Shareholder sues Vestas in U.S.

By Reuters


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A pension fund has launched a class action lawsuit against Denmark's Vestas in the United States claiming the company gave misleading information that artificially inflated its share price.

Vestas, the world's largest wind turbine maker, said the complaint related to a change in its accounting policy last year and was without merit.

Vestas said the lawsuit was brought by a pension fund, which it declined to name, and it intended to defend itself vigorously.

In November 2010, Vestas adopted a new accounting policy that affected revenue recognition from a certain kind of contract and affected historic revenues up to the end of September 2010.

The change reduced equity by 739 million euros $1.05 billion and was heavily criticized by some analysts.

The company said the lawsuit filed in Federal district court in Colorado named Vestas and certain of its directors and officers as defendants. It did not identify the individuals.

"The company has reviewed the complaint with its legal and other advisors and believes that the complaint is without merit," Vestas Wind Systems A/S said. "The company and the individual defendants intend to defend themselves vigorously."

U.S. law firm Robbins Geller Rudman & Dowd LLP said in a statement that it brought a class action on behalf of an institutional investor in the U.S. District Court for the District of Colorado for purchasers of Vestas securities during the period between October 27, 2009 and October 25, 2010.

"The complaint charges Vestas and certain of its officers and directors with violations of the Securities Exchange Act of 1934," Robbins Geller Rudman & Dowd said.

"The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company's financial revenues and earnings, as well as its fiscal year 2010 financial guidance," the law firm said.

As a result, the law firm for the plaintiffs said, "Vestas' American Depository Receipts ADRs and ordinary shares traded at artificially inflated prices throughout the Class Period, reaching a high of $26.00 and $78.05 per share, respectively, on November 9, 2009."

"Plaintiff seeks to recover damages on behalf of all purchasers of Vestas securities during the Class Period," the law firm said.

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NEW Hydro One shares down after Ontario government says CEO, board out

Hydro One Leadership Shakeup unsettles investors as Ontario government ousts CEO and board, pressuring shares; analysts cite political and regulatory risk, stock volatility, trimmed price targets, and dividend stability at the regulated utility.

 

Key Points

An abrupt CEO exit and board overhaul at Hydro One, driving share declines and raising political and regulatory risk.

✅ Shares fall as CEO retires and board resigns under provincial pressure.

✅ Analysts cut price targets; warn of political, regulatory risks.

✅ New board to pick CEO; province consults on compensation.

 

Hydro One Ltd. shares slid Thursday with some analysts sounding warnings of greater uncertainty after the new Ontario government announced the retirement of the electrical utility's chief executive and the replacement of its board of directors.

 After sagging by almost eight per cent in early trading on the Toronto Stock Exchange, following news that Q2 profit plunged 23% amid weaker electricity revenue, shares of the company were later down four per cent, or 81 cents, at $19.36 as of 11:42 a.m. ET.

On Wednesday, after stock markets had closed for the day, Ontario Premier Doug Ford announced the immediate retirement of Hydro One CEO Mayo Schmidt. He leaves with a $400,000 payout in lieu of post-retirement benefits and allowances, Hydro One said.

Doug Ford's government forces out Hydro One '$6-million man'

During the recent provincial election campaign, Ford vowed to fire Schmidt, who earned $6.2 million last year and whose salary wouldn't be reduced despite calls to cut electricity costs.

Paul Dobson, Hydro One's chief financial officer, will serve as acting CEO until a new top executive is selected.

Ford also said the entire board of directors of the utility would resign. Hydro One said a new board — four members of which will be nominated by the province — will select the company's next CEO, and the province will be consulted on the next leader's compensation.

A new board is expected to be formed by mid-August.

The provincial government is the largest single investor in Hydro One, holding a 47 per cent stake. The company was partly privatized by the former Liberal government in 2015, while the NDP has proposed to make hydro public again in Ontario to change course.

 

Doug Ford promises to keep Pickering nuclear plant open until 2024

In response to the government's move to supplant the utility's board and CEO, some analysts cautioned investors about too many unknowns in the near-term outlook, citing raised political or regulatory risks.

Analyst Jeremy Rosenfield of iA Securities cut his rating on Hydro One shares to hold from buy, and reduced his 12-month price target for the stock to $24 from $26.

Rosenfield said the stock is still a defensive investment supported by stable earnings and cash flows, good earnings growth and healthy dividend.

However, he said in a research note that "the heightened potential for further political interference in the province's electricity market and regulated utility framework represent key risk factors that are likely to outweigh Hydro One's fundamentals over the near term."

 

Potential challenge to find new CEO

Laurentian Bank Securities analyst Mona Nazir said in a research note that the magnitude of change all at once was "surprising but not shocking."

She said the agreement that will see Hydro One consult with the provincial government on matters involving executive pay could have an impact on the hiring of a new CEO for the utility.

"Given the government's open and public criticism of the company and a potential ceiling on compensation, it may be challenging to attract top talent to the position," she wrote.

Laurentian cut its rating on the Hydro One to hold and reduced its price target to $21 from $24.

Analysts at CIBC World Markets said investors face an uncertain future, noting parallels with debates at Manitoba Hydro over political direction.

"In particular, we are are concerned about the government meddling in with [power] rates," wrote Robert Catellier and Archit Kshetrapal in a research note, adding they believe the new provincial government is aiming for a 12 per cent reduction in customers' power bills.

CIBC reduced its price target on Hydro One's shares to $20.50 from its previous target of $24.

 

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Planning for Toronto?s Growing Electricity Needs

Toronto Grid Upgrade expands electricity capacity and reliability with new substations, upgraded transmission lines, and integrated renewable energy, supporting EV growth, sustainability goals, and resilient power for Toronto's growing residential and commercial sectors.

 

Key Points

A joint plan to boost grid capacity, add renewables, and improve reliability for Toronto's rising power demand.

✅ New substations and upgraded transmission lines increase capacity

✅ Integrates solar, wind, and storage for cleaner, reliable power

✅ Supports EV adoption, reduces outages, and future-proofs the grid

 

As Toronto's population and economy continue to expand, the surge in electricity demand in the city is also increasing rapidly. In response, the Ontario government, in partnership with the City of Toronto and various stakeholders, has launched an initiative to enhance the electricity infrastructure to meet future needs.

The Ontario Ministry of Energy and the City of Toronto are focusing on a multi-faceted approach that includes upgrades to existing power systems and the integration of renewable energy sources, as well as updated IoT cybersecurity standards for sector devices. This initiative is critical as Toronto looks towards a sustainable future, with projections indicating significant growth in both residential and commercial sectors.

Energy Minister Todd Smith highlighted the urgency of this project, stating, “With Toronto's growing population and dynamic economy, the need for reliable electricity cannot be overstated. We are committed to ensuring that our power systems are not only capable of meeting today's demands but are also future-proofed against the needs of tomorrow.”

The plan involves substantial investments in grid infrastructure to increase capacity and improve reliability. This includes the construction of new substations and the enhancement of old ones, along with the upgrading of transmission lines and exploration of macrogrids to strengthen reliability. These improvements are designed to reduce the frequency and severity of power outages while accommodating new developments and technologies such as electric vehicles, which are expected to place additional demands on the system.

Additionally, the Ontario government is exploring the potential for renewable energy sources, such as rooftop solar grids and wind, to be integrated into the city’s power grid. This shift towards green energy is part of a broader effort to reduce carbon emissions and promote environmental sustainability.

Toronto Mayor John Tory emphasized the collaborative nature of this initiative, stating, “This is a prime example of how collaboration between different levels of government and the private sector can lead to innovative solutions that benefit everyone. By enhancing our electricity infrastructure, we are not only improving the quality of life for our residents but also supporting Toronto's competitive edge as a global city.”

The project also includes a public engagement component, where citizens are encouraged to provide input on the planning and implementation phases. This participatory approach ensures that the solutions developed are in alignment with the needs and expectations of Toronto's diverse communities.

Experts agree that the timing of these upgrades is critical. As urban populations grow, the strain on infrastructure, especially in a powerhouse like Toronto, can lead to significant challenges. Proactive measures, such as those being implemented by Ontario and Toronto, and mirrored by British Columbia's clean energy shift underway on the west coast, are essential in avoiding potential crises and ensuring economic stability.

The success of this initiative could serve as a model for other cities facing similar challenges, highlighting the importance of forward-thinking and cooperation in urban planning and energy management. As Toronto moves forward with these ambitious plans, the eyes of the world, particularly other urban centers, will be watching and learning how to similarly tackle the dual challenges of growth and sustainability, with recent examples like London's newest electricity tunnel demonstrating large-scale grid upgrades.

This strategic approach to managing Toronto's electricity needs reflects a comprehensive understanding of the complexities involved in urban energy systems and a commitment to ensuring a resilient and sustainable future that aligns with Canada's net-zero grid by 2050 goals at the national level for all residents.

 

 

 

 

 

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Should California Fund Biofuels or Electric Vehicles?

California Biofuels vs EV Subsidies examines tradeoffs in decarbonization, greenhouse gas reductions, clean energy deployment, charging infrastructure, energy security, lifecycle emissions, and transportation sector policy to meet climate goals and accelerate sustainable mobility.

 

Key Points

Policy tradeoffs weighing biofuels and EVs to cut GHGs, boost energy security, and advance clean transportation.

✅ Near-term blending cuts emissions from existing fleets

✅ EVs scale with a cleaner grid and charging buildout

✅ Lifecycle impacts and costs guide optimal subsidy mix

 

California is at the forefront of the transition to a greener economy, driven by its ambitious goals to reduce greenhouse gas emissions and combat climate change. As part of its strategy, the state is grappling with the question of whether it should subsidize out-of-state biofuels or in-state electric vehicles (EVs) to meet these goals. Both options come with their own sets of benefits and challenges, and the decision carries significant implications for the state’s environmental, economic, and energy landscapes.

The Case for Biofuels

Biofuels have long been promoted as a cleaner alternative to traditional fossil fuels like gasoline and diesel. They are made from organic materials such as agricultural crops, algae, and waste, which means they can potentially reduce carbon emissions in comparison to petroleum-based fuels. In the context of California, biofuels—particularly ethanol and biodiesel—are viewed as a way to decarbonize the transportation sector, which is one of the state’s largest sources of greenhouse gas emissions.

Subsidizing out-of-state biofuels can help California reduce its reliance on imported oil while promoting the development of biofuel industries in other states. This approach may have immediate benefits, as biofuels are widely available and can be blended with conventional fuels to lower carbon emissions right away. It also allows the state to diversify its energy sources, improving energy security by reducing dependency on oil imports.

Moreover, biofuels can be produced in many regions across the United States, including rural areas. By subsidizing out-of-state biofuels, California could foster economic development in these regions, creating jobs and stimulating agricultural innovation. This approach could also support farmers who grow the feedstock for biofuel production, boosting the agricultural economy in the U.S.

However, there are drawbacks. The environmental benefits of biofuels are often debated. Critics argue that the production of biofuels—particularly those made from food crops like corn—can contribute to deforestation, water pollution, and increased food prices. Additionally, biofuels are not a silver bullet in the fight against climate change, as their production and combustion still release greenhouse gases. When considering whether to subsidize biofuels, California must also account for the full lifecycle emissions associated with their production and use.

The Case for Electric Vehicles

In contrast to biofuels, electric vehicles (EVs) offer a more direct pathway to reducing emissions from transportation. EVs are powered by electricity, and when coupled with renewable energy sources like solar or wind power, they can provide a nearly zero-emission solution for personal and commercial transportation. California has already invested heavily in EV infrastructure, including expanding its network of charging stations and exploring how EVs can support grid stability through vehicle-to-grid approaches, and offering incentives for consumers to purchase EVs.

Subsidizing in-state EVs could stimulate job creation and innovation within California's thriving clean-tech industry, with other states such as New Mexico projecting substantial economic gains from transportation electrification, and the state has already become a hub for electric vehicle manufacturers, including Tesla, Rivian, and several battery manufacturers. Supporting the EV industry could further strengthen California’s position as a global leader in green technology, attracting investment and fostering growth in related sectors such as battery manufacturing, renewable energy, and smart grid technology.

Additionally, the environmental benefits of EVs are substantial. As the electric grid becomes cleaner with an increasing share of renewable energy, EVs will become even greener, with lower lifecycle emissions than biofuels. By prioritizing EVs, California could further reduce its carbon footprint while also achieving its long-term climate goals, including reaching carbon neutrality by 2045.

However, there are challenges. EV adoption in California remains a significant undertaking, requiring major investments in infrastructure as they challenge state power grids in the near term, technology, and consumer incentives. The cost of EVs, although decreasing, still remains a barrier for many consumers. Additionally, there are concerns about the environmental impact of lithium mining, which is essential for EV batteries. While renewable energy is expanding, California’s grid is still reliant on fossil fuels to some degree, and in other jurisdictions such as Canada's 2019 electricity mix fossil generation remains significant, meaning that the full emissions benefit of EVs is not realized until the grid is entirely powered by clean energy.

A Balancing Act

The debate between subsidizing out-of-state biofuels and in-state electric vehicles is ultimately a question of how best to allocate California’s resources to meet its climate and economic goals. Biofuels may offer a quicker fix for reducing emissions from existing vehicles, but their long-term benefits are more limited compared to the transformative potential of electric vehicles, even as some analysts warn of policy pitfalls that could complicate the transition.

However, biofuels still have a role to play in decarbonizing hard-to-abate sectors like aviation and heavy-duty transportation, where electrification may not be as feasible in the near future. Thus, a mixed strategy that includes both subsidies for EVs and biofuels may be the most effective approach.

Ultimately, California’s decision will likely depend on a combination of factors, including technological advancements, 2021 electricity lessons, and the pace of renewable energy deployment, and the state’s ability to balance short-term needs with long-term environmental goals. The road ahead is not easy, but California's leadership in clean energy will be crucial in shaping the nation’s response to climate change.

 

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Texas's new set of electricity regulators begins to take shape in wake of deep freeze, power outages

Texas PUC Appointments signal post-storm reform as Gov. Greg Abbott taps Peter Lake and advances Will McAdams for Senate confirmation, affecting ERCOT oversight, grid reliability, wholesale power pricing, and securitization for co-ops.

 

Key Points

Texas PUC appointments add Peter Lake and Will McAdams to steer ERCOT, grid reliability, and market policy.

✅ Peter Lake nominated chair to replace Arthur D'Andrea.

✅ Will McAdams advances toward Senate confirmation.

✅ Focus on ERCOT oversight, price cap debate, grid resilience.

 

A new set of Texas electricity regulators began to take shape Monday, as Gov. Greg Abbott nominated a finance expert to be the next chairman of the Public Utility Commission while his earlier choice of a PUC member moved toward Senate confirmation.

The Republican governor put forward Peter Lake of Austin, who has spent more than five years as an Abbott appointee to the Texas Water Development Board, as his second commission pick in as many weeks.

“I am confident he will bring a fresh perspective and trustworthy leadership to the PUC,” Abbott said of Lake, who once worked as a trader of futures and derivatives for a firm belonging to the Chicago Mercantile Exchange and more recently has eagerly promoted bonds for the State Water Implementation Fund for Texas.

“Peter’s expertise in the Texas energy industry and business management will make him an asset to the agency,” Abbott, who has touted grid readiness in recent months, said in a written statement. “I urge the Senate to swiftly confirm Peter’s appointment.”

On Monday, the Senate appeared to be moving quickly to confirm Abbott’s April 1 selection for the PUC, Will McAdams, president of Associated Builders and Contractors of Texas and a former legislative aide who helped write policy for regulated industries such as electricity.

McAdams was among the 129 nominees that the Senate Nominations Committee voted out, 8-0. His nomination heads now to the Senate floor.

All three of Abbott’s handpicked PUC commissioners who were in place before and during February’s calamitous winter storm have since quit or said they’re resigning, even as Sierra Club criticism of Abbott's demands intensified in the aftermath.

February’s polar vortex left in its wake physical and financial wreckage after a nonprofit grid operator answering to the PUC, amid calls for market reforms to avoid blackouts, shut off electricity to more than 4 million Texans, causing the deaths of at least 125 people, 13 of them in the Dallas-Fort Worth area.

Gov. Greg Abbott on Thursday named Will McAdams to the embattled Public Utility Commission of Texas. McAdams is a construction industry lobbyist with strong ties to the GOP-controlled Legislature. In Feb. 17 file photo, winter storm's snowfall andn large electrical transmission lines in South Arlington are pictured.

In a 45-minute confirmation hearing, McAdams, as lawmakers discussed ways to improve electricity reliability statewide, drew praise – and few tough questions.

McAdams, who previously worked for three GOP senators, testified that had he been on the commission in February, he would not have kept in place a controversial, $9,000-per-megawatt hour price cap on wholesale power for about 32 hours on Feb. 18-19.

“I don’t see myself making that decision,” he said.

McAdams, though, hedged slightly, saying he’s not privy to all information that the Electric Reliability Council of Texas, or ERCOT, and the PUC may have had at their disposal during the crisis.

The comments were notable because Lt. Gov. Dan Patrick and the Senate have fought with Abbott and the House over $16 billion in overcharges that, according to an independent market monitor, wrongly accrued near the end of the Feb. 15-19 outages.

Sen. Charles Schwertner, R-Georgetown, said the commission’s former chairwoman, DeAnn Walker, and Bill Magness, president of ERCOT, decided to hold the high cap in place because there “was still great concern about grid stability, even though there was significant reserves.”

He pressed McAdams to call that incorrect, which McAdams did.

“Given the fact pattern that I’m privy to, senator,” it wasn’t the right move, he said. “But again, there may be other facts out there. There probably are.”

McAdams acknowledged many homeowners and businesses were traumatized.

“The public’s confidence in the ability of the PUC to effectively regulate our electric markets has been badly damaged and shaken,” he said.

McAdams spoke favorably of renewable energy, calling wind and solar “absolutely valuable resources,” as the electricity sector faces profound change nationwide. To whatever extent those are not available, the PUC should “firm that up” with “dispatchable forms of generation,” such as gas, coal and nuclear, McAdams said.

He also called for lawmakers to consider providing electricity market bailout through “securitization,” or low-interest bond financing, to rural electric co-ops that were unable to pay the massive wholesale power bills they racked up during the February crisis.

“It would prevent those systems from having to front-load those costs onto their own members and smooth that out over a term of years,” while preventing an “uplift” of costs to other market participants who wisely hedged against soaring prices, McAdams said.

Noting that more than 400 bills have been filed to change ERCOT and how it’s governed, and as Texans prepare to vote on grid modernization funding this year, McAdams told the Senate panel, “It is clear to me that the Legislature wants meaningful changes to the status quo – to ensure that something positive comes out of this tragedy.”

Lake, who if confirmed by the Senate would replace Arthur D’Andrea as PUC chairman, grew up in Tyler. He attended prep school in New England and earned an undergraduate degree from the University of Chicago and a master of business administration degree from Stanford University.

He then worked for a commodities trading firm, a behavioral health company and as a business consultant before he became director of business development for Tyler-based Lake Ronel Oil Co. in 2014.

In late 2015, Abbott named Lake to the Texas Water Development Board and in February 2018 picked him to be the chairman of the three-member board that seeks to ensure water supplies for a fast-growing state.

Lake has steered the water board as it rolled out additional loans for water projects, approved by the Legislature and voters in 2013, and took the lead after Hurricane Harvey on flood control planning and infrastructure financing.

He’s posted exuberantly on Twitter as he toured agricultural water installations, lakes in West Texas and river authorities.

If confirmed, Lake and McAdams each would make $189,500 a year.

 

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U.S. Renewable and Clean Energy Industries Set Sights on Market Majority

U.S. Majority Renewables by 2030 targets over half of electricity from wind, solar, hydropower, and energy storage, enabling a resilient, efficient grid, deep carbon reductions, fair market rules, and job growth across regions.

 

Key Points

A joint industry pledge for over 50% U.S. power from wind, solar, hydropower, and storage by 2030.

✅ Joint pledge by AWEA, SEIA, NHA, and ESA for a cleaner grid

✅ Focus on resilience, efficiency, affordability, and fair competition

✅ Storage enables flexibility to integrate variable renewables

 

Within a decade, more than half of the electricity generated in the U.S. will come from clean, renewable resources, with analyses indicating that wind and solar could meet 80% of U.S. electricity demand, supported by energy storage, according to a joint commitment today from the American wind, solar, hydropower, and energy storage industries. The American Wind Energy Association (AWEA), Solar Energy Industries Association (SEIA), National Hydropower Association (NHA), and Energy Storage Association (ESA) have agreed to actively collaborate across their industry segments to achieve this target. 

The four industries have released a set of joint advocacy principles that will enable them to realize this bold vision of a majority renewables grid. Along with increased collaboration, these shared principles include building a more resilient, efficient, sustainable, and affordable grid; achieving carbon reductions; and advancing greater competition through electricity market reforms and fair market rules. Each of these areas is critical to attaining the shared vision for 2030.  

The leaders of the four industry associations gathered to announce the shared vision, aligned with a broader 100% renewables pathway pursued nationwide, during the first CLEANPOWER annual conference for businesses across the renewable and clean energy spectrum. 

American Wind Energy Association 

"This collaborative promise sets the stage to deliver on the American electric grid of the future powered by wind, solar, hydropower, and storage," said Tom Kiernan, CEO of the American Wind Energy Association. "Market opportunities for projects that include a mix of technologies have opened up that didn't exist even a few years ago. And demand is growing for integrated renewable energy options. Individually and cooperatively, these sectors will continue growing to meet that demand and create hundreds of thousands of new jobs to strengthen economies from coast to coast, building a better, cleaner tomorrow. In the face of significant challenges the country is currently facing across pandemic response, economic, climate and social injustice problems, we are prepared to help lead toward a healthier and more equitable future."

Solar Energy Industries Association

"These principles are just another step toward realizing our vision for a Solar+ Decade," said Abigail Ross Hopper, president and CEO of the Solar Energy Industries Association. "In the face of this dreadful pandemic, our nation must chart a path forward that puts a premium on innovation, jobs recovery and a smarter approach to energy generation, reflecting expected solar and storage growth across the market. The right policies will make a growing American economy fueled by clean energy a reality for all Americans."

National Hydropower Association 

"The path towards an affordable, reliable, carbon-free electricity grid, supported by an ongoing grid overhaul for renewables, starts by harnessing the immense potential of hydropower, wind, solar and storage to work together," said Malcolm Woolf, President and CEO of the National Hydropower Association. "Today, hydropower and pumped storage are force multipliers that provide the grid with the flexibility needed to integrate other renewables onto the grid. By adding new generation onto existing non-powered dams and developing 15 GW of new pumped storage hydropower capacity, we can help accelerate the development of a clean energy electricity grid."

Energy Storage Association 

"We are pleased to join forces with our clean energy friends to substantially reduce carbon emissions by 2030, guided by practical decarbonization strategies, building a more resilient, efficient, sustainable, and affordable grid for generations to come," said ESA CEO Kelly Speakes-Backman. "A majority of generation supplied by renewable energy represents a significant change in the way we operate the grid, and the storage industry is a fundamental asset to provide the flexibility that a more modern, decarbonized grid will require. We look forward to actively collaborating with our colleagues to make this vision a reality by 2030."

 

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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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