EPA Accused of Flouting Supreme Court

By Omaha World-Herald


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The government proposed a pollution standard for power plants Wednesday that critics said flouts the spirit of a Supreme Court ruling on clean air enforcement.

The proposal would make it easier for utilities to expand plant operations or make other changes to produce more electricity without installing new pollution controls.

Critics said the Environmental Protection Agency was ignoring the justices' ruling that said a lower court erred when it sided with a coal-burning utility in seeking a similar standard.

But the EPA's assistant administrator, Bill Wehrum, said the proposal was not in conflict with the recent decision. He said that ruling dealt with the interpretation of earlier rules, not the validity of a new standard.

"It's apples and oranges," Wehrum said in a telephone interview. "We clearly have the authority" to issue the new standard, he added, which revises one proposed a year and a half ago.

The proposal would allow the use of average hourly smokestack emissions when determining whether a plant's expansion or efficiency improvements require additional pollution controls. The EPA hopes to make the proposal final before year's end.

Opponents of the hourly standard recently argued before the Supreme Court that this standard lets a plant put more smog-causing chemicals and other pollution into the air, even if hourly releases do not increase.

Environmentalists long have contended the EPA should continue using annual emissions to determine whether new pollution controls are needed under the Clean Air Act.

While not ruling directly on the legality of hourly standard, the Supreme Court said a lower court erred when it sided with Duke Energy Co. in the utility's challenge to the use of the annual standard in an enforcement case.

Duke Energy argued for the use of an hourly standard - similar to the one the EPA is proposing.

"EPA is ignoring both the Supreme Court and basic science," said Vickie Patton, a lawyer for Environmental Defense, the winning party in the Duke Energy case.

Frank O'Donnell, president of the nonprofit Clean Air Watch, accused the EPA of "thumbing its nose at the court" by pressing ahead with the hourly emissions standard. "They're going to let power plants pollute more," O'Donnell said.

Wehrum said the proposal is intended to allow power plants to produce more electricity by eliminating regulatory barriers to efficiency. He said the EPA has examined the environmental impact of the proposed rule and determined "essentially there's no effect on the environment."

"There should be little if any effects on the level of environmental protection provided by this program," he said.

Duke Energy and other power companies have said the EPA, beginning during the Clinton administration, interpreted the Clean Air Act in such a way that it has stifled needed expansions and efficiency improvements.

Environmentalists say any major changes in a plant's operation should be accompanied by steps to capture the additional pollution that may result.

Scott Segal, director of the Electric Reliability Coordinating Council which represents power companies, said the EPA proposal "allows us to make efficiency improvements that reduce carbon emissions" and help address global warming.

Segal took issue with suggestions the EPA was circumventing the Supreme Court's action in the Duke Energy case. He said the court emphasized that the EPA should have considerable deference in issuing clean air regulations.

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U.S. Senate Looks to Modernize Renewable Energy on Public Land

PLREDA 2019 advances solar, wind, and geothermal on public lands, guiding DOI siting, improving transmission access, streamlining permitting, sharing revenues, and funding conservation to meet climate goals while protecting wildlife and recreation.

 

Key Points

A bipartisan bill to expand renewables on public lands fund conservation, speed permitting and advance U.S. climate aims.

✅ Targets 25 GW of public-land renewables by 2025

✅ Establishes wildlife conservation and recreation access funds

✅ Streamlines siting, transmission, and equitable revenue sharing

 

The Senate unveiled its version of a bill the House introduced in July to help the U.S. realize the extraordinary renewable energy potential of our shared public lands.

Senator Martha McSally (R-AZ) and a bipartisan coalition of western Senators introduced a Senate version of draft legislation that will help the Department of the Interior tap the renewable energy potential of our shared public lands. The western Senators represent Arizona, New Mexico, Colorado, Montana, and Idaho.

Elsewhere in the West, lawmakers have moved to modernize Oregon hydropower to streamline licensing, signaling broad regional momentum.

The Public Land Renewable Energy Development Act of 2019 (PLREDA) facilitates siting of solar, wind, and geothermal energy projects on public lands, boosts funding for conservation, and promotes ambitious renewable energy targets that will help the U.S. take action on the climate crisis.

Like the House version, the Senate bill enjoys strong bi-partisan support and industry endorsement. The Senate version makes few notable changes to the bill introduced in July by Representatives Mike Levin (D-CA) and Paul Gosar (R-AZ). It includes:

  • A commitment to enhance natural resource conservation and stewardship via the establishment of a fish and wildlife conservation fund that would support conservation and restoration work and other important stewardship activities.
  • An ambitious renewable energy production goal for the Department of the Interior to permit a total of 25 gigawatts of renewable energy on public lands by 2025—nearly double the current generating capacity of projects currently on our public lands.
  • Establishment of criteria for identifying appropriate areas for renewable energy development using the 2012 Western Solar Plan as a model. Key criteria to be considered include access to transmission lines and likelihood of avoiding or minimizing conflict with wildlife habitat, cultural resources, and other resources and values.
  • Improved public access to Federal lands for recreational uses via funds made available for preserving and improving access, including enhancing public access to places that are currently inaccessible or restricted.
  • Sharing of revenues raised from renewable energy development on public lands in an equitable manner that benefits local communities near new renewable energy projects and supports the efficient administration of permitting requirements.
  • Creating incentives for renewable energy development by giving Interior the authority to reduce rental rates and capacity fees to ensure new renewable energy development remains competitive in the marketplace.

NRDC strongly supports this legislation, and we will do our utmost to facilitate its passage into law. There is no question that in our era of runaway climate change, legislation that balances energy production with environmental conservation and stewardship of our public lands is critical.

PLREDA takes a balanced approach to using our public lands to help lead the U.S. toward a low-carbon future, as states pursue 100% renewable electricity goals nationwide. The bill outlines a commonsense approach for federal agencies to play a meaningful role in combatting climate change.

 

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Trump's Proposal to Control Ukraine's Nuclear Plants Sparks Controversy

US Control of Ukraine Nuclear Plants sparks debate over ZNPP, Zaporizhzhia, sovereignty, safety, ownership, and international cooperation, as Washington touts utility expertise, investment, and modernization to protect critical energy infrastructure amid conflict.

 

Key Points

US management proposal for Ukraine's nuclear assets, notably ZNPP, balancing sovereignty, safety, and investment.

✅ Ukraine retains ownership; any transfer requires parliament approval.

✅ ZNPP safety risks persist amid occupation near active conflict.

✅ International reactions split: sovereignty vs. cooperation and investment.

 

In a recent phone call with Ukrainian President Volodymyr Zelenskyy, U.S. President Donald Trump proposed that the United States take control of Ukraine's nuclear power plants, including the Zaporizhzhia Nuclear Power Plant (ZNPP), which has been under Russian occupation since early in the war and where Russia is reportedly building power lines to reactivate the plant amid ongoing tensions. Trump suggested that American ownership of these plants could be the best protection for their infrastructure, a proposal that has sparked controversy in policy circles, and that the U.S. could assist in running them with its electricity and utility expertise.

Ukrainian Response

President Zelenskyy promptly addressed Trump's proposal, stating that while the conversation focused on the ZNPP, the issue of ownership was not discussed. He emphasized that all of Ukraine's nuclear power plants belong to the Ukrainian people and that any transfer of ownership would require parliamentary approval . Zelenskyy clarified that while the U.S. could invest in and help modernize the ZNPP, ownership would remain with Ukraine.

Security Concerns

The ZNPP, Europe's largest nuclear facility, has been non-operational since its occupation by Russian forces in 2022. The plant's location near active conflict zones raises significant safety risks that the IAEA has warned of in connection with attacks on Ukraine's power grids, and its future remains uncertain. Ukrainian officials have expressed concerns about potential Russian provocations, such as explosions, especially after UN inspectors reported mines at the Zaporizhzhia plant near key facilities, if and when Ukraine attempts to regain control of the plant.

International Reactions

The proposal has elicited mixed reactions both within Ukraine and internationally. Some Ukrainian officials view it as an opportunistic move by the U.S. to gain control over critical infrastructure, while others see it as a potential avenue for modernization and investment, alongside expanding wind power that is harder to destroy in wartime. The international community remains divided on the issue, with some supporting Ukraine's sovereignty over its nuclear assets and others advocating for a possible agreement on power plant attacks to ensure the plant's safety and future operation.

President Trump's proposal to have the U.S. take control of Ukraine's nuclear power plants has sparked significant controversy. While the U.S. offers expertise and investment, Ukraine maintains that ownership of its nuclear assets is a matter of national sovereignty, even as it has resumed electricity exports to bolster its economy. The situation underscores the complex interplay between security, sovereignty, and international cooperation in conflict zones.

 

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UAE’s nuclear power plant connects to the national grid in a major regional milestone

UAE Barakah Nuclear Plant connects Unit 1 to the grid, supplying clean electricity, nuclear baseload power, and lower carbon emissions, with IAEA oversight, FANR regulation, and South Korea collaboration, supporting energy security and economic diversification.

 

Key Points

The UAE Barakah Nuclear Plant is a four-reactor project delivering clean baseload power and reducing CO2.

✅ Unit 1 online; four reactors to supply 25% of UAE electricity

✅ Cuts 21 million tons CO2 annually; clean baseload for grid

✅ FANR-licensed; IAEA and WANO oversight ensure safety

 

Unit 1 of the UAE’s Barakah plant — the Arab world’s first nuclear energy plant in the region — has connected to the national power grid, in a historic moment enabling it to provide cleaner electricity to millions of residents and help reduce the oil-rich country’s reliance on fossil fuels. 

“This is a major milestone, we’ve been planning for this for the last 12 years now,” Mohamed Al Hammadi, CEO of Emirates Nuclear Energy Corporation (ENEC), told CNBC’s Dan Murphy in an exclusive interview ahead of the news.

Unit 1, which has reached 100% power as it steps closer to commercial operations, is the first of what will eventually be four reactors, which when fully operational are expected to provide 25% of the UAE’s electricity and reduce its carbon emissions by 21 million tons a year, according to ENEC. That’s roughly equivalent to the carbon emissions of 3.2 million cars annually.

The Gulf country of nearly 10 million is the newest member of a group of now 31 countries running nuclear power operations. It’s also the first new country to launch a nuclear power plant in three decades, the last being China’s nuclear energy program in 1990.

“The UAE has been growing from an electricity demand standpoint,”  Al Hammadi said. “That’s why we are trying to meet the demand (and) at the same time have it with less carbon emissions.”

The UAE’s electricity mix will continue to include gas and renewable energy, with “the baseload from nuclear,” including emerging next-gen nuclear designs, the CEO added, which he described as a “safe, clean and reliable source of electricity” for the country.

The project is also providing “highly compensated jobs” for the Emiratis and will introduce new industries for the country’s economy, Al Hammadi said. The company noted that it has awarded roughly 2,000 contracts worth more than $4.8 billion for local companies.

International collaboration
The UAE’s nuclear watchdog FANR, the Federal Authority for Nuclear Regulation, granted the operating license for Unit 1 in February, after an extensive inspection process to ensure the plant’s compliance with regulatory requirements. The license is expected to last 60 years. The program also involved collaboration with external bodies including the U.N.’s International Atomic Energy Agency (IAEA) and the government of South Korea, and its pre-start-up review was completed in January by the World Association of Nuclear Operators (WANO). The WANO and the IAEA have conducted over 40 inspection and review missions at Barakah.   

But the project has its critics, particularly some experts from the independent Nuclear Consulting Group non-profit, who have expressed concern about Barakah’s safety features and potential environmental risks.  

In response, ENEC said the “adherence to the highest standards of safety, quality and security is deeply embedded within the fabric of the UAE Peaceful Nuclear Energy Program.”

“The Barakah Plant meets all national and international regulatory requirements and standards for nuclear safety,” a  company statement said. It added that the reactor design had been certified by the Korea Institute of Nuclear Safety, FANR and the US-based Nuclear Regulatory Commission, “demonstrating the robustness of this design for safety and operating reliability.”

Worries of regional proliferation 
The achievement for the UAE is particularly significant given tensions in the wider region over nuclear proliferation. 

Some observers have warned of a regional arms race, though the UAE already partakes in what nuclear energy experts call the “gold standard” of civilian nuclear partnerships: The U.S.-UAE 123 Agreement for Peaceful Civilian Nuclear Energy Cooperation. It allows the UAE to receive nuclear materials, equipment and know-how from the U.S. while precluding it from developing dual-use technology by barring uranium enrichment and fuel reprocessing, the processes required for building a bomb.

By contrast, nearby Iran has suspended its compliance to the multilateral 2015 deal that regulated its nuclear power development and many fear its approach toward bomb-making capability. Meanwhile, Saudi Arabia has voiced its desire to develop a nuclear energy program without adhering to a 123 agreement.

And most recently, in the wake of a historic deal that has seen the UAE become the first Gulf country to normalize relations with Israel, Iran responded by warning the agreement would bring a “dangerous future” for the Emirati government. 

But ENEC and UAE officials emphasize the program’s commitment to safety, transparency and international cooperation, and its necessity for meeting growing electricity demand by cleaner means. 

“The nuclear industry is growing, with milestones around the world being reached, and the UAE is no exception. We are pursuing our electricity demand to meet that in a safe, secure and stable manner, and also doing it in an environmentally friendly way,” Al Hammadi said.

“Having four reactors that will provide 25% of electricity for the nation and will avoid us emitting 21 million tons of CO2 on an annual basis, as part of a broader green industrial revolution approach, is a very serious step to take — and the UAE is not talking about it, it is doing it, and we are reaping the benefits of it as we speak right now.”

 

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New clean energy investment in developing nations slipped sharply last year: report

Developing Countries Clean Energy investment fell as renewable energy financing slowed in China; solar and wind growth lagged while coal power hit new highs, raising emissions risks for emerging markets and complicating climate change goals.

 

Key Points

Renewables investment and power trends in emerging nations: solar, wind, coal shifts, and steps toward decarbonization.

✅ Investment fell to $133b; China dropped to $86b

✅ Coal power rose to 6,900 TWh; 47% generation share

✅ New coal builds declined to 39 GW, decade low

 

New clean energy investment slid by more than a fifth in developing countries last year due to a slowdown in China, while the amount of coal-fired power generation jumped to a new high, reflecting global power demand trends, a recent annual survey showed.

Bloomberg New Energy Finance (BNEF) surveyed 104 emerging markets and found that developing nations were moving towards cleaner, low-emissions sources in many regions, but not fast enough to limit carbon dioxide emissions or the effects of climate change.

New investment in wind, solar and other clean energy projects dropped to $133 billion last year from $169 billion a year earlier, mainly due to a slump in Chinese investment, even as electricity investment globally surpasses oil and gas for the first time, the research showed.

China’s clean energy investment fell to $86 billion from $122 billion a year earlier, with dynamics in China's electricity sector also in focus. Investment by India and Brazil also declined, mainly due to lower costs for solar and wind.

However, the volume of coal-fired power generation produced and consumed in developing countries increased to a new high of 6,900 terrawatt hours (TWh) last year, even as renewables are poised to eclipse coal globally, from 6,400 TWh in 2017.

The increase of 500 TWh is equivalent to the power consumed in the U.S. state of Texas in one year, underscoring how surging electricity demand is putting power systems under strain. Coal accounted for 47% of all power generation across the 104 countries.

“The transition from coal toward cleaner sources in developing nations is underway,” said Ethan Zindler, head of Americas at BNEF. “But like trying to turn a massive oil tanker, it takes time.”

Despite the spike in coal-fired generation, the amount of new coal capacity which was added to the grid in developing countries declined, with Europe's renewables crowding out gas offering a contrasting pathway. New construction of coal plants fell to its lowest level in a decade last year of 39 gigawatts (GW).

The report comes a week ahead of United Nations climate talks in Madrid, Spain, where more than 190 countries will flesh out the details of an accord to limit global warming.

 

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Russia and Ukraine Accuse Each Other of Violating Energy Ceasefire

Russia-Ukraine Energy Ceasefire Violations escalate as U.S.-brokered truce frays, with drone strikes, shelling, and grid attacks disrupting gas supply and power infrastructure across Kursk, Luhansk, Sumy, and Dnipropetrovsk, prompting sanctions calls.

 

Key Points

Alleged breaches of a U.S.-brokered truce, with both sides striking power grids, gas lines, and critical energy nodes.

✅ Drone and artillery attacks reported on power and gas assets

✅ Both sides accuse each other of breaking truce terms

✅ U.S. mediation faces verification and compliance hurdles

 

Russia and Ukraine have traded fresh accusations regarding violations of a fragile energy ceasefire, brokered by the United States, which both sides had agreed to last month. These new allegations highlight the ongoing tensions between the two nations and the challenges involved in implementing a truce amid global energy instability in such a complex and volatile conflict.

The U.S.-brokered ceasefire had initially aimed to reduce the intensity of the fighting, specifically in the energy sector, where both sides had previously targeted each other’s infrastructure. Despite this agreement, the accusations on Wednesday suggest that both Russia and Ukraine have continued their attacks on each other's energy facilities, a crucial aspect of the ceasefire’s terms.

Russia’s Ministry of Defence claimed that Ukrainian forces had launched drone and shelling attacks in the western Kursk region, cutting power to over 1,500 homes. This attack allegedly targeted key infrastructure, leaving several localities without electricity. Additionally, in the Russian-controlled part of Ukraine's Luhansk region, a Ukrainian drone strike hit a gas distribution station, severely disrupting the gas supply for over 11,000 customers in the area around Svatove.

In response, Ukrainian President Volodymyr Zelensky accused Russia of breaking the ceasefire. He claimed that Russian drone strikes had targeted an energy substation in Ukraine’s Sumy region, while artillery fire had damaged a power line in the Dnipropetrovsk region, leaving nearly 4,000 consumers without power even as Ukraine increasingly leans on electricity imports to stabilize the grid. Ukraine's accusations painted a picture of continued Russian aggression against critical energy infrastructure, a strategy that had previously been a hallmark of Russia’s broader military operations in the war.

The U.S. had brokered the energy truce as a potential stepping stone toward a more comprehensive ceasefire agreement. However, the repeated violations raise questions about the truce’s viability and the broader prospects for peace between Russia and Ukraine. Both sides are accusing each other of undermining the agreement, which had already been delicate due to previous suspicions and mistrust. In particular, the U.S. administration, led by President Donald Trump, has expressed impatience with the slow progress in moving toward a lasting peace, amid debates over U.S. national energy security priorities.

Kremlin spokesperson Dmitry Peskov defended Russia’s stance, emphasizing that President Vladimir Putin had shown a commitment to peace by agreeing to the energy truce, despite what he termed as daily Ukrainian attacks on Russian infrastructure. He reiterated that Russia would continue to cooperate with the U.S., even though the Ukrainian strikes were ongoing. This perspective suggests that Russia remains committed to the truce but views Ukraine’s actions as violations that could potentially derail efforts to reach a more comprehensive ceasefire.

On the other hand, President Zelensky argued that Russia was not adhering to the terms of the ceasefire. He urged the U.S. to take a stronger stance against Russia, including increasing sanctions on Moscow as punishment for its violations. Zelensky’s call for heightened sanctions is a continuation of his efforts to pressure international actors, particularly the U.S. and European countries, to provide greater energy security support for Ukraine’s struggle and to hold Russia accountable for its actions.

The ceasefire’s fragility is also reflected in the differing views between Ukraine and Russia on what constitutes a successful resolution. Ukraine had proposed a full 30-day ceasefire, but President Putin declined, raising concerns about monitoring and verifying compliance with the terms. This disagreement suggests that both sides are not entirely aligned on what a peaceful resolution should look like and how it can be realistically achieved.

The situation is complicated by the broader context of the war, which has now dragged on for over three years. The conflict has seen significant casualties, immense destruction, and deep geopolitical ramifications. Both countries are heavily reliant on their energy infrastructures, making any attack on these systems not only a military tactic but also a form of economic warfare. Energy resources, including electricity and natural gas, have become central to the ongoing conflict, with both sides using them to exert pressure on the other amid Europe's deepening energy crisis that reverberates beyond the battlefield.

As of now, it remains unclear whether the recent violations of the energy ceasefire will lead to a breakdown of the truce or whether the United States will intervene further to restore compliance, even as Ukraine prepares for winter amid energy challenges. The situation remains fluid, and the international community continues to closely monitor the developments. The U.S., which played a central role in brokering the energy ceasefire, has made it clear that it expects both sides to uphold the terms of the agreement and work toward a more permanent cessation of hostilities.

The continued accusations between Russia and Ukraine regarding the breach of the energy ceasefire underscore the challenges of negotiating peace in such a complex and entrenched conflict. While both sides claim to be upholding their commitments, the reality on the ground suggests that reaching a full and lasting peace will require much more than temporary truces. The international community, particularly the U.S., will likely continue to push for stronger actions to enforce compliance and to prevent the conflict from further escalating. The outcome of this dispute will have significant implications for both countries and the broader European energy landscape and security landscape.

 

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Extensive Disaster Planning at Electric & Gas Utilities Means Lights Will Stay On

Utility Pandemic Preparedness strengthens grid resilience through continuity planning, critical infrastructure protection, DOE-DHS coordination, onsite sequestration, skeleton crews, and deferred maintenance to ensure reliable electric and gas service for commercial and industrial customers.

 

Key Points

Plans that sustain grid operations during outbreaks using staffing limits, access controls, and deferred maintenance.

✅ Deferred maintenance and restricted site access

✅ Onsite sequestering and skeleton crew operations

✅ DOE-DHS coordination and control center staffing

 

Commercial and industrial businesses can rest assured that the current pandemic poses no real threat to our utilities, with the U.S. grid remaining reliable for now, as disaster planning has been key to electric and gas utilities in recent years, writes Forbes. Beginning a decade ago, the utility and energy industries evolved detailed pandemic plans, outlining what to know about the U.S. grid during outbreaks, which include putting off maintenance and routine activities until the worst of the pandemic has passed, restricting site access to essential personnel, and being able to run on a skeleton crew as more and more people become ill, a capability underscored by FPL's massive Irma response when crews faced prolonged outages.

One possible outcome of the current situation is that the US electric industry may require essential staff to live onsite at power plants and control centers, similar to Ontario work-site lockdown plans under consideration, if the outbreak worsens; bedding, food and other supplies are being stockpiled, reflecting local response preparations many utilities practice, Reuters reported. The Great River Energy cooperative, for example, has had a plan to sequester essential staff in place since the H1N1 bird flu crisis in 2009. The cooperative, which runs 10 power plants in Minnesota, says its disaster planning ensured it has enough cots, blankets and other necessities on site to keep staff healthy.

Electricity providers are now taking part in twice-weekly phone calls with officials at the DOE, the Department of Homeland Security, and other agencies, as Ontario demand shifts are monitored, according to the Los Angeles Times. By planning for a variety of worst case scenarios, including weeks-long restorations after major storms, “I have confidence that the sector will be prepared to respond no matter how this evolves,” says Scott Aaronson, VP of security and preparedness for the Edison Electric Institute.

 

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