Climate 411

Trump administration decision on soot ignores science, risks Americans’ health

Today, the Trump administration finalized a rushed and inadequate review of our national particle pollution standard – otherwise known as PM 2.5, or soot. They ignored public input and the latest body of health science, and decided to keep a weak standard in place.

The decision by Trump’s EPA means that Americans – particularly Black, Latino, Indigenous and other communities of color – will be exposed to elevated levels of harmful air pollution. It’s a decision that the incoming Biden-Harris administration should immediately reverse and replace with strong standards that reflect the clear scientific evidence and protect all Americans.

Here are three things you should know:

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

The lame-duck Trump EPA is rushing to finish its health-harming agenda. Here’s what’s in danger.

On Election Day, Americans rejected the Trump administration and its relentless assault on our health and environment. But now Trump’s EPA administrator, Andrew Wheeler, is rushing to finish a flurry of rules before Inauguration Day – rules that are a threat to the health of the American people, and rules that EDF is prepared to fight in court.

Wheeler is resuming his playbook from earlier this year, when EPA unleashed a barrage of health-harming policies just as Covid-19 was first spreading across the nation. As Americans grappled with sudden and unprecedented health, financial, and childcare challenges, Wheeler exploited the chaos by advancing a series of policies that put the health of our communities in even greater danger. Some of Wheeler’s anticipated moves now would finalize policies that were proposed during the first Covid-19 surge last spring, meaning that both ends of the rulemaking process will face reduced public scrutiny. That would hardly be surprising considering that secrecy and a disregard for public accountability have been hallmarks of the Trump administration’s health and environmental policy.

As EDF and others have repeatedly emphasized, EPA’s actions will cause the greatest harm in low-income communities and communities of color — areas that have long suffered from a disproportionate and unjust share of health-harming pollution. Many of the same communities have suffered the highest rates of Covid-19 impacts, and have struggled against voter suppression in this election season.

At EDF, we are not letting our guard down just because the Trump administration’s days are numbered. We have repeatedly prevailed in court against Wheeler’s attacks on our health and environment, and we are prepared to fight against dangerous policies that the administration finalizes during its waning weeks.

Here are a few of Wheeler’s threats to the nation’s climate and air quality that we are tracking:

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Also posted in EPA litgation, Health, News, Policy, Smog / Read 3 Responses

Coming Soon: Trump EPA is Expected to Sign a Final “Air Toxics Loophole” That Will Increase Public Health Risk

EPA Administrator Andrew Wheeler is expected to soon sign a final rule creating an “Air Toxics Loophole” in the Clean Air Act. That loophole would allow large industrial facilities nationwide to avoid complying with rigorous limits on hazardous air pollutants such as benzene and mercury.

EPA’s own analysis indicates that this radical new policy would affect thousands of major pollution sources, such as refineries and chemical plants, located in almost every state. EPA’s analysis also shows this policy risks increasing harmful air pollution by millions of pounds each year.  Many of the facilities that could take advantage of the Air Toxics Loophole are located in low-income communities and communities of color that are already suffering disproportionate burdens from air pollution and are most vulnerable to the health impacts of poor air quality.

The signing of the final Air Toxics Loophole will be only the latest in a series of outrageous Trump administration attacks on fundamental climate, clean air, and health protections that have taken place just since the coronavirus pandemic began – and one of at least 100 attempted rollbacks of environmental and public health protections that have taken place since 2017. EDF will forcefully oppose any final rule that weakens our nation’s bedrock safeguards against hazardous air pollution from industrial facilities. Read More »

Also posted in Health, Policy / Read 1 Response

The broad coalition defending America’s state and national clean car standards in court

(Correction: This blog previously referred to a Blue Green Alliance estimate that the Clean Cars rollback would cost 200,000 jobs. That estimate was for the proposed rollback. We have now included the Trump administration’s own analysis of the final rollback, which found it would cost as many as 140,000 job-years.)

The legal battle over America’s Clean Car Standards is now in full swing.

EDF and a broad coalition that includes 23 states from all regions of the country recently filed court documents defending both state and national clean car standards against attacks from the Trump administration.

23 states from across the country have joined the coalition defending our nation’s Clean Car Standards.

The Trump administration recently finalized a rule that would roll back our national Clean Car Standards. This rollback would cause more than 18,000 premature deaths, cost Americans $244 billion at the gas pump, and produce as much climate pollution as running 68 coal plants for five years. The administration has also launched an unprecedented attack on states’ long-standing authority to protect people from vehicle pollution.

EDF and a group of public health and environmental groups, state and local governments, and businesses from across the economy have filed petitions challenging the rollback in court. And we recently filed a brief in a separate lawsuit arguing against the administration’s attack on state authority to limit vehicle emissions.

The broad coalition litigating to defend clean car standards includes:

  • 23 States and several cities that comprise a majority of America’s population and represent every region, from Michigan to North Carolina, Colorado, and California (seen in the map above)
  • Three Air Quality Management Districts responsible for maintaining safe, healthy air in their regions
  • 12 Public Health, Consumer, and Environmental Organizations including EDF, Center for Biological Diversity, Chesapeake Bay Foundation, Communities for a Better Environment, Conservation Law Foundation, Consumer Federation of America, Environment America, Environmental Law and Policy Center, Natural Resources Defense Council, Public Citizen, Sierra Club, and Union of Concerned Scientists
  • Dozens of Major Businesses from across the economy, including Advanced Energy Economy (whose more than 70 members include Microsoft, Google, Apple, Facebook, Lyft, Cummins, Bloomberg Energy, Comcast, Trane, and Apex Clean Energy), National Coalition for Advanced Transportation (whose 17 participating members include Tesla, Rivian, Chargepoint, and Plug In America), and 20 major power companies

In litigation over the attack on state clean car standards, our coalition has been joined by a dozen amici curiae, who have filed briefs as “friends of the court” in support of state authority. These amici include:

  • 147 Members of Congress from 32 states and the District of Columbia
  • Five Former Department of Transportation Secretaries and Four Former EPA Administrators from both Democratic and Republican administrations, as well as former EPA officials Michael Walsh and Margo Oge and Clean Air Act architect Thomas Jorling
  • Leading Researchers and Professors including University of Michigan law professor Leah Litman, New York University School of Law’s Institute for Policy Integrity, and seven climate science professors at California universities
  • Five Major Medical and Public Health Organizations including the American Thoracic Society, American Lung Association, American Medical Association, American Public Health Association, and California Medical Association
  • Four State and Local Government Organizations including the National League of Cities, U.S. Conference of Mayors, and International Municipal Lawyers’ Association, as well as the National Association of Clean Air Agencies
  • Two National Parks Organizations including the National Parks Conservation Association and Coalition to Protect America’s National Parks
  • Edison Electric Institute, the trade association representing all U.S. investor-owned power companies
  • Lyft, which has recently committed to providing 100% of its rides using electric vehicles by 2030

Additionally, six major automakers – Ford, Honda, Volkswagen, BMW, Rolls Royce, and Volvo – have independently entered into voluntary frameworks with California for continued nationwide pollution reductions from their vehicles, in recognition of California’s authority under the Clean Air Act and the continuing need for state leadership.

Protecting well-established state authority

Last September, the Trump administration purported to withdraw California’s authority to set vehicle pollution standards at a more protective level than the federal government, as well as other states’ authority to adopt these California standards. The Clean Air Act has always recognized California’s authority, which is based on the state’s historic leadership in setting vehicle standards and the need to address its serious pollution problems.

California has used this authority to set pathbreaking standards like its Zero Emission Vehicle standards, which 11 other states have adopted. Most recently, Nevada has joined New Mexico and Minnesota in announcing its plans to adopt these standards. This is just one recent example of states and businesses leading the way to lower transportation emissions. Others include California’s ongoing work to develop Advanced Clean Car 2.0 standards, its recently-finalized Advanced Clean Trucks standards (which will lead to electrification of all new medium- and heavy-duty trucks in the state by 2045), a clean trucks agreement by 15 states representing 35% of the national truck fleet (which aims to electrify 30% of new trucks in these states by 2030 and all of the states’ new trucks by 2050), and Lyft’s announcement that, in partnership with EDF, it will reach 100% electric vehicles by 2030. Defending California’s authority will be key in maintaining this momentum.

EDF and our allies have brought a legal challenge to the Trump administration’s attack on state authority. We recently filed briefs arguing that the administration’s reckless departure from longstanding precedent is arbitrary, capricious, and contrary to applicable law. The dozen amicus briefs added further breadth and depth to our coalition’s legal support for state authority.

Defending the Clean Car Standards from a rollback that harms public health, the economy, and the environment

On April 30, the Trump administration finalized a rollback that would eviscerate the national Clean Car Standards, cutting the required annual reduction in fleetwide climate pollution from about 5% to just 1.5%. Analysis by EDF shows that the rollback will result in an additional 1.5 billion tons of climate pollution, cause more than 18,000 premature deaths, and cost Americans $244 billion at the gas pump. The Trump administration’s own analysis shows that the rollback will cut as many as 140,000 job-years from the automotive sector (see page 24,988 of the Final Rule). That’s the amount of work that would employ 140,000 people full-time for one year.

Michigan Attorney General Dana Nessel told the New York Times that the rollback will be especially harmful to auto industry jobs in her state, so it’s no surprise that many automakers disagree with the administration’s approach. Ford, Honda, Volkswagen, BMW, and Rolls Royce have declined to defend the rollback in court and reaffirmed their voluntary frameworks with California. And electric vehicle manufacturers Tesla and Rivian are among the businesses challenging the rollback.

The rollback is based on massive technical and economic errors and fails to meet core statutory requirements to reduce pollution and maximize fuel economy. In fact, by the Trump administration’s own analysis, the rollback will result in net harm to Americans.

Protective clean car standards deliver critical climate, health, and consumer benefits, and EDF – along with our many partners and allies – will continue working to defend them.

You can find all the legal briefs in the cases on our website.

Also posted in Cars and Pollution, Cities and states, EPA litgation, Greenhouse Gas Emissions, Health, Jobs, News, Partners for Change, Policy / Comments are closed

The case against the Trump administration’s rollback of the Clean Power Plan

The Environmental Protection Agency will file a legal brief today defending its decision to dismantle the Clean Power Plan and replace it with the harmful and cynically misnamed Affordable Clean Energy (ACE) rule.

But nothing EPA says can alter the fact that ACE is destructive, costly, and unlawful. EPA projects that ACE will reduce power sector emissions by a mere 0.7 percent by 2030, and will increase pollution at nearly one in five of the nation’s coal plants, two-thirds of which are located in minority and low-income communities.

In the face of a growing and ever-perilous climate crisis calling for meaningful action, we expect EPA will claim the Clean Air Act does not permit the agency to do more to reduce emissions from the nation’s largest industrial source of carbon pollution. This claim severely distorts the statutory requirements.

EDF filed suit last summer as part of a broad coalition of states, cities, other health and environmental advocates, power companies, and clean energy trade associations. In April, the coalition filed legal briefs showing that EPA has ample authority — and a clear obligation — under the Clean Air Act to require meaningful reduction of carbon pollution from power plants. These briefs collectively demonstrate that EPA’s repeal of the Clean Power Plan is based on a gross misreading of the Clean Air Act, and the agency’s replacement rule, premised on the same misreading, fails to live up to the statutory command that power plants use the “best system of emission reduction” to limit their carbon pollution.

Here are the key arguments we’ve made against the Clean Power Plan rollback and ACE.

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Also posted in Clean Power Plan, EPA litgation, Greenhouse Gas Emissions, News, Partners for Change, Policy / Comments are closed

The Trump administration’s air toxics loophole would intensify environmental injustice

One of the most disturbing aspects of the new coronavirus crisis is that people already struggling with underlying respiratory conditions seem to be at greater risk. This means that vulnerable communities already bearing the brunt of the health harms from dangerous pollution may suffer even more.

Yet the Trump administration has spent the last few weeks racing to roll back policies that safeguard the air we breathe. These rollbacks often impact vulnerable communities the most as well.

One such roll back is the proposed air toxics loophole, which would allow thousands of large industrial facilities nationwide to evade pollution controls and emit more toxic air pollution. In a previous post, we presented analysis of EPA’s own data indicating that the loophole could lead to an increase in emissions of hazardous air pollutants like benzene and mercury by over 49 million pounds across 48 states. We’ve now done further analysis and found that the facilities likely to increase toxic air pollution under this loophole are disproportionately located in vulnerable communities – leading to increased exposure to these dangerous pollutants for primarily minority and low-income neighborhoods.

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Also posted in Cities and states, Health, Policy / Comments are closed