Author: Denise Robbins

Decision by U.S. Court of Appeals Forces EPA to Reconsider Loophole from Pollution Limits During Startups

Washington, D.C. – In a major victory for environmental organizations, a court today ruled that the U.S. Environmental Protection Agency must go back to the drawing board and reconsider a loophole it created for power plants, allowing them to avoid complying with pollution limits on mercury, arsenic, and other hazardous air pollutants during plant startups. 

The decision by the U.S. Court of Appeals for the District of Columbia Circuit does not immediately eliminate this loophole that EPA granted in 2014 for coal-fired power plants during their startup periods.

However, the decision means that EPA must now consider stronger air pollution control regulations. If EPA attempts to maintain the loophole, environmental groups believe that the agency will face an uphill battle in convincing the courts that the loophole is lawful.

“Today’s court decision is an important win for public health and everyone living downwind of coal-fired power plants,” said Patton Dycus, a Senior Attorney for the Environmental Integrity Project who led the legal effort by the Chesapeake Climate Action Network, Earthjustice and Sierra Club.

“This opinion forces EPA to come to grips with the critical objections we raised about this illegal loophole that EPA created for dirty power plants during their startups,” Dycus said. “We’re hopeful that EPA will do the right thing and remove the loophole.”

Anne Havemann, General Counsel for the Chesapeake Climate Action Network, said: “At a time when public health is at the forefront of everyone’s minds, we’re glad to see the court recognize the public health implications of this EPA loophole that allows power plants to emit unchecked amounts of mercury, arsenic, and other toxic pollutants when they start up.”

In 2012, EPA introduced its Mercury and Air Toxics Standards rule for coal- and oil-fired power plants. The rule set standards nationally for hazardous air pollutants, including mercury, which can cause brain damage; arsenic, chromium, cadmium and nickel, all known carcinogens; hydrogen chloride, selenium and other pollutants.

In 2014, EPA relaxed the rule to allow power plants to avoid complying with numeric pollution limits on these pollutants for four hours every time they start up, when more pollution can pour from the smokestacks as control equipment is brought online.

Power plants typically have 9 to 10 startup events every year. But some plants report more than 100 startup pollution events annually.

The Environmental Integrity Project, CCAN, Sierra Club and Earthjustice all challenged this loophole in court in 2015, arguing in part that EPA did not give the public a fair opportunity to comment on the rule. The environmental groups also argued that the loophole conflicted with EPA’s Acid Rain regulations, which have long required power plants to comply with numeric limits during startup. 

The U.S. Court of Appeals for the District of Columbia Circuit today ruled that it was wrong for EPA to deny the groups’ petition to reconsider the loophole. This sends the rule back to the agency for reconsideration and possible revision.

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Media contact: Patton Dycus, Attorney, Environmental Integrity Project (404) 446-6661 or pdycus@environmentalintegrity.org

The Environmental Integrity Project is an 18-year-old nonprofit, nonpartisan organization, based in Washington D.C. and Austin, Texas, that is dedicated to enforcing environmental laws to protect public health.

The Chesapeake Climate Action Network (CCAN) is the first grassroots, nonprofit organization dedicated exclusively to fighting global warming in Maryland, Virginia, and Washington, D.C.

BALTIMORE, MD — On Friday, January 31, at 12:30pm, dozens of concerned Maryland residents held a rally to call out the inadequacies in Governor Hogan’s draft plan to address climate change. The press conference took place just before the Maryland Department of Environment (MDE) held its final public meeting on the draft plan. 

Joyce Dowling, Leader of Clean Air Prince Georges, stated: “Brandywine has become a sacrifice zone in Maryland and it’s an environmental justice issue — five gas-powered plants in a 13-mile radius in southern Prince George’s County and northern Charles County. This is an atrocity for our health and our children’s future besides adding greenhouse gases to the climate crisis. The governor’s Greenhouse Gas Reduction Plan supports more gas and fewer renewables than are necessary — it is not a realistic plan.”

In October, 2019, MDE released its plan to reduce its legally mandated Greenhouse Gas Reduction Plan. This came two weeks after 26 Maryland-based advocacy organizations sent a letter to the agency expressing “deep concern” that the plan was nearly ten months overdue. MDE has held multiple community forums for public comment on its draft plan throughout the state. The meeting on January 31 will be the final meeting. 

“Public officials who pretend to take strong action on climate, when they are in reality doing very little, are just as culpable for the climate crisis our kids are inheriting as big polluters,” said Steven Hershkowitz, Maryland Director of the Chesapeake Climate Action Network. “If the Hogan Administration won’t fix their false advertising, our General Assembly will need to step in and act in their stead.”

“Governor Hogan’s draft climate action plan is an insufficient response to the climate emergency facing this state and our entire planet,” said David Smedick, Senior Campaign Representative with the Sierra Club. “One of the most glaring problems in the Governor’s draft plan is the continued use of coal-fired electricity in Maryland all the way through, and even after, 2030. Coal is a 19th century technology that has absolutely no place in a 2030 climate action plan. The first item on Governor Hogan’s climate action checklist needs to be a firm plan to move Maryland beyond coal that also supports a transition for the fossil fuel workforce in the state.”

The Maryland Climate Coalition has many concerns about the draft plan. Concerns include: 

• It relies on outdated science in critical areas and unproven technologies. For instance, it fails to put us on track to meet mid-century targets identified by international scientists as necessary to avoid the worst of climate disruption. 
• The plan provides few clear policy specifics on how to achieve goals.
• It relies, for example, on the success of Governor Hogan’s proposed legislation called “Clean and Renewable Energy Standard” (CARES), which has been developed with minimal public input, and continues to rely on the burning of fossil fuels, and expanding nuclear power, which are neither clean nor renewable.
• It has no community environmental equity analysis regarding the impact of the draft plan on communities of color, low-income communities, communities historically overburdened by pollution, and communities historically underserved by our energy and transportation systems.
• It suggests Md. will achieve 100% clean electricity while still burning fossil fuels.

Additionally, a recent policy review from the Center for Climate Strategies — which has extensive experience working on climate policy with the MDE — found that Hogan’s draft climate plan is critically flawed and falls far short of what is needed to address the climate crisis.

The Maryland Climate Coalition has a vision for climate action that looks at the entirety of the greenhouse gas problems our state is experiencing from every major source—not just energy usage. We know a solution that will achieve net zero greenhouse gas emissions by 2045 is necessary.  We must address energy production, transportation, agriculture, and housing as well as reduction strategies such as forestation and sequestration.

The Coalition will support legislation to be sponsored by Maryland State Senator Paul Pinsky, Chair of the Education, Health, and Environment Affairs Committee, and Delegate Dana Stein, Vice-Chair of the Environment and Transportation Committee, that would reform the state’s climate plan in line with the Coalition’s principles. 

CONTACT:
Denise Robbins, Communications Director, Chesapeake Climate Action Network, denise@chesapeakeclimate.org, 240-630-1889

RICHMOND, VA — Today, the court threw out a key permit for the Atlantic Coast Pipeline compressor station in Buckingham County, Virginia. The proposed 54,000-horsepower compressor station — situated a short distance from the homes of the descendents of freedmen in the community of Union Hill — would run 24 hours a day and constantly fill the community with loud noise that is comparable to a jet engine. Facilities like this pollute the air with nitrogen oxides, carbon monoxide, volatile organic compounds, and particulate matter and are linked to severe respiratory and cardiovascular ailments, as well as cancer. This compressor station is needed to keep gas flowing through Dominion’s controversial $7-billion Atlantic Coast Pipeline. 

Harrison Wallace, Virginia Director of the Chesapeake Climate Action Network, stated in response: 

“Today, justice prevailed. Dominion Energy has acted as if it were above the law for too long. It wanted to trample over the rights of Virginia residents and pollute a historic community, all for a dangerous pipeline that we don’t even need. 

“The mere fact that Dominion has remained set on this community of freedmen as the ideal location of their compressor station should go in the dictionary as the definition of environmental injustice. Yet Virginia officials have been putting their thumb on the scale in favor of its approval from the beginning. 

“The court found that the State Air Pollution Control Board failed to determine ‘whether this facility is suitable for this site,’ in light of environmental justice concerns and potential health risks for the people of Union Hill. The court also determined that Air Board needed to consider using electric motors at the compressor station in place of gas-fired turbines, or at least provide an explanation of why it didn’t consider this alternative, as electric motors would eliminate almost all of the on-site air pollution from the compressor station. The court sent the permit back to the Air Board to fix the identified issues with the permit. 

“Today’s decision will be viewed by historians as a finger on the right side of the scale of justice. The people of Union Hill and Buckingham County have the right to walk out of their homes and breathe healthy air. We are glad to see that right upheld. 

“Now, CCAN will be fighting to make sure this compressor station is never built. If we listen to the science, the political momentum and the people of Union Hill, there is not one legitimate reason to allow this project to continue.” 

More information:

Since the day this project was announced, community advocates in Union Hill have sounded the alarm on environmental justice concerns. Scores of concerned citizens have rallied and protested across the state in opposition of this project. Hundreds turned up in Buckingham County to give public comment against the project. Thousands more sent written comments to the Air Board to request the board  deny the permits. Yet no matter how many Virginians said this was a bad idea, Dominion continued pushing for this location. 

In November, Dominion Energy announced its intention to spend over $5 million on improvements for Buckingham County if the ACP is completed successfully.  This package is a cynical and transparent attempt by the company to essentially pay off county leaders in exchange for the health and wellbeing of county residents. The Union Hill community is a rural, low-income, mostly African-American community where residents are less likely to have the resources to pursue legal challenges. 

CONTACT:
Denise Robbins, Communications Director, denise@chesapeakeclimate.org, 240-630-1889
Harrison Wallace, Virginia Director, harrison@chesapeakeclimate.org, 804-305-1472

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The Chesapeake Climate Action Network is the oldest and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 17 years, CCAN has been at the center of the

Two Dozen Organizations Deliver Letter Criticizing Governor Hogan’s Draft Climate Plan

Maryland Has “Responsibility to Lead with More Aggressive Pollution Reduction Plans,” Groups Say

ANNAPOLIS, MD — Today, a group of 25 prominent advocacy and community organizations delivered a letter to Governor Larry Hogan and the Maryland Department of Environment calling for a drastic improvement to the state’s draft climate plan. The groups expressed that the Maryland Dept. of the Environment (MDE) is “failing to respond to the urgency of the climate crisis.”

The letter is signed by a wide array of organizations, including large environmental groups like Chesapeake Climate Action Network, 350.org, Sierra Club, and Maryland League of Conservation Voters; faith organizations like Interfaith Power & Light and Unitarian Universalist Legislative Committee of Maryland; student-led movements like Sunrise Movement Howard County  and community organizations like EcoLatinos, Maryland Legislative Coalition, and League of Women Voters of Maryland, to name a few. The letter states:

“Unfortunately, the plan fails to put us on track to meet mid-century targets identified by the world’s leading climate scientists as necessary to avoid the worst of climate disruption, and provides no clear policy specifics on how to achieve goals. As an example, the proposed ‘Clean and Renewable Energy Standard’ (CARES) is very thin on details, has been developed with minimal public input, and continues to rely on the burning of fossil fuels which are neither clean nor renewable.”

CLICK HERE TO READ THE LETTER IN FULL

The Greenhouse Gas Reduction Act of 2016 — which was passed by an overwhelming majority in the General Assembly and signed into law by Governor Larry Hogan —  requires MDE to reduce greenhouse gas emissions 40 percent below 2006 levels by 2030, and for MDE to develop this plan by the end of 2018. In October of 2019, Gov. Hogan’s Department of Environment finally released its draft plan — nearly ten months after it was due. This came two weeks after 26 advocacy organizations sent a letter to the agency expressing “deep concern” that they had not yet released its legally mandated plan.

Today’s letter follows a recent policy review which found that Gov. Hogan’s draft Greenhouse Gas Reduction Plan is critically flawed and falls far short of what is needed to address the climate crisis.

That review, authored by the Center for Climate Strategies (CCS), found that Maryland’s current greenhouse gas emissions reduction targets are weak compared to other states and inadequate for meeting critical international benchmarks for averting the climate crisis. CCS has extensive experience previously working on climate policy with the Maryland Department of Environment (MDE), the same agency now responsible for the Hogan Administration’s flawed Greenhouse Gas Reduction Plan.

The CCS report found that the MDE plan uses “unrealistic assumptions on widespread electric vehicle adoption, dubious claims that highway widening will result in fewer emissions” and “MDE does not account for methane leakage in inventories or future scenarios, even as the Hogan Administration is supporting an expansion of fracked-gas infrastructure.” See the full report at this link.

In the letter released today, the coalition of advocacy groups called for a stronger plan that “looks at the entirety of the greenhouse gas problems our state is experiencing from every major source—not just energy usage.”

“We must address energy production, transportation, agriculture, and housing as well as reduction strategies such as forestation and sequestration,” they added.

The letter was signed by the following groups: 1199SEIU; 350.org; Central Maryland Transportation Alliance; Chesapeake Climate Action Network; Chesapeake Physicians for Social Responsibility; Climate Law & Policy Project; Climate XChange; DoTheMostGood Montgomery County; EcoLatinos, Inc.; Environment Maryland; Frack-Free Frostburg; Greenbelt Climate Action Network; Howard County Climate Action; Indivisible Howard County; Institute for Energy and Environmental Research; Interfaith Power and Light (DC.MD.NoVA); League of Women Voters of Maryland; Maryland Legislative Coalition; Maryland League of Conservation Voters; Sierra Club; Sunrise Movement Howard County; Takoma Park Mobilization Environment Committee; Towson Unitarian Universalist Church Green Sanctuary Committee; Unitarian Universalist Legislative Ministry of Maryland; and Waterkeepers Chesapeake.

MDE is now soliciting public comment on its draft Greenhouse Gas Reduction Act Plan through a series of community forums across the state.

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The Maryland Climate Coalition brings together environmental, faith, health, labor, and civic organizations to advance clean energy and climate policies in Maryland. For more information about the Maryland Climate Coalition, visit: http://marylandclimatecoalition.org.

New Research: Experts Find Critical Flaws in Hogan’s Climate Plan

During a phone-based news briefing, economic and climate policy experts released new research detailing failings in Hogan Administration’s Draft Greenhouse Gas Reduction Plan

ANNAPOLIS, MD — According to new findings released today, Maryland Governor Larry Hogan’s draft Greenhouse Gas Reduction Plan is critically flawed and falls far short of what is needed to address the climate crisis.

See the full report at this link.

A recording of the telephone press call will be made available by request.

The review was authored by the Center for Climate Strategies (CCS), an independent non-profit that assists governments across the U.S. and around the world to develop climate action plans. CCS has extensive experience previously working on climate policy with the Maryland Department of Environment (MDE), the same agency now responsible for the Hogan Administration’s flawed Greenhouse Gas Reduction Plan.

“This policy review, written by MDE’s own former consultants, clearly shows that Maryland’s climate goals are insufficient for doing our part in addressing the climate crisis,” said Steven Hershkowitz, Maryland Director of the Chesapeake Climate Action Network. “Making matters worse, we now know Maryland’s climate action plan likely does not put us in the position to reduce greenhouse gas emissions by 40 percent by 2030, let alone the 60 percent reduction called for by leading climate scientists. With President Trump sabotaging national climate actions, it’s up to the states to act — but under the Hogan Administration’s plan, Maryland is setting the entire climate movement back.”  

The findings include that:

• Maryland’s current greenhouse gas emissions reduction targets are weak compared to other states and inadequate for meeting critical international benchmarks for averting the climate crisis.
• Due to overly optimistic assumptions and flawed methodology, MDE’s draft plan is unlikely to result in meeting even these weak emissions reduction targets.
• The plan is especially flawed when it comes to reducing greenhouse gas emissions reductions in the transportation sector, due to unrealistic assumptions on widespread electric vehicle adoption, dubious claims that highway widening will result in fewer emissions, and a lack of proposed strategies for reducing car travel demand.
• MDE does not account for methane leakage in inventories or future scenarios, even as the Hogan Administration is supporting an expansion of fracked-gas infrastructure.
• Inconsistent calculations for the emissions inventory between 2014 and 2017 call into question the accuracy of MDE’s data. See the full report at this link.

“As some of the world’s largest emitters, US states must do their fair share to stabilize the climate. As a high emitter with a strong economy and great foundation from past climate action, Maryland can demonstrate national leadership,” said Thomas D. Peterson, President and CEO of the Center for Climate Strategies. “Key areas needing improvement in Maryland’s Draft Plan include action on targets, transportation, and energy issues. Better transparency and stakeholder involvement in planning decisions are also needed.”

“The administration’s current emissions reduction commitments do not reflect the scale of the climate crisis and its impacts on our state,” said Wandra Ashley-Williams, Maryland Regional Director of ClimateXChange. “Without the level of ambition required to  tackle this crisis, we will  also miss out on the opportunity to uplift communities through a broader transition.”

The Greenhouse Gas Reduction Act of 2016 — which was passed by super majorities in the General Assembly and signed into law by Governor Larry Hogan —  requires MDE to reduce greenhouse gas emissions 40 percent below 2006 levels by 2030, and for MDE to develop this plan by the end of 2018. In October of this year, Maryland Governor Larry Hogan’s Department of Environment released its legally mandated draft draft plan. This came two weeks after 26 Maryland-based advocacy organizations sent a letter to the agency expressing “deep concern” that they had not yet released the plan nearly ten months after it was due.

MDE is now soliciting public comment on its draft Greenhouse Gas Reduction Act Plan through a series of community forums across the state.

About the Center for Climate Strategies

The Center for Climate Strategies (CCS) helps government and stakeholders work together to develop policy and program actions that achieve goals for climate stabilization and resilience, economic development and private investment, energy and resource security, health and environmental quality, and socioeconomic equity. CCS is an independent, expert 501c3 nonprofit organization located in Washington, DC with global partners.

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The Chesapeake Climate Action Network is the oldest and largest grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 17 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C. For more information, visit www.chesapeakeclimate.org

Columbia Gas’s Potomac Pipeline Threatens Water, Health, Communities, and Climate

Sunday, October 13, 2019

Shepherdstown, WV — Today, hundreds of clean water activists joined hands across the Potomac River to protest plans by Columbia Gas to revive a fracked gas pipeline project that has already been rejected by the state of Maryland. Attendees at Sunday’s event stood hand-in-hand on the James Rumsey Bridge, which spans the Potomac River, the river the pipeline would cross, threatening the drinking water for six million people. Activists chanted anti-pipeline slogans and threw flowers over the bridge into the river.

Construction of fracked gas pipelines threatens water quality because destabilization of the soil leads to runoff and sediment entering waterways, which pollutes them and can kill fish and wildlife. Construction crews sometimes also release drilling fluid into waterways, threatening water quality at the site and downstream. In addition to the threats they pose to clean water, gas pipelines can explode, causing serious injuries and even death. The methane gas they carry leaks along the way, and is linked to breathing problems, premature births, and even cancer. Methane is also a dangerous greenhouse gas, 87 times more potent than carbon at trapping heat over its first twenty years in the atmosphere.

In response, Sierra Club Beyond Coal Campaign Director Mary Anne Hitt released the following statement:

“We have said over and over again that we don’t want fracking, we don’t want fracked gas, and we certainly don’t want Columbia Gas’s dirty, dangerous fracked gas Potomac Pipeline. It’s been rejected by residents, by politicians, and by the courts, and it’s past time Columbia gets the hint. The Sierra Club is proud to join hands across the Potomac to show Columbia Gas they should once and for all stop trying to resuscitate this zombie pipeline.”

Brent Walls, Potomac Riverkeeper Network:

“This has been a three year long battle against Columbia Gas. We have made a lot of great strides and garnered the support of thousands of people in communities, hundreds of elected officials and this event shows the strength of our movement and that we won’t back down.”

Brooke Harper, 350.org:

“On the heels of the climate strikes, where millions mobilized across the globe, we feel the need to continue to answer the cry of the youth to stop fossil fuels. We are here today to show our united opposition to the Potomac Pipeline and its harm to the community.”

Benita Keller, Eastern Panhandle Green Coalition:

“Eastern Panhandle Green Coalition is honored to stand in unity and to hold hands with all the people who are fighting the Potomac Pipeline, Rockwool, and all that threatens our land, our air, our water.” 

Mary Mattlage, Eastern Panhandle Protectors:

“To risk the health and safety of our residents and to destroy a thriving agricultural and tourist industry and competitive economy in favor of toxic industry and an obsolete and dangerous infrastructure is shortsighted and frankly, stupid.”

Paula Jean Swearingen, Climate & Workers Rights Activist:

“We’ve seen this type of exploitation far too often in the southern coalfields. A monopoly comes in that feeds the pockets of local politicians. It exploits and risks destroying our community and when it has sucked out every ounce of profit it can they pack up and leave the community with the damage. As a coal miner’s daughter our water ran black and purple and orange. I have a grandchild on the way – and I am not going to leave this world to the coal barons, pipeline profiteers, or insurance companies who trade lives and destroy the world for profit.”

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Contact:
Doug Jackson, 202.495.3045 or doug.jackson@sierraclub.org
Zack Gerdes, (240) 764-5402 or Zack.Gerdes@mdsierra.org