Showing posts with label Clean Air Act. Show all posts
Showing posts with label Clean Air Act. Show all posts

Wednesday, February 10, 2016

2192. Supreme Court Deals Blow to Obama’s Efforts to Regulate Coal Emissions

By Adam Liptak and Coral Davenport, The New York Times, February 9, 2016


WASHINGTON — In a major setback for President Obama’s climate change agenda, the Supreme Court on Tuesday temporarily blocked the administration’s effort to combat global warming by regulating emissions from coal-fired power plants.

The brief order was not the last word on the case, which is most likely to return to the Supreme Court after an appeals court considers an expedited challenge from 29 states and dozens of corporations and industry groups.

But the Supreme Court’s willingness to issue a stay while the case proceeds was an early hint that the program could face a skeptical reception from the justices.

The 5-to-4 vote, with the court’s four liberal members dissenting, was unprecedented — the Supreme Court had never before granted a request to halt a regulation before review by a federal appeals court.

“It’s a stunning development,” Jody Freeman, a Harvard law professor and former environmental legal counsel to the Obama administration, said in an email. She added that “the order certainly indicates a high degree of initial judicial skepticism from five justices on the court,” and that the ruling would raise serious questions from nations that signed on to the landmark Paris climate change pact in December.

In negotiating that deal, which requires every country to enact policies to lower emissions, Mr. Obama pointed to the power plant rule as evidence that the United States would take ambitious action, and that other countries should follow.

The White House said in a statement that it disagreed with the court’s decision and remained confident that it would ultimately prevail. “The administration will continue to take aggressive steps to make forward progress to reduce carbon emissions,” it said.

Opponents of Mr. Obama’s climate policy called the court’s action historic.

“We are thrilled that the Supreme Court realized the rule’s immediate impact and froze its implementation, protecting workers and saving countless dollars as our fight against its legality continues,” said Patrick Morrisey, the attorney general of West Virginia, which has led the 29-state legal challenge.

“There’s a lot of people who are celebrating,” said Jeff Holmstead, a lawyer with Bracewell & Giuliani, a firm representing energy companies, which are party to the lawsuit. “It sends a pretty strong signal that ultimately it’s pretty likely to be invalidated.”

The challenged regulation, which was issued last summer by the Environmental Protection Agency, requires states to make major cuts to greenhouse gas pollution created by electric power plants, the nation’s largest source of such emissions. The plan could transform the nation’s electricity system, cutting emissions from existing power plants by a third by 2030, from a 2005 baseline, by closing hundreds of heavily polluting coal-fired plants and increasing production of wind and solar power.

“Climate change is the most significant environmental challenge of our day, and it is already affecting national public health, welfare and the environment,” Solicitor General Donald B. Verrilli Jr. wrote in a brief urging the Supreme Court to reject a request for a stay while the case moves forward.

The regulation calls for states to submit compliance plans by September, though they may seek a two-year extension. The first deadline for power plants to reduce their emissions is in 2022, with full compliance not required until 2030.

The states challenging the regulation, led mostly by Republicans and many with economies that rely on coal mining or coal-fired power, sued to stop what they called “the most far-reaching and burdensome rule the E.P.A. has ever forced onto the states.”

A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit in January unanimously refused to grant a stay.

The court did expedite the case and will hear arguments on June 2, which is fast by the standards of complex litigation.

The states urged the Supreme Court to take immediate action to block what they called a “power grab” under which “the federal environmental regulator seeks to reorganize the energy grids in nearly every state in the nation.” Though the first emission reduction obligations do not take effect until 2022, the states said they had already started to spend money and shift resources.

Eighteen states, mostly led by Democrats, opposed the request for a stay, saying they were “continuing to experience climate-change harms firsthand — including increased flooding, more severe storms, wildfires and droughts.” Those harms are “lasting and irreversible,” they said, and “any stay that results in further delay in emissions reductions would compound the harms.”

In a second filing seeking a stay, coal companies and trade associations represented by Laurence H. Tribe, a law professor at Harvard, said the court should act to stop a “targeted attack on the coal industry” that will “artificially eliminate buyers of coal, forcing the coal industry to curtail production, idle operations, lay off workers and close mines.”

The E.P.A., represented by Mr. Verrilli, called the requests for a stay “extraordinary and unprecedented.” The states challenging the administration’s plan, he said, could point to no case in which the Supreme Court had “granted a stay of a generally applicable regulation pending initial judicial review in the court of appeals.” In a later brief, the states conceded that point.

Mr. Verrilli said judicial review of the plan, including by the Supreme Court, will be complete before the first deadline for emissions reductions in 2022.

“There is no reason to suppose that states’ duties under the rule will be especially onerous,” Mr. Verrilli wrote. “A state can elect not to prepare a plan at all, but instead may allow E.P.A. to develop and implement a federal plan for sources in that state.”

The two sides differed about whether current declines in coal mining and coal-fired power generation are attributable to the administration’s plan. “Some of the nation’s largest coal companies have declared bankruptcy, due in no small part to the rule,” a group of utilities told the justices.

A coalition of environmental groups and companies that produce and rely on wind and solar power said other factors were to blame for coal’s decline.

“These changes include the abundant supply of relatively inexpensive natural gas, the increasing cost-competitiveness of electricity from renewable generation sources such as solar and wind power, the deployment of low-cost energy efficiency and other demand-side measures, and increasing consumer demand for advanced energy,” they wrote.

Sunday, April 13, 2014

1380. Greenland Ice Cores Show Industrial Record of Acid Rain, Success of US Clean Air Act

By Science Daily, April 11, 2014

South Dakota State University's Jihong Cole-Dai is
 logging an ice-core sample at Summit, Greenland.
Credit: Joel Savarino, Laboratory of Glaciology and
 Geophysics of the Environment (LGGE)

By analyzing samples from the Greenland ice sheet, University of Washington atmospheric scientists found clear evidence of the U.S. Clean Air Act. They also discovered a link between air acidity and how nitrogen is preserved in layers of snow, according to a paper published this week in the Proceedings of the National Academy of Sciences.

Forty-five years ago, acid rain was killing fish and dissolving stone monuments on the East Coast. Air pollution rose beginning with the Industrial Revolution and started to improve when the U.S. Clean Air Act of 1970 required coal power plants and other polluters to scrub sulfur out of their smokestacks.

UW researchers began their study of ice cores interested in smog, not acid rain. They discovered a link between the two forms of pollution in the geologic record.

Nitrogen is emitted as a short-lived compound, NOx, which causes ground-level ozone, the main ingredient in smog, and relates to compounds that are the "detergent" of the atmosphere. Sources of NOx include smokestacks and vehicle tailpipes, as well as wildfires, soil microbes or reactions triggered by lightning strikes.

Teasing out the sources of NOx through history might tell us about the atmosphere of the past, how methane, ozone and other chemicals change in the atmosphere, and also provide a measure of global human emissions.

"How much the nitrate concentrations in ice core records can tell about NOx and the chemistry in the past atmosphere is a longstanding question in the ice-core community," said lead author Lei Geng, a UW postdoctoral researcher in atmospheric sciences.
Unlike other gases, short-lived NOx can't be measured directly from air bubbles trapped in ice cores. Within a day or two most of the NOx changes into nitrate, a water-soluble molecule essential to life that gets deposited in soil and snow.

Earlier research by co-author Eric Steig, a UW professor of Earth and space sciences, suggested that comparing amounts of the two stable forms of nitrogen -- nitrogen-15 and nitrogen-14 -- in nitrate could pinpoint the emission sources of NOx. Ice cores from Greenland and North American lake sediments showed the nitrogen-15 ratio gradually decreasing since 1850, suggesting a corresponding rise in human emissions.

The new research says: not so fast. The detailed measurements of nitrate, NOx and sulfur show the nitrogen isotope ratio leveling off in 1970, and suggests that ratio is sensitive to the same chemicals that cause acid rain.

"This shows that the relationship between emissions and the isotopes is less direct than we thought, and the final signal recorded in the Greenland ice cores is actually not just the nitrogen emission, but the combined effect of sulfur and nitrogen emissions," Steig said.
The ice cores used in the study were collected in 2007 at Summit Station, Greenland. Total amounts of nitrate for each year were measured and calculated at South Dakota State University, where Geng did his doctoral work. The different forms, or isotopes, were measured in UW's IsoLab. Geng's work showed that the long-term decrease in the nitrogen-15 isotope since 1850, and its leveling off in 1970, are linked to changes in air chemistry. Airborne nitrate can exist as a gas or a particle, and nitrate with lighter isotopes tends to exist as a gas. But he found that the total fraction of nitrate present as gas or particle varies with the acidity of the atmosphere, and the acidic air causes more of the light isotopes to exist as a gas.

"The isotope records really closely follow the atmospheric acidity trends," said co-author Becky Alexander, a UW associate professor of atmospheric sciences. "You can really see the effect of the Clean Air Act in 1970, which had the most dramatic impact on emission of acid from coal-fired power plants."

What's more, airborne nitrate dissolves in water and falls at the poles as snow. While that snow sits on the ground, sunlight bouncing off the surface triggers chemical reactions that send some of it back into a gas form. Acid air can also influence the reactivity of nitrate in snow and thus the preservation of nitrate in ice cores.

Other ice core records might also be affected by acidity in air, Alexander said. No effect would be expected for stable gases like carbon dioxide and oxygen, or for the water molecules used to calculate temperature variations through time. But acidity in air could influence deposition and preservation of other volatile compounds such as chlorine, mercury or organic materials in ice cores.

Eventually, better understanding of the air chemistry during formation of the layers could allow researchers to correct for the effect, extracting better information of the past from these compounds in the geologic record.


Story Source:
The above story is based on materials provided by University of Washington. The original article was written by Hannah Hickey. Note: Materials may be edited for content and length.

Journal Reference:

1. L. Geng, B. Alexander, J. Cole-Dai, E. J. Steig, J. Savarino, E. D. Sofen, A. J. Schauer. Nitrogen isotopes in ice core nitrate linked to anthropogenic atmospheric acidity change. Proceedings of the National Academy of Sciences, 2014; DOI: 10.1073/pnas.1319441111