Hickenlooper: Suspending EPA’s new ozone standard ‘would be a great idea’

April 1, 2016 by michael · Comments Off
Filed under: CDPHE, Environmental Protection Agency, Hydraulic Fracturing 

Transcript of Gov. John Hickenlooper’s comments on the Environmental Protection Agency’s ozone rule delivered to the Colorado Petroleum Council and the American Petroleum Institute on March 31, 2016 via the Center for Regulatory Solutions:

So I think it would be a great idea if they suspended the standard. I mean, just with the background [ozone], if you’re not going to be able to conform to a standard like this, you are leaving the risk or the possibility that there will be penalties of one sort or another that come from your lack of compliance. Obviously, no different than any business, states want to have as much predictability as possible, and I think if they suspend the standards, it’s not going to slow us down from continuing to try and make our air cleaner. …

You know, we’re a mile high. Air quality issues affect us more directly than they do at lower elevations. So we’re going to keep pushing it, we’re not going to back off, we’re going to continue to improve the air quality in the state every year if I have anything to say about it, but at the same time, those standards, you know, to be punitive when you’re working as hard as you can … to get cleaner air as rapidly as you can, it seems like it’s not the most constructive stance.

Two Colorado Senators, one Democrat and one Republican, had this to say about the ozone rule’s impact on the state:

State Senator Cheri Jahn (D-Wheat Ridge):

“This whole situation is a mess. EPA officials did an abysmal job with the prior standard of 75 ppb, set in 2008. Instead of working with states to implement those ozone rules, they have been obsessed with changing the rules until they are completely unworkable.

“Even the EPA admits the new standard of 70 ppb is practically impossible for Denver to meet, because of background ozone that we can’t control. Now we are facing long-term violation of the new standard, which will impose all kinds of new controls and restrictions on the economy, small businesses and investments in transportation infrastructure. EPA officials have claimed they will develop a fix for the background ozone issue, but they should have worked all that out before setting the new standard in the first place.

“If the EPA cares about protecting the health of Colorado families, it will suspend the enforcement of the new 70 ppb standard until there is a real solution to the threat from background ozone. We need solutions based on increased analysis and better science. Anything less than that will be setting Colorado up to fail.”

State Senator Jerry Sonnenberg (R-Sterling):

“I have always opposed the EPA’s strict new ozone standard because of the control it will give federal bureaucrats over basic planning decisions here in Colorado. The new limit of 70 parts per billion is completely unrealistic. It will penalize our state for background levels of ozone that come from outside Colorado and from natural sources like wildfires. Even the EPA admits Front Range communities have no hope of reaching the new standard by 2025 because of background ozone.

“Yet again the EPA has gone too far, imposing pointless and job-killing federal mandates on states and local governments. If the EPA ties down the Colorado economy with even more red tape, small businesses, family farms, working families and seniors on fixed incomes will be hit the hardest. Therefore, I am calling on the EPA to immediately halt the implementation of this punitive ozone rule, and leave in place the prior standard of 75 parts per billion.”

The CRS report noted the development surrounding the ozone rule since the 70 ppb target was adopted in 2015 (links in original):

In late February, at an EPA workshop in Phoenix, Ariz., the agency faced stiff opposition from state air regulators and business leaders – especially those from Western states. In the face of this criticism, the EPA admitted the Intermountain West is the “most problematic” region for addressing background ozone, and states like Colorado have “a very complicated puzzle to untangle” if they hope to stay out of violation with the new 70 ppb ozone standard. More recently, The Denver Post editorial board has warned background ozone will make compliance in Colorado “particularly difficult” and rebuked the environmental activists who “blithely pushed for a far stricter standard.” In addition, an air quality researcher at Denver University predicted the Front Range will never comply with the 70 ppb standard, and the Grand Junction Daily Sentinel’s editorial board called for the EPA to stand down until the agency can guarantee “communities won’t be unfairly blamed for pollution they didn’t cause.”

As CRS showed last year, in a report called “Slamming the Brakes: How Washington’s Ozone Plan Will Hurt the Colorado Economy and Make Traffic Worse,” the stringent new standard threatens to impose damaging regulatory restrictions across most of Colorado’s economy. The report also detailed a bipartisan wave of opposition to the EPA’s ozone agenda in Colorado, especially because of the EPA’s failure to account for high levels of background ozone, which make the new standard extremely difficult – if not impossible – to meet.

Independence Institute energy policy analyst Simon Lomax notes that the rhetoric surrounding the ozone rule, and in particular, its potential impact on public health, is filled with fearmongering from the “bad-air chorus.”

Lomax testified before CDPHE last month on the ozone rule:

The nature of the problem is clear. The EPA’s new ozone standard goes too far. It will throw large areas of the state into long-term violation of federal law. Violation will impose new restrictions on economic growth and jeopardize badly needed investments in transportation infrastructure.

And because the stringent new standard approaches background ozone levels, which state regulators are powerless to control, there will be little, if any, environmental benefit in return. For months, stakeholders from across government, across the political spectrum and across the economy have stated and restated the problem. But admiring the complexity of the problem won’t solve it.

Testimony on Senate Bill 157: ‘Don’t Implement Clean Power Plan’

March 18, 2016 by michael · Comments Off
Filed under: CDPHE, Environmental Protection Agency, Legislation 

Testimony, more or less as delivered on March 17, 2016, on behalf of Senate Bill 157, “Don’t Implement the Clean Power Plan”:

Testimony on behalf of
SB 157 NO TO CPP PLANNING BY CDPHE

March 17, 2016

SENATE AGRICULTURE, NATURAL RESOURCES AND ENERGY COMMITTEE

GREETINGS Mr. Chairman or Madam Chairman and Members of the Committee
Sen. Sonnenberg and Sen. Cooke, and Rep. Dore.

My name is MICHAEL SANDOVAL. I am an ENERGY POLICY ANALYST for the Energy Policy Center at the Independence Institute.

Thank you for allowing me the opportunity to testify today on behalf of SB 157.

At the Independence Institute, we are agnostic on energy resources. It is our strong belief that the choice of energy resources should come from the demands of the free market, and not from the preferences of policymakers, lobbyists, or special interest groups.

We find SB 157 to be consistent with our principles of protecting ratepayers from unnecessary costs associated with the implementation of a likely unconstitutional rule.

In light of the US Supreme Court stay for irreparable harm that would result if the Clean Power Plan was not immediately halted, the decision by this state to proceed with a state plan is unwarranted.

Last week, in testimony from the Colorado Department of Public Health and Environment, executive director Marth Rudolph said:

“I guess what I’m saying is that because we don’t know what the plan looks like, we don’t know what the costs will be. It is certainly our goal to minimize those costs to the greatest extent possible. But I cannot sit here today and tell you that there will be no increase in costs.”

Simply promising to “minimize” the costs of planning and also the cost of implementation of a rule that is without legal weight for the time being due to the Supreme Court stay can not be justified as an expense to Colorado’s ratepayers and taxpayers in light of the costs already known and associated with other fuel switching efforts like HB 1365 or mandates like SB 252, the extensive use of assistance to the renewables necessary to add those sources to the grid, such as the Public Utilities Commission issuing decisions that require wind projects to gain federal Production Tax Credits in order to go forward, nor the multiple other programs designed to make renewables appear cheaper than natural resources that already provide affordable, reliable, and responsible energy sources.

Additional costs—in the form of enormous and potentially catastrophic transition costs—such as capital costs for new electric generating units, will run through to ratepayers as CDPHE admitted would happen last week. These transitions should not be cost-shifted to those who can least afford it at a time when the rule is no longer in effect.

The Independence Institute has documented the skyrocketing increases in electricity rates for Colorado’s residential, commercial, industrial, and transportation customers. From 2001 to 2015 Colorado has seen a residential increase of more than 60 percent, 8 percent higher than the average for all Mountain states. For all sectors, Colorado has experienced a 62.5 percent increase, 15 percent higher than the Mountain states and 23 percent higher than the US average. This far outpaces the 24 percent increase in median income or 34 percent increase in inflation over the same period. Finally, Colorado residential ratepayers already pay a 22.5 percent premium above the average for all sectors in the state combined for their electricity. These numbers are a matter of record; they are not based on flawed models projecting extremely high future costs of fuels, like estimates of natural gas prices. Nor are they numbers clouded by confidentiality claims by IOUs like Public Service Company, for electric resource planning, power purchase agreements, and any other matter of ratepayers concern. Any issues with EIA’s historical electricity cost records should be addressed to their methodology and sampling criteria. And, it should be pointed out, that high renewable states like California (41%), Texas (31%), and Iowa (41%) have seen their residential rates continue to climb ever higher, just like Colorado’s.

For those reasons shielding Colorado’s electricity ratepayers from any adverse impacts of compliance costs caused by implementation of this rule would be consistent with the principles of the Independence Institute.

Thank you.

Independence Institute analyst calls for action on EPA ozone caps

March 17, 2016 by michael · Comments Off
Filed under: Environmental Protection Agency, Legal, regulations 

Today, Independence Institute associate energy policy analyst Simon Lomax testified at an ozone hearing of the Colorado Department of Public Health and Environment.

For audio, click here.

Remarks as prepared for delivery:

Good morning. My name is Simon Lomax. I am here today representing the Independence Institute, a Denver think-tank that advocates for limited government. I hold an adjunct position at the institute, where I serve as an associate energy policy analyst.

I know the discussions today have been focused on meeting the 2008 ozone standard of 75 parts per billion. But the elephant in the room is the EPA’s new and much more stringent standard of 70 parts per billion, which was announced in October of last year.

Just yesterday, State Senator Cheri Jahn, a Democrat from Wheat Ridge, and State Senator Jerry Sonnenberg, a Republican from Sterling, called on the EPA to halt the implementation of the new ozone standard. In the words of Senator Jahn, the EPA is setting Colorado up to fail.

During last year’s debate over the standard, a large and diverse coalition opposed the EPA’s move to tighten the ozone standard when implementation of the 2008 benchmark had hardly begun. The opposition was led by state and local officials, business groups, the construction industry, and even some state regulators.

Here in Colorado, the CDPHE itself expressed concerns about the standard being set close to background levels of ozone which are completely beyond the control of state regulators. Background ozone comes from outside the state, and even outside the country, and also from natural sources like wildfires.

Late last year, the EPA admitted that 10 years from now, the Denver metropolitan area will be stuck in violation of the 70 ppb standard because of background ozone. It’s such a big problem the EPA convened a special workshop in Phoenix, Ariz., last month to face the music from state regulators, including some officials from Colorado.

Most of those discussions were held behind closed doors, but the little that was discussed in public was deeply troubling. The EPA admitted Western states are the most problematic for background ozone, and a NOAA scientist said we do not have the ability to measure in real time how much ozone is coming into the Western U.S. from countries like Mexico and China.

An air quality regulator from Arizona explained the dilemma: Even though industry is a very small portion of the sources of ozone, those sources will take a hit because they are the only ones that state regulators can target.

In other words, the EPA has created such a stringent ozone cap that communities across Colorado and the Western U.S. will be punished for air pollution they didn’t cause. Long-term violation of the federal ozone standard triggers the state implementation plan process, which as you know, gives the EPA veto authority over state and local regulations that deal with ozone-forming emissions.

We are talking about cars, trucks, factories, construction projects and even investments in new and upgraded roads.

A leading emissions researcher at Denver University has warned it’s practically impossible for communities along the Front Range to ever reach the 70 parts per billion ozone standard. This means EPA intervention into our economy and into our communities could be indefinite.

The nature of the problem is clear. The EPA’s new ozone standard goes too far. It will throw large areas of the state into long-term violation of federal law. Violation will impose new restrictions on economic growth and jeopardize badly needed investments in transportation infrastructure.

And because the stringent new standard approaches background ozone levels, which state regulators are powerless to control, there will be little, if any, environmental benefit in return. For months, stakeholders from across government, across the political spectrum and across the economy have stated and restated the problem. But admiring the complexity of the problem won’t solve it.

It will take action to avoid the worst impacts of the EPA’s ozone plan in Colorado. And it’s time to find out what elected officials and environmental regulators are actually going to do about it.

Thank you for hearing me out. I wish you the best of luck with the work you have ahead of you.

The Denver Business Journal’s Cathy Proctor was also there.

February 11 Colorado Energy Cheat Sheet: SCOTUS stay on Clean Power Plan edition

February 11, 2016 by michael · Comments Off
Filed under: CDPHE, Environmental Protection Agency, Legal 

Join us Tuesday, February 16 at noon as the Competitive Enterprise Institute and Independence Institute discuss the latest on the EPA’s Clean Power Plan/111d rule, including the SCOTUS stay issued this week.

Competitive Enterprise Institute’s Center for Energy and Environment, and Raymond Gifford, a partner at the law firm Wilkinson, Barker, Knauer, LLP and a leading an expert in public utilities law, will provide in-depth analysis of what the Clean Power Plan means for Colorado and discuss the efforts being made across the country to stop this onerous regulation.

Free lunch, RSVP required.

***

What is the stay?:

WASHINGTON—A divided Supreme Court on Tuesday temporarily blocked the Obama administration’s initiative to limit carbon emissions from power plants, dealing an early and potentially significant blow to a rule that is the cornerstone of President Barack Obama’s efforts to slow climate change.

The court, in a brief written order, granted emergency requests by officials of mostly Republican-led states and business groups to delay the regulation while they challenge its legality.

Although the Supreme Court’s order is temporary and isn’t a ruling on the merits, it indicates the court’s conservative majority harbors misgivings about the Obama administration plan. It signals the rules could run into trouble in the courts, which could hamper the administration’s ability to follow through on U.S. commitments in the Paris climate deal.

The court’s action, which divided the justices along ideological lines, came as a surprise to many observers because the court has strict criteria for granting stays. And the Environmental Protection Agency rules, issued last summer, have yet to be evaluated by lower court judges.

The EPA rule is aimed at compelling utilities to shift away from coal-fired power plants, which have been the bedrock of U.S. electricity generation for decades, toward such renewable sources as wind and solar, and to a lesser extent toward natural gas and nuclear power.

Some have said that all that needs to be done is for the administration to change as a result of the 2016 election, but that may not be enough:

The Supreme Court issues stays sparingly, and only when specific criteria are met. Those include a “reasonable probability” that four justices will agree to review the case, and a “fair prospect” that five justices could vote to overturn a lower court ruling.

In addition, the court must find that irreparable harm will result to parties in the case unless the stay is granted, and that public interest is served by granting a stay.

White House officials said they were surprised by the court’s move. “Granting a stay in these circumstances is extraordinary,” one official said.

The ultimate outcome of the case likely won’t be decided until the next president is in office. Should the rule survive in the courts and a Republican be elected president, a GOP administration would face hurdles in abandoning the regulations.

Very few final regulations have ever been repealed by an administration—Republican or Democratic. To repeal a regulation, you have to write, and legally justify, a new regulation explaining why you are getting rid of the earlier one, a process that could take years and would be unlikely to withstand legal scrutiny, experts say.

As we wrote in a previous blog post, the Colorado Department of Public Health and Environment plans on proceeding with the rule’s implementation, calling its own decision to do so, “prudent”:

It is prudent for Colorado to move forward during the litigation to ensure that the state is not left at a disadvantage if the courts uphold all or part of the Clean Power Plan. Because the Supreme Court did not say whether the stay would change the rule’s compliance deadlines, Colorado could lose valuable time if it delays its work on the state plan and the rule is ultimately upheld.

The legal experts I’ve spoken with have said that the compliance deadlines were part of the stay, and dispute the agency’s interpretation that the state would lose time if it did not proceed with planning.

When the Independence Institute conducted our own poll last August on Colorado and the Clean Power Plan, “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.”

The new timetable for the Clean Power Plan and any legal proceedings should push well into 2017 and even early 2018.

The Attorney General’s office said Cynthia Coffman would not pursue intervention at the state level (DBJ article, paywall).

The EPA, like CDPHE, plans to push forward at the state level, offering guidance:

The EPA immediately issued a statement pledging to support states that wish to continue developing compliance plans.

“We’re disappointed the rule has been stayed, but you can’t stay climate change and you can’t stay climate action,” the EPA said. “Millions of people are demanding we confront the risks posed by climate change. And we will do just that. We believe strongly in this rule and we will continue working with our partners to address carbon pollution.”

Legal experts began weighing in on the SCOTUS stay, saying the EPA’s own attitudes and statements regarding previous rulemaking legal challenges may have pushed the Court to take this action:

This Court’s decision last Term in Michigan v. EPA, 135 S. Ct. 2699 (2015), starkly illustrates the need for a stay in this case. The day after this Court ruled in Michigan that EPA had violated the Clean Air Act (“CAA”) in enacting its rule regulating fossil fuel-fired power plants under Section 112 of the CAA, 42 U.S.C. § 7412, EPA boasted in an official blog post that the Court’s decision was effectively a nullity. Because the rule had not been stayed during the years of litigation, EPA assured its supporters that “the majority of power plants are already in compliance or well on their way to compliance.” Then, in reliance on EPA’s representation that most power plants had already fully complied, the D.C. Circuit responded to this Court’s remand by declining to vacate the rule that this Court had declared unlawful. […] In short, EPA extracted “nearly $10 billion a year” in compliance from power plants before this Court could even review the rule […] and then successfully used that unlawfully-mandated compliance to keep the rule in place even after this Court declared that the agency had violated the law.

Reaction from the Colorado Senate Republicans was swift:

Senate President Bill L. Cadman said he believes Gov. Hickenlooper should respect the Court’s ruling by instructing the Colorado Department of Public Health and Environment (CDPHE) to suspend all CPP implementation activities.

“In granting the stay on the EPA’s so-called Clean Power Plan, the US Supreme Court said there is a likelihood that the 27 states now suing the EPA will prevail in court and that allowing EPA to proceed without a stay would do irreparable harm to the states,” said Cadman. “That being the case, Colorado should follow the federal court ruling and suspend all CPP implementation.”

Senator John Cooke (R-Weld County) called the stay “a great victory for Colorado ratepayers and the rule of law. This US Supreme Court decision should send a strong message to the Governor not to force Colorado working families into an expensive, likely unconstitutional EPA plan that will cost Coloradans thousands of jobs.”

Senator Jerry Sonnenberg (R-Sterling) said he is very surprised by the White House and CDPHE statements defying the Supreme Court ruling. “Today the CDPHE said it is ignoring the stay and proceeding to implement the CPP. That is unacceptable, and Governor Hickenlooper needs to explain why his administration is not complying with the federal court order,” said Sonnenberg.

Republicans also offered praise for Attorney General Cynthia Coffman’s participation in the 27-state court challenge, which has drawn fire from Gov. Hickenlooper.

“We owe a big ‘thank you’ to Attorney General Cynthia Coffman for challenging the plan in federal court,” said Cooke. “This victory illustrates the value of having an attorney general who can act independently from the governor when the public interest demands it.”

As a reminder, the Heritage Foundation’s Nic Loris outlines just how much an impact the Clean Power Plan would have on its intended target–climate change:

The plan, which the EPA finalized in October 2015, requires most states to meet individual carbon dioxide emissions reduction goals for existing power plants by 2022 and again in 2030. States are to submit plans about how they would comply with the regulations by September but could ask for two-year extensions. As Politico reports, “[l]awsuits over the rule are expected to continue into 2017 at the earliest, with the Supreme Court widely expected to be the final arbiter of the regulation.”

To be clear, the Clean Power Plan has nothing to do with regulating pollutants that have adverse impacts on human health. Instead, it focuses strictly on attempting to combat global warming. Attempting is the operative word.

Even if you accept the administration’s premise that climate change is an urgent threat (which is questionable), the regulation would have almost no effect on global warming. If the states implemented the regulations flawlessly, a near impossibility, the Clean Power Plan would avert a mere 0.02 degrees Celsius by 2100.

As we say frequently on this blog, there will definitely be more to come!

February 4 Colorado Energy Cheat Sheet: Local governments face production-related revenue downturn; more red tape sought for resource development; Wyoming’s cautionary tale

Pushing for bans on fracking or other measures to limit responsible natural resource development will only exacerbate problems at the local level, putting education, infrastructure, and other critical services at risk, on top of the drop noted here in the Denver Post due to commodity prices tanking:

Because 97 percent of Platte Valley’s budget comes from taxes paid on mineral production and equipment — a property tax known as ad valorem — McClain said his district could be looking at a budget reduction between $300,000 and nearly $1 million next school year.

How that plays out in terms of potential cuts or program impacts is yet to be seen, he said.

“You’re always concerned about your folks,” McClain said. “You worry about it taking the forward momentum and positivity out.”

It’s not just schools that are suffering. Municipal budgets, local businesses and even hospitals in mineral-rich pockets of Colorado are watching closely to see how long prices remain depressed.

Combine that with a 72.3 percent drop in severance tax revenue–down to $77.6 million this year compared with $280 million last fiscal year–and you’ll get, in the words of the Post, “the state’s direct distributions of those proceeds to cities, counties, towns and schools will be reduced from a little more than $40 million in 2015 to just $11.9 million this year.”

Nearly 75 percent drop, just from falling oil prices. Put on top of that more red tape, or eliminate the practice altogether, and eventually those figures will head toward zero (no production = no tax revenue).

This is what is at stake when it comes to pushing back against the repetitively dubbed “common sense” regulation that threatens a rather large portion of the state’s economy.

***

Speaking of restrictions:

BRIGHTON — Adams County leaders made it clear Wednesday morning that they won’t support a 10-month ban on new oil and gas activity in urban parts of the county after hearing nearly eight hours of testimony that began Tuesday night.

Commissioner Chaz Tedesco said he wasn’t comfortable imposing a moratorium on an industry that has proved critical to Adams County’s economy. He said he supported hiring an attorney that can make sure the county is making the best deals with industry as possible.

“I want to make the right decision with the right information,” Tedesco said.

His colleague, Erik Hansen, said oil and gas workers are not the villains their opponents make them out to be and that the county has a good site-by-site evaluation system already in place.

“You know what? The folks who work in the industry care about their kids too,” he said.

Those families–the workers and the kids–live in the communities. It may be stunning to anti-energy activists, but those developing and producing the energy that drives your car (gas OR electric), heats and cools your home, keeps your iPads and laptops running, and generally produces an incredible standard of living for you might live right next door. *shudder*

Good on Adams County for rejecting hyperbolic, paranoid nonsense.

***

And not to be outdone by the anti-fracking ballot measures proposed at the state level, Colorado legislators are looking to add more red tape, because enough is never enough, and the Colorado Oil and Gas Conservation Commission’s rulemaking last month did not address those concerns, say energy development opponents:

Democrats in the Colorado House, where that party has a majority, are expected to introduce two measures later this session, one making it easier for surface property owners to collect damages from mineral rights owners if their properties are damaged, and a second measure to give local governments more regulatory authority over drilling within their jurisdictions.

House Speaker Dickey Lee Hullinghorst, D-Boulder, said that second idea is something she highly supports.

“I think this bill would be a very reasonable approach,” she said. “I have always felt that’s where you have to get at, the conflict in property rights.”

Regardless of those measures, the backers of several proposed ballot measures dealing with fracking are still going ahead with their ideas.

Those proponents, who could not be reached for comment, have said they were not satisfied with new regulations approved by the Colorado Oil and Gas Conservation Commission last week. They said those new rules, the result of a special task force established by Gov. John Hickenlooper as a compromise to keep the proposals off the ballot in 2014, didn’t go far enough.

Rest assured, short of the outright ban, anti-energy folks will not back off even if all of the proposed measures are put into place. New development might be blocked, but continuing extraction would still be a target. They will never be satisfied, until all development is 100 percent eliminated.

Don’t take my word for it:

The Sierra Club Rocky Mountain Chapter would like the entire state of Colorado to be 100% renewable, beginning with Denver. Becky English, the executive committee chair for the Sierra Club, responded to an email about a sustainability summit scheduled for early December in Denver:

I would have liked to share that the Sierra Club national board has declared a goal of powering the electric sector by 100% renewable energy nationwide, and that the Rocky Mountain Chapter has adopted the goal for Colorado. I will approach you offline about how best to work toward this goal in Denver.

And that’s just the Sierra Club–see also here and here.

***

Stakeholder meetings or dog-and-pony shows supporting the Clean Power Plan and the state’s agencies dedicated to enforcing the rule (Colorado Department of Public Health and Environment)–the Gazette certainly has an opinion:

Reality struck when the Colorado Department of Public Health and Environment took the show to Brush, a rural eastern plains town where people work hard to earn a buck.

Four of five panel members were cheerleaders for the president’s plan, which has the full support of Gov. John Hickenlooper. Panelist Kent Singer, an attorney and executive director of the Colorado Rural Electric Association, offered the panel’s only balance. He said public utilities and electric cooperatives are supposed to provide reliable energy at a price households, farms, ranches and businesses can afford. The president’s plan, he worries, would impose hardships.

Audience participants crashed the party to explain how eastern Coloradans have invested in hundreds of wind turbines that won’t count toward the proposed standards, as the plan would disqualify assets built before 2013.

State Sen. Jerry Sonnenberg told state officials he represents 21,000 square miles that host more wind turbines than the rest of the state combined, and most would not qualify. He worries about constituents having to fund investments they already made in vain.

“We can look at the lower middle class, the working poor, the poor and the elderly and see how they would be impacted, and how it would make it even tougher for them,” Sonnenberg said. A farmer who spends $10,000 on energy to irrigate a field would take a big hit, the senator explained, at a time when some crop prices have plunged.

State health officials need to get serious about their presentation for the remaining “All Stakeholder” meetings in Pueblo and Craig. This plan poses serious consequences for those who cannot afford haphazard and experimental efforts to control the climate. We need a balance of experts presenting a variety of views, not another panel stacked with support for a political agenda.

Having attended one of the first CDPHE “stakeholder” events back in September 2015, I can assure the reader that comments in favor of the Clean Power Plan ran about 15 to 1, with plenty of others from industry to rural electric co-ops basically pleading for the agency to implement the rule as mercifully as possible.

It’s clear from the first few events that the stakeholder process is nothing more than a three ring circus for advocates like activists and renewable energy businesses to show up and applaud the agency, giving it a rather unnecessary shot in the arm of confidence. Meanwhile, the folks who actually bear the brunt of the rule itself, whether it’s the ratepayer who pays for the energy and the guaranteed profit for the utilities (all stranded assets like coal plants having to be replaced with more expensive energy alternatives), the taxpayer who is on the hook for subsidizing unaffordable and unreliable energy alternatives, the farmers and investors who were sold a bill of goods in years past of being part of a “New Energy Economy” by previous politicians only to be passed over and not counted as renewables anyway . . . the list goes on and on.

The CDPHE process is really illustrative of quite a few economic concepts, from crony capitalism to captive regulation, concentrated benefits vs. dispersed costs, and government intrusion in the free market to pick energy winners and losers. In this case, the winners repeatedly show up and applaud. The potential losers are taken out of the process, and must rely on lawsuits like the multi-state challenge joined by Attorney General Cynthia Coffman, or the much more distant hope of an administrative change in policy due to a shift in the political climate at the Federal level.

***

Turning to updates on the Gold King Mine spill:

DENVER – Southwest Colorado feels forgotten in the aftermath of the Gold King Mine spill, state lawmakers heard Wednesday.

Rep. Don Coram, R-Montrose, expressed the sentiment to a House committee just before the panel killed his legislation that would have allowed the state to file lawsuits against the federal government on behalf of individuals impacted by the spill.

Coram was especially irked by the fact that the measure was assigned to the House State, Veterans and Military Affairs Committee, a committee sometimes used by the majority party to kill legislation deemed unpopular by leadership. Democrats control the House.

The bill died on a 5-4 party-line vote.

“If this (Gold King spill) had happened in a metropolitan area, we would be doing something. But the fact is, in rural Southwest Colorado, we … have the opinion that the Front Range does not care who suffers in rural Colorado,” Coram told the committee.

And while state efforts to provide relief failed, Congressional inquiries into the EPA-caused spill continue apace, with calls for transparency and clarification over the role of the EPA in a report from the Department of the Interior that was supposed to be impartial and independent:

A key report on the Gold King Mine disaster, which poisoned drinking water for three states and the Navajo Nation, is now being questioned by congressional committee and subcommittee chairmen.

New evidence may “contradict” Environmental Protection Agency Administrator (EPA) Gina McCarthy’s “repeated assertions” to the Senate Committee on Environment and Public Works (EPW) “that EPA had reviewed only a [Department of the Interior] press release and had no role in DOI’s independent review” of the Gold King Mine blowout, according to a Wednesday letter to McCarthy.

“Please clarify … that DOI did not have a conflict of interest, that its review would be independent and that EPA officials had no involvement in DOI’s review,” committee Chairman Jim Inhofe and Superfund, Waste Management and Regulatory Oversight Subcommittee Chairman M. Michael Rounds wrote.

The DOI report detailed that the EPA-caused Gold King Mine spill, which sent three million gallons of wastewater into Colorado’s Animas River, was preventable. The report stated, however, events at the site before and after the incident were beyond the investigation’s scope – even though such details were sought by the EPW committee.

We’ll keep an eye on this development.

***

News from our Wyoming neighbors, a cautionary tale of how the current administration’s push to kill coal will likely kill local communities too:

President Barack Obama’s administration has ordered a three-year moratorium on sales of federal coal reserves, and it’s putting a rare mood on folks in Gillette, a ranching-turned-energy town of 32,000: pessimism.

“Most of the time it comes back. This time, I don’t know,” said Bobbie Garcia, watching her daughter summit a two-story climbing structure at the town’s $53 million recreation center largely built with coal money.

Until recently, the Powder River Basin of Wyoming and Montana remained a rare bright spot for the industry. Even as Appalachian mines shut down and cheap natural gas started crowding out coal as a power plant fuel, economies of scale kept the region rumbling.

Massive strip mines sprawled across tens of thousands of acres, much of it in the Thunder Basin National Grassland, produce roughly 40 percent of the nation’s supply of the fuel.

For Gillette and other communities, that means more than 7,000 mining industry jobs. And not just fly-by-night, roughneck gigs, but the sort that sustain families year after year, pointed out Michael Von Flatern, a state senator who has lived in Gillette since the early 1970s.

The sort of jobs that are likely irreplaceable. Also, it’s no easy task replacing 40 percent of the country’s coal, considering that 23 percent of U.S. energy production still comes from that resource. Compare that to 0.5 percent for solar and 2 percent for wind, according to the Energy Information Administration through 2014 (the last full year).

If you want to know what’s headed for Colorado, look north. Or ask the folks in Moffat County about the Colowyo Mine situation from last year.

January 6 Colorado Energy Cheat Sheet: fracking foes awaken; legislative session promises energy battles; EPA and Gold King Mine saga

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.

Encouraging.

***

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 17 Colorado Energy Cheat Sheet: Environmental ‘Propaganda’ Agency; electric rate hikes called ‘discrimination’; anti-energy activists promise to ‘ratchet up’ efforts

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.”

December 3 Colorado Energy Cheat Sheet: US House resolutions push back on Clean Power Plan, rail vs. pipelines in Denver, Gold King Mine owner has strong words for EPA

December 3, 2015 by michael · Comments Off
Filed under: CDPHE, Environmental Protection Agency, Hydraulic Fracturing, New Energy Economy 

The U.S. House passed two resolutions on the Clean Power Plan and carbon emissions this week:

The House sent a resounding message to the nations gathering in Paris for international talks on climate change by approving two Senate resolutions to block President Obama’s restrictions on power plants.

The resolutions now go to Obama. When the resolutions passed the Senate last month, the White House said Obama would veto the resolutions.

The House on Tuesday voted 242-180 to block the Clean Power Plan, a mostly symbolic measure by Congress to stop President Obama’s signature environmental regulation. The chamber also passed a second resolution to block carbon emissions limits on new power plants, 235-188.

The Clean Power Plan, seen as Obama’s signature environmental regulation, is the centerpiece of the administration’s commitments to the 21st Conference of Parties, or COP21, being held in Paris during the next two weeks.

Rep. Ed Whitfield, R-Ky., said the vote is meant to show the 195 other countries gathering in Paris that there are serious objections to the Obama’s plans in the United States.

“We want to send a message to the climate change conference in Paris that in America there’s serious disagreement with the extreme policies of this president,” Whitfield said.

***

There are at least two ways to ship crude oil and related fuels–by rail or via pipeline–and the recent surge in tank cars on the nation’s rail lines have mashed up against the rapid urbanization of former industrial and commercial areas of Denver, such as the neighborhoods between Union Station and the Platte River:

Peering through four panes of insulating glass, it’s not the noise that bothers Don Cohen as a daily parade of freight trains passes 50 feet outside his condo. He and some Riverfront Park neighbors are troubled by what they’re seeing on the tracks more frequently. Tanker trains carrying crude oil and other flammable liquids — reflecting a shift in energy trends — rumble past the gleaming high-rise condo and apartment buildings several times a week, he says.

Those tankers pass near other Denver neighborhoods, too, old and new, upscale and hardscrabble. Highways and railroads box in some areas, with only one way out if disaster were to strike.

The trains also travel near the city’s major sports venues and Elitch Gardens Theme and Water Park, raising fears among some about what might happen in a fiery derailment or other accident — however small the chances might be.

Appeals by Cohen and others to city officials for increased emergency planning have met with mixed success.

It’s difficult to ignore that the rail lines in the region have

The numbers of rail shipments have increased over the past 7 years:

Nationally, crude oil volume on the rails has skyrocketed from just shy of 10,000 tank cars in 2008 to about 500,000 last year, The Associated Press recently reported. In Denver, according to city officials’ summary of reports by the two major railroads, trains carried well over 15,000 tank cars of flammable liquids in a recent one-year period, including 8,000 filled with crude oil.

***

The owner of the Gold King Mine shares more insights into the August Environmental Protection Agency-triggered spill in southwest Colorado:

Todd Hennis, owner of the Gold King Mine, was vacationing at a remote lake in upstate New York when a friend sent him images of the Environmental Protection Agency-contracted crew’s triggered blowout on his property, effectively turning the Animas River into an orange spectacle. He was speechless and horrified, but not surprised.

“I’ve been trying to make everybody aware of the dangers posed by the Sunnyside Mine pool for 14 years,” he told The Durango Herald last week. “But when I saw the pictures, I just felt my life was over. I just thought, ‘Oh God, what did they do?’”

The EPA, investigating the Gold King Mine’s partially collapsed tunnel, accidently released an estimated 3 million gallons of acid mine drainage Aug. 5 into Cement Creek, down the Animas River and into the San Juan River in New Mexico.

Hennis, for his part, has long maintained increased flows from the Gold King Mine are a result of groundwater seeping from the vast, adjacent Sunnyside Mine network after it was plugged, first in 1996.

“I went up to the Sunnyside offices that were in Gladstone at that point and said, ‘I’d like to talk about the discharge,’” he said. “They denied everything, and have been denying it ever since.”

Hennis minced no words about how he felt since the EPA took over four months ago:

In the aftermath of the Aug. 5 blowout, Hennis said he gave the EPA the keys to his land for an immediate cleanup response. But since, he claims the federal agency has enforced a complete takeover of his property.

“They’ve been so thoroughly arrogant, incompetent, and frankly criminal in their outlook, that it’s kind of like dealing with the mafia,” he said. “It is very much an act of rape. I don’t mean to denigrate women who’ve gone through it, and for that matter, some men, but it’s been such an ugly penetrative act on an unwilling victim.”

An unrelated uranium mine spill near Cañon City has activists comparing it to the EPA Gold King Mine spill, though the volume is nowhere near as large as the August spill, and was located at a 30-year-old Superfund site (a designation many desired for area around the Gold King Mine):

Colorado health officials were reviewing an explanation from Cotter Corp. on Monday after a spill at Cotter’s defunct uranium mill in central Colorado — one of the nation’s slowest Superfund cleanups.

A pipeline leaked about 1,800 gallons last week on Cotter’s 2,538-acre property uphill from Cañon City and the Arkansas River.

Well tests in July found water in the waste pipeline area contained elevated uranium (577 parts per billion, above a 30 ppb health standard) and molybdenum (1840 ppb, above a 100 ppb standard).

This spill was the latest of at least five since 2010. Federal authorities in 1984 declared an environmental disaster and launched a Superfund cleanup.

This spill prompted comparisons to the EPA’s toxic spill near Durango:

“They need to eliminate the contamination at its source,” said attorney Travis Stills, who represents the community group Colorado Citizens Against Toxic Waste.

Buried mill tailings and impoundment ponds “continue to be sources of contamination. It’s some of the most toxic mining residue you could have — all of what you’d expect to find at a Gold King disaster, plus an overlay of uranium and radioactive isotopes, flowing into groundwater with a very direct route to people and the Arkansas River, ” Stills said. “What’s it going to take to get real action?”

***

Approximately 89 percent of the state’s oil production, or nearly 100 million barrels by year’s end, will come from Weld County in 2015, despite declining energy prices:

Despite a general slowdown in oil drilling across the Denver-Julesburg Basin and elsewhere, production growth in Weld County this year is on track to top 100 million barrels of oil.

Oil production growth in the county continues to cast a long shadow over the rest of the state, with more than 89 percent of the state’s production this year coming from Weld, up from 85 percent in 2014.

Industry analysts say operators are getting more oil from every well by drilling the best parts of the basin, employing improved well fracturing techniques and optimizing operations.

“We are seeing a relentless drive to push down costs across the basin,” said Reed Olmstead, manager of North America supply analytics, upstream strategy and competition at IHS Energy in Englewood. “Improved productivity is an important part of well economics, and in this price environment, only the best wells are getting drilled.”

Here are some of the staggering numbers from Weld County:

For the first half of 2015, Weld oil production averaged 8.7 million barrels per month, up from a monthly average of 6.7 million barrels in 2014.

Statewide oil production for 2015 so far is at 79.46 million barrels. Of that, 70.85 million barrels, or 89 percent, were produced in Weld. Rio Blanco is the second-largest oil county in Colorado with 2015 production of 2.6 million barrels produced to date.

Barring an unexpected drop-off in production, Weld is on pace to produce more than 100 million barrels of oil this year, a remarkable milestone considering the county produced just 26.8 million barrels in 2011.

In 2014, Weld produced 81.4 million barrels, or 85 percent, of the statewide total of 95.2 million barrels. For Weld, that was an increase of 13.8 million barrels, or 19 percent, from 2013 production.

***

Meanwhile, Sen. Michael Bennet (D) has introduced a bill designed to spur carbon capture technology:

A bipartisan measure being carried by U.S. Sen. Michael Bennet and a Republican senator from Ohio aims to boost capture and storage of carbon dioxide, which would not only keep it out of the atmosphere but make it available for use in boosting oil production.

Bennet, D-Colo., and Sen. Rob Portman introduced the Carbon Capture Improvement Act last month. It would help power plants and industrial facilities finance the purchase and installation of carbon capture and storage equipment. Businesses would be able to make use of private activity bonds, which typically are used by local or state governments, are tax-exempt, and can be paid back over a longer period of time.

The captured carbon dioxide could be stored underground or used by energy companies in a process known as enhanced oil recovery.

“This bill would reduce upfront costs, one of the largest impediments to carbon capture technology. It is good for the economy and good for the environment,” Bennet said in a recent news release. “In Colorado it would enhance our diverse energy portfolio. The captured carbon dioxide can be used by oil producers to extract more oil out of current wells — improving our energy security and boosting domestic energy production. It also reduces emissions from power plants and industrial facilities to help keep our air clean — which is something that Coloradans value and makes our state an attractive place to live.

“This bipartisan bill is a market-based, technology-neutral approach to attacking the problem that carbon dioxide creates.”

***

Finally, State Sen. Jerry Sonnenberg (R-SD1) says no to a carbon tax:

A tax on CO2 would also negatively impact those not directly tied to Colorado’s coal industry. From home heating to electricity to transportation, Coloradans depend heavily on energy to power their lives. The NAM study estimates that, under a carbon tax, prices for natural gas used for heating and electricity would rise more than 40 percent. Meanwhile, gasoline prices at the pump could jump by more than 20 cents a gallon. These price hikes will affect every family and business in the state and, by 2023, as many as 52,000 people could be put out of work.

This would hit rural Colorado especially hard, as the state’s agricultural sector would face higher prices at every level of production. These costs will ripple throughout the economy, affecting everyone from the ranchers and farmers who drive Colorado’s $40 billion agriculture industry, to families buying local produce.

This regressive, job-killing tax is often advertised as a market solution to cutting emissions. In reality, it’s simply another means of artificially raising the prices of affordable, reliable electricity and pressuring investment in expensive, unreliable energy sources like wind or solar. Rather than imposing additional costs on Colorado families, policymakers should adopt a real market solution that relies on technological innovation and consumer choice while retaining economic growth and low energy prices. If Colorado’s leaders are committed to protecting hard-working Coloradans and growing the state’s diverse economy, they should reject a carbon tax.

August 13 Colorado Energy Roundup: EPA dumps on Colorado with Clean Power Plan, Ozone rule–then releases a toxic mess!

August 13, 2015 by michael · Comments Off
Filed under: CDPHE, Environmental Protection Agency, Legal, Legislation, PUC 

To say the Environmental Protection Agency has been in the news lately would be an understatement. Just this time last week, less than 24 hours after triggering a spill of toxic sludge including heavy metals into the Animas River in SW Colorado, most folks were unaware of the situation due to a lack of EPA communication–but more on that in a minute.

They were too busy focused on the new carbon-cutting Clean Power Plan rules being dumped on the state by the regulatory side of the agency.

Here’s a recap of the CPP, as Independence Institute’s Mike Krause can explain:

Or more in depth from former Colorado Public Utilities Commission chair, Ray Gifford:

Last week the EPA finalized the rule, as we told you in last week’s edition of the Energy Roundup, with the Colorado Attorney General Cynthia Coffman considering joining a multi-state lawsuit challenging the CPP’s legality, and legislators possibly returning to some form of transparency or oversight for the CPP state implementation plan, now with pushed back deadlines (and therefore more sessions to seek legislation).

The Independence Institute has a CPP backgrounder that provides further details.

EPA Administrator Gina McCarthy discussed the launch of the CPP in a video on Tuesday.

***

Hot on the heels of the CPP, the EPA expects to finalize rules for ground-level ozone some time in October. But large and small businesses alike, from the National Association of Manufacturers to Colorado Association of Commerce and Industry, joined the Center for Regulatory Solutions (CRS), a project of the Small Business Entrepreneurship Council (SBE Council), in a press call yesterday to announce a new study that looked at the effects of the ozone rule on Colorado. The sheer volume of bipartisan commentary opposing the proposed ozone reduction is particularly eye-opening in these normally contentious times, and shows a break with the EPA on new regulations–the ozone rule might be a step too far following so closely behind the CPP:

“This ozone proposal gives the federal government far too much control over state and local planning decisions that shape the Colorado economy,” said Karen Kerrigan, President of the Small Business and Entrepreneurship Council. “Colorado is one of the biggest success stories of the federal Clean Air Act, but now the EPA is moving the goalposts. The standard is so strict – approaching background levels in some areas – that the vast majority of the state economy will be found in violation immediately. Violation of the ozone standard gives EPA the authority to effectively rewrite state and local environmental laws the way Washington wants.”

“No wonder this EPA proposal has been met with such strong and diverse opposition from across Colorado’s political spectrum. Washington officials, all the way up to President Obama himself, should listen to the voices coming from Colorado and across the country and once again give the current standard a chance to work.”

A sample of the key findings:

By lowering the National Ambient Air Quality Standard from 75 parts per billion (ppb) into the 65 to 70 ppb range, EPA would force, with a single action, at least 15 counties in Colorado to be in violation of federal law. These happen to be some of Colorado’s most populated counties, concentrated in the Denver metropolitan area, but a number of counties on the Western Slope may be dragged into non-attainment as well. Together, these 15 counties are responsible for 89 percent of Colorado’s economy and 85 percent of state employment. (Page 3)

Under the Clean Air Act, cities and counties that do not meet the NAAQS for ozone are placed into “non-attainment,” or violation of federal environmental standards. Once in non-attainment, local and state officials must answer to the federal government for permitting and planning decisions that could impact ozone levels. State officials are required to develop an “implementation plan” that imposes new restrictions across the economy, especially the transportation, construction and energy industries. The EPA has veto power over these implementation plans. States that refuse to comply, or have their implementation plans rejected, face regulatory and financial sanctions imposed on them directly from the federal government. (Page 19)

The report, entitled “Slamming the Brakes: How Washington’s Ozone Plan Will Hurt the Colorado Economy and Make Traffic Worse” has revealed that opposition to the ozone rule with a river of comments from Colorado state and local officials.

Here’s a sample of the bipartisan criticism:

State Senator Cheri Jahn (D):

“Coloradans care deeply about the environment. After the great progress we have made on air quality, our state should be praised, not punished. This ozone proposal out of Washington, D.C. scares my constituents, because it could hamstring our regional economy and cost jobs.

We have worked so hard to bring manufacturing jobs to Colorado, and by moving the goal posts on ozone, the EPA is going to chase manufacturing jobs away from our state. This plan could also gum up the approval process for badly needed road and transportation investments, which will make our traffic worse, and make it much harder to attract new industries, grow existing businesses, and strengthen Colorado’s middle class.”

State Senator Ellen Roberts (R):

“If the EPA carries out this ozone plan, Western Colorado will be placed at a terrible economic disadvantage. We have worked hard to responsibly care for our environment even as we grow and diversify our economy.

Tightening the ozone standard any further just does not make sense when the existing standard, which is less than 10 years old, is working. I urge the EPA to reconsider this plan and leave the 2008 standard in place.”

State Senator Jerry Sonnenberg (R):

“The EPA’s proposed new standards would drive small family farms such as mine out of business. We have never been able to afford new equipment and if the only way to comply with this new standard is with new equipment, my family would have to leave agriculture. Even if we could meet the standards with expensive upgrades to our machinery, the increased costs to finance those upgrades, as well as the fuel and the fertilizer, takes a marginally profitable farm and turns it into one that can’t make its payments.

Unless you want to see the family farm only as a memory, one must make the EPA understand that their new standards will have a devastating effect on rural America and the agriculture economy.”

Routt County Commissioners Douglas Monger (D), Cari Hermacinski (R), Timothy Corrigan (D):

“We set and meet high standards because we know it is good for our people and our state. So you might expect us to support the Environmental Protection Agency’s proposed standards for ground-level ozone. Those standards, however, are too overbearing and are meeting with a lot of resistance even in places where air quality regulations are welcome…

These standards must not be implemented. If they go forward as proposed, they will do more than put good people out of work and cause hardships for communities that have done so much to protect the land, air and water around them. They will turn away a lot of people who have been receptive to the idea that government can be trusted to do environmental regulation the right way.”

NAM also released a video ad buy, to be seen across Colorado over the next few days:


***

Only the sheer quantity of toxic material–some 3 million or so gallons of Sunny-D colored water laden with heavy metals–comes close to the media coverage of one of the biggest environmental stories in recent Colorado history.

Most of the stories have been widely publicized and shared, so here is a quick look at this EPA-related (not strictly energy-related) blockbuster news blitz from just the past two days alone, in reverse chronological order (most recent first):

EPA Contractor Behind CO Mine Spill Got $381 Million From Taxpayers:

The EPA is not letting the public know the names of the government contractors responsible for spilling three million gallons of toxic wastewater from a southern Colorado mine. The agency is holding the information close — so close, the Colorado attorney general’s office doesn’t have it.

A spokesman with the Colorado attorney general’s office told The Daily Caller News Foundation the EPA had not disclosed the names of the federal contractor that caused millions of gallons of wastewater into the Animas River — leaked contaminants include zinc, copper, cadmium, iron, lead and aluminum.

EPA Withholding Mine Spill Info From State AGs:

The EPA is not letting the public know the names of the government contractors responsible for spilling three million gallons of toxic wastewater from a southern Colorado mine. The agency is holding the information close — so close, the Colorado attorney general’s office doesn’t have it.

A spokesman with the Colorado attorney general’s office told The Daily Caller News Foundation the EPA had not disclosed the names of the federal contractor that caused millions of gallons of wastewater into the Animas River — leaked contaminants include zinc, copper, cadmium, iron, lead and aluminum.

Animas River outfitters shut as plume passes, but say they’ll endure:

“Very difficult,” said Alex Mickel, who has turned hundreds of customers away from his Mild to Wild Rafting each day since the Environmental Protection Agency accidentally unleashed a 3 million gallon torrent of toxic mine water into the headwaters of the Animas last week.

“We are anticipating around $150,000 to $200,000 in lost revenue,” Mickel said. “But from an emotional standpoint, it’s difficult to see a beautiful river damaged in this way.”

Animas River spill leaves Colorado, neighbors weighing EPA lawsuit:

The attorneys general of Colorado, New Mexico and Utah said Wednesday that a lawsuit against the Environmental Protection Agency is an option in the wake of a massive mine wastewater spill caused by the agency.

All three, however, agreed that it’s too early to say if they will sue.

“I would hope that it would not be necessary,” Colorado’s Cynthia Coffman, a Republican, said of a suit in an interview with The Denver Post. “The statements by the (EPA’s administrator) indicate the EPA is accepting responsibility for the accident. The question is: What does that mean? What does accepting responsibility mean?”

Hickenlooper drinks Animas River water to make a point:

Gov. John Hickenlooper on Tuesday drank a hearty gulp of the Animas River in an effort to highlight that the river has returned to pre-contamination conditions.

The governor and his health department director, however, cautioned that citizens should not be freely drinking from the river, because the water was unsafe for consumption even before the Environmental Protection Agency released an estimated 3 million gallons of mining wastewater into it.

But the drinking exercise indicated that state officials are more than confident that the river does not pose a toxic risk to humans, as they publicly stated on Tuesday.

“Am I willing to go out there and demonstrate that we’re back to normal?” Hickenlooper asked out loud after The Durango Herald raised the idea with the governor. “Certainly. I’m happy to do that. I’m dead serious.”

Navajos Distrustful OF EPA Promises On Toxic Mine Spill:

Navajo Nation is furious with the EPA, not just because the agency accidentally spilled three million gallons of toxic mine waste in the region, but because the agency is allegedly trying to get tribal members to waive rights to future compensation for damages incurred by the toxic spill.

“The federal government is asking our people to waive their future rights because they know without the waiver they will be paying millions to our people,” Navajo President Russell Begaye told Indianz.com. “This is simple; the feds are protecting themselves at the expense of the Navajo people and it is outrageous.”

Congressmen: EPA Must Answer For Spilling Toxic Waste:

Republican congressmen are calling for the EPA to be held accountable for spilling 3 million gallons of toxic mine wastewater into the Animas River last week, especially since the agency is a government entity and won’t be punished to the same degree a private company would for spilling waste.

“The EPA must be held accountable for its actions,” Rep. Lamar Smith told The Daily Caller News Foundation in an emailed statement. “If a private company caused such a disaster, it would be hit with substantial penalties and would be required to pay for cleanup.”

“In this case, it will be the taxpayers who foot the bill,” the Texas Republican said. “The EPA has an obligation to the families and businesses that have been devastated by this spill.”

Screen Shot 2015-08-12 at 9.51.55 PM

From the Denver Post house editorial:

The U.S. Environmental Protection Agency’s clumsy, tone-deaf response to the toxic disaster on the Animas River was an embarrassment even to the EPA. One agency official managed to admit the reaction was “cavalier,” but that’s putting a mild face on it.

Top EPA official takes responsibility for Colorado mine spill:

EPA Administrator Gina McCarthy said Tuesday in Washington, D.C., that she takes full responsibility for the spill, which she said “pains me to no end.” She said the agency is working around the clock to assess the environmental impact.

Hickenlooper sees a silver lining:

“Colorado’s governor thinks a mine spill accidentally triggered by an EPA crew will move the state and federal government to more aggressively tackle the “legacy of pollution” left by mining in the West.

Gov. John Hickenlooper said Tuesday that much of the wastewater has been plugged up, but the state and the Environmental Protection Agency need to speed up work to identify the most dangerous areas and clean them up.

The former geologist says that if there’s a “silver lining” to the disaster, it will be a new relationship between the state and the EPA to solve the problem.”

Navajo Nation Mourning, Pleading for Help After Toxic Mine Spill Contaminates Rivers

John Hickenlooper calls Animas River disaster “unacceptable”:

Gov. John Hickenlooper on Tuesday stood on the banks of the Animas River and said last week’s spill of 3 million gallons of contaminated mining waste water into its flow was “in every sense, unacceptable.”

He said the long-term effects of the spill, which happened as the Environmental Protection Agency was investigating the contaminated mine, are unknown.

The governor said he has spoken with the head of the EPA, Gina McCarthy, and described her as “committed” and “firm” in her resolve to respond to the spill. McCarthy will be in Durango and New Mexico on Wednesday, she said Tuesday on Twitter.

“I think we share the anger that something like this could happen,” Hickenlooper said. “But I think that said, our primary role is now: that’s behind us and how are we going to move forward.”

EPA Shrugs after Spilling Millions of Gallons of Toxic Water into a River in the Mountain States

EPA Chief Apologizes as Anger Mounts:

Environmental Protection Agency Administrator Gina McCarthy apologized Tuesday for a mine spill in Colorado that her agency caused last week and planned to travel to the area Wednesday, amid increasing criticism from lawmakers about the EPA’s response.

Ms. McCarthy said at a news conference in Washington that she was still learning about what happened, responding to a question about whether the EPA was reviewing changes in how it cleans up old mines. “I don’t have a complete understanding of anything that went on in there,” she said. “If there is something that went wrong, we want to make sure it never goes wrong again.”

EPA won’t face fines for polluting rivers with orange muck:

Unlike BP, which was fined $5.5 billion for the 2010 Deepwater Horizon disaster, the EPA will pay nothing in fines for unleashing the Animas River spill.

“Sovereign immunity. The government doesn’t fine itself,” said Thomas L. Sansonetti, former assistant attorney general for the Justice Department’s division of environment and natural resources.

And of course, some folks don’t think the EPA should be blamed . . .

June 4 Energy Roundup: Hickenlooper vs. EPA, New Mexico enviro officials cast doubt on Clean Power Plan, and the return of ‘green’ billionaire Tom Steyer

June 4, 2015 by michael · Comments Off
Filed under: Archive, Environmental Protection Agency, Legislation, New Energy Economy, PUC 

The Independence Institute’s Amy Oliver Cooke will moderate a free panel on June 17 in Steamboat Springs, Colorado, discussing the embattled Colowyo Coal Mine in northwest Colorado:

“The Coming Storm of Federal Energy Regulations and Their Impact on Colorado Business”

Are you concerned about the future of the Colowyo Coal Mine? Want to know more about costly new EPA regs on carbon and ozone??

Join our panel of experts to get the facts and get your questions answered.

WHEN: 5:30 to 7 p.m., Wednesday, June 17 (doors open at 5 p.m.; cash bar)

WHERE: Strings Music Pavilion, Steamboat Springs, Colorado

**FREE AND OPEN TO THE PUBLIC**

Questions? info@steamboatinstitute.org or (970) 846-6013

Moderator: Amy Oliver Cooke
Director, Energy Policy Center Independence Institute

94414057-8439-4f5c-94c2-9d7256bd5ad9

FORUM PANELISTS

588aabb9-5faa-4e26-a36c-3b80c2e6f27b
RAYMOND L. GIFFORD
Attorney/Partner, Wilkinson Barker Knauer LLP; former Chairman of the Colorado Public Utilities Commission

330477aa-7040-4f37-9fb5-7be8895415ef
DAN BYERS
Senior Director of Policy, Institute for 21st Century Energy – U.S. Chamber of Commerce

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LEE BOUGHEY
Senior Manager of Corporate Communications & Public Affairs – Tri-State Generation & Transmission Assoc.

***

One of New Mexico’s leading environmental officials calls the Environmental Protection Agency’s Clean Power Plan’s scope–and legality–into question:

New Mexico environmental officials are among others in two dozen states pushing back against proposed federal restrictions on emissions from existing power plants. Without state support, the proposed Clean Power Plan won’t reduce carbon dioxide emissions the way the Obama administration hopes it will, according to a new report released by the nonprofit Brookings Institute.

When it comes to clean air, the federal government can set standards, but states decide how to enforce them. New Mexico Environment Department Secretary Ryan Flynn, an attorney, is one of many environment officials across the country who think the rule has problems and may be illegal.

“We agree with the overall goal of the proposed Clean Power Plan,” said department spokeswoman Allison Majure in a statement. “However, we are also extremely concerned about the unprecedented breadth of the proposal.”

New Mexico’s comments on the CPP revealed a pattern of failing by the EPA to communicate with other agencies and states in crafting the proposed clean air regulations:

Majure added in her statement, “The Environmental Protection Agency is using the Clean Air Act, which was designed to control air pollution at the source, to dictate America’s energy policy for the next 20 years,” reflecting comments the department filed with the EPA regarding the rule months ago.

She also said the EPA failed to consult with the Federal Energy Regulatory Commission, energy producers and the Department of Energy in crafting the plan.

The full Brookings report in the article above can be viewed and downloaded here.

***

State Sen. Jerry Sonnenberg (R-SD1) examines Gov. Hickenlooper’s capitulation to the EPA over implementing the Clean Power Plan:

While the letter between US Senate Majority Leader Mitch McConnell and Colorado Gov. John Hickenlooper was the focus of the media, it’s a third letter dated December 1, 2014, from the heads of Colorado’s three environmental agencies to the EPA, which will impact Colorado’s three million business and residential utility customers. After 2017, those customers will likely be paying much higher prices as a result of mistakes and miscalculations made over the past year by state and federal officials.

icon_op_edSen. McConnell’s March 19 letter called on all 50 state governors to delay compliance with an EPA carbon-cutting plan until the legality of the plan has been settled in court. Thirteen states are suing to block the EPA plan on legal and constitutional grounds. Hickenlooper’s response, which some climate crusaders cheered as a brush-off of McConnell, indicated that Colorado intends to comply with EPA mandates, which the governor believes are legal.

The bottom line here is that Gov. Hickenlooper has been consistently inconsistent when dealing with recent regulatory onslaughts from Washington. For example, he’s been reasonably proactive in opposing a threatened species listing for the Sage Grouse, and he’s also been forceful in responding to the potential shut-down of the Colowyo coal mine near Craig. But on the EPA’s “climate change” agenda – and the new EPA rules further restricting the state’s control of small bodies of water — that healthy skepticism has been missing.

Indeed.

***

Finally, former fossil fuel and hedge fund billionaire turned green crusader, Tom Steyer, appears to be doubling down on Colorado after a failed 2014 election cycle, as the folks from Energy In Depth report:

San Francisco billionaire and environmental activist Tom Steyer, who spent more than $7 million in a failed campaign to defeat U.S. Senator Cory Gardner (R-Colo.) last year, is keeping his Colorado political operation in place. Campaign finance reports show Steyer’s campaign arm, NextGen Climate Action Committee, has spent more than $80,000 on polling and research in Colorado this year.

Steyer, whose foundation is known for writing large checks to green groups, is also strengthening his ties with environmental organizations in Colorado. This week, he will be in Denver to accept an award from Conservation Colorado. Dubbed “Colorado’s largest political event for the environment,” other attendees will include elected officials and leaders from the state’s environmental movement.

Last year, Steyer held talks with millionaire Boulder Congressman Jared Polis (D-Colo.) about splitting the cost of putting anti-fracking measures on the statewide ballot. Ultimately, those measures were pulled before they could reach the ballot, and Steyer chose instead to put his money behind a failed campaign against Gardner. Through it all, Steyer worked with “ban fracking” groups and national environmental organizations to effectively campaign against Colorado’s energy industry, its supporters, and tens of thousands of men, women and families whose livelihoods depend on the oil and natural gas sector. He lost badly, but Steyer is coming back for more.

We’ll have an update next week on Steyer’s visit, and if any of his comments during the Denver trip are made public.