Clean Power Plan

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.

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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.”

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Indy Star: Trump EPA’s New Energy Plan Tries to Save Coal Industry, but Puts Public Health at Risk

by Sarah Bowman

Under a new federal energy proposal aimed at dismantling Obama-era limits on greenhouse gas emissions, Indiana utilities could scrap plans to shut down several coal-fired power plants.

It’s unclear how the utilities will react if the plan released Tuesday by the Environmental Protection Agency is eventually adopted, but advocates and opponents are already lining up.

Coal industry officials see the Affordable Clean Energy plan proposed by President Donald Trump’s administration as a life preserver at a time when utility executives are increasingly turning to natural gas and renewable energy sources.

“We are very hopeful and encouraged that this will now provide the opportunity for utilities in Indiana who have announced or are considering coal plant closures, that there will be some reconsideration,” said Bruce Stevens, president of the Indiana Coal Council.

But the Trump Administration’s own analysis predicts the plan would put higher levels of dangerous pollutants in the air, causing as many as 1,500 additional premature deaths annually by 2030 from heart and lung disease.

The proposal is expected to meet stern resistance from people concerned about climate change and air pollution, during what is expected to be a lengthy approval process.

“The Trump proposal is unlawful, unacceptable and won’t succeed at saving the coal industry,” said Wendy Bredhold, senior campaign representative for the Sierra Club’s Beyond Coal efforts in Indiana. “Trump’s Dirty Power Plan won’t stop our progress.”

Whether the plan is eventually adopted, or becomes tied up in litigation like a previous Obama proposal remains an open question.

 

 

McCabe, who worked on the Obama Administration’s plan, sees the Trump plan as undermining efforts to slow climate change and protect public health. “I think this plan shows there is no commitment from the current administration to address climate change,” she said. “Zero.”

She said the word “health” is rarely mentioned in the plan, “but that is what the Clean Air program is about, protecting public health and welfare and the environment.”

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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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ELPC Joins Environmental Advocacy Groups Call for Pruitt’s Recusal from Clean Power Plan Rulemaking Process

(Washington, D.C. – January 29, 2018) Environmental and legal advocates today submitted a letter to the Environmental Protection Agency (EPA) calling for EPA to withdraw the proposal to repeal the Clean Power Plan and for Administrator Scott Pruitt to recuse himself from any further Clean Power Plan proceedings.

Environmental Law & Policy Center together with a coalition including the Environmental Defense Fund (EDF), the Center for Biological Diversity, Conservation Law Foundation, Earthjustice, Sierra Club, and Union of Concerned Scientists sent the letter, which lists evidence that shows Pruitt has predetermined the outcome of the process:

“Administrator Pruitt’s comments about the Clean Power Plan make it clear that the deck is stacked and, unfortunately, his mind is closed,” said Howard Learner, Executive Director of the Environmental Law & Policy Center. “Fortunately, federal clean air standards can’t be arbitrarily repealed, but require rigorous, impartial analysis and a decision maker with an open mind who has the interests of all Americans at heart. Administrator Pruitt’s mind appears unalterably closed in this case, and he should be recused from this EPA decision.”

The Clean Power Plan — America’s only nationwide limits on carbon pollution from existing power plants — is the most significant step our nation has taken to tackle dangerous climate change. Once fully implemented, the Clean Power Plan would prevent up to 4,500 premature deaths a year, according to a recent analysis issued by Pruitt’s EPA.

On October 16, 2017, EPA released a proposal to repeal the Clean Power Plan. If finalized, a repeal would leave the U.S. unprotected from our largest stationary source of carbon pollution — even as the urgent threat of climate change becomes ever clearer.

“As the letter documents, Administrator Pruitt’s statements reveal a firmly closed mind on the Clean Power Plan; he has described the CPP’s repeal in ways flatly incompatible with the Clean Air Act’s requirements for a meaningful public process before a final decision is made,” said Sean H. Donahue, counsel for EDF.

The Due Process Clause forbids an official from presiding over a rulemaking when the official has an “unalterably closed mind” about the subject matter, and the Clean Air Act requires a transparent rulemaking process where a final decision is issued only after careful consideration of the law, science, and public comments.

“Scott Pruitt’s tenure as EPA administrator is rife with conflicts of interest. As Oklahoma attorney general, he played a leading role in litigating the EPA’s Clean Power Plan on behalf of his fossil fuel industry campaign contributors. He cannot serve in the conflicting roles of lawyer for one side, judge and jury, and executioner of the Clean Power Plan,” said Ken Kimmell, president of the Union of Concerned Scientists. “It is a clear violation of law for Scott Pruitt to participate in this matter, and it deprives the American public of an open-minded decisionmaker. If Administrator Pruitt really wants to keep his promise to restore ’the rule of law’ at the EPA, he must recuse himself immediately.”

Administrator Pruitt has also publicly repudiated the legal authority for the Clean Power Plan and described the rulemaking process in ways that make clear that he has no intention of considering options other than repeal.

The groups’ letter says Pruitt “has departed egregiously from constitutional and statutory norms meant to protect the public’s ability meaningfully to participate in rulemakings and safeguard the integrity of the administrative process.”

“Pruitt was dancing on the grave of the Clean Power Plan before the rulemaking process had even begun,” said Vera Pardee, senior counsel at the Center for Biological Diversity. “It’s clear Pruitt is hell-bent on killing this crucial climate protection for his friends in the fossil fuel industry, no matter how many lives the rule would save.”

“Scott Pruitt is not fit to participate in any rulemaking process to withdraw the Clean Power Plan. His shrill and steadfast hostility to this critical climate safeguard, as well as his cozy ties to corporate polluters, make clear that he cannot be an impartial decision maker in these matters,” said Joanne Spalding, Deputy Legal Director and Chief Climate Counsel for Sierra Club. “The law therefore requires his recusal from EPA’s misbegotten effort to rescind the Clean Power Plan, and we call upon him to step aside immediately.”

Numerous states have also called on Pruitt to recuse himself from the Clean Power Plan repeal rulemaking and for the current proposal to be withdrawn.

Politico: ELPC Hires Janet McCabe, Obama-era Acting EPA Air Chief

Politico 

McCABE LANDS AT CHICAGO-BASED GREEN GROUP

Janet McCabe, the Obama-era acting EPA air chief who helped mastermind the Clean Power Plan and oversaw various other key regulations, will join the Chicago-based Environmental Law & Policy Center as a senior law fellow, she confirmed to ME. In an email to the ELPC staff yesterday, executive director Howard Learner notes McCabe will work part-time from her native Indianapolis starting May 15. Learner added: “These are extraordinary times, and we are adding top-rate talent to keep building ELPC’s ‘top of our game’ team to play both winning offense and defense. The best defense is a good offense. I am excited to be working together with Janet McCabe to play to win in the changed political circumstances.”

READ HERE

E&E News: ELPC Hires Former US EPA Air Chief Janet McCabe

Obama-era Air Chief Lands at Green Group
By Kevin Bogardus

Janet McCabe, who helped craft President Obama’s Clean Power Plan at U.S. EPA, has landed at a prominent environmental group.

McCabe is joining the Environmental Law & Policy Center as a senior law fellow. She starts at the Midwestern green law and policy group May 15 and will be based in Indianapolis.

In an interview with E&E News, McCabe said she was looking forward to working with ELPC.

People: Comings and Goings
“I’m really excited about this opportunity and want to remain active in these discussions about public health and the environment,” McCabe said.

Howard Learner, executive director of ELPC, said the group was thrilled to bring someone with McCabe’s clout on board, considering the challenging political times for the environmental movement.

“Janet is terrific, and she is one of the nation’s leading clean air attorneys,” Learner said.

“Certainly her knowledge, experience and savvy in developing the Clean Air Act standards during the last administration will give us strong insights into what strategic actions we should take going forward in protecting public health and the environment.”

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WGN Radio’s The Download: ELPC’s Learner Talks to Justin Kaufmann About the Impact of Trump’s Rollbacks of Clean Power Plan & Fuel Efficiency Standards

Why Does President Trump Want to Loosen Fuel Economy Standards?
March 30, 2017
With Justin Kaufmann

Howard Learner, President and Executive Director of the Environmental Law & Policy Center, joins Justin to discuss President Trump rolling back Obama-era fuel efficiency standards, President Trump signing an executive order killing of Obama’s Clean Power Plan and what that means for the economy, technology and climate change.

Listen Here

Greenwire: ELPC’s Howard Learner Says Pruitt Wrong for U.S. EPA

GreenwireTRANSITION: Pruitt Has Mixed Court Record in EPA Showdowns
December 8, 2016
By Jeremy P. Jacobs and Amanda Reilly

As Oklahoma attorney general, Scott Pruitt, President-elect Donald Trump’s pick to lead U.S. EPA, built a record of filing politically charged lawsuits against the agency.

Almost all of those lawsuits failed.

Since Pruitt became attorney general in 2011, the Republican has used the office to launch an offensive against EPA as well as other major Obama administration policies, including the Affordable Care Act.

But a review of those lawsuits by E&E News shows Pruitt lost the majority of those cases, some of which were quickly tossed by federal judges.

Pruitt’s most significant win was the Supreme Court’s decision to put President Obama’s landmark greenhouse gas emissions program on hold. But legal experts say his primary argument — that EPA was overstepping constitutional limits and trampling states’ rights — is unlikely to prevail.

Yet Pruitt has drawn a significant following on the right for his tenacity in challenging the Obama administration. And Pruitt’s legal strategy appears in line with Trump’s strong statements on the campaign trail about rolling back Obama administration regulations that he views as threatening the economy.

The president-elect commented along similar lines in announcing Pruitt’s nomination today.

“For too long, [EPA] has spent taxpayer dollars on an out-of-control anti-energy agenda that has destroyed millions of jobs, while also undermining our incredible farmers and many other businesses and industries at every turn,” Trump said in a statement. “As my EPA Administrator, Scott Pruitt, the highly respected Attorney General from the state of Oklahoma, will reverse this trend and restore the EPA’s essential mission of keeping our air and our water clean and safe.”

Pruitt’s critics, however, say the Republican is more interested in scoring political points than advancing sound legal theories.

“He clearly files politically motivated lawsuits aimed at protecting polluters,” said Bill Snape, an attorney for the Center for Biological Diversity. “And he’s done some odd things legally.”

Howard Learner of the Environmental Law & Policy Center was more direct in assessing Pruitt’s record.

“Look, as Oklahoma’s attorney general, Mr. Pruitt consistently challenged EPA clean air and clean water standards,” Learner said. “And mostly, he did not achieve success.”

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Midwest Energy News: ELPC’s Rob Kelter says New Ohio Energy Bill Could Threaten Jobs

Midwest-Energy-News-Logo

Critics: Jobs Will Be in Jeopardy if Ohio Energy Bill Becomes Law
December 2, 2016
By Kathiann M. Kowalski

On the same day that a new study reported that more than 300 companies in Ohio are part of the supply chains for the wind and solar industries, lawmakers voted a bill out of committee that would make compliance with the state’s clean energy standards voluntary until 2020.

If House Bill 554 becomes law, critics say the state would lose out on business opportunities and jobs. In their view, the bill would also discourage competition, keep electricity prices high and promote pollution that causes health problems and contributes to climate change.

“We’re either going to move in a clean energy direction that produces new jobs related to solar and wind and efficiency,” said Rob Kelter of the Environmental Law & Policy Center, which released the supply chain report on Nov. 30. “Or we’re going to let other states and other countries manufacture these new products.”

‘Behind the Radar’

According to the supply chain report, 207 Ohio companies supply the solar energy industry, 134 manufacture things for the wind energy industry, and 20 serve as suppliers for both industries.

Those companies’ manufacturing operations “are sort of behind the radar,” Kelter noted.

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Public News Service: ELPC’s Rob Kelter says wind and solar play important role in Ohio’s clean-energy future

Public News ServiceReport: Solar and Wind Good Business for Ohio Companies
November 30, 2016
By Mary Kuhlman

COLUMBUS, Ohio – As Ohio lawmakers debate the future of the freeze on the state’s clean-energy standards, a new report highlights how strong clean-energy policies can boost the economic growth of wind and solar energy. According to research released today by the Environmental Law and Policy Center, with more than 300 solar and wind supply-chain businesses, the Buckeye State is primed to become a major renewable-energy hub.

Senior attorney at the center Robert Kelter said the state’s established manufacturing base and trained workforce are a big part of the reason.

“Ohio has a really strong workforce of people in the manufacturing sector, and those people are perfect for the kinds of jobs that are needed to supply the wind and solar industries,” he explained.

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