Ohio

ELPC Statement on Proposed Rollback of Fuel Economy Standards

FOR IMMEDIATE RELEASE

March 15, 2017

Contact:

Judith Nemes

David Jakubiak

Trump Administration’s Rollback of Fuel Economy Standards Is Misguided

Rolling back common sense fuel efficiency standards will cost people more at the gas pump, increase pollution, and reduce America’s technological innovation leadership and global competitiveness

STATEMENT BY HOWARD A. LEARNER
EXECUTIVE DIRECTOR, ENVIRONMENTAL LAW & POLICY CENTER

Howard Learner, Executive Director of the Environmental Law & Policy Center, said in response to President Trump’s announcement that his administration will reverse the schedule in place for U.S. automakers to adopt improved fuel economy and pollution reduction standards by 2025:

“The misguided rollback of the CAFE fuel economy standards moves America in the wrong direction. The Trump rollback will force consumers to pump gas more often, result in more pollution that harms public health, and weaken American technological innovation leadership and competitiveness. The U.S. will import more foreign oil, which weakens our national security.”

“The Phase 2 CAFE fuel efficiency standards drive automakers to accelerate technological innovation and supports American manufacturing jobs. This is smart, common sense policy that has been adopted after many technical studies and input from a wide range of stakeholders. The United States should not voluntarily cede our technology innovation leadership to Asian and European automakers.”

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ELPC Statement on Proposed U.S. EPA Budget

FOR IMMEDIATE RELEASE                                                     

February 28, 2017

Contact: Judith Nemes 

Trump’s Proposed U.S. EPA Drastic Budget Cuts Put Great Lakes, Safe Drinking Water, Public Health At Risk

Reckless Funding Cuts for Protecting Clean Water and Clean Air Will Hurt Midwest Communities

STATEMENT BY HOWARD A. LEARNER

Executive Director, Environmental Law & Policy Center

Howard Learner, Executive Director of the Environmental Law & Policy Center, said in response to the White House’s proposal to slash U.S. EPA funding for vital clean water and clean air programs:

“The Trump Administration’s drastic cuts to the U.S. EPA’s budget would weaken vital protections for healthy clean air and safe drinking water that all Americans care about.  Americans rely on the U.S. EPA to help protect them from dangerous air pollution and unsafe drinking water, but President Trump’s drastic budget cuts impede necessary protections for core environmental and health values and responsibilities.”

“EPA’s clean water grants to state and local agencies help prevent water pollution problems and protect clean, safe drinking water for all.  EPA’s work to protect healthy clean air is vital to reducing asthma and respiratory problems that harm both at-risk elderly and young people.  EPA’s work to reduce mercury pollution is vital to protect children’s health and make it safe to eat the fish we catch in the Great Lakes and inland lakes and rivers.”

WKSU Radio: Ohio Releases its Lake Erie Phosphorus-Reduction Plan a Year Early

Ohio Releases its Lake Erie Phosphorus-Reduction Plan a Year Early
February 9, 2017
By Kevin Niedermier

The Ohio EPA has released its framework for reducing phosphorus levels in western Lake Erie under the under the state’s agreement with Michigan and Ontario, Canada.  It has been rolled out one year ahead of the deadline set by the U.S. EPA and Canada.

Since 2011, Ohio has spent about $2 billion to reduce farm runoff and other sources of phosphorus getting into Lake Erie, the main cause of algae blooms. Laura Johnson is head of the National Center for Water Quality Research at Heidelberg College in Northwest Ohio. She says best part of Ohio’s formalized plan is enhanced monitoring.

“It sort of sets up this idea of adaptive management. So if something isn’t working or not moving fast enough, we’ll have the monitoring there to be able to say we need to do more, we need to change what we’re doing. And I think that’s really important so there can be some flexibility and give and take in terms of what it’s going to take to get us to where we need to be.”

The goal is reducing phosphorus runoff by 20 percent by 2020 and 40 percent by 2025. The Environmental Law and Policy Center, which advocates for water quality issues, says while Ohio’s plan has some positive steps, it falls short because it relies too much on voluntary rather than mandatory measures.

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Press Release: Ohio Plan Fails to Address Main Cause of Toxic Algae in Lake Erie

FOR IMMEDIATE RELEASE

Contact: Judith Nemes (312) 795-3706
JNemes@elpc.org

Ohio Plan Fails to Address Main Cause of Toxic Algae in Lake Erie
Voluntary Standards Fall Short

Columbus, OH – Today, Governor Kasich’s administration released its highly anticipated implementation plan to curb Lake Erie’s toxic algae problem. While the plan includes a number of positive steps, it falls short of the actions needed to solve this problem.

“This so-called pathway to an ‘action plan’ proposes very little action beyond voluntary measures that simply are not enough to achieve Ohio’s 40% phosphorus reduction commitment,” said Madeline Fleisher, Staff Attorney at the Environmental Law & Policy Center, which submitted technical comments to the state before the draft plan was issued, along with the Ohio Environmental Council, Alliance for the Great Lakes and other allied groups. “It’s not just us saying so; the international body charged with monitoring implementation of the U.S.-Canada agreement to address nutrient pollution in the Great Lakes has released a draft report suggesting that real regulatory requirements are needed to effectively clean up toxic algae in Lake Erie.”

That group, the International Joint Commission, released a draft Triennial Assessment of Progress in January 2017 plainly stating that reduction of phosphorus discharges at the level necessary to prevent toxic algae blooms in the Great Lakes “is unlikely without the addition of enforceable standards to supplement voluntary stewardship.” Ohio’s minimal regulatory requirements for responsible phosphorus management don’t live up to that benchmark.

Some elements of Ohio’s newly released plan show improvement, especially the inclusion of more detailed plans for monitoring progress toward the 40% phosphorus reduction milestone.

While this change is a step in the right direction, the plan fails to adequately address agricultural pollution, the primary driver of toxic algae in Lake Erie. Instead, much of the plan relies on the same approaches that have failed to curb pollution from corporate agriculture in past years.

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The State Journal-Register: Learner Says ELPC will Stand Up for Citizens’ Rights to Clean Air and Water

State_Journal-Register_logoEnvironmentalists Preparing to Battle Trump, GOP in Court
January 29, 2017
By Tammy Webber and John Flesher

CHICAGO – The night before Donald Trump’s inauguration, five environmental lawyers filed a federal court brief defending an Obama administration clean-water rule that the new president and his Republican allies have targeted for elimination, considering it burdensome to landowners.

The move served as a warning that environmentalists, facing a hostile administration and a Republican-dominated Congress, are prepared to battle in court against what they fear will be a wave of unfavorable policies concerning climate change, wildlife protection, federal lands and pollution.

Advocacy groups nationwide are hiring more staff lawyers. They’re coordinating with private attorneys and firms that have volunteered to help. They’re reviewing statutes, setting priorities and seeking donations.

“It’s going to be all-out war,” said Vermont Law School Professor Patrick Parenteau. “If you’re an environmentalist or conservationist, this is indeed a scary time.”

Trump’s first week in office only heightened their anxieties. He moved to resume construction of the Keystone XL and Dakota Access pipelines that the Obama administration had halted, while signaling intentions to abandon his predecessor’s fight against global warming, vastly expand oil and gas drilling on public lands and slash the Environmental Protection Agency’s budget.

GOP lawmakers, meanwhile, introduced measures to overturn a new Interior Department rule barring coal mining companies from damaging streams and to remove some wolves from the endangered species list.

“They’ve wasted no time in doing bad things,” said Pat Gallagher, director of the Sierra Club’s 50-member legal team, which he said is likely to grow as environmentalists increasingly regard the courts as their best option, even though success there is far from certain.

The Department of Justice, which represents the federal government in environmental lawsuits, declined to comment, while the White House did not respond to emails seeking comment. Doug Ericksen, communications director for Trump’s transition team at EPA, said of the environmentalists that he’s “not sure what they think they’re preparing for” but suspects they are stoking fear of Trump as a fundraising tool.

“They’re more concerned about raising money than protecting the environment,” Ericksen said.

Jim Burling, litigation director for the Pacific Legal Foundation, a nonprofit property rights group that sues regulators on behalf of businesses and landowners, also contended environmental groups were exaggerating the Trump administration’s threat for political and financial gain.

The government bureaucracy is entrenched, Burling said, and, “who happens to occupy the White House hasn’t made that much difference.”

Environmentalists say their fears are justified by the new administration’s antagonism toward government’s role in keeping air and water clean and the planet from overheating.

Donations began increasing after Trump’s election, “even before the fundraising letters were sent” asking for support to fight the administration’s actions, said David Goldston, government affairs director at the Natural Resources Defense Council.

Earthjustice, which has represented the Standing Rock Sioux tribe in its fight against the Dakota Access Pipeline, has about 100 staff attorneys and plans to bring more aboard, said Tim Preso, who manages the group’s Northern Rockies office.

The Chicago-based Environmental Law & Policy Center is adding four attorneys to its pre-election staff of 18 and is coordinating with more than a dozen outside attorneys who would file citizen suits against polluters for free if agencies fail to enforce existing rules, said Executive Director Howard Learner.

“We cannot fully substitute and replace the EPA doing its job,” Learner said. “But on the other hand, we’re not going to default to zero if the EPA steps backward when it comes to clean air and clean water enforcement.”

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From Plain Dealer: What Pruitt’s EPA Would Mean For Ohio Clean Energy

Plain_Dealer_mastheadScott Pruitt at EPA Will Hobble Ohio’s Alternative-Energy Economy: Jane Harf (Opinion)
January 22, 2017

Jane Harf, former American Electric Power executive, and head of the Ohio EPA, is a longtime friend of ELPC. She recently had this op-ed published in the Cleveland Plain Dealer.

GRANVILLE, Ohio — In Ohio, the clean energy economy isn’t merely the future – it’s the present. We already see clean energy providing jobs, saving money, and making our nation more secure. And we know we’ve only begun to scratch the surface.

So it was very troubling when President Donald Trump named Oklahoma Attorney General Scott Pruitt as his nominee to run the U.S. Environmental Protection Agency. Pruitt has repeatedly sued to block standards that would reduce harmful pollution and boost clean energy. His nomination suggests what many of us have feared about the Trump administration – that it will not understand either the future potential of the clean energy economy, or its current growing role in Ohio and across the nation.

The clean energy economy is taking off around the country. Millions of Americans now work in the industry. Indeed, more Americans work in wind and solar power today than in coal mining and oil and gas extraction. In 2016, more than half of electricity generation capacity added to the U.S. grid came from renewable resources, reports Daniel Cusick of E&E News.

More and more Republicans are starting to recognize clean energy’s economic opportunity.

In Ohio, Gov. John Kasich has repeatedly shown support for a healthier, more diverse energy mix. He remained committed to this vision last month when he vetoed Substitute House Bill 554, a bill passed in the Ohio legislature that would have extended the “freeze” on clean energy development.

In vetoing the bill, Kasich explained that, “Ohio workers cannot afford to take a step backward from the economic gains that we have made in recent years … and arbitrarily limiting Ohio’s energy generation options amounts to self-inflicted damage.”

A recent report from the Environmental Defense Fund and The Nature Conservancy, titled “Grounds for Optimism: Options for Empowering Ohio’s Energy Market,” found that Ohio could grow the economy by billions of dollars, help residents save money on their electric bills and health care costs, and create tens of thousands of jobs by embracing renewable energy and efficiency standards.

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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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