EPA Puts Off "Hard Decision" On CO2 Endangerment Finding, May Face New Lawsuit

Posted by Warming Law Tue, 04 Mar 2008 22:02:00 GMT

EPA Administrator Stephen Johnson seems unable to step foot on Capitol Hill to talk about his 2008 budget without getting a ton of questions about California’s waiver denial and EPA’s much-delayed response to Massachusetts v. EPA. Today’s NY Times carries an editorial explaining how the two are linked, citing and drawing out Georgetown Professor Lisa Heinzerling’s observation that EPA’s waiver denial may have inadvertently committed it to an endangerment finding) 

The barrage of questions continued yesterday, courtesy of Senator Dianne Feinstein (D-CA) and her Appropriations subcommittee. Hill Heat live-blogged the hearing and revealed that Johnson isn’t just personally overwhelmed by all the legal pressure and questioning—he’s explicitly citing it to justify his delayed reaction to the Supreme Court’s remand. To wit, Johnson repeated the claim—previously made when he announced to a House subcommittee that he’d be "taking a step back" from the enandgerment finding to weigh industry’s “concerns”—that his delay is partly justified by a series of petitions and appeals that California and environmental groups have filed in the last several months, seeking the regulation of CO2 emissions from ships, aircraft, off-road vehicles, and new coal-burning power plants under federal jurisdiction.

Each of these actions was largely motivated by EPA’s delay in making an endangerment ruling, and each covers areas that would be affected by such a determination. In other words, Johnson is claiming that in order to respond to legal maneuvers motivated by his hesitancy to act…he must delay action even longer. While this deflection doesn’t carry any legal consequences, another part of Johnson’s insistence that this decision requires an expansive amount of time—perhaps until the end of the Bush administration, as advised by the Heritage Foundation, which also takes credit for inspiring Johnson’s rationale—actually highlights the imminent possibility of yet another lawsuit against EPA.

At issue: Johnson flat-out refused to set a target date yesterday for completing the decision-making process, and would not answer whether any of his staff was even working on the enandgerment evaluation (as opposed to a "myriad of issues" that they are tackling). The latter answer led Senator Feinstein to argue, based on what she’d  evidently been hearing from other sources, that no one other than Johnson himself is weighing the issue.

The legal coalition responsible for initiating Mass. v. EPA will likely beg to differ with this exhaustive process, having notified the Administrator last month that it was prepared to sue over unreasonable delay if Johnson didn’t provide a firm target date by February 27—last Wednesday. Stay tuned…

Freeing the Grid: Overcoming Barriers to Clean Energy Generation

Posted by Brad Johnson Tue, 04 Mar 2008 19:00:00 GMT

With prices for oil and gas higher than ever, energy independence is at the forefront of almost everyone’s mind. When your constituents ask you how they can take charge of their energy future while decreasing their monthly electric bills, what do you tell them? In some states model interconnection and net metering laws help individuals and businesses become a part of the solution, but in too many parts of the country the opportunities for renewable energy investment and green job growth are held up by nothing more than senseless policy barriers.

Representatives Jay Inslee and Roscoe Bartlett invite you to attend a briefing by the authors of “Freeing the Grid,” a report that details America’s patchwork of policies that make some states leaders in the booming renewable energy industry, while other states are left behind. You will learn how good net-metering and interconnection policies can help America develop a world-class renewable energy market, strengthen our domestic economy, protect our climate and our environment, increase electric grid stability, and reduce our dependence on costly peak energy.

Our panel of experts will also address how federal legislation, like the Home Energy Generation Act (H.R. 729) can address the problems, remove discrepancies between state policies and invigorate renewable energy deployment in your state AND throughout America.

Panelists include:
  • James Rose, Network for New Energy Choices (NNEC)
  • Chris Cook, SunEdison
  • Adam Browning, The Vote Solar Alliance

We hope that you or a member of your staff can attend, and we look forward to seeing you there. For more information, contact Liz Mustin at [email protected] or 202-225-6311.

FY 2009 Environmental Protection Agency Budget

Posted by Brad Johnson Tue, 04 Mar 2008 15:00:00 GMT

ESI’s EPA Budget Briefing

Witness
  • Stephen L. Johnson, EPA Administrator

10:12 Johnson: As the administration sprints to the finish line, I believe this budget keeps it on the path to a cleaner future. With both demand and cost on the rise, innovators are pushing clean energy solutions. We estimate industry will explore thousands of oil and gas wells on tribal and national lands. The budget requests hundreds of new staff to assist our partners assess the projects.

The budget also attempts to address the serious challenge of global climate change.

The budget supports EPA’s collaborative work to protect our waterways. I’m proud of our response to hurricanes Katrina and Rita.

10:17 AM Feinstein The legal justification for your waiver rests heavily on the 1967 decision. In 1977 Congress amended the Clean Air Act, changing the language and intent of Section 209. The committee language stated that the intent was to provide California the broadest latitude possible. Your waiver justification document does not mention Congressional intent in 1977. Why?

Johnson I am bound by Section 209 and there are three very specific criteria. I only looked at one. Based on the record before me, again, affording California the broadest discretion, it does not mean that I am a rubber stamp. It is not a popularity contest.

10:49 Craig Sitting on EPW we get two bites at you. Today I won’t chew as hard.

Feinstein Even though that section allows other states to adopt California’s standards?

Johnson You raise a very good point. Section 209 and the law and the criteria does not allow me to consider what other states may or may not do. As I pointed out the more states that believe greenhouse gas emissions is a problem are making the very point that California is not unique. It is not exclusive. Rather it is a national problem requiring a national solution.

Feinstein According to the Washington Post, you overruled your legal and technical staff last October. Did a single one of your staff support a flat denial?

Johnson They presented me with a wide range of options, from approving to denying the waiver. They were all presented to me as legally defensible options. I appreciate the opportunity for their candid input, but the Clean Air Act gives me the responsibility alone.

Feinstein You are saying the technical and legal staff recommended approving the waiver. Is that correct?

Johnson They presented me with a wide range of options, from approving to denying the waiver. Generally it is my approach to ask for input, if they choose to give input, that’s fine. Routinely I seek input.

Feinstein We’ve been told that none of the staff was in favor of denying the waiver.

Johnson I received a range of options.

Feinstein I know that.

Johnson I respect the opportunity to receive candid opinions. My decision is not based on a popularity contest of opinions.

Feinstein You’re not answering the question, but there’s nothing I can do but interpret your non-answer.

10:26: Feinstein You’ve missed your 2007 deadline to make the health endangerment finding. Will you respect the direction of the highest court of the land?

Johnson I will commit to that we will make the decision. We are working on the implementation regulations. We have a number of court-ordered deadlines.

Feinstein When might we expect this?

Johnson I don’t have a date, but I assure you we will respond to Mass vs. EPA.

10:28 Allard I have some concerns about enforcement.

10:39 Leahy I’m going to divert for just a moment. I want to talk about mercury pollution. Your agency had the mercury rule. I said at the time I thought it was wrong. On February 8 the Court of Appeals for the DC Circuit, a very conservative court, agreed with my position and struck down your rule. If you had listened to my opinion you could have saved taxpayers significant fees. Does your agency plan to abide by the Clean Air Act, by the law?

Johnson Thank you for the question. Always follow the law, sir. The EPA and DOJ are currently evaluating the decision. We haven’t decided on a course of action. We also recognize because of the Clean Air Interstate Rule we have early reductions of mercury. We are disappointed the first regulation of mercury was struck down. We’re evaluating that now.

Leahy The court made their decision based on the arguments heard in the case. The AP reports officials have threatened states with disapproval for adopting more aggressive mercury regulations, despite what the EPA said in the court. If there was a misrepresentation by the government to the court that’s a serious matter. Have officials ever threatened states against instituting mercury regulations?

Johnson I don’t recall any firsthand knowledge. I don’t know if they have.

Leahy Will you go back and find out?

Johnson I’ll be happy to respond for the record.

Leahy I would like to know the answer. If the AP is correct, then the EPA gave misleading information to the courts. The courts, the Judiciary Committee would consider it a very serious matter. You adopted the Mercury Trading Rule in 2005 and committed to reducing mercury hot spots.

Johnson We haven’t decided yet.

10:50 Feinstein I believe very firmly your staff was in favor of the waiver unless you tell me otherwise. Did any other people in the administration weigh in on the waiver?

Johnson I received many opinions, the decision was my own.

Feinstein Did you discuss this with the White House?

Johnson I discuss major issues with the White House, I think that’s good government.

Feinstein I read the 48 pages. I find it not at all impressive. I think it is harmful to our state and the country. I’d like to go back to the remand. You have not given me a firm date. I find this unbelievable on what is called an Environmental Protection Agency, not an Administration Protection Agency.

Johnson I respectfully disagree that this is an easy decision. Justice Scalia set it up as a three-part test for me. If I find there is endangerment, I must regulate. If I find that there is not endangerment, I should not regulate. If there are other factors I need to consider them. The way the Clean Air Act operates, a decision in the regulation of mobile sources could have a significant impact on stationary sources. I know people are anxious for me to get on with business. Climate change is a serious issue. It’s one I’m carefully considering. Airlines, off-roads, marine, I could go on and on.

Feinstein How many personnel are working on the endangerment finding?

Johnson I don’t know exactly.

Feinstein We’ve been told noone is working on it. Is anyone working on it?

Johnson I know I am working on what are the next steps. It’s what I’m currently evaluating.

Feinstein How many of your staff are working on the endangerment finding?

Johnson I don’t know. I am currently evaluating what are the next steps to take in response to the Supreme Court, the Energy Act, the numerous petitions. I know we have staff working on a myriad issues. I know we have people working on major economies, reviewing McCain-Lieberman legislation, the Greenhouse Gas Registry. We have a lot of issues we’re working on.

Feinstein What I deduce is that none of your staff is working on it. I’ve got to believe you’re stonewalling.

Johnson I’m not stonewalling.

11:10 Feinstein Have you taken every Congressional earmark out of this budget?

Johnson I am told by our staff that the answer is yes.

11:30 Argument with Ted Stevens and Johnson over earmarks (and the definition of an earmark) and funding water and sewer facilities Alaskan villages.

11:37 Stevens I’m trying to seek re-election now. I don’t understand why it’s been reduced.

Stevens What did you ask the president for?

Johnson I support the president’s budget.

Stevens You going to answer my questions, sir?

Johnson brings in EPA water guy.

Stevens You can tell me what you requested OMB this year. What was that amount?

EPA water guy We requested the amount consistent with the 2004 request.

Stevens This is not a spending program, it’s a loan program.

Feinstein My staff says we never agreed to this.

Stevens This policy forces earmarks. It’s bureaucratic arrogance. Having served eight years in another administration, I don’t appreciate this. It sounds like your 04 was sacrosanct as far the government is concerned. It’s a crazy system. The Greenhouse Gas Registry. The White House proposed no money for this program. Sen. Klobuchar asked me about it. Why didn’t you put any money in this program?

Johnson We have $3.5 million this year. We expect by September of this year we will have a proposed regulation for the registry. I believe states are developing registries.

Stevens Is there any direction Congress would give you with regards to spending money you would follow?

Feinstein You’re right. I put in the $3.5 million. They need it for two years.

Johnson We are working on a draft regulation. I intend to make sure we obey our mandate.

Stevens Do you remember in the old days we dealt with this by bureau reclamation? We eliminated the job of the person who refused to follow our direction.

11:48 Feinstein There is no way for us to restore those cuts. I don’t even know if we want to pass this budget. Why run for the Senate? Why act as an appropriator? Why put our names on a budget that we know is going to fail to accomplish our purpose?

Stevens We’re better off on the 2008 budget. Did you ever think about that?

Johnson We believe this budget is a good budget. It balances the needs for moving forward at the same time we have to be good stewards of taxpayer money.

Stevens You should bring back the message that in all likelihood we’ll send the President a continuing resolution for 2009.

Feinstein The cuts go on and on and on. For the first time he said in so many words we’re not going to recognize any Congressional add. You’re saying the president conditions all funding. We don’t even need an Appropriations Committee!

11:51 Stevens He ought to read the Constitution. Arrogance. Pure arrogance.

Feinstein There is no jointness. We are to be a rubber stamp for the President’s request.

Stevens I don’t think the President even knows some of these items.

Feinstein Let me sum up by saying this is a very unhappy budget. The hearing is adjourned.

Washington International Renewable Energy Conference

Posted by Brad Johnson Tue, 04 Mar 2008 13:30:00 GMT

The Washington International Renewable Energy Conference (WIREC 2008) will bring together government, civil society and private business leaders to address the benefits and costs of a major and rapid scale-up in the global deployment of renewable energy technology.

WIREC Participants can expect to:
  • Acquire a better understanding of the benefits of large-scale renewable energy deployment on energy security, climate change, air quality and economic growth.
  • Gain an appreciation of the multiple policy options and best practices that encourage and enable accelerated renewable energy up-take.
  • Develop networks and find partners to explore and initiate renewable energy projects.

These three objectives will be woven into WIREC’s four cross-cutting and policy driven themes: Agriculture and Rural Development ; Technology/Research and Development ; and Market Adoption and Finance.

Monday, March 3, 2008

12:00 – 6:00 p.m. Registration and Pre-conference Meetings

Tuesday, March 4, 2008

7:30 – 8:30 a.m. Registration

8:30 – 9:00 a.m. Welcome and Introductions

  • Paula Dobriansky, Under Secretary of State for Democracy and Global Affairs, Department of State of the United States
  • Michael Eckhart, President, American Council On Renewable Energy (ACORE)
  • Thomas Dorr, Chairman, Secretary’s Energy Council, Under Secretary for Rural Development, United States Department of Agriculture

9:00 – 10:30 a.m. Opening Statements

Introductions: Paula Dobriansky, Under Secretary of State for Democracy and Global Affairs, United States Department of State

  • Speaker: John D. Negroponte, Deputy Secretary of State, United States Department of State The Challenge and Charge to the Attendees
  • Speaker: Ed Schafer, Secretary, United States Department of Agriculture
  • Speaker: Michael Müller, Parliamentary State Secretary, Germany Lessons from Bonn, 2004.
  • Speaker: Zhang Xiaoqiang, Vice Chairman. National Development and Reform Commission of China Lessons from Beijing, 2005.

10:30 – 11:00 a.m. Networking Coffee Break

11:00 – 12:30 p.m. Ministerial Level Plenary Session: Defining the Issues

Introductions: Hermann Scheer, Germany, General Chairman World Council for Renewable Energy

Current Trends and Issues: Renewable Energy
  • Speaker: Samuel Bodman, Secretary, United States Department of Energy
  • Speaker: Tony Hayward, CEO, BP
Changing Role: Transition to Renewables
  • Speaker: Mohamed El-Ashry, Chairman, REN21
  • Speaker: Nobuo Tanaka, Executive Director, International Energy Agency
  • Speaker: Vinod Khosla, Founder and CEO, Khosla Ventures and Sun Microsystems.

12:30 – 2:15 p.m. Lunch: Ministers and Invitation Only

Host: Chuck Conner, Deputy Secretary, United States Department of Agriculture
  • Speaker: Dirk Kempthorne, Secretary, United States Department of Interior
  • Speaker: Connie Hedegaard, Minister for Climate and Energy, Denmark

2:30 – 4:00 p.m. For the 2:30 p.m. to 4:00 p.m. period, two parallel sessions will be convened; 1) “Ministerial Session”, for Ministers only, and 2) “Stakeholder Session” for where stakeholders are identified as federal authorities not participating in the Ministerial session, local authorities not at the Federal level, private sector, and civil society. Each session will consider the economic and environmental benefits of renewable energy. Brief remarks will be offered with the objective of stimulating a meaningful and interactive dialogue among the respective session participants.

2:30 – 4:00 p.m. Concurrent Session I

Ministerial Session: The Economic and Environmental Benefits of Renewable Energy

  • Co-Chair: Steve Johnson, Administrator, United States Environmental Protection Agency
  • Co-Chair: Andris Piebalgs, Energy Commissioner, European Union
In this closed interactive session, the Ministers will address the key benefits of rapid deployment of renewable energy technology including:
  • Energy Security
  • Climate Change
  • Environment and Air Quality
  • Economic Growth including Rural Development

A representative group of Ministers will each give 5 minutes of remarks and then the floor will be open.

Open Discussion

2:30 – 4:00 p.m. Concurrent Session II

Stakeholder Session: The Economic and Environmental Benefits of Renewable Energy.

Chair: David Hales, President, College of the Atlantic

In this closed interactive session, the stakeholders will address the key benefits of rapid deployment of renewable energy technology including:
  • Energy Security
  • Climate Change
  • Environment and Air Quality
  • Economic Growth including Rural Development

A representative individual will give 5 minutes of remarks.

  • Speaker: Dieter Salomon, Lord Mayor, Freiburg, Germany
  • Speaker: Corrado Clini, Chair, Global Bioenergy Partnership
  • Speaker: Dan Reicher, Co-Chair of ACORE, and Director of Climate Change and Energy Initiatives, Google, Inc.
  • Speaker: Lew Milford, President, Clean Energy Group (US)
  • Speaker: Moekti H. Soejachmoen (Confirmed), Indonesia
  • Speaker: Arthouros Zervos, President European Wind Energy Association, President European Renewable Energy Council

    Open Discussion

4:00 – 4:30 p.m. Networking Coffee Break

4:30 – 6:00 p.m. Joint Ministerial-Stakeholder “Straight Talk” Session

Moderator: Hank Habicht, Vice Chairman of the Global Environment and Technology Foundation

The session will be kicked off by brief remarks by Andris Piebalgs, representing ministers and David Hales, President, College of the Atlantic representing stakeholders, who will share the results of the prior sessions. After their brief remarks the session will be open.

Open Discussion

6:00 – 7:30 Optional Conference Activities Trade Show Reception Other

Wednesday, March 5, 2008

The conference format for Wednesday is that there will be parallel and concurrent ministerial level sessions throughout the entire day. In the morning there will be two plenary sessions which will run concurrently 8:00 – 9:30 a.m., one plenary focuses on the Market Adoption and Finance focal theme (Plenary A) and the other plenary focuses on the Agriculture, Forestry, and Rural Development focal theme (Plenary B). After the morning networking coffee break, there will be multiple concurrent ministerial level sessions (11:00 – 12:30 p.m.): three will focus on Market Adoption and Finance; four will focus on Agriculture, Forestry, and Rural Development, and one session on state and local authorities©.

After lunch, the Research and Development focal theme will have a plenary session (2:30 – 4:00 p.m.). The Market Adoption and Finance focal theme will go directly into three concurrent ministerial level sessions for the afternoon. State and local authorities will hold a session.

Following the afternoon networking break (4:30 – 6:00 p.m.), the Research and Development focal theme (D) will hold four concurrent direct talk sessions, the Market Adoption and Finance focal theme will continue with three concurrent sessions, and the State and local authorities will hold one session.

7:00 – 8:00 a.m. Registration

Breakfast  –  Third Level

8:00 – 9:30 a.m. Opening Plenary, Welcome and Remarks

Plenary A Market Adoption and Finance

Co-Moderator: Gregory Manuel, Special Advisor to the Secretary of State and International Energy Coordinator, United States Department of State

Co-Moderator: Alexander “Andy” Karsner (Confirmed), Assistant Secretary Energy Efficiency and Renewable Energy, United States Department of Energy

  • Speaker: Maud Olofsson, Deputy Prime Minister and Minister for Enterprise and Energy, Sweden
  • Speaker: Reuben Jeffery III, Under Secretary for Economic, Energy and Agricultural Affairs, United States Department of State
  • Speaker: Tim Pawlenty, Governor of Minnesota and Chair of the National Governors Association
  • Speaker: Michael Liebreich, CEO, New Energy Finance Renewable Energy

Plenary B Agriculture, Forestry and Rural Development

Moderator: Thomas Dorr, Chairman, Secretary’s Energy Council, Under Secretary for Rural Development, United States Department of Agriculture
  • Speaker: Chuck Conner, Deputy Secretary of Agriculture, United States Department of Agriculture
  • Speaker: Marcos Jank, President and CEO, Brazilian Sugar Cane Industry Association (UNICA)
  • Speaker: Andrzej Dycha, Under Secretary of State, Ministry of Agriculture and Rural Development, Republic of Poland
  • Speaker: Richard Tolman, CEO, National Corn Growers Association
  • Speaker: Honorable Arthur Cua Yap, Secretary, Department of Agriculture, Republic of the Philippines

TBD Conference Keynote: George W. Bush, President of the United States

11:00 – 12:30 p.m. Concurrent Ministerial Level Sessions: Market Adoption and Finance (3); Agriculture, Forestry and Rural Development (4); and State and local authorities.

11:00 – 12:30 p.m. Market Adoption and Finance Concurrent Sessions

A1. Grid-Connected Generation: Market Adoption and Deployment of New Technology Moderator: Connie Hedegaard, Minister for Climate and Energy, Denmark

Panelists:
  • Christine Wörlen, Deutsche Energie-Agentur GmbH (dena) – German Energy Agency
  • Terry Hudgens, President and CEO, PPM Energy
  • Ian Simm, Chief Executive Officer, Impax Group PLC.
  • Lucien Bronicki, Founder, Chairman, and Chief Technology Officer, Ormat Technologies, Inc
Open Discussion

A2. Distributed and Off-Grid Generation: Market Adoption and Deployment of New Technology Moderator: Jeff Leonard, President and CEO, Global Environment Fund

Panelists:
  • Wu Guihui, Deputy Director General, Energy Bureau, National Development and Reform Commission, People’s Republic of China
  • Linda Conlin, Vice Chair and First Vice President, Export Import Bank of the United States
  • Gary Rieschel, Founder and Managing Director, Qiming Venture Partners
  • Brian Sager, Vice President for Corporate Development, Nanosolar
Open Discussion

A3. Renewable Fuels: Market Adoption and Deployment of New Technology Moderator: Paolo Frankl, Head of Renewable Energy Unit, International Energy Agency

Panelists:
  • Guatam Bhandari, Executive Director, Morgan Stanley
  • Kadri Nassiep, CEO, South African National Energy Research Institute
  • Fernando Reinach, General Partner, Votorantim Ventures
  • Steve Gatto, Chairman, Chief Executive Officer, Bioenergy International
  • John Plaza, President/Founder, Imperium Renewables
Open Discussion

11:00 – 12:30 p.m. Agriculture, Forestry and Rural Development Concurrent Ministerial Level Sessions

B1. Sustainability, Technology, and Development Moderator: Claudia McMurray, Assistant Secretary of State for Oceans, Environment and Science, United States Department of State

Panelists:
  • Juan Pablo Bonilla, Sustainable Energy and Climate Change Initiative Coordinator, Inter-American Development Bank
  • Prodipto Ghosh, Senior Advisor to Prime Minister of India and Distinguished Fellow, The Energy and Resources Institute
  • William D. Dar, Director General of the International Crops Research Institute for the Semi-Arid Tropics
  • Rashmi S. Nair, Team Lead, Regulatory Product Characterization & Global Scientific Affairs, The Monsanto Company
  • Manoel Vincente Bertone, Secretary for Production and Agro Energy, Ministry of Agriculture, Brazil
Open Discussion

B2. Rural and Economic Development Moderator: James R. Kunder, Deputy Administrator, United States Agency for International Development

Panelists:
  • Jamal Saghir, Director for Energy, Transport, and Water, World Bank
  • Sarah Adams, CEO, GVEP International (Global Village Energy Partnership)
  • Doug Faulkner, Deputy Under Secretary for Rural Development, United States Department of Agriculture
  • Yasuo WATANABE, Deputy Director General, Minister’s Secretariat, Ministry of Agriculture, Forestry and Fisheries (MAFF), Japan
Open Discussion

B3. Development of Biobased Products Industry (NON-Fuels) Moderator: Roger H. Conway, Director, Office of Energy Policy and New Uses, United States Department of Agriculture

Panelists:
  • John Renieri, Vice President and General Manager, Bio-Based Materials – Energy & Specialties, DuPont
  • Ibrahim Togola, Director, Mali Folkecenter / CURES Network, Citizens United for Renewable Energy and Sustainability, Mali.
  • Boyd Rutherford, Chair, USDA Sustainable Operations Council, Assistant Secretary for Administration, United States Department of Agriculture
Open Discussion

B4. The Role of Forestry in Renewable Energy Moderator: Mark Rey, Vice Chairman, Secretary’s Energy Council and Under Secretary for Natural Resources and Environment, United States Department of Agriculture

Panelists:
  • Donna Harman, President and CEO, American Forest & Paper Association
  • Mauri Pekkarinen, Minister of the Economy, Finland
  • Sundar Bajgain, Head Biogas Programs, Bangladesh
  • Tom Richardson, Chief Executive Officer, Scion Group
Open Discussion

11:00 – 12:30 p.m. State and Local Authorities Concurrent Ministerial Level Session

C1. Renewable Energy Policy & Financing Initiatives: Lessons Learned and Emerging Strategies The purpose of this session is to discuss state and local authorities and local authority driven initiatives to advance markets and projects. Co-Moderators: Virginia Sonntag-O’Brien, Coordinator, UNEP Sustainable Energy Finance Initiative – SEFI and Mihir Kumar Mohanty, Mayor of Bhubaneswar, India

Panelists:
  • Gunnhild Utkvitne, Director, Baltic Sea Solutions
  • Mark Sinclair, Director, Clean Energy States Alliance (U.S.)
  • Dieter Salomon, Lord Mayor, Freiburg, Germany
  • Javier Garcia Monge, Energy and CDM Investment, Investment and Development Division”, Corfo, Chile
  • Patrick J. D’Addario, President, Fiorello H. LaGuardia Foundation
Open Discussion

12:30 – 2:30 p.m. Lunch: Ministers and Invitation Only

Host: Ed Schafer, Secretary, United States Department of Agriculture

Speaker: George E. Pataki, Former Governor of New York, Founder and Chairman of Pataki-Cahill Group

Speaker: Robert Mosbacher, Jr., President and CEO, U.S. Overseas Private Investment Corporation (OPIC)

12:30 – 2:00 p.m. Renewable Energy Luncheon Event for Parliamentarians By Invitation Only Northeast Curtain Room (LJ230) Jefferson Building Library of Congress

2:30 – 4:00 p.m. Plenary Session Research and Development

Moderator: Peter Robertson, Vice Chairman, Chevron Corporation

  • Speaker: Walter Kohn, Department of Physics, University of California, Santa Barbara, Santa Barbara, Nobel Laureate (Chemistry, 1998)
  • Speaker: Ossur Skarphedinsson, Minister of Industry, Iceland
  • Speaker: John Holdren, Teresa and John Heinz Professor of Environmental Policy, Harvard University and member of the National Academy of Sciences and Engineering
  • Speaker: Li Junfeng, Secretary General, Chinese Renewable Energy Industries Association
  • Speaker: Arthouros Zervos, President European Wind Energy Association, President European Renewable Energy Council

    Open Discussion

2:30 – 4:00 p.m. Market Adoption and Finance Concurrent Ministerial Level Sessions: These sessions focus on enabling renewable energy uptake in mature markets.

A4. Grid-Connected Generation in Mature Markets Moderator: Binyamin Ben-Eliezer, Minister of National Infrastructure, Israel

Panelists:
  • Christopher Eckerberg, Vice President and Head of Public Affairs, Vattenfall
  • John Cavalier, Vice Chairman, Credit Suisse Securities
  • Pat Wood III, Principal, Wood3 Resources and Past Chairman of Advisory Board, Airtricity North America
Open Discussion

A5. Distributed and off-grid generation in Mature Markets Moderator: Wolfgang Palz, Chair, World Council for Renewable Energy

Panelists
  • Thomas Dinwoodie (Confirmed), CEO, SunPower’s PowerLight Subsidiary
  • Mit Mehta, Principal, CCMP Capital Advisors, LLC
  • Hannes Smárason, Chairman, Geysir Green Energy
  • Peter Duprey, CEO, Acciona North America
Open Discussion

A6. Renewable Fuels in Mature Markets Moderator: Harry Duynhoven, Associate Minister of Energy and Minister of Transport Safety, New Zealand

Panelists
  • Paul Vikner, President and CEO, Mack Trucks
  • Mark Fulton, Managing Director, Global Head of Strategic Planning and Climate Change Strategist, Deutche Bank
  • Don Paul, Vice President – Special Projects, Chevron Corporation
  • Mary Beth Stanek, Director of Environment, Energy, and Safety Policy, General Motors Corporation
Open Discussion

2:30 – 4:00 p.m. State and Local Authorities Concurrent Ministerial Level Session

C2. Economic Development & Renewable Energy The purpose of this session is to explore various economic development tools state and local governments can employ to support key technology companies, the further commercialization of cutting-edge, employment generating renewable technologies, and the development of successful local and international markets for them.

Co-Moderators: Katie McGinty, Secretary, State of Pennsylvania: Energy Independence Strategy and Mrs. Aparajita Sarangi, Municipal Commissioner, Bhubaneswar Municipal Corporation, India

Panelists:
  • Paul Tonko, President, NYSERDA, State of New York, Innovative Business Development
  • Marta Bonifert, Executive Director, Regional Environmental Center for Central and Eastern Europe
  • Tom Delay, Chief Executive, UK Carbon Trust
  • Stephen Kabuye, Mayor of Entebbe, Uganda
  • Kaspars Gerhards, Minister of Economics, Latvia
Open Discussion

4:00 – 4:30 p.m. Networking Coffee Break

4:30 – 6:00 p.m. Concurrent Sessions: Market Adoption and Finance (3); Research and Development (4); and State and local authorities

4:30 – 6:00 p.m. Market Adoption and Finance Concurrent Ministerial Level Sessions: These sessions focus on enabling renewable energy uptake in emerging markets.

A7. Grid-Connected Generation in Emerging Markets Moderator: David Bohigian, Assistant Secretary for Market Access and Compliance, U.S. Department of Commerce

Panelists:
  • V. Subramanian, Secretary to Government of India, Ministry of New and Renewable Energy
  • Noam Ben-Ozer, Managing Director, Focal Energy
  • V.K. Garg, Chairman and Managing Director, Power Finance Corp
  • Dana Younger, Senior Advisor for Renewable Energy and Sustainability, Infrastructure Department, International Finance Corporation (IFC)
  • Jeffrey Sachs, Director of The Earth Institute, Quetelet Professor of Sustainable Development, and Professor of Health Policy and Management, Columbia University
Open Discussion

A8. Distributed and off-grid generation in Emerging Markets Moderator: Mark Radka, Energy Programme Coordinator, United Nations Environment Programme (UNEP)

Panelists:
  • Amina Benkhadra, Minister of Energy, Mines, Water, and Environment. Morocco
  • Leandro Alves, Head of Energy Division, Inter-American Development Bank (IDB)
  • Christopher Flavin, President, Worldwatch Institute
  • Anthony Orlando, President and CEO, Covanta Energy
  • Angelo Reyes, Secretary, Department of Energy, Republic of the Philippines

Open Discussion

A9. Renewable Fuels in Emerging Markets Moderator: Hernan Martinez Torres, Minister, Ministry of Energy and Mines, Colombia

Panelists:
  • Yusof Basiron, CEO, Malaysian Palm Oil Council
  • Nancy Floyd, Founder and Managing Partner, Nth Power
  • José Sergio Gabrielli de Azevedo, President and CEO, Petrobras
  • Anil Cabraal, Lead Energy Specialist, World Bank
  • Glenn Prickett, Senior Vice President, Conservation International
Open Discussion

4:30 – 6:00 p.m. State and Local Authorities Concurrent Ministerial Level Session

C3. Renewable Energy Collaboration Opportunities: Creating national and Sub-national Partnerships: Today, state decision-makers enact and implement the policies, programs, and plans that are key drivers of renewable energy technology market transformation within their borders. This panel will explore how national and sub-national entities can and are working together more effectively to leverage each sector’s particular strengths and resources to maximize renewable technology progress.

Moderator: Paul Suding, Head of Secretariat, REN21

Panelists:
  • Marianne Osterkorn – International Director, Renewable Energy and Energy Efficiency Partnership
  • Kijune Kim, Chair of the Asia Pacific Partnership for Clean Development and Climate, Renewable Energy Distributed Generation Task Force, South Korea
  • Robert Meyers, Acting Assistant Administrator for the Office of Air and Radiation, United States Environmental Protection Agency
  • Marty Sedler, Global Utilities Director, Intel Corporation

Open Discussion

4:30 – 6:00 p.m. Concurrent Ministerial Level Sessions for Research and Development

D1. Bioenergy Feedstocks Moderator: Gale Buchanan, Under Secretary for Research, Education, and Economics, United States Department of Agriculture

Panelists:
  • Miles Drake, Senior Vice President, Research & Development, Weyerhaeuser Company
  • Kepler Euclides Filho, Executive Director of EMBRAPA, Brazil
  • Timothy Searchinger, Woodrow Wilson School, Princeton University

Open Discussion

D2. Bioenergy Conversion Processes Moderator: Ray Orbach, Under Secretary for Science, Office of Science, United States Department of Energy: Introduction to the topic

Panelists:
  • Jan-Eric Sundgren, Senior Vice President Environment and Public Affairs, Volvo Group
  • James A. Dumesic, Professor of Engineering, University of Wisconsin
  • Bruce E. Dale, Editor In Chief, Biofuels, Bioproducts & Biorefining; Associate Director: Office of Biobased Technologies; and Professor: Department of Chemical Engineering and Materials Science, Michigan State University
  • David B. Sandalow, Senior Fellow Foreign Policy, The Brookings Institute Open Discussion

D3. Wind and Solar Moderator: Joachim Luther, Chairman of the International Science Panel on Renewable Energies (ISPRE)

Panelists:
  • Dan Arvizu, Director, National Renewable Energy Laboratory
  • Nathan Lewis, George L. Argyros Professor of Chemistry, Cal Tech
  • Arnold Goldman, Founder & Chairman of BrightSource Energy, Inc. and the Founder & Chairman of LUZ II, Ltd (Israel)
Open Discussion

D4. Ocean, Tidal, Geothermal, Hydro and Hydrogen

Panelists:
  • Liv Monica Stubholt, Deputy Minister, Ministry of Petroleum and Energy, Norway
  • Kristjan Guy Burgess, Executive Director, Global Center, Iceland
  • Jose Achache, Director, Group on Earth Observations Secretariat, Geneva, Switzerland
  • Thorsteinn Sigfusson, Professor of Physics, University of Iceland, Iceland.
Open Discussion

6:00 – 7:30 Optional Conference Activities Reception Third Level Other

Thursday, March 6, 2008

7:30 – 8:30 a.m. Registration

Breakfast in Pre-function Area

8:30 – 10:00 a.m. Opening Plenary: Presentation of findings from focal theme discussions

Co – Moderator: Reno Harnish, Principal Deputy Assistant, Secretary of State, United States Department of State

Co – Moderator: Allan Johnson, Senior Advisor to the Under Secretary for Rural Development, United States Department of Agriculture

Agriculture, Forestry and Rural Development – Thomas Dorr, Chairman, Secretary’s Energy Council, Under Secretary for Rural Development, United States Department of Agriculture

Market Adoption and Finance – Gregory Manuel, Special Advisor to the Secretary of State and International Energy Coordinator, United States Department of State = Research and Development – Millie Dresselhaus, Institute Professor, Massachusetts Institute of Technology (M.I.T.), United States

Regional Findings – Buyelwa Sonjica, Minister, Ministry of Minerals and Energy, South Africa

10:00 – 10:30 a.m. Networking Coffee Break

10:30 – 12:00 p.m. Pledges and Commitments

James L. Connaughton, Chairman, White House Council on Environmental Quality

12:00 – 12:30 p.m. Closing Remarks and Announcements

Paula Dobriansky, Under Secretary of State for Democracy and Global Affairs, United States Department of State

12:30 – 2:00 p.m. Lunch: Ministers and Invitation Only

Host: Paula Dobriansky, Under Secretary of State for Democracy and Global Affairs, United States Department of State

Speaker: Graeme Wheeler, Managing Director, Operations, The World Bank Group

Interior Holding Back Polar Bear Decision; CBD Sues Over Penguins

Posted by Brad Johnson Mon, 03 Mar 2008 12:47:00 GMT

At last week’s House Appropriations hearing on the FY 2009 Fish and Wildlife Service budget, FWS chief Dale Hall was grilled on the service’s implementation of the Endangered Species Act. The Bush administration has listed dramatically fewer species than previous administrations after dramatically reinterpreting the Act under Secretary Gale Norton’s “New Environmentalism” initiative to limit its protections for critical habitats. Further, Deputy Secretary Julie MacDonald was found to have interfered with a series of listing decisions (such as the prairie dog and sage grouse) until her dismissal in 2006.

Hall stated that he finally submitted his decision on the endangerment of polar bears due to climate change to Dirk Kempthorne, the Secretary of the Interior, saying that he expected a final decision to come in a few weeks. Hall justified the further delay to reporters: “It needs to be reviewed and explained to Interior, it can take a while to understand.”

On February 27, the Center for Biological Diversity announced a lawsuit protesting the FWS’s illegal delay on considering the endangerment of ten species of penguins:
The legal deadline at issue in today’s suit was triggered by a scientific petition the Center filed in November 2006 seeking Endangered Species Act protection for many of the world’s most threatened penguin species, including the emperor penguin in Antarctica. In July 2007, the U.S. Fish and Wildlife Service took the first of the three steps in the listing process when it found that 10 penguin species may deserve protection and began status reviews for those species. The Fish and Wildlife Service’s finding for the 10 penguin species triggered the duty to decide by November 29, 2007, whether the penguins qualify for listing under the Endangered Species Act, and if so, to propose them for listing. That decision is now more than two months overdue.

EPA Releases California Waver Denial Justification

Posted by Brad Johnson Fri, 29 Feb 2008 18:03:00 GMT

As previewed by Warming Law yesterday, the EPA today released the formal justification for publication in the Federal Register to back up administrator Stephen L. Johnson’s December decision to deny California’s waiver request after months of delay. California requested the Clean Air Act waiver in 2005 to permit implementation of the state’s Global Warming Solutions Act (AB 32), which would regulate tailpipe greenhouse gas emissions.

Johnson withstood withering criticism in Wednesday’s EPW budget hearing the same day Sen. Boxer, chair of the Senate committee, released documents showing top EPA officials supported the waiver.

The formal decision document includes this thread of novel legal interpretation (supported by John Dingell (D-Mich.)):
I find that it is appropriate to review whether California needs its GHG standards to meet compelling and extraordinary conditions separately from the need for the remainder of California’s new motor vehicle program. I base this decision on the fact that California’s GHG standards are designed to address global climate change problems that are different from the local pollution problems that California has addressed previously in its new motor vehicle program. . . Given the different, and global, nature of the pollution at issue, it is reasonable to find that the conceptual basis underlying the practice of considering California’s motor vehicle program as a whole does not apply with respect to elevated atmospheric concentrations of GHGs. . . . While I find that the conditions related to global climate change in California are substantial, they are not sufficiently different from conditions in the nation as a whole to justify separate state standards.

Staff and outside assessments of this argument have consistently concluded it is not legally tenable. It was received with full condemnation by Sen. Boxer and Rep. Ed Markey (D-Mass.), Global Warming chair; Frank O’Donnell of Clean Air Watch writes that the decision “reads like something written up in the boardroom of General Motors or a law firm working for car companies.”

Johnson also argues in a footnote that this decision is not intended to weigh in on the EPA’s obligation to make a health endangerment finding for greenhouse emissions:
This document does not reflect, and nothing in this document should be construed as reflecting, my judgment regarding whether emissions of GHGs from new motor vehicles or engines cause or contribute to air pollution “which may reasonably be anticipated to endanger public health or welfare,” which is a separate question involving different statutory provisions and criteria . . .
This despite the findings section which includes (p. 41):
Severe heat waves are projected to intensify in magnitude and duration over the portions of the U.S. where these events already occur, with likely increases in mortality and morbidity, especially among the elderly, young and frail. Ranges of vector-borne and tick-borne diseases in North America may expand but with modulation by public health measures and other factors.

Competitiveness and the Future of Carbon Trading: A View from Europe

Posted by Brad Johnson Fri, 29 Feb 2008 15:00:00 GMT

The Environmental and Energy Study Institute (EESI) invites you to a briefing addressing the efficiency of a cap-and-trade approach to controlling carbon emissions. The cap-and-trade approach is often set against concerns about its possible impact on industrial competitiveness. These and related concerns led to significant excess allocation of free allowances in the first phase of the European Union’s Emissions Trading Scheme (EU ETS), which caps carbon from five major trading industrial sectors, in addition to power generation.

  • With the first phase of the EU ETS now complete and the system in its second (Kyoto) phase, what has been learned to date?
  • What is now proposed for the future of the EU ETS beyond 2012 – with the recent structure proposed for a third term, right out to 2020?
  • And what may the EU ETS experience and future plans imply for the international effort to control climate change?

The EU ETS covers 45 percent of European CO2 emissions. Concerns about the loss of industrial competitiveness and leakage of CO2 emissions remain one of the major barriers to placing more robust CO2 mitigation obligations on industrial sectors in the EU. A January 15 report by Climate Strategies, “Differentiation and Dynamics of EU ETS Industrial Competitiveness Impacts,” analyzes what would happen if Europe presses ahead with strong CO2 prices without waiting for similar policies elsewhere. The study finds that competitiveness and leakage concerns are no threat to the viability of the EU ETS overall, but can be analyzed and addressed for the individual sectors affected. Various policy instruments are available, and the best option can be selected individually for each of the affected sectors.

Speaker:
  • Dr. Michael Grubb, Chief Economist, Carbon Trust; Professor, Cambridge Faculty of Economics; and Contributing Author, Differentiation and Dynamics of EU ETS Industrial Competitiveness Impacts

Professor Michael Grubb is Chief Economist at the UK’s Carbon Trust, the $200 million/year public-private partnership established by the UK government and business to kick-start the UK’s transition to a low carbon economy. He combines this with academic positions at Cambridge University and Imperial College London. Prof. Grubb was also recently appointed to the UK government’s Committee on Climate Change, being established under the UK Climate Change Bill, with statutory powers to advise the UK government on future carbon reduction targets and to monitor government progress towards those targets.

This briefing is free and open to the public. No RSVP required. For more information, contact Fred Beck at [email protected] or 202-662-1892.

EPA Set to Issue Legal "Justification" for CA Waiver Denial

Posted by Warming Law Thu, 28 Feb 2008 22:23:00 GMT

Reporting yesterday on this week’s developments in the California clean cars saga, the Wall Street Journal’s Stephen Power revealed that "the EPA is expected to fire back this week by publishing data and research to support Mr. Johnson’s decision." Today’s Philadelphia Inquirer confirmed that such a document should "be released by tomorrow" via Johnson’s response to grilling on the waiver decision during a Senate hearing on EPA’s budget. (Regular readers may recall that his December announcement of the waiver denial was notably brief, resulting in much speculation since as to whether Johnson had fully determined his legal rationale before he made his mind up.)

We’ve been anticipating EPA’s belated justification, which is expected to be placed in the Federal Register, for some time now—both in terms of Johnson’s public promises and as a legal strategy in fighting California’s lawsuit. In a move that is probably not coincidental, EPA filed a motion last week asking the 9th Circuit to dismiss the existing case. Warming Law is still working to obtain EPA’s motion, but we’ve written previously on both its likely rationale, and on the unprecedented legal argument that Johnson will likely make to claim his actions can be justified under the Clean Air Act.

If Johnson goes this route, the legal effect would be one of giving the Administrator’s judgment extremely strong deference under Section 209 of the Clean Air Act. He would be interpreting the law in a way that his staff told him is legally impossible even if they accepted the auto industry’s criteria for judging waiver requests, and doing so based on the arguments that he:

1) Is legally empowered to break with agency precedent regarding what constitutes "compelling and extraordinary" conditions—instead adopting the "exclusive and unique" argument that Tuesday’s document release shows was first advanced in March 2006 by Bill Wehrum, a political appointee with prior ties to the auto industry (Wehrum has since left the EPA, and was recently spotted testifying in favor of a pair of coal-fired plants that Kansas regulators shot down last year based on global warming concerns).

Former EPA Administrator William Riley, who served under President Bush’s father, highlighted the historic scope of Johnson’s actions when he revealed yesterday that he was the receipient of impassioned talking points that agency staff prepared for him to press with Johnson. In his conversations with Johnson, Reilly focused on the argument that legal text, congressional intent and longstanding precedent all point to extreme deference for California’s wishes, and noted that the administrator need not agree with the state in order to let it move forward (emphasis added):

[In a telephone interview, Reilly told the Times] he emphasized that when he was the administrator, he approved nine requests from California, even one that he thought would not work, electric cars, but that he thought federal law required him to let the state try.

2) Also is empowered to declare climate change an intrinsically global problem that California need not employ its own standards for. This rationale, of course, stands in contrast to the thrust of the Supreme Court’s decision in Massachusetts v. EPA, and would also need to discount the state’s strong evidence that it is exceptionally vulnerable to global warming’s impact.

The Inquirer also reported that Johnson’s also gave generally evasive responses yesterday to questions from Senator Barbara Boxer (D-CA) and Senator Sheldon Whitehouse (D-RI), regarding both his legal rationale and possible White House influence—with regards to the latter, Johnson claimed that the White House is still reviewing email communications and other documents that Boxer has yet to receive (and placed under a subpoena threat). Regarding the legal advice of his staff and Reilly, he reiterated that he has always sought out diverse opinions but the waiver decision was ultimately his alone to make.

Senator Whitehouse, for his part, later angrily compared Johnson’s testimony to that given by former Attorney General Alberto Gonzales during last year’s hearings on the dismissal of U.S. attorneys.

International Deforestation and Climate Change Adaptation

Posted by Brad Johnson Thu, 28 Feb 2008 19:30:00 GMT

Witnesses
  • The Honorable Stuart Eizenstat, Partner, Covington & Burling, Sustainable Forestry Management, Ltd.
  • Heather McGray, Senior Associate, World Resources Institute

Nuclear Regulatory Commission oversight, focusing on the security of our nation's nuclear plants

Posted by Brad Johnson Thu, 28 Feb 2008 15:00:00 GMT

Older posts: 1 ... 64 65 66 67 68 ... 90