ELPC News

Crain’s Chicago Business: War breaks out again over Illiana Expressway

Friday, August 29, 2014

Hostilities have resumed in the political war over the proposed Illiana Expressway, with Cook County Board President Toni Preckwinkle and environmental groups trying to block a legal maneuver that would make it easier to build the controversial road.

The focus of the renewed battle is the board of the Chicago Metropolitan Agency for Planning, an obscure but powerful group that acts as the gatekeeper for many federal funding programs in the Chicago area and whose blessing is needed to proceed with any mayor transportation project.

CMAP’s staff and board last year strongly objected to including the Illiana, a tollroad that would run from I-55 in Illinois to I-65 in Indiana, in its Go to 2040 priority list of approved projects. But after intense lobbing from aides to Gov. Pat Quinn, CMAP’s policy committee backed the proposal in October.

That decision promptly was challenged in by the Environmental Law & Policy Center, who contends that, legally, CMAP’s board and not its policy committee has the binding say. But pending before the CMAP board now — and scheduled to come up at its October meeting — is a periodic update of the Go to 2040 plan that now includes the Illiana.

ELPC’s Howard Learner considers that a back door effort to block his law suit and make the policy committee superior to the board. Ms. Preckwinkle doesn’t think much of the tactic either.

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Chicago Tribune: Fracking in Illinois: The rules, and why they matter

Friday, August 29, 2014

Environmentalists, oil and gas developers and anti-fracking groups are anxiously awaiting Friday’s unveiling of regulations for fracking operations in Illinois.

Once approved by the Joint Committee on Administrative Rules, possibly as early as September, high-volume horizontal hydraulic fracturing operations can apply to drill in the state.

The latest rules are expected to address about 30,000 comments made on the first draft, which was submitted nearly a year ago. Some people sought to ban fracking — it involves injecting fluids and chemicals at high volumes to crack open shale rock and unleash oil and natural gas — and others pointed out loopholes in the proposed regulations.

Environmentalists and oil drillers will be looking to see if the final draft has addressed their concerns.

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Illinois Tech and Design Leaders Send Letter on Climate Change

Wednesday, August 27, 2014

For Immediate Release

August 27, 2014

Illinois Tech and Design Leaders Call for Climate Action, Opening of Energy Data

CHICAGO – More than 30 leading members of Illinois’ bustling technology and design community have signed a letter to U.S. Environmental Protection Agency Administrator Gina McCarthy applauding efforts to curb carbon pollution and asking that open data be a key part of our nation’s effort to fight climate change. The letter was cc’ed to the White House and Illinois Governor Quinn, and was sent to the full Illinois Congressional Delegation.

The letter voices support for the first proposed limits on carbon pollution from power plants, which were announced in June.

“We support the proposed regulations because we are deeply concerned and mindful about the present and future impacts of climate change on our state, our economy, our public health and our communities. Additionally, we want policy makers to know that U.S. EPA’s carbon pollution regulations also offer the Illinois business community opportunities for potential economic gains,” the letter says.

The letter goes on to say that by opening energy data, the state’s technology community can become a key partner in the fight against climate change:

“Working together to integrate technology and design will insure we have cleaner, more reliable electricity. We’ll slash our greenhouse pollution, and we’ll grow the economy. We’ve changed the way people get the news, book travel, buy goods, make dinner reservations and find parking. Let’s change the way people use energy.”

Jason Kunesh, a co-founder of Public Good Software and veteran of Orbitz and of President Obama’s 2012 re-election campaign, said the tech community is positioned to help people truly engage with efforts to fight climate change. “There is a growing segment of the technology and design community that is deeply concerned about the impacts of climate change we are already seeing. We want to be part of the solution.”

Derek Eder, a co-founder of Open City Apps and co-host of Chicago’s weekly Open Gov Hack Night, said that opening up energy use data and making real time data available to users will allow for the development of game changing products in the energy space. “We’ve seen the apps and tools made possible by the opening of government data. It has allowed people to better understand everything from snow plows to closing schools to registered lobbyists. If we had detailed data on carbon pollution, we could make powerful apps to fight climate change, too.”

For many of the signers, who signed as individuals, not on behalf of their employers, the desire to become part of the fight against climate is personal. Billy Carlson, Director of UX at Threadless, said that as a father with young children he is concerned about the world those children will inherit. “The impacts of climate change are here and it is up to us to do something. I am not a climate scientist, I am not a politician. If can use my talents to make tools that help people cut their carbon pollution, then sign me up.”

Other prominent signers of the letter include John Tolva, former Chief Technology Officer with the City of Chicago; Adrian Holovaty, co-creator of Django and EveryBlock, and founder of Soundslice; Dan Ratner, a co-founder of Sittercity; Mana Ionescu, president and founder of Lightspan Digital; Mike McGee, Co-Founder of Starter League; Matt Gee, co-founder of Effortless Energy; Atkins Meyer, director of engineering at Threadless; Paul Baker and Elnaz Moshfeghian of Webitects; and Ty Benefiel the creator of Meter Genius.

For a copy of the letter contact David Jakubiak.

Howard Learner’s New Comment in Environmental Law Reporter: “Emerging Clarity in Climate Change Law: EPA Empowered and State Common Law Remedies Enabled”

Wednesday, August 27, 2014

Please see ELPC Executive Director Howard Learner’s new Comment in the Environmental Law Reporter (September 2014):  “Emerging Clarity in Climate Change Law:  EPA Empowered and State Common Law Remedies Enabled” (pdf).  This legal analysis addresses: (1) How the U.S. Supreme Court’s recent decisions in EPA v. EME Homer City and UARG v. EPA fill out the climate change law framework of Mass. v. EPA and AEP v. Connecticut; and (2) The recent Third Circuit decision and the Iowa Supreme Court decision that allow state common law actions to address carbon and other air pollutants.  Here’s a brief summary of Howard’s Comment on this timely and important set of issues:

The emerging law of climate change is becoming clearer. The U.S. Supreme Court’s series of climate change and other Clean Air Act decisions authorize the U. S. Environmental Protection Agency to advance its standards-setting process, and provide general deference to EPA’s implementation of the Clean Air Act and other statutory programs. The Court is sending a clear message to the U.S. Court of Appeals for the District of Columbia Circuit, which reviews most of EPA’s final standards, and to other courts, to restrain judicial activism.  Likewise, federal and state courts are opening the door for plaintiffs to assert state common law tort remedies.

The Court’s majority has made clear its solid support for the landmark Massachusetts v. EPA decision authorizing EPA to regulate greenhouse gases. The partisan political attacks and the novel theories of the cottage industry of appellate attorneys representing certain polluting industries have not deterred the Court. The Court’s recent decisions in EPA v. EME Homer City Generation and Utility Air Regulatory Group v. EPA, which strongly, although not entirely, uphold EPA’s CAA implementation discretion, should reduce confusion and bring much-needed increased certainty for both state policymakers and energy industry executives to move forward in making business decisions.  At the same time, both federal and state courts are beginning to fill in the blanks left by the Court in its American Electric Power v. Connecticut decision, which held that the Clean Air Act displaces federal common law injunction actions brought by states and other plaintiffs seeking to limit carbon dioxide pollution from coal plants, by preserving citizens’ traditional rights under state common law.

Milwaukee Journal-Sentinel: Electric rates could rise 5% in January for We Energies customers

Tuesday, August 26, 2014

Electric rates for homeowners and other residential customers of We Energies could go up nearly 5% in January, depending on how state regulators decide the utility’s 2015-’16 rate case this fall.

While the overall rate increase is proposed to be just under 2% — staying below the projected inflation rate — residential customers would see rate increases exceeding the projected inflation rate next year.

We Energies customers pay the second-highest electric rates in the state, according to the state Public Service Commission. Since 2005, We Energies’ residential bills have increased 51%, while inflation is up 22%.

The Milwaukee power company’s rate request comes as its parent company, Wisconsin Energy Corp., is seeking approval for a $9.1 billion acquisition of Chicago-based natural gas and electric utility Integrys Energy Group.

In Illinois, Integrys and Wisconsin Energy have promised to keep rates unchanged for two years — provided the Illinois Commerce Commission allows rates to increase in early 2015, before the acquisition closes.

But an Illinois customer group wants natural gas charges in the Chicago area frozen at current levels rather than after another increase takes effect. In Wisconsin, customer groups haven’t made a formal request for concessions related to the acquisition, but have said regulators should ensure customers benefit from the deal.

In a bill message appearing in the mailboxes of 1.1 million customers across the state, We Energies explains its rationale for the rate increase and the changes it’s proposing in how customers are charged.

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Midwest Energy News: Advocates say Wisconsin solar fight could spill into other states

Wednesday, August 20, 2014

A closely watched battle over utility policy in Wisconsin could determine the fate of solar development throughout the region, advocates say.

The dispute is over three major rate cases recently filed by We Energies,Madison Gas & Electric andWisconsin Public Service Corporation. The three utilities cover much of the eastern half of the state as well as its largest cities.

If the state Public Service Commission (PSC) approves the cases, solar experts say there will be a massive chill over solar development in these utilities’ service territories. And they expect other utilities in Wisconsin and beyond will file similar requests.

All three cases would significantly restructure the way residential and business customers are charged for electricity, so that all customers pay a higher fixed amount each month while the variable charges based on electricity use are reduced.

This creates an inherent disincentive to reduce energy use – whether through installing solar panels or increasing energy efficiency. RENEW Wisconsin program and policy director Michael Vickerman described it as a “reverse Robin Hood” move that shifts the burden of paying for electricity from large energy consumers to small consumers.

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International Business Times: Lake Erie Algae Bloom Crisis Is Putting Pressure On Ohio, Farm States To Tackle Agricultural Pollution Problems

Monday, August 18, 2014

On the shores of Lake Erie, the immediate sense of crisis has passed. Following the toxic algae that bloomed in the lake earlier this month, forcing residents of Toledo, Ohio to rely on bottled water for their drinking supply, authorities now offer assurances that the tap water is safe.

But a gnawing fear remains in communities along the lake. The algal bloom has intensified concerns about its apparent source — pollution washing off surrounding fields in the form of fertilizer and manure. Not without reason, people worry that more outbreaks could emerge at any time.

“I’m still drinking bottled water,” said Jessica Morelli, a nursing mother who skipped showers the weekend of the tap water shutdown, worrying she’d get a skin infection that she could potentially pass on to her 8-month-old daughter. “People are still kind of leery. If it could make you so sick one day, how could it be normal so quickly again?”

Around the nation, similar worries have become a part of everyday life as communities grapple with growing volumes of pollution spilling into waterways from livestock and farming operations. Though talk of industrial pollution may summon images of belching smokestacks, the agricultural expanses producing meat, dairy, grains and vegetables are today so enormous that they can generate quantities of water pollution rivaling cities. Yet the rules governing this pollution still generally treat farming as something other than an industry.

The U.S. Environmental Protection Agency does not regulate agricultural runoff, leaving such effluent to be governed by local agencies whose philosophies and standards vary from state to state. State rules and enforcement are often lax, environmental policy experts assert, in part because pushback from agricultural lobbying interests, but also because of limited funding and staffing at regulatory agencies.

“The states to date have had a very ineffective response on what to do about this,” Brad Klein, a senior attorney at the Environmental Law and Policy Centerin Chicago, told International Business Times. “We’re hoping that situations like Toledo provide a wake-up call that this could happen anywhere, and that it’s happening with increasing frequency.”

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Associated Press: NRG to close Illinois coal plant in clean-air move

Monday, August 18, 2014

NRG Energy Inc. announced Thursday its plans to close one Illinois coal-fired generating unit in Romeoville and convert a power facility in Joliet to natural gas, a move the company said would reduce carbon dioxide emissions but also eliminate 250 jobs during the next two years.

Environmental groups called it an important step toward greener energy, but one that doesn’t go far enough to reduce the heat-trapping pollutants blamed for global warming.

The New Jersey-based energy company said it will close Will County Unit 3, one of its two coal-fired units in Romeoville, next April. The company plans to convert its Joliet facility to natural gas by mid-2016. The company also said it would install emissions control technology at its plants in Pekin and Waukegan.

The company took over the four Illinois facilities in April when it acquired in a $2.65 billion deal Edison Mission Energy, which had filed for bankruptcy.

The changes represent a $567 million investment for NRG that will reduce overall carbon dioxide emissions by at least 16 million tons annually by 2020, the company said. The reductions would equal more than half of Illinois’ carbon dioxide reduction goal called for by President Barack Obama’s proposed carbon pollution standards, the company said.

NRG plans to offer voluntary severance packages to workers, company spokesman Dave Gaier said. “These aren’t necessarily layoffs,” Gaier said.

Environmental groups gave the announcement a cautious nod, but called on the company to do more to phase out coal and invest in alternative energy.

“This is a step in the transition to much a cleaner energy economy in Illinois,” said Howard Learner, executive director of Environmental Law and Policy Center. Investment in wind and solar power will create jobs, Learner said.

The Sierra Club released a statement calling attention to NRG’s continued coal burning in Waukegan, Pekin and the second unit in Romeoville.

“For a company that describes itself as a trailblazing power producer, we were hoping and expecting a lot more vision, innovation and forward-thinking in NRG’s approach to its Illinois operations,” said Bruce Nilles of the Sierra Club’s Beyond Coal campaign.

Almost 41 percent of Illinois’ power came from coal-fired power plants in 2012, according to federal statistics.

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Midwest Energy News: Streamlined permits speed up solar development in Chicago

Monday, August 18, 2014

Two years ago, Dorian Breuer waited six months to get permits to install solar panels on his home on the south side of Chicago.

At that same time, Breuer was in the heat of the battle to close Chicago’s two coal-fired power plants, as a leader of the Pilsen Environmental Rights and Reform Organization.

Today the coal plants are closed and Breuer, along with Jack Ailey, another leader in the campaign, run one of the four companies chosen to implement the city’s Solar Chicago program offering discounted solar installations through a bulk buy.

The program is administered by the organization Vote Solar, in partnership with theEnvironmental Law and Policy Center and World Wildlife Fund. It is meant to jumpstart residential rooftop solar energy in Chicago, and if projections go as planned it will mean a raft of new orders for Ailey Solar, founded by Breuer and Ailey two years ago.

Meanwhile, the long wait for a solar permit that Breuer endured has been cut to one day thanks to the city’s Solar Express program launched in October. Between these and other initiatives and developments, Chicago officials and clean energy boosters say things are looking bright for solar in Chicago.

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ELPC to Quadrennial Energy Review: North Dakota’s More than Oil and Natural Gas!

Monday, August 18, 2014

Mindi-QuadEnergyReview

 

For Immediate Release
August 8, 2014
Contact: David Jakubiak, ELPC
312-795-3713, djakubiak@elpc.org

Bismarck, ND – North Dakota’s oil-fueled economic boom should not stifle development of a diverse energy mix, mask the losses of wasteful resource flaring, or place North Dakota’s unique special places at risk, the Environmental Law & Policy Center’s Mindi Schmitz told state, federal and business leaders Friday at the state’s Quadrennial Energy Review.

“This boom is primarily focused on Bakken oil, but there are other energy development opportunities here to diversify the state’s energy mix and broaden the economic expansion,” said Schmitz, North Dakota governmental relations specialist with ELPC.

The Review held at Bismarck State College was attended by a who’s who of federal, state and business leaders from the energy and transportation sector. Gov. Jack Dalrymple was joined U.S. Energy Secretary Ernest Moniz, U.S. Transportation Secretary Anthony Foxx, Sens. John Hoeven and Heidi Heitkamp and Rep. Kevin Cramer. Others on hand included Ron Ness, president of the North Dakota Petroleum Council; Matt Rose, executive chairman of BNSF; and Robert Steede, director of Enbridge North Dakota.

Schmitz noted that North Dakota has the sixth most wind resource in the nation, yet ranks 11th in wind energy production. “There is a substantial and costly gap between the potential represented in the size of the resource and the actual represented by on-the-ground wind development.”

Additionally, she called for continued efforts to end the wasteful venting and flaring of North Dakota’s natural gas resource. While steps have been made, she said, about 1/3rd of the natural gas extracted in the state is still flared. As the number of wells grow,  the amount of gas rises as well.

“In May 2014 alone, operators flared nearly 10 billion cubic feet of gas. That’s enough to heat around 100,000 average homes for a year,” she said.

Flaring, Schmitz said, is taking money out of the pockets of landowners and is costing the local, state and federal government millions in lost tax revenue. “In May 2013, gas flaring cost the state about $3.6 million in lost tax revenue per day.”

Flaring also pollutes, she said, producing huge amounts of harmful, smog-forming nitrogen oxides and volatile organic compounds; greenhouse gas pollution, including carbon dioxide and methane.

Of particular concern, Schmitz argued are special places on North Dakota that are irreplaceable.

“Flames from flaring obscure what were once pristine, starry night skies and pollution from flaring harms the park’s plants and animals,” she said. “We should not be fracking and flaring within view of Teddy Roosevelt National Park or any other special place.”

Schmitz offered 5 recommendations to reduce risks posed by oil developemt:

  • Adopt standards to minimize flaring from oil/mixed oil-and-gas wells;
  • Promulgate requirements to minimize methane leakage from wells, pipes and associated gas production and transport equipment;
  • Pass more stringent rules for pipelines, railcars and trucks to minimize oil/wastewater spills, and strictly enforce those rules;
  • Require that, where possible, fracking wastewater be recycled, and fund research to increase wastewater recycling; and
  • Bolster protections for special places under federal control, including Teddy Roosevelt National Park, the Dakota Grasslands, and other sites with historical, archaeological and natural resource assets.

“We can have responsible energy development with immense benefits, and provide greater protection for North Dakota air, water and special places,” she said.