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"Fossil fuel interests lost, and clean air won," one group declared.
The climate movement on Wednesday welcomed a victory at the U.S. Supreme Court, the third temporary win for the Biden administration's environmental policies this month.
Although the right-wing justices have a record of rulings that have alarmed environmental and public health groups, the high court declined to block an Environmental Protection Agency (EPA) rule intended to limit power plants' planet-heating pollution as a legal challenge to the April policy plays out.
"Given its rulings in recent years undercutting environmental protections, the refusal of the majority on the Supreme Court to block this vital rule is a victory for common sense. This warrants a sigh of relief from the millions of Americans experiencing the impact of the climate crisis," said Meredith Hankins, a senior attorney at the Natural Resources Defense Council.
"Today's ruling rejects the latest abuse of the Supreme Court's shadow docket by industry and some state attorneys general. The high court made the right call," she continued. "The Supreme Court evidently saw through their phony arguments."
"Power producers don't need immediate relief from modest standards that kick in eight years from now. And states have plenty of time to begin their planning process," Hankins stressed. "Now the case goes back to the D.C. Circuit Court of Appeals, which is moving quickly to decide the merits of this case. We will be helping to defend the standards there. The climate crisis demands that we do."
Margie Alt, director of the Climate Action Campaign, similarly said that "the climate crisis is actually an emergency affecting tens of millions of people across the globe every day. Today the court rejected the big polluters' attempt to seek an emergency stay based on their trumped-up allegations. We are in the middle of what will be the hottest year on record, with devastating and deadly extreme storms occurring regularly."
"The EPA's carbon pollution standards for power plants set reasonable targets for utilities and states to cut their carbon pollution, allowing years for them to meet those goals. The Supreme Court's decision rejected the big polluter arguments against slashing carbon pollution and paved the way for less climate pollution in the future," Alt added. "Of course, the fight isn't over. The D.C. Circuit must still rule on the merits. We support the EPA's authority to set commonsense pollution protections to slash climate pollution and protect our kids and communities from climate change and other dangerous air pollution."
The decision came after the justices in early October rejected industry-backed petitions to issue injunctions on new Biden administration rules for methane and mercury. However, conservative Justice Samuel Alito did not participate in Wednesday's decision due to financial conflicts and Justice Clarence Thomas said he would have granted the emergency request from GOP-led states and groups to block the rule.
Additionally, Justice Brett Kavanaugh, joined by Justice Neil Gorsuch, said the states and groups "have shown a strong likelihood of success on the merits as to at least some of their challenges," but there is no need for emergency action at this time "because the applicants need not start compliance work until June 2025," so "they are unlikely to suffer irreparable harm" before a final decision.
As The New York Timesreported Wednesday:
The dispute was the latest bid by Republican-led states to undercut the Biden administration's ambitious climate agenda. The challenge carries similarities to a case the Supreme Court considered in the term that ended in July. Three states, Ohio, Indiana, and West Virginia, joined with industry groups to challenge an EPA proposal aimed at limiting the flow of air pollution across state lines, asking the Supreme Court to intervene even as the challenge continued to be litigated in lower courts.
In June, the justices paused the proposal, known as the "good neighbor" plan, which requires factories and power plants in the West and Midwest to cut ozone pollution that makes its way into Eastern states.
Although green groups are pushing to preserve the April policy, some have argued that the Biden administration should have gone further with its actions to combat the fossil fuel-driven climate emergency.
Climate Justice Alliance interim executive director KD Chavez said Wednesday that while the group applauds the path the latest Supreme Court decision "charts for what can be construed as a coal phaseout, this rule is still riddled with loopholes that give a lifeline to the fossil fuel industry to continue operations and experiment on frontline communities by exposing them to the dangers and health effects of unproven technologies such as carbon capture and storage."
"The rule does not go far enough to push the needle towards a fossil fuel phaseout and a just transition for the energy sector, the communities where energy projects are sited, and the workers who could tap into renewable energy jobs," Chavez emphasized. "Frontline communities deserve more, and given this rule won't be applied until next year, we will continue to work to ensure stronger power plant regulations that meet the growing threat of climate catastrophe we all currently face."
"The United States refuses to acknowledge historic responsibility for the decades of damage that has been done to communities bearing the brunt of climate change and the fossil fuel industry," said one advocate.
Climate justice advocates, outraged over the inadequate funding that was pledged to the "loss and damage" fund as the United Nations Climate Change Conference opened this week, reserved particular disdain on Friday for the United States delegation and its refusal to contribute a meaningful amount to the fund.
The Climate Justice Alliance said the U.S. contribution of just $17.5 million for the loss and damage fund—a tiny fraction of the nearly $900 billion President Joe Biden requested for his military budget earlier this year and the annual fossil fuel subsidies distributed by the U.S. government—sent a clear message to the Global South: that "the U.S. is completely uninterested in prioritizing or being accountable to the climate impacts frontline communities are facing."
"The amount pledged by the United States is insulting," said Bineshi Albert, co-executive director of the organization. "It is a paltry, shameful amount of money... By comparison, island nations have requested at least $100 billion over the first four years."
The sum also made clear that the Biden administration is following through on Special Presidential Climate Envoy John Kerry's remarks at a hearing in July, in which he said that "under no circumstances" would the U.S. provide funding to countries in the Global South that are increasingly facing prolonged droughts, rising sea levels, and severe storms, among other climate impacts as a result of planetary heating.
"The United States refuses to acknowledge historic responsibility for the decades of damage that has been done to communities bearing the brunt of climate change and the fossil fuel industry," said Albert.
The U.S. is by far the largest historic emitter of planet-heating emissions, while many countries that are already facing the worst impacts of the climate emergency, such as small Pacific island nations, shoulder the least blame for the crisis.
Albert called the $17.5 million pledged by the U.S. "a drop in the bucket compared to the annual $20.5 billion in fossil fuel subsidies handed out by the US government, which recently surged to $7 trillion in 2022."
To help governments in the Global South rebuild damaged communities, prevent further destruction, and relocate displaced people, developing countries have said they will ultimately need about $400 billion annually.
$17.5 million "is not only ineffective to address these harms and injustices but it is minuscule compared to the hundreds of billions in loan, grants, and tax breaks available from the Inflation Reduction Act to corporations to further build out or prolong the life of fossil fuel infrastructure and energy intensive fuels like hydrogen," said Albert.
She added that it is not lost on advocates that the U.S. government pushed for contributions to the loss and damage fund to be voluntary: "another clear sign that the United States does not take responsibility for its harmful past actions nor does it consider the needs of the most impacted and marginalized communities seriously."
With contributions from other wealthy governments ranging from just $10 million (Japan) to $245 million (the European Union), Amnesty International climate adviser Ann Harrison said wealthy countries committed "barely enough to get the fund running, and little more."
"Billions of dollars are needed to make a substantive difference to communities in desperate need of help to rebuild homes after storms, or to support farmers when their crops are destroyed, or those permanently displaced by the climate crisis," said Harrison. "Considering the vast and excess profits accrued by fossil fuel companies last year while they continue to trash the climate, and that some the donor states today were responsible for a large proportion of historical greenhouse gas emissions, this is a disappointingly small initial sum."
High-income countries that continue to produce fossil fuels despite clear warnings from energy and climate experts, said Harrison, must "make new and additional commitments to the fund on a scale which reflects the global nature of climate crisis, and the threat it presents to billions of people."
"Now more than ever, we need real leadership from the Department of Energy to end fossil fuels," said one organizer.
Climate advocates on Tuesday donned Halloween costumes to greet attendees of the U.S. Department of Energy's "Justice Week," but the organizers assembled outside the agency will be urging guests to demand far more from Energy Secretary Jennifer Granholm and the Biden administration, who they say are "greenwashing" efforts to further equity and environmental justice.
The department's Office of Economic Impact and Diversity is holding the five-day event, where officials plan to highlight efforts to move "toward a more equitable, clean, and just energy future."
The week will include discussions of the Low-Income Communities Bonus Credit Program, which pushes for more access to renewable energy facilities in underserved communities, and executive actions President Joe Biden has taken to promote environmental justice.
All those actions, however, have happened alongside the administration's push in favor of so-called climate "solutions" that scientists say are unproven and serve only to perpetuate fossil fuel extraction under the false assumption that it can do so while still addressing greenhouse gas emissions and planetary heating.
The DOE, noted Basav Sen, a climate justice project director at the Institute for Policy Studies (IPS) who took part in the action, is "the biggest funder of false solutions such as carbon capture and storage, hydrogen, and direct air capture."
"These are scams. We know that the real solution to the climate crisis is to keep fossil fuels in the ground and make a rapid, just transition to real renewable energy controlled by communities," said Sen, wearing zombie face paint at the direct action. "Instead what were seeing from the Department of Energy is a continuation of the fossil fuel economy."
As Common Dreams reported in May, analysts say that just running the machinery to operate a carbon capture and storage project—like the ones the Biden DOE announced a $1.2 billion investment in earlier this year—would increase energy consumption by 20%, adding to carbon dioxide emissions.
Smog, benzene, and formaldehyde emissions also increase with carbon capture technology, biologist Sandra Steingraber said—three types of pollution that disproportionately affect people in low-income neighborhoods, the very communities the DOE says it's targeting with environmental justice programs and events like "Justice Week."
Additionally, noted Sen, the DOE is continuing to license exports of fossil gas.
"We are here today to tell attendees of the Department of Energy's Justice Week that the version of environmental and energy justice that they're going to hear from the Department of Energy in the event is greenwashing, pure and simple," said Sen. "The Department of Energy cannot pretend to be on the side of environmental justice while they are actively licensing more fossil gas exports, which means more fracking, more air and water pollution, more pipelines, more export terminals, more sacrifice zones in frontline communities."
Some of the campaigners displayed the organizers' message succinctly on a banner reading, "Real Solutions. No Bullshit."
"Now more than ever, we need real leadership from the Department of Energy to end fossil fuels, quit peddling climate scams and advance energy justice," said Climate Justice Alliance (CJA), one of the groups behind the action.
Addressing Granholm, the group added that the secretary "can't cover up [her] record with greenwashing events like Justice Week 2023 while undermining real climate and environmental justice with [her] actions."
"We demand an end to fracked gas exports, carbon capture, and hydrogen energy," CJA said.