Blockbuster Supreme Court Case on Emissions May Fizzle

The Nicholas Institute for Environmental Policy Solutions at Duke University

A “blockbuster” court case that’s been wending its way through the courts for seven years finally reached the bench of the U.S. Supreme Court this week, who heard initial arguments that greenhouse gas emissions should be regulated because they’re a “public nuisance.”

In their questions, the justices were generally wary of getting courts involved in regulating greenhouse gases. “Asking a court to set standards for emissions sounds like the kind of thing that EPA does,” said one justice, referring to the U.S. Environmental Protection Agency.

The EPA is currently authorized to regulate emissions under the Clean Air Act, and they have set out a timeline for slowly phasing in regulations—but their ability to do so may still be undercut by Congress, although several attempts to do so have failed so far.

New data show the global recession accomplished what other measures struggled to do: it made greenhouse gas emissions plummet. In 2009, greenhouse gas emissions in the U.S. and the European Union both fell drastically—between 6 and 7 percent compared with the year before—according to new data from their respective environmental protection agencies.

Efforts to boost clean energy and energy efficiency are moving ahead—despite encountering opposition from sometimes unexpected corners. The U.S. government finally approved building the first U.S. offshore wind farm in Cape Cod, Massachusetts, which had long faced opposition from the Kennedy clan.

Gulf Still Faces Oil Threat on Anniversary of Spill

Activists anxious to cut emissions faster broke into the grounds of a coal-fired power plant near Chicago and unfurled a banner calling for the plant’s closure, before being arrested. The protest against all fossil fuel use was part of a Day Against Extraction, pegged to highlight the one-year anniversary of the Deepwater Horizon oil spill Wednesday. Treehugger marked the date with a roundup of some of the past year’s best reporting on the spill. In a bit of unfortunate timing, the day was also marked by a spill of hydraulic fracturing fluid at a Pennsylvania natural gas well.

Although the Deepwater Horizon well has been plugged, the Gulf still faces a big risk from oil leaks, according to an investigation by the Associated Press. Based on federal documents obtained by a Freedom of Information Act request, the AP reports there are 3,200 abandoned and unplugged oil and gas wells in the Gulf classified as active.

Are Smart Meters Vulnerable to Cyber Attack?

Now another battle is heating up, over smart meters, which provide power companies real-time information on their customers’ power consumption, and which could save energy and distribute electricity use more evenly throughout the day.

Residents of northern California, where the utility Pacific Gas & Electric has installed smart meters, were among the first to blame the meters for a variety of maladies. Rollouts of smart meters in Maine, British Columbia, and elsewhere are likewise encountering health scares. But the meters use signals like those from cordless phones, posing no special risk, according to a recent report by the California Council on Science and Technology.

In the U.K., where installation of smart meters is also under way, the security of the data seems to be a bigger concern, as research has shown the meters are vulnerable to attack by computer viruses or could be hacked.

The Donald Wants to Seize Middle East Oil

Real estate mogul Donald Trump, who said he’s considering running for president in 2012, blamed Obama for the high price of oil in the world. Trump proposed several remedies, including demanding the Organization of Petroleum Exporting Countries sell their oil for cheaper, as well as invading Libya to “take their oil,” and seizing Iraqi oil as reimbursement for the cost of war there.

Meanwhile, the International Monetary Fund warned the world is facing increased oil scarcity, while the International Energy Agency echoed similar warnings of another recession triggered by high oil prices. It also urged Saudi Arabia to boost its oil production, since it’s the only country that claims to have substantial spare oil production capacity.

However, Saudi Arabia argued there’s actually an oversupply of oil, and that’s why it cut its production in April by about 800,000 barrels per day—a 9 percent drop—compared to the month before. The Financial Times questioned Saudi claims that the market is oversupplied, pointing out that the country’s oil minister said the same in November, and yet since then prices have risen from $86 to $121 a barrel.

President Obama disagreed, blaming speculators for high oil prices.

War for Oil After All?

Trump isn’t alone in talking about invasions providing better access to oil supplies, according to secret memos obtained by U.K. newspaper The Independent.

Politicians have roundly rebutted any link between oil and the war, with former U.K. Prime Minister Tony Blair saying in 2003, “the oil conspiracy theory is honestly one of the most absurd when you analyse it.” However, the memos reveal a different story. Months before the 2003 invasion of Iraq, the U.K. Foreign Office wrote in one memo: “Iraq is the big oil prospect. BP is desperate to get in there…”

“It has never seemed likely that the US and Britain invaded Iraq primarily for its oil,” wrote political reporter and Iraq expert Patrick Cockburn in The Independent. “But would they have gone to war if Iraq had been producing cabbages? Probably not.”

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

Is Natural Gas All It’s Cracked Up to Be?

The Nicholas Institute for Environmental Policy Solutions at Duke University

Natural gas has a reputation as the least environmentally damaging fossil fuel, but a new study from Cornell University paints a slightly different picture. Study leader Robert Howarth told the BBC that, in terms of greenhouse gas emissions, gas from shale rocks—undergoing a boom in production in the U.S.—is “quite likely as bad [as] or worse than coal.”

Why? Methane, the main component of natural gas, is a far more powerful—albeit shorter-lived—greenhouse gas than carbon dioxide, and shale gas production is leaky. For each watt of energy released, the emissions from producing shale gas would cause about 20 percent more warming than the emissions from coal over a 20-year period. This is about the same amount of warming as coal over a 100-year period. 

The study received criticism from a variety of groups, including the gas industry and the industry group Energy In Depth. Even The Clean Air Task Force argued it was flawed in several ways.

Meanwhile, shale gas is being hailed as a savior by many, with Time magazine proclaiming on its cover, “This rock could power the world,” and President Obama talking up shale gas production in a recent energy speech, saying “the potential for natural gas is enormous.”

But as the Time magazine article points out, shale gas has also won many detractors. Getting it out of the ground requires a technique known as hydrofracking—fracturing the shale rock by pumping millions of gallons of high-pressure, chemical-laden water into each well. Some fear this fluid is contaminating their drinking water—either underground, or when it is stored in pools on the surface. There is little reason to think fracking is inherently unsafe, argued Michael Levi with the Council on Foreign Relations, but a new study launched by the U.S. Environmental Protection Agency could help sort out the evidence.

Regardless of the environmental impact, shale gas production could continue growing, according to a report commissioned by the U.S. Energy Information Administration. EIA estimates that there are “vast” quantities of technically recoverable shale gas in 32 countries (besides the U.S.), which amount to nearly 5,800 trillion cubic feet, or the equivalent of 1 trillion barrels of oil—a volume roughly on par with official estimates of proven oil reserves.

Some news articles put these resources in terms of current consumption—with Obama saying U.S. holds “perhaps a century’s worth” of shale gas.

Move Over Hybrids, Electric Vehicles

Many are talking about big boosts in natural gas consumption, including oil billionaire T. Boone Pickens, who hailed natural gas as “the only resource we have in America that can replace foreign oil.” Plans to replace oil for fueling fleets of trucks may get a boost from the NAT GAS Act, recently introduced in the Senate.

Chrysler this week announced it will start selling natural-gas vehicles in the U.S. by 2017. But Honda may beat them to it. 

But is there enough of this resource? In areas with abundant shale gas, power plants are using it as a replacement for coal, reports the Centre Daily Times from the shale gas heartland of Pennsylvania. If these plans for increased natural gas consumption pan out, however, the remaining resources could be used up considerably faster than many estimates suggest.

A Little Competition

Meanwhile, efforts to boost domestic energy production may bring another potentially environmentally damaging practice to the United States, since a mining company has qualified for a permit to open the country’s first tar sands mine in Utah.

As one of the Bush administration’s parting shots in 2008, it loosened the rules on development of oil shales—which have to be heated underground to break them down and yield oil—but the Department of the Interior has now said it is ready to launch a new evaluation of the regulations. Europe, on the other hand, is taking a much dimmer view of these unconventional fossil fuels, with the European Union mulling a ban on importing oil made from tar sands, and France considering banning shale gas wells.

Climate Talks Aim at Impossible Goal

The latest round of UN climate talks wrapped up in Bangkok, with no major breakthroughs. The World Wildlife Fund said there was “little to show for the weeklong session,” although countries did agree to a roadmap for moving forward. Tosi Mpanu Mpanu, chair of the Africa Group, told Reuters: “Thank god we came up with an agenda. It’s a pity it took so long. What does it say for the rest of the year?”

China has earned new clout in climate negotiations, IPS news reports, as a result of its new five-year plan for the country. The plan is still under development, but draft versions set out large boosts for clean energy. But even with such relatively ambitious goals, it is nearly impossible to reach the goal of limiting warming to 2 degrees Celsius above the pre-industrial temperature.

Meanwhile, the U.S. Congress hashed out deals on spending, with clean energy and efficiency research relatively unscathed. However, a proposal was killed that would have added the Climate Service at the National Oceanic and Atmospheric Administration.

Like a Fish Needs a Llama

In other news, a few headlines made it hard to sort fact from fiction this week. One (apparently true) news story reported that, in the U.K., fish were transported by llama to new locales, to help them cope with climate change. And the Associated Press reported that energy giant General Electric decided to return its $3.2 billion tax refund to the U.S. Treasury. (That was a hoax, it turned out, perpetrated by the activist group The Yes Men.)

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

Obama Aims for Elusive Goal of Energy Independence

The Nicholas Institute for Environmental Policy Solutions at Duke University

On Wednesday President Obama set a goal to cut oil imports by one-third in the next decade. It’s a goal, he acknowledged, that echoes calls for energy independence from every president since Nixon. But it’s time for the country to “finally get serious about a long-term [energy] policy,” Obama said.

One of the first steps, he said, is to boost domestic oil and gas production—in line with Republicans’ “drill, baby, drill” refrain that’s called recently for expansion of offshore drilling. The country will likely hear more from the administration about this, since a White House official told reporters on Tuesday that Obama’s speech is the beginning of a new “concerted focus on energy.”

Drastically reducing oil imports would be a historic turn, since imports have been on the rise in recent months—and have risen sharply over the past 40 years, as domestic oil production has fallen since its peak in 1970. From more than a dozen countries scattered around the world, the U.S. imports about 9 million barrels per day—about two-thirds of the oil it consumes, and about one-seventh of the oil produced outside its borders.

Andrew Revkin’s Dot Earth blog has a full transcript of Obama’s speech.

Blueprint for Innovation

The administration’s 40-page “Blueprint for a Secure Energy Future” shares details of other proposed measures, including cars with better fuel efficiency, increased ethanol production, and more clean energy. It calls for boosts in efficiency—but actual cuts in total energy use are hard to come by, a new U.S. Energy Information Administration report points out, as increasing numbers of gadgets have eclipsed efficiency gains.

The blueprint also calls for building a “smart grid,” but California utility PG&E has had a rocky start with its roll-out of smart meters. Some customers have feared the meters’ radio signals would harm their health, and now PG&E will disable the radio transmitters—but those customers will have to pay for manual readings.

While Obama’s energy blueprint calls for putting many well-established technologies into place, research continues on several cutting-edge energy-related technologies. Advances were announced last week on an “artificial leaf,” which uses sunlight to split water, creating hydrogen fuel. Meanwhile, the U.S. and U.K. announced $10 million in new grants for research aimed at improving on natural leaves to boost food and biofuel production.

Meanwhile, the U.S. Department of Energy is aiming to boost innovation with a new effort, “America’s Next Top Energy Innovator,” which will reduce costs and paperwork for start-ups to license patents.

U.S. states have continued to lead the way, with California’s Assembly passing one of the world’s most aggressive renewable energy standards, calling for a third of the state’s electricity to come from renewable sources by 2020.

In general, though, the U.S. is lagging on clean energy funding, falling behind China and Germany, according to a Pew Charitable Trust report. The report pointed out global clean energy investment is on the rise, reaching $243 billion in 2010, a new record high. China has also begun using a voluntary carbon trading system called the “Panda Standard.”

Germany’s Nuclear Fallout

The fight to control nuclear power plants in Japan continued, and the country may have lost the race to save one reactor from a meltdown, the Guardian reported.

In the wake of Japan’s disaster, Germany has been the country to change policies most drastically, with the Green Party toppling the conservative Christian Democrats in a major state election, and politicians calling to permanently shut half the country’s nuclear plants. The European Union’s energy commissioner said this nuclear backlash will mean more reliance on coal.

Juicing Up Cars

Meanwhile, with oil prices remaining high—hovering well above $100 a barrel—the members of the Organization of Petroleum Exporting Countries (OPEC) are set to mark a milestone this year, said Fatih Birol, chief economist of the International Energy Agency, with oil exports bringing in more than a trillion dollars.

Despite high prices at the pump, sales of fuel-efficient cars have stalled, according to the U.S. Environmental Protection Agency. One complaint about electric cars has always been their limited range on a single charge, but Secretary of Energy Steven Chu forecast that in about five years electric cars will be able to go 300 miles on a charge.

Tesla Motors, manufacturer of an all-electric sports car, is taking U.K. auto show “Top Gear” to court over battery range. The car maker claimed the show’s negative review was libelous, alleging the part when the car’s battery ran out of juice and was pushed to a garage was faked.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

Pre-Election Maneuvering Marked by Fits of Climate Skepticism

The Nicholas Institute for Environmental Policy Solutions at Duke University

“Recent comments from top White House and congressional contenders suggest an awkward mix of outright hostility or, at best, ambivalence toward the widespread scientific consensus that humans are responsible for the warming planet,” reports Politico.

Rep. Bob Inglis (R-SC) blames his loss in the GOP primary to his public assertions that climate change is real. Only two Republican gubernatorial candidates running for election this November believe in action on climate change; both are running in states where their Democratic opponents feel the same.

In one race for the House in Virginia, a Democratic incumbent may lose his seat in part because of his vote for the House cap-and-trade bill.

Colorado’s tight race for U.S. Senate is turning into a referendum on the power of views on climate change to sway voters, at least in that state: Sen. Michael Bennet (D-Colo.) is attacking his opponent, Tea Party favorite and Republican Ken Buck, for saying climate change is a “hoax.” It’s a stance that earned a sharp rebuke from Colorado’s climate scientists (the state hosts one of the country’s premier centers for the study of climate change, the National Center for Atmospheric Research).

Despite support from some of his potential constituents — “Climate change doubt is Tea Party article of faith,” says the New York Times — Buck appears to be responding to the criticism by shifting his focus to the economy.

Green groups say they are pouring more money into this electoral season’s races than ever, especially in the fight to rescue incumbent Virginia Democratic freshman Tom Perriello, but their spending can’t match funds coming from fossil-fuel-related industries. Mother Jones says Alaska write-in candidate (and incumbent) Lisa Murkowski, in a dead heat with Tea Party favorite and Republican nominee Joe Miller, is a beneficiary of those funds.

On Tuesday, Jimmy Carter opined the Tea Party is backed by anti-green “hard-right oligarchs who want to prevent the oil companies and major corporations from having to pay their share of taxes or to comply with environmental laws.”

Which Will Characterize the Next Two Years on the Hill: Compromise or Gridlock?

Rep. Rob Bishop (R-Utah) told students at Utah State University to expect “two years of good old-fashioned gridlock” if the GOP wins the House in November, including, possibly, a shutdown of the federal government. Rep. Mike Pence (Ind.) declared there will be “no compromise” with President Barack Obama on major issues.

It’s possible energy will be spared the fate of, say, the health care bill, says Darren Samuelsohn of Politico, suggesting incentives for nuclear, clean coal and even renewables might be prime candidates for bipartisan legislation. Lindsey Graham, who once participated in the creation of the senate cap-and-trade bill, says the GOP should work with Obama on energy, perhaps in the incremental approach currently favored by the Obama administration.

The oil and gas industry is already depositing checks into the coffers of candidates likely to head influential House committees after November; the industry remains focused on emissions rules and what it contends are unrealistic expectations about the ascension of renewables.

A “technology-first” approach to tackling carbon emissions is gaining favor among think tanks.

Are We Getting Cap, but No Trade?

Stephen Spruiell at National Review argues emissions regulations issued by the U.S. Environmental Protection Agency will make emissions for certain industries expensive without letting them trade for those emissions, as they would have under cap-and-trade. He also argues it may be nearly impossible to prevent the EPA from regulating emissions in this way.

Outlets on the left agree with Spruiell and argue, more or less, “see, we told you this would happen.”

The regulations at issue include the EPA’s first-ever fuel efficiency standards for trucks and buses, which the trucking industry supports. Canada is issuing its own rules in harmony with U.S. regulations.

Emissions Regulations Will Knock Out up to 7 Percent of U.S. Generating Capacity, says Study

A huge debate has erupted over a North American Electric Reliability report arguing in a worst-case scenario, the shutdown of coal-fired power plants will, as a result of emissions regulations, significantly impact U.S. generating capacity.

In Texas, farms, cities and environmentalists say the state has insufficient water for more coal-fired plants.

And Now Some Good News …

A four-seater electric Audi with ample trunk space managed to travel 375 miles on a single charge. The non-partisan (even though so far all of its members seem to be partisan) Climate Hawk movement gained momentum.

GM just released its first ad for the Chevy Volt: “This is American, man.

Spending money on greenhouse gas mitigation efforts in developing countries could make up the shortfall in domestic commitments to existing Copenhagen pledges, says a new paper.

Nissan just fired up production for the all-electric LEAF, Tesla is about to open a factory to produce its all-electric sedan and Mazda is releasing a gasoline-powered car in Japan that gets 70 mpg.

OxFam’s new ads aim to bring immediacy to the impacts of climate change.

The U.S. government just approved the world’s largest solar thermal project — big enough to double U.S. capacity for solar thermal all by itself. We’re $100 billion away from increasing the proportion of U.S. electricity from solar to 4.3 percent by 2020.

The U.S. may have the world’s second-largest emissions of greenhouse gases, but on a map of per capita emissions it’s easy to lose the U.S. among all the countries with higher emissions, and Amazon wants to shrink their carbon footprint even further by offering greener shipping options.

… But New Challenges to a Livable Climate Continue to Arise

China’s chronic dependence on coal is still a monumental problem, reports Scientific American, and Chicago’s two coal-fired power plants cost neighboring communities $127 million in health-related expenses.

Cellulosic ethanol may be the cold fusion of biofuels, and fundamentally unsustainable, to boot, argues Grist’s Tom Philpott. Your next bottle of bioplastic might be made from plants, but in a world where cheap ethanol comes from cleared Brazilian forests, the move away from oil may not be all good.

Economists think energy efficiency might lead to more emissions, not fewer.Trees are prevented from soaking up extra atmospheric carbon by limited supplies of nitrogen, and just 1,000 spaceflights a year would warm the planet as much as the entire airline industry currently does.

Andrew Revkin, the New York Times’s lead climate commentator, reports climate change is “boring.” Perhaps that’s why the lead researcher at the Lawrence Livermore National Laboratory believes “climate change journalism has gotten worse [in recent years].”