National ban on new plants without controls proposed

By Environmental News Service


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Two powerful House Democrats introduced legislation that would require new coal-fired electric generating plants to use state-of-the-art control technology to capture and sequester emissions of carbon dioxide, CO2, the primary greenhouse gas responsible for climate change.

Congressman Henry Waxman of California, who chairs the House Government Oversight Committee and Congressman Edward Markey of Massachusetts, who chairs the House Select Committee on Energy Independence and Global Warming, introduced the bill known as the Moratorium on Uncontrolled Power Plants Act of 2008.

The lawmakers said in a joint statement that "comprehensive economy-wide regulation to address global warming" will soon be introduced, but new coal-fired power plants are being built today, without controls on CO2 emissions.

The moratorium proposed in the bill would extend until a comprehensive federal regulatory program for global warming pollution is in place.

"The alternative is senseless," said Waxman, "locking in decades of additional global warming emissions and requiring greater emissions reductions across the U.S. economy to compensate."

"If we lose control of coal, we will have lost control of the climate," said Markey. "This bill will make companies prepare for the future and prevent them from building low-tech coal-fired power plants before a global warming bill is passed that will necessitate the use of the newest, most climate-friendly technology."

Without emissions controls, a new coal-fired power plant will emit hundreds of millions of tons of global warming pollution over its 50-year lifetime, the lawmakers said. Over 100 new plants have been proposed, and even if just a portion of these are built, they will emit over a 100 million tons of carbon dioxide a year.

One of these plants alone could offset the reductions that will be achieved through the Northeastern states' Regional Greenhouse Gas Initiative, said the legislators, referring to a cooperative effort by nine Northeast and Mid-Atlantic states to design a regional cap-and-trade program covering carbon dioxide emissions from power plants in the region. Groups of states in other regions are engaged in similar initiatives.

The bill places a moratorium on either the U.S. Environmental Protection Agency or states issuing permits to new coal-fired power plants without state-of-the-art control technology to capture and permanently sequester the plant's carbon dioxide emissions.

The bill also bars a new coal-fired power plant without state-of-the-art control technology from receiving any free or reduced cost emissions allowances under a future federal program to address global warming.

"It's important for ratepayers and regulators to understand the financial risks if their power company wants to build a new uncontrolled coal-fired power plant," said Waxman. "Those plants will be a lot more expensive to operate when global warming pollution is regulated. Ratepayers need to make sure they won't be stuck with the bill."

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Gaza electricity crisis:

Gaza Electricity Crisis drives severe power cuts in the Gaza Strip, as Hamas-PA tensions and Mahmoud Abbas's supply reductions under blockade spur fuel shortages, hospital strain, and soaring demand for batteries, LED lights, and generators.

 

Key Points

A prolonged Gaza power shortage from politics, blockade, and fuel cuts, disrupting daily life, hospitals, and water.

✅ Demand surges for batteries, LED lights, and generators

✅ PA cuts to Israel-supplied power deepen shortages

✅ Hospitals, water, and sanitation face critical strain

 

In Imad Shlayl’s electronics shop in Gaza City, the customers crowding his store are interested in only two products: LED lights and the batteries to power them.

In the already impoverished Gaza Strip, residents have learned to adapt to the fact that electricity is only available for between two and four hours a day.

But fresh anger was sparked when availability was cut further last month, at the request of the Palestinian president, Mahmoud Abbas, in an escalation of his conflict with Hamas, the Islamist group.

The shortages have defined how people live their lives, echoing Europe’s energy crisis in other regions: getting up in the middle of the night, if there is power, to run washing machines or turn on water pumps.

Only the wealthy few have frequent, long-lasting access to electricity, even as U.S. brownout risks highlight grid fragility, to power lights and fans and fridges, televisions and wifi routers, in Gaza’s stifling summer heat.

“We used to sell all sorts of things,” says Shlayl. “But it’s different these days. All we sell is batteries and chargers. Because the crisis is so deep we are selling 100 batteries a day when normally we would sell 20.”

Gaza requires 430 megawatts of power to meet daily demand, but receives only half that. Sixty megawatts are supplied by its solitary power station, now short on fuel, while the rest is provided through the Israel’s power sector and funded by Abbas’s West Bank-based Palestinian Authority (PA).

Abbas’s move to cut supplies to Gaza, which is already under a joint Israeli and Egyptian blockade – now in its 11th year – has quickly made him a hate figure among many Gazans, who question why he is punishing 2 million fellow Palestinians in what appears to be an attempt to force Hamas to relinquish control of the territory.

Though business is good for Shlayl, he is angry at the fresh shortages faced by Gazans which, as pandemic power shut-offs elsewhere have shown, affect all areas of life, from hospital emergency wards to clean water supplies.

“I’ve not done anything to be punished by anyone. It is the worst I can remember but we are expecting it to get worse and worse,” he said. “Not just electricity, but other things as well. We are in a very deep descent.”

As well as cutting electricity, the PA has cut salaries for its employees in Gaza by upwards of 30% , prompting thousands to protest on the streets of Gaza city.

Residents also blame Abbas for a backlog in processing the medical referral process for those needing to travel out of Gaza for treatment, although who is at fault in that issue is less clear cut.

The problems facing Gaza – where high levels of unemployment are endemic – is most obvious in the poorest areas.

In Gaza City’s al-Shati refugee camp, home to the head of Hamas’s political bureau, Ismail Haniyeh, whole housing blocks were dark, while in others only a handful of windows were weakly illuminated.

In the one-room kiosk selling pigeons and chickens that he manages, just off the camp’s main market, Ayman Nasser, 32, is sitting on the street with his friends in search of a sea breeze.

His face is illuminated by the light of his mobile phone. He has one battery-powered light burning in his shop.

“Part of the problem is that we don’t have any news. Who should we blame for this? Hamas, Israelis, Abbas?” he said.

 A Palestinian girl reads by candle light due to power cut at the Jabalia Camp in Gaza City
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 A Palestinian girl reads by candlelight due to a power cut at the Jabalia camp in Gaza City. Photograph: Anadolu Agency/Getty Images
His friend, Ashraf Kashqin, interrupts: “It is all connected to politics, but it is us who is getting played by the two sides.”

If there is a question that all the Palestinians in Gaza are asking, it is what the ageing and remote Abbas hopes to achieve, a dynamic also seen in Lebanon’s electricity disputes, not least whether he hopes the cuts will lead to an insurrection against Hamas following demonstrations linked to the power supply in January.

While a senior official in the Fatah-led government on the West Bank said last month that the aim behind the move by the PA – which has been paying $12m (£9m) a month for the electricity Israel supplies to Gaza – was to “dry up Hamas’s financial resources”, others are dubious about the timing, the motive and the real impact.

Among them are human rights groups, such as Amnesty International, who have warned it could turn Gaza’s long-running crisis into a major disaster already hitting hospitals and waste treatment plants.

“For 10 years the siege has unlawfully deprived Palestinians in Gaza of their most basic rights and necessities. Under the burden of the illegal blockade and three armed conflicts, the economy has sharply declined and humanitarian conditions have deteriorated severely. The latest power cuts risk turning an already dire situation into a full-blown humanitarian catastrophe,” said Magdalena Mughrabi, of the group.

Then there is the question of timing. “Abbas is probably the only one who knows why he is doing this to Gaza,” adds Mohameir Abu Sa’da, a political science professor at Al Azhar University and analyst.

“I honestly don’t buy what he has been saying for the last three months: that he will take exceptional measures against Hamas to put pressure on it to give up control of the Gaza Strip.

 

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France's nuclear power stations to limit energy output due to high river temperatures

France Nuclear Heatwave Output Restrictions signal reduced reactor capacity along the Rhone River, as EDF curbs output to meet cooling-water rules, balance the grid, integrate solar peaks, and limit impacts on power prices.

 

Key Points

EDF limits reactor output during heat to protect rivers and keep the grid stable under cooling-water rules.

✅ Cuts likely at midday/weekends when solar peaks

✅ Bugey, Saint Alban maintain minimum grid output

✅ France net exporter; price impact expected small

 

The high temperature warning has come early this year but will affect fewer nuclear power plants, amid a broader France-Germany nuclear dispute over atomic power policy that shapes regional energy flows.

High temperatures could halve nuclear power production at plants along France's Rhone River this week, as European power hits records during extreme heat. 

Output restrictions are expected at two nuclear plants in eastern France due to high temperature forecasts, nuclear operator EDF said, which may limit energy output during heatwaves. It comes several days ahead of a similar warning that was made last year but will affect fewer plants.

The hot weather is likely to halve the available power supply from the 3.6 GW Bugey plant from 13 July and the 2.6 GW Saint Alban plant from 16 July, the operator said.

However, production will be at least 1.8 GW at Bugey and 1.3 GW at Saint Alban to meet grid requirements, and may change according to grid needs, the operator said.

Kpler analyst Emeric de Vigan said the restrictions were likely to have little effect on output in practice. Cuts are likely only at the weekend or midday when solar output was at its peak so the impact on power prices would be slim.

During recent lockdowns, power demand held firm in Europe, offering context for current price dynamics.

He said the situation would need monitoring in the coming weeks, however, noting it was unusually early in the summer for such restrictions to be imposed.

Water temperatures at the Bugey plant already eclipsed the initial threshold for restrictions on 9 July, underscoring France's outage risks under heat-driven constraints. They are currently forecast to peak next week and then drop again, Refinitiv data showed.

"France is currently net exporting large amounts of power – single nuclear units' supply restrictions will not have the same effect as last year," Refinitiv analyst Nathalie Gerl said.

The Garonne River in southern France has the highest potential for critical levels of warming, but its Golfech plant is currently offline for maintenance until mid-August, the data showed, highlighting how Europe is losing nuclear power during critical periods.

"(The restrictions were) to be expected and it will probably occur more often," Greenpeace campaigner Roger Spautz said.

"The authorities must stick to existing regulations for water discharges. Otherwise, the ecosystems will be even more affected," he added.

 

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LOC Renewables Delivers First MWS Services To China's Offshore Wind Market

Pinghai Bay Offshore Wind Farm MWS advances marine warranty survey best practices, risk management, and international standards in Fujian, with Haixia Goldenbridge Insurance and reinsurer-aligned audits supporting safer offshore wind construction and logistics.

 

Key Points

An MWS program ensuring Pinghai Bay Phase 2 meets standards via audits, risk controls, and vetted procedures.

✅ First MWS delivered in China's offshore wind market

✅ Audits, risk consultancy, and reinsurer-aligned standards

✅ Supports 250MW Phase 2 at Pinghai Bay, Fujian

 

LOC Renewables has announced it is to carry out marine warranty survey (MWS) services for the second phase of the Pinghai Bay Offshore Wind Farm near Putian, Fujian province, China, on behalf of Haixia Goldenbridge Insurance Co., Ltd. The agreement represents the first time MWS services have been delivered to the Chinese offshore wind market.

China’s installed offshore capacity jumped more than 60% in 2017, and its growing offshore market is aiming for a total grid-connected capacity of 5GW by 2020, as the sector globally advances toward a $1 trillion industry over the coming decades. Much of this future offshore development is slated to take place in Jiangsu, Zhejiang, Guangdong and Fujian provinces. As developers becoming increasingly aware of the need for stringent risk management and value that internationally accepted standards can bring to projects, Pinghai Bay will be the first Chinese offshore wind farm to employ MWS to ensure it meets the highest technical standards and minimise project risk. The agreement will see LOC Renewables carry out audit and risk consultancy services for the project from March until the end of 2018.

#google#

In recent years, as Chinese offshore wind projects have grown in scale and complexity the need for international expertise in the market has increased, with World Bank support for emerging markets underscoring global momentum. In response, domestic insurers are partnering with international reinsurers to manage and mitigate the associated larger risks. Applying the higher standards required by international reinsurers, LOC Renewables will draw on its extensive experience in European, US and Asian offshore wind markets to provide MWS services on the Pinghai project from its Tianjin office.

“As offshore wind technology continues to proliferate across Asia, driven by declining global costs, successful knowledge transfer based on best practices and lessons learned in the established offshore wind markets becomes ever more important,” said Ke Wan, Managing Director, LOC China.

“With a wealth of experience in Europe and the US, where UK offshore wind growth has accelerated, we’re increasingly working on projects across Asia, and are delighted to now be providing the first MWS services to China’s offshore wind market – services that bring real value in lower risk and will enable the project to achieve its full potential.”

“At 250MW, phase two of the Pinghai Bay Wind Farm represents a significant expansion on phase one, and we wanted to ensure that it met the highest technical and risk mitigation standards, informed by regional learnings such as Korean installation vessels analyses,” said Fan Ming, Business Director at Haixia Goldenbridge Insurance.

“In addition to their global experience, LOC Renewables’ familiarity with and presence in the local market was very important to us, and we’re looking forward to working closely with them to help bring this project to fruition and make a significant contribution to China’s expanding offshore wind market.”

 

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B.C. government freezes provincial electricity rates

BC Hydro Rate Freeze delivers immediate relief on electricity rates in British Columbia, reversing a planned 3% hike, as BCUC oversight, a utility review, and Site C project debates shape provincial energy policy.

 

Key Points

A one-year provincial policy halting BC Hydro electricity rate hikes while a utility review finds cost savings.

✅ Freeze replaces planned 3% hike approved by BCUC.

✅ Government to conduct comprehensive BC Hydro review.

✅ Critics warn $150M revenue loss impacts capital projects.

 

British Columbia's NDP government has announced it will freeze BC Hydro rates effective immediately, fulfilling a key election promise.

Energy, Mines and Petroleum Resources Minister Michelle Mungall says hydro rates have gone up by more than 24 per cent in the last four years and by more than 70 per cent since 2001, reflecting proposals such as a 3.75% increase over two years announced previously.

"After years of escalating electricity costs, British Columbians deserve a break on their bills," Mungall said in a news release.

BC Hydro had been approved by the B.C. Utilities Commission to increase the rate by three per cent next year, but Mungall said it will pull back its request in order to comply with the freeze.

In the meantime, the government says it will undertake a comprehensive review of the utility meant to identify cost-savings measures for customers often asked to pay an extra $2 a month on electricity bills.

The Liberal critic, Tracy Redies, says the one year rate freeze is going to cost BC Hydro, calling it a distraction from the bigger issue of the future of the Site C project and the oversight of a BC Hydro fund surplus as well.

"A one year rate freeze costs Hydro $150 million," Redies said. "That means there's $150 million less to invest in capital projects and other investments that the utility needs to make."

"This is putting off decisions that should be made today to the future."

Recommendations from the review — including possible new rates — will be implemented starting in April 2019.

 

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Soaring Electricity And Coal Use Are Proving Once Again, Roger Pielke Jr's "Iron Law Of Climate"

Global Electricity Demand Surge underscores rising coal generation, lagging renewables deployment, and escalating emissions, as nations prioritize reliable power; nuclear energy and grid decarbonization emerge as pivotal solutions to the electricity transition.

 

Key Points

A rapid post-lockdown rise in power consumption, outpacing renewables growth and driving higher coal use and emissions.

✅ Coal generation rises faster than wind and solar additions

✅ Emissions increase as economies prioritize reliable baseload power

✅ Nuclear power touted for rapid grid decarbonization

 

By Robert Bryce

As the Covid lockdowns are easing, the global economy is recovering and that recovery is fueling blistering growth in electricity use. The latest data from Ember, the London-based “climate and energy think tank focused on accelerating the global electricity transition,” show that global power demand soared by about 5% in the first half of 2021. That’s faster growth than was happening back in 2018 when electricity use was increasing by about 4% per year.

The numbers from Ember also show that despite lots of talk about the urgent need to reduce greenhouse gas emissions, coal demand for power generation continues to grow and emissions from the electric sector continue to grow: up by 5% over the first half of 2019. In addition, they show that while about half of the growth in electricity demand was met by wind and solar, as low-emissions sources are set to cover almost all new demand over the next three years, overall growth in electricity use is still outstripping the growth in renewables. 

The soaring use of electricity, and increasing emissions from power generation confirm the sage wisdom of Rasheed Wallace, the volatile former power forward with the Detroit Pistons and other NBA teams, and now an assistant coach at the  University of Memphis, who coined the catchphrase: “Ball don’t lie.” If Wallace or one of his teammates was called for a foul during a basketball game that he thought was undeserved, and the opposing player missed the ensuing free throws, Wallace would often holler, “ball don’t lie,” as if the basketball itself was pronouncing judgment on the referee’s errant call. 

I often think about Wallace’s catchphrase while looking at global energy and power trends and substitute my own phrase: numbers don’t lie.

Over the past few weeks Ember, BP, and the International Energy Agency have all published reports which come to the same two conclusions: that countries all around the world — and China's electricity sector in particular — are doing whatever they need to do to get the electricity they need to grow their economies. Second, they are using lots of coal to get that juice. 

As I discuss in my recent book, A Question of Power: Electricity and the Wealth of Nations, Electricity is the world’s most important and fastest-growing form of energy. The Ember data proves that. At a growth rate of 5%, global electricity use will double in about 14 years, and as surging electricity demand is putting power systems under strain around the world, the electricity sector also accounts for the biggest single share of global carbon dioxide emissions: about 25 percent. Thus, if we are to have any hope of cutting global emissions, the electricity sector is pivotal. Further, the soaring use of electricity shows that low-income people and countries around the world are not content to stay in the dark. They want to live high-energy lives with access to all the electronic riches that we take for granted.  

 Ember’s data clearly shows that decarbonizing the global electric grid will require finding a substitute for coal. Indeed, coal use may be plummeting in the U.S. and western Europe, where U.S. electricity consumption has been declining, but over the past two years, several developing countries including Mongolia, China, Bangladesh, Vietnam, Kazakhstan, Pakistan, and India, all boosted their use of coal. This was particularly obvious in China, where, between the first half of 2019 and the first half of 2021, electricity demand jumped by about 14%. Of that increase, coal-fired generation provided roughly twice as much new electricity as wind and solar combined. In Pakistan, electricity demand jumped by about 7%, and coal provided more than three times as much new electricity as nuclear and about three times as much as hydro. (Wind and solar did not grow at all in Pakistan over that period.) 

Hate coal all you like, but its century-long persistence in power generation proves its importance. That persistence proves that climate change concerns are not as important to most consumers and policymakers as reliable electricity. In 2010, Roger Pielke Jr. dubbed this the Iron Law of Climate Policy which says “When policies on emissions reductions collide with policies focused on economic growth, economic growth will win out every time.” Pielke elaborated on that point, saying the Iron Law is a “boundary condition on policy design that is every bit as limiting as is the second law of thermodynamics, and it holds everywhere around the world, in rich and poor countries alike. It says that even if people are willing to bear some costs to reduce emissions (and experience shows that they are), they are willing to go only so far.”

Over the past five years, I’ve written a book about electricity, co-produced a feature-length documentary film about it (Juice: How Electricity Explains the World), and launched a podcast that focuses largely on energy and power. I’m convinced that Pielke’s claim is exactly right and should be extended to electricity and dubbed the Iron Law of Electricity which says, “when forced to choose between dirty electricity and no electricity, people will choose dirty electricity every time.” I saw this at work in electricity-poor places all over the world, including India, Lebanon, and Puerto Rico. 

Pielke, a professor at the University of Colorado as well as a highly regarded author on the politics of climate change and sports governance, has since elaborated on the Iron Law. During an interview in Juice, he explained it thusly: “The Iron Law says we’re not going to reduce emissions by willingly getting poor. Rich people aren't going to want to get poorer, poor people aren't going to want to get poorer.” He continued, “If there is one thing that we can count on it is that policymakers will be rewarded by populations if they make people wealthier. We're doing everything we can to try to get richer as nations, as communities, as individuals. If we want to reduce emissions, we really have only one place to go and that's technology.”

Pielke’s point reminds me of another of my favorite energy analysts, Robert Rapier, who made a salient point in his Forbes column last week. He wrote, “Despite the blistering growth rate of renewables, it’s important to keep in mind that overall global energy consumption is growing. Even though global renewable energy consumption has increased by about 21 exajoules in the past decade, overall energy consumption has increased by 51 exajoules. Increased fossil fuel consumption made up most of this growth, with every category of fossil fuels showing increased consumption over the decade.” 

The punchline here – despite my tangential reference to Rasheed Wallace — is obvious: The claims that massive reductions in global carbon dioxide emissions must happen soon are being mocked by the numbers. Countries around the world are acting in their interest, particularly when it comes to their electricity needs and that is resulting in big increases in emissions. As Ember concludes in their report, wind and solar are growing, and some analyses suggest renewables could eclipse coal by 2025, but the “electricity transition” is “not happening fast enough.”

Ember explains that in the first half of 2021, wind and solar output exceeded the output of the world’s nuclear reactors for the first time. It also noted that over the past two years, “Nuclear generation fell by 2% compared to pre-pandemic levels, as closures at older plants across the OECD, especially amid debates over European nuclear trends, exceeded the new capacity in China.” While that may cheer anti-nuclear activists at groups like Greenpeace and Friends of the Earth, the truth is obvious: the only way – repeat, the only way – the electric sector will achieve significant reductions in carbon dioxide emissions is if we can replace lots of coal-fired generation with nuclear reactors and do so in relatively short order, meaning the next decade or so. Renewables are politically popular and they are growing, but they cannot, will not, be able to match the soaring demand for the electricity that is needed to sustain modern economies and bring developing countries out of the darkness and into modernity. 

Countries like China, Vietnam, India, and others need an alternative to coal for power generation. They need new nuclear reactors that are smaller, safer, and cheaper than the existing designs. And they need it soon. I will be writing about those reactors in future columns.

 

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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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