EPA Accused of Flouting Supreme Court

By Omaha World-Herald


High Voltage Maintenance Training Online

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 12 hours Instructor-led
  • Group Training Available
Regular Price:
$0
Coupon Price:
$-50
Reserve Your Seat Today
The government proposed a pollution standard for power plants Wednesday that critics said flouts the spirit of a Supreme Court ruling on clean air enforcement.

The proposal would make it easier for utilities to expand plant operations or make other changes to produce more electricity without installing new pollution controls.

Critics said the Environmental Protection Agency was ignoring the justices' ruling that said a lower court erred when it sided with a coal-burning utility in seeking a similar standard.

But the EPA's assistant administrator, Bill Wehrum, said the proposal was not in conflict with the recent decision. He said that ruling dealt with the interpretation of earlier rules, not the validity of a new standard.

"It's apples and oranges," Wehrum said in a telephone interview. "We clearly have the authority" to issue the new standard, he added, which revises one proposed a year and a half ago.

The proposal would allow the use of average hourly smokestack emissions when determining whether a plant's expansion or efficiency improvements require additional pollution controls. The EPA hopes to make the proposal final before year's end.

Opponents of the hourly standard recently argued before the Supreme Court that this standard lets a plant put more smog-causing chemicals and other pollution into the air, even if hourly releases do not increase.

Environmentalists long have contended the EPA should continue using annual emissions to determine whether new pollution controls are needed under the Clean Air Act.

While not ruling directly on the legality of hourly standard, the Supreme Court said a lower court erred when it sided with Duke Energy Co. in the utility's challenge to the use of the annual standard in an enforcement case.

Duke Energy argued for the use of an hourly standard - similar to the one the EPA is proposing.

"EPA is ignoring both the Supreme Court and basic science," said Vickie Patton, a lawyer for Environmental Defense, the winning party in the Duke Energy case.

Frank O'Donnell, president of the nonprofit Clean Air Watch, accused the EPA of "thumbing its nose at the court" by pressing ahead with the hourly emissions standard. "They're going to let power plants pollute more," O'Donnell said.

Wehrum said the proposal is intended to allow power plants to produce more electricity by eliminating regulatory barriers to efficiency. He said the EPA has examined the environmental impact of the proposed rule and determined "essentially there's no effect on the environment."

"There should be little if any effects on the level of environmental protection provided by this program," he said.

Duke Energy and other power companies have said the EPA, beginning during the Clinton administration, interpreted the Clean Air Act in such a way that it has stifled needed expansions and efficiency improvements.

Environmentalists say any major changes in a plant's operation should be accompanied by steps to capture the additional pollution that may result.

Scott Segal, director of the Electric Reliability Coordinating Council which represents power companies, said the EPA proposal "allows us to make efficiency improvements that reduce carbon emissions" and help address global warming.

Segal took issue with suggestions the EPA was circumventing the Supreme Court's action in the Duke Energy case. He said the court emphasized that the EPA should have considerable deference in issuing clean air regulations.

Related News

Can Europe's atomic reactors bridge the gap to an emissions-free future?

EU Nuclear Reactor Life Extension focuses on energy security, carbon-free electricity, and safety as ageing reactors face gas shortages, high power prices, and regulatory approvals across the UK and EU amid winter supply risks.

 

Key Points

EU Nuclear Reactor Life Extension is the policy to keep ageing reactors safely generating affordable, low-carbon power.

✅ Extends reactor operation via inspections and component upgrades

✅ Addresses gas shortages, price volatility, and winter supply risks

✅ Requires national regulator approval and cost-benefit analysis

 

Shaken by the loss of Russian natural gas since the invasion of Ukraine, European countries are questioning whether they can extend the lives of their ageing nuclear reactors to maintain the supply of affordable, carbon-free electricity needed for net-zero across the bloc — but national regulators, companies and governments disagree on how long the atomic plants can be safely kept running.

Europe avoided large-scale blackouts last winter despite losing its largest supplier of natural gas, and as Germany temporarily extended nuclear operations to bolster stability, but industry is still grappling with high electricity prices and concerns about supply.

Given warnings from the International Energy Agency that the coming winters will be particularly at risk from a global gas shortage, governments have turned their attention to another major energy source — even as some officials argue nuclear would do little to solve the gas issue in the near term — that would exacerbate the problem if it too is disrupted: Europe’s ageing fleet of nuclear power plants.

Nuclear accounts for nearly 10% of energy consumed in the European Union, with transport, industry, heating and cooling traditionally relying on coal, oil and natural gas.

Historically nuclear has provided about a quarter of EU electricity and 15% of British power, even as Germany shut down its last three nuclear plants recently, underscoring diverging national paths.

Taken together, the UK and EU have 109 nuclear reactors running, even as Europe is losing nuclear power in several markets, most of which were built in the 1970s and 1980s and were commissioned to last about 30 years.

That means 95 of those reactors — nearly 90% of the fleet — have passed or are nearing the end of their original lifespan, igniting debates over how long they can safely continue to be granted operating extensions, with some arguing it remains a needed nuclear option for climate goals despite age-related concerns.

Regulations differ across borders, with some countries such as Germany turning its back on nuclear despite an ongoing energy crisis, but life extension discussions are usually a once-a-decade affair involving physical inspections, cost/benefit estimates for replacing major worn-out parts, legislative amendments, and approval from the national nuclear safety authority.

 

Related News

View more

EPA, New Taipei spar over power plant

Shenao Power Plant Controversy intensifies as the EPA, Taipower, and New Taipei officials clash over EIA findings, a marine conservation area, fisheries, public health risks, and protests against a coal-fired plant in Rueifang.

 

Key Points

Dispute over coal plant EIA, marine overlap, and health risks, pitting EPA and Taipower against New Taipei and residents.

✅ EPA approved EIA changes; city cites marine conservation conflict

✅ Rueifang residents protest; 400+ signatures, wardens oppose

✅ Debate centers on fisheries, public health, and coal plant impacts

 

The controversy over the Shenao Power Plant heated up yesterday as Environmental Protection Administration (EPA) and New Taipei City Government officials quibbled over the project’s potential impact on a fisheries conservation area and other issues, mirroring New Hampshire hydropower clashes seen elsewhere.

State-run Taiwan Power Co (Taipower) wants to build a coal-fired plant on the site of the old Shenao plant, which was near Rueifang District’s (瑞芳) Shenao Harbor.

The company’s original plan to build a new plant on the site passed an environmental impact assessment (EIA) in 2006, similar to how NEPA rules function in the US, and the EPA on March 14 approved the firm’s environmental impact difference analysis report covering proposed changes to the project.

#google#

That decision triggered widespread controversy and protests by local residents, environmental groups and lawmakers, echoing enforcement disputes such as renewable energy pollution cases reported in Maryland.

The controversy reached a new peak after New Taipei City Mayor Eric Chu on Tuesday last week posted on Facebook that construction of wave breakers for the project would overlap with a marine conservation area that was established in November 2014.

The EPA and Taipower chose to ignore the demarcation lines of the conservation area, Chu wrote.

Dozens of residents from Rueifang and other New Taipei City districts yesterday launched a protest at 9am in front of the Legislative Yuan in Taipei, amid debates similar to the Maine power line proposal in the US, where the Health, Environment and Labor Committee was scheduled to review government reports on the project.

More than 400 Rueifang residents have signed a petition against the project, including 17 of the district’s 34 borough wardens, Anti-Shenao Plant Self-Help Group director Chen Chih-chiang said.

Ruifang residents have limited access to information, and many only became aware of the construction project after the EPA’s March 14 decision attracted widespread media coverage, Chen said,

Most residents do not support the project, despite Taipower’s claims to the contrary, Chen said.

New Power Party Executive Chairman Huang Kuo-chang, who represents Rueifang and adjacent districts, said the EPA has shown an “arrogance of power” by neglecting the potential impact on public health and the local ecology of a new coal-fired power plant, even as it moves to revise coal wastewater limits elsewhere.

Huang urged residents in Taipei, Keelung, Taoyaun and Yilan County to reject the project.

If the New Taipei City Government was really concerned about the marine conservation area, it should have spoken up at earlier EIA meetings, rather than criticizing the EIA decision after it was passed, Environmental Protection Administration Deputy Minister Chan Shun-kuei told lawmakers at yesterday’s meeting.

Chan said he wondered if Chu was using the Shenao project for political gain.

However, New Taipei City Environmental Protection Department specialist Sun Chung-wei  told lawmakers that the Fisheries Agency and other experts voiced concerns about the conservation area during the first EIA committee meeting on the proposed changes to the Shenao project on June 15 last year.

Sun was invited to speak to the legislative committee by Chinese Nationalist Party (KMT) Legislator Arthur Chen.

While the New Taipei City Fisheries and Fishing Port Affairs Management Office did not present a “new” opinion during later EIA committee meetings, that did not mean it agreed to the project, Sun said.

However, Chan said that Sun was using a fallacious argument and trying to evade responsibility, as the conservation area had been demarcated by the city government.

 

Related News

View more

Canada will need more electricity to hit net-zero: IEA report

Canada Clean Electricity Expansion is urged by the IEA to meet net-zero targets, scaling non-emitting generation, electrification, EV demand, and grid integration across provinces to decarbonize industry, buildings, and transport while ensuring reliability and affordability.

 

Key Points

An IEA-backed pathway for Canada to scale non-emitting power, electrification, and grid links to meet net-zero goals.

✅ Double or triple clean generation to replace fossil fuels

✅ Integrate provincial grids to decarbonize dependent regions

✅ Manage EV and heating loads with reliability and affordability

 

Canada will need more electricity capacity if it wants to hit its climate targets, and cleaning up Canada's electricity will be critical, according to a new report from the International Energy Agency (IEA).

The report offers mainly a rosy picture of Canada's overall federal energy policy. But, the IEA draws attention to Canada's increasing future electricity demands, and ultimately, calls on Canada to leverage its non-emitting energy potential and expand renewable energy to hit its climate targets.  

"Canada's wealth of clean electricity and its innovative spirit can help drive a secure and affordable transformation of its energy system and help realize its ambitious goals," stated Fatih Birol, the IEA executive director, in a news release.

The IEA notes that Canada has one of the cleanest energy grids globally, with 83 per cent of electricity coming from non-emitting sources in 2020. But this reflects nationwide progress in electricity to date; the report warns this is not a reason for Canada to rest on its laurels. More electricity will be needed to displace fossil fuels if Canada wants to hit its 2030 targets, the report states, and "even deeper cuts" will be required to reach net-zero by 2050.

"Perhaps more significantly, however, Canada will need to ensure sufficient new clean generation capacity to meet the sizeable levels of electrification that its net-zero targets imply."

Investing in new coal, oil and gas projects must stop to hit climate goals, global energy agency says
The Liberals have promised to create a 100 percent net-zero-emitting electricity system by 2035, with regulating oil and gas emissions and electric car sales as part of the plan; by then, every new light-duty vehicle sold in Canada will be a zero-emission vehicle. The switch from gas guzzlers to plug-in electric vehicles will create new pressures on Canada's electrical grid, as will any turn away from fossil natural gas for home heating.

To meet these challenges, the IEA warns, Canada would need to double or triple the power generated from non-emitting sources compared to today, a shift whose cost could reach $1.4 trillion according to the Canadian Gas Association. 

"Such a shift will require significant regulatory action," the report states, highlighting the need for climate policy for electricity grids to guide implementation, and that will require the federal government to work closely with provinces and territories that control power generation and distribution.

The report notes that the further integration of territorial and provincial electrical grids could allow fossil fuel-dependent provinces, like Alberta, to decarbonize and electrify their economies.

The report, entitled Canada 2022 Energy Policy Review, offers what it calls an "in-depth" look at the commitments Canada has made to transform its energy policy. Since the IEA conducted its last review in 2015, Canada has committed to cutting greenhouse gas emissions by 40 to 45 per cent from 2005 levels by 2030 and achieving net-zero by 2050 under an extended national target.

The IEA is well-known for the production of its annual World Energy Outlook. The Paris-based autonomous intergovernmental organization provides analysis, data, and policy recommendations to promote global energy security and sustainability. Canada is a part of the intergovernmental body, which also conducts peer reviews of its members' energy policy.


Oil and gas emissions rising
Natural Resources Minister Jonathan Wilkinson responded to the report in the IEA news release.

"This report acknowledges Canada's ambitious efforts and historic investments to develop pathways to achieve net-zero emissions by 2050 and ensure a transition that aligns with our shared objective of limiting global warming to 1.5 degrees Celsius," Wilkinson's statement read.

The report notes that — despite that objective — absolute emissions from Canadian oil and gas extraction went up 26 per cent between 2000 and 2019, largely from increased production.

Minister of Natural Resources Jonathan Wilkinson responds to a question at a news conference after the federal cabinet was sworn in, in Ottawa, on Oct. 26, 2021. (Justin Tang/The Canadian Press)
"Canada will need to reconcile future growth in oil sands production with increasingly strict greenhouse gas requirements," the report states.

On the plus side, the IEA found emissions per barrel of oilsands crude have decreased by 20 per cent in the last decade from technical and operational improvements.

The improving carbon efficiency of the oilsands is a "trend that is expected to continue at even higher rates," said Ben Brunnen, vice-president of oilsands, fiscal and economic policy at the Canadian Association of Petroleum Producers.

That may become important, the IEA report notes, as energy investors and buyers look for low-carbon assets and more countries adopt net-zero policies.

Further innovation, such as carbon capture and storage, could help to turn things around for Canada's oil patch, the report says. The Liberals have also said they will place a hard cap on oil and gas emissions from production, but that does not include the burning of the fossil fuels. 

In 2021, the IEA released a report that determined to achieve net-zero by 2050, among many steps, investments needed to end in coal mines, oil and gas wells. Thursday's report, however, made no mention of that, which disappointed at least one environmental group.

"A glaring omission was that this assessment says nothing about production. We know that the most important thing we can do is to stop using and producing oil and gas," said Julia Levin, a senior climate and energy program manager at Environmental Defence.

"And yet that was absent from this report, and that really is a glaring omission, which is completely out of line with their [the IEA's] own work."

 

Related News

View more

Two new BC generating stations officially commissioned

BC Hydro Site C and Clean Energy Policy shapes B.C.'s power mix, affecting run-of-river hydro, net metering for rooftop solar, independent power producers, and surplus capacity forecasts tied to LNG Canada demand.

 

Key Points

BC Hydro's strategy centers on Site C, limiting new run-of-river projects and tightening net metering amid surplus power

✅ Site C adds long-term capacity with lower projected rates.

✅ Run-of-river IPP growth paused amid surplus forecasts.

✅ Net metering limits deter oversized rooftop solar.

 

Innergex Renewable Energy Inc. is celebrating the official commissioning today of what may be the last large run-of-river hydro project in B.C. for years to come.

The project – two new generating stations on the Upper Lillooet River and Boulder Creek in the Pemberton Valley – actually began producing power in 2017, but the official commissioning was delayed until Friday September 14.

Innergex, which earlier this year bought out Vancouver’s Alterra Power, invested $491 million in the two run-of-river hydro-electric projects, which have a generating capacity of 106 megawatts of power. The project has the generating capacity to power 39,000 homes.

The commissioning happened to coincide with an address by BC Hydro CEO Chris O’Riley to the Greater Vancouver Board of Trade Friday, in which he provided an update on the progress of the $10.7-billion Site C dam project.

That project has put an end, for the foreseeable future, of any major new run-of-river projects like the Innergex project in Pemberton.

BC Hydro expects the new dam to produce a surplus of power when it is commissioned in November 2024, so no new clean energy power calls are expected for years to come.

Independent power producers aren’t the only ones who have seen a decline in opportunities to make money in B.C. providing renewable power, as the Siwash Creek project shows. So will homeowners who over-build their own solar power systems, in an attempt to make money from power sales.

There are about 1,300 homeowners in B.C. with rooftop solar systems, and when they produce surplus power, they can sell it to BC Hydro.

BC Hydro is amending the net metering program to discourage homeowners from over-building. In some cases, some howeowners have been generating 40% to 50% more power than they need.

“We were getting installations that were massively over-sized for their load, and selling this big quantity of power to us,” O’Riley said. “And that was never the idea of the program.”

Going forward, BC Hydro plans to place limits on how much power a homeowner can sell to BC Hydro.

BC Hydro has been criticized for building Site C when the demand for power has been generally flat, and reliance on out-of-province electricity has drawn scrutiny. But O’Riley said the dam isn’t being built for today’s generation, but the next.

“We’re not building Site C for today,” he said. “We have an energy surplus for the short term. We’re not even building it for 2024. We’re building it for the next 100 years.”

O’Riley acknowledged Site C dam has been a contentious and “extremely challenging” project. It has faced numerous court challenges, a late-stage review by the BC Utilities Commission, cost overruns, geotechnical problems and a dispute with the main contractors.

In a separate case, the province was ordered to pay $10 million over the denial of a Squamish power project, highlighting broader legal risk.

But those issues have been resolved, O’Riley said, and the project is back on track with a new construction schedule.

“As we move forward, we have a responsibility to deliver a project on time and against the new revised budget, and I’m confident the changes we’ve made are set up to do that,” O’Riley said.

Currently, there are about 3,300 workers employed on the dam project.

Despite criticisms that BC Hydro is investing in a legacy mega-project at a time when cost of wind and solar have been falling, O’Riley insisted that Site C was the best and lowest cost option.

“First, it’s the lowest cost option,” he said. “We expect over the first 20 years of Site C’s operating life, our customers will see rates 7% to 10% below what it would otherwise be using the alternatives.”

BC Hydro missed a critical window to divert the Peace River, something that can only be done in September, during lower river flows. That added a full year’s delay to the project.

O’Riley said BC Hydro had built in a one-year contingency into the project, so he expects the project can still be completed by 2024 – the original in-service target date. But the delay will add more than $2 billion to the last budget estimate, boosting the estimated capital cost from $8.3 billion to $10.7 billion.

Meeting the 2024 in-service target date could be important, if Royal Dutch Shell and its consortium partners make a final investment decision this year on the $40 billion LNG Canada project.

That project also has a completion target date of 2024, and would be a major new industrial customer with a substantial power draw for operations.

“If they make a decision to go forward, they will be a very big customer of BC Hydro,” O’Riley told Business in Vancouver. “They would be in our top three or four biggest customers.”

 

Related News

View more

Ontario Energy Board prohibiting electricity shutoffs during latest stay-at-home order

OEB Disconnection Ban shields Ontario residential customers under the stay-at-home order, pausing electricity distributor shutoffs for non-payment and linking COVID-19 Energy Assistance Program credits for small businesses, charities, and overdue utility bills.

 

Key Points

A pause on electricity shutoff notices during Ontario's stay-at-home order, with COVID-19 bill credits for customers.

✅ Distributors cannot issue residential disconnection notices.

✅ Applies through the stay-at-home order timeline.

✅ CEAP credits: $750 residential; $1,500 small biz and charities.

 

With Ontario now into the third province-wide lockdown, the Ontario Energy Board (OEB) has promised residents won't have to worry about their power being shut off.

On April 8, the Province issued the third stay-at-home order in the last 13 months which is scheduled to last for 28 days until at least May 6, as electricity rates and policies continue to shift.

On April 30, the annual winter disconnection ban is set to expire, meaning electricity distributors like Hydro One would normally be permitted to issue disconnection notices for non-payment as early as 14 days before the end of the ban.

However, the OEB has announced changes for electricity consumers that prohibit electricity distributors from issuing disconnection notices to residential customers for the entirety of the stay-at-home order.

Additionally, the COVID-19 Energy Assistance Program is available for residential, small business, and registered charity customers who have overdue amounts on their electricity or gas bills as a result of the pandemic, complementing support for electric bills introduced during COVID-19, and the fixed COVID-19 hydro rate that helped stabilize costs.

Those who meet these criteria are eligible for credits up to a maximum of $750 for residential customers and $1,500 for small businesses and charities, alongside earlier moves to set an off-peak price to ease costs.

 

Related News

View more

Town of Gander forgives $250K debt from local curling club

Gander Curling Club Debt Forgiveness Agreement explained: town council tax relief, loan write-off conditions, community benefits, and economic impact, covering long-standing taxes and loans while protecting the facility with asset clauses and compliance terms.

 

Key Points

Town plan erasing 25 years of tax and loan debt, with conditions to keep the curling facility open for residents.

✅ Conditions: no borrowing against property without consent.

✅ Water and sewer taxes must be paid annually.

✅ If sold or use changes, debt due; transfer for $1.

 

Gander town council has agreed to forgive the local curling club's debt of over $250,000.

Gina Brown, chair of the town council's finance committee, says the agreement has been put in place to help the curling club survive, amid broader discussions on electricity affordability in Newfoundland and Labrador.

"When we took a look at this and realized there was a significant outstanding debt for Gander curling club … we have to mitigate," Brown told CBC Newfoundland Morning. "[Getting] what the taxpayers are owed, with also understanding and appreciating the role that that recreational facility plays in our community."

According to Brown, the debt comes from a combination of taxes and loans, going back about 25 years. She says the curling club understood there was debt, but didn't know the number was so high. The club has been in the black since 2007, but used their profits for other items like renovations.

"Like so many cases when you're dealing with an organization with a changing board, and the same for council … [people are] coming in and coming out," Brown said. "And as a result, my understanding from the curling club's perspective is they weren't aware of how much was outstanding."

Chris McLeod, president of the Gander Curling Club, told CBC the club had been trying to address the debt since he became president in 2014.

Terms of agreement
The town's agreement with the club comes with the following stipulations:

The club will not use the property as security for any form of borrowing without the town's consent.
 
The club will continue to pay water and sewer tax annually.
 
If the club sells the property, the town reserves the right to void the agreement and the debt will immediately become due in full.
 
If the club stops using the facility as a curling club, the property will be transferred to the town for $1.
McLeod says the club will not attempt to pay back the debt, as it is not part of the agreement. The only way the debt would be paid is if the building is sold, which McLeod says it won't be, and there are also no plans to use the building for anything other than a curling club.

"[The debt] is basically gone now," McLeod said.

McLeod says the move was made to help get the debt off the books, and make sure the curling club can be financially responsible in the future, similar to relief programs some utilities offered during the pandemic.

The curling club is something that encourages people. So we felt that this has to be maintained.
- Gina Brown

Brown says keeping the curling club in Gander is important for the town, and brings different benefits to the area, as regional power cooperation debates illustrate broader trends.

"They are servicing people from as young as Grade 1 to seniors," Brown said. "You need little to no equipment, you need no background. So for the town itself, for its social and health implications, as provinces advance emissions plans that can affect communities, is one. But the other thing is the economic benefit that comes from having this facility here."


The Gander Curling Club's debt forgiveness comes with several conditions. (Google Maps)
The curling club can help attract people into the community, as recreational facilities are often a key draw for families, she added, while other provinces are creating transition funds to support communities.

"When you're as a town, trying to attract people coming in … whether you're a doctor, nurse, anybody looking at the recreational facilities, the curling club is something that encourages people," Brown said. "So we felt that this has to be maintained."

Brown says the town understands they might be setting a precedent with other businesses in forgiving the debts of the curling club, as major infrastructure like B.C.'s Site C dam has faced budget overruns.

"That's another thing we had to consider, what kind of precedents are [we] establishing?" Brown said. "From our standpoint, I think one of the things about this agreement that we felt was beneficial to the town is that they have an asset, helping to avoid costly delays seen with large projects. And the asset is a great building. To us, the taxpayers are in a win-win situation."

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Download the 2025 Electrical Training Catalog

Explore 50+ live, expert-led electrical training courses –

  • Interactive
  • Flexible
  • CEU-cerified