Indiana

EnergyWire: ELPC’s Learner Expresses Commitment to Advance Clean Energy Standards

EnergyWireIn Midwest, a Vow to Continue Clean Energy Push Under Trump
January 23, 2017
By Jeffrey Tomich

Across the Midwest, clean energy advocates will go to work today like they would on any other Monday.

They’ll engage with legislators, regulators and utilities on policies to advance wind, solar and energy efficiency and curtail emissions of greenhouse gases and other pollutants that affect the environment and public health.

Moving forward, of course, there is one obvious change. While green groups generally had backing from the White House over the last eight years, they now face a brisk headwind with Friday’s inauguration of President Trump.

Within minutes of taking the oath of office, the incoming administration scrubbed references to climate change from the White House web site and posted an energy policy summary that outlined plans to eliminate “harmful and unnecessary policies such as the Climate Action Plan.”

Clean energy advocates across the Midwest said the reversal in policy at the executive branch cannot overcome trends that are increasingly steering utilities away from coal and to cleaner sources of energy.

Solar panels are a fraction of their cost only a few years ago. Utilities and corporations are continuing to add thousands of megawatts of new wind generation across the Midwest. Energy demand is declining, or at least flat-lining even as local economies grow. And emissions are falling and aging coal plants are retiring.

“There’s a market transformation that’s going on that’s being driven by smart policies combined with technological improvements,” said Howard Learner, executive director of the Environmental Law and Policy Center, a Midwest environmental advocacy group.

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WGN Radio: Learner Talks Environmental Policy Under Trump Administration

wgnradiowlogo-wideWhat Can We Expect from President Donald Trump’s Environmental Policy?
January 19, 2017
With Justin Kaufmann

Howard Learner, President and Executive Director of the Environmental Law & Policy Center joins Justin to talk about Oklahoma Attorney General Scott Pruitt, President Donald Trump’s nominee to run the Environmental Protection Agency, Rick Perry, Trump’s nominee to lead the Department of Energy and what we can expect from President Trump’s environmental policy moving forward.

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Midwest Energy News: ELPC’s Howard Learner Remains Positive Despite Forthcoming Trump Administration

Midwest-Energy-News-LogoQ&A: Advocate Upbeat about Midwest as Trump Administration Looms
January 19, 2017
By Kari Lydersen

Howard Learner, executive director of the Environmental Law & Policy Center based in Chicago, spent the early 1980s fighting for fair housing laws and civil rights protections during the Reagan administration.

On the eve of Donald Trump’s inauguration, Learner lamented how he feels like the clock has turned back three decades, and he’s again in the position of fighting for basic protections and rights that many Americans have long embraced.

But Learner said he is up for the battle, and confident that public opinion, state and local politics and economics are on his side. 

Midwest Energy News talked with Learner about the impending Trump administration and the ELPC’s plans for the next four years. (EDITOR’S NOTE: This transcript has been updated for clarity)

Midwest Energy News: So how do you feel about the next four years?  

Learner: We have a plan, we’re geared up to fight back. The best defense is a good offense – we’re fired up and ready. At ELPC we need to step up and be prepared to act in the changing political landscape, we need to find ways to play to win both in terms of defense in Washington D.C. and the place we can play offense to achieve important progress in the states and the cities. The Midwest is a pretty good place for us to get things done.

What role does the Midwest play exactly in the struggle to protect the environment and clean energy during the Trump administration?

The American public and pragmatic Midwesterners strongly support core environmental values like clean air, safer drinking water and people being able to live in communities without toxic threats. And there’s strong bipartisan consensus in favor of clean energy development that’s good for jobs, economic growth, the environment.

There have been good examples in the Midwest that illustrate both points. The tragedy of contaminated water in Flint has made it clear to Democratic and Republican policymakers around the Midwest that the public won’t accept unsafe drinking water. It’s a bipartisan issue, it’s a nonpartisan issue.

Recently [Illinois Gov. Bruce] Rauner signed into law legislation to reduce the lead risk in the drinking water supply for children in public schools and day care centers…When it comes to clean safe drinking water and healthier clean air, there is strong mainstream public support for better protection by both the U.S. EPA and the state EPAs. They believe there are common sense solutions that we can carry forth, that transcend partisan urban-rural and other divides.

Are you saying that it will be up to governors and state legislatures to pass stronger laws in case the Trump administration weakens or does not enforce federal protections?

On the clean water, clean air and clean energy fronts, it’s clear we’re going to need to play defense in Washington D.C. Trump nominated Oklahoma Attorney General Scott Pruitt to be U.S. EPA Administrator.  Mr. Pruitt has spent his career as an Attorney General persistently suing the EPA to stop or stall standards to protect clean air and safe drinking water. It is the fox guarding the chicken coop. As the old saying goes, you hope for the best but you plan for the worst.

Unfortunately I expect that ELPC and our colleagues will have to file lawsuits to require the EPA to do its job and fulfill its responsibility, to protect healthy air and clean drinking water for people around our region.

The Trump transition team has indicated that they plan to greatly cut back EPA’s environmental enforcement. If EPA does step back on its environmental enforcement responsibilities, ELPC will help stand up to fill the gap. We’re hiring some additional public interest litigation attorneys. This is one of ELPC’s core strengths, and we are building upon it. This is a time in which public interest environmental litigation is needed both to defend the core environmental laws and to file citizen suits for environmental enforcement.

We have 20 environmental attorneys, and we are stepping up and hiring additional litigants. Secondly, we have created the expanded HELP program – the High-impact Environmental Litigation Program. After the election we got calls from a number of attorneys saying, “I want to help — give me a pro bono case I can do.” We are building upon and expanding on ELPC’s top-rated environmental litigation team and at the same time we are tapping a number of experienced litigators who want to take on pro bono cases to help protect clean air and clean water.

Since many environmental laws are self-implementing, depending largely on citizen suits for enforcement, is it really that different from what you’ve had to do during previous administrations?

We’ve certainly brought citizen suits in the past, we have a citizen suit pending in federal court in central Illinois to enforce clean air violations by Dynegy at its [E.D. Edwards] coal plant. But this is different. When an administration cares about environmental regulations in a positive way, the Attorney General tends to bring the enforcement actions, and we fill some gaps. If we see President Trump’s administration retreating on its enforcement responsibilities, ELPC will step up and have a much more vibrant enforcement strategy. We’re preparing to do that by increasing our in-house litigation team.

That all takes resources and funding. Some media outlets and non-profit organizations have actually seen a boom in support because of Trump. Has that happened for environmental organizations, or do you expect it to happen?

We’ll see. There are some groups out there these days that seem to be asking for money twice a day, it’s a disaster and then it’s another disaster. I hope we’re at a time when environmental philanthropy will be stepped up in response to the needs of the times. These are extraordinary times. And it doesn’t hurt that the stock market is at a relatively high point.

Certainly people in the Midwest and around the country who care about the environment understand that it’s likely to be under siege if someone like Scott Pruitt does become the next EPA Administrator. I think when times are tough, people are willing to dip into their pocketbooks more and step up. But we aren’t taking out loans based on hoped-for increased fundraising, and you’re not going to see the fundraising emails from ELPC. This isn’t about money.

So a Trump administration especially with Pruitt as EPA Administrator would likely roll back enforcement of environmental regulations. On the clean energy development front, will the Trump administration halt progress?

We hope and believe that Congress will not allow the Trump administration to roll back the Production Tax Credit for wind power or the Investment Tax Credit for solar power. Sen. Charles Grassley (R-IA) said [a PTC repeal] would happen “over my dead body.” This is pretty bipartisan.

Solar and wind power have strong bipartisan support. Look what has happened in about the past three months. Illinois passed a strong Renewable Portfolio Standard [fix] supported by both Democrats and Republicans. Iowa Gov. [Terry] Branstad has always taken pride in the state’s wind power leadership, and Iowa is starting to step up on solar development. Wind power development in Iowa is good for jobs, economic growth and the environment, and it’s supported by the entire Republican leadership as well as the Democrats.

Michigan just passed legislation that improves and steps up the RPS. Governor John Kasich in Ohio just vetoed the attempt by the legislature to freeze energy efficiency and renewable energy programs. In just the last few months, we’ve seen progress in four Midwestern states in significant ways.

And Minnesota has always been a leader, in Indiana we have a little work to do, in Wisconsin we have Gov. Scott Walker. But there are two new wind farms in Wisconsin now. For a long time wind power was stalled in Wisconsin, now there are large new wind farms going up in Wisconsin and Dairyland Power [Cooperative] is doing another 15 MW of solar. We’re seeing smart policy plus technological innovation driving clean energy development in the Midwest.

We’re going to have to play some defense in Washington D.C., but we’re looking at these four Midwest states if not five that have stepped up in the last few months. What it shows is first of all that clean energy development has strong mainstream public support. Secondly, it makes sense as a matter of economics. And policymakers understand where the economics are and they are supporting smart policies.

Trump claims he is such a great businessman, so if this is all true why would he undermine clean energy development? 

I will not try to interpret what’s going on in President-elect Trump’s mind. The ITC and PTC have created thousands of new jobs and accelerated cleaner energy in the power markets, protecting public health and the environment, which is what the public wants. This is good for jobs, good for economic growth and good for the environment.

Trump has said he wants to create jobs. If President-elect Trump were to support repealing these important public incentives, that would be a triumph of misplaced ideology over common sense.

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GreenBiz: ELPC’s KIein Says Water Quality Trading One Option to Reduce Water Pollution

GreenBizQuantifying Water as a Liquid Asset
January 7, 2017
By Kelli Barrett

The World Economic Forum ranked the water crisis as one of the top threats facing society after listing it as the No. 1 threat in 2015. Water was also central to the Paris climate talks, while the United Nations dedicated Sustainable Development Goal No. 6 to water and sanitation and the Sioux people of North America put the previously unknown town of Standing Rock on the global map by standing up to protect their water rights.

Fortunately, scores of efforts are underway to meet the challenge and the Electric Power Research Institute started off the year with a review of its Water Prize-winning Ohio River Basin Trading project. A January webinar outlined a multi-pronged strategy that includes promotional videos and impact investors rather than donor-based finance.

Using the project’s funding, Midwest farmers such as Ken Merrick have been able to implement conservation activities to reduce fertilizer and animal waste from running into nearby waterways that flow to the Gulf of Mexico. Merrick, who operates Conser Run farm in Ohio, added a storage area for manure and a buffer strip where his cows only occasionally are allowed to graze.

He also lets trees and grasses grow along the creek running through his farm, which mops up excess pollution before it reaches the water.

The program is still in a pilot phase but, if it evolves as planned, Ohio River farmers can quantify their pollution reductions and generate stewardship credits using a market-based approach called water quality trading. They then can sell these credits to power plants and wastewater treatment facilities interested in meeting sustainability goals or to comply with regulatory requirements.

The Trading Debate

Water quality trading made headlines in 2016 after an organization called Food and Water Watch penned a paper in late 2015 condemning the entire practice and re-labeling it “pollution trading.” The group charged that it undermines the Clean Water Act (CWA) and puts U.S. waterways at great risk. Advocates of the practice dismissed the paper in August, arguing trading is one of several tools states and utilities can use to improve water quality.

“Trading isn’t a silver bullet. It’s not a panacea,” Brad Klein, a senior attorney at the Environmental Law and Policy Center, said. “But we need to get on top of this issue of water pollution, and water quality trading may be another arrow in the quiver.”

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Reuters: ELPC’s Learner Says Peabody Energy Reorganization Plan Dodged Issue of Self-bonding for Mine Reclamation Costs

Reuters

Peabody Energy reorganization plan lacks mine cleanup coverage details

By Tracy Rucinski
Dec 23

Peabody Energy Corp failed to explain how it will cover future mine cleanup costs in a reorganization plan filed late Thursday, triggering concerns over the company’s use of “self-bonds.”

Under a federal program called “self-bonding,” large miners like Peabody have been allowed to extract coal without setting aside cash or collateral to ensure mined land is returned to its natural setting, as required by law.

The practice came under scrutiny following bankruptcy filings by some of the largest U.S. coal miners because, without collateral set aside for mine reclamation, taxpayers are potentially exposed to billions of dollars in cleanup costs.

Environmental groups have been following the bankruptcy to see whether Peabody, the world’s largest private-sector coal producer, replaces roughly $1 billion of self-bonds with other guarantees, as rival Arch Coal Inc did in its October bankruptcy reorganization.

In Thursday’s plan to eliminate over $5 billion of debt to emerge from Chapter 11, Peabody said it will address its “self-bonding reclamation obligations in accordance with applicable laws and regulations,” without providing details.

While a leading U.S. coal regulator has started to toughen rules for guaranteeing mine cleanups, the future of that process under a Trump administration is unclear.

Howard Learner, executive director of the Chicago-based Environmental Law & Policy Center, said the reorganization plan dodged the issue of self-bonding, potentially shifting the risk for Peabody’s environmental cleanup costs onto the public.

“Peabody should be required to live up to its mine reclamation responsibilities and assure that it will not saddle taxpayers with these costs,” Learner said.

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EnergyWire: ELPC, Allies Seek Information on Plant Closures

MISO Urged To Disclose Power Plant Shutdown Notices
Jeffrey Tomich, E&E News reporter

No matter how the Donald Trump presidency plays out, or whether the Clean Power Plan survives, the Midwest power grid will see dozens of older coal-fired power plants shut down in the next few years.

The region’s grid operator, the Midcontinent Independent System Operator (MISO), can keep plants running if they are necessary to keep the lights on. But when it comes to knowing which ones will close, and when, will the public be left in the dark?

Under MISO’s tariff approved by federal regulators in 2012, notices of looming power plant closures and suspensions filed by the plants’ owners remain a secret until the plant stops running. There are exceptions if the plant is needed for reliability or if the owner announces the closure.

Now, MISO is considering changing the rules at the urging of parties who say market conditions have changed in recent years and utilities, regulators and customers would benefit from greater transparency.

“Allowing all stakeholders to have more granular information on what is happening with the system would be a significant improvement to the planning process,” a group of environmental and clean energy advocacy groups from throughout the Midwest said in comments to MISO.

The groups, including the Environmental Law & Policy Center, Great Plains Institute, Sierra Club and Union of Concerned Scientists, said making notices public sooner would yield benefits. Those benefits include helping parties understand changes in the region’s generation mix, assist with siting of new projects and inform discussions of new transmission projects.

Read the whole story at: http://www.eenews.net/energywire/2016/12/19/full

 

 

Public News Service: ELPC’s Klein Praises Advancements For Solar In Illinois Legislation

Public News ServiceIllinois Called Leader in Move to Renewable Energy
December 15, 2016
By Veronica Carter

SPRINGFIELD, Ill. – Strides are being made in the Midwest when it comes to renewable energy, but there’s still lots of room for improvement.

Illinois is being praised for last month’s passage of the Future Energy Jobs Bill, with some calling it the most important climate bill in state history.

Attorney Brad Klein with the Environmental Law and Policy Center hopes other Midwestern states will follow the lead.

He says the legislation will lead to huge growth in solar and wind technology, combat climate change, create jobs and lower utility bills.

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NUVO: ELPC’s Brad Klein Says Indiana Can Follow Illinois Lead On Solar

nuvo Indiana

Indiana Urged to Follow Illinois’ Lead in Solar, Wind
December 15, 2016
By Veronica Carter

Strides are being made in the Midwest when it comes to renewable energy, but there’s still lots of room for improvement.

Illinois is being praised for last month’s passage of the Future Energy Jobs Bill, with some calling it the most important climate bill in state history.

It’s expected to grow solar and wind technology, combat climate change, create jobs and lower utility bills.

Attorney Brad Klein with the Environmental Law and Policy Center hopes Indiana, which has been very reliant on coal power, will follow the lead.

“We do see some positive momentum there, but with some more leadership on the state level, we think there’s no reason Indiana couldn’t join states like Illinois and others to really build up their clean energy industry and create jobs,” he states.

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Illinois Times: ELPC’s Learner Says Federal Court Ruling on Illiana Should Finally End Proposed Toll Road

Illinois-Times-Logo

End of the Road for Illiana?
Controversial Toll Road Loses Second Court Battle
November 10, 2016
By Patrick Yeagle

A federal court struck down last week an environmental study used to justify a new tollway in northern Illinois.

It’s the second such loss in court for the controversial project, which was already suspended but still clings to life.

The Illiana Expressway is a proposed 50-mile, east-west toll road which would connect Interstate 55 south of Chicago to Interstate 65 in northwestern Indiana. The project is intended to relieve congestion on Interstate 80, 15 miles to the north.

Controversial from the start, the Illiana proposal has long been a priority for the Illinois Department of Transportation. Gov. Bruce Rauner says Illinois won’t spend more money on the project, but opponents say IDOT has continued to pursue it anyway.

The controversy is twofold: whether the road is actually needed and what effect it may have on Midewin National Tallgrass Prairie, a nearby national nature preserve.

IDOT has projected population growth of more than 170 percent by 2040 in the area surrounding the proposed road, but that estimate is contradicted by two other planning agencies which control federal funding in that area.

Meanwhile, the potential environmental effect of the project was the basis for a lawsuit filed in 2013 by the Midewin Heritage Association, the Illinois Sierra Club and environmental group Openlands. The groups sued IDOT and the Federal Highway Administration, saying the required environmental impact statement used to justify the project was flawed.

A federal court agreed in June 2015, ruling that the study overestimated the consequences of not building the expressway and failed to adequately consider the potential effects on the surrounding area.

While that lawsuit was pending, IDOT and the FHA continued pursuing the project, releasing a second “tier” of the environmental study which built on the first. On Oct. 31, another federal judge ruled that the second tier was invalid because it relied on a first tier which had already been found faulty.

Just before the first federal court decision in June 2015, Rauner vetoed funding for the project, saying that because of the “current fiscal crisis and a lack of sufficient capital resources, the Illiana Expressway will not move forward at this time.” A spokeswoman for Rauner referred a reporter to IDOT.

Still, IDOT continued to defend the environmental study in court, filing a document in October 2015 saying IDOT and its counterpart in Indiana would continue to revise the study.

Howard Learner, executive director of the Chicago-based Environmental Law and Policy Center, calls Illiana a “fiscal folly” which should have died long ago. ELPC represented the environmental groups for free in the lawsuit against the state.

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Chicago Tribune: Latest Illiana Tollway Federal Court Ruling Helps Further Unwind Project

Chicago Tribune

Environmental Groups Happy with Judge’s Ruling on Illiana Tollway Project

By Zak Koeske

vironmental groups that oppose construction of the Illiana Tollway are celebrating a second federal court judge’s ruling that the Federal Highway Administration’s 2014 approval of the bi-state project was invalid.

U.S. District Court Judge Charles Norgle found Tuesday that portions of the project’s proposal that relied on its already legally invalidated foundation also were invalid.

The environmental plaintiffs — Openlands, Midewin Heritage Association and Sierra Club Illinois — had challenged both the Tier 1 and Tier 2 environmental impact statements and the federal government’s “records of decision” greenlighting the 47-mile highway project through Will County.

The U.S., Illinois and Indiana transportation departments were named as defendants in the lawsuit.

Last June, a federal court judge ruled that the Federal Highway Administration’s approval of the Tier 1 portion of the project, which looked at broad issues like the location, mode choice and area-wide environmental impact of the alternatives under consideration, was “arbitrary and capricious,” and in violation of U.S. environmental law.

Norgle’s decision Tuesday found that the prior federal approval of the Tier 2 statement, which relied upon the invalidated Tier 1 statement, must also be invalid and was thus “no longer effective.”

“The federal district court has now twice ruled in favor of the environmental plaintiffs that the Tier 1 and the Tier 2 Environmental Impact Statements are legally invalid,” said Howard Learner, executive director of the Environmental Law & Policy Center, which challenged the tollway project in court on behalf of the environmental plaintiffs.

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