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Supreme Court slaps down Big Coal

Take that!

Supreme Court slaps down Big Coal

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Take that, filthy old power plants. The Supreme Court says you can’t just send your pollution willy-nilly over state borders.

The New York Times reports:

In a major environmental victory for the Obama administration, the Supreme Court on Tuesday upheld the Environmental Protection Agency’s authority to regulate the smog-causing pollution from coal-fired power plants that wafts across state lines from 27 Midwestern and Appalachian states to the East Coast.

The 6-to-2 ruling upholds a centerpiece of what has become a signature of President Obama’s environmental agenda: a series of new Clean Air Act regulations aimed at cutting pollution from coal-fired power plants. Republicans and the coal industry have criticized the effort as a “war on coal.”

More from the Associated Press:

Sulfur dioxide and nitrogen oxide pollution from power plants can be carried long distances and the pollutants react with other substances to form smog and soot, which have been linked to respiratory illnesses and other disease. The cross-border pollution has prevented many cities and counties from complying with health-based air pollution standards set by law, because they have no authority to control it.

It will be expensive for electric utilities to comply with the EPA rules, and they’ll likely have to shut some polluting power plants down, but the administration argues that it’ll be worth it. From AP again:

The EPA said the investments would be far outweighed by the hundreds of billions of dollars in health care savings from cleaner air. The agency said the rule would prevent more than 30,000 premature deaths and hundreds of thousands of illnesses each year.

Public health activists and enviros are psyched about the ruling. The Obama administration is pleased. People who simply like to breath clean air should be happy too.

The ruling also signals that the court might be supportive of EPA’s plans to limit carbon dioxide pollution from power plants via Clean Air Act regulations. Because Congress is deadlocked and won’t be passing serious climate legislation anytime soon, these types of regulations are one of the administration’s key tools for combating climate change. Proposed rules on CO2 from existing power plants are due to be released in June.

Today’s ruling “means that there are six Justices on the Court — including Chief Justice Roberts and Justice Kennedy — who are willing to follow the text of the Clean Air Act where it leads, recognizing that the Act provides the EPA with ample authority to address some of the major environmental challenges of our time,” Tom Donnelly, counsel at the progressive think tank Constitutional Accountability Center, told ThinkProgress.

With that, we can all breathe a little easier.


Source
In Victory for Obama, Court Backs Rules for Coal Pollution, The New York Times
Court upholds EPA rule on cross-state pollution, The Associated Press
What The Supreme Court’s Latest Air Pollution Ruling Means, ThinkProgress
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Obama makes a push for solar power

A bright idea

Obama makes a push for solar power

Nellis Air Force Base

The White House threw a solar party on Thursday, and the streamers and ticker tape came in the form of millions of dollars of new support for solar projects. The Hill reports:

The Obama administration on Thursday announced a $15 million program to help state, local and tribal governments build solar panels and other infrastructure to fight climate change.

Energy Secretary Ernest Moniz and White House counselor John Podesta announced the program at what the White House billed as a “solar summit” designed to push governments and private and nonprofit businesses to up their use of solar power.

Agence France-Presse elaborates:

Thursday, the White House launched a program to encourage federal agencies, military installations, and publicly-subsidized buildings in the Washington area to install more solar panels on roofs, covered parking garages and open land.

And, earlier in the week, the Energy Department guaranteed at least $2.5 billion in loans for “innovative” solar projects.

The Environmental Protection Agency also pledged Thursday to double the use of renewable energy at its network of 1,500 partners organizations — including schools, public buildings, and businesses — within the next 10 years.

Supporting solar energy isn’t just good for the climate and for air and water quality. It’s good for the economy. A White House fact sheet said the industry employs nearly 143,000 Americans — a number that has grown more than 50 percent since 2010.


Source
Obama puts $15M into solar power, The Hill
Obama launches measures to support solar energy in US, Agence France-Presse
FACT SHEET: Building on Progress – Supporting Solar Deployment and Jobs, The White House

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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Ohio blames frackers for earthquakes

Let’s get ready to not rumble!

Ohio blames frackers for earthquakes

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Ohio officials have linked fracking in the state to an unprecedented swarm of earthquakes that struck last month. Following its investigation, the state is imposing new rules to help reduce frackquake hazards.

It’s well-known that frackers can cause earthquakes when they shoot their polluted wastewater into so-called injection wells. But a swarm of earthquakes that hit Mahoning County, Ohio, last month was different — it occurred not near an injection well, but near a site where fracking had recently begun. State officials investigated the temblors and concluded that there was a “probable connection” between them and hydraulic fracturing near “a previously unknown microfault.”

On Friday, following the discovery, the Ohio Department of Natural Resources announced that frackers will need to comply with new permit regulations. Under the tougher rules, frackers operating within three miles of a known fault or seismically active area will need to deploy sensitive seismic monitors. And if those monitors detect an earthquake, even if the magnitude is as small as 1.0 on the Richter scale, fracking will be suspended while the state investigates.

Meanwhile, the fracking operation linked to the recent quakes will remain suspended until a plan is developed that could see drilling resumed safely, an official told Reuters.

“While we can never be 100 percent sure that drilling activities are connected to a seismic event, caution dictates that we take these new steps to protect human health, safety and the environment,” said agency head James Zehringer.

Leaders in other states, including fracker-friendly California Gov. Jerry Brown (D), might want to pay attention to Ohio’s findings and its sensible new regulations. You may recall that frackers recently called L.A. city council members “appallingly irresponsible” after they asked scientists to investigate whether a swarm of earthquakes in the city was linked to nearby fracking. “Appealingly responsible” might be more apt.


Source
Ohio Announces Tougher Permit Conditions for Drilling Activities Near Faults and Areas of Seismic Activity, Ohio Department of Natural Resources
Ohio links fracking to earthquakes, announces tougher rules, Reuters

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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GMO labeling would be outlawed by new bill in Congress

GMO labeling would be outlawed by new bill in Congress

mikescottnz

State-led efforts to mandate GMO labels are blossoming like a field of organic tulips, but members of Congress are trying to mow them down with legislative herbicide.

Maine and Connecticut recently passed laws that will require foods containing GMO ingredients to be clearly marked as such — after enough other states follow suit. And lawmakers in other states are considering doing the same thing. The trend makes large food producers nervous — nervous enough to spend millions defeating ballot initiatives in California and Washington that also would have mandated such labels. They worry that the labels might scare people off, eating into companies’ sales and profits.

So a band of corporate-friendly members of Congress has come riding in to try to save the day for their donors. A bipartisan group led by Reps. Mike Pompeo (R-Kan.) and G.K. Butterfield (D-N.C.) has signed onto legislation introduced Wednesday that would run roughshod over states’ rules on GMO labels. Reuters reports:

The bill, dubbed the “Safe and Accurate Food Labeling Act,” was drafted by U.S. Rep. Mike Pompeo from Kansas, and is aimed at overriding bills in roughly two dozen states that would require foods made with genetically engineered crops to be labeled as such.

The bill specifically prohibits any mandatory labeling of foods developed using bioengineering.

Large business groups cheered the legislation, which could receive its first hearings in the summer. “The GMO labeling ballot initiatives and legislative efforts that many state lawmakers and voters are facing are geared toward making people wrongly fear what they’re eating and feeding their children,” said the American Farm Bureau Federation’s president.

But groups that believe Americans have a right to know what they’re eating and which farming technologies they’re supporting are of course opposed, characterizing the bill as a desperate salvo by Big Food in the face of overwhelming support for GMO labels. The opponents have dubbed the bill the Deny Americans the Right to Know Act.

“If the DARK Act becomes law, a veil of secrecy will cloak ingredients, leaving consumers with no way to know what’s in their food,” said the Environmental Working Group’s Scott Faber. “Consumers in 64 countries, including Saudi Arabia and China, have the right to know if their food contains GMOs. Why shouldn’t Americans have the same right?”

Whatever you choose to call it, the bill is unlikely to have success beyond the GOP-controlled House.


Source
U.S. bill seeks to block mandatory GMO food labeling by states, Reuters
GMO labeling bill would trump states, Politico

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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GMO labeling would be outlawed by new bill in Congress

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In the battle against proposed coal terminals, you are kicking ass

In the battle against proposed coal terminals, you are kicking ass

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Companies that want to build hulking coal export terminals in Washington state have put out an industrywide mayday after a string of similar proposed projects were defeated amid fierce local opposition from activists and neighbors.

Opponents of such projects are worried about climate change and local air pollution and congestion. And now the terminal developers are worried that they are staring down complete and utter defeat. The Missoulian reports on a delightful tidbit from an energy conference last week:

Developers said Wednesday they are politically outmatched in their battle to build two coal ports in Washington state, and they’re begging for help from Montana industry.

That means letters, online comments and even trips to hearings in the Pacific Northwest, where regulators are conducting an “unprecedented” environmental review, developers said during Montana Energy 2014 in Billings.

“Lots and lots of ground-level organizing. And I’ll tell you, the opposition is better at it than we are,” said Wendy Hutchinson of Millennium Bulk Terminals, which is seeking to build the $643 million Longview dock on the Columbia River.

Coal industry leaders pledged to rush to the defense of their enfeebled would-be port-developing conspirators. If the developers fail to build or expand ports where coal can be loaded onto ships bound for Asia, then coal companies’ fortunes will fall with them. Coal consumption has been declining in the U.S. and producers see exports as their only savior.

“We either stand alone and fall,” said Bud Clinch, director of the Montana Coal Council. “Or we become a team and help each other.”

Message to coal export protesters: Don’t let down your guard.


Source
Coal port developers ask for support in Pacific Northwest, The Missoulian

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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FDA tells livestock and dairy farmers: We’re cutting you off — no more beer!

FDA tells livestock and dairy farmers: We’re cutting you off — no more beer!

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The United States is about to have a slew of hungry and sober cows on our hands, which, for the record, is not a good combination for any mammal.

The FDA’s proposed Food Safety Modernization Act guidelines would prohibit breweries from sharing their fermented grains (yum!) with livestock farmers. Farmers have long been using this boozy mash as free feed for their cows, and this relationship has provided an efficient way for both the beer industry to repurpose its waste, and for cows, like so many humans, to possibly enjoy a little buzz with their carb intake.

From Politico:

“This is a practice that’s been going on for centuries without any incident or risk to human health,” said Chris Thorne, vice president of communications for the Beer Institute. Thorne said his association is “cautiously optimistic” that the FDA will address the issue and said several lawmakers have been receptive to its concerns.

Politico reports that 13 senators have moved to block this stipulation of the proposed regulations. Sen. Mark Udall (D-Colo.), for example, wrote an open letter to FDA Commissioner Margaret Hamburg to make his case for preserving the brewer-farmer relationship:

Regardless of the size of the brewer – whether the operation is small, medium or large the Colorado experience has been that this industry embraces community and prioritizes sustainable practices. Partnership between brewers and farmers is longstanding and it allows for an environmentally responsible way to dispense with an otherwise useless byproduct.

Udall also argues that decades worth of USDA data on spent brewers’ grains used as livestock feed includes no evidence of compromised food safety. On the citizen front, a petition to change the rules popped up on the White House website.

So what’s the effect on the farms? We learned about the situation of Krainick Dairy in Enumclaw, Wash., from Kendall Jones at Washington Beer Blog. For those curious as to how many pounds of spent grain one farm can use, Krainick Dairy collects between 3 and 4 million pounds of it from 11 breweries and four distilleries in the Puget Sound region, and uses it to feed 1,000 cows. This includes trub and yeast used in the fermentation process.

And how much spent grain would have to be thrown away if these regulations were instated? Seattle’s Georgetown Brewing Company told us that they can produce 200,000 pounds of it in one month, all in service of brewing 20,000 gallons of tasty beer. The Colorado-based Brewers Association issued a statement detailing the additional costs of waste management that breweries across the country would face if the proposed regulations go through:

The proposed FDA rules on animal feed could lead to significantly increased costs and disruption in the handling of spent grain. Brewers of all sizes must either adhere to new processes, testing requirements, recordkeeping and other regulatory requirements or send their spent grain to landfills, wasting a reliable food source for farm animals and triggering a significant economic and environmental cost.

We spoke with Mike Krainick, the owner of Krainick Dairy, about the proposed FDA legislation. He told us that the legislation has significant potential to harm his business.

“It could have a dramatic effect on our livelihood. We’ve spent a lot on trailers and infrastructure and support networks on our farm for all of this, and you don’t pay for that overnight — it’s an investment. I count on the breweries as much as they count on me.”

Let’s review: You have beer and cheese, two wonderful things without which life would be a much more depressing prospect. Their respective methods of production symbiotically support each other. That is a truly beautiful thing – almost as beautiful as beer cheese itself, which is the highest of high praise.

Eve Andrews is a Grist fellow and new Seattle transplant via the mean streets of Chicago, Poughkeepsie, and Pittsburgh, respectively and in order of meanness. Follow her on Twitter.Find this article interesting? Donate now to support our work.Read more: Business & Technology

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FDA tells livestock and dairy farmers: We’re cutting you off — no more beer!

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Republicans join Democrats in trying to revive wind energy incentives

Republicans join Democrats in trying to revive wind energy incentives

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The political winds in the nation’s capitol shifted on Thursday in favor of wind energy.

A Senate committee passed a bill that would restore two key tax credits for the wind industry. Both credits have helped spur the sector’s rapid growth in recent years, but Congress allowed them to expire at the end of last year. Uncertainty over whether the incentives would be extended into 2014 was blamed for a startling decline in wind farm construction last year, when just 1 gigawatt of capacity was installed — down from 13 gigawatts the year before.

Thursday’s move by the Senate Finance Committee doesn’t guarantee that the full Senate will support resurrection of the credits, much less the Republican-controlled House of Representatives. But encouraging signs emerged after Sen. Pat Toomey (R-Pa.) tried to kill the credits. He argued that restoring them would amount to picking energy-industry winners and losers and forcing taxpayers to “subsidize inefficient, uncompetitive forms of energy.” (Meanwhile, taxpayers continue a century-long tradition of subsidizing fossil fuels.) CleanTechnica reports on the encouraging bipartisan response to Toomey’s effort:

The PTC [wind energy Production Tax Credit] and the alternate Investment Tax Credit were added overnight to a modified “Chairman’s mark,” after an earlier draft released Monday left them and several other provisions for further negotiation.

They prevailed on a critical 18-6 vote during the committee markup late Thursday morning, on a motion by Sen. Pat Toomey (R-PA) to strip them out. Five Republicans joined the committee’s Democrats in voting down that amendment: Sens. Chuck Grassley (R-IA), John Thune (R-SD), Rob Portman (R-OH), Mike Crapo (R-ID), and John Cornyn (R-TX).

A number of Senators on both sides of the aisle highlighted the success of the PTC and ITC. Grassley spoke at length in favor of the tax credits, and called Toomey’s arguments against their extension “intellectually dishonest,” considering billions of dollars a year in permanent incentives for other forms of energy with which renewable energy competes.

The wind energy industry cheered the development and called on the full Senate and the House to follow suit. “Passage by the full Congress will preserve an essential incentive for private investment that has averaged $15 billion a year into new U.S. wind farms, and create more orders for over 550 American factories in the supply chain,” said Tom Kiernan, chief executive of the American Wind Energy Association.


Source
Renewable Energy Production Tax Credit Gets Important Last-Minute Push, CleanTechnica
Wind tax credit survives Senate Finance markup, The Hill

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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California’s cap-and-trade program pays loggers to clearcut old-growth forests

California’s cap-and-trade program pays loggers to clearcut old-growth forests

Ebbets Pass Forest Watch

Does this look climate-friendly to you?

Timber industry lobbyists clinched a nice little victory in Sacramento four years ago, and now forests and the climate are paying the price.

Under California’s cap-and-trade program, which began in late 2012, timber companies can earn carbon credits by felling forests and chopping down old-growth trees — and then replanting the razed earth with younger trees. Which they will eventually chop down, again, after they have grown. The idea was that the younger trees would suck up a lot of carbon dioxide as they grew. But that flies in the face of scientific findings, published earlier this year in the journal Nature, that older trees are far better than their younger cousins at sucking carbon out of the sky.

A coalition of environmental groups sent a letter on Tuesday to the California Air Resources Board and Climate Action Reserve, the state’s carbon-offset registry, urging them to reconsider the wrongheaded rules:

Ignoring objections and calls from nongovernmental organizations like Sierra Club California, Center for Biological Diversity, and others to remove or modify these provisions, the Air Resources Board rubber-stamped the Forest Protocol and incorporated it intact as an integral part of the ARB’s cap and trade rules. We believe these actions by CAR and ARB were misguided policy decisions, and should be reconsidered in light of the new scientific findings.

In our view, the flawed Forest Protocol undermines the credibility of California’s cap and trade system by incentivizing the destruction of old-growth forests in the state and in North America.

“It’s time to cut the incentives for clearcutting from the cap and trade program,” said John Trinkl of Ebbets Pass Forest Watch, which works to protect forests from clearcutters, including Sierra Pacific Industries, which lobbied for the logging-friendly provisions. “SPI stands to gain $100 million for selling offset credits from growing tree plantations after clearcutting old growth forests. They should be punished, not rewarded.”

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.Find this article interesting? Donate now to support our work.Read more: Business & Technology

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California’s cap-and-trade program pays loggers to clearcut old-growth forests

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Here’s a shorebird’s-eye view of the Galveston oil spill

Slick Vid

Here’s a shorebird’s-eye view of the Galveston oil spill

When an oil barge collided with a container ship on Saturday in Galveston, Texas, as many as 168,000 gallons of fuel were spilled into the estuary, threatening wildlife and shutting down the busy port for days.

Yadda yadda. Different spill, same old spill news.

Here’s a slightly different view than you might be used to, from Project Survival Media. Turns out that oil is less beautifully troubling, and more palpably gross, from the shorebird’s-eye view, where it churns in the waves like salad dressing gone wrong.

That lumpy goodness is probably IFO-380, or what’s left after all the gas and diesel and kerosene have been taken out of crude oil. “It’s commonly referred to as bottom of the barrel stuff,” as Greg Pollack, a local oil spill prevention commissioner, told the Galveston Daily News. It usually floats near the surface, which is good for cleaning crews, but sometimes sinks when it gets close enough to shore to start picking up sediment. Unlike crude oil — which is what spilled the last time this area got slicked, by Deepwater Horizon in 2010 — this heavy fuel oil won’t evaporate, so leftovers may circulate far and wide.

Texas officials released a map of the spill’s probable extent on Wednesday. (Just to be clear, the “safety zones” are the ones where you’re NOT safe from getting oiled.)

KHOU
Source
What is the tarry stuff washing up shorelines?, Galveston Daily News

Amelia Urry is Grist’s intern. Follow her on Twitter.

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Ohio lawmakers: All right, folks, we guess it’s okay for you to buy Teslas

Ohio lawmakers: All right, folks, we guess it’s OK for you to buy Teslas

Tesla

If you live in Ohio, your lawmakers are poised to allow you to purchase a Tesla from a sales center — without forcing you to drive outside the borders of the Buckeye State to do your eco-friendly spending.

But legislative efforts to placate the Ohio Automobile Dealers Association will nonetheless cap the number of sales offices Tesla is allowed to operate inside the state at three – and other auto manufacturers will be barred outright from hawking their wheel-spinning wares direct to buyers. Here’s the news, courtesy of NJTV:

An Ohio Senate committee approved a bill formally barring automakers from selling directly to consumers except for a maximum of three outlets for electric-car builder Tesla Motors Inc.

The measure was a compromise between the company and the Ohio Automobile Dealers Association, which had sought to block Tesla from selling without a middleman, according to state Sen. Scott Oelslager, the committee chairman.

Tesla, based in Palo Alto, Calif., operates Ohio stores in Columbus and Cincinnati and will be permitted to add a third as long as the company isn’t sold or acquired and doesn’t produce anything other than all-electric vehicles, under the legislation worked out yesterday.

Why are states getting into the strange business of banning a wildly hyped, pretty cool, awfully expensive electric car manufacturer? Tesla’s direct sales model has drawn opposition from car salesmen — middlemen who fear becoming superfluous as Tesla champions a direct-to-consumer auto-marketing model. That opposition has led to sales bans in five states and restrictions in two others.

In New Jersey, for example, Grist’s Ben Adler explains that Gov. Chris Christie’s administration is forcing the electric-auto maker to shut down its two sales offices. The promising news there is that a Democratic assemblyman recently introduced a bill that would unshackle Tesla from Christie’s new ban on its sales model.


Source
Tesla may be nearer to a compromise in Ohio, NJTV

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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