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Clean Power Plan Publication Triggers Wave of Challenges

The recent publication of the U.S. Environmental Protection Agency’s (EPA) Clean Power Plan in the Federal Register triggered the filing of lawsuits by dozens of states in the U.S. Court of Appeals for the District of Columbia Circuit, along with other challenges, including a petition from a U.S. Chamber of Commerce-led industry coalition for a rule review and an immediate stay of the regulation. By Monday, 26 states, 15 trade groups, several labor unions, and a host of individual utilities and companies were suing the administration over the Clean Power Plan. By Tuesday, members in both the House and the Senate introduced Congressional Review Act resolutions to stop them (subscription)—resolutions described by The National Journal as “a bid to un­der­mine in­ter­na­tion­al cli­mate talks.”

Clean Power Plan critics—among them attorney generals from West Virginia (Patrick Morrisey) and Texas (Ken Paxton), who are leading the states’ legal challenge—allege that the state-by-state targets aimed at cutting carbon dioxide emissions from power plants 32 percent from 2005 levels by 2030 represent a federal overreach and will hike utility rates and undercut grid reliability.

“The Clean Power Plan is one of the most far-reaching energy regulations in this nation’s history,” said Morrisey. “EPA claims to have sweeping power to enact such regulations based on a rarely used provision of the Clean Air Act, but such legal authority simply does not exist.” But the EPA and many environmental groups contend that the federal government does have the legal authority to curb power plant emissions, and The Huffington Post noted that in the past the U.S. Supreme Court has ruled in the EPA’s favor.

“The power plan is based on a sound legal and technical foundation,” said Acting Assistant Administrator for the EPA’s Office of Air and Radiation Janet McCabe. “We feel strongly that given our authorities and legal precedents under the Clean Air Act that our application of [Section] 111(d) here conforms with those authorities and that legal precedent.”

As part of its efforts to help states figure out how to implement the regulation, the EPA last week released a memorandum to regional EPA directors that lays out elements to be included in initial plan submittals to the EPA in September, should states desire to extend their deadline for final plan submittals to 2018.

Even while challenging the Clean Power Plan, some states are simultaneously thinking about developing compliance strategies, which could include creation of carbon-trading plans that allow big polluters to buy emissions credits from lesser emitters.

Also published in the Federal Register last week was the final rule regulating carbon dioxide for new, modified, and reconstructed power plants and the proposed federal implementation plan. That plan—to be imposed on states that fail to submit a compliance plan to the EPA—will be the subject of public hearings in November and a 90-day comment period ending January 21.

Draft Climate Deal Text Sent to Paris

On Friday diplomats endorsed the outlines of a proposed global climate deal to be negotiated starting Nov. 30 in Paris. The hope is to come to an agreement— by the summit’s conclusion on Dec.11—that limits warming to 2 degrees Celsius above pre-industrial levels to avoid the most significant effects of climate change. U.N. Climate Chief Christina Figueres said this week that based on some 150 plans submitted thus far, diplomats could only hope to limit warming to just below 3 degrees.

Even when talks start next month, countries that produce 92 percent of greenhouse gases in the world are expected to have submitted national plans. If fully implemented, they would hold temperature rise by the end of the century to 2.7 degrees Celsius.

“There’s nobody out there that wants a 3 degree world,” said Figueres. “Nobody. We are not giving up on a 2 degree world. In fact, we’re staying under 2 degrees. And what we’re doing is we are building a process that is going to get us there.”

But the goal will have to be met without a global carbon price, Figueres said, which could help create an incentive for power plants operators to switch to clean energy.

“[Many have said] we need a carbon price and [investment] would be so much easier with a carbon price, but life is much more complex than that,” she said. “…it’s not quite what we will have.”

There will be—and are—many pricing mechanisms in place around the globe. Many U.S. states are expected to develop trading-ready plans to meet the mandates laid out by the Clean Power Plan.

Report Finds New Highs in Store for Persian Gulf

A new Nature Climate Change study finds that climate change could render some cities in the Persian Gulf too hot for humans to live in—without mitigation measures.

“Our results expose a regional hotspot where climate change, in the absence of significant mitigation, is likely to severely impact human habitability in the future,” authors write.

It predicts that a 95-degree wet-bulb temperature—the indicator of humidity that matches the temperature of our skin when we sweat—is too hot for extended periods of time. And that temperature could be exceeded in summer months in certain parts of the region.

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.