Minnesota man helps design alternative vehicles

By St. Cloud Times


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A plaque hanging in Lee Hart's cluttered home office is inscribed with a Chinese proverb: "Those who say it cannot be done should not interrupt those doing it."

In Hart's garage, stacks of batteries capable of powering a car line the walls. A dusty gold-colored Renault is parked with the hood open, revealing battery packs. In one corner sits a cardboard car designed and built by middle-school students to run on batteries.

So when Republican presidential candidate John McCain said last month that the government should pay a $300 million reward to the inventor of a battery strong enough to run an automobile, Hart wasn't impressed.

Batteries are not the problem, Hart said, and he should know. The Sartell engineer has been helping design electric cars for decades.

One of his projects, the two-seat Tango, has been sold to a handful of customers, including actor George Clooney.

Interest in electric cars has risen and fallen in waves since the first ones were invented a century ago. Periodically, politicians talk about pursuing the idea with law changes or funding, but eventually interest wanes, Hart said.

"It's done this over and over and over again for 100 years now," Hart said. Yet today, electric cars remain a "fringe science," he said.

The reason Americans are still driving cars fueled by gasoline — despite the rising price of oil and concerns about global warming — is because the status quo is difficult to change, Hart said.

Major U.S. automobile manufacturers aren't willing to give them up, he said, and small companies trying to produce electric cars have trouble getting enough capital.

To counter that, Hart has been working on a design for an electric car he hopes can be copied and built by average people. It's a sort of grass-roots countermovement for others tired of waiting for General Motors and Ford to mass-produce alternatives to gasoline-powered automobiles.

"I think you have to build it up piece by piece," he said.

Hart spent the first part of his career as an engineer designing battery chargers and management systems for large companies such as Eastman Kodak and Honeywell, working long hours with little creative freedom.

"I just said enough, I'm not going to do this anymore," Hart said.

He became a contract engineer hired mostly by small, startup companies — "mad inventors," he calls them. Hart now tinkers from his home for less pay but more job satisfaction.

The companies who hire Hart don't always stick around long. Some have gone out of business or been bought by larger corporations, which outsourced the design work to a foreign country.

Designing a battery that's powerful enough, light enough and lasts long enough to run a car isn't easy. There have been technological breakthroughs with nickel-metal hydride and lithium ion batteries, but they have drawbacks — too heavy, too expensive or potentially flammable.

And electric car engineers have another major obstacle — the high standards of U.S. drivers, most of whom don't understand how automobiles work, Hart said. Unlike gasoline-powered cars that have been perfected through mass production, most prototype electric cars have had design glitches, he said.

"If you want perfection, then you're going to spend an awfully long time looking for it," he said.

Still, there have been electric car success stories, including GM's Impact, unveiled in 1990 and later called the EV1. When California mandated the production of zero-emission vehicles, most major automakers began working on electric models.

But after the California regulations were rolled back, most of the electric cars were withdrawn from the market and destroyed, as chronicled in the 2006 documentary "Who Killed the Electric Car?"

Hart was intrigued by a solar-powered car called the Sunrise, produced in the mid-1990s by a company called Solectria. The four-passenger sedan looked like a normal car, could go 65 miles per hour and traveled 375 miles on a single charge.

"It demonstrated that an electric car can work," Hart said. "Its range was every bit as good as a gasoline car."

When Solectria went out of business, Hart and several others decided to buy the rights to Sunrise's design and the remaining parts. They found other parts from salvage yards that had received the cars.

Now Hart and mechanic Tim Medeck of Rice hope to make a kit car that anyone could buy and put together. Like ultralight airplanes built by their makers, kit cars are legal, Hart said.

Hart and Medeck are putting parts stripped from an old Ford Thunderbird onto the Sunrise body. The batteries will be installed in a drawer-like compartment under the car, where they can be easily removed or replaced. Each car likely will cost $10,000 or more, depending on how many extras the driver wants to add, Hart said.

Hart acknowledges that many drivers might be scared off by the serious assembly required, including welding. But he said there's no high-level skill required. It's more of a craft, like knitting, Hart said.

And those who build a few cars successfully might start selling them to others, he said.

"We have to start somewhere," Hart said. "At this point, selling tens a year is a success."

As for McCain's proposal of a hefty cash reward, Hart isn't optimistic it will lead to significant advancement.

The idea has been tried before, he noted. The X PRIZE is a nonprofit prize institute that offers large cash prizes for radical breakthroughs, such as the first private vehicle to reach space.

But typically such contests' high standards make them out of reach for everyone except large companies, which have a stake in preserving the status quo, Hart said.

Instead, Hart would like to see the federal government offer smaller incentives to encourage change, such as tax breaks for consumers who purchase an electric vehicle.

Despite his skepticism, Hart does believe that if gas prices continue to rise, the nation will demand a move toward energy independence.

"There's some point at which people are going to pound on the table and say, 'Enough. I'm not doing this anymore,'" he said.

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Calgary electricity retailer urges government to scrap overhaul of power market

Alberta Capacity Market Overhaul faces scrutiny over electricity costs, reliability targets, investor certainty, and AESO design, as UCP reviews NDP reforms, renewables integration, and deregulated energy-only alternatives impacting generators, ratepayers, and future power price volatility.

 

Key Points

A shift paying generators for capacity and energy to improve reliability; critics warn of higher electricity costs.

✅ UCP reviewing NDP plan and subsidies amid market uncertainty

✅ AESO cites reliability needs as coal retires, renewables grow

✅ Critics predict overprocurement and premature launch cost spikes

 

Jason Kenney's government is facing renewed pressure to cancel a massive overhaul of Alberta's power market that one player says will needlessly spike costs by hundreds of millions of dollars, amid an electricity sector in profound change today.

Nick Clark, who owns the Calgary-based electricity retailer Spot Power, has sent the Alberta government an open letter urging it to walk away from the electricity market changes proposed by the former NDP government.

"How can you encourage new industry to open up when one of their raw material costs will increase so dramatically?" Clark said. "The capacity market will add more costs to the consumer and it will be a spiral downwards."

But NDP Leader Rachel Notley, whose government ushered in the changes, said fears over dramatic cost increases are unfounded.

"There are some players within the current electricity regime who have a vested interest in maintaining the current situation," Notley said

Kenney's UCP vowed during the recent election to review the current and proposed electricity market options, as the electricity market heads for a reshuffle, with plans to report on its findings within 90 days.

The party also promised to scrap subsidies for renewable power, while ensuring "a market-based electricity system" that emphasizes competition in Alberta's electricity market for consumers.

The New Democrats had opted to scrap the current deregulated power market — in place since the Klein era — after phasing out coal-fired generation and ushering in new renewable power as part of changes in how Alberta produces and pays for electricity under their climate change strategy.

The Alberta Electric System Operator, which oversees the grid, says the province will need new sources of electricity to replace shuttered coal plants and backstop wind and solar generators, while meeting new consumer demand.

After consulting with power companies and investors, the AESO concluded in late 2016 the electricity market couldn't attract enough investment to build the needed power generation under the current model.

The AESO said at the time investors were concerned their revenues would be uncertain once new plants are running. It recommended what's known as a capacity market, which compensates power generators for having the ability to produce electricity, even when they're not producing it.

In other words, producers would collect revenue for selling electricity into the grid and, separately, for having the capacity to produce power as a backstop, ensuring the lights stay on. Power generators would use this second source of income to help cover plant construction costs.

Clark said the complex system introduces unnecessary costs, which he believes would hurt consumers in the end. He said what's preventing investment in the power market is uncertainty over how the market will be structured in the future.

"What investors need to see in this market is price certainty, regulatory ease, and where the money they're putting into the marketplace is not at risk," he said.

"They can risk their own money, but if in fact the government comes in and changes the policy as it was doing, then money stayed away from the province."

Notley said a capacity market would not increase power bills but would avoid big price swings, with protections like a consumer price cap on power bills also debated, while bringing greener sources of energy into Alberta's grid.

"Moving back to the [deregulated] energy-only market would make a lot of money for a few people, and put consumers, both industrial and residential, at great risk."

Clark disagrees, citing Enmax's recent submissions to the Alberta Utilities Commission, in which the utility argues the proposed design of the capacity market is flawed.

In its submissions to the commission, which is considering the future of Alberta's power market, Enmax says the proposed system would overestimate the amount of generation capacity the province will need in the future. It says the calculation could result in Alberta procuring too much capacity.

The City of Calgary-owned utility says this could drive up costs by anywhere from $147 million to $849 million a year. It says a more conservative calculation of future electricity demand could avoid the extra expense.

An analysis by a Calgary energy consulting firm suggests a different feature of the proposed power market overhaul could also lead to a massive spike in costs.

EDC Associates, hired by the Consumers' Coalition of Alberta, argues the proposal to launch the new system in November 2021 may be premature, because it could bring in additional supplies of electricity before they're needed.

The consultant's report, also filed with the Alberta Utilities Commission, estimates the early launch date could require customers to pay 40 per cent more for electricity amid rising electricity prices in the province — potentially an extra $1.4 billion — in 2021/22.

"The target implementation date is politically driven by the previous government," said Duane Reid-Carlson, president of EDC Associates.

Reid-Carlson recommends delaying the launch date by several years and making another tweak: reducing the proposed target for system reliability, which would scale back the amount of power generation needed to backstop renewable sources.

"You could get a result in the capacity market that would give a similar cost to consumers that the [deregulated] energy-only market design would have done otherwise," he said.

"You could have a better risk profile associated with the capacity market that would serve consumers better through lower cost, lower price volatility, and it would serve generators better by giving them better access to capital at lower costs."

The UCP government did not respond to a request for comment.

 

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Understanding the Risks of EV Fires in Helene Flooding

EV Flood Fire Risks highlight climate change impacts, lithium-ion battery hazards, water damage, post-submersion inspection, first responder precautions, manufacturer safeguards, and insurance considerations for extreme weather, flood-prone areas, and hurricane aftermaths.

 

Key Points

Water-exposed EV lithium-ion batteries may ignite later, requiring inspection, isolation, and trained responders.

✅ Avoid driving through floodwaters; park on high ground.

✅ After submersion, isolate vehicle; seek qualified inspection.

✅ Inform first responders and insurers about EV water damage.

 

As climate change intensifies the frequency and severity of extreme weather events, concerns about electric vehicle (EV) safety in flood-prone areas have come to the forefront. Recent warnings from officials regarding the risks of electric vehicles catching fire due to flooding from Hurricane Idalia underscore the need for heightened awareness and preparedness among consumers and emergency responders, as well as attention to grid reliability during disasters.

The alarming incidents of EVs igniting after being submerged in floodwaters have raised critical questions about the safety of these vehicles during severe weather conditions. While electric vehicles are often touted for their environmental benefits and lower emissions, it is crucial to understand the potential risks associated with their battery systems when exposed to water, even as many drivers weigh whether to buy an electric car for daily use.

The Risks of Submerging Electric Vehicles

Electric vehicles primarily rely on lithium-ion batteries, which can be sensitive to water exposure. When these batteries are submerged, they risk short-circuiting, which may lead to fires. Unlike traditional gasoline vehicles, where fuel may leak out, the sealed nature of an EV’s battery can create hazardous situations when compromised. Experts warn that even after water exposure, the risk of fire can persist, sometimes occurring days or weeks later.

Officials emphasize the importance of vigilance in flood-prone areas, including planning for contingencies like mobile charging and energy storage that support recovery. If an electric vehicle has been submerged, it is crucial to have it inspected by a qualified technician before attempting to drive it again. Ignoring this can lead to catastrophic consequences not only for the vehicle owner but also for surrounding individuals and properties.

Official Warnings and Recommendations

In light of these dangers, safety officials have issued guidelines for electric vehicle owners in flood-prone areas. Key recommendations include:

  1. Avoid Driving in Flooded Areas: The most straightforward advice is to refrain from driving through flooded streets, which can not only damage the vehicle but also pose risks to personal safety.

  2. Inspection After Flooding: If an EV has been submerged, owners should seek immediate professional inspection. Technicians can evaluate the battery and electrical systems for damage and determine if the vehicle is safe to operate.

  3. Inform Emergency Responders: In flood situations, informing emergency personnel about the presence of electric vehicles can help them mitigate risks during rescue operations, including firefighter health risks that may arise. First responders are trained to handle conventional vehicles but may need additional precautions when dealing with EVs.

Industry Response and Innovations

In response to rising concerns, electric vehicle manufacturers are working to enhance the safety features of their vehicles. This includes developing waterproof battery enclosures and improving drainage systems to prevent water intrusion, as well as exploring vehicle-to-home power for resilience during outages. Some manufacturers are also investing in research to improve battery chemistry, making them more resilient in extreme conditions.

The automotive industry recognizes that consumer education is equally important, particularly around utility impacts from mass-market EVs that affect planning. Manufacturers and safety organizations are encouraged to disseminate information about proper EV maintenance, the importance of inspections after flooding, and safety protocols for both owners and first responders.

The Role of Insurance Companies

As the risks associated with electric vehicle flooding become more apparent, insurance companies are also reassessing their policies. With increasing incidences of extreme weather, insurers are likely to adapt coverage options related to water damage and fire risks specific to electric vehicles. Policyholders should consult with their insurance providers to ensure they understand their coverage in the event of flooding.

Preparing for the Future

With the increasing adoption of electric vehicles, it is vital to prepare for the challenges posed by climate change and evolving state power grids capacity. Community awareness campaigns can play a significant role in educating residents about the risks and safety measures associated with electric vehicles during flooding events. By fostering a well-informed public, the likelihood of accidents and emergencies can be reduced.

 

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UN: Renewable Energy Ambition in NDCs must Double by 2030

NDC Renewable Energy Ambition drives COP25 calls to align with the Paris Agreement, as IRENA urges 2030 targets toward 7.7 TW, accelerating decarbonization, energy transition, socio-economic benefits, and scalable renewables in Nationally Determined Contributions.

 

Key Points

Raised 2030 renewable targets in NDCs to meet Paris goals, reaching 7.7 TW efficiently and speeding decarbonization.

✅ Double current NDC renewables to align with 7.7 TW by 2030

✅ Cost effective pathway with jobs, growth, welfare gains

✅ Accelerates decarbonization and energy access per UN goals

 

We need an oracle to get us out of this debacle. The UN climate group has met for the 25th time. Will anything ever change?

Countries are being urged to significantly raise renewable energy ambition and adopt targets to transform the global energy system in the next round of Nationally Determined Contributions (NDCs), according to a new IRENA report by the International Renewable Energy Agency (IRENA) that will be released at the UN Climate Change Conference (COP25) in Madrid.

The report will show that renewable energy ambition within NDCs would have to more than double by 2030 to put the world in line with the Paris Agreement goals, cost-effectively reaching 7.7 terawatts (TW) of globally installed capacity by then. Today’s renewable energy pledges under the NDCs are falling short of this, targeting only 3.2 TW, even as over 30% of global electricity is already generated from renewables.

The reportNDCs in 2020: Advancing Renewables in the Power Sector and Beyondwill be released at IRENA’s official side event on enhancing NDCs and raising ambition on 11 December 2019.It will state that with over 2.3 TW installed renewable capacity today, following a record year for renewables in 2016, almost half of the additional renewable energy capacity foreseen by current NDCs has already been installed.

The analysis will also highlight that delivering on increased renewable energy ambition can be achieved in a cost-effective way and with considerable socio-economic benefits across the world.

“Increasing renewable energy targets is absolutely necessary,” said IRENA’s Director-General Francesco La Camera. “Much more is possible. There is a decisive opportunity for policy makers to step up climate action, including a fossil fuel lockdown, by raising ambition on renewables, which are the only immediate solution to meet rising energy demand whilst decarbonizing the economy and building resilience.

“IRENA’s analysis shows that a pathway to a decarbonised economy is technologically possible and socially and economically beneficial,” continued Mr. La Camera.

“Renewables are good for growth, good for job creation and deliver significant welfare benefits. With renewables, we can also expand energy access and help eradicate energy poverty by ensuring clean, affordable and sustainable electricity for all in line with the UN Sustainable Development Agenda 2030.

IRENA will promote knowledge exchange, strengthen partnerships and work with all stakeholders to catalyse action on the ground. We are engaging with countries and regions worldwide, from Ireland's green electricity push to other markets, to facilitate renewable energy projects and raise their ambitions”.

NDCs must become a driving force for an accelerated global energy transformation toward 100% renewable energy globally. The current pledges reflect neither the past decade’s rapid growth nor the ongoing market trends for renewables. Through a higher renewable energy ambition, NDCs could serve to advance multiple climate and development objectives.

 

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Invest in Hydropower to Tackle Coronavirus and Climate Crisis Impacts

Hydropower Covid-19 Resilience highlights clean, reliable energy and flexible grid services, with pumped storage, automation, and affordability supporting climate action, decarbonization, and recovery through sustainable infrastructure, policy incentives, and capacity upgrades.

 

Key Points

Hydropower Covid-19 Resilience is the sector's ability to ensure clean, reliable, flexible power during crises.

✅ Record 4,306 TWh in 2019, avoiding 80-100 Mt CO2e emissions.

✅ 1,308 GW installed; 15.6 GW added; flexibility and storage in demand.

✅ Policy, tax incentives, and fast-track approvals to spur projects.

 

The Covid-19 pandemic has underlined hydropower's resilience and critical role in delivering clean, reliable and affordable energy, especially in times of crisis, as highlighted by IAEA lessons for low-carbon electricity. This is the conclusion of two new reports published by the International Hydropower Association (IHA).

The 2020 Hydropower Status Report presents latest worldwide installed capacity and generation data, showcasing the sector's contribution to global carbon reduction efforts, with low-emissions sources projected to cover almost all demand increases in the next three years. It is published alongside a Covid-19 policy paper featuring recommendations for governments, financial institutions and industry to respond to the current health and economic crisis.

"Preventing an emergency is far better than responding to one," says Roger Gill, President of IHA, highlighting the need to incentivise investments in renewable infrastructure, a view echoed by Fatih Birol during the crisis. "The events of the past few months must be a catalyst for stronger climate action, including greater development of sustainable hydropower."

Now in its seventh edition, the Hydropower Status Report shows electricity generation hit a record 4,306 terawatt hours (TWh) in 2019, the single greatest contribution from a renewable energy source in history, aligning with the outlook that renewables to surpass coal by 2025.

The annual rise of 2.5 per cent (106 TWh) in hydroelectric generation - equivalent to the entire electricity consumption of Pakistan - helped to avoid an estimated additional 80-100 million metric tonnes of greenhouse gases being emitted last year.

The report also highlights:

* Global hydropower installed capacity reached 1,308 gigawatts (GW) in 2019, as 50 countries completed greenfield and upgrade projects, including pumped storage and repowering old dams in some regions.

* A total of 15.6 GW in installed capacity was added in 2019, down on the 21.8 GW recorded in 2018. This represents a rise of 1.2 per cent, which is below the estimated 2.0 per cent growth rate required for the world to meet Paris Agreement carbon reduction targets.

* India has overtaken Japan as the fifth largest world hydropower producer with its total installed capacity now standing at over 50 GW. The countries with the highest increases in were Brazil (4.92 GW), China (4.17 GW) and Laos (1.89 GW).

* Hydropower's flexibility services have been in high demand during the Covid-19 crisis, even as global demand dipped 15% globally, while plant operations have been less affected due to the degree of automation in modern facilities.

* Hydropower developments have not been immune to economic impacts however, with the industry facing widespread uncertainty and liquidity shortages which have put financing and refinancing of some projects at risk.

In a companion policy paper, IHA sets out the immediate impacts of the crisis on the sector, noting how European responses to Covid-19 have accelerated the electricity system transition, as well as recommendations to assist governments and financial institutions and enhance hydropower's contribution to the recovery.

The recommendations include:

  • Increasing the ambition of renewable energy and climate change targets which incorporate the role of sustainable hydropower development.
  • Supporting sustainable hydropower through introducing appropriate financial measures such as tax incentives to ensure viable and shovel-ready projects can commence.
  • Fast-tracking planning approvals to ensure the development and modernisation of hydropower projects can commence as soon as possible, in line with internationally recognised sustainability guidelines.
  • Safeguarding investment by extending deadlines for concession agreements and other awarded projects.
  • Given the increasing need for long-duration energy storage such as pumped storage, working with regulators and system operators to develop appropriate compensation mechanisms for hydropower's flexibility services.

 

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PG&E Rates Set to Stabilize in 2025

PG&E 2024 Rate Hikes signal sharp increases to fund wildfire safety, infrastructure upgrades, and CPUC-backed reliability, with rates expected to stabilize in 2025, affecting rural residents, businesses, and high-risk zones across California.

 

Key Points

PG&E’s 2024 hikes fund wildfire safety and grid upgrades, with pricing expected to stabilize in 2025.

✅ Driven by wildfire safety, infrastructure, and reinsurance costs

✅ Largest impacts in rural, high-risk zones; business rates vary

✅ CPUC oversight aims to ensure necessary, justified investments

 

Pacific Gas and Electric (PG&E) is expected to implement a series of rate hikes that, amid analyses of why California electricity prices are soaring across the state, will significantly impact California residents. These increases, while substantial, are anticipated to be followed by a period of stabilization in 2025, offering a sense of relief to customers facing rising costs.

PG&E, one of the largest utility providers in the state, announced that its 2024 rate hikes are part of efforts to address increasing operational costs, including those related to wildfire safety, infrastructure upgrades, and regulatory requirements. As California continues to face climate-related challenges like wildfires, utilities like PG&E are being forced to adjust their financial models to manage the evolving risks. Wildfire-related liabilities, which have plagued PG&E in recent years, play a significant role in these rate adjustments. In response to previous fire-related lawsuits, including a bankruptcy plan supported by wildfire victims that reshaped liabilities, and the increased cost of reinsurance, PG&E has made it clear that customers will bear part of the financial burden.

These rate hikes will have a multi-faceted impact. Residential users, particularly those in rural or high-risk wildfire zones, will see some of the largest increases. Business customers will also be affected, although the adjustments may vary depending on the size and energy consumption patterns of each business. PG&E has indicated that the increases are necessary to secure the utility’s financial stability while continuing to deliver reliable service to its customers.

Despite the steep increases in 2024, PG&E's executives have assured that the company's pricing structure will stabilize in 2025. The utility has taken steps to balance the financial needs of the business with the reality of consumer affordability. While some rate hikes are inevitable given California's regulatory landscape and climate concerns, PG&E's leadership believes the worst of the increases will be seen next year.

PG&E’s anticipated stabilization comes after a year of scrutiny from California regulators. The California Public Utilities Commission (CPUC) has been working closely with PG&E to scrutinize its rate request and ensure that hikes are justifiable and used for necessary investments in infrastructure and safety improvements. The CPUC’s oversight is especially crucial given the company’s history of safety violations and the public outrage over past wildfire incidents, including reports that its power lines may have sparked fires in California, which have been linked to PG&E’s equipment.

The hikes, though significant, reflect the broader pressures facing utilities in California, where extreme weather patterns are becoming more frequent and intense due to climate change. Wildfires, which have grown in severity and frequency in recent years, have forced PG&E to invest heavily in fire prevention and mitigation strategies, including compliance with a judge-ordered use of dividends for wildfire mitigation across its service area. This includes upgrading equipment, inspecting power lines, and implementing more rigorous protocols to prevent accidents that could spark devastating fires. These investments come at a steep cost, which PG&E is passing along to consumers through higher rates.

For homeowners and businesses, the potential for future rate stabilization offers a glimmer of hope. However, the 2024 increases are still expected to hit consumers hard, especially those already struggling with high living costs. The steep hikes have prompted public outcry, with calls for action as bills soar amplifying advocacy group arguments that utilities should absorb more of the costs related to climate change and fire prevention instead of relying on ratepayers.

Looking ahead to 2025, the expectation is that PG&E’s rates will stabilize, but the question remains whether they will return to pre-2024 levels or continue to rise at a slower rate. Experts note that California’s energy market remains volatile, and while the rates may stabilize in the short term, long-term cost management will depend on ongoing investments in renewable energy sources and continued efforts to make the grid more resilient to climate-related risks.

As PG&E navigates this challenging period, the company’s commitment to transparency and working with regulators will be crucial in rebuilding trust with its customers. While the immediate future may be financially painful for many, the hope is that the utility's focus on safety and infrastructure will lead to greater long-term stability and fewer dramatic rate increases in the years to come.

Ultimately, California residents will need to brace for another tough year in terms of utility costs but can find reassurance that PG&E’s rate increases will eventually stabilize. For those seeking relief, there are ongoing discussions about increasing energy efficiency, exploring renewable energy alternatives, and expanding assistance programs for lower-income households to help mitigate the financial strain of these price hikes.

 

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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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