US court ruling may leave door open to CO2 trading

  • Market: Electricity, Emissions
  • 06/07/22

The US Environmental Protection Agency (EPA) may still be able to use emissions trading to reduce power plant CO2 emissions despite the recent US Supreme Court decision curbing its authority.

The high court ruling does not foreclose the ability of EPA to use a cap-and-trade system or requirements for the use of technology such as carbon capture, according to lawyers who spoke today during a virtual forum hosted by the Georgetown Climate Center.

"If anything, it gives them more flexibility than I think they thought they had," said Jeff Holmstead, head of the environmental practice at law firm Bracewell, who led EPA's Office of Air and Radiation during the administration of former president George W Bush. "They spoke approvingly of trading. They talked about the flexibility that states have in meeting any section 111(d) guidelines or limitations," referring to the part of the Clean Air Act used to issue the Clean Power Plan.

In a 6-3 decision, the court last week said EPA lacks the authority under the Clean Air Act to require generation shifting to reduce CO2 emissions from power plants, as envisioned by the Clean Power Plan the agency issued under former president Barack Obama. The majority, made up of the court's conservative justices, said that section 111(d) of the law does not grant the agency broad authority to use such measures that would, in effect, "restructure" the nation's energy mix. The justices called it a "major questions" case, citing the legal doctrine which says issues of significant economic or political importance require specific authorization from Congress.

But it did not say EPA could only use measures done "inside the fence line" at a power plant, a view the agency had taken under former president Donald Trump, nor did it say it had no authority to regulate CO2 at all under section 111(d).

That could also open the door to EPA mandating the use of carbon capture or co-firing as ways to address the power sector emissions, although each may face its own legal challenges.

"There's nothing in this opinion that would preclude that," said Jonathan Adler, director of the Coleman P Burke Center for Environmental Law at Case Western Reserve University School of Law. "I suspect the big argument would be over the cost side for carbon capture."

Another option for EPA could be to rely more heavily on other well-established regulations, such as standards for criteria air pollutants, that may have a co-benefit of reducing emissions.

"I think they should focus on things that can drastically affect coal but not because of climate change," said Lisa Heinzerling from the Georgetown University Law Center, who served as senior climate policy counsel at EPA during the Obama administration.

But EPA will also need to worry about using "policies that look like the agency is doing one thing but is doing it for the reason of reducing greenhouse gas emissions," Adler said.

Regardless of what path EPA choose, it will have to make sure it thoroughly explains its rationale for the regulations, or the agency could wind up losing again as the Supreme Court has given federal agencies less leeway in recent years.

One of the messages from the decision is "agencies if you want to have a prayer for deference, really explain yourself, Georgetown professor Bill Buzbee said.

EPA has said it is working on a successor to the Clean Power Plan that would incorporate lessons learned from that regulation.

Holmstead predicted the ruling will have little impact on how the agency approaches the issue in large part because it was ready to move on well before last week.

"I don't think that the political appointees or the career appointees had any interest in pursuing something like the Clean Power Plan," he said.


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30/04/24

G7 countries put timeframe on 'unabated' coal phase-out

G7 countries put timeframe on 'unabated' coal phase-out

London, 30 April (Argus) — G7 countries today committed to phasing out "unabated coal power generation" by 2035 — putting a timeframe on a coal phase-out for the first time. The communique, from a meeting of G7 climate, energy and environment ministers in Turin, northern Italy, represents "an historic agreement" on coal, Canadian environment minister Steven Guilbeault said. Although most G7 nations have set a deadline for phasing out coal-fired power, the agreement marks a step forward for Japan in particular, which had previously not made the commitment, and is a "milestone moment", senior policy advisor at think-tank E3G Katrine Petersen said. The G7 countries are Italy — this year's host — Canada, France, Germany, Japan, the UK and the US. The EU is a non-enumerated member. But the pledge contains a caveat in its reference to "unabated" coal-fired power — suggesting that abatement technologies such as carbon capture and storage could justify its use, while some of the wording around a deadline is less clear. The communique sets a timeframe of "the first half of [the] 2030s or in a timeline consistent with keeping a limit of 1.5°C temperature rise within reach, in line with countries' net-zero pathways". OECD countries should end coal use by 2030 and the rest of the world by 2040, in order to align with the global warming limit of 1.5°C above pre-industrial levels set out in the Paris Agreement, according to research institute Climate Analytics. The countries welcomed the outcomes of the UN Cop 28 climate summit , pledging to "accelerate the phase out of unabated fossil fuels so as to achieve net zero in energy systems by 2050". It backed the Cop 28 goal to triple renewable energy capacity by 2030 and added support for a global target for energy storage in the power sector of 1.5TW by 2030. The group committed to submit climate plans — known as nationally determined contributions (NDCs) — with "the highest possible ambition" from late this year or in early 2025. And it also called on the IEA to "provide recommendations" next year on how to implement a transition away from fossil fuels. The G7 also reiterated its commitment to a "fully or predominantly decarbonised power sector by 2035" — first made in May 2022 and highlighted roles for carbon management, carbon markets, hydrogen and biofuels. Simon Stiell, head of UN climate body the UNFCCC, urged the G7 and G20 countries to lead on climate action, in a recent speech . The group noted in today's outcome that "further actions from all countries, especially major economies, are required". The communique broadly reaffirmed existing positions on climate finance, although any concrete steps are not likely to be taken ahead of Cop 29 in November. The group underlined its pledge to end "inefficient fossil fuel subsidies" by 2025 or earlier, but added a new promise to "promote a common definition" of the term, which is likely to increase countries' accountability. The group will report on its progress towards ending those subsidies next year, it added. Fostering energy security The communique placed a strong focus on the need for "diverse, resilient, and responsible energy technology supply chains, including manufacturing and critical minerals". It noted the important of "guarding against possible weaponisation of economic dependencies on critical minerals and critical raw materials" — many of which are mined and processed outside the G7 group. Energy security held sway on the group's take on natural gas. It reiterated its stance that gas investments "can be appropriate… if implemented in a manner consistent with our climate objectives" and noted that increased LNG deliveries could play a key role. By Georgia Gratton Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

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UN eyes policy crediting for carbon markets


30/04/24
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30/04/24

UN eyes policy crediting for carbon markets

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Japan’s Chugoku delays Shimane No.2 reactor restart


30/04/24
News
30/04/24

Japan’s Chugoku delays Shimane No.2 reactor restart

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Gas-fired units win Japan's clean power auction


30/04/24
News
30/04/24

Gas-fired units win Japan's clean power auction

Osaka, 30 April (Argus) — A planned 10 gas-fired generation units have won Japan's first long-term zero emissions power capacity auction, with the awarded capacity totalling nearly 6GW, or auction volumes sought for the first three years of the programme. Japan launched the clean power auction system from the April 2023-March 2024 fiscal year, aiming to spur investment in clean power sources by securing funding in advance to drive the country's decarbonisation towards 2050. The auction generally targets clean power sources — such as renewables, nuclear, storage battery, biomass, hydrogen and ammonia. But the scheme also applies to a new power plants burning regasified LNG as an immediate measure to ensure stable power supplies, subject to a gradual switch from gas to cleaner energy sources. The first auction held in January saw 10 new gas-fired units with a combined capacity of 5.76GW secure the funding of ¥176.6bn/yr ($1.12bn), the nationwide transmission system operator Organisation for Cross-regional Co-ordination of Transmission Operator (Occto), which manages the auction, said on 26 April. All winners can receive the money for 20 years through Occto, which collect money from the country's power retailers, although they need to refund 90pc of other revenue. Winners with a new gas-fired project should start commissioning their plants within six years and then begin refurbishment work to introduce clean fuels and technology within 10 years after commissioning. This means all the projects selected in the 2023-24 auction need to start operations by the end of 2030-31. Hokkaido Electric Power previously planned to begin operations of its Ishikariwan-Shinko No.2 gas-fired unit in December 2034 but it has advanced the start-up to 2030-31. Japan has secured a total of 9.77GW net zero capacity through the 2023-24 auction. Contract volumes include 1.3GW of nuclear, 1.1GW of storage batteries, 770MW for ammonia co-firing, 55.3MW hydrogen co-firing, 199MW biomass and 577MW of hydroelectric power projects, along with the 5.76GW of gas-fired projects. By Motoko Hasegawa Japan 2023-24 decarbonisation power capacity auction result Winner Power plant MW* Planned start-up Hokkaido Electric Power Ishikariwan-Shinko No.2 551 FY2030 Tohoku Electric Power Higashi Niigata No.6 616 FY2030 Kansai Electric Power Nanko No.1 592 FY2029 Kansai Electric Power Nanko No.2 592 FY2030 Kansai Electric Power Nanko No.3 592 FY2030 Chugoku Electric Power Yanai new No.2 464 Mar '2030 Tokyo Gas Chiba Sodegaura Power Station 605 FY2029 Osaka Gas Himeji No.3 566 FY2030 Jera Chita No.7 590 FY2029 Jera Chita No.8 590 FY2029 Total gas-fired capacity 5,756.3 Source: Occto, Argus * Sending end capacity Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

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APLNG's Jan-Mar output higher: Origin


30/04/24
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30/04/24

APLNG's Jan-Mar output higher: Origin

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