Multiple States to Join California Lawsuit Against EPA's Delay on Waiver

Posted by Brad Johnson on 10/26/2007 at 03:55PM

As discussed by Sean Siperstein at Warming Law, Washington governor Christine Gregoire announced last week that her state would join California when it files suit against the EPA for delay on the waiver petition to allow California and 11 other states to regulate CO2 emissions from automobiles (“clean car” regulations). This week the New York Times reported that New York and the other states intend to join the lawsuit as well.

California intended to file suit against the EPA on Monday, 181 days after its request for action following the U.S. Supreme Court decision in Massachusetts vs. EPA:

We provided 180-day notice on April 26, 2007, of our intent to sue under the Clean Air Act and Administrative Procedure Act, which provide mechanisms for compelling delayed agency action. However, we had frankly held out hope that this dispute would be resolved without the time and expense of a lengthy court battle. Given your comments in front of the Special Committee and the work of the U.S. Department of Transportation, a lawsuit on the 181st day now appears to be inevitable.

The filing of the lawsuit has been delayed by the raging wildfires in California.

Enviro Group Climate Legislation Principles

Posted by Brad Johnson on 10/24/2007 at 08:09AM

As Lieberman-Warner has its first hearing, Sierra Club, Audobon, Physicians for Social Responsibility, U.S. PIRG released these seven principles for climate change legislation:

  • Reform energy policy: New national energy policies should encourage efficiency, innovation, competition, and fairness. We need more aggressive energy efficiency policies for electricity and buildings, increased CAFE standards like those passed by the Senate, and the renewable electricity standard included in the House energy bill.
  • Promote a clean energy future: Invest in energy efficiency and renewable energy to create new industries and good jobs here at home.
  • Cap and cut carbon emissions to science-based levels: Science tells us in order to prevent the worst impacts of global warming we must start cutting global warming pollution by 2012, with reductions in total U.S. greenhouse gas emissions of at least 15 to 20 percent below current levels by 2020 and 80 percent by mid-century.
  • Use all public assets for public benefit: The value of carbon permits should benefit the public – through auctions or other mechanisms – not generate windfalls for polluting industries. Free allocations, if any, must be limited to a short transition period.
  • Ensure a just transition: Allowances should be used to help finance a just transition that keeps and creates jobs, reduces impacts on low-and moderate-income citizens, and mitigates harm to affected workers and communities.
  • Provide aid to adapt to an altered climate: Allowances should be used to help distressed and impoverished people around the world, as well as wildlife and ecosystems in the face of global warming’s varied threats.
  • Manage costs without breaking the cap. “Safety valves” and other devices that break the cap on emissions must not be allowed. Any offsets must be real, surplus, verifiable, permanent, and enforceable.

House Passes Energy Storage and Industrial Energy Efficiency Bills

Posted by Brad Johnson on 10/22/2007 at 08:29PM

The House passed HR 3775 and 3776 today, both authored in the House Committee on Science and Technology.

Rep. Bart Gordon’s (D-TN) H.R. 3776, the Energy Storage Technology Advancement Act of 2007, provides for research, development, and demonstration programs to accelerate the development of advanced energy storage systems for vehicular, stationary, and electricity transmission and distribution applications, and support the ability of the United States to remain globally competitive in this field.

Endorsing groups include the Edison Electric Institute, American Electric Power, the Electric Drive Transportation Association, Johnson Controls, and Southern California Edison.

Rep. Nick Lampson’s (D-TX), H.R. 3775, the Industrial Energy Efficiency Research and Development Act of 2007, authorizes and supports research, development, demonstration, and commercial application of new industrial processes and technologies that will optimize energy efficiency, environmental performance, and economic competitiveness of energy intensive industries. It also enhances ongoing efforts through better coordination of interdepartmental research, and expands Industrial Assessment Centers programs at universities to promote student training and adoption of energy efficient technologies and practices by small and medium-sized industries.

The budget for Industrial Technologies Program has decreased dramatically in recent years. The Fiscal Year 2007 budget request for Industrial Technologies was $45.6 million, an $11.3 million reduction from the Fiscal Year 2006 Appropriation. By comparison, appropriated levels as recently as Fiscal Year 2000 were as high as $175 million. These funding levels reflect a dramatic shift in priorities away from industrial efficiency R&D. H.R. 3775 works to restore this program and ensure continued gains in industrial energy efficiency and environmental performance through collaborative research and development.

Endorsing groups include the National Association of Manufacturers, the Industrial Energy Consumers of America and the Association of Materials Manufacturing Excellence.

Congress Nears Conference on Energy Bill

Posted by Brad Johnson on 10/22/2007 at 06:12PM

From CQ:

After negotiations with key Republicans, Senate Majority Leader Harry Reid said Friday he was prepared to seek a conference with the House on energy policy legislation.

“The Speaker wants to go to conference. I want to go to conference,” Reid, D-Nev., said on the floor Friday. “We know we can’t do a bill unless we include the Republicans in it.”

The unanimous consent to move to conference was blocked on a procedural basis by John Cornyn, R-Texas, Friday afternoon because many senators were traveling, but no objections were expected this week.

That said, the battle over CAFE standards remains strong, with the auto industry lobbying hard for the weaker Hill-Terry language (HR 2927). Last week GM Chairman and CEO Rick Wagoner met with Al Hubbard, director of the National Economic Council, Nicole Nason, the administrator of the National Highway Traffic Safety Administration, and EPA officials, and Ford CEO Alan Mulally is expected in DC this week.

Meanwhile, the natural gas industry is calling for expanded drilling:

The American Petroleum Institute, Independent Petroleum Association of America, and seven other trade associations representing natural gas producers, pipelines, and consumers jointly expressed strong concern Oct. 19 about US House energy legislation that they believe would reduce instead of increase domestic gas supplies. . . . The 2005 Energy Policy Act contains several provisions to encourage production in frontier areas, including ultradeep water, ultradeep gas, and offshore Alaska, which HR 3221 seeks to repeal, they said.

NRDC Action Forum Gets NYT Style Treatment

Posted by Brad Johnson on 10/21/2007 at 06:28PM

New York Times:

When you are the wife of a movie mogul, you can do more than simply complain about the unusual weather that is wreaking havoc with your favorite surf break. Equipped with a Hollywood aura and impeccable social connections — not to mention sheaves of data-filled talking points — you can count on at least 20 minutes’ worth of respectful attention in Washington, with legislators willing to throw open their doors for activists who share the last names of some deep-pocketed donors.

Which is why a team of eco-wives from the entertainment industry descended on Washington last week, hoping to ride a bit of the momentum from Al Gore’s Nobel Peace Prize in a city that can be unusually receptive to Hollywood celebrity, even if it has been deadlocked over environmental legislation this year.

The Natural Resources Defense Council Action Forum was founded in 2000 by Laurie David and Elizabeth Wiatt, pulling in six other Hollywood wives by 2004. It’s being renamed to the Leadership Council.

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Lieberman-Warner Co-Sponsors

Posted by Brad Johnson on 10/19/2007 at 09:42PM

The intial co-sponsors of Lieberman and Warner’s America’s Climate Security Act (S. 2191) are:

Cardin, Casey, and Klobuchar are also co-sponsors of Sanders-Boxer (S. 309). Casey and Harkin are co-sponsors of Binagaman-Specter (S. 1766). Coleman, Collins, and Klobuchar are co-sponsors of McCain-Lieberman (S. 280).

Casey is the author of the Climate Change Worker Assistance Program provision in S 2191.

Coleman is the chair of the Senate biofuels caucus.

Harkin is the chair of the Senate Agriculture Committee.

Klobuchar is the author of the Greenhouse Gas Registry provision in S 2191 (introduced as S 1387).

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Kansas Blocks New Coal Plants

Posted by Brad Johnson on 10/18/2007 at 03:46PM

Following the precedent of Massachusetts vs. EPA, Roderick L. Bremby, Secretary of the Kansas Department of Health and Environment, announced today that he is denying air quality permits to the Sunflower Electric Power Corporation for the construction of two 700-megawatt coal-fired electric generation plants.

I believe it would be irresponsible to ignore emerging information about the contribution of carbon dioxide and other greenhouse gases to climate change and the potential harm to our environment and health if we do nothing.

The Sunflower project was projected to release an estimated 11 million tons of carbon dioxide annually.

Update Read reports from Kansas City Star, Environmental News Service, Washington Post; commentary from the Wichita Eagle, Open Left, A Change in the Wind, Climate Change Action, Gristmill.

Timeline below the jump.

PG&E, Boxer, Sanders respond to Lieberman-Warner

Posted by Brad Johnson on 10/18/2007 at 03:00PM

More on the Lieberman-Warner legislation….

PG&E

We believe America’s Climate Security Act provides a solid starting point for constructively advancing a comprehensive, national response to and policy on climate change. Senators Lieberman and Warner have developed a thoughtful proposal that recognizes the urgent need for action by designing a program to achieve significant emission reductions from all sectors of the economy.

From Nature, Sen. Barbara Boxer:

Today will be remembered as a turning point in the fight against global warming. We have the framework here. Every single issue that any one could raise about global warming has been raised in this bill, giving us the perfect place to start.

Sen. Bernie Sanders is more critical:

“The problem is even worse than many have previously suggested,” Sanders said. “If anything, the legislation Senator Boxer and I introduced in January, the strongest legislation introduced in Congress to address global warming, is probably too conservative to address the problem. It is likely that we should be even more aggressive in our targets and timetables for mandatory reduction of greenhouse gas emissions.”

In a Senate floor statement, Sanders cited the views of major environmental groups on the Lieberman-Warner legislation.

Initial Responses to Lieberman-Warner

Posted by Brad Johnson on 10/18/2007 at 07:56AM

Environmental organizations have begun responding to the release of the Lieberman-Warner legislation.

Friends of the Earth

Global warming legislation expected to be introduced tomorrow could provide giveaways worth hundreds of billions or even trillions of dollars to polluting industries, according to an analysis of a draft of the legislation conducted by Friends of the Earth. . . . The Friends of the Earth analysis found that the coal industry in particular stands to benefit from this legislation, precisely because it is currently the industry most responsible for global warming pollution. Depending on market conditions, the coal industry could receive permits worth up to $231 billion in the first year alone, 48 percent of the total permit allocation.

Environmental Defense

Lieberman and Warner have paved the way for a historic committee vote on a bill that promises to make great strides toward climate security and economic growth. Thanks to their thoughtful approach we’re moving beyond talk and quickly toward action. . . . The emissions goal is aggressive in the short-term and that will have a real impact on investment decisions made now. Most scientists say we need to cut U.S. emissions by about 80 percent, and we continue to believe that deeper reductions are needed long-term. This bill is a good start in that direction, and we will continue to work toward those longer term reductions.

Sierra Club

The bill is a significant political step forward for the U.S. Congress, but unfortunately the legislation as introduced still falls short what is demanded by the science and the public to meet the challenge of global warming. . . .The Lieberman-Warner bill, as introduced, leaves us in serious danger of reaching the tipping points that scientists tell us could lead to catastrophic changes to the climate. Polluters should pay for what they do and any bill must allocate allowances for the public benefit, not private windfalls.

The Sierra Club finds that the bill falls short of the standards of scientific integrity and economic fairness, calling for an economy-wide cap of 20% by 2020 and 80% by 2050, and full auction of emissions allowances.

NRDC

Although this bill is a strong start, NRDC supports changes that would improve the bill by ensuring that emission reductions keep pace with the science, and by reducing free allocations and directing additional resources to provide more support for critical program features, including consumer and low-income protections, safeguards for affected workers, and faster deployment of energy efficiency and renewable energy solutions.

Clean Air Watch

From our standpoint, it’s a good-faith political compromise, but it seems very unlikely to go very far unless President Bush does an unexpected 180 degree reversal. And it’s got some very significant warts.

Clean Air Watch criticizes the giveaway of emissions credits and notes that the actual reductions in the bill come out to about 51% of overall US emissions by 2050 because the cap is not economy-wide.

Earthjustice

We applaud Senators Joe Lieberman and John Warner for their leadership on global warming. . . . While we commend several of the improvements Senators Lieberman and Warner made to their bill, such as increasing the 2020 target to a 15% reduction in covered sectors and recognizing the vital check-and-balance role that enforcement must play in any climate bill, their bill must be strengthened in some vital areas.

Earthjustice calls for economy-wide coverage, an 80% reduction (not 51-63% reduction) by 2050, increased auction, and the restoration of funding for international relief.

Nature Conservancy

The Lieberman-Warner bill offers a strong starting point for action. . . . We are especially pleased by the commitment to conservation and protecting wildlife and habitat reflected in the bill. Senators Warner and Lieberman have been leaders in recognizing the magnitude of the challenge climate change poses for the natural world and for all of us.

League of Conservation Voters

Today’s introduction of America’s Climate Security Act marks an important step by this Congress to address the urgent problem of global warming. We applaud Senators Joe Lieberman and John Warner for their leadership and for their bipartisan commitment to moving America closer to real solutions to this very urgent problem. . . . We will continue to work to increase the reduction targets and the sectors covered in both the near and long term. We will also work to significantly increase the amount of allowances toward our goal of 100 percent auction, while ensuring that the auction revenues go to directly helping consumers, to increasing renewable energy and energy efficiency, and to helping impacted populations adapt to global warming both at home and abroad.

National Wildlife Federation

This is a bipartisan breakthrough on global warming that takes us a giant step closer to a historic vote in the United States Senate. I commend Senator Lieberman and Senator Warner for drafting a strong bill to protect people and wildlife from global warming.

Lieberman-Warner Releasing Draft Legislation: America's Climate Security Act

Posted by Brad Johnson on 10/18/2007 at 07:37AM

As reported at Gristmill, Sens. Lieberman and Warner intend to submit the draft of their cap-and-trade legislation, America’s Climate Security Act (S. 2191), today. The legislation incorporated suggestions from stakeholders to adjust some figures from the draft outline released at the beginning of August. Notably, the 2020 reduction from 2005 emissions levels is increased from 10% to 15% (the Sanders-Boxer target), and the peak auction percentage (reached in 2036) is increased from 52% to 73%. There are numerous other components, adjustments, and details.

How does Lieberman-Warner stack up to the Sanders-Lautenberg principles or the Step It Up 2 provisions?

Sanders-Lautenberg

  • CAP: The 2020 target is as strong as Sanders-Boxer, but the 2050 target is much weaker (67% by 2050 instead of 80%) and only 75% of emissions are regulated; there are numerous explicit provisions to loosen controls to protect the economy but none to change them to stabilize atmospheric concentrations of GHG; however, it calls for a report every three years looks at both economic and environmental impacts
  • POLLUTER PAYS: The bill does not transition quickly to a full auction. Spending of auction revenues is generally in line with Sanders-Lautenberg, though large amounts go to CCS development
  • ENCOURAGE STATE LEADERSHIP: The bill explicitly rewards states with stricter standards than the federal cap
  • ADDITIONAL PROVISIONS: The bill includes green building standards and low-carbon fuel provisions, among others, but does not require new coal plants to have CCS
  • NO LOOPHOLES AND LIMITED OFFSETS: The annual caps may be temporarily increased by as much as 20% if later caps are tightened and companies pay interest on “borrowed” allowances; offsets are limited to 15% of allowances and are held to the Sanders-Lautenberg standard

Step It Up 2

  • GREEN JOBS: There is some funding for green jobs, but not 5 million by 2015
  • EFFICIENCY: There is not a federal efficiency standard of 20% greater efficiency by 2015
  • CAP: As decribed above, the cap is not economy-wide, and is 15% by 2020 and 67% by 2050, not 30% by 2020 and 80% by 2050
  • NO NEW COAL: There is not a moratorium on new coal plants without CCS

Full comparison of October release with the original August draft below the jump.