The Obama administration has received more than 100 pages of letters from Native Americans calling for a rejection of the proposed $8 billion Keystone XL Pipeline, claiming that the project would infringe on their water rights and damage sacred land, according to The Hill. The news service sought the letters through Freedom of Information Act requests with the Department of the Interior and found they were nearly unanimous in opposition of the project. The letters arrived just before the department is scheduled to file its own comments with the State Department on the pipeline. The Oglala Sioux Tribe wrote that it “continues to fully and completely oppose” the pipeline, as did the Northern Arapaho Tribe, the Ponca Tribe of Nebraska, the Blackfeet Tribe and the Yankton Sioux Tribe.

TransCanada, the company behind the project, said it has worked with the tribes, changed plans to address their concerns, and spent thousands of hours meeting with them. “We share a deep respect for the land and we deal with the concerns expressed by tribes and other landowners respectfully,” a company spokesman said. The final decision will come from the State Department.

More: The Hill

Judges Appear Skeptical of Challenge to EPA Air Rules

A panel of judges of the D.C. Circuit Court of Appeals heard arguments from a platoon of attorneys arguing that the Environmental Protection Agency’s Clean Power Plan is already costing states money and if upheld could lead to the closing of hundreds of coal plants.

But the questions from the judges, especially Thomas Griffith and Brett Kavanaugh, seemed aimed less at the effect of the Clean Power Plan than on the plaintiff’s strategy to attack the plan in court, even before the rules are finalized.

“Do you know of any case in which we’ve halted a proposed rule-making?” Griffith asked. “Why in the world would we resort to extraordinary writ, which we’ve never used before?

“It’s a proposed rule,” Griffith went on. “We could guess what the final rule will be. But we’re not in the business of guessing. We typically wait to see what the final rule will be.”

Fourteen states and two of the country’s largest coal companies are challenging the rule, which requires states to come up with plans to meet emissions reduction goals. However, EPA has already indicated that they could revise the rules based upon feedback from the states.

“For us to get in the middle of it before it happens seems highly unusual,” Kavanaugh said.

“While we have always said that it is unusual to set aside a proposed rule, we believe that it is legally justified and appropriate in this case,” said West Virginia Attorney General Patrick Morrisey after the hearing. “The EPA has made clear that it plans to finalize this rule and regulate based upon a section of the Clean Air Act where it lacks legal authority to do so.”

A decision could be months away.

More: The New York Times; Wall Street Journal (subscription required)

NRC Begins Special Inspection of Calvert Cliffs Plant After SCRAMS

The Nuclear Regulatory Commission has sent a special team of investigators to Exelon’s Calvert Cliffs nuclear station to determine why both units tripped offline during the April 7 transmission line failure that resulted in regional power failures. On that day, the failure of a transmission line in Southern Maryland caused both units at the 1,700-MW site to trip offline as designed. However, the diesel backup generator at one of the units failed after 11 seconds. It was the second time in five years that a diesel backup generator failed.

A report of the team’s inspection will be provided in 45 days.

More: Southern Maryland News Net

EPA 2013 Greenhouse Gas Report Shows 2% Increase in a Year

U.S. power plants continue to be the largest emitters of greenhouse gas, accounting for 31% of all emissions in 2013, according to the Environmental Protection Agency’s 20th Inventory of U.S. Greenhouse Gas Emissions and Sinks. The report showed a 2% increase in emissions from 2012 to 2013, but a 9% drop since 2005. The agency said the rise was due to increased energy use across all sectors as well as a greater use of coal for generation overall in that period (see “Coal-fired Generation to Keep Rising” below). The agency is providing the full report, along with tools to work with the data.

More: Environmental Protection Agency

Coal-fired Generation to Keep Rising Through 2025, EIA Says

The U.S. Energy Information Administration says electricity produced by existing coal-fired stations will increase from 2012 through 2025, according to its Annual Energy Outlook 2015. Using different economic scenarios, the report predicts energy production and usage. It indicates that while coal’s share of generation will fall from 39% in the U.S. to 34% in 2040, it will remain the largest share of total U.S. generation. The report shows renewable generation exhibiting the largest uptick, ranging from 50 to 121%, depending on the scenario. Construction costs continue to keep nuclear’s share from rising much, according to the predictions.

More: PowerMag

Shale Oil Boom May Be Over, Energy Information Admin Says

The oil output from seven of the country’s most productive shale formations is declining, the first indication that the oil shale boom may be over, according to the U.S. Energy Information Administration. The agency said production from the Bakken Eagle Ford, Haynesville, Marcellus, Niobrar, Permian and Utica formations will show a dip in production in May compared to April figures. April output for all seven regions was to be 5.62 billion barrels per day. Projected May output was tagged at 5.56 billion barrels, according to the Drilling Productivity Report.

The report already has some analysts putting on their doom-and-gloom glasses.

“We’re going off an inevitable cliff” because of the shrinking rig counts, Carl Larry, head of oil and gas for Frost & Sullivan, told Bloomberg News. The number of rigs in production, 802, is the lowest since March 2011. “The question is how fast the decline is going to go. If it’s fast, if it’s steep, there could be a big jump in the market.”

More: RT

House Bill Gives States Right to Regulate Coal Ash

The House Energy and Commerce Committee has approved a bill that would allow states to largely bypass a recent Environmental Protection Agency rule on the storage and disposal of ash from coal-fired power plants. The EPA rule, promulgated last year, stopped short of declaring coal ash a hazardous substance and set rules for storage and disposal, but largely left it up to the states to enforce the rules.

The bill, introduced by Rep. David McKinley (R-W.Va.), would set up a coal ash permit system to be administered by states, Enforcement in states that do not institute a permit system would revert to EPA. McKinley said EPA left open the possibility that coal ash would be designated hazardous and that his bill would provide regulatory certainty for those tasked with overseeing coal ash storage and disposal.

“The science has been determined — coal ash is not a hazardous material,” he said. “But as a result of this administration’s executive actions, we have uncertainty” for more than 300,000 workers employed by industries that use coal for beneficial uses and other recyclers.

More: Associated Press

DOE Spending $5M on Nuclear Student Scholarships

The Department of Energy is paying more than $5 million in scholarships and fellowships to 91 college students studying in nuclear energy fields. Since 2009, the department has given $25 million in scholarships to more than 500 students. The office said the scholarships are part of the Obama administration’s effort to support clean energy innovation. “By helping promote cutting-edge nuclear science and engineering,” Secretary Ernest Moniz said, “the department is helping advance American leadership in the safe, secure and efficient use of nuclear energy here and around the world.”

More: The Hill

Compiled by Ted Caddell