While harm from climate change becomes more apparent every day, EPA is dragging its feet in setting much-needed limitations on greenhouse gas emissions from new power plants. This failure is a plain violation of the Clean Air Act. So CLF recently took the first step to spur EPA into action. Working with attorneys at Clean Air Task Force, we let EPA know that if it does not act, we will sue.

Kite on Marconi Beach, courtesy of EandJsFilmCrew @ Flickr. Recent extreme weather caused significant damage at Cape Cod’s Marconi Beach.

The Clean Air Act requires EPA to issue regulations limiting emissions of air pollutants that may “endanger public health or welfare.” We know well that greenhouse gases drive climate change and therefore endanger public health and welfare in many ways: droughts pose risks to our food supply; sea level rise increases flooding of vulnerable communities; and extreme weather events threaten to wash coastal infrastructure out to sea. Nevertheless, during the early and mid-2000s, EPA all but ignored greenhouse gases. Many states and environmental groups (including CLF) sued to make EPA do something.

First, we argued, greenhouse gases are air pollutants subject to EPA regulation. Second, we said, EPA had to decide one way or the other whether greenhouse gases were dangerous; if so, the Clean Air Act imposes an absolute duty on EPA to regulate them. In a fine opinion by now-retired Justice Stevens, the Supreme Court agreed with us: greenhouse gases are pollutants subject to EPA regulation, and EPA had to decide whether they are dangerous. Two years later, EPA decided that greenhouse gases do, in fact, pose a danger to public health. This means EPA is required by law to regulate them.

After all that, EPA did begin to regulate greenhouse gases. However, it did not limit emissions from the single largest category of greenhouse gas polluters – power plants – which account for nearly 40% of the nation’s carbon dioxide emissions. If any polluters need robust regulation, power plants do. Finally, after more pushing from CLF and other environmental organizations, EPA published proposed standards for greenhouse gas emissions by power plants.

Under the Clean Air Act, these proposed standards started a clock – EPA had one year to issue final rules. Instead, EPA announced on Day 364 that the final rules would be delayed indefinitely. This delay is both illegal and wrong. EPA now has sixty days to fix its error and issue final rules that seriously address the most pressing problem of our time.

If it does not, CLF and Clean Air Task Force will turn to federal court to compel EPA to act.

Come join Conservation Law Foundation and our allies THIS SATURDAY in Burlington, Vermont for a discussion on Vermont’s Energy Choices.

Vermont’s Energy Choices: Old Dirty Problems and Clean Energy Solutions
Saturday, April 27th, 1:30 PM at the Billings Auditorium at UVM in Burlington

The time is NOW to move away from dirty sources of energy such as tar sands, nuclear, oil and coal. Solutions are available now to move us away from expensive, dangerous and polluting energy.

Come hear national and international experts on the problems of dirty energy – from fracking to tar sands – and  the real-world successes of renewable power – including community based renewable power in Europe.

Throwing up our hands is not an option. Come find out how to make a clean energy future our reality.

You can sign up and more information here:  See you Saturday!

The Vermont Public Service Board will be holding a public hearing on the proposed expansion of Vermont Gas facilities.

Vermont Gas Systems Expansion

Thursday evening, March 21, 2013

7:00 p.m 

Champlain Valley Union High School in Hinesburg, Vermont

At a time when climate change is upon us we must think carefully about putting in place new fossil fuel systems that will be around for a very long time. Keeping us hooked on fossil fuels for many years is a bad idea.

The Board will be considering the proposed route, which runs through valuable wetlands and farmland. This is the beginning of a bigger project to supply gas across Lake Champlain to New York. It also moves Vermont closer to being able to access gas supplies from fracking, which is ongoing in New York and Pennsylvania.

Come let the Board know what concerns you have. Tell the Board you want to make sure energy is used wisely and that Vermont takes steps now to reduce our addiction to fossil fuels. It is important for the Public Service Board to hear from you.

Mount Tom power plant in Holyoke, MA.

A familiar story appears to be unfolding at the Mt. Tom coal plant in Holyoke, Massachusetts. According to recently released documents, the owner submitted what is known as a Dynamic Delist Bid with ISO New England (ISO-NE), the operator of the New England electricity system and markets, and ISO-NE accepted the bid.

This means that during the 2016-2017 capacity commitment period the plant will not be obligated to run and will not receive any capacity payments. The plant could still run and be paid for the electricity it makes, but the act of de-listing means that Mt. Tom’s owner thinks there is a significant chance it will not be economic for the plant to run during that year.

This is not surprising given the sharp decline in how often the plant has been running over the past few years:

This news is particularly significant for two reasons:

• First, submitting a de-list bid to leave the market for one year has been the first step on the path to retirement for two other coal-fired plants in Massachusetts, Somerset Station and Salem Harbor Station;
• and Second, the fact that ISO-NE accepted the de-list bid means that it determined that Mt. Tom can exit the capacity market for that timeframe without any impact on reliability. That’s a good indication that Mt. Tom could permanently retire without impacting the system, although some additional analysis would need to be done.

Although this is welcome news, because it means the end of a long legacy of pollution, it is not surprising. Even Brayton Point, New England’s largest power plant is facing desperate financial circumstances. Coal-fired power plants have been faltering across the country over the last two years, and CLF, Coal Free Massachusetts and local allies have been warning that Mt. Tom is not only a polluting, outdated relic but that it is also an unprofitable, unstable source of revenue for the City of Holyoke and that now is the time to plan for a cleaner, brighter future.

A task force created to examine the issue of retiring, demolishing, and eventually redeveloping the sites of aging coal-fired power plants in the Commonwealth will be visiting Holyoke on March 6 for a meeting with ISO-NE and a tour of the Mt. Tom plant.  CLF and its local allies are urging the task force to open this meeting to the public and to solicit more public input on the process.  Thus far, although meetings have been open to the public, there has been little effort to engage local community members.  Engaging the public is critical to an open, fair, transparent process that will create results that the entire community can get behind.

CLF and CLF Ventures couldn’t be more excited about the opportunities for innovation in financing that build our regional food system. We’re working to foster greater investment in the innovations that will transform our communities, make us more self-sufficient and resilient to climate change, and build a sector that will sustain us over the long term. That’s why we recently partnered with Federal Street Advisors, a wealth management advisory firm for families and foundations, to co-sponsor a regional summit, Financing a Sustainable Food System for New England. Together with Federal Street Advisors, we gathered a select audience of interested investors and invited both seasoned and emerging entrepreneurs and experts from around New England to tell their stories, focusing on the critical issues in growing and financing sustainable food businesses. The room was full of excitement, stories, and passion for food, and several important themes emerged:

• GROWING DEMAND FOR SUSTAINABLE FOOD:
  

  (L-R) Mass. Agricultural Commissioner Greg Watson and Ed Maltby of Adams Farm Slaughterhouse

  Greg Watson, Massachusetts Agricultural Commissioner, explained that supply currently can’t match demand. He proclaimed that this is not a trend, “this is the future of agriculture!”

• NEED FOR ALTERNATIVE FINANCING:
  Several entrepreneurs, including Ed Maltby of Adams Farm Slaughterhouse and Bill Eldridge of Maine’s Own Organic Milk, spoke of the need for alternative financing that allows the organic growth of their business and matches the timing and return expectations of their business models. While some models do create high value, others are challenging to do profitably, because the value of the sustainable dimension is not yet captured in the economics. For example, farming organically creates the need to certify, but for smaller growers, the “local” advantage can’t compete with large national businesses.

• CONTRIBUTION TO CLIMATE RESILIENCY: 
  

  Dorothy Suput, The Carrot Project

  Many panelists discussed the role of sustainable agriculture in addressing resiliency to climate change, including Roger Berkowitz of Legal Sea Foods, who mentioned fish ranching as a strategy to address the declining coastal fish populations resulting from warming waters, and Henry Lovejoy of EcoFish, who explained, “We don’t need to raise any food that’s bad for the planet.”

• NEED FOR AGGREGATION: Aggregation was a theme — farmers and investors alike can benefit from pooling resources to make innovations, and investments in them, sustainable.

There were many key ideas conveyed, but I have to commend Chuck Lacy of Hardwick Beef for delivering two memorable take-aways:

• “You can’t just show up and get my tenderloins!” (Relationships are critical)

• “If you’re lucky, you will plant a seed that will help change an industry” (to potential investors)

Raw bar, courtesy of Island Creek Oysters

Of course, no sustainable food summit would be complete without good eats, and the Financing Sustainable Food System summit showcased an abundance of local and regional treats, including grass-fed beef stew with panelist Chuck Lacy’s Hardwick Beef, fish and seafood from panelist Jared Auerbach’s Red’s Best, and many donated items, including an Island Creek Oysters raw bar, desserts from Henrietta’s Table of Cambridge, an assortment of prepared foods produced at Boston culinary incubator CropCircle Kitchen, and dozens of other tempting New England products.

CLF has a long history of work on sustainable agriculture issues in New England, including efforts to improve the sustainability of our fisheries.

• In our current Sustainable Farm and Food Initiative, CLF and CLF Ventures focuses on issues of growing urban agriculture, developing innovations to overcome market and policy barriers, here in Boston and throughout the region.

• CLF Ventures is working to regionalize a fish permit investment fund in the Gulf of Maine, aiming at the triple bottom line of social, environmental, and economic benefits.

• And through our partnerships with Federal Street Advisors and others, we are evaluating the sustainability claims and working to bring structure and discipline to the innovation and excitement of social entrepreneurship.

CLF and CLF Ventures have a vision for reinventing our food supply that

• builds on our region’s history and tradition of self-reliance and our roots in fishing and farming;
• leverages our culture of innovation as a firm foundation for our regional economy;
• creates healthier ways to feed ourselves;
• combats climate change; and
• rebuilds the health of our environment.

CLF Ventures co-organized the Sustainable Food System summit to discuss the benefits of investing in this growing economic sector, including greater food security and higher quality food, job creation, and improved quality of life for our urban and rural communities. The need to build capacity and sustainability in our food supply creates an opportunity to invest in sustainable economic growth for our region. Key to this growth is an understanding of the barriers — such as the need to aggregate production and distribution to scale, the need for effective financing models, for policy changes, for new public and private partnerships, for market development — and understanding the extent to which the emerging alternatives unlock the potential.

By design, there was a lot of expertise and activity in the room — from seasoned entrepreneurs and investors as well as from the next generation of innovators. We were fortunate to have generous co-sponsors: Goodwin Procter, Pinnacle Associates, Trillium Asset Management, and Eastern Bank. We are not the inventors of the idea, but we are the ones to carry it forward.

Stay tuned for updates on our urban farming work, triple-bottom-line funds, links between climate change, resilience, and sustainable farming practices, as well as entrepreneur stories, expert advising and more.

As the exuberance for “cheap, domestic” natural gas has heightened, so has pressure to build new pipelines and power plants.  Often lost in the frenzy, however, is the sobering reality that our existing natural gas infrastructure is in need of some serious care and attention.  A recent study highlighted the fact that the pipelines that deliver gas to our homes and businesses are riddled with thousands of leaks.  A large number of those leaks can be blamed on a system that still includes significant amounts of cast iron–some of which dates back to the 1830s.

Explosions in Philadelphia and Allentown, Pennsylvania in 2011 as well as a 2009 explosion in Gloucester, MA were traced to aging cast iron.  Coupled with the massive San Bruno explosion, the issue spurred the U.S. Department of Transportation to issue a “Call to Action” urging regulators and pipeline operators to accelerate the repair and replacement of high risk pipe.  Given this sense of urgency, the estimated timelines for replacement seem interminably long:

•  81% of the remaining cast iron is buried in only 10 states:

• Of these states, seven have implemented programs with deadlines for complete replacement:

• New Jersey – 2035; New York – 2090; Pennsylvania – 2111; Michigan – 2040; Illinois – 2031; Alabama – 2040; Connecticut – 2080; Missouri – 2059.

Really? Decades to get the job done, at best?  And about a century to fully “modernize” pipes in some states? Sad, but true.

Though public safety is the primary driver behind pipe replacement and repair, whether the natural gas industry ultimately delivers on its claims for being less damaging to the climate than oil or coal depends on how well natural gas infrastructure addresses leaks.  In addition, those who are clamoring to blindly forge ahead expanding new natural gas infrastructure before we’ve fully assessed the condition of our current system would do well to remember the lessons that New England has already learned so well about the financial and environmental benefits of looking to efficiency first.  Not only is investment in new pipelines and power plants expensive, but it comes with serious and lasting environmental consequences whose costs are too often discounted or ignored.  Why not maximize opportunities for operating the existing natural gas system more efficiently first, before building (and paying for) more?

Despite the fact that we know natural gas prices are predictably volatile, several states have begun to take action to lock energy customers into long-term commitments to buy natural gas-fired power, thus locking them into paying for the fuel even when the price spikes.  For example, here in Massachusetts, one legislator has championed the idea of providing 10-20 year long term contracts for a new natural gas plant.  The problem with signing a long-term contract for electricity from gas is that while customers benefit when the cost of gas is low, they suffer when the price spikes, as it inevitably does.  That’s notably different from long-term contracts for renewable energy which typically have a guaranteed, fixed price.

Proposals for new massive interstate pipelines are in the works as well.  Spectra, a Houston-based natural gas pipeline company is proposing a $500 million expansion for Massachusetts. And all the lines on the map for proposed expansions of pipeline leading from the Marcellus Shale to the Northeast rival the Griswold Family Christmas lights display.

Before we spend billions on new infrastructure chasing the next gold rush, we must repair and rebuild our existing infrastructure and examine the tried and true tool of efficiency.   A recent study on the potential for natural gas efficiency in Massachusetts showed that efficiency could reduce winter electric demand enough to support the increased use of gas on the system without building new infrastructure:

From Jonathan Peress's presentation at the Restructuring Roundtable on June 15, 2012

But there is a risk that regulators will not fully take these very real benefits into account as they review and approve the latest energy efficiency plans.  Indeed, traditional energy efficiency naysayers are using the low price of gas as an excuse to call for reduced investment in efficiency.

The bottom line is that natural gas does have a role in our energy future, but it  is one that must be carefully managed and minimized over time if we are to have any hope of averting climate catastrophe.  In the meantime, before we jump to expand new natural gas infrastructure, we need to look closely at what we already have in the ground and apply the lessons we’ve learned about efficiency.

On the day after Thanksgiving, an explosion shook the City of Springfield. A natural gas pipeline leak led to the explosion that injured eighteen people and brought down two buildings.  The details behind the cause of this explosion are still being pieced together, but  once again, public confidence has been shaken in the pipeline system that is supposed to transport natural gas safely and reliably to homes, businesses and institutions in communities throughout the nation. Today, CLF is releasing a report on the importance of addressing problems with our aging, leaky natural gas  infrastructure. (You can download a free copy of that report here, and find the press release here.)

In Massachusetts, local distribution companies operate almost 21,000 miles of pipeline—that’s almost enough pipe to encircle the earth. But people seldom give much thought to those pipes that are running beneath their homes, beneath their businesses and beneath their feet.

That has been changing since the explosions that rocked San Bruno, California in 2010 and Allentown, Pennsylvania, in 2011. Shortly afterwards, the Secretary of the Department of Transportation issued a national “Call to Action” to address pipeline safety, but there are still many hurdles to be overcome. One of the toughest obstacles to tackle is the replacement of aging, leak-prone pipelines and the swift repair of leaks on the system. Public safety is the primary driver behind the repair and replacement of aging pipes, but it is also important to recognize the added benefits of reducing greenhouse gas emissions, conserving a valuable resource, and reducing ratepayer costs.

The need for action is particularly acute in Massachusetts where over one-third of the system is considered “leak-prone”—made up of cast iron or unprotected steel pipe. According to the Pipeline and Hazardous Materials Safety Administration, 50% of the cast iron left on the United States distribution system is centered in only four states: Massachusetts, New Jersey, New York and Pennsylvania. Though Massachusetts regulators have been working to find solutions to this problem, there is more to be done.

This infographic underscores the need for additional work in Massachusetts. So significant are the leaks that the gains from efficiency programs put in place by Massachusetts regulators have been overwhelmed by the amount of gas lost through leaky pipes. The costs of those leaks are being borne not by the utilities, or by the regulators, but by consumers. Utilities pass the cost of lost gas onto ratepayers to the tune of $38.8 million a year.

“Fugitive emissions from aging gas pipelines across Massachusetts are polluting our environment – releasing more greenhouse gases than we are saving through all of our energy efficiency efforts,” said D. Michael Langford, national president of the Utility Workers Union of America. “This is problematic for the environment and the economy, but fixing this problem provides an important opportunity. Putting people to work fixing leak-prone pipelines will save Massachusetts ratepayers money by simultaneously modernizing our pipe infrastructure, improving efficiency and helping to protect the environment.”

Fortunately, there are some clear policy options that could be implemented relatively quickly to prevent this valuable resource from endangering the public and vanishing into thin air.  ”The good news is that not only would these policies increase public safety and reduce greenhouse gas emissions, but they also provide an opportunity to create good, local jobs,” according to Cindy Luppi, New England Director of Clean Water Action.  As she points out, “local neighborhoods, as well as first responders, will bear the brunt of impacts if this aging system experiences an explosion.   We hope all public officials will embrace real solutions that value health and safety, ratepayer equity and climate leadership.”

As outlined in our report, Into Thin Air, CLF is advocating for five specific policies to accelerate the replacement of aging pipe and ensure that existing pipeline is properly examined and repaired:

1)    Establishing Leak Classification and Repair Timelines that provide a uniform system for classifying leaks according to level of hazard and require repair within a specified time;

2)    Limiting or Ending Cost Recovery for Lost and Unaccounted for Gas so that companies have an incentive to identify the causes of lost gas and prevent them;

3)    Expanding existing replacement programs and adding performance benchmarks;

4)    Changing Service Quality Standards to include requirements for reducing leaks on the system;

5)    Enhancing monitoring and reporting requirements to give the public and regulators more information.

Over the coming months, we’ll be working with our allies at Clean Water Action and the BlueGreen Alliance to raise public awareness about the need to tackle this issue. We’ll also work with communities to make sure they know how to identify and report gas leaks and talk with them about the benefits of policies that make for a safer, cleaner natural gas system. If you’re interested in joining us, please contact me at scleveland@clf.org.

It is a dangerous thing to ignore very smart people who are using rigorous methods of analyzing data. This is true when discussing elections, it is even more true when it comes to thinking about the earth’s climate.

Consider the case of Nate Silver, whose computer forecasting tools have been making spookily accurate predictions about the outcome of elections over the last five years. Silver’s models, which uses public opinion polls, with adjustments for various effects, over the last year showed a presidential election that was very stable with a consistent reality of the incumbent President maintaining a small but clear lead on the national level and a slightly larger but even more consistent lead in key “swing states.” The bottom line prediction of the model was a moderate (60%) to high (92%) probability that the outcome would be the re-election of Barack Obama. He was, of course, impressively accurate.

And yet, leading up the election, Silver’s work was reviled by many – principally those who saw this quantitative approach as undermining their business of dispensing qualitative analysis of elections and, even more vehemently, by those simply could not accept the results of the modeling because they just couldn’t accept the re-election of the President as a potential likely outcome. This phenomenon of folks in denial projecting their own warping of science and analysis on to analysts and scientists who they disagree with is very familiar in the climate context.

For a very long time those who find the truth of global warming to be inconvenient have claimed, amongst other things, that climate science is skewed and political, accusing scientists of suffering from confirmation bias and leaning towards evidence and models that confirmed their political beliefs. Dark, and totally unsubstantiated, accusations are made about how it is “convenient” that the scientist are reaching conclusions that line up with expectations of agencies providing funding. But, of course, these same climate change deniers are the greatest case study of confirmation bias that one could ever find.

So who is the climate equivalent of Nate Silver? Who is a clearly disinterested and objective outside observer coming in from a different world, like Nate Silver came to politics from sports forecasting, and employing sophisticated analytical tools imported from another context?

I would suggest the prudent accountants at PricewaterhouseCoopers (PwC) are making a very strong audition for that role given their Carbon Disclosure Project and very specifically with the issuance just last week of a sobering analysis: PwC Low Carbon Economy Index 2012: Too late for two degrees?

That analysis makes it very clear that drastic action, both in terms of emissions reduction and in reshaping our infrastructure and society, is needed if we are going to avert total disaster. As a partner at PwC said in a press release about the report, “This isn’t about shock tactics, it’s simple maths. We’re heading into uncharted territory for the scale of transformation and technical innovations required. Whatever the scenario, or the response, business as usual is not an option.” Indeed, the levels of global warming pollution that PwC tells us will flow from “business as usual” matches up with the levels that scientists tell us will make the land on which half of humanity resides uninhabitable.

PwC is not alone in delivering this message of cold, sober quantitative analysis delivering hard (and frankly terrifying) conclusions about our climate trajectory.  Lord Nicholas Stern has delivered a similar and powerful message, most famously as an adviser to the British Government. In that role, in 2006, he authored a very influential report starkly demonstrating that the cost of failing to address global warming far outstrips the cost of acting to reducing the emissions that are the source of so much of the problem.

The good news (and it yes, I am following apocalyptic statements with good news) is that here in New England the message of these number crunchers is being heard, and bits of action, designed to respond to this threat, are being seen.  The Massachusetts Global Warming Solutions Act provides a binding legal mandate that the Commonwealth of Massachusetts address the causes and effects of global warming pollution.  And, the changes in the complexion of state legislatures across the region (detailed on this blog by the CLF state office directors) suggest that we may be able to make more progress on this front across New England. Finally, the rise of clean energy champions in our congressional delegation (notably the election of former wind energy developer Angus King as a Senator from Maine) means that our representatives will continue to rise up as voices of sanity on energy and climate on the national stage – and sanity is what is needed if we are going to heed the message our number crunchers are sending us.

The story of renewable energy development in the United States has included many important moments in which the states have provided leadership – most notably through fostering the shaping and building of new markets for renewable energy markets through programs like Renewable Energy Standards (also known “Renewable Portfolio Standards”).  These efforts have been of great value to the states who put them in place and have complemented and reinforced the incentives and programs to build up renewable energy resources like wind and solar by the Federal Government.

We are at a critical moment in the history of renewable energy development.  The collapse of coherent federal renewable energy policy, due to congressional inaction, in the form of failed attempts to put in place a Renewable Energy Standard and renew the Production Tax Credit, has created a greater need for state action – especially when clean renewable energy is an essential puzzle piece in solving the fundamental climate crisis that we face.

An interesting new element in this story is the quest by the New England States, working through a variety of vehicles, to develop a new “regional procurement” strategy that will allow the states to minimize the cost and maximize the benefits of renewable energy development for the region. This idea, also being discussed by leading scholars, could be a way to move forward smart and effective energy and climate policy, producing great value for a very reasonable investment.

This is far from a theoretical question.  Last year, in July 2011, the New England Governors directed their staff and the New England States Committee on Electricity who work with that staff, to continue to develop and build a mechanism for regional procurement. On July 29-30, 2012 the Governors meet again in Burlington Vermont and will hear a report on how that work has gone.  Will they take the critical step of moving beyond study and consideration of this idea and take action?