Coal was clearly on EPA Administrator Michael Regan’s mind when he offered up remarks to Reuters about how his agency plans to tackle the industry’s worst infractions, from ozone pollution to coal ash disposal, in hopes of getting those coal facilities to finally shutter. Regan spoke with the outlet last week while on the latest segment of his environmental justice tour in Puerto Rico, visiting sites like the Caño Martín Peña tidal channel and the community of Guayama—an area plagued by what EarthJustice notes is two decades of coal ash contamination thanks to AES Corp’s coal-powered generator.
Regan knows AES Corp’s bad actions constitute a major environmental justice issue and vowed to address plants like the one in Guayama and beyond without running afoul of the Supreme Court’s ruling in West Virginia v. EPA. “Will [the Supreme Court decision] constrain what we could do and the flexibilities that we could allow the power sector to have? Absolutely, but are we deterred? Absolutely not,” Regan told Reuters. “EPA is still in the game… We knew that with the makeup of this court, we weren't going to get a favorable decision, and so from day one, the Biden administration has been working on solutions for designing regulations for power plants.”
It’s unclear when the EPA will roll out additional regulations meant to hold the coal industry accountable, though Regan stressed that the rules would focus on long-term concerns, adding that it just makes financial sense to not just tighten restrictions in hopes of sunsetting coal projects but continue pushing for more renewable energy options. “Clean energy is more cost-effective for [companies] and for their customers,” Regan said.
The EPA has much work ahead of it to hold the fossil fuel sector accountable, with a plan to better regulate methane emissions in the oil and gas industry expected in the weeks to come. Climate change groups and activists are also looking hopefully toward the Inflation Reduction Act, which would incentivize further renewables development, create a framework to reduce emissions by 40% by 2030, and allocate $60 billion in funding toward addressing pressing environmental justice concerns through a community-led approach. The bill sadly comes with some alarming tradeoffs, however, such as requiring more oil and gas leasing as a condition of allowing new wind and solar projects to be approved.