2018 Year End Report

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Protecting the Midwest’s Environment and Natural Heritage

2018 Report 25 Years of Progress & Looking Forward to More Successes


ACCELERATING RENEWABLE ENERGY SOLUTIONS TO CLIMATE CHANGE ELPC advocates are accelerating a better clean energy future by advancing renewable energy and energy efficiency solutions to climate change problems. While the federal government steps back from acting on climate change realities, ELPC is stepping up with climate change solutions in Midwest cities and states. The Midwest accounts for 21% of our nation’s CO2 pollution because of the many old coal plants and our region’s transportation centrality. We are at the center of the problems, and we should be the “between the coasts” fulcrum for clean energy and clean transportation solutions. ELPC leads the charge to transform the Midwest’s clean energy markets by advancing policy solutions that open paths for clean technology innovations: good for job creation, good for economic growth, and great for the environment and healthier communities.

Success! Accelerating Solar Energy + Storage Solutions for All in Illinois and the Midwest

After successfully achieving legislation modernizing the Illinois Renewable Energy Standard, ELPC is now working with our coalition

partners to implement the law as designed to achieve 3,000 megawatts of new solar energy and 1,350 megawatts of new wind power. It’s working so far, and solar energy development is rapidly accelerating across Illinois. ELPC is advancing community Solar for All benefits by helping design and implement these innovative programs to support solar projects in lower income and diverse communities. We’re proud of the progress in Illinois, and ELPC is “innovating and replicating” the Solar for All model to more Midwest states in 2019.

Retiring Coal Plants and Transitioning from Fossil Fuels

In 2018, Michigan utilities moved to shut down many coal plants, but owners of highly polluting economically uncompetitive coal plants are seeking public subsidies in Illinois, Indiana and Ohio. ELPC attorneys represent EDF, Ohio Citizens Action and Ohio Environmental Council in the U.S. Bankruptcy Court in Ohio seeking to prevent FirstEnergy Solutions from avoiding its environmental remediation and cleanup responsibilities. ELPC attorneys represent several environmental groups in U.S. District Court in Ohio advocating that AEP live up to its consent decree requirements for the Rockport coal plant in Indiana. In Illinois, ELPC is working to stop Houstonbased Vistra’s attempts before the Pollution Control Board to weaken the clean air standards and gain a public bailout for its aging coal plants. These uneconomic plants are on their last gasps as the electricity system transitions.

PROTECTING THE MIDWEST’S WILD & NATURAL PLACES

ELPC’s top-rate team of public interest litigation attorneys – one of our strongest weapons – works to protect the Midwest’s most special places, including the four-state Driftless Area, Midewin National Tallgrass Prairie in Illinois, the Great Lakes’ Straits of Mackinac in Michigan, Mississippi River headwaters in Minnesota, and Theodore Roosevelt National Park in North Dakota. For example, ELPC attorneys are representing the Driftless Area Land Conservancy to stop a proposed huge unneeded high-voltage transmission line and 17-story tall towers that, if built, would cut a wide swath through the vital natural resources and scenic values of the Driftless Area. This transmission line would go from Iowa through the Upper Mississippi River Wildlife and Fish Refuge, and then through the Military Ridge Prairie Heritage Area conservation lands and waters over to Middleton, Wisconsin. This controversial 125-mile transmission line is not needed for electricity reliability as energy supply greatly exceeds demand. There are better and more cost-effective renewable energy and energy efficiency alternatives that would create jobs and economic growth in Southwest Wisconsin. Before federal and state agencies, ELPC and our conservation clients and partners are asking: Why destroy Driftless Area natural resources values and disrupt communities for a huge, expensive transmission line that is not needed to keep the lights on?


PLAYING TO WIN AGAINST TRUMP’S “WAR ON THE GREAT LAKES”

The Great Lakes are our region’s natural treasure and a global gem. They comprise 21% of the planet’s fresh water supply and provide drinking water for 42 million people. ELPC works on multiple fronts to protect our Great Lakes where we live, work and play.

Victory Against Trump EPA to Reduce Agricultural Pollution Runoff Causing Toxic Algae Blooms in Lake Erie

ELPC’s strategic litigation achieved a nationally precedential victory in U.S. District Court requiring the US EPA and Ohio EPA to limit agricultural phosphorus runoff from manure and fertilizers into the Maumee River watershed, where it causes harmful algae blooms in western Lake Erie that impair safe clean drinking water for people in Toledo, fisheries and recreation. ELPC’s attorneys are now working to implement enforceable Clean Water Act standards to drive solutions for large animal feedlots to reduce manure runoff and corn/soy growers to reduce fertilizer runoff into waterways. Harmful algae blooms are a growing problem in Great Lakes shallow bays. ELPC leads this very big deal cleanup campaign.

Protecting the Thunder Bay National Marine Sanctuary in Lake Huron

ELPC leads opposition to the Trump Administration’s proposal to cut the size of the nation’s only freshwater marine sanctuary by 90%. ELPC coordinated the formal comments submitted by 14 Great Lakes protection groups, and we’re working with Michigan Congressional supporters to protect the Thunder Bay National Marine Sanctuary from this misguided assault.

Keeping Asian Carp Out of the Great Lakes

Invasive Asian carp would cause ecological and economic havoc if allowed to enter the Great Lakes. The threat is real and urgent. ELPC and our partners Alliance for the Great Lakes, National Wildlife Federation and others are advocating for the U.S. Army Corps to take strong preventative measures to stop Asian carp from getting through the pinch point at the Brandon Road Lock and Dam near Joliet from where they could swim into Lake Michigan. ELPC is educating policymakers about strategies to keep Asian carp out of the Great Lakes.

Protecting Funding for the Successful Great Lakes Restoration Initiative

The Trump Administration keeps trying to zero out or severely cut funding for this successful program that has supported more than 3,000 projects to keep the lakes clean, restore watersheds and wetlands, clean up toxic pollution and protect fish and wildlife resources. ELPC worked with policymakers and the Healing Our Waters coalition to fight back and win as bipartisan Congressional leaders twice restored the full $300 million of annual funding. In 2019, we’ll look to increase funding for the Great Lakes Restoration Initiative.

Decommissioning the Aging Line 5 Oil Pipeline in the Great Lakes

ELPC is challenging the Line 5 oil pipeline running through the Straits of Mackinac in Northern Michigan where an oil spill could damage 400 miles of shoreline and 60,000 acres of wildlife habitat. ELPC and the National Wildlife Federation filed a federal court lawsuit against the U.S. Coast Guard for approving the Northern Michigan Area Contingency Plan as “adequate” to clean up a worst-case oil discharge in the Great Lakes even though the Coast Guard’s own Commandant testified before Congress that it is not “semper paratus.”


ACCELERATING CLEANER MODERN TRANSPORTATION SOLUTIONS Clean Electric School Buses for Healthier Kids

ELPC leads the campaign for more EV school buses that pollute less. Children riding diesel-powered school buses are trapped into breathing soot and NOx pollution, which can trigger respiratory illnesses, including asthma. ELPC leads advocacy efforts for Midwest states to leverage VW settlement funds to purchase clean EV school buses. So far, Illinois, Indiana, Michigan and Ohio have together committed $20 million. Goal: An electrified school bus fleet charged by clean renewable energy to protect kids’ health and advance climate change solutions.

Powering Electric Vehicle Charging Stations with Renewable Energy

Let’s design the system to use clean solar energy + storage and wind energy to power the growing network of EV charging stations in order to avoid “trading carbon for carbon.” This is the best time to design and build a clean Midwest charging system infrastructure to support the growth of clean EV’s for the future.

Revitalizing Chicago’s (Underground) Pedway System

ELPC leads this innovative civic entrepreneurial project to revitalize and improve the Chicago Pedway by transforming this underutilized civic asset into a lively modern all-weather pedestrian route with better wayfinding and signage connecting Chicago’s transit, business, civic and cultural centers. The Pedway revitalization advances a more vibrant downtown and enhances community accessibility through better navigation, better coordination and better activation.

EXPANDING AIR QUALITY MONITORING FOR HEALTHIER COMMUNITIES ELPC works with Chicago community partners to use innovative handheld air quality monitors to identify areas with high levels of particulates and empower people to take actions to reduce local pollution. Particulates, or soot, from diesel trucks, buses, railroads and industrial plants exacerbate asthma and other respiratory and heart problems. We have collected 4 million air quality data points in Chicago neighborhoods, which ELPC uploaded to a free online data platform that enables people to download community air quality maps. Access to this information supports advocacy for healthier communities. ELPC is now launching a pilot project in Cleveland, Ohio.

PROTECTING THE MIDWEST’S WILD & NATURAL PLACES ELPC public interest environmental attorneys work with our clients Openlands and Sierra Club to protect the Midewin National Tallgrass Prairie from harmful impacts of the proposed boondoggle Illiana Tollway and new heavy truck traffic. Midewin is the nation’s first designated tallgrass prairie. It’s a special place with rich ecological significance. The proposed Tollway would channel convoys of heavy trucks through and next to the Prairie, waste more than $1 billion tax dollars, undermine sound regional planning, and damage significant wildlife habitats and scenic landscapes. ELPC advocates better, smart growth and more environmentally and economically sensible alternatives.


ELPC LEADERSHIP: BOARD OF DIRECTORS & ADVISORY COUNCILS THE MIDWEST’S LEADER IN LAW, POLICY, ECO-BUSINESS INNOVATION & ENVIRONMENTAL SCIENCE BOARD OF DIRECTORS

ELPC 25th ANNIVERSARY GALA More than 650 friends and supporters joined us to celebrate ELPC’s 25th Anniversary at Chicago’s Navy Pier in May 2018. We’re proud of 25 years of environmental progress, and appreciate our partners and colleagues who worked with us along the way. Thank you for your support!

Harry W. Drucker (Chair) Cameron S. Avery Ellen C. Craig Simon Fish Manny Flores Arthur Gibson Stan Goldblatt

Knute Nadelhoffer Andrew Ross Smita Shah David Wilhelm Brady C. Williamson

Robert L. Graham Scott Heidepriem Howard A. Learner Daniel Levin Carl Lingenfelter Nancy Loeb William McNary

Science Advisory Council Donald M. Waller (Chair) Joel Blum Bradley Cardinale Tony L. Goldberg Marilu Hastings

Mark Ratner Nick Reo Nancy Tuchman Donald Wuebbles

Lucinda Johnson Debby Moskovits Knute Nadelhoffer Jonathan Patz Barbara Peckarsky

Iowa Advisory Council Rob Sand Barry Shear

Charlotte Hubbell Fred Hubbell Sally Pederson

Laurie Belin Liz Garst Larry Grimstad

Michigan Advisory Council Gary R. Rentrop (Chair) Lauren Bigelow George Covington James Dearing Kiff Hamp

George Heartwell Addison Igleheart Debby Igleheart Knute Nadelhoffer Thomas S. Porter

Lorna Puttkammer Straus Tracey Shafroth Gary Stewart Bob Zabors

SOUTH Dakota Advisory Council Van Fishback Christine Hamilton

Scott Heidepriem Robert C. Oliver

Catherine V. Piersol

Next Generation Advisory Council Derek Eder Tomás de’Medici (Co-Chair) Amy Ewaldt Colleen Smith (Co-Chair) Jack Godshall Charles Adler Carey Goldblatt Laud Azu Drew Gravitt Gina Chen

Erik Gullickson Rajesh Karmani Nick Poplawski Corey Schires Jeff Smith

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The Environmental Law & Policy Center is the Midwest’s premier public interest environmental legal advocacy and eco-business innovation organization, and we are among the nation’s leaders. We develop and lead successful strategic advocacy campaigns to improve environmental quality and protect vital natural resources. We are public interest environmental entrepreneurs who engage in creative business dealmaking with diverse interests to put into practice our belief that environmental progress and economic development can be achieved together to improve the quality of life in our Midwest communities and save the planet.

A Message from ELPC’s Board Chair & Executive Director solutions throughout the Midwest. We’re accelerating clean energy and working to build a cleaner transportation system. We’re protecting the Midwest’s wild and natural places, and the extraordinary Great Lakes where we live, work and play.

Harry W. Drucker Board Chair

Howard A. Learner Executive Director

“The best defense is a good offense,” and ELPC is playing to win in these truly extraordinary times. We are fighting back against the Trump Administration’s rollbacks of sensible environmental regulations in order to protect healthy clean air and safe clean drinking water for all, and the right to live in communities without toxic threats. These core environmental values are basic human rights and civil rights. ELPC has been defending these rights for 25 years. In 2018, ELPC expanded our team of skilled public interest attorneys, policy advocates and communications specialists. We remain focused on the strategic advocacy work that has made ELPC so effective. We’re fighting back, and we’re playing to win! While the federal government turns its back on climate change realities, ELPC is focused on advancing climate change

ELPC.org/donate

These are challenging times, but ELPC is tough, creative, savvy and effective. With 25 years of experience, we’ve learned much about how environmental progress and economic growth can be achieved together. The Law Matters: Strategic, well-targeted litigation is a necessary and effective tool for protecting the environment, especially today. For example, ELPC’s litigation forced Trump’s U.S. EPA and the Ohio EPA to finally concede that western Lake Erie is indeed “impaired” by phosphorus pollution, which is the vital legal step for remedies to clean up pollution causing the toxic algae blooms that harm safe drinking water, fisheries and recreation. ELPC’s lawsuit achieved a breakthrough victory to drive reductions of agricultural nutrient runoff pollution in Ohio. This precedent can be replicated to help solve water pollution problems across the Great Lakes. Environmental Progress and Economic Growth Can Be Achieved Together: This is a guiding ELPC principle from our beginning. As technology improves and ELPC advocacy accelerates supportive policies, solar energy + storage and

ELPC earned Charity Navigator’s “Exceptional” Four Star rating, which means we “exceed industry standards and outperform most charities in [our] cause.”

wind power are rapidly expanding in the Midwest. ELPC is proud to be recognized as the Interstate Renewable Energy Council’s 2018 Regulatory Champion of the Year. Seizing Strategic Opportunities Matters: Smart strategy makes a difference for Midwest leadership in helping to solve climate change problems. The electric vehicle market is growing, and the EV charging station infrastructure in the Midwest “Crossroads of America” is being built out now. So, this is the best time to make sure solar energy and wind power – through power purchase contracts with new Midwest renewable energy projects, and direct installations – are used by EV charging station businesses to power cleaner EVs. This forward-looking strategy can avoid locking in a transportation system that “trades carbon for carbon” if fossil-fuel plants supply the power. This ELPC strategy is double-barreled: accelerating new clean transportation and new clean renewable energy development together. ELPC is celebrating our 25th Anniversary. We thank you for supporting ELPC’s effective strategic legal and policy advocacy and partnering for environmental progress. This work has never been more important and together we’ll continue to protect the Midwest and our planet. Our best wishes,

Harry ELPC earned Guidestar’s highest “Platinum” rating for our commitment to transparency.


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