Category: News & Announcements Page 8 of 9

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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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] January 2020, Warmest in Recorded History

January 2020, Warmest in Recorded History

On February 13, 2020, the National Oceanic and Atmospheric Administration (NOAA) announced the planet experienced its hottest January in recorded history.[1] This is not likely to be the last record of its kind.[2] January 2020 marks the 44th consecutive January and the 421st consecutive month with temperatures above the twentieth century average.[3]

The average January temperature across land and ocean surfaces increased by 2.05 degrees Fahrenheit from the twentieth century average of 53.6 degrees Fahrenheit.[4] Previously, record-high temperatures occurred when El Niño was present in the Pacific Ocean.[5] El Niño temporarily heats the earth naturally.[6] However, with no El Niño present this year, we achieved these record-high temperatures all on our own.[7] Scientists attribute these record-high temperatures as “greenhouse gas-induced warming” producing global temperature rises.[8]

These rising global temperatures are here to stay.[9] According to statistical analysis by the NOAA, 2020 is already on track to be one of the five warmest years on record.[10]

*Featured Image: NOAA

[1] John Bateman, January 2020 was Earth’s hottest January on record, National Oceanic and Atmospheric Administration (February 13, 2020), https://www.noaa.gov/news/january-2020-was-earth-s-hottest-january-on-record (last visited February 15, 2020).

[2] See id.

[3] Id.

[4] Denise Chow, Earth just had its hottest January in recorded history, NBC (February 13, 2020), https://www.nbcnews.com/science/environment/earth-just-had-its-hottest-january-recorded-history-n1136426 (last visited February 15, 2020).

[5] Hannah Levy and Brandon Miller, In 141 years of record-keeping, there has never been a warmer January, CNN (February 13, 2020), https://www.cnn.com/2020/02/13/weather/warmest-january-noaa-climate-trnd/index.html (last visited February 16, 2020).

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Id.

[NEWS 11/24/2019] #FRIDAYSForFUTURE, Chicago Nov. 29, 2019

In Chicago, a group of local activists is joining the global FridaysForFuture movement by striking on Friday, November 29, 2019. The Deepstrike will take place at Daley Plaza, 50 W Washington St, Chicago, IL 60602. The Strike will last from 11:00am til 2:00pm. The organizers provided the following instructions:

  • Wear black this #BlackFriday as we mourn the burning of the Amazon
  • Bring old clothes for clothing swap
  • Bring signs and posters if you have them
  • Share pictures from the Strike
  • Please tag #FridaysForFuture and #ClimateStrike on social media posts.

The official event page for the Strike can be found here.

According to #FRIDAYSForFUTURE’s website:

#FridaysForFuture is a movement that began in August 2018, after 15 years old Greta Thunberg sat in front of the Swedish parliament every school day for three weeks, to protest against the lack of action on the climate crisis. She posted what she was doing on Instagram and Twitter and it soon went viral.

On the 8th of September, Greta decided to continue striking every Friday until the Swedish policies provided a safe pathway well under 2-degree C, i.e. in line with the Paris agreement.

The hashtags #FridaysForFuture and #Climatestrike spread and many students and adults began to protest outside of their parliaments and local city halls all over the world. This has also inspired the Belgium Thursday school strikes.

The popularity of the youth driven movement has rapidly increased in the 14 months since Greta Thunberg first sat in front of parliament.  To date, 60 thousand climate strike events, in 6.4 thousand cities across 222 countries, have attracted more than 11 million strikers.

*Featured Image: Chicago Tribune, Sep. 20, 2019, Getty Images

[NEWS 11/13/2019] U.S. Withdraws from Paris Agreement

U.S. Withdraws from Paris Agreement

President Donald Trump recently announced that the United States began the process to withdraw from the Paris Agreement.[1] The administration confirmed the withdrawal will be final on November 4, 2020.[2]

The Paris Agreement considered the voluntary national commitments of participating nations in the global reduction of greenhouse gases, to set achievable national goals to combat global climate change and establish a metric for measuring progress in meeting the global goals.[3] Almost 200 countries signed the Paris Agreement in 2015 and pledged to reduce greenhouse gas emissions.[4] The United States was a powerful party in the original agreement.[5] They created language to hold countries accountable for their promises.[6] However, the United States is now the only country to pull out of the global agreement.[7]

According to Andrew Light, a former climate official in the U.S. State Department, “[t]he United States is not cooperating with the rest of the world on dealing with climate change.”[8] Rachel Cleetus of the Union of Concerned Scientists says “[t]he reality is, to really deliver on our climate goals, we do need strong federal action.”[9]

Michael R. Pompeo, Secretary of State, stated in his press statement despite the withdrawal from the Paris Agreement, “[The United States] will continue to work with our global partners to enhance resilience to the impacts of climate change and prepare for and respond to natural disasters . . . the United States will continue to research, innovate, and grow our economy while reducing emissions and extending a helping hand to our friends and partners around the globe.”[10]

[1] David Roberts, The Paris climate agreement is at risk of falling apart in the 2020s, Vox (November 5, 2019), https://www.vox.com/energy-and-environment/2019/11/5/20947289/paris-climate-agreement-2020s-breakdown-trump (last visited November 7, 2019).

[2] Id.

[3] David Roberts, The Conceptual breakthrough behind the Paris climate treaty, Vox (December 15, 2015), https://www.vox.com/2015/12/15/10172238/paris-climate-treaty-conceptual-breakthrough (last visited November 8, 2019).

[4] Rebecca Hersher, U.S. Formally Begins to Leave the Paris Climate Agreement, NPR (November 4, 2019), https://www.npr.org/2019/11/04/773474657/u-s-formally-begins-to-leave-the-paris-climate-agreement (last visited November 8, 2019).

[5] See Id.

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Michael R. Pompeo, On the U.S. Withdrawal from the Paris Agreement, U.S. Department of State (November 4, 2019), https://www.state.gov/on-the-u-s-withdrawal-from-the-paris-agreement/ (last visited November 7, 2019).

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