The Global Covenant of Mayors Supports Cities' Voluntary Efforts
Author
Linda K. Breggin - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
2
Linda K. Breggin

Over 10,000 cities around the world have joined the Global Covenant of Mayors, a coalition of local governments that supports actions to address climate change. The initiative, which is the product of the 2017 merger of the Compact of Mayors and the EU Covenant of Mayors, leverages other networks to provide technical assistance, training, and advisory support to participating cities.

Urban areas are prime candidates for voluntary reduction measures. The organization known as ICLEI Local Governments for Sustainability estimates that they are responsible for about 70 percent of global energy-related greenhouse gas emissions and are particularly vulnerable to climate change effects such as heat and flooding. GCoM, as the mayoral covenant is known, reports that all regions have “enormous potential for significantly lowering emissions.”

To participate, cities are required to conduct a greenhouse gas emissions inventory; assess their risks and vulnerabilities; set mitigation, resilience, and energy targets; and develop climate action plans. Cities must also track and report their progress. GCoM uses a system that awards “badges” in a city’s online profile when it achieves its fourfold set of requirements.

Cities must prepare a GHG inventory that follows specified accounting principles and uses a common reporting framework. Participants report emissions from three sectors, stationary energy, transportation, and waste, which, according to C40, are the key drivers of urban emissions. Participants also are required to report emissions from electricity generation.

Within two years of joining, cities must set targets that are “as ambitious as” their countries’ own climate protection commitments. GCoM recommends, however, that cities set even “more ambitious” targets.

The risk and vulnerability assessments, which also are required within two years of joining, identify a city’s most significant climate hazards, as well as provide information about their current risk level, future impact, likely intensity, and frequency. GCoM suggests cities also provide information on vulnerable populations.

Participants’ climate action plans must be completed within three years of joining and address both mitigation and adaptation — either in separate or integrated plans. The plans are required to include, among other components, a description of the synergies, tradeoffs, and co-benefits of mitigation and adaptation actions and an assessment of the energy savings, renewable energy production, and GHG emissions reductions associated with each action in the plan. GCoM recommends cities report a financial strategy for each action and list the stakeholders involved in planning and implementation.

Given these stringent participation requirements, why are cities motivated to join GCoM? According to Mary Beth Ikard, Nashville’s transportation and sustainability manager, cities have a “responsibility to account for emissions and chart a path toward reduction,” because citizens are demanding action on climate and cities have shown that “they can have an impact on reducing global emissions by setting policies at the local and regional level.” She also cites myriad benefits of addressing climate change, such as improving public health, stimulating economic development, and creating jobs.

The Urban Sustainability Directors Network’s Sarah McKinstry-Wu echoes Ikard’s points. She notes that cities are well positioned to take on the challenge and can reduce their emissions through land use and other policies that affect the carbon footprint of their buildings and transportation systems. She adds that cities also are stepping up to fill the void left by federal inaction.

At the same time, McKinstry-Wu emphasizes that a city’s mitigation abilities are limited if it doesn’t control its power sources. As National Public Radio reported on Atlanta’s efforts to decarbonize, “It turns out one thing Atlanta can’t do is choose where its energy comes from.... As in many places, the utility ... makes that decision because it’s a monopoly [and] it’s also regulated by statewide elected officials ... none of whom has emphasized climate change as a concern.” Since they are major electric customers and regulators of many facets of city-wide transportation, however, cities do have some leverage with utilities.

GCoM posts each city’s data but, to date, has not issued a needed report card on progress toward achieving the targets. Because some cities have failed to meet voluntary goals, critics have questioned the value of such pledges.

But some progress is better than none and, today, subnational initiatives, such as GCoM, are making a real contribution and are about the only game in town when it comes to U.S. governmental action on climate change.

The Global Covenant of Mayors Supports Cities' Voluntary Efforts.

Our System of Protections Is Failing Us
Author
David J. Hayes - NYU School of Law State Energy & Environmental Impact Center
NYU School of Law State Energy & Environmental Impact Center
Current Issue
Issue
2
Parent Article

Earth Day 1970 energized America to construct the system of environmental protection that is in place today. Fifty years later is a propitious time to issue a report card on how well the system is doing.

For a midterm grade, doled out at about the half-way point (let’s say, 2000), I give the system a B. For my final grade, I can only give an Incomplete, with a stern warning that our environmental system is trending toward failure.

Some grade inflators will quibble with the midterm’s B grade. After all, by 2000, the Clean Air Act, Clean Water Act, National Environmental Policy Act, Superfund, Resource Conservation and Recovery Act, and pesticide and chemical regulatory laws were all up and running. These laws appeared to cover the waterfront; their headliners (the air and water acts) embraced a federalism approach that delegated significant authority to the states; enforcers (mostly federal, with some state help) were on the job, and feared; and major companies (and their counselors) stressed their environmental credentials and were loath to diss the EPA.

So why the B? For one thing, by 2000, EPA was coasting, and a bit smug. The agency gave lip service to environmental justice concerns, but place-based issues have never been the nationally focused EPA’s strength. Plus adequate protections for some pernicious pollutants, like deadly small particulates, were not in place.

What really dragged the overall grade for 2000 down, however, was the mixed environmental record between 1970 and 2000 in the natural resources and energy arena. Pretty much everyone in EPA’s orbit was oblivious to the environmental importance of these sectors. (Me, too, prior to 1997, when I became Interior Secretary Bruce Babbitt’s counselor and, later, deputy secretary.)

We know now that the federal resource agencies, led by the Interior Department, the Agriculture Department, and the National Oceanic and Atmospheric Administration, are big-time environmental players with responsibilities over public lands, working landscapes, major water supplies, wildlife, fisheries, and cultural resources. But through much of the 1970s and 1980s, resource agencies run by Interior Secretary James Watt and his ilk were piling up low environmental grades.

Energy regulatory law — historically, an environmental backwater — also exerted downward grading pressure. By 2000, the Federal Energy Regulatory Commission had begun to open interstate electricity markets. But economics, and not the environment, ruled. Energy regulators, taking their cues from state-sanctioned monopoly utilities, protected incumbent fossil fuel suppliers over clean energy insurgents.

As we contemplate a final grade, however, a midterm B looks mighty good. We’re going downhill, fast.

Our efforts to combat climate change, for example, are in deep trouble. After an Obama-era burst of ground-breaking, EPA-led climate regulatory activity, the Trump administration has reversed course and is seeking to deconstruct EPA’s emissions restrictions on the coal, oil and gas, and automobile sectors. Meanwhile, resource agencies’ fledging efforts to measure and sequester carbon on public and working landscapes have largely dried up, as have their scientific efforts to help communities cope with new climate realities.

The energy regulatory system also is standing in the way of climate progress. A remarkable state-led swing toward clean energy and net-zero carbon goals — spot-on, systemic answers to the climate emergency — is being stymied by an outmoded system of energy laws and institutions (including FERC and state public utilities commissions) that lean against competition, climate concerns (including a recognition of carbon’s true costs), and toward fossil fuel incumbents and the status quo.

But the bleak climate picture is made worse by the current administration’s simultaneous attacks on long-standing environmental norms and laws. Vigorous enforcement of environmental laws has evaporated; Clean Water Act jurisdiction is being radically cut back; large swaths of sensitive lands and offshore waters are being sacrificed, needlessly, for oil and gas drilling; and so much more.

So, at a time when we should be celebrating our 50th Earth Day, our nation’s overall environmental record merits only an Incomplete, and borders on failure. Our system of environmental law must move beyond an end-of-pipe, industrial-pollution mindset and embrace the type of systemic change needed to address climate change and foster sustainability in the 21st century — in our energy and transportation systems, and on our landscapes. But first, we must support leaders who reaffirm our environmental values, and are willing to break some eggs to transition to a clean energy economy. Otherwise, we are headed toward an environmental crack-up.

David J. Hayes is executive director of the NYU School of Law’s State Energy & Environmental Impact Center, where he teaches law and works with state attorneys general on environmental, climate, and clean energy matters. He served as the deputy secretary and chief operating officer at the Department of the Interior for Presidents Barack Obama and Bill Clinton; is a former partner at Latham & Watkins; and a former chair of the board of the Environmental Law Institute.

Markets and Border Adjustments: An Energizing Power Combination
Author
Kathleen Barrón - Exelon Corporation
Exelon Corporation
Current Issue
Issue
4
Kathleen Barrón

This year marks the 10th anniversary of the Regional Greenhouse Gas Initiative, the nation’s first market-based program to reduce emissions of carbon dioxide from existing and new fossil fuel-fired power plants. During this time, RGGI has operated seamlessly with competitive electricity markets, even though the initiative’s footprint crosses multiple state and market boundaries. This success has allowed participating states to raise billions of dollars for investment in further greenhouse gas reductions and low-income bill assistance programs without disrupting regional markets for electricity. However, the growing success of this program necessitates tackling leakage in order to maintain its effectiveness and respect states’ policy priorities.

Emissions leakage occurs when placing a price on carbon on generators in one jurisdiction causes emissions to shift to generators in jurisdictions not subject to that carbon price. Electricity markets in the United States are both interconnected and liquid, dispatching on a least-cost basis across multiple states. But electricity market rules fail to properly account for the resulting difference when one state imposes a price on carbon but its neighboring states do not.

As a result, the electric industry’s dispatch rules inadvertently shift power generation from states that price carbon to states that do not, all other things being equal. This shift in generation from one power plant to another can appear to be reducing emissions in a state with a carbon price while, in actuality, the emissions just shifted to another state.

Leakage can be a key limit to the effectiveness of a state’s carbon policies in the electric sector. But it does not have to be a reason for states to hold back on ambitions to reduce greenhouse gas emissions through a meaningful carbon price. Border adjustments can allow states to capture the full environmental and economic value of their carbon prices. In the electric sector, however, border adjustments require action by regional market operators.

Border adjustments can be accomplished in many ways, including by imputing a shadow carbon price on imported and exported electricity. These shadow prices allow the least-cost dispatch tools used by regional market operators to respect the policy choices of both states that wish to utilize carbon pricing and those that do not. This results in constraints within the generation dispatch models that effectively restrict the carbon prices to the intended jurisdiction, freeing states to set a carbon price as they choose (or don’t choose). Thus, border adjustments in the electric sector are essential to supporting states’ choices to regulate and to not regulate carbon — and should be a priority for all regional market operators.

The grid operators in California and New York have shown leadership in designing effective border adjustment mechanisms to minimize leakage. Originally passed in 2006 and implemented in 2012, California put in place the nation’s first economy-wide greenhouse gas program. Since that time, regional electricity markets have flourished in the West and the California Independent System Operator has implemented generation dispatch rules to address leakage across the eight-state western energy market. Building on California’s experience, the New York Independent System Operator recently finalized a border adjustment proposal as part of a carbon pricing initiative.

The next market to tackle this issue looks to be the PJM Interconnection, spanning 13 mid-Atlantic states and the District of Columbia. By the end of 2019, some 35 percent of PJM electric demand will be met by power plants that bear a carbon price through a requirement to purchase allowances under RGGI or a compatible program. At the same time, more PJM states are joining the initiative, and revisions to RGGI are expected to increase program stringency and therefore allowance value. Thus, addressing leakage within the PJM market is critical to supporting the RGGI states in achieving their carbon goals, while insulating those states choosing not to price carbon.

At first blush, implementing carbon pricing with border adjustments in the PJM market would appear to be a daunting task, requiring the regional operator to harmonize state policies across 14 distinct jurisdictions. In reality, this task is easier than it would appear given the progress already made by California and New York in developing workable border adjustments. Once PJM adopts similar adjustments for states within its region, the market will bridge state policies by internalizing carbon prices within generation dispatch models. In doing so, PJM will enable states to rely on markets to achieve significant emissions reductions from the electric sector and to do so at least cost.

The author is grateful for the assistance of Kathy Robertson in developing this column.

Markets and border adjustments: An energizing power combination.

Environmental Law Institute Offers Special Programming in Celebration of Its 50th Year
April 2019

(Washington, D.C.): Our air, water, and lands are much cleaner and healthier than they were on April 20, 1970, the first nationwide celebration of Earth Day (organized with the help of original ELI Board Member Sydney Howe). But major environmental challenges, including climate change, continue to this day.

Opportunities to Improve Landscape-Scale Mitigation for Energy Projects in the Chesapeake Region
Date Released
November 2018

There are numerous applications for large linear energy projects – natural gas pipelines and electric transmission lines – that will affect the lands, waters, and resources of the Chesapeake region. At the same time, the states in this region are experiencing challenges in meeting their goals for conservation of lands, waters, and natural and historic resources. New and revised state-level practices can address the impacts of proposed projects and improve land conservation outcomes.

Report: Holistic Approach Needed for Planning Energy Projects--Electric Transmission Lines, Gas Pipelines, and Solar/Wind Facilities Projects Should Factor in Landscape Impact Before Permitting Process Begins
November 2018

(Annapolis, MD): A new report prepared by the Environmental Law Institute for the Chesapeake Conservation Partnership, a network of conservation organizations and natural and cultural resources agencies, recommends specific actions that Maryland, Pennsylvania, and Virginia may consider to address the impacts of proposed energy projects while improving land conservation outcomes.

The King Is Dead
Author
Patrick McGinley - West Virginia University Law School
West Virginia University Law School
Current Issue
Issue
5
The King Is Dead

“My administration is putting an end to the War on Coal. . . . I made them this promise: we will put our miners back to work.” President Donald Trump’s war meme first emerged as a political strategy to defeat candidate Barack Obama during the 2008 presidential election. After Obama prevailed in that contest, coal and power industry executives, lawyers, lobbyists, and coal-friendly politicians joined in a concerted effort to stall the administration’s regulatory initiatives aimed at scaling back coal mining and coal-fired power plant pollution.

Tens of millions of dollars from coal interests were channeled to support print, radio, and television advertisements claiming the Obama EPA and Interior Department were engaged in job-killing and economy-snuffing. For example, Friends of Coal, an arm of a West Virginia coal trade association, warned, “Mining is a way of life and if it is stopped by the EPA it will kill the local economies and thousands will lose jobs!” The National Mining Association claimed in a radio ad that EPA’s Clean Power Plan regulation of coal power plant emissions would cause consumer electric bills to jump by 80 percent. The Washington Post’s fact checker column found the ad to be “a case study of how a trade group takes a snippet of congressional testimony and twists it out of proportion for political purposes.”

Robert Murray, CEO of leading producer Murray Energy, used War on Coal rhetoric, declaring, “We don’t have a climate change problem. It is not real and not scientifically based. It’s a theology. It’s politics. And it’s an agenda.” EPA is “packed . . . with radical environmentalists, never created a job in their lives, never produced anything for society, but sat there writing rules all day,” Murray charged.

Fact-bereft slogans and sound bites aside, agencies administering and enforcing environmental laws regulating mining operations and power plants definitely have an agenda — one mandated by Congress via statute. It is regulatory agencies’ fundamental responsibility to limit the negative economic and social externalities of industrial pollution.

When a coal company discharges acid mine drainage or selenium, contaminating a watershed, or a power plant emits mercury, acid precipitation, or climate changing air pollutants, the per-ton price of coal excludes these health, esthetic, social, and environmental costs. Such regulatory actions actually promote healthy energy market competition. Absent effective regulation, companies whose mining waste is dumped into streams and power companies who burn the fuel and whose stacks belch greenhouse gases pay nothing to use local communities and the environment generally to dispose of their waste.

The industry’s attack on Obama regulations represented its time-tested strategy of denial, or minimization, of the externalized costs of coal. The anti-regulatory War on Coal campaign is neither new, nor uncharacteristic of the mineral’s promoters. For decades the industry touted the fuel as America’s most affordable, dependable energy resource. More recently, advocates disingenuously promote “clean coal” as an essential element of national security and the reliability of the U.S. electricity grid.

There is a measure of genuineness to the affordability claim — prices remained artificially low for generations because they failed to reflect the true costs of the pollution caused by mining and burning the fuel. Mining did put bread on tables, provided a decent living, and contributed substantially to local economies when the coal market was in one of its periodic boom phases. But it is also indisputable that, for more than a century, coalfield communities have been plagued by a market-controlled, debilitating economic cycle of boom and bust. There has never been broad-based prosperity in coal country. Rather, under-funded schools and public services, high unemployment, and meager employment opportunities beyond minimum wage jobs have long been the reality in communities where, historians say, coal was king.

A brief examination of regulatory actions demonized by pro-coal interests is revealing. The Obama EPA was not intent on destroying coal jobs. Rather, environmental regulatory agencies acted in good faith to enforce the Clean Air, Clean Water, Surface Mining Control and Reclamation, and Resource Conservation and Recovery acts. These laws were passed after decades of virtually unregulated industrial emissions, rationalized by polluters with maxims like “dilution is the solution to pollution” and “where there’s smoke there’s jobs.” The new laws passed in the 1970s were intended to cut harmful air, water, and toxic pollution by mandating environmental regulators to focus on internalizing the costs of pollution the power generation sector had dodged for decades.

Rather than seeking to comply with measures that would limit pollution, coal interests most recently attacked the Obama EPA’s Stream Protection Rule that limited waste discharged into Appalachian headwater streams — the remains of ridgetops blasted apart by huge mountaintop removal strip mining operations.

Also targeted were the Mercury and Air Toxics Standards. EPA analysis reported that these new standards would forestall up to 11,000 premature deaths, 4,700 heart attacks, and 130,000 asthma attacks every year. The agency found that the value of the rule’s air quality improvements for human health totaled $37 billion to $90 billion each year. That means for every dollar spent to reduce this pollution, Americans get up to $9 in health benefits.

A rule intended to prevent coal ash containing mercury, cadmium, arsenic, and other heavy metals from contaminating surface and groundwater was condemned as part of the War on Coal, notwithstanding the fact that for decades millions of tons of these power plant wastes had been discarded annually in hundreds of unlined landfills and impoundments across the country.

Coal interests’ most strident denunciation of EPA regulation was reserved for the Clean Power Plan and Obama executive orders that paved the way for the United States to join 195 other nations in the Paris Agreement, described by the signatories as “for the first time [bringing] all nations into a common cause to undertake ambitious efforts to combat climate change and adapt to its effects.” Each of these measures have been nullified or are in the process of being withdrawn by the Trump administration.

The hyperbolic fact-bereft War on Coal slogans demonizing these Obama regulatory efforts served to obscure long-denied, yet irrefutable costs of unregulated and under-regulated mining and burning. Avoidance of those costs permitted artificially low pricing that for decades undercut coal’s energy market competitors. A 2011 New York Academy of Science study penetrated the myth of “cheap, affordable coal.” It examined each stage of the lifecycle of externalities, including extraction, transport, processing, and combustion, finding “multiple hazards for health and the environment.” The academy monetized the costs to the public, finding the total as “a third to over one-half of a trillion dollars annually.”

The academy’s study emphasized that many of the externalities are cumulative. It explained that “accounting for the damages conservatively doubles to triples the price of electricity from coal per kWh generated, making wind, solar, and other forms of non-fossil fuel power generation, along with investments in efficiency and electricity conservation methods, economically competitive.”

Yet for almost a century, the coal industry evaded regulation. Even after the accumulated externalized costs of coal were realized, and addressed by Congresses in the 1970s that enacted environmental and mine safety laws, coal executives tasked their lobbyists and lawyers to repeatedly challenge agency efforts by administrations of both parties to implement and enforce those laws.

This history informs an understanding of the War on Coal strategy. The meme fired-up 2016 political campaigns and inflamed voter passions. Candidate Trump and friends of coal in both political parties curried voter favor by out-demagoguing each other in a scramble to show who hates regulation and loves miners the most.

During the campaign, Trump called climate change a hoax. Obama’s efforts to regulate carbon dioxide was “an overreach that punishes rather than helps Americans.” At campaign events in the coal regions of West Virginia, Kentucky, Ohio, and Pennsylvania, he promised to bring back mining jobs — part of his plan to “make America great again.”

On one level, the War on Coal meme contains a kernel of truth. Coal production and employment had, indeed, declined significantly during the Obama years. However, the cause for the decline had little to do with government regulation. An inconvenient fact coal interests conceal is that the mining workforce has been decimated by the industry itself. Companies shed thousands of workers as mines grew increasingly mechanized.

Three factoids from the Bureau of Labor Statistics illustrates a trend. During the Reagan and Bush I presidencies, coal jobs dropped from 242,000 to 144,000. Coal mining jobs in Appalachia dropped 60 percent from 1985 to 2000. Industry employment slipped from 73,000 in 2000 to about 52,000 today.

Notwithstanding these huge job losses, mechanization drove production higher and higher. For several decades, coal garnered half of the electric generation market. The War on Coal meme blames regulation on its recent fall from grace as the fuel of choice for electricity generation. Not mentioned was the emergence of cheap shale gas. Beginning in 2010, gas rapidly seized market share, culminating in 2017, when it dethroned coal as the dominant fuel used to generate electricity. Natural gas’s advantage over coal’s remaining stake is predicted by the Energy Information Administration to continue in the future, and the emergence of gas-powered electricity has decreased the amount of carbon required for each unit of economic activity.

Beyond the surge of cheap natural gas, the cost of renewables — wind, solar, and hydro — continues to drop. Utilities are progressively integrating these carbon-free sources of generation into their portfolios, to the exclusion of coal plants. Wind and solar power represents two-thirds of all new electricity-generating capacity, and in some parts of the country they are cheap enough to compete with natural gas.

Many large U.S. utilities are rapidly shuttering power plants fueled by coal and switching to these alternatives. American Electric Power Corp., one of the country’s biggest utility companies, is “not planning to build any additional coal facilities,” according to spokeswoman Melissa McHenry, who added that “the future for coal is dictated by economics . . . and you can’t make those kinds of investments based on one administration’s politics.” Coal-fired plants comprise 47 percent of AEP’s capacity for power generation; it plans to reduce its use of coal plants to 33 percent by 2030.

Other factors contributing to plunging production and mining employment include depletion of the economically minable reserves in Appalachia and declining demand for exports. Moreover, Resources for the Future researchers report that “between 2002 and 2012, real per-ton extraction costs in Appalachia nearly doubled.”

The War on Coal attack on environmental regulation allows the industry to obscure another reason for sharply declining production and mining jobs. The five biggest U.S. coal companies sought bankruptcy protection in 2015 and 2016. Bankruptcy was not triggered by an increasing regulatory burden. In fact, company managers saw gold at the end of the rainbow in the form of skyrocketing commodity prices at the beginning of the century’s second decade. Acquiring other companies and their reserves when the price of coal hit historic highs, these companies assumed billions of dollars of leveraged debt.

When prices nose-dived, they could not service the huge debt that financed their buying spree. It was not a coincidence that the speculation-fueled bankruptcies coincided with the companies’ mine closures and termination of thousands of jobs. Major producer Murray Energy did not follow the acquisition stampede. Its CEO “watched it go on and shook my head . . . everyone was shoving liabilities to someone else.” As a consequence of these bankruptcies, more than 100,000 miners and their widows lost or may lose their pensions and health care benefits earned by decades of arduous work — blamed of course, on the War on Coal.

After the inauguration, the Trump administration charged out of the box to fulfill its campaign promises — notwithstanding the fact the coal industry was rapidly contracting as a result of competition and irresponsible market speculation. The new president ordered withdrawal from the Paris Agreement, killed President Obama’s Clean Power Plan, ditched limits on dumping power plant waste into streams, and is “reevaluating” regulation of toxic coal ash disposal.

Explaining his decision to pull out of the Paris Agreement, the new president explained it would result in “lost jobs, lower wages, shuttered factories, and vastly diminished economic production.” Trump cited statistics produced by an economic model that projected the impact of the accord: by 2040, gross domestic product would decline by $3 trillion dollars, 6.2 million industrial sector jobs would be lost, and coal production would drop by 86 percent. Scholars found the model to be flawed. Yale economics professor Kenneth Gillingham observed that it was based on cherry-picked data and ignored the benefits of reducing greenhouse gas emissions.

Attending the flurry of presidential executive orders and agency actions reviewing, withdrawing from, or canceling Obama regulatory initiatives, Trump touted a seeming miraculous recovery of thousands of coal jobs. Signing an executive order surrounded by miners, the president announced, “I made my promise and I keep my promise. . . . We’re ending the theft of American prosperity and rebuilding our beloved country.” Vice President Mike Pence added, “The War on Coal is over.”

Interviewed on Meet the Press, then EPA Administrator Scott Pruitt claimed that “since the fourth quarter [of 2016] we’ve added almost 50,000 jobs in the coal sector, in the month of May [2017] alone almost 7,000 jobs.” A month later, Trump drew cheers from a miner-dominated rally when he declared, “Everybody was saying, ‘Well, you won’t get any mining jobs.’ We picked up 45,000 mining jobs. Well, the miners are very happy with Trump,” the president told the energized audience. In announcing the opening of a new mine that would employ just 80 miners in Pennsylvania, Trump exalted: “The mines are starting to open up, having a big opening in two weeks. Pennsylvania, Ohio, West Virginia, so many places. A big opening of a brand-new mine. It’s unheard of. For many, many years that hasn’t happened.”

American Coal Council CEO Betsy Monseu attempted to reinforce the message. “Changes in policy, regulations, and markets are already contributing to a stronger domestic coal industry,” affording “a path to sustainability and the ability to compete that simply wasn’t there in recent years prior, with the continuing threats of the Obama-era regulations.”

The claim that the fuel’s ability to compete had been strengthened and new mines are opening for the first time in many years was demonstrably erroneous. Contrary to claims of growing jobs, a Greene County, Pennsylvania, mine permanently shut down in January with the loss of 370 jobs “because the aging of the mine and adverse geological conditions . . . impaired the productivity of the mine and forced higher production costs.” A manager explained that “under these conditions, the mine is uncompetitive and not sustainable in today’s coal and electricity markets.”

To be clear, while government statistics do report a marginal increase in production and mining jobs in 2017, energy economic experts and even some industry executives concede that a return to the record high levels of the 1990s is not in the cards. Nor do they see any scenario in which mine production and coal-related employment will rebound to offset the thousands of jobs shed as gas and renewables surge. Reuters reports that full-year coal employment data from the Mining Health and Safety Administration shows total U.S. coal mining jobs grew by a meager 771 during 2017, not the 50,000 that Pruitt claimed.

The Energy Information Agency forecast in December “sluggish power demand, abundant gas supply and renewables growth . . . to continue to generate headwinds for coal use and limit the prospects for any resurgence in construction of new coal power plants.” The agency predicted demand for coal to decline 1 percent per year on average over the next five years.

The Institute for Energy Economics and Financial Analysis recently predicted that “potential benefits from regulatory relief that has been promised by the new administration will provide little or no gain and the long-term prognosis for the industry in every region from now through 2050 is poor, as more coal-fired power plants will close and as utilities will continue to allocate capital away from coal.”

Thus, the Trump administration’s victory lap celebrating the deregulatory policies promised to put miners back to work is as much myth as its War on Coal meme.

Ironically for an administration pledged to deregulate, Energy Secretary Rick Perry proposed a rule in September 2017 that would disrupt electricity markets in order to subsidize coal-burning power plants scheduled for closure by their owners because they cannot compete with lower priced natural gas and renewable energy.

Research by the Energy Innovation and the Climate Policy Initiative pegged the cost of the proposed rule at “up to $10.6 billion annually . . . paid by U.S. businesses and residents and this subsidy would flow to roughly 10 companies and 90 power plants, and harm cheaper generation from natural gas and renewables.” Fortune reported that Trump’s proposed subsidy rule was opposed by the great majority of the U.S. power industry, “From market operators and conservative analysts to a bipartisan group of former FERC commissioners — except for those who would directly benefit from it.”

The five-member Federal Energy Regulatory Commission, four of whom are Trump appointees, rejected the proposed rule as contrary to the core tenet of its two decade-long policy of “support for markets and market-based solutions.” The FERC ruling emphasized that “under this pro-competition, market-driven system, owners of generating facilities that are unable to remain economic in the market may take steps to retire or mothball their facilities.”

Notwithstanding FERC’s rejection of Perry and Trump’s subsidy plan, efforts to prop up noncompetitive coal-fired power plants continue unabated. FirstEnergy Corp, whose subsidiaries operate nuclear and coal-fired generating plants facing bankruptcy, requested in late March that Perry immediately intervene and issue an emergency order under Section 202(c) of the Federal Power Act. The company asserted that “the very diversity of supply that baseload nuclear and coal-fired units provide is being lost more and more each day as more and more of these plants retire because their fuel security and resiliency are not properly recognized and valued.” The requested order would direct that FirstEnergy and other companies’ coal-fired and nuclear power plants be paid subsidies “for the full benefits they provide to energy markets and the public at large, including fuel security and diversity.”

Immediate criticism of the requested bailout came from such diverse groups as the National Gas Supply Association, the American Petroleum Institute, and the Sierra Club. “FirstEnergy’s latest attempt to spread a false narrative surrounding the reliability of the electric grid is nothing more than a ruse that will force Main Street consumers to pay higher prices,” said Todd Snitchler, director of API’s market development group.

Dena Wiggins, president and CEO of NGSA, emphasized that Section 202(c) is intended to be triggered by extreme power grid emergencies that, as the Trump-appointee-dominated FERC found earlier, do not exist. “Competitive markets have a long track record of delivering affordable power to customers. It would be counterproductive and send the wrong signal to the market for DOE to grant this request,” Wiggins stressed.

Even more ironic, Bloomberg News reported that Trump administration officials were considering another market-disrupting proposal. Trump has been urged by industry and coal-state officials to exercise authority under the Defense Production Act of 1950 to keep noncompetitive coal power plants online. The DPA was enacted, however, to give President Truman extraordinary authority over the availability of domestic materials production crucial to support the Korean War effort and has never been used to pick winners and losers in domestic energy markets.

Having “won” the War on Coal, the Trump administration and coal interests now seek not only to negate Obama’s effort to force internalization of the fuel’s true costs, but to subsidize coal use to protect the energy source from having to compete in a free-market environment against more affordable gas and renewables. But the War on Coal meme and the myth that the industry and coalfield communities are victims of job-killing regulation is dead. On the ground in mining communities, many recognize that while the fuel will continue to provide some employment, neither politicians’ promises nor a government bailout will allow production and miners’ jobs to return to historic levels. Given that reality, grassroots leaders in coal states are seeking creative ways to diversify their economies to provide educational and employment opportunities that did not exist when coal was king. TEF

Market forces, including cheaper power from natural gas and renewables, are driving coal plants to shutter and their owners to declare bankruptcy. Yet the Trump administration perversely continues to prop up an industry in steep decline.

The Zinke Plan Misses the Mark
Author
David J. Hayes - NYU Law School State Energy & Environmental Impact Center
NYU Law School State Energy & Environmental Impact Center
Current Issue
Issue
3
Parent Article

Political leaders find the prospect of reorganizing complex governmental organizations seductive. Surely, the argument goes, reorganizations can break down silos and enable agencies to be better aligned toward common goals. And what better place than the Interior Department, which includes nearly a dozen large, distinct agencies that have complex missions that sometimes don’t line up together.

From the beginning of his tenure, Secretary Zinke has talked about undertaking a reorganization of Interior. I was interested in hearing what he had in mind, having developed some perspectives during my two tours of duty as the deputy secretary of the sprawling department and its 70,000 employees.

Despite the hype, much still remains unknown about the secretary’s plans. With the exception of one bright spot — Zinke’s proposal to establish a common regional structure for all of the department’s bureaus — it is difficult not to be disappointed in what remains a largely ill-defined plan to meet unclear goals.

The concept of co-locating major regional offices in hub cities, and adopting common regional boundaries for all of Interior’s bureaus, is a good one. The department works better when its bureaus have more opportunities to interact with each other, particularly at the regional level, where the vast majority of Interior’s resources are allocated and difficult problems are addressed and solved.

But there is little else to commend the plan. The notion that a single, rotating regional head from one bureau should have decisionmaking authority over other bureaus in contested, multi-bureau squabbles is a recipe for disaster. Regional officials need to work together better, and co-locating them is a good start. Setting up a Russian roulette system that gives one bureau authority over others in resolving interagency disputes, however, is sure to exacerbate infighting.

Simply put, conflicts will not be effectively resolved by randomly empowering one bureau over others. On many tough issues, Interior’s bureaus have shown that when guided by the department’s common, unifying mission and purpose, they eagerly work together toward that end. In my experience, the department’s workforce is extraordinarily dedicated to, and proud of, Interior’s goal of conservation, prudent use of our nation’s natural resources, and honoring and protecting our historic and cultural resources.

On the other hand, divisive dictates from the top that depart from Interior’s core mission and value system drive wedges within the department that no reorganization plan can overcome. Zinke’s full-throated push to achieve energy “dominance” by expanding fossil fuel development on public lands and in offshore waters, and his political team’s efforts to ignore, or outright deny, the climate change impacts that already are profoundly impacting every corner of the department’s vast physical and scientific dominion, illustrate the point.

On a brighter note, here are better reorganization ideas that future, less divisive administrations might pursue.

A future secretary, for example, could accelerate the sharing, and leveraging, of land management functions and expertise that are now stove-piped in three major land management agencies in Interior (the Bureau of Land Management, the National Park System, and the Fish and Wildlife refuge system), and one at the Department of Agriculture (the Forest Service). Why not extend, for example, NPS’s extraordinary talent at welcoming visitors to other land management agencies that are underserving Americans who crave more outdoor experiences?

Similarly, as President Obama pointed out in a State of the Union address, it makes no sense that two agencies in two different departments (FWS at Interior, and NOAA at Commerce) co-regulate endangered and threatened species.

Also, climate change impacts are challenging land, water and wildlife managers across the entire span of Interior. There is no playbook for how best to discharge stewardship responsibilities in the face of extended droughts, elongated and more intense wildfire seasons, the spread of invasive species, sea rise and storm surge impacts on coastal resources, and changing wildlife patterns. So wouldn’t it make sense to aggressively explore more collaborative science and management responses across agency lines to systematically analyze and address these new and already-present threats?

Hopefully, a future secretary and Congress will have an appetite to pursue these ideas, and more. While they are at it, they might take a cue from former Republican and Democratic secretaries who urged that Interior be renamed to reinforce its mission area, by calling it the Department of Conservation, the Department of Energy and Natural Resources or, my preference: the Department of Natural and Cultural Resources.

So there is a lot to discuss when it comes to a potential reorganization. But like so many tough issues addressed in the department, a successful outcome depends on dispassionate, inclusive analysis undertaken by knowledgeable, nonpartisan champions of Interior’s mission, complemented by congressional input and broad public engagement.

Perhaps Secretary Zinke’s plan will provide the spark to pull together such an effort. I will be the first to thank him, if it does.

Political leaders find the prospect of reorganizing complex governmental organizations seductive. Surely, the argument goes, reorganizations can break down silos and enable agencies to be better aligned toward common goals. And what better place than the Interior Department, which includes nearly a dozen large, distinct agencies that have complex missions that sometimes don’t line up together.

From the beginning of his tenure, Secretary Zinke has talked about undertaking a reorganization of Interior. I was interested in hearing what he had in mind, having developed some perspectives during my two tours of duty as the deputy secretary of the sprawling department and its 70,000 employees.

Despite the hype, much still remains unknown about the secretary’s plans. With the exception of one bright spot — Zinke’s proposal to establish a common regional structure for all of the department’s bureaus — it is difficult not to be disappointed in what remains a largely ill-defined plan to meet unclear goals.

The concept of co-locating major regional offices in hub cities, and adopting common regional boundaries for all of Interior’s bureaus, is a good one. The department works better when its bureaus have more opportunities to interact with each other, particularly at the regional level, where the vast majority of Interior’s resources are allocated and difficult problems are addressed and solved.

But there is little else to commend the plan. The notion that a single, rotating regional head from one bureau should have decisionmaking authority over other bureaus in contested, multi-bureau squabbles is a recipe for disaster. Regional officials need to work together better, and co-locating them is a good start. Setting up a Russian roulette system that gives one bureau authority over others in resolving interagency disputes, however, is sure to exacerbate infighting.

Simply put, conflicts will not be effectively resolved by randomly empowering one bureau over others. On many tough issues, Interior’s bureaus have shown that when guided by the department’s common, unifying mission and purpose, they eagerly work together toward that end. In my experience, the department’s workforce is extraordinarily dedicated to, and proud of, Interior’s goal of conservation, prudent use of our nation’s natural resources, and honoring and protecting our historic and cultural resources.

On the other hand, divisive dictates from the top that depart from Interior’s core mission and value system drive wedges within the department that no reorganization plan can overcome. Zinke’s full-throated push to achieve energy “dominance” by expanding fossil fuel development on public lands and in offshore waters, and his political team’s efforts to ignore, or outright deny, the climate change impacts that already are profoundly impacting every corner of the department’s vast physical and scientific dominion, illustrate the point.

On a brighter note, here are better reorganization ideas that future, less divisive administrations might pursue.

A future secretary, for example, could accelerate the sharing, and leveraging, of land management functions and expertise that are now stove-piped in three major land management agencies in Interior (the Bureau of Land Management, the National Park System, and the Fish and Wildlife refuge system), and one at the Department of Agriculture (the Forest Service). Why not extend, for example, NPS’s extraordinary talent at welcoming visitors to other land management agencies that are underserving Americans who crave more outdoor experiences?

Similarly, as President Obama pointed out in a State of the Union address, it makes no sense that two agencies in two different departments (FWS at Interior, and NOAA at Commerce) co-regulate endangered and threatened species.

Also, climate change impacts are challenging land, water and wildlife managers across the entire span of Interior. There is no playbook for how best to discharge stewardship responsibilities in the face of extended droughts, elongated and more intense wildfire seasons, the spread of invasive species, sea rise and storm surge impacts on coastal resources, and changing wildlife patterns. So wouldn’t it make sense to aggressively explore more collaborative science and management responses across agency lines to systematically analyze and address these new and already-present threats?

Hopefully, a future secretary and Congress will have an appetite to pursue these ideas, and more. While they are at it, they might take a cue from former Republican and Democratic secretaries who urged that Interior be renamed to reinforce its mission area, by calling it the Department of Conservation, the Department of Energy and Natural Resources or, my preference: the Department of Natural and Cultural Resources.

So there is a lot to discuss when it comes to a potential reorganization. But like so many tough issues addressed in the department, a successful outcome depends on dispassionate, inclusive analysis undertaken by knowledgeable, nonpartisan champions of Interior’s mission, complemented by congressional input and broad public engagement.

Perhaps Secretary Zinke’s plan will provide the spark to pull together such an effort. I will be the first to thank him, if it does.

David J. Hayes is executive director of the State Energy & Environmental Impact Center at New York University School of Law. He was deputy secretary of the interior in the Clinton and Obama administrations.

 is executive director of the State Energy & Environmental Impact Center at New York University School of Law. He was deputy secretary of the interior in the Clinton and Obama administrations.

Clean Energy Progress Is Trumping Trump’s Fossil Fuels Promo Agenda
Author
David P. Clark
Current Issue
Issue
3
David P. Clark

As the Trump administration persists in its agenda of shrinking federal clean energy commitments and boosting fossil fuels, the leading U.S. electricity industry trade group and a national environmental organization have some not-fake news for the president: “A clean energy transition is underway and accelerating.”

That conclusion stands despite Trump’s many actions aimed at tilting the United States toward more coal and other fossil fuel use and less renewable energy. Under the president’s proposed 2019 budget proposal, the Department of Energy’s Office of Energy Efficiency and Renewable Energy would be cut by $1.3 billion to $696 million. The Advanced Research Projects Agency-Energy would be zeroed out. At the same time, fossil energy research and development would receive $502 million, an $81 million increase over 2017. Astonishingly, DOE even delayed four energy-efficiency standards, leading a federal court to rule the delay was illegal.

What these and similar actions demonstrate is that the Trump administration doesn’t understand that “a clean energy transition is irrevocably underway and making extraordinary progress,” says Ralph Cavanagh, co-director of the Natural Resources Defense Council’s energy program. It is gratifying to see the electricity sector’s leadership “taking ownership of that transition” and “doubling down” on clean energy, he adds.

Recently, the doubling down took the form of an NRDC and Edison Electric Institute joint statement released at the meeting of the National Association of Regulatory Utility Commissioners. The statement sets forth 21 policy recommendations that will “continue to accelerate the clean energy transition” and that EEI and NRDC will work together on implementing.

Philip D. Moeller, an EEI executive vice president, also underscores that “the trend lines are pretty clear” as to the direction of the U.S. electricity system, which by 2050 will be far different from today, as coal plants expire after normal years of service and clean energy builds out. Moeller says clean energy progress will continue without disruption despite the budget cuts.

For EEI, the priority issues are electricity infrastructure siting and permitting, not funding. If the right policy signals were adopted to eliminate some of the uncertainties, “the capital is out there” for transmission lines and clean energy, Moeller adds. For example, if a potential project crosses federal lands, it is unclear who is in charge as different resources agencies weigh in, sometimes without distinct timelines and a resulting lack of accountability for making decisions. States use the Clean Water Act to deny permits, mainly for pipelines but also for transmission lines.

The joint statement notes that opportunities exist to reduce the cost and contentiousness of permitting and NRDC agrees with that, says Cavanagh. “We’re not agreeing on some kind of wholesale evasion or removal of federal environmental standards,” he says. But environmentalists are realizing that “we can do a better job in permitting essential infrastructure,” and NRDC is prepared to work with EEI to do that, he adds.

As an example, Cavanagh cites the Desert Renewable Energy Conservation Plan. The DRECP is a 22.5 million acre zone of public and private lands in California, including 10.8 million federal acres, on which streamlined renewable energy permitting can occur while conserving desert ecosystems. In February, the Department of the Interior announced that it was exploring significant changes to DRECP federal acreage, which Cavanagh says is worrisome. But, he adds, neither DOI nor any other federal agency can stop the momentum described in the joint statement, the fourth NRDC and EEI have issued starting in 2003 but “by far the most comprehensive and ambitious.”

Accelerating progress notwithstanding, barriers remain that EEI and NRDC address with recommendations on how states can improve utilities’ clean energy incentives. Moeller notes that there is uncertainty about ensuring adequate returns for long-term transmission investments, an issue the Federal Energy Regulatory Commission by court order must act on and whose resolution will impact clean energy.

For Cavanagh, a critical issue is that too many states continue regulating electricity companies as a commodity business where kilowatt-hour sales dominate all other considerations. As the joint statement makes clear, electricity should be seen as a service industry whose companies need earning opportunities associated with energy efficiency, renewable energy integration, and maintaining a reliable grid.

Don’t look to the Trump infrastructure plan for any help. The words renewable, solar, and wind are not in the plan, unlike oil and gas. But, as Cavanagh sees it, while the federal government can do damage, or be a partner, the most important partner is the electricity sector’s leadership itself and NARUC, trumping even Trump.

Clean energy progress is trumping Trump’s fossil fuels promo agenda.

Recent Cold Weather Shows Grid’s Reliance on Oil, Upping Emissions
Author
Kathleen Barrón - Exelon Corporation
Exelon Corporation
Current Issue
Issue
2
Kathleen Barrón

The extreme cold weather in the Northeast and Mid-Atlantic this winter severely tested the performance of the power grid, which has come to increasingly rely on natural gas for generation in a way that may have unforeseen consequences on air emissions.

The electric system relies on natural gas to fuel both baseload and peaking power plants. Baseload refers to the minimum level of everyday demand for electricity. Peaking refers to rapid, short-term demand such as that which occurs in the early evening as people return home at sunset.

Baseload plants powered by natural gas are generally highly fuel-efficient combined-cycle plants that emit a fraction of the pollutants of coal. To the extent that combined-cycle natural gas units operate instead of coal-fired units, there is an environmental benefit due to reduced emissions and waste. This shift has occurred intentionally, to reduce emissions, as well as naturally, due to the rapid and sustained drop in natural gas prices over the last decade. The use of natural gas for electricity production in the United States has grown since 2001 from approximately 10 percent to over one-third of total generation.

Natural gas has long been valued as a cleaner peaking fuel for turbines, which provide the ability to ramp up electricity output within minutes. But because natural gas supply can sometimes be constrained or otherwise restricted, many gas units have the ability to operate in dual-fuel mode: they can burn either natural gas or fuel oil. Fuel oil releases more pollution and is generally more expensive than natural gas, and therefore is not used for normal operations. However, it is stored much more easily and serves as a hedge against natural gas delivery interruptions or price challenges.

Since many operators of natural gas plants maintain an ability to burn fuel oil, in some areas, such as New York City, there are requirements that operators burn oil under certain grid or weather conditions to preserve natural gas supply and affordability, particularly for residential customers who may rely on gas for heating. In other instances, an operator may be forced to burn oil because natural gas has been diverted to residential heating or supply was otherwise disrupted, including due to weather-related malfunction.

During cold weather such as we saw in January, natural gas prices may in fact spike high enough that oil becomes the more economical fuel. Indeed, the Energy Information Administration reports that average peak power prices in the Northeast and Mid-Atlantic for January 5 reached over $250 per megawatt-hour, compared with an average between $30-50/MWh in the previous six weeks.

As a result, the eastern grid burned a substantial amount of oil. In fact, preliminary data suggest New England burned more oil during this year’s two-week cold snap than the previous two years combined. During the cold weather, 35 percent of power generation in New England was from oil. In the Mid-Atlantic, oil-fired generation hit 10 percent. On a typical winter day, four percent of power generation is oil-fired.

This reliance on fuel oil to fill gaps in natural gas supply brings a staggering environmental cost. With regard to greenhouse gases, fuel oil has approximately 75 to 80 percent of the CO2 emissions of coal, as compared to roughly half for natural gas. Fuel oils also emit toxic metals and other hazardous pollutants. Finally, oil units emit sulfur dioxide at the same rate as coal and nitrogen oxides at three times the rate.

According to Massachusetts Energy and Environment Secretary Matthew Beaton, in January’s 15 days of cold weather, what New England “used in oil is the equivalent of approximately five percent of the total emissions reduction we need between 2014 and 2020,” referring to the requirement that the state achieve greenhouse gas emissions reductions of 25 percent below 1990 emissions levels by 2020. “Economically, this is a disaster for us in New England. Equally as important, environmentally the emissions and the profiles of what occurred in this timeframe are nothing but a disaster.”

To address these environmental impacts, many jurisdictions have imposed emission-rate limits, annual run-time limits, or are engaged in phasing out the use of these fuels altogether. Following the extreme cold this year, grid operators have become worried about units needed for reliability reaching emissions limits and thus being unavailable if there is another cold snap.

As Senator Lisa Murkowski (R-AK) put it, this experience will serve as an important stress test of the evolving grid. Important vulnerabilities were identified and their potential solutions have a range of implications that we cannot ignore.

The author is grateful for the assistance of Kathy Robertson in developing this column.

Recent cold weather shows grid’s reliance on oil, upping emissions.