Climate 411

Cherry blossoms: Predicting peak bloom in a warming world with weirder weather

USDA photo by Scott Bauer

Every March, Washington D.C. anxiously anticipates the arrival of the city’s world-famous cherry blossoms.

Millions of people flood the National Mall each year to observe the “peak bloom” – defined by the National Park Service as the day when 70 percent of the Yoshino cherry blossoms surrounding the Tidal Basin have opened.

Fluctuating weather patterns render predictions of peak bloom notoriously fickle. Experts consider it impossible to accurately estimate the cherry blossoms’ vibrant debut more than 10 days in advance.

This year has been no exception – with three changes to the 2018 peak bloom date prediction since March 1st.

While bloom forecasting is a historically temperamental exercise, climate change is now further complicating matters.

As global average surface temperatures continue to rise, D.C. has felt the heat. Weather station measurements from the city have recorded a 1.6 degree Celsius per century increase in regional temperature – double the global average warming rate. The warmer winters associated with these increasing temperatures may help explain why between 1921 and 2016 peak bloom dates have shifted earlier by about five days.

A warming regional climate may influence seasonal trends, but blooms are still heavily affected by short term changes in the weather. While 2018 peak bloom was originally projected to occur between March 17th  and 20th – early in the season due to the city’s exceptionally warm February – a major snowstorm and cold temperatures persisting through March delayed the arrival until April 5th.

It may initially seem that heavy snowstorms and colder temperatures are inconsistent with climate change. However, there is a growing body of evidence that shows how changes in atmospheric circulation patterns associated with rapid warming in the Arctic may actually be linked to these dramatic cold snaps in the mid-latitudes. Increased moisture in the atmosphere from a warming world also allows for heavier precipitation events, including snowfall.

These opposing consequences of climate change – hotter temperatures with intermittent cold snaps – make the bloom schedule of D.C.’s cherry blossoms even more complex. But one thing is clear: predictions will certainly not get any easier.

Also posted in Basic Science of Global Warming, Extreme Weather, Science / Comments are closed

An outpouring of support for clean car standards, in the face of Pruitt’s attempted rollback

Cars on a dealer lot, waiting to be sold. Photo: Every Car Listed

(EDF Legal Fellow Erin Murphy co-authored this post)

EPA Administrator Scott Pruitt just announced his intention to rollback one of our country’s biggest climate success stories – clean car standards that reduce pollution and save Americans money at the pump.

In a closed-door ceremony, Pruitt kicked off a process to weaken these standards — placing at risk as much as two billion tons of climate pollution reductions and $460 billion in consumer savings.

His determination cited the auto industry dozens of times yet made no mention of people’s health or climate change, and cited zero EPA analyses justifying the rollback.

Even some auto industry leaders have raised concerns about this attack:

  • Honda: “We didn’t ask for that,” said Robert Bienenfeld, assistant vice president in charge of environment and energy strategy. “The position we outlined was sensible.”
  • Ford: “We support increasing clean car standards through 2025 and are not asking for a rollback.”
  • Adam Lee, chairman of Lee Auto Malls: “Trump has been saying these standards are crushing the auto industry. But we’ve had record years for the past four or five years, in terms of sales and profit. It almost makes you think he doesn’t have the facts.”
  • Automotive Technology Leadership Group: “It is in the nation’s best interest for the U.S. to continue leading in the development and manufacture of the cleanest and most efficient vehicles in the world. The innovation brought on by competition and our national performance standards has created hundreds of thousands of jobs in this country and significant market opportunities for U.S. companies abroad.”

Pruitt’s announcement has even generated a backlash in the most auto-industry-friendly place in America – Detroit.

In a strongly-worded editorial, the Detroit Free Press accused auto companies of reneging on their deal with the American taxpayer:

  • “[T]he auto bailout was more than a federally guaranteed loan; it was a multi-lateral agreement that your companies would henceforth go about the business of manufacturing cars and trucks more thoughtfully than they had in the past … [M]anufacturing more fuel-efficient vehicles that would cost less to operate and spew a dramatically smaller amount of greenhouse gases into the atmosphere was part of the bargain that saved your lives.” – Detroit Free Press editorial

The clean car standards have strong public support across the country. A recent American Lung Association poll showed that nearly seven in 10 voters want EPA to leave current fuel efficiency standards in place.

That support is reflected in the broad outpouring of support for clean cars expressed in the run up to, and aftermath of, Pruitt’s rollback announcement. A diverse group of leaders recognizes that weakening these protections will cost Americans money, hurt our health, and harm our national security:

  • “Thanks to emissions and efficiency standards, consumers have saved billions of dollars on fuel over the last 5 years. And if the standards were protected instead of undermined, consumers could expect to save a lot more over the next decade. It would be wasteful to discard those consumer savings, but EPA now appears poised to do just that.” – Shannon Baker-Branstetter, Consumers Union
  • “The American Lung Association strongly opposes EPA Administrator Scott Pruitt’s decision to revise the clean car standards … Transportation is the nation’s single largest contributor of carbon pollution, which drives climate change. Starting a process to weaken clean car standards marks yet another step backward from the fight to curb climate change. Climate change poses serious threats to millions of people, especially to some of the most vulnerable Americans, including children, older adults and those living with chronic diseases such as asthma.” – American Lung Association CEO Harold Wimmer
  • “Weakening CAFE and reducing future U.S. net oil exports will further diminish the future global energy leverage of the United States and leave the country and its allies on a more precarious footing.” – Council on Foreign Relations blog, 3/13/18

Political leaders across the country have voiced strong bipartisan support for the existing clean car standards:

  • “Today’s EPA decision on vehicle emissions won’t prevent us from fulfilling what we believe is an obligation to protect Colorado’s air and the health of our citizens. Many of our auto manufacturers are making cars cleaner and more efficient. Indeed, many support the existing stricter standards. It doesn’t make sense that the EPA would take us backwards. Who is the EPA trying to protect?” – Colorado Governor John Hickenlooper:
  • “As U.S. attorneys general, mayors and county executives, we – not federal officials in Washington, D.C. – are primarily responsible for the transportation systems upon which our residents and our local and regional economies depend. A clean, efficient and high-performance vehicle fleet is an essential component of these systems. We strongly support the current federal standards for such a modern vehicle fleet agreed to in 2012 by the automotive industry, the federal government and the State of California.” – A Coalition of 12 State Attorneys General and Over Fifty Mayors
  • “Today’s announcement by EPA Administrator Pruitt to weaken vehicle emissions standards is in direct conflict with the agency’s mandate to reduce air pollution. This decision will increase air pollution and limit innovative technology advancements that bring cleaner, more efficient cars to market. We support the current federal standards agreed to in 2012 by the automotive industry, the federal government, and the State of California.  These standards are helping to drive the global transition to more efficient transportation technologies. They also protect the health of our communities and reduce the pollution that is changing our climate.” – 17 Governors of states across the country and Puerto Rico

Labor and investment experts have also recognized that the clean car standards are essential for long-term American auto sector innovation, vitality, and jobs:

  • “The current standards have helped bring back, secure, and create jobs nationwide; they have reduced pollution; saved consumers billions at the pump; and have been integral to growing and sustaining America’s manufacturing sector over the past decade. Weakening the rules — which is indicated to be the intent of today’s decision — could put American jobs at risk today and in coming years, and would threaten America’s competitiveness in manufacturing critical technology.” – BlueGreen Alliance Director of Advanced Vehicles and Transportation, Zoe Lipman
  • “Strong national fuel economy and emissions standards spur innovation and open the door to tremendous economic opportunities. They represent an investment in technological and economic leadership. Weakening them would be a bad deal for investors, workers, car owners, and businesses—and for the American economy itself.” -­ David Richardson, Impax Asset Management
Also posted in Cars and Pollution, Clean Air Act, Economics, Greenhouse Gas Emissions, Health, Jobs, Partners for Change, Policy, Pruitt, What Others are Saying / Comments are closed

The Real Danger to Our Health from Scott Pruitt’s Scandals

EPA Administrator Scott Pruitt has been swamped by scandal, from taking first class flights at taxpayer expense to living in a lobbyist’s condo.

Pruitt’s behavior is unethical but, even more importantly, his actions will lead to greater health risks from pollution in our air, water, and land.

We can’t ignore the public health crisis created, in part, by Pruitt’s ethical crisis.

SCANDAL: PRUITT HIRES OKLAHOMA BANKING FRIEND

IMPACT: WILL TOXIC WASTE SITES BE CLEANED UP PROPERLY?

Pruitt hired close friend and disgraced former banker Albert “Kell” Kelly to oversee the Superfund program, which is responsible for the cleanup of toxic waste sites.

As head of his family’s bank in Oklahoma, Kelly lent Pruitt — then a $38,000 a year state legislator — money for a large house and part ownership in a minor league baseball team.

Since then, the FDIC has banned Kelly from the financial services industry for life. But Pruitt gave Kelly a job “streamlining” Superfund despite no previous environmental or public health experience.

Kelly owns stock in companies responsible for contaminating some Superfund sites.

There are serious questions about whether this “streamlining” is code for doing quick, incomplete cleanup of toxic sites in order to show progress for public relations purposes. That would let polluters off the hook while saddling Americans with greater risks of illness.

SCANDAL: PRUITT GETS SWEETHEART CONDO DEAL FROM LOBBYIST

IMPACT: OIL LOBBYISTS GAIN ACCESS, CARS AND TRUCKS WILL GET DIRTIER

Pruitt received a below-market-value housing arrangement from the wife of a prominent energy lobbyist whose clients stood to potentially gain from actions taken by the Administrator.

Pruitt’s favoritism for industry led to announcements like the weakening of America’s clean cars standards – a move that will cause more pollution, smog, and asthma attacks.

Pruitt also met with executives from Fitzgerald Truck Sales and created a loophole for their high polluting trucks, which will cost thousands of lives a year from health problems due to dirtier air.

The condo deal was likely not an actual quid pro quo, but Pruitt’s coziness with industry and willingness to accept their favors creates unhealthy, unethical influence and accesses.

SCANDAL: PRUITT HIRES SENIOR OFFICIAL FROM CHEMICAL INDUSTRY LOBBYING ARM

IMPACT: UNDERMINING OF NEW CHEMICAL SAFETY LAW, ALLOWING DANGEROUS CHEMICALS ON THE MARKET

Using an obscure provision in the Safe Drinking Water Act, Pruitt hired Nancy Beck directly from the American Chemistry Council – the main trade group for the chemical industry. Because she was hired that way, she did not have to sign the Administration’s ethics pledge, which would have limited her actions on issues related to her former industry.

Beck now effectively runs the EPA office that oversees her old industry, and is charged with implementing the framework rules for the 2016 chemical safety law.

That law was a major upgrade, fixing a badly broken system that allowed tens of thousands of potentially hazardous chemicals to remain on or enter the market — and Beck’s rules are on their way to breaking it all over again.

One example: Pruitt’s EPA shelved plans to ban paint strippers that use methylene chloride, which is proven to be dangerous and has led to dozens of deaths.

SCANDAL: SECRET SCHEDULE, SECRET PHONE BOOTH

IMPACT: UNKNOWN IMPACT OF LOBBYISTS ON POLICY

Pruitt keeps much of his schedule hidden, and sometimes doesn’t allow note taking in meetings, so it’s hard to tell who he talks to about what.

He’s also being investigated by the Inspector General for spending $43,000 on a secure phone facility next to his office – even though the EPA building already has one.

But based on the information that has come out, we know he spends a great deal of time listening to corporate lobbyists.

The result is an agenda that not only leans against health and anti-pollution rules, but one marked by favors to key industries with ties to Pruitt, such as attempts to ease methane pollution rules for natural gas companies.

As William Ruckelshaus, EPA administrator under Presidents Nixon and Reagan said, Pruitt is:

“taking a meat ax to the protections of public health and environment and then hiding it.”

Some of Pruitt’s scandals are purely cases of behavior that is unethical, like his use of first class flights. Those are serious and, because they have happened repeatedly, suggest he’s unfit for his public trust.

But we shouldn’t forget the far more dangerous impact of many of his scandals: our children will inherit a less clean, less healthy world.

Also posted in Health, Policy, Setting the Facts Straight / Read 3 Responses

EPA Administrator Scott Pruitt’s Dirty Cars Action – By the Numbers

EPA Administrator Scott Pruitt just announced an attack on our nation’s clean car standards – standards that are reducing dangerous pollution and saving Americans’ hard-earned money.

We’ve reviewed Pruitt’s action. Here’s a look – by the numbers:

  • Zero – Number of times Pruitt mentions the words “children,” “health,” “air pollution” or “climate”
  • Fourteen – Number of times Pruitt directly quotes the auto industry
  • One – Number of times Pruitt quotes anyone else
  • Sixty-Three – Number of times Pruitt cites the auto industry
  • Zero – Number of cited EPA analyses that support rollbacks
  • Two – Number of automakers – Ford and Honda – who have stated they do not need a rollback of EPA’s clean car standards
  • Fifteen – Number of states that warned the Trump Administration that any effort to weaken our nation’s clean car standards would be met by a “vigorous” court challenge
  • Three – Number of auto companies whose association is represented by Steven Hart, the lobbyist whose wife owns the condo that Pruitt rented for only $50-per-night
  • Two Billion –The tons of climate pollution reductions at risk under Pruitt’s attack
  • 17.5 percentGeneral Motor’s contribution to the potential excess pollution – the single largest volume of pollution associated with any single automaker
  • $460 Billion – The fuel savings for American families at risk under Pruitt’s attack
Also posted in Cars and Pollution, Clean Air Act, Greenhouse Gas Emissions, Policy / Comments are closed

Are there roadblocks ahead for America’s clean cars standards? Here are five things you need to know

Cars wait to be sold on a dealer's lot. Photo: Every Car Listed

(EDF Legal Fellow Erin Murphy co-authored this post)

America’s clean cars standards are one of our biggest climate success stories.

We’ve made major strides in reducing greenhouse gas pollution since protective standards were put in place in 2012 – spurring fuel efficiency gains at the same time.

New innovations have made additional progress even more clearly achievable – and have set the stage for a future free from tailpipe pollution.

Yet, when it comes to cars, the Trump administration is stuck in reverse.

President Trump is reportedly considering a dramatic rollback of our existing clean cars standards. Right now, an EPA action to set this reversal in motion is under White House review.

Ford broke ranks earlier this week, publicly disavowing a rollback of these climate pollution protections.

Yet it’s rumored that EPA Administrator Scott Pruitt will issue a decision as early as Friday that would set in motion a potentially dramatic weakening of these safeguards. It’s time for policy-makers and automakers like GM, Chrysler, Honda and Toyota to take a stand and reject these baseless attacks.

Here’s what you need to know:

  1. Climate progress in the balance

Tremendous climate progress is at stake.

EPA estimated that the clean cars program would reduce climate pollution by six billion tons over its lifetime and cut other dangerous air pollutants as well. That’s how much climate pollution America emits in a year, from all sources and all sectors.

The American Lung Association and twelve other public health organizations have all underscored the importance of maintaining protective clean cars standards.

The transportation sector has become America’s largest contributor of climate pollution. It is also a significant source of harmful soot and smog-causing pollution.

Now is the time to accelerate reductions from this sector, not stall out. Yet leaked details suggest the Trump administration is moving to significantly weaken upcoming standards for cars in model years 2022 to 2025 – eroding the benefits of the standards by almost 60 percent.

  1. Savings every time you fuel up

Clean cars standards are a win-win – in addition to reducing pollution, they save consumers money at the gas pump.

This program gradually reduces climate pollution rates from cars and trucks – driving five percent reductions each year through flexible fleet-wide standards and spurring comparable year-by-year improvements in fuel efficiency.

Drivers are already benefiting from our existing standards. For example, each Ford F-150 truck bought in 2015 uses about 180 fewer gallons of gas a year than prior models. That saves its owner eight trips to the gas station and up to $700 per year, depending on the price of fuel.

The standards will bring even greater savings in the future. Families that purchase a new car or truck in 2025 will save an estimated $1,650 over the lifetime of that vehicle, compared to a car just three years older.

Over the lifetime of the clean cars program, the savings to American families and businesses will add up to more than a trillion dollars.

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

  1. We have the know-how to exceed these standards

The improvements under the existing clean cars standards are technically feasible and affordable.

Automakers and suppliers are developing and deploying innovative technologies faster than anticipated when the standards were finalized.

EPA, the Department of Transportation, and the California Air Resources Board conducted an exhaustive technical review of the auto industry’s ability to meet the 2022 to 2025 model year standards. They found extensive evidence that the automotive industry can meet those standards at lower costs than predicted when the standards were initially finalized in 2012.

Since the clean cars program began in 2012, there has been roughly a doubling in the number of SUVs that achieve 25 miles per gallon or more, the number of cars that achieve 30 miles per gallon or more, and the number of cars that achieve 40 miles per gallon or more.

Today there are already more than 100 car, SUV, and pickup models on the market that meet standards set for 2020 and beyond.

If any changes are made, the standards should be strengthened.

  1. Supporting American jobs and innovation now and into the future

Well-designed federal standards foster the deployment of fuel saving solutions.

We have seen this cycle play out over the past several years, as automakers have brought more efficient cars and trucks to market with record sales and strong profitability.

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:

  •  “[Fiat Chrysler] posted another record performance in 2017, achieving ambitious financial targets … We have now reached or exceeded all key financial goals for the first four years of the current five-year plan.”  Fiat Chrysler 2017 Annual Report, Chairman’s Letter
  • “2016 was the best year in its history of more than 130 years.” Daimler 2016 Annual Report, Chairman’s Letter
  • “2016 was a very strong year for General Motors, one that included the launch of dozens of award-winning products around the world, record sales and earnings, substantial return of capital to shareholders and remarkable progress in our drive to define and lead the future of personal mobility. In North America, we achieved record earnings last year and exceeded our 10-percent-margin goal for the second consecutive year.” General Motors 2016 Annual Report, Chairman’s Letter

In a 2016 letter supporting EPA’s proposal to reaffirm the clean cars standards, the United Automobile 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.”

Other countries – including China, the world’s largest new vehicle market — are pushing toward a zero-emissions future. U.S. automakers can’t afford to fall behind.

Protective clean car standards spur investment that will preserve and increase automakers’ global competitiveness.

  1. State leadership at risk

Over the last half century, state leadership has played a key role in spurring the development and deployment of clean car solutions like smog-fighting catalytic converters.

Administrator Pruitt recently made aggressive public statements smearing this success story and suggesting that the Trump administration’s coming attack may even seek to stifle these state-led programs.

Under long-standing provisions in the Clean Air Act, California is authorized to set its own vehicle pollution standards, and all other states have authority to adopt and enforce these standards. Today a third of U.S. new car sales are covered by the coalition of states that have committed to protective clean car standards.

In Ford’s public comments this week, the company recognized this history and committed to working together with California to build a path forward. Yet Administrator Pruitt’s irresponsible comments suggest he is reviewing an existing waiver that allows for implementation of this state success story — and may be considering revoking this waiver, even though such a step has never been taken and has no basis in law.

Pruitt’s comments show a clear disregard for his professed concern for states’ rights.

The takeaway? We need to move forward, not shift into reverse

Unfortunately, it’s no surprise that the Trump administration is set to roll back these protections — just as they’ve relentlessly attacked so many other common sense pollution standards.

EDF will defend the progress we’ve made cleaning up pollution from our cars, and we’ll push for even more progress. We hope all Americans will join us in defense of these crucial safeguards.

  • Policymakers at all levels need to stand against these rollbacks and advance clean cars through the myriad of avenues available to them.
  • Automakers need to make clear that they stand for common sense standards that spur continued progress on clean vehicles today and continued movement towards a future without tailpipe pollution.
  • Individual citizens need to push back against these reckless cuts.

The climate and health protections contained in the clean car standards are critical, well-founded, and eminently achievable. We will be fighting to keep them whole.

Also posted in Cars and Pollution, Economics, Greenhouse Gas Emissions, Jobs, Policy / Comments are closed

Key takeaways from the court decision blocking suspension of BLM’s Waste Prevention Rule

(EDF Legal Fellow Samantha Caravello co-authored this post)

A U.S. District Court judge has halted Interior Secretary Ryan Zinke’s latest effort to suspend the Bureau of Land Management’s (BLM) Waste Prevention Rule.

The judge issued a preliminary injunction last night in response to legal challenges brought by the states of California and New Mexico, and by EDF and a coalition of conservation and tribal citizen groups.

The court decision ensures that the Waste Prevention Protections are in full force and effect, delivering important benefits to tribes, ranchers and families across the West. It also demonstrates that facts matter, and that public input matters — and, as the court recognized, Zinke ignored both when he suspended the Waste Prevention Rule.

Here are some key takeaways from the court’s decision.

Zinke’s suspension would have resulted in immediate and irreparable harms

The Waste Prevention Rule requires that oil and gas companies take common sense actions to prevent the waste of valuable natural gas on federal and tribal lands. These actions also reduce harmful air pollution including methane, and smog-forming and toxic pollutants.

Judge William Orrick, of the U.S. District Court for the Northern District of California, found that Zinke’s attempt to suspend the Waste Prevention Rule would have real, immediate, and irreversible effects on public health and the environment.

In reaching this conclusion, the judge highlighted the severe health threat that Zinke’s suspension would pose for people living near oil and gas operations.

He cited:

“[T]he waste of publicly owned natural gas, increased air pollution and associated health impacts, and exacerbated climate impacts.” (Order, page 2)

The judge referred to declarations from EDF experts and members that documented these health and climate harms, including:

  • “Environmental Defense Fund member Francis Don Schreiber, for example, resides on a ranch in Governador, New Mexico, where there are 122 oil and gas wells either on or immediately adjacent to his land, all managed by BLM and subject to the Suspension Rule…. He notices an ‘extremely strong’ ‘near-constant smell from leaking wells,’ which ‘make[s] breathing uncomfortable’ and causes concern that he and his wife ‘are breathing harmful hydrocarbons…’ As Schreiber suffers from a heart condition and has already had open heart surgery, he is ‘at a higher risk from breathing ozone,’ and is ‘constantly concerned about the impact of the air quality on [his] heart condition.’” (Order, page 26)
  • “Dr. Ilissa B. Ocko, climate scientist, states that the 175,000 additional tons of methane that will result during the one-year suspension is ‘equivalent to the 20-year climate impact of over 3,000,000 passenger vehicles driving for one year or over 16 billion pounds of coal burned.’” (Order, page 25)
  • “Dr. Renee McVay, whose research focuses on atmospheric chemistry, estimates that approximately 6,182 wells subject to the Waste Prevention Rule are located in counties already suffering from unhealthy air with elevated ozone levels… The Suspension Rule will result in additional emissions of 2,089 tons of VOCs in these already at-risk communities, where many of the conservation and tribal group plaintiffs’ members reside, leading to and exacerbating impaired lung functioning, serious cardiovascular and pulmonary problems, and cancer and neurological damage.” (Order, page 25)

The court concluded:

“Plaintiffs list several environmental injuries with effects statewide, to the general public, and on the personal level, any of which might be sufficient to establish likely irreparable harm.” (Order, page 27)

Facts and analysis matter

In addition to these irreparable harms, the court found that EDF and our allies were likely to succeed on the merits:

“Plaintiffs have provided several reasons that the Suspension Rule is arbitrary and capricious, both for substantive reasons, as a result of the lack of a reasoned analysis, and procedural ones, due to the lack of meaningful notice and comment.” (Order, page 29)

Under the law, when a federal agency seeks to change a prior policy – as Zinke did when he sought to suspend the common sense requirements in the Waste Prevention Rule – that agency must provide “good reasons and detailed justification.” (Order, page 12)

The court found that Zinke fell short of these important requirements because he repeatedly “fail[ed] to point to any factual support underlying [his alleged] concern[s]” over the Waste Prevention Rule. (Order, page 14)

The court carefully evaluated each alleged justification for the suspension put forth by Zinke, and found them all lacking.

For example, the court noted that with respect to Zinke’s “concerns” regarding production wells:

“[C]ounsel for the government essentially conceded that it was in possession of no new facts or data underlying this ‘newfound’ concern.’” (Order, page 14)

Ultimately, the court found:

“[I]t appears that BLM is simply casually ignoring all of its previous findings and arbitrarily changing course.” (Order, page 17, internal quotation omitted)

The court’s careful analysis underscores that these facts matter, and that Zinke cannot ignore the substantial record evidence supporting the common sense standards in the Waste Prevention Rule.

Public input matters

The court also found that Zinke attempted to ignore key input from the public on the suspension of the Waste Prevention Rule by deeming comments on the importance and effectiveness of the Waste Prevention Rule “outside of the scope” of his action. (Order, page 23)

The court found Zinke’s “refus[al] to consider” this important input on “integral” issues was inconsistent with bedrock requirements of administrative law.

The fight to protect these safeguards is not over

The court has now determined that EDF and our allies are “likely to succeed on [our] claim that BLM failed to consider the scope of commentary that it should have in promulgating the Suspension Rule and relied on opinions untethered to evidence.” (Order, page 24)

Next, the case will proceed to the merits stage, in which the court will issue a final decision on the legality of Zinke’s suspension of the Waste Prevention Rule. A schedule has not yet been set for this next phase of the litigation.

However, just as the court was blocking his suspension, Zinke was separately trying to rescind nearly all of the key provisions of the Waste Prevention Rule that he was also trying to suspend.

Zinke acknowledges that this rescission will cost taxpayers millions in lost royalties, and will result in additional emissions of climate-warming methane as well as smog-forming volatile organic compounds and hazardous air pollutants – but he nonetheless is proposing to eliminate the protections in the Waste Prevention Rule.

BLM is accepting public comment on the rescission proposal until April 23. It is important that Zinke continue to hear from the public about the harmful impacts that will result from his actions to remove these common sense protection. Comments on the proposal can be filed here.

Also posted in Clean Air Act, Energy, Greenhouse Gas Emissions, Health, Policy / Read 1 Response