Climate 411

Wheeler expected to weaken the Clean Power Plan even as pollution reduction costs are dropping

EPA Acting Administrator Andrew Wheeler is reportedly taking steps to nix the Clean Power Plan– America’s only national limits on carbon pollution from existing power plants – in favor of a weak substitute that does almost nothing to protect us from climate change and would increase harmful pollution that contributes to soot and smog.

There are many reasons why rolling back these life-saving protections makes no sense, but chief among them is that the opportunities to reduce carbon pollution are even greater – and cheaper – now than when the Clean Power Plan was finalized in 2015.

EPA is required to determine the “best system of emission reduction” when regulating pollution under the Clean Air Act, and select an approach that reflects the maximum feasible level of control. A look at the evidence overwhelmingly shows that a legitimate Clean Power Plan replacement would adopt emission reduction targets more ambitious than those in the Clean Power Plan, not less.

Here’s why:

1. Power sector trends have made the Clean Power Plan even more achievable and cost-effective than originally estimated

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Proof that the Clean Power Plan’s strategy for cutting carbon pollution is the industry standard

The public comment period is just about to close on EPA Administrator Scott Pruitt’s reckless attempt to repeal the Clean Power Plan, and thousands of Americans — including mayors, CEOs, energy experts, and citizens concerned about the threats Pruitt’s actions pose to our children’s health and future — have already spoken out in vigorous opposition to the misguided repeal effort.

There is a lot at stake. The Clean Power Plan would prevent 4,500 early deaths and 90,000 childhood asthma attacks each year. It would cut carbon pollution by 32 percent from 2005 levels, and would substantially reduce other harmful air pollutants from power plants.

By slashing air pollution and helping mitigate the threats of climate change, the Clean Power Plan would secure significant benefits to public health while growing the clean energy economy.

Yet, as Pruitt continues his misguided effort to turn back the clock on lifesaving climate protections, momentum is growing in states and the power sector to slash carbon pollution and usher in a clean energy future.

States and companies are moving away from carbon-intensive sources of electricity generation, and are increasing their use of cleaner technologies — deploying the same cost-effective strategies to cut carbon pollution that EPA relied upon when establishing emission reduction targets under the Clean Power Plan. Pruitt’s attempt to repeal the Clean Power Plan is putting this flexible approach to ambitious and low-cost emission reductions under attack.

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Also posted in Clean Air Act, Economics, Energy, EPA litgation, Greenhouse Gas Emissions, News, Policy, Pruitt / Comments are closed

It’s up to us to protect the Clean Power Plan

This week is a crucial moment for climate progress.

EPA Administrator Scott Pruitt is moving ahead in his efforts to revoke the Clean Power Plan, one of our most important efforts to tackle the climate crisis. The Clean Power Plan provides our only national limit on carbon pollution from existing power plants — America’s largest stationary source of carbon pollution.

EPA’s public comment period for Pruitt’s plan to repeal Clean Power Plan will close this Thursday.

Americans have only a short time left to raise their voice to oppose this reckless rollback. You can make your voice heard here.

Here’s what’s at stake

The Clean Power Plan helps us achieve approximately 32 percent reductions in carbon pollution from existing power plants compared to 2005, while also substantially reducing other harmful pollution from power plants.

EPA estimates that the Clean Power Plan would prevent an estimated 90,000 childhood asthma attacks and as many as 4,500 early deaths each year once fully implemented. These public health benefits would be imperiled if Pruitt succeeds in repealing this vital protection.

Public health experts, business voices and local leaders oppose revoking the Clean Power Plan

The American Lung Association joined with seventeen other public health organizations to denounce the Clean Power Plan rollback, calling it “inconsistent with EPA’s core mission of protecting public health and the environment” and highlighting that “the health impacts of climate change demand immediate action.”

Apple Inc. recently urged Pruitt not to repeal the Clean Power Plan, noting it “gives domestic companies a competitive edge” and that based on Apple’s extensive experience as a large energy consumer “the Clean Power Plan provides achievable targets with no adverse impact on [electricity] reliability or resiliency.”

244 mayors from 48 states and territories, representing 52 million Americans, sent a letter to Pruitt stating:

“[W]e strongly oppose the repeal of the Clean Power Plan, which would put our citizens at risk and undermine our efforts to prepare for and protect against the worst impacts of climate change.”

In a recent poll, 70 percent of registered voters in America supported setting strict limits on carbon pollution produced by coal-fired power plants.

We’ve kept a list of quotes opposing the Clean Power Plan rollback, affirming a commitment to combating climate change, and supporting strong action to invest in clean energy solutions. It includes quotes from elected leaders, business leaders, consumer advocates, faith leaders, and more — you can read it in full here.

Even more climate progress is possible

More and more evidence shows that achieving the Clean Power Plan’s goals will be even cheaper than expected. Yet Pruitt’s proposal to repeal the Clean Power Plan is using underhanded accounting gimmicks to inflate his estimate of compliance costs.

If anything, lower than expected costs and the alarming pace of climate impacts mean the Clean Power Plan’s targets should be stronger.

Who benefits from a rollback? Pruitt’s political allies

Pruitt has been all over the news lately for his cozy relationships with lobbyists, lavish spending, and other self-aggrandizing abuses of his office. All these reports underscore that his first priority is not the well-being of the American public.

It’s no surprise to hear that organizations that helped fund Pruitt’s political ambitions received extensive contributions from Clean Power Plan opponents, including $25,000 from coal company Murray Energy just one month before the D.C. Circuit Court heard the Clean Power Plan oral argument.

Scott Pruitt built his political career by suing relentlessly to block EPA safeguards — including filing four separate lawsuits to oppose the Clean Power Plan. Pruitt’s proposal to repeal the Clean Power Plan would serve his political and financial backers at the expense of the health and safety of American families.

The time to speak up is now

The window for public input opposing this senseless decision will close this Thursday, April 26. Join with Americans across the country to voice your opposition by clicking here.

Also posted in EPA litgation, News, Policy, Pruitt / Comments are closed

Mayors across the country announce their opposition to repealing the Clean Power Plan

(EDF’s John Bullock co-authored this post)

236 U.S. Mayors just added their voices to the growing chorus that opposes rolling back the Clean Power Plan.

The mayors represent more than 51 million Americans from 46 states, Washington D.C. and Puerto Rico.

They just sent a letter to Environmental Protection Agency Administrator Scott Pruitt saying:

“[W]e strongly oppose the repeal of the Clean Power Plan, which would put our citizens at risk and undermine our efforts to prepare for and protect against the worst impacts of climate change.”

The Clean Power Plan establishes the first-ever nationwide limits on carbon pollution from power plants. It is the most significant measure to address climate change that our country has taken so far.

Pruitt is now trying to roll back the Clean Power Plan, which would be a huge retreat from EPA’s duty to protect Americans from the increasingly urgent threat of climate change.

Repealing the Clean Power Plan would rob the public of its enormous public health benefits. The Clean Power Plan would prevent 3,600 premature deaths, 90,000 childhood asthma attacks, and 300,000 missed school and workdays every year once fully implemented.

The mayors’ letter is just the latest example of the Clean Power Plan’s broad popularity.

In a recent poll, almost 70 percent of Americans — including a majority in every Congressional district — supported setting strict limits on carbon dioxide produced by coal-fired power plants.

And, since Pruitt first proposed repealing the Clean Power Plan, other Americans – state leaders, public health groups, faith leaders, consumer representatives, and concerned citizens – have spoken out.

We’ve kept a list of quotes opposing the Clean Power Plan rollback, affirming a commitment to combating climate change, and supporting strong action to invest in clean energy solutions. You can read the full – and lengthy – list here.

Here are just a few of the comments from America’s elected leaders:

  • “We already get nearly a third of L.A.’s energy from renewable sources, and we're pushing hard to get that number to 100 percent. The Clean Power Plan makes that kind of progress possible everywhere in America, and the President should leave it in place today so that we can build on that momentum tomorrow.” – Los Angeles Mayor Eric Garcetti, chair of Climate Mayors – the group that organized the letter to EPA.
  • “We have dramatically cleaner air and we are saving money. My question to the EPA would be, ‘Which part of that don’t you like?’” – Colorado Governor John Hickenlooper
  • “The Trump Administration’s constant assault on our environment will not diminish Minnesotans’ resolve to build a vibrant clean energy economy.” – Minnesota Governor Mark Dayton
  • “The Trump Administration's move to dismantle the Clean Power Plan is a reckless decision that gives power plant operators free reign to do what they will without any concern for our climate … Climate change is a profound threat to our planet, and it cannot be wished away by denial. There is no denial here in New York.” – New York Governor Andrew Cuomo
  • "I am deeply disappointed in the repeal of the Clean Power Plan rule. Oregon will not turn its back on the environment or the thousands of jobs that have been created through the clean energy industry … [W]e’re stepping up, as the federal government steps down from its leadership role in tackling climate change." – Oregon Governor Kate Brown
  • “President Trump has failed his climate IQ test with the repeal of the Clean Power Plan. He is giving up on the economic opportunity that would be unleashed by deploying clean energy technologies in every state of the union.” – Senator Ed Markey of Massachusetts
  • “Protecting our environment is critical to our people, businesses & way of life in NH. Scrapping the Clean Power Plan is completely backward.” – Senator Maggie Hassan of New Hampshire
  • “We should meet the challenge of taking on climate change with a state-federal partnership to cut carbon pollution, not walk away from it.” – Senator Tammy Baldwin of Wisconsin
  • “At the heart of today’s Clean Power Plan decision is one of the cruelest deceptions perpetrated in politics today: telling the American people that clean air protections are responsible for reduced demand for coal and that getting rid of those protections will create tens of thousands of coal jobs. Both are false.” — Representative John Yarmuth of Kentucky
  • “By repealing the #CleanPowerPlan, the Trump administration jeopardizes our health & safety, economic competitiveness, & global leadership.” – Representative Brendan Boyle of Pennsylvania
  • “Rescinding the Clean Power Plan will hurt our environment and isolate us on the international stage. The actions today by [Scott Pruitt] do not move us in the right direction toward protecting the planet for our grandchildren.” – Representative Gene Green of Texas

It’s not just elected officials. Here are some notable comments from other experts:

  • “The Trump administration has mangled the costs and benefits of one of the most significant climate regulations of the Obama years in an effort to justify its repeal … these methodological contortions are meant to obscure a very basic truth: that any ‘savings’ achieved by rescinding the Clean Power Plan will come at an incredibly high cost to public health and welfare. If the Trump administration is willing to make that trade, it should at least have the courage to admit it.” – Richard Revesz, Dean Emeritus of New York University Law School, and Jack Lienke, regulatory policy director at the Institute for Policy Integrity
  • “If Trump and Pruitt do succeed in dismantling the Clean Power Plan, people will die. Thousands and thousands of Americans will suffer adverse health effects. And the costs will far outweigh the benefits. Don’t take my word for it, though. Take Scott Pruitt’s. Remarkably, Pruitt’s proposed rollback actually concedes that the health-related costs of abandoning the Clean Power Plan are likely to be staggering.” – Eli Savit, Adjunct Professor of Law, University of Michigan Law School
  • “The energy future is renewables. That is why I led the American Sustainable Business Council effort to file an amicus brief on behalf of that organization and 23 other business organizations in support of the Clean Power Plan.” – Frank Knapp, South Carolina Small Business Chamber of Commerce
  • “The United States has been a leader in environmental policies that move our country and the rest of the world forward. The repeal of the Clean Power Plan represents a major step backwards – one that is deeply harmful to creation and disproportionately unjust to vulnerable groups … [W]e have a mandate from our Creator to steward the earth well and care for creation. We are also called to love and care for our neighbors as ourselves. Allowing carbon emissions that have been proven harmful to pollute the atmosphere without limit is morally wrong and rationally illogical.” – Reginald Smith, Christian Reformed Church
  • “Faithfulness to these commands in a warming world requires that we care for God's good world and that we show compassion to those whose very lives are threatened by a changing climate. If our political leaders, many of whom confess our faith, will not take the action necessary to respond to these commands, then the rest of us will." – Kyle Meyaard-Schaap, Young Evangelicals for Climate Action
  • “The decision to repeal the Clean Power Plan is a direct attack on our health. In the face of this atrocity, our most vulnerable communities will suffer increased adverse health effects from power plant pollution.” – Adrienne Hollis, WE ACT for Environmental Justice
  • “The League is appalled at this irresponsible decision that will have a long-term devastating impact on our planet and health of the American people.” – Chris Carson, president of the League of Women Voters
  • “Repealing the rule … is a historic step backward. But it’s just the latest move from an administration singularly hostile to environmental and climate protections. Like the decision to leave the Paris Agreement, the White House’s action signals to the world that the United States is unwilling to take the responsibility that comes with being one of the planet’s largest carbon emitters. Nor does it seem like the White House is willing to acknowledge the economic opportunities that come with climate action.” – Brian Sewell, Appalachian Voices
  • “The rollback of the Clean Power Plan (CPP) represents one of the biggest policy errors of this still-young administration — which is saying a lot, considering the record. The action holds out the false promise that the government can save a dying industry by defying common-sense rules to curb harmful emissions from coal-fired plants. That’s like trying to stop the sun from shining or the tide from rolling in.” – Miami Herald Editorial Board

(This post was updated on 3/21/18)

Also posted in Clean Air Act, Greenhouse Gas Emissions, Health, News, Partners for Change, Policy / Read 2 Responses

Emails indicate Scott Pruitt directed removal of climate info from EPA website

At EDF, we recently gained access to some newly-released emails that provide a troubling glimpse of the efforts to remove information about climate change from the U.S. Environmental Protection Agency’s (EPA) website.

The emails were released under the Freedom of Information Act (FOIA), and center on EPA’s website purge of April 2017. They indicate that Administrator Scott Pruitt personally directed efforts to prevent the public from accessing many climate-related EPA web pages.

Along with webpages about climate change and climate science, the purge removed the webpage about the Clean Power Plan — the most significant action that the U.S. has ever taken to address climate change. Gone was information about the Clean Power Plan’s benefits – the lives it would save, the childhood asthma attacks it would prevent, and the way it would bolster America’s overall strategy for combating climate change. Also gone were supporting materials, including EPA’s legal memorandum accompanying the Clean Power Plan and an array of documents presenting the rule’s technical underpinnings.

Instead, the URL for the Clean Power Plan redirected visitors to a page featuring President Trump’s “Energy Independence” executive order.

Emails refer to Pruitt’s personal involvement

In early April 2017, Lincoln Ferguson, a senior adviser to Pruitt, indicated that Pruitt directly ordered the website change.

Ferguson asked in an email:

“How close are we to launching this on the website? The Administrator would like it to go up ASAP. He also has several other changes that need to take place.” (File 2, p. 23)

J.P. Freire, then serving as Pruitt’s Associate Administrator for Public Affairs, responded:

“You can tell him we . . . are just finishing up.” (File 2, p. 23)

Ferguson wrote back:

“Can it happen today?” (File 2, p. 26)

Ferguson quickly followed up to emphasize Pruitt’s personal interest:

“Just asking because he is asking…” (File 2, p. 23)

Scrubbing all traces of the Clean Power Plan

J.P. Freire was emphatic that all Clean Power Plan references should link to the new page about Trump’s executive order.

In a discussion about the new page, he wrote:

“This looks great, and should be on the page for the Clean Power Plan. Any reference to the Clean Power Plan, any link to it, should redirect here.” (File 2, p. 23)

The emails also suggest EPA staff were directed to manipulate search results. Website visitors searching for information about the Clean Power Plan would be diverted to the page promoting Trump’s executive order — instead of what they were actually looking for.

In one conversation, an EPA staff member stated:

“I’ve been asked about search results for the term ‘Clean Power Plan.’”

A colleague responded:

“We can make the Energy Independence homepage a ‘Best Bet’ and thus the first result for Clean Power Plan for our EPA Search engine if you request it.” (File 1, p. 84)

A separate conversation among EPA staff demonstrated just how determined J.P. Freire was to undermine access to the Clean Power Plan page. In that discussion, an EPA staff member recounted a discussion with a colleague about Clean Power Plan search results:

“[S]he said JP wanted to know if ALL of those pages could be redirected.” (File 1, p. 298)

Keeping Americans in the dark, thwarting democratic processes

The website purge at EPA made it harder for the public to access vital information about climate change and public health. It also stymied the public’s ability to engage in democratic processes.

We are currently in the midst of the public comment period on Pruitt’s proposed repeal of the Clean Power Plan, but the website purge has obscured access to information about the rule’s purpose and its tremendous benefits for public health and climate security – possibly impeding commenters.

The Environmental Data and Governance Initiative, which tracks changes to federal websites, has written:

“Anyone valuing the idea of democratic policymaking should demand that public Web resources relevant for regulations should remain readily accessible to the public.”

The website purge reinforces serious concerns that Pruitt has predetermined that he will repeal the Clean Power Plan, and the current rulemaking process is a sham. Instead of listening to the public with an open mind, these emails suggest that Pruitt is personally and directly thwarting meaningful public participation.

The removed webpages are still accessible through various EPA archives, but the archives are a poor substitute. They don’t show up in a search of the EPA website. They’re harder to find with certain search engines, including Google. And they are no longer being updated, which is especially problematic for cutting-edge pages like EPA’s overview of climate science.

The website purge fits Pruitt’s troubling pattern of ruling EPA under a cloak of secrecy. That’s no way to run an agency entrusted with protecting the public health and environment. As part of EDF’s commitment to shining a light on EPA actions, we’ve made these records publicly available in their entirety. We encourage you to contact us if you would like to share observations about the records.

Also posted in EPA litgation, News, Policy / Comments are closed

The fight for transparency and accountability at EPA

This blog was co-authored by Surbhi Sarang, EDF Legal Fellow.

Since taking the helm at the Environmental Protection Agency (EPA), Scott Pruitt has attempted to hide his activities from scrutiny by limiting the public’s access to information.

He has ended the decades-long, bipartisan practice of releasing the daily schedules of top agency leadership, removed EPA webpages, and announced harmful policies close in time with private meetings with lobbyists from affected industries.

EDF has been at the forefront of efforts to promote transparency and accountability at EPA. That’s why we just filed a lawsuit to compel EPA to comply with its legal duty to release public records under the Freedom of Information Act (FOIA).

Scott Pruitt’s record of secrecy and ethical conflicts

Scott Pruitt’s opaqueness and secrecy have sharply contrasted with basic principles of good government.

Under the Ethics in Government Act of 1978, the Office of Government Ethics issued regulations for executive branch employees:

To ensure that every citizen can have complete confidence in the integrity of the Federal Government.

Among other requirements:

Employees shall act impartially and not give preferential treatment to any private organization or individual” and “shall endeavor to avoid any actions creating the appearance that they are violating the law or . . . ethical standards.

The Office of Government Ethics titled this regulation the “basic obligation of public service.”

Pruitt and his senior leadership have raised serious questions as to whether they are abiding by these principles.

In just one example, earlier this summer thirteen state Attorneys General formally objected to a guidance letter in which Pruitt expressed his flawed, misleading opinion about a crucial issue in litigation over the Clean Power Plan — America’s only nationwide limits on carbon pollution from existing power plants.

The Attorneys General wrote that Pruitt’s conduct was “inconsistent with his agreement not to participate in the litigation,” given that he repeatedly sued EPA over the Clean Power Plan when he served as Attorney General of Oklahoma.

Pruitt also discontinued the practice of releasing his schedule, along with the schedules of senior leadership.

The bipartisan practice of releasing schedules stretches back decades and was initiated expressly:

In order to make the public fully aware of [the Administrator’s] contacts with interested persons.

Following months of public pressure and more than 60 FOIA requests, Pruitt finally released a partial public account of his schedule. But that account provides only a minimal level of detail of how and with whom Pruitt spends his time.

Pruitt later released a more detailed appointments calendar, but it covered a limited date range and included many redactions worthy of additional scrutiny. And neither of those releases provides any transparency for other EPA senior officials.

To obtain any more information about how EPA leadership spends its time, EDF’s only recourse has been to demand the release of these public records under FOIA.

EDF’s efforts to promote transparency and accountability

EDF is taking action to protect important standards of transparency and accountability at EPA — and to keep the public informed about policymaking that directly impacts the health and environment of all Americans.

Our lawsuit concerns three FOIA requests that directly address the integrity of EPA’s operations. For each request, EPA’s legally mandated deadline for providing a response is several months overdue, despite EDF’s extensive outreach to EPA over many months in an effort to elicit the requested records.

The first request seeks records related to the ethics agreement that Pruitt signed shortly after his nomination to lead EPA, in which he outlined:

[S]teps that [he] will take to avoid any actual or apparent conflict of interest.

We submitted this FOIA request in January 2017 – more than nine months ago.

Pruitt’s ethics agreement diverged from the standard language used by the Office of Government Ethics – even though Pruitt’s longstanding and very public opposition to a litany of EPA’s public health and environmental safeguards calls into question his ability to be impartial, particularly on matters in which he represented Oklahoma and long ago took fixed positions. Since taking the oath of office as Administrator, Pruitt has actively tried to undermine public health and environmental protections — like the Clean Power Plan — and has proposed to repeal protections that he had long attacked while Attorney General of Oklahoma.

Our FOIA request seeks records pertaining to the evaluation of Pruitt’s actual or potential conflicts of interest, including any analysis that informed his ethics agreement.

The second request is for records related to Pruitt’s and his senior managers’ schedules.

The most complete information we’ve received so far on Pruitt’s activities is only a select snapshot released through a FOIA request. That snapshot contains more than 100 redacted calendar appointments, and only runs through mid-May.

Even this limited information reveals the special access granted to polluter lobbyists — many of whom come from industries that have supported Pruitt’s political career for years. A more comprehensive release, including the calendars of senior EPA managers, would provide a fuller picture of the constituency that Pruitt and his political staff are serving.

The third request is for public documents related to threats to scientific integrity at EPA.

EDF requested these records in light of the Trump Transition Team’s efforts to single out civil servants at the Department of Energy who worked on climate science and policy. Since we submitted this FOIA request more than seven months ago, subsequent events — including the removal of EPA’s Climate Science website, scientific distortions that accompanied the proposal to repeal the Clean Power Plan, threatened efforts that would compromise the integrity of EPA advisory boards, and the muzzling of EPA scientists who were scheduled to deliver public presentations on climate change — have only increased the urgency of providing public access to records about the treatment of scientific integrity at EPA.

EDF will continue working to protect transparency and accountability at EPA by supporting Americans’ ability to access information about health and environmental policies, and by shining a light on the Trump Administration’s attacks on vital safeguards for families and communities across America.

Also posted in Clean Air Act, EPA litgation, Policy, Setting the Facts Straight / Comments are closed