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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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Demand Flexibility Service rewards households and businesses for shifting peak-time electricity use, enhancing grid balancing, energy security, and net zero goals with ESO and Ofgem support, virtual power plants, and 2GW capacity this winter.

Key Points

A grid program paying homes and businesses to shift peak demand, boosting energy security and lowering winter costs.

✅ Pays £3,000/MWh for reduced peak-time usage

✅ Targets at least 2GW via virtual power plants

✅ Rolled out by suppliers with Ofgem and ESO

This month we published our analysis of the British electricity system this winter. Our message is clear: in the base case our analysis indicates that supply margins are expected to be adequate, however this winter will undoubtedly be challenging, with high winter energy costs adding pressure. Therefore, all of us in the electricity system operator (ESO) are working round the clock to manage the system, ensure the flow of energy and do our bit to keep costs down for consumers.

One of the tools we have developed is the demand flexibility service, designed to complement efforts to end the link between gas and electricity prices and reduce bills. From November, this new capability will reward homes and businesses for shifting their electricity consumption at peak times. And we are working with the government, businesses and energy providers to encourage as high a level of take-up as possible. We are confident this innovative approach can provide at least 2 gigawatts of power – about a million homes’ worth.

What began as an initiative to help achieve net zero and keep costs down is also proving to be an important tool in ensuring Britain’s energy security, alongside the Energy Security Bill progressing into law.

We are particularly keen to get businesses involved right across Britain. When the Guardian first reported on this service we had calls from businesses ranging from multinationals to an owner of a fish and chip shop asking how they could do their bit and get signed up.

We can now confirm our proposals for how much people and businesses can be paid for shifting their electricity use outside peak times. We anticipate paying a rate of £3,000 per megawatt hour, reflecting the dynamics of UK natural gas and electricity markets today. Businesses and homes can become virtual power plants and, crucially, get paid like one too. For a consumer that could mean a typical household could save approximately £100, and industrial and commercial businesses with larger energy usage could save multiples of this.

We are working with Ofgem to get this scheme launched in November and for it to be rolled out through energy suppliers. If you are interested in participating, or understanding what you could get paid, please contact your energy supplier.

Innovations such as these have never mattered more. Vladimir Putin’s unlawful aggression means we are facing unprecedented energy market volatility, across the continent where Europe’s worst energy nightmare is becoming reality, and pressures on energy supplies this winter.

As a result of Russia’s war in Ukraine, European gas is scarce and prices are high, prompting Europe to weigh emergency measures to limit electricity prices amid the crisis. Alongside this, France’s nuclear fleet has experienced a higher number of outages than expected. Energy shortages in Europe could have knock-on implications for energy supply in Britain.

We have put in place additional contingency arrangements for this winter. For example, the ability to call on generators to fire-up emergency coal units, even as the crisis is a wake-up call to ditch fossil fuels for many, giving Britain 2GW of additional capacity.

We need to be clear, it is possible that without these measures supply could be interrupted for some customers for limited periods of time. This could eventually force us to initiate a temporary rota of planned electricity outages, meaning that some customers could be without power for up to three hours at a time through a process called the electricity supply emergency code (ESEC).

Under the ESEC process we would advise the public the day before any disconnections. We are working with government and industry on planning for this so that the message can be spread across all communities as quickly and accurately as possible. This would include press conferences, social media campaigns, and working with influencers in different communities.

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Ontario Poised to Miss 2030 Emissions Target highlights how rising greenhouse gas emissions from electricity generation and natural gas power plants threaten Ontario’s climate goals, environmental sustainability, and clean energy transition efforts amid growing economic and policy challenges.

Why is Ontario Poised to Miss 2030 Emissions Target?

Ontario Poised to Miss 2030 Emissions Target examines the province’s setback in meeting climate goals due to higher power-sector emissions and shifting energy policies.

✅ Rising greenhouse gas emissions from gas-fired electricity generation

✅ Climate policy uncertainty and missed environmental targets

✅ Balancing clean energy transition with economic pressures

Ontario’s path toward meeting its 2030 greenhouse gas emissions target has taken a sharp turn for the worse, according to internal government documents obtained by Global News. The province, once on track to surpass its reduction goals, is now projected to miss them—largely due to rising emissions from electricity generation, even as the IEA net-zero electricity report highlights rising demand nationwide.

In October 2024, the Ford government’s internal analysis indicated that Ontario was on track to reduce emissions by 28 percent below 2005 levels by 2030, effectively exceeding its target. But a subsequent update in January 2025 revealed a grim reversal. The new forecast showed an increase of about eight megatonnes (Mt) of emissions compared to the previous model, with most of the rise attributed to the province’s energy policies.

“This forecast is about 8 Mt higher than the October 2024 forecast, mainly due to higher electricity sector emissions that reflect the latest ENERGY/IESO energy planning and assumptions,” the internal document stated.

While the analysis did not specify which policy shifts triggered the change, experts point to Ontario’s growing reliance on natural gas. The use of gas-fired power plants has surged to fill temporary gaps created by nuclear refurbishment projects and other grid constraints, even as renewable energy’s role grows. In fact, natural gas generation in early 2025 reached its highest level since 2012.

The internal report cited “changing electricity generation,” nuclear power refurbishment, and “policy uncertainty” as major risks to achieving the province’s climate goals. But the situation may be even worse than the government’s updated forecast suggests.

On Wednesday, Ontario’s auditor general warned that the January projections were overly optimistic. The watchdog’s new report concluded the province could fall even further behind its 2030 emissions target, noting that reductions had likely been overestimated in several sectors, including transportation—such as electric vehicle sales—and waste management. “An even wider margin” of missed goals was now expected, the auditor said.

Environment Minister Todd McCarthy defended the government’s position, arguing that climate goals must be balanced against economic realities. “We cannot put families’ financial, household budgets at risk by going off in a direction that’s not achievable,” McCarthy said.

The minister declined to commit to new emissions targets beyond 2030—or even to confirm that the existing goals would be met—but insisted efforts were ongoing. “We are continuing to meet our commitment to at least try to meet our commitment for the 2030 target,” he told reporters. “But targets are not outcomes. We believe in achievable outcomes, not unrealistic objectives.”

Environmental advocates warn that Ontario’s reliance on fossil-fuel generation could lock the province into higher emissions for years, undermining national efforts to decarbonize Canada’s electricity grid. With cleaning up Canada’s electricity expected to play a central role in both industrial growth and climate action, the province’s backslide represents a significant setback for Canada’s overall emissions strategy.

Other provinces face similar challenges; for example, B.C. is projected to miss its 2050 targets by a wide margin.

As Ontario weighs its next steps, the tension between energy security, affordability, and environmental responsibility continues to define the province’s path toward a lower-carbon future and Canada’s 2050 net-zero target over the long term.

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Minnesota Carbon-Free Power by 2050 aims to shift utilities to renewable energy, wind and solar, boosting efficiency while managing grid reliability, emissions, and costs under a clean energy mandate and statewide climate policy.

Key Points

A statewide goal to deliver 100% carbon-free power by 2050, prioritizing renewables, efficiency, and grid reliability.

✅ Targets 100% carbon-free electricity statewide by 2050

✅ Prioritizes wind, solar, and efficiency before fossil fuels

✅ Faces utility cost, reliability, and legislative challenges

Gov. Tim Walz's plan for Minnesota to get 100 percent of its electricity from carbon-free sources by 2050, similar to California's 100% carbon-free mandate in scope, was criticized Tuesday at its first legislative hearing, with representatives from some of the state's smaller utilities saying they can't meet that goal.

Commerce Commissioner Steve Kelley told the House climate committee that the Democratic governor's plan is ambitious. But he said the state's generating system is "aging and at a critical juncture," with plants that produce 70 percent of the state's electricity coming up for potential retirement over the next two decades. He said it will ensure that utilities replace them with wind, solar and other innovative sources, and increased energy efficiency, before turning to fossil fuels.

"Utilities will simply need to demonstrate why clean energy would not work whenever they propose to replace or add new generating capacity," he said.

Walz's plan, announced last week, seeks to build on the success of a 2007 law that required Minnesota utilities to get at least 25 percent of their electricity from renewable sources by 2025. The state largely achieved that goal in 2017 thanks to the growth of wind and solar power, and the topic of climate change has only grown hotter, with some proposals like a fully renewable grid by 2030 pushing even faster timelines, hence the new goal for 2050.

But Joel Johnson, a lobbyist for the Minnkota Power Cooperative, testified that the governor's plan is "misguided and unrealistic" even with new technology to capture carbon dioxide emissions from power plants. Johnson added that even the big utilities that have set goals of going carbon-free by mid-century, such as Minneapolis-based Xcel Energy, acknowledge they don't know yet how they'll hit the net-zero electricity by mid-century target they have set.

Minnkota serves northwestern Minnesota and eastern North Dakota.

Tim Sullivan, president and CEO of the Wright-Hennepin Cooperative Electric Association in the Twin Cities area, said the plan is a "bad idea" for the 1.7 million state electric consumers served by cooperatives. He said Minnesota is a "minuscule contributor" to total global carbon emissions, even as the EU plans to double electricity use by 2050 to meet electrification demands.

"The bill would have a devastating impact on electric consumers," Sullivan said. "It represents, in our view, nothing short of a first-order threat to the safety and reliability of Minnesota's grid."

Isaac Orr is a policy fellow at the Minnesota-based conservative think tank, the Center for the American Experiment, which released a report critical of the plan Tuesday. Orr said all Minnesota households would face higher energy costs and it would harm energy-intensive industries such as mining, manufacturing and health care, while doing little to reduce global warming.

"This does not pass a proper cost-benefit analysis," he testified.

Environmental groups, including Conservation Minnesota and the Sierra Club, supported the proposal while acknowledging the challenges, noting that cleaning up electricity is critical to climate pledges in many jurisdictions.

"Our governor has called climate change an existential crisis," said Kevin Lee, director of the climate and energy program at the Minnesota Center for Environmental Advocacy. "This problem is the defining challenge of our time, and it can feel overwhelming."

Rep. Jean Wagenius, the committee chairwoman and Minneapolis Democrat who's held several hearings on the threats that climate change poses, said she expected to table the bill for further consideration after taking more testimony in the evening and would not hold a vote Tuesday.

While the bill has support in the Democratic-controlled House, it's not scheduled for action in the Republican-led Senate. Rep. Pat Garofalo, a Farmington Republican, quipped that it "has a worse chance of becoming law than me being named the starting quarterback for the Minnesota Vikings."

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Ontario Comprehensive Electricity Plan delivers Global Adjustment reductions for industrial and commercial non-RPP customers, lowering electricity rates, shifting renewable energy costs, and enhancing competitiveness across Ontario businesses in 2022, with additional 4 percent savings.

Key Points

Ontario's plan lowers Global Adjustment by shifting renewable costs, cutting industrial and commercial bills 15-17%.

✅ Shifts above-market non-hydro renewable costs to the Province

✅ Reduces GA for industrial and commercial non-RPP customers

✅ Additional 4% savings on 2022 bills after GA deferral

As of January 1, 2022, industrial and commercial electricity customers will benefit from the full savings introduced through the Ontario government’s Comprehensive Electricity Plan, which supports stable electricity pricing for industrial and commercial companies, announced in Budget 2020, and first implemented in January 2021. This year customers could see an additional four percent savings compared to their bills last year, bringing the full savings from the Comprehensive Electricity Plan to between 15 and 17 per cent, making Ontario a more competitive place to do business.

“Our Comprehensive Electricity Plan has helped reverse the trend of skyrocketing electricity prices that drove jobs out of Ontario,” said Todd Smith, Minister of Energy. “Over 50,000 customers are benefiting from our government’s plan which has reduced electricity rates on clean and reliable power, allowing them to focus on reinvesting in their operations and creating jobs here at home.”

Starting on January 1, 2021, the Comprehensive Electricity Plan reduced overall Global Adjustment (GA) costs for industrial and commercial customers who do not participate in the Regulated Price Plan (RPP) by shifting the forecast above-market costs of non-hydro renewable energy, such as wind, solar and bioenergy, from the rate base to the Province, alongside energy-efficiency programs that complement demand reduction efforts.

“Since taking office, our government has listened to job creators and worked to lower the costs of doing business in the province. Through these significant reductions in electricity prices through the Comprehensive Electricity Plan, customers all across Ontario will benefit from significant savings in their business operations in 2022,” said Vic Fedeli, Minister of Economic Development, Job Creation and Trade. “By continuing to reduce electricity costs, lowering taxes, and cutting red tape our government has reduced the cost of doing business in Ontario by nearly $7 billion annually to ensure that we remain competitive, innovative and poised for economic recovery.”

As part of its COVID response, including electricity relief for families and small businesses, Ontario had deferred a portion of GA between April and June 2020 for industrial and non-RPP commercial customers, with more than 50,000 customers benefiting. Those same businesses paid back these deferred GA costs over 12 months, between January 2021 and December 2021, while the province prepared to extend disconnect moratoriums for residential customers.

During the pandemic, residential electricity use rose even as overall consumption dropped, underscoring shifts in load patterns.

Now that the GA deferral repayment period is over, industrial and non-RPP commercial customers will benefit from the full cost reductions provided to them by the Comprehensive Electricity Plan, alongside temporary off-peak rate relief that supported families and small businesses. This means that, beginning January 1, 2022, these businesses could see an additional four per cent savings on their bills compared to 2021, as new ultra-low overnight pricing options emerge depending on their location and consumption.

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Nuclear Energy Growth accelerates as nations pursue decarbonization, complement renewables, displace coal, and ensure grid reliability with firm, low-carbon baseload, benefiting from standardized builds, lower cost of capital, and learning-curve cost reductions.

Key Points

Expansion of nuclear capacity to cut CO2, complement renewables, replace coal, and stabilize grids at low-carbon cost.

✅ Complements renewables; displaces coal for faster decarbonization

✅ Cuts system costs via standardization and lower cost of capital

✅ Provides firm, low-carbon baseload and grid reliability

By Kirill Komarov, Chairman, World Nuclear Association.

As Europe and the wider world begins to wake up to the need to cut emissions, Dr Kirill Komarov argues that tackling climate change will see the use of nuclear energy grow in the coming years, not as a competitor to renewables but as a competitor to coal.

The nuclear industry keeps making headlines and spurring debates on energy policy, including the green industrial revolution agenda in several countries. With each new build project, the detractors of nuclear power crowd the bandwagon to portray renewables as an easy and cheap alternative to ‘increasingly costly’ nuclear: if solar and wind are virtually free why bother splitting atoms?

Yet, paradoxically as it may seem, if we are serious about policy response to climate change, nuclear energy is seeing an atomic energy resurgence in the coming decade or two.

Growth has already started to pick up with about 3.1 GW new capacity added in the first half of 2018 in Russia and China while, at the very least, 4GW more to be completed by the end of the year – more than doubling the capacity additions in 2017.

In 2019 new connections to the grid would exceed 10GW by a significant margin.

If nuclear is in decline, why then do China, India, Russia and other countries keep building nuclear power plants?

To begin with, the issue of cost, argued by those opposed to nuclear, is in fact largely a bogus one, which does not make a fully rounded like for like comparison.

It is true that the latest generation reactors, especially those under construction in the US and Western Europe, have encountered significant construction delays and cost overruns.

But the main, and often the only, reason for that is the ‘first-of-a-kind’ nature of those projects.

If you build something for the first time, be it nuclear, wind or solar, it is expensive. Experience shows that with series build, standardised construction economies of scale and the learning curve from multiple projects, costs come down by around one-third; and this is exactly what is already happening in some parts of the world.

Furthermore, those first-of-a-kind projects were forced to be financed 100% privately and investors had to bear all political risks. It sent the cost of capital soaring, increasing at one stroke the final electricity price by about one third.

While, according to the International Energy Agency, at 3% cost of capital rate, nuclear is the cheapest source of energy: on average 1% increase adds about US$6-7 per MWh to the final price.

When it comes to solar and wind, the truth, inconvenient for those cherishing the fantasy of a world relying 100% on renewables, is that the ‘plummeting prices’ (which, by the way, haven’t changed much over the last three years, reaching a plateau) do not factor in so-called system and balancing costs associated with the need to smooth the intermittency of renewables.

Put simply, the fact the sun doesn’t shine at night and wind doesn’t blow all the time means wind and solar generation needs to be backed up.

According to a study by the Potsdam Institute for Climate Impact Research, integration of intermittent renewables into the grid is estimated in some cases to be as expensive as power generation itself.

Delivering the highest possible renewable content means customers’ bills will have to cover: renewable generation costs, energy storage solutions, major grid updates and interconnections investment, as well as gas or coal peaking power plants or ‘peakers’, which work only from time to time when needed to back up wind and solar.

The expected cost for kWh for peakers, according to investment bank Lazard is about twice that of conventional power plants due to much lower capacity factors.

Despite exceptionally low fossil fuel prices, peaking natural gas generation had an eye-watering cost of $156-210 per MWh in 2017 while electricity storage, replacing ‘peakers’, would imply an extra cost of $186-413 per MWh.

Burning fossil fuels is cheaper but comes with a great deal of environmental concern and extensive use of coal would make net-zero emissions targets all but unattainable.

So, contrary to some claims, nuclear does not compete with renewables. Moreover, a recent study by the MIT Energy Initiative showed, most convincingly, that renewables and load following advanced nuclear are complementary.

Nuclear competes with coal. Phasing out coal is crucial to fighting climate change. Putting off decisions to build new nuclear capacities while increasing the share of intermittent renewables makes coal indispensable and extends its life.

Scientists at the Brattle group, a consultancy, argue that “since CO2 emissions persist for many years in the atmosphere, near-term emission reductions are more helpful for climate protection than later ones”.

The longer we hesitate with new nuclear build the more difficult it becomes to save the Earth.

Nuclear power accounta for about one-tenth of global electricity production, but as much as one-third of generation from low-carbon sources. 1GWe of installed nuclear capacity prevents emissions of 4-7 million metric tons of CO2 emissions per year, depending on the region.

The International Energy Agency (IEA) estimates that in order to limit the average global temperature increase to 2°C and still meet global power demand, we need to connect to the grid at least 20GW of new nuclear energy each year.

The World Nuclear Association (WNA) sets the target even higher with the total of 1,000 GWe by 2050, or about 10 GWe per year before 2020; 25 GWe per year from 2021 to 2025; and on average 33 GWe from 2026 to 2050.

Regulatory and political challenges in the West have made life for nuclear businesses in the US and in Europe's nuclear sector very difficult, driving many of them to the edge of insolvency; but in the rest of the world nuclear energy is thriving.

Nuclear vendors and utilities post healthy profits and invest heavily in next-gen nuclear innovation and expansion. The BRICS countries are leading the way, taking over the initiative in the global climate agenda. From their perspective, it’s the opposite of decline.

Dr Kirill Komarov is first deputy CEO of Russian state nuclear energy operator Rosatom and chairman of the World Nuclear Association.

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