and BLM have been working together to include effective mitigation in their sage-grouse planning.

“The mitigation handbook released today is a huge step towards ensuring success for the greater sage-grouse, and for all wildlife and wild places on America’s public lands. The revised policy creates stronger and more consistent standards for offsetting impacts on public lands, supporting advanced, landscape-scale and innovative market-based approaches that maximize mitigation dollars and enhance wildlife habitat. It is an essential blueprint to avoid further declines for species like the sage-grouse, and to head off the regulatory restrictions that further wildlife and habitat losses would trigger.

“We are making significant progress in the way we manage our nation’s natural resources and this revised policy creates a path for change that will benefit our economy and natural environment.”

— Eric Holst, associate vice president, Environmental Defense Fund

(Washington, D.C. – December 21, 2016) A broad group of states, power companies, public health and environmental advocates is asking the U.S. Court of Appeals for the D.C. Circuit to uphold America’s first-ever carbon pollution standards for new, modified, and reconstructed power plants.

 

Eight public health and environmental organizations – including EDF – are intervening in a challenge to the U.S. Environmental Protection Agency (EPA) standards. The groups filed a brief today in the case, North Dakota v. EPA, with a forceful defense of the historic standards:

“[EPA] considered overwhelming evidence that CO2 pollution from fossil fuel-fired power plants harms human health and welfare, properly determined that emission standards were warranted under Clean Air Act Section 111, and established achievable standards for these sources … In challenging these reasonable standards, Petitioners deny irrefutable climate science and repudiate proven control technologies. They seek to avoid regulation so they can dump CO2 pollution unabated, heedless of the climate crisis that is already causing severe damage throughout the U.S. and the world.” (Brief, page 11-12)

A second brief in support of the standards was filed by 18 states, the District of Columbia and the City of New York, and a third brief was filed by seven power companies.

The states outlined the serious threat of climate change, and vital need for these standards to address it, in their brief:

“Our states are already experiencing harms from climate change, such as flooding from rising seas, increasingly severe storms, and prolonged droughts. Unless greenhouse gas emissions are significantly reduced, climate change threatens to worsen these harms. Many State Respondent-Intervenors have already acted to reduce CO2 emissions from existing and future power plants within their borders … Absent the meaningful federal regulation required by the Act, however, State Respondent-Intervenors’ efforts to protect their citizens from the dangers of climate change may be frustrated by unnecessarily high emissions from new power plants built in other states.” (Brief, pages 7 and 8)

The case challenges the first-ever nationwide limits on carbon pollution from new, modified, and reconstructed fossil fuel-fired power plants. Following the Clean Air Act, EPA set the standards at levels that reflect the best demonstrated pollution controls; for new coal-fired power plants, this includes partial capture and storage of carbon pollution.

In addition to the intervenors, other supporters of the common sense standards filed amicus, or “friend of the court,” briefs today – including a coalition of scientists in the field of carbon capture and storage, experts who study how government policy can drive innovation and cost savings, Saskatchewan Power Corporation – operator of Boundary Dam coal-fired power plant, a major carbon capture facility – and the Institute for Policy Integrity at NYU School of Law.

The brief by the experts who study how government policy can drive innovation and cost savings says:

“These standards promote cost-effective pollution control by stimulating demand for pollution control technology and creating incentives to innovate.” (Brief, page 13)

The brief by the coalition of scientists in the field of carbon capture and storage says:

“[T]his standard is based on the deployment of well-established CCS technologies that have been successfully deployed in industrial applications for decades, are commercially available, and have been proven to be technically viable for power plants on the scale required for compliance with the rule.” (Brief, page 13)

Already, states across the country, such as Illinois and Montana, apply standards or incentives to address carbon pollution from power plants.  

In a report released earlier this month, Governors Matt Mead of Wyoming and Steve Bullock of Montana highlighted the potential for carbon capture and storage to contribute to a “long-term low-carbon” future. (Putting the Puzzle Together, page i)

In 2011, American Electric Power Chairman Mike Morris talked to investors about his company’s experience implementing a carbon capture and storage pilot project and said, “We feel that we have demonstrated to a certainty that the carbon capture and storage is in fact viable technology for the United States and quite honestly for the rest of the world.”

Oral argument before a three judge panel of the D.C. Circuit is scheduled for April 17, 2017.

 EDF is also a party to litigation over the Clean Power Plan, which sets the first national standards for existing fossil fuel-fired power plants. You can find all legal briefs in both cases on EDF’s website.   

“We applaud the President’s decision to provide lasting protection for critical ocean ecosystems in the Atlantic and Arctic Oceans. EDF has long believed there are places that should not be opened to new fossil fuel development, including U.S. national parks and wilderness areas, the waters off the U.S. Atlantic coast, and the Arctic Ocean. Similarly, Canada’s announcement that it will freeze oil and gas leasing in its Arctic waters for at least the next five years is a very positive step.

“The Atlantic waters now being closed to drilling are home to globally important marine life and biodiversity, and they generate billions of dollars from tourism, recreation, fisheries, and other economic activity. It makes no sense to put these environmentally sensitive and economically valuable resources at risk. The Arctic Ocean is also home to some of the most fragile ecosystems on the planet. There would be no plausible cleanup in Arctic waters if environmental disaster were to strike. And there is no serious climate scenario under which Arctic resources are viable for development by any country. 

“These special places should remain off limits to offshore fossil fuel development, and we’re grateful to President Obama for taking this bold step.”

            - Fred Krupp, president, Environmental Defense Fund