November 2008

In case there was any doubt after the recent watershed election, the times they are a-changin’. The U.S. Environmental Protection Agency (“EPA”) Environmental Appeals Board’s (“EAB”) recent ruling, In Re Deseret Power Electric Cooperative, could pave the way for EPA-imposed CO2 emissions limits on power plants and other significant sources of CO2 emissions. In response to a lawsuit filed by the Sierra Club over the EPA’s issuance of a permit authorizing the construction of a new coal generating unit near Bonanza, Utah, the EAB has ruled that the EPA must consider CO2 emissions when determining whether to issue permits for new power plants. Continue Reading A Change in Direction: EPA Must Consider CO2 Emissions When Issuing Permits for New Power Plants

In a move that could have a significant impact on the energy sector (and create a buzz among political science departments) nationwide, Representative Henry Waxman (D-CA) has dethroned Representative John Dingell (D-MI) in his nearly 28-year post as chairman of the influential Committee on Energy and Commerce. The 137-122 secret vote has shaken up the…

In a decision of great importance to the wind energy industry, the Washington State Supreme Court this morning upheld the approval of Horizon Wind Energy’s Kittitas Valley Wind Power Project.  See Residents Opposed to Kittitas Turbines  v State Energy Facility Site Evaluation Council (EFSEC).   The wind project will be located to the east and…

Those who follow the ocean energy industry are confronted with a fascinating array of technologies, ranging from articulated "sea snakes" to anchored buoys that exploit oscillating water columns to underwater turbines and other cutting edge technologies.  Ocean energy offers enormous possibilities, with the World Energy Council estimating that waves alone (to say nothing of tides, currents or…

Governor Schwarzenegger’s been keeping busy on California’s big-ticket environmental issues. Yesterday the Governor’s office issued Executive Order S-14-08, with the laudable goal of accelerating the development of renewable energy resources . . . not to mention bolstering California’s economy with clean-tech jobs. Governor Schwarzenegger announced the Order at what will be the largest solar panel manufacturing facility in North America. The Governor’s remarks on his Executive Order highlighted that investing in renewable energy projects will help us fight climate change, “while driving the state’s green economy.”

Executive Order S-14-08 calls for California to get 33% of our electric energy from renewable sources by 2020. The current Renewable Portfolio Standard (RPS), instituted in SB 107 in 2006, requires that 20% of California’s power come from renewable sources by 2010. Unlike the current RPS, the Governor’s new target applies to both investor-owned utilities and public utilities.  A recent ballot initiative in California, which would have applied California’s RPS to public utilities, failed on November 7th, after being opposed by a broad coalition of environmental groups and renewable energy industry groups.  The Governor says he will propose legislation that will codify the 33% RPS for all retail sellers of electricity.

The Order also implements an MOU signed yesterday by the California Energy Commission (CEC), the California Department of Fish and Game (DFG), the U.S. Bureau of Land Management (BLM), and U.S. Fish and Wildlife Service.

Starting in February 2009, renewable energy projects should enjoy a streamlined project approval process before a special joint unit of DFG and CEC. But exactly how will these two agencies “immediately create,” as the Order directs, a one-stop process for permitting renewable energy generation power plants? For thermal power plants over 50 MW, including geothermal and solar thermal facilities, the CEC already is, supposedly, the one-stop shop. Continue Reading Governor Schwarzenegger Strikes Again: 33% RPS by 2020 and Streamlined Renewable Energy Permitting in California

California has not been afraid to jump off the deep end when it comes to tackling some of the biggest environmental concerns of our era. With the 2006 Global Warming Solutions Act, otherwise known as AB 32, California was the first state to institute mandatory greenhouse gas emissions reductions. And Governor Arnold Schwarzeneggar has been right there with the Legislature. While AB 32 mandates a reduction in greenhouse gas emissions to 1990 levels by 2020, in 2005 the Governor called for even further reductions: 80% below 1990 levels by 2050. 

California is going full steam ahead with AB 32, and also SB 375, which implements a variety of land use and planning requirements and incentives to encourage urban development, decrease vehicle miles traveled, and ultimately reduce greenhouse gas emissions.  Meanwhile, Governor Schwarzeneggar is also planning for the worst case scenario. Executive Order S-13-08, released on October 14, 2008, addresses planning for the probable effects of climate change. The Executive Order makes the case that “the longer that California delays planning and adapting to sea level rise the more expensive and difficult adaptation will be.” This may sound like commonsense, but it’s also demonstrated by the numbers. As the Order points out, “billions of dollars in state funding for infrastructure and resource management projects are currently being encumbered in areas that are potentially vulnerable to future sea level rise.”

The Order tasks a conglomeration of state agencies with coordinating the preparation of a Sea Level Rise Assessment Report by December 2010. In the interim, all state agencies planning construction projects in vulnerable areas have to consider “a range of sea level rise scenarios for 2050 to 2100.” The vulnerability of a project must be assessed, and the agency must reduce risks and increase resiliency to sea level rise to the extent feasible. An agency is off the hook for this additional analysis if it has already issued a Notice of Preparation for an environmental impact report under the California Environmental Quality Act, or a project is programmed for construction funding in the next five years. 

The requirements of the Order do not bleed over into private development, but one has to wonder . . . will this additional level of analysis next be shifted to the private developer who proposes a project in a vulnerable coastal area? This would mean another layer of data to incorporate into a project’s environmental review, including information on local uplift and subsidence, coastal erosion rates, predicted higher high water levels, and storm surge and storm wave data. What would it take to reduce the risks associated with sea level rise for a project your company would like to undertake on the coast? How would you increase the project’s “resiliency” to sea level rise? We can’t put everything in the coastal zone on stilts, but what could be required of an individual project?

 

I know I’ll be looking for notice of the public workshop on the Sea Level Rise Assessment Report that has to take place before the end of next March.Continue Reading California’s Green Governor To the Rescue?

On October 28, 2008, the Ohio Power Siting Board adopted rules implementing certification requirements for wind generating facilities in the state.  The full text of the opinion and order approving the rules identifies the procedural background followed by the PSB and highlights comments received from all interested parties (including utilities, citizen groups, and AWEA).  The The rules…

Earlier this week, I attended Climate Solutions’ Business Briefing on the Governor’s Proposed Climate Change Policy. Hosted by Gerding Edlen, the briefing offered a snapshot of the Governor’s legislative agenda for 2009 and beyond, and gave the sustainable business community the opportunity to offer feedback on what needs to happen to move the plans forward.

The Governor’s Climate Change Agenda (the “Agenda”) covers four major areas: greenhouse gas (“GHG”) reductions, renewable energy, sustainable transportation, and energy efficiency. Some highlights follow.Continue Reading Governor Kulongoski’s Climate Change Agenda Unveiled