Generating power from throwaway food

By CanWest


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The search for alternative energy supplies has led researchers and investors to place new emphasis on the potential of a half-century-old yet largely undeveloped source of energy derived from all manner of biological waste.

It is already fuelling buses in some municipalities in Sweden, and the technology is beginning to be used in Canada. But it's expensive, and advocates acknowledge either electricity prices have to rise or taxpayers must be willing to subsidize this costly but environmentally efficient energy industry if it is to succeed.

Biogas has been around for decades. Much of the preliminary research was conducted by the South Africans, says Bruce McCallum, past president of the Canadian Bioenergy Association and current chair of its maritime subgroup based in P.E.I. In the 1970s, the University of Manitoba was at the forefront of research, he adds.

“In Europe, like all renewable energy, it's taken off," he said. "In Canada, it's kind of languished in the face of low energy prices and very limited support from government."

Unlike ethanol, which is based on corn, the biogas industry relies on organic waste such as corn husks or on livestock manure.

Manure is generally spread on fields, where it releases harmful methane into the atmosphere (and fills the air for miles around with unpleasant odours), or it is treated and released into the water system in a process similar to composting that uses energy and produces none.

"In Charlottetown, we have a very large composting site," McCallum says. "If we had done our homework, we would have gone with a biogas facility."

In the case of ethanol, food that would otherwise go to feed a starving world is instead diverted to fuel an SUV, says Cedric McLeod, a biogas consultant with McLeod Agronomics of Fredericton.

"You get three times as much net energy from biogas as you would if you used the same area of corn in the ethanol process," he explains.

"The soccer moms feel good about ethanol. But is it a good use of our energy resources? I would say no. Because you're only satisfying our need to drive. The fact that you can get three times the energy out of a biogas plant from the same amount of acres tells me we've made the wrong choice."

The "beauty of biogas," says McLeod, is that it relies on food waste, not food. Anything carbon-based can be heated anaerobically (without adding oxygen) in a biogas digester, turned into methane, then burned to turn turbines and produce electricity. Byproducts include nitrogen, phosphorus, magnesium and potassium, i.e. fertilizer. The process results in no unpleasant odours.

"Rendering is a thing of the past since BSE," adds McLeod. "Meat products could all be fed through a biogas network ... All these things give us a headache because we have to find a place to landfill them. If it all goes through biogas, you get the energy, and you also get the nutrients."

But the exploitation of biogas is hindered by its profit margin, says Eric Camirand, president and founder of Electrigaz Technologies Inc. and head of lobby group Biogaz Quebec. There isn't one, at least not at current electricity rates, and that's the crux of the problem.

"Let's say a utility has a call out for power," says Camirand. "It's going to buy the cheapest, and that's going to be wind or hydro."

Some provinces have developed programs to buy electricity from independent producers. For example, in 2006 Ontario began paying 11 cents per kilowatt hour to anyone willing to feed electricity into its power grid.

While it provides a decent return for developers of wind power, the amount doesn't cover the costs of energy production from biogas, which costs between 10 and 12 cents to develop, depending on the waste being heated.

“There's no outlet for the energy (produced by biogas)," says Camirand. "The energy we produce is more expensive. We cannot keep up with petroleum or the hydro dam."

Experts will point out that Ontario benefits from an added incentive: the Ontario government allows biogas companies to charge clients who bring in waste a tipping fee. The pork farmer or the cattle farmer who trucks in his or her manure, for example, can be charged to leave it there, just as they are for dropping it off at the dump or municipal sewage lagoons.

It's that tipping fee that just allows some Ontario biogas facilities to remain solvent, says Camirand. But it's barely enough, and so far, only Ontario can make a go of it. The solution, he says, is a graduated system for the different forms of sustainable energy. In other words, differing subsidies based on the technology.

In Germany, the government pays more for energy developed through biogas digesters than it does for energy derived from wind. The profit margins for both technologies remain the same, however.

Another solution? A rigorous carbon trading system, says Camirand.

"Penalize people who are polluting," he says. "If you're landfilling (waste), you're creating methane that ends up in the atmosphere ... However, (a carbon trading system) across the country would help measure polluters versus people trying to do the opposite. It would help these biogas projects trying to come along."

What does the future hold?

"In two years, it'll be pretty much business as usual," says Camirand. "There will be enough (digesters) built in Ontario for politicians to say 'Yes, this is a successful program,' but not much more."

However, if the price paid per kilowatt hour approaches 20 cents, watch investment in biogas take off, predicts McLeod. Until then, unless governments step in, power companies will argue biogas is too costly.

"What it will take is policy," he says. "We need governments willing to invest in communities to make their own power. Here in New Brunswick, we use a lot of Colombian coal. We use coal from Colombia to make up our shortfall from nuclear and hydro energy. We send tens of millions of dollars a year to Colombia. Is that a good use of tax dollars?"

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An NDP government would make hydro public again, end off-peak pricing, Horwath says in Sudbury

Ontario NDP Hydro Plan proposes ending time-of-use pricing, buying back Hydro One, lowering electricity rates, curbing rural delivery fees, and restoring public ownership to ease household bills amid debates with PCs and Liberals over costs.

 

Key Points

A plan to end time-of-use pricing, buy back Hydro One, and cut bills via public ownership and fair delivery fees.

✅ End time-of-use pricing; normal schedules without penalties

✅ Repurchase Hydro One; restore public ownership

✅ Cap rural delivery fees; address oversupply to cut rates

 

Ontario NDP leader Andrea Horwath says her party’s hydro plan will reduce families’ electricity bills, a theme also seen in Manitoba Hydro debates and the NDP is the only choice to get Hydro One back in public hands.

Howarth outlined the plan Saturday morning outside the home of a young family who say they struggle with their electricity bills — in particular over the extra laundry they now have after the birth of their twin boys.

An NDP government would end time-of-use pricing, which charges higher rates during peak times and lower rates after hours, “so that people aren’t punished for cooking dinner at dinner time,” Horwath said at a later campaign stop in Orillia, “so people can live normal lives and still afford their hydro bill.”

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An NDP government would end time-of-use pricing, which gives lower rates for off-peak usage, Howarth said, separate from a recent subsidized hydro plan during COVID-19. The change would mean families wouldn't be "forced to wait until night when the pricing is lower to do laundry," and wouldn't have to rearrange their lives around chores.

The pricing scheme was supposed to lower prices and help smooth out demand for electricity, especially during peak times, but has failed, she said.

In order to lower hydro bills, Horwath said an NDP government would buy back shares of Hydro One sold off under the Wynne government, which she said has led to high prices and exorbitant executive pay among executives. The NDP plan would also make sure rural families do not pay more in delivery fees than city dwellers, and curb the oversupply of energy to bring prices down.

Critics have said the NDP plan is too costly and will take a long time to implement, and investors see too many unknowns about Hydro One.

"The NDP's plan to buy back Hydro One and continue moving forward with a carbon tax will cost taxpayers billions," said Melissa Lantsman, a spokesperson for PC Leader Doug Ford.

"Only Doug Ford has a plan to reduce hydro rates and put money back in people's pockets. We'll reduce your hydro bill by 12 per cent."

Ford has said he will fire Hydro One CEO Mayo Schmidt, and has dubbed him the $6-million-dollar man.

Horwath has said both Ford and Liberal Leader Kathleen Wynne will end up costing Ontarians more in electricity if one of them is elected come June 7. Their "hydro scheme is the wrong plan," she said.

 

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Fire in manhole leaves thousands of Hydro-Québec customers without power

Montreal Power Outage linked to Hydro-Que9bec infrastructure after an underground explosion and manhole fire in Rosemont–La Petite–Patrie, disrupting the STM Blue Line and forcing strategic, cold-weather grid restoration on Be9langer Street.

 

Key Points

Outage from an underground blast and manhole fire disrupted STM service; Hydro-Que9bec restored the grid in cold weather.

✅ Peak impact: 41,000 customers; 10,981 still without power by 7:00 p.m.

✅ STM Blue Line restored after afternoon shutdown; Be9langer Street reopened.

✅ Hydro-Que9bec pacing restoration to avoid grid overload in cold weather.

 

Hydro-Québec says a power outage affecting Montreal is connected to an underground explosion and a fire in a manhole in Rosemont—La Petite–Patrie. 

The fire started in underground pipes belonging to Hydro-Québec on Bélanger Street between Boyer and Saint-André streets, according to Montreal firefighters, who arrived on the scene at 12:18 p.m.

The electricity had to be cut so that firefighters could get into the manhole where the equipment was located.

At the peak of the shutdown, nearly 41,000 customers were without power across Montreal.  As of 7:00 p.m., 10,981 clients still had no power.

In similar storms, Toronto power outages have persisted for hundreds, underscoring restoration challenges.

Hydro-Québec spokesperson Louis-Olivier Batty said the utility is being strategic about how it restores power across the grid. 

Because of the cold, and patterns seen during freezing rain outages, it anticipates that people will crank up the heat as soon as they get their electricity back, and that could trigger an overload somewhere else on the network, Batty said.

The Metro's Blue line was down much of the afternoon, but the STM announced the line was back up and running just after 4:30 p.m.

Bélanger Street was blocked to traffic much of the afternoon, however, it has now been reopened.

Batty said once the smoke clears, Hydro-Québec workers will take a look at the equipment to see what failed. 

 

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Tracking Progress on 100% Clean Energy Targets

100% Clean Energy Targets drive renewable electricity, decarbonization, and cost savings through state policies, CCAs, RECs, and mandates, with timelines and interim goals that boost jobs, resilience, and public health across cities, counties, and utilities.

 

Key Points

Policies for cities and states to reach 100% clean power by set dates, using mandates, RECs, and interim goals.

✅ Define eligible clean vs renewable resources

✅ Mandate vs goal framework with enforcement

✅ Timelines with interim targets and escape clauses

 

“An enormous amount of authority still rests with the states for determining your energy future. So we can build these policies that will become a postcard from the future for the rest of the country,” said David Hochschild, chair of the California Energy Commission, speaking last week at a UCLA summit on state and local progress toward 100 percent clean energy.

According to a new report from the UCLA Luskin Center for Innovation, 13 states, districts and territories, as well as more than 200 cities and counties, with standout clean energy purchases by Southeast cities helping drive momentum, have committed to a 100 percent clean electricity target — and dozens of cities have already hit it.

This means that one of every three Americans, or roughly 111 million U.S. residents representing 34 percent of the population, live in a community that has committed to or has already achieved 100 percent clean electricity, including communities like Frisco, Colorado that have set ambitious targets.

“We’re going to look back on this moment as the moment when local action and state commitments began to push the entire nation toward this goal,” said J.R. DeShazo, director of the UCLA Luskin Center for Innovation.

Not all 100 percent targets are alike, however. The report notes that these targets vary based on 1) what resources are eligible, 2) how binding the 100 percent target is, and 3) how and when the target will be achieved.

These distinctions will carry a lot of weight as the policy discussion shifts from setting goals to actually meeting targets. They also have implications for communities in terms of health benefits, cost savings and employment opportunities.

 

100% targets come in different forms

One key attribute is whether a target is based on "renewable" or "clean" energy resources. Some 100 percent targets, like Hawaii’s and Rhode Island’s 2030 plan, are focused exclusively on renewable energy, or sources that cannot be depleted, such as wind, solar and geothermal. But most jurisdictions use the broader term “clean energy,” which can also include resources like large hydroelectric generation and nuclear power.

States also vary in their treatment of renewable energy certificates, used to track and assign ownership to renewable energy generation and use. Unbundled RECs allow for the environmental attributes of the renewable energy resource to be purchased separately from the physical electricity delivery.

The binding nature of these targets is also noteworthy. Seven states, as well as Puerto Rico and the District of Columbia, have passed 100 percent clean energy transition laws. Of the jurisdictions that have passed 100 percent legislation, all but one specifies that the target is a “mandate,” according to the report. Nevada is the only state to call the target a “goal.”

Governors in four other states have signed executive orders with 100 percent clean energy goals.

Target timelines also vary. Washington, D.C. has set the most ambitious target date, with a mandate to achieve 100 percent renewable electricity by 2032. Other states and cities have set deadline years between 2040 and 2050. All "100 percent" state laws, and some city and county policies, also include interim targets to keep clean energy deployment on track.

In addition, some locations have included some form of escape clause. For instance, Salt Lake City, which last month passed a resolution establishing a goal of powering the county with 100 percent clean electricity by 2030, included “exit strategies” in its policy in order to encourage stakeholder buy-in, said Mayor Jackie Biskupski, speaking last week at the UCLA summit.

“We don’t think they’ll get used, but they’re there,” she said.

Other locales, meanwhile, have decided to go well beyond 100 percent clean electricity. The State of California and 44 cities have set even more challenging targets to also transition their entire transportation, heating and cooling sectors to 100 percent clean energy sources, and proposals like requiring solar panels on new buildings underscore how policy can accelerate progress across sectors.

Businesses are simultaneously electing to adopt more clean and renewable energy. Six utilities across the United States have set their own 100 percent clean or carbon-free electricity targets. UCLA researchers did not include populations served by these utilities in their analysis of locations with state and city 100 percent clean commitments.

 

“We cannot wait”

All state and local policies that require a certain share of electricity to come from renewable energy resources have contributed to more efficient project development and financing mechanisms, which have supported continued technology cost declines and contributed to a near doubling of renewable energy generation since 2008.

Many communities are switching to clean energy in order to save money, now that the cost calculation is increasingly in favor of renewables over fossil fuels, as more jurisdictions get on the road to 100% renewables worldwide. Additional benefits include local job creation, cleaner air and electricity system resilience due to greater reliance on local energy resources.

Another major motivator is climate change. The electricity sector is responsible for 28 percent of U.S. greenhouse gas emissions, second only to transportation. Decarbonizing the grid also helps to clean up the transportation sector as more vehicles move to electricity as their fuel source.

“The now-constant threat of wildfires, droughts, severe storms and habitat loss driven by climate change signals a crisis we can no longer ignore,” said Carla Peterman, senior vice president of regulatory affairs at investor-owned utility Southern California Edison. “We cannot wait and we should not wait when there are viable solutions to pursue now.”

Prior to joining SCE on October 1, Peterman served as a member of the California Public Utilities Commission, which implements and administers renewable portfolio standard (RPS) compliance rules for California’s retail sellers of electricity. California’s target requires 60 percent of the state’s electricity to come from renewable energy resources by 2030, and all the state's electricity to come from carbon-free resources by 2045.  

 

How CCAs are driving renewable energy deployment

One way California communities are working to meet the state’s ambitious targets is through community-choice aggregation, especially after California's near-100% renewable milestone underscored what's possible, via which cities and counties can take control of their energy procurement decisions to suit their preferences. Investor-owned utilities no longer purchase energy for these jurisdictions, but they continue to operate the transmission and distribution grid for all electricity users.                           

A second paper released by the Luskin Center for Innovation in recent days examines how community-choice aggregators are affecting levels of renewable energy deployment in California and contributing to the state’s 100 percent target.

The paper finds that 19 CCAs have launched in California since 2010, growing to include more than 160 towns, cities and counties. Of those communities, 64 have a 100 percent renewable or clean energy policy as their default energy program.

Because of these policies, the UCLA paper finds that “CCAs have had both direct and indirect effects that have led to increases in the clean energy sold in excess of the state’s RPS.”

From 2011 to 2018, CCAs directly procured 24 terawatt-hours of RPS-eligible electricity, 11 TWh of which have been voluntary or in excess of RPS compliance, according to the paper.

The formation of CCAs has also had an indirect effect on investor-owned utilities. As customers have left investor-owned utilities to join CCAs, the utilities have been left holding contracts for more renewable energy than they need to comply with California’s clean energy targets, amid rising solar and wind curtailments that complicate procurement decisions. UCLA researchers estimate that this indirect effect of CCA formation has left IOUs holding 13 terawatt-hours in excess of RPS requirements.

The paper concludes that CCAs have helped to accelerate California’s ability to meet state renewable energy targets over the past decade. However, the future contributions of CCAs to the RPS are more uncertain as communities make new power-purchasing decisions and utilities seek to reduce their excess renewable energy contracts.

“CCAs offer a way for communities to put their desire for clean energy into action. They're growing fast in California, one of only eight states where this kind of mechanism is allowed," said UCLA's Kelly Trumbull, an author of the report. "State and federal policies could be reformed to better enable communities to meet local demand for renewable energy.”

 

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Net-Zero Emissions Might Not Be Possible Without Nuclear Power

Nuclear Power for Net-Zero Grids anchors reliable baseload, integrating renewables with grid stability as solar, wind, and battery storage scale. Advanced reactors complement hydropower, curb natural gas reliance, and accelerate deep decarbonization of electricity systems.

 

Key Points

Uses nuclear baseload and advanced reactors to stabilize power grids and integrate higher shares of variable renewables.

✅ Provides firm, zero-carbon baseload for renewable-heavy grids

✅ Reduces natural gas dependence and peaker emissions

✅ Advanced reactors enhance safety, flexibility, and cost

 

Declining solar, wind, and battery technology costs are helping to grow the share of renewables in the world’s power mix to the point that governments are pledging net-zero emission electricity generation in two to three decades to fight global warming.

Yet, electricity grids will continue to require stable baseload to incorporate growing shares of renewable energy sources and ensure lights are on even when the sun doesn’t shine, or the wind doesn’t blow. Until battery technology evolves enough—and costs fall far enough—to allow massive storage and deployment of net-zero electricity to the grid, the systems will continue to need power from sources other than solar and wind.

And these will be natural gas and nuclear power, regardless of concerns about emissions from the fossil fuel natural gas and potential disasters at nuclear power facilities such as the ones in Chernobyl or Fukushima.

As natural gas is increasingly considered as just another fossil fuel, nuclear power generation provides carbon-free electricity to the countries that have it, even as debates over nuclear power’s outlook continue worldwide, and could be the key to ensuring a stable power grid capable of taking in growing shares of solar and wind power generation.

The United States, where nuclear energy currently provides more than half of the carbon-free electricity, is supporting the development of advanced nuclear reactors as part of the clean energy strategy.

But Europe, which has set a goal to reach carbon neutrality by 2050, could find itself with growing emissions from the power sector in a decade, as many nuclear reactors are slated for decommissioning and questions remain over whether its aging reactors can bridge the gap. The gap left by lost nuclear power is most easily filled by natural gas-powered electricity generation—and this, if it happens, could undermine the net-zero goals of the European Union (EU) and the bloc’s ambition to be a world leader in the fight against climate change.

 

U.S. Power Grid Will Need Nuclear For Net-Zero Emissions

A 2020 report from the University of California, Berkeley, said that rapidly declining solar, wind, and storage prices make it entirely feasible for the U.S. to meet 90 percent of its power needs from zero-emission energy sources by 2035 with zero increases in customer costs from today’s levels.

Still, natural gas-fired generation will be needed for 10 percent of America’s power needs. According to the report, in 2035 it would be possible that “during normal periods of generation and demand, wind, solar, and batteries provide 70% of annual generation, while hydropower and nuclear provide 20%.” Even with an exponential rise in renewable power generation, the U.S. grid will need nuclear power and hydropower to be stable with such a large share of solar and wind.

The U.S. Backs Advanced Nuclear Reactor Technology

The U.S. Department of Energy is funding programs of private companies under DOE’s new Advanced Reactor Demonstration Program (ARDP) to showcase next-gen nuclear designs for U.S. deployment.

“Taking leadership in advanced technology is so important to the country’s future because nuclear energy plays such a key role in our clean energy strategy,” U.S. Secretary of Energy Dan Brouillette said at the end of December when DOE announced it was financially backing five teams to develop and demonstrate advanced nuclear reactors in the United States.

“All of these projects will put the U.S. on an accelerated timeline to domestically and globally deploy advanced nuclear reactors that will enhance safety and be affordable to construct and operate,” Secretary Brouillette said.

According to Washington DC-based Nuclear Energy Institute (NEI), a policy organization of the nuclear technologies industry, nuclear energy provides nearly 55 percent of America’s carbon-free electricity. That is more than 2.5 times the amount generated by hydropower, nearly 3 times the amount generated by wind, and more than 12 times the amount generated by solar. Nuclear energy can help the United States to get to the deep carbonization needed to hit climate goals.

 

Europe Could See Rising Emissions Without Nuclear Power

While the United States is doubling down on efforts to develop advanced and cheaper nuclear reactors, including microreactors and such with new types of technology, Europe could be headed to growing emissions from the electricity sector as nuclear power facilities are scheduled to be decommissioned over the next decade and Europe is losing nuclear power just when it really needs energy, according to a Reuters analysis from last month.

In many cases, it will be natural gas that will come to the rescue to power grids to ensure grid stability and enough capacity during peak demand because solar and wind generation is variable and dependent on the weather.

For example, Germany, the biggest economy in Europe, is boosting its renewables targets, but it is also phasing out nuclear by next year, amid a nuclear option debate over climate strategy, while its deadline to phase out coal-fired generation is 2038—more than a decade later compared to phase-out plans in the UK and Italy, for example, where the deadline is the mid-2020s.

The UK, which left the EU last year, included support for nuclear power generation as one of the ten pillars in ‘The Ten Point Plan for a Green Industrial Revolution’ unveiled in November.

The UK’s National Grid has issued several warnings about tight supply since the fall of 2020, due to low renewable output amid high demand.

“National Grid’s announcement underscores the urgency of investing in new nuclear capacity, to secure reliable, always-on, emissions-free power, alongside other zero-carbon sources. Otherwise, we will continue to burn gas and coal as a fallback and fall short of our net zero ambitions,” Tom Greatrex, Chief Executive of the Nuclear Industry Association, said in response to one of those warnings.

But it’s in the UK that one major nuclear power plant project has notoriously seen a delay of nearly a decade—Hinkley Point C, originally planned in 2007 to help UK households to “cook their 2017 Christmas turkeys”, is now set for start-up in the middle of the 2020s.

Nuclear power development and plant construction is expensive, but it could save the plans for low-carbon emission power generation in many developed economies, including in the United States.

 

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Ontario, Quebec to swap energy in new deal to help with electricity demands

Ontario-Quebec Energy Swap streamlines electricity exchange, balancing peak demand across clean grids with hydroelectric and nuclear power, enhancing reliability, capacity banking, and interprovincial load management for industry growth, EV adoption, and seasonal heating-cooling needs.

 

Key Points

10-year, no-cash power swap aligning peaks; hydro and nuclear enhance reliability and let Ontario bank capacity.

✅ Up to 600 MW exchanged yearly; reviews adjust volumes

✅ Peaks differ: summer A/C in Ontario, winter heating in Quebec

✅ Capacity banking enables future-year withdrawals

 

Ontario and Quebec have agreed to swap energy to build on an electricity deal to help each other out when electricity demands peak.

The provinces' electricity operators, the Independent Electricity System Operator holds capacity auctions and Hydro-Quebec, will trade up to 600 megawatts of energy each year, said Ontario Energy Minister Todd Smith.

“The deal just makes a lot of sense from both sides,” Smith said in an interview.

“The beauty as well is that Quebec and Ontario are amongst the cleanest grids around.”

The majority of Ontario's power comes from nuclear energy while the majority of Quebec's energy comes from hydroelectric power, including Labrador power in regional transmission networks.

The deal works because Ontario and Quebec's energy peaks come at different times, Smith said.

Ontario's energy demands spike in the summer, largely driven by air conditioning on hot days, and the province has occasionally set off-peak electricity prices to provide temporary relief, he said.

Quebec's energy needs peak in the winter, mostly due to electric heating on cold days.

The deal will last 10 years, with reviews along the way to adjust energy amounts based on usage.

“With the increase in energy demand, we must adopt more energy efficiency programs like Peak Perks and intelligent measures in order to better manage peak electricity consumption,” Quebec's Energy Minister Pierre Fitzgibbon wrote in a statement.

Smith said the energy deal is a straight swap, with no payments on either side, and won't reduce hydro bills as the transfer could begin as early as this winter.

Ontario will also be able to bank unused energy to save capacity until it is needed in future years, Smith said.

Both provinces are preparing for future energy needs, as electricity demands are expected to grow dramatically in the coming years with increased demand from industry and the rise of electric vehicles, and Ontario has tabled legislation to lower electricity rates to support consumers.

 

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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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