Selected category: Cars and Pollution

The accelerating market for zero emission trucks

Tesla Semi prototype. Photo: Smnt, Creative Commons

The recent reveal of the Tesla semi-truck is  garnering  attention for the role zero emission vehicles can play in the future of trucking.

Much of the excitement around zero emission trucks stems from the fact that medium-and-heavy duty trucks – critical tools of our modern economy that operate daily in our neighborhoods and communities — have outsized environmental and health impacts.

Trucks today emit dangerous pollutants, including:

Zero emission vehicles are exciting because of their ability to drive progress on all of these pollutants simultaneously.

A clear indicator of the emergence of zero emission trucks is the plethora of recent product announcements from major manufacturers:

Multiple large manufacturers are investing in electric trucks because they recognize a robust, long-term market for these products. These investments reinforce each other by building resilient supply chains, industry knowledge, and production scale.

Most zero emission truck announcements have been for urban or regional vehicle platforms. Urban areas stand to benefit greatly from the significant reduction in local air pollution offered by zero emission trucks because cities’ density means that many people will get to breathe cleaner air. Buses and delivery vehicles typically have modest daily range demands and predicable charging patterns.

Drayage vehicles should be another high-priority for electrification. These trucks run cargo in and out of marine ports and railyards, frequently traversing dense urban neighborhoods. Often these vehicles are among the oldest and highest polluting trucks on the road. Replacing them with zero emission solutions provides critical local air quality benefits to overburdened communities while also driving meaningful greenhouse gas reductions. In fact, the U.S. Environmental Protection Agency estimates that up to 1,200 pounds of nitrogen oxides  and more than 100 pounds  of particulate matter could be reduced annually by replacing an old diesel drayage truck with a zero emission vehicle. More than 12 tons of carbon dioxide would also be reduced each year.

Zero emission solutions are needed for freight operations too. A recent ICCT analysis found wide-scale adoption of electric tractor-trailers in Europe would reduce climate emissions by 115 million tons in 2050 beyond a scenario that relied solely on maximizing diesel truck efficiency. The analysis illustrates a crucial point – in order to get the largest clean air and climate benefits from freight trucks, we will need both zero emission trucks and significantly more fuel efficient diesel trucks. Each vehicle configuration has an important role to play.

The U.S. Clean Trucks program, extended and strengthened in 2016 by the Obama Administration, is a model that other countries can follow for driving efficiency improvements. It sets long-term, protective standards. The latest round of the standards will cut more than a billion tons of carbon emissions and save truck owners $170 billion dollars. The program enjoys broad support among manufacturers, fleets, shippers and clean air advocates.

The Trump Administration has taken aim at key Clean Truck program provisions that drive improvements in trailer design and close a loophole for super-polluting trucks. Defending the popular and effective program from these pernicious attacks must be an imperative for the freight industry. No company wants its freight hauled by a truck that spews 40 times more pollution or contributes to an additional 1,600 premature deaths annually. Electric semi-trucks will of course be pulling trailers. These trailers will need to be designed with fuel efficiency in mind if electric semi-trucks are to deliver on their full potential.

Zero emission freight trucks need to be operated in a manner that minimizes lifecycle emissions across the entire freight system. Thus, green freight best practices are relevant for zero emission vehicles too. These vehicles will need to complement use of freight rail, which emits more than 80 percent less carbon per ton mile than conventional trucks. They will need to be regularly run with full loads to minimize lifecycle emissions per ton mile. They should be charged primarily by renewable energy. All of these actions, made by fleets, will be influenced by the demands of cargo owners.

It is time for companies and communities to pay attention to these zero emission solutions. These trucks have a clear near-term role in urban delivery. Embracing low and zero emissions drayage solutions will provide immediate and significant human health benefits for communities near ports and railyards. In the years ahead, ZEVs will even have a role in longer-haul operations.

Also posted in Health, News| Comments are closed

EPA's Pruitt Tries to Open a Loophole to Allow Super-Polluting Trucks on Our Roads

Have you ever seen a truck belching black soot as you drive on the highway and wondered, “isn’t that level of pollution illegal?”

We see less and less of that these days, thanks to common sense standards from the Environmental Protection Agency (EPA) that protect us from this harmful, excessive pollution.

But that progress is now at risk. The current EPA Administrator, Scott Pruitt, is trying to reopen a loophole that would allow the sale of super-polluting trucks that lack modern pollution controls.

The trucks in question are called “glider trucks.” They look new – but their engines are old and polluting. Anyone who likes to breathe air should be concerned.

Loophole would risk as many as thousands of lives a year

Pruitt’s proposed loophole would allow the sale of glider trucks – new trucks with old engines installed in them – without any modern pollution controls.

These super-polluting trucks emit harmful soot and smog-causing pollutants – including oxides of nitrogen, particulate matter, and cancer-causing diesel particulate – at a rate as much as forty times that of new engines. By 2025, glider trucks would comprise just five percent of the nation’s truck fleet, but they would cause one third of the air pollution.

Data that Pruitt’s own agency has collected shows that reopening the loophole could result in as many as 6,400 premature deaths by 2021 from oxides of nitrogen and particulate matter pollution. That assessment is actually conservative, as it doesn’t account for the health harms from cancer-causing diesel particulate pollution or from smog formation caused by these super-polluting trucks.

Benefiting the worst polluters at the expense of responsible companies

Pruitt’s action to reopen this loophole goes against the stated wishes of other truck manufacturers and dealers, who responsibly invested in pollution control equipment and depend on a level playing field for the well-being of their businesses and the Americans they employ.

For example, truck dealership Nuss Trucks commented that:

The original intent of selling gilder [trucks] has moved from a rebuilding mechanism to now mainly evading diesel emissions EPA mandates.

Volvo, the manufacturer of MAC Trucks, noted that the availability of “glider trucks” is creating:

an unlevel playing field for manufacturers of new vehicles designed and certified to be compliant to all current emissions, fuel efficiency, and safety regulations.

So why is Pruitt giving the glider industry special treatment over responsible trucking companies — and over the health of American families?

As recently reported by the Washington Post, Pruitt granted a glider industry request to reconsider the standards after a meeting with a major glider manufacturer in May.

That same manufacturer prominently hosted an event for Donald Trump early in his presidential campaign.

Super-polluting trucks are designed to evade pollution controls

Historically, only a few hundred glider trucks were sold each year. They were typically produced by truck repair shops when a customer wanted to salvage the undamaged engine from a wrecked truck by installing it into a new frame.

But after pollution limits on heavy-duty freight engines were updated in 2010, a small handful of companies recognized a loophole – an opportunity to sell old, dirty engines in new frames, and thereby evade modern pollution standards. The result was mass production of super-polluting trucks that do not come close to meeting current emission standards.

Glider truck manufacturers created a market that didn’t exist before 2010. They made a business out of sourcing large numbers of old, high-polluting engines to sell in new trucks, with sales likely surpassing 10,000 a year in the last few years. The pre-2002 engines they mainly use have essentially no air pollution controls, and cause the classic puff of black diesel smoke you hated to be stuck behind in traffic. (And with good reason, as diesel particulate is known to cause lung cancer.)

EPA took action in 2016 to close the loophole and bring glider truck sales back to pre-2010 levels.

The agency took pains to cause as little disruption as possible while still meeting its responsibility under the Clean Air Act to protect public health and welfare. It phased in the glider truck standards over a period of several years, and never outright banned the sale of glider vehicles (since it recognized the benefit to truckers in being able to salvage the engine from a damaged truck).

Under EPA’s common sense actions to close the loophole, beginning in 2018, glider manufacturers must cap production of high-polluting vehicles at 300 annually beginning in 2018. They may continue to produce additional glider vehicles as long as those meet the modern air pollution controls that all other manufacturers already have to meet.

A decision with devastating consequences for our health  

Pruitt announced his intent to revisit the just-closed loophole in August of this year. He has now released a new proposal to repeal emission requirements for these super-polluting trucks, indicating that he is moving forward with his regressive plan to reopen this loophole and put thousands of lives at risk.

Pruitt’s attempt to repeal these important safeguards reeks of political cronyism, and is being done at the expense of public health. Families and communities across America will be exposed to the dangerous pollution from thousands more of these dirty trucks on our highways. We all deserve better – especially from EPA, the agency with the core mission of protecting us from pollution.

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

Americans speak up for clean cars at EPA public hearing

A public hearing today on EPA Administrator Scott Pruitt’s effort to reverse America’s Clean Car Standards drew widespread support for keeping the protections in place.

I got the chance to join more than a hundred people who signed up to testify at the Washington, D.C. hearing – and they overwhelmingly spoke in favor of the Clean Car Standards and praised the benefits they provide for climate security and economic prosperity for our communities and families. (You can read my full testimony here.)

The American public stands to lose vital benefits if the Clean Cars Standards are reversed

The Clean Car Standards are already at work reducing climate pollution, driving innovative new technologies, improving our energy security, and saving American families money at the gas pump. But last month, the Trump Administration announced formal steps to begin reconsidering the existing standards for cars and passenger trucks for model years 2022 to 2025 – which could stop that progress.

Under the standards already in place, people who buy a new car or truck in 2025 would save thousands of dollars on fuel over the lifetime of those vehicles. In total, EPA projects that consumers would save more than $1 trillion because of the standards.

The 86 percent of Americans who finance their vehicle with a five-year loan are expected to immediately realize the cost savings from cleaner, more efficient vehicles. This is true even with recent lower gas prices.

Meanwhile, the Clean Car standards would reduce America’s oil consumption by two million barrels per day by 2025 – more than we import from any single country other than Canada. According to Ret. Lt. General Richard Zilmer:

Over-reliance on oil ties our nation to far-flung conflicts, sends our troops into harm’s way, and endangers them once they’re in conflict zones. Ensuring that the cars and trucks we drive every day go farther on every gallon of gas makes our nation stronger.

The Clean Car program would also eliminate an estimated six billion metric tons of carbon pollution over the life of the vehicles subject to the standards, which is more than a year’s worth of U.S. carbon emissions.

We’re making progress faster and cheaper than expected

EPA’s recent rigorous evaluation of the existing standards found that technologies are developing more quickly and at even lower costs than EPA originally projected – making the standards for the later model years appropriate and even more feasible than was first thought.

Per vehicle compliance costs are significantly lower than those projected in 2012 ($252 lower for cars and $197 lower for trucks as compared to 2012 projections).

 

 

Both the U.S. and world automotive markets are moving forward

Reopening the final Clean Car Standards will create uncertainty, slow innovation and hurt U.S. economic leadership.

Auto manufacturers have strongly recovered from the 2008 recession while increasing vehicle efficiency and cutting pollution

During the height of the economic recession in 2008, the American auto industry was on the verge of collapse. This prompted the Obama Administration to develop a bailout package for the industry, which provided the boost the industry needed to help rebound.

Last year, drivers in the United States bought more cars than ever before – roughly 70 percent more vehicles than during the recession – as fuel economy rose to its highest levels yet.

In total, the auto industry has added nearly 700,000 direct jobs since the recession – supporting several million indirect jobs throughout the economy. Auto manufacturing jobs account for 40 percent of all net jobs added in U.S. manufacturing since the recession.

In a letter supporting EPA’s proposal to reaffirm the Phase 2 standards, the United Auto Workers (UAW) 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.

Today, the auto industry directly employs millions of Americans and employment at auto dealerships is at its highest level ever. Automakers have recognized this strong financial performance in recent annual reports:

Our solid business results included record profits and an increased worldwide market share. Overall, we achieved our sixth consecutive year of both profit and positive operating-related cash flow, which enabled us to distribute $2.5 billion to our shareholders and grow our regular dividend by 20 percent. – Ford 2015 Annual report, Letter from Executive Chairman William Clay Ford, Jr.

2016 was the best year in its history of more than 130 years. — Daimler 2016 Annual Report, Chairman’s Letter

[Fiat Chrysler] closed 2016 with another record financial performance … all of our segments were profitable and showed improvement over the prior year. – FCA 2016 Annual Report, Letter from the Chairman and the CEO

As so many testified today, Americans want to move forward on clean cars.

At EDF, we're committed to holding Administrator Pruitt accountable if he recklessly rolls back these common sense standards. We hope you'll join us and take action for Clean Cars.

Also posted in Economics, Greenhouse Gas Emissions, Jobs, News, Policy| 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 Economics, Energy, Green Jobs, Greenhouse Gas Emissions, Jobs, News, Partners for Change, Policy| Comments are closed

Take these first steps to lower your impact on climate change

Happy Earth Day

The average household in the United States emits almost 100,000 pounds of carbon dioxide per year. That is about the same weight as 10 adult African elephants.

Earth Day is tomorrow, and at this time of the year, many of us are thinking about those kinds of facts. We wonder how we can personally help the climate by reducing our individual impacts.

A simple internet search will yield a laundry list of actions that may be overwhelming, and often will be far less than satisfying. You may find suggestions that are not indicative of the actual size of your impact (turning off your lights versus not flying from east to west coast, for example – they are not equivalent). You may also find information that is irrelevant to your specific lifestyle (for example, the recommendation to cut out meat when you are already a vegetarian).

Because each of our lives is unique (click here to see how carbon footprints vary by zip code), we really need to have a good understanding of our personal and professional impacts on the climate before we can determine good actions to take, and choices to make, to reduce those impacts.

Here is a table with some great resources, to help you get started:

 

PERSONALPROFESSIONAL
Calculate your carbon footprint AND determine specific actions you can take to reduce your impactUse this calculator to:

1. Determine your personal carbon footprint (broken down by travel, housing, food, goods, and services)

2. Develop your unique action plan tailored to your personal impacts (includes emissions saved, dollars saved, and upfront costs)
Use this calculator to:

1. Determine your business carbon footprint (broken down by travel, facilities, and procurement)

2. Develop your unique action plan tailored to your business impacts (includes emissions saved, dollars saved, and upfront costs)
Make better choicesLearn how to save energy and money at home, on the move, at the store, in the yard, at the curb, and at work
Learn how to be more energy efficient at home, in buildings, and in plants, and to buy more efficient products and new homes.
Also posted in Energy, Greenhouse Gas Emissions, Partners for Change, Science| Comments are closed

The Tenth Anniversary of Massachusetts v. EPA

U.S. Supreme Court

If it feels like we’re being inundated with bad news about federal climate policy, here’s a cause for hope – today marks the tenth anniversary of the Supreme Court’s decision in Massachusetts v. EPA, one of the most important environmental cases in our nation’s history.

The Supreme Court’s landmark decision in Massachusetts came when the U.S. Environmental Protection Agency (EPA) under the George W. Bush administration was refusing to carry out its responsibilities under the Clean Air Act to address climate pollution.

The case arose from a petition filed in 1999 by citizens, conservation and environmental groups that asked EPA to limit climate pollution under the Clean Air Act. But under President Bush, EPA disavowed its obligation to address climate pollution. At the time, EPA relied on the dubious argument that dangerous climate pollutants emitted into the air somehow didn’t qualify as “air pollutant[s]” under the statute.

Massachusetts, states, cities and a coalition of environmental organizations – including EDF –sought judicial review of that decision, and on April 2, 2007, the Supreme Court rejected EPA’s unlawful claim, ruling that carbon dioxide and other greenhouse gases qualified as air pollutants “without a doubt … The statute is unambiguous.”

The Supreme Court also forcefully rejected the Bush EPA’s “laundry list of reasons” not to address climate pollution. The high Court held that protection of human health and the environment from air pollution under our nation’s clean air laws — including protecting the millions of Americans afflicted by the clear and present danger of climate change — must be rooted in science, not politics or expediency.

This historic Supreme Court decision settled that addressing climate pollution is EPA’s responsibility in carrying out the Clean Air Act, holding:

[G]reenhouse gases fit well within the Clean Air Act’s capacious definition of ‘air pollutant.’

Protecting Americans from climate pollution — dangerous air pollution — is the intent, is the purpose, and is provided for under our nation’s vibrant bipartisan clean air laws.

In honor of Massachusetts v. EPA’s tenth anniversary, let’s celebrate this firm and enduring Supreme Court decision and the real-world benefits it has for millions of Americans — and let’s prepare to defend the vital safeguards that followed it. We also celebrate signs of climate progress across society, such as the more than 1,000 businesses and investors that have committed to addressing climate change through implementation of the Paris Climate Agreement. 

Climate Protections under Massachusetts v. EPA

As it turns ten, Massachusetts v. EPA is more relevant than ever. To carry out its responsibility to protect human health and the environment from dangerous climate pollution, EPA has established common sense limits on the pollution discharged from tailpipes, smokestacks, and oil and gas development activities. These actions are fundamental to our nation’s response to climate change and provide enormous health, economic, and environmental benefits to the American people.

Once Clean Cars Standards are fully implemented in 2025:

  • Increased efficiency will provide savings of more than $8,000 in gasoline over the lifetime of a vehicle, compared to a similar vehicle in 2010. Across America, the Clean Cars Standards will save Americans more than $1 trillion at the pump.
  • Americans will have saved 12 billion barrels of oil, increasing U.S. energy security.
  • When new cars are purchased with financing—as they are for most Americans—the fuel savings produce immediate net benefits for American consumers.
  • The auto industry has been beating these standards while adding jobs and achieving record vehicle sales.

Under EPA’s Clean Trucks Standards:

  • Over the lifetime of vehicles covered by the Phase 1 Standards (model years 2014-2018), the standards will save 530 million barrels of oil and yield fuel savings of $50 billion. An operator of a large freight truck is expected to have net savings up to $73,000 over the useful life of a new truck.
  • Over the lifetime of vehicles covered by the Phase 2 Standards (model years 2019-2029), the standards will reduce 1 billion tons of carbon pollution, save nearly 2 billion barrels of oil and save truck owners $170 billion in fuel costs. The Phase 2 benefits are in addition to the benefits of simply leaving the Phase 1 Standards in place.
  • These fuel cost savings will save hard-earned money for truckers and U.S. consumers alike. The Consumer Federation of America found that rigorous fuel economy and climate pollution standards could save American households $250 annually in the near term and $400 annually by 2035 on goods and services.

Once the Clean Power Plan — our first and only national limits on climate pollution from existing power plants — is fully implemented:

  • Americans will breathe cleaner air, which will prevent up to 3,600 premature deaths and 90,000 childhood asthma attacks every year.
  • Average electric bills could decline by as much as 11 percent, due in part to cost-effective energy efficiency measures.
  • Existing power plants’ carbon dioxide pollution will fall approximately 32 perent from 2005 levels. The U.S. has already achieved about two-thirds of that reduction.

Under EPA’s methane pollution standards for new oil and gas operations:

  • Methane pollution will be reduced by 510,000 short tons in 2025, which has the same 20-year climate benefit as closing 11 coal-fired power plants or taking 8.5 million cars off the road.
  • Less natural gas will be wasted, preserving America’s natural resources.
  • These common-sense limits on methane will also reduce 210,000 tons of dangerous smog-forming pollution and 3,900 tons of toxic, carcinogenic pollutants like benzene in 2025.
  • These clean air standards are extremely cost-effective.
  • These standards will also boost America’s vibrant methane mitigation industry—which is already creating jobs and investment in at least 500 different locations across 46 states, especially in major energy-producing states like Texas, Oklahoma, Ohio, and Pennsylvania.

The protections that flow from Massachusetts v. EPA are helping to yield a safer climate for our children, protect the health of our communities, save energy and money for families across America, and build a prosperous clean energy economy. It is not surprising that these safeguards have broad support across red, blue and purple America. In every Congressional district, a majority of adults supports limiting carbon dioxide emissions from existing coal-fired power plants.

Scott Pruitt Is Evading his Obligations under Massachusetts v. EPA

Unfortunately, EPA Administrator Scott Pruitt is trying to evade his obligation to address climate pollution. Since taking his oath as Administrator, Pruitt has repeatedly tried to sow doubt as to whether climate pollution should be regulated under the Clean Air Act — demonstrating a profound disregard for the Supreme Court’s holding in Massachusetts.

Make no mistake – EPA’s obligation to address climate pollution under the Clean Air Act is a settled question in American law.

Climate Pollution Meets the Definition of “Air Pollutant” under the Clean Air Act

Under the Bush Administration, EPA argued that climate pollutants could not be “air pollutants” under the Clean Air Act on the convoluted grounds that “EPA lacks regulatory authority to address global climate change.”

But in Massachusetts, the Supreme Court held that “the Clean Air Act’s sweeping definition of ‘air pollutant’” clearly authorizes EPA to regulate climate pollution.

Moreover, the Court recognized that the Clean Air Act was intentionally written with “broad language … to confer the flexibility necessary to” meet challenges like climate pollution, and EPA cannot dodge its obligations with “policy judgments … [that] have nothing to do with whether greenhouse gas emissions contribute to climate change.”

In other words, EPA has to base its actions on law and science, not politics.

Massachusetts involved a petition to regulate pollution from motor vehicles, but the Supreme Court has repeatedly affirmed that climate pollution from other sectors, including power plants, is also subject to Clean Air Act regulation.

In American Electric Power v. Connecticut (AEP), the Court determined:

Massachusetts made plain that emissions of carbon dioxide qualify as air pollution subject to regulation under the Act … And we think it equally plain that the Act ‘speaks directly’ to emissions of carbon dioxide from the … [power] plants.

The Court went on to identify a specific section of the Clean Air Act under which EPA could issue such protections. EPA subsequently finalized pollution limits — including the historic Clean Power Plan — under that very section.

A few years after AEP, in Utility Air Regulatory Group v. EPA, the Court stood by its finding that the Clean Air Act covered climate pollution from power plants and held that new and modified industrial facilities must also limit their climate pollution.

Administrator Pruitt has publicly doubted whether EPA has the “tools” under the Clean Air Act to address climate change. This is just a feeble variation of the George W. Bush Administration’s stale claim rejected by the Supreme Court a decade ago. In fact, the Supreme Court has recognized that multiple programs under the Clean Air Act are suitable for addressing climate pollution — and EPA has adopted several achievable, common-sense climate safeguards that are already protecting American communities while supporting cost-saving efficiencies. Administrator Pruitt is invoking long-discredited arguments to avoid responsibility for addressing life-threatening pollution.

The Science of Climate Change is Clear

A few weeks ago, Administrator Pruitt told CNBC that he “would not agree that [carbon dioxide is] a primary contributor to the global warming that we see.”

But as far back as Massachusetts, the Supreme Court found that “[a] well-documented rise in global temperatures has coincided with a significant increase in the concentration of carbon dioxide in the atmosphere” as recognized by “[r]espected scientists” and called carbon dioxide “the most important species … of a ‘greenhouse gas.’”

Following Massachusetts, EPA initiated a rigorous, scientific, peer-reviewed analysis of the effects of carbon dioxide and five other climate pollutants. In 2009, after reviewing an expansive body of scientific evidence reflecting hundreds of peer reviewed studies, EPA determined that the pollutants:

[M]ay reasonably be anticipated to endanger public health and to endanger public welfare.

EPA’s determination, or Endangerment Finding, was resoundingly upheld in the U.S. Court of Appeals for the District of Columbia Circuit in Coalition for Responsible Regulation v. EPA, based largely on the “substantial record evidence that anthropogenic emissions of greenhouse gases ‘very likely’ caused warming of the climate over the last several decades.”

In the CNBC interview, Administrator Pruitt offered no evidence to support his views about carbon dioxide and climate change. That’s unsurprising because the scientific evidence is not on his side. As EPA observed in its 2015 carbon dioxide standards for new power plants, since the Endangerment Finding was finalized:

The facts, unfortunately, have only grown stronger and the potential adverse consequences to public health and the environment more dire.

The science overwhelmingly shows that climate pollution is causing dangerous climate change. EPA has a statutory obligation to address it under the Clean Air Act.

The Clean Air Act is a Statute to Protect Public Health and the Environment

Massachusetts prohibited EPA from touting “some residual uncertainty” about climate science as an excuse for inaction. EPA must act if it can “mak[e] a reasoned judgment” that “greenhouse gases contribute to global warming.”

When a three-judge panel of the D.C. Circuit unanimously upheld EPA’s Endangerment Finding, it explained that the Clean Air Act’s:

[L]anguage requires a precautionary, forward-looking scientific judgment about the risks of a particular air pollutant, consistent with the [Act’s] precautionary and preventive orientation. Requiring that EPA find ‘certain’ endangerment of public health or welfare before regulating greenhouse gases would effectively prevent EPA from doing the job Congress gave it. (internal citations omitted)

The science, which was already clear when the Supreme Court decided Massachusetts in 2007, has only grown clearer in the intervening decade. For instance:

  • Since record keeping began in 1880, the five hottest years globally have all occurred since 2007.
  • Sea levels have risen at increasing rate.
  • The ten summers with the lowest minimum Arctic sea ice extent coincide exactly with the ten summers since Massachusetts was decided. And 2017 has already attained a grim status as the third consecutive year with a record low extent of winter Arctic sea ice.
  • In February 2007, atmospheric carbon dioxide averaged 383.90 parts per million. In February 2017, it averaged 406.42 ppm. The years 2015 and 2016 saw the two biggest annual increases ever recorded.

The Clean Air Act does not require us to watch idly as coastlines disappear, increased instanced of extreme weather such as severe flooding and superstorms cause loss of life and alter lives forever, and more frequent heatwaves threaten vulnerable populations like children and the elderly. It requires action. EPA has an obligation to act to protect public health and the environment by addressing climate pollution in order to reduce the tragic consequences of climate change, which are already unfolding.

The Legacy of Massachusetts v. EPA

Ten years on, Massachusetts v. EPA stands for EPA’s responsibility to address climate change based on law and science. Massachusetts also stands for the ability — and the imperative — to achieve victories for public health and the environment under adverse political conditions. With Administrator Pruitt at the helm of environmental policymaking in the U.S., we have no illusions about the challenges that lie ahead. But there will also be opportunities – opportunities to secure near-term reductions of dangerous pollution, and opportunities to lay the foundation for more progress in the years ahead, all anchored in law and science.

We can’t afford to let climate change accelerate unchecked for the next four years, and Massachusetts inspires us to keep working to protect all Americans from this clear and present danger.

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