Selected category: Partners for Change

EPA refuses to act on smog pollution. Here’s what’s at stake.

The Environmental Protection Agency (EPA) is refusing to move forward with the implementation of health-based standards that protect Americans from dangerous ground-level ozone pollution — more commonly known as smog.

That’s why Environmental Defense Fund, along with a broad coalition of public health and environmental groups, sent a letter to EPA Administrator Scott Pruitt informing him that we will take legal action if he does not carry out his mandatory duty to begin implementing our nation’s 2015 health-based smog standard.

Smog is a caustic pollutant that irritates the lungs, exacerbates lung conditions like asthma, and is linked to a wide-array of serious heart and lung diseases.

It is particularly harmful for children, seniors, people with lung impairments like asthma, and anyone active outdoors.

Under the Clean Air Act, October 1, 2017 was the deadline for identifying the communities that meet our nation’s health-based smog standard, and for identifying those that are violating the standard. Administrator Pruitt missed this mandatory deadline to begin implementing the smog safeguards.

The Clean Air Act’s statutory deadlines are not merely suggestions – they are of critical importance to achieving better air quality. When EPA shirks mandatory deadlines, the Clean Air Act’s mechanisms to improve air quality fail to engage and American families suffer the harmful effects of breathing polluted air for longer.

Administrator Pruitt unlawfully attempted to extend this same deadline, by one year, earlier this summer. However, he was forced to withdraw this extension and reinstate the October 1, 2017 deadline in response to legal challenges filed by EDF and our public health partners, and by a coalition of 16 state Attorneys General.

Now Pruitt has failed to meet the deadline – adding to his concerning pattern of delay, and undermining these important public health safeguards.

Here’s more on the consequences of ignoring our national health-based smog standards:

By delaying implementation of the standards, EPA is allowing vulnerable communities to suffer the consequences of polluted air while Administrator Pruitt stalls.

For instance, delaying the standards will mean that residents of the Uintah Basin in Northeastern Utah will potentially be faced with more and longer exposure to pollution levels that at times can rival smoggy Los Angeles.

This is truly unacceptable when there are clear solutions for reducing smog and protecting public health, such as reducing the pollution emitted from the thousands of oil and gas wells that dot the basin – common sense solutions that would be helped along if the 2015 health-based smog standard was properly and timely implemented.

Administrator Pruitt’s failure to identify which communities have air quality that violates the health standard obscures Americans’ basic right to know whether the very air we breathe meets the level that EPA has determined to be healthy.

The health-based national air quality standard for deadly air pollutants like smog form the foundation of the Clean Air Act — a bedrock public health statute that has provided for extraordinary, bipartisan progress in protecting Americans’ health and the environment for more than 40 years.

These consensus-backed health standards save lives and protect American families. By EPA’s own estimate, compliance with the 2015 smog standard will save hundreds of lives, prevent 230,000 asthma attacks in children, and prevent 160,000 missed school days for children each year.

Failure to carry out his responsibilities under our nation’s clean air laws also demonstrates Administrator Pruitt’s disregard for the recommendations of EPA’s own public health experts and scientists.

The 2015 health-based standard for smog was developed through a rigorous and extensive rulemaking process over the course of several years, and the science on smog’s health impacts is well-established.

EPA finalized a revised, strengthened standard of 70 parts per billion after engaging in a transparent, public process and relying on well-established scientific information and the recommendations of an independent committee of scientific advisors.

Administrator Pruitt has a legal duty to carry out the health standard to ensure healthier, longer lives for millions of Americans afflicted by dangerous smog pollution. That’s why EDF joined so many others in telling him we’ll go to court if he doesn’t.

Those joining us on the notice of intent to sue are the American Lung Association, American Public Health Association, American Thoracic Society, Appalachian Mountain Club, Earthjustice, Environmental Law & Policy Center, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club and West Harlem Environmental Action.

The Attorneys General of New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Minnesota, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Washington D.C. sent a similar letter.

We urges Administrator Pruitt to “expeditiously” carry out his responsibility under our nation’s clean air law to protect the health of our families and communities. There is no time to waste.

Also posted in Clean Air Act, Health, Policy| Comments are closed

Annual festival reinforces strong Latino connection to the environment

By Gabriela Zayas del Rio

To kick off National Hispanic Heritage Month, which spans from September 15th to October 15th, Americas Latino Eco Festival convened for its fifth year in Denver, Colorado. The festival, organized by the Americas for Conservation and the Arts in partnership with the U.S. Forest Service, is a weekend-long gathering focused on the many ways in which Latinos and Latin Americans practice and promote environmental awareness.

This year’s festival focused on a call for unity and perseverance among environmental advocates to work together during challenging times. This idea is especially important as a swath of public health safeguards are under attack and as the Environmental Protection Agency faces steep budget cuts.

These actions would put Americans’ health and safety at risk and be felt by all, but Latinos in the U.S. and other minorities will be disproportionately impacted from weak environmental standards and enforcement. Already, nearly one in every two Latinos in the U.S. live in counties that frequently violate the standards for ground-level ozone, also known as smog, and Latino children are 40 percent more likely to die from asthma than non-Latino whites.

The festival’s activities covered a range of topics but a few key themes stood out to me as they reinforced Latinos and Latin Americans’ inherent connection to nature as a source of life, healing, and community:

  1. Sustainability is in our heritage and conservation is our legacy

For centuries, Latino communities have lived in sync with the land to prosper and to preserve resources for future generations. The festival devoted a session to the “acequia,” a system of communal irrigation canals to sustainably manage water distribution across vast, desert-like areas. We can learn immensely from this model of cooperation to more efficiently meet our needs while allowing nature to thrive.

Latinos are also the people who envisioned a zero-waste society long before it became a “modern” solution. Seven centuries ago, the Aztecs saw food waste as a resource that could be used productively in manufacturing and agriculture. They eliminated waste and found creative ways to incentivize recycling and reusing.

This unique take on sustainability is an ethic that continues in our culture today; for instance growing up in my household we reused everything, including repurposing butter containers as tupperware.

Moms Clean Air Force enjoying Americas Latina Eco-Festival

  1. Together we are stronger

The Latino community works tirelessly to bring communities together, to educate ourselves, and to demand equal access to a healthy environment. In the process, we try to be inclusive of age, race, gender, sexual orientation, religion, and nationality, demonstrating that we all have an indispensable role to play in environmental conservation.

The festival elevated this principle through an event organized with the Denver Museum of Nature and Science that brought 400 kids from Title 1 schools together to learn actionable ways in which they can be citizen scientists and environmental stewards.

  1. Just transitions must be center stage

The need to acknowledge that environmental progress will not be achieved without equity and without empowering front-line communities was embedded throughout the festival.

Whether transitioning to clean energy, providing disaster relief, or advocating for any environmental policy, all must seek to be done justly, keeping the vulnerable communities in mind.

As a Puerto Rican entering her seventh year in the Diaspora, I was reaffirmed about my role in the environmental movement, especially now as my home and the Caribbean grapple with recovery from Hurricanes Irma and Maria. Hearing from water protectors and commemorating the legacy of activist Berta Cáceres and the likes, all heroes who risked or lost their lives protecting nature, I felt triumphant and convinced that we have the right voices and tools to shatter all misconceptions about Latinos and the environment.

The festival was a testament to the strong commitment of Latinos and Latin Americans to conservation issues. Along with prioritizing a strong economy, we place water conservation and reducing air pollution as the most important issues that should be addressed by our government. We also disproportionately support action to address climate change, see the value in protecting national parks to strengthen the economy, and believe that outdoor activities, such as hiking and fishing, are an integral part of our culture and community.

Our culture and heritage have persevered for centuries, and have left an indelible mark in the environmental movement and this country. Likewise, I fully expect Latinos and Latin Americans will continue to demonstrate their resilience in the face of climate change.

Also posted in Greenhouse Gas Emissions, Health, Latino partnerships| Comments are closed

EDF celebrates Hispanic Heritage – Together we can shape a bright future for America

Last week marked the beginning of National Hispanic Heritage Month, a time to celebrate the culture, history and contributions of American citizens whose ancestry can be traced to Spain, Mexico, Central and South America and the Caribbean. Unlike most observance months, it runs from September 15 to October 15 to encompass the anniversaries of independence of five Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua.

This year’s theme is “Shaping the Bright Future of America.” Despite the concerning policy directions and general tone of negativity toward Latinos, people of color, women and others that has emanated from the Trump White House; I still believe America’s future is bright.

I also believe, however, it is our responsibility as Latinos invested in the freedom and opportunities that the United States represents, to speak out and help shape national policies that preserve these fundamental ideals and principles. For this reason, EDF is collaborating with numerous Latino advocacy organizations to ensure the community is putting pressure on Congress to make the right votes for America.

Since Trump ran for President, his rhetoric has been deeply disturbing, to say the least. His dangerous attitude and harmful speech has informed the direction of his Administration, and led to policies (or the threat of policies) that negatively affect Latinos.

Of great concern is his proposed budget for the Environmental Protection Agency (EPA). Trump’s 30 percent cut would threaten the health and safety of all Americans, and threaten disaster preparedness.

Latino populations are much more vulnerable to environmental threats than average and when natural or man-made disasters strike, they are often affected the most.

When Flint, Michigan first started experiencing lead-contaminated water, the Latino community received information long after other residents and faced prolonged exposure to the effects of drinking the water. The lack of Spanish-language resources and fear of seeking government assistance due to immigration status or general mistrust posed and continues to pose extra dangers for the community.

I experienced this firsthand when I was deployed by then EPA Administrator Gina McCarthy to engage the Flint community in the Agency’s emergency response efforts. Faith-based institutions and community organizations shared devastating stories about families not knowing the water was contaminated until their families outside of Michigan told them about the national news reports.

Then, families were afraid to pick up water filters and bottled water from Red Cross stations because of the National Guard presence and ID checks. Families even shielded away from receiving resources from churches fearing sting operations by ICE. And door-to-door distribution did not work for any Flint residents because of concern that warrants were also being served along with a 12-pack of water.

Flint may not be a natural disaster like Hurricane Harvey, but disaster relief services there are still lacking and mistrust still remains. This is especially true for the immigrant community in the Houston-metro area, where there are nearly 600,000 unauthorized immigrants, most of Hispanic descent. As NPR reported, some immigrants are afraid to go to the store for supplies or call for rescue because they worry about being arrested, deported, and separated from their families.

Scenarios such as these are both heartbreaking and infuriating.

Unfortunately, Trump’s attempt to hobble the EPA’s disaster preparedness and ability to protect human health and the environment is not the only policy that will negatively affect Latinos.

  • His frequent anti-Latino rhetoric, which has a negative impact on Latinos—even children in schools;
  • Pardoning Sheriff Joe Arpaio, a man convicted for his unlawful treatment of Latinos and other minorities;
  • Ending the Deferred Action for Childhood Arrivals (DACA) program and the many mixed messages on what that means for the future of DACA recipients;
  • Slashing federal funding and support for programs that fuel the economy, provide access to health care, and improve quality of life.

Because of this, or perhaps in spite of it, I am even more proud of my heritage and feel fortunate to be in a position to advocate for my community at EDF and collaborate with so many inspirational Latino leaders such as Mi Familia Vota, League of United Latin American Citizens, National Council of La Raza Action Fund, Hispanic Federation, Voto Latino, National Association of Latino Elected Officials, Latino Victory Project, and GreenLatinos.

This fantastic group of partners are helping EDF make the most impact through motivating events such as the National GreenLatinos summit, and activities and outreach designed to inform Latino lawmakers, young Latino voters, and the broader Latino community about environmental issues and public health.

I invite you to celebrate the accomplishments, culture and history of the Latino-Americans you know and admire by taking a stand with us to find long-term safeguards and solutions for our environment. For 50 years, we at EDF have believed that all of us in the US, joined by our friends across the globe, can be a force for positive change. And that is something that can surely make our future bright!

Please join me in “Shaping the Bright Future of America” by taking action during Hispanic Heritage Month:

  • Use the Register. Ignite. Strive. Engage (RISE) toolkit to shift the Hispanic Heritage cultural celebration to a month of action around voter registration and community organizing
  • Meet & Greet counterparts in the Latino/Environment space at the GreenLatinos Live! event
  • Write a blog on how the EPA budget and the cuts that will harm Latino communities
Also posted in Greenhouse Gas Emissions, Latino partnerships| Comments are closed

Electric vehicles enter the here and now

A Ford at an electric car charging station in Buffalo, NY. Photo by Fortunate4now

The high level of confidence that automotive industry leaders have in the future of electric vehicles (EV’s) has been on full display recently.

In just the past few weeks:

This spurt of corporate announcements has been paired with a bevy of statements of international leadership:

These developments are more than just excitement about an emerging solution. They are indicators that the market for EVs is developing faster than anticipated even just last year.

Consider the findings of a new report from Bloomberg New Energy Finance. It found that:

[L]ithium-ion cell costs have already fallen by 73 percent since 2010.

The report updated its future cost projections to reflect further steep cost reductions in the years ahead, with a price per kilowatt-hour in 2025 of $109 and in 2030 of $73.

Cost reductions on this order would result in EVs achieving cost parity with some classes of conventional vehicles by 2025 – and across most vehicle segments by 2029, according to the report. EV sales are expected to really take off once they achieve cost parity with conventional vehicles, as the vehicles are significantly less expensive to fuel and maintain.

The acceleration in the EV market is great news for climate protection too. A recent assessment found that zero-emission vehicles, such as EVs, need to comprise 40 percent of new vehicles sold by 2030 in order for the automotive sector to be on a path to achieve critical mid-century emissions targets. With the momentum in the EV market, we have a critical window to further boost this market by ensuring greater access of electric vehicles and a cleaner electric grid to power them.

Unfortunately, the U.S. has not demonstrated the same appetite for national leadership on EVs as other countries. Even worse, we are going in the wrong direction – with serious implications for our health, climate and economy.

Instead of leading, the Trump Administration is undermining critical clean air and climate protections including the landmark clean car standards for 2022 to 2025. The actions of individual automakers, however, tell a very different story from the “can’t do it” mantra put forth by the Administration.

In their commitments, investments and new product introductions, automotive manufacturers and their suppliers are clearly telling us that low emissions vehicles can play a much bigger role in the near future.

The fact is that automakers can meet the existing 2022 to 2025 federal greenhouse gas standards through deployment of current conventional technology alone. Now, in addition to the robust pathway automakers have through existing technologies, EV adoption rates in the U.S. will be 10 percent in 2025 if the Bloomberg New Energy Finance forecasts hold true. This is further proof that the existing standards are highly achievable. Rather than weaken the standard, the Administration should be pursuing options to further scale EVs over the next decade.

Investing in clear car solutions is sound economic policy. These investments enhance the global competitiveness of the U.S. automotive sector.

This is why the UAW in a letter supporting the existing 2022 to 2025 clean car standards, noted:

UAW members know firsthand that Corporate Average Fuel Economy (CAFE) and greenhouse gas (GHG) standards have spurred investments in new products that employ tens of thousands of our members.

Like other key aspects of the potential of the emerging EV marketplace, the role it can play as an employer has been in the news recently too.

An AM General assembly plant in northern Indiana was acquired by electric vehicle manufacture SF Motors. The company announced that it will make a $30 million investment in the facility and keep on all the 430 employees.

Fittingly, most of the 430 jobs that were saved to manufacture an emerging, clean technology are represented by UAW Local 5 – the oldest continuously operating UAW Local in the country.

Also posted in Cars and Pollution, Economics, Energy, Green Jobs, Greenhouse Gas Emissions, Jobs, News, Policy| Comments are closed

Delaying smog standards risks lives, jeopardizes Americans’ health

Twenty-six. That is how many smog-related air quality alerts were forecast across our country for one single day earlier this week.

From Pennsylvania to Rhode Island, “action days” were called urging “sensitive groups” (including children, people who are active outdoors, older Americans, and people with heart or lung disease) to reduce their time spent outdoors.

Smog is a dangerous air pollutant linked to premature deaths, asthma attacks, lower birth weight in infants, and serious heart and lung diseases.

Smog forms when industrial emissions from power plants, factories, cars, and other sources react with heat and sunlight in the atmosphere.

There have already been many alerts across the U.S. this year for smog pollution, and “smog season” has just begun. That shows we have more work to do to clean the air and protect our families and communities.

That is why it is disturbing to hear that EPA Administrator Scott Pruitt has decided to delay implementation of the updated smog standards by one year.

According to the American Lung Association’s 2017 State of the Air Report [PDF], more than one-third of all Americans live in areas with unhealthful levels of smog. More than 116 million people live in counties that received a grade of “F” for smog levels.

A one-year delay in the implementation of anticipated pollution from the smog standards would mean:

  • 660 more deaths
  • 230,000 asthma attacks among children
  • 180,000 missed work or school days

These are real lives being affected by Administrator Pruitt’s irresponsible actions.

The smog standards are driven by medical science. Here are some of the medical and health associations that supported strengthening the ozone standards:

  • The American Thoracic Society
  • American Academy of Pediatrics
  • American Medical Association
  • American Heart Association
  • American Lung Association
  • American Public Health Association
  • Children’s Environmental Health Network
  • National Association of County and City Health Officials
  • Trust for America’s Health
  • Health Care Without Harm
  • Asthma and Allergy Foundation of America
  • American College of Chest Physicians
  • American College of Preventive Medicine
  • American College of Occupational and Environmental Medicine
  • American Association of Cardiovascular and Pulmonary Rehabilitation
  • National Association for the Medical Direction of Respiratory Care
  • Society of Physicians for Social Responsibility

EPA’s mission is to protect public health and the environment. Administrator Pruitt’s decision to delay the smog standards runs counter to that bi-partisan, four-and-a-half decade mission. It also runs counter to the recommendations of leading medical and public health associations.

The successful history of implementing the Clean Air Act shows that states have the flexibility to design tailored solutions to address smog pollution, and that dramatic pollution reductions go hand-in-hand with a strong economy.

We need to reduce the amount of smog in our air – and to achieve that goal, we need EPA to lead.

Also posted in Clean Air Act, Health, Policy| Read 1 Response

EDF, coalition partners urge the D.C. Circuit to decide the Clean Power Plan case

Environmental Defense Fund and fourteen other public health and environmental organizations filed a brief yesterday urging the United States Court of Appeals for the D.C. Circuit to issue a decision on the merits in the litigation over the Clean Power Plan – America’s only nationwide standards limiting harmful carbon pollution from existing fossil fuel power plants.

Other parties supporting the Clean Power Plan also filed briefs, including 18 states and 7 municipalities, power companies representing nearly 10 percent of the nation’s generation, and associations representing America’s vibrant $200 billion clean energy industry.

The latest filings all respond to a recent D.C. Circuit order which temporarily suspended the litigation and directed the parties to submit briefs on whether to continue the suspension (known as an “abeyance”) or terminate the case and hand the matter back to the Environmental Protection Agency (EPA) for further review (known as “remand”).

This order addressed a motion filed by the Trump Administration on March 28, which asked the court to suspend the Clean Power Plan litigation indefinitely and refrain from deciding the legal merits of the Clean Power Plan.

Here’s what’s at stake at this critical juncture in the Clean Power Plan litigation – and a few things we can count on regardless of how the court rules on yesterday’s filings.

 Real World Consequences for Healthier Air and a Safer Climate

The briefs have vital real-world consequences for everyone who cares about healthier air and a safer climate.

As legal experts have noted, the Administration’s move is a brazen, eleventh-hour attempt to prevent the D.C. Circuit from issuing a timely opinion on legal issues that are central to EPA’s responsibility under the Clean Air Act to protect the public against climate pollution. The Administration filed its March 28 motion almost a year after the parties submitted briefs in the case, and six months after ten judges of the D.C. Circuit held an exhaustive seven hour-long oral argument.

Because the Supreme Court voted 5-to-4 to temporarily block the enforcement of the Clean Power Plan while the courts reviewed the legal challenges, the Administration’s motion would also indefinitely delay the enforcement of these urgently needed and long-overdue limits on carbon pollution.

The Administration’s motion asked the court for an indefinite pause in the litigation while EPA undertakes the long process of reviewing – and likely rescinding or weakening – the Clean Power Plan. However, if the court declines to decide the central legal questions in this case now, the same issues would likely have to be re-litigated again after EPA has completed its review. This would add years of unnecessary delay at a time when the urgency of action to mitigate climate pollution has never been greater.

Americans have been waiting for protection from climate pollution from power plants for almost twenty years — with no relief:

  • In 1998, EPA’s General Counsel Jonathan Cannon concluded in a memorandum to the EPA Administrator that EPA has authority to regulate carbon dioxide from power plants under the Clean Air Act – but EPA took no action to address the issue.
  • In 2003, environmental organizations filed a complaint against EPA in federal district court seeking carbon dioxide standards for fossil fuel-fired power plants under section 111 of the Clean Air Act.
  • In 2006, states and environmental organizations filed a legal challenge in the D.C. Circuit to EPA’s failure to establish carbon dioxide standards for power plants under the Clean Air Act.
  • In 2007, the Supreme Court issued its landmark decision in Massachusetts v. EPA, which affirmed that climate pollution is subject to regulation under the Clean Air Act. The D.C. Circuit then remanded the 2006 lawsuit to EPA to address the issue of establishing carbon dioxide standards for power plants.
  • In 2010, states, public health, and environmental organizations reached a settlement with EPA in which the agency committed to finalizing carbon pollution standards for new and existing power plants by 2012 – a deadline that the agency failed to meet.
  • In 2011, the Supreme Court relied on EPA’s authority under section 111 of the Clean Air Act as a basis for dismissing suits filed by states for common law damages against some of the nation’s most polluting power companies — holding that section 111 “speaks directly” to the problem of climate pollution from power plants.
  • In 2015, after almost two years of intensive public outreach and after considering millions of public comments — and using its authority under section 111 of the Clean Air Act — EPA adopted the Clean Power Plan.
  • In 2016, a closely divided Supreme Court voted 5-to-4 to temporarily block the enforcement of the Clean Power Plan pending judicial review of the merits.

Affected communities and vulnerable populations have waited long enough for action to protect our health and climate, while more and more climate pollution is accumulating in the atmosphere. That’s why the court should decide this case now rather than leaving climate protection in long-term legal limbo.

The Urgent Need for Limits on Carbon Pollution from the Nation’s Power Plants

The Clean Power Plan is a common sense climate and public health protection that will carbon reduce pollution from one of the nation’s largest sources, saving thousands of lives each year and protecting the health of all Americans.

The Clean Power Plan gives states and power companies tremendous flexibility in deciding how to reduce carbon pollution, including through cost-effective energy efficiency measures that save families money. Investments in clean energy and energy efficiency are already growing rapidly, employing over three million Americans and bringing hundreds of millions of dollars in revenue each year to low-income and rural areas.

That’s why a strikingly broad and diverse coalition emerged to defend the Clean Power Plan in court. The coalition includes: eighteen states and sixty municipalities; power companies that own and operate nearly ten percent of the nation’s generating capacity; leading businesses like Amazon, Apple, Google, Mars, and IKEA; former Republican heads of EPA; public health and environmental organizations; consumer and ratepayer advocates; faith organizations; and many others.

Coal producers, coal-intensive power companies, and their political allies have waged a massive, years-long litigation effort to thwart any limits whatsoever on climate-destabilizing pollution from power plants. Their campaign recently got an assist when the Trump Administration issued an executive order on March 28 that took aim at the Clean Power Plan and many other vital clean air protections.

In response to that executive order, an extraordinary array of leading businesses, faith leaders, medical associations, state and municipal officials, and other stakeholders have spoken out against the Administration’s threats to climate and health protections or vowed to continue moving towards a low-carbon future.

In recent weeks, dissent has emerged even within the coalition challenging the Clean Power Plan: North Carolina formally withdrew its challenge to the Clean Power Plan on February 23.

Millions of Americans in red and blue states – including a majority of Americans in every Congressional district in the country – support strong action to reduce carbon pollution from existing power plants. This public chorus reflects an understanding of the growing hazards of climate change, which is already affecting public health and well-being in a host of ways.

America has been demanding action from EPA since 2003, has been told multiple times by the Supreme Court that EPA has authority to act, and is now counting on the D.C. Circuit to resolve key legal questions about the scope of that authority. For that reason, our brief argues that the most fair and efficient course of action for the Court is to resolve those questions now.

EPA is Required to Act. It’s Up to All of Us to Make Sure EPA Fulfills That Obligation

Regardless of how the Court rules on today’s filings, a few critical facts will remain unchanged:

  • EPA has a clear legal obligation to protect the public from carbon pollution. The Supreme Court has affirmed EPA’s authority to regulate greenhouse gases under the Clean Air Act three times since 2007, including EPA’s authority to limit carbon pollution from power plants under the Clean Air Act provision that is the basis for the Clean Power Plan.
  • EPA’s carbon pollution standards for new power plants remain in full force and effect. Separate from the Clean Power Plan, EPA adopted carbon pollution standards for new, modified, and reconstructed fossil fuel-fired power plants in August 2015. Although those standards have also been the target of legal challenges by polluters and their allies, the enforcement of those standards has not been blocked by the courts.  They will remain in full force and effect regardless of how the Court acts.
  • EPA can’t roll back the Clean Power Plan or the carbon pollution standards for new power plants without public comment or judicial review. Even if the court declines to issue an opinion and instead suspends the litigation or remands the rule to EPA, the Clean Power Plan would still be the law of the land. Any attempt to withdraw or modify the Clean Power Plan (or the carbon pollution standards for new power plants) would first have to go through the same rigorous public notice and comment process that EPA carefully followed in adopting them. Such changes would also be subject to judicial review in the federal courts, and would be set aside if they are contrary to the Clean Air Act or do not rest on sound technical and policy foundations.

Americans all across the country are demanding an end to the era of unlimited carbon pollution from power plants.

In the face of the Trump Administration’s assault on common sense protections, the Environmental Defense Fund is ready to fight harder than ever for healthier air and a safer climate for our children.

Also posted in Clean Air Act, Clean Power Plan, EPA litgation, News, Policy| Comments are closed
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