Category Archives: Energy

Energy Efficiency Can Save Lives

Mike Specian May 1, 2020 Leave a Comment 2247 Views

In 2017 during Hurricane Irma, a tree branch hit a transformer and knocked out the main air conditioning system for a nursing home in Hollywood, Florida. There were portable air conditioners onsite, but they proved insufficient as indoor temperatures rose to a sweltering 100°F over the course of a three-day outage. Ultimately, 12 residents tragically lost their lives to the extreme heat.

Sadly, the conditions that precipitated this disaster are all too common, and are poised to become more so. Both the number of heatwaves in American cities and their duration have been increasing for decades due to climate change. In New York City alone, extreme heat claims 120 lives annually, and 80% of those deaths occur in people’s own homes.

To examine this issue, I co-authored a study in the journal Building and Environment with Drs. Kaiyu Sun and Tianzhen Hong, researchers at Lawrence Berkeley National Laboratory. Amidst the variety of options buildings have to improve thermal survivability during heat waves, power outages, and associated events, could energy efficiency play a role in keeping occupants safe? According to our results, the answer is yes.

It is well established that energy efficient buildings can save customers money, reduce greenhouse gas emissions, improve health and well-being, and make occupants more productive. Yet the extent to which efficiency impacts our ability to adapt to, withstand, and rapidly recover from heat-related disasters – i.e., to become more resilient – has been less well studied. And many that do look at the issue largely consider only hypothetical buildings.

However, in the case of the Hollywood nursing home, we had a real-world example of a failed building. Weather data during the outage were available, as was a measured indoor temperature. Dr. Sun gathered the actual building data (e.g., floor plans, building components, renovation history) through publicly available records and recreated the nursing home in EnergyPlus modeling software.

*3D model of the The Rehabilitation Center at Hollywood Hills*

*Detailed floor plans of the first (upper) and second (lower) floors. Patient rooms are colored based on the number of occupant.*

We introduced a variety of energy conservation measures like higher insulation, shielding windows and the roof with aluminum foil, applying a cool roof coating, reducing air infiltration, adding exterior shading, turning off miscellaneous electrical loads (e.g., lighting), and adding natural ventilation.

We discovered that most measures would have reduced the indoor heat index, a metric that accounts for both temperature and humidity, thereby enhancing thermal survivability. In addition, we found the most effective measure – simply opening the windows – would have cost nothing at all. However, some efficiency improvements were less beneficial than others, and one actually would have had a negative impact on resilience. Moreover, if we placed the same nursing home in a heat wave in a different city, the set of most effective measures would have changed.

*Temperature comparison between one of the hottest patient rooms (solid line) and the outdoor environment (dotted line). Vertical lines represent the onset and end of the cooling outage incident.*

Box plot containing the temperatures of all patient rooms over the course of the outage. Heat hazard classification is presented by the National Oceanic and Atmospheric Administration. Occupants in rooms in the “danger” zone would likely experience “heat cramps and heat exhaustion” with “heatstroke probable with continued activity”.

I’ll quote the paper itself:

Our analysis generated three high-level takeaways. First, energy efficiency is not uniformly beneficial for resilience, as different efficiency characteristics convey different resilience impacts. In particular, we found that reduced air infiltration—a staple of modern energy efficiency practices—actually made it more difficult for the nursing home to expel excess heat when indoor air temperature was higher than it was outdoors. And it would have, on its own, increased the heat index beyond the status quo. Second, the effectiveness of specific energy efficiency measures varied as a function of circumstance. By transplanting the Florida nursing home to Chicago and San Francisco during real heatwaves, we found that the value of individual measures varied as a function of multiple parameters, including climate zone, outdoor temperature, length of air conditioning outage, insolation, and local building codes. Third, the most effective efficiency measures were also the least expensive to implement. This encouraging result indicates that low-to no-cost measures could potentially be deployed in buildings in near-real time to enhance passive survivability by allowing residents to shelter-in-place.

The vertical axis represents the percentage of all room-hours with temperatures falling within each hazard classification zone. Our best estimate for what actually happened inside the nursing home is shown in the left column. The most successful individual measure, natural ventilation, reduced the percentage of room-hours in the “danger” zone from 32.3% down to 1.2%. Tightening the buidling envelope (right column) increased it to 36.4%.

I should caution that while many of these efficiency measures reduced the danger for occupants, they did not on their own make the building safe. Some additional form of energy storage was needed for that, but even 8 hours of chilled water cooling capacity would have been sufficient to keep most room-hours within the “safe” zone for the majority of the outage.

I encourage those interested in expanding the value of energy efficiency, and those eager for new pathways to enhance resilience to refer to this study. It not only demonstrates a real connection between energy efficient buildings and thermal survivability, but also that this nexus is nuanced and ripe for further exploration.

Energy

An Interview with FERC Chairman Neil Chatterjee

Mike Specian October 21, 2019 Leave a Comment 3498 Views

FERC Chairman Neil Chatterjee sat down for a public interview at a Resources for the Future event on September 4, 2019 in Washington, D.C. The head of our nation’s top energy regulatory agency discussed a number of topics including his definition of success at FERC, pathways to decarbonization, and the growing sense that FERC has become politicized. I have attached a rough transcription of the conversation preceded by some of the highlights of the interview:

Success at FERC means the creation of a regulatory ecosystem that enables new technologies to flourish and broadens their participation in the market. And we need to do that in a way that maintains market efficiencies, reduces carbon emissions, and passes legal scrutiny.
Market-based solutions enabled by fair and fuel-agnostic regulations are the most effective way to reduce carbon emissions.
I don’t like the idea that FERC has been politicized, and you shouldn’t read too much into 2-1 decisions. I welcome a speedy process to fill the vacant commissioner slots, but I’m confident we can continue to do our job effectively as is.
We are concerned about and looking into grid resilience, cyberattacks, the interdependence of gas with rest of the power sector, the utility of capacity markets, and the balancing of state-level energy and environmental priorities with the integrity of markets.
Congress should be setting national energy policy, not FERC.
I wish FERC would go back to being a boring agency.

Q: How did working with Senator Mitch McConnell influence you?

It informs my work. I can’t quantify how much I learned from him through his work ethic, discipline, leadership, and bipartisanship. When I worked with him, our policies were passing with 80 votes in the Senate. These were consequential energy bills. He bridged the interests of Kentuckians with those in the Senate. We had to make sure the legislation could clear President Obama’s desk.

But today I have a different job. At FERC it’s incumbent that we view issues in a nonpartisan way. It took me a while to make that transition to being an independent regulator. I used to advocate for Kentucky. That’s a land of coal-fired generation. When I first came to FERC one of the issues on our desk was a proposal from the U.S. Department of Energy regarding a Notice of Proposed Rulemaking (NOPR) to compensate coal and nuclear. I wanted to help the coal industry, but I take seriously my new role whereby we need to abide by the record before us and the evidence. It was tough to not be able to help them, but the record did not justify the action they were asking us to take. That experience, while challenging, was a good one for throwing me in the deep end and showing me that I had to transition quickly.

Q: You also opened a docket on grid resilience. Where does that stand? What are the greatest risks the grid faces and what’s FERC’s role?

The NOPR did not support the action. But the notion of grid resilience – identifying the attributes of resilience and the potential threats we face – is important. We have been carefully poring through the record we have today, which is better than when NOPR was proposed. First, we need to determine the definition of resilience. Then we need to identify any short- or long-term threats to the grid. Then figure out what steps to take. It’s taking a long time, but hopefully we’ll be able to proceed soon. We’ll do it thoughtfully.

Q: Can you offer any insight regarding what some of the biggest risk factors are?

The energy transition has been remarkable for consumers and the environment. We need to understand the implications of these changes. There’s increased interdependence of gas and the power sector. If twenty years ago there’s a natural gas pipeline outage, power plants don’t flinch. That’s not the case today. We need to understand these connections. I’m pleased that the RTO/ISOs are doing in-depth fuel security analyses of their own systems. This isn’t putting the thumb on the scale for any fuel.

Q: What about cybersecurity?

We all need to contend with cyber risks more seriously than before. There are big benefits to technology innovation. But that increases this risk. We are vulnerable to cyberattacks. We’ve taken steps. We’ve looked at supply chain risk. Attempted intrusions are reported. But we can do more. Our offices work with our state and federal partners to stay ahead of these evolving threats. We have the responsibility to certificate natural gas pipelines. But security falls to the TSA. We have engaged in aggressive dialogue with them to ensure that they are taking the appropriate steps and focusing on the threat of a physical or cyberattack.

Q: FERC works with states. That can lead to challenges since many states have different energy and environmental policies that intersect with the power markets. We can talk about capacity markets too. What is FERC’s role in ensuring the integrity of markets while simultaneously incorporating state level desires?

It’s challenging. I believe in states’ rights to make their own decisions, but I also want these markets to succeed. When states make public policy regarding their own resource mix that impacts other states with different goals, it creates market challenges. For example, in 2018 ISO-NE proposed a Competitive Auctions with Sponsored Resources (CASPR) project where they looked at ways to balance state public policies with the competitive wholesale electricity market structures in the region. FERC was able to accept what ISO-NE wanted, and that that was great.

Take a look at the energy imbalance market out West. They have diverse energy portfolios. But the states worked together collectively, demonstrated leadership, and are working towards decarbonization goals. There are complex challenges when you deal with diverse states with different governmental dynamics. It’s important that these markets function.

Q: Certain states with capacity markets may remove those markets and take over the resource adequacy at the state level with the public utility commissions. Do you have thoughts or advice?

People have been questioning the utility of capacity markets. Are they delivering what was envisioned and intended? We’re coming to a point where different states are taking actions for different reasons. We are struggling with that.

Q: The New York Independent System Operator (NYISO) considered the notion of a “carbon adder” where you incorporate the externalities of CO₂ emissions into the power price. Do you have a view on how New York or other states might reconcile how clean power works in the marketplace?

I don’t want to prejudge anything that would come before FERC.

Q: You are on the record about being concerned about climate change. What’s FERC’s role?

We’re not an environmental regulator. We’re a market regulator. But I believe market-based solutions are the key to achieving those carbon reductions. Look at all the policies that weren’t passed by Congress – cap-and-trade, carbon tax, the Clean Power Plan. Yet power sector emissions are on the decline because of the market. There’s a business case to be made for renewable energy. It’s competitive on its own without the need for government subsidies, partially because there are no fuel costs.

The role that FERC can play is breaking down barriers and creating a regulatory environment that allows them to flourish. In last year we issued FERC Order 841 regarding how battery storage could be compensated for all the attributes they provide to the system. That might be a seminal moment for mitigating carbon emissions. Batteries can alter our energy landscape and deal with key reliability questions. It’s a perfect example of how a market regulator like FERC can play a role. The same holds for aggregated distributed energy resources (DERs).

We have also seen that the increased deployment of natural gas and renewable energy has replaced more carbon intensive fuels, which has reduced emissions. China and India are still carbon intensive. The United States does its environmental landscape better and cleaner than anyone. I believe that the U.S. being a net exporter for the first time in 60 years has economic benefits and geopolitical implications. If U.S. liquified natural gas (LNG) can displace more carbon intensive energy in other parts of the world, that will be a big deal.

Q: You say pipelines are taking too long to get going. What’s up with that?

We will review the way we evaluate our certification policy statements. I’m hopeful this review will let us take significant steps to address the concerns of land owners. We need better transparency and communication with them. We don’t expect them to track FERC dockets. There are things we can do internally that can help land owners. A recent FERC project was upheld in DC Circuit Court, but they said that we can put landowners in regulatory purgatory. I want to address those considerations.

Q: Do you see a role for Congress there?

I’ve been vocal about this. I believe in Congress’s role in setting energy policy. Almost all energy policy action in recent years has been through an omnibus rider or the tax code. FERC is constrained by the laws that it, yet some pivotal decisions are falling to us regardless. I may temporarily benefit from that, but it’s not good for the country. Congress has the tools to affect the direction the country should go. FERC shouldn’t be setting national energy policy.

Q: Commissioner Cheryl LaFleur is now done with FERC. Having one less commissioner allows you to take action more quickly. But there’s a question about the intentions of the remaining commissioners, and whether that decision making is actually a good thing for the commission. Should decision making be constrained in any way? How should we think about decisions in the future?

We need at least three commissioners to have a quorum. I don’t like this sense of politicization at the agency. When Cheryl came in, no one talked about the politics of the commissioners. When Commissioner Kevin McIntyre became ill, he stopped voting. For the past 11 months every order has been bipartisan since we’re split 2-2. I push back on the idea that it’s been political. I’m confident that we can continue to do our work. People shouldn’t read too much into 2-1 votes. I do think that there are some real differences in our interpretations of the law. Losing Cheryl was tough because she was willing to negotiate and compromise. Without her there, if we fall on 2-1 divides, it will be perceived as political. The ultimate arbiter is the courts about whether our orders are legally durable. My success or failure metric is whether we pass legal scrutiny.

Q: How quickly do you want two more commissioners?

I understand it takes a long time. We have so much important work. We welcome a speedy process. We have so much on our plate. We have a great team with great counsel. I’m confident we can address these questions with who we have now.

Q: What do you think about the way the public views FERC’s work?

I think it matters. At first I didn’t appreciate the significance of electricity writ large. We take it for granted. FERC has always been a significant agency, but it just flew under the radar. In the last decade for various reasons, FERC’s profile has been enhanced. There’s more scrutiny now. I don’t think the work is any more consequential work than it has been, but there’s more attention now. In absence of federal legislation, more falls on us. Energy policy was boring when I came to Congress. As issues around climate change and the energy transition gained more attention, FERC’s visibility has risen too. Because FERC is highly technical, my colleagues and I have tried to communicate with the public about the key matters before us.

Q: You talked about the role of FERC in breaking down market barriers. Are there other types of analyses that we should do that go beyond that? For example, demand response has been enabled by data, IT, etc.

In addition to breaking down barriers, we’ve been making iterative changes. Innovation drives changes in the market. We do a good job at FERC of not just reacting to changes but looking forward. I give a lot of credit to Former FERC Chairman Norman Bay for a lot of this stuff. I believe in markets to the extent that I do because of the innovation they’ve created in areas like transmission, new power sources, and storage. Competition drives innovation and cost discipline.

Q: When you look back at your work at FERC, what does success mean to you?

A regulatory ecosystem that enables new technologies to flourish and broadens participation in our markets. And making sure we’ve done our work in such a way that we maintain market efficiencies while reducing carbon emissions.

AUDIENCE QUESTIONS

Q: If you decide a new technology was mature enough to replace natural gas, can you actually make that happen? Can you require that plants convert to a renewable energy source?

We were created in 1978. We’re governed by two acts. Our first responsibility is the reliability of the electric grid. We are technology and fuel neutral. In your hypothetical, our role would be to ensure the market structures allow the technology to compete and be compensated without artificial barriers, while also ensuring that the reliability of the grid wasn’t impacted.

Q: What role do you see for Public Utility Regulatory Policies Act (PURPA) reform?

PURPA was passed in late 1970s out of concern regarding our natural gas supply. But energy markets have changed tremendously since then. Congress should modernize the Act, but FERC can do stuff too. I think there’s a business case for renewable energy, as do many investors. I think they can stand on their own. It’s good for markets and innovation.

Q: Has FERC started thinking about vehicles-to-grid?

It’s a little outside our purview. But given vehicle electrification we have to look at its impact on demand and electricity reliability. Electric vehicles (EVs) raise fascinating new questions. I met with some petroleum retailers that were paying to retrofit charging stations, but also eating the charging costs. They wanted to know whether they could pass the charging costs onto consumers. It seems like an easy problem, but if they resold electricity it could trigger FERC jurisdiction. The energy transition has so much potential, but there are complex legal and policy questions. This is one example of that. We need more conversations between all these sectors.

Q: What are your views about climate change mitigation, and how do your thoughts intersect with the administration?

I believe in climate change. Market efficiencies are having a positive effect in lowering power sector emissions. I tend to talk about it in terms of the business case for renewable energy. Those arguments are all well-received by my peers.

Q: You serve in a polarizing moment. Can you speak to the value of public service? Is it worth it?

It’s so important. The same holds for stakeholders and advocates. Everyone needs to be part of the conversation. I can say that all the staff at FERC are genuine public servants. They might come in with a worldview, but not with an agenda. They want to do good. I’m the Chairman by circumstance following the death of Kevin McIntyre. I want to follow his model of being a public servant who wanted to do right by the public.

Q: If you could ask Congress for clarifications or to enhance your jurisdiction, what would ask?

I’d ask them for solutions that would make energy policy boring again. Leave it to the engineers and lawyers. That will get things done.

Buildings Climate Energy

What To Prioritize – Retrofits or New Construction?

Mike Specian July 3, 2019 Leave a Comment 3281 Views

Buildings in the United States consume about 40% of all energy and 75% of all electricity. Attempts to decarbonize our economy necessarily run through buildings. However, we have limited resources and what to prioritize is not always obvious. We could try to retrofit existing, inefficient homes. Or we could focus on new construction that is built efficient from the ground up. To explore this issue further, I recently moderated a debate on the following resolution:

When the two come into conflict, the federal government ought to prioritize resources for retrofit programs over new construction programs.

While debaters on both sides of the resolution agreed on the importance of improving the energy efficiency of both existing and new buildings, the competition of ideas led to a lively discussion about our nation’s research priorities and relationship with industry. The question is, undoubtedly, a complicated and multifaceted one. Therefore, we invited a representative from each side to share abridged versions of their arguments. Rhett will advocate for retrofits, and Newton for new construction.

If we could only choose one, should we focus on retrofit programs or new construction programs?

Rhett:

The answer is retrofits. There are 118 million existing homes in the U.S., plus another 5-6 million commercial buildings. Over half those buildings are at least 40 years old, and they are generally very inefficient. You can save 20-30% of energy usage through simple interventions, and well beyond 50% if you improve the envelope. They represent a significantly larger opportunity for energy savings.

Newton:

I hate to disagree, but the answer is new construction. We acknowledge that there are many, many more existing buildings than new buildings. However, there are about 1 million new homes built each year. And 33% of all existing homes in 2060 have yet to be built. If we do everything we can to make new construction more efficient, we will have addressed 33% of the entire market right there.

But we’re talking 124 million existing buildings compared to only 1 million new buildings per year. The opportunity presented by retrofit programs seems pretty overwhelming, no?

Newton:	It’s not just about the number of buildings. We have to consider which type of buildings we can most effectively impact. Getting energy efficiency into new construction is far easier than existing homes.
Rhett:	I agree that getting into existing homes is more difficult, but that doesn’t diminish the opportunity. Much more funding is still put into remodeling and simple energy equipment replacements each year, and we can build on that.
Newton:	But the real question is where will those solutions come from? Where will they be developed, honed, and readied for the existing home market? That is much more challenging, and I would submit that all the innovations that spill into the retrofit market are coming from progress in new construction.

Why do you think the majority of innovations are being developed in new construction?

Newton:	There are two reasons. The first is customer demand. New efficient buildings have energy bills that are a fraction of those in existing. They are also 2-3 times more comfortable and provide greater health benefits. Once people experience that contrast, it drives demand. The second is economies of scale. It’s easier to get innovations into new construction, so this is what drives the market for energy efficient technologies. Afterwards they work their way downstream into the retrofit market.
Rhett:	Except we generally still see insufficient innovation in new construction. The sector has so many actors like architects, builders, manufacturers and others, and they are just not well-integrated. Where there is room for improvement – and where we are further ahead right now in other industries – is automation and prefabrication. This can be done either on-site or off-site. These innovations haven’t taken off in new construction, and we shouldn’t have to wait until they do.
Newton:	I couldn’t agree more about the benefits of automation, but let’s look at a great example of where it works. In Sweden 85% of new homes are constructed off-site. This market helped improve the plans, machinery, digitized technology, and automation expertise that makes their new construction so effective. This automation infrastructure then transferred to retrofits through a program called Energiesprong, which is now a world influencer in the mass improvement of existing homes. But it wouldn’t be where it is if not for new construction.

How do health and equity fit in?

Rhett:	It’s incumbent on the government to make sure these retrofit opportunities are available to everyone and easy to install at a reasonable cost. A greater percentage of the older, draftier homes have higher energy bills and, unfortunately, are occupied by individuals with lower incomes who don’t always have the ability to pay for improvements. Or they might be in a tenant-based situation where the owner is just not paying for them.
Newton:	I fully agree on that. I’m just making a point that the solutions to achieve better health and equity will exist because the new home market enables the scale and the technology development. Then, the improvements you need are there faster than if you started with existing homes.
Rhett:	But there’s an immediacy to this issue. If you only focus on new construction, you’re going to have either really high energy bills or you’re going to have people who are really suffering because they can’t afford to turn on their heat or their air conditioning. It’s on the government to come up with ideas and options that are there for everyone and not just for those who can afford a new home.
Newton:	I don’t disagree with any of that. It’s only when they come into conflict and you have to make choices that you should opt for the infrastructure, the skills, and the installation expertise that you’ll get in the new home industry and then you can translate it over to existing buildings.

Where can the federal government have the greater impact?

Newton:

To echo a point Rhett made earlier, we have about 100,000 contractors in the U.S. who work on new and existing buildings. That level of fragmentation makes it impossible to innovate and develop new solutions for industry. We have found that publicly-owned builders only invest less than 0.1% in innovation R&D, as compared to 4% for non-agricultural corporations. The only way we get innovation is through high-performance product manufacturers. The Department of Energy’s Building America program fills a huge gap in developing innovations, validating them in the field, and building consumer interest. Given the absence of investment in a fragmented industry, what we do in our nation’s new construction programs is vitally important.

Rhett:

As Newton alluded to, industry does to some degree put money into product manufacturing because they want to continue to sell upscale versions of their technologies. But very few, if any, are putting money into tackling existing buildings in a wholesale manner. Right now cities are dealing with energy, environmental, and equity challenges. They realize they need to address problems in buildings that people are currently living and working in. The federal government is in a unique position to aggregate the interest in this area. It can push academia, the national labs, and industry to focus their ingenuity into retrofits. Together they can help retrofits be quick, attractive, easy to deploy, and affordable. That’s just not something that will happen on its own.

Buildings Climate Energy

Buildings – A New Hope to Solve Climate Change

Mike Specian November 24, 2018 Leave a Comment 2639 Views

Addressing climate change requires two approaches – mitigation of emissions, and adaptation to its impacts. In this PechaKucha presentation presented as part of the American Association for the Advancement of Science’s Visualizing Science Policy 20×20 event, I lay out the case for how buildings are a critical – if sometimes forgotten – part of the solution. I invite you to watch this talk on YouTube, or read the transcript below.

********

Last September during Hurricane Irma, a tree branch hit a transformer and knocked out power to the air conditioning system of a nursing home in Hollywood, Florida. There were portable air conditioners on site, but they were insufficient, and temperatures rose to a sweltering 110 degrees Fahrenheit. By time emergency responders realized the scope of the problem, 12 residents had tragically lost their lives.

It was situations like these that compelled me a few years ago to set aside my career as an astrophysicist and devote my attention towards the phenomenon that’s making extreme events like Hurricane Irma more intense – and that’s climate change.

Through this AAAS Fellowship I’ve had the privilege of working with the Department of Energy’s Building Technologies Office. And when I told people I’d be going to BTO they’d say…”Why? I thought you were concerned about climate change.” And I’d have to tell them that in United States buildings consume about 40% of all energy and 75% of all electricity. So if BTO could achieve its mission of making building technologies more energy efficient, not only could we create jobs and save tens of billions a dollars a year for Americans, we could also cut out a significant chunk of our greenhouse gas emissions, and begin to mitigate this massive problem.

So I’m going to put my salesman’s hat on for a second and sell you on two energy efficiency success stories. Number 1! This [pointing towards slide] is what refrigerators used to look like – bulky, ugly, expensive energy hogs. But through advances in technology refrigerators have more available space, yet only consume 1/4 the energy, cost 1/3 the price, and allow you to watch cable news right on the refrigerator door!

Number 2! Clothes dryers, which consume about 1% of energy in the U.S., largely by heating and evaporating water. But right now researchers at Oak Ridge National Laboratory are working on ultrasonic drying technology in which a rapidly vibrating membrane atomizes the water, which can then be siphoned off as a cool mist. If we can bring this to scale you will be able to dry your clothes in half the time with 1/5 the energy. And I’ve already got the slogan: The Ultrasonic Clothes Dryer – Taking your sock drawer, to Mach 4.

But mitigating emissions goes beyond just using less energy. It’s about using the right kind of energy. Every so often I’ll run into a young idealist who will say, “We need to go 100% renewable energy! More wind! More solar!” Our electric grid must balance generation and demand in real time. And while admire the idealism, how do we meet demand when the sun stops shining and the wind stops blowing?

There is a new device that’s made its way into about half of all buildings, and that number is rising. That device is the smart electricity meter. And what’s unique about it is that it enables utilities to send signals to buildings.

I want you to imagine the hottest day of the year. People are getting off work, driving home, and what’s one of the first things they do when they walk in the door? They turn on their air conditioners at the same time. These tend to be the highest demand hours of the year, and the grid has to be overbuilt to accommodate them. It would be like building a 100-lane highway just to accommodate Thanksgiving Day traffic. It’s great for a few hours per year, but then we have to pay to build and maintain all that infrastructure that most of the time is being underutilized. And the more lanes of the highway we drive on, the higher the toll – or in this case the price of electricity – gets for everybody.

Now smart meters allow utilities to send signals to buildings that are like, “Hey, we’re about to have a really expensive event on our hands. If you are willing, we will pay you to reduce your demand.” And literally with the instantaneous flip of a switch, buildings help the grid balance, including instances when variable renewable energy like solar and wind suddenly become unavailable. This is known as demand response.

Another way to help the grid balance is by storing excess solar and wind energy, then dispatching it later as needed. Yet going 100% renewable requires a ginormous amount of storage. We can get some of it from grid-scale pumped hydroelectric energy, and some of it from electrochemical batteries.

But there’s another way to store energy – in a building’s thermal mass. So imagine that you take a liquid material and embed it in the bricks that make up the wall of your building. It’s a hot, sunny day, so using available solar energy, the grid instructs your building to turn on its air conditioning at 2pm. The liquid material freezes, and AC shuts off at 5pm. The building then acts like a giant cooler, keeping the occupant comfortable without having to consume electricity at the worst part of the day.

And while all of this is fantastic, even if we could go zero carbon tomorrow, so much inertia has been built up in Earth’s system that global climate conditions would continue to deteriorate for decades to come. That means more extreme weather events, and more prolonged power outages.

Now it would be great if everyone could evacuate to safe locations, but for a variety of reasons that remains impractical or impossible for far too many people. That means we need ways to help people shelter-in-place safely. And if you need buildings to maintain safe thermal conditions longer and with less energy, two of the most valuable assets are high-quality walls and windows. Combine that with network connectivity and smarter controls, buildings will eventually be able to prepare themselves thermally and electrically when adverse conditions can be predicted ahead of time. And unlike centralized power plants or even solar panels, energy efficiency and demand response can be deployed absolutely anywhere.

Now look, I fully acknowledge that there are other resiliency strategies out there. Utilities must continue to harden our electrical distribution system, and communities should have up-to-date climate and disaster preparedness plans. But as long as climate change remains a wicked problem, everyone one of us, in our own capacities, is going to have to do what we can. Then maybe, collectively, we’ll get to the point where tragedies like the one in that Hollywood, Florida nursing home never have to happen again.

Climate Energy Politics

Jerry Brown Spits Hot Fire at Meeting of the American Geophysical Union

Mike Specian January 5, 2017 Leave a Comment 4037 Views

California governor Jerry Brown was a guest speaker at the American Geophysical Union’s Fall Meeting in San Francisco on December 14, 2016. A strong supporter and defender of science, Jerry Brown gave an impassioned speech regarding how California was going to stand up to the threats against science posed by the Trump administration. The governor’s spirit should serve as inspiration to scientists everywhere.

Here are some notable quotes from the address:

Often when you’re moving along at a tepid pace, you’re not going to get there. When someone [read: Trump] comes along and says, ‘Let’s blow it all up!” sometimes it wakes us up. Some people need a heart attack to stop smoking. Well maybe we just got a heart attack!

In California we have the scientists; we have the lawyers, and we’re ready to defend.

If Trump turns off the satellites, California will launch its own damn satellites. We’re going to collect that data!

If they start deleting [climate] databases, we’ve got a lot of databases in California; we can take a few more.

Our new Secretary of Energy would come to California and say, ‘Come to Texas because we have all the jobs in Texas.’ Well Rick, I’ve got some news for you. California’s growing a hell of a lot faster than Texas. And we’ve got more sun than you have oil! And we’re going to use it!

Astrophysics Climate Energy Politics

What a Trump Presidency Means for Science

Mike Specian November 15, 2016 Leave a Comment 5025 Views

Donald Trump’s election has worried many Americans for a variety of reasons. One of those reasons – and one that was largely ignored during the campaign – is its impact on science. Given Trump’s lack of firm policy proposals and occasionally contradictory statements, there is much uncertainty in this regard. For that reason, I want to delve into what we can expect from the new Republican establishment in three key areas – science funding, climate change, and the role of science in government.

In all likelihood, the amount that the U.S. spends funding scientific research will be tightly linked to our total discretionary spending (i.e. non-military, non-entitlement). Trump has promised to dramatically increase military spending, keep entitlements fixed, and lower taxes without increasing the deficit. Discretionary spending would have to be cut under that scenario. While a budget for the current fiscal year (FY 2016-17) was supposed to be passed by October 1, Congress didn’t get it done in time. When this happens, they will pass a continuing resolution (CR) that continues funding the current year at the previous year’s levels.

That puts us in a position where one of two things is likely to happen. Either the current Congress can attempt to complete its own budget by the end of the year or, if it better serves their priorities, the Republicans can decide to pass another CR and wait to start fresh in 2017.

A continuing resolution may or may not be good news for scientists. The current proposed budget contains funding increases for some scientific agencies that could be lost if it goes unpassed. On the other hand, waiting until next year introduces the risk of significant spending cuts. Some of that money would probably be returned to the states, and could be redistributed to scientists through different channels, though that is far from guaranteed. Either way, scientific grants typically last for three to five years, so expect any funding changes to take years to work their way through the system.

It is important to distinguish between science that is nonideological, like health research, and that which has become ideological, like climate change. On the latter issue, Donald Trump has famously called climate change a “hoax” invented by the Chinese to reduce American competitiveness, a statement that ignores the substantial progress China is making in reducing its own emissions.

Trump has also expressed a desire increase usage of fossil fuels (including “clean coal”) and pull the U.S. out of the Paris Climate Agreement. While we are bound to this international treaty for at least the next four years, the President could opt to ignore its non-binding emissions targets. Failing to meet our commitments would diminish America’s moral authority and could disincentivize other nations, like India, from meeting their own targets.

America’s emissions pledges were based on a number of Obama-driven policies, like the Clean Power Plan (CPP), which directed the Environmental Protection Agency (EPA) to set limits on greenhouse gas emissions from power plants. The CPP will almost certainly be killed (expect legal challenges), but removing the federal requirement will not impede states from proceeding on their own, which many are. Furthermore, a Trump administration will be largely powerless to undo the economic forces that are leading to coal’s decline, chiefly the low price of natural gas.

Trump has expressed a desire to eliminate the EPA, but the agency will be difficult to do away with altogether, as this requires congressional approval and will be met by extremely strong political resistance. Heading the agency with noted climate denier Myron Ebell, as has been rumored, will not help matters, though. Ebell has called for the Senate to prohibit funding for the Paris agreement and the U.N.F.C.C.

However, the federal government is obligated under the 1970 Clean Air Act to regulate the emissions of carbon dioxide into the atmosphere. The Republicans may choose to defund the agency’s regulation efforts, an action that will almost certainly meet legal resistance from environmental groups and large swaths of the general public. While the Republicans will not be able to ignore the scientific evidence and mounting public pressure forever, any delay in implementation would be especially damaging given how far behind the curve we already are in our mitigation efforts.

Given Trump’s strong pro-fossil fuel statements, it’s possible that the Keystone XL pipeline will be approved by the U.S. State Department. Financial support for federally funded renewable energy technologies are at risk. The Alliance of Automobile Manufacturers has already requested of Trump’s transition team a rollback of the 54.5 miles per gallon fuel efficiency standards for cars and light-duty trucks by 2025.

A more general question is what role science will take within a Trump administration. President Obama nominated his chief science advisor John Holdren on inaugration day, signaling the position’s importance to his administration. Trump’s transition has been far less organized, and he has given little indication who his science advisor will be or what role they will serve. Even a qualified appointee could be effectively neutered if the Office of Science and Technology Policy (the office they would head) was disempowered, or if they were unable to permeate Trump’s inner circle. This position requires Senate confirmation, so it could potentially go unfilled for some time.

This would clearly be a mistake, as the next administration must be ready for future disasters like Deepwater Horizon or viral outbreaks that require being scientifically literate. It is unclear whether President Trump would prioritize the best scientific evidence over political considerations. The new administration will also have to consider whether the U.S. is to remain an active participant in international scientific enterprises like the International Thermonuclear Experimental Reactor (ITER) and whether there will be free movement of researchers. Trump’s tax proposals will answer whether he intends to incentivize private investment in basic research.

Executive agencies like the EPA and the National Oceanic and Atmospheric Administration (NOAA) are populated by career civil servants, many of whom are institutionally difficult to fire in order to protect them against political transitions. However, Trump has suggested downsizing the federal workforce by instituting a hiring freeze, reducing their job security, and reducing agency funding.

Even though Trump has expressed an interest in cutting the Department of Education, STEM education should largely be safe, especially since only about 10% of education funding comes from the federal government. Even Republicans realize that a highly educated workforce is a prerequisite for our international competitiveness.

Historically, science has been one of the few bipartisan issues. I suspect this will largely continue at the budgetary level, though the priorities may shift. I have reason to worry about federal climate mitigation efforts, but wonder whether Trump’s lack of a fully competent transition team might lead some lesser-known scientific programs to experience a kind of benign neglect. Either way, we must remain vigilant to ensure science is being represented as it should be.

Climate Energy Research

Supercharge Your Internet Research with These Essential Tips

Mike Specian November 9, 2015 Leave a Comment 5004 Views

Several years ago I found myself in a room with people on the forefront of the climate movement. Among their ranks were journalists, advocates, and members of nonprofit organizations. These science communicators had gathered to address an issue each of them had been grappling with – how do I find all of the information that I need and communicate it with the people that need to hear it?

The questions seemed so fundamental that I had assumed everyone in attendance already knew the answers. I didn’t, of course, because I was the outsider. As an astrophysicist, research for me is relatively straightforward. There are a limited set of journals that cover our field and a convenient web interface, NASA’s Astrophysics Data System (ADS), to search across their articles.¹Friends in other fields have sung the praises of similar programs like EndNote and Mendeley. The program not only links users to all references in an article’s bibliography, but also reports which papers ended up citing that article. Smart engines could even recommend other papers to read based on your selections.

I have found tracking down information online in the realm of climate/energy policy to be more difficult. There are many more organizations doing independent research or running their own initiatives. Think tanks, NGOs, and government agencies are more likely to publish and promote on their own websites than through peer-reviewed journals. The impacts of climate change are so vast that they cut across traditional academic disciplines. They influence weather, oceans, atmospheres, ecosystems, human health, urban development, energy systems, breakthrough technologies, and many more.

When information is so widely dispersed, and we lack smart engines to find them automatically for us, what should our information collection strategy be? I don’t profess to have the “right answer” to this problem, should one even exist. But I’ve spent enough time gathering suggestions from others and trying them out for myself that I felt compelled to report some of the strategies and sources that have worked for me.

Before I begin, I want to comment that you can’t put everything together overnight. I’ve found that so much of the process is just keeping your ear to the ground. When an article I’m reading references an organization with which I’m unfamiliar, I jot it down. I visit their website, make a note about their mission and, if they have them, subscribe to their newsletter and Twitter feeds. I use Twitter lists to tag the feeds and keep them organized.

A great first source for content is Google, which offers among the best suite of tools for aggregating real-time news. Through Google News, you can personalize your news feed to return only the topics and regions you are interested in. The service allows you to specify whether you want content rarely, occasionally, sometimes, often, or always. Google Alerts goes a step further and contacts you when new information becomes available. Many news outlets offer the same capability.

If you are having difficulty deciding what’s important in the moment, the very cool newsmap may be the tool for you. Powered by Google’s search engine, newsmap visualizes the news by separating it into color-coded categories like World, National, Business, Technology, Sports, Entertainment, and Health. The color saturation reflects how old the story is, while the size shows how much it is being reported online. As with Google, you can filter by country and newsource. It’s a handy way to ascertain what’s hot right now.

Over time, or perhaps through a mentor, you may discover that your field has its own news/reference engines. Lawyers gather their research through the library database LexisNexis. Climate and energy folks have the Global Reference on the Environment, Energy, and Natural Resources (GREENR). Environment & Energy Publishing reports all the top developments. The news and analysis website Responding to Climate Change (RTCC) provides the latest news regarding low carbon developments.

Another great way to be exposed to new content is through Flipboard²and Zite, which it recently acquired. After signing up, Flipboard presents you with an absurd number of topics to choose from. They range from the conventional (e.g. religion, technology, art) to the more specific (e.g. industrial design, startups, social justice). You select the topics that interest you and Flipboard scours the web to produce a curated magazine readable on most devices. You can also stumble upon new content using, well, StumbleUpon. It has the same idea, but rather than curating material, it randomly deposits you at relevant webpages until you press a button to “stumble” to the next one. I have found a lot of really excellent content through this service.

Because the combined readership of an article or report is likely to possess more cumulative knowledge than the authors themselves, one should never discount the value of user comments. Sites like the New York Times and Ars Technica have great comment engines where user contributions can be elevated to “reader’s picks” or “editor’s picks”. It’s a great way to sample the wisdom of the masses and be exposed to a much broader perspective.

It literally took me years to assemble the repository of references I now possess. In the world of climate and energy policy, I found that information typically arrives in one of three forms – organizational reports, raw or lightly processed data, and independent projects.

Organizational reports are usually published by issue-focused research groups. For climate and energy, there are way more than I could name here. These include the National Academy of Sciences, the United States Global Change Research Program, the Union of Concerned Scientists, the Information Technology and Innovation Foundation, Brookings, Energy Innovation, and many more.

Two of my personal favorites are the George Mason University Center for Climate Change Communication (4C) and the Yale Project on Climate Change Communication. These academic centers were created to conduct unbiased social science research on how people engage with climate change. They discovered that people are more concerned about “global warming” than “climate change.” They reported what weathercasters think about climate change and its impact on weather, and questioned whether the level of sciencific consensus on climate change ought to be communicated numerically or non-numerically.

The second form information arrives in is raw or processed datasets. Government agencies like NASA and the National Oceanic and Atmospheric Administration (NOAA) are great resources here, as they have tons of images, datasets, and visualization tools that let you tell your own story from primary sources. The U.S. Energy Information Administration (EIA) and International Energy Agency (IEA) also offer tons of data to play around with.

Some groups are content to curate data in very specific ways. The Database of State Incentives for Renewables and Efficiency (DSIRE) categorizes state policies that promote renewable energy as either financial incentives or rules and regulations. Frack Track provides a self-described “geospatial policy tool” that analyzes and visualizes Pennsylvania’s new wave of gas development on the Marcellus shale. Wells, permitted sites, and locations of violations are provided on a map.

The third form is independent projects, a term that I’m admittedly using as something of a catchall. These include initiatives that aim to tell the story of climate change in unique ways. For example, for their project Atlantic Rising three friends started a journey to travel the 1-meter above sea level contour line to see what life would be like in a flooded world. They interacted with thousands of people in 22 countries gathering photos, film, and writings as they documented the changing lives of those along the rim.

Photographer John Weller believes the best way to protect the environment is by reminding people of nature’s visceral beauty. He spent a decade traveling to the rough waters of the Ross Sea, probably the last, undamaged ocean ecosystem left on earth. His stunning photographs of the region’s living creatures, both above and below the water, have been cataloged in the book The Last Ocean.

Finally, it is sometimes most useful to just speak to people personally. While conferences can be a great place to do this, these environments can be intimidating for newcomers to a field. There are some tricks you can employ to make this process go more smoothly, but I will reserve them for a future post.

Of course, simply having information is not enough. You must synthesize and deliver it to your audience in an effective way. This raises a whole new set of challenges that I will get into in my next post.

Featured image: “tech worker” by Wrote, used under CC BY-NC 2.0 / bottom of image has been cropped from original

Notes[+]

Notes
↑1	Friends in other fields have sung the praises of similar programs like EndNote and Mendeley.
↑2	and Zite, which it recently acquired

Climate Energy Politics

FOIA – We Are Making Progress

Mike Specian March 10, 2014 Leave a Comment 4892 Views

This is final part of a 5 part series on the government’s silence of silence and the Freedom of Information Act (FOIA). Parts 1 through 4 can and should be read first:

Part 1: The Kingston Disaster
Part 2: The Government’s Silence of Science
Part 3: Freedom of Information Act to the Rescue?
Part 4: The Obama Failure

In brief, these articles describe how scientific research gathered by the United States government is often withheld from the general public, a type of action that can quite literally put lives at risk. The Freedom of Information Act (FOIA) was passed to allow public access to these records, but both the George W. Bush and Obama administrations have so far failed to live up to the promise of the act.

But while there have been substantial challenges with gaining access to important public information, it’s not all doom and gloom. The fact that we actually have a Freedom of Information Act with an appeals process and judicial review is significant. The Act continues to have strong support in the NGO community. A FOIAonline portal has been built with the goal of eventually becoming a one-stop shop for public information. The Obama administration has taken a strong positive step at Data.gov to “increase public access to high value, machine readable datasets generated by the Executive Branch of the Federal Government.” This initiative has already saved on infrastructure costs.

And we have had disclosure successes. In 2008 the United States improved the Consumer Product Safety Act and created a searchable database for consumer information. The National Oceanic and Atmospheric Administration’s (NOAA) National Climatic Data Center and EPA have done an admirable job of reporting on historical climate variables like temperature, precipitation and drought. The US Embassy in Beijing has made electronic reports of air quality public when the Chinese government refused to do so. The federal ENERGY STAR program labels the energy footprint of appliances to aid consumers in making more energy efficient purchases.

Inside federal agencies, it would appear that some progress is being made. In 2013 UCS released a report entitled Grading Government Transparency in which they examined the ability of scientists at federal agencies to speak freely about their work. They found that many agencies’ media policies “have shown significant improvement since 2008.” In particular they note that scientists can now more easily apply their right to express personal views provided they make clear that they are not speaking for their agency.

This right was made considerably easier to exercise when on November 13, 2012, after an arduous 14 year journey, Congress unanimously passed the Whistleblower Protection Enhancement Act. This act, for the first time, provides specific legal protection to scientists and other federal employees who expose censorship or suppression of federal research. According to Celia Wexler of the Union for Concerned Scientists (UCS), “We hope that this law will begin a process to change the culture of federal agencies when it comes to whistleblowers. People who protect the public from unsafe drugs, tainted food, defective products, and environmental hazards should not fear for their jobs when they speak up for safety and scientific integrity.”

Since then, other steps have been taken to make it easier for the public to obtain government information. On May 9, 2013 President Obama issued an executive order making open and machine readable data the new default for government information. Citing examples like weather data and the Global Positioning System (GPS), the president argued that making federal data freely available “can help fuel entrepreneurship, innovation, and scientific discovery – all of which improve Americans’ lives.”

Then, on February 25, 2014 the US House of Representatives unanimously passed the FOIA Oversight and Implementation Act. This amendment to the Freedom of Information Act would create a single, free website from which all FOIA requests could be made. When requests are granted, federal agencies would have to release the information in an electronic and publicly accessible format. When requests are denied, the appeals process would be streamlined. The amendment also forces federal agencies to take greater responsibility for their FOIA obligations.

As we see, the system can work. But there will always be disagreements between the public and federal agencies regarding which information should be disclosed through FOIA and which should be withheld for security reasons. When public actors feel their claims have been rejected unjustly, they can always consider seeking subpoenas.

Absent that, there are other options at their disposal to extract greater value out of the information that is public. Private technology companies can offer tools for the sharing and analysis of data. Librarians can play a more prominent role in gathering and organizing documents.

When the information being disseminated is incorrect, knowledgeable scientists should take action. They can start issue blogs and connect with members of the media. Local groups like city councils rarely hear from scientists, so researchers can have an outsized impact in regional issues. As members of one of the most respected professions, scientists would do well to build relationships with congressional representatives or their science staffers. Failure to act means allowing dissembling voices fill the vacuum.

With respect to government disclosure, as with most things, the situation is neither entirely good nor bad. But it is hard to deny that at times we Americans live in a perverse, ironic ecosystem – one in which taxpayers fund government research designed to inform and protect, only to have that same government deny us the results and claim it’s for our protection. We must continue to hold our government accountable, push for transparency where appropriate and never yield to private interests who would use our ignorance against us.

Energy Politics

The Obama Failure

Mike Specian March 5, 2014 Leave a Comment 5273 Views

This is Part 4 of a 5 part series on the government’s silence of silence and the Freedom of Information Act (FOIA). Parts 1, 2 and 3 can and should be read first:

Part 1: The Kingston Disaster
Part 2: The Government’s Silence of Science
Part 3: Freedom of Information Act to the Rescue?

In brief, these articles describe how scientific research gathered by the United States government is often withheld from the general public, a type of action that can quite literally put lives at risk. The Freedom of Information Act (FOIA) was passed to allow public access to these records, but we discovered that for a number of reasons, the George W. Bush administration was overly eager to deny such requests.

Many of those critical of the Bush administration’s handling of FOIA requests hoped that the situation would improve under the Obama administration. In fact, one of the new President’s first actions in office was to issue the following instruction, essentially reversing the Ashcroft Memo:

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government.

This memo was part of Obama’s Open Government Initiative, “committed to creating an unprecedented level of openness in Government.” Yet surprisingly, government transparency barely improved from the Bush administration and, according to some journalists, got worse. A full 30% gave him a grade of poor to very poor. Recently, OpenTheGovernment.org released an assessment saying that many sophisticated users of FOIA remain tremendously disappointed with the law’s implementation.

There are between 600,000 and 650,000 FOIA requests per year. While less busy agencies can respond within a few weeks, larger agencies like the Department of Defense are flooded with more requests than they have the resources to meet. In these cases, FOIA compliance has effectively become an unfunded mandate. The situation is worsened by the fact that many agency employees are overworked, undertrained, and generally unclear of their obligations under FOIA.

A Bloomberg News investigation last year set out to test the quality of current FOIA compliance. A team of reporters submitted the same FOIA request, for the travel expenses of top agency officials, to 57 agencies. 19 of 20 cabinet-level agencies did not comply within the mandated 20 day window. Even “well past that legal deadline,” about half of the agencies had still not fulfilled the request.

In some cases information is available, but in a form that mitigates its usefulness. Despite Obama’s promise of an online data repository, many information requests still need to be made in person. A significant number of records remain incomplete or redacted. Often data is not in a convenient format like PDFs or tables. Nonuniformity abounds. At the SEC there are different record systems in every department.

There is no uniform method to submit a FOIA request. Some agencies accept submissions by e-mail and others by fax. Some ask the user to complete a web form. Requests to the IRS must actually be sent by post.

Despite President Obama’s vow to “restore science to its rightful place,” scientists who wish to reach out to the public about their research findings were routinely prohibited by public affairs, removing the power of interpretation from data that rarely speaks for itself. They are often denied the right to review, prior to publication, the final versions of reports to which their names are attached or to which their research contributed. Even their ability to obtain access to drafts and revisions of such reports is limited.

The need for scientists to comment on their research is exemplified in the case of the Safe Water Drinking Act. Even though this act requires water utilities to “directly” issue customers water quality reports, the reports are often so technical as to be practically useless. (A water utility proposal to only issue the reports online would further disenfranchise those without Internet access.)

Even if adequate information is ultimately disclosed, delays can mitigate its usefulness. An environmental assessment of TransCanada’s controversial Keystone XL pipeline was criticized by many as giving insufficient consideration to its effects on the climate. The report’s integrity was further compromised when it was discovered that the authors had not only been previously employed by TransCanada, but had published a similarly positive assessment of a Peruvian liquified natural gas pipeline which has since racked up an abysmal environmental and social track record.

These and other concerns were meant to be addressed during a 45-day public comment period, but the State Department (which commissioned the report and has final say on the pipeline’s approval) declined to release those comments, a practice that is routine at other agencies. A FOIA request was submitted, but when an approval decision is expected in the “near term,” any delay in meeting the request can limit the public’s ability to meaningfully influence the outcome.

In fifth and final part of this series I describe how it’s not all doom and gloom! I will outline some of FOIA’s successes as well as highlight improvements that offer hope for the future.

Energy Politics

Freedom of Information Act to the Rescue?

Mike Specian March 3, 2014 Leave a Comment 8901 Views

This is Part 3 of a 5-part series on the government’s silence of silence and the Freedom of Information Act (FOIA). Parts 1 and 2 should be read first and can be found here:

Part 1: The Kingston Disaster
Part 2: The Government’s Silence of Science

In brief, these articles describe the circumstances surrounding the rupturing of a coal fly ash containment pond in Roane County, Tennessee. Government sponsored research that reported the health and environmental risks of such ponds was buried, redacted or otherwise hidden from public view.

Problems such as these were meant to be addressed by the Freedom of Information Act (FOIA). Enacted in 1966, FOIA grants the public the legal right (also referred to as sunshine laws) to request information from the federal government. It “provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure.”

The spirit of FOIA embodies the essence of our American democracy. We hold that a representative government by the people can, through its collective capacity, understand and prescribe solutions to threats against us. We hold that a representative government for the people will utilize such knowledge for the security of its citizenry. We hold that a representative government of the people will be served by the sacred trust we bestow upon our elected leaders.

Instead, we find that our government often defaults to the interests of a select few, frequently under the guise of security. The precedent was codified in the 2001 Ashcroft Memo in which the then-Attorney General reassured agencies that their deliberations would remain confidential so long as they were “safeguarding our national security, enhancing the effectiveness of our law enforcement agencies, protecting sensitive business information and, not least, preserving personal privacy.”

Attorney General Ashcroft concluded to the agencies, “When you carefully consider FOIA requests and decide to withhold records, in whole or in part, you can be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis.”

Of course, there are many sensitive issues for which government secrecy is in the national interest. But the Ashcroft Memo established a sweeping protection for agencies to deny data from the general public as long as they could make some argument about how disclosure would jeopardize law enforcement effectiveness, security, business or privacy. Given that nearly every issue of import touches at least one of these four categories, FOIA requirements could essentially be ignored at the government’s discretion.

The Bush administration took full advantage of this latitude. When a 2004 EPA study recommended that hydrofracking fluids, which are injected into the ground during the shale gas extraction process, be regulated under the 1974 Safe Drinking Water Act, then-Vice President Cheney intervened. Using the business provision of the Ashcroft memo, Cheney had the study redacted by claiming it revealed “trade secrets.”

This secrecy has consequences. When leaks and spills contaminate local streams and water supplies, scientists are limited in assessing the impacts. Without knowledge of leaks’ chemical compositions regulation is difficult to justify and contamination is hard, if not impossible, to detect. All of this serves to reduce the gas industry’s accountability for harms it might cause. This attendant ambiguity made it easier to pass a provision in the 2005 Energy Policy Act that explicitly exempted fracking fluids from the Safe Water Drinking Act.

It is easy to imagine other circumstances in which the “trade secrets” clause could prove dangerous. If a train, truck or barge carrying hazardous, but classified, materials were to crash, the secrecy exemption could put first responders in grave risk.

Sometimes, the government decides that even admitting records exist will damage national security or lead to stigmatization. This justifies the so-called “Glomar response” which allows agencies “to neither confirm nor deny” (read: ignore) FOIA requests. The Department of Justice, the agency responsible for FOIA enforcement, has broadly supported this right on numerous occasions.

While about 70 countries have their own forms of FOIA, many are plagued by similar issues. Ireland allows easier access to documents, but many remain unsigned which reduces accountability. Israel does have an appeals process, but such a request can take years and there are no real penalties for non-compliance. Even in the European Union, which tends to be more open, the scope of the right remains unclear partly because of the governments’ unwillingness or outright failure to clarify the issue.

In part 4 of this series, we will examine how the widespread hope offered by President Obama’s Open Government Initiative has largely gone unmet.