MVCAC May 2016

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usefull info
by susan＠stonecircleinc.com 30 May '16

30 May '16

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Clean Power Plan set for DC District Court on September 27th
by Duane 17 May '16

17 May '16

Full Appeals Court to Hear President Barack Obama's Clean Power Plan From an Article by Casey Junkins, May 17, 2016, The Wheeling Intelligencer WASHINGTON (AP) - The full appeals court in Washington will hear arguments in the legal fight over President Barack Obama's plan to curtail greenhouse gas emissions, potentially accelerating the case's path to the Supreme Court. The United States Court of Appeals for the District of Columbia Circuit issued an order Monday scheduling oral arguments on the legality of the Clean Power Plan for September 27. A three-judge panel had been scheduled to hear the case June 2, but whichever side lost was considered likely to seek a review by the full appeals court. By using its discretion to skip a step, the appeals judges are potentially shaving months off the time before the case could be heard by the high court. About two dozen mostly GOP-led states sued the Environmental Protection Agency over the new carbon-cutting regulations, which aim to slow climate change by reducing power-plant emissions by one-third by 2030. More than 100 conservative advocacy groups, electric utilities and coal mining companies have also filed suit. If the Clean Power Plan were to be struck down in court, it would become more difficult for the United States to meet its goals for cutting carbon emissions under the landmark international climate treaty signed in Paris at the end of last year. The U.S. is the world's largest emitter of harmful greenhouse gases. Of the 11 active judges on the DC Circuit, Chief Judge Merrick Garland and Judge Cornelia Pillard recused themselves from hearing arguments on the Clean Power Plan. Garland, who is Obama's nominee for the Supreme Court seat vacated by the February death of Associate Justice Antonin Scalia, has been recusing himself from active cases. The court's order gave no explanation for Pillard's recusal. Even without them, the court's makeup could favor Obama. Of the nine remaining judges, five were appointed by Democratic presidents. Environmental groups cheered the court's move. "The court's order may well speed up final resolution of the case," said David Doniger, director of the Climate and Clean Air Program at the Natural Resources Defense Council. "We look forward to our day in court - and remain confident that the Clean Power Plan will prevail over efforts by polluters and their allies to block climate action." The Supreme Court voted 5-4 earlier this year to delay implementation of the plan until the legal challenges are resolved, but that vote was taken prior to Scalia's death. Republicans leaders in the U.S. Senate have promised not to vote on Garland's nomination until after a new president is elected in November, leaving the Supreme Court split 4-4 between conservatives and the more moderate and liberal justices. If a ninth justice is not appointed before the high court takes up the Clean Power Plan, then the appeals court's decision would stand in the event of a tie. Opponents of the plan reiterated Monday that the outcome of the case is still far from certain. They have portrayed the Obama Administration's move to use the Clean Air Act to regulate carbon emissions as an illegal power grab. "So much about the Clean Power Plan has defied precedent," said Scott Segal, a lawyer representing the pro-coal Electric Reliability Coordinating Council. "When it comes to the Clean Power Plan, it is best to expect the unexpected." See also: www.FrackCheckWV.net

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Group Documenting Marcellus Gas Well Leaks / Public News Service
by Duane 16 May '16

16 May '16

http://www.publicnewsservice.org/2016-05-16/climate-change-air-quality/grou… Group Documenting Marcellus Gas Well Leaks By Dan Heyman, WV Public News Service, May 16, 2016 Charleston, WV -- Armed with a specialized thermal imaging camera, a group is traveling in the West Virginia Marcellus fields this week documenting natural gas leaks and pollution. Nadia Steinzor, eastern program coordinator for Earthworks, says the environmental group bought a forward looking infrared camera (FLIR) because most gas industry leaks of methane and volatile organic compounds can't be seen with the naked eye. Steinzor says people who live down wind of leaks have a tough time getting their health issues taken seriously. "The same complaints all across the country of headaches, nausea, dizziness – and yet they've been dismissed as just anecdotal information,” she points out. “We purchased this camera in order to make invisible pollution visible." Oil and gas drillers defend their industry as much cleaner than many other kinds of energy production, and say reports of air pollution are often exaggerated. Steinzor says residents interested in having facilities near them examined can get in touch with the team via the invisible air pollution page at earthworksaction.org. Last week the Obama administration finalized the first ever rules on oil and gas industry methane leaks. The regulations aim to reduce those emissions by more than 40 percent over the next decade. Steinzor says the drilling companies will be pushed into doing a better job of dealing with the kind of leaks Earthworks is documenting. "That final rule is going to go a long way toward requiring operators to do leak detection and repair,” she stresses. “They are themselves going to have to go out and inspect their own operations and then take action." Criticism of the new methane rules has been muted. Steinzor says that's probably because estimates from the EPA and others say the regulations will end up saving the industry more money than they cost. See also: www.FrackCheckWV.net

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Lobbying Continues Unabated on EPA's Clean Power Plan
by Duane 14 May '16

14 May '16

EPA to issue carbon-trading guidance this summer The Environmental Protection Agency intends to issue guidance to states looking to trade emissions credits under the Clean Power Plan, even as the rule is on hold pending court action. Separately, congressional lobbying on the CPP continued in the first quarter, with more than 130 organizations disclosing such activity. http://www.bna.com/lobbying-continues-unabated-n57982070620/ Lobbying Continues Unabated on EPA's Clean Power Plan By Anthony Adragna, Bloomberg BNA, May 3, 2016 Near-impossible odds of legislative success and upcoming oral arguments in federal appeals court haven't deterred entities from continuing aggressive lobbying of Congress on the Environmental Protection Agency's Clean Power Plan. More than 130 entities reported lobbying on the centerpiece of President Barack Obama's domestic efforts on climate change during the first quarter of 2016, according to disclosures reviewed by Bloomberg BNA. That number is virtually unchanged from a year ago when efforts to stop the regulation were at a near-fever pitch in Congress. Lawmakers have previously passed legislation and resolutions of disapproval to overturn or block the regulation, but support was always well below the levels needed to override the stroke of Obama's veto pen. Despite that reality, many of the entities reported lobbying Congress on those same efforts during the first quarter of 2016. The continued lobbying doesn't surprise academics and other outside experts. “This is hardly surprising,” Lee Drutman, a senior fellow with New America, told Bloomberg BNA May 3. “The passage of legislation is just the first battle in the endless fight on almost every issue. There's always another venue, and another opportunity for lobbying, another chance to make your case. Especially when you have lots of paying corporate clients.” Diversity in Groups Represented As in previous reporting periods, the entities lobbying on the Clean Power Plan ranged from major public health organizations to large publicly traded companies to coal companies (139 ECR, 7/21/15). Among the companies lobbying on the centerpiece of the Obama administration's domestic efforts on climate change were Westrock Co., Alcoa Inc., Tesla Motors Inc., Xcel Energy Inc., Occidental Petroleum Co. and Siemens AG. Public health and environmental advocates, including the Sierra Club, the Natural Resources Defense Council, the American Academy of Pediatrics, the American Heart Association and the Catholic Health Association of the United States, all disclosed lobbying on the Clean Power Plan. Southern Co., Vectren Corp., Duke Energy Co., Calpine Corp., NorthWestern Energy Corp. and Entergy Corp. are among the energy interests that also said they pushed Congress on the regulation. Entities Lobbying on Issue Entities lobbying on the issue were identified through a search of lobbying records with the keywords “Clean Power Plan,”“111(d),” the number of the resolution of disapproval passed by Congress ( S.J. Res. 24) and two pieces of legislation (H.R. 2042; S. 1324) that would impede or outright kill the EPA's regulatory efforts under Section 111(d) of the Clean Air Act. After Obama vetoed both resolutions of disapproval Dec. 18, 2015, congressional aides and lawmakers said they were unlikely to try to override them. Oral arguments in a federal appeals court case challenging the regulation are slated for June 2 and possibly June 3 (West Virginia v. EPA, D.C. Cir., No. 15-1363, oral argument 6/2/16). Lobbying Interest Not Surprising Despite the shift away from Congress to the courts in the fight over the Clean Power Plan, observers said they were not surprised lobbying efforts continued. Congress remains influential in the debate surrounding the EPA rule, some said. “Whether or not litigation is the best strategy, Congress retains the ability to influence the process ... so it makes sense that industry lobbyists would continue to spend time talking to them,” Lisa Gilbert, director of Public Citizen's Congress Watch, told Bloomberg BNA. “I am slightly surprised that the amount of money spent would be exactly the same, but I’d imagine they are also spending comparable resources on every potential avenue that might influence the outcome.” Jennifer Victor, a professor of legislative politics at George Mason University, told Bloomberg BNA many of the groups lobbying on the EPA rule have the primary purpose of advocacy before Congress. Others are membership-based and may feel pressure to show they are doing something, she said. “Some pretty big shift in the political landscape would be necessary for them to curtail this kind of activity,” Victor said, such as a change in administration or the end of litigation on the Clean Power Plan. See also: www.FrackCheckWV.net

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Group Against Smog & Pollution (GASP)
by Duane Nichols 07 May '16

07 May '16

Making the Connection: Air Pollution and Brain Health Join GASP as we host Doctors Michelle Block and Jane Clougherty for our next Making the Connection event. They will speak on the effects that urban air pollution, diesel vehicle pollution, and social stressors have on brain health. The event is free and will be held Wednesday, May 11. Please click below to learn more and to register. Inspire Speakers Series Featuring Paul Hawken Paul Hawken, an environmentalist, entrepreneur, and author, comes to Pittsburgh May 19. His work includes starting ecological businesses (including some of the first natural food companies), writing about the impact of commerce on living systems, and consulting with heads of state and CEOs on economic development, industrial ecology, and environmental policy. He is the author of several best-selling books, including Natural Capitalism: Creating the Next Industrial Revolution. Mr. Hawken will be speaking on his new endeavor "Drawdown," a solutions-based approach to climate change that uses data to model how reducing atmospheric carbon benefits us all. Join him and Dr. Joylette Portlock, board member of the Allegheny County Board of Health and president of Communitopia, a Pittsburgh nonprofit focused on climate change communication. Learn more and register. CommentAiry "It remains to be seen when Pennsylvania's methane proposals will be finalized, what they will accomplish, and the degree to which operators will be held accountable for the pollution they cause." Pennsylvanians waiting for methane and VOC protection. "'...unprecedented insight into literally block-by-block air quality' in Pittsburgh." Large grant funds new air monitoring center at Carnegie Mellon University. Together, we can make a difference in our region's environment. We won't trade or sell your email address with other organizations or inundate you with messages. Visit our website at gasp-pgh.org or call us at (412) 924-0604 for more information or to become a member today. We can't do this without you! Copyright © 2016 Group Against Smog and Pollution, All rights reserved. Thanks for receiving our air news and for being engaged! Our mailing address is: Group Against Smog and Pollution 1133 South Braddock Avenue Suite 1A Edgewood, PA 15218

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Ethane increasing dramatically in Earth's atmosphere
by Duane 03 May '16

03 May '16

http://hosted.ap.org/dynamic/stories/U/US_ETHANE_POLLUTION_MTOL-?SITE=AP&SE… STUDY: US OIL FIELD SOURCE OF GLOBAL UPTICK IN AIR POLLUTION BY MICHAEL BIESECKER AND MATTHEW BROWN, ASSOCIATED PRESS, APRIL 29, 2016 WASHINGTON (AP) -- An oil and natural gas field in the western United States is largely responsible for a global uptick of the air pollutant ethane, according to a new study. The team led by researchers at the University of Michigan found that fossil fuel production at the Bakken Formation in North Dakota and Montana is emitting roughly 2 percent of the ethane detected in the Earth's atmosphere. Along with its chemical cousin methane, ethane is a hydrocarbon that is a significant component of natural gas. Once in the atmosphere, ethane reacts with sunlight to form ozone, which can trigger asthma attacks and other respiratory problems, especially in children and the elderly. Ethane pollution can also harm agricultural crops. Ozone also ranks as the third-largest contributor to human-caused global warming after carbon dioxide and methane. "We didn't expect one region to have such a global influence," said Eric Kort, lead author of the study and an assistant professor of climatic science at the University of Michigan in Ann Arbor. The study was launched after a mountaintop sensor in the European Alps began registering surprising spikes in ethane concentrations in the atmosphere starting in 2010, following decades of declines. The increase, which has continued over the last five years, was noted at the same time new horizontal drilling and hydraulic fracturing techniques were fueling a boom of oil and gas production from previously inaccessible shale rock formations in the United States. Searching for the source of the ethane, an aircraft from the National Oceanic and Atmospheric Administration in 2014 sampled air from directly overhead and downwind of drilling rigs in the Bakken region. Those measurements showed ethane emissions far higher than what was being reported to the government by oil and gas companies. The findings solve an atmospheric mystery - where that extra ethane was coming from, said Colm Sweeney, a study co-author from the Cooperative Institute for Research in Environmental Sciences at the University of Colorado in Boulder. The researchers said other U.S. oil and gas fields, especially the Eagle Ford in Texas, are also likely contributing to the global rise in ethane concentrations. Ethane gets into the air through leaks from drilling rigs, gas storage facilities and pipelines, as well as from intentional venting and gas burnoffs from extraction operations. "We need to take these regions into account because it could really be impacting air quality in a way that might matter across North America," Kort said. Helping drive the high emission levels from the Bakken has been the oil field's meteoric growth. Efforts to install and maintain equipment to capture ethane and other volatile gases before they can escape have lagged behind drilling, said North Dakota Environmental Health Chief Dave Glatt. Glatt's agency has stepped up enforcement efforts in response. Last year, the state purchased a specialized camera that can detect so-called fugitive gas emissions as they escape from uncontained oil storage tanks, leaky pipelines, processing facilities and other sources. "You're able to see what the naked eye can't and it reveals emissions sources you didn't know where there," Glatt said. "It's a game changer. A lot of the companies thought they were in good shape, and they looked through the camera and saw they weren't." Regulators at the Environmental Protection Agency were reviewing the study's results. Spokeswoman Laura Allen said Friday that new clean air rules recently announced by the Obama administration to curb climate-warming methane leaks from oil and gas drilling operations should also help address the harmful ethane emissions. There are other ways ethane gets into the atmosphere - including wildfires and natural seepage from underground gas reserves. But fossil fuel extraction is the dominant source, accounting for roughly 60 to 70 percent of global emissions, according to a 2013 study from researchers at the University of California. See also: www.FrackCheckWV.net

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MVCAC May 2016