Complete list of press releases

(Denver, CO) Today the Colorado Air Quality Control Commission voted unanimously to adopt landmark rules limiting oil and gas methane and air pollution.

The rules will require frequent inspections for all wells, including smaller, leak-prone ones which have been shown to be responsible for an outsized share of emissions. In addition, the rules will prohibit venting of methane during maintenance activities.

“Climate change is already threatening our water supplies, fueling western wildfires, and harming our economy while air pollution levels on the Front Range can be so high it means exercising outside can put your health at risk. These problems demand bold solutions now like those the Commission adopted today.

“With these rules, Colorado again sets the bar for what nation-leading methane protections should look like. These rules will ensure every well site is inspected including the nearly 12,000 smaller, leak-prone wells that can add up to huge emissions. We applaud the Commission for adopting measures that will provide greater protections for Disproportionately Impacted Communities and those living near well sites. The rules the Commission adopted today are critical for our climate, our air, and communities.”

• Matthew Garrington, Senior Manager, Partnerships & Outreach, Environmental Defense Fund

ADDITIONAL BACKGROUND

Today’s Air Quality Control Commission rule is adopted as the Environmental Protection Agency accepts public comment through Jan. 31 on its own recently-proposed rules to reduce methane and air pollution nationwide from both new and existing oil and gas sites.

EPA’s proposed requirements are based in part on Colorado’s first-in-the-nation methane protections implemented in 2014 – including the now-outdated leak detection and repair approach that omitted inspections for smaller, leak-prone wells.

As EPA seeks to strengthen current emission standards for new wells and enact comprehensive protections for existing ones, the latest AQCC rule provides a strong benchmark for the agency.

Colorado’s newly adopted leak detection and repair program is the strongest such program in the nation.  

EDF also anticipates that the AQCC will take up future rulemakings over the next two years including additional requirements for “zero-bleed” pneumatics, additional controls for natural gas processing, and the direct measurement of emissions and verification of emission reductions to realize the goals outlined in H.B. 1266.

These new oil and gas methane rules come at a time when state officials have fallen behind in putting in place the comprehensive set of regulations necessary to meet statewide climate targets. In order to achieve the greenhouse gas emission reductions mandated by state statute, the AQCC needs to swiftly follow this rulemaking with the adoption of enforceable regulations covering all major pollution sources.

(Denver, CO) Today the Colorado Air Quality Control Commission voted unanimously to adopt landmark rules limiting oil and gas methane and air pollution.

The rules will require frequent inspections for all wells, including smaller, leak-prone ones which have been shown to be responsible for an outsized share of emissions. In addition, the rules will prohibit venting of methane during maintenance activities.

“Climate change is already threatening our water supplies, fueling western wildfires, and harming our economy while air pollution levels on the Front Range can be so high it means exercising outside can put your health at risk. These problems demand bold solutions now like those the Commission adopted today.

“With these rules, Colorado again sets the bar for what nation-leading methane protections should look like. These rules will ensure every well site is inspected including the nearly 12,000 smaller, leak-prone wells that can add up to huge emissions. We applaud the Commission for adopting measures that will provide greater protections for Disproportionately Impacted Communities and those living near well sites. The rules the Commission adopted today are critical for our climate, our air, and communities.”

• Matthew Garrington, Senior Manager, Partnerships & Outreach, Environmental Defense Fund

ADDITIONAL BACKGROUND

Today’s Air Quality Control Commission rule is adopted as the Environmental Protection Agency accepts public comment through Jan. 31 on its own recently-proposed rules to reduce methane and air pollution nationwide from both new and existing oil and gas sites.

EPA’s proposed requirements are based in part on Colorado’s first-in-the-nation methane protections implemented in 2014 – including the now-outdated leak detection and repair approach that omitted inspections for smaller, leak-prone wells.

As EPA seeks to strengthen current emission standards for new wells and enact comprehensive protections for existing ones, the latest AQCC rule provides a strong benchmark for the agency.

Colorado’s newly adopted leak detection and repair program is the strongest such program in the nation.  

EDF also anticipates that the AQCC will take up future rulemakings over the next two years including additional requirements for “zero-bleed” pneumatics, additional controls for natural gas processing, and the direct measurement of emissions and verification of emission reductions to realize the goals outlined in H.B. 1266.

These new oil and gas methane rules come at a time when state officials have fallen behind in putting in place the comprehensive set of regulations necessary to meet statewide climate targets. In order to achieve the greenhouse gas emission reductions mandated by state statute, the AQCC needs to swiftly follow this rulemaking with the adoption of enforceable regulations covering all major pollution sources.

“The Build Back Better Act will be the most ambitious climate action in American history – and it has always been more important to get it done than to meet a specific deadline. If we want to create jobs, cut pollution, promote environmental justice and lower energy costs for American families, we must pass this bill as soon as possible.

“We are confident the Congress will take this major step towards a stronger economy and a healthier future. It’s no surprise that big accomplishments take time in Washington, but climate impacts will not wait and neither will our international competitors racing to win the jobs of the future.

“We are grateful for the President's leadership and to the House of Representatives for their historic action in passing the Build Back Better Act – and to the members of the Senate who are working to accomplish this final step. Together, we can provide a stronger economy now and a better future for our children and grandchildren.”

• Elizabeth Gore, Senior Vice President, Political Affairs

(Salem, OR – Dec 16, 2021) Today, Oregon’s Environmental Quality Commission adopted the final regulations for the Climate Protection Program (CPP), which will cap and reduce emissions from transportation fuels and natural gas usage starting in January 2022. The program represents a key outcome from a 2020 Executive Order by Governor Brown directing Oregon’s administrative agencies to develop regulations to cut pollution in line with the state’s climate goals.

Emissions covered by the CPP’s caps, which represent half of Oregon’s overall climate pollution, will be cut 50% by 2035 and 90% by 2050 from a 2017-2019 average baseline emissions. The new regulation complements Oregon’s clean electricity standard passed over the summer, which requires an 80% cut in carbon pollution from electricity use by 2030 and 100% clean energy by 2040. While these policies will help Oregon cut pollution, EDF analysis shows that Oregon’s economy-wide emissions will still fall short of the level of ambition necessary, as the U.S. has committed to securing at least a 50% reduction in greenhouse gas emissions from 2005 levels by 2030.

“The Climate Protection Program is a major step toward turning Governor Brown’s climate pledges into concrete policy that curbs harmful pollution,” said Pam Kiely, Associate Vice President for U.S. Climate at EDF. “Despite significant setbacks in the legislature, Gov Brown demonstrated climate leadership at a critical time by directing state environmental regulators to use strong tools already in the toolbox to put in place enforceable, declining limits on climate pollution. Other governors should take a page out of her book.

“As a key pillar in Oregon’s strategy to slash climate pollution, the Climate Protection Program will help protect communities, businesses and ecosystems across the state from even worse climate damages. Thanks to thousands of Oregonians who engaged in the public comment period, DEQ strengthened the ambition of the program to require faster and deeper pollution cuts.

“While an important step forward, there are still critical gaps in the program that fall short of the vision Governor Brown outlined in her Executive Order to cap emissions economy-wide, including from the state’s large stationary sources. And there is still a need for increased ambition to ensure that Oregon’s statewide emissions decline at a pace consistent with U.S. targets over the upcoming decade. We look forward to working with Gov Brown and Oregon regulators to fill these gaps and fully deliver a strong, equitable Climate Protection Program.”

More on the Climate Protection Program:

• The program puts a cap on emissions from fuel usage, requiring that emissions decline consistently over time. A consistently declining emissions budget for pollution from these covered sources will improve cumulative performance of the program, helping constrain the total amount of climate pollution emitted in the atmosphere over the lifetime of the program, which is critical for curbing climate damages.
• These covered emissions are subject to a binding limit with enforceable, quantifiable, and definite results.
• However, the program does not yet have sufficient guardrails in place to ensure that alternative compliance instruments issued by DEQ actually result in cuts in climate pollution and benefits for communities most impacted by climate change and air pollution, adding an unnecessary element of uncertainty as to whether the program’s pollution targets be will be met on time, or whether emissions could be up to 20% higher than envisioned.
• Moreover, the program does not regulate emissions from the power sector, including electricity from natural gas power plants that is sold directly to private, non-utility buyers; these direct purchases of natural gas power are also not addressed by the state’s clean electricity standard, leaving a major gap in emissions coverage. This gap also leaves nearby communities exposed to pollution and its subsequent impacts on their health and livelihoods.
• Emissions from the industrial sector are also not covered by the declining limit.

“Today, the Biden-Harris Administration announced a broad action plan across ten federal agencies to replace all lead pipes in the country within a decade. We applaud the Administration’s plan to leverage significant funding to begin work now and its commitment to fix the serious shortcomings of the Lead and Copper Rule to ensure its goal is met. Much work must be done to make the goal a reality, and EDF will do its part to support implementation of the plan.  

“Importantly, the EPA is requiring water utilities to make public a comprehensive inventory of all lead pipes and enable customers and the public to find out if they have a lead pipe no later than three years from now. This inventory is an essential part of achieving the Administration's goal to deliver clean drinking water to families across the country. It also creases targeted efforts to remove lead pipes from federally assisted housing, schools and child care facilities.

“The Administration is leveraging the funding secured in the Bipartisan Infrastructure Bill to expedite the replacement of lead pipes now – by releasing $3 billion of an eventual $15 billion to states today – with a focus on communities disproportionately impacted by lead. We look forward to fast action in Congress on the Build Back Better Act, which would provide nearly $10 billion to further support lead pipe replacement in low-wealth, rural and under-resourced communities.”

• Tom Neltner, Senior Director, Safer Chemicals

(LAS VEGAS, NV – Dec. 15, 2021) Arizona, Nevada, key California agencies under the Colorado River Board of California and conservation groups issued a resolution today outlining a commitment to seek effective solutions to challenges facing the Colorado River, including achieving new reductions in Lower Colorado River water use and taking steps to protect the long-term sustainability of the Colorado River Basin.

The resolution, unveiled at this year’s Colorado River Water Users Association Conference, acknowledges the impact of aridification on water supplies and the importance of ensuring the long-term sustainability of the Colorado River for all parties. 

In response, the Water for Arizona Coalition issued the following statement: 

“This commitment to continued collaboration to protect and preserve the Colorado River is crucial as climate change fundamentally changes the basin. The Water for Arizona Coalition looks forward to helping develop and implement durable strategies to ensure water security for all Arizona communities and protect our life-giving rivers and freshwater ecosystems in the face of basin-wide aridification.”

Kevin Moran, chair of the Water for Arizona Coalition and senior director of EDF’s Colorado River Program, added, “This resolution is a recognition of the urgent need to increase both the pace and scale of collaborative water conservation agreements and investments in resilience. The next chapter in the Colorado River’s story can be about people adapting to new water realities collaboratively, equitably and quickly so that we sustain civilization and the natural systems that nourish all of us.”

Today, the Senate passed the Enhancing Military Base Resilience and Conserving Ecosystems through Stormwater Management (EMBRACE Stormwater Management) Act as an amendment in the National Defense Authorization Act (NDAA) for Fiscal Year 2022. The House also included the bill in the NDAA they passed last week.

“The EMBRACE Act is an important and proactive step toward building greater resilience from sea level rise, flooding and other climate threats on and around military installations. The Department of Defense has spent billions of dollars in the last several years to address damages from flooding and extreme weather, and we know climate change will increase impacts in the coming years.

“By funding stormwater management best practices that include natural infrastructure to retain water and limit runoff, installations will be able to reduce flood risk and damages while boosting operational readiness and mitigating environmental impacts. Natural infrastructure also provides important benefits for nearby communities and ecosystems, improving quality of life, creating jobs and providing a cleaner, safer environment for people and wildlife while saving money over time.

“We applaud Sen. Kaine and Rep. Scott for their leadership in sponsoring the EMBRACE Act in the Senate and the House, and thank Sens. Warner, Cardin and Van Hollen and Reps. Luria, Sarbanes, Brown and Mace for their co-sponsorship. EDF looks forward to working with stakeholders, including military partners, and members of Congress to address climate-fueled flood threats with bold, innovative and equitable solutions.”

• Elizabeth Gore, Senior Vice President, Political Affairs

“In briefs filed yesterday, the coal industry and its allies asked the Supreme Court to dramatically limit EPA’s longstanding authority and obligation to protect Americans from the deadly threat of climate pollution. They are seeking to dangerously undermine safeguards against climate pollution at a time when the climate crisis is harming people across the country and our window to prevent severe harm is closing. Their requests willfully ignore major Supreme Court rulings about EPA’s authority and responsibility to address the clear and present danger of climate change.

“Our nation’s clean air laws require EPA to protect Americans from dangerous air pollution, including the pollution that are causing climate disasters that are hurting people and communities across the country. EPA’s established authority to craft pollution safeguards for coal-fired power plants that are rooted in science and the law must be safeguarded, for the benefit of all Americans.

“EDF looks forward to presenting a strong argument to the Supreme Court in support of EPA’s authority to use best practices to protect Americans from dangerous climate pollution from power plants.”

          - Michael Panfil, Director of Climate Risk Strategies, Environmental Defense Fund

(Austin, TX) An aerial survey of nearly 900 different oil and gas sites in the Permian Basin reveals that massive methane emissions at many sites recurred for months on end, often even after operators were notified of problems.

Methane is an invisible, yet very potent greenhouse gas emitted from oil and gas facilities alongside harmful pollutants linked to cancer, asthma and other illnesses.

This survey was conducted as part of EDF’s PermianMAP initiative, which has been measuring and reporting information about oil and gas methane emissions from the nation’s largest oilfield since 2019.

Widespread emission events across sources

This latest research – conducted via helicopter between Nov. 12 and Nov. 21 of this year – detected significant plumes of methane from about 40% of the roughly 900 sites surveyed.

Additionally: 

• About 14% of all emission events came from malfunctioning flares.
• 30% of surveyed pipelines had detectable emissions. 
• Roughly half of all surveyed midstream facilities - which process, pressurize and help transport gas - had detectable emissions.

Recurrent high emissions, including from smaller wells

This is the eighth survey in which researchers mounted a special infrared camera to a helicopter to find high-emitting sites. The helicopter revisited nearly all of the sites where emissions were previously observed and found that nearly half still had recurring emissions. 

In addition to studying how often emissions persist over the course of several months, researchers examined the rate at which emissions recur within a week – specifically looking at smaller well sites where emissions are frequently underestimated.

Here, researchers observed that a third of smaller well sites had large emissions that persisted for days, with leaks often coming from different pieces of equipment at different times.

See this video for the latest methane emissions footage.

Significance for EPA’s proposed methane rules

Last month, the Environmental Protection Agency proposed new regulations to reduce methane emissions from the oil and gas industry. The proposed rules would require operators to regularly find and fix their emissions – a requirement not currently in place for oil and gas facilities built before 2015.

However, under the current proposal, operators of smaller leak-prone facilities would only be required to conduct a one-time inspection of their well sites. This study suggests a single inspection will not be sufficient to reduce total methane levels, since there are over half a million of these wells across the country, many with recurring leaks that could go permanently undetected.  

“There are dozens of reasons why a site might be emitting high levels of methane. The only way to know what’s going on and to ensure things are operating properly is to regularly check sites for problems that lead to massive pollution,” said David Lyon, Senior Scientist with Environmental Defense Fund. “Our research has consistently shown that leaks can and do happen at all types of facilities – including smaller, leak-prone wells – and the best way to control emissions is to find and fix them.”

The EPA is accepting public comments on its methane proposal through Jan. 31. Comprehensive and protective EPA standards will be a central component of the Administration’s goal to reduce 30% of all methane emissions by 2030.

“The EPA has a real opportunity to change the game and make a meaningful dent in our methane pollution,” said Jon Goldstein, Senior Director of Regulatory and Legislative Affairs at Environmental Defense Fund. “This research makes clear that the agency must tackle frequent, large emissions from smaller wells if we’re going to have a shot at achieving our climate goals and protecting communities from air pollution.”

See the complete survey data here.

(Washington, D.C. – December 13, 2021) The U.S. Department of Labor should finalize a rule that will help protect Americans’ retirement funds from the financial risks posed by climate change, according to comments filed today by Environmental Defense Fund, the Institute for Policy Integrity at NYU School of Law, and the Initiative on Climate Risk and Resilience Law.

The groups filed comments in support of the Labor Department’s proposed rule Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights. The proposal would clarify that retirement plan managers have the ability to consider the financial harms of climate change, just like any other factors affecting investment risk and return, when making investment decisions, and to manage accordingly.

Research shows climate change is an emerging financial threat, posing a major risk to the stability of the U.S. financial system and its ability to sustain the American economy. The rule remedies constraints on plan managers’ ability to consider climate risks that “distort selection of investments and exercise of shareholder rights in a manner that is likely to result in lower returns, higher risks, or other costs to beneficiaries," the groups state in their comments.

The Labor Department’s proposed rule affirms that retirement plan managers “can consider climate risk in decisionmaking, and, moreover, should do so” where climate change poses financial risks to Americans’ retirement savings, according to the group’s comments. Doing so ensures that fund managers have the ability to make the best possible decisions for their clients after taking all risks – including those from climate change – into consideration.

You can read the full comments here.

(WASHINGTON – Dec. 10, 2021) Environmental Defense Fund, Wildlife Conservation Society and The Ocean Foundation congratulate Cuba’s Parque Nacional Jardines de la Reina, or Gardens of the Queen National Park, for winning a prestigious Blue Park award from the Marine Conservation Institute. The Blue Park’s initiative recognizes some of the most outstanding marine protected areas on the planet and supports actions to conserve them. Jardines de la Reina joins a network of 21 marine parks from around the world that are models for healthy oceans with vibrant marine life.

“Jardines de la Reina National Park is one of the most spectacular marine parks on the planet. The park may be best known for its healthy and colorful coral reefs and the diversity and abundance of fish, sharks, sea turtles and other marine life. In fact, extensive colonies of Elkhorn coral, a critically important reef-building species that has virtually disappeared in the Florida Keys and much of the Caribbean, flourish in the park,” says Valerie Miller, director of EDF’s Cuba Oceans Program.

Natalia Rossi, the WCS Cuba Country director points out that, “Jardines de la Reina, a spectacular string of keys that stretches for 135 km, connecting seagrass beds, mangrove forests, and coastal habitats, is one of the largest marine protected areas in the Caribbean and among the region’s best-preserved coral reef ecosystems.”

These interwoven habitats are more resilient to climate change and protect Cuba’s shorelines and the people who reside in coastal areas against rising seas and intensifying storms. Recent research indicates that the coral reef system in Jardines de la Reina is one of the 50 most resilient reefs in the world — making it a place that has potential to survive the future impacts of climate change and potentially repopulate neighboring reef systems (Beyer et al., 2018).

“In terms of biodiversity, Cuba is considered the most important island country in the Western Hemisphere. Cuba’s government decided to designate Jardines de la Reina as a national park in 2010 because of its high species richness and presence of rare and endemic species. The Blue Park Award makes special mention of how well protected the park is,” states Fernando Bretos, program officer at The Ocean Foundation.

Commercial fishing with the exception of lobster is prohibited within the park’s boundaries, allowing fish to thrive; research conducted in the park shows that some populations “spill over” to neighboring areas, supporting livelihoods outside the park. This spillover effect goes beyond Cuba, as larvae of several species of snappers, groupers and corals are exported to neighboring regions like Jamaica, Belize, Mexico, Honduras and the Cayman Islands that benefit from these aggregations in different degrees. The presence of healthy populations of large predators, including many shark and grouper species, is also important for long-term regional conservation.

The conservation successes of Jardines de la Reina are built on science-based management plans and ecosystem monitoring projects. We salute the park’s managers, the National Enterprise for the Protection of Flora and Fauna and Marlin Azulmar, along with Cuba’s National Center for Protected Areas. Many other institutions, organizations and individuals have worked tirelessly to research, protect and promote this crown jewel of the Caribbean. Even over the past two years as COVID halted visitation, the renowned tourism operator Avalon found ways to keep its boats out on the water to monitor the park.

EDF, WCS and The Ocean Foundation are honored to have collaborated with Cuban scientists and scientific institutions in Jardines de la Reina to support conservation efforts and to connect the success of the park with the international community, spreading lessons learned and best practices to other places. We remain committed to working with Cuban partners to foster sustainable practices that will protect this unique habitat. Now as a Blue Park, this network will grow and Jardines de la Reina will inspire more people to protect their special places where ocean life can thrive for generations to come.

To get to know the park and its stewards, we invite you to watch this trailer for the upcoming documentary, “Los Jardines de la Reina,” from the award-winning Cuban actor and filmmaker Jorge Perugorría. Also, check out EDF’s book, “Gardens of the Queen — Cuba’s Crown Jewel,” a compilation of photos from Cuban and U.S. photographers highlighting the spectacular ecology and wildlife and celebrating the park’s science-based stewardship.

“The Executive Order on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, which President Biden signed today, means the federal government – the world’s largest buyer – will be investing in the practices and technologies we need to protect the health of all Americans, provide cleaner air and a safer climate, and build American jobs and a stronger economy.“

This order commits to a number of sustainable investments and will result in a federal government entirely powered by carbon-free electricity by 2035. It means all new federal cars will be zero-emission by 2027 and all new federal vehicles – including heavy-duty trucks – will be zero-emission by 2035. The order will cut the government’s climate pollution by 65 percent by 2030, launch a ‘Buy Clean’ initiative so the government prioritizes buying products that are made and shipped with the lowest possible levels of climate pollution, and improve climate resilience for all federal operation and buildings. All of this will spur actions that can serve as a model for state and local governments, businesses and private citizens.

“This Executive Order includes some of the most important priorities for addressing the climate crisis. The purchasing power of the federal government makes it a powerful step toward protecting the health and safety of all Americans.”

- Michael Panfil, EDF Director of Climate Risk Strategies

(RICHMOND, VA – Dec. 07, 2021) Gov. Ralph Northam today released Virginia’s first Coastal Resilience Master Plan to guide statewide action to address flood risk to better protect communities, businesses and vital natural resources in the face of sea level rise and climate change.  

“Virginia has taken a historic step to address its flood crisis with bold, science-based solutions that will better protect residents, businesses and natural resources across the commonwealth. The Coastal Resilience Master Plan provides a foundation upon which Virginia can build a more flood resilient future as the state confronts climate change and sea level rise. 

“With the release of this plan, Gov. Northam and his administration are providing a vehicle for our state to understand growing flood risks and identify equitable solutions to keep people, property and vital infrastructure protected despite these risks. 

“EDF and our partners stand ready to work with Gov.-elect Youngkin and all leaders and communities across the commonwealth to ensure this plan can be put into action to meet the urgency of our flood crisis.” 

• Emily Steinhilber, Director, Climate Resilient Coasts and Watersheds, Virginia, Environmental Defense Fund  

Background: A directive of Executive Order No. 24, the plan is based upon the Coastal Resilience Master Planning Framework released in 2020. The data and strategies presented in the plan aim to increase understanding of risk, leverage nature-based solutions and increase equity for chronically underserved populations. Intended to be an iterative plan, future updates will address precipitation-driven flooding in addition to coastal hazards.  

More than 70% of the commonwealth’s population lives in coastal areas. Virginia is experiencing the highest rate of relative sea level rise on the Atlantic coast, putting residents at increased risk of flooding. Increased precipitation is also increasing flood risk statewide. Flooding is the most common and costly natural hazard in the commonwealth – in 2018 and 2019, Virginia experienced nine major flooding events with infrastructure damages totaling at least $1.6 billion. 

(WASHINGTON) The Federal Energy Regulatory Commission (FERC) issued a temporary certificate on December 3^rd allowing the Spire STL Pipeline to continue operating through Winter and through the duration of the agency remand proceeding. The widely anticipated move allays fears stoked in a misleading and harmful public relations campaign by company affiliate Spire Missouri, which falsely suggested that utility customers could be left without gas heat this winter due to a ruling by a U.S. Court of Appeals.

“EDF has consistently told regulators that the pipeline should be allowed to operate to ensure reliable service. FERC’s action provides clarity for St. Louis customers and rectifies the confusion and fear created by Spire’s misleading campaign. As FERC carries out a comprehensive review in accordance with the law, it has a duty to protect Spire’s customers from improper costs and to protect the landowners and communities impacted by the construction and operation of the pipeline,” said EDF Senior Director and Lead Counsel Natalie Karas.

The FERC order grants Spire STL a temporary certificate that will remain in effect until FERC completes its comprehensive review consistent with the court’s ruling. This review must protect customers from improper costs and protect the landowners and communities adversely impacted by the unlawful review and approval of the pipeline including the condemnation of private property, according to Karas. In the interim, the temporary order expressly requires Spire STL to continue restoration of damages along the project right-of-way.

FERC’s decision will allow the parties to focus on the remand proceeding and to address the serious deficiencies identified in the court’s ruling, including that “the Commission ignored record evidence of self-dealing and failed to seriously and thoroughly conduct the interest-balancing required” in its review and approval of the pipeline.

“FERC’s action should immediately put to rest the needless fear that Spire’s harmful and misleading public relations campaign has caused for its own customers and the resulting attacks on EDF employees,” said Karas.

History of Legal Action

EDF filed suit in January 2020 over concerns that FERC granted an operating certificate to the Spire STL pipeline without the legally-required justification that the costly pipeline was needed and beneficial to the public – a legal safeguard meant to protect customers from unnecessary costs, and landowners from inappropriate condemnation of their property.

In June, a U.S. Court of Appeals agreed, ruling there were serious deficiencies in FERC’s approval, finding that the agency had failed to meet provisions in the Natural Gas Act meant to protect Spire customers from unnecessary costs and landowners from condemnation of property associated with the pipeline.

In October, the United States Supreme Court declined Spire’s request to stay or halt the Circuit Court ruling. FERC granted Spire STL a temporary operating certificate to continue operating the pipeline through December 13th.

On December 3rd, Spire renewed its request to the Supreme Court to stay the D.C. Circuit’s decision. EDF responded to the Supreme Court explaining why that request should be denied, including the December 3rd FERC order granting a temporary certificate through the winter and through the completion of the remand proceedings. Spire also filed for a petition for certiorari on December 3^rd seeking further Supreme Court review.

Going forward, we believe FERC must do a better job of assessing the benefits and burdens of the infrastructure it approves to ensure customers are protected from unnecessary costs. 

(WASHINGTON) This week EDF experts testified as EPA holds public hearings on its historic proposed rules to reduce methane emissions from both new and existing oil and gas sources across the country. EPA’s proposal would substantially reduce methane pollution and includes important provisions related to advanced monitoring for methane leaks, solicits comment on community-based monitoring solutions, and would require broad-based deployment of certain zero-emitting devices.

EPA has also committed to further strengthening its current proposal with a supplemental proposal addressing additional key issues to be issued early next year.

“EPA has an unparalleled opportunity to lead the world in addressing climate change and seize on available, cost-effective solutions to achieve deep reductions in methane emissions and local air pollution in all communities across the country,” said EDF attorney, Grace Smith in her testimony. Smith commended EPA’s strong proposed standards for replacing intentionally-polluting equipment with zero-emitting alternatives.

“Final standards must be further strengthened to require monitoring across smaller, leak-prone wells and address the wasteful practice of flaring,” said Smith. “EDF supports EPA’s plan to further address these issues in a supplemental proposal.”

The U.S. oil and gas industry emitted 16 million metric tons of methane in 2019, with a near-term climate impact of 350 coal-fired power plants. Reducing these emissions is the fastest, most cost-effective way to slow the rate of global warming while reducing harmful co-pollutants such as volatile organic compounds and toxic pollution like benzene that threaten the health of the over 9 million people in the U.S. living within a half-mile of an existing oil or gas well.

“By taking bold action on methane and other harmful pollutants from the oil and gas sector, EPA can begin to reduce pollution in communities that have long borne disproportionate health burdens and show them that it listened to community concerns,” added Smith.

Comprehensive methane rules that address emissions from all sources – including smaller, leak-prone wells – are critical to achieving the Biden administration’s climate goals and commitments under the Global Methane Pledge.

“Hundreds of thousands of wells across the country generate just a trickle of usable product but are large and disproportionate emitters of methane,” testified EDF legal fellow Edwin LaMair. “Nationwide, pollution from these low-producing wells destabilizes the climate and harms the health of the more than seven million people that live nearby, including nearly half a million children and roughly two million people of color.”

EDF analysis shows the vast majority of these smaller oil and gas sites are owned by companies that operate more than one hundred wells each and generate hundreds of millions in gross revenue every year.

“Because large emission events are intermittent and difficult to predict, a one-time survey for smaller sites with high-emitting equipment will likely miss significant sources of pollution,” said LaMair. “To remedy these issues, EPA should account for equipment failures and super-emitters in site-level estimates and require routine monitoring at all sites with potentially significant emissions.”

Legal fellow Grace Weatherall added in her testimony the importance of EPA building on its proposed steps to address emissions from flaring – a major source of methane pollution – by following the lead of states like Colorado and New Mexico, which have moved to end routine flaring.

“EDF urges EPA to finalize a standard for associated gas methane emissions from new and existing oil wells which would require capture of associated gas and enable a diverse array of solutions to do so,” noted Weatherall. “In many cases, well operators capturing and selling associated gas can be expected to break even, if not earn money on the captured gas, because they will be able to sell the gas at a profit, rather than burning it as waste.”