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Climate Hawks Aren’t Impressed With Obama’s Methane Plan

Mother Jones

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

You would expect environmentalists to offer effusive praise as President Obama releases the final major component of his Climate Action Plan: a proposal to clamp down on methane emissions from the oil and gas sector. And at first glance, they did.

“This announcement once again demonstrates the President’s strong commitment to tackling the climate crisis,” said League of Conservation Voters President Gene Karpinski. A number of other environmental groups echoed that sentiment. If you didn’t read between the lines, you might think Obama had given them all they wanted.

He did not. Not even close. Environmental leaders, while praising the Obama administration’s intentions, warned that it will have to do much more than it pledged to last week if it is to meet its own stated goal for cutting methane emissions.

Methane, you’ll remember, is a greenhouse gas that is 86 times more potent than CO2 over a 20-year timeframe. When natural gas or oil is extracted through a fracking well, some methane often leaks out. (Natural gas is pretty much just methane.) Methane can also leak from old, abandoned wells, and from pipelines during transport. Between 1 and 3 percent of all US natural gas production is lost to leakage. According to government estimates, methane makes up 9 percent of US greenhouse gas emissions, and roughly one-third of that comes from the production and transportation of oil and gas. When natural gas is burned as a fuel, it releases about half as much CO2 as coal, but studies have found that methane leakage can wipe out natural gas’s climate advantage over coal. Methane from oil and gas is the fastest-growing source of greenhouse gases in the US and it is projected to grow 25 percent by 2025 if no action is taken to stop it.

Hence the Obama administration now says it will take action—but what it’s proposing is not nearly far-reaching enough, activists say. The administration last week laid out an ambitious target for reducing methane emissions, but no definite way of getting there. They say that they intend to reduce methane leakage by 40 to 45 percent from 2012 levels by 2025. But their plan does not propose to regulate leakage from existing wells and pipelines, just from new and modified sources. This despite the fact that existing wells will continue to be big leakers into the future; one study last year projected that nearly 90 percent of methane emissions from the oil and gas sector in 2018 will come from sources that were in existence in 2011.

The EPA hasn’t actually unveiled its draft regulations yet—that will happen this summer, followed by a public comment period, and then the regs will be finalized next year. Meanwhile, EPA says it will work with the oil and gas industry to help it voluntarily control leaks at existing wells without federal rulemaking.

Even the enviros who had nice things to say about the plan still urged Obama to address existing sources as well as new ones. Leading Senate climate hawk Sheldon Whitehouse (D-R.I.) subtly expressed his hopes for a more complete plan, saying, “While these are important first steps, we also need to pin down the full scope of the methane leakage problem and implement strong, enforceable standards throughout the oil and gas supply chain.” Asked by Grist for clarification of what that meant, Whitehouse spokesperson Seth Larson said in an email, “we hope more will be done in the future on both methane leakage and on existing sources.”

The Environmental Defense Fund, which has been criticized by other enviros for working with the oil and gas industry to improve fracking practices, also called for rules that govern existing sources. “We will need a clearer roadmap and more decisive action to ensure the administration tackles the most important part of the problem—emissions from existing wells, pipelines, and facilities,” said EDF President Fred Krupp. “Otherwise, the goal will not be reached. There is no reason to wait 10 years to fix a problem that can be addressed right now at low cost.” And based on its own experience, EDF thinks industry can’t be counted on to do it without being forced. “The smarter companies are already taking steps to address methane emissions, but the vast majority are not,” observed Mark Brownstein, who heads EDF’s natural gas program. “That is why we need a policy that makes ‘best practice’ the standard practice.”

Some green groups dropped the diplomacy altogether and expressed outright disappointment. “We cannot afford to wait,” said Sierra Club Executive Director Michael Brune. “EPA and BLM must act quickly to reduce methane emissions from all new and existing sources of methane pollution in the oil and gas sector, including the transmission and distribution of natural gas.” Greenpeace, Public Citizen, and Friends of the Earth issued a joint press release declaring, “The Obama administration must reconsider their strategy on methane and put out a much stronger proposed rule than they suggest today.”

These enviros specifically criticize the slow pace of the administration’s effort, which threatens to leave the job unfinished when Obama’s successor—possibly a climate science-denying Republican—takes office. “We hoped at this point they would propose a rule itself,” said Kate DeAngelis, climate and energy campaigner for Friends of the Earth. The administration had previously said it would introduce regulations last fall.

There are a few other components of the administration’s methane plan. The two most significant ones are that the Bureau of Land Management will propose new rules to prevent venting, flaring, and leaking natural gas from all wells on federal lands, and that EPA will propose limits on volatile organic compound (VOC) leakage from new and existing wells in a large swath of the Northeast with elevated smog levels and a few other high-pollution regions. (VOCs are a precursor to smog production.) While a rule to limit VOC leakage from gas wells is not targeted at methane, the VOCs and methane come out together and any policy that restricts one will help to cut back on the other. But these rules will only cover a small fraction of wells, which are mostly on private land in rural areas.

And, of course, some greens point out that the federal government shouldn’t be selling leases to drill for oil and gas on public land in the first place.

The most charitable interpretation of the administration’s tentativeness is that they are trying to be realistic. “My sense is they feel they would be biting off more than they can chew in the remaining time in the administration to get new- and existing-source regulations through the whole review process,” said Joanne Spaulding, a senior managing attorney with the Sierra Club. “We’ve been saying this is achievable, but they’re making a decision about their own resources to get the job done.”

They may also be trying to avoid an industry backlash. “The industry has been lobbying and saying, ‘We don’t need regulations, we can do this on a voluntary basis,'” said Spaulding. The American Petroleum Institute attacked the plan on Wednesday. “Onerous new regulations could threaten the shale energy revolution, America’s role as a global energy superpower, and the dramatic reductions in CO2 emissions made possible by an abundant and affordable domestic supply of clean-burning natural gas,” said API President Jack Gerard. Since methane leakage can wipe out the benefit of those reductions in CO2, Gerard’s statement is nonsensical and misleading. As Spaulding says, “Industry will not be happy being regulated at all, so you might as well do the whole thing.”

Optimists in the environmental movement note that Obama hasn’t ruled out adding on methane rules for existing sources at a later date. But time is running out.

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Climate Hawks Aren’t Impressed With Obama’s Methane Plan

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How is Climate Change Impacting Your Community?

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How is Climate Change Impacting Your Community?

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Methane is leaking out all over the damn place, thanks to the oil and gas industry

Methane is leaking out all over the damn place, thanks to the oil and gas industry

By on 10 Dec 2014commentsShare

Methane, the second most common greenhouse gas emitted by the U.S., is a scary, scary thing. Thanks to two new studies, we just found out a bit more about how, through drilling for oil and gas, it leaks into the air.

Compared with CO2, methane is frighteningly potent — it’s 86 times more effective at trapping heat than CO2 over a 20-year time period. Even though the EPA estimates that methane is only 9 percent of the greenhouse gas cocktail the U.S. is tossing into the sky, the Environmental Defense Fund estimates that methane is responsible for around 25 percent of the human-made global warming we’re experiencing. The biggest source of methane emissions? The oil and gas industry, of course.

The first new study, put out by Princeton University and published in Proceedings of the National Academy of Sciences, found that millions of unused oil and gas wells across America could be leaking significant amounts of unreported methane. Researchers measured methane leaks from 19 abandoned wells in northwestern Pennsylvania. From a Princeton announcement:

Only one of the wells was on the state’s list of abandoned wells. Some of the wells, which can look like a pipe emerging from the ground, are located in forests and others in people’s yards. [Researcher Mary] Kang said the lack of documentation made it hard to tell when the wells were originally drilled or whether any attempt had been made to plug them.

All of the 19 wells that the researchers looked at were leaking methane. All of them! But three of them were spitting out methane at thousands of times the levels that the others were. From an earlier study conducted by Stanford University, we know that there are around 3 million abandoned wells like the ones Princeton studied scattered across the U.S. That means abandoned wells like these that are just sitting out in the woods, not doing anything for anybody, could be making a notable contribution to climate change. Pennsylvania makes an attempt to plug those wells, but the Department of Environmental Protection, which is tasked with that work, is, predictably, understaffed.

The second study, by the University of Texas at Austin with funding from both the EDF and natural gas companies, found that among those wells that are operating, only a few are responsible for the vast majority of emissions. Around 20 percent of sites researchers looked at were emitting far more than the rest. “To put this in perspective, over the past several decades, 10 percent of the cars on the road have been responsible for the majority of automotive exhaust pollution,” said David Allen, chemical engineering professor at the Cockrell School and principal investigator for the study, which was published in Environmental Science & Technology. With natural gas wells, he said, it appears to be the same situation.

To sum up: Emissions from oil and gas wells — both those that are currently operating and those that have been abandoned — are a major issue that has been going largely unnoticed.

Unfortunately, America doesn’t have a system set up to monitor the wells and determine which are the major emitters. And, even if we did, there’s no standard policy on what to do with methane-leaking wells when we find them. The White House announced back in March that it intended to fill this policy gap with some regulations by the fall of 2014. But the regulations aren’t out yet, and environmental groups are becoming frustrated.

“The last we heard was the same. EPA is expected to decide on whether to issue methane standards this fall,” said Kate Kiely, a spokesperson for the Natural Resources Defense Council, which, along with Clean Air Task Force and the Sierra Club, issued a report showing how the EPA could cut methane leaks from oil and gas drilling in half. But winter’s drawing closer by the day. “The clock for that timeline is ticking, and we’re hopeful they’ll stick to it and release strong standards for reducing this waste.”

Source:
Abandoned Wells Leak Powerful Greenhouse Gas

, ClimateWire via Scientific American.

Methane still belches from USA’s old oil and gas wells

, USA Today.

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Methane is leaking out all over the damn place, thanks to the oil and gas industry

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Why Are Environmentalists Supporting This Republican Senator?

Mother Jones

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This story originally appeared in Grist and is republished here as part of the Climate Desk collaboration.

Since the 2008 election and the subsequent rise of the Tea Party movement, the Republican Party has moved far right on energy and environment issues. Politicians who once accepted climate science have decided that they actually don’t. Congressional Republicans have voted to cut funding for the EPA and its programs, to prevent federal agencies from studying climate change, and to revoke EPA authority to regulate greenhouse gases.

Environmental groups that want to demonstrate their bipartisanship haven’t been left with many Republicans to support. In this election cycle, Maine Sen. Susan Collins stands out. She unequivocally accepts climate science. In 2009, she cosponsored a “cap-and-dividend” bill to limit emissions with Sen. Maria Cantwell (D-Wash.). She is the only Senate Republican to vote against preventing EPA from regulating greenhouse gas emissions. (UPDATE: But she did vote to block EPA climate action in 2010, arguing that “Congress, not the EPA, should decide how to regulate greenhouse gas emissions.”) The Environmental Defense Fund ran an ad earlier this year praising her for “confronting climate change.” The League of Conservation Voters endorsed her. Her lifetime environmental voting score from LCV is 67 percent. That’s low for someone the group has endorsed, but unusually high for a Republican.

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Why Are Environmentalists Supporting This Republican Senator?

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EPA: Those Bee-Killing Pesticides? They’re Actually Pretty Useless

Mother Jones

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So, there’s this widely used class of pesticides known as neonicotinoids, marketed by chemical giants Bayer and Syngenta, that have emerged as a prime suspect in honeybee collapse, and may also be harming birds and water-borne critters. But at least they provide benefits to farmers, right?

Well, not soybean farmers, according to a blunt economic assessment released Thursday by the Environmental Protection Agency (PDF). Conclusion: “There are no clear or consistent economic benefits of neonicotinoid seed treatments in soybeans.”

Wait, what?

The report goes on: “This analysis provides evidence that US soybean growers derive limited to no benefit from neonicotinoid seed treatments in most instances.”

Hmmm. But at least they’re better for farmers than no pesticide at all?

Nope: “Published data indicate that most usage of neonicotinoid seed treatments does not protect soybean yield any better than doing no pest control.”

Ouch.

The EPA notes that in recent years, US farmers have been planting on average 76 million acres of soybeans each season. Of those acres, an average 31 percent are planted in seeds treated with neonics—that is, farmers buy treated seeds, which suffuse the soybean plants with the chemical as they grow. So that’s about 24 million acres of neonic-treated seeds—an area equal in size to the state of Indiana. Why would farmers pay up for a seed treatment that doesn’t do them any good, yet may be doing considerable harm to pollinators and birds? The EPA report has insights: “data from researchers and extension experts … indicate that some growers currently have some difficulty obtaining untreated seed.” The report points to one small poll that found 45 percent of respondents reported finding non-treated seeds “difficult to obtain” or “not available.”

Another reason may be marketing. Syngenta, for example, promotes its “CruiserMaxx” seed treatment for soybeans, which combines a neonic insecticide with two different fungicides. The pitch: “Promotes better emergence, faster speed to canopy, improved vigor and higher yield potential.
Protects against damaging chewing and sucking insect pests. … Increases yield even under low insect pressure.”

Only one US crop is planted more abundantly than soybeans: corn, which typically covers around 90 million acres. According to Purdue entomologist Christian Krupke, “virtually all” of it is from neonic-treated seeds. That’s a land mass just 10 percent smaller than California. You have to wonder what bang those farmers are getting for their buck. I have a query into the EPA to see whether it has plans to conduct a similar assessment for corn. Meanwhile, this March 2014 Center for Food Safety research report, which was reviewed by Krupke and Jonathan Lundgren, a research entomologist at the US Department of Agriculture, found that the bee-killing pesticides offer at best limited benefits to corn farmers, too.

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EPA: Those Bee-Killing Pesticides? They’re Actually Pretty Useless

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New Study: EPA Inaction Causing an Increase in GHG Emissions

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New Study: EPA Inaction Causing an Increase in GHG Emissions

Posted 25 September 2014 in

National

As world leaders gather in New York for the UN Climate Summit this week, citizens around the globe are looking for leadership to combat climate change. Bringing the climate challenge into sharp relief, a new report from the Biotechnology Industry Organization explains that greenhouse gas (GHG) emissions are actually expected to increase as a result of EPA inaction on the Renewable Fuel Standard (RFS) – a turn of events that threatens to undermine President Obama’s clean energy legacy.

The report notes that:

Inaction on the 2014 RFS regulatory rule will lead to increased GHG emissions of 21 million metric tons CO2 equivalent.
The increased GHG emissions are equal to putting an additional 4.4 million cars on the road, or having current cars drive an additional 50 billion miles, or opening 5.5 new coal-fired power plants.
The “blend wall” should not be a consideration for setting the RFS, because the United States is using more transportation fuel in 2014 than previously projected.

Since 2005, the RFS has opened up the market to new fuel sources, supporting hundreds of thousands of jobs and reducing our dependence on foreign oil. Advanced biofuels, like ethanol made from corn waste, emit 96% fewer greenhouse gases than gasoline and are an important part of our nation’s clean energy economy.

President Obama: Save the Renewable Fuel Standard and your clean energy legacy.

Read the rest of the report.

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New Study: EPA Inaction Causing an Increase in GHG Emissions

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Some Fracking Companies Illegally Use Diesel Fuel, In Violation of the Safe Drinking Water Act

Mother Jones

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This story originally appeared on ProPublica.

A new report charges that several oil and gas companies have been illegally using diesel fuel in their hydraulic fracturing operations, and then doctoring records to hide violations of the federal Safe Drinking Water Act.

The report, published this week by the Environmental Integrity Project, found that between 2010 and July 2014 at least 351 wells were fracked by 33 different companies using diesel fuels without a permit. The Integrity Project, an environmental organization based in Washington, DC, said it used the industry-backed database, FracFocus, to identify violations and to determine the records had been retroactively amended by the companies to erase the evidence.

The Safe Drinking Water Act requires drilling companies to obtain permits when they intend to use diesel fuel in their fracking operations. As well, the companies are obligated to notify nearby landowners of their activity, report the chemical and physical characteristics of the fluids used, conduct water quality tests before and after drilling, and test the integrity of well structures to ensure they can withstand high injection pressures. Diesel fuel contains a high concentration of carcinogenic chemicals including benzene, toluene, ethylbenzene and xylene, and they disperse easily in groundwater.

FracFocus is an online registry that allows companies to list the chemicals they use during fracking. At least 10 states, including Texas, Colorado and Pennsylvania, mandate the use of the website for such disclosures.

The report asserts that the industry data shows that the companies admitted using diesel without the proper permits. The Integrity Project’s analysis, the report said, then showed that in some 30 percent of those cases, the companies later removed the information about their diesel use from the database.

“What’s problematic is that this is an industry that is self-reporting and self-policing,” said Mary Greene, senior managing attorney for the environmental organization. “There’s no federal or state oversight of filings with FracFocus.”

The FracFocus website currently has no way to track changes to disclosures. The Integrity Project noticed the changes when it compared newer disclosures to those in older FracFocus data purchased from PIVOT Upstream Group, a consulting firm in Houston.

Energy In Depth, the communications and research arm of the Independent Petroleum Association of America, published a lengthy response to the Integrity Project’s report and criticized it for including diesel use that occurred prior to a 2014 Environmental Protection Agency rule clarifying the types of chemicals considered “diesel fuels.”

Energy In Depth said the Integrity Project was “retroactively changing the definition of diesel fuel in order to malign more operations for engaging in an activity (a “diesel frack”) that did not occur.”

The EPA first listed kerosene as a type of diesel fuel in May 2012 when it released a draft version of the rule finalized this year. Kerosene is also listed as a type of diesel fuel in the definition of the Toxic Substance Control Act, which controls the production, use and disposal of chemicals.

In its response, Energy In Depth also pointed out that in some cases companies may have provided incorrect data to the FracFocus website and were seeking to correct it, not skirt the law.

“We no longer use the contract completions crews that used very small trace amounts of kerosene and a hydrocarbon distillate on five wells more than three years ago,” said John Christiansen, director of external communications at Anadarko Petroleum Corp., one of the companies listed in the report. “Since 2011, there has been no re-occurrence, and we remain in compliance with EPA regulations,” he said in an email to ProPublica.

The report found that six companies had changed disclosures for wells; Pioneer Natural Resources accounted for 62 of the changes. Tadd Owens, vice president of governmental affairs at Pioneer said most of these changes were made because of “coding errors” while submitting data to FracFocus.

“We did use trace amounts of kerosene in 2011 prior to when the EPA issued guidance. The rest of the wells on the list are coding errors and we have an ongoing internal quality control process to identify them,” he said.

For many years fracking industry groups insisted their member companies never used diesel fuels in their operations. Then, in 2011, a congressional investigation found that in fact between 2005 and 2009, 12 companies had injected 32 million gallons of diesel fuel or fracking fluids containing diesel fuel in wells in 19 states.

The industry groups then shifted their argument, declaring that they could not be in violation of federal regulations in their use of diesel fuels because the EPA had never adequately spelled out exactly what exact kinds of fuels were barred.

Indeed, in a 2011 email to ProPublica, Halliburton, a company listed in the congressional investigation as having used 7.2 million gallons of diesel fuel, said it had not violated any laws “because there are currently no requirements in the federal environmental regulations that require a company to obtain a federal permit prior to undertaking a hydraulic fracturing project using diesel.”

The EPA then acted to make its enforcement authority explicit, and earlier this year finalized more detailed regulations governing the use of diesel fuels in fracking operations.

In February 2014, after the EPA released its rule, Lee Fuller, the vice president of government affairs at the Independent Petroleum Association of America, stated that the rule was “a solution in search of a problem.”

“Based on actual industry practices, diesel fuel use has already been effectively phased out of hydraulic fracturing operations,” Fuller said.

Yet energy companies have continued to produce fracking fluids containing diesel fuels. The Environmental Integrity Project’s report identified 14 well fracturing products—commercially called emulsifiers, dispersants, additives and solvents—sold by Halliburton that contain diesel fuels. Halliburton’s own safety data sheets for these products list diesel as a chemical in these products.

“Halliburton is working with state regulators and customers to be sure all FracFocus reports are accurate,” said Emily Mir, a spokeswoman for the company. Mir would not comment on whether Halliburton informs drillers that purchase its products that they are required to obtain a permit before diesel fuel can be used for fracking.

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Some Fracking Companies Illegally Use Diesel Fuel, In Violation of the Safe Drinking Water Act

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Corporate polluters are almost never prosecuted for their crimes

Business as usual

Corporate polluters are almost never prosecuted for their crimes

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If you committed a crime in full view of a police officer, you could expect to be arrested — particularly if you persisted in your criminality after being told to cut it out, and if your crime were hurting the people around you.

But the same is not true for those other “people” who inhabit the U.S.: corporations. Polluting companies commit their crimes with aplomb. An investigation by the Crime Report, a nonprofit focused on criminal justice issues, has revealed the sickening levels of environmental criminality that BP, Mobil, Tyson Fresh, and other huge companies can sink to without fear of meaningful prosecution:

More than 64,000 facilities are currently listed in [EPA] databases as being in violation of federal environmental laws, but in most years, fewer than one-half of one percent of violations trigger criminal investigations, according to EPA records. …

In fiscal year 2013, the EPA’s Criminal Enforcement Division launched 297 investigations. In 2012, 320 investigations were opened; the total has steadily decreased since 2001.

In response to questions emailed to the EPA, Jennifer Colaizzi, an agency spokesperson, said the decline in cases is due to a decision to focus on “high impact cases,” as well as financial strains.

“The reality of budget cuts and staffing reductions make hard choices necessary across the board,” Colaizzi said.

With just 38 prosecutors manning the DOJ’s Environmental Crimes Section and 200 agents in the EPA’s Criminal Enforcement Division, monitoring cases across the country, the federal government has limited capacity to pursue many of America’s worst environmental offenders.

Perhaps nowhere is this more evident than in Appalachia, where a seemingly endless parade of civil settlements and consent decrees has done little to abate a history of environmental malfeasance.

The group compiled a database and map that let you see what harm polluters are doing in your neighborhood, in full view of authorities. Click here to check it out.


Source
Environmental Crime: The Prosecution Gap, The Crime Report

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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“Almost Everything It Wanted”

A slight setback at the Supreme Court doesn’t change the fact that we’re winning the war on carbon pollution. gvgoebel/Flickr The political war surrounding the government’s efforts to limit emissions is ending not with a bang but a whimper. “It bears mention that EPA is getting almost everything it wanted in this case,” Justice Antonin Scalia said on Monday while announcing the 5–4 verdict in Utility Air Regulatory Group v. EPA. Technically, though, the ruling was a slight loss for the EPA. The majority found that the agency’s efforts to force any fixed operation that emits pollutants to get permission before it expands was an overreach of the agency’s authority. But the ruling also upheld the ability of the EPA to force power plants and other operations that emit pollutants to adhere to its new standards. The way Scalia saw it, the decision lets the EPA regulate 83 percent of greenhouse gas emissions, instead of the 86 percent it could regulate under the authority it abrogated unto itself. “To permit the extra 3 percent, however, we would have to recognize a power in EPA and other government agencies to revise clear statutory terms,” Scalia said, adding that would contradict “the principle that Congress, not the president, makes the law.” To keep reading, click here. Source:  “Almost Everything It Wanted” ; ;Related ArticlesThere Are 1,401 Uninspected High-Risk Oil and Gas Wells.Why David Brat is Completely Wrong About Climate ScienceBipartisan Report Tallies High Toll on Economy From Global Warming ;

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“Almost Everything It Wanted”

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Sorry, Conservatives. The Supreme Court Isn’t Stopping Obama’s Climate Plan.

Mother Jones

“Supreme Court Limits EPA’s Global Warming Rules.”

Supreme Court Ruling Backs Most EPA Emission Controls.”

These are just a couple of the many contradictory headlines in response to Monday’s US Supreme Court ruling in Utility Air Regulatory Group v. EPA, a case filed by industry groups and several states challenging some of the environmental agency’s efforts to restrict greenhouse gas emissions. So what’s going on here?

Despite some applauding headlines from the right—”Supreme Court Hits Obama’s Global Warming Agenda,” claimed the Washington Times—the ruling actually had very little effect. “This is not doing much of anything to hobble EPA,” explains Richard Revesz, director of the Institute for Policy Integrity at the New York University School of Law, adding: “Nothing that is being done today calls into question the EPA’s ability to regulate power plants, both new and existing, under section 111 of the Clean Air Act.”

The decision, authored by Antonin Scalia, is actually the latest in a series of rulings by the Supreme Court on the ability of the EPA to regulate greenhouse gas emissions. The most important of these, 2007’s Massachusetts v. EPA, found that the agency had the authority to regulate these emissions under the Clean Air Act. In 2011, the court went further in American Electric Power v. Connecticut, ruling that states, cities, and other entities could not independently sue greenhouse gas emitters because the Clean Air Act and the EPA “displace” their ability to do so. It’s on the basis of such rulings that President Obama’s EPA has stepped forward to regulate greenhouse gas emissions from a variety of sources, including automobiles, newly constructed power plants, and, most recently, existing or older power plants.

Headlines notwithstanding, those regulatory actions weren’t really at issue in Monday’s decision. Rather, the latest case involved something called the EPA’s Prevention of Significant Deterioration (PSD) program, which issues permits for major new sources of air pollution, or for higher levels of emissions from existing sources. Permitted emitters are required to use the best technology available to mitigate their emissions.

As part of the EPA’s initiatives to combat global warming, the agency had tried to “tailor” this preexisting program, which covered other pollutants, to apply to large greenhouse gas emitters, while simultaneously ruling out smaller emitters like hospitals. Industry groups and some states sued in objection. The Supreme Court ruled that the EPA can’t target emitters based on their greenhouse gases under this program, but the court also said the agency can require major emitters already permitted under the PSD program for other types of emissions to curtail their greenhouse gas emissions, too. And by these lights, the EPA can still regulate 83 percent of all stationary sources of these emissions.

So we certainly shouldn’t be worried that the EPA can’t go forward on regulating greenhouse gases now, explains Sierra Club attorney Pat Gallagher. “There’s a slight ding in their program,” Gallagher says. But as he adds, “you’re still capturing most facilities, like 83 percent of the facilities.”

So, don’t freak out. The EPA is still taking major action on global warming. The latest Supreme Court ruling is no catastrophe. The fact that the court is tweaking such minor details in a sense affirms that the EPA’s broad approach to global warming is on track.

Source – 

Sorry, Conservatives. The Supreme Court Isn’t Stopping Obama’s Climate Plan.

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