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The end of the Chevron deference

August 6, 2024 By EarthWise Leave a Comment

At the end of June, the US Supreme Court upended 40 years of legal precedent in a ruling that sharply limited the regulatory authority of federal agencies. The so-called Chevron Deference doctrine stated that when a legislative delegation to an administrative agency on a particular issue or question was not explicit but rather implicit, a court may not substitute its own interpretation of the statue for a reasonable interpretation made by the administrative agency.

Under the new ruling, courts will have more power to interpret these statutes. Environmentalists fear that this decision could lead to hundreds of rules being weakened or even eliminated, particularly Environmental Protection Agency limits on air and water pollution, regulations on toxic chemicals, and policies to tackle climate change.

Conservative political organizations have been pushing for decades to roll back the government’s regulatory powers. The new ruling creates a massive opportunity for environmental regulations to be challenged, considering the proliferation of increasingly activist, right-leaning courts. In particular, climate regulations under the Clean Air Act are more susceptible to judicial reversal. The ruling shifts the power from the agencies to the courts.

The danger of this decision is that more Americans will suffer from the worse effects of climate change, air pollution, and other environmental harms that current government regulation protect against. Any time that the Court makes it harder for the government to regulate and easier for businesses to challenge regulations, it makes it more likely that industries will injure the public and the planet in search of profits. This is basic economics in action.

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A Seismic Supreme Court Decision

Photo, posted September 17, 2020, courtesy of Thomas Hawk via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio

A giant underground battery

February 5, 2024 By EarthWise Leave a Comment

Two up-and-coming energy technologies are coming together near a tiny town in central Utah. Outside of the town of Delta, population 3,600, two caverns, each as deep as the Empire State Building, are being created from an underground salt formation to be used to store hydrogen gas. The gas will be used as a fuel in a new electricity generation plant.

The plant will replace an aging local coal-fired power plant. The new plant will burn a mixture of natural gas and hydrogen – green hydrogen produced without emitting greenhouse gases. To produce the hydrogen, the facility will operate 40 giant electrolyzers that will use excess solar and wind power generated at times of low demand to split water molecules into hydrogen and oxygen.

The caverns were created by a process called solution mining in which high-pressure water is pumped down into salt deposits that are dissolved. The resulting caverns are 200 feet in diameter and 1,200 deep and lie 3,000 to 4,000 feet below the surface. Hydrogen cannot escape through the thick salt layers.

The amount of energy that can be stored in the form of hydrogen fuel in these caverns is massive – far more than all the battery storage installed in the U.S. to date. Chevron has a majority stake in one of the projects and will supply the natural gas. The facility is expected to go online in 2025.

While this will produce far fewer emissions than existing coal plants, it is not carbon-free. Currently, turbine technology cannot operate with pure hydrogen fuel. The Delta plant will run on only 30% hydrogen. The hope is that turbine technology will improve in the future and permit operation on pure hydrogen.

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A Huge Underground Battery Is Coming to a Tiny Utah Town

Photo, posted September 9, 2013, courtesy of Scott via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio

Abandoned Oil Wells In The Gulf Of Mexico | Earth Wise

June 7, 2023 By EarthWise Leave a Comment

There have been offshore oil platforms in the Gulf of Mexico for 85 years. After all those decades of drilling, there are now more than 14,000 old, unplugged wells out in the water, and they are at risk of springing dangerous leaks and spills. There are now more unplugged, non-producing wells than active wells in the gulf. According to a new study, plugging all those abandoned wells could cost more than $30 billion.

Most of these wells are in federal waters and nearly 90% of them were owned at some point by one of the so-called supermajor oil companies: BP, Shell, Chevron, and Exxon. Under federal law, those companies would still be responsible for cleanup costs, even if they might have sold the wells in the past.

Oil and gas companies are legally responsible for plugging wells that are no longer in service, but such companies often go bankrupt, leaving wells orphaned and unplugged and taxpayers end up footing the bill. The 2021 trillion-dollar infrastructure bill sets aside $4.7 billion to plug orphaned wells, but that is nowhere near enough.

It may be possible to go after the supermajors to get them to pay for plugging wells in federal waters, but it will undoubtedly be a battle. In state waters, whose wells are generally in shallower locations, it is even more urgent to act because any pollution from the wells is more likely to reach shore and wreak environmental havoc.

As the world starts to transition away from fossil fuels, decades of mining and drilling in almost every corner of the world, including the oceans, has left behind the need for an immense plugging and cleanup effort.

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Price to Plug Old Wells in Gulf of Mexico? $30 Billion, Study Says

Photo, posted July 8, 2010, courtesy of John Masson / Coast Guard via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio

A Tough Day For Big Oil | Earth Wise

June 24, 2021 By EarthWise Leave a Comment

May 26th was a difficult day for big oil. Three major setbacks for the industry occurred on the same day.

A Dutch court ruled in a case against Shell, ordering the company to cut emissions by 2030 in accordance with the goals of the Paris Climate Agreement. The case was brought by climate activists, ultimately comprising 17,000 co-plaintiffs. The ruling will probably be appealed but it does represent a major precedent for holding polluters accountable for their actions.

That same day, shareholders of ExxonMobil replaced at least two of the company’s board members with candidates dedicated to decarbonizing the company. Having two board seats filled by climate supporters is not likely to radically transform the company, but it is a powerful rebuke of Exxon’s iconic business model of “drill, baby, drill”.

Finally, Chevron’s shareholder meeting on May 26th saw 61% of shareholders voting for the company to reduce its so-called Scope 3 emissions, meaning the pollution from all the fossil fuels it sells. In addition, 48% of shareholders voted to demand a report on Chevron’s dark money lobbying. That initiative did not carry, but nevertheless, nearly half of the company’s shareholders expressed concern about how Chevron is corrupting the political process in order to achieve its ends.

These events are examples of mainstream activism where the pressure on fossil fuel companies is not just coming from the usual environmental activists but rather from shareholders, who after all actually own the companies. The fossil fuel industry still wields enormous power, but it appears increasingly possible to challenge it and even to win.

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A landmark day in the fight against fossil fuels

Photo, posted August 15, 2014, courtesy of Mike Mozart via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

The Threat From Nurdles

March 4, 2019 By EarthWise Leave a Comment

Just when we thought we knew all about the environmental threats caused by plastics, environmentalists have identified yet another problem. It is called a nurdle.

Nurdles are tiny pellets of plastic resin no bigger than a pencil eraser that manufacturers transform into packaging, plastic straws, water bottles and all the other things that are wreaking havoc on the environment.

It turns out that nurdles themselves are a problem because billions of them are lost from production and supply chains during handling, shipping and production every year, spilling or washing into waterways. There is limited information on the extent of this kind of plastic pollution and global researchers are still struggling to make an accurate assessment. A study last year estimated that 3 million to 36 million pellets escape every year from just one small industrial area in Sweden.

Eunomia, a British environmental consultancy, contends that nurdles are the second-largest source of microplastic pollution and estimated that the U.K. could be unwittingly losing billions of pellets into the environment every year.

New research is revealing the ubiquity of plastic pellets, from the bellies of fish caught in the South Pacific, to the digestive tracks of short-tailed albatross in the north and on the beaches of the Mediterranean.

A shareholder advocacy group called As You Sow has filed resolutions with Chevron, DowDupont, Exxon Mobil, and Phillips 66 asking them to disclose how many nurdles escape their production process each year and how they plan to address the issue. Several of the companies have responded with statements saying they are working to develop solutions that keep plastic out of our environment.

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There’s a Tiny Plastic Enemy Threatening the Planet’s Oceans

Photo, posted January 15, 2014, courtesy of Hillary Daniels via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.