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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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Brazil ICMS Tax Cap limits state VAT on fuels, natural gas, electricity, communications, and transit, promising short-term price relief amid inflation, with federal compensation to states and potential legal challenges affecting investments and ANP auctions.

Key Points

A policy capping state VAT at 17-18 percent on fuels, electricity, and services to temper prices and inflation.

✅ Caps VAT to 17-18% on fuels, power, telecom, transit

✅ Short-term relief; medium-long term impact uncertain

✅ Federal compensation; potential court challenges, investment risk

Brazil’s congress approved a bill that limits the ICMS tax rate that state governments can charge on fuels, natural gas, electricity, communications, and public transportation. 

Local lawyers told BNamericas that the measure may reduce fuel and power prices in the short term, similar to Brazil power sector relief loans seen during the pandemic, but it is unlikely to produce any major effects in the medium and long term. 

In most states the ceiling was set at 17% or 18% and the federal government will pay compensation to the states for lost tax revenue until December 31, via reduced payments on debts that states owe the federal government.

The bill will become law once signed by President Jair Bolsonaro, who pushed strongly for the proposal with an eye on his struggling reelection campaign for the October presidential election. Double-digit inflation has turned into a major election issue and fuel and electricity prices have been among the main inflation drivers, as seen in EU energy-driven inflation across the bloc this year. Congress’ approval of the bill is seen by analysts as political victory for the Brazilian leader.

How much difference will it make?

Marcus Francisco, tax specialist and partner at Villemor Amaral Advogados, said that in the formation of fuel and electricity prices there are other factors, including high natural gas prices, that drive increases.

“In the case of fuels, if the barrel of oil [price] increases, automatically the final price for the consumer will go up. For electricity, on the other hand, there are several subsidies and policy choices such as Florida rejecting federal solar incentives that are part of the price and that can increase the rate [paid],” he said. 

There is also a possibility that some states will take the issue to the supreme court since ICMS is a key source of revenue for them, Francisco added.

Tiago Severini, a partner at law firm Vieira Rezende, said the comparison between the revenue impact and the effective price reduction, based on the estimates made by the states and the federal government, seems disproportionate, and, as seen in Europe, rolling back European electricity prices is often tougher than it appears. 

“In other words, a large tax collection impact is generated, which is quite unequal among the different states, for a not so strong price reduction,” he said.

“Due to the lack of clarity regarding the precision of the calculations involved, it’s difficult even to assess the adequacy of the offsets the federal government has been considering, and international cases such as France's new electricity pricing scheme illustrate how complex it can be to align fiscal offsets with regulatory constraints, to cover the cost it would have with the compensation for the states” Severini added.

The compensation ideas that are known so far include hiking other taxes, such as the social contribution on net profits (CSLL) that is paid by oil and gas firms focused on exploration and production.

“This can generate severe adverse effects, such as legal disputes, reduced investments in the country, and reduced attractiveness of the new auctions by [sector regulator] ANP, and costly interventions like the Texas electricity market bailout after extreme weather events,” Severini said. 

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Transcranial electrical stimulation synchronizes brain waves to bolster working memory, aligning neural oscillations across the prefrontal and temporal cortex. This noninvasive brain stimulation may counter cognitive aging by restoring network coupling and improving short-term recall.

Key Points

Transcranial electrical stimulation applies scalp currents to synchronize brain waves, briefly enhancing working memory.

✅ Synchronizes prefrontal-temporal networks to restore coupling

✅ Noninvasive tES/tACS protocols show rapid, reversible gains

✅ Effects lasted under an hour; durability remains to be tested

To read this sentence, you hold the words in your mind for a few seconds until you reach the period. As you do, neurons in your brain fire in coordinated bursts, generating electrical waves that let you hold information for as long as it is needed, much as novel devices can generate electricity from falling snow under specific conditions. But as we age, these brain waves start to get out of sync, causing short-term memory to falter. A new study finds that jolting specific brain areas with a periodic burst of electricity might reverse the deficit—temporarily, at least.

The work makes “a strong case” for the idea that out-of-sync brain waves in specific regions can drive cognitive aging, says Vincent Clark, a neuroscientist at the University of New Mexico in Albuquerque, who was not involved in the research. He adds that the brain stimulation approach in the study may result in a new electrical therapy for age-related deficits in working memory.

Working memory is “the sketchpad of the mind,” allowing us to hold information in our minds over a period of seconds. This short-term memory is critical to accomplishing everyday tasks such as planning and counting, says Robert Reinhart, a neuroscientist at Boston University who led the study. Scientists think that when we use this type of memory, millions of neurons in different brain areas communicate through coupled bursts of activity, a form of electrical conduction that coordinates timing across networks. “Cells that fire together, wire together,” Reinhart says.

But despite its critical role, working memory is a fragile cognitive resource that declines with age, Reinhart says. Previous studies had suggested that reduced working-memory performance in the elderly is linked to uncoupled activity in different brain areas. So Reinhart and his team set out to test whether recoupling brain waves in older adults could boost the brain’s ability to temporarily store information, a systems-level coordination challenge akin to efforts to use AI for energy savings on modern power grids.

To do so, the researchers used jolts of weak electrical current to synchronize waves in the prefrontal and temporal cortex—two brain areas critical for cognition, a targeted approach not unlike how grids use batteries to stabilize power during strain—and applied the current to the scalps of 42 healthy people in their 60s and 70s who showed no signs of decline in mental ability. Before their brains were zapped, participants looked at a series of images: an everyday object, followed briefly by a blank screen, and then either an identical or a modified version of the same object. The goal was to spot whether the two images were different.

Then the participants took the test again, while their brains were stimulated with a current. After about 25 minutes of applying electricity, participants were on average more accurate at identifying changes in the images than they were before the stimulation. Following stimulation, their performance in the test was indistinguishable from that of a group of 42 people in their 20s. And the waves in the prefrontal and temporal cortex, which had previously been out of sync in most of the participants, started to fire in sync, the researchers report today in Nature Neuroscience, a synchronization imperative reminiscent of safeguards that prevent power blackouts on threatened grids. No such effects occurred in a second group of older people who received jolts of current that didn’t synchronize waves in the prefrontal and temporal cortex.

By using bursts of current to knock brain waves out of sync, the researchers also modulated the brain chatter in healthy people in their 20s, making them slower and less accurate at spotting differences in the image test.

“This is a very nice and clear demonstration of how functional connections underlie memory in younger adults and how alterations … can lead to memory reductions in older adults,” says Cheryl Grady, a cognitive neuroscientist at the Rotman Research Institute at Baycrest in Toronto, Canada. It’s also the first time that transcranial stimulation has been shown to restore working memory in older people, says Michael O’Sullivan, a neuroscientist at the University of Queensland in Brisbane, Australia, though electricity in medicine extends far beyond neurostimulation.

But whether brain zapping could turbocharge the cognitive abilities of seniors or help improve the memories of people with diseases like Alzheimer’s is still unclear: In the study, the positive effects on working memory lasted for just under an hour—though Reinhart says that’s as far as they recorded in the experiment. The team didn’t see the improvements decline toward the end, so he suspects that the cognitive boost may last for longer. Still, researchers say much more work has to be done to better understand how the stimulation works.

Clark is optimistic. “No pill yet developed can produce these sorts of effects safely and reliably,” he says. “Helping people is the ultimate goal of all of our research, and it’s encouraging to see that progress is being made.”

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Rio Tinto waste heat-to-electricity initiative captures underground mining thermal energy at Resolution Copper, Arizona, converting it to renewable power for cooling systems and microgrids, advancing decarbonization, energy efficiency, and the miner's 2050 carbon-neutral goal.

Key Points

A program converting underground thermal energy into on-site electricity to cut emissions and support mine cooling.

✅ Captures low-grade heat from rock and geothermal water.

✅ Generates electricity for ventilation, refrigeration, microgrids.

✅ Scalable, safe, and grid- or storage-ready for peak demand.

The world’s second-largest miner, Rio Tinto announced that it is accepting proposals for solutions that transform waste heat into electricity for reuse from its underground operations.

In a press release, the company said this initiative is aimed at drastically reducing greenhouse gas emissions, even as energy-intensive projects like bitcoin mining operations expand, so that it can achieve its goal of becoming carbon neutral by 2050.

Initially, the project would be implemented at the Resolution copper mine in Arizona, which Rio owns together with BHP (ASX, LON: BHP). At this site, massive electrically-driven refrigeration and ventilation systems, aligned with broader electrified mining practices, are in charge of cooling the work environment because of the latent heat from the underground rock and groundwater. 

THE INITIATIVE IS AIMED AT REDUCING GREENHOUSE GAS EMISSIONS SO THAT RIO CAN ACHIEVE ITS GOAL OF BECOMING CARBON NEUTRAL BY 2050

“When operating, the Resolution copper mine will be a deep underground block cave mine some 7,000 feet (~2 kilometres) deep, with ambient air temperatures ranging between 168°F to 180°F (76°C to 82°C), conditions that, during heat waves, when bitcoin mining power demand can strain local grids, further heighten cooling needs, and underground water at approximately 194°F (90°C),” the media brief states.

“Rio Tinto is seeking solutions to capture and reuse the heat from underground, contributing towards powering the equipment needed to cool the operations. The solution to capture and convert this thermal energy into electrical energy, such as emerging thin-film thermoelectrics, should be safe, environmentally friendly and cost-effective.”

The miner also said that, besides capturing heat for reuse, the solution should generate electrical energy from low range temperatures below the virgin rock temperature and/or from the high thermal water coming from the underground rock, similar to using transformer waste heat for heating in the power sector. 

At the same time, the solution should be scalable and easily transported through the many miles of underground tunnels that will be built to ventilate, extract and move copper ore to the surface.

Rio requires proposals to offer the possibility of distributing the electrical energy generated back into the electrical grid from the mining operation or stored and used at a later stage when energy is required during peak use periods, especially as jurisdictions aim to use more electricity for heat in colder seasons. 

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Maple Ridge Lithium-Ion Battery Plant will be a $1B E-One Moli clean-tech facility in Canada, manufacturing high-performance cells for tools and devices, with federal and provincial funding, creating 450 jobs and boosting battery supply chains.

Key Points

A $1B E-One Moli facility in B.C. producing lithium-ion cells, backed by federal and provincial funding.

✅ $204.5M federal and up to $80M B.C. support committed

✅ E-One Moli to create 450 skilled jobs in Maple Ridge

✅ High-performance cells for tools, medical devices, and equipment

A lithium-ion battery cell production plant costing more than $1 billion will be built in Maple Ridge, B.C., Prime Minister Justin Trudeau and Premier David Eby jointly announced on Tuesday.

Trudeau and Eby say the new E-One Moli facility will bolster Canada's role as a global leader in clean technology, as recent investments in Quebec's EV battery assembly illustrate today.

It will be the largest factory in Canada to manufacture such high-performance batteries, Trudeau said during the announcement, amid other developments such as a new plant in the Niagara Region supporting EV growth.

The B.C. government will contribute up to $80 million, while the federal government plans to contribute up to $204.5 million to the project. E-One Moli and private sources will supply the rest of the funding. 

Trudeau said B.C. has long been known for its innovation in the clean-technology sector, and securing the clean battery manufacturing project, alongside Northvolt's project near Montreal, will build on that expertise.

"The world is looking to Canada. When we support projects like E-One Moli's new facility in Maple Ridge, we bolster Canada's role as a global clean-tech leader, create good jobs and help keep our air clean," he said.

"This is the future we are building together, every single day. Climate policy is economic policy."

Nelson Chang, chairman of E-One Moli Energy, said the company has always been committed to innovation and creativity as creator of the world's first commercialized lithium-metal battery.

E-One Moli has been operating a plant in Maple Ridge since 1990. Its parent company, Taiwan Cement Corp., is based in Taiwan.

"We believe that human freedom is a chance for us to do good for others and appreciate life's fleeing nature, to leave a positive impact on the world," Chang said.

"We believe that [carbon dioxide] reduction is absolutely the key to success for all future businesses," he said.

The new plant will produce high-performance lithium-cell batteries found in numerous products, including vacuums, medical devices, and power and gardening tools, aligning with B.C.'s grid development and job plans already underway, and is expected to create 450 jobs, making E-One Moli the largest private-sector employer in Maple Ridge.

Eby said every industry needs to find ways to reduce their carbon footprint to ensure they have a prosperous future and every province should do the same, with resource plays like Alberta's lithium supporting the EV supply chain today.

It's the responsible thing to do given the record wildfires, extreme heat, and atmospheric rivers that caused catastrophic flooding in B.C., he said, with large-scale battery storage in southwestern Ontario helping grid reliability.

"We know that this is what we have to do. The people who suggest that we have to accept that as the future and stop taking action are simply wrong."

Trudeau, Eby and Chang toured the existing plant in Maple Ridge, east of Vancouver, before making the announcement.

The prime minister wove his way around several machines and apologized to technicians about the commotion his visit was creating.

The Canadian Taxpayers Federation criticized the federal and B.C. governments for the announcement, saying in a statement the multimillion-dollar handout to the battery firm will cost taxpayers hundreds of thousands of dollars for each job.

Federation director Franco Terrazzano said the Trudeau government has recently given "buckets of cash" to corporations such as Volkswagen, Stellantis, the Ford Motor Company and Northvolt.

"Instead of raising taxes on ordinary Canadians and handing out corporate welfare, governments should be cutting red tape and taxes to grow the economy," said Terrazzano. 

Construction is expected to start next June, as EV assembly deals put Canada in the race, and the company plans for the facility to be fully operational in 2028.

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Germany net-zero roadmap charts coal phase-out by 2030, rapid renewables buildout, energy storage, and hydrogen-ready gas engines to cut emissions and lower LCOE by 34%, unlocking a resilient, flexible, low-cost power system by 2040.

Key Points

Plan to phase out coal by 2030 and gas by 2040, scaling renewables, storage, and hydrogen to cut LCOE and emissions.

✅ Coal out by 2030; gas phased 2040 with hydrogen-ready engines

✅ Add 19 GW/yr renewables; 30 GW storage by 2040

✅ 34% lower LCOE, 23% fewer emissions vs slower path

Germany can achieve significant reductions in emissions and the cost of electricity by phasing out coal in 2030 under its coal phase-out plan but must have a clear plan to ramp up renewables and pivot to sustainable fuels in order to achieve net-zero, according to a new whitepaper from Wartsila.

The modelling, published in Wärtsilä new white paper ‘Achieving net-zero power system in Germany by 2040’, compares the current plan to phase out coal by 2030 and gas by 2045 with an accelerated plan, where gas is phased out by 2040. By accelerating the path to net-zero, Germany can unlock a 34% reduction in the levelised cost of energy, as well as a 23% reduction in the total emissions, or 562 million tonnes of carbon dioxide in real terms.

The modelling offers a clear, three-step roadmap to achieve net-zero: rapidly increase renewables, energy storage and begin future-proofing gas engines in this decade; phase out coal by 2030; and phase out gas by 2040, converting remaining engines to run on sustainable fuels.

The greatest rewards are available if Germany front-loads decarbonisation. This can be done by rapidly increasing renewable capacity, adding 19 GW of wind and solar PV capacity per year. It must also add a total of 30GW of energy storage by 2040.

Håkan Agnevall, President and CEO of Wärtsilä Corporation said: “Germany stands on the precipice of a new, sustainable energy era. The new Federal Government has indicated its plans to consign coal to history by 2030. However, this is only step one. Our white paper demonstrates the need to implement a three-step roadmap to achieve net-zero. It is time to put a deadline on fossil fuels and create a clear plan to transition to sustainable fuels.”

While a rapid coal phase-out has been at the centre of recent climate policy debates, including the ongoing nuclear debate over Germany’s energy mix, the pathway to net-zero is less clear. Wärtsilä’s modelling shows that gas engines should be used to accelerate the transition by providing a short-term bridge to enable net zero and navigate the energy transition while balancing the intermittency of renewables until sustainable fuels are available at scale.

However, if Germany follows the slower pathway and reaches net-zero by 2045, it risks becoming reliant on gas as baseload power for much of the 2030s amid renewable expansion challenges that persist, potentially harming its ability to reach its climate goals. 

Creating the infrastructure to pivot to sustainable fuels is one of the greatest challenges facing the German system. The ability to convert existing capacity to run purely on hydrogen via hydrogen-ready power plants will be key to reaching net-zero by 2040 and unlocking the significant system-wide benefits on offer.

Jan Andersson, General Manager of Market Development in Germany, Wärtsilä Energy added: “To reach the 2040 target and unlock the greatest benefits, the most important thing that Germany can do is build renewables now. 19 GW is an ambitious target, but Germany can do it. History shows us that Germany has been able to achieve high levels of renewable buildout in previous years. It must now reach those levels consistently.

“Creating a clear plan which sets out the steps to net zero is essential. Renewable energy is inherently intermittent, so flexible energy capacity will play a vital role. While batteries provide effective short-term flexibility, gas is currently the only practical long-term option. If Germany is to unlock the greatest benefits from decarbonisation, it must have a clear plan to integrate sustainable fuel. From 2030, all new thermal capacity must run solely on hydrogen.”

Analysis of the last decade demonstrates that the rapid expansion of renewable energy is possible, and that renewables overtook coal and nuclear in generation. Previously, Germany has built large amounts of renewable capacity, including 8GW of solar PV in 2010 and 2011, 5.3 GW of onshore wind in 2017, and 2.5 GW of offshore wind in 2015.

The significant reductions in the cost of electricity demonstrated in the modelling are driven by the fact that renewables are far cheaper to run than coal or gas plants, even as coal still provides about a third of electricity in Germany. The initial capital investment is far outweighed by the ongoing operational expense of fossil fuel-based power.

As well as reducing emissions and costs, Germany’s rapid path to net-zero can also unlock a series of additional benefits. If coal is phased out by 2030 but capacity is not replaced by high levels of renewable energy, Germany risks becoming a significant energy importer, peaking at 162 TWh in 2035. The accelerated pathway would reduce imports by a third.

Likewise, more renewable energy will help to electrify district heating, meaning Germany can move away from carbon-intensive fuels sooner. If Germany follows the accelerated path, 57% of Germany’s heating could be electrified in 2045, compared to 10% under the slower plan.

Jan Andersson concluded: “The opportunities on offer are vast. Germany can provide the blueprint for net zero and galvanise an entire continent. Now is the time for the new government to seize the initiative.”

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