PORTSMOUTH, N.H. - The sudden passing of U.S. Supreme Court Justice Antonin Scalia this weekend could change the balance on the high court with regard to the Clean Power Plan. Justice Scalia voted with the majority in the 5-4 decision to stay the plan and its carbon-reduction goals.

The vote was made along ideological lines, and some legal experts say Scalia's death improves the longer-term odds for the Clean Power Plan.

Julie Gorte is a Senior Vice President for Sustainable Investing at Pax World Management in Portsmouth. Even before Scalia's passing, she says, the high court was not likely to throw the plan out.

"It was the Supreme Court that actually affirmed that regulating greenhouse gas emissions is covered by the Clean Air Act, which is already U.S. law," says Gorte. "So, for the Supreme Court to really kill the Clean Power Plan would mean that they'd have to reverse an earlier Supreme Court ruling, which they rarely do."

The high court put a stay on the plan last week in response to a challenge by 27 states that say more pollution limits would mean lost jobs and reduced electric-grid reliability.

Gorte notes New Hampshire is already reducing emissions through the Regional Greenhouse Gas Initiative (RGGI) without economic harm. Instead, she says it has reduced utility bills and saved jobs, without increasing tax bills.

Gorte says American investment in clean energy was a record $330 million last year. She says despite increased competition and sagging oil prices, the prospects remain positive.

"It is still at a record high, and it is going well," says Gorte. "I think investors really do understand the need to change our energy infrastructure. Whatever the Supreme Court does, coal is pretty much dead. Nobody's building any new coal plants; there haven't been any built for years."

The Environmental Protection Agency estimates the Clean Power Plan will produce $54 billion in health and climate benefits. Heather Zichal, a former deputy assistant for Energy and Climate for President Obama, says the prudent move is for states to move forward on reducing carbon emissions.

"As we have seen the growing body of scientific evidence showing that climate change is happening, the impacts are real in our communities and our states, it really does underscore that the time to act is now," says Zichal.


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The construction of more solar farms in the U.S. has been contentious but a new survey shows their size makes a difference in whether solar projects are favored by neighbors.

South Dakota's largest solar installation, the Wild Springs project in New Underwood, began operations in March and covers more than 1.5 square miles. The survey showed projects under 100 megawatts are generally favored by neighbors, while larger ones like Wild Springs are unpopular.

Kristi Pritzkau, finance officer for the City of New Underwood, said the construction traffic was tough on the town of just over 600 but the project's builder, National Grid Renewables, is giving back to the community.

"They had to use our well, so they paid for the water, and they paid for a new pump for it, too," Pritzkau pointed out. "They've been really great with the city."

Prtizkau noted the company donated to the town's pool and Lions Club and has created a school scholarship program, all part of the more than $500,000 of charitable giving it has promised in the project's first 20 years of operation. It is also expected to bring in $12 million of tax revenue to the county in the same time frame.

Sioux Falls-based Missouri River Energy Services has plans to build a new solar project near Brookings and build a transmission line from South Dakota into Minnesota.

Tim Blodgett, vice president of member services and communications for the company, said federal grant programs and tax credits provide incentives and South Dakota produces more energy than it can use.

"With the development of more wind, the development of solar, there's a lot planned right now to get these resources out of this area," Blodgett explained. "Into Minneapolis and other places where there's larger demand for the energy."

Currently, more than half the state's power generation comes from wind, followed by hydropower.


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Virginia officials support the Environmental Protection Agency's new emissions rule. The federal clean truck standards will reduce emissions by up to 60% in 2032 and prevent 1-billion metric tons of carbon pollution. Transportation is the largest source of greenhouse gas emissions in Virginia and nationwide.

Phillip Jones, Newport News Mayor, said the new rule helps end the city's environmental disparities.

"We have a very large multiple coal company in downtown Newport News in the southeast part of our community," he said. "That's going to lead to higher rates of asthma for that community. There's a lot of air-quality issues in downtown Newport News."

Jones noted the city has taken steps to reduce emissions. The city's school district has been using propane-powered buses and Newport News is purchasing alternate energy-powered vehicles. He added any opposition to this work centers on larger upfront costs, but the long-term benefits are worthwhile. The EPA's rule goes into effect in 2027.

Transportation agencies are also working to cut emissions. Hampton Roads Transit has been working to cut emissions with cleaner buses.

Sibyl Pappas, chief engineering and facilities officer with Hampton Roads Transit, said the agency's upcoming bus maintenance facility furthers its emissions-reduction goals.

"It's very near where Dominion Energy is bringing offshore wind onshore. So, we've talked with Dominion about buying wind power. So, potentially, those buses are zero emissions at the tailpipe and zero emissions at the generation point," Pappas said.

The facility will open in 2029 and be net zero-ready upon completion. While HRT had some hiccups with electric buses, Pappas feels the EPA rule encourages climate-smart initiatives for all economic sectors.

As state budget negotiations continue, groups fighting climate change are asking California lawmakers to cut subsidies for oil and gas companies rather than slash programs designed to slow global warming.

Gov. Gavin Newsom's current proposal would cut oil and gas tax breaks by $22 million this year and $17 million the following year.

Barry Vesser, COO for The Climate Center, a nonprofit advocacy group, would like to see all subsidies eliminated.

"Oil and gas companies are one of the drivers of climate change, so we should not be making their profit margins bigger by providing public subsidies, and making it harder for renewables to compete against them," Vesser argued.

Gov. Newsom has also proposed to cut funding for climate-friendly programs helping lower-income families buy an electric vehicle or switch from gas to electric appliances.

Kevin Slagle, vice president of strategic communications for the Western States Petroleum Association, said in a statement, "California's already tough business climate is pushing companies to the brink. Removing incentives will drive California straight into the arms of more expensive foreign oil, ramping up costs for everyday Californians who can least afford it."

Vesser countered the threat of higher gas prices is a red herring.

"There's a lot that goes into calculating how much the cost of gas is, and this is not even pennies on the dollar," Vesser contended.

The state Senate's early action proposal estimated the budget deficit will be between $38 billion and $53 billion. The governor is expected to release new details on his budget priorities in mid-May. The Legislature must pass a balanced budget by June 15.