Cheyenne, WY – Ten years ago this month, developers of the Two Elk coal-fired power plant got an air quality permit, but there's still no plant on the site near Wright. The Sierra Club is asking a federal judge to order them to go through the air quality permitting process again.
Brad Mohrmann, associate regional representative with the Sierra Club in Wyoming, says the permit issued 10 years ago is outdated under the Clean Air Act because, he claims, no significant construction has taken place and the pollution the plant would generate needs to be assessed based on current conditions.
"Regulatory and scientific technology have changed in the last decade. We would like to see the most up-to-date technology used."
A plant spokesman claims significant progress has been made recently, including construction of a new road and the signing of contracts to connect the facility to utility company transmission lines. The developers also are pledging to meet air pollution control technology standards used at the other coal-fired plants in the area.
Mohrmann says the pollution load is already too heavy for public safety, with coalbed methane development, oil and gas drilling, and two other coal-fired power plants in the vicinity.
"The cumulative effect of all of the development going on in the Powder River Basin should be a concern to everyone."
The Sierra Club filed suit in federal district court in Wyoming, pointing to provisions in the Clean Air Act that ensure that permits for new sources of air pollution are based on current information. Two Elk Generation Partners received the original permit, as a subsidiary of the North American Power Group.
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Across Pennsylvania and other northern U.S. states, climate change -- from burning oil, coal and methane gas -- is increasing the number of winter days with minimum temperatures above freezing.
The phenomenon is known as "lost winter" and a Climate Shift Index analysis of temperatures showed more than 60% of 28 snow belt states are having at least one additional week of days above freezing.
Shel Winkely, a meteorologist and weather and climate engagement specialist for Climate Central, said winter weather will not be as cold for as long as it used to be.
"Temperatures that are below freezing -- so, 32 degrees Fahrenheit, or zero degrees Celsius -- those are important days," Winkely explained. "We found out how many days climate change has taken away overnight lows that are at or below the freezing temperature."
Winkley pointed out when you look at the 30-year average of snowfall for Pennsylvania, cities like Philadelphia now have only a 9% chance of seeing a white Christmas, with Pittsburgh faring a bit better at about 31%.
Winkley emphasized the loss of cold winter days can negatively affect some regions that depend economically on winter sports for recreation and tourism income. He added lost winter days can also contribute to a smaller snowpack, meaning less spring-melt water is available for municipal systems or agricultural operations.
"On the whole, the state, when you take the average over this decade -- again, 2014 to 2023 -- climate change added about 10 days per year above 32 degrees or so above freezing," Winkley reported.
Winkley noted the report does not mean winters are going away but the warming climate is making winters shorter and less intense.
"This doesn't mean that there's not cold, or that we're losing all of the cold," Winkley stressed. "We still have cold that is to be found. It just means that we're losing those classic winters. This isn't the winters that our parents experienced or that our grandparents experienced."
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By Ysabelle Kempe for Smart Cities Dive.
Broadcast version by Freda Ross for Texas News Service reporting for the Solutions Journalism Network-Public News Service Collaboration
Lately, the city of Dallas has been hearing from local leaders across the U.S. and as far as London, England, said Rosana Savcic, a division manager in the city's code compliance department. What has caught their attention? A city policy that took effect in 2017 requiring landlords to provide working air conditioning equipment.
More cities are looking into establishing a renter's right to cooling equipment as climate change drives record-breaking temperatures across the world. Such rules codify tenants' right to housing that can be cooled to a specific maximum indoor temperature, a number that varies from jurisdiction to jurisdiction. Tenants may still be on the hook for their energy bills, however.
Right now, cities that require landlords to provide AC systems are the exception, not the rule, says V. Kelly Turner, a heat policy researcher and associate director of the University of California, Los Angeles' Luskin Center for Innovation.
That may be changing. Montgomery County, Maryland, passed a first-in-the-region law in 2020 requiring many landlords to provide AC equipment capable of cooling units to at least 80 degrees Fahrenheit from June through September. A 2022 Chicago law requires some large residential buildings or buildings for older people to provide AC in common spaces when the outdoor heat index exceeds 80 F. A New Orleans rule went into effect this year mandating AC equipment that can cool bedrooms to at least 80 F.
In New York City's sustainability plan, the nation's largest city indicates its intention to develop a summer indoor maximum temperature policy by 2030. In July, a NYC council member introduced legislation that would require landlords to provide AC equipment in the summer. Los Angeles County officials are in the early stages of developing a similar policy.
The case for cooling
The trend toward cooling requirements is part of a broader recognition that climate change necessitates new protections and policies, experts say.
"What we're learning is we have to develop policies specific to the issue of heat," said Ashley Ward, director of Duke University's Heat Policy Innovation Hub. In addition to rental cooling standards, heat-specific policy needs include worker protections and universal cooling for schools and prisons, Ward notes.
The major challenge proponents of rental cooling standards need to overcome, Ward says, is the public perception that air conditioning is a luxury, not a necessity. That perception "is why we can justify not having air conditioning in prisons. Forty percent of our schools in the U.S. have inadequate HVAC," Ward said. But as heat records get broken again and again, and heat-related deaths escalate, proponents see policymaker attitudes shifting.
Limitations of right-to-cooling policies
While rental cooling standards may be a step toward addressing urban heat impacts on residents, these policies aren't perfect solutions, Ward said.
Even if lower-income renters have AC equipment, they might not turn it on for fear of high energy bills. That's why some experts have urged states and cities to complement rental cooling standards with utility bill assistance programs that take cooling needs into account. States typically use much more of the federal Low Income Home Energy Assistance Program to help people with heating rather than cooling bills. And while the need for support is growing, the pot of available LIHEAP funding shrank from $6.1 billion in fiscal year 2023 to $4.1 billion in fiscal year 2024, according to a June report from the National Energy Assistance Directors Association and Center for Energy Poverty and Climate.
Cities need to start monitoring low-income households' ability to pay for cooling, Turner said in an email. That data could build a case for better supporting cooling through subsidy programs like LIHEAP.
Utilities can also help make cooling more affordable, explained Gregory Pierce, research and co-executive director of UCLA's Luskin Center and an associate professor of urban planning. State public utilities commissions can play a big role in imposing or encouraging utility-run energy affordability programs, but cities can pitch in on the effort, too, such as by collaborating with utilities on programs that make baseline amounts of energy more affordable for people, Turner said.
Tiered payment programs, for example, charge those who use a lot of electricity a higher rate than those who use less. Hotter weather, however, might mean those tiers need to be adjusted, so that the most affordable tier accounts for the amount of energy needed to cool the typical home, Pierce said.
"Not a lot of utilities have, I think, adjusted those tiers accordingly yet to account for AC, much less electrification," he said.
Any equity-oriented program must involve listening to community members about their specific struggles, Turner added. "There may be solutions we don't even know to think about because we need to hear from those that would be facing those tough choices," such as between turning on the AC and putting food on the table, she said.
Rental cooling standards also present other challenges. Cash-strapped landlords may struggle to undertake complex, expensive retrofits. Waste heat that AC equipment generates increases the urban heat island effect, and adding cooling equipment to buildings can drive up greenhouse gas emissions - although heat pumps allow building owners to simultaneously offer cooling and potentially replace fossil fuel-powered HVAC equipment.
How low should cities go?
Then there's the question of what cities should set as the maximum temperature in rental housing. Dallas' rule requires AC equipment that can keep rooms at least 15 degrees cooler than the outdoor temperature, with a maximum temperature threshold of 85 F. That means that even if it's 105 degrees outside, rental housing must be equipped to stay at 85 F or cooler.
Ward thinks cities should set the maximum temperature lower. She cites 73 F as the threshold for a good night's sleep and recovery. She recommends cities set a maximum temperature around 76 F, since fans can help bring the temperature down another couple of degrees.
However, over-debating the exact maximum temperature can stifle productive policymaking, Turner warned. She said she'd rather set the maximum temperature at 80 F and start a conversation about what it will take to implement the policy, including developing a complaint-reporting process and finding funding.
"To some degree, the question isn't, 'Can we get exactly [the right] temperature?' The question is, 'Can we get something on the books to at least give people a fighting chance of having a safe thermal environment?'" she said. "Once we do that, we can start to tinker."
Ysabelle Kempe wrote this article for Smart Cities Dive.
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Three environmental nonprofits filed suit Wednesday against the California Air Resources Board to oppose the expansion of a program allowing oil and gas companies to offset their pollution by buying credits from huge farms producing natural gas from animal waste.
Last month, the state amended the low carbon fuel standard to expand credits favoring biogas, arguing it removes methane from the waste stream and creates renewable power.
Tyler Lobdell, staff attorney for the nonprofit co-plaintiff Food and Water Watch, said the program is actually a perverse incentive for factory farms to get bigger.
"The biggest operators, the biggest polluters, are the most rewarded," Lobdell pointed out. "That is the incentive structure here. Go out and be as big and as polluting as possible, and you will see the largest reward from our program."
The low carbon fuel standard is intended to reduce carbon pollution by incentivizing the transition to clean cars. The lawsuit argued the credit program prioritizes pollution-heavy practices over sustainable solutions.
Lobdell noted manure only produces methane when large quantities are liquefied at concentrated animal feeding operations. He suggested the state require factory farms to manage their manure in ways which do not rely on anaerobic environments emitting methane.
"The real solution to addressing pollution is to reduce the pollution, not to monetize it and lock it in for generations," Lobdell contended. "We should be requiring these facilities to more sustainably manage their waste. That would have climate benefits, that would also have benefits to local air quality and to local water quality."
The lawsuit asks the court to require the California Air Resources Board to disclose, analyze and mitigate the environmental impact caused by the change to the low-carbon fuel standard. The other two plaintiffs include the nonprofits Defensores del Valle Central para el Aire y Agua Limpio, and the Animal Legal Defense Fund.
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