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Tenaska Deal Signals Sea-Change in Climate Change Regulation, but Itself May be Too Good to be True

On Monday, the Environmental Defense Fund announced that it had reached a settlement with Tenaska Inc. to withdraw opposition to that company’s proposed “Trailblazer Energy Center,” a 600 megawatt coal fired power plant in West Texas. In return for dropping its objections, the EDF signed an agreement with Tenaska that the company will sequester 85% of the CO2 it produces, selling much of the gas to companies who will use it for enhanced oil recovery (EOR) in the West Texas Permian Basin oil field.

The agreement is stunning on many levels. Trailblazer is the first large-scale proposal (and presumably will be the first operational coal fired power plant) to sequester significant amounts of the CO2 it produces. It is also the first large-scale use of enhanced oil recovery as a market for captured CO2. Last, it firmly and finally illustrates the reality of the fate of new coal fired power in the United States today. Sequester or give it up. Given the EPA’s endangerment finding on CO2, no new air permits can be granted by the EPA or delegated states without “considering” the impact of CO2. So even in a fossil fuel friendly state like Texas (one of the few who were even entertaining the idea of new coal fired power), the reality is that new coal without emissions capture is on the way out (and this is without a comprehensive climate change bill).

Despite the important reality this deal represents, as an individual deal, it may leave something to be desired. The agreement is not public yet, and it is unclear what penalties or breach of contract remedies will be available if Tenaska abandons the deal in the face of say a depressed oil market. Will the sequestration continue for the life of the coal plant? What if the Permian Basin is spent in ten years? And without access to studies of the specific area where the EOR will occur, it is also not clear what level of sequestration permanence we are talking about. Last, by engaging in this capture before the imposition of a mandatory cap and trade system, Tenaska might even be able to profit by selling its sequestration as an “offset” in the voluntary or unregulated market.

Still, the longer term implication is very important.

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Victor Flatt | April 23, 2010

Tenaska Deal Signals Sea-Change in Climate Change Regulation, but Itself May be Too Good to be True

On Monday, the Environmental Defense Fund announced that it had reached a settlement with Tenaska Inc. to withdraw opposition to that company’s proposed “Trailblazer Energy Center,” a 600 megawatt coal fired power plant in West Texas. In return for dropping its objections, the EDF signed an agreement with Tenaska that the company will sequester 85% […]

Yee Huang | April 22, 2010

Tyson Taken to Task: Oklahoma Jury Awards Poultry Growers $7.3 Million

Earlier this month an Oklahoma jury awarded $7.3 million to current and former poultry growers for fraud, negligence, and violations of a state consumer protection act committed by Tyson Foods, Inc. This verdict is not surprising as Tyson, like other major poultry processors, wields considerable economic clout in its relationship with poultry growers. This imbalanced […]

Patrick MacRoy | April 22, 2010

EPA’s Rule on Lead Paint a Cause for Celebration, but Challenges Remain

Guest blogger Patrick MacRoy is Director of Community-Based Initiatives and RRP Training Program Manager for the National Center for Healthy Housing. He launched the first “train-the-trainer” program to help increase the supply of accredited RRP training providers and has been working on related policy issues. Today marks a major milestone in the century-long battle against […]

Ben Somberg | April 21, 2010

Christopher Schroeder Confirmed to DOJ Post

Former CPR Member Scholar Christopher Schroeder was confirmed today by the Senate for his position as Assistant Attorney General for the Office of Legal Policy. Schroeder, most recently a professor at Duke University School of Law, was nominated for the post in May 2009.

James Goodwin | April 21, 2010

Eye on OIRA: Sunstein Brings Behavioral Economics to NHTSA Tire Fuel Efficiency Program

On March 19, OIRA Administrator Cass Sunstein issued the office’s first Review Letter of the Obama Administration, telling the National Highway Traffic Safety Administration (NHTSA) to redo their studies on how to design the labels for the agency’s new “Tire Fuel Efficiency Consumer Information Program.” (For background on Review Letters and the other types of […]

Matthew Freeman | April 21, 2010

Food, Inc. Airs on PBS; Put Your Hands on the Table and Step Away from the Hamburger

The tagline that the producers of Food, Inc. are using to promote their Academy Award-winning documentary is “You’ll never look at dinner the same way.” They’re quite right. The film airs on many PBS stations this evening (and on others throughout the course of the next week). See for yourself. I came to it expecting that I’d end […]

James Goodwin | April 20, 2010

Eye on OIRA: Is EPA About To Take a U-Turn on Coal Ash?

For the past 6 months, OIRA has hosted an all-out assault on EPA’s proposed coal ash waste rule, as a parade of representatives from King Coal and the coal ash reuse industry have walked in to attack any and every aspect of the hybrid approach the agency reportedly proposed. (Under the hybrid approach, EPA would […]

Yee Huang | April 19, 2010

Riding a New Wave: EPA Considers Dramatic Changes to CWA Enforcement

A recent Water Policy Report article reported that EPA is considering dramatic changes to its Clean Water Act enforcement and permitting program and oversight of state permitting programs. Many of the changes under consideration, including prioritizing the most significant pollution problems, strengthening oversight of states, and improving transparency and accountability, are long overdue. Passed in […]

Ben Somberg | April 16, 2010

Crane Safety Rule One Step Closer to Reality

As the Pump Handle noted earlier this week, OSHA submitted its draft final rule on construction cranes and derricks to OMB on Friday of last week. It’s good news that the process is now moving along. The cranes and derricks rule has been a long saga, and it was one of the case studies in […]