The Climate Post: Court Hears Arguments Surrounding EPA Power Plant Rule

04/16/2015 03:47 pm ET | Updated Jun 16, 2015

The U.S. Court of Appeals for the District of Columbia Circuit heard arguments Thursday in a set of cases (Murray Energy v. EPA and West Virginia v. EPA) challenging the U.S Environmental Protection Agency's (EPA) authority to limit greenhouse gases from existing power plants under section 111(d) of the Clean Air Act. There was skepticism from at least two of the three-judge panel about whether they could hear a challenge before the rule is finalized. Judges Griffith and Kavanaugh both questioned whether the rule making was "extraordinary" and requiring of immediate court review.

Whether the court decides to review the proposed rule or not, the argument also previewed future challenges claiming the EPA misused sections of the Clean Air Act to regulate pollution. The plaintiffs -- a coalition of coal-producing states and a coal company -- argue that the EPA rules violate the Clean Air Act's language limiting regulation of the facilities for pollutants to just one section of the law. A drafting error in 1990 created conflicting language between the House and Senate versions that was never resolved, with the House limiting regulation under section 111(d) to those facilities that were not regulated otherwise, and the Senate limiting regulation only to those pollutants that were not otherwise regulated. The EPA claims that it has discretion to resolve such a conflict of language in the way it has proposed.

Obama Proposes New Offshore Drilling Rules

As the five-year anniversary of the Deepwater Horizon explosion and oil spill in the Gulf of Mexico nears, the Obama administration is proposing dozens of rules aimed at strengthening oversight of offshore drilling equipment to ensure that wells can be sealed in emergency situations.

The draft rules would impose tougher standards on equipment designed to maintain well control (such as the blowout preventer that malfunctioned in the BP spill), require real-time monitoring of drilling in deep-water and high-pressure conditions, and establish annual third-part reviews of repair records.

"Both industry and government have taken important strides to better protect human lives and the environment from oil spills, and these proposed measures are designed to further build on critical lessons learned from the Deepwater Horizon tragedy and to ensure that offshore operations are safe," said U.S. Department of the Interior Secretary Sally Jewell.

Carbon Emissions From Permafrost: Good and Bad News

A new study in the journal Nature warns that a warming climate can induce environmental changes that hasten the microbial breakdown of organic carbon stored in permafrost (frozen soils) within the Artic and sub-Artic regions, releasing carbon dioxide and methane -- a feedback that can accelerate climate change. Although a sudden or catastrophic release of these greenhouse gases from the top three meters of global permafrost soil and Arctic river deltas is unlikely, the projected release of 5 to 15 percent of an estimated 1,330 to 1,580 gigatons -- equaling an extra 0.13 to 0.27 degrees Celsius of warming -- by 2100 is troubling given the tight carbon budget to hold global warming to 2 degrees Celsius above pre-industrial temperatures.

The study's authors said that target likely will be overshot if the Arctic's soil carbon stores are not accurately incorporated into climate models used by policy makers to decide how to mitigate missions and limit global warming.

"If society's goal is to try to keep the rise in global temperatures under 2 degrees C, and we haven't taken permafrost carbon release into account in terms of mitigation efforts, then we might underestimate that amount of mitigation effort required to reach that goal," said study co-author David McGuire.

Although the Intergovernmental Panel on Climate Change was aware of the potential for permafrost emissions, it didn't factor them into its most recent major report because estimates from earlier studies were considered uncertain and unreliable.

According to McGuire, data from his team's syntheses do not support a hypothesized permafrost carbon bomb. "What our syntheses do show," McGuire said, "is that permafrost carbon is likely to be released in a gradual and prolonged manner, and that the rate of release through 2100 is likely to be of the same order as the current rate of tropical deforestation in terms of its effects on the carbon cycle."

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University's Nicholas Institute for Environmental Policy Solutions.