Trump's Proposal to Replace the Clean Power Plan Endangers Public Health and the World's Climate

by Joel Mintz | August 30, 2018

This story was originally published by The Revelator.

In his first 19 months in office, Donald Trump has repeatedly defied established presidential norms — so flagrantly that it almost obscures the many ways he's changed national policies for the worse. But despite all the scandals and mean-spirited tweets, it's likely that his most enduring impact will be his administration's systematic, reckless dismantling of ongoing efforts to curtail human-caused climate change.

The miseries of global climate disruption are already upon us. During the current decade, the world has experienced record heat waves, as well as intermittent periods of extraordinary cold, devastating floods, prolonged droughts, dangerous wildfires and large and powerful hurricanes. Despite these alarm bells and urgent warnings from scientists around the globe, the volume of carbon dioxide and other greenhouse gases emitted into the atmosphere by human activity has continued to rise each year.

One clear example of the administration's gross irresponsibility on climate change is the so-called "Affordable Clean Energy Rule," recently proposed by Trump's Acting EPA Administrator Andrew Wheeler. A little study shows the rule is neither affordable nor clean.

In contrast with the significant emissions reductions in the Clean Power Plan, which the Trump/Wheeler rule is intended to replace, the new rule allows individual states to establish their own emissions standards for highly polluting power plants. In some instances states will even be permitted to ignore CO2 emissions from power stations.

Instead of ...

The 'Affordable Clean Energy' Rule and Environmental Justice

by Alice Kaswan | August 29, 2018
For disadvantaged communities, the so-called Affordable Clean Energy Rule (ACE) falls far short of the protections and opportunities included in the Clean Power Plan, the Obama administration rule that the Trump EPA is now attempting to repeal and replace. One of the Clean Power Plan's (CPP) essential features was its recognition that the electricity sector operates as an interconnected system. Because of its system-wide approach, the CPP could achieve significant reductions of greenhouse gases and other pollutants by encouraging utilities ...

What's Ahead for Trump's Pro-Coal Rule?

by Daniel Farber | August 28, 2018
Cross-posted from LegalPlanet. You've already heard a lot about Trump's pro-coal ACE rule. You're likely to keep hearing about it, off and on, throughout the next couple of years, and maybe longer. I've set out a rough timetable below, and at the end I discuss some implications. Step 1: The Rulemaking  Aug. 2018 Notice of proposed rule issued (clock for comments starts with publication in the Federal Register) Oct.-Nov. 2018 Comment period closes (60 days after clock starts, unless there are ...

The Off-Switch Is Inside the Fenceline

by Daniel Farber | December 27, 2017
The Obama Administration’s Clean Power Plan would require utilities to improve efficiency at coal-fired power plants and reduce the use of those plants in favor of generators using natural gas or renewables. Head of EPA Scott Pruitt claims EPA can only require CO2 cuts that can be accomplished by utilities “inside the fenceline” of a power plant. Under his interpretation, EPA could require a utility to increase the efficiency of a coal-fired plant. But, he assumes, his interpretation would rule ...

The Hill Op-Ed: Trump Administration's Clean Power Plan Repeal Proposal Is Illegal

by William Buzbee | October 30, 2017
This op-ed originally ran in The Hill. The Trump administration's efforts to sidestep finalized regulations through stays or delays have so far met with judicial rejection in three straight decisions. As these courts have concluded, such a deregulatory strategy violates settled law that administrative agencies are bound by their own finalized regulations until they undo them through a new full rulemaking process. Environmental Protection Agency Administrator Scott Pruitt last week published a proposal to repeal the Obama administration's Clean Power Plan ...

The Pull of Energy Markets -- and Legal Challenges -- Will Blunt Plans to Roll Back EPA Carbon Rules

by Hannah Wiseman | October 17, 2017
Professor Hari Osofsky of Pennsylvania State University co-authored this article with Center for Progressive Reform Member Scholar and Florida State University College of Law Professor Hannah Wiseman. It originally appeared in The Conversation on October 13, 2017. On Oct. 10, EPA Administrator Scott Pruitt formally announced a repeal of the Clean Power Plan, regulation intended to curb greenhouse gas emissions from existing coal- and natural gas-fired power plants.  This follows a directive only a week earlier by Energy Secretary Rick Perry for the ...

Foreseeable Yet Lamentable: Pruitt's Attack on Carbon Restrictions

by Daniel Farber | October 10, 2017
An earlier version of this post appeared on Legal Planet. Few things were more foreseeable than the Trump administration's repeal of the Clean Power Plan (CPP). The administration was never going to leave in place a regulation that disfavored coal and promoted the use of renewable energy in electricity generation. The only real questions were when and how. Today, the administration is taking the first step with the release of a proposed rule repealing the CPP. EPA is relying wholly ...

News and Observer Op-ed: Trump Can Order, but Federal Judges Will Decide on Climate Rules

by Victor Flatt | April 03, 2017
This op-ed originally ran in the Raleigh News & Observer. President Trump's new "energy" executive order is an attempt to roll back Obama regulations on climate change, and even make considerations of climate change disappear from much of the policymaking process altogether. That's quite a lot to accomplish by executive order, and despite all the media attention he got for it, the president is eventually going to discover that he can't eradicate climate realities from federal consideration with the stroke ...

Trump's Executive Order on Climate Policy Rollbacks, Annotated

by Emily Hammond | March 29, 2017
Donald Trump's anti-climate action executive order is, as CPR President Rob Verchick puts it, a classic act of bullying. As I describe in an annotated version of the order, it is also irrational, failing to achieve the very aims it purports to support while inflicting damage to our climate, environment, natural resources, wildlife, and yes – even our coal miners.  In the annotation, I walk through each section of the order, providing an analysis and commentary on just what it ...

Sowing Confusion and Doubt, Trump Attempts Climate Policy Rollbacks

by Robert Verchick | March 28, 2017
Donald Trump has been in office only 68 days, and already I've passed the threshold from shock to boredom. His order to erase climate change from federal policy, preceded by a speech before captive members of the Environmental Protection Agency (EPA), only seals the deal. I served at the EPA during President Obama's first term, helping that agency and others prepare for the hazards of climate change. That work is serious and complicated and subtle. Trump, of course, is anything ...

Is Texas Cleaning Up Its Act?

by Daniel Farber | February 21, 2017
At a national meeting of state utility regulators, the head of the group recently said that the Clean Power Plan was basically dead, but this might not matter because "arguably, you're seeing market-based decarbonization" due to technological changes. Case in point: Texas. Market trends are pushing Republican stronghold Texas toward a cleaner grid. ERCOT, which operates nearly all of the state's grid, recently projected that in the next fifteen years, Texas will add almost 20 gigawatts of solar, equivalent to 15-20 ...

Trump Can't Sweep Safeguards Away as Easily as He May Think

by Matthew Freeman | December 09, 2016
In a statement Wednesday responding to President-elect Trump’s choice of climate change denier Scott Pruitt to lead the Environmental Protection Agency, CPR President Robert Verchick said that the choice was “a clear indication that the administration plans a full-throated assault on environmental protections.” In an op-ed in The New York Times this morning, CPR Member Scholar William Buzbee describes some of the challenges Pruitt and Trump will face as they undertake that regressive effort to unravel the fabric of rules ...

With or Without the Clean Power Plan, It's Up to the States to Transition to Clean Energy

by Alice Kaswan | December 05, 2016
Environmentalists are understandably wringing their hands over the likely post-election demise of the Clean Power Plan, the Obama administration's rule to reduce greenhouse gas emissions from power plants, which are the nation's single biggest source of carbon emissions. But, with or without the Clean Power Plan (the Plan), the states hold the cards to a clean energy transition.  Even if the fossil fuel interests intent upon perpetuating a profitable status quo end up dominating Congress and federal energy and environmental ...

Untapped Potential: Emissions Reduction Initiatives Beyond Clean Power Plan Are Warranted, Workable

by Alice Kaswan | October 27, 2016
It's been a month since the D.C. Circuit heard oral arguments on the Clean Power Plan, and the nation is in wait-and-see mode. But our report, Untapped Potential: The Carbon Reductions Left Out of EPA's Clean Power Plan, released today by the Center for Progressive Reform, shows that, even if the Plan is upheld, continued climate initiatives to control existing power plant emissions are warranted and workable. Our analysis demonstrates that EPA identified numerous available reduction opportunities that were not ...

'Super Polluters' Under the Microscope

by Matthew Freeman | September 30, 2016
In a story published yesterday, the Center for Public Integrity takes a deep dive into the public health impact of the nation’s “super polluters,” a collection of industrial polluters that account for an outsized share of toxic air pollution and greenhouse gas emissions in the United States. Produced in collaboration with USA Today and The Weather Channel, the story focuses in on Evansville, Indiana, a city of 120,000 nestled in the southwest corner of the state and ringed by no ...

Federalism Games in the Clean Power Plan Battle

by William Buzbee | September 23, 2016
Next Tuesday, the U.S. Court of Appeals for the D.C. Circuit will hear four hours of argument over the Clean Power Plan (CPP). Federalism-linked statutory, regulatory, and doctrinal law has been and will be crucial to the CPP's fate, and several issues of federalism will play a key role. In designing the CPP, the U.S. Environmental Protection Agency built on states' actions in reducing greenhouse gas (GHG) emissions in recent years through use of GHG trading regimes, and nudging or ...

The Role of the Clean Air Act's Goals in Clean Power Plan Litigation

by David Driesen | September 08, 2016
The Clean Power Plan has been widely touted as significant because it regulates the largest source of carbon dioxide (CO2) emissions in the United States – the electric power industry. Its significance, however, goes beyond U.S. CO2 emissions because it serves as the linchpin of international efforts to reduce greenhouse gases in order to avoid dangerous climate disruption. The rule gave the Obama administration sufficient credibility to persuade the Chinese to pledge limits on their own greenhouse gas emissions for ...

The Clean Power Plan: Unpacking the Generation Shifting Issue

by David Driesen | September 08, 2016
The U.S. Environmental Protection Agency's (EPA's) Clean Power Plan (CPP) relies, in part, on a pollution reduction strategy – generation shifting – that is at issue in the ongoing lawsuit over the rule. Generation shifting involves increasing use of relatively clean natural gas and renewable energy and reducing use of relatively dirty and expensive coal-fired power plants. Although the technique has lowered power plant emissions significantly in recent years, opponents of the CPP have argued in legal briefs that section ...
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