Court rejects challenge to Cape Wind

By Associated Press


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Developers of a proposed Nantucket Sound wind farm were cleared to move forward when Massachusetts' high court rejected a claim that the project sidestepped local opposition to win a key permit.

Cape Wind project, a 130-turbine proposal that would be the nation's first offshore wind farm, was given permission last year by a state board to build power transmission lines through state waters. The Supreme Judicial Court backed that decision in a 4-2 ruling.

Cape Wind had gone to the state after a local board, the Cape Cod Commission, rejected in 2007 its request to build about 18 miles of undersea and underground transmission cables to connect to the regional electric power grid. The local board said Cape Wind hadn't provided sufficient information.

Opponents argued the state exceeded its powers and was trumped by the local ruling, but the court disagreed. It said that that interpretation would mean the state Energy Facilities Siting Board's authority applied everywhere but Cape Cod.

Cape Wind opponents also argued the state board was wrong to consider only the transmission lines' effect on Massachusetts, rather than the entire project's effect. But the court said that doing so would have essentially given the board the power to kill a project under federal jurisdiction.

The project is being built entirely in federal waters, though the transmission cables run through state waters, which extend to three miles offshore.

"The siting board does not have authority to do indirectly what it cannot do directly," the court wrote.

Cape Wind, estimated to cost at least $2 billion, was approved this year by U.S. Interior Secretary Ken Salazar after more than eight years of federal review. Developers say the project, which aims to begin operating by late 2012, will provide about three-quarters of Cape Cod's power.

Backers say it will help fight climate change, bring jobs and jump-start a U.S. offshore wind industry that's lagged behind Europe and China. But opponents say the project is a giveaway to a private developer that will endanger marine and bird life and mar historic vistas.

In a dissent to the ruling, Chief Justice Margaret Marshall said the state board does not have the authority the court claimed and that the ruling "establishes a dangerous and unwise precedent."

"A wind farm today may be a drilling rig or nuclear power plant tomorrow," she wrote.

Marshall also agreed the state board should have considered the entire project's effect on the state. She cited this year's oil spill in the Gulf of Mexico, saying it showed that "the failure to take into account in-state consequences of federally authorized energy projects in federal waters can have catastrophic effects on state tidelands and coastal areas, and on all who depend on them."

Cape Wind president Jim Gordon called a "great day," and said the decision showed the state board had acted carefully.

Cape Wind's victories in court and over regulatory challenges are proof of its merit, Gordon said.

"I recognize that there is a small, very vocal and well-funded opposition group that sadly is delaying this project," he said. "I hope that with today's decision they might reflect and join hands with the rest of the citizens that want to transition to a cleaner energy future."

Audra Parker, head of the chief opposition group, the Alliance to Protect Nantucket Sound, called the decision "an outrageous violation of community rights."

Though the decision can't be appealed, the fight to kill the project continues on many fronts, she said, including pending legal challenges to Cape Wind's federal approval.

She sees growing public opposition to the high cost of the project's power, she said.

"This is far from over, despite this ruling," Parker said.

Next week, the Massachusetts Department of Public Utilities will begin considering whether Cape Wind's pending 15-year deal with National Grid is a good deal for ratepayers. Under the deal, the utility would buy half of Cape Wind's power, starting at 18.7 cents per kilowatt hour. That's about twice what the utility pays for power from conventional sources, but Cape Wind backers say that given the volatility of fossil fuel costs, the price will be a good deal over the life of the contract.

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Victims of California's mega-fire will sue electricity company

PG&E Wildfire Lawsuit alleges utility negligence, inadequate infrastructure maintenance, and faulty transmission lines, as victims seek compensation. Regulators investigate the blaze, echoing class actions after Victoria's Black Saturday mega-fires and utility oversight failures.

 

Key Points

PG&E Wildfire Lawsuit alleges utility negligence and power line faults, seeking victim compensation amid investigations.

✅ Alleged failure to maintain transmission infrastructure

✅ Spark reports and regulator filings before blaze erupted

✅ Class action parallels with Australia's Black Saturday

 

Victims of California's most destructive wildfire have filed a lawsuit accusing Pacific Gas & Electric Co. of causing the massive blaze, a move that follows the utility's 2018 Camp Fire guilty plea in a separate case.

The suit filed on Tuesday in state court in California accuses the utility of failing to maintain its infrastructure and properly inspect and manage its power transmission lines, amid prior reports that power lines may have sparked fires in California.

The utility's president said earlier the company doesn't know what caused the fire, but is cooperating with the investigation by state agencies, and other utilities such as Southern California Edison have faced wildfire lawsuits in California.

PG&E told state regulators last week that it experienced a problem with a transmission line in the area of the fire just before the blaze erupted.

A landowner near where the blaze began said PG&E notified her the day before the wildfire that crews needed to come onto her property because some wires were sparking, and the company later promoted its wildfire assistance program for victims seeking aid.

A massive class action after Australia's last mega-fire, Victoria's Black Saturday in 2009, saw $688.5 million paid in compensation to thousands of claimants affected by the Kilmore-Kinglake and Murrindindi-Marysville fires, partly by electricity company SP Ausnet, and partly by government agencies, while in California PG&E's bankruptcy plan won support from wildfire victims addressing compensation claims.

 

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California avoids widespread rolling blackouts as heat strains power grid

California Heat Wave Grid Emergency sees CAISO issue Stage 3 alerts as record demand, extreme heat, and climate change strain renewable energy; conservation efforts avert rolling blackouts and protect grid reliability statewide.

 

Key Points

A grid emergency in California's heat wave, with CAISO Stage 3 alerts amid record demand and risk of rolling blackouts.

✅ CAISO triggered Stage 3 alerts, then downgraded by 8 pm PT

✅ Record 52,061 MW demand; conservation reduced grid stress

✅ Extreme heat and climate change heightened outage risks

 

California has avoided ordering rolling blackouts after electricity demand reached a record-high Tuesday night from excessive heat across the state, even as energy experts warn the U.S. grid faces mounting climate stresses. 

The California Independent System Operator, which oversees the state’s electrical grid, imposed its highest level energy emergency on Tuesday, a step that comes before ordering rolling blackouts and allows the state to access emergency power sources.

The Office of Emergency Services also sent a text alert to residents requesting them to conserve power. The operator downgraded the Stage 3 alert around 8:00 p.m. PT on Tuesday and said that “consumer conservation played a big part in protecting electric grid reliability,” and in bolstering grid resilience overall.

The state capital of Sacramento reached 116 degrees Fahrenheit on Tuesday, according to the National Weather Service, surpassing a record that was set almost 100 years ago. And nearly a half-dozen cities in the San Francisco Bay Area tied or set all-time highs, the agency said.

CAISO said peak power demand on Tuesday reached 52,061 megawatts, surpassing a previous high of 50,270 megawatts on July 24, 2006, while nearby B.C. electricity demand has also hit records during extreme weather.

While the operator did not order rolling blackouts, three Northern California cities saw brief power outages, and severe storms have caused similar disruptions statewide in recent months. As of 7:00 am PT on Wednesday, nearly 8,000 customers in California were without power, according to PowerOutage.us. 

Gov. Gavin Newsom, in a Twitter video on Tuesday, warned the temperatures across California were unprecedented and the state is headed into the worst part of the heat wave, which is on track to be the hottest and longest on record for September.

“The risk for outages is real and it’s immediate,” Newsom said. “These triple-digit temperatures throughout much of the state are leading, not surprisingly, to record demand on the energy grid.”

The governor urged residents to pre-cool their homes earlier in the day when more power is available and turn thermostats to 78 degrees or higher after 4:00 pm PT. “Everyone has to do their part to help step up for just a few more days,” Newsom said.

The possibility for widespread outages reflects how power grids in California and other states are becoming more vulnerable to climate-related disasters such as heat waves, storms and wildfires across California.

California, which has set a goal to transition to 100% carbon-free electricity by 2045, has shuttered a slew of gas power plants in the past few years, leaving the state increasingly dependent on solar energy.

At times, the state has produced a clean energy surplus during peak solar generation, underscoring the challenges of balancing supply and demand.

The megadrought in the American West has generated the driest two decades in the region in at least 1,200 years, and human-caused climate change has fueled the problem, scientists said earlier this year. Conditions will likely continue through 2022 and persist for years.

 

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Scottish North Sea wind farm to resume construction after Covid-19 stoppage

NnG Offshore Wind Farm restarts construction off Scotland, backed by EDF Renewables and ESB, CfD 2015, 54 turbines, powering 375,000 homes, 500 jobs, delivering GBP 540 million, with Covid-19 safety measures and staggered workforce.

 

Key Points

A 54-turbine Scottish offshore project by EDF Renewables and ESB, resuming to power 375,000 homes and support 500 jobs.

✅ Awarded a CfD in 2015; 54 turbines off Scotland's east coast.

✅ Projected to power 375,000 homes and deliver GBP 540 million locally.

✅ Staggered workforce return with Covid-19 control measures and oversight.

 

Neart Na Gaoithe (NnG) Offshore Wind Farm, owned by  EDF Renewables and Irish firm ESB, stopped construction in March, even as the world's most powerful tidal turbine showcases progress in marine energy.

Project boss Matthias Haag announced last night the 54-turbine wind farm would restart construction this week, as the largest UK offshore wind farm begins supplying power, underscoring sector momentum.

Located off Scotland’s east coast, where wind farms already power millions of homes, it was awarded a Contract for Difference (CfD) in 2015 and will look to generate enough energy to power 375,000 homes.

It is expected to create around 500 jobs, and supply chain growth like GE's new offshore blade factory jobs shows wider industry momentum, while also delivering £540 million to the local economy.

Mr Haag, NnG project director, said the wind farm build would resume with a small, staggered workforce return in line social distancing rules, and with broader energy sector conditions, including Hinkley Point C setbacks that challenge the UK's blueprint.

He added: “Initially, we will only have a few people on site to put in place control measures so the rest of the team can start work safely later that week.

“Once that’s happened we will have a reduced workforce on site, including essential supervisory staff.

“The arrangements we have put in place will be under regular review as we continue to closely monitor Covid-19 and follow the Scottish Government’s guidance.”

NnG wind farm, a 54-turbine projects, was due to begin full offshore construction in June 2020 before the Covid-19 outbreak, at a time when a Scottish tidal project had just demonstrated it could power thousands of homes.

EDF Renewables sold half of the NnG project to Irish firm ESB in November last year, and parent company EDF recently saw the Hinkley C reactor roof lifted into place, highlighting progress alongside renewables.

The first initial payment was understood to be around £50 million.

 

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Energy Ministry may lower coal production target as Chinese demand falls

Indonesia Coal Production Cuts reflect weaker China demand, COVID-19 impacts, falling HBA reference prices, and DMO sales to PLN, pressuring thermal coal output, miner budgets, and investment plans under the 2020 RKAB.

 

Key Points

Planned 2020 coal output reductions from China demand slump, lower HBA prices, and DMO constraints impacting miners.

✅ China demand drop reduces exports and thermal coal shipments.

✅ HBA reference price decline pressures margins and cash flow.

✅ DMO sales to PLN limit revenue; investment plans may slow.

 

The Energy and Mineral Resources (ESDM) Ministry is considering lowering the coal production target this year as demand from China has shown a significant decline, with China power demand drops reported, since the start of the outbreak of the novel coronavirus in the country late last year, a senior ministry official has said.

The ministry’s coal and mineral director general Bambang Gatot Ariyono said in Jakarta on March 12 that the decline in the demand had also caused a sharp drop in coal prices on the world market, and China's plan to reduce coal power has further weighed on sentiment, which could cause the country’s miners to reduce their production.

The 2020 minerals and coal mining program and budget (RKAB) has set a current production goal of 550 million tons of coal, a 10 percent increase from last year’s target. As of March 6, 94.7 million tons of coal had been mined in the country in the year.

“With the existing demand, revision to this year’s production is almost certain,” he said, adding that the drop in demand had also caused a decline in coal prices.

Indonesia’s thermal coal reference price (HBA) fell by 26 percent year-on-year to US$67.08 per metric ton in March, according to a Standards & Poor press release on March 5.  At home, the coal price is also unattractive for local producers. Under the domestic market obligation (DMO) policy, miners are required to sell a quarter of their production to state-owned electricity company PLN at a government-set price, even as imported coal volumes rise in some markets. This year’s coal reference price is $70 per metric ton, far below the internal prices before the coronavirus outbreak hit China.

The ministry’s expert staff member Irwandy Arif said China had reduced its coal demand by 200,000 tons so far, as six of its coal-fired power plants had suspended operation due to the significant drop in electricity demand. Many factories in the country were closed as the government tried to halt the spread of the new coronavirus, which caused the decline in energy demand and created electric power woes for international supply chains.

“At present, all mines in Indonesia are still operating normally, while India is rationing coal supplies amid surging electricity demand. But we have to see what will happen in June,” he said.

The ministry predicted that the low demand would also result in a decline in coal mining investment, as clean energy investment has slipped across many developing nations.

The ministry set a $7.6 billion investment target for the mining sector this year, up from $6.17 billion last year, even as Israel reduces coal use in its power sector, which may influence regional demand. The year’s total investment realization was $192 million as of March 6, or around 2.5 percent of the annual target. 

 

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Sustaining U.S. Nuclear Power And Decarbonization

Existing Nuclear Reactor Lifetime Extension sustains carbon-free electricity, supports deep decarbonization, and advances net zero climate goals by preserving the US nuclear fleet, stabilizing the grid, and complementing advanced reactors.

 

Key Points

Extending licenses keeps carbon-free nuclear online, stabilizes grid, and accelerates decarbonization toward net zero.

✅ Preserves 24/7 carbon-free baseload to meet climate targets

✅ Avoids emissions and replacement costs from premature retirements

✅ Complements advanced reactors; reduces capital and material needs

 

Nuclear power is the single largest source of carbon-free energy in the United States and currently provides nearly 20 percent of the nation’s electrical demand. As a result, many analyses have investigated the potential of future nuclear energy contributions in addressing climate change and investing in carbon-free electricity across the sector. However, few assess the value of existing nuclear power reactors.

Research led by Pacific Northwest National Laboratory (PNNL) Earth scientist Son H. Kim, with the Joint Global Change Research Institute (JGCRI), a partnership between PNNL and the University of Maryland, has added insight to the scarce literature and is the first to evaluate nuclear energy for meeting deep decarbonization goals amid rising credit risks for nuclear power identified by Moody's. Kim sought to answer the question: How much do our existing nuclear reactors contribute to the mission of meeting the country’s climate goals, both now and if their operating licenses were extended?

As the world races to discover solutions for reaching net zero as part of the global energy transition now underway, Kim’s report quantifies the economic value of bringing the existing nuclear fleet into the year 2100. It outlines its significant contributions to limiting global warming.

Plants slated to close by 2050 could be among the most important players in a challenge requiring all available carbon-free technology solutions—emerging and existing—alongside renewable electricity in many regions, the report finds. New nuclear technology also has a part to play, and its contributions could be boosted by driving down construction costs.  

“Even modest reductions in capital costs could bring big climate benefits,” said Kim. “Significant effort has been incorporated into the design of advanced reactors to reduce the use of all materials in general, such as concrete and steel because that directly translates into reduced costs and carbon emissions.”

Nuclear power reactors face an uncertain future, and some utilities face investor pressure to release climate reports as well.
The nuclear power fleet in the United States consists of 93 operating reactors across 28 states. Most of these plants were constructed and deployed between 1970-1990. Half of the fleet has outlived its original operating license lifetime of 40 years. While most reactors have had their licenses renewed for an additional 20 years, and some for another 20, the total number of reactors that will receive a lifetime extension to operate a full 80 years from deployment is uncertain.

Other countries also rely on nuclear energy. In France, for example, nuclear energy provides 70 percent of the country’s power supply. They and other countries must also consider extending the lifetime, retiring, or building new, modern reactors while navigating Canadian climate policy implications for electricity grids. However, the U.S. faces the potential retirement of many reactors in a short period—this could have a far stronger impact than the staggered closures other countries may experience.

“Our existing nuclear power plants are aging, and with their current 60-year lifetimes, nearly all of them will be gone by 2050. It’s ironic. We have a net zero goal to reach by 2050, yet our single largest source of carbon-free electricity is at risk of closure, as seen in New Zealand's electricity transition debates,“ said Kim.

 

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Global use of coal-fired electricity set for biggest fall this year

Global Coal Power Decline 2019 signals a record fall in coal-fired electricity as China plateaus, India dips, and the EU and US accelerate renewables, curbing carbon emissions and advancing the global energy transition.

 

Key Points

A record 2019 drop in global coal power as renewables rise and demand slows across China, India, the EU, and the US.

✅ 3% global fall in coal-fired electricity in 2019.

✅ China plateaus; India declines for first time in decades.

✅ EU and US shift to renewables and gas, cutting emissions.

 

The world’s use of coal-fired electricity is on track for its biggest annual fall on record this year after more than four decades of near-uninterrupted growth that has stoked the global climate crisis.

Data shows that coal-fired electricity is expected to fall by 3% in 2019, or more than the combined coal generation in Germany, Spain and the UK last year and could help stall the world’s rising carbon emissions this year.

The steepest global slump on record is likely to emerge in 2019 as India’s reliance on coal power falls for the first time in at least three decades this year, and China’s coal power demand plateaus, reflecting the broader global energy transition underway.

Both developing nations are using less coal-fired electricity due to slowing economic growth in Asia as well as the rise of cleaner energy alternatives. There is also expected to be unprecedented coal declines across the EU and the US as developed economies turn to clean forms of energy such as low-cost solar power to replace ageing coal plants.

In almost 40 years the world’s annual coal generation has fallen only twice before: in 2009, in the wake of the global financial crisis, and in 2015, following a slowdown in China’s coal plants amid rising levels of deadly air pollution.

The research was undertaken by the Centre for Research on Energy and Clean Air , the Institute for Energy Economics and Financial Analysis and the UK climate thinktank Sandbag.

The researchers found that China’s coal-fired power generation was flatlining, despite an increase in the number of coal plants being built, because they were running at record low rates. China builds the equivalent of one large new coal plant every two weeks, according to the report, but its coal plants run for only 48.6% of the time, compared with a global utilisation rate of 54% on average.

The findings come after a report from Global Energy Monitor found that the number of coal-fired power plants in the world is growing, because China is building new coal plants five times faster than the rest of the world is reducing their coal-fired power capacity.

The report found that in other countries coal-fired power capacity fell by 8GW in the 18 months to June but over the same period China increased its capacity by 42.9GW.

In a paper for the industry journal Carbon Brief, the researchers said: “A 3% reduction in power sector coal use could imply zero growth in global CO2 emissions, if emissions changes in other sectors mirror those during 2018.”

However, the authors of the report have warned that despite the record coal power slump the world’s use of coal remained far too high to meet the climate goals of the Paris agreement, and some countries are still seeing increases, such as Australia’s emissions rise amid increased pollution from electricity and transport.

The US – which is backing out of the Paris agreement – has made the deepest cuts to coal power of any developed country this year by shutting coal plants down in favour of gas power and renewable energy, with utilities such as Duke Energy facing investor pressure to disclose climate plans. By the end of August the US had reduced coal by almost 14% over the year compared with the same months in 2018.

The EU reported a record slump in coal-fired electricity use in the first half of the year of almost a fifth compared with the same months last year. This trend is expected to accelerate over the second half of the year to average a 23% fall over 2019 as a whole. The EU is using less coal power in favour of gas-fired electricity – which can have roughly half the carbon footprint of coal – and renewable energy, helped by policies such as the UK carbon tax that have slashed coal-fired generation.

We will not stay quiet on the escalating climate crisis and we recognise it as the defining issue of our lifetimes. The Guardian will give global heating, wildlife extinction and pollution the urgent attention they demand. Our independence means we can interrogate inaction by those in power. It means Guardian reporting will always be driven by scientific facts, never by commercial or political interests.

We believe that the problems we face on the climate crisis are systemic and that fundamental societal change is needed. We will keep reporting on the efforts of individuals and communities around the world who are fearlessly taking a stand for future generations and the preservation of human life on earth. We want their stories to inspire hope. We will also report back on our own progress as an organisation, as we take important steps to address our impact on the environment.

 

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