Sunday, March 27, the (Fredericksburg) Free Lance-Star published the below op-ed by Michael Town, executive director of the Virginia League of Conservation Voters, and Debra Jacobson, one of our members and a long-time authority on energy issues. The piece focuses on the need for Governor McAuliffe to continue to push for a state Clean Power Plan strategy and to veto a last remaining attack on the CPP from the legislature.
Column: Governor right to push Virginia climate action plan
By Michael Town and Debra Jacobson
In recent weeks, Gov. Terry McAuliffe has encountered significant challenges to Virginia’s efforts to advance the Clean Power Plan, both through legislative attacks and budget maneuvering. The governor already has rejected efforts to limit his ability to take climate action, and is expected to use his veto pen to allow his administration to proceed with the development of a state plan. This course of action is necessary to benefit Virginia consumers and the state’s economy, to combat the serious risks of climate change and to ensure Virginia can chart its own course rather than risk the imposition of a federal plan.
The challenges to state and federal action have mounted recently. In February, the U.S. Supreme Court voted 5–4 to freeze (or “stay” in legal terminology) the Environmental Protection Agency’s enforcement of the CPP—the nation’s most significant attempt to date to reduce carbon pollution from American power plants.
Subsequently, the governor vetoed Senate Bill 21, which sought to impede implementation of the CPP, on constitutional grounds. More recently, the General Assembly approved a budget amendment that would prevent Virginia’s Department of Environmental Quality from working on a state plan while the stay is in effect.
The freeze of the EPA’s rule to regulate greenhouse gas emissions from existing power plants will remain in effect until the D.C. Circuit Court of Appeals decides a lawsuit brought by opponents of the rule. If the losing side appeals to the U.S. Supreme Court, the legal process could run into 2017 or 2018. However, the stay does not preclude states from continuing their work on state implementation plans, and many governors, including McAuliffe, have wisely decided to proceed.
Gov. McAuliffe is right to veto the ill-advised budget amendment and continue efforts to develop Virginia’s plan, for three major reasons.
First, such action will benefit Virginia consumers and the state’s economy. State utilities have barely scratched the surface in implementing cost-effective energy efficiency measures. In fact, a 2014 State Energy Efficiency Scorecard issued by ACEEE, a national energy efficiency group, ranked Virginia among the lowest four states in the nation in its development of utility energy efficiency programs. Yet countless reports have shown that energy efficiency is the cheapest approach to meet electricity needs.
Virginia also has been losing the race against other states for clean energy jobs because of its weak clean-energy policies. State leadership can help to address this serious weakness.
Second, state action to reduce carbon dioxide emissions from power plants is necessary to combat climate change. Power plant emissions adversely impact public health—causing thousands of premature deaths, heart attacks and asthma attacks.
Moreover, these emissions contribute to the rising sea levels that cause flooding in cities, such as Norfolk, and threaten our coastline. CO2 emissions also increase the likelihood of extreme weather that impacts our state.
Third, Virginia should chart its own clean-energy strategy. Even if EPA’s 2015 CPP rule is overturned by the courts, federal efforts to limit CO2 emissions from the power sector are likely to continue because of a series of Supreme Court cases upholding EPA’s authority to regulate these emissions. If Virginia does not develop its own plan, then it risks the imposition of a federal plan that is less responsive to state interests.
Even though the stay means that the original September deadline for states to submit draft plans no longer applies, the 2022 start date for power companies to begin meeting CO2 reduction targets could remain unchanged if EPA’s rule is upheld. In light of Virginia’s lengthy rulemaking process, affected interests are best served by allowing their comments to be considered by the DEQ—which is why Virginia power companies and conservation groups both support developing a state plan. Continuation of the process also sends an important message to clean energy companies considering bringing jobs to Virginia that we are a leader on clean energy matters.
Gov. McAuliffe has demonstrated strong leadership. He acted in the public interest on March 1 when he vetoed Senate Bill 21. He should now do the same with the shortsighted budget amendment. We simply can’t afford to delay this important work.
Debra Jacobson has worked on energy and environmental law and policy for nearly 40 years, including staff positions in the U.S. House of Representatives and Department of Energy. Michael Town is executive director of the Richmond-based Virginia League of Conservation Voters.