“The choice before us is simple. Will we continue to subsidize the dirty fossil fuels of the past, or will we transition to 21st century clean, renewable energy?” – U.S. Senator-elect Elizabeth Warren (D-MA)

 Good question. To us, the choice is crystal clear. There is but one plausible answer if we are to avert the most devastating impacts of climate change. Thankfully, Massachusetts is sending to Capitol Hill two new leaders – Senator-elect Elizabeth Warren and Congressman-elect Joseph Kennedy III – who have declared firm commitments to fight climate change and promote a clean energy future.

They clearly and consistently have pledged to work to end huge giveaways to Big Oil and other dirty fossil fuel interests, and instead to promote investment in energy efficiency, renewables, and home-grown clean energy jobs. They get it that advancing clean energy is essential not only for confronting climate change, but also for promoting jobs and economic development, saving money by reducing energy waste, investing locally rather than sending billions of Massachusetts dollars to unfriendly dirty fuel-producing nations, and reducing health impacts and healthcare costs as we reduce air and water pollution.

CLF is eager to work with Massachusetts’ newly minted Senator-elect Warren and Congressman-elect Kennedy – and the rest of the Massachusetts Congressional delegation – to translate these laudable aspirations into concrete measures.

The election of Congressman Kennedy also heralds a noteworthy new era in a related respect: Kennedy admirably has demonstrated the courage of his convictions in breaking with prominent members of his family – and joining with his predecessor Congressman Barney Frank, Senator-elect Warren, and other members of the Massachusetts Congressional delegation – to support the Cape Wind offshore wind energy project. True, Cape Wind has all of its state and federal approvals and is ready to go. But it can’t hurt to have supportive leaders on Capitol Hill who are ready to fend off last-ditch efforts by dirty energy-funded interests seeking to gin up Congressional witch hunts to derail the project.

Also on election day, Massachusetts residents in seven communities – Beverly, Canton, Fall River, Great Barrington, Salem, Somerset, and Somerville – reinforced a strong and growing commitment to invest in thriving communities through the adoption of the Community Preservation Act. These communities joined 148 other Massachusetts cities towns that have voted to raise their property taxes in order to preserve open space and historic structures, build affordable housing, and develop recreational fields. With more than one hundred Massachusetts communities also having joined the Commonwealth’s Green Communities Program since 2008 to invest in local clean energy initiatives, the people of Massachusetts continue to grow their commitments to invest in healthy, livable communities.

So, what’s next?  One of the biggest challenges ahead during the upcoming Massachusetts legislative session will be to solve the issue of our underfunded and overextended transportation systems.  After all, we need to connect all of these thriving communities more reliably, affordably and with environmentally responsible options.

Massachusetts’ commitment to a new clean energy economy has been welcome news both economically and environmentally. There’s an awful lot to like about reversing the export of billions of dollars sent outside Massachusetts and the country each year to buy dirty fossil fuel energy that harms our health, increases our health care expenses and has substantial impacts on our environment, economy, jobs and national security. No question, there’s tremendous potential for investing in clean homegrown energy right here in Massachusetts, in a win for the economy and the environment. But if we’re truly going to be successful in building a new clean energy economy, we need to pay attention to the “clean” element of that equation. And if our burgeoning clean energy revolution is to be successful, it absolutely cannot leave behind the Massachusetts communities that long have borne the brunt of our dependence on dirty energy.

A true clean energy economy ought to mean cleaner air for everyone. It’s a ‘no-brainah’ (as they say in these parts), right?  Apparently Massachusetts DEP doesn’t think so. In a deeply troubling decision issued on September 11, Massachusetts DEP Commissioner Ken Kimmell upheld an air pollution permit for a 35 Megawatt (MW) wood-burning power plant that is proposed to be built at Palmer Paving, smack in the midst of a state and federally designated environmental justice community in Springfield. In taking this action, DEP gave the green light to a facility that will annually release dozens of tons of damaging fine particulates and hazardous air pollutants, as well as hundreds of thousands of tons of harmful global warming pollution, in an area documented by the MA Department of Public Health to have significantly worse air quality and markedly higher rates of respiratory illness than the state average. What’s up with that?!  Has the DEP Commissioner already forgotten his own “tweets” this summer that alerted the public to unhealthy air quality in central Massachusetts, even before the PRE power plant adds new air pollution to the mix?

While we’re pleased that DEP Commissioner Kimmell reversed the agency’s earlier findings on standing, allowing CLF, Arise for Social Justice, Toxics Action Center and our “Ten Residents Group” partners to challenge Palmer Renewable Energy’s (PRE) air permit, the decision to uphold the permit reflects a sorry abdication of DEP’s obligation to protect against damaging air pollution.  Among other troubling flaws:

•  DEP’s Final Decision lays out burdensome new requirements for “Ten Citizens” groups seeking to participate in air permitting proceedings, forcing concerned residents to invoke trial-like proceedings at the public comment stage to protect their rights even before DEP’s air permitting decisions are known;

• In upholding the PRE air pollution permit, DEP relies on highly questionable testimony of the power plant developer’s expert witness whose unorthodox views on the health impacts of fine particulate matter were discredited recently by at least one federal court on the basis that the witness’ unconventional views cast him as an outlier in his field;

• Despite the hundreds of thousands of tons of greenhouse gas emissions the PRE wood-burning power plant would release each year, DEP’s Final Decision explicitly – and erroneously – suggests that there is an open question regarding whether the decision must comply with the state’s Global Warming Solutions Act, even though the Act’s language is unequivocally clear that DEP must comply.

At the end of the day, I’m reminded of the sage words of a 10 year old girl with asthma who hand-wrote her pithy letter to DEP opposing the PRE power plant: “We deserve clean air… It’s not fair!!!!” Well said.

So, we will work to hold DEP accountable for reducing, not increasing, air pollution and respecting the right to meaningful public participation. And we will continue to cheer the local officials in Springfield who are refusing to allow the PRE power plant to cut corners and have revoked all local permits for project.

Not a moment too soon, the Massachusetts Legislature has enacted important new clean energy legislation that will maintain the state’s momentum in advancing clean renewable energy solutions like wind and solar energy. We breathed a sigh of relief as the final favorable votes were taken on July 31 – the very last day of the Legislature’s formal 2-year session – sending to Governor Patrick’s desk An Act Relative to Competitively Priced Electricity. The legislation includes key provisions that are essential for ensuring Massachusetts reaches its renewable energy targets. And this highly welcome development comes in the nick of time, just as existing programs are hitting their limits.  This means we can avoid a solar slowdown and keep the wind blowing behind the state’s clean energy revolution.

CLF celebrates the new Massachusetts energy bill together with the Green Communities Act Coalition (GCA Coalition) – a diverse coalition of business, labor, environmental, clean energy, low-income and other stakeholders who advocate for strong clean energy policies in Massachusetts. The GCA Coalition, which is co-led by CLF and the New England Clean Energy Council, came together in Fall 2011 in the face of attacks by clean energy skeptics who wrongly suggested that Massachusetts cannot afford clean energy. Since then, the GCA Coalition has worked together to bring forward facts demonstrating that clean energy is one of the most promising areas of economic growth, and that it is delivering considerable economic benefits. (See here for a helpful myth v. fact sheet.)

The new energy legislation, which some have dubbed “Green Communities Act – Part II”, builds on the tremendous success of the 2008 Green Communities Act, which is delivering hundreds of millions of dollars of net economic benefits while dramatically boosting the deployment of energy efficiency and renewable energy. The new Energy Bill will ensure continued growth of the state’s renewable energy programs with an even greater focus on affordability. This is a win for the environment, public health, jobs and the economy.

So, what exactly will the new Massachusetts Energy Bill do?

Central to the Energy Bill are provisions that will extend two critically important renewable energy programs: long-term renewable energy contracts and “net-metering”:

• The Energy Bill requires electric utilities to work together to sign additional long-term (10-20 year) contracts for the purchase of renewable energy to meet 4% of total customer demand.

 » This is in addition to the long-term renewable energy contracts the utilities already have signed under the existing 2008 Green Communities Act (which established a 3% minimum) — bringing the total amount of renewable energy long-term contracts to at least 7% of the electricity that is consumed in Massachusetts.

» Contrary to some confusing media reports, this requirement does not change the overall amount of new renewable energy that electric utilities must purchase each year (currently at 7% of all electricity consumed, and increasing by 1% per year). Instead, it only increases the extent to which utilities buy that energy using long-term contracts instead of spot-market purchases or alternative compliance payments.

» Long-term contracts are a win for renewable energy projects and customers alike.  Such contracts have become essential for getting new renewable energy projects built because the developers can show lenders that they will be able to re-pay their loans. This translates into lower financing costs, and those savings are passed on to electric customers.

» The Energy Bill generally requires utilities to jointly solicit and enter long-term renewable energy contracts, and competitive bidding will be required. Based on prior experience in Massachusetts, land-based wind energy projects are likely to be particularly successful in securing long-term contracts under the new law. In addition, the mechanism for joint solicitation should provide opportunities for larger projects to compete to sell their power to all Massachusetts customers.

» This expanded renewable energy long-term contracting program is likely to be an important complement to the agreement reached on July 30 by the New England Governors to work together to implement a regional renewable energy purchasing commitment.  Massachusetts already is ahead of the curve and well situated to help lead the region to success!

• The Energy Bill also will significantly expand existing renewable energy “net metering” programs, providing an important boost to smaller scale clean energy projects throughout Massachusetts:

»  “Net-metering” makes small-scale renewable energy installations more affordable by ensuring that homeowners and small businesses will be compensated fairly – at retail rates – for excess power that they deliver into the electric grid.

»  The Energy bill doubles the existing net-metering program limits, up to 6% of total electricity consumed in Massachusetts (3% from publicly owned facilities, 3% from privately owned).

»  The bill also allows anaerobic digestors – projects that convert organic waste to energy – to qualify for the program for the first time, together with small wind and solar projects.

These provisions are hallmarks of a critically important clean energy bill that will maintain clean energy momentum as we enter the summer doldrums.

The Energy Bill also is noteworthy for what it does not include:  e.g., significant clean energy program rollbacks that were championed by skeptics, and provisions that risked locking in new fossil fuel fired generation.  Whew!

So please join us in applauding the Massachusetts Legislature and the Patrick Administration for advancing an important and balanced Energy Bill that will keep clean energy growing!

This spring, clean energy is sprouting up all over Massachusetts. The Commonwealth is now in a terrific position to further solidify its promising trajectory and show the nation how it’s done – so long as we take a few critical actions.

By necessity, CLF and others continue to play serious defense. This includes directly confronting the region’s dirty and uneconomic coal plants, and partnering with local advocates to fend off new power generation facilities that would increase air pollution. This work continues to be an essential part of what we do.

But equally important is our work to advance clean energy solutions. This work is about “keeping the lights on” while reducing the pollution that contributes to climate change and worsens asthma attacks and other health impacts. In the wake of some energizing recent events, let’s take a moment to reflect on the progress we’re making in Massachusetts on the clean energy solutions side of the equation and what we need to do to keep it up.

Governor Patrick Fires Up the Troops

In a rousing and inspired clean energy address before over 200 clean energy leaders last week, Governor Patrick touted Massachusetts’s long list of recent clean energy achievements. It’s an impressive list, including a suite of forward-looking clean energy laws enacted in 2008: the aptly named MA Green Communities Act, Global Warming Solutions Act, and Green Jobs Act. These policies not only are reducing power plant pollution, they also helped spur the clean energy sector to become one of the few bright spots in the recent recession – with more than 60,000 new clean energy jobs in MA alone. At a time when families are struggling, this is indisputably good news.

Particularly inspiring was the Governor’s connecting of clean energy dots: as he noted, we can replace all of Massachusetts’ remaining dirty and uneconomic coal-fired power plants with clean offshore wind. This isn’t pie-in-the-sky futuristic thinking. We already have the tools we need to get the job done. With further contributions from other renewable energy resources, we can redirect the billions of dirty fossil fuel dollars Massachusetts currently sends out of state and instead re-power the Commonwealth with clean alternatives that promote local jobs and improve public health.

Reinforcing that everyone can and should be part of the solution, Boston Bruin Andrew Ference joined the Governor in touting the Massachusetts green revolution. Ference leads by example: he conserves energy by riding a bike, walking or taking the “T” to get around, recycling and composting. All of these simple and healthy alternatives reduce energy waste and associated energy impacts. And the Commonwealth must continue to bring the same dedication and ferocity to the fight for clean energy as Ference does to the rink.

Toughest environmentalist around Andrew Ference May 30, 2012

Cape Wind Hearings Reflect Major Shift

Further evidence of the clean energy revolution in Massachusetts came through a series of Department of Public Utilities (DPU) public hearings in May. The hearings provided opportunities for the public to comment on a 15-year contract for the sale of some of the Cape Wind offshore wind energy project’s output to NSTAR electric. Even at the hearing on Cape Cod, where some opposition long has simmered, Cape Wind supporters vastly outnumbered opponents. The shift more strongly in favor of clean energy was palpable. Dozens of people lined up, often waiting for hours to say that they are willing to pay a modest premium for clean energy from Cape Wind.

One notable dynamic that was not reflected in media reports: an overwhelming number of young people and parents spoke in support of purchasing Cape Wind’s clean power. It’s about choosing a thriving future.

Massachusetts is on a roll. But we cannot afford to stall out just as we’re on the crest of the clean energy wave. Here’s what we need to do now:

• Enact MA Green Communities Act Part II. The 2008 MA Green Communities Act has been a resounding success, propelling Massachusetts to the head of the nation with respect to reducing energy waste, saving Massachusetts hundreds of millions of dollars (and counting), and giving a much-needed boost to the deployment of clean, locally available renewable energy sources such as wind and solar. But some of the Act’s modest programs soon will be maxed out. Fortunately, the MA Senate recently took action through Senate Bill 2214 to build upon the 2008 Act’s key renewable energy programs. Now, we look to the MA House of Representatives to take action to advance these key clean energy measures to the Governor’s desk by July 31.

• Fully implement the Massachusetts Global Warming Solutions Act, including the adoption of regulations to reduce greenhouse gas emissions. The 2008 Global Warming Solutions Act requires Massachusetts DEP to adopt regulations to keep Massachusetts on track to meet its clean energy and climate objectives. Among other advantages, such regulations will provide clear signals to the burgeoning market for clean energy alternatives, and will ensure that global warming pollution is reduced gradually over time. Despite the law’s clear mandate, DEP blew the January 1, 2012 deadline for adopting these critically important regulations. To ensure MA stays on track to meet its 2020 target, it’s essential that DEP take action to adopt smart, effective regulations without further delay.

• Get Cape Wind over the finish wire. More than a decade in the permitting and environmental review process, this project is primed to go forward and begin delivering huge amounts of clean power. CLF will continue to advocate before the Massachusetts DPU for approval of a 15-year contract for Cape Wind to deliver 27.5% of its output to NSTAR Electric customers.

There’s no question that Massachusetts has made tremendous progress on clean energy in the past few years. But as the Governor wisely noted in his clean energy address last week, “winners don’t stand still.” So, Massachusetts, let’s keep moving!

Starting tonight, public hearings will be held around the state on the Cape Wind / NSTAR long-term power purchase agreement. These hearings provide a key opportunity for people to attend and voice their support for this critically important and long-overdue clean energy project.

Note that these hearings are not an opportunity for resurrecting a tired old debate regarding whether or not Cape Wind should be built. State and federal authorities – as well as the strong majority of people of Massachusetts – have answered that question with a resounding YES after over a decade of review. The focus here is on the long-term Power Purchase Agreements signed between Cape Wind and NSTAR.

Hearings will be held at the following locations at the following times:

Natick, Massachusetts
Tuesday, May 22, 2012 at 7:00 p.m.
Natick Town Hall
13 East Central Street
Edward H. Dlott Meeting Room
Natick, Massachusetts 01760

Barnstable, Massachusetts
Wednesday, May 23, 2012 at 7:00 p.m.
Barnstable High School, Knight Auditorium
744 West Main Street
Hyannis, Massachusetts 02601

Boston, Massachusetts
Wednesday, May 30, 2012 at 7:00 p.m.
Department of Public Utilities
One South Station, 5th Floor
Boston, Massachusetts 02110

Recent polls confirm that the people of New England overwhelmingly recognize the need to address the threat of climate change and are willing to pay more for clean energy. With Massachusetts electric bills at a six-year low, the NSTAR/Cape Wind contract would only cost a small premium – about a dollar a month for the average residential customer.  And whenever fossil fuel prices increase again, as they always do, that premium will shrink to an even smaller amount – all while Cape Wind reduces our dependence on polluting and uneconomic fossil fuels like coal. So please join CLF and others in attending these hearings and voicing your support!

The Patrick Administration recently released new rules on biomass energy that will do more to protect critical forest resources. Photo credit: Lizard10979 @ flickr.

Last week, the Patrick Administration released new proposed final rules and guidance on the state’s incentives for biomass energy. It is a big win for our forests, for the role of science in policy making, for efficiency, and for environmental advocates across Massachusetts. I’m proud of the Patrick administration for their tireless work on this issue.

So, what exactly IS biomass? Generally speaking, in the energy context, “biomass” refers to a class of fuels derived from trees and plants. Other types of biomass fuel are organic wastes such as livestock manure, spoiled food, and even sewage. These fuels are, in turn, converted into various forms of useful energy (electricity, heat, transportation fuels) by a very broad spectrum of established and emerging technologies.

When we hear about biomass energy, most often the focus is on large electric power plants. There are many such biomass power plant proposals pending throughout New England, including several in Massachusetts. We hear about them in the news, but rarely is there much talk about why so many biomass power plants are in the permitting pipeline right now. Although not often noted, the reality is that these projects are responding to state and federal economic incentives.

One might assume that state and federal biomass incentives are specifically designed to promote projects consistent with our clean energy and climate objectives, right? Unfortunately, that has not been the case.

Understanding of the substantial potential climate and environmental impacts of biomass power plants has lagged behind the incentive programs. When the incentive programs were created, no one was focused on the potential climate impacts of building power plants that burn whole trees to produce electricity, for example. The thinking was that if a tree were used as fuel, it simply needed to be replaced with a newly planted tree and – voila! – some of our energy needs would be met with a “renewable” fuel.

To the contrary, as we now understand, burning whole trees as fuel results in a climate “double whammy”:

1. Instantaneously releasing all the carbon stored in each tree into the atmosphere; while also
2. Taking whole trees out of commission as carbon “sinks,” no longer capturing and storing new carbon emissions.

Thankfully, the last few years have provided a huge wake-up call. We’ve seen an increasing body of peer-reviewed science about the potential climate impacts of irresponsible use of biomass energy. The forward-looking Patrick Administration itself commissioned a groundbreaking study, culminating in the 2010 “Manomet Report,” to bring that science home to Massachusetts in the context of a hard look at better-designed state incentives for biomass. And now, just last week, the Patrick Administration released new proposed final rules and guidance that infuse this science into the state’s biomass incentives. You can read a copy of CLF’s official statement here.

From a preliminary review, we are delighted to see that the newly proposed Massachusetts rules embrace the three key pillars of responsible policy governing biomass incentives:

1. Adopting science-based standards to seriously account for the climate impacts of eligible biomass facilities and the fuels they use, and ensuring that incentives no longer will be directed toward projects that can seriously undermine our climate objectives;
2. Curbing wasteful use of limited biomass resources by requiring most eligible facilities to meet a minimum efficiency standard of 50-60% (as compared to many existing facilities that are in the range of only 25% efficient);
3. Protecting forests against over harvesting of biomass fuels, for example by prohibiting the harvest of fuels from old growth forests or steep slopes that are vulnerable to erosion, requiring minimum amounts of tree tops and limbs to be retained on the forest floor to replenish nutrients and provide habitat, etc.

Hats off to the Patrick Administration and the team of policymakers who worked tirelessly to infuse the science into such an important policy! They appear to have done a remarkable job balancing many competing interests and considerations, setting a standard that we hope other states and the nation will follow.

Today, the Patrick Administration reached a breakthrough settlement agreement in the proposed merger between NStar and Northeast Utilities, which, if approved, will create one of the country’s largest public utilities. The agreement is a big win for renewable energy, as it positions Massachusetts to finally unleash the power of Cape Wind, our region’s most promising new clean energy source, and to lead the rest of the country forward on offshore wind.

The settlement ensures that this powerful new utility will be in lockstep with Massachusetts’ nation-leading clean energy policies and propel the state forward instead of backwards in implementing them.

This is a significant advancement for Massachusetts and all of New England in a number of regards:

• It removes the last major hurdle to building Cape Wind;
• It ensures that the Commonwealth will continue to reap the cost savings and environmental benefits of the Massachusetts Green Communities Act;
• It will help ensure that imported hydropower does not diminish other renewable energy deployment in Massachusetts and beyond;
• It will reduce barriers to installation and operation of small, distributed renewable energy generating facilities in Massachusetts; and
• It will freeze the merged utility’s rates for 4 years, will require transparent public review of NSTAR’s electric and gas rates before the rate freeze expires, and will deliver – upon approval of the merger – an immediate 50% credit to Massachusetts customers based on expected merger savings during the first 4 years following merger approval

We applaud the Administration for recognizing that a lot of ground needed to be made up in order for this merger to benefit the public and for covering that ground with thoughtful terms that benefit ratepayers and the environment both in the short and the long-term.

For the press release, as well as background materials on CLF’s long standing engagement on this issue, click here.

The Cape Wind offshore wind project moved one big step closer to construction yesterday when the Massachusetts Supreme Judicial Court (SJC) affirmed the MA Department of Public Utilities’ (DPU’s) finding that the project’s costs are reasonable in light of the many benefits it will bring.

Massachusetts’s highest court upheld the November 2010 decision of the DPU, which approved a critically important contract between Cape Wind and National Grid in which the electric utility agreed to purchase half of Cape Wind’s output. Cape Wind opponents had appealed the DPU’s decision— the latest in an endless stream of ill-fated maneuvers intended to block the nation-leading clean energy project from being built.

CLF intervened in the appeal proceeding with fellow environmental groups NRDC and Clean Power Now, making the case that the DPU’s extensively-researched decision showed clearly that Cape Wind’s benefits would outweigh its costs. Among these benefits is the project’s close proximity to areas of high electricity demand, which gives it logistical advantages over obtaining power from more distant energy projects that have been proposed.

The High Court’s validation should make it easier for Cape Wind to secure a buyer for the other half of the wind farm’s output and attract project investors to help finance construction. When built, after more than a decade of exhaustive reviews, Cape Wind will be the nation’s first offshore wind project.

Encouraged by yesterday’s decision, Jim Gordon, president of Cape Wind, spelled out some of the benefits Massachusetts residents could anticipate when Cape Wind is built, including, “creating up to 1,000 jobs, providing Massachusetts with cleaner air, greater energy independence and a leadership position in offshore wind power.”

We at CLF say, “Bring it on…not a moment too soon!”

Simulation of view of Cape Wind from Cotuit, MA. Photo credit: http://www.capewind.org

When three leading environmental organizations seek to get involved in a federal court case about a proposed development project, it’s not usually on the side of the developer. But, this week, CLF, NRDC and Mass Audubon filed a motion to participate as “Friends of the Court” in support of the defendants in five pending federal cases challenging federal approvals of the Cape Wind offshore wind energy project. The plaintiffs, unsurprisingly including the Alliance to Protect Nantucket Sound, are seeking to overturn the federal government’s 2010 approval of the landmark offshore wind project, the first to be approved in the United States.

Our federal court filing comes after more than a decade of exhaustive review undertaken by state and federal authorities, and by CLF and our colleagues in the environmental community – review that served to ensure Cape Wind’s approval was based on sound science and data, and that the project was thoroughly vetted through an open and transparent public process. Our support for the project reflects our findings that Cape Wind’s benefits far outweigh its impacts.

Between CLF, NRDC and Mass Audubon, we pack a couple hundred years of environmental advocacy and stewardship experience.  Collectively, we represent hundreds of thousands of Americans, from nearby Hyannis to far-flung Hawaii, who believe our country should prioritize a true clean energy agenda and move more quickly to deliver on the environmental, public health, energy security and economic benefits of responsible renewable energy. Backing the developer in the Cape Wind case may, at first blush, go against the grain of environmental advocacy history. But in this case, it is fully consistent with our longstanding missions to protect natural resources and public health – here, by advancing a key project that will begin to unleash the tremendous potential of offshore renewable energy, allowing Massachusetts and the region to dial back polluting fossil fuel power generation.