It took less than a year for the EPA to finalize the Affordable Clean Energy rule, which will allow older coal-burning plants to continue operating, in the Trump administration's most consequential environmental rollback accomplished to date.
"The Trump administration on Wednesday replaced former President Barack Obama’s effort to reduce planet-warming pollution from [existing] coal plants with a new rule that would keep plants open longer and undercut progress on reducing carbon emissions," reports Lisa Friedman for The New York Times.
The measure represents the Trump administration’s most ambitious effort to protect coal and, along with its rollback of vehicle pollution rules and its plan to withdraw from the Paris climate agreement, ranks among its boldest moves to minimize the threat of global warming.
Both the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule that freezes fuel economy standards at the year 2020 levels and the withdrawal from the Paris accord, while announced and initiated, have yet to be finalized.
"The Trump rule largely gives states the authority to decide how far, if at all, to scale back emissions, while the Obama plan would have set national emissions limits and mandated the reconstruction of power grids to move utilities away from coal," continues Friedman. The Clean Power Plan never took effect having been suspended by the U.S. Supreme Court in February 2016 after a bipartisan coalition of 24 states sued the Environmental Protection Agency in October 2015.
By Wednesday afternoon, the new regulation, known as the Affordable Clean Energy [ACE] rule, had already prompted a flurry of challenges, with attorneys general in California, Oregon, Washington State, Iowa, Colorado and New York saying they intended to sue to block the measure.
At issue is whether the Environmental Protection Agency has authority to set national restrictions on carbon emissions and force states to move away from coal, as assumed under Mr. Obama’s rule. Under the Trump administration’s interpretation, the agency only has authority over environmental infractions at individual plants, like chemical spills and improper handling of hazardous materials.
Far-reaching political consequences of court battle
"The new rule could face an uphill battle in court," reports Anna M. Phillips for the Los Angeles Times. "The Clean Air Act obligates the federal government to regulate greenhouse gas emissions, and the Trump administration may have difficulty convincing the courts that its rule is the best way to do that."
"If the U.S. Supreme Court ultimately upholds the administration’s approach to pollution regulation, it would shut down a key avenue that future presidents could use to address climate change," notes Friedman.
“Unlike the Clean Power Plan, ACE adheres to the Clean Air Act and gives states the regulatory certainty they need to continue to reduce emissions and provide a dependable, diverse supply of electricity that all Americans can afford," said EPA Administrator Andrew Wheeler.
The rule is clearly a boon for the coal industry in the sense that federal regulation is greatly relaxed, if not essentially removed, but it still must deal with market forces, i.e., competition from natural gas and renewable energy sources such as wind and solar, which have resulted in the shuttering of more coal plants than under the Obama administration, and political efforts from environmental and public health opponents such as the recently announced Beyond Carbon campaign, launched by a $500 million donation from Bloomberg Philanthropies.
The ACE rule, which was submitted on June 19 to the Federal Register, becomes effective 60 days after it is published in the register.
Multi-media coverage
- NPR: Jeff Brady reports on All Things Considered on Wednesday afternoon.
- PBS Newscast: Juliet Eilperin, who reported with Brady Dennis on the rule finalization for The Washington Post, was interviewed on the PBS NewsHour by Amna Nawaz on Wednesday evening.
Related in Planetizen:
-
'Affordable Clean Energy Rule' Proposed to Replace Clean Power Plan, August 22, 2018
-
Coal Power Plants to Retire Faster Under Trump, May 15, 2018
-
Trump Administration to Repeal Obama's Clean Power Plan, October 9, 2017
-
Trump Targets Obama's Signature Environmental Rule, the Clean Power Plan, February 23, 2017
-
Supreme Court Puts Obama's Key Climate Initiative on 'Hold', February 10, 2016
FULL STORY: E.P.A. Finalizes Its Plan to Replace Obama-Era Climate Rules
'Affordable Clean Energy Rule' Proposed to Replace Clean Power Plan
On Tuesday, EPA released its new rule to regulate emissions from existing power plants, essentially leaving it to the states to determine appropriate emissions levels rather than setting actual standards each state has to meet like the current rule.
The Far-Reaching Consequences of Remaking the Mercury Emissions Rule
The EPA intends to review the rulemaking process behind the mercury rule, the subject of a landmark Supreme Court ruling in 2015, to place more value on a rule's compliance cost to industry and less to its beneficial impact on human health.
Making Older Coal Power Plants More Efficient Without Making Them Cleaner
At the center of the EPA's newly proposed Affordable Clean Energy rule is doing away with a permitting process known as New Source Review that requires coal power plants to add scrubbers and other expensive pollution control equipment when upgraded.
Depopulation Patterns Get Weird
A recent ranking of “declining” cities heavily features some of the most expensive cities in the country — including New York City and a half-dozen in the San Francisco Bay Area.
California Exodus: Population Drops Below 39 Million
Never mind the 40 million that demographers predicted the Golden State would reach by 2018. The state's population dipped below 39 million to 38.965 million last July, according to Census data released in March, the lowest since 2015.
Pennsylvania Mall Conversion Bill Passes House
If passed, the bill would promote the adaptive reuse of defunct commercial buildings.
Google Maps Introduces New Transit, EV Features
It will now be easier to find electric car charging stations and transit options.
Ohio Lawmakers Propose Incentivizing Housing Production
A proposed bill would take a carrot approach to stimulating housing production through a grant program that would reward cities that implement pro-housing policies.
Chicago Awarded $2M Reconnecting Communities Grant
Community advocates say the city’s plan may not do enough to reverse the negative impacts of a major expressway.
City of Costa Mesa
Licking County
Barrett Planning Group LLC
HUD's Office of Policy Development and Research
Mpact Transit + Community
HUD's Office of Policy Development and Research
City of Universal City TX
ULI Northwest Arkansas
Town of Zionsville
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
