Monthly Archives: May 2017

Power-plant toxics: no longer a political trinket

By appointing Scott Pruitt, former Oklahoma attorney general, as administrator of the U.S. Environmental Protection Agency, the cockroach President signaled another warp in the long struggle against emissions from U.S. power-plants. During his former service, Pruitt garnered large political contributions from managers in poultry industries, who wanted to scuttle rules for waste disposal at chicken farms. Pandering to their causes against public interests, Pruitt became Chief Chicken Shit of the Southwest.

If the cockroach were to fall to a heart attack tomorrow, the environment could become even more threatened. Vice President Pence was a promoter of Pruitt. Writing in the Huffington Post, John Halstead described Pence as an environmental racist. While Indiana governor, Pence responded quickly to lead found in the water supply for Greentown, a community that is 97 percent white. He ignored problems in East Chicago, where a majority-black neighborhood suffers from the worst soil concentration of lead ever reported in the U.S.

Industrial waste: At an auto-industry event on March 15, 2017, the cockroach promised, “My administration will work tirelessly to eliminate…industry-killing regulations.” The context was fuel efficiency. The cockroach promoted lower efficiency: that is, more fuel waste, more emissions and a retreat from U.S. energy independence. Some applause came from locals but not from the Detroit Free Press, whose business reporter said the push would undermine “innovation we need to see more of in the Michigan economy.”

On March 28, the cockroach President staged a fantasy act with coal miners in the Oval Office, signing Executive Order 19, an unhinged and antisocial maneuver. It directs that federal “agencies immediately review…regulations that potentially burden…use of domestically produced energy…[where] ‘burden’ means significant costs [for]…utilization…of energy resources.” Climate issues got nearly all the media attention then, but regulations on toxic power-plant emissions also loomed as likely targets.

Pruitt was Oklahoma’s supervising counsel for White Stallion Energy v. EPA, the DC Appeals Court case on toxic power-plant emissions that led to Michigan v. EPA, decided in 2015 by the Supreme Court. That proved to be the last attack on the public interest from clever, antisocial former Justice Scalia, who had managed to bend the ear of Justice Kennedy. Against precedent, Scalia’s opinion said the EPA had to consider costs when regulating toxic power-plant emissions.

According to Coral Davenport, writing in the New York Times, “Pruitt, [then] attorney general of Oklahoma…sued the EPA at least 14 times [in only six years], often in concert with the nation’s largest fossil-fuel companies, to block major environmental regulations.” Fortunately for the environment, he was rarely as successful as he was in Michigan v. EPA, and fortunately that case will have little direct impact.

Contrasts: Residents of the Boston area for more than 50 years will likely remember days when smoke darkened the sky. Before the 1960s there were few air quality rules. Power-plants, factories, offices and homes belched smoke from coal, oil and wastes. “Efficient” cars meant ones getting more than about 12 miles to the gallon. Cities, towns, institutions and businesses burned trash in open incinerators.

Smoke-blackened Washington Street, Boston, 1915

SmokeBlackenedWashingtonStreet1915
Source: Boston Public Library Archives

In November, 2013, a survey of large U.S. cities found that “Boston tops the list as the city with the cleanest air and boasts the lowest Air Quality Index score possible. Boston’s accessible public transportation system…the Air Pollution Control Commission…[and] annual precipitation…are good indicators that Bostonians are breathing easy.” Quite a change from the grimy Boston environment between about 50 and 150 years earlier.

Progress and mischief: Before 1970, most efforts to reduce air pollution were state initiatives. The federal 1970 Clean Air Act amendments [Public Law 88-206] became a watershed, aiming at uniform requirements that states would refine and enforce rather than initiate. The 1970 law authorized national “air quality” standards and regional “performance” standards for pollution emitters.

Coal has long been the most harmful fuel. In recent years, activists became concerned that it produces the most carbon dioxide. However, there are longstanding concerns over emissions of sulfur dioxide, mercury, arsenic and particles of toxic metals from burning coal. The U.S. EPA moved extremely slowly to regulate sulfur dioxide, finally spurred by 1990 Clear Air Act amendments [Public Law 91-604] requiring actions to combat acid rain. Until the Obama era, the agency failed to restrict other toxic components of coal smoke.

The Walker Bush administration tried to gut regulation of power-plant emissions through its proposed Clean Air Mercury Rule and Delisting Rule. The music stopped when the DC Appeals Court denounced those two shabby attempts in its decision for New Jersey v. EPA. [517 F.3d 574, 2008] A dramatic sequence of seven federal court rulings overturned much of the environmental mischief oozing from the Walker Bush administration.

*** New York v. Environmental Protection Agency (2005) vacated the New Source Review Rule.
*** New York v. Environmental Protection Agency (2006) vacated the Equipment Replacement Provision Rule.
*** Massachusetts v. Environmental Protection Agency (2007) vacated the refusal to regulate carbon dioxide.
*** Environmental Defense, v. Duke Energy (2007) affirmed the Prevention of Significant Deterioration Rule.
*** New Jersey v. Environmental Protection Agency (2008) vacated the Clean Air Mercury Rule.
*** North Carolina v. Environmental Protection Agency (2008) vacated the Clean Air Interstate Rule.
*** Sierra Club v. Environmental Protection Agency (2008) vacated 2006 Clean Air Act emission limits.

Obama-era progress: The Obama administrations issued two major air-quality regulations: the Mercury and Air Toxics Standards (MATS) in 2011 and the Clean Power Plan in 2015. When reporting about lawsuits attacking them, news media sometimes failed to distinguish the two regulations clearly. MATS is directed toward the toxic pollutants that have been longstanding concerns of the U.S. EPA. The Clean Power Plan is a climate initiative, intended to regulate carbon dioxide and other greenhouse-gas emissions.

The cockroach President was able to suspend the Clean Power Plan, but the great majority of fossil-fueled power is now produced by plants that comply with MATS. The U.S. Energy Information Administration reported that as of April, 2016, nearly all coal-fired plants had installed equipment. According to Paul Ciampoli, writing in Power Plant Daily, plants representing about 2 GW out of about 276 GW total–less than a percent of industry capacity–were still operating on MATS waivers. The cockroach mashed by feet on the ground.

Good news for the U.S. is that economics blocked obscene politics. When power-plant emissions are filtered enough to bring down ordinary chemical pollution, costs of coal-fired power rise too high for new plants and are shuttering many old ones. Brayton Point in Somerset, MA–once among the filthiest in New England–was outfitted with pollution controls. Recently it has operated less than a quarter of the time, and it is scheduled to close permanently in May, 2017–no longer competitive.

Power from natural gas-fired plants, not government policy, has been the main agent evicting coal-fired power. In plains areas of the Middle West and in giant river valleys of the Pacific Northwest, wind turbines also provide advantages along with very low emissions. There, where winds tend to be stronger and steadier than in other places and where installation costs tend to be lower, one major form of renewable energy no longer needs new subsidies to prosper. Again, the cockroach mashed by feet on the ground.

– Craig Bolon, Brookline, MA, May 16, 2017


Juliet Eilperin and Brady Dennis, Court freezes Clean Power Plan lawsuit, signaling likely end to Obama’s signature climate policy, Washington Post, April 28, 2017

Sonal Patel, Trump’s EPA signals changes for power-plant mercury rule, Power Magazine, April 20, 2017

Jonathan Mattise, Associated Press, Federal utility CEO: coal plants not reopening under Trump, WTOP (Washington, DC), April 18, 2017

Michael Biesecker and Sam Hananel, Associated Press, EPA seeks to derail cleanup of coal power-plant pollution, WTOP (Washington, DC), April 18, 2017

Eric Lipton, Ben Protess and Andrew W. Lehren, With Trump appointees, a raft of potential conflicts and no transparency, New York Times, April 15, 2017

Coral Davenport, Coal is on the way out at electric utilities, no matter what Trump says, New York Times, April 5, 2017

Emily Hammond, President Trump’s executive order on “energy independence,” Vox Media (Washington, DC), March 29, 2017

On promoting energy independence and economic growth, Executive order 19, White House, March 28, 2017

Matthew Daly and Jill Colvin, Associated Press, Trump takes aim at Obama’s efforts to curb global warming, Boston Globe, March 27, 2017

Jill Colvin, Associated Press, Trump announces challenge to Obama-era fuel standards, Boston Globe, March 15, 2017

John Gallagher, Why Trump’s rollback of tailpipe emissions rules is a bad idea, Detroit Free Press, March 15, 2017

John Flesher, Matthew Daly and Catherine Lucey, Associated Press, Climate and other programs get deep cuts in EPA budget proposal, WTOP (Washington, DC), March 3, 2017

Coral Davenport, EPA workers try to block Pruitt in show of defiance, New York Times, February 16, 2017

Valerie Volcovici and Timothy Gardner, Scott Pruitt, EPA designee, expresses doubts on climate, defends oil industry funding, Reuters (UK), January 18, 2017

Alex Formuzis, EPA pick Pruitt stymied cleanup of scenic river fouled by factory chicken-farm waste, Environmental Working Group (Washington, DC), January 14, 2017

John Halstead, Mike Pence’s environmental racism, Huffington Post (Washington, DC), January 14, 2017

Eric Lipton and Coral Davenport, Scott Pruitt, Trump’s EPA pick, backed industry donors over regulators, New York Times, January 14, 2017

Inside the Clean Air Act, US Legal (Jackson, MS), 2017

Edward Wong, Trump calls climate change a Chinese hoax, New York Times, November 19, 2016

Ryan H. Wiser and Mark Bolinger, Wind technologies market report, Lawrence Berkeley Laboratory, August, 2016

EIA electricity generator data show power industry response to EPA mercury limits, U.S. Energy Information Administration, July 7, 2016

U.S. Environmental Protection Agency, Consideration of cost in the “appropriate and necessary” finding for the Mercury and Air Toxics Standards for power plants, 81 FR 24420-24452, April 25, 2016

Keith Goldberg, High court won’t halt EPA mercury rule, Law360 (New York, NY), March 3, 2016

Laura Barron-Lopez, Supreme Court stays Obama’s carbon emissions plan, Huffington Post, February 9, 2016

Elena Craft, Graham McCahan and Mandy Warner, Mercury and Air Toxics Standards, Environmental Defense Fund (New York, NY), 2016

Rachel Cleetus, Steve Clemmer, Jeff Deyette, Brenda Ekwurzel, Julie McNamara, Jeremy Richardson and John Rogers, The Clean Power Plan: a climate game-changer, Union of Concerned Scientists, 2016

Michael B. Gerrard, Supreme Court ruling on mercury shows little deference to EPA, New York Law Journal 254(49), September 10, 2015

Michigan v. EPA, case no. 2014-46, U.S. Supreme Court, 576 U.S. (2015) June 29, 2015

Samuel Worth, Why EPA should have prohibited cost considerations in White Stallion, Boston College Environmental Affairs Law Review 42(2):593-606, April 10, 2015

White Stallion Energy v. Environmental Protection Agency, case no. 2012-1100, U.S. Court of Appeals for the DC Circuit, 748 F.3d 1222, April 15, 2014

Erin Ailworth, Owner reaffirms 2017 closing of Brayton Point plant, Boston Globe, January 27, 2014

Tracey Jones, Ten cities with the best air quality, CreditDonkey (Pasadena, CA), 2013

Nicholas Morales, New Jersey v. Environmental Protection Agency, Harvard Environmental Law Review 33(1):263-282, 2009

New Jersey v. Environmental Protection Agency, case no. 2005-1097, U.S. Court of Appeals for the DC Circuit, 517 F.3d 574, February 8, 2008

George A. Gonzales, The Politics of Air Pollution, State University of New York Press, 2005

James J. MacKenzie. Boston’s sufferance of sulfur dioxide, Science 172(3985):792-793, 1971

Craig Bolon, New England energy: wobbly progress, Brookline Beacon, January 12, 2015

Craig Bolon, Fall town meeting: pipe dreams, Brookline Beacon, December 4, 2014

Craig Bolon, Coal-fired and oil-fired electricity in New England, Energy and Environment, October 17, 2013

Craig Bolon, Tangle of air pollution regulations affecting energy, Energy and Environment, 2008

UMass Boston: hoop dreams

Ten years of Dr. Keith Motley leading UMass Boston bent toward a close last month with an announcement of his departure by the end of June. Something like that seemed likely, since it was known that his contract had not been renewed. Motley came to UMass from Northeastern, where he began on a basketball scholarship in the early 1970s. He became a protégé of Northeastern administrator John Curry, president from 1989 to 1996, and had worked at Northeastern as an admissions reviewer, athletics coach and sports recruiter.

To further a long-range ambition of becoming a college president, in 1999 Motley earned a PhD from the Boston College School of Religion and Education, whose best known graduates have become Roman Catholic bishops and administrators at Catholic-led colleges. Four years later he took a UMass Boston job as an administrator for student affairs.

During the short tenure of Dr. Michael Collins as the UMass Boston campus president–called “chancellor” there–Motley took a detour as a marketing administrator in the statewide university office. In 2007, Collins moved out to lead the medical school at the Worcester campus, and Motley got the nod to lead the Boston campus.

Poor relatives: Public colleges in New England are mostly poor relatives of the private colleges that comprised higher education in the region for three centuries: from the mid-1600s through the mid-1900s. Land-grant colleges common in the Midwest and Southwest were latecomers in New England. Of the few founded in the region, only MIT emerged as a first-tier institution; it has remained privately run.

Together with the Dartmouth campus, UMass Boston has long been a poor relative of a poor relative. The better-off members of the UMass family are the founding Amherst campus, the medical school and–more recently–the technologically driven Lowell campus. UMass Boston opened in 1965, then housed in a 12-story building fronting on Arlington Street. It looked like an office building because it was one: the 1927 Art Deco headquarters for Boston Gas. Better things were supposed to await UMass Boston at the city dump.

UMass Boston at Arlington Street, 1965

UMassBostonArlingtonStreet1965
Source: Massachusetts Department of Higher Education

At the wishfully named Columbia Point, bordering the ocean, the UMass staff and students and the state’s taxpayers were victimized by massive graft in public construction that was commonplace during the 1950s through the 1970s. Recalling unusable floors at the Middlesex County Courthouse in Cambridge, condemned before completion, the central garage at Columbia Point proved structurally unsound the day it opened. It and adjacent buildings–McCormack Hall, Wheatley Hall, the Science Center, Healey Library and Quinn Administration–were plagued with leaks, crumbling masonry, failing ventilation and mold.

The original UMass buildings at Columbia Point shared an architect with the central Chicago prison. In 1977, state Sens. Joe DiCarlo (D, Revere) and Ron MacKenzie (R, Burlington) were convicted and jailed for extorting $40,000 in bribes from McKee, Berger and Mansueto of New York–the firm hired to oversee the UMass construction. Punishing corrupt politicians did not cure the evils visited on UMass Boston.

UMass Boston at Columbia Point, 1974

UMassBostonColumbiaPoint1974
Source: Massachusetts Department of Higher Education

According to Laura Krantz, writing in the Boston Globe, during 43 years at Columbia Point more than $40 million has been spent on stabilizing the original UMass Boston buildings, but that has only postponed disasters. Now the garage and at least McCormack Hall, Wheatley Hall and the Science Center are likely to be demolished and somehow replaced.

Marty Meehan, current president of the statewide university system, has been quoted as claiming that UMass Boston should come up with the funds for such a project–maybe a quarter billion dollars. For a campus with a total yearly budget of only $19 million for all asset depreciation, that would clearly be far beyond its capacity. Ten years ago, when the Amherst campus needed around $2 billion for building repairs–including a failing underground garage–no one suggested that the UMass Amherst budget should bear the whole cost.

Hands on the throttle: UMass Boston needed steady hands on the throttle. Built entirely as a commuter college, it serves large low-income and moderate-income populations ambitious to succeed in the world of work. Between 1965 and 2007, the former campus presidents (“chancellors”)–John Ryan, Francis Broderick, Carlo Golino, Robert Corrigan, Sherry Penney, Jo Ann Gora and Michael Collins–provided steady hands. They achieved stable management despite rapid growth.

During 1965 until 2007, UMass Boston enrollment grew from about 1,230 to 13,400 students at the starts of academic years–a compound growth rate of about 6.0 percent per year. The pace slowed with Keith Motley as the campus president (“chancellor”) of UMass Boston. During 2007 until 2017, enrollment grew from about 13,400 to 16,800 at the starts of academic years, a compound growth rate of only about 3.1 percent per year.

UMass Boston enrollments, 2008-2016

UMassBostonEnrollments2008-2016
Source: U.S. Department of Education

After continuing historic rising trends at first, during the Motley regime the in-state undergraduate enrollment flattened, and the in-state graduate enrollment fell. The breakpoint year was 2010, making it look likely that changes in goals and policies from Motley’s planning “vision” at UMass Boston were the causes–not, as some might have thought, the deep recession that began in early 2008.

Vision: Dr. Motley became the organizer of a so-called “vision” for the future of UMass Boston. As with many other such institutional schemes, concrete in 2009 preceded concepts in 2011. The concrete was the product of architects Chan Krieger Sieniewicz–then in Cambridge, MA–later merged with Naramore, Bain, Brady, Johanson of Seattle, WA, now NBBJ headquartered in Boston.

Unlike Harvard, MIT, Wellesley, Northeastern, Tufts, Brandeis, and a few other institutions in the region, UMass Boston has an historic mission as an affordable teaching university, not as a research university. In 2007, when the Motley regime began, UMass Boston remained a teaching university. However, spiraling student charges for tuition and fees had been eroding the UMass Boston mission of community service.

UMass Boston student charges, 1988-2016

UMassBostonStudentCharges1988-2016
Source: U.S. Department of Education

As described in the “vision” released in 2011, concepts for the future of UMass Boston reflected Motley’s background at Northeastern more closely than they did the needs and goals of UMass Boston students and their families. Motley described his focus as the “research university that we are and continue to become.” [App. B, p. 1] To most who have followed campus development, the falsehood and pretension would be obvious.

Rubber meets road: During the planning blitz for a future UMass Boston, Dr. Motley got blunt warnings from his finance staff that costs could easily spiral out-of-control. However, Motley likes to be liked. Results show him an easy touch for campus entrepreneurs who conjure up new programs. UMass Boston currently offers more than 200 academic programs to about 17,000 students.

Many degree-granting programs at UMass Boston lack sustainable enrollments. Of about 70 undergraduate majors available for at least ten years, only half have awarded ten or more degrees per year. The faltering yet longstanding programs include chemistry, physics, music, African studies, women’s studies, French, Italian, operations management, history and public policy.

Rather than trim back that unstable mix, the Motley regime has allowed several new programs a year. Most of the newer programs have awarded few degrees. Regardless of enrollment, all programs generate costs–mostly for teaching and support staff. Costs of less popular ones are not being offset much by revenues.

Dr. Motley does not seem to care very deeply about the impact of his research university “vision” on the Boston-area students and their families. He planned pay the bills by drawing in more out-of-state and foreign students. Early in his regime, he hired an expanded staff of very high-paid administrators who predicted, around a year ago, that there would be little or no deficit at this time.

Over the past year, rubber finally met the road. Not enough of those out-of-state and foreign students came. Recent reports estimate a $30 million annual deficit. The high-paid administrators were clearly wrong, but apparently either Motley had no contrary advice, or he chose to ignore it. His background as a basketball coach and sports recruiter left him personally unprepared to cope with storms of institutional finance.

In early March, state officials announced they had hired former Bowdoin College president Barry Mills to provide oversight but not to replace Motley. Early this April, Motley turned in his papers. The buzz coming out of UMass Boston signals desperate dodges to cut spending: classes cancelled without warning, part-time faculty laid off, library subscriptions dropped, copy machines unplugged. Hoop dreams.

– Craig Bolon, Brookline, MA, May 10, 2017


Laura Krantz, UMass Boston community fears cuts will erode its mission, Boston Globe, May 6, 2017

Laura Krantz, UMass Boston’s biggest challenge? Its own Big Dig, Boston Globe, April 22, 2017

Joan Vennochi, UMass Boston needs a reality check, Boston Globe, April 11, 2017

Michael P. Norton, State House News Service, Stoughton’s Keith Motley to step down as UMass-Boston chancellor, Quincy (MA) Patriot Ledger, April 6, 2017

Peter Lucas, Beacon Hill silent on UMass Boston’s fiscal fiasco, Lowell (MA) Sun, March 28, 2017

Laura Krantz, UMass Boston was warned of financial crisis years earlier, Boston Globe, March 23, 2017

Laura Krantz, Growth spree has the UMass Boston campus in a bind, Boston Globe, March 18, 2017

Facts and Figures 2016-2017, University of Massachusetts at Boston

Statistical Portrait for 2916, Office of Institutional Research, Assessment and Planning, University of Massachusetts at Boston

Annual Financial Report for 2016, University of Massachusetts, for Boston campus, see page 5-6

Chancellors and provosts, University of Massachusetts at Boston, 1965 to 2016

Emily Sweeney, The evolution of Columbia Point from calf pasture to UMass home, Boston Globe, March 29, 2015

Gabriel Baumgaertner, Hoop Dreams: where are the main figures now?, Manchester Guardian (UK), February 18, 2015

UMass Boston at 50, University of Massachusetts at Boston, 2015

Edwin Khoo, How did MIT become a private university?, Quora, June, 2013

Tracy Jan, When good enough is simply not enough, Boston Globe, February 27, 2011

History of UMass Boston, University of Massachusetts at Boston, 2011

A Blueprint for UMass Boston, University of Massachusetts at Boston, 2011

Fulfilling the Promise, University of Massachusetts at Boston, 2011

Vision statement, University of Massachusetts at Boston, dated 2010, published 2011

25-Year Campus Master Plan, University of Massachusetts at Boston, 2009

Chan Krieger Sieniewicz (Cambridge, MA), Campus Master Plan, University of Massachusetts at Boston, 2009

James Vaznis, UMass facing a daunting repair bill, report says Amherst needs an extra $1.8 billion, Boston Globe, May 9, 2007

Collins and Motley to assume top posts, Media office, UMass Lowell, May, 2007

Facts 2006-2007, University of Massachusetts (all campuses)

Lisa Prevost, Is UMass pricing out kids like Joe Drury?, Boston Globe, December 11, 2005

Richard A. Hogarty, Massachusetts Politics and Public Policy: Studies in Power and Leadership, University of Massachusetts Press, 2002

Michael Knight, Massachusetts told of wide corruption, New York Times, January 1, 1981

John W. Ward (Special Commission chair), Final Report to the General Court of the Special Commission concerning State and County Buildings, 1980

Associated Press, Massachusetts state senators are convicted in extortion case, New York Times, February 26, 1977

Wendell H. Woodman, Let me call you sweetheart, New England News Service, 1976