Complete list of press releases

(Washington, D.C. – July 29, 2014) Environmental Defense Fund (EDF) president Fred Krupp joined hundreds of Americans today to testify in favor of an historic new plan to fight climate change and protect public health.

Krupp testified at the U.S. Environmental Protection Agency’s (EPA) public hearing in Washington, D.C. for its Clean Power Plan, which will put the first-ever national limits on the amount of climate pollution that can be emitted by power plants. 

Krupp called the new plan “moderate, flexible, and necessary.”

“I am particularly enthusiastic that the rule you are considering sets national standards, but leaves states the freedom to design the approach that best fits their circumstances,” Krupp testified. “It encourages investors, inventors, and entrepreneurs to find new ways to cut pollution. And it gives industry flexibility to find the most efficient path to a clean future.”

You can read Krupp’s entire testimony here.

EPA is hosting two-day hearings in four cities around the country this week. EDF will also have experts testify at the hearings in Atlanta and Denver.

Contact:
Shira Silver, ssilver@edf.org, 202-572-3254
Alex Boekelheide, alex.boekelheide@luskin.ucla.edu, 310-206-0159

Los Angeles County is currently leaving around 98 percent of its solar capacity untapped. Achieving just 10 percent of its rooftop solar potential could create 47,000 jobs and slash nearly 2.5 million tons of carbon dioxide emissions annually — the equivalent of taking about half a million cars off the road — according to maps released today from the UCLA Luskin Center for Innovation and Environmental Defense Fund (EDF) and highlighted in a White House announcement.   

“Through his Climate Data Initiative, President Obama is calling for all hands on deck to unleash data and technology in ways that will make businesses and communities more resilient to climate change,” said John P. Holdren, President Obama’s Science Advisor. “The commitments being announced today answer that call.”

The Los Angeles Solar and Efficiency Report (LASER) is a data-driven mapping tool designed to help communities identify opportunities to invest in projects that will save households money, create clean energy jobs, and strengthen climate resiliency in vulnerable communities. Maps show the region’s clean energy potential — in the form of rooftop solar energy generation and energy efficiency upgrades — which can reduce greenhouse gases while creating jobs and cutting electricity bills.

LASER also illustrates climate change-related heat impacts that are expected in the Los Angeles region, with a focus on the 38 percent of L.A. County residents (3.7 million people) living in environmentally-vulnerable communities burdened by air pollution and other risk factors, as identified by the California Communities Environmental Health Screening Tool (CalEnviroScreen). Based on analysis of CalEnviroScreen data, the report highlights that fully 50 percent of the state’s most vulnerable population lives in L.A. County. The State of California is expected to use the CalEnviroScreen to identify disadvantaged communities for the purpose of prioritizing funding from the state’s Greenhouse Gas Reduction Fund.  

“The project is timely because with new state funding sources becoming available, LASER can help inform how the region invests resources to address pressing environmental challenges while providing job opportunities in its most impacted communities,” said Colleen Callahan, lead author of the study and deputy director of the UCLA Luskin Center for Innovation.

“Data mapping tools like LASER provide powerful visualizations of the harmful effects that climate change can have on our most vulnerable populations, while highlighting the potential for significant economic growth and substantially healthier communities,” said Jorge Madrid, EDF’s senior partnerships coordinator.

The maps are a response to President Obama’s Climate Data Initiative, a call to action to leverage public data in order to stimulate innovation and collaboration in support of national climate change preparedness. Alarming scientific findings from the National Climate Assessment show that climate change is already impacting all parts of the U.S., and arid regions like L.A. County can expect more intense heat waves in the coming decades — making resilience critical. 

“Los Angeles is at the forefront of fighting climate pollution, deploying clean energy and preparing for the already tangible effects of climate change,” said Los Angeles Mayor Eric Garcetti, who serves on President Obama’s Task Force on Climate Preparedness and Resilience. “Through projects like the Los Angeles Solar and Efficiency Report, the city can help deploy more open data to inform community resiliency measures.”

The LASER project provides detailed, newly updated data at the County and municipality level designed to help policymakers and the public prepare for a warmer future. Maps demonstrate estimated temperature increases, current environmental health risks, and climate change vulnerability in various parts of the region. Parcel-level analysis gives planners and property owners detailed information about which buildings and other spaces across L.A. County are ripe for solar panel installation and energy efficiency measures. Taken as a whole, the project paints a comprehensive picture of clean energy opportunities in Southern California, and demonstrates the potential economic benefits of sustained investment in these strategies.

The research is part of UCLA’s Grand Challenge Project “Thriving in a Hotter Los Angeles,” which sets a goal for the Los Angeles region to use exclusively renewable energy and local water by 2050 while protecting biodiversity and enhancing quality of life.

(MÉXICO, D.F. / WASHINGTON – 28 de Julio de 2014) El día de hoy, California y México firmaron un acuerdo de cooperación en materia ambiental y de cambio climático, en el marco de un panel de discusión sobre cambio climático, organizado por Environmental Defense Fund (EDF) y la Secretaría de Medio Ambiente y Recursos Naturales de México. Dicho acuerdo enmarca acciones de cooperación en materia de cambio climático, las cuales van desde explorar mecanismos de mercado para reducir la contaminación generada por carbón, hasta reducir la deforestación y promover el uso de vehículos de energía limpia. Tras finalizar su participación en dicho panel de discusión, el Gobernador de California, Jerry Brown, y el Subsecretario de Planeación y Política Ambiental, Rodolfo Lacy Tamayo, firmaron un Memorándum de entendimiento entre el estado de California, Estados Unidos, y el Gobierno de México.

“La estrecha colaboración entre México y California es exactamente el tipo de liderazgo que el mundo necesita en materia de cambio climático”, señaló Nathaniel Keohane, Vicepresidente de EDF para Cambio Climático Internacional, quien también participó junto con el Gobernador de California y el Subsecretario de Planeación y Política Ambiental en el panel de discusión sobre cooperación y cambio climático. Nathaniel Keohane también manifestó que la colaboración entre California y México puede dar un impulso crucial al momento que se vive a nivel global en torno a crear y aplicar políticas ambientales que puedan conseguir ambiciosas reducciones de contaminación, tales como impuestos al carbono, innovación en energía limpia y la promoción de una prosperidad basada en una economía con reducido uso de carbón como fuente de energía. Asimismo, el experto de EDF aseveró que con este acuerdo, México y California demuestran que existen soluciones prácticas y progresos concretos en el combate al cambio climático.

El estado de California ha sido reconocido como uno de los líderes en combatir el cambio climático. La Ley de Soluciones al Calentamiento Global de California de 2006 (AB 32) establece límites estatales de emisiones de gases de efecto invernadero e incluye políticas destinadas a reducir el calentamiento global, entre las que destacan políticas de eficiencia energética, estándares de energía renovable y bajos niveles de combustibles de carbón, así como la creación de un mercado de intercambio de emisiones (cap and trade). Dicho mercado de intercambio de emisiones entró en vigor en enero de 2013 para grandes emisores de contaminación del estado y a partir de 2015 el sistema también incluirá al sector transporte.

“Uno de los mensajes principales de este acuerdo es que el programa AB 32 de California, junto con la política de intercambio de emisiones, es exitosa y, por lo tanto, atractiva para otros países y actores estratégicos a nivel mundial”, dijo Lauren Faber, Directora de Política para la Costa Oeste de EDF y delegada de la misión de inversión y negocios del Gobernador Brown. California y México “están unidos por varios lazos culturales y económicos, por lo tanto hace sentido que unan su visión sobre este tipo de desafíos ambientales”, ahondó.

Asimismo, Lauren Faber señaló que California y México juegan un papel muy importante en materia de cambio climático y confió en que con esta colaboración podrán encontrar grandes oportunidades para tener un futuro con pocas emisiones de carbono y que vaya de la mano con un desarrollo económico próspero en ambos lados de la frontera. Asimismo, reconoció que la colaboración entre ambos pone a Norte América a la vanguardia en materia de promover una economía baja en carbono.

Entre las acciones prioritarias para responder a los desafíos del cambio climático, sin perjudicar el crecimiento económico, el Memorándum de entendimiento establece lo siguiente:

El memorándum también fue firmado por Jorge Rescala Pérez, Director General de la Comisión Nacional Forestal de México (CONAFOR), haciendo énfasis en la acciones de cooperación en materia de incendios forestales, calidad del aire y uso de automóviles con energía limpia.

México, en su Ley General de Cambio Climático, emitida en 2012, ha fijado el objetivo de aumentar el uso de energías renovables, así como reducir de manera ambiciosa sus emisiones de carbono a nivel nacional. Para ello, dicha Ley contempla el establecimiento de una Comisión Intersecretarial que autorice la creación de un mercado de carbón a nivel nacional. En este sentido, la Reforma Energética aprobada en días recientes por el Congreso de México, ayudará a la promoción de un sector energético más limpio y abre la puerta a un crecimiento verde en el corto y largo plazo.

La firma del memorándum se llevó a cabo en forma parte de las actividades que el Gobernador Brown ha realizado en México, con motivo de una misión de inversión y negocios.

Para consultar el comunicado en inglés dé click aquí: http://www.edf.org/media/historic-california-mexico-agreement-boosts-international-climate-collaboration

Contact:
Jennifer Andreassen, jandreassen@edf.org, +1-202-572-3387

(MEXICO CITY/ Washington – July 28, 2014) California and Mexico formally agreed to cooperate on a range of climate change and environment issues from pricing carbon pollution to reducing deforestation and promoting clean vehicles during an event co-sponsored by Environmental Defense Fund (EDF) and Mexico’s Ministry of Environment and Natural Resources (SEMARNAT). California Governor Jerry Brown and SEMARNAT Undersecretary of Planning and Environmental Policy Rodolfo Lacy Tamayo signed the Memorandum of Understanding (MOU) at the Ministry of Foreign Affairs on the first full day of Governor Brown’s trade and investment mission to Mexico.

“The deepening collaboration between Mexico and California is exactly the sort of leadership the world needs on climate change,” said Nathaniel Keohane, EDF’s Vice President for International Climate, who spoke alongside senior government officials from California and Mexico in the panel discussion preceding the MOU signing.

“California and Mexico can give a crucial boost to the growing global momentum on key policies like carbon pricing that can achieve ambitious reductions in climate pollution, drive clean energy innovation, and promote low-carbon prosperity,” Keohane said. “In doing so they can demonstrate concrete progress on practical solutions to address the common challenge of climate change.”

California has long been viewed as a leader in addressing climate change. Its Global Warming Solutions Act of 2006 (AB 32) provides the blueprint for climate action in California and sets an absolute statewide limit on greenhouse gas emissions. AB 32 includes a suite of policies including energy efficiency and renewable energy standards, the Low Carbon Fuel Standard, and cap and trade. Cap and trade went into effect in January 2013 for large polluters in the state, and will include transportation fuels starting in January 2015.

“One of the key takeaways from this agreement is that California’s AB 32 program, and signature cap-and-trade policy, is successful and yet again attracting important partners from around the world,” said Lauren Faber, EDF’s West Coast Political Director and a delegate to the Governor’s trade and investment mission. “California and Mexico are already culturally and economically linked in many important ways, so it makes sense to link our respective environmental visions as well.”

“California and Mexico have a lot at stake with climate change, and the collaboration underscores the enormous opportunities for a low-carbon future that goes hand-in-hand with economic prosperity on both sides of the border,” Faber said. “They should be applauded for working together to put North America on the leading edge of the low-carbon economy.”

This agreement, also signed by Jorge Rescala Pérez, General Director of Mexico’s National Forestry Commission (CONAFOR), states California and Mexico will cooperate and coordinate efforts on climate change, wildfires, air quality and clean vehicles. The Memorandum of Understanding identifies the following as priority action areas that will allow California and Mexico to respond to climate change while supporting sustained economic growth:

1. Reporting and reducing greenhouse gas emissions through approaches that include: working together to strengthen greenhouse gas reporting programs, sharing the design of programs that have lowered emissions and promoted low-carbon development, and exploring mutually beneficial ways to align emissions reductions programs and strategies
2. Developing carbon pricing systems and market-based instruments that address climate change
3. Promoting emissions reductions from deforestation and forest degradation
4. Promoting renewable energy
5. Controlling carbon, methane and short-term climate pollutants
6. Cooperating to advance multilateral and subnational action on climate change, including between Mexican states and California

Mexico’s 2012 General Law on Climate Change (LGCC) aims to increase renewable energy use, sets ambitious goals to curb domestic emissions, and establishes a high-level climate commission that is authorized to create a domestic carbon market. Mexico’s latest energy reforms also breathe new life into prospects for making the energy sector cleaner and opening the door to green growth in the long run and lay the groundwork for the country’s transition to a green growth future.

(New York, NY – July 18, 2014) Environmental Defense Fund (EDF) today filed comments (Track 1 and Track 2) in the groundbreaking “Reforming the Energy Vision” (REV) proceeding by the Public Service Commission to lead the way to a new regulatory paradigm and electric utility business model in New York State. EDF’s comments focus on both traditional objectives of resource adequacy and reliability of electrical service as well as clean energy solutions, customer engagement, and openness to innovation.

“New York gave birth to the electric power industry 130 years ago and is now boldly innovating its way toward the clean energy economy we need in the 21st century,” said Rory Christian, EDF Director, New York Clean Energy. “As advances in telecommunications and information systems create new opportunities for energy services we could not imagine just a few years ago, the outmoded utility business model that rewards monopoly utilities for selling an increasing amount of electricity from a centralized, fossil-fueled power plant to customers is out of sync with what we need now.”

EDF believes the Commission can achieve its objective of developing a new regulatory model for electric utilities that incorporates new technologies while addressing climate change in part by: 1) transitioning from traditional rate of return regulation to performance-based regulation; 2) fully valuing all costs and benefits associated with distributed energy resources; 3) removing barriers to non-utility entities participating in energy service markets; and 4) requiring the utility to optimize the load it serves.

EDF commends the Commission for considering these important issues and for the opportunity to provide comments.  

(NEW YORK, July 16, 2014) Environmental Defense Fund today unveiled interactive online maps showing natural gas leaks beneath the streets of Boston, Indianapolis and New York City’s Staten Island. Leaks like these rarely pose an immediate safety threat, but the leaking natural gas – which is mostly methane – has a powerful effect on the global climate, carrying 84 times the short-term warming effect of carbon dioxide.

Maps for each city are available at http://edf.org/methanemaps. They constitute the first phase of a pilot project developed using specially equipped Google Street View mapping cars, under a partnership between EDF and Google Earth Outreach to explore and unlock the potential of new sensing and analytical technologies to measure environmental indicators in ways that have been difficult or impossible until now, and to make that information more accessible to everybody.

EDF also worked closely with several leading utilities to validate the findings, which offer a valuable new way for both system operators and regulators to focus and accelerate upgrades. Visitors to the website can nominate their communities as future candidates for the mapping project.

“New technology has given us vastly greater ability to make environmental data available for everyone to see, and to use that information to solve environmental problems by making better decisions,” said EDF’s Chief Scientist Steven Hamburg. “Methane leaks are a pervasive challenge throughout the natural gas industry. This is an ideal chance to put new science to work and to solve a major real-world challenge.”

The maps were created using three Google Street View cars specially equipped with sophisticated methane sensing technology. EDF and researchers at Colorado State University spent two years experimenting with the system and developing analytical tools to not only locate, but also accurately assess the amount of gas escaping from even small leaks detected amid 15 million individual readings collected over thousands of miles of roadway.

“Environmental quality is an issue that affects everyone. Making this information more accessible can make a meaningful difference in people’s quality of life,” said Karin Tuxen-Bettman, Program Manager for Google Earth Outreach. “This pilot project is meant to explore and understand the potential for EDF and others to map and visualize important environmental information in ways that help people understand both problems and solutions.”

Natural gas utilities routinely monitor their systems for safety, as required by state and federal regulations. But current methods involve specialized personnel and equipment, and until now it was difficult to determine how much gas is escaping from a given a leak. While major leaks are typically fixed quickly, vast numbers of others wait months or years for repair. By showing just how much gas is escaping, the technology developed by EDF and Google Earth Outreach illustrates the true scale of the problem.

“We are taking action, accelerating natural gas pipeline replacement to reduce leaks while enhancing safety and reliability, and this kind of technology and data offers valuable insights,” said Susan Fleck, vice president, Pipeline Safety for National Grid. “We’ve taken a leadership role on a national level and support initiatives underway to reduce methane emissions. There is a significant investment that comes with these improvements and that can have an impact on our customers. We are committed to reducing our greenhouse gas emissions by working with our regulators and elected leaders to develop appropriate funding mechanisms and policies to achieve these goals.”

Leaks occur throughout the natural gas supply chain. Until recently, little was known about exactly how much was being lost or where. So in 2012, EDF embarked on the largest research project in its 47-year history: Sixteen independent studies to better understand how much methane is escaping as it makes its way to the end user. In addition to the work with Google Earth Outreach, these efforts include studies of well sites, processing facilities, and long distance pipelines, as well as commercial trucks and refueling stations.

“Until now, these smaller leaks have not been a priority in most places. Yet we can see from these maps just how much they can add up,” said Mark Brownstein, EDF Associate Vice President & Chief Counsel for Natural Gas. “By pulling vast amounts of information together in a place that offers simple, clickable visualization, the platform is going to be an important advocacy tool, one that helps shift resources to an area of historic underinvestment.”

EDF and Google Earth Outreach will be mapping methane leaks in more cities as part of the current project, and they  are exploring the potential of mapping other air pollutants in the future. The EDF algorithms will be published in a peer-reviewed scientific paper later this year, and made available on an open-source basis.

Readers should note that the current maps were generated based on months of testing and analysis, with each leak verified with at least two sampling runs on dates noted on the maps. While they constitute a thorough and accurate picture of conditions at the time of measurement, the information in the maps has not been updated to reflect real-time status. Some of the leaks on the maps could have been repaired, while others may have developed. Anyone who smells gas, or is otherwise concerned about a leak in their neighborhood should contact their local utility immediately. 

Correction: The number used in this press release to describe the heat-trapping strength of methane compared with carbon dioxide, while accurate, has been updated with one that is more widely used among experts.

(Beijing/ Washington – July 10, 2014)  An agreement signed today by Environmental Defense Fund and the Shenzhen Low Carbon Development Foundation (SCDF) will seek to reduce air pollution from transportation in the city of Shenzhen, where “mobile sources” account for nearly 30% of the city’s total emissions. Signed in the presence of U.S. Secretary of State John Kerry and Chinese State Councilor Yang Jiechi in the Great Hall of the People on the final day of the U.S.-China Strategic and Economic Dialogue talks in Beijing, the agreement will also expand the scope of emissions trading systems, and foster business collaborations between the U.S. and China.

“This partnership will tackle one of the world’s most vexing greenhouse gas emissions challenges — controlling pollution from transportation, an especially fast growing source in China,” said Dan Dudek, EDF’s Vice President and Head of the China Program. “China is the world’s largest auto market, so solving the global climate challenge not only requires China manage its greenhouse gas emissions, it requires China address pollution from mobile sources. China’s experiences could provide valuable lessons for the U.S. in reducing emissions from its transport sector.”

The five-year project marks one of the first research efforts on how to include pollution from transportation sources in an emissions trading system. This question is of particular importance to Shenzhen, whose carbon emissions from the transport sector have been increasing at a rate of 15% annually over the past decade. EDF and SCDF will reduce air pollution from transportation through carbon emissions trading while testing the feasibility of expanding emissions trading systems to mobile sources.

“Nothing matters more in solving the climate change problem than the U.S. and China working together to find solutions,” Dudek said.

EDF, a non-profit organization headquartered in New York, with offices around the world including Beijing and Shanghai, will provide technical support and conduct field studies and investigations. SCDF, the first non-public funded non-profit foundation dedicated to promoting low-carbon development in China, will organize research task forces, design verification guidelines, and provide reports and policy recommendations to the Chinese government.

The EDF-SCDF EcoPartnership, which was selected from a competitive application process and was one of six such partnerships signed today, is an outgrowth of EDF and SCDF’s work with Shenzhen’s carbon trading pilot program. It will begin by researching public transport, and over the course of its four implementation phases, expand to include private vehicles, freight, railway and marine transport.

Launched in 2008 and headed by the U.S. Department of State, and in China by the National Development and Reform Commission, the EcoPartnership program promotes cooperation between local governments and organizations in the U.S. and China in climate and energy issues including economic growth, environmental sustainability, and energy security. 

(LONDON – July 10, 2014) A new report released today shows that restoring fisheries around the world can produce substantial financial returns while delivering enormous benefits to the oceans, fisheries and the billions of people who depend on them for food and livelihood.

Environmental Defense Fund (EDF) developed the report, Towards Investment in Sustainable Fisheries: A Framework for Financing the Transition, with The Prince of Wales’ International Sustainability Unit (ISU) and in collaboration with 50in10 , a cross-sector network of organizations working to ensure that 50 percent of the world’s fish are caught under sustainable management in 10 years. The report combines knowledge from top finance and oceans experts, outlining a new paradigm for investment in fishing communities in which investors provide capital to fishermen and other fishing-dependent businesses to transition to sustainability and are repaid thanks to the increasing value and productivity of a well-managed fishery.

At a gathering of world oceans leaders and investors in London today hosted by the Prince of Wales, representatives from EDF, ISU and 50in10 presented the report and participated in discussions on ways to finance a transition to a sustainable blue economy.

“Oceans are the single most important resource in human history,” said EDF President Fred Krupp, who attended the gathering. “We have an opportunity to restore our oceans to abundance by putting new tools in place to spur public and private investment in fishing communities and sustainable fisheries. We must bring these tools to scale around the globe so that we can transform our oceans into a sustainable, enduring resource – one that provides more fish in the sea, more food on the plate, and more economic prosperity.”

Overfishing is one of the most urgent problems threatening the ocean today and is the single leading cause of depleted fisheries worldwide. It impacts 3 billion people around the globe who depend on seafood as an important source of protein and millions who depend on healthy fisheries for their livelihood.

“Ineffective fisheries management has led to declining fish populations and declining value for fishermen and communities, but there is potential for change,” said Kate Bonzon, Senior Director, Solutions, EDF Oceans program and lead author of the report. “The World Bank estimates that $50B dollars’ worth of additional value could be derived from the world’s fisheries each year, if they were sustainably managed.”

The new framework identifies the need for government, philanthropic and private investors to work together to give fishermen, communities and small businesses the support needed to transition to better management. It provides tools for aligning and leveraging public, private and philanthropic investments. Major features include:

·         Strategies that help ensure fisheries are well managed and structured to be profitable — similar to the basics of good management investors look for in a company.

·         Recommendations for how to build the financial case and transform fisheries into investable propositions.

·         Approaches to structuring investments that combine private, public and philanthropic dollars for maximum impact.

All of these strategies are designed to provide fishermen and other fishing-dependent businesses with more stable, profitable and sustainable businesses. The framework does not encourage investors to ‘buy up fisheries,’ but rather encourages them to invest in those who harvest the fish and other associated businesses as they transition to new management. Better fisheries management improves their economic prospects, providing important returns for fishermen and other businesses, while also allowing a return for investors.

There are fisheries around the world proving that this approach can work. In Mexico, under new more sustainable management, some fishermen are earning 30 percent more per pound for their catch. In the United States, whether on the West Coast or in the Gulf of Mexico, smart management is rebuilding once depleted fisheries, and in the Gulf it has increased the value of the red snapper fishery 150 percent. Fishermen in Belize are now participating in the enforcement of their fisheries laws and have reduced fishing violations by 60 percent.

“We know how to manage fisheries for the conservation of fish and the livelihoods of fishermen. What we need to do better, is work with government officials and fishing communities to transition fisheries from a sink of public resource with diminishing returns to a sustainable and growing economic sector that benefits their society,” said Miguel Angel Jorge, Managing Director of 50in10.

“We hope this report can begin to galvanize and channel public, private and philanthropic investment at the scale and pace needed to rebuild the world’s fisheries and avoid widespread collapse,” said Krupp. “EDF calls on governments to establish policies that support sustainable, profitable fisheries and on private investors to invest in sustainably managed fisheries.”

(Washington, D.C. — July 9, 2014) Environmental Defense Fund (EDF), the Natural Resources Defense Council (NRDC), and the Citizen’s Utility Board (CUB) have jointly asked the U.S. Court of Appeals for the D.C Circuit for permission to file an amicus brief in support of the Federal Energy Regulatory Commission (FERC) in a case that could protect a critical measure for the U.S. power grid.

FERC has asked the full court to reconsider a decision by a panel of its judges that overturned FERC Order 745 (see Electric Power Supply Association v. FERC, No. 11-1486). Yesterday, EDF, NRDC, and CUB joined together in asking for permission to file an amicus brief in support of FERC.

“Our nation’s strong interest in clean, reliable, and customer-friendly power took a big step backwards with the unfortunate court decision. EDF supports FERC’s petition for rehearing, and seeks invitation to file as an amicus in the case for this same reason. Demand response, an invaluable component of a modernized energy system, is cleaner and more cost-effective than building new power generation. As the U.S. advances into the clean energy economy, demand response should play an increasingly larger role in how our electricity is produced, delivered, and consumed. The court’s decision to overturn FERC Order 745 stymies that growth,” said Jim Marston, Vice President, US Climate and Energy, Environmental Defense Fund.

FERC Order No. 745 is designed to help the U.S. meet its energy needs by ensuring that demand response solutions have access to the wholesale electricity market. A sharply divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit overturned the measure on May 23, 2014. Judge Harry Edwards vigorously dissented from the majority opinion by Judge Janice Rogers Brown. FERC and a number of other parties have petitioned the court to rehear the case en banc. 

Environmental Defense Fund believes that the dissent in that ruling was anchored in fact and law, and that the court should reconsider its decision. 

Yesterday’s filing states:

“Our nation’s strong interest in clean, reliable, and customer-friendly power took a big step backwards with the unfortunate court decision. EDF supports FERC’s petition for rehearing, and seeks invitation to file as an amicus in the case for this same reason. Demand response, an invaluable component of a modernized energy system, is cleaner and more cost-effective than building new power generation. As the U.S. advances into the clean energy economy, demand response should play an increasingly larger role in how our electricity is produced, delivered, and consumed. The court’s decision to overturn FERC Order 745 stymies that growth,” said Jim Marston, Vice President, US Climate and Energy, Environmental Defense Fund.

You can read the entire motion and amicus brief here.    

The court will now determine whether to allow EDF and others to file an amicus brief, and whether to hear the case en banc. An important next step is whether the Court, exercising its discretionary powers, orders the opposing parties to file a response to FERC’s petition; such an order could be issued within the next several weeks.    

NEWS RELEASE

July 3, 2014           

Contact:
Shira Silver, 202-572-3254, ssilver@edf.org

“Assemblymember Henry Perea’s bill to stall the inclusion of transportation fuels under California’s cap-and-trade program (AB 69) is an 11^th-hour effort to appease big oil interests at the expense of his own constituents and all Californians. As the Supreme Court’s decision this week to deny appeal of the Low Carbon Fuel Standard demonstrates, oil companies are standing in the way of innovation by frivolously exhausting every option to block popular policies to fight climate change and protect Californians’ health.

As an elected official from a region with the country’s worst particulate air pollution, high unemployment, and disproportionate risk from climate change, Assemblymember Perea should lead the effort to spur economic development, create jobs and reduce pollution from its largest source in the state, rather than slashing investments in vulnerable communities and fighting against cleaner air.”

-Derek Walker, Associate Vice President, US Climate and Energy Program, EDF

(BISMARCK, North Dakota—July 1, 2014) The North Dakota Industrial Commission (NDIC) took another critical step today toward curbing the wasteful practice of flaring natural gas. The NDIC, a group that includes North Dakota Governor Jack Dalrymple, Attorney General Wayne Stenehjem and Agriculture Commissioner Doug Goehring, gave the NDIC Oil and Gas Division authority to limit oil production for operators that fail to meet flaring reduction goals set by the Commission, signaling that the status quo practice of wasting nearly one-third of the gas produced in the state is unacceptable.

The Commission reaffirmed the following flaring reduction goals today:

•  26% by Q4 2014
• 23% by Q1 2015
• 15% by Q1 2016
• 5-10% by 2020

Operators that fail to reduce flaring in accordance with these goals may see their production curtailed to 200 barrels of oil per day (BOPD) or even to 100 BOPD if they are flaring more than 40% of their gas. 

“We are pleased that the Commission has opted to tie production limits directly to the flaring reduction goals,” said Dan Grossman, EDF Rocky Mountain Regional Director. “This is the type of performance standard that EDF advocated for in our comments to the Oil and Gas Division in April. We look forward to carefully reviewing the Commission’s order to better understand its implications – particularly with regard to the exemptions provided for some wells.

“North Dakota has taken some important steps to reduce wasteful flaring. But today’s action is the starting line, not the finish line,” added Grossman. “We look forward to continuing to work with the NDIC, the Oil and Gas Division and the state legislature to implement policies that will put more of the state’s gas to work rather than letting it go up in smoke.” 

NEWS RELEASE

Contact:
Tim, O’Connor, 415-293-6132, toconnor@edf.org
Erica Morehouse, 916-492-4680, emorehouse@edf.org
Sharyn Stein, 202-572-3396, sstein@edf.org 

(Washington, D.C. — June 30, 2014) The Supreme Court will not review a rigorous decision by the U.S. Court of Appeals for the Ninth Circuit that upheld California’s Low Carbon Fuel Standard – common sense standards designed to reduce unhealthy air pollution, protect the environment and strengthen the state’s clean energy economy.

The Supreme Court today denied petitions from large oil companies and corn-ethanol producers asking it to review and reverse the Ninth Circuit Court of Appeals’ decision.

“The Supreme Court’s decision today denying requests by big oil companies to review legal appeals challenging California’s landmark low carbon fuel standard is welcome news for the millions of Californians at risk from the clear and present danger of climate change,” said Tim O’Connor, Director of California Climate for Environmental Defense Fund, which was a party to the case.

“The Low Carbon Fuel Standard will protect the health of Californians while strengthening our clean energy economy,” said O’Connor. “It is unfortunate that big oil companies are investing in litigation and obstructionism rather than investing in the innovation in cleaner low carbon fuels that is essential for our health and our prosperity.”

The Low Carbon Fuel Standard is a policy created under California’s groundbreaking climate change laws, known as AB32. It will reduce the amount of carbon pollution released from the fuels sold in California by 10 percent between now and 2020.

The measure will improve California’s air quality, reducing serious health impacts like heart and lung diseases caused by air pollution, which in turn will save the state billions of dollars each year in health care costs.

The Low Carbon Fuel Standard is also designed to help the economy by stabilizing fuel prices and protecting Californians against future oil price shocks, and by driving innovations in business and technology that will create jobs. A recent report from EDF and the American Lung Association found that California’s clean fuels policies will save over $10 billion by 2020.

The Ninth Circuit Court of Appeals upheld the Low Carbon Fuel Standard last September, saying:

“California should be encouraged to continue and to expand its efforts to find a workable solution to lower carbon emissions, or to slow their rise. If no such solution is found, California residents and people worldwide will suffer great harm. We will not at the outset block California from developing this innovative, nondiscriminatory regulation to impede global warming.”

The LCFS has been in effect for more almost three years, and — as intended – it is helping to bring innovative, cleaner fuels to California consumers.

The U.S. Supreme Court held today that the U.S. Environmental Protection Agency (EPA) permissibly read the Clean Air Act to require installation of the best available control technology for large new or rebuilt industrial pollution sources of greenhouse gases that are sources of other major air pollutants.

Texas has vociferously challenged these critical climate protections at every turn and has even gone so far as to ask the Supreme Court to reverse its decision in Massachusetts vs. EPA, which established EPA’s foundational authority to address climate pollution under the Clean Air Act. The Supreme Court declined to even hear arguments on that claim and, for the third time, has reaffirmed EPA’s bedrock authority to regulate climate pollution under our nation’s clean air laws.

“As one of the largest and most industrial states in the country, Texas leaders should support EPA’s commonsense standards and lead the nation’s clean energy economy rather than fight against it. The majority of our state’s elected officials have vainly fought tooth and nail against EPA’s efforts to safeguard Texans’ health and wasted millions of taxpayer dollars in the process. It is past time Texas leaders stopped defending major polluters and started innovating rather than litigating.”

• Jim Marston, Vice President, US Climate and Energy, Environmental Defense Fund

NEWS RELEASE

Contact:
Vickie Patton, 303-447-7215, vpatton@edf.org
Sharyn Stein, 202-572-3396, sstein@edf.org

The U.S. Supreme Court ruled 7-to-2 today, in Utility Air Regulatory Group v. EPA (No. 12-1146, et al), that the U.S. Environmental Protection Agency (EPA) permissibly read the Clean Air Act to require installation of the best available control technology for large new or rebuilt industrial pollution sources of greenhouse gases that are sources of other major air pollutants. 

This is now the third decision in which the Court has affirmed the application of the Clean Air Act to climate pollution. 

A 5-to-4 majority of the court also held that EPA must narrow its permit program to avoid applying the permitting program to many smaller sources that EPA itself had concluded would pose serious practical problems and yield relatively small pollution control benefits.

“EPA’s foundational authority under the Clean Air Act to protect Americans’ health from the clear and present danger of climate pollution is rock solid,” said Vickie Patton, General Counsel for Environmental Defense Fund. “Recognizing EPA’s authority to protect public health from climate pollution, the high Court today clarified that the best pollution controls for greenhouse gases apply to new and rebuilt industrial sources that are large emitters of other major air pollutants.”

Environmental Defense Fund is a party to the case.  

More Information about Clean Air Act Permit Requirements for Large Industrial Emitters

Today’s decision stemmed from years of litigation in which polluters challenged almost every aspect of EPA’s first generation climate protections including: EPA’s science-based finding that six greenhouse gases endanger human health and the well-being of current and future generations; EPA’s limits on the climate pollution from passenger vehicles (“clean car” standards); and the requirement that industrial emitters obtain permits when constructed or rebuilt to deploy modern cost-effective solutions to reduce their climate pollution.

In October 2013, the Supreme Court declined to hear the vast majority of those challenges, but did agree to review one narrow question on whether EPA’s regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for large industrial sources of greenhouse gases.

The requirement for large industrial sources to obtain greenhouse gas construction permits became operative on January 2, 2011 when climate pollution became subject to regulation under the Clean Cars standards.  

Since 2011, 166 permits have been issued, 122 by the states and 44 by EPA, and about 50 permits are being processed by EPA regions (see http://www.epa.gov/oar/caaac/pdfs/awood_caaac_042014.pdf, page 26).

The Supreme Court Has Recognized EPA’s Authority to Establish Carbon Pollution Standards for Power Plants

EPA proposed carbon pollution standards for existing coal plants on June 2, 2014, and the Court recognized EPA’s authority to regulate carbon pollution under section 111 again today.

The Supreme Court has long recognized EPA’s clear authority to regulate carbon pollution from new and existing coal-fired power plants under this – separate – new source performance standards program.  

Indeed, during the February 24, 2014 oral argument in this very case, industry attorney Peter Keisler stated, in response to questioning from Justice Ruth Bader Ginsburg, that EPA has clear authority to address climate pollution from power plants and industrial sources under the new source performance standards (section 111): 

“I think most critically, Your Honor, it includes the new source performance standards program of Section 111 that this Court discussed in Connecticut v. AEP. And this is a very important point, because this case is not about whether EPA can regulate greenhouse gases from stationary sources. This Court held that it could under this program in Section 11 [sic].”

(See Supreme Court transcript page 22)

The Supreme Court has twice affirmed EPA’s authority to address climate pollution under our nation’s clean air laws – in Massachusetts v. EPA (2007) and American Electric Power v. Connecticut (2011).  In the 2011 AEP case, Keisler had a similar colloquy with Justice Ginsburg in which he recognized that there could not be “a more specific example of Congress having addressed the problem” of greenhouse gases. Consistent with Keisler’s acknowledgement, Justice Ginsburg authored the 2011 opinion of the Court in AEP, holding that the Clean Air Act “speaks directly” to emissions of carbon dioxide from power plants. 

More Information about Today’s Case

You can read all the legal briefs filed in the UARG case that was decided today, and get more information about the case itself, on EDF’s website.

(WASHINGTON – June 17, 2014) The Environmental Defense Fund (EDF) today hailed the announcement by the Obama administration that it will develop a new marine sanctuary in the central Pacific Ocean as well as a new initiative to combat illegal, unreported and unregulated fishing.

 “With today’s announcements, President Obama has claimed his legacy as a true champion for the world’s ocean.

“The expanded marine protected area in the central Pacific Ocean ensures a significant amount of crucial ocean habitat will remain pristine and unaltered. EDF played a key role in advocating for the creation of the Pacific Remote Islands Marine National Monument in 2009, and we welcome today’s move to expand on this success. It is a major commitment by the United States to permanently protect our nation’s marine treasures.

 “The President’s new initiative to combat seafood fraud will ensure that our country’s work to build sustainable fisheries will not be in vain. Better traceability ensures market benefits reach hard-working fishermen and reward good fisheries management.

 “We hope these initiatives will encourage the rest of the world to follow suit by increasing protection of sensitive marine habitat and ensuring our sustainably managed fisheries have real value in the marketplace.” 

  Amanda Leland, Vice President, EDF Oceans Program