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                                                                                                 u.s. news Dialuna 3 Mei 2021

                            Wyoming backs coal with $1.2M threat to sue other states


            (AP) — While most states
            pursue  ways  to  boost  re-  Last  year,  Wyoming  and
            newable energy, Wyoming  Montana  —  another  major
            is doing the opposite with  coal  state  —  asked  the  Su-
            a  new  program  aimed  at  preme  Court  to  override  a
            propping  up  the  dwin-     decision by Washington state
            dling coal industry by su-   to  deny  a  permit  to  build  a
            ing other states that block  coal export dock on the Co-
            exports  of  Wyoming  coal  lumbia  River.  The  interstate
            and cause Wyoming coal-      lawsuit  followed  years  of
            fired power plants to shut  unsuccessful attempts by the
            down.                        dock's developer, Utah-based
                                         Lighthouse  Resources,  to
            The  law  signed  April  6  by  contest  the  permit  denial  in
            Republican Gov. Mark Gor-    federal court.
            don  creates  a  $1.2  million
            fund  for  an  initiative  that  The  Supreme  Court  hasn't
            marks  the  latest  attempt  by  said yet if it will hear the case
            state  leaders  to  help  coal  in  but  the  new  legal  fund  ap-
            the state that accounts for the  proved  resoundingly  by  the
            bulk of U.S. coal production,  Wyoming  Legislature  and
            which is down by half since  overseen  by  Gordon  could
            2008.                        help  cover  the  cost  of  that
                                         litigation, Pearlman said.
            "Wyoming is sending a mes-
            sage  that  it  is  prepared  to  All  the  while,  prospects  for
            bring litigation to protect her  Wyoming's  coal  industry
            interests,"  Gordon  spokes-  are  as  dim  as  ever,  even  af-
            man  Michael  Pearlman  said  ter  then-President  Donald  further setting back the coal  two  southwestern  Wyoming  states to shut down coal-fired
            of  the  fund  signed  into  law  Trump  rolled  back  regula-  dock proposal.         power plants starting in 2023,  power.
            April 6.                     tions on mining and burning                               as much as five years sooner
                                         the fossil fuel.             So can state vs. state lawsuits  than  envisioned  just  a  few  "I will not waver in my efforts
            The  law  puts  West  Coast                               help the coal industry?      years  ago.  The  utility  serves  to protect our industries, par-
            states  and  Colorado  on  no-  Wyoming  coal  production,                             four  states  with  renewable  ticularly  our  coal  industry.
            tice — all seek to get a large  which  accounts  for  about  "We're  supportive  of  all  the  energy standards or goals —  The use of coal is under as-
            share of their electricity from  40%  of  the  nation's  total,  efforts of the state right now  California,  Oregon,  Utah  sault from all directions. And
            renewables but still get juice  has  been  in  decline  as  utili-  to protect and defend the in-  and  Washington  —  and  two  we  have  stood  firm  in  our
            from  aging  Wyoming  coal-  ties  switch  to  gas,  which  is  dustry,"  Wyoming  Mining  that  don't:  Idaho  and  Wyo-  support  of  it  throughout,"
            fired  power  plants.  The  ap-  cheaper  to  burn  to  generate  Association Executive Direc-  ming.               Gordon  said  in  his  state  of
            proach  may  run  into  legal  electricity.  Solar  and  wind  tor Travis Deti said.                                the state address in March.
            troubles,  though,  according  power also are on the rise as  Wyoming  could  waste  a  lot  PacifiCorp has been meeting
            to one constitutional expert.   coal's share of the U.S. power  of money trying to convince  renewable  standards  by  get-  He called for Wyoming to be
                                         market  shrinks  from  about  courts  to  help  coal,  coun-  ting electricity from the low-  carbon negative — capturing
            Lawsuits   between    states  half in the early 2000s to less  tered University of Maryland  est cost and least risky sourc-  more  of  the  greenhouse  gas
            aren't  unusual  and  often  in-  than 20% now.           environmental law professor  es like it has always done, so  carbon dioxide than it emits
            volve natural resources, such  Hope  that  other  countries  Robert Percival.          the standards haven't factored  — by investing in technology
            as  water  rights.  Such  cases  will  use  more  U.S.  coal,  "I don't think they have a le-  into  its  decisions  to  retire  and infrastructure to trap car-
            can  go  directly  to  the  U.S.  meanwhile,  are  fading  fast.  gal leg to stand on," Percival  coal-fired  power,  company  bon  dioxide  at  power  plants
            Supreme  Court,  if  the  jus-  Lighthouse  Resources  filed  said.                    spokesman  David  Eskelsen  and  keep  the  gas  out  of  the
            tices agree to hear them.    for bankruptcy in December,                               said.                        atmosphere.
                                                                      The  Constitution's  Com-
                                                                      merce Clause prohibits states  PacifiCorp  has  no  position  Carbon   capture   remains
                                                                      from barring goods and ser-  on  the  legal  fund  but  the  economically  unproven  on
                                                                      vices  based  on  their  state  of  Wyoming Rural Electric As-  a  scale  needed  to  meaning-
                                                                      origin.  States  are  free,  how-  sociation  supports  the  mes-  fully  reduce  current  carbon
                                                                      ever,  to  regulate  or  outright  sage  it  sends  to  states  such  dioxide emissions. Wyoming
                                                                      prohibit  certain  goods  and  as  Colorado,  which  has  re-  has  been  funding  research
                                                                      services  —  coal  and  coal-  newable  energy  standards  into  the  technology,  how-
                                                                      fired  electricity  included  —  and gets coal-fired electricity  ever,  including  $10  million
                                                                      as  long  as  they  don't  inten-  from southeastern Wyoming,  in  a  just-approved  bill  that
                                                                      tionally  target  other  states,  Executive  Director  Shawn  slashed Wyoming's budget by
                                                                      Percival said.               Taylor said.                 over 10% amid weak revenue
                                                                                                                                from oil, gas and coal extrac-
                                                                      Who might be targets of fu-  "It's just kind of part and par-  tion.
                                                                      ture Wyoming coal litigation  cel of folks feeling that states
                                                                      isn't  yet  known.  Pearlman  and state agencies and entities  Connie  Wilbert,  director  of
                                                                      declined to speculate, saying  outside Wyoming are having  the  Sierra  Club's  Wyoming
                                                                      Gordon  and  Attorney  Gen-  more of an impact on our en-  chapter, said the state should
                                                                      eral Bridget Hill would need  ergy  resources  than  we  do,"  put its tight budget to more
                                                                      to study their chances of suc-  Taylor said.              productive use than coal law-
                                                                      cess,  but  they  could  include                          suits.
                                                                      West  Coast  states  including,  The coal litigation fund fol-
                                                                      again, Washington.           lowed a 2020 bill that estab-  "Coal is on the way out," Wil-
                                                                                                   lished  a  $1  million  fund  to  bert  said.  "The  sooner  our
                                                                      Portland, Oregon-based util-  promote Wyoming coal. Wy-   elected  leadership  acknowl-
                                                                      ity  PacifiCorp  plans  to  re-  oming is paying a nonprofit,  edges that and starts looking
                                                                      duce its coal-fired generation  the  Energy  Policy  Network,  for things the state can do to
                                                                      by two-thirds by 2030, part-  $250,000  a  year  from  the  actually help us through the
                                                                      ly  by  retiring  generators  at  fund to contest plans in other  transition, the better."
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