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ESKOM’S APPLICATION FOR EXEMPTION FROM MINIMUM EMISSION STANDARDS AND POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS TIMEFRAMES FOR ESKOM POWER STATIONS
The document argues that Eskom's applications for emission standard postponements and exemptions are legally invalid because ambient air quality standards (AAQS) are already exceeded in the affected priority areas. It highlights significant health risks, particularly from SO2 and mercury, and criticizes Eskom for failing to consider feasible alternatives such as renewable energy or decommissioning worst-performing plants. The submission also references a World Bank Inspection Panel report on the Medupi Power Plant, which found inadequate consideration of environmental principles, water scarcity risks, and cumulative health impacts.
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Document type: Statement
Obama Needs to Step Up Climate Change Plan
Earthjustice evaluates President Obama's 2013 Climate Action Plan (CAP), noting its focus on coal-fired power plants and energy efficiency but criticizing its 'overly soft approach' to methane emissions and the omission of carbon limits for oil refineries, shipping, and aviation.
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Document type: Statement
Water-Smart Power
The report examines the vulnerability of the U.S. power sector to water constraints and climate change, comparing a 'business as usual' pathway with low-carbon alternatives. It finds that a combination of renewable energy and energy efficiency can drastically reduce water withdrawals and consumption while lowering consumer costs and mitigating climate impacts.
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Document type: Executive summary
Water-Smart Power
The report analyzes the intersection of the U.S. electricity sector, water resources, and climate change, arguing that current power generation is vulnerable to water scarcity and high temperatures. Through modeling of four scenarios—Business as Usual, Renewables-and-Efficiency, CCS-and-Nuclear, and a general Carbon Budget—the authors find that a transition toward renewable energy and energy efficiency can drastically reduce both carbon emissions and water withdrawals and consumption. Conversely, low-carbon options like nuclear power and carbon capture and storage (CCS) remain water-intensive. The report provides a set of "water-smart criteria" for decision-makers to enhance the resilience of the U.S. power grid in a warming world.
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Document type: Report
Statement from Carroll Muffett, President & CEO of Center for International Environmental Law on President Obama’s Climate Action Plan
Carroll Muffett of the Center for International Environmental Law evaluates President Obama's Climate Action Plan, praising the commitment to carbon pollution standards for coal plants and the potential rejection of the Keystone XL pipeline. However, Muffett criticizes the plan for its reliance on natural gas as a 'bridge fuel,' the lack of new greenhouse gas reduction targets beyond the 2009 goal, and insufficient commitments to global climate finance.
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Document type: Statement
Testimony of Abigail Dillen, Coal Program Director Earthjustice Before the Subcommittee on Environment and the Economy Committee on Energy and Commerce U.S. House of Representatives Legislative Hearing on “Federal and State Partnership for Environmental Protection Act of 2013;” the “Reducing Excessive Deadline Obligations Act of 2013;” and the “Federal Facility Accountability Act of 2013.”
Abigail Dillen of Earthjustice testifies that the 'Reducing Excessive Deadline Obligations Act of 2013' is a misguided attempt to derail lawsuits seeking to compel the EPA to regulate coal ash. The testimony highlights the severe environmental and health risks associated with the current lack of federal standards, including groundwater contamination by toxic metals, air pollution from fugitive dust, and the catastrophic potential for coal ash impoundment failures. Dillen emphasizes that the EPA has delayed necessary regulations for 13 years despite acknowledging their need, and that the proposed bill would leave the second largest toxic waste stream in the U.S. unregulated indefinitely.
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Document type: Statement
EVALUATION OF TWO ALTERNATIVE CARBON CAPTURE AND STORAGE TECHNOLOGIES
The analysis finds that CCS without EOR is currently unprofitable due to low carbon prices, while CCS combined with EOR and DSF storage can be profitable if oil prices remain above a specific threshold. The study highlights that high investment costs and energy efficiency losses at power plants create significant financial barriers, necessitating either high commodity prices or substantial government subsidies to incentivize early adoption.
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Document type: Policy brief
Combined Heat and Power: Pathway to Lower Energy Costs, Reduced Emissions, Secure and Resilient Energy Supply
Combined heat and power (CHP) systems in the U.S. offer significantly higher energy efficiency (70% or more) than separate heat and power production. With over 82 GW of installed capacity, CHP is widely used in industrial sectors, particularly chemicals, petroleum refining, and pulp and paper. The document highlights CHP's ability to provide resilient power during extreme weather events, such as Hurricane Sandy, and its potential to reduce CO2 emissions. While there is an untapped potential of 130 GW, deployment is hindered by regulatory and legal barriers. The text also emphasizes the climate benefits of biomass-fueled CHP, which can be net carbon negative and provide reliable baseload power.
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Document type: Fact sheet
Protecting Waterways from TVA's Gallatin Coal Plant
Earthjustice is challenging the Tennessee Department of Environmental Conservation's (TDEC) wastewater discharge permit for the TVA Gallatin coal plant, arguing that the permit fails to limit toxic metal discharges into local waterways and groundwater. The case also seeks to address the plant's cooling system, which kills tens of thousands of fish annually, and highlights a history of TVA coal ash spills at the Kingston and Widows Creek plants.
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Document type: Case study
Microsoft Word - World Bank letter fossil fuels energy access 04 01 13.doc
The document is a letter to World Bank President Jim Yong Kim arguing that the Bank's continued support for fossil fuels contradicts its climate and poverty reduction priorities. The authors claim that fossil fuel investments fail to provide energy access to the poor and instead fuel overconsumption in wealthy nations. They advocate for a shift toward off-grid renewable energy and demand that the Bank stop financing fossil fuel projects unless they can be proven to be the best alternative for delivering energy services to the poor after a full cost-benefit analysis.
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Document type: Statement
Public Support for Climate and Energy Policies in April 2013
The report finds that while a majority of Americans believe clean energy and global warming should be priorities for the U.S. government, support for specific policies varies. High support exists for renewable energy research and tax rebates for energy-efficient products, while revenue-neutral carbon taxes see limited support. Partisan divides are significant, particularly regarding the Keystone XL pipeline and the priority level assigned to global warming.
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Document type: Report
WHY THE LIGHTS WENT OUT: REFORM IN THE SOUTH AFRICAN ENERGY SECTOR
The document analyzes the systemic failure of South Africa's energy sector, which culminated in national rolling blackouts in 2007 and 2008. It argues that the crisis resulted from a gap between the ambitious goals of the 1998 White Paper—which sought to introduce competition and Independent Power Producers (IPPs)—and the actual implementation of these reforms. The study highlights how the government's decision to limit Eskom's autonomous planning and the failure to establish a functional framework for IPPs left the country without sufficient generation capacity as demand grew. It also examines the failed attempt to restructure the distribution sector through Regional Electricity Distributors (REDs) and the financial underpricing of electricity that discouraged new investment.
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Document type: Case study
Evaluation of Two Alternative Carbon Capture and Storage Technologies: A Stochastic Model
The research paper assesses the economic viability of CCS technologies in the UK, specifically comparing CO2-EOR paired with DSF storage against standalone DSF storage. Using a stochastic model calibrated with UK futures market data for electricity, oil, and carbon allowances, the authors find that only the EOR-paired option is potentially profitable, provided long-term oil prices remain high. The study highlights that current carbon prices are insufficient to incentivize standalone CCS and that the option to delay investment increases the required 'trigger price' for oil to make immediate investment optimal.
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Document type: Research paper
Water Dependence Risks for America’s Aging Coal Fleet
The Union of Concerned Scientists identifies hundreds of U.S. coal generators as 'ripe for retirement' due to high operating costs and vulnerability to 'energy-water collisions.' Many of these plants rely on once-through cooling systems that withdraw massive amounts of water and are subject to strict EPA temperature discharge limits. The report argues that replacing these aging plants with renewables or energy efficiency would significantly reduce national water withdrawals and consumption, particularly in states like Alabama, Maryland, Michigan, and Wisconsin.
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Document type: Fact sheet
Obama’s Second Term Climate Priorities
The author proposes a two-track approach for President Obama's second term: immediate regulatory action via the EPA to reduce carbon dioxide from power plants and methane from the oil and gas industry, and a long-term strategy to revamp energy technology innovation. To achieve a target of 80 percent carbon dioxide reduction by 2050, the document suggests developing a portfolio of zero-carbon technologies, including carbon capture and storage, advanced nuclear energy, and synthetic hydrocarbon fuels, supported by more effective innovation policies and increased R&D funding.
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Document type: Statement
How Much Does CCS Really Cost?
The analysis finds that while immediate CCS installation can increase the cost of electricity (COE) by 24% to 36%, a phased approach—delaying full installation by 10 years—can reduce this premium to 13% to 19%. The lowest cost scenario is achieved when captured CO2 is sold for enhanced oil recovery (EOR).
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Document type: Research paper
Friends of the Earths statement on the re-election of President Barack Obama
Following the 2012 re-election of President Barack Obama, Friends of the Earth calls for a shift away from 'all of the above' energy strategies toward a national plan to reduce greenhouse gas emissions. The organization advocates for the rejection of the Keystone XL pipeline, the implementation of carbon pricing, and the prevention of new coal plant construction to mitigate the impacts of climate change and extreme weather events like Superstorm Sandy.
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Document type: Statement
Ripe for Retirement
The Union of Concerned Scientists identifies a significant number of U.S. coal-fired power plants that are economically uncompetitive compared to natural gas and wind power. The report argues that retiring these plants, along with those already scheduled for closure, would improve public health and reduce carbon emissions without jeopardizing grid reliability.
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Document type: Report
Ripe for Retirement
The Union of Concerned Scientists identifies a range of 16 to 32 coal-fired generating units in Michigan as economically uncompetitive compared to natural gas and renewable energy. The report highlights that 87 percent of the state's coal capacity exceeds its 30-year design lifetime, and many of these plants lack modern pollution controls, contributing significantly to public health issues and carbon emissions. The document advocates for retiring these plants in favor of wind, solar, and energy efficiency to reduce CO2 emissions by up to 18.7 million tons annually and stimulate the state's clean energy economy.
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Document type: Fact sheet
Cleaning Up Coal On The Moapa Reservation
Earthjustice represented the Moapa Band of Paiutes in litigation against the Reid Gardner coal plant in Nevada. The plant emitted soot, sulfur dioxide, and nitrogen oxides, which caused haze in Zion and the Grand Canyon national parks and posed health risks to the Moapa Paiute community. The litigation sought a 90 percent reduction in nitrogen oxide emissions through updated technology, resulting in the plant owners choosing to shut down the facility in 2013.
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Document type: Case study