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Wed, 2014-10-29 13:16Mike G
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EPA's Cross State Air Pollution Rule To Finally Move Forward

First issued in 2011 but quickly met with numerous legal challenges, the EPA's Cross State Air Pollution Rule is finally cleared for takeoff.

Last week, the U.S. Court of Appeals for the D.C. Circuit lifted a hold it had placed on the CSAPR, effectively giving the EPA a green light to begin implementing the rule, which regulates air pollution from power plants in 28 states that drifts across state lines, contributing to ozone and fine particle pollution.

The CSAPR creates a two-step process: first the EPA determines whether or not a state contributes more than 1% of the pollution causing a neighbor to exceed federal air standards, then the EPA gives the polluter state an emissions budget based on a complex modeling system.

It's been a long road for the EPA to get to this point. Courts struck down the agency's first two attempts to draft a rule for regulating sulfur and nitrogen emissions from power plants that drift from one state to another. After the EPA announced the final CSAPR in July of 2011, the D.C. Circuit Court of Appeals placed a hold on the rule the following December before throwing it out altogether last year in response to a lawsuit filed by 15 power utilities and upwind states.

But in April of this year, the Supreme Court ruled 6-2 in favor of the EPA, upholding the CSAPR. In the majority opinion, Justice Ruth Bader Ginsburg wrote that the CSAPR “is a permissible, workable, and equitable interpretation of the Good Neighbor provision” of the Clean Air Act, which grants the EPA the authority to regulate intersate pollution that threatens national air quality standards.

Tue, 2014-10-28 11:58Mike G
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Oil Companies Spending Big To Defeat Community-Led Anti-Fracking Initiatives At The Ballot Box

Election day is fast approaching and, in a pattern becoming all too familiar, oil companies are spending big to defeat citizen-led initiatives to halt fracking in California.

By last August, oil industry front group Californians for Energy Independence, which is leading the charge against anti-fracking measures in the sate, had raised around $3 million. Now, just one week before the election, that number has more than doubled to just under $7.7 million, per the California Secretary of State's campaign finance database.

Chevron is the leading donor to Californians for Energy Independence, having made two donations totaling about $2.6 million. Occidental Petroleum and Aera Energy have kicked in some $2 million apiece, and Exxon has given $300,000. Every single dollar received by CEI has come from an oil company.

Once the polls close, we'll know how well that money was spent. One thing is clear, however: Big Oil has not succeeded in buying the hearts and minds of many Californians, who overwhelmingly reject the plans to frack the Golden State, polls have shown.

Residents of Santa Barbara County will vote on Measure P on November 4, a ballot initiative that would ban fracking and other “extreme oil extraction techniques,” including cyclic steam injection and acidization. Lauren Hanson, who serves on the Goleta Water District Board of Directors, wrote in an op-ed for the Santa Barbara Independent:

When a single industry — whatever that industry might be — proposes bringing into Santa Barbara County a massive amount of activity that has time and again contaminated and used up water supplies elsewhere, it is time for extreme caution and, yes, common sense. It makes no sense to allow that risk.
Fri, 2014-10-24 14:44Mike G
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Crude Oil Transport Project Halted In California After Environmentalists Sue

Back in August, DeSmog reported on California environmentalists stopping “stealth carbon bombs” in their communities. Now they're celebrating another victory as a dangerous—and illegal—crude oil transport project in Sacramento has been halted as well.

According to a report by the Sacramento Bee last March, the Sacramento Metropolitan Air Quality Management District first caught InterState Oil Company, a fuel distributor, offloading ethanol without a permit in the fall of 2012. Inspectors with the AQMD then caught InterState transloading crude oil from trains to trucks bound for Bay Area refineries in September of last year, again without a permit.

InterState was not fined for these violations and was even allowed by the AQMD to continue importing ethanol and crude oil into California by train while it sought the necessary permits.

InterState received the permit to transload crude from trains to trucks in March of this year. On September 23, Earthjustice filed a lawsuit in Sacramento Superior Court on behalf of the Sierra Club challenging what it called the AQMD's “furtive approval” of the permit.

Thu, 2014-10-23 09:00Mike G
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Uncertainty Over Tax Credits Causing Turmoil In Renewable Energy Sector

Uncertainty over the future of the wind production tax credit and the solar investment tax credit—and Congressional inaction on both matters—could pose a serious challenge to development in the renewable energy sector.

Wind energy had a huge year in 2012, with 13,128 megawatts (MW) of new wind capacity installed, but has failed to get anywhere close to matching that number since. The fact that the wind production tax credit (PTC) expired last year might have something to do with that.

Wind energy developers only need to have made minor investments by the 2013 deadline to qualify for the tax credit, so there are still a number of new installations in the works, and 2014 has so far seen a fair amount of growth in wind energy capacity. But that will not be the case for long if Congress doesn't act.

According to the American Wind Energy Association's latest quarterly market report, some 711 turbines capable of producing 1,254 megawatts of wind energy were installed in the US during the first three quarters of 2014, which is more than in all of 2013.

But while there are more than 13,600 more MW of wind capacity currently under construction, that number is expected to drop off sharply as projects are brought online and fewer new projects are started due to the expiration of the wind production tax credit (PTC).

Fri, 2014-10-17 14:00Mike G
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More Oil Companies To Disclose Risks Of Fracking, Climate Change To Investors

Last week brought yet more evidence that investors in oil and gas companies are waking up to the risks of fracking and climate change.

Two natural gas companies, Anadarko Petroleum and EOG Resources, recently struck a deal with New York Attorney General Eric Schneiderman to disclose the financial and environmental risks associated with fracking to their shareholders, including “probable future regulation and legislation” that could impact their operations, according to a statement released by Schneiderman's office.

The agreement resolves a probe by Schneiderman into the disclosure practices of oil and gas companies begun in 2011.

Business media outlets like Bloomberg are framing the story very much as “oil companies doing the right thing,” but it's important to note that these companies would not be doing this if they didn't feel it was in their best interest—and generally whatever keeps shareholders happy is in a company's best interest.

Bloomberg notes that the oil companies are hoping “to ease public fears about fracking after legal setbacks and concerns over water pollution.” As is becoming increasingly clear, concerns over water pollution are all too valid.

Legal setbacks are probably keeping any fracker in New York up at night, as well, after the New York state supreme court ruled in June that municipalities have the right to adopt their own rules on fracking.

So far, 180 New York towns and cities have issued a ban or moratorium on fracking.

Fri, 2014-10-17 11:52Mike G
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NASA Confirms A 2,500-Square-Mile Cloud Of Methane Floating Over US Southwest

When NASA researchers first saw data indicating a massive cloud of methane floating over the American Southwest, they found it so incredible that they dismissed it as an instrument error.

But as they continued analyzing data from the European Space Agency’s Scanning Imaging Absorption Spectrometer for Atmospheric Chartography instrument from 2002 to 2012, the “atmospheric hot spot” kept appearing.

The team at NASA was finally able to take a closer look, and have now concluded that there is in fact a 2,500-square-mile cloud of methane—roughly the size of Delaware—floating over the Four Corners region, where the borders of Arizona, Colorado, New Mexico, and Utah all intersect.

A report published by the NASA researchers in the journal Geophysical Research Letters concludes that “the source is likely from established gas, coal, and coalbed methane mining and processing.” Indeed, the hot spot happens to be above New Mexico's San Juan Basin, the most productive coalbed methane basin in North America.

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