TOP HEADLINES

 

Trump On Wheeler: 'Maybe He Won't Be So Acting So Long.'

 

EPA Has 'Extremely Ambitious' Timeline For Climate Rules.

 

Trump Officials 'Like' Unfounded Claims, Post Lewd Jokes.

 

Kids' Climate Trial Might Be Dead. Here's What It Means.

 

The Eastern Pacific Ocean Has Seen Its Most Active Hurricane Season On Record.

 

 

 

White House and Diplomacy

 

Three Misleading Things About Trump's Clean Air Tweet. According to The Washington Post, “President Trump boasted on Twitter Monday that the United States has the ‘Cleanest Air in the World - BY FAR!’ He backed up that claim by tweeting out a map depicting little lung-choking soot hanging over the nation when compared to many areas of Africa, the Middle East and East Asia. The president has made a habit out of pointing out America’s relatively clean air in interviews and in speeches. Just last week, Trump told the Associated Press, ‘I want the cleanest air on the planet and our air now is cleaner than it’s ever been.’ The United States indeed has far cleaner air than many other countries — especially developing ones with growing heavy-industry bases like India and China. Even so, Trump’s Monday evening tweet is misleading in at least three different ways. First, if the map shows a win for anyone, it’s former President Obama. … Second, the claim added to the map — that ‘none in [the] U.S.’ are exposed to pollutions levels above WHO’s recommendations — is inaccurate. … Finally, the United States does not have the world’s best air quality, as Trump claimed. … But the bigger truth behind Trump’s tweet is perhaps how it highlights the diverging ways the two major political parties have reacted to the success of U.S. air pollution controls.” [The Washington Post, 10/23/18 (+)]

 

Federal Agencies

 

EPA

 

Deregulation &  Regulatory Reform

 

EPA Has 'Extremely Ambitious' Timeline For Climate Rules. According to E&E News, “EPA is aiming to complete at least two major overhauls of Obama-era climate rules in less than a year. It’s a goal analysts call ambitious and will help the agency meet the president’s rule-busting agenda. EPA says it intends to finalize both its replacement for the Clean Power Plan and changes to standards related to methane emissions from the oil and gas industry in roughly six months. The rapid timelines came out this month as part of the Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions, which tracks federal agency progress on rulemaking. … Collectively, agencies are projected to cut $18 billion in regulatory costs next fiscal year, not counting finalized changes to the corporate average fuel economy standards. To help meet that goal, EPA has a negative $817.8 million regulatory budget for fiscal 2019. That follows the agency slashing $1.2 billion in regulatory costs in fiscal 2018. … ‘If you build in the 90 days presumptive OMB [Office of Management and Budget] review, that only leaves 3-4 months to read and assimilate the comments, do whatever additional analytic work required or desired, make changes to the rule (if any) and out all the documentation together,’ [Janet McCabe] wrote. In an email, McCabe said of the Trump EPA’s plans: ‘Very challenging even for a more straightforward rule.’” [E&E News, 10/23/18 (=)]

 

EPA Further Narrows Guidance On 'Common Control' Of Facilities For NSR. According to Inside EPA, “EPA is refining its guidance on when industrial facilities can be considered under ‘common control’ and hence treated as one source for air permitting purposes, further narrowing the definition of control in a letter to Wisconsin air regulators to emphasize the overall ‘control’ of one facility over another rather than a facility’s polluting activities. In the Oct. 16 letter to the Wisconsin Department Of Natural Resources (WDNR), Anna Marie Wood, director of EPA’s Air Quality Policy Division, seeks to clarify and narrow a policy directive from EPA air policy chief Bill Wehrum that narrowed the circumstances when facilities may be considered under common control. Wehrum in April sought to focus the definition of ‘common control’ to ‘encompass the power or authority to dictate the outcome of decisions of another entity’ with respect to ‘operations relevant to air pollution, and specifically control over such operations that could affect the applicability of, or compliance with, permitting requirements.’ This is a more restrictive approach than that taken by the Obama EPA, which took a broader range of factors into account. Federal regulations require that sources be aggregated into a single source if they belong to the same industrial grouping; are located on one or more contiguous of adjacent properties; and are under the control of the same person (or persons under common control). Sources aggregated as one are more likely to exceed Clean Air Act ‘major source’ emissions thresholds that trigger potentially expensive pollution control mandates under the new source review (NSR) permit program. As a result, companies aim to avoid triggering NSR permits.” [Inside EPA, 10/23/18 (=)]

 

Andrew Wheeler

 

Potential Nomination

 

Trump On Wheeler: 'Maybe He Won't Be So Acting So Long.' According to E&E News, “President Trump suggested today that he’s so impressed with acting EPA Administrator Andrew Wheeler’s work, he might formally nominate him for the job. ‘He’s acting, but he’s doing well, right?’ Trump said. ‘So maybe he won’t be so acting so long.’ The president’s remarks came at a White House State Leadership Day Conference attended by officials from Alaska, California and Hawaii. Trump also said he planned to sign a water infrastructure authorization bill, ‘America’s Water Infrastructure Act of 2018,’ later today. The sweeping legislation would authorize dredging at ports, among other infrastructure projects. Trump said today that he was in Texas for a rally last night and that ports in that state are plagued by a lack of dredging. ‘Big Oil, they can’t get ships into harbors because they can’t get permits to drain,’ he said. Trump then called out Wheeler in the crowd, asking, ‘Is Andrew here? Because I want to ask Andrew to get that done right away.’ … Trump asked Wheeler today to work with the state of Texas so that ‘They can bring the giant ships in, fill ‘em up, and they go out and it will be a tremendous difference.’ ‘We will sell a lot more oil,’ he said. ‘If you could do that, Andrew — OK. He’ll get it done.’” [E&E News, 10/23/18 (=)]

 

Trump Says EPA Acting Chief 'Doing Well,' May Become Permanent. According to Reuters, “President Donald Trump said on Tuesday that U.S. Environmental Protection Agency Acting Administrator Andrew Wheeler, a former coal industry lobbyist, was doing a good job and could be nominated to permanently take on the role. ‘He’s acting, but he’s doing well, so maybe he won’t be so acting so long,’ Trump said at an event alongside Wheeler. … In Wheeler, Trump has seen another strong supporter of his deregulatory agenda and advocate for the fossil fuels industry, but without the constant criticism over alleged mismanagement that plagued Pruitt. Wheeler had worked at the EPA in the 1990s and later in the Senate under Republican Senator Jim Inhofe, a skeptic of mainstream climate science, before moving to the private sector as a lobbyist and consultant. He has said that he is ‘not at all ashamed’ of his lobbying for the coal company Murray Energy Corp, the focus of criticism by environmentalists. Wheeler also lobbied for utility Xcel Energy Inc (XEL.O) and consulted for biofuels industry group Growth Energy, agricultural merchant and biofuels producer Archer Daniels Midland Co (ADM.N), and International Paper Co (IP.N), according to his public disclosures. He has been in the job in an acting capacity for more than 100 days, one of the longest tenures for an acting chief at the agency in decades. The next permanent EPA administrator must be nominated by Trump and confirmed by the Senate. Wheeler has said that EPA, under his leadership, would take the same course as under Pruitt, prioritize cleaning up industrial Superfund sites - areas contaminated by hazardous waste and identified by the EPA as a candidate for cleanup due to a risk to health and/or the environment - and financing investments in water infrastructure.” [Reuters, 10/23/18 (=)]

 

Trump Suggests Wheeler Could Be Permanent EPA Chief. According to Politico, “President Donald Trump hinted at a White House event today he might seek to make acting EPA Administrator Andrew Wheeler’s promotion to the agency’s top job permanent. ‘He’s acting, but he’s doing well, right? So maybe he won’t be so acting for so long,’ Trump said as he brought Wheeler onstage at the White House State Leadership Day Conference. Officials appointed in an ‘acting’ capacity are typically limited to 210 days in the role, though there maybe exemptions that could allow Wheeler to hold the job longer. But he would need to vacate the position if he is officially nominated as the successor to former Administrator Scott Pruitt, who resigned in July amid numerous scandals and investigations. Wheeler has largely carried out the same policies Pruitt initiated and pledged to maintain the continue Trump regulatory rollbacks. At Monday night’s rally in Houston, Trump called on Wheeler as he relayed complaints he heard from industry. ‘Big Oil — they can’t get ships into harbors because they can’t get permits to drain,’ Trump said. ‘I’m going to ask Andrew to get that done right away.’ That activity is largely handled by the U.S. Army Corps of Engineers. Earlier in the event, Trump praised a memorandum he signed last week to expedite environmental reviews freeing water for California farmers, a move aimed at boosting several House Republicans in tight re-election races. It was opposed by environmental groups and tribes.” [Politico, 10/23/18 (=)]

 

Trump Indicates He Might Formally Tap Wheeler To Lead EPA. According to The Hill, “President Trump indicated Tuesday that he might nominate current acting Environmental Protection Agency (EPA) chief Andrew Wheeler to be the agency’s official head. Wheeler was nominated and confirmed by the Senate to be deputy administrator and took over the top job on an acting basis in July when former head Scott Pruitt resigned amid spending and ethics scandals. But at a White House event Tuesday, Trump said he might want Wheeler to be able to drop the ‘acting’ title. ‘He’s acting, but he’s doing well, right? So maybe he won’t be so acting so long,’ Trump said when calling Wheeler up to the stage at the State Leadership Day Conference. ‘Especially if he gets this done,’ he said, going on to explain an issue that a Texas port has had in getting permits to dredge their port facilities. Wheeler was a lobbyist and consultant at Faegre Baker Daniels for many energy clients, including coal miner Murray Energy Corp., before taking the EPA job earlier this year. Prior to that, he worked for Sen. Jim Inhofe (R-Okla.) and as a career employee at EPA. Wheeler is limited to 210 days as acting EPA administrator. But a legal provision that applies specifically to EPA might give him the ability to stay in the position longer if needed. He would have to go through another Senate confirmation process if Trump wanted him to take the administrator job on a nonacting basis.” [The Hill, 10/23/18 (=)]

 

Meetings & Communications

 

To Shale Country. According to Politico, “Acting EPA Administrator Andrew Wheeler will kick off the oil and gas industry’s Shale Insight conference in Pittsburgh today with a keynote address at 9 a.m. on ‘the new EPA,’ focusing on ‘responsible environmental protection with American business.’ The conference will also feature present and former federal officials and industry representatives: Shawn Bennett, the deputy assistant Energy secretary for oil and natural gas, and Adm. Michael Rogers, the former head of the NSA and U.S. Cyber Command. The joint event, presented by the Marcellus Shale Coalition, Ohio Oil and Gas Association, and West Virginia Oil and Natural Gas Association, will include discussions on power generation, lessons learned from recent pipeline construction and the role of gas in national security. … Flashback: Then-candidate Donald Trump attended the event in 2016, where he vowed to advance energy projects ‘held up by’ the Obama administration.” [Politico, 10/23/18 (=)]

 

Ad-ding It Up. According to Politico, “Ahead of Wheeler’s appearance, the Pittsburgh Post-Gazette’s homepage will feature ads from the Clean Air Council highlighting EPA’s recently proposed rollback to rules on methane emissions from oil and gas infrastructure. The ad will direct readers to a website where they can send a comment on the proposal.” [Politico, 10/23/18 (=)]

 

Other EPA Leadership & Personnel

 

Bill Wehrum

 

Emails Show ‘Cozy’ Ties Between EPA’s Air Office And Its Chief’s Former Firm. According to Huffington Post, “A trove of emails obtained by HuffPost sheds light on the ongoing relationship between the Environmental Protection Agency’s air quality chief, Bill Wehrum, and people at his former law and lobbying firm. This latest instance of Trump appointees communicating with previous employers highlights the extent to which corporate interests have gained access to crucial government decision-makers and raises questions about the usefulness of President Donald Trump’s ethics rules. Since he became assistant administrator of the EPA’s Office of Air and Radiation last November, Wehrum has been criticized as the embodiment of regulatory capture. Wehrum, a seasoned lawyer and lobbyist at the firm Hunton Andrews Kurth, previously worked at the EPA during the George W. Bush administration. Upon returning to private practice, he fought the agency on the energy industry’s behalf. His clientele included such powerhouses as ExxonMobil, the American Petroleum Institute, Koch Industries, Dominion Energy and Enbridge. Now, he’s back at the EPA and seeking to erase some of the hallmarks of Obama-era regulation of air pollution ― an agenda that will benefit many of Wehrum’s former clients. A month after rejoining the EPA, Wehrum was already visiting Hunton’s Washington offices to lay out his plan for regulatory reform before the Utility Air Regulatory Group, a onetime client, and other eager listeners. The Utility Air Regulatory Group is a trade association that speaks for major energy companies and utilities such as American Electric Power and Southern Company.” [Huffington Post, 10/23/18 (+)]

 

Personnel

 

Trump Officials 'Like' Unfounded Claims, Post Lewd Jokes. According to E&E News, “Trump administration appointees working in key environmental and energy jobs have endorsed conspiracy theories, misinformation, and racist and lewd jokes on social media, an E&E News review has found. The posts — including some tied to unfounded far-right speculation that President Trump is facing a far-reaching ‘deep state’ plot — raise questions about the judgment of some appointees at the departments of Energy and the Interior and at EPA, according to social media experts. Officials who engaged with inflammatory content include Suzanne Jaworowski, the chief of staff and a senior adviser at the nuclear power office of the Department of Energy; regional EPA Administrator Mike Stoker, who directs the agency’s San Francisco-based Region 9 office; and Scott Hommel, Interior Secretary’s Ryan Zinke’s longtime chief of staff. … While working as an agriculture industry lawyer in California, Stoker posted stories or jokes on Facebook that cast doubt on climate science, disparaged Mexicans and blamed Hillary Clinton for her husband’s affair with former White House intern Monica Lewinsky, and he repeatedly posted quotes misattributed to the Founding Fathers that support his conservative worldview. … EPA didn’t respond to requests for comment on Stoker’s posts.” [E&E News, 10/23/18 (=)]

 

DOE

 

Back To His Old Stomping Grounds. According to Politico, “Energy Secretary Rick Perry will be in Dallas today to discuss safeguarding energy infrastructure at the annual North American Strategic Infrastructure Leadership Forum. The former governor of Texas will highlight, in part, the Energy Department’s role in protecting infrastructure against cyberattacks, according to DOE.” [Politico, 10/24/18 (=)]

 

Congress

 

House of Representatives

 

Chao: House Democrats Want To Fund Infrastructure Bill With Carbon Tax. According to Politico, “Transportation Secretary Elaine Chao suggested today that Democrats in the House want to link a carbon tax to an infrastructure bill being developed, but Democratic staff quickly threw cold water on the idea. When it comes to infrastructure, ‘there are many, many pay-fors, but none of them have consensus. For this administration, everything is on the table. But we’re talking about gas taxes. The Democrats are talking about carbon taxes,’ Chao said at a White House event today. ‘So the House has an infrastructure proposal that they will likely come out, that may have 100 percent financing, which is what they would like to see, and they’re looking at the carbon tax,’ she said. Asked about Chao’s comments, House Democratic aides said a carbon tax hasn’t been part of their infrastructure plan, either formally or informally. A senior Democratic aide said that in fact talk on infrastructure has slowed as the midterm elections approach. Both Democrats and President Donald Trump have said infrastructure could be an issue where the two parties could find common ground if Democrats take back the House.” [Politico, 10/23/18 (=)]

 

Midterms Pose Challenge For Political Relevance Of House Climate Caucus. According to Inside EPA, “Next month’s midterms, which are widely expected to usher in Democratic control of the House, could become a crucial inflection point for the political relevance of the bipartisan House Climate Solutions Caucus, given that many GOP members of the group are either retiring or at risk of losing their seats. Notably, two high-profile Republican lawmakers in the caucus, who are sponsoring legislation to impose an economy-wide carbon tax, are each locked in a dead heat as they campaign for re-election. Should they prevail, their victory could become a symbol for how GOP lawmakers can survive or even benefit from embracing carbon controls. However, if large numbers of Republican caucus members were to lose, Democrats could lose many of their potential partners on bipartisan climate efforts. Many observers, and some lawmakers themselves, are already acknowledging that the caucus -- which is evenly split by design between the parties -- will likely lose a significant number of Republican members, with caucus co-chairman Ted Deutch (D-FL) recently pledging to ‘promptly reconstitute’ the caucus after the midterms. But one former Democratic Capitol Hill staffer highlights the fate of the group’s other co-chairman, Rep. Carlos Curbelo (R-FL), as particularly important for the political dynamics of the caucus and the broader discussion of climate policy.” [Inside EPA, 10/23/18 (=)]

 

2018 Elections

 

As Climate Change Becomes More Visible, Its Weight As A Campaign Issue Is Growing. According to Los Angeles Times, “It was only a few years ago that a strident denier of climate change who mocked the idea of humans pushing temperatures higher represented the congressional district that stretches into what Floridians fondly call their Treasure Coast. No House candidate along the Treasure Coast talks that way now. Worries about increasingly toxic algae blooms have consumed residents this election season. Putrid water that scientists say is aggravated by a warming climate has killed sea life, sickened residents, battered tourism – and reshaped politics up and down the state’s Atlantic coastline. ‘It is getting worse,’ said Betty Hardwick, 86, who was working the front desk of the Stuart Heritage Museum on a recent hot October afternoon. She has lived here since 1950. ‘It’s definitely warmer, and that is causing this to stay around so long,’ Hardwick said of the toxic water. ‘We need to do something.’ For years, conventional wisdom among political strategists has labeled climate change as a politically weak issue, a concern of environmental activists but not the mass of voters. That’s still the case in many areas. But in districts around the country where warming is exacerbating natural disasters and disrupting regional economies, the anxiety of voters like Hardwick has started to shift how candidates campaign.” [Los Angeles Times, 10/23/18 (+)]

 

A Record Number Of Scientists Are Running For Congress, And They Get Climate Change. According to Inside Climate News, “Joseph Kopser, an aerospace engineer, Army veteran and Austin tech entrepreneur, is spending October on the campaign trail, Texas style. At a barbecue, a block party, even a hayride through Hill Country, he’s making the case for a dramatic change in Texas’ 21st Congressional District and an historic transformation in the U.S. Congress. Kopser is one of more than a dozen scientists running for Congress this November—a record number that reflects a groundswell of political activism in the scientific community triggered by the anti-science agenda of President Donald Trump’s administration, especially on climate change. Kopser is quick to point out that the political attacks on science pre-date Trump. His district is a prime example: He’s running to fill the congressional seat of retiring Republican Rep. Lamar Smith, who spent the past six years using his power as chairman of the House Science, Space, and Technology Committee to cast doubt on consensus climate and environmental science. ‘The problem I saw is we are so entrenched in our camps and party loyalty, no one is willing to think about other ways of doing business right now,’ said Kopser, who is a Democrat like many of the scientists running for office. ‘Trump is just a symptom of the day and age.’ The scientist candidates and their supporters say the political movement has the potential to transform Congress, injecting a critical mass of evidence-based thinkers who could lessen the influence of ideology on decision-making. It could help catalyze real debate on solutions to address climate change and a host of other issues, they say.” [Inside Climate News, 10/23/18 (+)]

 

With Key Senate Races Mired In Pollution Issues, Republican Strategists Shrug. According to Huffington Post, “In Arizona, brown sewage gurgled into the border town of Naco, where some residents blame Rep. Martha McSally ― the Republican nominee for the state’s open Senate seat ― for not wrangling enough federal funding to fix the problem. In Texas, the fossil fuel industry’s unquenchable thirst for dwindling freshwater resources is bolstering Democratic Rep. Beto O’Rourke’s long-shot chance of unseating Republican Sen. Ted Cruz. In Florida, the toxic algae shuttering beaches and threatening a public health crisis has thrown a spotlight on Republican Gov. Rick Scott’s record of slashing water management budgets and denying climate change as he makes a bid to unseat Bill Nelson, the state’s Democratic senator. Environmental problems are dogging Republicans in several key Senate races amidst an election widely seen as a referendum on President Donald Trump, who has made eliminating industrial regulations a cornerstone of his agenda. But Republican strategists are counting on Americans not to make these issues their top priorities on Election Day. ‘Honestly, man, I … have never considered that any of these things are affecting the races,’ Republican strategist Scott Jennings told HuffPost. ‘My guess is that those issues are so low on the spectrum that it’s unlikely they will make a significant impact,’ said Joseph Majkut, director of climate policy at the Niskanen Center, a libertarian think tank.” [Huffington Post, 10/24/18 (+)]

 

Biden Calls Rick Scott A 'Handmaiden' For Trump. According to E&E News, “Former Vice President Joe Biden warned during a rally here yesterday that climate change is a major risk to national security, making a political argument two weeks before midterm elections that Democrats are better at handling global warming. To illustrate the danger, Biden told supporters about a meeting he and former President Obama had with military officials soon after the 2008 presidential election. ‘When we got to Washington, D.C. ... we met in what they call the Tank over at the Defense Department with the Joint Chiefs of Staff,’ Biden said. ‘You know what they told us? They told us the greatest threat to our security was global warming.’ The reason, he said, was one often cited by national security experts — that a changing climate could cause widespread migration and prompt competition for land and resources, both of which increase the odds of armed conflict. ‘Folks, this is serious stuff,’ Biden said. Biden’s warning was one of several references to climate change by speakers during a rally in downtown Orlando for Florida Democrats. Biden urged his fellow Democrats to go out and support the re-election of Sen. Bill Nelson, a Democrat running to keep his seat in the face of a strong challenge from Republican Gov. Rick Scott. ‘You guys know what’s happening. The oceans are warming. The sea is rising. The storms are becoming more and more frequent, more intense, more devastating,’ Biden said. ‘And you have a governor of this state who will be the handmaiden of the president of the United States.’” [E&E News, 10/24/18 (=)]

 

Judiciary And Legal

 

Environmental Groups Cite Hurricane Concerns In Coal Ash Suit Against EPA. According to Utility Dive, “Six environmental groups filed a lawsuit on Monday against the Environmental Protection Agency (EPA) and acting administrator Andrew Wheeler over a final rule that gives states more authority over the management of coal ash sites and delays closure of some pits. The groups, in part, attribute the lawsuit to recent coal ash spills related to Hurricane Florence, which they say show utilities are not taking the structural integrity of their storage sites seriously enough. The EPA’s final rule in July rolled back the Obama administration’s coal combustion residual (CCR) rule, which was triggered in part by a massive 2008 spill from a Tennessee Valley Authority (TVA) coal plant. The U.S. Court of Appeals for the D.C. Circuit in August ruled those Obama-era regulations didn’t go far enough in protecting people against unlined coal ash pits.” [Utility Dive, 10/23/18 (=)]

 

Lawsuit Ties Climate Change To Outdoor Activity. According to Politico, “A group including the Animal Legal Defense Fund and Seeding Sovereignty filed a lawsuit late last week tying the government’s lack of action on climate change over decades to the inability of scientists, outdoor enthusiasts and wildlife advocates to safely conduct their research or interact with the outdoors. The lawsuit against EPA and the Interior and Agriculture departments, among other agencies, ties increased natural disasters — which scientists say has been made worse by climate change — to unsafe working conditions. ‘This case asks the Court to recognize the substantive right to be let alone in the context of wilderness by compelling the Government to mitigate the impacts of climate change on American wilderness, and to reverse a course of conduct wherein the United States has become a recognized national threat to itself, to its own wellbeing and security — also something the founders could never have foreseen,’ the complaint says.” [Politico, 10/24/18 (=)]

 

Supreme Court

 

Kids' Climate Trial Might Be Dead. Here's What It Means. According to E&E News, “But if the trial does not happen, experts say it will mark a series of lost opportunities to galvanize national attention on climate change, educate the public about the topic, and demonstrate that the government has studied it and its risks since the middle of the 20th century. ‘It would be very well-publicized; it might educate people,’ said Sean Hecht, an environmental law professor at the University of California, Los Angeles. ‘There’s something newsy about covering a trial.’ … David Bookbinder, chief counsel at the Niskanen Center, a libertarian advocacy group, said the trial and the ensuing spotlight from the press would be a significant moment for the climate movement. ‘It would be a mainstream media boost on climate, absolutely,’ he said, ‘and that would be extremely helpful.’ Hecht said the court proceedings could also serve to dispel the false notion among some in the public that climate science isn’t firmly established. ‘There’s a popular narrative on the political spectrum that the science isn’t settled, even today,’ he said. The Justice Department, which represented the Obama administration when the case was filed in 2015 and now represents the Trump administration, is unlikely to dispute climate science in court (Climatewire, Oct. 12). Still, no trial would mean no chances to press the government in front of a judge on its specific climate positions.” [E&E News, 10/24/18 (=)]

 

Kavanaugh’s Track Record On Environmental Law Favors Business Over Climate Change Protections. According to PRI, “Kavanaugh styles himself after the late Justice Scalia, who called himself a textualist or a strict constructionist, explains Vermont law professor Pat Parenteau. ‘He looks to the text of a statute when he’s asked to interpret it, and if the text isn’t clear enough, oftentimes he will rule against an agency’s interpretation,’ Parenteau says. ‘In the environmental arena, that oftentimes means that rules written to increase the level of protection for public health and the environment don’t often fit squarely within the plain text of a statute,’ Parenteau continues. ‘Statutes are [often] general and vague. Agencies try to interpret them as best they can.’ Kavanaugh believes government agencies require explicit direction from Congress when it comes to writing rules that impose costs on American businesses, so he tends to rule against environmental laws that offer broad protections to public health or the environment, Parenteau says. While still on the Circuit Court, for example, Kavanaugh ruled that EPA does not have the authority to require a substitute chemical used in refrigerants and fire prevention devices that have been found to be a potent greenhouse gas. EPA had adopted the use of this chemical because it doesn’t deplete the ozone layer but then decided that substituting a greenhouse gas for an ozone-depleting gas was not good policy.” [PRI, 10/23/18 (=)]

 

 

Allies and Activism

 

Greens Launch Ads Against Rick Scott, House Republicans. According to E&E News, “The League of Conservation Voters continued throwing money at races across the country today. The LCV Victory Fund announced ad campaigns hitting Reps. Mike Bishop (R-Mich.), Mimi Walters (R-Calif.) and Scott Taylor (R-Va.), as well as a joint $2.25 million effort with the Environmental Defense Fund attacking Gov. Rick Scott (R) in the Florida Senate race. The House race ads link the incumbents’ votes against pollution and emissions regulations to public health concerns. The Michigan ad campaign costs $355,000, while the Virginia campaign comes to $300,000. LCV said it was spending $200,000 against Walters. … Another environmental group, the Wilderness Society Action Fund, announced a series of radio ads targeting Rep. Bruce Poliquin (R-Maine). The ads note Poliquin’s votes against drinking water protections, methane emission controls and other environmental regulations. He faces Democrat Jared Golden. In Florida, the LCV effort focuses on the red tide that has devastated coastlines this summer, leaving beaches stinking and littered with dead marine life. Although red tides are naturally occurring, scientists say water warmed by climate change and nutrient-rich runoff pollution can intensify them. The ad attacks Scott’s cuts to environmental regulations and the state water management budget. ‘Rick Scott has been an abject failure on protecting Florida’s water and coastline — and Floridians are paying the price,’ Joe Bonfiglio, president of EDF Action, said in a statement.” [E&E News, 10/23/18 (=)]

 

Industry and Finance

 

Advocates Seek Bigger Role For Corporations On Grid Planning. According to Midwest Energy News, “If U.S. corporations are serious about powering operations with renewable energy, they need to play a bigger role advocating for transmission projects, according to a recent report from a renewable energy group. The Wind Solar Alliance, a Washington, D.C., nonprofit that advocates for renewable energy, says while American companies and other large customers have expressed a wish for lots of renewable power, and while lots of wind projects are planned to fulfill those wishes, there is a shortage of power lines to get the electricity where it needs to be. A solution, according to Kevin O’Rourke, the director of public affairs for the Alliance, is for corporate customers to lobby their regional transmission organizations (RTOs) to plan transmission lines that will allow corporate customers to move towards renewable generation. Large electricity customers plan to massively increase their use of renewable energy. The Renewable Energy Buyers Alliance, a coalition of more than 400 corporations and governments, has purchased 13.1 GW of renewable power so far. By 2025, the members intend to increase that by 46.9 GW.” [Midwest Energy News, 10/23/18 (=)]

 

Oil Spill Pays For Climate Curriculum In Gulf States. According to E&E News, “The nation’s top science academy is spending part of a $500 million oil spill settlement to provide climate change education in Gulf Coast communities that are highly vulnerable to sea-level rise and other climate threats. The grants, ranging from $98,000 to $764,000, will be distributed to organizations serving middle and high school students mostly in Alabama, Louisiana, Mississippi and Texas, according to a list of awards released by the National Academies of Sciences, Engineering and Medicine. One grant will be used by educators in Georgia to explore water quality and hydrologic connections between the Okefenokee Swamp and the Gulf of Mexico. Another will aim to increase environmental literacy among fourth-, fifth- and sixth-graders in Alabama, Mississippi and Maine. The funds are administered by the National Academies’ Gulf Research Program, which was established as part of a multibillion-dollar Justice Department settlement stemming from the Deepwater Horizon disaster in 2010. Most of the program’s funding came from BP Exploration and Production Inc. and Transocean Deepwater Inc., according to Mike Banker, a National Academies spokesman.” [E&E News, 10/24/18 (=)]

 

Opinion Pieces

 

Op-Ed: How You Can Fight Climate Change When The Government Won’t. According to an op-ed by Karl Coplan in The Hill, “A recent report from the Intergovernmental Panel on Climate Change on the global steps needed to limit global warming to 1.5 degree Celsius is a clarion call to action. Global emissions must drop by nearly 50 percent in just over a decade to stay on track to meet this target. The secondary target of 2 degrees Celsius will involve substantially greater adverse impacts, and will still require substantial greenhouse gas emissions reductions in the coming decade. This call to action has renewed debate about appropriate collective and governmental actions to limit greenhouse gas emissions. There are renewed proposals for carbon taxes, fee and dividend plans, and renewable energy investments. Even Exxon Mobil has announced its support for some form of carbon tax — if it gets liability relief for fossil fuel harms at the same time. But the national political climate remains hostile to effective climate action in the United States, as the Republican Party, remains in a position to block all legislative and administrative efforts to reduce emissions. And the fact that Exxon Mobil supports a carbon tax gives a hint that any national carbon policy that is going to be on the table is unlikely to achieve the necessary drastic reductions in fossil fuel-related greenhouse emissions.” [The Hill, 10/23/18 (=)]

 

Research And Analysis

 

The Eastern Pacific Ocean Has Seen Its Most Active Hurricane Season On Record. According to The Washington Post, “The Atlantic has endured a bad hurricane season, thanks to Florence and Michael, but it could be worse. The eastern Pacific Ocean, whose storms have affected Mexico’s west coast and Hawaii, has notched its most active season on record. And we still have more than a month left in the ‘official’ window of eastern Pacific hurricane season. Already featuring three Category 5 hurricanes east of the international date line, the Pacific has been furiously cranking out storms since shortly after the season began May 15. Aletta formed June 6, with Bud quickly spinning up three days later. Before long, a seemingly ceaseless barrage of storms blew up, largely dodging land save for a few brushes with coastal Mexico and Hawaii. Added up, this season tops the charts as the most energetic on record. Meteorologists evaluate how busy the hurricane season is by relying on a metric ACE — Accumulated Cyclone Energy — a measure of the intensity and duration of all the storms that form. Climatologists keep a running tally of ACE throughout the season to see it how stacks up against those from the past. The average season-to-date ACE for this time of year is 125.7 units. Through Oct. 23, storms had churned up a combined 311 units. That’s more than two and a half times the typical expectation. … But the sheer uptick in strength isn’t the only fingerprint of climate change. It seems nowadays that many storms catch forecasters off guard by rapidly intensifying. That means their winds strengthen at least 35 mph (30 knots) in 24 hours.” [The Washington Post, 10/23/18 (+)]

 

1 Fun Thing: A Greener World Series. According to Axios, “Axios Expert Voices contributor Maggie Teliska looks at the energy usage of Boston’s Fenway Park — where the Red Sox last night beat the Dodgers in game 1 of the World Series. Despite the age of the park, which was opened in 1912, Fenway ranks among the top 10 energy-efficient baseball stadiums in the U.S. Why it matters: In 2008, Fenway became the first major league sports arena in the U.S. to install and use thermal solar panels, which replaced gas to heat the stadium’s water. Combined with over 20 other initiatives, including LED retrofits, Fenway’s efforts have resulted in a 12% reduction in total energy consumption since 2014. The background: Major League Baseball stadiums can use up to 30 million kilowatt hours in one season, enough to power over 3,000 U.S. homes in a year. The MLB actively encourages the clubs to commit to renewable practices, and was the first professional sports league to enroll all of its members in the Green Sports Alliance, an organization that promotes sustainability in sports. What’s new: Last year the Red Sox announced that they would offset 100% of Fenway’s electricity use for the next 2 years by purchasing renewable energy certificates (RECs).” [Axios, 10/24/18 (=)]

 

 

Michigan

 

Few Objections So Far To Big Solar Farm On Genesee County's Western Border. According to M Live, “Unlike a wind turbine project that never achieved liftoff here, a massive solar farm that’s been proposed near the Shiawassee-Geneesee County border is off to a smooth start. Members of the Shiawassee County Board of Commissioners had few questions for representatives of Ranger Power, the developer, during a meeting Wednesday, Oct. 17, and representatives of the area say they aren’t hearing a lot of objections from their neighbors this time. Located roughly between Riley Road on the north, Copus Road on the south, west of Byron Road on the west and M-13 on the east, the Ranger solar farm would cover 1,200 acres but leave structures, wetlands and trees in place while adding hundreds of thousands of solar panels to the landscape, which is primarily farm land and rural homesteads. ‘It’s been very positive ... I haven’t had any complaints,’ Commissioner Gary Holzhausen told his colleagues Wednesday. ‘It all sounds good.’” [M Live, 10/21/18 (=)]

 

Gratiot County To Receive New Wind Farm By 2020. According to Morning Sun, “Gratiot County may soon become the wind turbine capital of Michigan. Construction of the county’s fourth wind farm is due to begin early next next and be operational by 2020. Consumers Energy is building 75 turbines in North Shade and New Haven Township that will have a capacity to produce up to 150 megawatts of energy when completed. A development asset acquisition agreement will be signed to allow the company to acquire a development package and then manage the wind farm construction. The deal requires approval from the Michigan Public Services Commission. Lenexa, Kansas-based Tradewind Energy, one of the largest wind and solar project development companies in the U.S., will perform studies, secure permits, acquire real estate and carry out other functions needed to get the project to the construction stage. The wind farm will be located about 10 miles west of U.S. 127 and encompass 20,000 acres on both sides of M-57. About 100 local landowners will be involved.” [Morning Sun, 10/20/18 (=)]

 

Minnesota

 

Minnesota’s Integrated Distribution Plan: The Midwest Model For Grid Edge Integration? According to Greentech Media, “Over the past several years, a handful of states — California, New York, Hawaii, and most recently, Nevada — have taken on the challenge of integrating distributed energy resources (DERs) like rooftop solar, energy storage and plug-in electric vehicles into the way utilities plan for and operate their distribution grids. Now it’s Minnesota’s turn. On August 30, the Minnesota Public Utilities Commission approved its Integrated Distribution Planning Requirements for Xcel Energy (PDF), the state’s biggest utility. This IDP framework orders Xcel to start the work of building systems to value DERs’ contribution to the grid serving its 1.3 million customers. By Nov. 1, Xcel is required to file an IDP plan that includes a ton of data on its distribution grid and the DERs connected to it, as well as its best available forecasting for local load growth and DER proliferation over the next 10 years. It will also be asked to provide a 5-year ‘Action Plan’ for ‘distribution system developments and investments in grid modernization based on internal business plans,’ one that includes DER forecasts, hosting capacity analyses, and a ‘non-wires alternatives analysis’ that represents the state’s first foray into DERs to replace traditional grid investments.” [Greentech Media, 10/23/18 (+)]

 

Audubon Minnesota Applauds Xcel Energy For Requiring Solar Proposals To Disclose Vegetation Details. According to Solar Power World, “Audubon Minnesota is encouraged to hear that Xcel Energy will require solar project proposals to include details about wildflowers and other native plants. Solar developments that include native plants can provide habitat for birds that are facing increasing challenges in a changing climate. ‘Every patch of habitat counts,’ said Rebeccah Sanders, Audubon’s VP for the Great Lakes and Upper Mississippi Flyway. ‘Half of Minnesota’s birds are threatened by climate change, according to the Audubon Birds & Climate Change Report. Xcel Energy’s actions will help Minnesota achieve renewable energy goals, which help to curb the impacts of carbon pollution, while also providing much-needed sustenance for our birds, bees, and butterflies.’ In 2016, Audubon Minnesota, Fresh Energy, and other partners supported the passage of a bill that sets a standard for pollinator-friendly plants on solar sites. This standard is based on the Board of Water and Soil Resources’ Pollinator-Friendly Solar Scorecard … According to Xcel Energy, each new solar project proposal in Minnesota must include a completed copy of the scorecard. Xcel is expected to procure more than 3,000 MW of ground-mounted solar by 2030 which would cover more than 20,000 acres. Under this new practice, that’s a lot of additional habitat and a great opportunity to lower carbon emissions. The use of this scorecard by a major energy producer sets a new standard for developers across the country because Xcel is the first utility to formally require the scorecard in its solar RFP process. We encourage more utilities follow suit. Renewable energy reduces the impacts of climate change on birds and their habitats, and we are enthused to support the responsible development of new energy sites.” [Solar Power World, 10/22/18 (+)]

 

Nevada

 

NV Energy Looks To Add 350 MW Renewables, Storage As State Anti-Monopoly Vote Approaches. According to Utility Dive, “NV Energy last week issued a request for proposals (RFP) for 350 MW of renewable energy and supplemental battery storage. The utility is requesting a minimum of 20 MW per project and will accept a range of solar, geothermal, wind, biomass and biogas technologies to be built in Nevada. Supplemental storage systems can be paired with an existing renewable resource or proposed as part of a new project. The request comes as two November ballot initiatives loom over the state: one will determine whether Nevada requires 50% of power generation come from renewables by 2030 and the other could eliminate energy monopolies.” [Utility Dive, 10/23/18 (=)]

 

New York

 

New York Port Authority May Sign On To Climate Deal Trump Dashed. According to Bloomberg, “More than a year after President Donald Trump vowed to withdraw the U.S. from the Paris agreement on climate change, one of America’s busiest transportation systems may sign on. Following more than a dozen states which have said they will take their own steps to curb the release of greenhouse gases despite the federal government’s stance, the Port Authority of New York and New Jersey’s board on Thursday will consider cutting emissions 35 percent below 2006 pollution levels over the next eight years. By 2050, emissions should fall 80 percent below that level. New York and New Jersey are both among states that support the international targets. ‘The states of New York and New Jersey have taken a leadership role in stepping up to embrace the Paris accord, given the fact that the United States has withdrawn,’ said Rick Cotton, executive director of the Port Authority in an interview. ‘The Port Authority ought to join with the two states in embracing the Paris Accord and doing what we can do to reduce our greenhouse gas emissions.’ The Port Authority, one of the nation’s largest transportation agencies, operates New York City’s airports, shipping terminals, bridges, tunnels and the city’s bus terminal.” [Bloomberg, 10/23/18 (=)]

 

Ohio

 

Brown And Renacci Face Off In Second Debate For Senate Race. According to Hometown Stations, “A lot of ground was covered in the second Ohio Senate debate at Ohio State University. From health care and immigration to clean air, the candidates for Ohio’s Class 1 seat had a lot to say. A lot of jabs over personal and policy issues were traded between candidates Senator Sherrod Brown and Congressman Jim Renacci throughout the Saturday night debate (10/21/18). … The debate also covered the topic of clean air, with Renacci saying that while it is important to have a variety of energy efforts as Ohio does, we should not be forgetting the assets that have supplied jobs across Ohio. ‘We cannot allow our costs of energy to go up by eliminating some of the assets that we have, which is clean coal, which is clean natural gas and which is clean opportunities for jobs here in Ohio.’ Brown also praised Ohio’s renewable energy efforts specifically in Northwest Ohio like the wind turbines in Van Wert and Paulding Counties and solar energy manufacturing in Toledo. But, he said, that Republicans like Renacci overlook what coal and gas energy are doing to our planet because of their obligation to special interests. ‘They can’t even acknowledge that what 99% of scientists say, what most of the world’s countries say, that climate change is a very real threat,’ said Brown. ‘Look at the weather patterns recently. You don’t have to have great insight to see what this is doing to our planet.’” [Hometown Stations, 10/23/18 (=)]

 

Ohio’s Power Vision: Consumer-Centric Grid Improvements, Without The Mandates. According to Greentech Media, “California pushed beefy subsidies to launch rooftop solar and now distributed energy storage. New York has toiled for more than four years to perfect a market-based transition to utilities as distribution service platforms. Massachusetts is throwing money at solar and storage while chasing big offshore wind and Canadian hydro. Ohio published its own grid reform road map, dubbed PowerForward, in August, and it doesn’t even mention the word ‘clean,’ said Asim Haque, chair of the Public Utilities Commission of Ohio (PUCO), in a talk at the Verge conference in Oakland last week. A big reason for that is that Ohio has bifurcated power generation from power delivery, taking the PUCO out of the generation business. PowerForward, then, is not a road map for the future of Ohio’s currently coal-heavy electricity mix. PowerForward instead addresses the distribution grid in a manner befitting the political battleground state, which has picked presidents of both major parties, but strongly favors Republicans in its state elections, Haque noted. The plan envisions a more robust, interconnected grid, incorporating smart meters, energy data accessibility, EV charging infrastructure and non-wires alternatives, which use distributed energy resources to offset expensive wires upgrades.” [Greentech Media, 10/22/18 (+)]

 

Tennessee

 

Scientist Backs Up Sickened Kingston Coal Ash Spill Workers' Claims On Test Tampering. According to Knoxville News Sentinel, “An environmental scientist with no ties to the hundreds of blue-collar workers who say a government contractor lied about the dangers of coal ash exposure and tampered with testing backed up their claims Tuesday. Greg Schwartz, a University of Tennessee graduate, told jurors in U.S. District Court on Tuesday he was sent to the December 2008 coal ash spill at the TVA Kingston Fossil Fuel Plant in Roane County — the nation’s largest man-made environmental disaster — to gather samples of ash-contaminated water, ash-contaminated dirt and the ash itself. ‘When it was dry, it was airborne,’ Schwartz said of the coal ash. Although he is a scientist, Schwartz had no idea when he showed up at the cleanup site in early 2010 that coal ash is laden with toxins and heavy metals, including arsenic, radium, barium, silica, mercury and lead. Schwartz was working for a subcontractor of the massive government contractor Jacobs Engineering — the firm TVA ratepayers paid more than $27.7 million to oversee the cleanup and worker safety — so he said he first asked his own boss about whether he needed a respiratory mask for protection. ‘He said (Jacobs) didn’t want you wearing (a mask) because it looked bad,’ Schwartz testified.” [Knoxville News Sentinel, 10/24/18 (+)]

 

Virginia

 

Prince William’s First Solar Farm To Be The Largest In The Region. According to Prince William Times, “If all goes according to plan, Prince William County will house the largest solar farm in the Washington, D.C. region by 2020. That’s when Virginia Solar, a Henrico County-based firm, plans to complete construction on the county’s first solar farm, which is slated for a 331-acre parcel near Nokesville Park along Warrenton Road. The site is near the Prince William-Fauquier county line. The land has been in Virginia Lee Dixon McIntosh’s family for more than 100 years. During a Oct. 16 meeting of the Prince William Board of Supervisors, McIntosh said she no longer wants to own or take care of her land, but she does want to conserve it. Turning it into the Nokesville Solar Farm provides that opportunity, she said. ‘I don’t want to develop my land. … I would like to conserve the land. This is a project that will do that,’ McIntosh said. ‘It’s a win-win. It’s great for the neighbors. There’s no sound, no noise, no smell. It will be totally buffered…. And plus, for the county, it won’t use any services.’ According to Matt Mears, principal of Virginia Solar, the $30 million solar farm he has planned for 225 acres of the McIntosh parcel, at 13204 Warrenton Road, will generate about 45,000 megawatt hours of electricity a year, enough to power about 3,300 houses.” [Prince William Times, 10/23/18 (=)]