Monthly Archives: November 2018

In the news today…

Ballot Measures:

• E&E News PM reports Montana voters have rejected ballot measure I-186 that would have effectively ended mining in the state. Polls showed 57 percent of voters went against I-186, which would have required the Montana Department of Environmental Quality to ensure that new hardrock mines have reclamation plans “sufficient to prevent the pollution of water without the need for perpetual treatment” before granting permits.

EPA:

• Washington Examiner and POLITICO Pro report the EPA took steps Wednesday morning to clarify federal regulations that have in the past made it harder for coal power plants to make efficiency upgrades without triggering environmental reviews. The change to the New Source Review permitting program has been “long-delayed” for nearly a decade, EPA said in its announcement.
• Inside EPA reports a just-filed Supreme Court petition could provide a vehicle for the justices to set a new standard on the Clean Water Act’s (CWA) scope or even strike down a notoriously vague provision that governs federal jurisdiction under the law, which could end a “thicket” of litigation on the issue and short-circuit EPA’s rule to clarify the law’s reach.

Coal:

• E&E Daily reports soon to be the Senate’s last staunchly pro-coal Democrat after North Dakota Sen. Heidi Heitkamp’s defeat, Joe Manchin turned miners’ union support and energy industry donations into a narrow win over Republican state Attorney General Patrick Morrisey, who made a career of opposing regulations that could hurt mining and burning coal.

Infrastructure:

• E&E News PM reports President Trump’s much-touted $1 trillion infrastructure plan failed to clear Congress last year, but next year could be different. Since the midterm election results started coming in, leaders of both parties have signaled they are ready to work together on infrastructure.

In the news today…

Midterm Elections:

• Democrats picked up the House, winning at least 26 seats after needing a net gain of 23 for control — and Republicans expanded their grip on the Senate, flipping Democratic seats in North Dakota, Indiana and Missouri. And in the states, Democrats flipped seven governors’ seats, including key races in Wisconsin and Kansas. But Republicans managed to hold on in Florida and Ohio, prime battlegrounds for 2020. The Hill, POLITICO, NPR, among other outlets offer key takeaways on the results.
•  Axios and Inside EPA report the House takeover by the Democrats will bring intense new congressional oversight of President Trump’s moves on energy and climate change.

Ballot Measures:

• E&E Daily reports a number of high-profile energy and environment ballot measures failed yesterday, including one to protect salmon in Alaska and a landmark carbon tax proposal in Washington state. Three state ballot initiatives including Montana’s I-186 were not called as of this morning.
•  The Washington Post reports efforts to nudge the nation away from burning fossil fuels and toward harnessing renewable source of energy were rejected by voters Tuesday across a swath of resource-rich states in the western U.S.

Mining:

• Roll Call reports three Republican members of the Senate Armed Services Committee contend that a case now before the Supreme Court could undermine federal policy about uranium and other assets that are critical to national security and defense. The court will decide the case before the end of the term at the end of June.

In the news today…

FERC:

• Utility Dive reports FERC Chairman Neil Chatterjee filed comments last week criticizing the Obama administration’s proposed carbon regulations (CPP) for the power sector and praising the White House’s plan (ACE) to replace them with a less stringent rule.

Energy:

• E&E Energywire reports attorney general races could change the legal landscape on climate regulation, pipeline oversight, and energy development.

Election:

• The Atlantic reports that a Washington state ballot measure creating a carbon fee could reshape climate politics in the state and beyond.

In the news today…

EPA:

• Inside EPA reports the mining and pesticide industries, along with state regulators, are backing a Trump administration proposed rule seeking to streamline EPA and other agencies’ consultations with federal wildlife agencies on risks to listed species, with industry seeking greater involvement in reviews, though environmentalists are threatening to sue to block the changes. NMA’s comments are highlighted.
• Inside EPA reports EPA and other Trump administration officials are stepping up their efforts to secure more “Good Samaritan” voluntary cleanups at abandoned mine sites that have been difficult to advance because of strict legal liability that often dissuades such voluntary parties from signing up to remediate the sites.
• The Hill reports the EPA plans to implement an “accelerated” process for deciding whether to further restrict allowable ground-level ozone pollution limits. In a draft plan released Friday, the EPA explained that in order to meet the legally required deadline of late 2020 to make a final decision on ozone, it has found some ways to speed up the review process.

ACE:

• Argus provides coverage on comments submitted in response to the EPA’s Affordable Clean Energy rule.

Coal:

• Utility Dive reports the U.S. will retire 15.4 GW of coal capacity this year, the Institute for Energy Economics and Financial Analysis (IEEFA) reported, “easily” exceeding the previous record of 14.7 GW of coal shutdowns in 2015.
• Charleston Gazette-Mail reports a group funded by coal giant Murray Energy has lost its latest court battle to block construction of new natural gas power plants in West Virginia.
• AP reports Northern Indiana Public Service Co. is planning to phase out its coal power units by gradually embracing renewable energy sources.

Ballot Measures:

• E&E Daily reports people in 37 states will decide on 155 state ballot measures, according to the website Ballotpedia. Energy is a standout theme, with six measures in six states related to fossil fuels and promoting renewable energy generation.

In the news today…

EPA:

• Inside EPA reports the comment period on the EPA’s proposed Affordable Clean Energy (ACE) rule ended on Wednesday night and a final rule from the EPA is expected later this year. Hal Quinn is quoted.
• E&E Energywire reports President Trump’s proposed Clean Power Plan replacement “wouldn’t stand a chance in court”, a coalition of attorneys general wrote this week. The chief legal officers of 19 states, all Democrats, on Wednesday laid out a detailed challenge of the Trump administration’s efforts to curb carbon dioxide emissions.
• Inside EPA reports National Bituminous Coal Group (NBCG), a coal industry coalition is warning EPA that it must scrap its Clean Air Act section 112 mercury and air toxics standards (MATS) for power plants before it can lawfully finalize its proposed section 111(d) Affordable Clean Energy (ACE) utility greenhouse gas rule, saying the air law prohibits regulation of utilities under both sections.

Coal:

• S&P Global Platts reports NERC has warned that an accelerated retirement of coal-fired and nuclear power plants over the next several years could lead to power outages, temporary shortfalls in surplus generation and transmission problems in several regions. As a result, grid operators may need to rely more heavily on special contracts that pay generators to remain online until those risks are abated.
• E&E Greenwire reports the Trump administration has put a request for mining 5 million tons of North Dakota coal on a fast track that has coal companies cheering and environmentalists contemplating legal action.
• Associated Press reports he Navajo Transitional Energy Company said it’s now considering ownership of the Navajo Generating Station at the invitation of the tribe. Clark Moseley, the company’s chief executive, said he expects to have a plan for the 2,250-megawatt plant in place by the end of the year.

Minerals:

• E&E News PM reports Minnesota regulators Thursday awarded a series of permits to PolyMet Mining Inc. 14 years after it proposed a major open-pit copper-nickel mine in northeastern Minnesota.
• Reuters carries a column from Andy Home, in which he writes about our weakened industrial base and over reliance on imports of raw materials like metals.

Energy:

• Axios reports leading officials of the world’s biggest countries, fossil-fuel companies and finance banks are meeting later this month in Scotland for one of the largest-ever summits on technology capturing carbon dioxide emissions.
• Real Clear Energy carries a piece from David Holt, president of the Consumer Energy Alliance (CEA), in which he writes that improved regulatory policies and initiatives, improved technology and billions of dollars in investment has helped America continue its role as a world leader in energy conservation.