Recession slashed 2009 EU carbon emissions

By Reuters


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The European recession last year slashed more than 11 percent off the amount of climate-warming emissions from heavy industry, the European Union's executive said.

The EU said carbon dioxide emissions from the more than 11,000 installations regulated by its Emissions Trading Scheme fell by 11.6 percent to 1.873 billion tonnes.

Low prices also encouraged greater use of natural gas, which emits less carbon dioxide than the coal it replaced to generate electricity.

"Because of the crisis it suddenly became easier to reduce emissions," European climate commissioner Connie Hedegaard said in a statement.

"Unfortunately that also means that European business did not invest nearly as much as planned in innovation, which could harm our future ability to compete on promising markets," she added.

Discounting incomplete data from Cyprus and Liechtenstein put the 2009 drop at around 11.4 percent.

The scheme, worth an estimated $100 billion last year, caps the carbon emissions from plants and factories across 27 states, and doles out carbon permits which participants can trade.

EU carbon permit futures held steady after the news, trading at 15.35 euros a tonne US$20.60, up 25 cents or 1.7 percent.

This marked the second year in which the ETS contributed to falling emissions, and followed the three difficult years of its infancy during which too many permits to emit carbon were handed out and the scheme failed to have any impact.

Just under 82 million Kyoto Protocol carbon offsets were surrendered by EU installations last year, representing 4.3 percent of the total carbon permits turned, the EU said.

Offsets present a cheaper way for participants to meet their CO2 targets when investment in abatement proves more expensive.

Certified Emissions Reductions CERs, originated from clean energy projects in developing nations, accounted for 4.1 percent while Emissions Reduction Units ERUs, which come mainly from projects in eastern European countries, made up 0.2 percent.

Chinese CERs made up the biggest share, accounting for 52 percent of all CERs turned in. A further 21 percent came from India, 14 percent from South Korea and 9 percent from Brazil.

The remaining 4 percent originated from another 19 nations.

The Commission said the combined CER and ERU surrenders used since 2008 are only roughly 12 percent of participants' 1.4 billion tonne quota. Benchmark CER futures traded up 9 cents or 0.7 percent to 12.89 euros a tonne by 1020 GMT.

The final EU data came a week after two U.S. Senators introduced climate legislation that would kick-start an emissions trading scheme in the world's biggest economy and second largest polluter.

Democratic Senator John Kerry and independent Senator Joe Lieberman unveiled their American Power Act bill, which was quickly backed by President Barack Obama and aims to cut U.S. carbon emissions by 17 percent below 2005 levels by 2020.

The bill faces looming deadlines, with midterm elections set for November, and fierce opposition from Republicans and even some Democrats.

Governments from around the world will be watching the U.S. closely, as the fate of a new international pact to combat global warming hangs largely on Washington's actions.

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Electricity Market Headed for a Reshuffle as Province Vows Overhaul

Alberta Electricity Market Overhaul will add renewables like wind and solar, curb price volatility tied to natural gas, boost competition, and reward energy efficiency, while safeguarding grid reliability and investor confidence through a transition roadmap.

 

Key Points

Alberta's 2027 market redesign adds renewables, boosts competition, and cuts volatility to protect reliability.

✅ Integrates wind and solar to meet climate and affordability goals.

✅ Increases competition and efficiency; reduces price volatility.

✅ Plans transition measures to maintain reliability and investment.

 

Alberta's electricity market is on the precipice of a significant transformation. The province, long reliant on fossil fuels for power generation, has committed to a market overhaul by 2027. This ambitious plan promises to shake up the current system, but industry players are wary of a lengthy period of uncertainty that could stifle much-needed investment in the sector.

The impetus for change stems from a confluence of factors. Soaring energy bills for consumers, reflecting rising electricity prices across the province, coupled with concerns about Alberta's environmental footprint, have pressured the government to seek a more sustainable and cost-effective electricity system. The current market, heavily influenced by natural gas prices, has been criticized for volatility and a lack of incentive for renewable energy development.

The details of the new electricity market design are still being formulated. However, the government has outlined some key objectives. One priority is to incorporate more renewable energy sources like wind and solar power into the grid. This aligns with Alberta's climate change goals and could lead to cleaner electricity generation, supporting the province's path to clean electricity in the coming years.

Another objective is to introduce more competition within the market. The current system is dominated by a few large players, and the government hopes increased competition will drive down prices for consumers, as the market needs more competition to function efficiently.

While the potential benefits of the overhaul are undeniable, industry leaders are apprehensive about the transition period, with a Calgary retailer urging the government to scrap the overhaul amid uncertainty. The lack of clarity surrounding the new market design creates uncertainty for power companies. This could discourage investment in new generation facilities, both renewable and traditional, potentially leading to supply shortages in the future.

John Kousinioris, CEO of TransAlta, a major Alberta power generator, expressed these concerns. "We need a clear roadmap for the future," he stated. "Uncertainty makes it difficult to justify significant investments in new power plants, which are essential to ensure a reliable electricity supply for Albertans."

The government acknowledges the need to minimize disruption during the transition. They have promised to engage in consultations with industry stakeholders throughout the redesign process, as the province changes how it produces and pays for electricity to support long-term stability. Additionally, measures may be implemented to ensure a smooth transition and provide some level of certainty for investors.

The success of Alberta's electricity market overhaul will depend on several factors. Striking a balance between environmental sustainability, affordability, and energy security will be crucial. The government must design a system that incentivizes investment in new, cleaner power generation while maintaining reliable electricity supply at a reasonable cost for consumers.

The role of natural gas, a dominant player in Alberta's current electricity mix, is another point of contention. While the government aims to incorporate more renewables, natural gas is likely to remain a part of the equation for some time. Determining the appropriate role for natural gas in the future market will be a critical decision.

The upcoming years will be a period of significant change for Alberta's electricity market. The province's commitment to a cleaner and more competitive system holds promise, but navigating the transition effectively will be a complex challenge. Open communication, collaboration between stakeholders, and a well-defined roadmap for the future will be essential for ensuring a successful electricity market overhaul and a brighter energy future for Alberta.

 

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BC residents split on going nuclear for electricity generation: survey

BC Energy Debate: Nuclear Power and LNG divides British Columbia, as a new survey weighs zero-emission clean energy, hydroelectric capacity, the Site C dam, EV mandates, energy security, rising costs, and blackout risks.

 

Key Points

A BC-wide debate on power choices balancing nuclear, LNG, hydro, costs, climate goals, EVs, and grid reliability.

✅ Survey: 43% support nuclear, 40% oppose in BC

✅ 55% back LNG expansion, led by Southern BC

✅ Hydro at 90%; Site C adds 1,100 MW by 2025

 

There is a long-term need to produce more electricity to meet population and economic growth needs and, in particular, create new clean energy sources, with two new BC generating stations recently commissioned contributing to capacity.

Increasingly, in the worldwide discourse on climate change, nuclear power plants are being touted as a zero-emission clean energy source, with Ontario exploring large-scale nuclear to expand capacity, and a key solution towards meeting reduced emissions goals. New technological advancements could make nuclear power far safer than existing plant designs.

When queried on whether British Columbia should support nuclear power for electricity generation, respondents in a new province-wide survey by Research Co. were split, with 43% in favour and 40% against.

Levels of support reached 46% in Metro Vancouver, 41% in the Fraser Valley, 44% in Southern BC, 39% in Northern BC, and 36% on Vancouver Island.

The closest nuclear power plant to BC is the Columbia Generating Station, located in southern Washington State.

The safe use of nuclear power came to the forefront following the 2011 Fukushima nuclear disaster when the most powerful earthquake ever recorded in Japan triggered a large tsunami that damaged the plant’s emergency generators. Japan subsequently shut off many of its nuclear power plants and increased its reliance on fossil fuel imports, but in recent years there has been a policy reversal to restart shuttered nuclear plants to provide the nation with improved energy security.

Over the past decade, Germany has also been undergoing a transition away from nuclear power. But in an effort to replace Russian natural gas, Germany is now using more coal for power generation than ever before in decades, while Ontario’s electricity outlook suggests a shift to a dirtier mix, and it is looking to expand its use of liquefied natural gas (LNG).

Last summer, German chancellor Olaf Scholz told the CBC he wants Canada to increase its shipments of LNG gas to Europe. LNG, which is greener compared to coal and oil, is generally seen as a transitionary fuel source for parts of the world that currently depend on heavy polluting fuels for power generation.

When the Research Co. survey asked BC residents whether they support the further development of the province’s LNG industry, including LNG electricity demand that BC Hydro says justifies Site C, 55% of respondents were supportive, while 29% were opposed and 17% undecided.

Support for the expansion of the LNG is highest in Southern BC (67%), followed by the Fraser Valley (56%), Metro Vancouver (also 56%), Northern BC (55%), and Vancouver Island (41%).

A larger proportion of BC residents are against any idea of the provincial government moving to ban the use of natural gas for stoves and heating in new buildings, with 45% opposed and 39% in support.

Significant majorities of BC residents are concerned that energy costs could become too expensive, and a report on coal phase-outs underscores potential cost and effectiveness concerns, with 84% expressing concern for residents and 66% for businesses. As well, 70% are concerned that energy shortages could lead to measures such as rationing and rolling blackouts.

Currently, about 90% of BC’s electricity is produced by hydroelectric dams, but this fluctuates throughout the year — at times, BC imports coal- and gas-generated power from the United States when hydro output is low.

According to BC Hydro’s five-year electrification plan released in September 2021, it is estimated BC has a sufficient supply of clean electricity only by 2030, including the capacity of the Site C dam, which is slated to open in 2025. The $16 billion dam will have an output capacity of 1,100 megawatts or enough power for the equivalent of 450,000 homes.

The provincial government’s strategy for pushing vehicles towards becoming dependent on the electrical grid also necessitates a reliable supply of power, prompting BC Hydro’s first call for power in 15 years to prepare for electrification. Most BC residents support the provincial government’s requirement for all new car and passenger truck sales to be zero-emission by 2035, with 75% supporting the goal and 21% opposed.
 

 

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Nova Scotia Premier calls on regulators to reject 14% electricity rate hike agreement

Nova Scotia Power Rate Increase Settlement faces UARB scrutiny as regulators weigh electricity rates, fuel costs, storm rider provisions, Bill 212 limits, and Muskrat Falls impacts on ratepayers and affordability for residential and industrial customers.

 

Key Points

A deal proposing 13.8% electricity hikes for 2023-2024, before the UARB, covering fuel costs, a storm rider, and Bill 212.

✅ UARB review may set different rates than the settlement

✅ Fuel cost prepayment and hedging incentives questioned

✅ Storm rider shifts climate risk onto ratepayers

 

Nova Scotia Premier Tim Houston is calling on provincial regulators to reject a settlement agreement between Nova Scotia Power and customer groups that would see electricity rates rise by nearly 14% electricity rate hike over the next two years.

"It is our shared responsibility to protect ratepayers and I can't state strongly enough how concerned I am that the agreement before you does not do that," Houston wrote in a letter to the Nova Scotia Utility and Review Board late Monday.

Houston urged the three-member panel to "set the agreement aside and reach its own conclusion on the aforementioned application."

"I do not believe, based on what I know, that the proposed agreement is in the best interest of ratepayers," he said.

The letter does not spell out what his Progressive Conservative government would do if the board accepts the settlement reached last week between Nova Scotia Power and lawyers representing residential, small business and large industrial customer classes.

Other groups also endorsed the deal, although Nova Scotia Power's biggest customer — Port Hawkesbury Paper — did not sign on.

'We're protecting the ratepayers'
Natural Resources Minister Tory Rushton said the province was not part of the negotiations leading up to the settlement.

"As a government or department we had no intel on those conversations that were taking place," he said Tuesday. "So, we saw the information the same as the public did late last week, and right now we're protecting the ratepayers of Nova Scotia, even though the province cannot order Nova Scotia Power to lower rates under current law. We want to make sure that that voice is still heard at the UARB level."

Rushton said he didn't want to presuppose what the UARB will say.

"But I think the premier's been very loud and clear and I believe I have been, too. The ratepayers are at the top of our mind. We have different tools at our [disposal] and we'll certainly do what we can and need to [do] to protect those ratepayers."


The settlement agreement
If approved by regulators, rates would rise by 6.9 per cent in 2023 and 6.9 per cent in 2024 — almost the same amount on the table when hearings before the review board ended in September.

The Houston government later intervened with legislation, known as Bill 212, that capped rates to cover non-fuel costs by 1.8 per cent. It did not cap rates to cover fuel costs or energy efficiency programs.

In a statement announcing the agreement, Nova Scotia Power president Peter Gregg claimed the settlement adhered "to the direction provided by the provincial government through Bill 212."

Consumer advocate Bill Mahody, representing residential customers, told CBC News the proposed 13.8 per cent increase was "a reasonable rate increase given the revenue requirement that was testified to at the hearing."

Settlement 'remarkably' similar to NSP application
The premier disagrees, noting that the settlement and rate application that triggered the rate cap are "remarkably consistent."

He objects to the increased amount of fuel costs rolled into rates next year before the annual true up of actual fuel costs, which are automatically passed on to ratepayers.

"If Nova Scotia Power is effectively paid in advance, what motive do they have to hedge and mitigate the adjustment eventually required," Houston asked in his letter.

He also objected to the inclusion of a storm rider in rates to cover extreme weather, which he said pushed the risk of climate change on to ratepayers.

Premier second-guesses Muskrat Falls approval
Houston also second-guessed the board for approving Nova Scotia Power's participation in the Muskrat Falls hydro project in Labrador.

"The fact that Nova Scotians have paid over $500 million for this project with minimal benefit, and no one has been held accountable, is wrong," he said. "It was this board of the day that approved the contracts and entered the final project into rates."

Ratepayers are committed to paying $1.7 billion for the Maritime Link to bring the green source of electricity into the province, while rate mitigation talks in Newfoundland lack public details for their customers.

Although the Maritime Link was built on time and on budget by an affiliated company, only a fraction of Muskrat Falls hydro has been delivered because of ongoing problems in Newfoundland, including an 18% electricity rate hike deemed unacceptable by the province's consumer advocate.

"I find it remarkable that those contracts did not include different risk sharing mechanisms; they should have had provisions for issues in oversight of project management. Nevertheless, it was approved, and is causing significant harm to ratepayers in the form of increased rates."

Houston notes that because of non-delivery from Muskrat Falls, Nova Scotia Power has been forced to buy much more expensive coal to burn to generate electricity.


Opposition reaction
Opposition parties in Nova Scotia reacted to Houston's letter.

NDP Leader Claudia Chender dismissed it as bluster.

"It exposes his Bill 212 as not really helping Nova Scotians in the way that he said it would," she said. "Nothing in the settlement agreement contravenes that bill. But it seems that he's upset that he's been found out. And so here we are with another intervention in an independent regulatory body."

Liberal Leader Zach Churchill said the government should intervene to help ratepayers directly.

"We just think that it makes more sense to do that directly by supporting ratepayers through heating assistance, lump-sum electricity credits, rebate programs and expanding the eligibility for that or to provide funding directly to ratepayers instead of intervening in the energy market in this way," he said.

The premier's office said that no one was available when asked about an interview on Tuesday.

"The letter speaks for itself," the office responded.

Nova Scotia Power issued a statement Tuesday. It did not directly address Houston's claims.

"The settlement agreement is now with the NS Utility and Review Board," the utility said.

"The UARB process is designed to ensure customers are represented with strong advocates and independent oversight. The UARB will determine whether the settlement results in just and reasonable rates and is in the public interest."

 

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Electricity alert ends after Alberta forced to rely on reserves to run grid

Alberta Power Grid Level 2 Alert signals AESO reserve power usage, load management, supply shortage from generator outages, low wind, and limited imports, urging peak demand conservation to avoid blackouts and preserve grid reliability.

 

Key Points

An AESO status where reserves power the grid and load management is used during supply constraints to prevent blackouts.

✅ Triggered by outages, low wind, and reduced import capacity

✅ Peak hours 4 to 7 pm saw conservation requests

✅ Several hundred MW margin from Level 3 load shedding

 

Alberta's energy grid ran on reserves Wednesday, after multiple factors led to a supply shortage, a scenario explored in U.S. grid COVID response discussions as operators plan for contingencies.

At 3:52 p.m. Wednesday, the Alberta Electric System Operator issued a Level 2 alert, meaning that reserves were being used to supply energy requirements and that load management procedures had been implemented, while operators elsewhere adopted Ontario power staffing lockdown measures during COVID-19 for continuity. The alert ended at 6:06 p.m.

"This is due to unplanned generator outages, low wind and a reduction of import capability," the agency said in a post to social media. "Supply is tight but still meeting demand."

AESO spokesperson Mike Deising said the intertie with Saskatchewan had tripped off, and an issue on the British Columbia side of the border, as seen during BC Hydro storm response events, meant the province couldn't import power. 

"There are no blackouts … this just means we're using our reserve power, and that's a standard procedure we'll deploy," he said. 

AESO had asked that people reduce their energy consumption between 4 and 7 p.m., similar to Cal ISO conservation calls during grid strain, which is typically when peak use occurs. 

Deising said the system was several hundred MWs away from needing to move to an alert Level 3, with utilities such as FortisAlberta precautions in place to support continuity, which is when power is cut off to some customers in order to keep the system operating. Deising said Level 2 alerts are fairly rare and occur every few years. The last Level 3 alert was in 2013. 

According to the supply and demand report on AESO's website, the load on the grid at 5 p.m. was 10,643 MW.

That's down significantly from last week, when a heat wave pushed demand to record highs on the grid, with loads in the 11,700 MW range, contrasting with Ontario demand drop during COVID when many stayed home. 

A heat warning was issued Wednesday for Edmonton and surrounding areas shortly before 4 p.m., with temperatures above 29 C expected over the next three days, with many households seeing residential electricity use up during such periods. 

 

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More pylons needed to ensure 'lights stay on' in Scotland, says renewables body

Scottish Renewable Grid Upgrades address outdated infrastructure, expanding transmission lines, pylons, and substations to move clean energy, meet rising electricity demand, and integrate onshore wind, offshore wind, and battery storage across Scotland.

 

Key Points

Planned transmission upgrades in Scotland to move clean power via new lines and substations for a low-carbon grid.

✅ Fivefold expansion of transmission lines by 2030

✅ Enables onshore and offshore wind integration

✅ New pylons, substations, and routes face local opposition

 

Renewable energy in Scotland is being held back by outdated grid infrastructure, industry leaders said, with projects stuck on hold underscoring their warning that new pylons and power lines are needed to "ensure our lights stay on".

Scottish Renewables said new infrastructure is required to transmit the electricity generated by green power sources and help develop "a clean energy future" informed by a broader green recovery agenda.

A new report from the organisation - which represents companies working across the renewables sector - makes the case for electricity infrastructure to be updated, aligning with global network priorities identified elsewhere.

But it comes as electricity firms looking to build new lines or pylons face protests, with groups such as the Strathpeffer and Contin Better Cable Route challenging power giant SSEN over the route chosen for a network of pylons that will run for about 100 miles from Spittal in Caithness to Beauly, near Inverness.

Scottish Renewables said it is "time to be upfront and honest" about the need for updated infrastructure.

It said previous work by the UK National Grid estimated "five times more transmission lines need to be built by 2030 than have been built in the past 30 years, at a cost of more than £50bn".

The Scottish Renewables report said: "Scotland is the UK's renewable energy powerhouse. Our winds, tides, rainfall and longer daylight hours already provide tens of thousands of jobs and billions of pounds of economic activity.

"But we're being held back from doing more by an electricity grid designed for fossil fuels almost a century ago, a challenge also seen in the Pacific Northwest today."

Investment in the UK transmission network has "remained flat, and even decreased since 2017", echoing stalled grid spending trends elsewhere, the report said.

It added: "We must build more power lines, pylons and substations to carry that cheap power to the people who need it - including to people in Scotland.

"Electricity demand is set to increase by 50% in the next decade and double by mid-century, so it's therefore wrong to say that Scottish households don't need more power lines, pylons and substations.

Renewable energy in Scotland is being held back by outdated grid infrastructure, industry leaders said, as they warned new pylons and power lines are needed to "ensure our lights stay on".

Scottish Renewables said new infrastructure is required to transmit the electricity generated by green power sources and help develop "a clean energy future".

A new report from the organisation - which represents companies working across the renewables sector - makes the case for electricity infrastructure to be updated.

But it comes as electricity firms looking to build new lines or pylons face protests, with groups such as the Strathpeffer and Contin Better Cable Route challenging power giant SSEN over the route chosen for a network of pylons that will run for about 100 miles from Spittal in Caithness to Beauly, near Inverness.

Scottish Renewables said it is "time to be upfront and honest" about the need for updated infrastructure.

It said previous work by the UK National Grid estimated "five times more transmission lines need to be built by 2030 than have been built in the past 30 years, at a cost of more than £50bn".

The Scottish Renewables report said: "Scotland is the UK's renewable energy powerhouse. Our winds, tides, rainfall and longer daylight hours already provide tens of thousands of jobs and billions of pounds of economic activity.

"But we're being held back from doing more by an electricity grid designed for fossil fuels almost a century ago."

Investment in the UK transmission network has "remained flat, and even decreased since 2017", the report said.

It added: "We must build more power lines, pylons and substations to carry that cheap power to the people who need it - including to people in Scotland.

"Electricity demand is set to increase by 50% in the next decade and double by mid-century, so it's therefore wrong to say that Scottish households don't need more power lines, pylons and substations.

"We need them to ensure our lights stay on, as excess solar can strain networks in the same way consumers elsewhere in the UK need them.

"With abundant natural resources, Scotland's home-grown renewables can be at the heart of delivering the clean energy needed to end our reliance on imported, expensive fossil fuel.

"To do this, we need a national electricity grid capable of transmitting more electricity where and when it is needed, echoing New Zealand's electricity debate as well."

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Nick Sharpe, director of communications and strategy at Scottish Renewables, said the current electricity network is "not fit for purpose".

He added: "Groups and individuals who object to the construction of power lines, pylons and substations largely do so because they do not like the way they look.

"By the end of this year, there will be just over 70 months left to achieve our targets of 11 gigawatts (GW) offshore and 12 GW onshore wind.

"To ensure we maximise the enormous socioeconomic benefits this will bring to local communities, we will need a grid fit for the 21st century."

 

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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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