Business Groups Challenge Greenhouse Gas Regulation

Joseph P. Koncelik has a great blog entry about a challenge by several large business organizations, including the National Association of Manufacturers, to the application of all of EPA's GHG regulations other than the automobile tailpipe rules limiting GHG emissions from vehicles. This is not a direct attack on the Tailoring Rule, but a broader effort to stay the effect of all other GHG rules. As he explains it,

Business groups had no alternative but to seek a stay given the ramifications of EPA embarking on this regulatory path. Typically, you would ask to stay the effectiveness of a specific rule. However, delaying the legal effectiveness of the Tailoring Rule would arguably subject all businesses to the ridiculously low permitting thresholds 100/250 tons in the Clean Air Act.

As result, business group are challenge the very premise the EPA had to enact the Tailoring Rule because otherwise the 100/250 ton thresholds would take effect after enactment of the vehicle tailpipe rule.

This type of lawsuit, and similar challenges to EPA's Endangerment Finding (that CO2 presents a danger) and Tailoring Rule (explaining how EPA will regulate GHGs), as well as environmentalists' challenge to EPA's decision to ignore the 100/250 ton threshold for regulation of GHGs that would otherwise be required by the Clean Air Act, are all pending before courts. Some of them will likely rule one way or the other on stay requests before the end of the year, before the Tailoring Rule goes into effect.

National Mining Association Sues EPA Over Water Guidance

The National Mining Association filed suit in federal district court in Washington over the June, 2009 and April, 2010 guidance on the application of water quality standards to Appalachian coal mining. I have not seen the complaint, which seeks injunctive relief preventing EPA from enforcing the guidance, but there is a report from Amena Saiyid at Platts here that provides more information about the lawsuit.

DEP and Marshall Sponsor Sustainable Schools Summit

Marshall University, in partnership with the West Virginia Department of Environmental Protection, will present the 2010 Sustainable Schools West Virginia Summit April 10-11, 2011.

The previously scheduled summit was moved due to scheduling conflicts.

The free event is designed to bring together educational leaders in elementary, secondary and higher education – both public and private – to discuss the important roles schools, colleges and universities have in creating sustainable campuses across West Virginia. The summit will take place on Marshall’s Huntington campus and is open to public and private higher education, as well as public and private K-12 schools.

Online registration is available at

http://apps.dep.wv.gov/registration. An agenda is also available at this site.

The summit is presented in concert and partnership with the WVDEP, Marshall University’s Sustainability Department, State Electric Supply Company, and ZMM, Inc.

For information, contact MU Sustainability Manager Margie Phillips at philli10@marshall.edu or 304-696-2992.

Internal Combustion Engines Here to Stay

In our race to the future of all electric vehicles, we sometimes forget that the internal combustion engine is going to be with us a long time. For many years to come, the primary effort will be to wring more power out of a gallon of fuel, rather than convert wholesale to electric vehicles. That's why diesel is likely to make a comeback, because of greater fuel efficiency and new standards that make them less smelly and more environmentally friendly. Marry a diesel to a hybrid, as Peugeot is doing, and you have quite a car. The same can be said about a new version of an old idea, the opposable cylinder engine concept, which has received fresh attention from venture capitalists, including Bill Gates, as it overcomes some of its two-stroke problems.

On the other hand, some new, brilliant ideas have to be shelved when they just turn out to be impractical. Say goodbye to the compressed air car, which could never overcome its efficiency problems, or difficulties with low temperature exhaust.

WVMA Comments on Boiler Rule MACT

The West Virginia Manufacturers Association filed comments on the EPA's proposed boiler MACT, which can be seen here. The WVMA was lending its voice to the many trade associations and companies that are concerned about EPA's proposal to impose new restrictions on hazardous air pollutants emitted by industrial boilers. Industrial plants have large boilers that are used to heat chemical processes, provide power, and otherwise make products. Such emissions are subject to Maximum Achievable Control Technology, which is a Clean Air Act term that specifies the type of pollution control that is required. More about MACT can be found here.

Thanks to Anne Blankenship, who drafted the letter and forwarded it to me.

Obama Administration Opposes Nuisance Suit Against Utilities

The Obama Administration has joined sides with those opposing a lawsuit by several states and NGOs seeking to enjoin Eastern coal-fired power plants from operation under a nuisance theory. The Tennessee Valley Authority, a federal agency, is one of the coal-burning entities under attack, and the Justice Department filed a brief on its behalf asking the Supreme Court to review a decision by the Second Circuit that allows the suit to proceed. The Administration argues that it has regulated greenhouse gases, leaving no room for nuisance actions by private entities. The Washington Post story is here, while the Natural Resources Defense Council blog expressing umbrage at the Administration is here.

There have been a number of lawsuits by entities (Inuit villages, states, coastal communities) seeking damages from corporations they believe are harming them by contributing to global warming. Global warming and, more importantly, its alleged harmful effects, are gospel among true believers, but it would be interesting to see whether the science holds up if it is subjected to the sort of scrutiny that would occur in a court of law.

WV DEP Expands Environmental Advocate Office

I question whether increasing the size of the Office of the Environmental Advocate is the best use of taxpayer dollars, as opposed to hiring more inspectors, but here we go:

The Department of Environmental Protection has expanded its Office of the Environmental Advocate with the addition of two staff members.

“I wanted to expand the office because the citizens of West Virginia have an increased interest and awareness of environmental issues and we want to be responsive to their need for information and involvement,” said DEP Cabinet Secretary Randy C. Huffman.

Dennis Stottlemyer and John King joined the staff Sept. 1, and will assist Pam Nixon, who has been the sole environmental advocate since she joined the agency in November 1998. The Office of the Environmental Advocate has been in existence since the establishment of the DEP in 1992. This is the first time in the office’s 18 years of operation that is has been expanded.

Stottlemyer will be located in the Charleston office and King will work out of the Fairmont office. Huffman said their role will be to interact with individual citizens in the state, as well as work with community organizations and citizen’s groups

“Their main focus will be to close the gap between the agency and the citizens of the state,” Huffman said.

Stottlemyer is a 1995 graduate of West Virginia University, with a bachelor’s of science degree in environmental protection. Prior to being selected for this position, he was mitigation coordinator for the DEP’s Division of Mining and Reclamation. He also served as an executive assistant to the cabinet secretary for the DEP and was an environmental consultant prior to joining the agency. He is a member of the Davis Creek and Coal River watershed associations.

King earned a bachelor’s degree in criminal justice in 2002, and a master’s degree in physical science in 2007 from Marshall University. His experience includes being an inspector with the DEP’s Division of Water and Waste Management, and a regional coordinator for the Youth Environmental Program. He is also a member of the DEP’s dive team, and a founding member of the Morris Creek Watershed Association.

“This addition will allow DEP to reach more of its citizens,” Nixon said. “When it was just me, no matter how hard I tried, I was never able to address everyone’s concerns and issues. Now, DEP will be better able to meet with and communicate with more of West Virginia’s citizens.”

To reach the Office of the Environmental Advocate, call 800-
654-5227 or 304-926-0441. To reach Nixon email:
Pamela.Nixon@wv.gov. Stottlemyer can be reached at:
Dennis.O.Stottlemyer@wv.gov; and King at:
John.M.S.King@wv.gov.