72 Lawmakers Unite Behind Dirty, Expensive Coal

Seventy-two lawmakers (some of them being strong, clean energy supporters) have united behind dirty, expensive coal. Why? This is the question that needs to be asked of the legislators who signed a letter to Governor Granholm on March 19.

The letter, written by House Speaker Andy Dillon and Minority Leader Kevin Elsenheimer, urges Granholm to allow the construction of one or more coal-fired power plants in Michigan – despite the fact that coal-fired power plants are unneeded, extremely expensive, add to global warming pollution and fail to create sustainable, long-term jobs. In other words, coal plants are a waste of our money. Yet more than half of the members of the House of Representatives seem to want to do just that – to allow our scarce financial resources to go up in flames.

In her State of the State address, governor Granholm announced a critically important executive order to protect Michigan citizens from expensive and unnecessary energy costs. Executive Order 2009-2 requires all proposals for dirty coal-fired power plants, to be re-analyzed to first prove there is a need for the power, and then to prove there are not any cleaner, cheaper and better alternatives to meet that need. This ensures that Michigan citizens get the best deal for their energy dollar. Without this requirement, companies like Consumers Energy could dramatically increase residential ratepayers’ electric bills to pay for dirty, unneeded power -- and we'll have no choice but to pay for it.

Granholm’s action is in alignment with a package of energy bills passed by the legislature last year affecting Michigan’s two major utilities, DTE and Consumers Energy. The legislation ensures that proposed energy investments are needed, cost-effective, adequately protect the environment and create the most jobs. Her executive order imposes the same requirement on other energy providers like Lansing Board of Water and Light, Holland Board of Public Works, Wolverine Power Cooperative and others.

The executive order helps ensure that we invest first in clean, alternative energy such as wind, solar and energy efficiency – which create far more jobs, dramatically reduces financial risk and costs, and doesn’t pollute. And not building new, dirty coal plants will keep jobs here in Michigan, instead of shipping trainloads of money to mining companies to buy coal for these polluting plants.

However, the letter signed by the 72 House members urges Governor Granholm to rescind her order and allow the permitting and construction of coal-fired power plants. Four coal plants are currently waiting in line for permission to be constructed and then pollute.

Lawmakers who signed the letter need to be asked “WHY?”

AG tortures law in opinion aiming to block Michigan’s progress toward clean energy jobs

Press Statement

Contact: 
James Clift, Michigan Environmental Council: 517-256-0553 
Anne Woiwode, Sierra Club: 517-974-2112 
Hugh McDiarmid Jr., Michigan Environmental Council: 248-660-4300

Cox opposes legislature’s intent to provide “feasible and prudent” analysis of state’s energy options

A new era of clean energy jobs and economic development in Michigan has been needlessly delayed by Attorney General Mike Cox’s tortured interpretation of state laws regarding public health and the environment, according to the Michigan Environmental Council and the Sierra Club’s Michigan Chapter.

In an opinion released last week, Cox echoes the position of the state’s coal lobby. They, and Cox, contend that it is illegal for Gov. Jennifer Granholm to require the most “feasible and prudent” energy technologies power Michigan’s future. The opinion attempts to block a transition from expensive, dirty coal-fired power to cheaper energy efficiency and cleaner renewable energy.

The losers, if Cox and the coal interests prevail, will be Michigan families who will continue to pay billions each year for out-of-state coal imports rather than creating Michigan jobs for manufacturers and installers of energy efficiency products and renewable energy components like wind turbines.

“The governor’s recent executive directive requires that proposed coal plants compete – on cost and on protection of public health and the environment – against other alternatives like efficiency programs and renewable power,” said Anne Woiwode of the Sierra Club. “Since coal plants won’t win in a competitive marketplace, their backers are desperate to maintain the near- monopoly they’ve enjoyed for more than a century.”

Cox’s opinion takes the position that Granholm overstepped her authority by requiring coal power plant developers to consider other methods to meet electricity demand.

But the plain language of energy laws passed by the state legislature last fall makes clear the intent of the state’s energy policy to require thorough analysis of alternatives to coal by public utilities. Granholm’s directive applies the same standard to all electric providers.

“We believe the governor’s directive is entirely consistent with both the legislation passed last fall, and all environmental laws,” said James Clift of the Michigan Environmental Council. “As

a state, we need to move forward toward considering renewable energy and efficiency programs, not stand still with century old coal technology.” 

Flawed coal plant permit sent back to drawing board, must consider CO2

Contact: Anne Woiwode 517-484-2372

EPA Rejects NMU Coal Plant, Protects Upper Peninsula Jobs and Future

LANSING – In a decision released yesterday, the U.S. Environmental Protection Agency rejected Northern Michigan University’s air permit for its proposed coal plant in Marquette, a decision that shifts Michigan’s priorities away from coal and toward renewable energy and 21st century jobs.

Along with identifying several deficiencies, the EPA’s Environmental Appeals Board ruling ordered Michigan’s Department of Environmental Quality to consider regulating carbon dioxide and other greenhouse gases.

“This is a yet another clear signal that pollution from coal plants, especially global warming pollution, can no longer be ignored. The increased costs that will come from impending carbon regulations will make coal much more expensive than cleaner energy alternatives, like wind and efficiency,” said Anne Woiwode, Michigan Sierra Club State Director. “The writing is on the wall; Michigan needs to start moving away from coal if we want to be a player in the 21st century clean energy economy.”

NMU’s proposal was the first of an overwhelming eight proposed coal plants in the state and the first coal plant to receive an air permit from Michigan regulators in more than 20 years. Permits for other coal plants— many of them containing the same air quality flaws as the NMU permit— have been put on hold as a result of Governor Granholm’s clean energy executive directive released earlier this month. The directive pauses the coal rush to allow time for the state to take a hard look at cleaner energy technologies available.

“This decision makes it clear that following business-as-usual approaches like new coal plants is no longer an option,” according to Lee Sprague, Sierra Club’s Clean Energy Campaign Manager. “Thanks to Governor Granholm’s actions our state is already poised to move beyond dirty coal to newer, cleaner, more efficient energy technologies that can help both our economy and our climate recover.”

EPA’s decision to reject the NMU plant is consistent with its decision last fall to deny a proposed coal plant in Utah that also failed to consider carbon dioxide limits. It comes on the heels of Lisa Jackson, President Obama’s EPA Administrator, announcing earlier this week the agency will reconsider a memorandum issued in the final days of the Bush Administration which sought to prohibit global warming pollution controls.

“Yesterday’s rejection of the NMU coal plant is further evidence that change has come, science is back, and greenhouse gas regulations are coming very soon,” said James Gignac, Midwest

Director of Sierra Club’s Beyond Coal Campaign.

The Environmental Appeals Board decision is at:
http://yosemite.epa.gov/oa/EAB_Web_Docket.nsf/Recent~Additions/06DBEC31EBFD8C3
E852575620052318B/$File/Denying%20and%20Remanding...79.pdf

Granholm Slams Brakes on Michigan Coal Rush

Governor positions Michigan to lead on clean, alternative energy

February 3, 2009 (LANSING) – Citizens today applauded Gov. Jennifer Granholm's far-reaching announcement to fundamentally change how Michigan fuels its energy needs. The new plan, which prioritizes clean energy has put Michigan's coal rush on hold, requiring all new and expanded coal plant developers to go back to the drawing board and consider cleaner energy alternatives to the coal plants. The plan also calls for slashing Michigan's use of all fossil fuels in power plants by 45 percent within 12 years. Granholm also announced sweeping new policies to make Michigan a leader in the development and production of renewable energy and energy efficiency programs, both of which are engines of job growth in a 21st century economy.

"Today, Gov. Jennifer Granholm laid out a bold vision for our energy future," Anne Woiwode of the Sierra Club said. "Michigan is ready and able to build a strong future based on clean, renewable energy and energy efficiency, not outdated, 1950s-era polluting coal plants. Today's action sends a clear message that we will put our families, public health and the ability to compete for 21st century jobs before devotion to the failing status-quo."

In her State of the State address today, Granholm said Michigan will more stringently apply section 165 of the federal Clean Air Act to crack down on new coal projects by requiring them to follow tough anti- pollution standards. Energy projects must consider clean alternatives before they can proceed with permitting.

Granholm's sweeping announcement positions Michigan to become a leader in 21st century energy policy. In addition to the crackdown on coal, she challenged Michigan to become a leader in renewable energy technology and investments, including in areas such as solar, wind and new battery technology.

Granholm also called for Michigan to weatherize more than 100,000 homes and 1,000 schools, which will create jobs and save consumers money.

"Michigan took a crucial step today toward breaking away from the past and moving toward the future of clean, renewable energy," Cyndi Roper of Clean Water Action said. "Michigan is opening the door to repower, refuel and rebuild America by investing in clean energy technologies that will create jobs, protect our health and safeguard our quality of life."

While other states are rapidly moving away from coal, Michigan was facing up to eight new coal plant proposals, threatening to hold the state back from its clean energy economic potential. Federal rulings and policy have also veered in recent months away from coal, indicating a strong shift toward cracking down on greenhouse gases, carbon dioxide pollution and increasing investments in alternative energy.

"Governor Granholm's bold vision for promoting clean energy and stopping dirty energy sources could have significant positive, preventative impacts on the health of Michigan residents for years to come," said Dr. Kenneth Rosenman, Chief of MSU's Division of Occupational and Environmental Medicine. "Michigan's children, in particular, will be able to breathe a little easier once Michigan's energy future takes this dramatic turn toward cleaner sources outlined by the Governor."

Economic studies have indicated that investing in energy efficiency and alternative energy production would create many more Michigan jobs as building all of the eight coal plants currently proposed.

According to studies by the Renewable Energy Policy Project and the American Council for an Energy- Efficient Economy, Michigan could create 46,000 new jobs by investing in renewable energy and efficiency.

###

Thanks to Progress Michigan for their assistance with this press update 

US Forest Service Drops Appeal for Drilling Plan Near Mason Tract World Class Trout Stream Protected

NEWS RELEASE

Contact: Rusty Gates, Anglers of the Au Sable, 989-348-8462 

Marvin Roberson, Sierra Club Michigan Chapter, 906-360-0288

In a major victory for anglers, hikers and canoeists, the US Forest Service has dropped its appeal of a Federal Court decision to protect the Mason Tract and nearby Au Sable River from oil and gas drilling. The Au Sable River is one of the world’s premier blue ribbon trout streams.

The agency action follows a decision issued by Michigan Eastern District Federal Court Judge David M. Lawson in July. The decision came in response to concerns raised by the Sierra Club, Anglers of the Au Sable and Tim Mason about the Forest Service plan to allow Savoy Energy Company to clearcut and drill on National Forest land adjacent to the Mason Tract and within earshot of the river.

“Clearly some considered oil and gas drilling more important than the solitude required by hunters, anglers and hikers in this spectacular area,” said Marvin Roberson, Sierra Club Forest Ecologist. “Given the importance of this place to the people of the state of Michigan, we applaud this decision to abandon the appeal.”

The Forest Service failed to adequately consider the environmental impacts and alternatives to address concerns including noise and habitat destruction in its plan. As a result the court enjoined the Forest Service from engaging in any activities. Savoy Energy Company was denied a last minute attempt to intervene in the case on appeal in front of the 6th Circuit Court of Appeals. The decision by the Forest Service to drop its appeal leaves the lower court decision and injunction in place and protects the Au Sable River from destructive drilling.

"This portion of the Au Sable is the most pristine trout stream in the lower peninsula" said Rusty Gates, President of the Anglers of the Au Sable. "People come here from all over the world to enjoy the beauty and solitude afforded by this river. We're glad to see that it remains protected".

The Mason Tract was established in 1955 when Tim Mason’s grandfather, George Mason, bequeathed a 1,500 acre parcel with eleven miles of frontage on the South Branch of the Au Sable River to the State of Michigan. George Mason’s gift was conditioned on maintaining the pristine condition of the Tract. Today, the Mason Tract covers approximately 4,500 acres, but the oil and gas rights under the Tract were at least in part owned by the federal government and were leased by the Bureau of Land Management.

According to Tim Mason, who represented the living Mason heirs in this suit, "this recent development will allow my Grandfathers vision to carry on and provide people an opportunity to enjoy the quiet solitude he found so therapeutic and relaxing".

"This unique gift that he left to the people of Michigan and this country has provided recreational hikers, skiers, canoeists and dedicated fishermen and sportsmen an opportunity to enjoy the outdoors in ways that are rare and hard to find these days. On behalf of our Grandfather and the rest of the Mason family we are grateful for the efforts of the Sierra Club, The Anglers of the Au Sable and all of the volunteers that made this happen."

No drilling is allowed on the Mason Tract itself however oil and gas could potentially be retrieved through Forest Service lands abutting the Mason Tract. Savoy Energy Company proposed to set up a drilling platform in an old growth portion of the South Branch Area of the Huron Manistee National Forest. The drilling platform would be near enough to impact the Mason Tract and the only two track trail that leads to the Mason Chapel within the Tract.

The conservationists were represented by attorney Marianne Dugan of Portand, Oregon, one of the most successful environmental attorneys in the nation.

Sierra Club Takes Action to Force Holland Board of Public Works to Use Modern Contols for Soot and Smog

For immediate release

CONTACT: Anne Woiwode, State Director, Sierra Club Michigan Chapter 517-484-2372 or anne.woiwode@sierraclub.org

Grand Rapids, MI – Sierra Club took action today to force the Holland Board of Public Works’ James De Young coal-fired power plant to employ modern controls for soot- and smog-forming pollution that is a leading contributor to asthma and other serious health problems. Over the past decade, the more than 40-year old plant has been repeatedly modified to keep it operating past its retirement date without installing required modern pollution controls.

“Old, dirty coal plants in Michigan like the De Young plant are huge sources of pollutants that contribute to asthma, lung cancer, and other respiratory issues,” said Anne Woiwode, Director of the Sierra Club Michigan Chapter. “Nationwide, pollution from coal-fired power plants causes over 21,000 hospitalizations, 38,000 heart attacks and 24,000 deaths each year,” added
W oiwode.

The Holland Board of Public Works undertook major modifications and life-extension projects at the plant over time without notifying state regulators, without obtaining a new permit, and without installing modern pollution controls. These changes not only extended the life of the aging coal plant, but also likely increased harmful emissions of nitrogen oxides, sulfur dioxide, and fine particulate matter. The violations were uncovered during Sierra Club’s investigation into the Board’s plans to expand the facility and more than double its capacity.

Despite claims by the Board that expanding the De Young plant will improve air emissions, the expansion will do nothing to address the years of excess pollution resulting from the plant’s failure to use adequate pollution controls like those used elsewhere in the country. In addition, the Board’s assertion that the expansion project will actually lower emissions fails to acknowledge that historic emissions were unlawful and attempts to take credit for reductions already required by law.

“Especially in today’s economic climate the Holland Board of Public Works should clean up its existing plant before it sinks hundreds of millions of dollars into another polluting project,” said James Gignac, Midwest Director of the Sierra Club’s National Coal Campaign. “The Board’s desire to more than double the size of a project that has been polluting illegally for years shows a great disregard for public health and environmental quality,” added Gignac.

In addition to public health, the De Young plant and its proposed expansion should be part of the past when it comes to energy. “We have the opportunity right now to create a clean energy future for Holland, by getting any additional energy needs from clean sources, promoting energy

efficiency, creating clean energy jobs, and reducing global warming pollution,” said Jan O’Connell with the Sierra Club Michigan Chapter. “Now is the time to repower, refuel, and rebuild America right here in West Michigan,” urged O’Connell.

The Sierra Club suit filed in Federal District Court today charges the City of Holland and the Holland Board of Public Works with violations of the federal Clean Air Act. Sierra Club is seeking enforcement of the Clean Air Act, installation of modern pollution controls, and penalties to hold the De Young plant responsible for its pollution.

Sierra Club is represented in this matter by Madison, WI based attorneys Lester Pines and Kira Loehr of Cullen Weston Pines & Bach LLP and David Bender of Garvey McNeil & McGillivray, S.C.

Congress Passes Great Lakes Cleanup Bill

Sierra Club Applauds Reauthorization of the Great Lakes Legacy Act

FOR IMMEDIATE RELEASE

CONTACT:
Emily Green, Great Lakes Program Director, (608) 257-4994
Melissa Damaschke, Great Lakes Representative – Michigan, (313) 965-0055


DETROIT, MI – The Sierra Club Great Lakes Program applauds Congress for passing the Great Lakes Legacy Act of 2008. The bill reauthorizes a highly successful program to clean up toxic hotspots in the Great Lakes at the current funding level of $54 million per year for the next two years.

“We applaud all of the cosponsors, especially Reps. James Oberstar (MN) and Vern Ehlers (MI), for their leadership on this legislation,” said Emily Green, Director of the Sierra Club’s Great Lakes Program. “Over the past five years, the Great Lakes Legacy Act has proven to be an effective tool in cleaning up the Great Lakes and restoring this important natural resource. Experience shows we can use modern technologies to safely remove and dispose of contamination, such as with the clean up of the Detroit River Black Lagoon.”

In winter of 2005, the Black Lagoon of the Detroit River became the first project successfully cleaned up with funding from the Great Lakes Legacy Act. The site was contaminated with polluted sediment containing toxins like mercury and PCBs. Funds from the Legacy Act provided for dredging that removed the contaminants and helped restore the health to this area and its shoreline.

“The Great Lakes are home to a $4.5 billion sport fishing industry,” said Melissa Damaschke, Great Lakes representative for the Sierra Club. “We can use funds provided by the Legacy Act to clean up historically contaminated Areas of Concern and provide benefit to this multibillion dollar sport fishing industry.”

A recent Brookings Institution study found that cleaning up contaminated sites and investing in other aspects of Great Lakes restoration would result in over $50 billion of economic benefits, such as increased coastal property values, to the Great Lakes region. (Brookings Institution, “Healthy Waters, Strong Economy”)

Re-authorization of the Legacy Act was recommended by the Great Lakes Regional Collaboration, a comprehensive set of solutions to restore and protect the Great Lakes.

“This is our opportunity to change the legacy we leave our children from toxic contamination to water that is safe to drink and fish that are safe to eat” said Damaschke. “Now is our chance to be responsible stewards of the lakes, cleaning them up for our families and our future.”