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The new regulation covers existing U.S. oil and gas wells as well as new ones.
One of the first things Joe Biden did on the day he was inaugurated as the 46th president of the United States was issue an executive order on the climate crisis. In it, he directed the Environmental Protection Agency to set new standards for emissions of the potent greenhouse gas methane from the oil and gas industry. Nearly three years later, those regulations have been finalized.
This is the first time the U.S. will try to rein in methane leaking from drilling sites and other infrastructure that already exist, in addition to regulating new oil and gas projects.
The EPA says the rules will prevent the equivalent of 1.5 billion tons of carbon dioxide from being emitted between 2024 and 2038, almost as much as was emitted by all power plants in the country in 2021. They will also reduce emissions of other health-harming air pollutants including benzene, which can exacerbate respiratory problems and increase cancer risk. The total benefits created by the new limits, the administration estimates, will reach $98 billion by 2038.
“The U.S. now has the most protective methane pollution limits on the books,” said Fredd Krupp, president of the Environmental Defense Fund, which has played a major role in exposing the dangers of methane.
Tackling methane emissions is often called the fastest way to slow global warming. Methane is an incredibly potent greenhouse gas — some 80 times more powerful at warming the planet than carbon dioxide, in the near term. Scientists estimate it is responsible for at least 25% of the human-caused warming we are experiencing today. It leaks into the atmosphere from oil and gas infrastructure, coal mines, landfills, wetlands, and farms.
But then, within a decade, it begins to break down. If we stopped emitting methane tomorrow, its effect on global temperatures would quickly fade.
In particular, Krupp applauded EPA for addressing two of the largest sources of methane from the oil and gas system. The rules call for regular monitoring for leaks at all well sites, and also require well operators to phase out the use of polluting pneumatic controllers. These are devices that help move gas through pipelines and other infrastructure, but are, in fact, designed to leak some of it out.
The rules also create a somewhat unusual program that empowers third parties to play sheriff. Satellite companies such as Kayrros and nonprofits like EDF, which have made a name for themselves detecting especially large “super-emitters,” can register with the EPA to become watchdogs and report their findings to the agency. When super-emitters are reported, the EPA will require the implicated company to investigate, report back, and “take appropriate corrective action,” explained Tomas Carbonell, an official in the EPA’s office of air and radiation.
Another major source of methane emissions occurs when oil companies “flare,” or burn off the gas that comes up during extraction. That makes it less harmful to the environment, but flares are notoriously inefficient, and a lot of methane ends up getting released anyway.
Not to mention that flaring wastes a valuable product, which could be captured and used for energy.
Operators of new wells will have to stop flaring methane within two years; however, EPA officials told reporters on Friday that they will permit the practice at existing wells “that do not emit significant amounts of emissions from flaring, and where the costs of avoiding flaring would be significant relative to the benefits, in terms of emission reductions.”
It appears the Biden administration has gotten buy-in from at least some major industry players. An EPA press release quoted Orlando Alvarez, the president of bp America, who said the company “welcomes” the rule. In a press call with reporters, EPA officials emphasized that they received more than 1 million public comments throughout the process, and made several adjustments to accommodate feedback from the industry — including the two-year delay on the flaring rules.
Operators may also have up to two years before regulations kick in for existing wells, as the EPA has allowed states extra time to develop plans for enforcing them. In the meantime, bad actors could still face consequences. A provision in the Inflation Reduction Act directs EPA to charge polluters $900 per metric ton of methane they release in 2024. The fee increases to $1,200 in 2025 emissions. It will stay in effect until the EPA regulations kick in. “It’s a sort of transition that gets us from today to when these rules are in effect,” said Carbonell.
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A war of attrition is now turning in opponents’ favor.
A solar developer’s defeat in Massachusetts last week reveals just how much stronger project opponents are on the battlefield after the de facto repeal of the Inflation Reduction Act.
Last week, solar developer PureSky pulled five projects under development around the western Massachusetts town of Shutesbury. PureSky’s facilities had been in the works for years and would together represent what the developer has claimed would be one of the state’s largest solar projects thus far. In a statement, the company laid blame on “broader policy and regulatory headwinds,” including the state’s existing renewables incentives not keeping pace with rising costs and “federal policy updates,” which PureSky said were “making it harder to finance projects like those proposed near Shutesbury.”
But tucked in its press release was an admission from the company’s vice president of development Derek Moretz: this was also about the town, which had enacted a bylaw significantly restricting solar development that the company was until recently fighting vigorously in court.
“There are very few areas in the Commonwealth that are feasible to reach its clean energy goals,” Moretz stated. “We respect the Town’s conservation go als, but it is clear that systemic reforms are needed for Massachusetts to source its own energy.”
This stems from a story that probably sounds familiar: after proposing the projects, PureSky began reckoning with a burgeoning opposition campaign centered around nature conservation. Led by a fresh opposition group, Smart Solar Shutesbury, activists successfully pushed the town to drastically curtail development in 2023, pointing to the amount of forest acreage that would potentially be cleared in order to construct the projects. The town had previously not permitted facilities larger than 15 acres, but the fresh change went further, essentially banning battery storage and solar projects in most areas.
When this first happened, the state Attorney General’s office actually had PureSky’s back, challenging the legality of the bylaw that would block construction. And PureSky filed a lawsuit that was, until recently, ongoing with no signs of stopping. But last week, shortly after the Treasury Department unveiled its rules for implementing Trump’s new tax and spending law, which basically repealed the Inflation Reduction Act, PureSky settled with the town and dropped the lawsuit – and the projects went away along with the court fight.
What does this tell us? Well, things out in the country must be getting quite bleak for solar developers in areas with strident and locked-in opposition that could be costly to fight. Where before project developers might have been able to stomach the struggle, money talks – and the dollars are starting to tell executives to lay down their arms.
The picture gets worse on the macro level: On Monday, the Solar Energy Industries Association released a report declaring that federal policy changes brought about by phasing out federal tax incentives would put the U.S. at risk of losing upwards of 55 gigawatts of solar project development by 2030, representing a loss of more than 20 percent of the project pipeline.
But the trade group said most of that total – 44 gigawatts – was linked specifically to the Trump administration’s decision to halt federal permitting for renewable energy facilities, a decision that may impact generation out west but has little-to-know bearing on most large solar projects because those are almost always on private land.
Heatmap Pro can tell us how much is at stake here. To give you a sense of perspective, across the U.S., over 81 gigawatts worth of renewable energy projects are being contested right now, with non-Western states – the Northeast, South and Midwest – making up almost 60% of that potential capacity.
If historical trends hold, you’d expect a staggering 49% of those projects to be canceled. That would be on top of the totals SEIA suggests could be at risk from new Trump permitting policies.
I suspect the rate of cancellations in the face of project opposition will increase. And if this policy landscape is helping activists kill projects in blue states in desperate need of power, like Massachusetts, then the future may be more difficult to swallow than we can imagine at the moment.
And more on the week’s most important conflicts around renewables.
1. Wells County, Indiana – One of the nation’s most at-risk solar projects may now be prompting a full on moratorium.
2. Clark County, Ohio – Another Ohio county has significantly restricted renewable energy development, this time with big political implications.
3. Daviess County, Kentucky – NextEra’s having some problems getting past this county’s setbacks.
4. Columbia County, Georgia – Sometimes the wealthy will just say no to a solar farm.
5. Ottawa County, Michigan – A proposed battery storage facility in the Mitten State looks like it is about to test the state’s new permitting primacy law.
A conversation with Jeff Seidman, a professor at Vassar College.
This week’s conversation is with Jeff Seidman, a professor at Vassar College and an avid Heatmap News reader. Last week Seidman claimed a personal victory: he successfully led an effort to overturn a moratorium on battery storage development in the town of Poughkeepsie in Hudson Valley, New York. After reading a thread about the effort he posted to BlueSky, I reached out to chat about what my readers might learn from his endeavors – and how they could replicate them, should they want to.
The following conversation was lightly edited for clarity.
So how did you decide to fight against a battery storage ban? What was your process here?
First of all, I’m not a professional in this area, but I’ve been learning about climate stuff for a long time. I date my education back to when Vox started and I read my first David Roberts column there. But I just happened to hear from someone I know that in the town of Poughkeepsie where I live that a developer made a proposal and local residents who live nearby were up in arms about it. And I heard the town was about to impose a moratorium – this was back in March 2024.
I actually personally know some of the town board members, and we have a Democratic majority who absolutely care about climate change but didn’t particularly know that battery power was important to the energy transition and decarbonizing the grid. So I organized five or six people to go to the town board meeting, wrote a letter, and in that initial board meeting we characterized the reason we were there as being about climate.
There were a lot more people on the other side. They were very angry. So we said do a short moratorium because every day we’re delaying this, peaker plants nearby are spewing SOx and NOx into the air. The status quo has a cost.
But then the other side, they were clearly triggered by the climate stuff and said renewables make the grid more expensive. We’d clearly pressed a button in the culture wars. And then we realized the mistake, because we lost that one.
When you were approaching getting this overturned, what considerations did you make?
After that initial meeting and seeing how those mentions of climate or even renewables had triggered a portion of the board, and the audience, I really course-corrected. I realized we had to make this all about local benefits. So that’s what I tried to do going forward.
Even for people who were climate concerned, it was really clear that what they perceived as a present risk in their neighborhood was way more salient than an abstract thing like contributing to the fight against climate change globally. So even for people potentially on your side, you have to make it about local benefits.
The other thing we did was we called a two-hour forum for the county supervisors and mayor’s association because we realized talking to them in a polarized environment was not a way to have a conversation. I spoke and so did Paul Rogers, a former New York Fire Department lieutenant who is now in fire safety consulting – he sounds like a firefighter and can speak with a credibility that I could never match in front of, for example, local fire chiefs. Winning them over was important. And we took more than an hour of questions.
Stage one was to convince them of why batteries were important. Stage two was to show that a large number of constituents were angry about the moratorium, but that Republicans were putting on a unified front against this – an issue to win votes. So there was a period where Democrats on the Poughkeepsie board were convinced but it was politically difficult for them.
But stage three became helping them do the right thing, even with the risk of there being a political cost.
What would you say to those in other parts of the country who want to do what you did?
If possible, get a zoning law in place before there is any developer with a specific proposal because all of the opposition to this project came from people directly next to the proposed project. Get in there before there’s a specific project site.
Even if you’re in a very blue city, don’t make it primarily about climate. Abstract climate loses to non-abstract perceived risk every time. Make it about local benefits.
To the extent you can, read and educate yourself about what good batteries provide to the grid. There’s a lot of local economic benefits there.
I am trying to put together some of the resources I used into a packet, a tool kit, so that people elsewhere can learn from it and draw from those resources.
Also, the more you know, the better. All those years of reading David Roberts and Heatmap gave me enough knowledge to actually answer questions here. It works especially when you have board members who may be sympathetic but need to be reassured.