In Washington, D.C., a good deal has been announced bringing together the Federal government, the state of California and auto manufacturers.  As our friends at the Union of Concerned Scientists note, these standards will:

• Cut oil consumption by as much as 1.5 million barrels per day — 23 billion gallons of gasoline annually — by 2030. That is equivalent to U.S. imports from Saudi Arabia and Iraq in 2010.
• Cut carbon pollution by as much as 280 million metric tons (MMT) in 2030, which is equivalent to shutting down 72 coal-fired power plants.
• Lower fuel expenditures at the pump by over $80 billion in 2030 — even after paying for the cost of the necessary technology, consumers will still clear $50 billion in savings that year alone.

The real story behind this settlement is about a fundamental choice between two paths.  One path was the road taken, where the emissions standards for cars and trucks are integrated with mile-per-gallon (MPG) standards and California and the Federal Government both adopt and agree to the standards.

The other path was to return to the state of affairs that prevailed prior to 2009.  At that point, a fleet of states had adopted standards for greenhouse gas emissions from cars and trucks first developed and adopted by California. This came about because of the unique ability of California under the federal Clean Air Act to adopt its own standards and for other states to follow suit.  With the laudable decision by the Federal government (after legal challenges to the standards were shot down in court in California, Vermont, Rhode Island and Washington, D.C.) to adopt a modified version of those state-based standards and the integration of those emissions standards with the MPG rules, three different regulatory systems were folded together into one positive package.

California, and the states inclined to follow it (there were 13 at the time of that deal back in 2009), had a deserved presence at the table in Washington.  If the new federal standards were strong enough, the states could simply go their own way – but that wasn’t needed, and hopefully will not be necessary going forward as the new rules are fleshed out and implemented.  Having two sets of vehicle standards in the U.S. was not a terrible thing when we lived with it for 25 years – but having one good standard for the nation is better.

A good deal was struck in Washington (a nice thing to be able to say!) and the power of the states to chart their own course did not need to be invoked – but the fact that power exists, along with the other other good elements of the Clean Air Act (a great law being attacked daily in Congress) helps move us towards cleaner air and better cars.

The nuclear industry – and Entergy in particular – sure seems to have problems keeping promises.  Back in the 70s, nuclear power was “too cheap to meter.”  With Vermont Yankee, Entergy officials swore under oath there were no underground pipes.  Then those pipes were found to be leaking.  Last month, Entery told a federal court judge it needed an immediate court order to stay open to make the $65 million investment in new fuel.  The Court didn’t buy Entergy’s bullying and last week declined to order a preliminary injunction.  Today, Entergy announced it will purchase the fuel anyway.

Entergy’s fuel purchase decision is not surprising.  The court’s order noted that refueling will cost between $60 and  $65 million, and Vermont Yankee will generate $90 million in revenues by operating until March 2012.  Vermont Yankee’s revenues will cover its fuel costs.

Still, this is a dubious and risky business decision for Entergy.  Their Nuclear Regulatory Commission license is on appeal.  CLF is representing the New England Coalition in this appeal.  Also, Vermont Yankee does not have the needed permission to operate from Vermont past 2012.  This is an old reactor with a long and troubled history.  Retiring the facility as planned on March 2012 is the responsible thing to do.

Entergy’s credibility is buried along with its leaky pipes.  Any economic risk is Entergy’s own making.  Vermont continues to have a strong legal case.  States have the right to decide their energy future and land use and shouldn’t be forced to accept polluting, unreliable and untrustworthy nuclear plants and operators.  Let’s leave a clean energy legacy to our children and grandchildren.

Merrimack Station power plant in Bow, NH. (Photo credit: John Moses)

Today CLF filed a federal Clean Air Act citizen suit in New Hampshire federal district court against Public Service Company of New Hampshire (PSNH), the owner of Merrimack Station power plant for the plant’s repeated failures to obtain required air permits. CLF’s citizen suit also cites numerous violations of Merrimack Station’s current permits and the resulting illegal emissions from the plant.

Merrimack Station  is among the most polluting coal-fired power plants in New England and is the single largest source of greenhouse gas emissions in New Hampshire, releasing over 2 million pounds of toxic chemicals every year. In addition, the plant is causing PSNH’s energy rates (already the highest in New Hampshire) to steadily climb as ratepayers are forced to foot the bill for the above-market cost of keeping PSNH’s old coal plants in operation.

CLF’s complaint contends that the plant, which is more than a half-century old and is in the midst of a major, multi-faceted life extension project, never obtained required permits authorizing renovations to major components of Merrimack Station, including much of an electric-generating turbine, even though the changes increased pollution from the plant.  As predicted by PSNH’s own projections, the changes led to more emissions of pollutants, including smog-causing nitrogen oxide and particulate matter, or soot, which causes respiratory problems when inhaled and is linked to increased hospitalizations, lung damage in infants and children, and premature death.

“In the course of this project, PSNH has repeatedly violated the Clean Air Act, putting the health of the public, especially children and senior citizens, at risk,” said Christophe Courchesne, CLF staff attorney. “PSNH is not above the law and CLF is committed to holding them accountable. With PSNH trumpeting the supposed ‘clean air’ benefits of the Northern Pass project with full-page ads in newspapers across New Hampshire, it is imperative to shine a light on PSNH’s coal plants, which easily cancel out the purported benefits of Northern Pass.” Read more >

As American dependence on foreign oil only grows stronger, high unemployment remains steady, and pollution continues to rise, the current state of domestic affairs seems bleak.  One bright spot, however, aims to address and make a serious dent in these national crises: the electric vehicle (EV).  So bright is the future of EVs that over 180 businesses, municipalities and public interest groups – including the CLF – have signed a statement of support to advance EVs in the U.S.

With the magnitude of national problems and the strong universal support for the EV solution, I set out, as a newbie to EVs, to understand what all the hype is about.

Edison with an electric car in 1913. (Photo credit: americanhistory.si.edu)

While long touted as environmentally friendly and in many aspects superior to fossil fueled vehicles, the EV remains little understood, especially to a novice like myself.  Typically, when I hear EV I think Toyota Prius or Honda Civic Hybrid, but as the name implies, these are hybrids of gasoline engines and rechargeable electric batteries.  An EV is different as it runs on 100% electric power, foregoing the need for gasoline, excessive emissions, and perhaps most importantly, excessive prices at the pump.  In fact, using the national average of $ 0.11/kwh, it costs a mere $ 2.75 to fill up an EV Nissan Leaf to travel 100 miles!  To travel 100 miles in my modest Subaru Impreza at my local gas station’s regular unleaded price of $ 3.72, it costs $ 16.90!

The Tesla Roadster, the industry's fastest production EV at 3.7 0-60 mph and 245 mi. range. (Photo credit: Tesla Motors)

But someone like myself may ask: Where do I charge up?  The answer is simple: At home!  While the infrastructure for public charging terminals is still under development, imagine if you could essentially have a fuel station at your home, open 24/7, and charging next to nothing rates.  Well no need to imagine, as home charging stations for EVs are the mainstay of the current EV fleet, with charging times ranging from 3 to 7 hours to charge a car from empty to full.  With prices ranging from $1000-$2200 installed, home charging stations can appear pricey.  But no need to fear the sticker, as you will easily make that cost back in a year, as my Subaru Impreza has an EPA estimated annual fuel cost of approximately $2,500, compared to the EV Nissan Leaf’s annual fuel cost of around $550!

Finally, for those of us who have a hard time conceptualizing a world where cars run on electricity, Nissan has an interesting ad that flips the perspective to a world where everything runs on gasoline; suffice it to say, you don’t want it.

What can the EV do for American job growth?  For starters, EVs have already been successful in jumpstarting job growth and placing the U.S. in a competitive position in the manufacture of EV components.  Within three years, more than 20 different EVs will be on the market, with EVs and their components being built in at least 20 states.  Furthermore, the future of EV infrastructure will provide countless job opportunities for Americans, which will not only strengthen our economy, but do so in an environmentally and economically sustainable way.

While cost savings and job growth are both attractive benefits to EVs, perhaps the greatest benefit is to environmental and public health.  The transportation sector is a significant cause of both global warming and air pollution, which affects everything from the global climate to those with sensitivity to air pollutants, such as asthmatics.  EVs have little or no tailpipe emissions, and even when power plant emissions are factored in, still have lower overall emissions of CO2 and other harmful pollutants, than traditional fuels.

Finally, where utilities provide clean energy options – natural gas, wind, solar, etc. – EVs could become truly zero emission vehicles, turning one of the America’s biggest environmental and public health problems into a solution for the world to follow.

As America faces some of the most difficult economic and environmental times in our nation’s history, the EV stands as a simple solution to tough problems.  It is not often that a decision can be made that saves you money, creates jobs and improves environmental quality.  The EV does all three.  The only thing standing in the way of success is ultimately the consumer, of which I will happily become one at the next chance I get, knowing that my EV will essentially pay for itself, while creating American jobs and saving the environment.

Editor’s note: Cory McKenna is a Cavers Legal Intern at CLF Maine. He is a student at the University of Maine School of Law.

Bike share programs are already fixtures in cities like Washington, D.C., above. (Photo credit: S. Diddy, flickr)

“Hubway,” Boston’s long-anticipated bike share program, is set to open this month. With 600 bikes at 61 stations around Boston (one a block away from CLF’s Boston office at the corner of Summer and Arch Streets!) and surrounding areas, Hubway will facilitate transportation around Boston by reducing crowds on the T and providing access to places that the T does not currently reach. Moreover, Hubway will contribute to fewer greenhouse gas emissions from the transportation sector– the largest single source of GHG emissions in the state– and create a more livable city with better transportation options to get people out of their cars and into their communities.

Already very successful in Europe, bike share programs are increasing in popularity in the U.S., and already exist in cities such as Minneapolis, Denver, and Washington, D.C. Many people in the Boston area are excited about the prospect of being able to grab a bike, go where they need to go, and return it at any station convenient to their destination. Operating three seasons a year (the system closes in the winter), Hubway offers 24-hour, 3-day, or annual memberships, allowing members access to all of the bikes and free rides under 30 minutes.

In anticipation of this program, Boston has been working hard to make the city more bicycle-friendly. In the past few years, 38 miles of bike lanes and 1,600 public parking spaces for bicycles have been built. However, there is still a lot of work to be done to prepare for this big change in how we use our roads. Currently, the Boston Police are getting ready for the influx of bicyclists. Focusing mostly at intersections known to have frequent crashes, Boston police officers are prepared to hand out tickets to drivers and bicyclists alike for disobeying traffic laws. The residents of Boston will have to learn to share the road regardless of whether they are biking or driving.

However, we at CLF believe that that’s a small price to pay for the myriad of benefits that Hubway will bring. The program will increase transportation choice and reduce greenhouse gas emissions, while saving consumers money on gas and helping them get a little exercise while they’re at it, which will lead to public health benefits as well.

Learn more about CLF’s work to modernize transportation and build livable cities.

Editor’s note: Hannah Cabot is the summer 2011 communications intern at CLF Massachusetts. She is a rising senior at Milton Academy in Milton, MA.

Vermont moves a step closer to shuttering the aging Vermont Yankee nuclear power facility as planned in 2012.

In a strong rebuke to Entergy, the facility’s owner, the United States District Court denied a request to keep the plant open while Entergy’s legal challenge proceeds.  Entergy sued Vermont in April.  Entergy seeks to prevent Vermont law – which requires state approval - from taking effect.

The Court denied Entergy’s request for a preliminary injunction, stating:  ”This Court declines to order short-term drastic and extraordinary injunctive relief that will not offer certainty either in the short or long term, and will have no operative effect on state actions before trial.”

The Court rejected each of Entergy’s claims of harm.  The Court noted that a decision about refueling is “a business decision made very difficult by the uncertainties of litigation.”  The Court stated:  “In the unique circumstances presented here, the decision to refuel is either not harmful if Entergy prevails on the merits, or is not a cognizable injury if Vermont’s statutes are upheld.”    Refueling would cost between $60 and $65 million.  Revenues of $90 million would be earned from operating the plant until its planned closure in March 2012.

A full trial will take place this fall.  The Court’s decision on the injunction is a solid victory for Vermont at this stage.

Map of Northeast Energy Link (potential route in yellow)

Earlier this week, National Grid, Emera, and First Wind announced preliminary plans for a major new transmission project between northeastern Maine and Massachusetts – the Northeast Energy Link (NEL).  The financing structure for the project, known as “participant funding,” is similar to the structure that federal regulators approved for the Northern Pass project in 2009.  NEL would consist of 220 miles of underground, high voltage direct current (HVDC) transmission lines, apparently to be sited in existing rights of way and transportation corridors, that would deliver 1,100 megawatts of power from future wind projects in northern Maine, as well as additional imports from Canada, to southern New England. National Grid and its partners have apparently found a way to make the economics of burying lines in already disturbed corridors work.  This development deeply undermines the continued refusal of the proponents of the Northern Pass project, despite CLF’s and others’ repeated requests, to consider the same approach.

NEL is an intriguing proposal, particularly because it emphasizes New England-based wind resources. As with Northern Pass, the proposal warrants thorough review through robust, comprehensive permitting processes.

More immediately, the proposal underscores the urgent need for the regional energy study CLF and others are requesting within the Northern Pass permitting process.  There simply is no comprehensive plan in place addressing the best approaches for facilitating imports of Canadian power, if needed, and for adequately connecting homegrown renewable resources in remote areas to customers in southern New England.  With no plan, all we can do is react, piecemeal, to each private proposal that comes along.  Our energy and environmental agencies should be assessing the need for new transmission projects and then should consider only the best approaches that prioritize energy efficiency, minimize environmental impacts, reduce our reliance on the dirtiest power plants, and provide real public benefits. 

The recent delays in the Northern Pass review mean that the U.S. Department of Energy has a golden opportunity to help develop a regional plan, along with other stakeholders in the New England states and elsewhere in the Northeast.  CLF-NH Director Tom Irwin and a number of the other organizations that joined our motion to DOE seeking such a study make the case on the op-ed page of today’s Concord Monitor.  You can access the op-ed here.

A judge in New Jersey has determined, after an exhaustive legal proceeding, that RGGI, the regional program to regulate emissions of Carbon Dioxide (the primary pollutant causing global warming) from power plants,  can and must keep confidential internal market information. All sophisticated auctions and markets, like the stock and commodities markets have very similar rules because the traders who operate in these markets could potentially manipulate and subvert the market if they had internal information, like exactly what other businesses bought and sold, and the exact prices they paid.

When the ideological opponents of climate action filed a lawsuit in New Jersey to force full disclosure of all information about the RGGI auction they were in effect asking to force disclosure of this information, a release that would have created a real risk of market manipulation.  Even more suspiciously, it appeared that some of those same opponents were financially backed by businesses who were trading in the RGGI market and would have financial interests in the release of that information.

Now that lawsuit has been dismissed by a wise judge in New Jersey.  In a 75 page decision (posted on the website of the organization that brought the lawsuit) the judge determined that “Clearly, the RGGI auction information is often identified as confidential due to the detrimental effect its release would have on the auction process . . . Thus, the court agrees with defendants that the [disclosure] request—including the names of the bidders, individuals bids, and amount and type of allowances requested are proprietary commercial or financial information and should be not be disclosed.”

The bottom line is that RGGI continues to function, acting as a limit on greenhouse gas emissions from power plants and a critical source of support for clean energy development, especially the deployment of energy efficiency.  It is a well functioning market and program and should be preserved and enhanced.  The judge’s decision was not unexpected as this kind of internal confidentiality is so needed and common and is a complete vindication for the states in the RGGI program and the folks who administer the program for them.

Photo credit: DOT

The nation’s debt crisis has been captivating lawmakers in recent weeks, and they are grasping at anything that will help their respective positions, including last month’s bleak jobs report that reflected a creeping rise in unemployment to 9.2%.  Yet against that sobering backdrop is a positive trend that reflects where employers are steadily heading: the green economy.  The green jobs sector is faring better than most nationwide, and Maine in particular is ahead of the growth curve, according to a new report released today by the Brookings Institution.

Governor LePage has been outright dismissive of “green” or “clean” jobs, claiming in May that “The majority of these ‘green jobs’ are temporary.” But the data collected by the Brookings Institution spanned over seven years.  Between 2003 and 2010, Maine added 2,914 clean jobs for a total of 12,212 clean economy jobs in the state, a rate that reflects a 4% annual growth rate in this sector compared to the 3.4% national average.  The average annual wage of a green job in Maine was $36,460, and sample clean economy employers included Ocean Renewable Power Co., LLC, Tom’s of Maine, Inc., Cianbro Corp., Woodard & Curran, Inc., and Hancock Lumber Co., Inc.

Some of the largest segments in the state include jobs related to conservation, waste management and treatment, public mass transit, sustainable forestry products and energy-saving building materials.  The green economy is an important element of the state’s future financial well-being, and the economic activity includes a broad swath of products from wind turbines and solar photovoltiacs to services such as mass transit and regulation.

The trend here in Maine reflects what is happening on a national scale: while almost every other job sector is ratcheting back and waiting for some break in the recession, positions tied to sustainability and renewable energy are taking off.  Nationally, the clean economy employs 2.7 million people, double the 1.2 employed by the fossil fuel industry according to the Pew Center.

Entirely new positions, such as “Chief Sustainability Officers” are being created to ensure that companies are not only environmentally responsible but take advantage of cost-saving mechanisms through energy efficiency.  According to the Wall Street Journal, the number of job postings containing the keyword “sustainability” more than quadrupled in May of this year.  The number containing “wind” and “solar” more than doubled in the same time period.

For a country that consumes 19 million barrels of oil per day, it is refreshing to see a trend that reflects a critical acknowledgement: business as usual leaves us vulnerable.  A paradigm shift in hiring priorities and business practice gives us hope for economic and environmental sustainability.  And a big “attaboy” to Maine for fiercely trudging along and outpacing the national growth trends.