EPA

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.

Science Is Clear: Reducing Carbon Emissions Will Save Lives

While governments all over the globe continue to squabble about how to address greenhouse gas pollution – or, in some instances, whether or not to even address the issue – a new report delivers some much needed good news: Reducing greenhouse gas emissions will save lives.

The report, titled Health Co-Benefits of Carbon Standards for Existing Power Plants, breaks the regulatory debate being waged in the United States in its simplest form. Researchers from Harvard University, Boston University, and Syracuse University state in the report that the Environmental Protection Agency’s stricter standards for existing power plants will save an estimated 9 American lives per day.

As the report lays out, the EPA’s emission reduction standards – the first effort ever by the agency to reduce power plant emissions – would reduce the amount of emissions by 30% below 2005 standards by the year 2030. These power plants account for nearly 40% of the total carbon emissions for the United States.

The 30% drop in emissions will save an estimated 3,500 American lives every year. But that is just the tip of the iceberg, according to the report. An additional 1,000 hospital stays could also be avoided, along with reduced levels of sulfur dioxide, toxic mercury, and fine particulates in the air that we breathe.

Republican Senators Push Manhattan Institute's Dirty Energy Propaganda Paper

Two Republican members of the Senate Energy and Natural Resources Committee will be releasing a white paper later this week that will allegedly make the case that “regulations” and legislation that “raises energy costs” is damaging America’s underclass. 

Senators Lisa Murkowski (AK) and Tim Scott (SC) have teamed up with the conservative Manhattan Institute for Policy Research to once again push the bogus theory that government regulations and environmental safeguards are costing American consumers too much money and destroying jobs. The paper will officially be released at a Manhattan Institute event on September 18.

According to The Hill, a representative from Murkowski’s office said that the Senators will be speaking about “the economic, political, and social consequences of allowing energy insecurity to rise in America.”

Both Murkowski and Scott have been notorious opponents of many of the Obama administration’s environmental protection initiatives and have also been on the receiving end of the dirty energy industry’s largesse. Murkowski’s two largest donor industries are electric utilities and the oil and gas industries, receiving a combined $1,490,257 over the course of her career in the Senate.  Scott, a freshman Senator, has received $411,701 from the two industries during his short time in office.

Pennsylvania Plant Agrees to Stop Dumping Partially-Treated Fracking Wastewater in River After Lengthy Lawsuit

A Pennsylvania wastewater treatment plant alleged to have dumped toxic and radioactive materials into the Allegheny River has agreed to construct a new treatment facility, under a settlement announced Thursday with an environmental organization that had filed suit against the plant.

Back in 2011, Pennsylvania made national headlines because the state's treatment plants – including municipal sewage plants and industrial wastewater treatment plants like Waste Treatment Corporation – were accepting drilling and fracking wastewater laden with pollutants that they could not remove.

In July 2013, Clean Water Action alleged in a lawsuit that Waste Treatment Corp. of Warren, PA violated the federal Clean Water Act and the Endangered Species Act, along with Pennsylvania's Clean Streams Law by continuing to discharge partially treated wastewater, carrying corrosive salts, heavy metals and radioactive materials into the river, which serves as the drinking water supply for hundreds of thousands of people, including much of the city of Pittsburgh. 

Under the terms of the settlement, within 8 months, Waste Treatment Corporation must install advanced treatment technology that will remove 99% of the contaminants in gas drilling wastewater.

Until those treatment methods are in place, Waste Treatment Corporation agreed to stop accepting wastewater from Marcellus shale wells, notorious for its high levels of radioactivity, and to cut the amount of wastewater it can accept from conventional gas wells by over a third.

“The settlement represents the first time an existing industrial treatment plant discharging gas drilling wastewater in Pennsylvania agreed to install effective treatment technology to protect local rivers,” Clean Water Action wrote in a press release.

Coal Lobbyist Jeff Holmstead Disqualified by Federal Judge in Ameren Pollution Lawsuit

Originally published on PolluterWatch

Jeff Holmstead, perhaps the nation's prime example of a revolving door lobbyist, was dismissed by a federal judge as an expert witness in a lawsuit brought by the U.S. Environmental Protection Agency against Ameren Missouri, a coal burning utility.

In an ongoing case, the EPA has charged Ameren with violating the Clean Air Act by not installing appropriate pollution controls at one of its coal plants. The Sierra Club has since sued Ameren, “alleging 7,880 air quality violations at three coal-burning power plants since 2009,” according to the St. Louis Post-Dispatch.

Judge Rodney Sippel granted U.S. Justice Department's request to remove Holmstead as a witness, confirming that the lobbyist's history at U.S. EPA posed “multiple conflicts of interest.” Here's the judge's motion to dismiss Jeffrey Holmstead, citing Holmstead's use of his EPA experience to undermine EPA's pollution enforcement actions (emphases added):

Mr. Holmstead’s legal opinions are irrelevant, speculative, and inadmissible.” […] “By his own description, Mr. Holmstead’s testimony relies on his recollection of EPA “internal meetings” that he says are relevant to the issues to be tried in this action. Such internal communications are privileged and confidential and Mr. Holmstead may not rely on his recollection of them to testify against EPA. Moreover, Mr. Holmstead received other privileged information concerning the issues about which he now seeks to testify on behalf of Ameren, and participated in power-plants enforcement cases related to this one while at EPA. Before he left EPA, he even personally provided a declaration for EPA that is at issue in this and other related power-plants enforcement cases asserting privilege claims on behalf of EPA over documents that are relevant to the opinions he now seeks to offer. Yet he now seeks to change sides and testify against EPA. Moreover, he was assisted in the preparation of his report by another former EPA attorney who was involved in the early stages of the investigation that ultimately led to the filing of this case. For the reasons discussed in the accompanying Memorandum, Mr. Holmstead should not be allowed to testify in this matter due to his multiple conflicts of interest.

This is a notable blow to Mr. Holmstead's credibility, who touts his time at EPA to obscure his lobbying to protect polluters from public accountability.

Heartland's Jay Lehr calls EPA "Fraudulent," Despite Defrauding EPA and Going to Jail

Crossposted from PolluterWatch blog on Jay Lehr.

If you're John Stossel and you want to host a segment to rail against the US Environmental Protection Agency, who ought you call?

It turns out, a man who was convicted and sentenced to six months in prison for defrauding the EPA!

Stossel's guest last night, Jay Lehr, was sentenced to six months–serving three–in a minimum security federal prison back in 1991, and his organization at the time was fined $200,000. So Jay Lehr knows about EPA corruption better than anyone: he was the guy caught “falsifying employee time sheets on a government contract” for EPA, according to the Columbus Dispatch.

Shale Oil Drillers Deliberately Wasted Nearly $1 Billion in Gas, Harming Climate

In Texas and North Dakota, where an oil rush triggered by the development of new fracking methods has taken many towns by storm, drillers have run into a major problem.

While their shale wells extract valuable oil, natural gas also rises from the wells alongside that oil. That gas could be sold for use for electrical power plants or to heat homes, but it is harder to transport from the well to customers than oil. Oil can be shipped via truck, rail or pipe, but the only practical way to ship gas is by pipeline, and new pipelines are expensive, often costing more to construct than the gas itself can be sold for.

So, instead of losing money on pipeline construction, many shale oil drillers have decided to simply burn the gas from their wells off, a process known in the industry as “flaring.”

It's a process so wasteful that it's sparked class action lawsuits from landowners, who say they've lost millions of dollars worth of gas due to flaring. Some of the air emissions from flared wells can also be toxic or carcinogenic. It's also destructive for the climate – natural gas is made primarily of methane, a potent greenhouse gas, and when methane burns, it produces more than half as much CO2 as burning coal.

Much of the research into the climate change impact the nation's fracking rush – now over a decade long – has focused on methane leaks from shale gas wells, where drillers are deliberately aiming to produce natural gas. The climate change impacts of shale oil drilling have drawn less attention from researchers and regulators alike.

Koch-Tied Roots of Senator Vitter's Green Billionaires Club Environmental Attack Report

A DeSmogBlog investigation reveals that Kristina Moore, the Senate staffer listed as the author of U.S. Sen. David Vitter's (R-La.) “green billionaire's club” report published by the Senate Environment and Public Works Committee (EPW) on July 30, has career roots tracing back to the Koch Brothers' right-wing machine.

Metadata from Vitter's green billionaire's club report shows Moore's name as the author, though it remains unclear whether or not she authored it alone. Moore did not respond to a question about her authorship sent via email.

During a July 30 presentation of the report given to conservative transparency advocacy group Cause of Action, Vitter thanked Moore and several other staffers for their help putting together the 92-page document.

Moore — EPW's senior counsel for oversight and investigations — went to law school at George Mason University School of Law, graduating in 2007. David and Charles Koch both serve as major donors to George Mason University and also endow George Mason's Mercatus Center, where Charles sits on the Board of Directors

Kristina Moore Vitter
Kristina Moore; Photo Credit: Bertelsmann Foundation

While attending law school, Moore concurrently worked as chief of staff for former U.S. Rep. Tom Davis (R-Va.), according to financial disclosure documents obtained by DeSmogBlog.

As a Davis staffer, Kristina Moore (then Kristina Husar), attended two Mercatus Center-sponsored retreats in 2006 and 2007, held in Richmond, Va. and Willamsburg, Va., respectively.

Green Billionaires Club? David Vitter Owns Stock in Coal Utilities Fighting EPA Carbon Rules

On July 30, the Republican minority of the U.S. Senate Committee on Environment and Public Works, headed by Sen. David Vitter, released a report titled “The Chain of Environmental Command: How a Club of Billionaires and Their Foundations Control the Environmental Movement and Obama’s EPA.”

Critics of the report say it is propaganda designed to skewer the Obama EPA and environmental philanthropists for “conspiring to help the environment.”

Vitter's chief source of campaign cash is the oil and gas industry and he recently called the billionaire Koch Brothers “two of the most patriotic Americans in the history of the Earth.” 

What the 92-page report leaves out is that Vitter — an esteemed member of the Senate “Millionaires Club” — owns tens of thousands of dollars in stocks of the electric utility Wisconsin Energy Corporation (We Energies), which owns major coal-fired power plants in both Oak Creek, Wisc. and Pleasant Prairie, Wisc.

We Energies says it stands to lose economically if the proposed Obama EPA carbon rules are implemented, citing the potential risks related to legislation and regulation in its most recent U.S. Securities and Exchange Commission (SEC) Form 10-Q.

“Any legislation or regulation that may ultimately be adopted, either at the federal or state level, designed to reduce GHG emissions could have a material adverse impact on our electric generation and natural gas distribution operations,” We Energies stated on the form.

“Such regulation could make some of our electric generating units uneconomic to maintain or operate, and could adversely affect our future results of operations.”

We Energies CEO Gale Klappa also voiced dissatisfaction with the proposed rule during his company's most recent earnings call, saying the company will submit comment to the EPA as part of the public comment period.

Coal Company, West Virginia Attorney General Blame Lifesaving EPA Rules For Layoffs

Alpha Natural Resources, one of the leaders in the practice of mountain removal mining, has made it clear that they aren’t happy with the new EPA rules that will require a 30% reduction in power plant emissions by the year 2030. 

In a notice to about 1,100 employees last week, Alpha informed the workers that they could be laid off due to a mix of “weak market conditions and government regulations…” 

According to The Hill, Alpha released a statement to the press with the following anti-EPA claims:

EPA regulations are at least partly responsible for more than 360 coal-fired electric generating units in the U.S. closing or switching to natural gas. Nearly one of every five existing coal-fired power plants is closing or converting to other fuel sources, and Central Appalachian coal has been the biggest loser from EPA's actions.”

Alpha is being helped along in their attack by the attorney general of West Virginia, Patrick Morrisey, who announced on Friday a lawsuit against the Environmental Protection Agency over their power plant standards.  In announcing the lawsuit, Morrisey specifically mentioned Alpha’s plightOur Office will use every legal tool available to protect coal miners and their families from the Obama Administration and its overreach. We can't afford to see more announcements like we saw with Alpha Natural Resources yesterday.

Not a bad return on investment for Alpha, considering the fact that they only invested $2,000 in Morrisey when he was running for attorney general in 2012. 

The language used by Alpha and the attorney general is incredibly important.

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