loophole

Uncounted emissions

December 20, 2023 By EarthWise Leave a Comment

Most countries around the world have pledged to cut their carbon emissions to try to reduce the effects of climate change. The extent to which countries are meeting their emission reduction goals has been the primary way of keeping score on their efforts. But there is a major problem with this scorekeeping system: exporting fossil fuels does not count as part of a country’s contributions to emissions.

Exports of fossil fuel are the driving force of fossil fuel expansion around the world and a significant fraction of those exports come from powerful and wealthy nations that are essential to the effort to reduce carbon emissions.

Our own country is a prime example. The U.S. is working to cut back its carbon emissions. The Inflation Reduction Act is driving the reduction of domestic use of oil, gas, and coal and is providing subsidies for the use of heat pumps and the buildout of EV charging networks. However, at the same time, U.S. production of fossil fuels is booming, driving substantial profits for that industry. The result is that much of the expanding supply of fossil fuels is headed overseas.

American liquified natural gas exports are growing rapidly. Estimates are that by 2030, United States LNG exports will be responsible for more greenhouse gas emissions than every house, car, and factory in the European Union. And, according to the UN emissions accounting system, none of those emissions will be attributed to the United States.

The situation is rather disastrous. Countries use this loophole to claim they are doing their part to reduce emissions, but the world is continuing to suffer the consequences.

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Uncounted Emissions: The Hidden Cost of Fossil Fuel Exports

Photo, posted January 9, 2015, courtesy of Bernard Spragg via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio

Green Bills Pass In New York | Earth Wise

August 19, 2020 By EarthWise 3 Comments

In late July, the two houses of the New York legislature passed a number of environmental bills covering a wide range of topics.

These included a bill to add protected status for streams that support fisheries and non-contact recreation. A second bill bans the use of PFAS in food packaging. A third bill classifies all wastes resulting from oil and gas exploration, development, extraction or production as hazardous waste, closing a previous loophole in the law.

A fourth bill requires water works corporations with more than 1,000 service connections to post their annual water supply statements online, thereby providing transparency and openness to water quality data. A fifth bill expands protections for endangered species to protect them from environmental rollbacks by the federal government.

A sixth bill prohibits non-electric vehicles from parking in spaces designated for electric vehicle charging, thereby establishing penalties for this practice that is often done for spite. A seventh bill bans the use of glyphosate – the herbicide found in Roundup and other products – on state property.

An eighth bill reduces the use of road salt in the Adirondacks. A ninth bill requires supermarkets to make good faith efforts to donate edible excess food to qualifying entities such as food pantries, food banks, or similar entities. A tenth bill bans certain uses of trichloroethylene or TCE, including as a vapor degreaser, an intermediate chemical to produce other chemicals, a refrigerant, or an extraction solvent.

When signed by the governor, these ten pieces of legislation will help protect New York’s environment, water, and health. It was a busy session for green legislation.

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Several Green Bills Pass in State Legislature

Photo, posted September 12, 2018, courtesy of Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

A Victory For Clean Water | Earth Wise

May 19, 2020 By EarthWise Leave a Comment

Many of the nation’s environmental laws are under siege from the current administration, but a recent decision by the U.S. Supreme Court has solidified the Clean Water Act’s place as one of the country’s most effective environmental laws.

The case in question was about whether a wastewater treatment plant in Maui has been violating the Clean Water Act by polluting the ocean indirectly through groundwater. Since the 1980s, the Lahaina wastewater treatment facility has been discharging millions of gallons of treated sewage each day into groundwater that reaches the waters off of Kahekili Beach, which is a popular snorkeling spot. Groundwater, like any water beneath the land’s surface, can flow into major waterways such as rivers, streams, and, in this case, the ocean.

In 2012, the nonprofit Earthjustice sued Maui county on behalf of four Maui community groups. Over the years, the Hawaii district court and the 9^th Circuit appeals court ruled in favor of Earthjustice. Last year, Maui County successfully petitioned the U.S. Supreme court to hear the case, which could have endangered the Clean Water Act.

On April 23, by a 6-3 vote, the court ruled that point source discharges to navigable waters through groundwater are regulated by the Clean Water Act when the addition of pollutants through groundwater is the functional equivalent of a direct discharge into navigable waters.

With this ruling, the Court rejected the Trump administration’s polluter-friendly position in the clearest of terms. According to the opinion, written by Justice Breyer, the Court could not see how Congress could have intended to create such a large and obvious loophole in one of the key innovations of the Clean Water Act. This is a victory for clean water.

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Web Links

The Clean Water Case of the Century

Photo, posted June 30, 2018, courtesy of Kirt Edblom via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

A Carbon Loophole

February 12, 2018 By EarthWise Leave a Comment

Many power plants in Europe and elsewhere are replacing coal with wood. For example, the Drax Power Station in Britain was its largest coal-burning plant and is now using wood pellets shipped from the southern U.S. in its boilers. According to the carbon accounting rules at the EU and elsewhere, the process is considered to be “carbon neutral.” But is it?

The idea is that new trees are being planted in the forests where the trees are cut to be burned in power plants. So, there is carbon neutrality. In principle.

European countries have embarked on a massive effort to switch to generating power from renewable energy. While there has indeed been major growth in wind and solar power in the 28 countries of the European Union, much of the new “green” power has come from burning wood in converted coal power stations.

A group of 200 scientists wrote to the EU last September insisting that bioenergy from forest biomass is not carbon neutral and that there must be tighter rules to protect forests and their carbon. Wood burning has become a loophole in controlling carbon emissions.

There are problems with the claims of carbon neutrality. There is no way to know whether enough new trees are actually being planted to replace those being burned. And then there is the time lag for tree replacement. Trees don’t grow overnight. There are also the carbon emissions associated with harvesting, processing and transporting wood.

There are most certainly ways in which burning biomass can be carbon neutral and can represent real progress over the use of fossil fuels. But caution must be taken to avoid exploiting loopholes in current climate rules that might actually result in increased carbon emissions.

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Web Links

Carbon Loophole: Why Is Wood Burning Counted as Green Energy?

Photo, posted April 26, 2014, courtesy of Flickr.

‘A Carbon Loophole’ from Earth Wise is a production of WAMC Northeast Public Radio.