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Once more, with feeling: EPA is required to regulate carbon from existing power plants

old-power-plant
subadei

I didn't set out to spend all week endorsing Jonathan Chait posts, but he's got a follow-up to the cover story he wrote last week and, well, I endorse it. Like Chait, I continue to believe that Obama's EPA will issue CO2 standards on existing power plants. At the very least, there's no dispositive evidence that it won't. And I too believe that those standards are the most important piece of Obama's climate legacy, if not his overall legacy.

But Chait passes over a key fact that, to my eternal puzzlement, plays little role in the discussion about EPA rules. Quite simply, EPA is legally obligated to issue these rules.

I said it all in a post I wrote early last year, but to recap:

1. In 2007, the Supreme Court ruled in Mass v. EPA that CO2 qualifies as a pollutant under the Clean Air Act.

2. In 2009, EPA issued an endangerment finding that deemed CO2 a threat to public health.

Once those two things happened, a cascading series of of legal obligations was set into motion.

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This scientist needs your help to study air pollution from coal trains

Dan Jaffe
Dan Jaffe

“Do coal and diesel trains make for unhealthy air?”

Dan Jaffe, an atmospheric sciences professor at the University of Washington-Bothell, thinks that’s a fair question to consider as Washington state grapples with whether to allow the construction of coal-export terminals that could triple the amount of daily coal-train traffic chugging through the state.

But Jaffe, whose lab has published more than 100 peer-reviewed papers on air pollution, hasn’t been able to scare up funding to research the potential air-quality impacts of those coal trains. In the absence of dollars from the usual government or corporate channels, he has turned to the internet to crowd-fund this vital research. Jaffe started a page on Microryza, a sort of Kickstarter for scientific research (a great idea with a name that unfortunately does not roll off the tongue). He writes:

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Joe Biden kinda sorta maybe opposes Keystone XL pipeline

Joe Biden and Elaine Cooper
Sierra Club
Sierra Club activist Elaine Cooper with Joe Biden.

Vice President Joe Biden told an activist on Friday that he doesn't support the proposed Keystone XL pipeline, according to a post on the Sierra Club website.

While the veep was working the crowd at an event in South Carolina, Elaine Cooper got a moment with him:

I asked him about the administration’s commitment to making progress on climate and whether the president would reject the pipeline. He looked at the Sierra Club hat on my head, and he said “yes, I do -- I share your views -- but I am in the minority,” and he smiled. ...

I know that this vice president is a man who isn’t afraid to speak from his heart, and who sometimes gets out in front of the rest of the administration on moral issues. It was nearly a year before, on May 6, 2012, that Biden said that he was “absolutely comfortable” with marriage equality. What the vice president said to me on Friday was equally brave and equally right.

Environmental leaders seized on the news, BuzzFeed reports:

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Nuclear plant spills radiation into Lake Michigan

Palisades Nuclear Generating Station
NRC
Palisades Nuclear Generating Station

Last summer, a leaky tank led to the shutdown of the Palisades nuclear power plant in Michigan. So plant owner Entergy patched up the leak, fired back up the reactor, and hoped for the best.

Unfortunately, the best did not materialize.

The tank began leaking again. But no worries, thought the Einsteins at Entergy, it was only leaking a gallon a day. That was OK, they figured, because the NRC had allowed it to leak up to 38 gallons a day. As of Friday, they were still doing that whole "hoping for the best" thing.

But on Saturday the leaky drip turned into a gush, and all the hoping in the world couldn't hold back the tide of spilling radioactive water. Nearly 80 gallons of water containing small amounts of radioactive tritium and possibly trace amounts of cobalt and cesium spewed into Lake Michigan, the Nuclear Regulatory Commission told the AP.

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WTO kills Ontario’s green jobs initiative

Wind turbines in Ontario, where a Canuck conspiracy to discriminate against Japanese and Europeans was foiled by world trade rules.
Shutterstock
Wind turbines in Ontario, where a Canuck conspiracy to discriminate against Japanese and Europeans was foiled by the WTO.

It's great to go green and it's laudable to go local. But don't you dare try to do both at once.

That's the message the World Trade Organization sent this week went it ruled -- again -- that Ontario’s Green Energy Act illegally discriminated against international renewable energy companies. Similar green jobs programs in other countries might also have to be disbanded following the ruling.

The Green Energy Act aims to reduce greenhouse gas emissions while encouraging energy conservation and fostering a jobs-rich renewable energy sector. Under the controversial elements of the act, electricity suppliers could charge premium prices for clean energy, but only if they produced that electricity using a certain amount of locally manufactured equipment like solar panels.

The European Union and Japan protested to the international trade body, claiming that the program illegally discriminated against their manufacturers. The WTO sided with the E.U. and Japan in a November ruling. Ontario appealed against that ruling, and on Monday the WTO rejected the appeal [PDF] while making some minor tweaks to its earlier ruling. From the Toronto Star:

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Conservative newspaper declares love for Obama’s fracker-friendly ways

A Washington Examiner front page in 2010, after Obama called on blacks, Hispanics, women and young people to vote.
Twitter user Maimonides, via The Washington Post
A Washington Examiner front page in 2010, after Obama called on blacks, Hispanics, women, and young people to vote.

Uber-conservative Beltway newspaper The Washington Examiner has revealed its secret crush on Barack Obama and his administration's fracker-friendly ways.

It's not often that the newspaper says anything nice about the president. The Examiner is owned by Philip Anschutz, an oil-drilling magnate, and the newspaper sometimes seems to exist only to beam its owner's conservative views into the brains of D.C. insiders.

In March, for example, the paper's editorial writers likened the president to "a desperate gambler who doubles down on a losing bet" after he called for more green energy spending. In January, the editorial writers charged that "Obamacare threatens states' fiscal autonomy." And, famously, back in 2009, Examiner political correspondent Byron York argued that Obama's "sky-high ratings among African-Americans make some of his positions appear a bit more popular overall than they actually are" -- as if the opinions of blacks shouldn't count.

But when it comes to the Obama administration's complicity in the nationwide fracking spree, the Examiner has nothing but love. Here are some excerpts from "Two cheers for Obama on fracking," the newspaper's May 5 editorial:

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Youngstown, Ohio, voters on fracking: “Yes, please”

fracking-ohio-hplead
Jason Shenk

On Tuesday, voters in Youngstown, Ohio, gave the fracking industry carte blanche to continue pumping chemicals into the ground beneath them and pumping natural gas out.

A city charter amendment that would have outlawed hydraulic fracturing in the city was rejected by voters, with the unofficial final vote tally showing 3,821 votes against and 2,880 in favor. The ballot measure would also have banned new pipelines in the city and prevented oil-field waste from being transported through the city.

A fracking boom is underway in Ohio, especially in its east, where Youngstown is located. But the boom has not brought with it many jobs for Ohioans, despite promises otherwise, as most of the work is being done by specialists who've come in from other states. It has, however, brought with it water pollution problems.

Opposition to the ballot measure was spearheaded by a business-backed group calling itself Mahoning Valley Coalition for Job Growth and Investment. That group was formed especially to defeat the ballot measure, and it easily outspent the measure's backers. In campaigning, the business group had described the ballot measure as unconstitutional, far-reaching, and unenforceable, and claimed it would send the wrong kind of message to the business community.

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How little-known judges could thwart Obama’s climate plans

the E. Barrett Prettyman Federal Courthouse in Washington, D.C.
AgnosticPreachersKid
Danger lurks within.

On any given day, the U.S. Court of Appeals for the D.C. Circuit has the power to throw the environmental movement into complete disarray.

Tucked into a nondescript neighborhood in Washington, D.C., the court isn't well known to the public, but it's often called the second most important court in the United States. It has particular significance to the environmental movement because of its exclusive jurisdiction over regulations involving vital environmental laws like the Clean Air Act, the Clean Water Act, and the Endangered Species Act.

In the early stages of the modern environmental movement, great progress was made through enterprising lawsuits brought by groups such as the Natural Resources Defense Council and Environmental Defense Fund to enforce the protective mandates of those landmark environmental statutes. But the challenge is different now, with judges on the bench seeking to derail, not enforce, these fundamental safeguards. How environmentalists respond to this threat could dramatically impact the success of the movement in combating 21st century environmental threats such as global warming.

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Coal companies have gotten good at wrangling their way out of federal fines

Robert Murray
Reuters / Danny Moloshok
Coal boss Robert Murray, probably contemplating how to minimize his company's latest safety fine.

Back in high school, I had a great strategy for dealing with parking tickets I couldn’t afford to pay: I went down to city hall and challenged them -- sometimes with a legitimate excuse, sometimes not (“The two-hour sign was obscured by a flowering cherry tree!”). I had figured out that bureaucrats cared less about the reliability of my sob story than they did about getting on with their day, so often they’d just roll their eyes, reduce the fine, and shoo me out the door.

Turns out the same tactic works for coal companies facing fines for safety infractions. A Cleveland Plain Dealer investigation found that when federal regulators fine mine operators for violating safety standards, those companies “are fighting significant fines as a matter of course and getting them reduced, if not dropped,” which means “clogging up the appeals process and wearing down a system that lacks resources to match the challenge.” You know, just like a privileged teenager exploiting an overburdened traffic court -- except with hundreds of thousands of dollars, not to mention miners’ lives, at stake.

The Plain Dealer reports:

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California Gov. Jerry Brown blames climate change for early wildfires

Jerry Brown addressing journalists on Monday.
CAL FIRE
Jerry Brown tells journalists what's what on Monday.

California's governor was quick to blame climate change for the early-season wildfires that are already wreaking havoc in his state.

Gov. Jerry Brown (D) has been an advocate for climate action and a fiery critic of climate deniers. On Monday, he visited the state fire department's aviation management unit as firefighters battled the remains of what a couple days earlier had been a raging blaze in the Santa Monica Mountains. While he was there, he shared some choice words with reporters about the causes and consequences of a fire season that's shaping up to be a big one. From the Los Angeles Times:

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