Today is Veterans Day…A special day to say thanks to our living veterans. While we say thanks today, we should be saying thanks every day.
By the way, I meant to report this last week, but it really struck me hard later last Monday after I received the notice of his e-mail bouncing back. My friend, Scott Harper, 51, the longtime environmental reporter for the Hampton Roads Virginian-Pilot, died after a long battle of pancreatic cancer on October 26th. He had been a reporter at the Virginian-Pilot for 17 years covering the environment as good as anyone. More importantly, he was an all-around genuine guy. He leaves behind his wife of 22 years and three children, the oldest of whom is in his first year of college at Cornell.
Former Balt Sun reporter Rona Kobell may have captured my thoughts better than I could when she wrote that: “Scott was a tough reporter, but he never stopped being likable, even to the people he covered. It is the mark of someone truly good at what they do that, when they expose truths you would rather not be known, you still like them.” I hope you are interested in helping Scott’s family in this time of need. You prayers, well wishes and generosity would be appreciated. I can forward you the information should you want it.
Last week was super busy with the EPA hearings across the country and Energy Secretary Moniz’s visit to Kemper after the CCS ministerial meeting. This week, the schedule presses on both at the UN climate meetings, which kick off today in Poland amidst the response to the typhoon in the Philippines, and here in DC with Thursday hearings featuring EPA’s Gina McCarthy at House Science and bipartisan legislation to undo the GHG rules in the House Energy Committee.
This also looks to be a busy ethanol week. Not only is EPA expected to make its RFS announcements any time now, the Associated Press is releasing a hard-hitting, detailed analysis of ethanol’s environmental and land-use impacts. Of course, the RFA says it is a “smear campaign” but that seems like the same old tired argument.
Finally, congrats to our friend Dan Utech, who takes over today at the White House for the just-departed Heather Zichal as climate and energy policy advisor to the President. Call with questions.
c. (202) 997-5932
IN THE NEWS
Moniz Heads to Kemper – The Energy Secretary Ernest Moniz went to Southern Co.’s Kemper County, Miss., carbon capture project last Friday to further a discussion of the technology started earlier in the week at energy Ministerial meetings on the topic. The project also has received heighted attention because of its significant mentions in EPA’s proposal to limit greenhouse gas emissions from new power plants. The event followed the Carbon Sequestration Leadership Forum (CSLF) Ministerial Meeting in Washington, D.C., where the Kemper project was endorsed by the CSLF and added to its portfolio of pioneering activities
International Leaders Joined Moniz – Moniz led an international delegation of government and industry leaders on a tour of Kemper to see firsthand the innovative 21stcentury coal technology under construction in southeast Mississippi. During the visit, international energy ministry officials representing more than a half dozen countries discussed opportunities to leverage the facility’s technology to cleanly and efficiently meet their nations’ energy needs.
Who Was There – Joining Secretary Moniz at the Kemper facility were Mississippi Gov. Phil Bryant, Southern Company Chairman, President and CEO Thomas A. Fanning, Mississippi Power President and CEO Ed Holland and energy ministry officials from around the world, including Australia, Canada, Italy, Japan, Mexico, Norway, Saudi Arabia and the United Kingdom.
The Moni-Money Quote – Following the visit, Secretary Moniz praised the SoCo effort: “Southern Company is, in many ways, leading all towards a 21st century generation portfolio.”
Kemper Worker, On-line Vitals –There are currently 6,000 workers onsite and more than 480 Mississippi companies involved in the Kemper project. Most recently the project met major milestones by testing the power generation portion of the plant and connection of its largest electric transmission lines. The facility is scheduled to begin operation in the fourth quarter of 2014.
DOE To Roll Out Fossil Loan Guarantees – Just prior to rolling to Kemper, the DOE announced 18 projects across the country to research innovative, second-generation technologies that will help improve the efficiency and drive down costs of carbon capture processes for new and existing coal-fired power plants. With nearly $84 million in investments from the Energy Department – and additional cost-share from industry, universities, and other research institutions – the projects will support the development of advanced technologies that will help enable efficient, cost-effective application of carbon capture and storage (CCS) processes for new and existing coal-fired power plants. Projects will conduct carbon capture research for two different fossil power generation processes. For traditional, combustion-based power plants – like most coal-fired plants today – research will focus on more efficiently capturing carbon emissions post combustion. More advanced, gasification-based electric power plants break down coal – or almost any carbon-based feedstock – into its chemical constituents before any combustion takes place. Research into this technology will improve the efficiency and cost-effectiveness of pre-combustion carbon capture.
SoCo Adds Another CA Solar Project to Portfolio – Speaking of Southern Company, its subsidiary Southern Power acquired the company’s second solar photovoltaic (PV) installation in California – the 20-megawatt (MW) Adobe Solar Facility – in partnership with Turner Renewable Energy. The Southern Power-Turner Renewable Energy partnership’s sixth solar project acquisition is expected to close upon the successful completion of construction, which is anticipated in spring 2014. The Adobe Solar Facility will be built, operated and maintained by SunEdison, a leading global solar technology manufacturer and provider of solar technology and solar energy services. Construction of the project began this fall. Ted Turner, owner of Turner Renewable Energy, teamed with Southern Company through a subsidiary in January 2010 to form a strategic alliance to pursue development of renewable energy projects in the United States. The partnership has primarily focused on developing and investing in solar PV projects where solar resources are most favorable. The Adobe Solar Facility will be located on a 160-acre site in Kern County, Calif. Electricity generated by the plant will serve a 20-year power purchase agreement with Southern California Edison, a subsidiary of Edison International. Headquartered in Rosemead, Calif., Edison International, through its subsidiaries, is a generator and distributor of electric power and an investor in infrastructure and energy assets, including renewable energy.
Industry Testifies at EPA Hearings – So last week, there were hearings across the country at EPA offices on the new GHG rules. My colleague Scott Segal testified at the DC hearings, saying “EPA regulations that hamper or stifle innovation in the coal-powered sector represent a significant challenge to energy security, electric reliability, and job creation in the United States.” Segal added that industrials and power plants are already in transition as a result of numerous EPA rules, and GHG requirements must not penalize the investments companies have already made to reduce environmental impact. Segal says additional benefits to an ill-considered rule for existing power plants may be few and far between. Segal: “Carbon-emission rules are not designed to produce local air quality benefits. The fact that these potential rules are being advanced on a unilateral basis means that continued and expanding coal use from Asia to Europe will result in no real impact on global warming. Further, as energy costs increase in the US, and manufacturing assets move overseas to areas less sensitive to energy efficiency, carbon emissions might even go up as a result of the rules. Certainly, if we have to import more goods back to the United States as we lose manufacturing capacity, carbon emissions will increase.”
In-depth AP Story Hits Ethanol – Speaking of the RFS, for years, ethanol has been a centerpiece of America’s political and green energy strategy. It has been described as homegrown fuel that can reduce greenhouse gases and to wean the country off foreign sources of oil. But an Associated Press investigation just out highlights the environmental impact of ethanol production. As farmers rushed to find new places to plant corn, they touched off a cascade of unintended consequences, including the elimination of many acres of conservation land. A months-long reporting effort into the hidden cost of this green energy source was led by Washington bureau reporters Dina Cappiello and Matt Apuzzo, but represents the efforts of dozens of AP journalists, photographers, video producers, data experts, editors and others across the country. AP used its footprint in the 50 states to interview farmers, politicians, environmentalists, scientists and many others. AP’s data experts also burrowed deep into statistics to tell a comprehensive story.
Ethanol Industry Pushes Back – The ethanol industry is doing what you might expect: Calling the ethanol exposé a misleading lie and blaming ethanol’s woes on others. I don’t think the oil industry own the AP last time I checked though… RFA says the AP story “uses disproven myths, skewed data, and outright fabrications to suggest biofuels and the Renewable Fuel Standard have not lived up to their promise.” Last time I checked, most folks think it really hasn’t. RFA goes on to counter many of the claims about land issues and impacts in a detailed fact sheet, as well as provided reports and scientists that have found ethanol significantly reduces GHG emissions relative to gasoline and looked at the full range of ethanol’s impacts on air, land, and water compared to gasoline.
Study Show Developing Countries to Pass Developed Countries in Emissions – A new recent study of global emission trends by the PBL Netherlands Environmental Assessment Agency, research group Ecofys and the European Commission’s Joint Research Centre, found that developing countries will soon be responsible for the greatest world share of global carbon dioxide (CO2) emissions. The study predicted that developing countries will account for 51 percent of world cumulative CO2 emissions by 2020, marginally surpassing emissions from developed nations. Developing countries accounted for 48 percent of cumulative emissions from 1850 to 2010. November 11, nearly 200 governments will meet in Warsaw, Poland to discuss a global deal for fighting climate change to be agreed on by 2015, and put into action starting 2020. The study notes that discussions at UN climate negotiations tend to focus on the biggest climate change contributors – putting developing nations at the focus of the talks, along with the long-standing large CO2 emitters United States, the European Union, and Russia. Separately, the PBL Netherlands Environmental Assessment Agency noted a remarkable slowdown in worldwide CO2 emissions despite substantial economic growth.
ON THE SCHEDULE THIS WEEK
UN Climate Meetings Set for Next Week – The 19th session of the Conference of the Parties (COP 19) for the UN Climate negotiations will be held this week and next in Warsaw, Poland. This meetings is expected to be low-key foundation building for the 2015 Meetings slated for Paris next year. In Paris, negotiators are trying to forge an extension of the Kyoto Treaty.
Local Solar Conference Set – MDV-SEIA will hold its 7th annual Solar Focus Conference today and tomorrow at the Marriott at Metro Center. To mark the milestone, they will have an exciting lineup of speakers and panels. This year’s theme is “The Sun Rises in the East: The Growth of East Coast Distributed Solar.” It will highlight the unprecedented, exponential growth of distributed solar in markets such as Connecticut, D.C., Georgia, Maryland, Massachusetts, New York, North Carolina, and Rhode Island. The event begins with a Kickoff Reception, Opening Dinner, and Keynote Address and then leads into a full day of educational panels on the 12th. Panels will cover the federal policy outlook and federal opportunities, state by state market opportunities, solutions for managing SREC volatility, energy storage & its potential to transform the solar sector, tax equity, overcoming development barriers in Maryland and D.C., and many others. FERC Chair Jon Wellinghoff will address the group tomorrow.
USEA to Host Afghan Power Execs – Tomorrow at 2:00 p.m., the United States Energy Association will host representatives from Afghanistan’s national power utility and respective government ministries to present on the status of the Afghanistan power sector. The delegation includes senior executives from Da Afghanistan Breshna Sherkat (DABS) and the Ministries of Economy, Finance, Energy and Water, and Mines and Petroleum.
JHU to Discuss Solar, Utilities – The Johns Hopkins University Energy, Resources and Environment Program will host a forum tomorrow at 5:00 p.m. on expanding rooftop solar among traditional electric utilities. Speakers will include SEIA’s Bob Gibson, Dominion’s Bill Murray, former D.C. PSC Commissioner Rick Morgan and NREL’s Robert Margolis will speak.
Manchin to Headline NJ Innovation Forum – National Journal LIVE will host a forum on innovation, technology and our energy future on Wednesday at 8:00 a.m. in the Ronald Reagan Building and International Trade Center’s Pavilion Room. Recent energy debates in Washington have focused mostly on government policies, including climate and clean energy standards, that could help increase the use of American resources, shift to cleaner sources of energy and help reduce air emissions. Buried in these debates is the importance of research and development of new energy technologies for both fossil fuels and renewables. National Journal will explore the importance of R&D in America’s new energy landscape and what the right role for the federal government will be to trigger new energy technologies. Our friend Amy Harder moderates a panel featuring Sen. Joe Manchin, BPC expert Margot Anderson and Janet Peace of the Center for Climate and Energy Solutions.
Cadillac, WAPA to Hold Ride/Drive – The Washington Auto Press Assn (WAPA) will hold the November luncheon for a luncheon Cadillac and its luxury brand’s sedans at the Mandarin Oriental in Washington D.C. Wednesday at 11:00 a.m. Drives available starting at 11:00am, followed by lunch at 12:00pm and more driving. Vurpillat, Cadillac’s Global Director of Marketing will discuss the CTS (including Vsport), XTS (including Vsport) and the award-winning ATS. Under Vurpillat, Cadillac has successfully launched a number of new vehicles in the past eight years starting with the CTS and SRX, and now the new XTS luxury sedan and ATS luxury sports sedan. In addition to his work in the U.S., Jim is focused on Cadillac’s growth emerging markets like China, Russia and the Middle East. Prior to his current role, Jim held a number of positions at General Motors ranging from managing major brand partnerships and sponsorships; to advertising campaigns; to market research.
RFF Paper to Discuss Shale Revolution –Resources for The Future (RFF) will hold its November First Wednesday Seminar at 3:45 p.m. to discuss shale gas. The Shale revolution in the United States has dropped the price of natural gas significantly. Combined with new fuel and vehicle technologies, an opportunity exists to expand the use of natural gas throughout the economy, including in the light-duty fleet of cars and trucks. This expansion could involve the direct combustion of the gas in the form of compressed natural gas or liquid petroleum gas or, alternatively, the use of natural gas–based liquid fuels such as ethanol or methanol. In a new paper, “Cheaper Fuels for the Light Duty Fleet: Opportunities and Barriers,” RFF researchers Arthur Fraas, Winston Harrington, and Richard Morgenstern examine the potential economic, environmental, and national security gains from replacing a portion of the gasoline used in the domestic light-duty fleet with these various natural gas–based fuels. They also look at the regulatory barriers to the expanded use of the fuels. At the event, the research team shares key findings, including how using these fuels could yield fuel cost savings relative to conventional gasoline—along with gains to national security and, possibly, some environmental benefits. Panelists will also comment on the costs and benefits of these fuels, as well as regulatory and political challenges to their broader adoption.
Lindzen to Discuss Science at Forum – The Cato Institute will hold a forum on science progress on Wednesday at 4:00 p.m. featuring Richard S. Lindzen, Emeritus Sloan Professor of Meteorology at the Massachusetts Institute of Technology. The discussion will be moderated by Patrick Michaels, Director, Center for the Study of Science at Cato. For many fields of science, there is little doubt that the period 1830-1965 was a golden age. There is also little doubt that changes in the support structure for science since the late 60’s have powerful elements that serve to inhibit major developments. Dr. Lindzen will discuss these changes from the personal perspective of a climate scientist, and place them in the historical perspective of other areas of study.
Forum to Look at Shale, Asia – Asian Americans in Energy, the Environment and Commerce (AE2C) will host a roundtable discussion on Wednesday to look at growing abundance of domestic shale gas and Its impacts on Asia. This opportunity presents new questions for policymakers, business leaders, and citizens such as the cost and business factors that make U.S. LNG competitive in global markets and the potential geostrategic consequences of this resource for the economies and countries across Asia. Bill Loveless, Editorial Director for U.S. Energy Policy at Platts and host of Platts Energy Week TV will moderate the panel including Dominion’s Bill Allen, Jane Nakano of CSIS, API’s Robin Rorick and Kate Williams of Senator Lisa Murkowski’s office.
Reporters to Discuss Climate Coverage at Forum – As the UN meeting continue this week, Georgetown University’s climate center will host a briefing Thursday morning at 8:00 a.m. in GU’s Mortara Building to discuss media coverage of climate change issues. Georgetown Climate Center’s Vicki Arroyo hosts our friends Richard Harris of NPR, USA Today’s Wendy Koch and former Bloomberg BusinessWeek reporter John Carey.
Senate Energy to Discuss Energy, Interior Nominations – On Thursday at 9:30 a.m., the Senate Energy Committee will hold a nominations convene a hearing. DOE General Counsel Nominee Steven P. Croley, Chris Smith, nominated to be an Assistant Secretary of Energy for Fossil Energy and Esther Kia’aina (Assistant Secretary of the Interior for Insular Areas) will each testify.
House Energy to Take Up Legislation on GHG Rules – The House Energy and Commerce Committee’s energy and power panel holds a hearing on Thursday at 9:30 a.m. focused on EPA’s proposed greenhouse gas emissions rule for new power plants and the Whitfield-Manchin bill that would repeal such rules and give Congress more authority over upcoming regulations.
McCarthy to Headline House Science Hearing – House Science Committee will hold a hearing on Thursday that will feature EPA Administrator Gina McCarthy focusing on strengthening transparency and accountability. On Wednesday at 10:00 a.m. the committee’s research panel holds a hearing on federal investments in science and technology research.
CSIS to Look at Energy Picture – The Center for Strategic and International Studies Energy and National Security Program will host a discussion on Thursday at 1:30 p.m. looking at the changing North American energy markets and implications for policies and regulations. North American oil and gas production is growing at rates unforeseen a decade ago. With this new production comes the realization the traditional framework of energy scarcity no longer applies. Are the current policies flexible enough to manage these new energy dynamics? How do policymakers, regulators, and industry manage the new circumstances to safely and prudently allow for the continued development of these resources? Frank Verrastro and David Manning of the Government of Alberta will present.
NRC to Take Comment on Waste – On Thursday at 2:00 p.m., NRC will provide an opportunity for interested parties to provide comments on the Waste Confidence Draft Generic Environmental Impact Statement and proposed rule.
EIA’s Sieminski to Headline Georgetown Cleantech Conference – Georgetown University’s annual conference on energy and Cleantech issues will begin on Friday. The conference is for students, energy industry professionals, government officials and business leaders to discuss the latest developments in the energy industry. This year’s conference will feature keynote remarks by Adam Sieminski, Administrator of the U.S. Energy Information Administration, as well as panels on regulation of oil shale and gas production, renewable energy financing, innovative business strategies to procure energy, and a discussion of whether or not the U.S. should grant additional export permits for domestic natural gas.
World Coal Meeting Held in Poland As Well – As I Mentioned last week, Poland gets 88% of its power from coal, so while it hosts the UN Climate meetings this week, Next week it is also hosting the World Coal meeting. UN chief Christine Figures is expected to speak and is getting significant grief from enviro activists for doing so.
NARUC Set for Orlando – The 125th annual NARUC meeting will be held in Orlando, Florida at the Hilton Bonnet Creek, November 17th through 20th. Speakers include NIST Director Patrick Gallagher, FCC Chair Mignon Clyburn and AWEA Tom Kiernan, among many others. On Tuesday, there will be a discussion of the bad actors who wish to cause harm to our regulated utility system from Kyle Wilhoit, Threat Researcher with Trend Micro. And on Wednesday morning a number of State commissioners and consumer advocates will discuss the about the future of utility regulation. Throughout the week, there will be numerous concurrent sessions on issues like rebuilding the water infrastructure after emergencies, methane emissions from gas production, energy market oversight, and much more. On the day prior to the conference, the FERC-NARUC Forum Reliability and the Environment will feature EPA Acting Assistant Administrator Janet McCabe and North American Electric Reliability Corporation President and CEO Gerry Cauley.
Forum to Look at Persian Gulf, Oil Security – George Washington University’s Institute for Security and Conflict Studies will hold a forum on Monday November 18th in the Linder Family Commons, Room 602 oil security and U.S. Military commitment to the Persian Gulf. The U.S. strategic objective of protecting Persian Gulf oil has generated little controversy since the Gulf became a focus of U.S. military deployments over three decades ago. This may seem unsurprising given the widely-appreciated importance of oil to the global economy. Nevertheless, quite dramatic changes have occurred in the regional balance of power, the nature of security threats, and the global oil market since the U.S. made its commitment raising the possibility that the U.S. role should be revisited. The conference panels examine the key rationales driving current U.S. policies, the costs and benefits of alternative approaches, and options for revising the U.S. military stance in the region.
Energy Security, Military Issues Focus on Conference – The U.S. Army War College will gather experts from the policymaking community, academia, think tanks, the private sector, and the military services at the Reserve Officers Association headquarters in Washington, DC on Tuesday and Wednesday November 19th and 20th at the Reserve Officers Association’s Minuteman Memorial Building to address first the major ‘new realities’ both geographically and technologically and then the specific military implications. Following the conclusion of the conference, the U.S. Army War College will produce an edited volume consisting of contributor comments/papers, as well as a series of two-page decision-maker executive summaries that will be designed to shape U.S. national security policy and the American response to the ‘new realities.’
House Transpo Panel to Look at Autonomous Vehicles – The House Transportation and Infrastructure Committee’s Subcommittee on Highways and Transit will hold a hearing on Tuesday, November 19th at 10:00 a.m. looking at autonomous vehicles and how they may shape the future of surface transportation.
Forum to Look at Data Centers, Energy – The Information Technology and Innovation Foundation, the Information Technology Industry Council and the Digital Energy and Sustainability Solutions Campaign will hold a panel of leading industry and academic experts on Wednesday, November 20th at 9:00 a.m. at 122 Cannon to discuss the nature and importance of next-gen data center technologies and the role government can play as an early adopter. Increasingly stringent budget constraints are pushing federal agencies to investigate ways to reduce costs and increase productivity. At the same time, new Executive Orders and Congressional actions have mandated increased energy efficiency for government. These two forces have come together to create new opportunities for next-generation ICT technologies, particularly innovative data centers. In an effort to keep government at the leading edge of ICT innovation, Representatives Anna Eshoo (D-CA) and Mike Rogers (R-MI) have introduced the Energy Efficient Government Technology Act (H.R. 540) to advance public-private partnerships to increase the energy efficiency of federal data centers. Rep. Anna Eshoo will speak, as well as HP’s Colin Coyle, ITIC President Dean Garfield, Northwestern U’s Eric Masanet, Cathy Snyder of Lockheed Martin and EMC’s Kathrin Winkler.
NAM, SoCo Speakers Headline Energy Efficiency Forum – The Environmental and Energy Study Institute in coordination with the House Renewable Energy and Energy Efficiency Caucus will hold a forum on Wednesday, November 20th at 11:30 a.m. in B-338 Rayburn to focus on energy efficiency. The United States is already much more efficient than it was 40 years ago, when the first oil crisis hit. It takes about 52 percent less energy to produce the same amount of GDP than it took in 1973. And we can do even better. In a 2012 study, ACEEE ranked the world’s 12 major economies (including Brazil, China and Germany) based on how energy efficient they were. The United States came in ninth. Speakers will discuss some of the innovative solutions businesses have developed to cut their energy usage, and to design highly energy efficient products and services for our buildings and industrial sectors. They will also consider what policymakers can do to further promote energy efficiency gains. They include NAM’s Ross Eisenberg, Paul Hamilton of Schneider Electric and Southern Energy Management Company Co-founder and CEO Maria Kingery.
DOE to Host Webinar on Offshore Wind Jobs – The Energy Department’s EERE Wind and Water Power Technologies Office will present a live webinar on Wednesday, November 20th at 3:00 p.m. looking at the job and economic development impacts of offshore wind. More than a year ago, the National Renewable Energy Laboratory (NREL) initiated work to expand the Jobs and Economic Development Impacts (JEDI) model to include fixed-bottom offshore wind technology. Following the model’s completion (and in partnership with the Energy Department’s Wind Program, Illinois State University, and James Madison University), NREL supported the analysis of the regional jobs and economic impacts of offshore wind for the Great Lakes, Mid-Atlantic, Southeast, and Gulf Coast regions. This webinar will provide an overview of the new offshore wind JEDI model and review the four completed assessments.
Portman, Shaheen to Headline 2013 Energy Efficiency Day – The Alliance to Save Energy will hold its annual Great Energy Efficiency Day on Wednesday, November 20th at 1:30 p.m. in the House Cannon Caucus Room to discuss doubling U.S. energy productivity by 2030 through efforts at the local, state, and federal levels. Speakers will include Sens. Rob Portman and Jeanne Shaheen, Rep. Michael Burgess, DOE Deputy Assistant Secretary for Energy Efficiency Kathleen Hogan, and many others.
Annual SoCo Washington DC Holiday Event – December 4th
BPC, NARUC to Hold 2nd Clean Air Act Workshop – On December 6th, BPC’s Energy Project – along with the National Association of Regulatory Utility Commissioners (NARUC) – will host the second workshop on section 111(d), which will focus on the use of economic modeling to understand the potential impacts of GHG power plant regulation. Stay tuned for more details in the coming days on the BPC/NARUC websites.
Court to Hear Mercury Cases in December – The U.S. Court of Appeals for the D.C. Circuit has scheduled oral arguments on December 10th on two consolidated cases concerning EPA’s Mercury and Air Toxics Standards for power plants. Both rules were finalized in 2012. The Oral arguments for both White Stallion Energy Center LLC v. EPA and Utility Air Regulatory Group v. EPA will be held at 9:30 a.m. in DC before Chief Judge Merrick Garland and Circuit Judges Judith Rogers and Brett Kavanaugh.
Experts to Discuss Court Cases – Following the court arguments, the DC Bar’s Air and Water Quality Committee of the Environment, Energy and Natural Resources Section and the Environmental Law Institute will host a discussion with the litigants of the major issues and possible outcomes in these seminal cases. EPA’s attempts to regulate pollutants that cross state lines have been struck down twice by the D.C. Circuit. Now the Supreme Court will have its chance to opine on EPA’s authority under the “good neighbor” provisions of the Clean Air Act. On the same day, the D.C. Circuit will test the MATS rule, which EPA says is necessary to protect public health but which industry casts as burdensome and ineffective.