Despite obstacles, optimism remains for “cow power”

By California Farm Bureau Federation


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Talk to any California dairy farmer who has ever ventured into "cow power" and he will likely have war stories and battle scars to share about the difficult endeavor.

The idea itself was simple: Trap the gas from cow manure, thereby cutting greenhouse gas emissions, and turn it into usable energy. Over the years a number of dairies throughout the state have installed methane digesters, only to face a barrage of regulatory obstacles bringing their projects online and keeping them online.

Despite these headaches, dairy farmers have not given up on cow power, even as they struggle through one of their darkest economic periods in recent history.

David Albers, a third-generation dairy farmer and environmental attorney, still has his bets on biomethane. His 2,600-cow dairy in Fresno County is currently the first and only one in the state to deliver pipeline-quality, renewable natural gas to Pacific Gas & Electric Co.

The direct-pipeline approach is different from what most other dairies in the state have done with methane digesters, which is to produce electricity to run their individual operations.

Engines used to run generators that convert biogas to electricity often don't pass muster with air districts. By piping the gas directly to PG&E, Albers avoids this potential regulatory pitfall.

"With the air district, we're really the favorite approach because we are only reducing emissions," he said. "There are no negative by-products, no new emissions of any kind."

Until recent legislative changes, dairies had no way of selling any excess power they were producing back to the grid, as utilities were not required to pay for it. Without compensation and a marketing outlet, Albers said, digester projects tend to be economically infeasible because they are costly to build and often produce way more power than a dairy needs.

A new state law requiring utilities to buy 20 percent of their power from renewable sources by 2010 has helped to open some doors, he acknowledged.

"All of a sudden, PG&E was in the hunt for that renewable energy," he said. "Here's a great example of where government mandating something can really bring about positive change."

Albers is not alone in his optimism. At a recent National Biomethane Summit in Sacramento, the well-attended event may be an indication that there is still plenty of interest and movement in the biomethane arena.

Government mandates and other regulatory policies aimed at reducing greenhouse gas emissions have thrown a new spotlight on biomethane. Now with climate change legislation being proposed, there is also increased attention on how biomethane could be a part of the solution.

The conference highlighted the potential for widespread use of biomethane — to power cities as well as to fuel vehicles. In addition to dairy manure, organic waste from landfills, farms and food processing plants also can be used to generate gas.

To achieve economies of scale, Albers wants to link other neighboring dairies to his system and bring more gas together. His Bakersfield-based company, BioEnergy Solutions, would build the digesters, lay all the pipes and acquire the necessary permits. Participating dairies would receive a portion of the revenue from the sale of the gas, as well as additional income from the sale of emissions credits.

Albers signed a long-term contract with PG&E three years ago to supply natural gas for an undisclosed premium. His dairy has been piping gas to PG&E since last October — about 140,000 cubic feet per day, which is enough to power 1,200 homes.

His system has enough capacity to take on as many as 25 dairies, and so far a number of them in the Riverdale area have signed up to be a part of his biogas network. He also plans to build other, similar interconnecting systems throughout the San Joaquin Valley.

But the gloomy economy has made investors skittish, and financing has not come though to do the expansion.

"It's hard to get financing," said Allen Dusault, a program director of San Francisco-based Sustainable Conservation. "The banks are very reluctant to lend, and some of the other institutions have pulled back. It would be difficult in the best of times. It's even more difficult in not-so-good times."

Paul Rollin, who runs a 1,600-cow dairy about four miles from Albers, has been interested in methane digesters and electric generation for years, but the economics never worked out and he never pursued it.

When Albers approached him nearly two years ago about joining forces, Rollin agreed, although now he says, "I still have questions in my mind" about whether Albers could bring the project to fruition.

"We've been told that the funding is forthcoming and it will come to pass," said Rollin. "The real challenge is for him to be able to install the improvements and have it be economically viable."

From the PG&E standpoint, Albers' direct pipeline injection has a huge advantage over electrical generation because the utility can store natural gas, said Ken Brennan, a project manager for the power company. But he added that the utility is committed to acquiring all sources of renewable energy.

"We want it all if we can get it," he said.

Michael Marsh, chief executive officer of Western United Dairymen, said 97 percent of the dairies in the state today could employ methane digester technology on their farms if they have the financial incentives and the policy commitment.

And while mandates will certainly help to boost demand for more renewable energy, he said they are not necessarily the answer to getting more methane digesters online.

"The policies — from the regulators, from the legislators and the governor's office — have to jibe with the mandates so that they facilitate rather than provide impediment to the success of these projects," he said. "Once you get the impediments out of the way, the market should take off."

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Improve US national security, step away from fossil fuels

American Green Energy Independence accelerates electrification and renewable energy, leveraging solar, wind, and EVs to boost energy security, cut emissions, create jobs, and reduce reliance on volatile oil and natural gas markets influenced by geopolitics.

 

Key Points

American Green Energy Independence is a strategy to electrify, expand renewables, and enhance energy security.

✅ Electrifies vehicles, appliances, and infrastructure

✅ Expands solar, wind, and storage to stabilize grids

✅ Cuts oil dependence, strengthens energy security and jobs

 

As Putin's heavy hand uses Russia's power over oil and natural gas as a weapon against Europe, which is facing an energy nightmare across its markets, and the people of Ukraine, it's impossible not to wonder how we can mitigate the damages he's causing. Simultaneously, it's a devastating reminder of the freedom we so often take for granted and a warning to increase our energy independence as a nation. There are many ways we can, but one of the best is to follow the lead of the European Union and quicken our transition to green and renewable energies.

We've known it for a long time: our reliance on fossil fuels is a national security risk. Volatile prices coupled with our extreme demand mean that concerns over fossil fuel access have driven foreign policy decisions. We've seen it happen countless times — most notably during the wars in Iraq and Afghanistan — and it's played out again in Ukraine, which has leaned on imports to keep the lights on during the crisis. Concerned by Russia's power over the oil and natural gas market, the US and Europe were quite reluctant to impose the harshest, most recent sanctions because doing so will hurt their citizens' pocketbooks.

As homeowners, we know how much decisions like these can hurt, especially with gas prices being historically high even as an energy crisis isn't spurring a green shift for many consumers. However, the solution to this problem isn't to drill more, as some well-funded oil and gas interest groups have claimed. Doing so likely won't even provide a short-term solution to the problem as it takes six months to a year at minimum to build a new well with all its associated infrastructure.

The best long-term solution is to declare our independence from the global oil market amid a global energy war that is driving price hikes and invest in American-made clean energy. We need to electrify our vehicles, appliances, and infrastructure, and make America fully energy independent. This will save families thousands of dollars a year, make our country more self-sufficient, and provide hundreds of thousands of quality jobs here in the Midwest.

Already, over 600,000 Midwesterners are employed in clean-energy professions, and they make 25 percent more than the national median wage. Nationally, clean energy is the biggest job creator in our country's energy sector, employing almost three times as many workers as the fossil fuel industry.

As we employ our own citizens, we will defund Putin's Russia, which has long been funded by his powerful oil and gas industry. Instead of diversifying his economy during the oil boom of the 2010s, Putin doubled down on petroleum. We should exploit his weakness by leading a global movement to abandon the very resource that funds his warmongering. Doing so will further destabilize his economy and protect the citizens of Ukraine, especially as they prepare for winter amid energy challenges today.

We can start doing this as everyday consumers by seeking electric options like stoves, cars, or other appliances. Congress should help Americans afford these changes by providing tax credits for everyday Americans and innovators in electric vehicle and green energy industries. Doing so will spur innovation in the industry, further reducing the cost to consumers. We should also ensure that our semiconductors, solar panels, wind turbines, and other technology needed for a green future are manufactured and assembled in America. This will ensure that our energy industry is safe from price or supply shocks and reduce brownout risks linked to disruptions caused by an international crisis like the invasion of Ukraine.

In many ways, our next steps as a country can define world history for generations to come. Will we continue our reliance on oil and its tacit support of Putin's economy? Or will we intensify our shift to green energies and make our country more self-sufficient and secure? The global spotlight is on us once again to lead. We hope our country will honor the lives of its veterans and the soldiers fighting in Ukraine by strengthening energy security support and transitioning towards green energy.

 

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Florida Court Blocks Push to Break Electricity Monopolies

Florida Electricity Deregulation Ruling highlights the Florida Supreme Court decision blocking a ballot measure on retail choice, preserving utility monopolies for NextEra and Duke Energy, while similar deregulation efforts arise in Virginia and Arizona.

 

Key Points

A high court decision removing a retail choice ballot measure, keeping Florida utility monopolies intact for incumbents.

✅ Petition language deemed misleading for 2020 ballot

✅ Preserves NextEra and Duke Energy market dominance

✅ Similar retail choice pushes in VA and AZ

 

Florida’s top court ruled against a proposed constitutional amendment that would have allowed customers to pick their electricity provider, even as Florida solar incentives face rejection by state leaders, threatening monopolies held by utilities such as NextEra Energy Inc. and Duke Energy Corp.

In a ruling Thursday, the court said the petition’s language is “misleading” and doesn’t comply with requirements to be included on the 2020 ballot, reflecting debates over electricity pricing changes at the federal level. The measure’s sponsor, Citizens for Energy Choice, said the move ends the initiative, even as electricity future advocacy continues nationwide.

“While we were confident in our plan to gather the remaining signatures required, we cannot overcome this last obstacle,” the group’s chair, Alex Patton, noting ongoing energy freedom in the South efforts, said in a statement.

The proposed measure was one of several efforts underway to deregulate U.S. electricity markets, including New York’s review of retail energy markets this year. Earlier this week, two Virginia state lawmakers unveiled a bill to allow residents and businesses to pick their electricity provider, threatening Dominion Energy Inc.’s longstanding local monopoly. And in Arizona, where Arizona Public Service Co. has long reigned, regulators are considering a similar move, while in New England Hydro-Quebec’s export bid has been energized by a court decision.

 

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A tenth of all electricity is lost in the grid - superconducting cables can help

High-Temperature Superconducting Cables enable lossless, high-voltage, underground transmission for grid modernization, linking renewable energy to cities with liquid nitrogen cooling, boosting efficiency, cutting emissions, reducing land use, and improving resilience against disasters and extreme weather.

 

Key Points

Liquid-nitrogen-cooled power cables delivering electricity with near-zero losses, lower voltage, and greater resilience.

✅ Near-lossless transmission links renewables to cities efficiently

✅ Operate at lower voltage, reducing substation size and cost

✅ Underground, compact, and resilient to extreme weather events

 

For most of us, transmitting power is an invisible part of modern life. You flick the switch and the light goes on.

But the way we transport electricity is vital. For us to quit fossil fuels, we will need a better grid, with macrogrid planning connecting renewable energy in the regions with cities.

Electricity grids are big, complex systems. Building new high-voltage transmission lines often spurs backlash from communities, as seen in Hydro-Que9bec power line opposition over aesthetics and land use, worried about the visual impact of the towers. And our 20th century grid loses around 10% of the power generated as heat.

One solution? Use superconducting cables for key sections of the grid. A single 17-centimeter cable can carry the entire output of several nuclear plants. Cities and regions around the world have done this to cut emissions, increase efficiency, protect key infrastructure against disasters and run powerlines underground. As Australia prepares to modernize its grid, it should follow suit with smarter electricity infrastructure initiatives seen elsewhere. It's a once-in-a-generation opportunity.


What's wrong with our tried-and-true technology?
Plenty.

The main advantage of high voltage transmission lines is they're relatively cheap.

But cheap to build comes with hidden costs later. A survey of 140 countries found the electricity currently wasted in transmission accounts for a staggering half-billion tons of carbon dioxide—each year.

These unnecessary emissions are higher than the exhaust from all the world's trucks, or from all the methane burned off at oil rigs.

Inefficient power transmission also means countries have to build extra power plants to compensate for losses on the grid.

Labor has pledged A$20 billion to make the grid ready for clean energy, and international moves such as US-Canada cross-border approvals show the scale of ambition needed. This includes an extra 10,000 kilometers of transmission lines. But what type of lines? At present, the plans are for the conventional high voltage overhead cables you see dotting the countryside.

System planning by Australia's energy market operator shows many grid-modernizing projects will use last century's technologies, the conventional high voltage overhead cables, even as Europe's HVDC expansion gathers pace across its network. If these plans proceed without considering superconductors, it will be a huge missed opportunity.


How could superconducting cables help?
Superconduction is where electrons can flow without resistance or loss. Built into power cables, it holds out the promise of lossless electricity transfer, over both long and short distances. That's important, given Australia's remarkable wind and solar resources are often located far from energy users in the cities.

High voltage superconducting cables would allow us to deliver power with minimal losses from heat or electrical resistance and with footprints at least 100 times smaller than a conventional copper cable for the same power output.

And they are far more resilient to disasters and extreme weather, as they are located underground.

Even more important, a typical superconducting cable can deliver the same or greater power at a much lower voltage than a conventional transmission cable. That means the space needed for transformers and grid connections falls from the size of a large gym to only a double garage.

Bringing these technologies into our power grid offers social, environmental, commercial and efficiency dividends.

Unfortunately, while superconductors are commonplace in Australia's medical community (where they are routinely used in MRI machines and diagnostic instruments) they have not yet found their home in our power sector.

One reason is that superconductors must be cooled to work. But rapid progress in cryogenics means you no longer have to lower their temperature almost to absolute zero (-273℃). Modern "high temperature" superconductors only need to be cooled to -200℃, which can be done with liquid nitrogen—a cheap, readily available substance.

Overseas, however, they are proving themselves daily. Perhaps the most well-known example to date is in Germany's city of Essen. In 2014, engineers installed a 10 kilovolt (kV) superconducting cable in the dense city center. Even though it was only one kilometer long, it avoided the higher cost of building a third substation in an area where there was very limited space for infrastructure. Essen's cable is unobtrusive in a meter-wide easement and only 70cm below ground.

Superconducting cables can be laid underground with a minimal footprint and cost-effectively. They need vastly less land.

A conventional high voltage overhead cable requires an easement of about 130 meters wide, with pylons up to 80 meters high to allow for safety. By contrast, an underground superconducting cable would take up an easement of six meters wide, and up to 2 meters deep.

This has another benefit: overcoming community skepticism. At present, many locals are concerned about the vulnerability of high voltage overhead cables in bushfire-prone and environmentally sensitive regions, as well as the visual impact of the large towers and lines. Communities and farmers in some regions are vocally against plans for new 85-meter high towers and power lines running through or near their land.

Climate extremes, unprecedented windstorms, excessive rainfall and lightning strikes can disrupt power supply networks, as the Victorian town of Moorabool discovered in 2021.

What about cost? This is hard to pin down, as it depends on the scale, nature and complexity of the task. But consider this—the Essen cable cost around $20m in 2014. Replacing the six 500kV towers destroyed by windstorms near Moorabool in January 2020 cost $26 million.

While superconducting cables will cost more up front, you save by avoiding large easements, requiring fewer substations (as the power is at a lower voltage), and streamlining approvals.


Where would superconductors have most effect?
Queensland. The sunshine state is planning four new high-voltage transmission projects, to be built by the mid-2030s. The goal is to link clean energy production in the north of the state with the population centers of the south, similar to sending Canadian hydropower to New York to meet demand.

Right now, there are major congestion issues between southern and central Queensland, and subsea links like Scotland-England renewable corridors highlight how to move power at scale. Strategically locating superconducting cables here would be the best location, serving to future-proof infrastructure, reduce emissions and avoid power loss.

 

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Energy experts: US electric grid not designed to withstand the impacts of climate change

Summer Power Grid Reliability and Climate Risk drives urgent planning as extreme heat, peak demand, drought, and aging infrastructure strain ERCOT, NERC regions, risking outages without renewables integration and climate-informed grid modeling.

 

Key Points

Assessment of how extreme weather and demand stress the US grid, informing climate-smart planning to reduce outages.

✅ Many operators rely on historical weather, not climate projections

✅ NERC flags elevated blackout risk amid extreme heat and drought

✅ Renewables and storage can boost capacity and cut emissions

 

As heat ramps up ahead of what forecasters say will be a hotter than normal summer, electricity experts and officials are warning that states may not have enough power to meet demand in the coming months. And many of the nation's grid operators are also not taking climate change into account in their planning, despite available grid resilience guidance that could inform upgrades, even as extreme weather becomes more frequent and more severe.

Power operators in the Central US, in their summer readiness report, have already predicted "insufficient firm resources to cover summer peak forecasts." That assessment accounted for historical weather and the latest NOAA outlook that projects for more extreme weather this summer.

But energy experts say that some power grid operators are not considering how the climate crisis is changing our weather — including more frequent extreme events — and that is a problem if the intent is to build a reliable power grid while accelerating investing in carbon-free electricity across markets.

"The reality is the electricity system is old and a lot of the infrastructure was built before we started thinking about climate change," said Romany Webb, a researcher at Columbia University's Sabin Center for Climate Change Law. "It's not designed to withstand the impacts of climate change."

Webb says many power grid operators use historical weather to make investment decisions, rather than the more dire climate projections, simply because they want to avoid the possibility of financial loss, even as climate-related credit risks for nuclear plants are being flagged, for investing in what might happen versus what has already happened. She said it's the wrong approach and it makes the grid vulnerable.

"We have seen a reluctance on the part of many utilities to factor climate change into their planning processes because they say the science around climate change is too uncertain," Webb said. "The reality is we know climate change is happening, we know the impact it has in terms of more severe heatwaves, hurricanes, drought, with recent hydropower constraints in British Columbia illustrating the risks, and we know that all of those things affect the electricity system so ignoring those impacts just makes the problems worse."

An early heatwave knocked six power plants offline in Texas earlier this month. Residents were asked to limit electricity use, keeping thermostats at 78 degrees or higher and, as extreme heat boosts electricity bills for consumers, avoid using large appliances at peak times. The Electric Reliability Council of Texas, or ERCOT, in its seasonal reliability report, said the state's power grid is prepared for the summer and has "sufficient" power for "normal" summer conditions, based on average weather from 2006 to 2020.

But NOAA's recently released summer outlook forecasts above average temperatures for every county in the nation.

"We are continuing to design and site facilities based on historical weather patterns that we know in the age of climate change are not a good proxy for future conditions," Webb said.

When asked if the agency is creating a blind spot for itself by not accounting for extreme weather predictions, an ERCOT spokesperson said the report "uses a scenario approach to illustrate a range of resource adequacy outcomes based on extreme system conditions, including some extreme weather scenarios."

The North American Electric Reliability Corporation, or NERC — a regulating authority that oversees the health of the nation's electrical infrastructure — has a less optimistic projection.

In a recent seasonal reliability report, NERC placed Texas at "elevated risk" for blackouts this summer. It also reported that while much of the nation will have adequate electricity this summer, several markets are at risk of energy emergencies.

California grid operators, who recently avoided widespread rolling blackouts as heat strained the grid, in its summer reliability report also based its readiness analysis on "the most recent 20 years of historical weather data." The report also notes the assessment "does not fully reflect more extreme climate induced load and supply uncertainties."

Compounding the US power grid's supply and demand problem is drought: NERC says there's been a 2% loss of reliable hydropower from the nation's power-producing dams. Add to that the rapid retirement of many coal power plants — all while nearly everything from toothbrushes to cars are now electrified. Energy experts say adding more renewables into the mix will have the dual impact of cutting climate change inducing greenhouse gas emissions but also increasing the nation's power supply, aligning with efforts such as California's 100% carbon-free mandate that aim to speed the transition.
 

 

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Opinion: The awesome, revolutionary electric-car revolution that doesn't actually exist

Ecofiscal Commission EV Policy Shift examines carbon pricing limits, endorsing signal boosters like subsidies, EV incentives, and coal bans, amid advisory changes and public pushback, to accelerate emissions cuts beyond market-based taxes and regulations.

 

Key Points

An updated stance recognizing carbon pricing limits and backing EV incentives, subsidies, and rules to reduce emissions.

✅ Carbon pricing plus subsidies, EV incentives

✅ Advisory shift; Jack Mintz departs

✅ Focus on emissions cuts, coal power bans

 

Something strange happened at the Ecofiscal Commission recently. Earlier this month, the carbon-tax advocacy group featured on its website as one of its advisers the renowned Canadian economist (and FP Comment columnist) Jack M. Mintz. The other day, suddenly and without fanfare, Mintz was gone from the website, and the commission’s advisory board.

Advisers come and advisers go, of course, but it turns out there was an impetus for Mintz’s departure. The Ecofiscal Commission in its latest report, dropped just before Canada Day, seemingly shifted from its position that carbon prices were so excellent at mimicking market forces that the tax could repeal and replace virtually the entire vast expensive gallimaufry of subsidies, caps, rules and regulations that are costing Canada a fortune in business and bureaucrats. As some Ecofiscal commissioners wrote just a few months ago, policies that “dictate specific technologies or methods for reducing emissions constrain private choice and increase costs” and were a bad idea.

But, in this latest report, the commission is now musing about the benefits of carbon-tax “signal boosters”: that is, EV subsidies and rules to, for instance, get people to start buying electric vehicles (EVs), as well as bans on coal-fired power. “Even well designed carbon pricing can have limitations,” rationalized the commission. Mintz said he had “misgivings” about the change of tack. He decided it best if he focus his advisory energies elsewhere.

It’s hard to blame the commission for falling like everyone else for the electric-car mania that’s sweeping the nation and the world. Electric cars offer a sexiness that dreary old carbon taxes can never hope to match — especially in light of a new Angus Reid poll last week that showed the majority of Canadians now want governments to shelve any plans for carbon taxes.

So far, because nobody’s really driving these miracle machines, said mania has been limited to breathless news reports about how the electric-vehicle revolution is about to rock our world. EVs comprise just two-tenths of a per cent of all passenger vehicles in North America, despite the media’s endless hype and efforts of green-obsessed governments to cover much of the price tag, like Ontario’s $14,000 rebate for Tesla buyers. In Europe, where virtue-signalling urban environmentalism is the coolest, they’re not feeling the vehicular electricity much more: EVs account for barely one per cent of personal vehicles in France, the U.K. and Germany. When Hong Kong cancelled Tesla rebates in April, sales fell to zero.

Going by the ballyhoo, you’d think EVs were at an inflection point and an unstoppable juggernaut. But it’s one that has yet to even get started. In his 2011 State of the Union address, then president Barack Obama predicted one million electric cars on the road by 2015. Four years later, there wasn’t even a third that many. California offered so many different subsidies for electric vehicles that low-income families could get rebates of up to US$13,500, but it still isn’t even close to reaching its target of having zero-emission vehicles make up 15 per cent of California auto sales by 2025, being stuck at three per cent since 2014. Ontario’s Liberal government last year announced to much laughter its plan to ensure that every family would have at least one zero-emission vehicle (ZEV) by 2024, and Quebec made a plan to make ZEVs worth 15.5 per cent of sales by 2020, while Ottawa’s 2035 EV mandate attracts criticism too. Let’s see how that’s going: Currently, ZEVs make up 0.16 per cent of new vehicle sales in Ontario and 0.38 per cent in Quebec.

The latest sensational but bogus EV news out last week was France’s government announcing the “end of the sale of gasoline and diesel cars by 2040,” and Volvo apparently announcing that as of 2019, all its models would be “electric.” Both announcements made international headlines. Both are baloney. France provided no actual details about this plan (will it literally become a crime to sell a gasoline car? Will hybrids, run partly on gasoline, be allowed?), but more importantly, as automotive writer Ed Wiseman pointed out in The Guardian, a lot will happen in technology and automotive use over the next 23 years that France has no way to predict, with changes in self-driving cars, public car-sharing and fuel technologies. Imagine making rules for today’s internet back in 1994.

Volvo, meanwhile, looked to be recycling and repackaging years-old news to seize on today’s infatuation with electric vehicles to burnish its now Chinese-owned brand. Since 2010, Volvo’s plan has been to focus on engines that were partly electric, with electric turbochargers, but still based on gasoline. Volvo doesn’t actually have an all-electric model, but the gasoline-swigging engine of its popular XC90 SUV is, partly, electrical. When Volvo said all its models would in two years be “electric,” it meant this kind of engine, not that it was phasing out the internal-combustion gasoline engine. But that is what it wanted reporters to think, and judging by all the massive and inaccurate coverage, it worked.

The real story being missed is just how pathetic things look right now for electric cars. Gasoline prices in the U.S. turned historically cheap in 2015 and stayed cheap, icing demand for gasless cars. Tesla, whose founder’s self-promotion had made the niche carmaker magically more valuable than powerhouses like Ford and GM, haemorrhaged US$12 billion in market value last week after tepid sales figures brought some investors back to Earth, even as the company’s new Model 3 began rolling off the line.

Not helping is that environmental claims about environmental cars are falling apart. In June, Tesla was rocked by a controversial Swedish study that found that making one of its car batteries released as much CO2 as eight years of gasoline-powered driving. And Bloomberg reported last week on a study by Chinese engineers that found that electric vehicles, because of battery manufacturing and charging by fossil-fuel-powered electricity sources, emit 50-per-cent more carbon than do internal-combustion engines. Still, the electric-vehicle hype not only continues unabated, it gets bigger and louder every day. If some car company figures out how to harness it, we’d finally have a real automotive revolution on our hands.

Kevin Libin, Financial Post

 

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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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