Government faces lawsuit over Kyoto targets

By Toronto Star


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An environmental group is taking the Conservative government to court for not meeting its obligations under a recently passed climate-change law.

Friends of the Earth filed an application for judicial review in Federal Court, with the help of Toronto lawyer Chris Paliare and Ecojustice.

The group charges that Environment Minister John Baird is ignoring the rule of law by failing to comply with legislation that requires the government meet its targets under the Kyoto Protocol and submit a plan illustrating how it would do so. The Kyoto Protocol Implementation Act was passed with the support of the opposition in June.

Garry Keller, BairdÂ’s director of communications, said in a statement that the department would have no comment on cases before the courts.

Beatrice Olivastri of Friends of the Earth says that just as a deadbeat dad would be forced to provide money to his children, so too should a judge order the federal government live up to its legal obligations.

"Some of the excuses we've heard around Kyoto are reminiscent of what you hear from deadbeat dads: I can't afford the payments, I'd have to give up too much to afford the payments," Olivastri said. “It's running away from the responsibility that our government bears."

Baird did submit an ostensible Kyoto blueprint in August – as required by the legislation – but it did not commit to meeting the Kyoto target of reducing greenhouse gas emissions by six per cent below 1990 levels by 2012. The Conservatives have consistently maintained that years of inaction on the part of their Liberal predecessors makes it impossible to meet the targets without serious consequences for the economy.

The Conservatives underline that they have their own plan to tackle global warming, one which will put Canada more than 30 per cent over its Kyoto targets but will ultimately put the country on track for deeper reductions.

Liberal MP Pablo Rodriguez, the original sponsor of the bill that became the Kyoto Protocol Implementation Act, said the legislation was spurred when the Conservatives made it clear they would not respect the international treaty.

"First you start with not respecting the international, and then they don't respect the national law. They have to face the consequences."

Meanwhile, the NDP has said they are no longer fixated on the issue of the Kyoto targets, but instead would like the government to commit to a more stringent environmental plan.

A Clean Air Act that was before Parliament, and heavily amended by the opposition, died on the order paper when the last session of Parliament ended earlier this week. NDP Leader Jack Layton has said he would like to see it revived by the government, but Tory House Leader Peter Van Loan said that's not on.

Friends of the Earth had filed another application against the government in Federal Court earlier in the year, alleging the government was violating the Canadian Environmental Protection Act by not living up to Kyoto. That case has been abandoned in favour of the new one based on the more specific Kyoto Protocol Implementation Act.

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Why rolling back European electricity prices is tougher than appears

EU Energy Price Crisis drives soaring electricity bills as natural gas sets pay-as-clear power prices; leaders debate price caps, common gas purchasing, market reform, renewables, and ETS changes amid Ukraine war supply shocks.

 

Key Points

A surge in gas-driven power costs linked to pay-as-clear pricing, supply shocks, and policy rifts across the EU market.

✅ Gas sets marginal power price via pay-as-clear mechanism

✅ Spain pushes decoupling and temporary price caps

✅ EU weighs joint gas buying, efficiency, more renewables

 

Nothing grabs politicians' attention faster than angry voters, and they've had plenty to be furious about as natural gas and electricity bills have soared to stomach-churning levels in recent months, as this UK natural gas analysis illustrates across markets.

That's led to a scramble to figure out ways to get those costs down, with emergency price-limiting measures under discussion — but that's turning out to be very difficult, so the likeliest result is that EU leaders meeting later this week won't come up with any solutions.

“There is no single easy answer to tackle the high electricity prices given the diversity of situations among Member States. Some options are only suitable for specific national contexts,” the European Commission said on Wednesday. “They all carry costs and drawbacks.” 

The initial problem was a surge in gas demand in Asia last year coupled with lower-than-normal Russian gas deliveries that left European gas storage at unusually low levels. Now the war in Ukraine is making matters even worse, as pressure grows for the bloc to rapidly cut its imports of Russian oil, coal and natural gas — although some national leaders reject the economic costs that would entail.

"We will end this dependence as quickly as we can, but to do that from one day to the next would mean plunging our country and all of Europe into a recession," German Chancellor Olaf Scholz warned on Wednesday.

The problem for the bloc is that its liberalized electricity market is tightly tied to the price of natural gas; power prices are set by the final input needed to balance demand — called pay-as-clear — which in most cases is set by natural gas. That's led to countries with large amounts of cheaper renewable or nuclear energy seeing sharp spikes in power prices thanks to the cost of that final bit of gas-fired electricity.

A Spanish-led coalition that includes Portugal, Belgium and Italy wants deep reforms to the EU price model, fueling a broader electricity market revamp debate in Brussels.

Others, such as the Netherlands and Germany, strongly oppose such an approach, echoing how nine countries oppose reforms at the EU level, and want to focus on cushioning the effects of the high prices on consumers and businesses, while letting the market operate. 

A third group, largely in Central Europe, wants to use the price spike to revamp or scrap the bloc's Emissions Trading System and to rethink its Fit for 55 climate legislation.

The European Commission has been holding the middle ground — arguing that the current market model makes sense, but encouraging countries to boost the amount of renewable electricity, in a wake-up call to ditch fossil fuels for Europe, to cut energy use and increase efficiency.

In draft conclusions of this week's European Council summit, seen by POLITICO, EU leaders, amid a France-Germany tussle over reform, call for things like a common approach to buying gas, aimed at preventing countries from competing against each other. But there's no big movement on electricity prices.

“It does not seem realistic to expect a result on the energy discussion at this European Council,” one diplomat said, stressing that the governments will need to see more analysis before committing to any more steps.

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Spain wanted a much more robust response. Madrid has been arguing since last summer for “decoupling” gas from the electricity market; together with Portugal, it also mulled limiting the wholesale price of electricity to €180 per megawatt-hour — a proposal that Spain abandoned under fire from industry and consumer groups. 

Now Madrid is pushing to get a specific permission in the summit's final conclusions that would allow countries to voluntarily apply certain short-term solutions such as gas price cap strategies, according to a draft with track changes seen by POLITICO.

The issue with a cap is if gas prices are higher than the cap, Spain might not be able to buy any gas.

 

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Spain's power demand in April plummets under COVID-19 lockdown

Spain Electricity Demand April 2020 saw a 17.3% year-on-year drop as COVID-19 lockdown curbed activity; renewables and wind power lifted the emission-free share, while combined cycle plants dominated islands, per REE data.

 

Key Points

A 17.3% y/y decline amid COVID-19 lockdown, with 47.9% renewables and wind at 21.3% of the national power mix.

✅ Mainland demand -17%; Balearic -27.6%; Canary -20.3%.

✅ Emission-free share: 49.7% on the peninsula in April.

✅ Combined cycle led islands; coal absent in Balearics.

 

Demand for electricity in Spain dropped by 17.3% year-on-year to an estimated 17,104 GWh in April, aligning with a 15% global daily demand dip during the pandemic, while the country’s economy slowed down under the national state of emergency and lockdown measures imposed to curb the spread of COVID-19.

According to the latest estimates by Spanish grid operator Red Electrica de Espana (REE), the decline in demand was registered across Spain’s entire national territory, similar to a 10% UK drop during lockdown. On the mainland, it decreased by 17% to 16,191 GWh, while on the Balearic and the Canary Islands it plunged by 27.6% and 20.3%, respectively.

Renewables accounted for 47.9% of the total national electricity production in April, echoing Britain’s cleanest electricity trends during lockdown. Wind power production went down 20% year-on-year to 3,730 GWh, representing a 21.3% share in the total power mix.

During April, electricity generation in the peninsula was mostly based on emission-free technologies, reflecting an accelerated power-system transition across Europe, with renewables accounting for 49.7%. Wind farms produced 3,672 GWh, 20.1% less compared to April 2019, while contributing 22% to the power mix, even as global demand later surpassed pre-pandemic levels in subsequent periods.

In the Balearic Islands, electricity demand of 323,296 MWh was for the most part met by combined cycle power plants, even as some European demand held firm in later lockdowns, which accounted for 78.3% of the generation. Renewables and emission-free technologies had a combined share of 6.4%, while coal was again absent from the local power mix, completing now four consecutive months without contributing a single MWh.

In the Canary Islands system, demand for power decreased to 558,619 MWh, even as surging demand elsewhere strained power systems across the world. Renewables and emission-free technologies made up 14.3% of the mix, while combined cycle power plants led with a 45.3% share.

 

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Ottawa hands N.L. $5.2 billion for troubled Muskrat Falls hydro project

Muskrat Falls funding deal delivers federal relief to Newfoundland and Labrador: Justin Trudeau outlines loan guarantees, transmission investment, Hibernia royalties, and $10-a-day child care to stabilize hydroelectric costs and curb electricity rate hikes.

 

Key Points

A $5.2b federal plan aiding NL hydro via loan guarantees, transmission funds, and Hibernia royalties to curb power rates.

✅ $1b for transmission and $1b in federal loan guarantees

✅ $3.2b via Hibernia royalty transfers through 2047

✅ Limits power rate hikes; adds $10-a-day child care in NL

 

Prime Minister Justin Trudeau was in Newfoundland and Labrador Wednesday to announce a $5.2-billion ratepayer protection plan to help the province cover the costs of a troubled hydroelectric project ahead of an expected federal election call.

Trudeau's visit to St. John's, N.L., wrapped up a two-day tour of Atlantic Canada that featured several major funding commitments, and he concluded his day in Newfoundland and Labrador by announcing the province will become the fourth to strike a deal with Ottawa for a $10-a-day child-care program.

As he addressed reporters, the prime minister was flanked by the six Liberal members of Parliament from the province. He alluded to the mismanagement that led the over-budget Muskrat Falls hydroelectric project to become what Liberal Premier Andrew Furey has called an "anchor around the collective souls" of the province.

"The pressures and challenges faced by Newfoundlanders and Labradorians for mistakes made in the past is something that Canadians all needed to step up on, and that's exactly what we did," Trudeau said.

Furey, who joined Trudeau for the two announcements and was effusive in his praise for the federal government, said the federal funding will help Newfoundland and Labrador avoid a spike in electricity rates as customers start paying for Muskrat Falls ahead of when the project begins generating power this November.

"Muskrat Falls has been the No. 1 issue facing Newfoundlanders and Labradorians now for well over a decade," Furey said, adding that he is regularly asked by people whether their electricity rates are going to double, a concern other provinces address through rate legislation in Ontario as well.

"We landed on a deal today that I think -- I know -- is a big deal for Newfoundland and Labrador and will finally get the muskrat off our back," he said.

The agreement-in-principle between the two governments includes a $1-billion investment from Ottawa in a transmission through Quebec portion of the project, as well as $1 billion in loan guarantees. The rest will come from annual transfers from Ottawa equivalent to its annual royalty gains from its share in the Hibernia offshore oilfield, which sits off the coast of St. John's. Those transfers are expected to add up to about $3.2 billion between now and 2047, when the oilfield is expected to run dry.

The money will help cover costs set to come due when the Labrador project comes online, preventing rate increases that would have been needed to pay the bills, and officials have discussed a lump-sum bill credit to help households. Though electricity rates in the province will still rise, to 14.7 cents per kilowatt hour from the current 12.5 cents, that's well below the projected 23 cents that officials had said would be needed to cover the project's costs.

Muskrat Falls was commissioned in 2012 at a cost of $7.4 billion, but its price tag has since ballooned to $13.1 billion. Ottawa previously backed the project with billions of dollars in loan guarantees, and in December, Trudeau announced he had appointed Serge Dupont, former deputy clerk of the Privy Council, to oversee rate mitigation talks with the province about financially restructuring the project.

Its looming impact on the provincial budget is set against an already grim financial situation: the province projected an $826-million deficit in its latest budget, and a recent financial update from the provincial energy corporation reflected pandemic impacts, coupled with $17.2 billion in net debt.

After visiting with children from a daycare centre in the College of the North Atlantic, Trudeau and Furey announced that in 2023, the average cost of regulated child care in the province for children under six would be cut to $10 a day from $25 a day. Trudeau said that within five years, almost 6,000 new daycare spaces would be created in the province.

"As part of the agreement, a new full-day, year-round pre-kindergarten program for four-year-olds will also start rolling out in 2023," the prime minister told reporters. "For parents, this agreement is huge."

Newfoundland and Labrador is the fourth province, after Prince Edward Island, Nova Scotia and British Columbia, to sign on to the federal government's child-care program.

 

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COVID-19 crisis shows need to keep electricity options open, says Birol

Electricity Security and Firm Capacity underpin reliable supply, balancing variable renewables with grid flexibility via gas plants, nuclear power, hydropower, battery storage, and demand response, safeguarding telework, e-commerce, and critical healthcare operations.

 

Key Points

Ability to meet demand by combining firm generation and flexible resources, keeping grids stable as renewables grow.

✅ Balances variable renewables with dispatchable generation

✅ Rewards flexibility via capacity markets and ancillary services

✅ Enhances grid stability for critical loads during low demand

 

The huge disruption caused by the coronavirus crisis, and the low-carbon electricity lessons drawn from it, has highlighted how much modern societies rely on electricity and how firm capacity, such as that provided by nuclear power, is a crucial element in ensuring supply, International Energy Agency (IEA) Executive Director Fatih Birol said.

In a commentary posted on LinkedIn, Birol said: "The coronavirus crisis reminds us of electricity's indispensable role in our lives. It's also providing insights into how that role is set to expand and evolve in the years and decades ahead."

Reliable electricity supply is crucial for teleworking, e-commerce, operating ventilators and other medical equipment, among all its other uses, he said, adding that the hundreds of millions of people who live without any access to electricity are far more vulnerable to disease and other dangers.

"Although new forms of short-term flexibility such as battery storage are on the rise, and initiatives like UK home virtual power plants are emerging, most electricity systems rely on natural gas power plants - which can quickly ramp generation up or down at short notice - to provide flexibility, underlining the critical role of gas in clean energy transitions," Birol said.

"Today, most gas power plants lose money if they are used only from time to time to help the system adjust to shifts in demand. The lower levels of electricity demand during the current crisis are adding to these pressures. Hydropower, an often forgotten workhorse of electricity generation, remains an essential source of flexibility.

"Firm capacity, including nuclear power in countries that have chosen to retain it as an option, is a crucial element in ensuring a secure electricity supply even as soaring electricity and coal use complicate transitions. Policy makers need to design markets that reward different sources for their contributions to electricity security, which can enable them to establish viable business models."

In most economies that have taken strong confinement measures in response to the coronavirus - and for which the IEA has available data - electricity demand has declined by around 15%, largely as a result of factories and businesses halting operations, and in New York City load patterns were notably reshaped during lockdowns. If electricity demand falls quickly while weather conditions remain the same, the share of variable renewables like wind and solar can become higher than normal, and low-emissions sources are set to cover almost all near-term growth.

"With weaker electricity demand, power generation capacity is abundant. However, electricity system operators have to constantly balance demand and supply in real time. People typically think of power outages as happening when surging electricity demand overwhelms supply. But in fact, some of the most high-profile blackouts in recent times took place during periods of low demand," Birol said.

"When electricity from wind and solar is satisfying the majority of demand, and renewables poised to eclipse coal by 2025 are reshaping the mix, systems need to maintain flexibility in order to be able to ramp up other sources of generation quickly when the pattern of supply shifts, such as when the sun sets. A very high share of wind and solar in a given moment also makes the maintenance of grid stability more challenging."

 

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Ukraine Resumes Electricity Exports

Ukraine Electricity Exports resume as the EU grid links stabilize; ENTSO-E caps, megawatt capacity, renewables, and infrastructure repairs enable power flows to Moldova, Poland, Slovakia, and Romania despite ongoing Russian strikes.

 

Key Points

Resumed cross-border power sales showing grid stability under ENTSO-E limits and surplus generation.

✅ Exports restart to Moldova; Poland, Slovakia, Romania next.

✅ ENTSO-E cap limits to 400 MW; more capacity under negotiation.

✅ Revenues fund grid repairs after Russian strikes.

 

Ukraine began resuming electricity exports to European countries on Tuesday, its energy minister said, a dramatic turnaround from six months ago when fierce Russian bombardment of power stations plunged much of the country into darkness in a bid to demoralize the population.

The announcement by Energy Minister Herman Halushchenko that Ukraine was not only meeting domestic consumption demands but also ready to restart exports to its neighbors was a clear message that Moscow’s attempt to weaken Ukraine by targeting its infrastructure did not work.

Ukraine’s domestic energy demand is “100%” supplied, he told The Associated Press in an interview, and it has reserves to export due to the “titanic work” of its engineers and international partners.

Russia ramped up infrastructure attacks in September, when waves of missiles and exploding drones destroyed about half of Ukraine's energy system, even as it built lines to reactivate the Zaporizhzhia plant in occupied territory. Power cuts were common across the country as temperatures dropped below freezing and tens of millions struggled to keep warm.

Moscow said the strikes were aimed at weakening Ukraine’s ability to defend itself, and both sides have floated a possible agreement on power plant attacks amid mounting civilian harm, while Western officials said the blackouts that caused civilians to suffer amounted to war crimes. Ukrainians said the timing was designed to destroy their morale as the war marked its first anniversary.


Ukraine had to stop exporting electricity in October to meet domestic needs.

Engineers worked around the clock, often risking their lives to come into work at power plants and keep the electricity flowing. Kyiv’s allies also provided help. In December, U.S. Secretary of State Antony Blinken announced $53 million in bilateral aid to help the country acquire electricity grid equipment, on top of $55 million for energy sector support.

Much more work remains to be done, Halushchenko said. Ukraine needs funding to repair damaged generation and transmission lines, and revenue from electricity exports would be one way to do that.

The first country to receive Ukraine’s energy exports will be Moldova, he said.

Besides the heroic work by engineers and Western aid, warmer temperatures are enabling the resumption of exports by making domestic demand lower, and across Europe initiatives like virtual power plants for homes are helping balance grids. Nationwide consumption was already down at least 30% due to the war, Halushchenko said, with many industries having to operate with less power.

Renewables like solar and wind power also come into play as temperatures rise, taking some pressure off nuclear and coal-fired power plants.

But it’s unclear if Ukraine can keep up exports amid the constant threat of Russian bombardment.

“Unfortunately now a lot of things depend on the war,” Halushchenko said. “I would say we feel quite confident now until the next winter.”

Exports to Poland, Slovakia and Romania are also on schedule to resume, he said.

“Today we are starting with Moldova, and we are talking about Poland, we are talking about Slovakia and Romania,” Halushchenko added, noting that how much will depend on their needs.

“For Poland, we have only one line that allows us to export 200 megawatts, but I think this month we will finish another line which will increase this to an additional 400 MW, so these figures could change,” he said.

Export revenue will depend on fluctuating electricity prices in Europe, where stunted hydro and nuclear output may hobble recovery efforts. In 2022, while Ukraine was still able to export energy, Ukrainian companies averaged 40 million to 70 million euros a month depending on prices, Halushchenko said.

“Even if it’s 20 (million euros) it’s still good money. We need financial resources now to restore generation and transmission lines,” he said.

Ukraine has the ability to export more than the 400 megawatt capacity limit imposed by the European Network of Transmission System Operators for Electricity, or ENTSO-E, and rising EU wind and solar output is reshaping cross-border flows. “We are in negotiations to increase this cap because today we can export even more, we have the necessary reserves in the system,” the minister said.

The current capacity limit is in line with what Ukraine was exporting in September 2022 before Ukraine diverted resources to meet domestic needs amid the Russian onslaught.

 

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New England takes key step to 1.2 GW of Quebec hydro as Maine approves transmission line

NECEC Clean Energy Connect advances with Maine DEP permits, Hydro-Québec contracts, and rigorous transmission line mitigation, including tapered vegetation, culvert upgrades, and forest conservation, delivering low-carbon power, broadband fiber, and projected ratepayer savings.

 

Key Points

A Maine transmission project delivering Hydro-Québec power with strict DEP mitigation, lower bills, and added broadband.

✅ DEP permits mandate tapered vegetation, culvert upgrades, land conservation

✅ Hydro-Québec to supply 9.55 TWh/yr via MA contracts; bill savings 2-4%

✅ Added broadband fiber in Somerset and Franklin; local tax benefits

 

The Maine DEP reviewed the Clean Energy Connect project for more than two years, while regional interest in cross-border transmission continued to grow, before issuing permits that included additional environmental mitigation elements.

"Collectively, the requirements of the permit require an unprecedented level of environmental protection and compensatory land conservation for the construction of a transmission line in the state of Maine," DEP said in a May 11 statement.

Requirements include limits on transmission corridor width, forest preservation, culvert replacement and vegetation management projects, while broader grid programs like vehicle-to-grid integration enhance clean energy utilization across the region.

"In our original proposal we worked hard to develop a project that provided robust mitigation measures to protect the environment," NECEC Transmission CEO Thorn Dickinson said in a statement. "And through this permitting process, we now have made an exceedingly good project even better for Maine."

NECEC will be built on land owned or controlled by Central Maine Power. The 53 miles of new corridor on working forest land will use a new clearing technique for tapered vegetation, while the remainder of the project follows existing power lines.

Environmentalists said they agreed with the decision, and the mitigation measures state regulators took, noting similar momentum behind new wind investments in other parts of Canada.

"Building new ways to deliver low-carbon energy to our region is a critical piece of tackling the climate crisis," CLF Senior Attorney Phelps Turner said in a statement. "DEP was absolutely right to impose significant environmental conditions on this project and ensure that it does not harm critical wildlife areas."

Once complete, Turner said the transmission line will allow the region "to retire dirty fossil fuel plants in the coming years, which is a win for our health and our climate."

The Massachusetts Department of Public Utilities in June 2019 advanced the project by approving contracts for the state's utilities to purchase 9,554,940 MWh annually from Hydro-Quebec. Officials said the project is expected to provide approximately 2% to 4% savings on monthly energy bills.

Total net benefits to Massachusetts ratepayers over the 20-year contract, including both direct and indirect benefits, are expected to be approximately $4 billion, according to the state's estimates.

NECEC "will also deliver significant economic benefits to Maine and the region, including lower electricity prices, increased local real estate taxes and reduced energy costs with examples like battery-backed community microgrids demonstrating local resilience, expanded fiber optic cable for broadband service in Somerset and Franklin counties and funding of economic development for Western Maine," project developers said in a statement.​

 

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