With coal production, cleaner skies could mean more landfills

By Charleston Daily Mail


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As the nation's coal-fired power plants work to create cleaner skies, they'll likely fill up landfills with millions more tons of potentially harmful ash.

More than one-third of the ash generated at the country's hundreds of coal-fired plants is now recycled - mixed with cement to build highways or used to stabilize embankments, among other things.

But in a process being used increasingly across the nation, chemicals are injected into plants' emissions to capture airborne pollutants.

That, in turn, changes the composition of the ash and cuts its usefulness. It can't be used in cement, for example, because the interaction of the chemicals may keep the concrete from hardening.

That ash has to go somewhere - so it usually ends up in landfills, along with the rest of the unusable waste.

"You're replacing an air problem with a land problem - a disposal problem,'' said Bruce Dockter, a research engineer with the Energy and Environmental Research Center at the University of North Dakota.

Coal ash naturally contains arsenic and mercury, and if the elements leach into groundwater they can contaminate drinking supplies. The EPA says ash disposed of in landfills could pose significant risks when mismanaged, and there are gaps in state regulation.

And the chemicals added to clean up emissions - such as ammonia, lime and calcium hydroxide - make the ash worse, environmental groups say, because they take toxins such as mercury out of the air but leave higher levels of it in the ash.

The U.S. Environmental Protection Agency doesn't classify coal ash - with or without the added chemicals - as a hazardous waste, although many environmental groups say it should.

"As a general rule, anything you do to make the air emissions cleaner makes the ash more toxic,'' said Lisa Evans, an attorney with Earthjustice, a nonprofit environmental law firm.

More than 120 million tons of ash and other leftovers come from coal combustion each year in the United States, and more than 46 million tons are reused, according to the American Coal Ash Association.

Environmental groups encourage reuse of the ash because it keeps most of the waste out of landfills. And substituting ash for cement means less mining for the materials typically used to make cement - consequently causing a drop in the amount of carbon dioxide that would be emitted by mining machinery.

But the EPA is pushing power companies to cut emissions of the sulfur dioxide and nitrogen oxides, which add to smog and acid rain and contribute to thousands of premature deaths, asthma and other respiratory ailments. A large portion of those emissions come from coal plants, the EPA says.

"If you live near a power plant, you want the cleanest air possible,'' said Dave Goss, executive director of the American Coal Ash Association. "If in exchange for clean air they have to dispose of material - that's the challenge. The only option may be putting it in a landfill.''

It's not clear how many plants already using or will use the new technology or how much ash may be affected, but the technique is becoming widespread as companies work to comply with federal guidelines, Goss said.

The issue was raised as the EPA developed air emissions rules, but the power sector has found ways to minimize the impact, said EPA spokesman John Millett, who said the agency doesn't believe the increased injection of the chemicals into ash will cause a significant drop-off in ash recycling.

But the effects are evident in Nebraska, for example, where the Omaha Public Power District sells about 135,000 tons of ash from its current plant near Nebraska City every year. Ash from a new plant being built nearby will be injected with chemicals to clean emissions, and it will be dumped in a 16-acre landfill to be built onsite at a cost of $2.7 million, said Mike Jones, a spokesman for the utility.

"You've got to do something with it,'' Jones said. "This was the best option.''

The landfill will fill up in about five years and likely have to be expanded.

Xcel Energy Inc. will use the injection equipment on a new plant near Pueblo, Colo., and also will install the equipment on two existing units there. The ash will be dumped in a 250-acre onsite landfill.

But even if there is a drop in recycling, the trade-off might be worth it.

"The benefits of the additional (emission) reductions from these controls is immense,'' Millett said.

In Nebraska, the dump sites are closely regulated, said Bill Gidley, a section supervisor with the state's Department of Environmental Quality. Landfills must have liners to collect seepage, and they are inspected every year.

This month, the Maryland Department of the Environment ordered the operator of an 80-acre Anne Arundel County coal ash dump to clean contaminated water detected near the site. Cancer-causing metals were discovered last fall in almost two dozen wells in the area. BBSS Inc. also was fined an undisclosed amount.

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Ontario to Provide New and Expanded Energy-Efficiency Programs

Ontario CDM Programs expand energy efficiency, demand response, and DER incentives via IESO's Save on Energy, cutting peak demand, lowering bills, and supporting electrification, retrofits, and LED lighting to meet Ontario's growing electricity needs.

 

Key Points

Ontario CDM Programs are IESO incentives that cut peak demand and energy use via demand response, retrofits and DERs.

✅ Delivered by IESO's Save on Energy to reduce peak demand

✅ Incentives for demand response, retrofits, LEDs, and DER solutions

✅ Help homes, businesses, and greenhouses lower bills and emissions

 

Ontario will be making available four new and expanded energy-efficiency programs, also known as Conservation and Demand Management (CDM) programs, to ensure a reliable, affordable, and clean electricity system, including ultra-low overnight pricing options to power the province, drive electrification and support strong economic growth. As there will be a need for additional electricity capacity in Ontario beginning in 2025, and continuing through the decade, CDM programs are among the fastest and most cost-effective ways of meeting electricity system needs.

 

Conservation and Demand Management

The Ontario government launched the 2021-2024 CDM Framework on January 1, 2021. The framework focuses on cost-effectively meeting the needs of Ontario’s electricity system, including by focusing on the achievement of provincial peak demand reductions and initiatives such as extended off-peak electricity rates, as well as on targeted approaches to address regional and/or local electricity system needs.

CDM programs are delivered by the Independent Electricity System Operator (IESO), which implemented staff lockdown measures during COVID-19, through the Save on Energy brand. These programs address electricity system needs and help consumers reduce their electricity consumption to lower their bills. CDM programs and incentives are available for homeowners, small businesses, large businesses, and contractors, and First Nations communities.

 

New and Expanded Programs

The four new and expanded CDM programs will include:

A new Residential Demand Response Program for homes with existing central air conditioning and smart thermostats to help deliver peak demand reductions. Households who meet the criteria could voluntarily enroll in this program and, alongside protections like disconnection moratoriums for residential customers, be paid an incentive in return for the IESO being able to reduce their cooling load on a select number of summer afternoons to reduce peak demand. There are an estimated 600,000 smart thermostats installed in Ontario.
Targeted support for greenhouses in Southwest Ontario, including incentives to install LED lighting, non-lighting measures or behind-the-meter distributed energy resources (DER), such as combined solar generation and battery storage.
Enhancements to the Save On Energy Retrofit Program for business, municipalities, institutional and industrial consumers to include custom energy-efficiency projects. Examples of potential projects could include chiller and other HVAC upgrades for a local arena, building automation and air handling systems for a hospital, or building envelope upgrades for a local business.
Enhancements to the Local Initiatives Program to reduce barriers to participation and to add flexibility for incentives for DER solutions.
It is the government’s intention that the new and expanded CDM programs will be available to eligible electricity customers beginning in Spring 2023.

The IESO estimates that the new program offers will deliver total provincial peak electricity demand savings of 285 megawatts (MW) and annual energy savings of 1.1 terawatt hours (TWh) by 2025, reflecting pandemic-era electricity usage shifts across Ontario. Savings will persist beyond 2025 with a total reduction in system costs by approximately $650 million over the lifetime of the measures, and will support economic recovery, as seen with electricity relief during COVID-19 measures, decarbonization and energy cost management for homes and businesses.

These enhancements will have a particular impact in Southwest Ontario, with regional peak demand savings of 225 MW, helping to alleviate electricity system constraints in the region and foster economic development, supported by stable electricity pricing for industrial and commercial companies in Ontario.

The overall savings from this CDM programming will result in an estimated three million tonnes of greenhouse gas emissions reductions over the lifetime of the energy-efficiency measures to help achieve Ontario’s climate targets and protect the environment for the future.

The IESO will be updating the CDM Framework Program Plan, which provides a detailed breakdown of program budgets and energy savings and peak demand targets expected to be achieved.

 

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LNG powered with electricity could be boon for B.C.'s independent power producers

B.C. LNG Electrification embeds clean hydro and wind power into low-emission liquefied natural gas, cutting carbon intensity, enabling coal displacement in Asia, and opening grid-scale demand for independent power producers and ITMO-based climate accounting.

 

Key Points

Powering LNG with clean electricity cuts carbon intensity, displaces coal, and grows demand for B.C.'s clean power.

✅ Electric-drive LNG cuts emissions intensity by up to 80%.

✅ Creates major grid load, boosting B.C. independent power producers.

✅ Enables ITMO crediting when coal displacement is verified.

 

B.C. has abundant clean power – if only there was a way to ship those electrons across the sea to help coal-dependent countries reduce their emissions, and even regionally, Alberta–B.C. grid link benefits could help move surplus power domestically.

Natural gas that is liquefied using clean hydro and wind power and then exported would be, in a sense, a way of embedding B.C.’s low emission electricity in another form of energy, and, alongside the Canada–Germany clean energy pact, part of a broader export strategy.

Given the increased demand that could come from an LNG industry – especially one that moves towards greater electrification and, as the IEA net-zero electricity report notes, broader system demand – poses some potentially big opportunities for B.C.’s clean energy independent power sector, as those attending the Clean Energy Association of BC's annual at the Generate conference heard recently.

At a session on LNG electrification, delegates were told that LNG produced in B.C. with electricity could have some significant environmental benefits.

Given how much power an LNG plant that uses electric drive consumes, an electrified LNG industry could also pose some significant opportunities for independent power producers – a sector that had the wind taken out of its sails with the sanctioning of the Site C dam project.

Only one LNG plant being built in B.C. – Woodfibre LNG – will use electric drive to produce LNG, although the companies behind Kitimat LNG have changed their original design plans, and now plan to use electric drive drive as well.

Even small LNG plants that use electric drive require a lot of power.

“We’re talking about a lot of power, since it’s one of the biggest consumers you can connect to a grid,” said Sven Demmig, head of project development for Siemens.

Most LNG plants still burn natural gas to drive the liquefaction process – a choice that intersects with climate policy and electricity grids in Canada. They typically generate 0.35 tonnes of CO2e per tonne of LNG produced.

Because it will use electric drive, LNG produced by Woodfibre LNG will have an emissions intensity that is 80% less than LNG produced in the Gulf of Mexico, said Woodfibre president David Keane.

In B.C., the benchmark for GHG intensities for LNG plants has been set at 0.16 tonnes of CO2e per tonne of LNG. Above that, LNG producers would need to pay higher carbon taxes than those that are below the benchmark.

The LNG Canada plant has an intensity of 0.15 tonnes og CO2e per tonne of LNG. Woodfibre LNG will have an emissions intensity of just 0.059, thanks to electric drive.

“So we will be significantly less than any operating facility in the world,” Keane said.

Keane said Sinopec has recently estimated that it expects China’s demand for natural gas to grow by 82% by 2030.

“So China will, in fact, get its gas supply,” Keane said. “The question is: where will that supply come from?

“For every tonne of LNG that’s being produced today in the United States -- and tonne of LNG that we’re not producing in Canada -- we’re seeing about 10 million tonnes of carbon leakage every single year.”

The first Canadian company to produce LNG that ended up in China is FortisBC. Small independent operators have been buying LNG from FortisBC’s Tilbury Island plant and shipping to China in ISO containers on container ships.

David Bennett, director of communications for FortisBC, said those shipments are traced to industries in China that are, indeed, using LNG instead of coal power now.

“We know where those shipping containers are going,” he said. “They’re actually going to displace coal in factories in China.”

Verifying what the LNG is used for is important, if Canadian producers want to claim any kind of climate credit. LNG shipped to Japan or South Korea to displace nuclear power, for example, would actually result in a net increase in GHGs. But used to displace coal, the emissions reductions can be significant, since natural gas produces about half the CO2 that coal does.

The problem for LNG producers here is B.C.’s emissions reduction targets as they stand today. Even LNG produced with electricity will produce some GHGs. The fact that LNG that could dramatically reduce GHGs in other countries, if it displaces coal power, does not count in B.C.’s carbon accounting.

Under the Paris Agreement, countries agree to set their own reduction targets, and, for Canada, cleaning up Canada’s electricity remains critical to meeting climate pledges, but don’t typically get to claim any reductions that might result outside their own country.

Canada is exploring the use of Internationally Transferred Mitigation Outcomes (ITMO) under the Under the Paris Agreement to allow Canada to claim some of the GHG reductions that result in other countries, like China, through the export of Canadian LNG.

“For example, if I were producing 4 million tonnes of greenhouse gas emissions in B.C. and I was selling 100% of my LNG to China, and I can verify that they’re replacing coal…they would have a reduction of about 60 or million tonnes of greenhouse gas emissions,” Keane said.

“So if they’re buying 4 million tonnes of emissions from us, under these ITMOs, then they have net reduction of 56 million tonnes, we’d have a net increase of zero.”

But even if China and Canada agreed to such a trading arrangement, the United Nations still hasn’t decided just how the rules around ITMOs will work.

 

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New Hydro One CEO aims to repair relationship with Ontario government — and investors

Hydro One CEO Mark Poweska aims to rebuild ties with Ontario's provincial government, investors, and communities, stabilize the executive team, boost earnings and dividends, and reset strategy after the scrapped Avista deal and regulatory setbacks.

 

Key Points

He plans to mend government and investor relations, rebuild the C-suite, and refocus growth after the failed Avista bid.

✅ Rebuild ties with Ontario government and regulators

✅ Stabilize executive team and governance

✅ Refocus growth after Avista deal termination

 

The incoming chief executive officer of Hydro One Ltd. said Thursday that he aims to rebuild the relationship between the Ontario electrical utility and the provincial government, as seen in COVID-19 support initiatives, as well as ties between the company and its investors.

Mark Poweska, the former executive vice-president of operations at BC Hydro, was announced as Hydro One’s new president and CEO in March. His hiring followed a turbulent period for Toronto-based Hydro One, Ontario’s biggest distributor and transmitter of electricity, with large-scale storm restoration efforts underscoring its role.

Hydro One’s former CEO and board of directors departed last year under pressure from a new Ontario government, the utility’s biggest shareholder. Earlier this year, the company’s plan for a $6.7-billion takeover fell apart over concerns of political interference and the utility clashed with the new provincial government and Progressive Conservative Premier Doug Ford over executive compensation levels, amid rate policy debates such as no peak rate cuts for self-isolating customers.

Hydro One facing $885 million charge as regulator upholds tax decision forcing it to share savings with customers

Shares of Hydro One were up more than eight per cent year-to-date on Wednesday, closing at $21.74. However, the stock price was up only six per cent from Hydro One’s 2015 initial public offering price, something its incoming CEO seems set on changing.

“One of my first priorities will be to solidify the executive team and build relationships with the Government of Ontario, our customers, informed by customer flexibility research, and communities, indigenous leaders, investors, and our partners across the electricity sector,” Poweska said Thursday on a conference call outlining Hydro One’s first-quarter results. “At the same time, I will be working to earn the trust and confidence of the investment community.”

Hydro One reported a profit of $171 million for the three months ended March 31, while peers such as Hydro-Québec reported pandemic-related losses as the sector adapted. Net income for the first quarter was down from $222 million a year earlier, which was due to $140 million in costs related to the scrapping of Hydro One’s proposed acquisition of U.S. energy company Avista Corp.

Hydro One Ltd. appointed Mark Poweska as President and CEO.

In January, Hydro One said the proposed takeover of Spokane, Wash.-headquartered Avista, an approximately $6.7-billion deal announced in July 2017, was being called off. As a result, Hydro One said it would pay Avista a US$103 million break fee.

Revenues net of purchased power for the first quarter rose to $952 million, up by 15.4 per cent compared to last year, Hydro One said, helped by higher distribution revenues. Adjusted profit for the quarter, which removes the Avista-related costs, was $311 million, up from $210 million a year ago.

The company is hiking its quarterly dividend to 24.15 cents per share, up five per cent from the last increase in May 2018, while also launching a pandemic relief fund for customers.

Poweska is taking over for acting president and CEO Paul Dobson this month, and the new executive will be charged with revamping Hydro One’s C-suite.

The company’s chief operating officer, chief legal officer, and chief corporate development officer have all departed this year. The company’s chief human resource officer has retired as well, although Poweska did announce Thursday that he had appointed acting chief financial officer Chris Lopez as CFO.

“Hydro One’s significant bench strength and management depth will ensure stability and continuity during this period of transition, as the sector pursues Hydro-Québec energy transition as well,” the company said in its first-quarter earnings press release.

Ontario remains Hydro One’s biggest shareholder, owning approximately 47 per cent of the company.

 

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Ukraine Helps Spain Amid Blackouts

Ukraine-Spain Power Aid highlights swift international solidarity as Kyiv offers grid restoration expertise to Spain after unprecedented blackouts, aiding energy infrastructure recovery, interconnectors, and emergency response while operators restore power across Spain and Portugal.

 

Key Points

Ukraine sends grid experts to help Spain recover from blackouts, restore power, and reinforce energy infrastructure.

✅ Ukraine offers grid restoration expertise and emergency support.

✅ Partial power restored; cause of blackouts under investigation.

✅ EU funding and Ukrenergo bolster infrastructure resilience.

 

In a remarkable display of international solidarity, Ukraine has extended assistance to Spain as the country grapples with widespread power outages. On April 28, 2025, Spain and neighboring Portugal experienced unprecedented blackouts that disrupted daily life, including internet connectivity and subway operations. The two nations declared a state of emergency as they worked to restore power.

Ukraine's Offer of Assistance

In response to the crisis, Ukrainian President Volodymyr Zelensky reached out to Spanish Prime Minister Pedro Sánchez, offering support to help restore Spain's power grid. Zelensky emphasized Ukraine's extensive experience in managing energy challenges, particularly in fighting to keep the lights on during sustained Russian attacks on its energy infrastructure. He instructed Ukraine’s Energy Minister, Herman Haluschchenko, to mobilize technical experts to assist Spain swiftly. As of April 29, grid operators in both Spain and Portugal reported partial restoration of power, with recovery efforts ongoing. Authorities continue to investigate the cause of the outages. 

Ukraine's Energy Crisis: A Background

Ukraine's offer of assistance is particularly poignant given its own recent struggles with energy security. Throughout 2024, Russia launched numerous aerial strikes targeting Ukraine's energy infrastructure, including strikes on western Ukraine that severely damaged power generation facilities and transmission networks. These attacks led to significant challenges during the winter season, including widespread blackouts and difficulties in heating households, prompting efforts to keep the lights on this winter across the country. Despite these adversities, Ukraine managed to navigate the winter without major power shortages, thanks to rapid repairs and the resilience of its energy sector. 

International Support for Ukraine

The international community has played a crucial role in supporting Ukraine's energy sector, even as U.S. support for grid restoration has shifted, with continued aid from European partners. In July 2024, the European Union allocated nearly $110 million through the KfW Development Bank to modernize high-voltage substations and develop interconnectors with continental Europe's power system. This funding has been instrumental in repairing and restoring equipment damaged by Russian attacks and enhancing the protection of Ukraine's substations. Since the onset of the conflict, Ukraine's energy grid operator, Ukrenergo, has received international assistance totaling approximately €1.5 billion. 

A Gesture of Solidarity

Ukraine's offer to assist Spain underscores the deepening ties between the two nations and reflects a broader spirit of international cooperation. While Spain continues its recovery efforts, the support from Ukraine serves as a reminder of the importance of solidarity, and of Ukraine's electricity reserves that help prevent further outages in times of crisis. As both countries work towards restoring and securing their energy infrastructures, their collaboration highlights the shared challenges and mutual support that define the European community.

Ukraine's proactive stance in offering assistance to Spain amidst the recent blackouts exemplifies the strength of international partnerships and the shared commitment to new energy solutions that overcome energy challenges. As the situation develops, the continued cooperation between nations will be pivotal in ensuring energy security and resilience as winter looms over Ukraine once more.

 

 

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Prepare for blackouts across the U.S. as summer takes hold

US Summer Grid Blackout Risk: NERC and FERC warn of strained reliability as drought, heat waves, and transmission constraints hit MISO, hydro, and renewables, elevating blackout exposure and highlighting demand response and storage solutions.

 

Key Points

A forecast of summer power shortfalls across the US grid, driven by heat, drought, transmission limits, and a changing resource mix.

✅ NERC and FERC warn of elevated blackout risk and reliability gaps.

✅ MISO region strained by drought, heat, and limited hydro.

✅ Mitigations: demand response, storage, and stronger transmission.

 

Just when it didn’t seem things couldn’t get worse — gasoline at $5 to $8 a gallon, supply shortages in everything from baby formula to new cars — comes the devastating news that many of us will endure electricity blackouts this summer, and that the U.S. has more blackouts than other developed nations according to one study.

The alarm was sounded by the nonprofit North American Electric Reliability Corp. and the Federal Energy Regulatory Commission, following a recent power grid report card highlighting vulnerabilities.

The North American electric grid is the largest machine on earth and the most complex, incorporating everything from the wonky pole you see at the roadside with a bird’s nest of wires to some of the most sophisticated engineering ever devised. It runs in real-time, even more so than the air traffic control system: All the airplanes in the sky don’t have to land at the same time, but electricity must be there at the flick of every switch.

Except it may not always be there this summer. Rod Kuckro, a respected energy journalist, says it depends on Mother Nature, with extreme weather impacts increasingly straining the grid, but the prognosis isn’t good.

Speaking on “White House Chronicle,” the weekly news and public affairs program on PBS that I host and produce, Kuckro said: “There is a confluence of factors that could affect energy supply across the majority of the (lower) 48 states. These are continued reduced hydroelectric production in the West, and the continued drought in the Southwest.”

The biggest threat to power supply, according to the NERC and the FERC, is in the vast central region, reaching from Manitoba in Canada, where grids are increasingly exposed to harsh weather in recent years, down to the Gulf of Mexico. It is served by the regional transmission organization, the Midcontinent Independent System Operator.

These operational entities are nonprofit companies that organize and distribute their regions’ bulk power for utilities. In California, it is the California Independent System Operator, working to keep the lights on as the state enters a new energy era; in the Mid-Atlantic, it is PJM; and in the Northeast, it is the New England System Independent Operator. They generate no power, but they control power flows and could initiate brownouts and blackouts.

With record storm activity and high temperatures predicted this summer, blackouts are likely to be deadly. The old, the young and the sick are all vulnerable. If the electric supply fails, with it goes everything from air conditioning to refrigeration to lights and even the ability to pump gas or access money from ATMs.

The United States, along with other modern nations, runs on electricity and when that falls short, it is catastrophic. It is chaos writ large, especially if the failure lasts more than a few hours.

On the same episode of “White House Chronicle,” Daniel Brooks, vice president of integrated grid and energy systems at the Electric Power Research Institute, also referred to a “confluence of factors” contributing to the impending electricity crisis. Brooks said, “We’re going through a significant change in terms of the energy mix and resources, and the way those resources behave under certain weather conditions.”

If power supply is stressed this summer, change in the generating mix will get a lot of political attention. At heart is the switch from fossil fuel generation to renewables. If there are power outages, a political storm will ensue. The Biden administration will be accused of speeding the switch to renewables, although the utilities don’t say that.

The weather is deteriorating, and, as experts note, the grid’s biggest challenge isn’t demand but climate change pressures that compound risks, and the grid is stretched in dealing with new realities as well as coping with old bugaboos, like the extreme difficulty in building transmission lines. Better transmission would relieve a lot of grid stress.

Peter Londa, president of Tantalus Systems, which helps its 260 utility customers digitize and cope with the new realities, explained some of the difficulties facing the utilities not only in the shifting sources of generation but also in the new shape of the electric demand. For example, he said, electric vehicles, particularly the much-awaited Ford F-150 Lightning pickup, could be an asset to homeowners and utilities, as California increasingly turns to batteries to stabilize its grid. During a blackout, their EVs could be used to power their homes for days. They could be a source of storage if thousands of owners signed up with their utilities in a storage program.

The fact is that utilities are facing three major shifts: in the generation to wind and solar, in customer demand, and especially in weather. Mother Nature is on a rampage and we all must adjust to that.
 

 

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Coal, Business Interests Support EPA in Legal Challenge to Affordable Clean Energy Rule

Affordable Clean Energy Rule Lawsuit pits EPA and coal industry allies against health groups over Clean Power Plan repeal, greenhouse gas emissions standards, climate change, public health, and state authority before the D.C. Circuit.

 

Key Points

A legal fight over EPA's ACE rule and CPP repeal, weighing emissions policy, state authority, climate, and public health.

✅ Challenges repeal of Clean Power Plan and adoption of ACE.

✅ EPA backed by coal, utilities; health groups seek stricter limits.

✅ D.C. Circuit to review emissions authority and state roles.

 

The largest trade association representing coal interests in the country has joined other business and electric utility groups in siding with the EPA in a lawsuit challenging the Trump administration's repeal of the Clean Power Plan.

The suit -- filed by the American Lung Association and the American Public Health Association -- seeks to force the U.S. Environmental Protection Agency to drop a new rule-making process that critics claim would allow higher levels of greenhouse gas emissions, further contributing to the climate crisis and negatively impacting public health.

The new rule, which the Trump administration calls the "Affordable Clean Energy rule" (ACE), "would replace the 2015 Clean Power Plan, which EPA has proposed to repeal because it exceeded EPA's authority. The Clean Power Plan was stayed by the U.S. Supreme Court and has never gone into effect," according to an EPA statement.

EPA has also moved to rewrite wastewater limits for coal power plants, signaling a broader rollback of related environmental requirements.

America's Power -- formerly the American Coalition for Clean Coal Electricity -- the U.S. Chamber of Commerce, the National Mining Association, and the National Rural Electric Cooperative Association have filed motions seeking to join the lawsuit. The U.S. Court of Appeals for the District of Columbia Circuit has not yet responded to the motion.

Separately, energy groups warned that President Trump and Energy Secretary Rick Perry were rushing major changes to electricity pricing that could disrupt markets.

"In this rule, the EPA has accomplished what eluded the prior administration: providing a clear, legal pathway to reduce emissions while preserving states' authority over their own grids," Hal Quinn, president and chief executive officer of the mining association, said when the new rule was released last month. "ACE replaces a proposal that was so extreme that the Supreme Court issued an unprecedented stay of the proposal, having recognized the economic havoc the mere suggestion of such overreach was causing in the nation's power grid."

Around the same time, a coal industry CEO blasted a federal agency's decision on the power grid as harmful to reliability.

The trade and business groups have argued that the Clean Power Plan, set by the Obama administration, was an overreach of federal power. Finalized in 2015, the plan was President Obama's signature policy on climate change, rooted in compliance with the Paris Climate Treaty. It would have set state limits on emissions from existing power plants but gave wide latitude for meeting goals, such as allowing plant operators to switch from coal to other electric generating sources to meet targets.

Former EPA Administrator Scott Pruitt argued that the rule exceeded federal statutory limits by imposing "outside the fence" regulations on coal-fired plants instead of regulating "inside the fence" operations that can improve efficiency.

The Clean Power Plan set a goal of reducing carbon emissions from power generators by 32 percent by the year 2030. An analysis from the Rhodium Group found that had states taken full advantage of the CPP's flexibility, emissions would have been reduced by as much as 72 million metric tons per year on average. Still, even absent federal mandates, the group noted that states are taking it upon themselves to enact emission-reducing plans based on market forces.

In its motion, America's Power argues the EPA "acknowledged that the [Best System of Emission Reduction] for a source category must be 'limited to measures that can be implemented ... by the sources themselves.'" If plants couldn't take action, compliance with the new rule would require the owners or operators to buy emission rate credits that would increase investment in electricity from gas-fired or renewable sources. The increase in operating costs plus federal efforts to shift power generation to other sources of energy, thereby increasing costs, would eventually force the coal-fired plants out of business.

In related proceedings, renewable energy advocates told FERC that a DOE proposal to subsidize coal and nuclear plants was unsupported by the record, highlighting concerns about market distortions.

"While we are confident that EPA will prevail in the courts, we also want to help EPA defend the new rule against others who prefer extreme regulation," said Michelle Bloodworth, president and CEO of America's Power.

"Extreme regulation" to one group is environmental and health protections to another, though.

Howard A. Learner, executive director of the Environmental Law & Policy Center of the Midwest, defended the Clean Power Plan in an opinion piece published in June.

"The Midwest still produces more electricity from coal plants than any other region of the country, and Midwesterners bear the full range of pollution harms to public health, the Great Lakes, and overall environmental quality," Learner wrote. "The new [Affordable Clean Energy] Rule is a misguided policy, moves our nation backward in solving climate change problems, and misses opportunities for economic growth and innovation in the global shift to renewable energy. If not reversed by the courts, as it should be, the next administration will have the challenge of doing the right thing for public health, the climate and our clean energy future."

When it initially filed its lawsuit against the Trump administration's Affordable Clean Energy Rule, the American Lung Association accused the EPA of "abdicat[ing] its legal duties and obligations to protect public health." It also referred to the new rule as "dangerous."

 

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