CLEAN ENERGY

BLM’s Misguided Rule Weakens Methane Flaring Reduction Standards that Avoid Waste and Protect Public Health and Our Environment

FOR IMMEDIATE RELEASE

Contact: Judith Nemes

Bureau of Land Management’s Misguided Rule Weakens Methane Flaring Reduction Standards that Avoid Waste and Protect Public Health and Our Environment  

Statement by Howard A. Learner

In response to the Trump Administration’s rollback of the existing Methane Waste Reduction Standards avoid waste from oil and gas drilling on public and tribal lands in North Dakota and across the country, Environmental Law & Policy Center Executive Director Howard Learner said:

“The Administration is turning its back on common sense methane reduction standards that reduce wasteful energy flaring and protect the public from harmful smog-forming pollution. The current standards call for the use of known technologies and good industry practices to reduce wasteful methane leaks. The new rule would allow more flaring of methane gas—a valuable natural resource. Flaring harms human health, wastes energy resources and costs Americans $1 billion in wasted energy and pollution.

“In North Dakota this rollback will mean more wasted natural gas, less money for impacted communities, and more air pollution from oil and gas drilling on public lands.

“The Bureau of Land Management is ignoring the strong support from more than half a million Americans who favored the existing Methane Waste Reduction Standards and oppose its repeal. The Trump Administration apparently doesn’t care enough about wasting energy, protecting public health or collecting fair revenues from the oil and gas industry drilling on our public lands,” Learner said.

Click Here to read the full rule. 

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Public News Service: Clean Power Plan Replacement Would Weaken Air Protections

BISMARCK, N.D. – The public can now comment on the Trump administration’s proposal to replace the Clean Power Plan, an Obama-era rule aimed at drastically cutting carbon emissions from coal power plants.

Under what’s being called the Affordable Clean Energy Rule, states would come up with their own reduction goals and submit their plans within three years to the Environmental Protection Agency.

…..
Janet McCabe, a senior law fellow at the Environmental Law and Policy Center, is a former EPA assistant administrator who worked on the Clean Power Plan.

She’s concerned the new proposal would delay implementing meaningful air quality improvements in a number of ways, including changing the way an older coal plant’s remaining life is factored into how it should be handled.

“The proposal gives the states, really, ultimate discretion to require nothing at all,” she points out. “What this rule would allow is for a state to say, ‘Well, given the remaining useful life of this plant, it doesn’t make sense to require it to do anything.'”

McCabe notes the Affordable Clean Energy plan would cut emissions, at most, to 1.5 percent below 2005 levels by 2030. The Clean Power Plan was projected to cut emissions by 19 percent.

McCabe notes public comments, which will be accepted through Oct. 30, are important to the rulemaking process.

“When I was at EPA, every single rule I worked on got better between proposal and final because of comments that we got,” she points out. “And those are important expressions from taxpayers in this country about what they feel their government should do, to protect them or to stay out of the way.”

READ FULL ARTICLE HERE

EPA’s New Power Plan Will Reverse U.S. Efforts to Cut Carbon Pollution and Allow Old Coal Plants to Keep Polluting Our Air

FOR IMMEDIATE RELEASE

Contact: Judith Nemes

EPA’s New Power Plan Will Reverse U.S. Efforts to Cut Carbon Pollution and Allow Old Coal Plants to Keep Polluting Our Air
Clean Power Plan had U.S. poised for shift to renewable energy growth, better public health, boosting clean energy jobs

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

In response to the U.S. Environmental Protection Agency’s proposal to replace its 2015 Clean Power Plan, which established the first federal standards to reduce carbon pollution from existing coal plants, ELPC Executive Director Howard Learner said:

“The Trump administration’s EPA is actively seeking to undermine smart climate change solutions and a clean energy future. The Clean Power Plan helps drive the U.S. economy toward modern renewable energy and energy efficiency technologies that improve public health and boost clean energy jobs in the Midwest and elsewhere.

“Instead, the Trump administration is putting its political donors and polluters ahead of public health, climate solutions and clean energy jobs. America’s Heartland is well positioned to lead us forward in delivering climate change solutions powered by wind power and solar energy and maximizing energy efficiency that are good for Midwest jobs and economic growth.  The Trump administration’s plan would move our nation backwards and cost American jobs.

“It’s time for America to move forward not backward with clean energy solutions to our climate change problems.”

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Press Release: Solar Industry and Illinois Farm Bureau Collaborate to Guarantee Tax Revenue for Rural Communities and Protect Farmland

FOR IMMEDIATE RELEASE

Solar Industry and Illinois Farm Bureau Collaborate to Guarantee Tax Revenue for Rural Communities and Protect Farmland

New law will protect farmland and help ensure $250-350 million in tax revenue for rural Illinois

Springfield, Illinois – August 13, 2018 – Governor Rauner has signed two bills that will help ensure solar development benefits farmers and rural communities in Illinois.  The state’s solar industry worked with the Illinois Farm Bureau, local authorities and other stakeholders to shape SB 486, which creates a standard tax assessment value for solar farms in Illinois, and SB 2591, which sets standards for the construction and deconstruction of solar farms on agricultural land. The Illinois House and Senate passed both bills unanimously and Governor Rauner signed the final piece of legislation on August 10th.

The solar property tax legislation (SB 486) sets a standard tax assessment value for large solar installations, creating certainty around the property tax revenue that solar farms will pay to local taxing bodies, helping to fund schools, roads and other critical services. Under the legislation, each megawatt (MW) of ground-mounted solar installed in Illinois will generate an average of $6,000-$8,000 per year in property tax revenue. The industry expects to install up to 2,000 MW of ground-mounted solar farms by 2021, which will create a total $250-$350 million in property tax revenue over a 25-year lifespan. Under Illinois’ funding formula, approximately 70% of this revenue will be dedicated to funding schools.

“Solar energy is a rapidly growing industry in Illinois, and it’s good not only for the environment but also for the economy,” said Illinois Senator Don Harmon (D-Oak Park), sponsor of SB 486. “It is my hope that the revenue generated from this industry can benefit local schools and communities and encourage the continued growth of solar power in our state.”

“Solar businesses are ready and willing to create new jobs, clean energy and tax revenue to support Illinois communities. This bill provides a framework for us to move forward,” said Lesley McCain, executive director of the Illinois Solar Energy Association. “The solar industry was proud to work with the Farm Bureau, county tax assessors and school districts to develop smart solar legislation that benefits all Illinoisans.”

The solar industry worked in partnership with Environmental Law & Policy Center and other advocates to support smart solar policy in Illinois.

“ELPC has helped drive clean energy development in Illinois, and we are pleased that Governor Rauner has signed the solar energy legislation that the General Assembly passed this spring,” said Howard Learner, Executive Director of the Environmental Law & Policy Center.  “The stage is set even better to accelerate solar energy development that is good for job creation and good for a cleaner energy future in Illinois.”

The farmland legislation (SB 2591) ensures that solar farms can coexist with agriculture in Illinois while providing long-term benefits to soil and water quality. SB 2591 requires that solar developers enter into an Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture prior to solar farm construction. The AIMA will set standards for solar construction and deconstruction and require financial assurances from developers that land will be restored to its prior use at the end of a solar farm’s life.

Governor Rauner signed SB 486 on August 10th and SB 2591 on June 29th. These bills will help Illinois reach its statewide goal of 25 percent renewable energy by 2025 while also driving economic development, new jobs and reducing pollution from electric generation.

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Press Release: Environmental Groups Push MidAmerican Energy to Commit to a Comprehensive Clean Energy Transition

FOR IMMEDIATE RELEASE

Environmental Groups Push MidAmerican Energy to Commit to a Comprehensive Clean Energy Transition

Call for Wind XII Approval to Require Coal Retirements

 

Des Moines, Iowa — The Iowa Environmental Council and Environmental Law & Policy Center filed testimony with the Iowa Utilities Board (IUB) in MidAmerican Energy’s Wind XII docket. Kerri Johannsen, Energy Program Director with the Iowa Environmental Council, provided the testimony on behalf of both groups, calling for approval of the additional wind to include requirements for equivalent coal capacity retirements. The groups also strongly recommended MidAmerican outline a process for a comprehensive clean energy transition that includes wind, solar, storage and demand side resources such as energy efficiency and demand response.

MidAmerican is touting Wind XII as the final project in the 100% Renewable Vision the company announced in 2016. However, MidAmerican has not announced a single coal plant retirement since setting this benchmark. The company owns and operates five coal plants in Iowa with a total of 3,740 MW of nameplate capacity and is majority owner of the 725 MW Ottumwa Generating Station.

According to 2016 data from the Energy Information Administration, this level of capacity puts MidAmerican’s coal fleet in the top 20 largest fleets of any utility in the country — at 19 — out of the 164 companies that own at least 100MW of coal generation. Construction of new coal plants is not cost-effective and utilities around the U.S. are announcing coal retirements on an almost daily basis. By betting on coal, MidAmerican will only climb in this undesirable ranking.

“The state of Iowa and MidAmerican’s wind energy leadership is commendable,” said Josh Mandelbaum, Senior Attorney at the Environmental Law & Policy Center. “However, a comprehensive clean energy vision requires a plan for retiring dirty coal plants and replacing them with a diverse mix of renewable resources including wind, solar, storage, and energy efficiency.”

MidAmerican filed its proposal for Wind XII on May 30, 2018. Wind XII is a 591 MW, $922 million project that would be completed by late 2020.

Wind generation provides significant benefits including hedging risks from fuel price volatility and geo-political uncertainty, environmental benefits, and reducing dependence on fossil fuels.  However, as Johannsen points out, “[m]any benefits MidAmerican claims for Wind XII are unlikely to occur unless coupled with retirement of coal capacity.”

Utilities around the country have begun proposing comprehensive clean energy transition plans. Johannsen’s testimony summarizes several examples of utilities retiring coal plants and replacing them with a mix of wind, solar, storage, and energy efficiency including Xcel Energy in Colorado, Consumers Energy in Michigan, and MidAmerican’s sister Berkshire Hathaway subsidiaries, NV Energy and PacifiCorp.

Iowa’s wind leadership helped the state attract companies such as Google, Microsoft, and Facebook that wanted to invest in a state that offered affordable, renewable energy for their power needs. Says Johannsen, “To remain competitive, Iowa utilities must not settle for the status quo, but instead continue to show leadership in clean energy innovation or the state will fall behind other emerging leaders.”

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Ohio Nuclear Plant Decommissioning, Clean Car Standards, Route 53 Tollway Extension in Lake County, IL., & EPA Ozone Non-Attainment Standards

ELPC Breaking News – Actions and Decisions on Multiple Fronts – Ohio Nuclear Plant Decommissioning, Clean Car Standards, Route 53 Tollway Extension in Lake County, IL, and EPA Ozone Non-Attainment Standards

To ELPC Colleagues and Supporters:  There is a lot happening – fast – at ELPC.  Four important actions yesterday on different fronts.  ELPC’s talented staff is drinking out of a firehose and playing to win.

  1. Good News on ELPC petition to the U.S. Nuclear Regulatory Commission challenging First Energy Solutions’ nuclear decommissioning shortfalls as the company is in bankruptcy. We just received word that ELPC’s 2.206 citizen petition cleared the first step of the NRC review process. The NRC’s Petition Review Board (PRB) met and decided to accept our petition for review.   Notably, they accepted ELPC’s petition in entirety—no parts of it were rejected.  The next step is for the PRB to substantively review the petition and come up with recommendations for action, which it will send to the Director.  The Director ultimately makes the final decision on what actions, if any, the NRC will take against the licensee.   Kudos to ELPC attorneys Andrene Dabaghi and Margrethe Kearney.

 

  1. Bad News:  The Trump Administration announced its misguided attempt to rollback federal clean cars standards and (probably unconstitutional) attempt to constrain California’s and 12 other states’ “waiver” to adopt strong state standards.  As the transportation sector has passed the energy sector for carbon pollution in the United States, the federal and state fuel efficiency standards are vital to save consumers money at the gas pump, drive technological innovation in vehicle manufacturing to keep American manufacturing competitive, gain manufacturing jobs of the future for American workers, reduce American imports of foreign oil and avoid pollution.  ELPC will be among the lead groups nationally challenging the proposed new weaker DOT/EPA clean car standards in both the court of law (comments to US Dept. of Transportation and, then, likely litigation in the federal courts) and in the court of public opinion.  Please see ELPC press release criticizing this Trump Administration regulatory rollback.  (“Trump Administration Reboot of Fuel Economy and Pollution Standards is a Misguided Step Backwards While Global Competitors Keep Moving Forward”).   ELPC Senior Law Fellow Janet McCabe and ELPC Executive Director Howard Learner will be doing a “breaking news” briefing via conference call for ELPC colleagues, donors and friends today at 10:00 am. (Register to join the briefing if you’d like.)

 

  1. ELPC and ten environmental and civic group partners are fighting back and winning against the Illinois Tollway Authority’s attempt to short-circuit and play “hide the ball” on the NEPA Environmental Impact Statement (EIS) process for the economically unsupportable and environmentally destructive Route 53 Tollway Extension in Lake County. As ELPC Board Chair Harry Drucker put it, this “zombie” bad tollway proposal keeps coming back.  While the Chicago Metropolitan Agency for Planning is moving to put on the brakes by downgrading the proposed Route 53 Tollway Extension in Lake County from a priority project to non-priority status, the Illinois Tollway Authority is spending $25 million to accelerate the EIS process.  On Wednesday, ELPC attorneys Howard Learner and Rachel Granneman and partners sent a letter to the Illinois Tollway Authority challenging the legality of the EIS process, and yesterday, the Illinois Tollway Authority backed off, saying that would extend the comment period on the EIS scoping comments to late September.  Please see Greg Hinz’s good article in Crain’s Chicago Business here and pasted below.

 

  1. New ELPC Litigation to Protect Healthier Clean Air in Illinois, Indiana and Wisconsin:  ELPC and the Respiratory Health Association (RHA) yesterday sued the U.S. Environmental Protection Agency in U.S. Court of Appeals for the D.C. Circuit, challenging the EPA’s final ozone air health standard rule, published in June 2018, that excluded certain areas in Illinois, Indiana and Wisconsin from the Chicago, Milwaukee and St. Louis “non-attainment” areas that have smog levels above the 2015 ozone standard.  ELPC’s press release explains:  “EPA has sadly disregarded the plain facts and sound science in making these designations,” said Howard Learner, ELPC’s Executive Director. “EPA has not followed the letter or the spirit of the Clean Air Act and has excluded areas involving unhealthy air quality for millions of Midwesterners.  Cleaner air is essential to public health and a strong economy in our region.”   The Clean Air Act requires EPA to designate non-attainment areas in counties where air quality fails to meet federal health standards for ozone and where local air pollution contribute to unhealthy air quality. The states must then take steps to reduce emissions that cause smog.  In 2015, EPA issued a more protective ozone air health standard, which triggered a process to identify violating areas so that clean air planning could begin.  In the Chicago, Milwaukee and St. Louis areas, EPA originally proposed more comprehensive non-attainment areas, but then excluded certain areas in its June 2018 final decision in response to opaque last-minute requests from Governors Rauner and Walker.  ELPC attorneys Scott Strand and Rachel Granneman are litigating this case with policy and technical engagement from Janet McCabe.  Please see Michael Hawthorne’s good article in the Chicago Tribune here.

ELPC is fully engaged both on offense and defense to protect the Midwest’s environment, public health and vital natural resources.  Please let me know if you have any questions or suggestions.

Best wishes, Howard

Howard A. Learner

Executive Director

Environmental Law & Policy Center

 

Trump Administration Reboot of Fuel Economy & Pollution Standards is Misguided Step Backwards While Global Competitors Keep Moving Forward

FOR IMMEDIATE RELEASE

Trump Administration Reboot of Fuel Economy and Pollution Standards is a Misguided Step Backwards While Global Competitors Keep Moving Forward

U.S. EPA Acting Administrator Wheeler continuing Pruitt agenda that will cost people more at the gas pump, increase pollution & reduce America’s technological innovation leadership

STATEMENT BY HOWARD A. LEARNER

EXECUTIVE DIRECTOR, ENVIRONMENTAL LAW & POLICY CENTER

In response to the U.S. Environmental Protection Agency’s and the U.S. Department of Transportation’s Notice of Proposed Rulemaking to rewrite the Clean Car Standards, which proposes to freeze fuel economy and emissions standards at 2020 levels through 2026, ELPC Executive Director Howard Learner said:

“The Trump Administration’s misguided decision to weaken clean car standards threatens to put U.S. automakers behind in the global competition for cleaner, fuel efficient cars and will hit consumers hard in the wallet when they fuel up,” Learner said. “The standards U.S. EPA and DOT issued in 2012 are driving technological innovation, ensuring that America’s cars use less foreign oil and emit less carbon and other toxic air pollution.

“The existing standards would have saved families up to $122 billion at the pump, saved more than 12 billion barrels of oil and kept 6 billion metric tons of dangerous carbon pollution out of the atmosphere. If left in place, these standards would have continued to drive innovation and job growth across the Midwest and beyond. Trump’s EPA and DOT weakened standards would needlessly put a cleaner environment and our children’s future in the backseat.

“Unfortunately, Acting EPA Administrator Wheeler is following in the faulty footsteps of Scott Pruitt instead of resuming the EPA’s statutory mission to protect public health and the environment. The Trump Administration is turning back the clock on the current clean car standards that drive technological innovation and spur manufacturing jobs of the future for the Midwest auto sector.”

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ELPC named the 2018 Regulatory Champion of the Year by Interstate Renewable Energy Council

 (San Francisco, CA) – During an awards ceremony at Intersolar North America, the Interstate Renewable Energy Council (IREC) today honored its 2018 3iAward recipients, celebrating the nation’s best innovation, ingenuity and inspiration in renewable energy and energy efficiency. The winners are based on a prestigious annual national search.

“Today, we’re proud to recognize our 2018 IREC 3iAward recipients – among the nation’s most extraordinary people, projects and programs making a sustainable energy future a reality,” said IREC Board Chair Larry Shirley.

“Their work is setting new standards – creating solutions to today’s complex renewable energy and energy efficiency challenges – changing communities and our national energy landscape in the process,” added Ken Jurman, IREC board member and chair of the 3iAwards Committee.

“As we honor their achievements, IREC celebrates its 36th year,” Shirley said. “We are more proud than ever of our own history, leading transformative policies and practices that allow millions more Americans to benefit from clean renewable energy.”

Regulatory Champion of the Year
Environmental Law & Policy Center, Chicago IL

Where Midwest regulatory reform issues call for talented public interest environmental entrepreneurs, you’ll find the Environmental Law and Policy Center. Since 1993, ELPC has been improving the quality of life in Midwest communities, now with offices in nine states. Nowhere is ELPC’s handiwork more apparent than in the Illinois Future Energy Jobs bill and the Illinois Power Agency’s Long Term Renewable Resources Procurement Plan, both of which will help usher in new wind and solar projects. ELPC has played a pivotal role advancing community solar and interconnection reform in Illinois, Iowa and most recently Minnesota, where consumers and communities experienced major backlogs, delays and costs to connect community solar projects to the grid. Along with IREC and Fresh Energy, ELPC successfully petitioned the Minnesota Public Utility Commission for more transparent, nationally consistent interconnection standards. New common-sense interconnection standards now lay the foundation for more Midwesterners to benefit from clean energy for years to come.

Solar Novus Today: National 3iAward Winners Announced by IREC at Intersolar North America

July 11, 2018

National 3iAward Winners Announced at Intersolar North America

During an awards ceremony at Intersolar North America, the Interstate Renewable Energy Council (IREC) today honored its 2018 3iAward recipients, celebrating the nation’s best innovation, ingenuity and inspiration in renewable energy and energy efficiency. The winners are based on a prestigious annual national search.

“Today, we’re proud to recognize our 2018 IREC 3iAward recipients – among the nation’s most extraordinary people, projects and programs making a sustainable energy future a reality,” said IREC Board Chair Larry Shirley.

“Their work is setting new standards – creating solutions to today’s complex renewable energy and energy efficiency challenges – changing communities and our national energy landscape in the process,” added Ken Jurman, IREC board member and chair of the 3iAwards Committee.

Regulatory Champion of the Year

Environmental Law & Policy Center, Chicago IL

Where Midwest regulatory reform issues call for talented public interest environmental entrepreneurs, you’ll find the Environmental Law and Policy Center. Since 1993, ELPC has been improving the quality of life in Midwest communities, now with offices in nine states. Nowhere is ELPC’s handiwork more apparent than in the Illinois Future Energy Jobs bill and the Illinois Power Agency’s Long Term Renewable Resources Procurement Plan, both of which will help usher in new wind and solar projects. ELPC has played a pivotal role advancing community solar and interconnection reform in Illinois, Iowa and most recently Minnesota, where consumers and communities experienced major backlogs, delays and costs to connect community solar projects to the grid. Along with IREC and Fresh Energy, ELPC successfully petitioned the Minnesota Public Utility Commission for more transparent, nationally consistent interconnection standards. New common sense interconnection standards now lay the foundation for more Midwesterners to benefit from clean energy for years to come.

READ FULL ARTICLE

Energy News Network: Iowa Utilities Unveil Scaled Back Efficiency Plans Under New State Law

Iowa Utilities Unveil Scaled Back Efficiency Plans Under New State

By Karen Uhlenhuth

Iowans will lose access to home energy audits, insulation rebates, and light bulb discounts under new five-year efficiency plans proposed by utilities.

The plans, filed with the Iowa Utilities Board before a Monday deadline, are the first since a new state law capped the amount of money that utilities spend on the programs. The result is “a huge step back” for energy efficiency in the state, according to clean energy advocates.

MidAmerican Energy and Interstate Power & Light, an Alliant Energy subsidiary, emphasized the bill reductions most customers will see under the plans, but critics predicted those cuts will eventually be absorbed by the cost of new investments to meet growing energy use in the state.

“These plans are significantly smaller and leave significant energy-efficiency savings on the table, even more than in the past,” said Josh Mandelbaum, an attorney for the Environmental Law & Policy Center in Des Moines.

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