February 23 Colorado Energy Cheat Sheet: Conflicting views over Colorado CPP prep; Gold King Mine persists for Navajo Nation

February 23, 2016 by michael · Comments Off
Filed under: CDPHE, Environmental Protection Agency, Legal, renewable energy, solar energy, wind energy 

An E&E story ‘Colo. steps back from crafting formal plan for EPA rule’ might give readers pause, thinking that the Colorado Department of Public Health and Environment was backing off its previous statement to proceed with “prudent” Clean Power Plan development even as a stay from the U.S. Supreme Court was in effect (paywall):

Colorado officials said yesterday they believe it is “prudent” for the state to keep working toward power plant carbon emissions reductions despite a recent Supreme Court ruling to freeze a key federal climate change regulation.

But the state’s original path toward meeting U.S. EPA’s Clean Power Plan goals will be recharted, officials declared at Colorado’s first public meeting about the regulation since the court stay.

“We don’t think it is appropriate at this point to continue drafting a full state plan,” said Chris Colclasure of the Colorado Department of Public Health and Environment’s Air Pollution Control Division. “There’s just too much uncertainty for that.”

Colclasure said the decision to stop work on developing a full compliance plan is part of an effort in smart time management.

“We want to take any steps that we can to put Colorado in the best position given the uncertainty so that when the Supreme Court gives us a ruling, we have used that time effectively,” he said.

The state is “trying to identify actions that we can take that will have benefits regardless of the outcome of the litigation,” Colclasure said, adding that “we don’t want to waste time, either, by having people work on activities that wind up being irrelevant.”

This would include whether to cancel, reschedule, or rework meetings already on the CDPHE agenda for this spring.

A generous reading would see CDPHE’s declarations as a revision or walk-back of its post stay bravado to carry on with CPP preparation at the state level. But there might be no walk-back, but some verbal gymnastics designed to throw off possible legislative action this session or to see other reasons (not just “we should do something anyway because it’s a good thing”) like the state’s own impending 2020 renewable energy standards or Governor John Hickenlooper’s 2015 Colorado Climate Plan.

Meanwhile, at least 17 other states’ governors have signed a bipartisan pledge to promote a “new energy future” as CPP litigation continues.

An amicus brief filed by 34 Senators and 171 Representatives supporting the CPP lawsuit:

WASHINGTON – Led by U.S. Senate Majority Leader Mitch McConnell (R-Ky.), Senate Environment and Public Works Committee Chairman Jim Inhofe (R-Okla.), House Energy and Commerce Committee Chairman Fred Upton (R-Mich.) and House Energy and Power Subcommittee Chairman Ed Whitfield (R-Ky.), 34 Senators and 171 House Members filed an amicus brief today in the case of State of West Virginia, et al. v. Environmental Protection Agency, et al.

The amicus brief is in support of petitions filed by 27 states seeking to overturn the EPA final rule identified as the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, EPA-HQ-OAR-2013-0602, 80 Fed. Reg. 64,662 (Oct. 23, 2015), also known as the “Clean Power Plan.” A copy of the brief can be found here.

As Senators and Representatives duly elected to serve in the Congress of the United States in which “all legislative Powers” granted by the Constitution are vested, the members state that:

The Final Rule goes well beyond the clear statutory directive by, among other things, requiring States to submit, for approval, state or regional energy plans to meet EPA’s predetermined CO2 mandates for their electricity sector. In reality, if Congress desired to give EPA sweeping authority to transform the nation’s electricity sector, Congress would have provided for that unprecedented power in detailed legislation. Indeed, when an agency seeks to make “decisions of vast ‘economic and political significance’” under a “long-extant statute,” it must point to a “clear” statement from Congress. Util. Air Regulatory Grp. v. EPA, 134 S. Ct. 2427, 2444 (2014) (quoting FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 160, 529 U. S. Ct. 1291, 1315 (2000)). EPA can point to no statement of congressional authorization for the Final Rule’s central features, precisely because there is none.

Gov. Hickenlooper defended his views about the CPP on CPR: ignoring SCOTUS stay to do a Colorado approach–more wind, more solar–”I think we do have a responsibility to go to those communities and see what we can do to try and find new businesses or be able to retrain some of the miners so that that community doesn’t suffer so much economically.”

“We really can have inexpensive electrical generation and clean air at the same time,” said Hickenlooper.

That “responsibility” Hickenlooper outlined will be tested, as coal communities see economic upheaval already:

The downward slide continued for Colorado’s coal industry in 2015, highlighted by production at Routt County’s Twentymile Mine, which was down 38 percent.

Statewide, production in Colorado was down 18.5 percent, with 18.7 million tons, the lowest amount of coal mined in 23 years.

In Moffat County, production at the Trapper Mine was actually up nine percent, with 2.1 million tons. At Colowyo Mine, production was down six percent at 2.3 million tons.

Colorado Mining Association President Stuart Sanderson said the drop in production is a result of lower demand, but it was not caused by natural market forces.

“What we are seeing is the direct result of government regulations that are designed to drive coal out of the energy mix,” Sanderson said.

Sanderson pointed to the 2010 Clean Air Clean Jobs fuel-switching bill from coal to natural gas.

“Moving forward, there is no question that the companies are suffering from this absurd action by the government to put hardworking men and women out of work,” Sanderson said.

In other words, mining communities aren’t just suffering economically, they’re suffering governmentally.

***

At the “Lifting the Oil Export Ban” event, Democratic Rep. Ed Perlmutter indicated support for a 5-10 cent gas tax hike as an “investment”–as he “comes from a construction family” (51:00 mark):

***

The Gold King Mine spill prompted by the Environmental Protection Agency still has lingering effects in Navajo Nation areas south of Colorado:

Millions of gallons of contamination from heavy metals flowed from the Animas River in Colorado into the San Juan River in New Mexico, threatening their economy and their spiritual way of life.

Joe Ben Jr. is a farmer and representative to the Navajo Nation board. He walked with CBS4 Investigator Rick Sallinger through corn stalks in a field.

“This corn should normally be higher than 6 feet, it’s about 4 feet,” Ben said.

With sadness he told of how they shut off the irrigation water when they heard the toxic plume was coming and still haven’t turned it back on. Some 550 indigenous Navajo farmers in the region have felt the impact. Ben says farming is an art in their culture for those who live off the land.

Among them is Earl Yazzie and his family. He can only bundle up what remains of what might have been a bountiful harvest. The mine spill took a toll on his farm. He estimates the loss at $10,000.

The U.S. Chamber of Commerce asked–“What if a business did this?”:

If this were a private business, EPA would never have accepted this answer. It would have decried such behavior as “cutting corners” and rushing ahead with little regard to safety and the environment. Fines would’ve been issued.

Just like when EPA fined an oil exploration company $30,500 only a few days before the Gold King Mine spill for leaking 500 gallons of well testing fluids on Alaska’s North Slope. EPA allowed 6,000 times that amount of material to pour into a river. Will EPA (i.e. taxpayers) fork over $183 million in fines?

Last year, Administrator Gina McCarthy said EPA will be held accountable for the spill:

“We are going to be fully accountable for this in a transparent way,” she said at a press conference. “The EPA takes full responsibility for this incident. No agency could be more upset.”

When asked if the EPA will investigate itself as vigorously as it would a private company, McCarthy said, “We will hold ourselves to a higher standard than anybody else.”

On the transparency front, EPA is lacking. As noted above, Griswold’s email about water pressure concerns wasn’t included in EPA’s December 2015 report. Also, committee members are subpoenaing the Interior Department and the Army Corps of Engineers for more documents about the spill, because they don’t think the agencies have been forthcoming.

As for holding itself to a higher standard, that’s yet to be seen six months after the spill.

A House committee is seeking Interior Department documents in the Gold King Mine incident and the subsequent post-spill investigation:

Sally Jewell was ordered Wednesday by the U.S. House Committee on Natural Resources to produce a long list of records and correspondences by the end of next week.

Specifically, the committee wants information about how investigators under Jewell worked with the Army Corps of Engineers to peer review the report.

The committee’s chair, Rep. Rob Bishop, R-Utah, said the Department of Interior has interfered with his requests for information on how the Gold King Mine report was compiled.

Bishop says the DOI has tried to block records showing the Army Corps of Engineers had “serious reservations about the scope and veracity” of the interior department’s review.

Army Corps records were also subpoenaed Wednesday.

Meanwhile, CDPHE sees the Gold King Mine spill as the impetus for action on other mines around the state:

SILVERTON —Of the 230 inactive mines the state recognized six months ago as causing the worst damage to Colorado waterways, state officials say 148 have not been fully evaluated.

The Colorado Department of Public Health and Environment has cobbled together $300,000 for an “inventory initiative” to round up records and set priorities. The agency is enlisting help from the Colorado Geological Survey at the Colorado School of Mines.

Colorado officials hope attention on the Animas River after the EPA-triggered spill at the Gold King Mine in August will spur action at scores of other inactive mines contaminating waterways. After the disaster, the state identified the worst 230 leaking mines draining into creeks and rivers.

There are an estimated 23,000 inactive mines in Colorado and 500,000 around the West. State officials estimate mining wastewater causes 89 percent of the harm to thousands of miles of waterways statewide.

December 10 Colorado Energy Cheat Sheet: Fracking ban faces CO Supremes; fracktivist compares technology to slavery; House GOP calls Interior EPA spill report a “whitewash”

Yesterday, the Colorado Supreme Court heard arguments over Longmont’s fracking ban:

On Wednesday, the state’s highest court will consider Longmont’s voter-approved ban on hydraulic fracturing within city limits.

Longmont voters added the ban to the drilling method, also called fracking, to the City Charter in 2012, convinced that a city-negotiated set of regulations on oil and gas drilling didn’t go far enough.

Both the regulations and the ban brought lawsuits from the Colorado Oil and Gas Association, an industry trade group. The oil and gas regulations lawsuit was dismissed as part of a compromise brokered by Gov. John Hickenlooper before the 2014 election.

The suit on the charter ban, however, has progressed through district court and the Colorado Court of Appeals and is now before the Colorado Supreme Court.

The city has argued that the state allows for local control, that Longmont voters should be able prohibit a type of drilling in city limits.

It is not known when a ruling can be expected.

***

Speaking of local fracking bans, Colorado Peak Politics found this gem from “fractivist Maria Orms, head of North Metro Neighbors for Safe Energy, at an Adams County Communities for Drilling Accountability Now (ACCDAN) meeting”:

“If you accept anything like an MOU [memorandum of understanding], that’s your terms of surrender…signing an MOU is collusion with the oil and gas industry. We need to talk to our county commissioners and tell them not to agree to any of this.

“Apartheid was legal at one point. Would you agree with that? Slavery was legal. Didn’t make it right. Well, maybe that doesn’t apply here to an environmental issue, this is not right, do not agree to this.”

***

Adding more time and uncertainty to drilling operations in Colorado as a result of Gov. John Hickenlooper’s fracking task force recommendations has operators weighing risks and reconsidering Colorado operations:

“The risk [to operate] in Colorado has gone up because of this potential rule or potential application of this on a case-by-case basis,” Wonstolen said.

The COGCC on Monday held its third day of hearings on controversial proposed rules to implement two recommendations from Gov. John Hickenlooper’s oil and gas task force in February.

The recommendations, No. 17 and 20, focused on increasing the communications between local governments and energy companies about where new oil and gas wells would be located in and around neighborhoods. It also called for the impacts of those new wells to be mitigated through best management practices.

But where the proposed rules would be enforced, and how the impacts would be mitigated, has spawned a months-long battle that’s expected to drag into next year. Another day of hearings is expected to be scheduled in late January.

Oil and gas industry representatives said the COGCC’s rules go too far. Citizen groups and representatives from local governments said they don’t go far enough.

***

And one other recommendation from the Governor’s task force calling for a complaint line on oil and gas operations has begun collecting said complaints:

A new state-run program created to field and respond to health concerns related to oil and gas operations has started to receive complaints.

As of Thursday evening, the new Oil and Gas Health Information and Response Program had fielded 20 complaints, according to Dr. Daniel Vigil, who is heading the program within the Colorado Department of Public Health and Environment.

The program began Oct. 15, allowing people to file a health concern and access information. Information includes “unbiased” staff reviews of existing research on the health impacts related to oil and gas development, said Vigil.

In addition, a mobile air monitoring program is being designed and is expected to be completed in the spring.

The health response program, which Vigil said is the first of its kind in the country, was one of nine approved recommendations from a task force created by Gov. John Hickenlooper as part of a compromise to avoid multiple oil- and gas-related ballot issues in 2014.

It will remain to be seen how “unbiased” those review remain, and whether or not a concerted effort by anti-energy forces moves to overwhelm the complaint system in an effort to draw attention.

***

Carbondale is implementing government carbon fees based on energy consumption as state and federal subsidies for renewable energy disappear:

“Carbon fees harness market forces to encourage local investment in energy efficiency and renewable energy,” Michael Hassig, former Carbondale mayor, said in a prepared statement. “We have to take what steps we can, now, right here in our own community, to reduce fossil fuel consumption.”

In 2010, Carbondale set the goals of increasing energy efficiency by 20 percent; reducing petroleum consumption 25 percent; and obtaining 35 percent of energy from renewable sources all by 2020. These figures are measured off of a 2009 baseline.

One scenario calculates that by installing energy-saving measures in 1,200 homes and in 60 businesses, combined with doubling the amount of solar electric systems (or the equivalent of 800 kilowatts of power-generating capacity), Carbondale could meet its targets, according to CLEER’s website. These energy improvements could be achieved by investing $1.1 million per year over the next five years.

The Carbondale trustees adopted a resolution in 2014 that dedicates 20 percent of the town’s state severance tax and federal mineral lease revenues to help reach clean-energy goals. Traditionally, funding from federal and state government grants, the town’s general fund, the Renewable Energy Mitigation Program (generated through building fees in Pitkin County and Aspen) and utilities have been used toward energy efficiency.

But the federal and state grants have since dried up, necessitating another path forward to raise revenue.

Carbon “fees” are not a harnessing or channeling of voluntary market decisions, they are an example of government force, picking energy behavior winners and losers.

***

A battle over a Department of the Interior inspector general report on the Environmental Protection Agency’s Gold King Mine spill has prompted Republican calls that the effort was “whitewash” of EPA efforts and lacked independent review:

The accident prompted harsh criticism of the EPA for failing to take adequate precautions despite warnings a blowout could occur. Yet Interior Secretary Sally Jewell said a review by her agency showed the spill was “clearly unintentional.”

“I don’t believe there’s anything in there to suggest criminal activity,” Jewell testified during an appearance before the House Natural Resources Committee.

Republicans were dissatisfied. They pointed to earlier statements in which Jewell and other agency officials said the Interior review focused on technical mining issues — not the potential culpability of those involved in the spill.

Immediately after Wednesday’s hearing, committee Chairman Rob Bishop asked Congress’s non-partisan Government Accountability Office to investigate the Interior Department’s evaluation. The Utah Republican accused Jewell and other agency officials of stonewalling his repeated efforts to obtain documents relevant to the spill.

The clean up bill for the EPA spill is around $8 million, according to the 2015 “Wastebook” issued by Arizona Sen. Jeff Flake (R), and summarized here by Colorado Peak Politics:

An Orange River Runs Through It: The Animas River. Perhaps you’ve heard of this disaster? The EPA contaminated it, and then, denied responsibility. To date, the EPA has spent $8 million cleaning up its own mess, and that figure is expected to grow.

***

It wouldn’t be a Cheat Sheet without a Clean Power Plan update, so here’s one from the National Federation of Independent Business:

But NFIB believes that the Administration is once more overstepping with the Clean Power Plan. For one it imposes quotas on each state, mandating that they achieve targets for emission reductions—targets that, in some cases, are wholly unrealistic. The plan rewards states that have already taken action to reduce greenhouse gas emissions, but would penalize states that fail to meet their federally mandated reduction targets. To avoid those penalties the rule allows states that are missing their targets to enter into cap-and-trade compacts, which would require those states to essentially purchase credits (at great cost) from states that are meeting their targets. Thus the rule penalizes states that have chosen—for the same policy reasons as Congress—to reject such regulation of greenhouse gas emissions.

Accordingly, the rule raises serious federalism problems because the federal government cannot force the states to enact law that they do not wish to enact. But as we argue—first and foremost—there is a separation of powers problem with the EPA rewriting the Clean Air Act. Once again, we’re fighting in court to enforce the basic principle that only Congress can make law. And once more, we’re defending small businesses against extreme energy-rate hikes.

We are currently asking a federal court to issue an injunction preventing EPA from enforcing the rule against the states. Our hope is that we will ultimately strike-down the rule as another example of executive overreach. For further explanation as to how this rule will affect ordinary small business owners, check out Randi Thompson’s recent editorial in the Reno-Gazette Journal.

***

It’s trees vs. bugs in the forests near Colorado Springs, and the U.S. Forest Service is giving the nod to the bugs, according to this Gazette editorial:

If our plush green backdrop becomes an ugly brown wasteland, tourists will avoid us. Home and business values may drop. And, of course, dead trees greatly increase the likelihood of more deadly, costly forest fires.

Because of diligence by the governor and mayor, we could have a good chance of saving thousands of acres of trees. There is one big problem: The Obama administration’s U.S. Forest Service. Federal forest officials seem to think tree-killing bugs have a right to life.

Forest-managing entities working cooperatively on a contract to exterminate the bugs include: Colorado Parks and Wildlife, responsible for the 1,260-acre Cheyenne Mountain State Park; Colorado Springs Parks and Recreation, responsible for 2,132 acres of city-owned forest; NORAD, which manages 400 acres; Broadmoor Bluffs Subdivision, with 291 acres; Broadmoor Resort, 146 acres; Broadmoor Expanse, 1,677 acres; Cheyenne Mountain Zoo, 81 acres, and El Pomar with 140 acres.

“The only party I know of that is not interested is the U.S. Forest Service,” said Dan Prenzlow, southeast regional manager of Colorado Parks and Wildlife. “They have 1,300 acres touching all the rest of us.”

The Forest Service remains adamantly against spraying, saying that nature should take its course:

Oscar Martinez, district manager for the Pikes Peak District of the U.S. Forest Service, said there is no chance the federal agency will join the eight other entities killing bugs. Even if federal officials could be convinced to change their minds, Martinez said, the federal government would require so much environmental assessment that nothing could be done in time to make a difference.

“If you bought a house up there with big trees, and you moved here for those big trees, I understand the concern,” Martinez said. “But there is a natural cycle of forest disturbance that must be allowed to occur as part of responsible forestry management.”

By letting nature run its course, Martinez said, dead and dying trees can “release the vegetation that was suppressed by the tree cover. If you look at butterflies, they are tied to flowering plants that are suppressed by trees.”

Martinez said a naturally occurring bacteria detected by federal foresters stands to kill many of the bugs over the coming year, which should save a lot of trees. But Prenzlow said federal officials told state officials two years ago the bugs would begin dying naturally. They remain alive and well.

“We’re going into our third year and the bugs have not died. The trees are struggling and dying, so we’re going to spray,” Prenzlow told The Gazette.

***

A lot of energy is going to pot–literally:

Attendees learned that Xcel Energy, which serves most of urban Colorado, sells some 300 gigawatt hours of electricity to pot growers per year, or enough to power some 35,000 homes. The U.S. marijuana-growing industry could soon buy as much as $11 billion per year in electricity.

One study estimates that it takes as much energy to produce 18 pints of beer as it does just one joint. The data are alarming, and will only get more so as legalization spreads. But legalization, if approached correctly, also opens doors of opportunity. The biggest guzzlers of electricity also hold the most potential for realizing gains via efficiency.

Back in 2011, a California energy and environmental systems analyst, Evan Mills, published a paper quantifying the carbon footprint of indoor cannabis production. That footprint, he discovered, was huge. His findings included:

While the U.S. pharmaceutical sector uses $1 billion/year in energy, indoor cannabis cultivation uses $6 billion.

Indoor cannabis production consumes 3 percent of California’s total electricity, 9 percent of its household electricity and 1 percent of total U.S. electricity (equivalent to 2 million U.S. homes per year).

U.S. cannabis production results in 15 million tons of greenhouse-gas emissions per year, or the same as emitted by 3 million cars.

Cannabis production uses eight times as much energy per square foot as other commercial buildings, and 18 times more than an average home.

Time to stop before I write any more doobie-us puns. Have a great weekend!

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.

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.

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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.”

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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.

Salazar approved solar project a bust

October 2, 2011 by Amy · Comments Off
Filed under: Archive, New Energy Economy 

Almost a year ago to the day the Department of Interior issued a press release boasting that Secretary Ken Salazar had “approved the first large-scale solar energy plants ever to be built on public lands.”

As with Obama administration renewable energy initiatives, there were the promises of massive amounts of electrical power and “green jobs.”

the U.S.-based companies [will have] access to almost 6,800 acres of public lands for 30 years to build and operate solar plants that could produce up to 754 megawatts of renewable energy, or enough to power 226,000 – 566,000 typical American homes. The projects will generate almost 1,000 new jobs.

One of the major players was Arizona-based Stirling Energy Systems out of Scottsdale, which was to provide the technology for Tessera Solar of Texas to move forward with the massive Imperial Valley Solar Project in Imperial County, California.

What a difference a year makes. Stirling Energy Systems (SES), a manufacturer of mirrored solar dishes, just filed Chapter 7 bankruptcy meaning it will close its doors, cease all operations, and liquidate any remaining assets.

Warning signs appeared shortly after Salazar’s announcement. In December 2010, GreenTech Media reported in an article titled “Are Stirling Energy, Tessera Solar in Trouble?”

Days after getting an administrative reprieve for a massive solar project, things aren’t looking so hot for Stirling Energy Systems and its development partner, Tessera Solar.

Steve Cowman, who was the CEO at SES until recently, has left the company, as have a number of other executives. Meanwhile, Tessera laid off between 50% to 80% of its employees last month, according to sources. Rumors began percolating about problems at the companies, which work together and are part of an Irish conglomerate called NTR, last month.

Despite a $7 million grant from the federal government, SES needed more cash and couldn’t secure it. Kirk Busch, “chairman of AZ4Solar.org, a Tempe-based trade group that advocates solar energy” and creditor of SES, told Arizona Central that the math didn’t add up and neither did the technology. Busch called it “still a science project.”

AZCentral reports that SES lists $1 to $10 million in assets and $50 to $100 million in liabilities, with hundreds of creditors.

The Imperial Valley Solar Project has changed hands twice and is also plagued by lawsuits including one from Native Americans who claim the project will harm sacred cultural sites. The future of the project, which appeared uncertain back in June, now has gotten darker.

Another green project with federal backing gone bust.

Thank you to a reader who provided the SES bankruptcy tip. If you have an energy story or tip, email amy@i2i.org.