February 18 Colorado Energy Cheat Sheet: Costly Clean Power Plan event video; EPA Animas River spill gets Congressional scrutiny; fracking ban off 2016 ballot
Filed under: CDPHE, Environmental Protection Agency, Hydraulic Fracturing, Legal, Legislation, regulations
The Independence Institute and the Competitive Enterprise Institute joined forces on February 16 in Denver to provide an update on the Environmental Protection Agency’s costly Clean Power Plan, including where the rule stands with regard to the U.S. Supreme Court stay issued earlier in February, as well as the impact of the death of Associate Justice Antonin Scalia on the ongoing legal proceedings.
The Environmental Protection Agency’s Clean Power Plan rules will slow the Colorado economy, raise electricity rates and barely make a dent in carbon dioxide emissions, opponents and experts on the plan told an audience at the Independence Institute on Tuesday.
“Clean power alone will add billions if not tens of billions of costs to individual consumers and the American economy,” said Gregory Conko, executive director of the Competitive Enterprise Institute.
Myron Ebell, CEI’s director of the Center for Energy and Enviroment released a state-by-state comparison showing Colorado’s 9.49 cents per kilowatt hour is lower than the national average of 10.11 cents. But he said California, which has extensive power plant regulation and has consumers paying 15.11 cents, is a warning for the rest of the country if the Clean Power Plan is instituted.
“This is about keeping the lights on for America’s economy, for Colorado’s economy,” he said, adding any additional costs for energy will take away consumer purchasing power for other goods.
Keeping the lights on and the cost of electricity–the energy that drives our economy.
What happens when costs of electricity go up? It hurts the average Coloradan; the ratepayers and taxpayers already pressured by an economy that has never fully recovered from the recession that have seen their electricity bills skyrocket 63 percent between 2001 and 2014, and Colorado overall, across all sectors from residential to commercial, industrial, and transportation, of 67 percent:
Those cost increases are being felt, not the least by folks in southern Colorado.
Regulations impact economies, and officials at a hearing in New Mexico on proposed Bureau of Land Management rules got an earful:
“The implementation of these proposed rules will kill revenue to state and federal government,” said Farmington Mayor Tommy Roberts. “And it will kill jobs at the local level.”
To find the source of Farmington and San Juan County, New Mexico, residents’ frustration, one doesn’t need to look far. Last week, the Bureau of Labor Statistics released a report that showed the area ranked first in the nation in the rate of unemployment growth – from 5.2 percent in 2014 to 7.3 percent in 2015. Since 2009, the region has lost an estimated 6,000 jobs, mainly as a result of a declining oil and gas industry.
“I’ve seen the affects in my community,” said Bloomfield Mayor Scott Eckstein. “This will be a knock-out blow to an already-crippled community.”
In January, the BLM proposed an update to 30-year old regulations on methane and natural gas leaks on BLM and Native American lands. BLM officials estimate the tougher regulations would reduce emissions of the potent methane by about 169,00 tons per year, and decrease volatile organic compound releases by 410,000 tons per year. That reduction would be in keeping with an earlier Obama Administration goal of reducing methane emissions by 45 percent from 2012 levels by 2015.
In March of last year, I had the privilege of traveling to northwest Colorado to film AEA’s “Eye of the Storm” video which chronicled the threats radical environment activists were making against the communities of Craig and Meeker. Thankfully, with your help, we were able to convince the federal government that the Colowyo mine should stay open. Unfortunately, the mine and these communities are under threat yet again.
While in Craig and Meeker, Colorado, I was blown away by the people that I met. Every person knew just how important energy is to their community. From the mayor to the hotel concierge, every single person I spoke with had a personal story about how the energy their community produces and responsibly utilizes makes their lives better. And as many miners pointed out to me, their work provides affordable, reliable energy to the entire region.
Visiting the Colowyo mine was a surreal experience. At first, you drive up a winding dirt road through checkpoints, until you finally reach the mining area. Colowyo is a surface mine situated between the towns of Craig and Meeker. Cresting the ridge and looking down on the pit, you see these bright yellow trucks scurrying around with dirt and coal, but from that distance you can’t tell how massive they are. Realizing the immense scale of this project and the work these men and women do every day is profound—and in a way, beautiful.
One real surprise to me is that soon after stepping out of the truck at the mine, I noticed wildlife. You do not expect to visit a mine and see elk, antelope, deer, and even an owl, but I saw all four within the first hour of our time there. The staff pointed with pride to the areas that had been previously been mined, but were now restored and how well the land and wildlife were thriving
The literal ban on fracking is out, but 10 more state constitutional amendments remain, including a “right to a healthy environment”:
“We’re going to pull the one that’s the ban, not the other ones,” Dyke told the Denver Business Journal on Friday. “We’re down to 10, but we still have plenty to work with.”
But while a proposal to ban fracking statewide may be off the table, the other initiatives backed by CREED are just as bad, said Karen Crummy, a spokeswoman for Protecting Colorado’s Environment, Economy and Energy Independence, an issues committee formed by the industry in 2014 to oppose anti-fracking initiatives.
“They withdrew it (the fracking ban proposal) because they know the vast majority of Coloradans support responsible oil and natural gas development and are against banning an entire industry,” Crummy said via email.
“However, their remaining proposals are just as irresponsible and extreme because they would still effectively ban development,” she said.
The other amendments, calling for 4,000 foot setbacks away from “special concern” areas along with the healthy environment proposal remain de facto fracking bans, and in most cases, include all oil and gas development not just the controversial hydraulic fracturing method.
For example, proposal #67:
Section 1. Purposes and findings. THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE:
(a) THAT OIL AND GAS DEVELOPMENT, INCLUDING BUT NOT LIMITED TO THE USE OF HYDRAULIC FRACTURING, HAS DETRIMENTAL IMPACTS ON PUBLIC HEALTH, SAFETY, WELFARE, AND THE ENVIRONMENT;
(b) THAT SUCH IMPACTS ARE REDUCED BY LOCATING OIL AND GAS DEVELOPMENT FACILITIES AWAY FROM OCCUPIED STRUCTURES AND AREAS OF SPECIAL CONCERN; AND
(c) THAT TO PRESERVE PUBLIC HEALTH, SAFETY, WELFARE, AND THE ENVIRONMENT, THE PEOPLE DESIRE TO ESTABLISH A SETBACK REQUIRING ALL NEW OIL AND GAS DEVELOPMENT FACILITIES IN THE STATE OF COLORADO TO BE LOCATED AWAY FROM OCCUPIED STRUCTURES, INCLUDING HOMES, SCHOOLS AND HOSPITALS; AS WELL AS AREAS OF SPECIAL CONCERN.
Section 2. Definitions.
(a) FOR PURPOSES OF THIS ARTICLE, “OIL AND GAS DEVELOPMENT” MEANS EXPLORATION FOR AND DRILLING, PRODUCTION, AND PROCESSING OF OIL, GAS, OTHER GASEOUS AND LIQUID HYDROCARBONS, AND CARBON DIOXIDE, AS WELL AS THE TREATMENT AND DISPOSAL OF WASTE ASSOCIATED WITH SUCH EXPLORATION, DRILLING, PRODUCTION, AND PROCESSING. “OIL AND GAS DEVELOPMENT” INCLUDES, BUT IS NOT LIMITED TO, HYDRAULIC FRACTURING AND ASSOCIATED COMPONENTS.
Judge the activists by their words–they want bans or regulations so onerous as to yield the same results. This isn’t just about a fracking ban, although the most explicit amendment calling for a statewide ban has just been pulled. Make no mistake–this is about the wholesale removal of responsible natural resource extraction that gives Coloradans affordable and reliable energy.
Windsor High School junior Kamille Hocking worried a dozen oil wells on her family’s 132-acre Colorado homestead might sicken them. Then, Rebecca Johnson, an Anadarko Petroleum Corp. engineer, used a blender in her chemistry class to show the interaction of swirling frack sand, city water and friction reducer.
“We heard a lot of stories about how it could get into the water and pollute the land,” said Hocking, who is 16. “I’m going to tell my parents that fracking fluid only makes cracks in the rock the size of a hair that the sand gets into and holds open.”
Facing 10 possible ballot initiatives restricting fracking, Anadarko has deployed 160 landmen, geologists and engineers such as Johnson to Rotary clubs, high schools and mothers groups. They demonstrate how drilling works and try to convince people that the technique and the accompanying chemicals and geological effects don’t harm the environment or public health.
The wide-ranging outreach in Colorado, the nation’s seventh-biggest oil producer and sixth-largest gas provider, represents a policy shift. The energy industry that has been known for insisting on confidentiality from employees about fracking practices now allows geologists, landmen and colleagues in 40 Anadarko job categories to divulge details of what they do to their churches, neighbors and golfing buddies.
Johnson, who’s personal motto is “faith, family and fracking,” told students in Windsor that she’s supervised 1,000 fracks in the course of her 24-year career without harm to the environment.
“I live right here,” Johnson said when she visited the school 60 miles (97 kilometers) north of Denver this month. “My family is here. My mother-in-law graduated from your high school. She turns 80 this year. We would know if something’s wrong.”
Real facts from the folks who live and work in the communities in question.
More rulemaking on the way, regardless of which amendments make the 2016 ballot:
Fresh off some recent rulemaking, Colorado’s oil and gas regulatory agency is turning its attention to one of the most persistent complaints from people living near extraction operations: noise.
The Colorado Oil and Gas Conservation Commission is in the process of gathering technical data from state health experts, industry officials and third party consultants regarding noise, its health impacts and mitigation measures, said Dave Kulmann, COGCC deputy director.
Since discussions are still in the early stages, no date is set for when formal rulemaking might start, although it will likely be some time late in 2016. Kulmann said the agency wants to gather the technical data before speculating on which specific aspects of the current regulations might be beefed up, but it is clear, he said, that noise is an issue.
In 2015, after implementing a new complaint process on Jan. 9 of that year, the COGCC received a total of 330 complaints on issues ranging from odors to traffic problems to property damage, according to a detailed complaint report compiled by COGCC. Of the total complaints, 123 were due to noise.
The Gold King Mine and Animas River spill–and the EPA–are still under scrutiny, even if the prominent news coverage has waned:
If a private company dumped three million gallons of toxic sludge into Colorado waterways, we’d be flooded with daily media updates for months. Yet the press has by now forgotten the disaster unleashed in August when EPA contractors punctured an abandoned mine. New evidence suggests the government isn’t coming clean about what happened.
EPA planned its disastrous investigation of the mine for years, not that you’d know: The agency assumed a layout of the area that contradicted public records, including the remarkable conclusion that a drain ran near the ceiling of the mine’s entrance. This led EPA to believe that water backed up only about half the tunnel. The agency didn’t test the water pressure, a precaution that would have prevented the gusher. EPA hasn’t explained this decision, and emails obtained by the committee show the on-site coordinator knew there was “some pressure.”
The crew made more bad decisions than characters in a horror movie. About a week before the blowout, the on-site coordinator went on vacation and left instructions that his replacement seems to have ditched. For example: Don’t dig toward the tunnel floor unless you have a pump handy. The crew pressed downward without a pump and intentionally unearthed the mine’s plug. “What exactly they expected to happen remains unclear,” the report concludes. The Interior Department now euphemistically calls this series of events an “excavation induced failure.”
EPA is so far suggesting that no one committed crimes, and maybe so. But consider: EPA cranked out a report three weeks after the disaster and said the Interior Department would conduct an independent review that the Army Corps of Engineers would sign off on. EPA testified to the committee that Interior would look for wrongdoing, though Interior said the department was only offering technical support.
January 13 Colorado Energy Cheat Sheet: Oil and gas drive Colorado’s economy, but outlook uncertain; Western Slope feels effects of regulation; WOTUS repeal?
Filed under: CDPHE, Environmental Protection Agency, Hydraulic Fracturing, preferred energy, renewable energy, solar energy
Oil and gas development contributes a rather large percentage to Colorado’s economic condition, and new numbers confirm its continued importance to the state:
A new economic report shows that oil and gas development contributed billions to Colorado’s economy in 2014 generating benefits that researchers conclude “impact every citizen in the state.”
Prepared by the Business Research Division of the Leeds School of Business, University of Colorado Boulder, for the Colorado Oil and Gas Association (COGA), the report details how oil and gas development contributed $31.7 billion in total economic impact to Colorado’s economy in 2014, along with “supporting 102,700 jobs and $7.6 billion in compensation.” From the report:
“The oil and gas industry, along with nearly all extraction industries, inherently provides substantial economic benefits due to its integrated supply chain, high wage jobs, and propensity to sell nationally and globally. Much of Colorado’s oil and gas is sold outside of the state, contributing wealth to owners, employees, governments, and schools, all of which are beneficiaries of oil and gas revenues.” emphasis added
The state’s oil and gas development would be crippled if newly proposed ballot measures calling for a ban on hydraulic fracturing and other regulatory limits are passed in 2016.
Lower oil commodity prices–a drop from $90 per barrel in 2014 to roughly $30 per barrel in January 2016 means great prices at the pump, but not good news for Colorado’s oil and gas workers:
KUSA – Oil is in an all-out freefall, dropping from roughly $90 dollars a barrel at the end of 2014 to just more than $30 per barrel Tuesday.
It’s enough to make you wonder if the industry is starting to panic.
Colorado Oil and Gas Association president and CEO Dan Haley said when commodities drop, challenges emerge.
“You’ll see some restructuring, you’ll see some tightening of jobs,” Haley said, adding that in 2015, about 2,000 people lost their jobs due to falling oil prices.
The full fallout is not likely to be known when or if the price has hit bottom, or begins to rebound, in the short or long term. Rig numbers are down and students at Colorado School of Mines are worried about the future of the industry, according to the article.
A report on job creation tied to a “100% renewables” future is looking a little damaged, according to the folks at Energy in Depth:
A Stanford professor who claims a transition to 100 percent renewables would be a major job creator has scrubbed his website of data showing significant long-term job losses from such a plan, according to a new review by Energy In Depth. Online records show that the professor, Dr. Mark Jacobson, edited his documents just hours after an Energy In Depth report revealed how the transition to 100 percent renewables would cause a net loss of more than 1.2 million long-term jobs, based on data pulled directly from Dr. Jacobson’s website.
The decision to alter his own data could raise additional questions about Dr. Jacobson’s plan for a 100 percent renewables energy system, a plan that has already faced significant criticism from the scientific and environmental communities.
Even if the jobs were there, as Dr. Jacobson contended, not everyone on the left is on board the “100% renewables” bandwagon:
Earlier this week, Dr. Jacobson granted a separate interview to the left-wing blog Daily Kos, which gave him a forum to respond to Energy In Depth’s report. But Dr. Jacobson likely did not anticipate another Daily Kos blogger criticizing his 100 percent renewables plan as impractical. In a comment posted to the article including Dr. Jacobson’s interview, an environmental blogger said that “no electric utility is ever going to adopt Jacobson’s plan” because, among other things, the “wind power component of Jacobson’s plan cannot be relied upon for reliable electric power generation and supply.”
Two Colorado Republicans reacted to President Barack Obama’s final State of the Union address and in particular the plight of Colorado’s Western Slope communities hit hard by the administration’s regulations:
U.S. Rep. Scott Tipton, R-Colo., whose 3rd Congressional District trails the rest of the state in the economic recovery, said the president would do well to visit his district.
“I would invite him to visit Craig or Delta,” Tipton said in an interview. “They have lost good-paying jobs and are struggling right now.”
Both communities in Colorado’s 3rd Congressional District have been hard-hit by coal-mine closures. Arch Coal, a major coal supplier and employer on the Western Slope, declared bankruptcy on Tuesday, before the speech.
“The president talked about significant government interference in the marketplace that will most likely imperil jobs on the West Slope of Colorado,” said U.S. Sen. Cory Gardner, R-Colo.
Speaking of Arch Coal’s bankruptcy:
Arch Coal Inc.’s bankruptcy filing Monday signals that the coal industry’s shakeout is entering a crucial phase, which will result in more small, unlisted mining companies, record numbers of mines for sale and lower wages for workers.
Over a quarter of U.S. coal production is now in bankruptcy, trying to reorganize to cope with prices that have fallen 50% since 2011, battered by competition from natural gas and new environmental rules. Arch, the biggest domino to fall so far, is trying to trim $4.5 billion in debt from its balance sheet.
Competitors Walter Energy Inc., Alpha Natural Resources Inc., and Patriot Coal Corp. all filed for court protection last year.
But bankruptcies only spell death for current corporate structures, not necessarily the mines they operate. And the U.S. still gets 34% of its electricity from coal, according to the Energy Information Administration, and that number is still expected to be around 30% by 2030. “The question is, what is that 30% going to look like?” says Steve Nelson, chief operating officer at Longview Power LLC, a 700-megawatt coal-fired plant in northern West Virginia.
Market-driven changes are good–the transition from coal-heavy electricity to natural gas is not a problem, and beneficial to the environment–when done without government mandates. Onerous regulations designed to put coal out of commission, from fuel switching initiatives in Colorado to the Environmental Protection Agency’s Clean Power Plan, are not beneficial to the country’s economy and to the individuals and communities impacted by layoffs and dislocation, as well as skyrocketing residential electricity rates.
Should be an interesting event and will definitely address some of the impact to Colorado of recent commodity downturns in oil:
By: Vital for Colorado
Join us in discussing lifting the U.S. Oil Export Ban and what it means to Colorado. Our esteemed panel includes U.S. Representative Ed Perlmutter (D) CO and U.S. Representative Ken Buck (R) CO, Christopher Guith, U.S. Chamber of Commerce’s Institute for 21st Century Energy, Geoff Houlton, Dir. of Commodity Fundamentals Anadarko Petroleum Corp., John R. Grizz Deal, CEO IX Power Clean Water, and Craig W. Van Kirk, Professor Emeritus Petroleum Engineering Colorado School of Mines. This is a free event but registration is encouraged.
Thursday, January 21, 2016 from 5:30 PM to 7:30 PM (MST) – Add to Calendar
Colorado School of Mines Green Center – Bunker Auditorium – 924 16th Street Golden, CO 80401 – View Map
The Independence Institute is not affiliated with the event.
The EPA’s Waters of the United States rule is facing legislative repeal, subject to President Obama’s veto:
House lawmakers are poised to pass legislation repealing what is probably the Environmental Protection Agency’s (EPA) most hotly contested regulation: an attempt to expand its authority over bodies of water across the country.
The House will vote Wednesday on a bill that would repeal the EPA’s so-called Clean Water Rule under the Congressional Review Act — a law that allows Congress to vote down executive branch regulations. EPA’s water rule has been heavily criticized by lawmakers who see it as a huge expansion of government power and could mean more regulations for private landowners.
“We want them to go back and do a new rule,” Ohio Republican Rep. Bob Gibbs told The Daily Caller New Foundation in an interview. Gibbs sent a letter to House leadership last year asking them to defund EPA’s water rule in the 2016 budget bill.
The Senate passed a bill repealing EPA’s water rule in November, sparking huge outcry from environmentalists who support more federal control over bodies of water. The House is likely to pass the repeal with bipartisan support, sending it to President Barack Obama.
January 6 Colorado Energy Cheat Sheet: fracking foes awaken; legislative session promises energy battles; EPA and Gold King Mine saga
Filed under: CDPHE, Environmental Protection Agency, Hydraulic Fracturing, Legislation, preferred energy, regulations, renewable energy
Let’s start with the obvious–the anti-fracking forces have reignited their campaign to ban hydraulic fracturing, and want to do away with property rights too, according to this Gazette editorial:
CREED, an umbrella of sorts for anti-energy activists, wants an outright ban on fracking with a proposal known as Initiative 62. In addition to banning all fracking, the measure would prevent compensation of mineral owners for financial losses incurred by the elimination of fracking.
The measure states, in part: “The prohibition of hydraulic fracturing is not a taking of private property and does not require the payment of compensation pursuant to sections 14 and 15 of Article II of the Colorado Constitution.”
In other words, they want eminent- domain-by-mob without due process or just compensation. The U.S. Constitution, thankfully, prohibits voters from taking private property or negating its value. Voters have no more authority to eliminate mineral rights than to end same-sex marriage. Federal law will prevail.
Initiative 63 would establish an “Environmental Bill of Rights,” suggesting local governments have all sorts of newfound authority to ban energy production on private property. Initiative 65 would impose 4,000-foot fracking setbacks from buildings and homes.
As the editorial correctly point out, these anti-energy measures will drive a wedge between leftwing activists and mainstream Democrats, just as they threatened to do in 2014, before Gov. John Hickenlooper threw his policy Hail Mary to halt any chance of a Dem split.
The Denver Business Journal has a quick rundown of the 11 proposed initiatives.
Which brings us to billionaire activist Tom Steyer. From our new energy policy analyst, Simon Lomax:
Steyer’s track record further suggests he won’t be limited to the presidential contest in Colorado or the effort to reelect Bennet, who served as chairman of the Democratic Senatorial Campaign Committee two years ago. Before holding talks with Colorado’s anti-fracking groups about statewide ballot measures in 2014, Steyer called for a fracking ban in his home state of California, which could only be lifted on a county-by-county basis with a two-thirds popular vote. Steyer’s views are very close to those of anti-fracking groups in Colorado, who have proposed a mix of statewide and local bans for the 2016 ballot. Steyer and Rep. Polis – who championed the 2014 anti-fracking measures before they were pulled – are “kindred spirits,” according to a top adviser to the California billionaire. Steyer has a long history with ballot initiatives in California, and is already backing a 2016 measure in Washington state to impose a carbon tax.
Along with ballot measures, Steyer also has a history of throwing his money into state legislative races. In 2014, for example, he poured money into Washington and Oregon trying to win seats for Democrats. In some cases, NextGen Climate did not spend the money directly – it was given to environmental groups like Washington Conservation Voters and the Oregon League of Conservation Voters. NextGen Climate also gave generously to the national League of Conservation Voters for campaigning in Oregon, Washington and several other states, with the group’s president telling The Washington Post, “There’s not a day that goes by that someone on our team doesn’t talk to someone on the Steyer team.”
Which brings us back to Conservation Colorado. If swaying state legislative races is part of Steyer’s plan, he could not find a better partner than Conservation Colorado. The group spent more than $950,000 on Colorado elections in 2014, and appears to have hit the ground running in 2016. In a little-noticed move, Conservation Colorado gave $10,000 to Fairness for Colorado, a 527 political organization, in September 2015. According to state records, Fairness for Colorado – which focuses on economic issues and social welfare, not the environment – has already spent almost $11,000 with a Denver direct-mail firm.
Simon’s article has tons of links for all the relevant information, plus plenty more on Steyer and Democratic efforts in Colorado in 2015 and 2016.
The fracking battle will also continue in the legislature with liability for earthquakes laid at the feet of resource developers:
Democratic state Rep. Joe Salazar wants to hold drillers responsible for any earthquakes they trigger that cause property damage or physical injury.
Salazar says residents in his Adams County district are worried about a fracking group’s plans to place 20 oil and gas wells in neighborhoods there.
“These were people who were concerned for their children,” Salazar said. “They were concerned for their community. They were concerned about the environment. They’re concerned about their clean water and clean air.”
But state Sen. Ray Scott, R-Grand Junction, says liability would be difficult to prove. He also says that Colorado already has strict environmental guidelines – and he cautions against targeting an industry that provides a great deal of revenue to the state.
“How much longer do you want to stand on the throat of the oil and gas industry to limit that amount of money that’s being generated by the state of Colorado?” Scott said.
But even Rep. Salazar doesn’t think an outright ban on fracking–as some on his side have demanded, will work, and responses to any proposed ban are also in the works:
State Rep. Joseph Salazar, D-Thornton says he doesn’t think increased oil and gas regulation should be handled with constitutional amendments. Nor does he think an outright ban on fracking will fly. But he believes that the Legislature can do more to protect residents from the impacts of drilling.
“An outright ban, that’s just not going to work,” Salazar told The Statesman. “I understand that mineral rights owners have property rights, and that’s a taking. But that doesn’t mean that we can’t be safe about it by studying the effects and implementing good safety measures to ensure that when people want to exercise their mineral rights that they’re not adversely affecting their neighbors.”
State Sen. Jerry Sonnenberg, R-Sterling, said he’s ready to sponsor his own initiative similar to one he backed in 2014 that would prevent any local government that bans oil and gas production from receiving state tax revenues generated by the industry.
“I pushed pretty hard for us not to cave on that for fear that we’d be going down this same path in 2016 that we were in 2014,” Sonnenberg said, referring to the decision to pull two industry-backed ballot questions as part of the 2014 Hickenlooper-Polis compromise. “Rest assured, I will not be silent on this issue. Whatever I need to do, I will be out front.”
Other legislative efforts will be focused on the fallout of the Environmental Protection Agency’s Gold King Mine spill:
She [Sen. Ellen Roberts, R-Durango] is also working on bills in the wake of the inactive Gold King Mine spill, in which an error by the Environmental Protection Agency caused an estimated 3 million gallons of mining sludge to pour into the Animas River on Aug. 5.
One proposal comes out of an interim water resources committee that has suggested a resolution that would encourage Congress to pass “good samaritan” legislation, which would reduce the liability associated with private entities conducting mine reclamation work.
Roberts would also like to address jurisdictional issues between states in the wake of Gold King. The incident impacted several states, including neighboring New Mexico. State agencies found it difficult to work with one another because of legal roadblocks. Roberts has proposed legislation that would eliminate some of those barriers through intergovernmental agreements.
“When minutes matter, you need a clearer pathway,” she said.
But deciding anything with regards to the EPA Gold King Mine spill might be difficult, as The Daily Caller explains:
A definitive explanation for what caused the Gold King Mine disaster may never be known if the Environmental Protection Agency is not investigated just as a private company responsible for the calamitous spill would be, according to a former enforcement agent.
The EPA accepted blame for the Aug. 5, 2015, leak that poisoned drinking water in three western states and the Navajo Nation with three million gallons of toxic mining waste, but no officials have been named as responsible or punished. Similar previous environmental disasters, however, were subjects of criminal investigations that led to severe public penalties for those responsible.
“You may not learn about it unless you engage in a criminal investigation,” Heritage Foundation senior legal research fellow and former EPA criminal enforcement special agent Paul Larkin told The Daily Caller News Foundation.
And the EPA isn’t done with mining either, with backing from the usual anti-energy suspects:
The Environmental Protection Agency is proposing toughening its requirements for measuring methane emissions from underground coal mines, a move that would result in some added expenses for testing and could bolster calls for regulating the emissions.
The agency recently unveiled a proposal it says will streamline — and improve the data quality of — its greenhouse gas reporting rule, which applies to a number of industries.
In the case of underground coal mines, it would no longer let them use data from quarterly Mine Safety and Health Administration reports for reporting the volumes of methane vented from mines.
Ted Zukoski, an attorney with the Earthjustice conservation group, praised the proposal as one that will provide better information on Colorado coal mines and address a major source of climate pollution.
“Methane is a greenhouse gas on steroids — it’s up to 80 times more potent than (carbon dioxide) as a heat-trapping gas over the short term. And coal mine methane is a big issue in Colorado because coal mines in the North Fork Valley are some of the gassiest in the U.S. It’s important for EPA — and the public — to have an accurate picture of this pollution, particularly after the climate accord in Paris, which put a major emphasis on transparency around climate pollution,” he said.
Another piece from Simon, this time on the Paris climate deal and our own Sen. Michael Bennet:
Of the 26 Senate Democrats who voted with Republicans in 2009 to put the brakes on cap-and-trade, nine are still serving.
Avoiding a debate over the Paris climate agreement and its impact on energy prices, jobs and the economy is a great deal for them—especially U.S. Sens. Patty Murray, D-Wash., and Michael Bennet, D-Colo., who are running for re-election in November 2016. As things stand, they can just hunker down and let the EPA do its thing.
But it’s a lousy deal for the blue-collar and rural constituents who voted for these senators. Their concerns about the economy, energy prices, and jobs were front and center during the cap-and-trade debate, and they should be front and center again after the Paris climate agreement. Instead, these voters have been left in the cold while environmental groups toast themselves and whatever they think was achieved in Paris.
Finally, your poop may be keeping the lights on:
The wastewater treatment plant in Grand Junction, Colo., takes in 8 million gallons of raw sewage — what’s flushed down the toilet and sinks.
Processing this sewage produces a lot of methane, which the plant used to just burn off into the air.
The process was “not good for the environment and a waste of a wonderful resource,” says Dan Tonello, manager of the Persigo Wastewater Treatment Plant.
Now, using more infrastructure, the facility refines the methane further to produce natural gas chemically identical to what’s drilled from underground.
The biogas–a delicate term–is renewable.
December 30 Colorado Energy Cheat Sheet: the anti-fracking force awakens; EPA receives a lump of coal in its budgetary stocking; pot is not green
Filed under: CDPHE, Environmental Protection Agency, Hydraulic Fracturing, Legislation, regulations, renewable energy, solar energy, wind energy
As promised, the anti-energy, anti-fracking folks have delivered nearly a dozen ballot initiatives that focus on either banning hydraulic fracturing altogether or a host of other setback measures.
The group has cleverly dubbed themselves Coloradans Resisting Extreme Energy Development, or CREED, likely to inspire confusion among voters who might be only familiar with Coloradans for Responsible Energy Development, or CRED:
Each of the constitutional amendments would need signatures from 98,492 registered Colorado voters to get on November’s ballot.
A review-and-comment hearing on the language of the ballot questions is set for at 1:30 p.m. Jan. 5 in Room 109 at the Capitol.
“If the state will not adequately protect Coloradans and communities, then we, the people of Colorado, must do it, and that requires a change to Colorado law,” Tricia Olson, CREED’s executive director, said in a statement.
“Our beautiful state should not be overwhelmed by wells, pads and other industrial oil and gas operations plunked down next to neighborhoods and schools.”
As the Post points out, these measures would toss the efforts of Governor John Hickenlooper’s grand pragmatic strategy to develop and cultivate the blue ribbon commission that existed in 2014-15, narrowly averting a previous slate of anti-fracking measures brought forward in 2014 that Democrats feared would threaten the midterm election that cycle.
But the supporters of the 2014 measures felt that Hickenlooper’s attempts to find “balance”–his words–on fracking in Colorado did not go far enough, and felt betrayed when the measures were pulled. Continued efforts on this issue could once again upset a delicate situation for Democrats in the state split between development and anti-energy, more left-leaning Democrats.
The Independence Institute will be tracking these measures throughout the year in 2016, and will provide regular updates on ballot specifics, tracking ballot measure progress, and weighing in when and where appropriate.
The Environmental Protection Agency’s Christmas stockings weren’t as full this year as they would have liked, instead getting a lump or two of coal, so to speak:
The EPA received $8.1 billion or $451 million less than Mr. Obama had demanded, and no increase from the year before. Congress has cut the EPA’s allowance by $2.1 billion, or 21%, since fiscal 2010. This has forced the EPA to cut more than 2,000 full-time employees over the same period, and its manpower is now at the lowest level since 1989 (see nearby chart).
Mr. Obama sought an additional $72.1 million to turbocharge his extralegal climate rule on power plants. That request included $8.3 million for the EPA’s science and technology groups, which do the phony modeling to justify regulations. It also included $68.3 million for the agency’s environmental programs and management department, which is where the minions draft and implement the President’s climate initiatives. Congress denied every penny.
Two thousand fewer EPA officials to harass the American public with onerous regulations? Sounds like a good start (from the WSJ):
There will be plenty of energy battles in 2016, from the Clean Power Plan’s effect on rising electricity costs to anti-fracking ballot measures and beyond. The Independence Institute has already revealed that residential electricity rates in Colorado have skyrocketed 63% between 2001 and 2014, before the CPP or other measures even kick in at the state level.
But this nugget, from July 2015, illustrates just how much the impact of rising electricity costs disproportionately targets those least able to afford it:
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.
The next time someone advocates for higher energy costs through regulation or burdensome energy mandates, remind them who really takes a hit in the pocketbook.
Speaking of folks who like higher energy costs:
A coalition of environmental groups announced earlier this week its intent to take legal action against several federal agencies for extending operations at the Four Corners Power Plant and Navajo Mine just outside Farmington.
On Dec. 21, San Juan Citizen Alliance, among other regional and national conservation groups, filed a 60-day notice of intent to sue the Office of Surface Mining, U.S. Fish and Wildlife Service and others over a July decision to allow the plant to operate until 2041.
“While the rest of the world is transitioning to alternative forms of energy, the Four Corners Power Plant continues to burn coal and will do so for the next 25 years,” Colleen Cooley with Diné Citizens Against Ruining Our Environment said in a news release. “Prolonging coal not only condemns our health and the water, air, and land around us, it undermines our community’s economic future because we are not investing and transitioning to clean energy.”
On the other hand, lawsuits to protect Coloradans from rogue agency actions, like the EPA spill in August, could be on tap in 2016:
DENVER – State legislation has been drafted in an effort to pressure the federal government into quickly settling damage claims stemming from the Gold King Mine spill.
Rep. Don Coram, R-Montrose, said he will carry the bill at the start of the legislative session, which begins next month.
The bill would allow the state to file lawsuits against the federal government on behalf of individuals financially impacted by the Gold King Mine spill.
“It’s authorizing the state of Colorado to sue the EPA in case they renege on their obligation,” Coram said.
He added, “The idea behind the bill is that it encourages them to settle this in a gentlemanly manner.”
It’s not every day that pot and energy end up jointly in the same article, but this revelation may be a real eye opener for a lot of folks, some who steadfastly approve of pot legalization but prefer more renewable forms of energy:
DENVER – Pot’s not green.
The $3.5 billion U.S. cannabis market is emerging as one of the nation’s most power-hungry industries, with the 24-hour demands of thousands of indoor growing sites taxing aging electricity grids and unraveling hard-earned gains in energy conservation.
Without design standards or efficient equipment, the facilities in the 23 states where marijuana is legal are responsible for greenhouse-gas emissions almost equal to those of every car, home and business in New Hampshire. While reams of regulations cover everything from tracking individual plants to package labeling to advertising, they lack requirements to reduce energy waste.
Some operations have blown out transformers, resulting in fires. Others rely on pollution-belching diesel generators to avoid hooking into the grid. And demand could intensify in 2017 if advocates succeed in legalizing the drug for recreational use in several states, including California and Nevada. State regulators are grappling with how to address the growth, said Pennsylvania Public Utility Commissioner Pam Witmer.
“We are at the edge of this,” Witmer said. “We are looking all across the country for examples and best practices.”
Light ‘em if you got ‘em. It’s legal here, ya know.
Looking into the future of Colorado’s oil boom, thanks to the end of the U.S. oil export ban–but only time will tell.
Colorado Energy Cheat Sheet, Christmas Edition: WY report finds fracking ‘unlikely’ in contamination at Pavillion; EPA spill report gives agency a pass; solar industry acknowledges reliance on tax credits
Filed under: CDPHE, Environmental Protection Agency, Hydraulic Fracturing, Legislation, New Energy Economy, preferred energy, renewable energy, solar energy, wind energy
Energy In Depth picks up on the state of Wyoming’s long-delayed and much-expected report on possible fracking-related contamination in Pavillion, Wyoming as alleged by activists and theorized by the Environmental Protection Agency:
The Wyoming Department of Environmental Quality (DEQ) has just released the results of its 30-month investigation into water contamination in Pavillion, Wyoming, and it has concluded that hydraulic fracturing is unlikely to have been the cause. As the report explains,
“Evidence suggests that upward gas seepage (or gas charging of shallow sands) was happening naturally before gas well development.
It is unlikely that hydraulic fracturing fluids have risen to shallower depths intercepted by water- supply wells. Evidence does not indicate that hydraulic fracturing fluids have risen to shallow depths intersected by water-supply wells. The likelihood that the hydraulic fracture well stimulation treatments (i.e. often less than 200 barrels) employed in the Pavillion Gas Field have led to fluids interacting with shallow groundwater (i.e. water-supply well depths) is negligible.” (emphasis added)
As the Casper-Star Tribune put it,
“Samples taken from 13 water wells in 2014 detected high levels of naturally occurring pollution. Test results showed little evidence of contaminants associated with oil and gas production.”
The cost to taxpayers was fairly large, with the state of Wyoming having to pick up from the EPA’s abandoned efforts to link fracking and contamination:
A 30-month state investigation costing more than $900,000 concludes fracking is unlikely to have contaminated drinking water east of Pavillion but leaves many other questions unresolved about the role natural gas operations may have played in polluting the water.
Samples taken from 13 water wells in 2014 detected high levels of naturally occurring pollution. Test results showed little evidence of contaminants associated with oil and gas production.
Those findings, released Friday as part of a report by the state Department of Environmental Quality, come almost four years to the day since the U.S. Environmental Protection Agency released a draft report tentatively linking fracking to polluted water outside this tiny central Wyoming community.
EPA ultimately turned over its investigation to the state in 2013, fearing, as a Star-Tribune report later showed, that it could not defend its initial conclusion.
Not that these conclusions will dissuade anti-fracking activists, who will continue to cite Pavillion even after the determination the connection was “unlikely”:
The DEQ report left several key questions unresolved. While fracking was ruled out as a likely source of contamination, the DEQ report did not completely exonerate Encana Corp., the Canadian company that operates the Pavillion gas field.
Regulators said more research is needed to determine if gas wells have served as a pathway for contaminants reaching drinking water sources. And they noted additional examination is needed of disposal pits in the area, where drilling mud and cuttings have been stored for decades and could have leaked into the groundwater.
But in a sign of Pavillion’s complexity, they said the area’s unique geology might also be to blame. Pavillion’s gas bearing formations are shallow, permeable and relatively close to formations that produce drinking water.
After 30 months, there is some clarity, but Pavillion will remain a contentious narrative as anti-fractivists push forward across the country and in Colorado next year.
Current and former Colorado politicos chime in on the Paris climate change conference:
Former Colorado Sen. Timothy Wirth, known for organizing the 1988 Hansen hearing that helped propel the issue of climate change to national attention, said the Paris agreement marks a turning point in the international community’s commitment to fighting global warming.
“The fact that every country has agreed and nobody is denying the science means that this agreement has a very important science base, which did not occur before, with a real strong consensus around the science,” Wirth said.
Rep. Scott Tipton, R-Cortez, said the Paris agreement would have little realistic impact on limiting some of the world’s biggest polluters and was instead a distraction from more pressing foreign policy issues.
“Once again, the president is attempting to give away the barn by forcing Americans to shoulder the cost for a climate deal that does nothing tangible to limit the world’s biggest polluters like China, India and Mexico,” Tipton said. “The American people would be far better served by an administration that is focused on addressing the national security threats posed by ISIS instead of finding new ways to further punish responsible American energy producers and drive up energy costs on American families.”
Looks like the EPA is trying to skip out on responsibility for the poisonous Animas River spill it triggered in southwest Colorado back in August, according to The Daily Signal:
In their report, the EPA claims it was engaged in only “careful scraping and excavation” with a backhoe outside the mine. “Just prior to finishing, a team noticed a water spout a couple of feet high in the air near where they had been excavating.”
The report goes on to say that the spout (that they just happened to notice) quickly turned into a gusher of yellow toxic water.
It seems the EPA would have us believe the mine erupted on its own (which is like arguing, but, Your Honor, I was just carrying the gun when it went off all on its own!).
The EPA’s report goes on to allege that the mine entrance (or adit) was larger than they “anticipated,” and the “fact that the adit opening was about 2 times the assumed 8 to 10 foot maximum adit height resulted in a closer than anticipated proximity to the adit brow, and combined with the pressure of the water was enough to cause the spout and blowout.”
In other words, the mine did it!
Is it possible that the spill was caused by the EPA being careless? Nope. The authors claim they were digging “to better inform a planned consultation” scheduled for nine days later.
Essentially, the EPA claims that the spill was an act of God, rather than its own fault.
More reports are forthcoming, as well as hearings and other activities, including lawsuits. This spill won’t easily recede from the news any time soon:
DENVER – Congressional Republicans are questioning whether the Environmental Protection Agency interfered with a separate investigation into the Gold King Mine spill after an earlier internal review clashed with other accounts of the incident.
In a letter Friday to EPA Inspector General Arthur Elkins Jr., U.S. Rep. Rob Bishop, R-Utah, chairman of the House Committee on Natural Resources, and U.S. Rep. Louie Gohmert, R-Texas, chairman of the Oversight and Investigations Subcommittee, questioned the timing and substance of recent interviews conducted by EPA officials.
The separate report from the inspector general is not expected until early 2016.
“It was a very narrow focus, and it was incomplete, and there are obvious discrepancies …” Bishop told The Durango Herald at a congressional hearing last week at a mine in Idaho Springs, referencing the EPA’s Aug. 24 internal report. “It raises all sorts of questions about what’s taken place. That’s why we’ve got to start over.”
And La Plata County has tentatively agreed to EPA (taxpayer) funded remediation, which the agency still needs to approve:
A 10-year cooperative agreement in which the Environmental Protection Agency would provide $2.4 million for remedial efforts related to the Aug. 5 Gold King Mine spill received unanimous support from La Plata County Board commissioners on Tuesday.
The federal agency has assumed responsibility for a breach at the abandoned mine portal that sent 3 million gallons of mining wastewater into the Animas and San Juan rivers.
EPA officials have until Feb. 1 to approve, amend or reject the agreement, which includes eight tasks to ensure the future health and safety of the county’s residents and environment. Those include continued work with Wright Water Engineers, which has conducted for the county an analyses on the Animas River’s health, independent of the EPA.
Other initiatives include a real-time water-monitoring system to alert the county of changes in water quality, developing a response plan for future environmental incidents and hiring a contractor for community outreach – to explain pre- and post-spill data to the public.
Sometimes in the course of celebratory effusion, the proponents of renewable energy–in this case, solar advocates begging for an extension of the 30 percent investment tax credit–spill the beans on how much the industry is completely reliant on government subsidies in order not just to be competitive in their parlance, but actually remain “viable” at all (and in Slate, no less):
The solar investment tax credit—in which owners of solar-panel systems get a 30 percent tax credit—was always meant to be temporary and is set to expire next year. [emphasis added] The Republicans in Congress generally favor fossil fuels over renewables, generally oppose anything President Obama is for, and deny the need to deal with climate change. So as fall settled in, investors began to focus on the fact that by the end of 2016, the solar investment tax credit of 30 percent would fall to 10 percent for commercial systems and disappear entirely for home-based systems.
Another problem: Renewable energy is as much about financial engineering as it is about electrical engineering. For solar to work, investors had to believe that the structures rigged up to build solar would stand up over time… [emphasis added]
Next, Washington delivered—defying the conventional wisdom. Newly installed House Speaker Paul Ryan realized that he’d have to negotiate with congressional Democrats if he wanted to get a budget and tax deal before the end of the year. And as they came to the table, another miracle happened: The Democrats held fast. On Dec. 14, Democrats indicated they would be willing to support the Republican-backed effort to lift the ban on oil exports—but only if the Republicans would consent to measures including a multiyear extension of renewable energy credits. It worked. Last Friday, Congress voted to extend the 30 percent solar investment tax credit through 2019, and then to reduce it to 10 percent through 2022.
That move instantly made the U.S. solar industry viable for another six years. [emphasis added] Investors were elated. SolarCity’s stock popped as details of the budget agreement began to emerge and then soared on its announcement. By Friday, the stock was above $56, up about 117 percent from its November low. SunEdison’s stock closed on Friday at $6.51, up 127 percent in a month. The Guggenheim Solar ETF is up about 30 percent from Nov. 19 through last Friday.
God bless us, everyone.
It will cost us, everyone. Except for the solar companies, who are busy carving up the fatted Christmas goose.
December 17 Colorado Energy Cheat Sheet: Environmental ‘Propaganda’ Agency; electric rate hikes called ‘discrimination’; anti-energy activists promise to ‘ratchet up’ efforts
Filed under: CDPHE, Environmental Protection Agency, Legislation, New Energy Economy, regulations, renewable energy, solar energy, wind energy
Some commodity pricing is giving Colorado Xcel ratepayers a temporary reprieve from escalating energy costs:
Xcel said the new rates will result in “significantly lower bills, particularly for natural gas customers, for the second half of the current winter heating season.
“Compared on a year-to-year basis to better gauge the seasonal impacts of weather, both residential and small-business customers’ (natural gas) bills will be approximately 21 percent lower next quarter, when compared to the first quarter of 2015,” Xcel said.
Electricity bills are expected to drop about 5 percent compared to the current quarter, the utility said.
For the most part, Xcel passes changes in commodity prices, and the change in costs associated with supplying power and natural gas, along to customers on a dollar-per-dollar basis.
Commodity prices fluctuate, but the downward trend will be welcome for as long as it sticks around, or until it is offset by higher energy costs elsewhere, due to expensive replacement of baseload power with exotic, renewable energy sources.
The next legislative session should feature quite a few oil and gas battles, with one Democratic State Representative queueing up a bill to attack natural resource producers:
State Rep. Joe Salazar, D-Thornton, plans to introduce a bill in the upcoming legislative session that would force oil and gas companies to compensate residents for any loss in property value tied to drilling activities, including damage done by earthquakes linked to deep-earth wastewater injection wells. But state Sen. Jerry Sonnenberg, R-Sterling, has vowed to block the measure in the Senate.
“If it comes to my committee, I’d do everything I can to make it go away,” Sonnenberg said. “Quite frankly, it’s another serious attempt to run oil and gas companies out of business in Colorado… Everyone knows the pro- oil-and-gas bills go to the House to die and that the anti- oil-and-gas bills go to die in the Senate.”
That’s the response Salazar said he expected.
“This shouldn’t be a politicized fight,” he said last Saturday at a Thornton town hall he convened on the issue. “I believe we (in state government) need to give up some of the power to local governments. They need to be able to police these industries in their area.”
The benefit of a divided legislature is that extreme bills like this will likely not make it too far in the opposing chamber. But the bill will still be heard, and we expect some rhetorical fireworks over legislation similar to this.
Anti-energy activists in our state plan to “ratchet up” their efforts beyond legal means in the near future:
The leader of a national activist organization behind ban-fracking campaigns in Colorado, Ohio and elsewhere is calling on activists to “ratchet up” civil disobedience and begin “filling up jails.”
The comments are from Thomas Linzey, founder of the Community Environmental Legal Defense Fund (CELDF) in an interview he did with Chris Hedges’ Days of Revolt. From the interview:
HEDGES: “Well, you have talked about it as a kind of military operation. Explain what it would look like.”
LINZEY: “Well, I think it means thinking about civil disobedience differently than we’ve thought about it before. So it’s not just to make a moral or ethical statement; it’s actually aimed at stopping the project itself. And that means, I think, successive days. It means rotating people through. It means bringing people in from other places. It means filling up jails.” (emphasis added)
Linzey went on to suggest that the law isn’t really important here:
“I mean, our resistance has to ratchet up, the opposition has to ratchet up our stuff to a point where it’s actually actively interfering with these projects, because if you don’t do that and you rely entirely on the legal process and the legal process is so stacked against you in terms of what municipalities can and can’t do, that at that point you have no other option but to engage in that type of action.” (emphasis added)
Growing frustration on the part of anti-energy activists seems to be fueling (pun intended) a sense of urgency. We hope this amounts to nothing more than bravado, but hope that Colorado’s natural resource developers–our neighbors–stay out of harm’s way.
The Environmental Protection Agency? How about the Environmental Propaganda Agency–says the Government Accountability Office:
Yesterday the Government Accountability Office issued a report concluding that the Environmental Protection Agency (EPA) violated federal law in its use of social media to promote its controversial “WOTUS rule,” redefining the scope of the “waters of the United States” subject to federal regulation under the Clean Water Act. Specifically, the GAO concluded that the EPA violated express limits on the use of appropriations for indirect or grassroots lobbying, and that in doing so, the agency violated the Antideficiency Act.
According to the GAO, the EPA used various social media platforms, including Thunderclap, to develop support for its proposal to expand and clarify the scope of its own regulatory jurisdiction and combat opposition to the rule. The EPA also used social media communications to promote materials supporting the WOTUS rule by environmentalist advocacy groups, including materials that were clearly designed to oppose legislative efforts to limit or block the rule. The GAO labeled these efforts “covert propaganda.” The New York Times had previously documented some of the EPA’s actions.
Good legislation is often larded with bad–pork, paybacks, and wheeling-dealing that makes the whole thing a whole lot less palatable–and the proposed extension of the wind production tax credit and the investment tax credit for solar has the renewable industry singing the praises of the proposed lifting of the oil export ban:
Michael Zarin — head of external communications for Vestas — said via email that the company is “pleased” by the proposed extension.
“As currently structured, the extension and phase-out plan would give the industry the longer-term certainty that we’ve been seeking,” Zarin said. “Together with wind energy’s natural competitiveness against other power generation sources, the PTC extension agreement would help ensure a solid future for wind energy in the U.S.”
The solar industry’s investment tax credit, currently a 30 percent credit for commercial, residential and utility-scale solar power systems, also would be extended and phased down through 2022 under the proposal.
The credit, as proposed, would stay at 30 percent through 2019, and then fall to 26 percent in 2020. It would drop to 22 percent in 2021 and 10 percent in 2022. The bill also offers a commence-construction clause that would extend the credit to any project in development started before the end of 2021 and be finished before the end of 2023.
“We are delighted a five-year extension of the Investment Tax Credit has been included in the omnibus bill,” said Rebecca Cantwell, executive director of the Colorado Solar Energy Industries Association. “We worked hard to get it included, and are working hard to make sure it passes.”
Mining for a photo-op to discuss the fallout of the EPA’s Gold King Mine spill:
IDAHO SPRINGS – The first-ever congressional hearing inside a mine was held Monday, offering a dramatic image of the impact the Gold King Mine spill has had on policy talks.
The Subcommittee on Energy and Mineral Resources held its field hearing inside the Edgar Mine in Idaho Springs, where the panel discussed legislation aimed at training and recruiting engineers to work on mining reclamation efforts.
“This is weird,” said U.S. Rep. Rob Bishop, R-Utah, chairman of the House Committee on Natural Resources, who made his remarks while wearing a hard hat and looking up at rock formations inside the mine, which is used for training by the Colorado School of Mines.
Discussions around mining reform gained momentum after the August Gold King Mine spill, in which an estimated 3 million gallons of old mining sludge poured into the Animas River, turning it a mustard-yellow. The river tested for initial spikes in heavy metals.
Efforts to increase electricity rates in the southwest part of the state were sustained, as a measure to push back failed, with opponents of the rate hike calling the residential-focused increases “discrimination”:
An effort to reverse a decision last month to increase residential electric base rates failed at the La Plata Electric Association’s meeting on Tuesday with a split 6-6 vote.
In November, the board approved on a 6-5 vote a new rate structure that will cost local residents about $5.25 more per month on their electric bills, based on usage. Commercial and industrial users will see an estimated 4 percent decrease on next year’s bills.
However, Tuesday’s main point of contention was last month’s decision to raise the residential base rate from $20.50 to $21.50 a month, which had several board members concerned that the increase would “exacerbate inequality” in the region.
“If we continue to do this, we are harming and discriminating more and more against our members,” said board member Jeff Berman in reference to the 60 percent increase in base charges over the last five years. “I cannot support a base charge increase that exacerbates inequality and discrimination.”
November 12 Colorado Energy Cheat Sheet: Colorado hit hard by CPP; Bennet defends pro-Keystone stance; CSU report rejects “sky-is-falling” contamination claims
Filed under: Archive, CDPHE, Environmental Protection Agency, Hydraulic Fracturing, Legislation, National Renewable Energy Laboratory, New Energy Economy, regulations
Colorado would be the 18th hardest hit state, and fourth most expensive for the cost of carbon reduction under the Environmental Protection Agency’s Clean Power Plan, according to a new report from Fitch Ratings:
Wide-ranging voices—in politics; in business; consumer advocates like our coalition—have been warning of the potentially crippling costs of the U.S. Environmental Protection Agency’s soon-to-be-implemented Clean Power Plan. Its ripple effects will be felt nationwide, and Colorado is by all indications squarely in harm’s way.
As we have contended for some time now, the proposed federal mandate for air standards will impact every type of consumer—residential, small business, agricultural and industrial—in every community in Colorado. That includes consumers served by public utilities, municipal providers and rural cooperatives. And the changes to Colorado’s statewide power generation contemplated by the EPA’s mandates may ultimately cost many billions of dollars.
Rather than heed or, at least, consider some of these urgent concerns, however, defenders of the oncoming Juggernaut have sought in many cases to dismiss the criticism as coming from interests that are supposedly too close to the debate. Stakeholders involved in energy development of fossil fuels, for example, or power generation, are accused of having a vested interest and thus, presumably, are less than objective. Fairly or not, policy debates often turn on such considerations.
Well, now, another authoritative voice has entered the fray, and this time it is one without a discernible horse in the race. It is the voice of a truly neutral arbiter—one of the financial world’s “big three” credit-rating agencies—and it is sounding the alarm on the Clean Power Plan.
Fitch Ratings’ new report, “The Carbon Effect 2.0,” released just weeks ago, raises troubling concerns about the impact of the Clean Power Plan on the financial stability of the nation’s electric utilities. More troubling still, in the report’s state-by-state assessment, Colorado is among those facing the most formidable challenges, and potentially steepest costs, in complying with the Draconian EPA rules.
Governor John Hickenlooper continues to maintain his position that Attorney General Cynthia Coffman should defer to the governor on the matter of the AG’s lawsuit over the Clean Power Plan:
On his petition to the state Supreme Court to review Attorney General Cynthia Coffman’s authority to sue over the federal Clean Power Plan:
“I think the way the system’s meant, was designed, is that the governor and the attorney general should be consulting together on legal issues facing the state. But ultimately, the attorney general needs a client, and I think the governor was intended to be that voice, to speak for the agencies, the departments, to speak for the people. And I think if the attorney general and the governor don’t agree, my reading and [that of] the lawyers in our office is that this was intended ultimately to be the governor’s decision.”
Hickenlooper filed the petition to the Colorado Supreme Court last week.
The eco-inquisition is here, and the practice of selling environmental indulgences won’t be far behind:
Executives at publicly traded companies like Exxon Mobil may soon be talking more about climate change. Financial regulators are taking a closer look at how these companies disclose the impacts of climate change.
New York Attorney General Eric Schneiderman said Monday that Peabody Energy didn’t tell its investors all the financial risks from climate change and potential regulation. Peabody Energy, which owns a mine in Colorado, admits no wrongdoing, but it says it will now make disclosures that accurately and objectively represent climate impacts.
Methane regulations touted as saving money for companies, say regulators and companies hired to find methane leaks:
“What that means to the industry is substantial lost revenues,” he said.
He estimated that loss at about $1.2 billion a year even at today’s low natural gas prices.
Methane also is a potent greenhouse gas, and typically leaks in combination with volatile organic compounds and other pollutants. With that in mind, Colorado’s Air Quality Control Commission last year passed what’s known as Regulation 7, imposing the nation’s first rules specifically targeting methane emissions by the industry. Now the Environmental Protection Agency and Bureau of Land Management are considering rules targeting methane at the national level.
“Colorado … is the leader in the country on this issue by passing and enacting Regulation 7. We’re paying real close attention to how that’s going because there are several rulemakings on the federal level,” Von Bargen said.
U.S. Senator Michael Bennet defended his pro-Keystone XL stance even as his party’s leader, President Barack Obama, went the other way on the project last week:
Democratic U.S. Sen. Michael Bennet stood behind his vote earlier this year in favor of the proposed Keystone XL oil pipeline after the Obama administration rejected it on Friday after seven years of study and contentious debate.
“For years, the Keystone XL pipeline has been overhyped on both sides of the debate,” Bennet said in a statement to The Colorado Statesman. “The number of jobs it would create and the amount of carbon emissions it would facilitate have both been exaggerated.”
The proposed 1,200-mile pipeline would have transported 800,000 barrels of tar sands oil a day from Alberta, Canada, to Nebraska and ultimately on to refineries on the Gulf Coast of Texas. Bennet voted for a Senate bill approving the project in January.
“Based on scientific analyses that showed building Keystone XL would have little or no bearing on whether our nation will materially address climate change, I voted to move forward with the pipeline,” Bennet added. “The president vetoed the bill that Congress passed and has now administratively rejected the project. This is an issue on which the president and I disagree.”
A new CSU report concludes that, contrary to the popular line put forward by anti-fracking activists and other environmentalists, water-based contaminants from the fossil fuel industry aren’t seeping into wells in northern Colorado:
A new Colorado State University report says there is no evidence water-based contaminants are seeping into drinking-water wells over a vast oil and gas field in northeast Colorado.
A series of studies, led by CSU civil and environmental engineer professor Ken Carlson, analyzed the impact of oil and gas drilling on groundwater in the 6,700-square-mile Denver-Julesburg Basin, which extends between Greeley and Colorado Springs and between Limon and the foothills.
The studies were done under the auspices of the Colorado Water Watch, a state-funded effort started last year for real-time groundwater monitoring in the DJ Basin. The basin shares space with more than 30,000 active or abandoned oil and natural gas wells, say CSU researchers.
They primarily looked at the 24,000 producing and 7,500 abandoned wells in the Wattenberg Field, which sits mainly in Weld County.
“We feel that our results add to our database of knowledge,” Carlson said. “There isn’t a chronic, the-sky-is-falling type of problem with water contamination.”
Methane contamination was found in a small percentage of older wells, but according to the story, “it’s not toxic and isn’t a huge factor in terms of drinking-water safety.”
Many of the most well-known National Parks in the western United States would violate the new 70 ppb ozone regulation finalized last month, with the most egregious violator located along the Colorado-Utah border:
But national parks are among the worst offenders, with one maintaining levels of more than 100 ppb.
The 26 offenders are mainly in the West, with only a handful in the East, where coal-fired power plants dot the landscape.
The biggest violator is Dinosaur National Monument, home to 1,500 dinosaur fossils and a popular white-water rafting destination on the Colorado-Utah border. Its ozone level is 114 ppb. The runner-up at 90 ppb is the 631-square-mile Sequoia National Park in Northern California, a pristine forest boasting 3,200-year-old trees that are among the tallest in the world.
The Grand Canyon? It barely squeaks by at 69 ppb.
In all, 11 states have national parks that are in non-compliance with the new ozone standard: Arizona, 3; California, 9; Colorado, 2; Connecticut, 3; Illinois, 1; Maine, 1; Massachusetts, 1; Nevada, 1; New Jersey, 2; Pennsylvania, 1; and Utah, 2. Ozone levels are calculated over a three-year period.
The Grand Canyon narrowly missed violating the rule when the EPA went with the 70 ppb level instead of the lower end of the 65-70 range suggested in earlier drafts of the rule.
October 29 Colorado Energy Cheat Sheet: Hickenlooper vs. Coffman over EPA lawsuit; EPA spill report short on info says New Mexico; Frack or Treat
Filed under: CDPHE, Environmental Protection Agency, Legal, Legislation, PUC, regulations, solar energy, wind energy
Attorney General Cynthia Coffman’s decision to challenge the Environmental Protection Agency’s authority to implement the Clean Power Plan has initiated a constitutional battle in the eyes of Governor John Hickenlooper:
Gov. John Hickenlooper said Monday he will seek the state Supreme Court’s opinion on the legality of Attorney General Cynthia Coffman’s lawsuit to stop implementation of the Clean Power Plan.
“This notion of everyone suing all the time every time you disagree with a specific remedy, a specific statute, is part of what makes people so frustrated with government,” Hickenlooper, who supports the plan, said in a meeting with The Denver Post’s editorial board.
“Except in very rare circumstances, generally the governor is supposed to make that decision in concert with the attorney general,” Hickenlooper said of the lawsuit. “But the governor should have that final say.”
Hickenlooper’s office pushed the issue further, saying the AG’s actions “just gets in the way” of state plans to cooperate with the CPP:
“The statute that we’re looking at speaks of prosecuting and defending on the request of the governor,” said Jacki Cooper Melmed, Hickenlooper’s chief legal counsel, citing Colorado’s revised statutes, title 24, article 31, part 1.
Cooper Melmed said she is worried about conflicts as some Coffman deputies work with Hickenlooper’s administration to implement the plan while others in the attorney general’s office try to quash it.
“This just gets in the way,” Cooper Melmed said of the lawsuit. “There’s no wall really high enough to allow these two things to happen out of the same office.”
Coffman, for her part, said she was “disappointed” in the Governor’s decision.
Former Colorado Attorney General Gale Norton called Hickenlooper’s stance “unusual” when it comes to the relationship between AG and Governor, even when representing opposing parties:
“For the governor to try to challenge in this way is unusual,” Norton said.
In almost all cases where a governor challenges an attorney general, Norton said, rulings are in the attorney general’s favor.
“The attorney general represents the state and not the governor,” Norton said. “The attorney general is elected to provide independent representation of the state’s interest.”
Steamboat Today has a great roundup of other reactions for and against the lawsuit.
It’s not just states suing the EPA over the Clean Power Plan–at least 26 states filed almost immediately after the ruling was published last Friday–but other lawsuits are on their way from the U.S. Chamber of Commerce, National Rural Electric Cooperative Association and National Association of Manufacturers.
The EPA, meanwhile, is touting its flexibility–a “wide range of choices”–in allowing states to file extensions:
Taking another crack at busting the CPP progress, this time using pre-existing Congressional review legislation:
Lawmakers opposed to the Obama administration’s climate rule for power plants are moving to block the regulations from taking effect.
Several senators will offer Congressional Review Act (CRA) resolutions Monday that seek to stop the Clean Power Plan. Senate Majority Leader Mitch McConnell (R-Ky.), a longtime opponent of carbon regulations for the power sector, will schedule a vote on the resolutions soon after they come out.
“I have vowed to do all I can to fight back against this administration on behalf of the thousands of Kentucky coal miners and their families, and this CRA is another tool in that battle,” McConnell said in a statement.
The Congressional Review Act gives lawmakers the ability to end an executive branch regulation through an act of Congress.
Communities around Colorado continue to struggle with mine runoff, the August EPA spill in southwest Colorado not withstanding:
Toxic mines hang over this haven for wildflowers, contaminating water and driving residents — like counterparts statewide — to press for better protection.
A local group went to federal court this month seeking long-term assurances that a water-treatment plant will always remain open as the collapsed tunnels and heaps of tailings leak an acid mix of heavy metals: arsenic, cadmium, zinc and others.
State data show these contaminants reaching Coal Creek — the primary water source for Crested Butte and the Gunnison Valley’s green pastures — at levels exceeding health standards.
“A lot of people are nervous,” said Alli Melton of High Country Conservation Advocates. “We’d like to get it as clean as possible.”
But the EPA isn’t being all the helpful, as the Interior Department inspector general report on the Gold King Mine/Animas River spill concluded, as the U.S. Chamber points out:
These two quotes from the report illustrate just how careless EPA was:
EPA has “little appreciation for the engineering complexity.”
“[T]here appears to be a general absence of knowledge of the risks associated with these [abandoned mining] facilities.”
Even EPA’s internal investigators didn’t hold back on the agencies irresponsibility. Its initial review concluded the spill was “likely inevitable,” but the agency wasn’t prepared to contain a spill before digging into the mine.
That isn’t much consolation for the folks in Colorado, New Mexico, Utah, and the Navajo Nation affected by the spill, as New Mexico’s top environmental watchdog Ryan Flynn said, quoted again by the Chamber:
While the report reveals that an EPA decision was made to refrain from validating the flawed water level estimates with a previously used successful procedure (using a drill rig to bore into the mine from above to directly determine the water level of the mine pool prior to excavating the backfill at the portal); the report says absolutely nothing about who made the decision to fly by the seat of their pants, by digging out the closed Gold King Mine tunnel based on un-validated estimates of what volume and pressure of contaminated water would be violently released.
Here in New Mexico, we are already quite clear on the fact that EPA made a mistake, as the DOI’s report underwhelmingly reveals. What we were wondering, and hoped the report could tell us, is why EPA made the mistake, and who at EPA made the decisions that authorized dangerous work to proceed based on un-validated estimates. It is shocking to read the DOI’s “independent investigation” only to find that it overlooks the who, the how, and the why. [emphasis added]
How big are subsidies for electric cars? Without the $5,000 tax credit in Georgia, the state saw sales of electric vehicles plummet nearly 90% in just two months:
According to Georgia car registrations, sales shot up as electric car buyers rushed to take advantage of the tax credit before it expired. But the numbers declined sharply in July and took a swan dive in August — the most recent month tabulated:
The decline from 1,338 in June to 148 in August represents a drop of 88.9 percent.
Read the rest of this excellent Watchdog article here.
It’s almost Halloween, so we’ll end on a spooky anti-energy note from Energy in Depth:
The Community Environmental Legal Defense Fund (CELDF) has been waging an extreme campaign to ban fracking through so called “Community Bill of Rights” ballot initiatives, especially targeting communities in Colorado, Ohio, and Pennsylvania. The group has already forced taxpayers to pay tens of thousands of dollars to defend their illegal ordinances and it is now planning to hit communities in California, Oregon, New Hampshire and Washington State. In fact, as Energy In Depth’s new video shows, this Halloween, CELDF’s extreme (and expensive) campaign could be coming to a ballot box near you.
October 15 Colorado Energy Cheat Sheet: Che Guevara inspires fracking bans, another EPA spill in Colorado, AG Coffman vs. Gov. Hickenlooper
Filed under: CDPHE, Environmental Protection Agency, Hydraulic Fracturing, Legislation, New Energy Economy
Be sure to check out and like our Energy Cheat Sheet page on Facebook for daily, up-to-the minute updates that compliment our weekly “best of” on the I2I Energy Blog.
Want to guess who the anti-energy, anti-fracking activists in Colorado have adopted as their patron saint, so to speak? None other than the murderous Communist revolutionary, Che Guevara:
At Monday’s “direct action” in Denver, protesters displayed signs with messages including “Ban Fracking Now,” “Keep Fossil Fuels in the Ground,” and “End Fracking—Renewables 100%.”
“What we have is an energy revolution that is at our feet, and we are the boots on the ground that this revolution wants to be. We are the energy of change,” said Shane Davis, who runs the Fractivist website, in Saturday’s opening speech at the Holiday Inn Stapleton.
He encouraged the anti-fracking movement to draw inspiration from Argentine Marxist revolutionary Che Guevara, a leading figure in the communist overthrow of Cuba.
“This is the time when we need to shake the political and economic fracking industry’s empire and their rule over global fossil-fuel energy consumption,” Davis said. “Fifty years ago, Che Guevara, a revolutionary humanitarian, fought similarly against ruling forces that were harming local communities.”
The Statesman’s Valerie Richardson recorded at least two different groups’ efforts to secure anti-fracking measures in 2016, with more than two different measures–a constitutional amendment and a measure to give localities veto powers over development.
Speaking of fracking and one of the most persistent myths extolled by anti-fracking proponents–groundwater contamination:
Some of the same researchers who previously claimed that groundwater in the Marcellus region was being contaminated by shale development released a new study this week finding no evidence that hydraulic fracturing fluids have migrated up into drinking water – consistent with what independent scientists and regulators have been saying about fracking for years. The new Proceedings of the National Academy of Sciences study, led by researchers at Yale, includes Robert Jackson (now with Stanford University) and Avner Vengosh, who were both behind the Duke studies that purported to find widespread contamination from shale development. But as their new study explains,
“We found no evidence for direct communication with shallow drinking water wells due to upward migration form shale horizons. This result is encouraging, because it implies there is some degree of temporal and spatial separation between injected fluids and the drinking water supply.” (p. 5; emphasis added)
Colorado is catching legal heat for attempting to export its regulatory schemes, like the state’s renewable energy standard, forcing other states to follow “extraterritorial regulation”:
In April, 2011, E&E Legal sued the State of Colorado due to the unconstitutionality of the state’s renewable energy standard. As the case was working its way through the 10th Circuit, the Colorado legislature rushed to amend the law in an attempt to fix the most blatant unconstitutional provisions. They did not, however, cure all the problems.
Dr. David W. Schnare, lead attorney and E&E Legal’s General Counsel, noted at the time the Colorado legislature attempted to correct the RES, “This bill appears to remove some but not all of the unconstitutional elements of the statute. However, it also mandates new unconstitutional requirements by increasing the renewables standard to levels that, that like the current statute, cannot be justified when balanced against the harm they cause to interstate commerce.”
Specifically, the Legislature kept the sections that authorized Colorado to tell electric generating companies what means they had to use to sell “renewable” energy into Colorado, including companies that operated in other states and in some cases where the electricity they made did not and could not even reach Colorado. This is known as “extraterritorial regulation” and is prohibited under the Constitution.
Colorado is not alone in its efforts to tell other states how to regulate. California has the hubris to tell egg producers in Iowa what size chicken pens have to be. They have also told Canada how to make goose liver. Indeed, there is a growing effort for states to try to export their regulations onto other states.
Explained Schnare, “a state may not project its legislation into other states and may not control conduct beyond the boundaries of the State.”
The Environmental Protection Agency’s raft of new regulations has sprung a leak with the aptly named Waters of the United States rule:
Chief Justice John Roberts may have salvaged ObamaCare, but lower courts are proving to be more skeptical of executive overreach. On Friday the Sixth Circuit Court of Appeals stopped the Environmental Protection Agency’s new Clean Water Rule on grounds that it probably exceeds the agency’s legal authority.
The EPA rule, issued in May, extends federal jurisdiction over tens of millions of acres of private land that had been regulated by the states. In August a federal judge in North Dakota issued a preliminary injunction in 13 of the 31 states that have sued to block the rule, and the Sixth Circuit has now echoed that legal reasoning by enjoining the rule nationwide.
Ohio, Michigan and 16 other states challenged the rule, and a three-judge panel of the Sixth Circuit ruled two to one that the “petitioners have demonstrated a substantial possibility of success on the merits of their claims” and that a stay is needed to silence “the whirlwind of confusion that springs from the uncertainty” about the rule’s requirements.
As the Wall Street Journal noted, the most recent and significant threat to the waters within the United States came from the EPA itself:
The court also shot down the Administration’s argument that “the nation’s waters will suffer imminent injury if the new scheme is not immediately implemented and enforced.” As it happens, the single biggest recent injury to U.S. waterways is the EPA’s own Colorado mine disaster that turned the Animas River a toxic orange and flushed toxins into rivers across the Southwest.(emphasis added)
And the irony of the EPA threat to the nation’s waterways continued, as last week the agency triggered yet another spill in Colorado:
“Once again the EPA [Environmental Protection Agency] has failed to notify the appropriate local officials and agencies of the spill in a timely manner.” These are the words of U.S. Congressman Scott Tipton (R-CO) of Colorado’s 3rd Congressional District in response to another toxic spill resulting from EPA activities at an abandoned mine in western Colorado.
According to the Denver Post, an EPA mine crew working Thursday at the Standard Mine in the mountains near Crested Butte, triggered another spill of some 2,000 gallons of wastewater into a nearby mountain creek. Supporting Tipton’s remarks to Watchdog Arena, the Denver Post report states that the EPA had failed to release a report about the incident at the time of its writing.
Unlike the Gold King Mine, where on Aug. 5, an EPA mine crew exploring possible clean-up options, blew out a structural plug in the mine releasing over 3 million gallons of toxic waste into the Animas River, the Standard Mine is an EPA-designated superfund site, where the federal agency has been directing ongoing clean-up efforts.
The EPA’s Clean Power Plan gets bipartisan pushback from Senators in Mississippi and North Dakota:
Colorado Attorney General Cynthia Coffman’s efforts on behalf of the state in battling overreaching EPA regulations has earned a great deal of visibility given the state’s party split between constitutional offices, with Democrat Governor John Hickenlooper spearheading Clean Power Plan implementation, and the Republican Coffman pushing back, rendering Hickenlooper a “spectator,” according to the Wall Street Journal:
Colorado’s wide-ranging litigation efforts, for example, have been spearheaded by GOP Attorney General Cynthia Coffman, who was part of a state coalition that won a ruling last week blocking Interior Department rules for hydraulic fracturing on public lands. She also had Colorado join a group of 13 states that won an August ruling blocking an EPA plan putting more small bodies of water and wetlands under federal protection. And Ms. Coffman recently said she would have Colorado join the suit against the EPA greenhouse-gas rule, expected to be filed as soon as this month.
“The rule is an unprecedented attempt to expand the federal government’s regulatory control over the states’ energy economy,” Ms. Coffman said in announcing her decision.
Mr. Hickenlooper, the governor, didn’t encourage the attorney general to join any of the cases; in fact, he is focusing on implementing the regulations, said spokeswoman Kathy Green. “The governor’s approach has been to work collaboratively and avoid costly lawsuits wherever possible,” she said.
August 20 Colorado Energy Roundup: Poll shows Coloradans not impressed by Clean Power Plan, fracking ballot measures expected, #greenjobsfail, and EPA/Animas River saga continues
Filed under: Environmental Protection Agency, Legal, renewable energy, solar energy, wind energy
This week the Independence Institute released the results of poll concerning the Environmental Protection Agency’s Clean Power Plan and who Coloradans feel does a better job when it comes to guarding the state’s environmental quality–folks here prefer Colorado oversight to meddlesome DC regulations:
The poll was conducted August 9-10th and found those surveyed more likely to oppose the EPA’s controversial Clean Power Plan if the rule resulted in electricity bill hikes, 59 to 33 percent.
Fifty-five percent said they would oppose the plan if it meant spiking poverty rates in black and Hispanic communities by 23 and 26 percent, as a recent study by the National Black Chamber of Commerce concluded.
Respondents also opposed the plan when it came to the core environmental impacts projected by the agency—a 0.02 degrees Celsius reduction in global temperatures and no notable impact on carbon emissions. Fifty-one percent said the promised temperature reduction would make them more likely to oppose the finalized rule, while 58 percent said that the Clean Power Plan’s non-existent impact on carbon emissions would do the same.
You can read the rest of the topline results here.
Colorado’s registered voters put their trust in the state to manage the environment, and not federal regulators from the EPA or DC in general:
While Colorado’s Attorney General, Cynthia Coffman, has not weighed in on whether the state could join a multi-state lawsuit against the EPA over the Clean Power Plan (she has said it is on the table), a 53 to 37 percent majority favored the state joining at least 16 other states in the suit.
Nearly 6 in 10 said the state should wait to comply—not move forward as Governor John Hickenlooper has directed—on drawing up a state implementation plan for the Clean Power Plan.
Nearly half said that they would be more likely to support a plan if the state of Colorado determined the cost of compliance before that plan became law.
When it comes to environmental regulation and quality, Coloradans clearly preferred the regulators in Denver to those in Washington, D.C.
The State of Colorado does a better job regulating for a clean environment 37 to 5 percent over federal regulators. Twenty-seven percent said both state and federal agencies handled the job equally well, with nearly one in five saying that neither has done particularly well in this area.
How did the results breakdown along partisan and demographic lines?
Only Democrats (64 percent) and those earning between $100-$124K per year (51 percent) were more likely to support the EPA’s Clean Power Plan even if it meant an increase in electricity bills as a result of implementing the regulations. Overall, 59 percent of Coloradans were more likely to oppose the plan, with men and women showing no gender gap and nearly identical opposition to costly rate hikes.
A National Black Chamber of Commerce study found that poverty rates in black and Hispanic communities were likely to increase significantly—23 percent and 26 percent—under the Clean Power Plan. Fifty-five percent of Colorado voters said they would be more likely to oppose the federal regulations under those circumstances, with women edging out men (57 percent to 53 percent, respectively) in opposition. Majorities of Republicans, independents, and all age and income groups offered the same negative responses when it came to impacts on minority community poverty rates, as did the respondents when viewed across all seven congressional districts.
Democrats were still more likely to support the EPA’s carbon reduction plan by a slim 42 to 37 percent margin. The party was split, however, along gender lines, with Democratic women in opposition, 44 to 36 percent. Their male party counterparts gave the Clean Power Plan a large boost, saying 48 to 27 percent that they were more likely to back the EPA’s measure despite minority community concerns.
More results from the poll’s crosstabs can be perused here.
EPA Administrator Gina McCarthy even admitted explicitly that the Clean Power Plan would adversely harm minority and low-income families the hardest:
The chief environmental regulator in the United States had some blunt words of reality regarding the administration’s climate change regulations.
The Clean Power Plan that will require drastic cuts in 47 states’ carbon dioxide emissions – consequently shifting America’s energy economy away from affordable, reliable coal – will adversely impact poor, minority families the most.
When speaking about the higher energy prices caused by the administration’s climate regulations on power plants, Environmental Protection Agency Administrator Gina McCarthy said, “We know that low-income minority communities would be hardest hit.”
McCarthy downplayed that fact by saying any minimal higher prices would be offset by implementing energy efficiency measures that would save consumers money in the long run.
Cato shows how “carbon dioxide emissions” have turned into “carbon pollution” when it comes to EPA messaging over the years.
Another new EPA rule? Yep:
With the Environmental Protection Agency expected to release a rule this month on methane regulations, proponents are gearing up for a messaging war.
Federal regulators aim at reducing oil-and-gas methane emissions by as much as 45 percent by 2025. The idea is that companies can use new technology to better capture methane emissions from operations.
The EPA estimates that 7 million tons of methane are emitted every year, though environmentalists suggests that it could be much higher.
The issue is relevant in Southwest Colorado, where researchers identified a significant methane “hot spot” in the Four Corners. A team of scientists is currently investigating the cause of the concentration, which could stem from a combination of natural-gas exploration and natural occurrences.
But industry efforts have already cut methane emissions significantly, making the rule seemingly superfluous:
This is going to go down in the books as one of the most curious moves ever taken by the Obama EPA, not because the reduction of methane emissions is a bad idea, but because it’s already been taking place in gangbuster fashion. The Institute for Energy Research put out a statement as soon as the new proposal was announced which put the question in context.
“Since 2007, methane emissions fell by 35 percent from natural gas operations, while natural gas production increased by 22 percent. According to EPA, voluntary implementation of new technologies by the oil and natural gas industry is a major reason for the decline in emissions.”
And where is the IER getting these figures about reductions in emissions? Are they coming from some big oil loving, pro-drilling think tank? No. It’s data taken from the EPA’s own studies which were cited in generating these rules. But just in case any of them don’t read their own promotional material, here are the numbers in graph form.
Anti-frack is BAAAAAAAAAAAACK!!!
After failing to gather enough signatures last summer, Coloradans for Community Rights said Monday it will try again to get a statewide initiative giving communities control over oil and gas exploration on the ballot.
Spokesman Anthony Maine said the group will begin circulating petitions early next year to get the Colorado Community Rights Amendment to the state Constitution on the November 2016 ballot.
“This is about communities being allowed to decide for themselves,” Maine said at a press conference in Denver.
He said the oil and gas industry and their supporters are expected to pump in millions of dollars to fight the proposed amendment.
“This radical measure would allow city councilors and county commissioners to ban any business or industry for any reason even if those reasons violate federal or state law,” Karen Crummy, spokeswoman for Protect Colorado, said in a statement. Protect Colorado is an issue committee organized to fight anti-energy ballot measures.
Unlike other observers who felt that this issue might recede into next year’s political battles or be left up to the current court battles, it’s been clear to me from my work on this issue that activists are gearing up for the long game, announcing their efforts more than a year from the 2016 ballot, banking on possible favorable wins in a presidential cycle rather than the 2014 midterm. Many anti-fracking activists felt burned by Governor John Hickenlooper’s “compromise” last year that appeared to be an effort to provide fellow Democrats political cover in what was shaping up to be a costly and election-determining fight at the ballot box. Hickenlooper’s commission did not assuage the resentment of activists, Democrats lost a U.S. Senate seat, and the issues remained unresolved, just kicking the can down the road.
We’ve caught up to the can once again.
At the Independence Institute, we’ve been taking a look at the failed promises of “green” jobs since 2011, and a California initiative passed with the help of billionaire Tom Steyer appears to have fallen, uh, short of its job creation goals in the green sector–by about 90 percent:
The California ballot measure funded by billionaire environmentalist Tom Steyer that raised taxes on corporations to create clean energy jobs has generated less than a tenth of the promised jobs.
The Associated Press reported that the Clean Energy Jobs Act (Prop. 39) has only created 1,700 clean energy jobs, despite initial predictions it would generate more than 11,000 each year beginning in fiscal year 2013-14.
Prop. 39, which voters approved in 2012 after Steyer poured $30 million into the campaign supporting it, closed a tax loophole for multi-state corporations in order to fund energy efficient projects in schools that would in turn create clean energy jobs.
More than half of the $297 million given to schools for the projects has been funneled to consultants and energy auditors.
As we noted in late 2013, the current administration pushed for changes it hoped would bolster the long term outlook for wind energy by attempting to deal with one of the unfortunate tradeoffs of giant wind turbines–bird deaths:
But a move to extend the life of one renewable energy source–in this case, wind–by granting a six-fold extension to ‘takings’ permits issued to wind farms that allow the accidental killing of bald and golden eagles has united opponents normally at odds: Senator David Vitter (R-LA) and groups like the National Audubon Society and Natural Resources Defense Council.
A sampling, from Politico:
It’s baldly un-American, Vitter said Friday.
“Permits to kill eagles just seem unpatriotic, and 30 years is a long time for some of these projects to accrue a high death rate,” said the Louisiana senator, who is the top Republican on the Senate Environment and Public Works Committee and one of Congress’s most outspoken critics of wind.
Sounding a similar theme, National Audubon Society CEO David Yarnold said it’s “outrageous that the government is sanctioning the killing of America’s symbol, the bald eagle.” He indicated his group may sue the administration.
The rule also drew criticism from Frances Beinecke, president of the Natural Resources Defense Council, who said it “sets up a false choice that we intend to fight to reverse.”
“This rule could lead to many unnecessary deaths of eagles. And that’s a wrong-headed approach,” she said. “We can, and must, protect wildlife as we promote clean, renewable energy. The Fish and Wildlife Service missed an opportunity to issue a rule that would do just that.”
Secretary of the Interior Sally Jewell defended the rule change.
“Renewable energy development is vitally important to our nation’s future, but it has to be done in the right way. The changes in this permitting program will help the renewable energy industry and others develop projects that can operate in the longer term, while ensuring bald and golden eagles continue to thrive for future generations,” Jewell said.
Well, the so-called “takings” extension to 30 years has had its wings clipped by the court:
The express purpose of the 30-Year Rule was to facilitate the development of renewable wind energy, since renewable developers had voiced a need for longer-term permits to provide more certainty for project financing.
The Fish and Wildlife Service (FWS) issued the 30-Year Rule without preparing either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA); instead, the FWS determined that the 30-Year Rule was categorically exempt. In overturning the rule, the court found that the FWS had not shown an adequate basis in the administrative record for its decision not to prepare an EIS or EA and therefore failed to comply with NEPA’s procedural requirements.
Finally, to the EPA induced toxic spill saga of the Animas River . . .
Congressman Scott Tipton (R-3rd CD) and colleagues are asking the EPA questions:
We remain completely unsatisfied with the delay in notifying the impacted communities and elected officials responsible for preparing and responding to a disaster such as this one.
What was the reason for the over 24 hour delay between the time of the incident and official notification and acknowledgment by your agency that a blowout had occurred?
Who in the EPA’s regional office was first notified of the blowout and when?
What steps has the EPA taken, or does it plan on taking in the very near future, to ensure that this type of delay in acknowledgment and notification of the appropriate parties does not happen again? What additional steps will the EPA take to create and implement an emergency response plan for EPA projects such as this?
That’s just a sample of a raft of questions from the House members.
Sen. Cory Gardner (R-CO) and a bipartisan group of colleagues sent their own questions to the EPA:
We, therefore, respectfully request the following be included in a report on the events surrounding the Gold King Mine spill:
1. Details on the work EPA was conducting at the Gold King Mine prior to the spill on August 5, 2015;
2. Details of the expertise of the EPA employees and contractors carrying out that work;
3. Criteria EPA would apply before approving a contractor for a similar cleanup performed by a private party and whether EPA applied the same criteria to itself;
4. EPA’s legal obligations and current policies and guidelines on reporting a release of a hazardous substance;
5. EPA’s legal obligations and current policies and guidelines on contacting tribal, state and local government agencies when the agency creates a release of a hazardous substance;
Again, just a sampling of what members of Congress–and the public both down in southwest Colorado, northern New Mexico, and Utah–would like to know, demanding a full accounting of the EPA spill as soon as possible.
New Mexico Governor Susana Martinez wasn’t drinking the EPA
tang koolaid, or its official responses so far, and is asking for her state to investigate as well:
Today, I ordered the New Mexico Environment Department to investigate the circumstances surrounding the EPA-caused toxic waste spill into the Animas River.
New Mexicans deserve answers as to why this catastrophe happened and why the EPA failed to notify us about it — the first we heard about it was from the Southern Ute Tribe nearly 24 hours later.
The EPA should not be held to a lower standard than they hold private citizens and businesses.
Colorado Attorney General Cynthia Coffman feels that she is not getting the whole picture either, and is still considering a lawsuit against the EPA for the spill:
The attorneys general of Colorado and Utah visited this still-festering site on a fact-finding mission Wednesday and left feeling the Environmental Protection Agency had not provided them with the whole picture.
“There’s a list, honestly,” Colorado Attorney General Cynthia Coffman said of her questions.
Coffman and her Utah counterpart, Attorney General Sean Reyes, are among a group that have said legal action against the EPA is being weighed after the agency’s Aug. 5 wastewater spill in the San Juan County mountains above Silverton.
The spill sent 3 million gallons of contaminated water surging into the Animas and San Juan rivers.
New Mexico’s attorney general said last week he is considering a lawsuit, and Navajo Nation leaders, whose community arguably has been most impacted by the disaster, said they will sue.
That lack of information–or, indeed, a coverup–has been the focus of much attention, and Colorado Peak Politics believes the EPA hasn’t been forthcoming from the beginning.
The inspector general for the Environmental Protection Agency announced on Monday that it is beginning an investigation into the agency’s role in triggering a massive toxic waste spill in southwest Colorado.
The IG alerted a number of senior EPA officials to the investigation in a memo released on Monday. “We will request documents, and interview relevant managers and staff in these locations and elsewhere as necessary,” the IG said.
The announcement comes amid controversy over EPA’s role in the spill. Agency chief Gina McCarthy admitted last week that EPA inspectors had triggered the incident while inspecting cleanup efforts at the Gold King Mine near Durango, Colo.
What are the cleanup costs estimated to be? The Daily Caller’s examination of potential burdens to the taxpayer due to EPA negligence are big:
The right-leaning American Action Forum estimates the total cost for responding to the Gold King Mine Spill could range from $338 million to $27.7 billion based on the federal government’s own cost-benefit analyses for cleaning up toxic waste and oil spills.
“There is no direct precedent for the toxic Animas River spill in Colorado and past regulatory actions from agencies, but we can learn from previous benefit-cost estimates,” writes Sam Batkins, AAF’s director of regulatory policy, adding that he “evaluated four recent regulations’ benefit figures to approximate the cost of the current spill in the Mountain West.”
That’s not good news, considering the mine owner’s allegations that the EPA has dumped toxic waste as far back as 2005, or that billions of gallons might be poised to spill in the future.
And that future is unclear due to what still lies beneath:
State and federal officials have offered assurances that the river is returning to “pre-event conditions,” but uncertainty remains over the residue that still lurks beneath the surface flow.
Those remaining metals on the river bottom still could affect aquatic life, agriculture and other aspects of life along the water in ways that are difficult to predict.
“The long-term effects are the concern that every time we have some sort of a high-water event, whether a good rain in the mountains or spring runoff next year, that’s going to stir up sediments and remobilize those contaminants that are sitting at the bottom of the river right now,” said Ty Churchwell, Colorado backcountry coordinator for Trout Unlimited.
CBS4Denver had the opportunity to get an early look at the mine itself, post-spill.
Perhaps the only thing quite as toxic as the spill itself is the messaging cover both local and regional environmental groups and pro-administration activists are providing the EPA, casting blame on private mismanagement and pollution and offering only an “aw shucks, only trying to help” defense of the agency:
Only the NRDC offered a response.
Earth Justice and several other environmental groups have made no public comment on the Animas River spill at all. In their public statements, neither the NRDC nor the Sierra Club pointed the finger at the EPA.
Though the Sierra Club did not respond to our inquiries, it did offer this public statement on August 11:
The Animas River was sadly already contaminated due to the legacy of toxic mining practices. The company that owns this mine has apparently allowed dangerous conditions to fester for years, and the mishandling of clean-up efforts by the EPA have only made a bad situation much worse. As we continue to learn what exactly happened, it’s time that the mine owners be held accountable for creating this toxic mess and we urge the EPA to act quickly to take all the steps necessary to ensure a tragedy like this does not happen again.
In a recent statement, the NRDC’s President Rhea Suh said only that the EPA “inadvertently triggered the mine waste spill last week,” while casting mining companies and Republicans in the House of Representatives as the responsible parties.
They probably wouldn’t like the Colorado Springs Gazette’s suggestion that mine clean up be privatized:
Critics have recoiled at the thought of putting the government’s environmental work into private hands.
No longer should they perceive or argue a level of federal competence that exceeds what the private sector might provide. The EPA unleashed a toxic sludge of arsenic, lead and other harmful toxins without bothering to warn people downstream, including tribal leaders and governors of neighboring states. They botched the inspection that led to the spill and bungled the response.