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How Coal-Loving States Are Waging War on Obama’s New Climate Rules

Mother Jones

This week, representatives from the state-level agencies that manage electric grids met in Washington, DC, for a collective freak-out about President Barack Obama’s flagship climate policy. The Clean Power Plan, as it’s called, aims to slash the nation’s carbon footprint 30 percent by 2030. It would require every state to reduce the carbon “intensity” of its power sector—that is, how much greenhouse gas is emitted for every unit of electricity produced.

There’s a unique reduction target for every state, and a likewise diverse array of things for state regulators to hate: They argue the plan is a gross overreach of federal authority; that it will bankrupt utility companies, drive up monthly bills for ratepayers, and lead to power shortages; that states won’t be adequately credited for clean-energy steps they’ve already taken; and that the deadlines for compliance are just downright impossible to meet. And coal companies are justifiably worried that the plan could kill their business.

More than a dozen states (mostly coal-dependent states in the South, which could be hit hardest by the rules) are already raising hell in what’s shaping up to be the environmental version of state-level challenges to Obamacare. As our friend David Roberts at Grist highlighted this week, a number of states have joined a lawsuit challenging the EPA’s legal authority to regulate carbon dioxide emissions. And across the country in those states and others, bills are cropping up that could make it hard or impossible for individual states to meet their mandated carbon targets. The idea is effectively to stonewall the EPA and hope the regulations get killed in court.

The most recent battle is playing out this week in Virginia, where a state representative with ties to the coal industry wants to make it more difficult for the state’s Department of Environmental Quality to comply with the president’s climate goals.

First, a little background: The nation’s first anti-EPA bill came early last year in Kentucky, before the Clean Power Plan was even released. The proposed EPA rule would require Kentucky to cut its power-sector carbon emissions roughly 35 percent by 2030. That’s bad news for the coal industry, which supplies more than nine-tenths of the state’s power. So using a model bill developed by the conservative American Legislative Exchange Council (which has deep ties to the coal industry), Kentucky legislators passed a law that essentially prevents the state from complying with the Clean Power Plan. The new law bars the state from adopting any implementation plan that includes renewable energy or energy efficiency, or that encourages power plants to switch from coal to natural gas. With those restrictions, the EPA goal does indeed seem unreasonable; the state’s top climate official recently told Inside Climate News that he has no idea how to meet the EPA’s demands and stay within state law.

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Scientists: No, We Can’t Fight Climate Change by Burning Trees

Mother Jones

This article originally appeared at the Huffington Post and is republished here as part of the Climate Desk collaboration.

A group of 78 scientists is criticizing an Environmental Protection Agency memo they say may dramatically undermine President Barack Obama’s directive to cut planet-warming emissions.

In a letter to EPA Administrator Gina McCarthy, a group that includes climate scientists, engineers, and ecologists criticizes a November 2014 EPA policy memo that discounts emissions generated by burning biomass, including plants, trees, and other wood products known as sources of biogenic carbon dioxide. Critics said they fear the memo shows how biomass might be treated under the EPA’s forthcoming Clean Power Plan, which will set the first regulations on greenhouse gas emissions from power plants. The EPA is expected to finalize those regulations by summer.

The EPA memo states that using biomass as a source of power is “likely to have minimal or no net atmospheric contributions of biogenic carbon dioxide emissions” as long as the biomass is produced with “sustainable forest or agricultural practices.” It also suggests that states will be able to increase the use of biomass in power plants in order to meet the limits set in the Clean Power Plan. The biogenic energy framework was the subject of a recent article in Politico magazine, which found that the interpretation “could promote the rapid destruction of America’s carbon-storing forests.”

The group of scientists argues that not all types of biomass have the same impact on carbon emissions, and that using more biomass derived from trees will actually increase overall emissions. Treating all biomass the same could lead to cutting down older-growth trees for fuel, and older trees store more carbon. The group cites a statistic from the US Energy Information Agency estimating if woody biomass is treated as carbon-free, an additional 4 percent of electricity in the US could be generated from wood over the next 20 years. The scientists estimate that may boost the US timber harvest by 70 percent.

This would likely lead to cutting even more trees, not only in the US, but around the world, the scientists argue. Even if new trees are grown to replace them, it would take many years for the trees to store as much carbon. Further, they say, burning biomass makes power plants less efficient and increases emissions.

“Including such exemptions for broad categories of biomass fuels in a final rule would not only encourage large-scale harvesting of wood to replace coal and other fossil fuels but also place no limits on the diversion of the world’s agricultural land to energy use, requiring conversions of forests and grasslands to meet food needs,” the group’s letter says.

“They’re going to declare biomass carbon-neutral with the wave of a magic wand,” William Moomaw, a professor of chemical and biological engineering at Tufts University, told The Huffington Post. “It’s not carbon-neutral. It’s a rather appalling failure to actually do the math.”

Most states except Massachusetts consider biomass to be carbon-free, said Moomaw, as does the European Union.

William Schlesinger, dean emeritus at the Nicholas School of the Environment at Duke University and one of the scientists involved in writing the letter, said the EPA memo was “disturbing” because it designates all sustainable biomass as having low carbon emissions, and does not adequately define “sustainable.”

“The EPA made a promise several years ago that it would make its decisions based on science, and the best science,” said Schlesinger. “Here, we’ve got a chance to sit down and look at what the science really says.”

A group of Massachusetts environmental groups issued a statement this week expressing concern about biomass under the Clean Power Plan.

EPA spokeswoman Liz Purchia said in an email to the Huffington Post that the Clean Power Plan isn’t final, and that the framework on biogenic carbon dioxide was designed as a “policy-neutral framework for assessing biogenic CO2 emissions from stationary sources—it was not developed as technical guidance.”

“What we have said repeatedly is that the memo is a snapshot of the issues that have been raised in regards to the role of biomass in how states put together their plans to reduce their carbon pollution,” said Purchia. “But we have made no definitive statements on what the role of biomass will be. We expect certain waste products and forest derived waste products might be ok, but that doesn’t mean all forest products…To reiterate, we don’t assume cutting down forests to power power plants is carbon neutral. This would really be a case by case basis that states would need to show detailed analysis that we’d review. We’d issue additional guidance if needed.”

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Scientists: No, We Can’t Fight Climate Change by Burning Trees

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Scientists Bash EPA’s Take On Burning Wood For Power

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Is biomass really carbon-neutral? Scott Wylie/Flickr A group of 78 scientists is criticizing an Environmental Protection Agency memo they say may dramatically undermine President Barack Obama’s directive to cut planet-warming emissions. In a letter to EPA Administrator Gina McCarthy, a group that includes climate scientists, engineers, and ecologists criticizes a November 2014 EPA policy memo that discounts emissions generated by burning biomass, including plants, trees, and other wood products known as sources of biogenic carbon dioxide. Critics said they fear the memo shows how biomass might be treated under the EPA’s forthcoming Clean Power Plan, which will set the first regulations on greenhouse gas emissions from power plants. The EPA is expected to finalize those regulations by summer. The EPA memo states that using biomass as a source of power is “likely to have minimal or no net atmospheric contributions of biogenic [carbon dioxide] emissions” as long as the biomass is produced with “sustainable forest or agricultural practices.” It also suggests that states will be able to increase the use of biomass in power plants in order to meet the limits set in the Clean Power Plan. The biogenic energy framework was the subject of a recent article in Politico magazine, which found that the interpretation “could promote the rapid destruction of America’s carbon-storing forests.” Read the rest at The Huffington Post.

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Scientists Bash EPA’s Take On Burning Wood For Power

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World Bank to Focus Future Investment on Clean Energy

World Bank will only fund coal projects in cases of ‘extreme need’ due to the risk climate change poses to ending world poverty, says Jim Yong Kim. Jupiterimages/Thinkstock The World Bank will invest heavily in clean energy and only fund coal projects in “circumstances of extreme need” because climate change will undermine efforts to eliminate extreme poverty, says its president Jim Yong Kim. Talking ahead of a UN climate summit in Peru, Kim said he was alarmed by World Bank-commissioned research from the Potsdam Institute for Climate Impact Research in Germany, which said that as a result of past greenhouse gas emissions the world is condemned to unprecedented weather events. “The findings are alarming. As the planet warms further, heatwaves and other weather extremes, which today we call once­-in­-a-century events, would become the new climate normal, a frightening world of increased risk and instability. The consequences for development would be severe, as crop yields decline, water resources shift, communicable diseases move into new geographical ranges, and sea levels rise,” he said. Read the rest at the Guardian. Link:  World Bank to Focus Future Investment on Clean Energy ; ; ;

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World Bank to Focus Future Investment on Clean Energy

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Liz Cheney scorns climate action just as much as her dad

Like father, like daughter

Liz Cheney scorns climate action just as much as her dad

Reuters/Ruffin Prevost |

spirit of america

Darth Vader and his Sith apprentice — a.k.a. Dick Cheney and his daughter Liz — are totally in synch about climate change. Here’s how they responded to a question on the topic during a conversation with Politico’s Mike Allen on Monday:

Mike Allen: Here’s a question from Felix Dodds. What should the Republican Party do about climate change?

Dick Cheney: Liz?

Liz Cheney: Nothing. [Scornful guffaw.] I mean … [Shrug.] Look, I think that what’s happening now with respect to this president and this EPA and using something like climate change as an excuse to kill the coal industry nationwide — and that’s exactly what they’re doing. They’ve been open about it. They even admit that the emissions from coal aren’t actually causing any kind of a heating of the planet. But this is an opportunity to go in, and they’re killing coal. You know, Wyoming is the leading coal-producing state in the nation. But you don’t have to be from Wyoming to understand that your electricity is gonna be directly affected by that. It is bad policy. It’s bad science. We’re seeing increasingly that it’s bad science.

And a much greater threat to us, frankly, is this massive expansion and growth of the bureaucratic state here in Washington — the EPA, the use of things like the Clean Air Act and the Clean Water Act to go directly at people’s private property rights in a way that clearly, frankly, is unconstitutional and is a real threat to our freedom.

That Liz is following in her father’s jackbooted footsteps should come as no surprise. She demonstrated her denier cred during a failed bid for the U.S. Senate last year. She told Fox News’ Sean Hannity that “the science is just simply bogus, you know, we know that temperatures have been stable for the last 15 years.” She tweeted that Obama’s climate policy is “using phony science to kill real jobs. This is a war on coal, a war on jobs, a war on American families.” And she tweeted a photo of a snowy scene as though it were a clever rejoinder to the whole body of climate science:


Source
Playbook Lunch: Vice President Dick Cheney, Lynne Cheney, Liz Cheney, Politico
Science Denier Liz Cheney To Run For Senate In Warming-Threatened Wyoming, ClimateProgress

Lisa Hymas is senior editor at Grist. You can follow her on Twitter and Google+.

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Was the Los Angeles Earthquake Caused by Fracking Techniques?

Mother Jones

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The epicenter of today’s L.A. quake was 8 miles from oil waste injection wells Kyle Ferrar, FracTracker Alliance

Was the 4.4-magnitude earthquake that rattled Los Angeles this morning caused by fracking methods? It’s hard to say, but what’s clear from the above map, made by Kyle Ferrar of the FracTracker Alliance, is that the quake’s epicenter was just eight miles from a disposal well where oil and gas wastewater is being injected underground at high pressure.

Don Drysdale, spokesman for the state agency that oversees California Geological Survey, told me that state seismologists don’t think that the injection well was close enough to make a difference (and the agency has also raised the possibility that Monday’s quake could have been a foreshock for a larger one). But environmental groups aren’t so sure.

In other states, injection wells located 7.5 miles from a fault have been shown to induce seismic activity, points out Andrew Grinberg, the oil and gas project manager for Clean Water Action. “We are not saying that this quake is a result of an injection,” he adds, “but with so many faults all over California, we need a better understanding of how, when, and where induced seismicity can occur with relation to injection.”

“Shaky Ground,” a new report from Clean Water Action, Earthworks, and the Center for Biological Diversity, argues that the close proximity of such wells to active faults could increase the state’s risk of earthquakes. According to the report, more than half of the state’s permitted oil wastewater injection wells are located less than 10 miles from an active fault, and 87 of them, or about 6 percent, are located within a mile of an active fault.

Scientists have long known that injecting large amounts of wastewater underground can cause earthquakes by increasing pressure and reducing friction along fault lines. One of the best known early examples took place in 1961, when the US Army disposed of millions of gallons of hazardous waste by injecting it 12,000 feet beneath the surface of the Rocky Mountain Arsenal near Denver, Colorado. The influx caused more than 1,500 earthquakes over a five year period in an area not known for seismic activity; the worst among them registered at more than 5.0 on the Richter scale and caused $500,000 in damage. Geologists later discovered that the Army well had been drilled into an unknown fault.

As Mother Jones‘ Michael Behar detailed in-depth last year, fracking is now a leading suspect for a spate of serious earthquakes in places that hardly ever see them, such as Oklahoma, where in 2011, a 5.7-magnitude temblor destroyed 14 homes and baffled seismologists.

“In some locations of the US, the disposal of wastewater associated with oil/gas production, including hydraulic fracturing operations, appears to have triggered some low-magnitude seismic activity,” concedes Drysdale, Geological Survey spokesman. But in California, he adds, oil companies are required to evaluate surrounding geology before disposing of wastewater underground, and can’t inject it at dangerously high pressures.

Yet Grinberg, a co-author of the “Shaky Ground” report, says that the existing regulations don’t go far enough now that quake-prone California is poised for a fracking boom. Though he’d like to see a moratorium on fracking while the risks are studied, he wants any eventual regulations to at least require seismic monitoring at or near injection wells and to look at the cumulative earthquake risk of entire oil fields.

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Was the Los Angeles Earthquake Caused by Fracking Techniques?

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Big polluters tell Supreme Court they’re worried for Chinese restaurateurs

Big polluters tell Supreme Court they’re worried for Chinese restaurateurs

Thomas Hawk

The country’s worst climate polluters don’t want to have their carbon dioxide emissions reined in by the federal government. They’ve already tried and failed to convince the Supreme Court that the Clean Air Act doesn’t apply to CO2. So in court on Monday, they claimed to be worried that the EPA could, theoretically, crack down on CO2 produced by everything from Dunkin’ Donuts stores and Chinese restaurants to high school football games. And that would be crazy, so the EPA’s authority to regulate CO2 should be curbed.

The attorney representing conservative states, the U.S. Chamber of Commerce, and major polluters argued before the Supreme Court that the Obama administration erred when it set up a regulatory framework under the Clean Air Act for stationary sources of carbon dioxide, deciding to regulate emissions from major polluters like power plants and factories but not from tens of millions of small operations. The conservative coalition contends that a correct interpretation of the law should see smalltime polluters subjected to the same rules as big polluters — which everyone agrees would be absurd. So the polluters’ attorney told the Supreme Court that Congress should be called on to set new CO2-pollution rules — that it shouldn’t be up to the EPA to decide who is and who isn’t subject to such rules.

The Clean Air Act dictates that facilities need permits from the EPA if their air pollution exceeds 100 tons a year, or 250 tons in some cases. But, as The Christian Science Monitor explains, “The problem with these thresholds when applied to a greenhouse gas (like carbon dioxide) is that greenhouse gases are emitted at much higher volumes than traditional air pollutants. One hundred tons per year of sulfur dioxide is the rough equivalent of 100,000 tons per year of carbon dioxide, experts say.” So the EPA set a higher threshold. For CO2 pollution to be regulated under the Clean Air Act, the EPA decided that a polluter must pump out more than 75,000 or 100,000 tons a year.

The New York Times reports on some of the absurdity from Monday’s hearing:

Jonathan F. Mitchell, the solicitor general of Texas, which challenged the regulations along with other states, said a faithful interpretation of the statute would require that its permit requirements be imposed “on the corner deli or the Chinese restaurant or a high school building.” …

Justice Breyer and Chief Justice John G. Roberts Jr. wondered if the law might reach high school football games.

Why are polluters so focused on these trivialities? As Grist’s Ben Adler explained, these hardcore global warmers had attempted to convince the court to hear a variety of more far-reaching challenges to the government’s regulation of carbon dioxide, but the vast majority of those challenges were rejected. Pretending to care about a hypothetical EPA crackdown on climate-changing Chinese restaurants and local sporting events is the best shot these guys have left.

The Times reports that at Monday’s hearing “the justices seemed divided along ideological lines over whether [the EPA’s approach] was a sensible accommodation or an impermissible exercise of executive authority.” A ruling in this case, called Utility Air Regulatory Group v. EPA, is expected in June.


Source
For the Supreme Court, a Case Poses a Puzzle on the E.P.A.’s Authority, The New York Times
Supreme Court takes up challenge to Obama and the EPA, The Christian Science Monitor
Carbon Copy: Understanding What Is, and Is Not, At Stake in the Latest Supreme Court Climate Case, NRDC’s Switchboard

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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North Carolina Protected Duke Energy from Pollution Complaints Before the Company’s Coal Ash Disaster

Mother Jones

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Last year, North Carolina’s top environmental regulators thwarted three separate Clean Water Act lawsuits aimed at forcing Duke Energy, the largest electricity company in the country, to clean up its toxic coal ash pits in the state. That June, the state went even further, saying it would handle environmental enforcement at every one of Duke’s 31 coal ash storage ponds in the state—an act that protected the company from further federal lawsuits. Last week, one of those coal ash storage ponds ruptured, belching more than 80,000 tons of coal ash into the Dan River.

Now environmental groups and former regulators are charging that North Carolina Republican Gov. Pat McCrory, who worked for Duke for 30 years, has created an atmosphere where the penalties for polluting the environment are low.

The Associated Press reports that McCrory’s Department of Environment and Natural Resources blocked three federal Clean Water Act suits in 2013 by stepping in with its own enforcement authority “at the last minute.” This protected Duke from the kinds of stiff fines and penalties that can result from federal lawsuits. Instead, state regulators arranged settlements that carried miniscule financial penalties and did not require Duke to change how it stores the toxic byproducts of its coal-fired power plants. After blocking the first three suits, which were brought by the Southern Environmental Law Center, the state filed notices saying that it would handle environmental enforcement at every one of Duke’s remaining North Carolina coal ash storage sites—protecting the company from Clean Water Act lawsuits linked to its coal waste once and for all.

The Dan River disaster became public on February 3—one day after Duke officials had been alerted that a pipe beneath a coal ash storage pit of nearly 30 acres had ruptured. “The company reports that up to 82,000 tons of coal ash mixed with 27 million gallons of contaminated water drained out, turning the river gray and cloudy for miles,” the AP reports. “The accident ranks as the third largest such coal ash spill in the nation’s history.”

The AP story suggests that McCrory’s settlements with Duke are part of a pattern of regulatory slackness. A former North Carolina regulator who recently left to work for an environmental advocacy group after nine years working for the state told the AP that under McCrory, who took office in early 2013, she was often instructed not to fine or cite polluters, but instead to help them reach compliance standards. The article continues:

Since his unsuccessful first campaign for governor in 2008, campaign finance reports show Duke Energy, its political action committee, executives and their immediate families have donated at least $1.1 million to McCrory’s campaign and affiliated groups that spent on TV ads, mailings and events to support him.

After winning in 2012, McCrory has appointed former Duke employees like himself to key posts, including state Commerce Secretary Sharon Decker.

His appointee to oversee the state environmental department, Raleigh businessman John Skvarla, describes his agency’s role as being a “partner” to those it regulates, whom he refers to as “customers.”

“That is why we have been able to turn DENR from North Carolina’s No. 1 obstacle of resistance into a customer-friendly juggernaut in such a short time,” Skvarla wrote in a letter to the editor of the News & Observer of Raleigh, published in December. “People in the private sector pour their hearts and souls into their work; instead of crushing their dreams, they now have a state government that treats them as partners.”

McCrory hit back, telling the AP that his administration is “the first in North Carolina history to take legal action against the utility regarding coal ash ponds.” Duke Energy has also made large donations to Democrats, giving $10 million for the Democratic National Convention in 2012.

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North Carolina Protected Duke Energy from Pollution Complaints Before the Company’s Coal Ash Disaster

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Greens sue EPA over Pacific Northwest’s increasingly acid waters

Greens sue EPA over Pacific Northwest’s increasingly acid waters

Daniel Powell

The rugged waters off Oregon are turning acidic.

Carbon emissions are turning seawater acidic, and environmentalists say that’s a violation of the Clean Water Act.

The Center for Biological Diversity filed a lawsuit Wednesday against the EPA, challenging the agency’s assertion that the increasingly acidic ocean off Oregon and Washington meets federal water-quality standards.

Perhaps a quarter of the carbon dioxide that we pump into the air mixes into the sea, where it reacts with water to produce bicarbonate. The byproducts of these reactions are loose hydrogen atoms, which lower the marine pH. The concentration of hydrogen ions in surface ocean waters has risen 26 percent since the Industrial Revolution, reducing pH levels by 0.1 unit.

Rising ocean acidity has hit the Pacific Northwest hard, and local shellfish hatcheries have been in crisis since 2005. That’s because the deep near-coastal waters experience extensive upwelling — in which waters rise and sink, carrying minerals and nutrients up and down like elevators. Strong upwelling zones off Chile and southern Africa are also being severely affected by acidification.

The Center is arguing in federal court that the acidic waters of Oregon and Washington should be defined by the EPA as impaired. If that were to happen, new pollution control measures may be required to repair the water quality, potentially prompting greater government urgency in clamping down on greenhouse gas emissions.

This is not the first time that the Center has taken such action. From EarthFix:

The Center for Biological Diversity filed a similar lawsuit in 2009. Back then, the EPA agreed with the center and determined that it should address acidification under the Clean Water Act.

But the environmental group says the EPA has not taken the necessary actions since then.

“We need fast action to save marine diversity, because when the harm of ocean acidification deepens we’ll realize how much we all depend on the ocean,” Miyoko Sakashita, the Center’s oceans director, said in a statement. “The Pacific Northwest is among the places getting hit hardest at the outset of this crisis. Although some state officials in Washington are taking it seriously, we need the EPA and the Clean Water Act to truly begin addressing it on a broader scale.”


Source
Lawsuit Asks EPA to Save Pacific Ocean Shellfish, Wildlife From Acidification, Center for Biological Diversity
Group Sues EPA To Address Ocean Acidification Under Clean Water Act, EarthFix

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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Report: 38,600 Green Jobs Announced in Second Quarter

Fifty-eight clean energy and clean transportation projects were announced in the second quarter of 2013, including a wind power transmission project in Missouri and Kansas.

The clean energy and clean transportation sectors continued to create jobs during the second quarter of this year, according to a recent report published by Environmental Entrepreneurs (E2), a community of business leaders who promote environmental policies that also benefit the economy. The report states that across the country, 58 clean energy and clean transportation projects were announced, which could lead to as many as 38,600 new jobs, a number slightly higher than that reported during the second quarter of last year.

These new jobs come from a variety of areas, including renewable energy, public transportation, electricity grid improvements and energy efficiency. Renewable energy jobs make up the greatest number with more than 13,300, and these projects include solar, wind, biomass and other energy sources.

“Clean energy jobs are alive, well and growing,” said Judith Albert, executive director of E2, in a press release. “Smart policies like renewable energy standards at the state level, coupled with federal policies like President Obama’s climate change initiative, promise to keep that growth going.”

Some states made notable achievements with their project announcements, including Missouri and Kansas, which made the top 10 list of states to announce clean energy projects for the first time. These two states will be involved in a transmission upgrade project that will transmit more than 3,500 megawatts of wind energy east to other states. For the first time, Hawaii and Alaska were also included in the top 10 states to announce clean energy projects.

Maryland announced an expansion to the existing light-rail system in Baltimore, which will create many new construction jobs. Photo: Wikimedia Commons

Maryland, which placed third on the list, announced a $2.6 billion expansion to Baltimore’s light-rail system. The improvements will include 20 new stations, reduce carbon emissions over time and create more than 4,200 construction jobs.

California announced 12 clean energy and transportation projects, the most of any state, which could lead to as many as 9,000 jobs.

To learn more about these and other clean energy projects, as well as to see a state-by-state breakdown of projects, visit cleanenergyworksforus.org.

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Report: 38,600 Green Jobs Announced in Second Quarter

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