Selected category: Clean Air Act

Delaying smog standards risks lives, jeopardizes Americans’ health

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Also posted in Health, Partners for Change, Policy| Read 1 Response

Suspension of clean air standards for the oil and gas industry: an urgent health threat for Americans

(This post first appeared on EDF's Energy Exchange)

Today, Environmental Protection Agency (EPA) Administrator Scott Pruitt officially suspended vital air pollution safeguards that will reduce harmful methane, smog-forming volatile organic compounds and toxic air pollutants like benzene from new and modified sources in the oil and natural gas sector – a move that puts the health and safety of Americans across the country at risk.

EDF, together with a coalition of environmental groups, filed a legal challenge and an emergency motion as soon as the suspension was published.

Our brief asks the U.S. Court of Appeals for the D.C. Circuit to immediately block Administrator Pruitt’s dangerous action from taking effect. Read More »

Also posted in EPA litgation, Greenhouse Gas Emissions, Policy| Comments are closed

Scott Pruitt, the public has spoken – and it wants health protections, not rollbacks

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Earlier this year, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced an effort to seek public input on EPA safeguards that should be revoked or rolled back to “reduce regulatory burden.”

What was the overwhelming message he heard in response?

Let EPA do its job and protect Americans from dangerous pollution.

Numerous news articles have detailed the tens of thousands of responses EPA received from individual Americans decrying Pruitt’s biased, predetermined effort to gut important safeguards. These public comments are still being uploaded onto an official website — but already there are more than 183,000 of them, and the overwhelming majority are in favor of strong EPA safeguards.

As one comment reminded Pruitt:

Future generations are counting on us to leave an environment that supports good health, and a world worth living in. Don’t jeopardize the progress that has been made by rolling back regulations that are taking us in the right direction. Your job is to protect the environment for the benefit of all, not to squander progress for the financial gain of a few.

Another citizen noted during a listening session:

I actually enjoy breathing clean air and drinking clean water and would find it quite burdensome not to.

It’s well documented that EPA safeguards are an incredible American success story, saving countless lives and improving health across the country. We’ve made tremendous strides in improving air quality, reducing toxic lead and mercury pollution, addressing acid rain, and other remarkable achievements — all while the economy has grown and added jobs.

We still have more work to do though. According to the American Lung Association, more than 125 million Americans live in communities with unhealthy levels of air pollution.

Industry pushes for rollbacks

EPA senior officials are due to present a report to Pruitt today on their progress in identifying safeguards to repeal or roll back – not even two weeks after the rushed public comment period ended.

It’s hard to know if this report will be made public, but we are starting to get a glimpse of the input that Pruitt and his team are hearing from those who oppose vital safeguards.

For instance, the American Petroleum Institute’s (API) 25-page list of requests includes weakening protections against smog and undercutting common-sense standards to curb harmful methane and toxic air pollution from oil and gas production.

API’s list also complains that EPA’s Clean Air Scientific Advisory Panel is “biased” because “it can be difficult for industry representatives to be included on the committees.”

As we wrote about in an earlier post, these industry requests come on top of an earlier solicitation by the Trump Administration for industry proposals to roll back protections — one where trade associations brazenly asked for cuts to important health studies and safeguards.

Politicians target safeguards against mercury, smog, and other dangers

One remarkable letter to EPA came from eight state politicians. As has been well documented, while Scott Pruitt was Oklahoma’s Attorney General he spearheaded an intertwined alliance between state attorneys general and major fossil fuel industries — going so far as to submit industry requests to EPA on Oklahoma letterhead and later noting that’s “actually called representative government in my view of the world.”

In the new letter, Pruitt’s attorney general allies detail a list of twenty bedrock safeguards to weaken or eliminate. These include protections against mercury pollution, smog, soot, and many others.

These eight politicians even ask EPA to reject the agency’s science-based conclusion that greenhouse gases endanger human health and welfare — a conclusion based on an extensive, exhaustive record that was upheld by a federal court of appeals several years ago. Their letter makes no mention of the citizens who would be sickened and harmed by these roll backs.

The signatories are the attorneys general from Michigan, Oklahoma, Indiana, Alabama, Arkansas, West Virginia, Louisiana, and South Carolina.

Scott Pruitt: don’t put Americans’ health at risk

With EPA’s help, we’ve made remarkable progress in cleaning up our air and water. The American public just delivered a clear and overwhelming message to Scott Pruitt – don’t risk that tremendous progress, or the health of our families, by rolling back EPA safeguards.

Administrator Pruitt should listen.

Also posted in Health, News, Policy, Setting the Facts Straight, What Others are Saying| Comments are closed

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

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

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

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

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

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

 Real World Consequences for Healthier Air and a Safer Climate

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Also posted in Clean Power Plan, EPA litgation, News, Partners for Change, Policy| Comments are closed

Scott Pruitt wants to end his own Clean Power Plan lawsuit—but can’t set aside EPA’s duty to protect the public from climate pollution

(This post was co-authored by Tomas Carbonell)

Before he became Administrator of the Environmental Protection Agency (EPA), Scott Pruitt was relentless in suing to oppose the Clean Power Plan, America’s first-ever nationwide limits on carbon pollution from power plants.

So relentless, in fact, that as Attorney General of Oklahoma he brought suit four times to block these common sense, cost-effective protections—including litigating to block the proposal, before the Clean Power Plan was even finalized.

Given that history, you’d think that Pruitt would be eager to for the U.S. Court of Appeals for the D.C. Circuit Court to continue the current litigation over the Clean Power Plan, which Pruitt helped initiate when he was Attorney General.

Instead, the Trump Administration launched a full-court press to stop the court’s deliberations in their tracks.

The administration filed a motion on March 28 asking the court to suspend the litigation indefinitely – almost a year after the last briefs were filed in the case, and more than six months after oral argument took place before the full en banc court.

Why the sudden aversion to the court considering the case, after such a long history of litigating?

Perhaps Pruitt was afraid that the court would see the Clean Power Plan for what it is – a common sense and achievable plan, firmly grounded in the law and in science, which responds to the most urgent environmental challenge of our time.

Pruitt repeatedly argues that the reason to repeal the Clean Power Plan is because it is “illegal.” Without a D.C. Circuit opinion, all we have are his own claims on that point – and maybe Pruitt prefers it that way, given his poor record in past legal challenges to common sense EPA safeguards.

Whatever the reason, Pruitt pressed ahead to stop the very same case he was instrumental in creating. Last week, the D.C. Circuit partially granted his request. The court put the Clean Power Plan litigation on hold for 60 days, and asked for more information so it can decide how to handle the case going forward.

EPA has a duty to protect Americans from dangerous climate pollution

While last week’s order is disappointing, it has not changed the fact that EPA has a clear duty to act under our nation’s clean air laws to protect the public from harmful climate pollution. That duty is enshrined in three separate Supreme Court opinions that confirm EPA has the authority and responsibility to address climate pollution under the Clean Air Act.

EPA’s obligation to address climate pollution under the Clean Air Act is a settled question in American law. And EPA’s history of successfully addressing climate pollution from cars and other sources speaks for itself.

The Clean Power Plan itself has a rock solid legal and technical foundation – as recognized by a huge and varied coalition of supporters including former Republican EPA Administrators, the attorneys general of eighteen states, legal experts who helped draft the Clean Air Act, and the nation’s leading experts on the power grid.

As these experts recognize, the Clean Power Plan relies on strategies that are already being deployed successfully across the power sector—continuing and amplifying a transition to low- and zero-carbon energy that is reducing climate-destabilizing pollution while bringing jobs and economic opportunities to communities across the country. America’s clean energy sector is a rapidly growing $200-billion industry that employs 3.3 million Americans.

Regardless of any legal maneuvers, the fundamental truth remains – EPA has a duty to act to protect the public from dangerous climate pollution. Given the clear and present threat that climate change poses to the well-being of communities across America, this duty is urgent.

Also posted in Clean Power Plan, EPA litgation, News, Policy| Read 1 Response

Shining Light on Scott Pruitt’s Attacks on Our Children’s Health

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The U.S. Environmental Protection Agency’s (EPA) effort to unravel critical clean air and climate protections is in full swing.

The EPA’s Office of Air and Radiation (OAR) held a three-hour long public tele-hearing this week on President Trump’s agenda to unravel vital public health and environmental safeguards.

Held by phone only, in the middle of the workday, the hearing was scheduled to:

[S]olicit input on specific air and radiation actions that could be repealed, replaced or modified.

Under Administrator Scott Pruitt, a staggering asymmetry is underway at EPA that is a tremendous disservice to public health and the public good.

EPA adopted the clean air protections now under scrutiny by Scott Pruitt and his industry allies after years of scientific research and technical analysis, extensive public notice and comment, and thorough consideration.

Now, industry is trumpeting a “wish list” of these very safeguards, which they seek to discard.

As this week’s opaque teleconference demonstrated, Scott Pruitt is acting without meaningful public notice, comment, or hearing. This lack of transparency is consistent with what the New York Times called Pruitt’s “secretive” methods while Attorney General of Oklahoma.

We urge you to raise your voices and oppose this unprecedented attack on our bedrock public health and environmental safeguards. We urge you to make your voice heard by submitting public comments – by May 15, 2017 – on EPA’s docket, “Evaluation of Existing Regulations.”

That’s what my colleague, EDF’s Mandy Warner, and I tried to do during this week’s teleconference.

We urged EPA to preserve crucial protections that ensure our families have clean air to breathe.

I told the panel that I am deeply concerned by EPA’s efforts to unravel critical regulations that protect millions of Americans — including young people like me — from the dangerous effects of air pollution. Many of my peers across the country suffer from asthma, miss school because the air is too dirty for them to leave their house, or have lost family members due to toxic air pollution. (You can read my full testimony here)

Mandy’s comments reflected her concern for her two young daughters:

I asked my four-year-old the other night why she thought clean air was important and she said very simply, ‘so you can breathe.’ She’s right. And that’s what this stakeholder meeting should be all about – ensuring clean air so kids can breathe.

There is an endless pool of worry parents have to contend with already. We worry about how much fish is safe for our children to eat every week due to mercury pollution, what days we need to be careful about letting our children play outside due to smoggy air, and what serious challenges our children will face from runaway climate change.

Please don’t add to our worries by rolling back critical, lifesaving protections that can help ensure a healthier future for my children and children across America.

(You can read Mandy’s full testimony here)

Our remarks were sandwiched between aggressive statements from the Utility Air Regulatory Group (UARG), a group of coal-based power companies, and the American Petroleum Institute (API).

Both groups – along with other industry players – predictably advocated weakening or repealing such common sense, scientifically sound protections as the health-based 2015 national air quality standard for ground-level ozone (more commonly called smog), the 2016 New Source Performance Standards for methane pollution from oil and gas facilities, and the long-standing greenhouse gas reporting requirements that protect Americans’ right-to-know who is discharging large volumes of climate pollution.

While industry representatives attacked EPA’s climate and clean air safeguards, many other people raised their voices in support of the agency’s lifesaving mission to protect public health and the environment.

EPA heard from an American who lost a dear friend to a deadly asthma attack linked to smog. They heard from a Pittsburgh native — in the heart of steel country — who highlighted the now thriving city’s progression from pollution to prosperity, thanks to strong clean air protections. They heard from a New Yorker forced to leave the city to protect her family from toxic air that lingered in her old home and harmed her children.

Under President Trump and Scott Pruitt, this EPA is recklessly charting a collision course with the health of our communities, our families and our children. As Pruitt’s EPA moves to unravel vital clean air and climate safeguards, we at EDF will continue to stand up — alongside all of you — to fight for the health and safety of all Americans.

Also posted in Health, News, Policy| Comments are closed
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