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Clean Air Rules Face Scrutiny as World’s Largest Emitter Develops Climate Plan

Oral arguments were held Tuesday to determine the legality of a rule that regulates air pollution crossing state lines. Before the U.S. Supreme Court was the issue of whether the U.S. Environmental Protection Agency (EPA) exceeded its authority by designing state limits for air pollution when it developed the Cross-State Air Pollution Rule (CSAPR), which was intended to take effect in January 2012. In particular, the court considered whether the EPA’s determinations of upwind states’ “significant contributions” to air pollution in downwind states were consistent with the language of the Clean Air Act (CAA). In August 2012, the U.S. Court of Appeals for the District of Columbia Circuit struck down the rule, which required 28 upwind states in the South and Midwest to cut ozone and fine particle emissions, primarily from power plants.

Deputy U.S. Solicitor General Malcolm L. Stewart likened the EPA’s situation to that of a basketball coach answering a question about whether the missed layup or missed desperation shot at the buzzer “contributed significantly” to the loss of a game. Under the CAA, he said, the EPA has to decide which of the states that transported pollution across a border “contributed significantly” to a neighboring state’s inability to satisfy a federal clean air standard.

Revival of CSAPR may be in the offing, the Associated Press suggested. “It’s certainly hard,” said Chief Justice John G. Roberts Jr. of the task of allocating responsibility, “but it is what the [Clean Air Act] statute says, and it seems to me that if EPA had taken a different view, it would have been contrary to the statute.” The National Journal, however, saw no clear indication of which direction the justices were leaning. A tie vote, the Washington Post reports, would leave the earlier ruling in place and send the EPA back to the drawing board.

Mercury and Air Toxics Standards (MATS) was also before the court Tuesday. The MATS rule, which aims to reduce mercury and other air toxics from the country’s coal- and oil-fired power plants, also faced challenges in the U.S. Court of Appeals for the District of Columbia Circuit this week. Industry groups have claimed the agency’s rulemaking process was “substantively and procedurally flawed.”

Meanwhile, the world’s largest emitter of greenhouse gases has proposed a new plan to deal with the consequences of global warming that it admits it is ill-prepared to address. According to the plan, China will implement a number of initiatives—such as promoting better farming practices and protecting nature and wildlife—by 2020.

United States Poised to Top Germany in Solar Installations

As the International Energy Agency signals higher than previously forecast global oil demand in 2014, a new report indicates that total installed solar power grew 35 percent in 2013 compared with last year in the United States. Developers are on pace to nearly double the 930 megawatts of photovoltaic solar installed in the third quarter—the second-largest quarter for solar installations in U.S. history. States leading installations this quarter included California, Arizona, North Carolina, Massachusetts and Nevada.

The Solar Energy Industries Association’s report predicts U.S. solar capacity could rise 27 percent by the end of the fourth quarter, putting the United States ahead of Germany for the first time in 15 years. In a discussion with Deutsche Welle about the potential for solar to reduce carbon dioxide emissions, Eicke Weber, director of the largest solar research institute in Europe, claimed “we’re at a floodgate” of a solar energy boom.

Podesta to Join Obama Administration

John Podesta, currently chairman of the Center for American Progress, is said to be joining President Barack Obama as an advisor. Podesta played a critical role in shaping former President Bill Clinton’s environmental record as his chief of staff in the late 90s. He’s continued to make climate change a priority at the Center for American Progress.

During his one-year appointment, likely beginning next month, Podesta is again expected to play a pivotal role in shaping the country’s environmental policy.

“He will advise on a range of issues with a particular focus on issues of energy and climate change, but will obviously bring a lot of experience to bear,” said White House Press Secretary Jay Carney. He will not work on matters related to the Keystone XL pipeline, a proposal he has criticized in the past.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.