President Obama has always talked a good game on climate. But simply stating that “for the sake of our children and our future we must do more to combat climate change” is not a substitute for action. Today, the President proposed a package to step up the actions of the federal government to confront and attack this fundamental threat to our communities, economy, families and environment.

CLF applauds the President’s actions to reduce the greenhouse gas emissions that are changing our climate – emissions that damage the public health as well as our environment; harming our kids and our climate. However, we feel obliged to point out that these are simply overdue steps in the implementation of the Clean Air Act. In the landmark case of Massachusetts v. EPA the Supreme Court clearly laid out the duty of the federal government to address the pollutants causing global warming under that law.  This is not about unilateral action by the Administration:  it is about the executive branch doing its essential job of implementing the law enacted by Congress and interpreted by the Courts.

While the emissions reductions efforts the President is proposing are modest, they are very much a step in the right direction — as long as they aren’t undermined by any approval to move dirty and dangerous tar sands oil through our country.

Addressing, Not Just Feeling, the Impacts of Climate Change

The President’s plans for taking on the practical business of adapting to and managing life in a changing climate is another common sense step in the right direction. Given the real and devastating impacts of blistering summer heat, rising seas, extreme rain and snow storms on our communities and economy, this work is essential.  The focus of the Administration on climate adaptation efforts by U.S. Department of Agriculture is heartening.  It is hard to think of something more fundamental to our families and communities than food; drought and other climate change impacts are wreaking havoc on our food system, and so far, this issue has not received sufficient attention.

Building on a Record of State Leadership

By moving forward with emissions reduction measures, the federal government sets off (at last!) on a path blazed by the states that have been leaders in the effort to reduce dangerous emissions from the burning of coal, oil and gasoline.

New England, along with a few other states and regions, has been a beacon for the nation on climate and energy policy. Over the last decade New England, according to data compiled by the U.S. Department of Energy, has reduced its emissions of carbon dioxide from the burning of fossil fuels, the chief cause of global warming, by over 10%: reducing regional emissions by over 20 million tons a year.  Our emissions reductions have been accompanied by a rise in new economic investment in clean energy and technology. In Massachusetts alone, an economic survey showed the Clean Energy economy growing by 11.2% between July 2011 and July 2012 with a business census revealing 71,523 people employed at 4,995 clean energy businesses across the state.

CLF and its allies in the region are continuing to set a high bar for both the states and the feds, pushing for a Coal Free New England where our electricity comes from increasingly clean sources and is used more and more efficiently, as well as reducing emissions from our transportation system by shifting to cleaner cars, increasing transit use and building smarter and healthier communities. We must continue to pursue emissions reductions that meet the mandates of science and science-calibrated laws like the Massachusetts and Connecticut Global Warming Solutions Acts.

CLF is all about environmental solutions – and therefore we cheer the decision to further expand the aggressive development of renewable energy on federal land and federally owned, managed and financed facilities.  From intelligently and carefully sited wind farms to solar panels on housing projects to delivering on the promise of offshore wind, the time has come to go fossil free.

The Moral Duty to Act – Retreat or Surrender Are Not Options

There is no going back – the plans for emissions regulation, adaptation planning and renewable energy development unveiled today are  long-overdue steps that require aggressive action to bring to fruition. The duty to act might be invested by law in the Administration but the moral duty to protect future generations rests with all of us and we must hear the call and push our elected representatives, from the President on down, to take action.

Change is hard.

And the larger, more important and more entrenched the thing being changed, the harder it is.

There are few things that are larger and more important than our electricity system. Just ask a parent of a child who was in the intensive care unit of a New York City hospital when Hurricane Sandy wiped away the electric grid and the emergency generators failed. In some moments, like that, electricity is quite literally a life-saver.

In 1882, the world’s first practical coal fired electric power plant came online in New York. For the last fifty years coal has been the dominant fuel and backbone of our electric generation system, spawning a  massive industrial process of extracting coal from the earth, transporting it to power plants, burning it to make heat, transforming it into electricity, and finally disposing of the plants’ waste products into the air, land and water.

Given coal’s longstanding role in maintaining a stable electricity system in this country, it is not shocking that some reasonable folks find it hard to contemplate life without it – despite the evidence of the harm it causes both to human health and the environment.

But ending our dependence on the most harmful fuels to generate electricity is part of the change we need to make if we are going to avert full-on climate disaster. The hard truth is that past emissions of greenhouse gas pollution from coal plants and other dirty fuel sources have already transformed our world, warming our oceans and increasing the water vapor in our atmosphere. As a result, the weather dice are now loaded in favor of catastrophes like Hurricane Sandy, among many other effects.

Propping up and retaining our obsolete and inefficient old coal plants so they can continue to spew global warming greenhouse gases into the air is not an option – and thankfully, the economic tide in this country is starting to turn against them. But after decades of depending on coal for electricity, many wonder how we are going to keep the lights on without it. The answer, to borrow a phrase, is: “Use less electricity, mostly renewable.”

The first step is very clear: we must be much smarter and careful about how we use electricity. This means going all out in our deployment of  energy efficiency that slashes energy use at all times, and also reducing electricity demand at the moments of greatest need when the system is pressed hardest. We are evolving towards a world where highly flexible demand will simply be a routine part of our energy system – our dishwashers, cell phone chargers and air conditioners will ramp up or down their energy use based on price signals and energy system conditions.

Second, we need to redouble our commitment to develop zero emissions renewable electricity generation like wind and solar. Every watt of energy we get from those sources displaces the need for energy that comes from the burning of fossil fuels. Eventually, we will be able to store enough of that clean power to meet demand even when the wind isn’t blowing or the sun isn’t shining. But, until that technology matures, we will still require some “firming” power to fill in the gaps.

Here in the Northeast, that power is likely to come from sources like hydroelectric dams, or natural gas fired power plants, which are cleaner and cheaper than coal, but  come with their own environmental price tags. The specter of over-dependence on natural gas is the cause of much consternation in environmental and energy expert circles. And for good reason: locking ourselves into dependence on a finite imported fossil fuel would be a mistake. Instead, we need to carefully manage our transition to a new and cleaner power system, ensuring that we maintain a sufficiently diverse portfolio of resources and keep the lights on as we move surely and steadily away from fossil fuels.

The transition from dependence on coal to natural gas in our electricity system is crudely analogous to a heroin addict moving to methadone. It is a step in the right direction and movement away from a dangerous addiction, but it is still only a partial step toward toward the full recovery we need: elimination of greenhouse gas pollution from our electric system.

Fundamental change is indeed hard, but the roaring winds of Katrina, Irene and Sandy loudly remind us that we have an absolute obligation to step up and manage the transition to a better, safer and cleaner energy future.

In 2011, CLF Ventures, the strategy-consulting arm of CLF, received a grant from the EPA to help two New England fishing/whale watching vessels replace the aging, inefficient engines on their vessels with cleaner-burning, more efficient four-stroke diesel engines. In this video, Captain Brad Cook of the Atlantic Queen II and Captain Chris Charos of Captain’s Fishing Parties reveal how the EPA grant and CLF Ventures enabled them to update their vessels’ technology, reducing emissions and substantially cutting their fuel use:

The EPA’s National Clean Diesel Funding Assistance program is designed to reduce air pollution and exposure to diesel fumes by covering up to 75% of the cost of an engine upgrade or repower. Replacing an outdated engine with the clean-burning technology used by Captain Brad and Captain Chris reduces asthma-causing particulate matter emissions by 63 percent and smog-producing nitrogen oxide emissions by 40 percent.

The program also cuts down on greenhouse gas emissions by improving efficiency and reducing fuel use by up to 14 percent. Fuel use is a serious concern for the fishing industry. A 2005 report published in AMBIO revealed that in 2000, the industry consumed about 13 million gallons of fuel, or 1.2 percent of global consumption. If the fishing industry were a country, it would be the world’s 18^th-largest consumer of oil—on par with the Netherlands. Fishing is also one of the only industry sectors to consistently become less fuel-efficient in recent years. With declining stocks sending fishermen farther from shore, this problem will only become more severe without significant investments and improvements in technology. Programs like EPA’s Diesel Emissions Reduction Program play an important role in greening the fishing fleet and helping to make fishing more sustainable.

The program isn’t just good for the environment; it’s also good for fishermen. A more efficient engine can save a fisherman 9,500 gallons of fuel per year, cutting fuel costs and increasing profit margins. Crew aboard these vessels reduce their exposure to harmful diesel fumes, which were recently classified as carcinogenic by the World Health Organization and placed in the same category as deadly toxins like asbestos and arsenic.  Consumers asking for sustainable options will appreciate the reductions in emissions and fuel use, too, and recreational fishermen and whale watchers aboard vessels with new engines can enjoy a quieter, cleaner ride.

Still, new engines can only go so far in cleaning up the fishing fleet. The industry is built on technology that made sense decades ago, when fuel was cheap, fish were more plentiful close to shore, and consumers weren’t demanding sustainable seafood choices. Down the line, greening the fleet will mean rebuilding it from the water up and introducing lighter, safer vessels that inherently use less fuel.

Merrimack Station in Bow, NH

In more than 50 pages of filings last Thursday, CLF responded to a pair of motions by Public Service Company of New Hampshire (PSNH) asking for dismissal of our Clean Air Act citizen suit now pending in federal district court in New Hampshire. That same day, CLF’s lawsuit got a major boost when the U.S. Environmental Protection Agency (EPA) filed a brief of its own, as a friend of the court, to identify the legal errors in PSNH’s key argument.

One PSNH motion challenged CLF’s right to sue PSNH to protect the environmental and public health from Merrimack Station’s illegal pollution. The other motion claimed that PSNH didn’t do anything wrong when it renovated Merrimack Station because EPA regulations allow it to make changes without permits.

In our briefs, CLF vigorously objects to both motions. You can download our briefs in PDF format here and here; our full set of filings, including attachments, is here (7MB .zip file).

PSNH’s illegal projects will increase Merrimack Station’s emissions, which will harm the health and well-being of CLF members. Under federal law, this harm means that CLF has the right to sue PSNH to hold it accountable for violations of the Clean Air Act. Because PSNH failed to get permits for its projects, PSNH violated the law. Those permits would require PSNH to install more stringent and protective pollution controls that all new plants must include, reducing Merrimack Station’s emissions of a wide range of pollutants, beyond the reductions that Merrimack Station’s expensive new scrubber (which is limited to reducing sulfur dioxide and mercury emissions) can achieve.

Incredibly, PSNH’s argument that it is exempt from permitting requirements is entirely based on EPA regulations that do not apply in New Hampshire. It’s not a close call; PSNH’s brief arguing for our lawsuit to be dismissed gets the rules 100% wrong, an astonishing error for a sophisticated company like PSNH, New Hampshire’s biggest utility.

EPA’s filing puts the final nail in the coffin for PSNH’s flawed legal argument. In a 25-page brief, EPA shows how, even if the rules PSNH is citing were the right ones, PSNH got those rules wrong too. As the author of the regulations PSNH cites, EPA explains that those regulations also would require PSNH to obtain permits before undertaking projects that will increase emissions.

It could not be clearer that PSNH’s recent renovation strategy at Merrimack Station — “build first, see what happens later” — violates the Clean Air Act. CLF will continue its fight to hold PSNH accountable for its violations as this case proceeds in the months to come.

CLF President John Kassel (right) accepts check for a Clean Diesel project from EPA Region 1 Administrator Curt Spalding

CLF Ventures, Conservation Law Foundation’s non-profit consulting affiliate, has been awarded an EPA grant to help two New England charter fishing vessels reduce their diesel emissions. The project will repower four “tier 0″ marine engines on the vessels The Atlantic Queen, out of Rye, NH and The Captain’s Lady II, out of Newburyport, MA. Jo Anne Shatkin, PhD, CEO of CLF Ventures, said the funding will allow CLF to work with the two vessels to reduce their impacts on air pollution and greenhouse gas emissions and to reduce fuel costs.

EPA’s Clean Diesel projects help create and retain jobs, as well as reduce premature deaths, asthma attacks and other respiratory ailments, lost work days and other health impacts associated with air pollution from diesel engines. John Kassel, CLF president, accepted a check for $391,500 from EPA Region 1 Administrator Curt Spalding at a ceremony today in Boston. Read EPA’s press release here.

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.

The Cross-State Air Pollution Rule (“CSAPR”), released today by EPA, is designed to reduce ozone and particulate (e.gt., soot) emissions from power plants in the upwind states to our west that cause death and sickness in the states receiving those emissions, like the New England states (known to some as the “tailpipe of the nation”).  The actions leading to the rule began in the late 90s, when Massachusetts and its fellow Northeast states petitioned EPA under the Clean Air Act “good neighbor rule,” which prevents emissions in an upwind state from harming air quality as prevailing winds transported the pollution.

CSAPR builds on rules the Bush Administration issued, which are resulting in billions of dollars in emissions control investment and air pollution reductions, but which courts struck down as illegally weak.  In finalizing these strengthened  rules which seek to hit the standard set by the Clean Air Act, EPA balanced concerns of industry and health advocates with a new methodology using cost effective controls and providing flexibility by allowing emissions trading – an approach favored by the electric utility industry.

The result will be massive reductions in pollution and over $120 billion per year in benefits from decreased mortality, hospitalizations and sick days.  Because of the actions our states have taken to reduce emissions, the rule does not impose any new requirements in on any New England state but is predicted to result in Massachusetts attaining the air quality standards required by the Clean Air Act.

The rule validates the air pollution control policies adopted by Massachusetts and the Northeast states by leveling the playing  field so that obsolete and high-polluting power plants in the Midwest and Southeast can no longer export their air pollution to states that have already reduced their emissions.

Take a deep breath. Are you taking your clean air for granted? Don’t.

Today, the EPA proposed a rule to reduce hazardous emissions from coal and oil-fired power plants, such as mercury, arsenic, heavy metals, acid gases and dioxins, which cause thousands of deaths every year. This “air toxics rule” finally implements instructions that Congress gave to EPA in the Clean Air Act amendments of 1990. This much overdue effort, which builds upon decades of Clean Air Act implementation by EPA, protects the public health and serves as a reminder that if the EPA was stripped of its authority to enforce the Clean Air Act, essential safeguards like this wouldn’t exist.

The Clean Air Act is the most successful law our country has ever had to protect public health, preserve our environment and boost our economy. However, the key tool to ensure that protection is in jeopardy. Our senators are facing mounting pressure from our country’s biggest polluters to block the EPA’s ability to do its job, leaving harmful emissions from coal-fired power plants and other sources unchecked and threatening the health of our families and communities. Tell your senators that you expect them to protect you and your family, not big polluters.

New England states have shown leadership in passing progressive environmental laws to protect the health and homes of New Englanders. But it’s not just about us. Our region bears the brunt of pollution from power plants in the Midwest transported here by prevailing winds, which adds to pollution produced locally. Without federal EPA regulation, New England will remain vulnerable to harmful emissions literally blowing into our region.

Tell your senators today that you don’t take clean air for granted and that they shouldn’t either. Ask them to defend the EPA’s ability to do its job and enforce the Clean Air Act. Our region and our nation’s health, economy and environment depend on it.

TAKE ACTION NOW!

I always say that mantra number two for a climate advocate is “Yeah, we have to do that too.”  As in, “We need to be more efficient AND we need to build wind farms AND we need to build transmission lines to support the wind farms AND we need to build sidewalks and transit so people can drive less, etc . . . “  You get the point.

And mantra number one is: “The scary part is . . .” because every time you think you have seen it all, something worse and new comes along.

The latest comes to us from the National Center for Atmospheric Research:

Arctic temperatures in the 1990s reached their warmest level of any decade in at least 2,000 years, new research indicates. The study, which incorporates geologic records and computer simulations, provides new evidence that the Arctic would be cooling if not for greenhouse gas emissions that are overpowering natural climate patterns.

Excellent discussion of this at Joe Romm’s Climate Progress blog.  And here is the NY Times article.

Will this motivate you to take action?