Author: Journal Editor Page 8 of 11

Bipartisan Bill Clears Greenhouse Gas Emissions Hurdle on Hydrofluorocarbon Reduction

Republican and Democratic lawmakers have been negotiating a proposal within a senate energy bill that would result in an 85% cut to hydrofluorocarbon greenhouse gas emissions by 2035.[1] Hydrofluorocarbons (HFCs) are commonly used in refrigeration, air-conditioning, building insulation, fire extinguishing systems, and aerosols.[2] The American Energy Innovation Act (AEIA) is a bipartisan energy innovation bill targeting investment in clean energy technologies.[3] The bill’s proposed HFC amendment is a legislative response a 2017 federal court ruling striking down 2015 EPA regulations on HFCs.[4]

Despite general bipartisan support, the bill encountered hurdles related to HFC reduction and failed to move forward in March.[5]  The addition of HFC provisions to the AEIA resulted in contentious negotiations that stalled the bill, but a bipartisan agreement was reached on September 10.[6]  The HFCs amendment to the AEIA authorizes a 15-year, 85% phasedown of HFCs[7] and addresses a myriad of concerns voiced during negotiation, such as exemptions for HFC “essential uses” and the creation of 150,000 jobs through alternative manufacturing.[8]

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U.S. EPA, Some States Moving Forward With PFAS regulation

After years of collecting data that indicate the dangers of per- and poly-fluorinated alkyl substances (PFAS), the U.S. EPA and several of its state counterparts are beginning the regulatory process for these previously unregulated substances. Some state agencies have proposed PFAS legislation that seeks to regulate the substances’ concentration in everyday products and necessities through mechanisms such as drinking water limits, prohibitions on firefighting foam, and the development of groundwater and surface water quality standards.[1] U.S. EPA is still in the research and development phase of providing national recommendations.

PFAS are a group of synthetic chemicals used in manufactured goods such as Teflon, waterproof materials, and firefighting foams.[2] PFAS are ubiquitous, persist in the environment, and bioaccumulate. Studies have found that ninety-seven percent of people have PFAS in their blood stream.[3] Research indicates PFAS exposure negatively impacts human health, from immunological effects to cancer.[4]

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Proposed Ordinance Seeks to Reform How and Where Industrial Plants in Chicago are Sited

In response to the recent demolition of a coal plant in the Little Village neighborhood,[1] Mayor Lori Lightfoot introduced an ordinance to the Chicago City Council that would make it more difficult for industrial plant developments to site in and around residential areas.

The proposed legislation would require approval of a planned development for any industrial plants within six hundred and sixty feet of residential property.[2] Any industrial plants that engage in manufacturing, waste management or recycling would be subject to more scrutiny under the ordinance, such as by requiring public hearings.[3]

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Legalized Marijuana and Energy Use: A Primer

Marijuana use, whether for recreational or medicinal purposes, is growing. Because some states prohibit growing hemp plants outdoors, much of the production is indoors—an energy-intensive operation that requires grow lights, air conditioning, and dehumidification.[1]

Cannabis cultivation centers (where the plants are grown) have been likened to data centers, which are “50 to 200 times more energy-intense than a typical office building.”[2] With more states expected to legalize recreational cannabis in the next few years (medical use is currently legal in 33 states,[3] and adult recreational cannabis use is currently legal in 11 states[4]), demand for marijuana will continue to grow, bringing with it strain on energy resources.

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ComEd corruption probe: facing legal scrutiny on all sides

Commonwealth Edison Company (“ComEd”),  Illinois’ largest electric utility provider, finds itself mired in lawsuits after federal prosecutors filed criminal charges against the Company earlier this summer.

In July, federal prosecutors entered into a deferred prosecution agreement (“DPA”) with ComEd that implicated a range of actors—from ComEd executives to long-time Illinois House Speaker Michael Madigan—in a years-long bribery scheme.[1] Federal prosecutors, state regulators, and ratepayers seek to hold ComEd accountable for its conduct.

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Illinois Pollution Control Board holds hearing, receives public comment to finalize coal ash rule

On August 13 the Illinois Pollution Control Board (“IPCB”) held the first of two scheduled hearings on the Illinois Environmental Protection Agency’s (“IEPA”) proposed rule for mitigating and remediating coal ash ponds throughout the state.[1]

Coal combustion residual surface impoundments, known commonly as coal ash ponds, are repositories for the potentially harmful byproducts of coal-powered electric generation facilities.[2] Absent proper mitigation efforts, pollutants that collect in coal ash ponds can seep into and contaminate the surrounding groundwater.[3]

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Moratorium on Utility Shutoffs to Expire

In response to the COVID-19 pandemic, many states have mandated that utilities maintain service regardless of customers’ ability to pay. [1] The Illinois Commerce Commission (“ICC,” the quasi-judicial agency that regulates Illinois’s utilities), for example, issued an order requiring various customer protections, including a moratorium on utility shutoffs due to nonpayment, more generous deferred payment arrangements, and more favorable credit reporting for missed payments. [2]

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We’re back!

Hello and welcome to the 2020-21 edition of JEEL’s blog. We provide regular updates on significant developments in environmental and energy law and policy on a local, regional, national, and, at times, international level. JEEL’s team of Associate Research Editors (AREs) will cover everything from utilities and energy generation to land conservation to air and water litigation, and much more.

As always, our mission is to provide non-partisan information and analysis on the key environmental and energy law and policy topics of the day. We will remain vigilant in fulfilling that mission; posts expressing a particular viewpoint will be clearly labeled as “opinion.”

Please join me in welcoming this year’s team of AREs, whose diverse backgrounds and experiences will provide the blog with a valuable swath of insights on the environmental and energy topics of the day. They include:

Hannah Bucher
Andrea Jakubas
Fernando Silva
Sydney Weiss
Sylvia Wolak

Sincerely,

Joe Popely
Research Editor

[NEWS] Judge Voids Oil and Gas Leases on Almost One Million Acres of Land

Judge Voids Oil and Gas Leases on Almost One Million Acres of Land

The Western Watersheds Project and the Center of Biological Diversity brought suit against the United States Bureau of Land Management for the unlawful restriction of public participation in oil and gas leases that affect large areas of public land across the Western United States.[1] On February 27, 2020, a federal district judge ruled in favor of the plaintiffs and voided the oil and gas leases on federal lands for unlawful restriction of public participation.[2]

“More than [one] billion barrels of oil were produced from drilling offshore and on public land” under the Trump administration in 2019.[3] The oil and gas leases span across sixty-seven million acres of land across eleven states.[4] While the Trump administration expanded domestic energy production, it implemented measures to curve public participation.[5] “A centerpiece of this effort has been the administration’s efforts to silence the public and local communities,” said Chase Huntley, director of the Wilderness Society’s climate and energy program. Chief Magistrate Judge Ronald E. Bush ruled in favor of the Western Watersheds Project and the Center of Biological Diversity.[6] Judge Bush rejected the oil and gas leases and mandated that the Bureau of Land Management alter its procedure for oil and gas leases “that are wholly or partially within sage grouse habitat management areas.”[7]

Environmental groups see this ruling as a victory. Taylor McKinnon, senior campaigner at the Center for Biological Diversity said in a statement, “The judge confirmed that it’s illegal to silence the public to expand fossil fuel extraction. It’s a win for millions of acres of our beautiful public lands and a major blow to the Trump administration’s corrupt efforts to serve corporate polluters.”[8]

The Bureau of Land Management maintains that it “[has] been working within [its] legal authorities to alleviate or eliminate unnecessary and burdensome regulations, while at the same time upholding public health and environmental protections . . .” and remains “committed to a simpler, more effective leasing process,” according to Derrick Henry, spokesman for the Bureau of Land Management.[9]

*Featured Image: Mason Cummings, The Wilderness Society

[1] Juliet Eilperin and Darryl Fears, Judge voids nearly 1 million acres of oil and gas leases, saying Trump policy undercut public input, The Washington Post (February 28, 2020), https://www.washingtonpost.com/climate-environment/2020/02/27/judge-voids-nearly-1-million-acres-oil-gas-leases-saying-trump-policy-undercut-public-input/ (last visited February 29, 2020).

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Rachel Frazin, Judge voids oil and gas leases on almost 1 million acres of public lands, The Hill (February 28, 2020), https://thehill.com/policy/energy-environment/485133-judge-voids-almost-1-million-acres-of-oil-and-gas-leases-on-public (last visited February 29, 2020).

[7] Id.

[8] Id.

[9] Id.

[NEWS] Chicago’s Little Village Residents Renew Call for Environmental Revitalization Plan

Chicago’s Little Village Residents Renew Call for Environmental Revitalization Plan

Residents of Chicago’s Little Village neighborhood are renewing calls for a neighborhood revitalization plan that addresses their environmental concerns.  Little Village, located on Chicago’s southwest side, is the former site of a coal plant that closed in 2012.[1]  Following the closure of the plant, the Little Village Environmental Justice Organization (LVEJO) spearheaded an effort to transition the site into recreational, open space, and economic development assets that serve the needs of the community.[2]  Those efforts culminated in a set of draft guidelines released by the City’s Department of Planning and Development (DPD) in January 2019.[3]

The guidelines framed an effort to improve economic and environmental conditions in the area, including a plan to integrate on-site renewable energy, increased landscaping, and encourage the use of alternative fuel vehicles for industrial operations in the neighborhood.[4] However, residents felt the plan did not go far enough to address their environmental concerns, and prioritized continued industry development in the neighborhood.[5] Progress on the environmental revitalization efforts stalled soon after the draft guidelines were released.[6]

The owner of the former coal plant site, Hilco Redevelopment Partners, intends to turn the site into a one‑million‑square‑foot warehouse.[7]  LVEJO members hosted a press conference at City Hall on February 26, 2020 to voice their opposition to the plan.  LVEJO, joined by representatives from the Natural Resources Defense Council (NRDC), the Alliance of Nurses for Healthy Environments, Warehouse Workers for Justice, and the Union of Concerned Scientists called on the DPD to resume efforts to modernize the neighborhood by increasing environmental regulations on current and future industrial operators in the area, continuously monitoring air pollution levels, and performing a traffic study every five years.[8]  Following the press conference, LVEJO expressed their hope that Hilco and DPD will engage Little Village residents in crafting environmentally equitable solutions that benefit the community as a whole.[9]

*Featured Image: LVEJO 

[1] Little Village Environmental Justice Organization, Coal Power Plant Shutdown, http://www.lvejo.org/our-accomplishments/coal-plant-shutdown/ (last visited Feb. 29, 2020).

[2] Id.

[3] City of Chicago Department of Planning and Development, Mayor Emanuel’s Industrial Corridor Modernization Little Village Framework, Draft for Public Comment (January 2019), https://www.chicago.gov/content/dam/city/depts/zlup/Planning_and_Policy/Publications/draft-little-village-framework.pdf.

[4] Id., p. 2.

[5] Mauricio Peña, Environmental Groups Call On City To Regulate Polluters By Relaunching Little Village Modernization Plan, Block Club Chicago (Feb. 27, 2020), available at https://blockclubchicago.org/2020/02/27/environmental-groups-call-on-city-to-regulate-polluters-by-relaunching-little-village-industrial-corridor-modernization-plan/.

[6] Kari Lyderson, Chicagoans demand answers, input and oversight for former coal plant site, Energy News Network (Feb. 27, 2020), available at https://energynews.us/2020/02/27/midwest/chicagoans-demand-answers-input-and-oversight-for-former-coal-plant-site/.

[7] Id.

[8] Id.

[9] Peña, supra note 5.

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