Gone with the Wind: IRS can’t measure effectiveness of $14 billion dollars in green energy subsidies

July 21, 2015 by michael · Comments Off
Filed under: New Energy Economy, preferred energy, renewable energy, solar energy, wind energy 

A recent report from the Government Accountability Office (GAO) reveals that IRS tax subsidies to green energy operators have resulted in $15.1 billion in foregone revenue to the federal government, $13.7 billion of which was lost to renewable energy projects.

The GAO has sounded its concern that Congress cannot evaluate the effectiveness of Investment Tax Credit (ITC) or Production Tax Credit (PTC) programs funded by this money. Evaluation becomes difficult when “the total generating capacity [the projects] supported is unknown because the Internal Revenue Service (IRS) is not required to collect project level data from all taxpayers claiming the ITC or report the data it does collect, nor is it required to collect project-level data for the PTC.” So, as of now, any decisions made by Congress regarding the extension of the ITC or PTC are based on rough estimates, an environmental moral compass, or just how a representative is feeling that particular day.

What data has been reported suggests a certain government addiction to renewable energy subsides. From 2004 to 2013, around 2,000 renewable energy projects were built adding 69,000MW of generating capacity. This number, however, is dwarfed by the 157,000MW of generating capacity added by just the 500 traditional utility scale electricity generation projects built during the same time. For a tenth of the cost of renewable projects, traditional energy projects were able to generate more than double the energy.

In addition to green energy subsides, most states have implemented some form of a renewable portfolio standard (RPS) that requires a certain percentage of the electricity coming from retail service providers must be obtained from renewable sources. This artificial increase in demand along with subsides may be giving renewables like solar and wind a better chance than the technology in its current state deserves.

The GAO concludes that eliminating the ITC/PTC will almost certainly decrease the number of new renewable energy projects. Without these tax subsides green energy developer’s returns would decline and a rise in prices to compensate for the withdrawal of federal support would turn renewable energy into a luxury item.

Gina Larson is a Future Leaders intern and is currently a student at American University, majoring in International Relations.

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July 16 Colorado Energy Roundup: Sec. Jewell adds Colowyo Mine visit; renewable energy mandate upheld

July 16, 2015 by michael · Comments Off
Filed under: CDPHE, Environmental Protection Agency, Legal, preferred energy, renewable energy 

A week after the Department of the Interior declined to move forward with an appeal in the Colowyo Mine case, and facing mounting pressure to visit the northwest portion of Colorado during a scheduled trip to Aspen, Sec. Sally Jewell appears to have conceded to a meeting with county commissioners:

Moffat County Commissioner John Kinkaid said Wednesday that Jewell has added a meeting with northwest Colorado county commissioners to her itinerary Friday following her speech at the Aspen Institute.

“We look forward to meeting Secretary Jewell this Friday evening,” Kinkaid said. “I hope that she will be able to give us some assurances that our miners can keep working.”

He said he expected the meeting to include commissioners from Moffat and Rio Blanco counties, whose communities would bear the brunt of a mine closure. The meeting will take place in Glenwood Springs.

Jewell had come under pressure to visit the area after it was announced that she would deliver remarks Friday at the Aspen Institute, about a three-hour drive from Craig, where residents are alarmed about the future of the mine.

We’ll keep you posted on developments of the planned meeting.

***

Colorado’s preferred energy renewable mandate was upheld this week:

The mandate, which voters passed in 2004 and expanded in 2010, was challenged by the free-market advocacy group Energy and Environment Legal Institute. The group argued that the renewable energy requirements violate the U.S. Constitution.

The lawsuit claimed that the requirement that large utilities such as Xcel Energy get 20 percent of their electricity from renewable sources violates constitutional protections for interstate commerce.

The plaintiffs argued that because electricity can go anywhere on the grid and come from anywhere on the grid, Colorado mandate illegally harms out-of-state companies.

The 10th Circuit Court of Appeals in Denver disagreed. The three-judge panel ruled that the mandate does not wrongly burden out-of-state coal producers. The judges also pointed out that Colorado voters approved the mandate.

The full text of the ruling can be found here.

***

For those who do not think increased energy costs–whether from increased cost of supply of fuel, onerous regulations, or government picking (more expensive) energy winners–affect lower and middle income families in Colorado, a new examination of the state’s Low-Income Energy Assistance Program (LEAP) reveals how devastating even modest price increases in energy can be:

About 430,000 households in Colorado — 22 percent of all households — are eligible for federal energy assistance.

These households have incomes below 150 percent of the federal poverty level, or about $36,372 for a family of four.

About 13 percent of Colorado households are below the federal poverty line of $24,250 for a family of four.

The federal Low-Income Energy Assistance Program, or LEAP, administered by local agencies, provided $47 million for heating bills during the 2014-15 season.

The article laments that program has a low reach at the present time, with only 19 percent of those eligible receiving outreach.

But the article’s lede is buried–even small, incremental increases have a large and outsized effect on low-income folks given the portion of income they spend on energy:

Xcel, the state’s largest electricity utility, calculates monthly payments based on 3 percent of a household’s income.

Average households pay 2 percent to 3 percent for energy, compared with low-income households, which often pay as much as 50 percent.

“That leaves very little for food, clothing, medicine,” said Pat Boland, Xcel’s manager of customer policy and assistance.

“Once we get them in the door, we want to keep them in the door,” Boland said in a presentation.

According to the article, Black Hills reaches only 10 percent of those eligible within its system. It pays for the assistance by charging other ratepayers, and is considering a rate hike to cover the program, which is currently losing money. That hike, along with three other rate increases since 2008, make Black Hills among the most expensive electricity providers in the state, the Post article said.

***

Despite a quiet 2015, fracking is still maintaining a low boil on the backburner of the state’s energy debate, and there is every indication that it won’t be simmering any time soon, and Democratic Rep. Jared Polis told the Associated Press that options remain:

Polis said fracking could be on the 2016 ballot if state officials don’t further regulate the industry. He stopped short of saying whether he would organize the effort, but he wants lawmakers and regulators to adopt three proposals that weren’t formally recommended by the task force.

One would let local governments impose stricter rules than the Colorado Oil and Gas Conservation Commission, charged with regulating drilling statewide. Another would change the commission’s role from facilitating oil and gas development to simply regulating it. The third would set up a panel to resolve disputes between energy companies and local governments or property owners before they land in court.

It remains to be seen whether or not activists, with or without Polis’s sponsorship, pursue a strategy like they did in 2013, targeting friendly and even tossup municipalities with fracking bans and moratoria, or wait for statewide opportunities in the 2016 Presidential election cycle.

***

The Bureau of Land Management has closed off nearly 100,000 acres of federal land from future leasing:

The Bureau of Land Management rejected all 19 protests from conservation groups, the oil and gas industry and other interests in approving a new resource management plan for the Colorado River Valley Field Office.

The Colorado River Valley Field Office, in Silt, manages more than 500,000 acres of land and more than 700,000 acres of subsurface federal minerals in Garfield, Mesa, Rio Blanco, Pitkin, Eagle and Routt counties. The agency says the majority of the 147,500 acres with high potential for oil and gas production under the office’s jurisdiction are already leased and will continue producing under the plan.

The plan closes 98,100 acres for future leasing, including in the Garfield Creek State Wildlife Area near New Castle, areas managed for wilderness characteristics, areas of critical environmental concern, municipalities and designated recreation areas.

***

In addition to the endangered Colowyo Mine, another Colorado mine with 150 employees faces environmental review and possible closure:

A second Craig-area coal mine apparently also will have to undergo a remedial federal environmental review process if it hopes to avoid a shutdown based on a recent court order.

The Trapper Mine near Craig is now looking at going through the same kind of review currently underway in the case of the Colowyo Mine between Craig and Meeker following a federal judge’s ruling in May.

U.S. District Court Judge R. Brooke Jackson, in a suit brought by WildEarth Guardians, found that the federal Office of Surface Mining Reclamation and Enforcement illegally approved expansions of the two mines because it failed to provide public notice of the decisions and account for the environmental impacts.

The Trapper Mine faces discrepancies over permitted areas and coverage under filings with Judge Jackson, who did not impose a similar ruling as that issued for the Colowyo Mine.

In a notice filed last week to alert the court about the new information, the Trapper attorneys said they support doing remedial environmental analysis involving the Trapper Mine after the Colowyo review is done.

Bob Postle, manager of the program support division for the OSMRE’s western region, said the notice has “just been filed, and we’re now working through how we’re going to address it.”

Given the discrepancies, it isn’t clear at this moment whether a new or remedial environmental review is necessary, according to Trapper’s legal counsel.

***

In a meeting with Republican Senator Cory Gardner, western slope businesses and entrepreneurs described facing onerous regulatory burdens imposed by DC bureaucrats:

A Moffat County sheepherder, Delta hardware shop owner and Grand Junction manufacturer all walked into a meeting Friday with U.S. Sen. Cory Gardner, R-Colo., each with much the same punchline in mind.

The common theme: The federal government is reaching too far into their businesses, discouraging them from seeking out new ways of doing business and growing.

Constraining regulations have “taken the creativity out of business,” Jim Kendrick, owner of Delta Hardware, told Gardner. “The move is to make us all do business the same way. That’s stifling growth.”

Gardner met with two dozen western Colorado business and economic leaders at Colorado Mesa University in hopes of finding ways to improve the state’s sputtering rural economy.

“I spend all my time on regulatory compliance and none of it on product development,” one Department of Defense contractor said. That would result in pushing more business to bigger vendors able to hurdle all of the regulatory red tape due to a larger staff.

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July 9 Colorado Energy Roundup: government won’t appeal in Colowyo case, true costs of wind energy revealed

Perhaps the most pressing energy and jobs-related issue in Colorado right now is the legal battle over the Colowyo Mine in the northwest part of the state:

The U.S. Department of the Interior has decided not to pursue an appeal of a federal court ruling that threatened to close Colowyo coal mine in Northwest Colorado.

According to a statement from Department of the Interior spokeswoman Jessica Kershaw, “We are not appealing the court’s decision, but are on track to address the deficiencies in the Colowyo permit within the 120-day period.”

“We are disappointed that the government did not appeal the federal district court’s decision. Colowyo Mine remains confident that the U.S. Department of Interior and Office of Surface Mining are making every effort to complete the required environmental review within the 120-day period ordered by the court,” Tri-State’s Senior Manager of Corporate Communications and Public Affiars Lee Boughey wrote in an email. “These efforts help ensure compliance with the judge’s order while supporting the 220 employees of Colowyo Mine and communities across northwest Colorado.”

The legal decision in May that tripped off the permitting kerfuffle that endangers the operation of the Colowyo Mine stemmed from a lawsuit brought by WildEarth Guardians that the mine’s 2007 permit did not follow the Office of Surface Mining Reclamation and Enforcement requirements as well as National Environmental Policy Act rules.

Bipartisan efforts have poured in from across Colorado, as politicians, the business community, and legal experts recognize the importance and high stakes involved in the threat to the mine from a procedural and regulatory environment standpoint:

Gov. John Hickenlooper, U.S. Senators Cory Gardner and Michael Bennet, and [Rep. Scott] Tipton all joined Craig City Council and Moffat County Commissioners in addressing Jewell regarding the situation at Colowyo.

On July 2, the Denver Metro Chamber of Commerce, the Metro Denver Economic Development Corporation, the Colorado Competitive Council and the Colorado Energy Coalition sent a co-authored letter to Jewell voicing their concerns.

According to the letter, “this precedent could pose a threat to any activity on federal lands that performed an environmental analysis under the National Environmental Policy Act in order to obtain federal leases and permits. That could stretch from energy development and mining, to agricultural grazing and ski resorts becoming vulnerable to retroactive legal challenges.”

Tri-State’s Boughey noted that the government’s appeal isn’t necessary, however:

The ColoWyo appeal isn’t dependent on any other party’s decision to appeal or not appeal Jackson’s decision, Boughey said.

“We believe the court made several significant errors, including misreading the Surface Mining Control and Reclamation Act. This prejudices not only Colowyo but other mining operations, and sets a precedent that should raise concerns for the U.S. energy industry and other activities on federal land,” he said.

In essence, Tri-State and ColoWyo officials don’t think the federal Office of Surface Mining should be looking at power plant operations.

“The court’s requirement that the agency analyze emissions from power plants inappropriately expands National Environmental Policy Act analyses for mining plans beyond what is prescribed under the law,” Boughey said.

The Independence Institute will continue to monitor the developments in the Colowyo legal battle.

***

Meanwhile, the WildEarth Guardians continue their crusade against all natural resource extraction, as the Denver Post’s Vincent Carroll recently illustrated:

Jeremy Nichols may not be the official stand-up comic of green activism, but he seems to be auditioning for the role. How else to explain his risible claim in a recent Denver Post report on the struggling economy in northwest Colorado that WildEarth Guardians isn’t trying to shut down the Colowyo coal mine and throw 220 people out of work?

“We want to have an honest discussion about the impact of coal and find a way to come together to figure out the next step,” Nichols, the group’s spokesman, maintained.

Why, of course. A group militantly opposed to fossil-fuel production files a lawsuit challenging the validity of a coal mine plan approved years ago — but does so only to provoke an “honest discussion.” Please.

WildEarth Guardians is opposed to all fossil-fuel extraction in the West, and makes no bones about it. In the winter 2013-14 edition of Wild Heart, Nichols outlined the group’s position on those other big fossil fuels, oil and natural gas.

“As communities in Colorado and elsewhere have learned well,” Nichols wrote, “it’s not enough to make oil and gas development cleaner or safer. For the sake of our health, our quality of life, and our future, it simply has to be stopped.”

“In some cases,” Nichols explained, “we can stop it cold … . In other cases, we can raise the cost of drilling to make it economically infeasible.”

The Colowyo Mine is still operating for now, but WildEarth’s apparent regulatory sabotage certainly seems consistent with its efforts to “stop it cold” when it comes to natural resources. Not to mention throwing 220 people out of work and disrupting the economy of an entire region.

Some “honest discussion.”

***

The price of a barrel of oil began to decline sharply in late 2014, prompting fears that the crashing crude market would tank the nation’s nascent energy resurgence, but despite falling numbers, 2015 still looks to be a year of production highs:

The amount of crude oil produced across the United States fell in May compared to April — but federal forecasters say 2015’s overall production is still “on track” to be the highest in 45 years.

The Energy Information Administration (EIA) on Tuesday released its monthly short-term energy outlook, noting that crude oil production fell in May by about 50,000 barrels of oil per day compared with April.

In Colorado, oil production from the Niobrara field north of Denver, part of the larger Denver-Julesburg Basin, is expected to drop about 17,000 barrels per day in July compared to June, the EIA said.

The number of drilling rigs running in the state has dropped from 72 at the start of 2015 to 39 at the end of June as oil and gas companies have cut back on spending.

But, as we know from basic economics about supply and demand, lower oil prices mean lower gas prices, and that is driving demand back up to pre-recession levels:

But the on the consumer side, a better economy and low gasoline prices are expected to boost the amount of gasoline used in the U.S. by an estimated 170,000 barrels per day over 2014, the report said.

“U.S. gasoline demand will likely top 9 million barrels per day this year for the first time since 2007, which reflects record highway travel,” Sieminski said.

***

There’s no doubt that readers of the Independence Institute’s Energy Policy Center blog and op-eds are familiar with the argument that electricity derived from wind energy is more costly than other forms of generation–namely coal and natural gas–when one accounts for the massive amount of Federal subsidies, incentives, and state and local renewable mandates and other handouts.

A new study from Utah State University once again confirms that conclusion–”when you take into account the true costs of wind, it’s around 48 per cent more expensive than the industry’s official estimates”:

“In this study, we refer to the ‘true cost’ of wind as the price tag consumers and society as a whole pay both to purchase wind-generated electricity and to subsidize the wind energy industry through taxes and government debt,” said Ryan Yonk Ph.D., one of the report’s authors and a founder of Strata Policy. “After examining all of these cost factors and carefully reviewing existing cost estimates, we were able to better understand how much higher the cost is for Americans.”

The peer-reviewed report accounted for the following factors:

The federal Production Tax Credit (PTC), a crucial subsidy for wind producers, has distorted the energy market by artificially lowering the cost of expensive technologies and directing taxpayer money to the wind industry.

States have enacted Renewable Portfolio Standards (RPS) that require utilities to purchase electricity produced from renewable sources, which drives up the cost of electricity for consumers.

Because wind resources are often located far from existing transmission lines, expanding the grid is expensive, and the costs are passed on to taxpayers and consumers.

Conventional generators must be kept on call as backup to meet demand when wind is unable to do so, driving up the cost of electricity for consumers.

“Innovation is a wonderful thing and renewable energy is no exception. Wind power has experienced tremendous growth since the 1990’s, but it has largely been a response to generous federal subsidies,” Yonk stated.

But Utah State University researchers aren’t the only ones pulling back the curtain on the true cost of wind. A new study from the Institute for Energy Research demonstrates that a real comparison between existing power plants and new power plant sources shows that wind power once again comes up short in the low cost department:

Today, the Institute for Energy Research released a first-of-its-kind study calculating the levelized cost of electricity from existing generation sources. Our study shows that on average, electricity from new wind resources is nearly four times more expensive than from existing nuclear and nearly three times more expensive than from existing coal. These are dramatic increases in the cost of generating electricity. This means that the premature closures of existing plants will unavoidably increase electricity rates for American families.

Almost all measures of the cost of electricity only assess building new plants–until now. Using data from the Energy Information Administration and the Federal Energy Regulatory Commission, we offer useful comparison between existing plants and new plants.

America’s electricity generation landscape is rapidly changing. Federal and state policies threaten to shutter more than 111 GW of existing coal and nuclear generation, while large amounts of renewables, such as wind, are forced on the grid. To understand the impacts of these policies, it is critical to understand the cost difference between existing and new sources of generation.

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A link to the complete study can be found on the Institute’s release page.

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July 2 Colorado Energy Roundup: New Belgium signs ‘Brewer’s Climate Declaration’

More reaction from the ongoing Colowyo Mine saga in northwest Colorado, as Colorado Public Radio profiled residents from the community on what the possible mine closure would mean:

It’s been nearly two months since a judge required the federal government to take another look at a 2007 mining plan it approved for the Colowyo Mine outside Craig. Reaction in the small town of 9,000 was swift with much of the frustration directed at WildEarth Guardians, an environmental group that initiated the lawsuit.

Brent Malley moved from Phoenix, Arizona, to Craig 10 years ago to work at the mine, which supplies fuel to the nearby Tri-State Generation and Transmission Association power plant. Tri-State also owns Colowyo.

“It’s a much cleaner coal, low sulfur. I deal with that on a daily basis,” said Malley, who analyzes the coal at Colowyo. “There’s a bias against coal and I think it comes from pre-World War II where you saw really dirty conditions and miners getting hurt.”

Another resident, Rev. Jason Wunsch, called the actions against the Colowyo Mine–and the community–by WildEarth Guardians an “abuse.”

“The way it went about things through litigation and not through organic community dialogue I think was both an abuse to the public, but I think it will be a loss for authentic environmentalists,” Wunsch told CPR.

***

In a week filled with blockbuster Supreme Court decisions, the court’s ruling on the Environmental Protection Agency’s mercury rule flew somewhat under the radar, but the agency’s illegal rule had already done the damage intended, and even offered the EPA an “out” in future rulemaking:

A measure of the Environmental Protection Agency’s radicalism is that on Monday even this Supreme Court shot down one of its regulatory abuses. The agency’s extraconstitutional law-writing was too much even for the Court willing last week to tolerate the rewriting of laws for ObamaCare subsidies and housing discrimination.

In Michigan v. EPA, several states and industry groups challenged a 2012 EPA rule related to mercury emissions, which was really a pretext to force most coal-fired power plants to shut down as part of the Administration’s climate agenda. Though the rule was then the most expensive the federal government had ever issued, the EPA said it had no obligation even to consider costs when deciding whether it was “appropriate and necessary” to regulate.

“One would not say that it is even rational, never mind ‘appropriate,’ to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits,” Justice Antonin Scalia writes. “EPA’s interpretation precludes the agency from considering any type of cost—including, for instance, harms that regulation might do to human health or the environment.”

But imposing those economic costs and forcing the closure of coal-fired power plants in the process of the rule’s implementation had already occurred in between the 2012 promulgation of the rule and the Supreme Court’s finding this week. Too little, too late.

But while the initial reaction appeared to have a silver lining in forcing the EPA to consider costs, the agency got a reprieve from not only the minority who sided with the rule, but from the majority as well:

But here’s the, er, catch. Justice Scalia’s opinion says the agency can’t regulate without considering costs, but his decision also says the EPA can still decide what counts as a cost. Uh-oh.

And sure enough, Justice Elena Kagan’s dissent offers the EPA a soft-landing path for future law-writing. She does not say EPA can ignore costs altogether. But she and the three other liberals would have blessed the mercury rule because the EPA would allegedly scrutinize costs at some indeterminate point, eventually, down the line.

So while Michigan is a welcome rebuke to EPA arrogance, presumably the agency can still do most of what it wants as long as it claims to have considered costs. In any case, most of the utilities targeted by the EPA rule have already shut down those coal plants or spent billions to comply. They won the legal battle but lost the climate war.

In other words, the make-it-up-as-you-go agency’s agenda in bringing forth coal-killing regulations received the green light to conjure up any cost methodology it wanted to justify the rule, and to do so whenever it pleased.

That doesn’t bode well for future rule implementation of the EPA’s upcoming Clean Power Plan (carbon reduction) or ground-level ozone targets.

Sen. Mike Lee (R-UT), in an op-ed at Forbes, illustrated the EPA’s attitude toward the Supreme Court’s ruling, and their attitude in general when it comes to their role in the rulemaking process:

To make matters worse, the EPA sees no problem in a regulatory process that forces electricity companies to comply with an illegal regulation. “EPA is disappointed that the Court did not uphold the rule, but this rule was issued more than three years ago, investments have been made and most plants are already well on their way to compliance,” an EPA spokesperson said in a statement.

As long as the rule did what was intended, even when dinged by the Supreme Court, the agency’s mission was accomplished.

***

New Belgium Brewing appears to be doubling down on its environmental commitment even as it is still contending with pushback on its support of WildEarth Guardians, the activist group responsible for threatening the Colowyo Mine (see above) through its litigation:

The beer industry is booming, but water resources are becoming scarce while warmer temperatures and extreme weather events are hurting hop production.

“They do say whiskey’s for drinking and waters for fighting out here. And there’s a reason they say that,” said New Belgium’s Bryan Simpson.

Now, brewers are finding ways to integrate green business practices and they want others to do the same. Three Colorado breweries are joining a national call-to-action, signing the “Brewer’s Climate Declaration.”

The declaration signed by New Belgium, along with a couple dozen other companies, sees climate change as a threat to its basic ingredients–water and hops:

Warmer temperatures and extreme weather events are harming the production of hops, a critical ingredient of beer that grows primarily in the Pacific Northwest. Rising demand and lower yields have driven the price of hops up by more than 250 percent over the past decade. Clean water resources, another key ingredient, are also becoming scarcer in the West as a result of climate-related droughts and reduced snow pack.

That’s why leading breweries are finding innovative ways to integrate sustainability into their business practices and finding economic opportunity through investing in renewable energy, energy efficiency, water efficiency, waste recapture, and sustainable sourcing. To highlight the steps they are taking and issue a call to action to others, brewers are signing the Climate Declaration.

***

A Colorado thin-film solar supplier company goes belly-up due to flagging sales:

Faced with slumping sales in its solar inverter business, and no suitors willing to step in to buy it, Advanced Energy Industries, Inc., announced Monday it was getting out of the business.

The move will cost the company millions of dollars and likely hundreds of jobs.

The impact on jobs at the Fort Collins-based business is unknown, but the company said in a statement it expects to spend $260 million to $290 million to wind down the company, including $15 million in employee termination costs and $30 million to $45 million in severance and other expenses related to the decision.

As of Dec. 31, AE, which develops power and control technologies for thin-film manufacturing and solar-power generation, employed 1,583 people globally. Founded in Fort Collins in 1980, AE manufactures inverters in Fort Collins, Canada and China.

Abound Solar, a thin-film solar panel manufacturer, filed for bankruptcy in 2012 despite a $400 million loan guarantee from the Department of Energy. Tracking the declining global share of thin-film solar and difficulties seen in other companies in places like China, it’s easy to see that the once highly touted technology hasn’t caught fire the way proponents once envisioned.

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***

Despite top rankings as a manufacturer of wind technology and employment of wind-related workers, Colorado must increase its wind energy efforts, according to a new report from Environmental Entrepreneurs:

But the state needs to do more, according to the report.

The state needs to implement the federal Clean Power Plan, which would cut carbon emissions from “dirty” power plants in Colorado by 35 percent in part by increasing clean renewable energy.

Secondly, the state needs “new policy direction … to expand the state’s renewable energy portfolio.”

“Colorado’s leaders need to take action with policy opportunities that are good for its economy and good for its environment,” the 16-page report concludes.

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June 25 Colorado Energy Roundup

Last week at the Steamboat Institute, Independence Institute Energy Policy Center Director Amy Oliver Cooke moderated a panel entitled “The Coming Storm of Federal Energy Regulations and Their Impact on Colorado Business”–with attorney Ray Gifford discussing the Environmental Protection Agency’s “Clean Power Plan,” Dan Byers of the U.S. Chamber of Commerce offering an explanation of the newly proposed EPA ground-level ozone rule, and Lee Boughey of Tri-State Generation and Transmission revealing the impact of the WildEarth Guardians lawsuit and the Colowyo Mine:

***

Blowback over the controversial support of WildEarth Guardians and the lawsuit threatening the Colowyo Mine stirred up trouble not only for New Belgium Brewing Company but over 450 other businesses and organizations listed as WEG supporters who quickly pulled their names from a list of “supporters” on the activist group’s website:

Some businesses listed said they never gave anything to the group responsible for a lawsuit that put Colowyo Coal Mine at risk of closing.

The Craig Daily Press published its first story about local liquor stores and restaurants pulling New Belgium and Breckenridge Brewery beer on June 8, and shortly thereafter, WildEarth Guardians staff deleted its webpage called “Businesses for Guardians.”

The newspaper then published the cached webpage of supporters, and less than 24 hours later, the environmentalists republished the webpage.

On that page, a total of 605 businesses across Colorado and New Mexico were listed as supporters. As of June 18, that number shrunk to 151 businesses listed as supporters.

A complete list of all companies previously named as “Businesses for Guardians” has been archived here as well.

“You don’t mess with my community,” one resident told the Craig Daily Press.

There’s no doubt the Colowyo Mine issue is already impacting the economy of the northwest corner of Colorado:

After less than six months of being in business, the owner of Stacks Smokehouse closed the doors to his restaurant due to Craig’s economic uncertainty in light of what’s happening at Colowyo Coal Mine.

Steve Fulton said his business — which opened in the former Double Barrel Steakhouse building on Feb. 20 — dropped 40 percent days after the community met on June 3 for a public meeting with Colowyo representatives.

***

Two Colorado counties have seen tremendous growth in jobs, despite the recent oil and gas downturn:

Two Colorado counties were among the three large U.S. counties with the fastest job growth rate in 2014, the U.S. Bureau of Labor Statistics reports.

And Colorado overall ranked No. 3 for the rate of job growth among states.

In the counties ranking, Weld County topped the list for a second straight year. Weldco tied with Midland County, Texas, with a best-in-the-nation 8.0 percent increase in employment between December 2013 and December 2014, BLS said.

In 2013, Weld County posted 6 percent job growth.

And Adams County came in at No. 3 in the nation with a 6.4 percent growth rate.

In fact, Weld County saw a 19.6 percent gain in natural resources and mining employment over the 12-month period, adding a net 2,074 jobs, BLS estimates.

And Adams County is home to companies that service the energy industry.

Only North Dakota (4.5 percent) and Nevada (4.2 percent) outpaced Colorado’s job growth rate of 3.9 percent, according to the BLS.

***

Meanwhile in Indiana (from a press release):

Indianapolis – Governor Pence sent a letter today to President Obama informing him that unless the federal Environmental Protection Agency’s (EPA) Clean Power Plan is demonstrably and significantly improved before being finalized Indiana will not comply. The Governor’s letter in full can be found attached.

“As I wrote to Administrator McCarthy on December 1, 2014, the proposed rules are ‘ill-conceived and poorly constructed’ and they exceed the EPA’s legal authority under the Clean Air Act,” wrote Pence. “If your administration proceeds to finalize the Clean Power Plan, and the final rule has not demonstrably and significantly improved from the proposed rule, Indiana will not comply. Our state will also reserve the right to use any legal means available to block the rule from being implemented.”

“Our nation needs an ‘all of the above’ energy strategy that relies on a variety of different energy sources,” said Pence. “Energy policy should promote the safe, environmentally responsible stewardship of our natural resources with the goal of reliable, affordable energy. Your approach to energy policy places environmental concerns above all others.”

In addition Pence noted, “Higher electricity prices brought by the EPA’s plan will inhibit our ability to advance our manufacturing base and the jobs it creates.”

The EPA’s Clean Power Plan calls for a 20 percent reduction in carbon dioxide emissions from 2005 levels in Indiana by the year 2030. The proposed rules do not dictate how states achieve reduction. Instead, the rule suggests four building blocks as guidelines for compliance. The rules will increase the cost of electricity and force the premature closure of coal-fired power plants, leading to concerns of electricity shortages. On December 1, 2014, Governor Pence and Indiana State agencies submitted letters to EPA Administrator Gina McCarthy detailing the proposed rules’ impact on Indiana and urging their immediate withdrawal.

More than 26,000 Hoosiers are employed in the coal industry in Indiana. Governor Pence has pledged to fight the EPA’s regulations with all legal means at Indiana’s disposal. Governor Pence’s comments today come on the heels of the U.S. Court of Appeals for the District of Columbia dismissing State of West Virginia et al v. Environmental Protection Agency, Case No. 14-1112. Indiana was one of fourteen petitioners in the case, which asked the Court to review the legality of the EPA’s proposed regulations limiting carbon dioxide emissions from existing power plants. The Court of Appeals’ decision was based on procedural, not substantive, issues and does not preclude future litigation challenging the regulation. Indiana intends to renew its challenge in the courts following the release of the final rule.

The EPA is expected to release the final rule in August.

***

Thin-film solar–remember Abound Solar?has also taken a tumble in China.

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A quick reminder of why government choosing energy winners and losers is a bad idea–an expensive burden on taxpayers and ratepayers alike.

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June 18 Colorado Energy Roundup: Pushback on EPA ozone rule effect on rural US, oil and gas operations get the thumbs up from Colorado communities

The Environmental Protection Agency’s proposed ozone rule–reducing acceptable ground-level ozone from 75 ppb to between 65 and 70–has drawn criticism from 22 medically trained members of Congress (E&E Greenwire, behind paywall:

In a letter to EPA Administrator Gina McCarthy, the 22 Republican members of the House and Senate raised questions about the analysis underlying EPA’s conclusions about the public health benefits of a lower ozone limit.

EPA in November proposed to tighten the national ambient air quality standard for ozone from 75 parts per billion — last set in 2008 during the George W. Bush administration — to between 65 and 70 ppb after finding that the 75 ppb limit was no longer adequate to protect public health.

“As healthcare professionals, we rely upon the most accurate health data,” the group of lawmakers wrote. “From this vantage, we believe that the proposal’s harms outweigh its claimed benefits and are concerned it could ultimately undermine our constituents’ health.”

Of the lawmakers signing the letter, 13 have doctor of medicine degrees. Some of the other signatories have been trained as dentists or eye doctors. Two are registered nurses. Sen. Bill Cassidy (R-La.), who has a doctor of medicine degree, led the effort.

From the letter to McCarthy:

Studies show that income is a key factor in public health, a link confirmed by our first-hand experience as medical professionals caring for patients, including the low income and uninsured. As well, stakeholders have noted serious questions regarding the health benefits EPA claims to support the proposal, and we are concerned that the uncertain benefits asserted by EPA in its ozone proposal will be overshadowed by its harm to the economy and human health. In light of the long-term continuing trend towards cleaner air, as well as ongoing work by states toward further improvements under existing regulations, we encourage EPA to protect American jobs, the economy, and public health by maintaining the existing ozone NAAQS [National Ambient Air Quality Standards].

The letter, citing a study from the National Association of Manufacturers, points out that at a 65 ppb threshold for ozone, rural areas like Yellowstone and the Grand Canyon National Parks would fall into “non-attainment” of the new standard, and as much as over half the entire nation. This would lead, naturally, to job loss and economic turmoil, “making the proposal the most expensive regulation in U.S. history.”

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Oil and gas development a boon to one Colorado community, whether or not the company’s investment pans out:

DE BEQUE — A natural gas project by Black Hills Exploration & Production in the De Beque area is involving some upfront investment risks by the company, but with the potential of large rewards for not only Black Hills but the region’s economy and tax base.

Whatever happens, the investment already is paying off for local farmers and ranchers, thanks to a pipeline and water pump station project that officials celebrated the completion of Friday. Black Hills paid for the $8 million project to help supply water for its hydraulic fracturing of wells, but most of the water will be used for irrigation, including by the town, which will reduce De Beque’s need to exercise its senior water rights at the expense of area ranchers.

The water project is an upfront investment that won’t fully pay off for Black Hills unless its De Beque drilling project proceeds to the development phase. But John Benton, vice president and general manager of Black Hills E&P, likes the fact that the company has built something of such value to the De Beque area no matter how its drilling project pans out.

“Regardless of whether we go forward or not with our program, it’s created something that will benefit the community for years to come,” he said.

If the project proceeds, Mesa County could see not only more jobs but an increased tax base.

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Not all Colorado communities are filled with activists seeking to ban or otherwise hinder oil and gas development in their back yard:

A few years after a series of anti-oil-and-gas ordinances and ballot initiatives cascaded through several towns in Colorado, some local governments are speaking up in favor of the state’s multibillion-dollar energy industry.

In the last few months, trustees in the tiny town of Platteville in Weld County and commissioners from counties near Denver have signed letters and passed resolutions that speak in favor of the industry and its high-paying jobs.

“If there’s someone who comes in and wants to ban fracking, at that time we’ll vote on it,” Bonnie Dunston, Platteville’s mayor, told the Denver Business Journal.

“But we’re not going to ban fracking. Oil and gas does a lot for us, for our town, our community, and we’re just saying that we’re going to keep oil and gas going here in Platteville,” she said.

Douglas, Arapahoe, and Jefferson county officials have all recently either affirmed support for responsible development within the oil and gas industry or indicated their opposition to bans of any kind, according to DBJ. The officials noted that, while the counties did not see as much direct involvement within their borders compared to places like Weld County, many of their residents worked within the industry.

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Kansas pushes back against EPA Clean Power Plan, changes state renewables mandate to voluntary

Unlike Colorado’s failed attempt to provide state oversight to proposed Environmental Protection Agency’s “Clean Power Plan” regulations, Kansas’ legislature has passed requirements for any CPP state implementation plan, including no plan at all, should it conflict with ongoing litigation against the EPA’s power to bring forth the CPP:

Kansas governor Sam Brownback (R) signed a bill setting parameters for how the state complies with the US Environmental Protection Agency’s (EPA) proposed Clean Power Plan.

The bill, HB 2233, requires state agencies responsible for drafting a state implementation plan (SIP) to examine potential electricity rate impacts that may arise from complying with the EPA rule to address CO2 emissions from existing power plants. The law mandates that the Kansas Department of Health and Environment identify ways to avoid unreasonable costs under a best system of emissions reductions, which may include emissions trading or emissions averaging across the generation fleet. Brownback signed the bill into law on 28 May.

The law creates an oversight committee of state lawmakers that will track the progress of and vote on the SIP. The Clean Power Plan Implementation Study Committee will run from 1 July 2015 to 30 June 2017.

Like other states such as New Mexico, Kansas state agencies have called the EPA’s CPP into question, “citing concerns over its legality, federal overreach into grid reliability and a limited timeline for implementation.”

Those concerns have prompted Kansas to join other state attorneys general in legal challenges targeting EPA’s ability to bring forth regulations like those under the CPP:

Attorney general Derek Schmidt (R) is among 19 state attorneys general who have called on EPA to withdraw its proposed CO2 standards for new power plants, and the state is participating in two lawsuits challenging the Clean Power Plan proposal.

The new law allows state regulators to not submit a plan if the attorney general determines that such a plan would conflict with Kansas’ legal position in current or pending legal challenges against the rule.

In testifying for Colorado’s Electricity Consumers’ Protection Act (SB 258), attorney Mike Nasi outlined possible legal objections to the EPA’s proposed rules.

Colorado’s SB 258 would have tasked the Public Utilities Commission, with input from the Colorado Department of Public Health and Environment, as well as approval from the state legislative body, with creating a CPP SIP for the state that considered costs and required a full, public, and deliberative process rather than unilateral executive agency rulemaking from CDPHE under the Governor John Hickenlooper’s direction.

With the defeat of the bill, Governor Hickenlooper announced that, unlike Kansas’ measured approach, Colorado would capitulate to the EPA’s CPP and push forward with state implementation.

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Colorado environmentalists and renewable energy advocates enjoy touting other states’ efforts on issues including renewable energy standards and renewable subsidies.

But this year, Kansas modified its RES, making the mandate a “voluntary goal”:

Kansas governor Sam Brownback (R) yesterday signed into law a bill converting the state’s renewable energy standard to a voluntary goal.

The bill, SB 91, replaces the state’s standard, which required 20pc renewable energy use by 2020, with a voluntary target on the same timetable. SB 91 also exempts existing renewable energy facilities in the state, mostly wind farms, from property taxes and gives new renewable energy facilities a 10-year property tax exemption.

Wind accounted for 21.7pc of Kansas’ generation mix in 2014, according to the American Wind Energy Association.
….
While the bill was supported by some state wind industry and business groups, environmentalists have criticized it, saying it should have at least called for a higher voluntary goal to give utilities “something to aspire to.”

In a free market, utilities and others involved with energy production will voluntarily move to where the market leads–they will “aspire to” serve their customers with an energy fuel mix that best suits the state’s and individual utility’s needs and consumer’s wants.

Government should not be picking energy or electricity winners and losers, and moving from a legal mandate to voluntary guidelines is a step in the right direction for free market energy, as is limiting a property tax exemption from permanent to a sunset at 10 years.

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May 28 Colorado Energy Roundup: EPA water rule, Hickenlooper pleads for Colorado mine, reduced drilling costs

Yesterday, Governor John Hickenlooper says chances for a statewide ballot measure on fracking in 2016 are pretty low, but anti-energy fractivists aren’t so sure about Hickenlooper’s prognostication:

Gov. John Hickenlooper on Wednesday said he does not believe there is momentum to push a state ballot initiative that would crackdown on the oil and gas industry.

The Democrat spoke along with Republican U.S. Sen. Cory Gardner at a breakfast in Denver hosted by industry leaders and supporters, including Vital for Colorado.

“There will be proposals, but I don’t think there will be something that will be funded to any significant extent, and therefore I don’t expect something to get on the ballot,” Hickenlooper said.

Hickenlooper is not viewed positively by the strident activists who considered the governor’s brokered deal to get the ballot measures off the table and replaced by his blue-ribbon fracking commission as a stab in the back:

“Governor Hickenlooper’s blowing hot air to justify his continued endorsement of the fracking fiasco that is making Coloradans sick, driving down property values and threatening our air and water,” said Sam Schabacker, spokesman for Food and Water Watch, one of several groups discussing local and statewide ballot initiatives. “Outrage continues to grow over the governor’s inaction to stop fracking and more parents, business owners and community members are speaking out than ever.”

The only question is whether or not the anti-fracking forces find another funder like Rep. Jared Polis (D-CO). National groups are likely to go playing in Colorado, as the issues (setbacks, water, air quality) surrounding fracking haven’t disappeared, and were certainly not dealt with to any significant degree by the state’s recently concluded commission.

At least not in the estimation of the groups who would bring more ballot proposals to the Secretary of State by next year.

***

You might think that the Environmental Protection Agency’s final “water” rules won’t have an impact on energy production, but its wide-ranging scope as defined by EPA administrator Gina McCarthy should give anyone pause:

“For the water in the rivers and lakes in our communities that flow to our drinking water to be clean, the streams and wetlands that feed them need to be clean too,” said EPA Administrator Gina McCarthy.

Under the rule, tributaries and headwaters that show physical features of flowing water — a bed, bank and high-water mark — would be subject to the Clean Water Act. So would waters that are next to rivers and lakes and their tributaries. Ditches that are constructed out of streams or function like streams and can carry pollution downstream also would be covered. But ditches that flow only when it rains wouldn’t be covered, according to the EPA.

Business groups, however, contend the rule is broader than the EPA describes. They vow to fight it in the courts and in Congress. Earlier this month,the House passed legislation that would require the EPA to withdraw the rule, which was dubbed the “Waters of the United States” rule before the EPA rebranded it.

The National Association of Manufacturers opposes the definitions provided by the EPA, saying it “all adds up to increased regulatory uncertainty, permitting costs, delays and even litigation, not to mention a giant new set of hurdles standing in the way of construction.”

Given the proximity of many energy sources to rivers, streams, and other bodies of water, the EPA’s regulations will surely add cost to energy production and quite possibly halt new electricity generating units that will not comply with the new environmental impact statements the water rule will surely require.

Of course, the EPA’s own manufacturing attempts–in this case public comments in support of proposed rules–will likely not cease any time soon.

***

For the residents of northwest Colorado, Craig Station and the nearby Colowyo Coal Mine near Craig literally power the local economy, and a shutdown of the mine would cripple the local economy, perhaps permanently–so Gov. Hickenlooper has intervened:

Hickenlooper on Friday asked U.S. Interior Secretary Sally Jewell in a letter to “do everything possible” to prevent a shutdown of the Colowyo Coal Mine near Craig.

The mine currently employees about 220 people and supplies coal that powers the Craig Station, one of the state’s largest coal-fired power plants. According to Colowyo’s owner, the station is capable of producing up to 1,303 megawatts of electricity.

Hickenlooper said in the letter that the mine also contributes more than $200 million to the regional economy and generates tax and royalties of $12 million annually.

“Given the importance of this mine to the economies of the region, I ask that you do everything possible to respond to the judge’s order and remedy the situation as expeditiously as possible,” Hickenlooper wrote in the letter.

Whether or not Sec. Jewell’s agency will appeal the court ruling calling for additional environmental impact statements remains to be seen.

Meanwhile the plans to put a transmission line through Moffat County, where the Craig power plant and mine reside, continue apace. The line would send electricity from wind farms in Wyoming to California.

***

Lower demand for services means some relief for driller’s in Colorado’s embattled oil and gas sector:

But the slowdown also has produced at least one upside for companies: increased availability of rigs from drilling contractors and lower costs for drilling and completing wells.

For some companies operating locally, it has helped justify drilling and completing wells at all with gas prices so low. For one company, Black Hills Exploration & Production, it resulted in a recent ramp-up from one rig to three, tying it with WPX Energy as the busiest driller in western Colorado’s Piceance Basin.

But it is not just a downturn in natural gas prices that has hurt the industry, but government red tape as well:

Bill Buniger, a Loma contractor who does energy work such as well pad construction, said he’s not willing to take a cut in pay.

“The thing about it is, when you take a cut like that, your margin of profit, that’s what you’re cutting out. All you’re doing is wearing out your machines,” he said.

The costs of things like tires and repairs don’t change, he said. Buniger, 70, has paid off most of his equipment and said he’d rather let it sit if he can’t make a profit.

Not that he’s had much of a choice. He said most of the companies he works for are small, independent oil and gas companies that simply aren’t doing any drilling, due to low oil and gas energy prices at a time of increasing state regulations.

And while commodity prices will continue to fluctuate, the state’s regulatory burden won’t be lifting any time soon.

***

Vincent Carroll, writing for the Denver Post, is skeptical of Gov. Hickenlooper’s claims that avoiding a listing of the greater sage-grouse by the Fish and Wildlife Service isn’t a slam dunk:

“We are very, very close to avoiding a listing altogether,” Hickenlooper told members of the Associated Governments of Northwest Colorado two weeks ago, according to The Daily Sentinel. He said Interior Secretary Sally Jewell would like to avoid a listing, and “I believe her. I don’t think she’s posturing.”

But of course what else would she say to him? That federal officials are eager to impose draconian restrictions on a vast swath of Western land over the bipartisan objections from all 11 governors and despite little evidence from past listings that it would do much good?

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May 14 Colorado Energy Roundup: fracking, ozone, and a national renewable energy standard

Energy In Depth’s Simon Lomax pokes holes in the American Lung Association’s report on ozone–and the Denver Post’s reporting on it–with input from the Colorado Department of Public Health and Environment:

Citing its own April 29 “report card” on the region’s air quality, the ALA told the Denver Post that levels of ground-level ozone – sometimes called smog – are deteriorating rather than improving. But the ALA went much further, claiming that while the air above the Denver metro area “looks cleaner than in the 1970s,” the region actually has “higher ozone” and the gains made since the 1970s “are going away.”

In the same news story – authored by the Post’s environmental writer Bruce Finley – the Colorado Department of Public Health and Environment (CDPHE) warned the ALA’s report card was “both inaccurate and misrepresents air quality in Colorado.” But Finley’s story didn’t detail what those inaccuracies and misrepresentations actually were.

In a follow-up interview with Energy In Depth, CDPHE’s Air Pollution Control Division (APCD) Director Will Allison revealed that the ALA report card ignored a full year of air quality data from 2014, which shows ozone levels getting better, not worse. To claim there’s higher ozone now than back in the 1970s also ignores decades of air quality data that show “it’s gotten a lot better,” Allison said.

To say the ALA took a liberal look at its own conclusions to bolster an argument for increased ozone regulation appears correct.

“If you look at 2011-2013 averages, we had 10 monitors in the Denver North Front Range that exceeded the ozone standard of 75 parts per billion. But if you look at the 2012-2014 averages, only four monitors exceeded the federal standards. So there was a significant drop from 10 noncompliant monitors to four,” Allison told EID.

***

Colorado’s 21-member oil and gas task force, which concluded its meetings in February, received modest support (about $2 million) in the Colorado legislature for a handful of its recommendations:

The budget includes:
$1,364,713 to pay for 12 new employees for the Colorado Oil and Gas Conservation Commission (COGCC), the state agency charged with overseeing the state’s multibillion-dollar oil and gas sector.
$360,910 for the Colorado Department of Public Health and Environment (CDPHE) to create a hot line and website with information about the industry, and a chance to raise concerns about its operations.
$402,859 for the CDPHE to create a mobile air monitoring unit to watch for air pollution from industry operations and a person to operate it.

These small changes stand in contrast to some of the more pointed and disruptive resolutions the committee considered, and to the ballot measures that tripped off the Governor’s “compromise” move last August.

Fracking opponents, of course, decried the legislative session’s activity on oil and gas issues, while the industry hailed the results, according to Valerie Richardson at The Colorado Statesman.

Kicking the can down the road to 2016 on fracking issues–with Democrats sidestepping a fractious debate, as Richardson put it–may still not prove advantageous to Democrats split over the issue. With eco-left activists vowing to work hard again next November and having felt betrayed by maneuvering in 2014, Sen. Michael Bennet’s re-election efforts might not get the smooth ride his party was hoping to craft. It certainly didn’t help former Sen. Mark Udall, who carved a more eco-friendly niche in his term, but ultimately suffered defeat last year.

***

Speaking of Sen. Bennet–an attempt to bolster his green credibility with new legislation aimed at a national renewable energy standard:

The bill unveiled Tuesday that would require utilities to generate 30 percent of their electricity from renewable energy sources by 2030, starting with an 8 percent requirement by 2016 followed by gradual increases.

Sen. Tom Udall has introduced this legislation in every session of Congress since 2008. The bill is based on his bipartisan initiative that passed the House in 2007. Co-sponsors this time around include Sens. Edward Markey (D-Mass.), Martin Heinrich (D-N.M.), Michael Bennet (D-Colo.), Jeff Merkley (D-Ore.), Sheldon Whitehouse (D-R.I.) and Mazie K. Hirono (D-Hawaii).

“A national Renewable Electricity Standard (RES) will help slow utility rate increases and boost private investment in states like New Mexico — all while combating climate change,” Udall said in a news release. “Investing in homegrown clean energy jobs just makes sense, and that’s why I’m continuing my fight for a national RES.”

***

Colorado’s western slope counties may avoid economic devastation if the Fish and Wildlife Service decides not to tap the greater sage-grouse with a designation as threatened or endangered:

The Interior Department has said it wants to reach the point that the Fish and Wildlife Service can find that no listing is warranted. Much of that decision lies with the way the BLM manages its lands and both agencies report to Jewell.

“We are very, very close to avoiding a listing altogether,” Hickenlooper said, noting that he spoke to [Secretary of Interior Sally] Jewell 10 days ago.

Finding that the bird should not be listed is Jewell’s goal, Hickenlooper said.

“I believe her. I don’t think she’s posturing.”

A listing by the FWS would be a critical blow to Colorado’s western counties, along with 10 other states, as one county commissioner told Gov. Hickenlooper.

“All of Moffat County is out of business,” Moffat County Commissioner Chuck Grobe concluded, should the listing move forward contrary to Hickenlooper’s claims.

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Testimony Against Divestment at CU Regent Board Meeting

April 16, 2015 by michael · Comments Off
Filed under: Legal, Legislation, preferred energy 

Delivered April 16:

·         Thank you for the opportunity to speak today on the issue of fossil fuel divestment. My name is Michael Sandoval. I am a proud graduate of CU Boulder and CU Denver. I graduated with degrees in history and marketing. I am here today speaking as both a proud alumnus as well as for the Independence Institute, a free market think tank based in Denver.

·         First, let me emphasize that Colorado is a proud energy producing state. In fact, many of our friends, family and neighbors have jobs in this industry. Many of the men and women in these fields earned their degree from this institution. To stigmatize and demonize energy workers is both shameful and downright ignorant. I think Lisa Hamil’s op-ed in the Boulder Daily Camera earlier this year says it best, “Banning investment in fossil fuel companies makes no more sense than banning entire fields of study like geology and petroleum engineering, or classes like the Global Energy Management Program’s Lifecycle of Oil and Natural Gas Certificate Course that I teach at CU Denver Business School. But that’s where the divestment argument leads: If it’s bad to invest in energy companies that produce fossil fuels, then it must be even worse to educate the professionals who would run those companies.”

·         A July 2013 study from the University of Colorado’s Leeds School of Business found more than 110,000 jobs in our state are supported by the oil and gas industry. Likewise, the industry spurs almost $30 billion in economic activity and generates $1.6 billion in state and local tax revenues. In other words, oil and gas is one of Colorado’s foundational industries – just as important as agriculture and tourism. To suddenly wipe out the oil and gas industry would cause tremendous harm to every Colorado family, not just the tens of thousands of Colorado families whose livelihoods depend on this vital economic sector.

·         Given the importance to Colorado’s economy, let me next point out that the anti-fossil fuel campaign is really a national campaign run by far-left environmental activists. Well-funded national organizations like 350.org that have no real interest in our state are the ones pouring millions of dollars into this campaign. They oppose all fossil fuels. They are currently running campaigns against the Keystone XL pipeline and attempting to ban natural gas production here in Colorado and across the country. Just this week, members of 350.org were protesting outside of Hillary Clinton’s campaign office saying that she was too moderate for them. To be blunt, this is a national campaign using college students to shut down one of Colorado’s leading job creators. These groups are simply too extreme for Colorado.

·         Let me also note that the divestment campaign would be all economic pain for no climate gain. As Dr. Daniel Fischel from the University of Chicago School of Law found in a study he conducted, wrote in the Wall Street Journal, “Every bit of economic and quantitative evidence available to us today shows that the only entities punished under a fossil-fuel divestment regime are the schools actually doing the divesting—with virtually no discernible impact on the targeted companies. Students and universities may nevertheless wish to make a symbolic or political statement, but they should know it will come at a high price. Talk is cheap, but divestiture is not.”

·         Numerous professors from across the country agree. A letter signed by leading professors from the University of California Berkeley, UCLA, Yale and Duke wrote, “In our view, continued engagement with the energy sector on these critical issues represents a far better and more practical approach than a policy of exclusion and isolation. Plainly put, the challenge of combating climate change is too great, and the costs associated with divestment are too considerable, for us to pursue these worthwhile objectives in any other way.” I should note that this letter was also signed by professors from CU.

·         Vincent Carroll of the Denver Post agrees, writing earlier this year that “Any institution facing a decision on divestment should welcome students and faculty urging divestment, and then respond with a forceful “no.” Carroll explains, “Every governmental projection of the world’s energy portfolio in the coming decades foresees still massive reliance on fossil fuels, however seriously we invest in alternatives. As the climate scientist James Hansen said a few years ago, “suggesting that renewables will let us phase rapidly off fossil fuels in the United States, China, India, or the world as a whole is almost the equivalent of believing in the Easter Bunny and Tooth Fairy.”

·         Let me end by saying that I appreciate the students who are here today making their voices heard. As a CU alum who was politically active myself when I was on campus I know particularly well the power of student voices. It is noteworthy that the couple of dozen activists speaking in favor divestment pales in comparison to previous efforts on this campus. But I am pleased that there has been a good, constructive dialogue.

·         As an alumnus of CU, I urge the CU Board of Regents to reject the politically motivated divestment campaign and stand with the thousands of hard working CU grads who work all over the world to ensure we have access to abundant, affordable, and reliable energy resources.

Following testimony, CU Regents voted 7-2 to continue current investment strategies and reject #divestment:

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