New York City set to ban natural gas in new buildings

By Scott DiSavino

(Reuters) -The New York City Council is expected to vote on Wednesday to ban natural gas in new buildings, following in the footsteps of dozens of other smaller U.S. cities seeking to shift from fossil fuels to cleaner forms of energy.

Should the law pass, new buildings in the city of 8.8 million residents – biggest in the United States – will have to use electricity for heat and cooking.

In the near-term, the new law will do little to reduce carbon emissions in the Big Apple, as numerous older buildings will not be affected, and the new structures would use electricity generated with fossil fuels anyway. Longer-term, however, the state plans to stop using fossil fuels to generate power.

The law would apply to new buildings under seven stories high at the end of 2023 and those over seven stories in 2027. Until now, the most populated U.S. city that has banned natural gas in new buildings is San Jose in California with about 1 million residents.

There are exceptions for some buildings used for certain activities, including manufacturing, hospitals, commercial kitchens and laundromats.

In 2020, U.S. carbon emissions from fossil fuels fell to their lowest since 1983, but were expected to rise about 7% in 2021 because power providers were burning more coal to generate electricity due to a sharp increase in natural gas costs.

New York’s move could mean a higher price tag for buildings using electricity for heat than those relying on natural gas. This winter, the average household in the U.S. Northeast is expected to pay $1,538 to heat their home with electricity, compared with natural gas at about $865.

“Using gas to produce power and then subsequently heat buildings is less efficient than using gas for heating directly,” analysts at energy consultancy EBW Analytics Group said.

Almost half of the power generated in New York State so far this year came from burning fossil fuels – 45% from gas and 4% from oil – with another 24% from nuclear power and 22% from hydropower, according to federal energy data.

The power sector’s carbon emissions in New York State should decline in the future because the state passed a law in 2019 requiring all electricity to come from clean, carbon-free sources of energy like renewables and nuclear by 2040.

Burning fuels for space and water heating in buildings accounts for nearly 40% of the city’s total greenhouse gas (GHG) emissions, according to environmental advocacy group RMI, which evaluated city greenhouse gas data.

“Burning fracked gas to power buildings is a main driver of climate change and air pollution, which leads to catastrophic climate events and the premature death of an estimated one thousand New York City residents per year,” Food & Water Watch and other environmental groups said in a statement.

The oil and gas industry, which opposed the proposal, said using gas for space heating would keep customer costs lower and reduce emissions especially when combined with clean fuels like hydrogen and renewable natural gas from landfills.

“Energy-efficient, low-carbon buildings could be powered by an innovative combination of natural gas and renewable energy (such as hydrogen) to both lower emissions and utility bills,” the American Petroleum Institute, an oil and gas lobby group, said as part of the city council hearings on the bill.

In Europe, meanwhile, where natural gas shortages have caused energy prices to spike to record highs in recent months, the European Union is considering whether to label gas-fired power plants as a green investment in efforts to reach climate goals.

(Reporting by Scott DiSavino; Editing by Marguerita Choy)

Fate of Dakota Access pipeline at stake at Friday court hearing

By Laila Kearney and Devika Krishna Kumar

NEW YORK (Reuters) – The fate of the Dakota Access pipeline could be decided at a U.S. court hearing Friday, where federal regulators could set in motion a months-long shutdown of the line while the Biden Administration completes an environmental review.

The market has been increasingly worried about a possible shutdown as the White House aims to reduce the nation’s reliance on fossil fuels and address concerns of minority communities harmed by carbon emissions. Biden’s administration has restricted oil-and-gas leasing on federal lands and cancelled permits for the proposed Canada-to-U.S. Keystone XL line and a U.S. Virgin Islands refinery expansion.

Energy Transfer’s Dakota Access Pipeline (DAPL) ships up to 570,000 barrels of North Dakota’s crude production to the U.S. Midwest and Gulf Coast. It has been in danger of shutting down since a D.C. court threw out a key permit last summer that allowed it to operate under a water source used by Native American tribes.

The U.S. Army Corps of Engineers, which is in charge of issuing permits for pipelines to travel under waterways, is expected to detail plans for DAPL at the hearing before the U.S. District Court for the District of Columbia.

That court canceled the line’s permit in July and ordered it to undergo a more thorough environmental review. The Corps has allowed DAPL to operate since as it assessed its options and brought the Biden administration up to speed.

“It is more likely than not that the pipeline gets shut down, at least temporarily,” said Glenn Schwartz, analyst at energy consultancy Rapidan Energy Group, which put the odds at a temporary shutdown at 70%.

The line has been in operation since 2017, when incoming President Donald Trump fast-tracked the permitting process and allowed the line to enter service despite opposition from environmental groups and Native American tribes.

Environmental groups and Native American tribes say the pipeline threatens a drinking water supply and should not continue to run, and they have ramped up pressure on the White House to shut the line.

Since its permit to cross under Lake Oahe was thrown out, DAPL has been legally trespassing on federal land, and the Army Corps must now decide if the line should continue running. A district court could order the line shut if the Army Corps chooses not to pursue a closure.

If the line were to be shut, oil shippers out of the Bakken region in North Dakota and eastern Montana would have to rely on existing smaller pipelines and shipping by rail.

“U.S. crude markets would be shaken up by the shutdown of the primary link from the Bakken to Midwest and Gulf Coast markets,” wrote analysts at BTU Analytics.

(Reporting by Laila Kearney and Devika Krishna Kumar; editing by David Evans)

Supreme Court takes up energy companies’ appeal over Baltimore climate suit

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Friday agreed to hear an appeal by energy companies including BP PLC, Chevron Corp, Exxon Mobil Corp and Royal Dutch Shell PLC contesting a lawsuit by the city of Baltimore seeking damages for the impact of global climate change.

The justices will weigh whether the lawsuit must be heard in state court as the city would prefer or in federal court, which corporate defendants generally view as a more favorable venue. The suit targets 21 U.S. and foreign energy companies that extract, produce, distribute or sell fossil fuels.

The outcome could affect around a dozen similar lawsuits by U.S. states, cities and counties including Rhode Island and New York City seeking to hold such companies liable for the impact of climate change.

Baltimore and the other jurisdictions are seeking damages under state law for the harms they said they have sustained due to climate change, which they attribute in part to the companies’ role in producing fossil fuels that produce carbon dioxide and other greenhouse gases.

The plaintiffs have said they have had to spend more on infrastructure such as flood control measures to combat sea-level rise caused by a warming climate. Climate change has been melting land-based ice sheets and glaciers.

The Supreme Court in 2019 declined the companies’ emergency request to put the Baltimore litigation on hold after a federal judge ruled that the case should be heard in state court. In March, the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals upheld the judge’s decision.

In the absence of federal legislation in the bitterly divided U.S. Congress targeting climate change, the lawsuits are the latest effort to force action via litigation.

The Supreme Court in a landmark 2007 ruling said that carbon dioxide is a pollutant that could be regulated by the Environmental Protection Agency. Under Democratic President Barack Obama, the agency issued the first-ever regulations aimed at curbing greenhouse gases. But efforts in Congress to enact sweeping climate change legislation have failed.

The court took action in the case three days before it begins its new nine-month term short one justice after the Sept. 18 death of Ruth Bader Ginsburg. President Donald Trump has nominated federal appeals court judge Amy Coney Barrett to replace Ginsburg.

(Reporting by Lawrence Hurley; Editing by Will Dunham)