Enviro groups praise Kerry-Lieberman-Graham; but energy standard may include non-renewables

(Photo of nuclear plant from Flickr and photographers iluvcocacola/Bill and Vicki Tracey)


Twenty environmental groups praised the Kerry-Lieberman-Graham Senate climate bill Friday, despite the fact that it is business-friendly.

Meanwhile issues like a renewable energy standard, offshore-drilling revenue sharing, free permits for power plants, and pre-emption of EPA and states’ programs are still being discussed and resolved by the bill’s three authors.

Saying they are “encouraged by the progress” of the bill, which curbs emissions by 17% in 2020 and 80% in 2050, were the Alliance for Climate Protection, Sierra Club, Natural Resources Defense Council, Environment America, League of Conservation Voters, Environmental Defense Fund, National Wildlife Federation, Blue Green Alliance, Center for American Progress Action fund, Union of Concerned Scientists, National Tribal Environmental Council, Environment Northeast, National Audubon Society, Interfaith Power and Light, Conservation International, Defenders of Wildlife, Clean Water Action, Wilderness Society, Climate Solutions and Environmental Law and Policy Center.

In an effort to avoid industry’s heavy lobbying against the bill and draw bi-partisan support, the authors made major concessions on domestic oil and gas drilling, help for nuclear power, and support for “clean coal.” It has been positioned as a jobs and anti-pollution bill that reduces dependence on foreign oil.

Unresolved issues
With plans to show the bill to other Senators as early as tomorrow, the trio has been working to finalize several matters.

One involves state revenue sharing of offshore oil royalties. To give an incentive for state approval, which is needed to drill off their coastlines – even in federal waters – there is a proposal to give states 25% of what the federal government stands to gain. Another 10% would go in a Land and Water Conservation Fund. It remains to be seen if the west coast of Florida, the only area off-limits to offshore drilling, will have a change of status.

Another issue still unresolved is whether a renewable energy standard will be morphed into a “clean energy” standard, to include one or more of the following: nuclear power, which is greenhouse-gas-free but not renewable (big problem); natural gas (which has about half the emissions of coal); and coal plants that use carbon capture and storage. Sen. Lindsey Graham (R-N.C.) has floated a plan with a higher standard than last year’s Energy Committee bill (20% in 2020, rather than 15%), but it is a clean – not renewable – energy standard. Sen. Joe Lieberman (I-Conn.) clearly favors adding nuclear.

It also appears that power plants, the first to be affected by the bill, would get free pollution permits to start, in what now may be back to a cap-and-trade, or at least cap-and-dividend, system. And they would be able to use offsets, to protect forests and land here and abroad, to meet their quota. Power plants emit about 40% of all GHG.

Finally, the bill has a controversial section that takes aim at the EPA and states, pre-empting EPA regulation of GHG emissions and of hydraulic fracturing used to get natural gas out of shale. It will also override states’ and regions’ cap-and-trade plans. Some from states that are out front on climate change object, saying every level of government needs to be involved in the fight against climate change.

For those wanting to read more on the work-in-progress, a post on Grist and Wonk Room compares the current draft with Obama’s proposal and the Waxman-Markey bill passed by the House last summer.

Also, scroll down to see Earthling Angst posts over the past couple of weeks as this bill was fine-tuned after meetings with all sides.

(Sources: Reuters, E&E Daily, E&ENewsPM, grist.org)

EPA backs down on rules for large power-plant GHG emissions -- under pressure from Congress

(Photo of Utah coal-fired power plant from Flickr and photographer Arbyreed )


Reactinging to pressure from some members of Congress, the EPA has backpedaled on its plan to begin regulating greenhouse gas emissions from large power plants and factories under the Clean Air Act this year.

EPA Administrator Lisa Jackson said that in order to allow time for Congress to pass a climate bill she would:
• Not require permitting in 2010 for large sources of greenhouse gases.
• Raise the limit for permitting next year to those emitting more than 75,000 tons, not the 25,000 planned. That amount might be lowered to 50,000 tons in 2012.
• Give small sources of emissions a reprieve until 2016.

The EPA and Department of Transportation would, however, proceed with plans to issue rules next month for autos and light trucks, to reach the Obama Administration’s goal of 35.5 mpg by 2016.

Why the change?
Easing the plans for restricting emissions from large coal-powered plants and other industrial sources came in response to a series of threats to the EPA’s ability to regulate GHG.

• Sen. Lisa Murkowski (R-AK) has prepared a resolution to veto the “endangerment” finding that greenhouse gases should be regulated under the Clean Air Act, a finding that followed a Supreme Court decision. Murkowski has 41 co-sponsors, including Dems Ben Nelson (Neb.), Blanche Lincoln (Ark.) and Mary Landrieu (La.) Murkowski needs 51 votes to pass the resolution and apparently doesn’t have them or would have introduced it by now. A companion resolution in the House, would be spearheaded by two Democrats, Ike Skelton (Mo.) and Collin Peterson (Minn.)

• Coal-state Sen. Jay Rockefeller (D-W.Va.) has introduced a bill to delay EPA regulation of large power plants for two years. There is no indication, however, that Senate leadership will bring it up for hearing. W. Va. Reps. Nick Rahall and Alan Molihan, both Dems, as well as Rick Boucher (D-Va.), have a similar bill in the House but there’s no sign that is going anywhere either. But Rockefeller’s bill may have done its job to get concessions from the EPA and head off Murkowski’s more dangerous resolution.

Rockefeller’s bill would not challenge the EPA’s right to consider climate change under the Clean Air Act, as Murkowski’s resolution would. It would just postpone it for stationary sources (not vehicles).

Who’s lining up with whom
Murkowski’s supporters include the National Automobile Dealers Assn. and the American Public Power Assn.

She, by the way, has collected $800,000 in gas, oil and utility contributions, according to climateprogress.org.

Among those opposing her resolution are the American Lung Assn. and 12 public health organizations, including the American Pediatrics Assn., as well as 569 scientists from the Union of Concerned Scientists.

The head of construction trades for the AFL-CIO has written the White House and asked it to reconsider taking such strong action quickly against stationary sources because it would hurt jobs.

Lawsuit
Alabama and Texas have filed suit to stop the EPA. But 16 other states, mostly on the West Coast and in the Northeast, have asked to intervene on behalf of the EPA. Among them are some you might not expect – Arizona and Iowa.

EPA’s Jackson told Congress she, like the president, would like to see Congress pass climate legislation as a better way to curb greenhouse gases. The House climate bill passed in June blocked EPA regulation, while the Senate bill that came out of the Environment Committee did not.

Now 13 Senators, led by Robert Menendez (D-N.J.), and including Barbara Boxer (D-Calif.), Kirsten Gillibrand (D-N.Y.) and Al Franken (D-Minn.), have sent a letter to Majority Leader Harry Reid (D-Nev.), as well and the bi-partisan trio crafting a new Senate bill (Kerry, Lieberman and Graham), asking them not to take away the EPA’s ability to regulate GHG from coal plants under the Clean Air Act.


(Sources: Greenwire, E&E Daily, ClimateWire, E&ENewsPM, climateprogress.org)

BASIC nations meet to finalize GHG pledges as EU tries to regain climate leadership

(Photo of Chinese coal plant from Flickr and photographer ishmatt)

In preparation for the Jan. 31 deadline for countries to add GHG targets to the Copenhagen Accord, a new power bloc of four big developing countries, Brazil, South Africa, India and China (known as BASIC), will meet Jan. 25-28 in New Delhi to finalize their action plans and talk about how to get other developing countries to do the same.

Meanwhile the European Union meets this weekend in Spain to find a way to reassert its worldwide leadership on climate change.

The BASIC bloc was the one that met with President Obama behind closed doors at the end of COP15 and hammered out the deal that became the Copenhagen Accord. The EU, wanting a stronger agreement, felt marginalized.

Two follow-up UN meetings are planned, in Bonn this June and Mexico in November, to try to finish the business left undone in Copenhagen. The U.S. has indicated it may host the main polluting countries for discussions sometime soon. That could bring together BASIC and the EU.

Problems with the process
In the wake of the climate conference, variously called “chaotic,” “ugly,” and a “near disaster,” many are questioning the UN Framework’s ability to gather all parties and reach agreement on a follow-up treaty to Kyoto.

Copenhagen attracted far too many people (tens of thousands), critics say, and the appearance of 130 heads of state further complicated things. The conference was “too politically charged for the technocrats and way too technical for the politicians,” Ron Bradley, director of international climate change for the World Resources Institute, told E&E TV.

The U.S. role
In the United States, much rests on the Senate, which should match the House’s 17% cut by 2020 to meet Obama’s pledge at the conference. Obama got the Senators what they wanted wanted, a pledge from China and agreement to international review, but the Senate still seems unlikely to agree on cap-and-trade legislation before the next election the end of 2010.

It’s also unclear how the U.S. will come up with its share of the agreed-upon $100B annually for adaptation and mitigation in poor countries by 2020. Republicans aren’t happy about sending money elsewhere in a bad economy. Some money could be raised from private sources and some may have to be a diversion of other foreign aid funds, Sec. of State Hillary Clinton suggested recently.

Others countries’ pledges
Leading up to the Jan. 31 deadline to add some meat to the Accord with specific targets, Germany said it will go with its most ambitious plan of cutting 40% by 2020. The EU as a whole committed 20% but will talk about whether to go higher in an effort to re-assert its leadership. There is considerable disagreement among the union, which was a problem for them at Copenhagen.

China has committed to a 40-45% reduction in intensity and India to 20-25%.

South Africa pledged at COP15 to cut 34% intensity by 2020 and 42% by 2025. A new study says that will be difficult for the coal-dominated country to accomplish.

And Brazil just passed a law targeting a 39% cut by 2020, which amounts to a 20% reduction from 2005 levels.

Many countries are likely to miss the Jan. 31 deadline, according to Orbeo, a carbon-market consulting firm. Only about 50 of 194 have signed on so far. Both BASIC and the EU are planning to urge those who haven't done so to make their pledges.

Whether or not countries meet the deadline may well tell how serious they are about fighting climate change. And will help us gauge the success of Copenhagen.

(Sources: Bloomberg, PlanetArk, ClimateWire, Greenwire, E&ETV, London Guardian.)

Pollution is bad; cap-and-trade is ... confusing

(Photo of Wyoming power plant from Flickr and photographer Kenneth Hynek.)

In a stroke of genius Sen. Kerry (that’s John, D-Mass.) switched out the term “cap-and-trade” for “pollution” in the Senate climate bill unveiled this week.

Everyone recognizes pollution is bad (except maybe some who produce it). You can see pollution and smell it – though maybe not the kind of pollution we’re talking about. But the association is there in most minds – pollution casts a cloud over cities, causes asthma and heart attacks, makes water undrinkable and unswimmable.

Greenhouse gases are as dangerous as other types of pollution, but you can’t see, smell or taste them and that’s a problem. Plus, who but the financial traders really understand cap-and-trade?

We need to forget "global warming" and "climate change" and call it what it is – pollution – so that people will care. Because we’ll need a lot of public support to balance out the special interests whose oxen are being gored.

Clean Energy Jobs and American Power Act
Kerry and Senate Environment Chair Barbara Boxer (D-Calif.) unveiled their bill Wednesday to start Senate debate. It’s a little different from the House-passed bill in several respects:
• It calls for 20% reduction in GHG in 2020 (as opposed to 17%).
• It offers incentives for natural gas, the least hazardous of the fossil fuels, and more loan guarantees for nuclear.
• It allows states and regions to continue their own cap-and-trade until after the federal law is implemented.
• It doesn’t interfere with the EPA’s regulation of carbon dioxide in power plants and heavy industry, as the House bill did. But Kerry has already admitted that might be used to get fence-sitters to fall on their side.

On the fence
Speaking of fence-sitters, there are about 21. They include Sen. John McCain (R-Ariz.), who has gone all mavericky on what he used to espouse. His pal and former climate co-sponsor Joe Lieberman (I-Conn.) said this bill has to be changed (read: weakened) to get 60 votes. (60 is the new 51.)

The Kerry-Boxer bill isn’t going anywhere fast, which is more than too bad. That will hurt the possibility of reaching international agreement in Copenhagen. Which means we are stopping the whole world from fighting GHG pollution.

Maddening Max and Blanche
The bill now has to wait for the Finance Committee to figure out how to dole out allowances. (Unlike the House, the Senate bill left that part blank.) And we all know Finance Chair Max Baucus (D-Mont.) knows how to drag his feet. He’s already said this is likely to wait till next year.

And then there’s new Agriculture Chair Blanche Lincoln (R-Ark.), who will have at it too. She doesn’t have very nice things to say about cap-and-trade and is the one of the bluest of the Blue Dog Democrats. In the House, the Ag chairman was able to hold up that bill and almost kill it getting concessions his rural constituents wanted. How did Lincoln get to be Ag chair anyway? When Ted Kennedy died, Sen. Tom Harkin (D-Iowa) moved over to head the Health committee and I guess Lincoln was next in line. Too bad.

We’re still embroiled in health care reform and, unlike the president, the Congress – especially the Senate – doesn’t seem able to walk and chew gum and the same time. So it’s likely that the bill will be slow walked until the year is ended, Copenhagen over, and 2010 elections on the horizon.

We need to push hard now. Call your senators. Tell them to fight pollution by passing a strong climate bill by the end of the year.

(Sources: ClimateWire, Sierra Club, Reuters Planet Ark, League of Conservation Voters)

Senators try to stop EPA plan to regulate GHG

(Photo of power plant from Flickr and photographer bass_nroll)

Some senators are trying to block the EPA's newfound power to regulate greenhouse gases. They intend to tack an amendment on the EPA funding bill coming up this week. (To object, go to http://tinyurl.com/ntmom).

This effort comes at a time when EPA regulation may be our best hope for curbing greenhouse gases, as the Senate – embroiled in health care – seems more and more likely to punt climate legislation into next year. Majority Leader Harry Reid (D-Nevada) said as much this week.

And if climate change doesn’t get resolved early in 2010, it will likely be delayed past mid-term elections to 2011 and a new Congress.

In the meantime, EPA regulation would get the country moving and give the president some achievement to take to the international climate treaty talks in Copenhagen in December. (That treaty is likely to face delay too – it’s very unlikely to be finalized this year. Meanwhile, the planet isn’t waiting for us humans to get our act together.)

Rules for autos ... and more
The EPA, along with the National Highway Traffic Safety Administration, announced this week new fuel economy and greenhouse gas rules to bring the fleet average of new cars and light trucks in 2016 up to 35.5 mpg, as well as GHG emissions down to 250 grams/mile.

Not only does this put fuel economy 5 years ahead of where the Congress mandated it in 2007, but more important: It’s the first time the EPA will regulate greenhouse gases under the Clean Air Act. The agency is entitled, even required, to do so under the 2007 Supreme Court decision in Massachusetts vs. EPA, but the Bush Administration let it slide.

This has ramifications for all sources of GHG, including large industrial facilities and power plants. In addition to the automobile rules, the agency is finishing up work on its endangerment findings – showing GHG as pollution that endangers people’s health. The EPA is also finalizing regulations to make greenhouse gases part of the permitting process for facilities emitting more than 25,000 metric tons of GHG a year. EPA head Lisa Jackson may sign the endangerment finding as soon as late this month.

Plan B
Some suggest the Senate may leave controversial and complex cap-and-trade on the shelf and just take action on energy – efficiency and renewable sources. They may “defer to the regulatory agency and duck tough political choices,” James Connaughton, former Bush environmental advisor, told ClimateWire.

But “energy-only is worse than no bill at all,” said Fred Krupp, president of the Environmental Defense Fund.

Problems with EPA rules
EPA restrictions alone may not do the job, though, with time running out to stop the growth of greenhouse gases. With EPA regulation only, “you can’t get enough of the job done fast enough,” warned the Natural Resources Defense Council’s David Hawkins.

Furthermore, lawsuits could delay progress for years. Already the National Automobile Dealers Association and U.S. Chamber of Commerce have filed suit to prevent regulation of motor vehicles at the federal or state level.

The best answer is to have both – EPA regulations and climate change legislation, which is what most environmental groups want.

We need to protect the right of the EPA to regulate and they need to get started because once they do so it will be more difficult for opponents to have legislation pre-empt them. At the same time a cap-and-trade system will help put a cap on emissions and move the country toward its desired goal. And a new administration wouldn't be able to stop progress in its tracks by changing the rules.

Sens. Barbara Boxer (D-Calif.) and John Kerry (D-Mass.), chairs of the Environment and Foreign Relations committees, have been crafting a Senate climate bill they will release later this month. They seem committed to moving ahead with it. Urge your Senators to keep climate and energy on their urgent agenda for this fall at the EDF website.

(Sources: Greenwire, ClimateWire, Environmental Defense Fund, Sierra Club, dailygreen.com)

India’s climate plan includes renewable energy, efficiency, but no emissions target

(Photo of solar energy in rural India from Flickr and and the barefoot photographers of Tilinia)

News Update 3: India, whose economy is growing 8-9% a year, has unveiled its National Action Plan to deal with global warming. It will focus on renewable energy, efficiency and research on green technology. More specifically, the plan covers solar energy, water conservation and energy efficiency, as well as sustainable agriculture, the Himalayan ecosystem and habitat. But it does not set a target for curbing greenhouse gas emissions. India says it has a right to lift its people out of poverty, as industrial nations did while they poured GHG into the atmosphere -- and that it has low per-capita carbon emissions, at 1.2 tons, compared with the United States’ 20.6 tons (2004 data). India’s power is 60% generated by coal, with plans for new plants in the next 5 years that will generate 70,000 more megawatts. Emissions have been growing about 2-3% a year, though the country is responsible for only 4% of the world’s GHG. (Source: Thomson Reuters)