The future? That's what MA Rep. John Keenan wants. (Photo credit: Marilyn Humphries)

Protecting dirty old coal plants. Whacking solar and wind. Sounds like the opposite of the clean energy revolution that is underway in Massachusetts, right?  Or perhaps a belated April Fool?  But no, sadly, these deeply troubling initiatives have been introduced by Representative John Keenan, the new House co-chair of the MA Legislature’s Energy Committee, through amendments to the state budget currently under debate on Beacon Hill.  All on the eve of Earth Day, no less.

These amendments are alarming, and would undo much of the enormous progress that has been made over the past few years with respect to reducing Massachusetts’ reliance on dirty and costly fossil fuels, most of which are imported from faraway lands and offer Massachusetts no economic development benefits.  And the use of the budget process, rather than stand-alone legislation with public hearings, adds insult to injury.   We strongly encourage everyone who cares about clean air and a clean energy economy to ask your Massachusetts state legislators to oppose the Keenan Amendments (# 594, 623 and 640).  For more detail:

Keenan Amendment # 594 would prioritize existing (and even mothballed) coal and oil plants over transmission alternatives – in other words, it would severely discourage upgrades to improve efficiency or capacity of existing power lines or new transmission that would connect to cleaner resources.  This amendment seeks to protect the dirty, obsolete energy generating sources of the past while standing in the way of cleaner alternatives.  Who would benefit?  Dominion Energy, the owner of the Salem Harbor Station coal and oil plant in Chairman Keenan’s District, would benefit more than anyone.  The rest of us would have to continue to pay the price in terms of dirty air.

Keenan Amendment # 623: This amendment would require Massachusetts to prioritize renewable energy that is the cheapest when viewed over a very short three year time period.  As such, it would promote facilities that can be cheaper to build, like biomass, at the expense of solar and wind, which have higher up-front costs but are powered by fuels that are free (unlike biomass).  The amendment would turn on its head the thoughtful balance struck by the legislature less than three years ago when the Green Communities Act was passed, requiring renewables to be “cost-effective” and “reasonable” to qualify for benefits such as long-term contracts.  If this system were scrapped in favor of prioritizing the “cheapest” resource, we probably would wind up with only one type of renewable energy – most likely biomass, possibly hydropower too – rather than the diverse array of clean energy solutions that we need.

Keenan Amendment # 640: The aim of this amendment is to take the MA Renewable Energy Trust’s limit of $3 million per year to support hydropower and convert that limit to a floor, or minimum, for annual investment of MA ratepayers’ dollars in hydropower.  The amendment has a fundamental technical flaw — it tries to adjust the language of a statute that was repealed last year — but otherwise it would guarantee investment in hydropower even if there are far more deserving solar, wind or other renewable energy projects available.

We hope that cooler heads will prevail and these amendments all will be rejected.  Otherwise, coal lobbyists and their clients will be dancing all the way to the bank (ka-ching!) while we face a major setback for Massachusetts’ nation-leading clean energy programs and the enormous environmental, public health and economic development benefits they bring.

The current situation at the Fukushima nuclear power plant in Japan has shone a spotlight on the risks associated with nuclear power. (Photo credit: PACOM, flickr)

In conjunction with a Massachusetts legislative hearing held today on nuclear power in New England, and with the Fukushima debacle still unfolding in Japan, CLF President John Kassel prevailed upon state and federal leaders to answer this wake-up call and take appropriate measures to avoid a similar crisis in New England or anywhere in the United States.

“Several of New England’s remaining nuclear power plants are on their last legs and continuing to prop them up at the taxpayers’ expense is not a viable long-term strategy,” Kassel said. “In the interest of public safety, these aging plants must comply with the latest safety standards within six months, or shut down. In addition, plant owners need to take immediate steps – at their expense – to better secure the radioactive waste now stored at these facilities. The notion that new nuclear power plants should be a cornerstone of our national energy policy is grossly irresponsible as long as there is no solution to the radioactive waste problem.” More >

Today, the EPA announced the first national standard for emissions of mercury and other toxic pollutants from coal-fired power plants. This rule will protect public health, preserve our environment and boost our economy, particularly for New England, which absorbs the downwind effects of air pollutants generated in other regions of the country. Jonathan Peress, CLF’s director of clean energy and climate change, responds.

“Right now, coal-fired power plants are allowed to poison the air we breathe with toxic pollutants like mercury, arsenic and lead. The EPA’s proposed ‘Air Toxics Rule’ will provide critical protection from major health impacts, including cancer, brain damage and birth defects, associated with this deadly brew of as yet unregulated pollutants.” More >

In response to a February 21 order by the Rhode Island Supreme Court, the Conservation Law Foundation (CLF) today filed a brief defending its legal standing in the Deepwater Wind case and issued the following statement:

Jerry Elmer, staff attorney at CLF Rhode Island, said, “If CLF and others are denied standing in this case, it will have the effect of shutting down the process for reviewing and appealing the PUC’s decisions on renewable energy contracts, not just in this case, but potentially on all future contracts as well.”

Tricia K. Jedele, director of CLF Rhode Island, said, “The need for a fair and open process to ensure that renewable energy development is done right in Rhode Island is at the heart of CLF’s case. That fair and open process begins with a finding by the Court that CLF has standing to pursue this appeal on behalf of its members and in the interest of Rhode Island’s clean energy future, which is in the public interest.”

CLF has intervened in proceedings regarding the proposed merger of Northeast Utilities (NU) and NSTAR, which combined would create the third largest utility in the country and the largest in New England. CLF has intervened in the proceedings before the Massachusetts Department of Public Utilities (DPU) to ensure that the merger will only be allowed to go forward if it is “consistent with the public interest.”  This will require a thoughtful analysis of the merged utility’s long-term strategies for delivering energy while fully meeting the greenhouse gas emission reductions, renewable energy and energy efficiency requirements of the MA Global Warming Solutions Act and Green Communities Act.  It also will require a close look at the economic and environmental risks posed by the energy generation assets that would be owned by the merged utility.

One of CLF’s concerns is that NU subsidiary Public Service of New Hampshire (PSNH) owns and depends upon outdated, inefficient coal- and oil-fired power plants. These plants – which are obsolete and increasingly more expensive and less economic to operate – present risks and liabilities that would be spread to NSTAR’s ratepayers if the merger goes forward.  Another concern is that the merged utility might seek to weaken Massachusetts’ renewable energy standards, as suggested in some of the utilities’ public statements, allowing large hydropower to “flood” the market (pun intended!) and chill development of other renewable energy sources such as small wind and solar facilities.

Currently, the procedural schedule for the merger proceeding pending before the Massachusetts DPU has been suspended while the DPU considers whether to modernize the legal standard it will apply.  CLF and other parties have asked that the legal standard be adapted to account for changes in relevant laws, including the Global Warming Solutions Act and Green Communities Act.

Stay tuned as we await the DPU’s ruling and further action in the merger proceeding!

Photo courtesy of NRCM

At a press conference held yesterday, CLF and our colleagues at the Natural Resources Council of Maine (NRCM) shined a spotlight on 50 bad bills that are now working their way through the state Legislature. If passed, these bills could:

• Open up the three million acres of the North Woods to development
• Repeal the ban on BPA and flame retardant chemicals that are hazardous to our health
• Allow big polluters to not be held accountable for cleaning up their own mess

A list of those bills is here, as are some media clips from Maine Public Broadcasting Network, the Portland Press Herald and the Lewiston Sun Journal related to yesterday’s conference.

The assault on Maine’s environmental protections continues, and we will continue to fight back—but we need your help. If you haven’t already, please add your voice to the effort by contacting your local legislator, submitting a letter to the editor to your local paper, or by becoming a member of CLF.

One of the easiest ways to make bad decisions is to allow ourselves to be drawn into a false choice – to see two options as an “either/or” where seeking one goal means stepping away from another. This can be a false choice because, fortunately, sometimes making the right decision will yield a double benefit.

When we have an opportunity to reduce energy use and harmful emissions while building jobs and the economy we encounter that kind of golden moment: when the right choice yields double, triple and even quadruple benefits.

There are people who will reject this formulation – who will present that most fundamental of false choices: the flawed argument that making the right choice for our environment and the public health is bad for the economic health of our communities and building jobs.

We are surrounded by proof that economic benefit flows from the same actions that reduce dirty energy use and emissions. The nation-leading energy efficiency programs funded by the Regional Greenhouse Gas Initiative (RGGI) which have created jobs while slashing the energy bills of families and businesses of the Northeast is a prime example.  A recent report issued by the states participating in RGGI (described here) provides hard numbers documenting this happy phenomena.

But we can do far better – and we need to if we are going to address the fundamental challenge of global warming and if we are going build the new economic base that can provide jobs and financial security for the future. Building that cleaner and more secure future will mean building on the successes of RGGI, making it more effective in reducing emissions and creating even more investment in energy efficiency so it slashes even more customer bills and creates even more jobs.

Somerset residents gather in front of the plant. (Photo credit: Shanna Cleveland, CLF)

Massachusetts moved one step closer to a coal-free future this week as NRG, owner the Somerset Station power plant located in Somerset, MA, announced that it will shut the plant down permanently, effective immediately. The 85-year-old plant shut down initially in January 2010, after CLF and Somerset residents brought an appeal with regard to NRG’s plans to repower the plant using an experimental technology known as plasma gasification. Earlier this month, NRG asked the Massachusetts Department of Environmental Protection (MA DEP) to withdraw approvals for those plans, saying the company had decided not to pursue its plasma gasification project that would have used fuels including coal, construction and demolition debris and woody biomass. MA DEP granted the request on February 18. More >

Learn more about CLF’s Coal-free New England Campaign >

(Photo credit: Marilyn Humphries)

One small step for man, one giant leap for coal–or lack thereof. Under pressure from public health groups, environmental organizations, political leaders and community members, Dominion Energy of Virginia has taken another important step toward closing Salem Harbor Station, its 60-year-old, coal-fired power plant in Salem, Massachusetts. Known as a “non-price retirement” request, the move represents an official request to the electric system operator, ISO New England, to allow the plant to shut down permanently.

Shanna Cleveland, staff attorney for Conservation Law Foundation (CLF), said, “Dominion’s actions put Salem Harbor Station on a path to shut down by 2014. Combined with its recent statements to shareholders that it doesn’t intend to invest any more capital in the plant, it is clear that Salem Harbor Station cannot operate profitably. The only issue remaining is whether the plant will shut down sooner than 2014. An unprofitable plant is still a polluting one, as long as it operates.” More >