Climate 411

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

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

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

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

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

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

Meaningful federal actions to reduce carbon pollution, such as the Clean Power Plan, remain essential to mitigate climate change. But in the meantime, states and companies – by making continued progress toward emission reductions through time-tested methods – are providing solid evidence that the Clean Power Plan’s approach is not only reasonable, but is the industry-standard for reducing carbon pollution from the power sector. 

The clean energy transformation is accelerating

Carbon pollution from the power sector fell to 27 percent below 2005 levels in 2017, continuing a clear downward trend since the mid-2000’s even as the U.S. economy continues to grow. Carbon pollution levels from the power sector in the U.S. have now fallen below emissions from transportation, demonstrating remarkable progress in cleaning up our electric grid.

The rapid decarbonization of the U.S. power sector continues to be driven by a shift toward clean energy technologies. Renewable energy including solar, wind, and hydropower generated a record 18 percent of U.S. electricity in 2017, and new renewables comprised nearly half of utility-scale generating capacity installed in 2017. As more and more high-polluting coal plants become scheduled for retirement, power companies and regulators from Colorado to New Mexico to Wisconsin are increasingly replacing them directly with renewables.

A precipitous drop in costs has made the outlook for clean energy increasingly bullish in recent years. The cost of utility-scale solar power fell by more than 77 percent from 2010 to 2017. Worldwide, the cost of solar and onshore wind power declined by 18 percent in the last year alone.

As of 2017, the lifetime cost of unsubsidized wind and utility-scale solar is now below that of coal and on par with the cost of natural gas combined cycle technology.

Low-cost projections for clean energy are increasingly becoming a reality on the ground. In Colorado, for example, a recent solicitation for new renewables resulted in bid prices for wind and solar plus energy storage that are cheaper than the operating cost of nearly all coal plants in the state.

States and power companies continue to lead

Across the country, state governors and major power companies have continued to ramp up forward-looking commitments to cut carbon pollution and deploy clean energy — recognizing these clear power sector trends and driving increasingly ambitious climate progress.

Here are some recent examples:

Power companies

  • American Electric Power, the nation’s largest generator of electricity from coal, laid out a strategy in February to reduce carbon pollution by 60 percent below 2000 levels by 2030, and 80 percent by 2050. “There is no question the electrification of our economy is accelerating,” said CEO Nick Akins. “Today, we are taking a longer-term view of carbon by setting new goals for carbon dioxide emission reductions for the future based upon resource plans that account for economics, customer preferences, reliability and regulation.”
  • Southern Company, the nation’s third largest power producer, announced a goal this month to reduce carbon pollution by 50 percent below 2007 levels by 2030 and to achieve “low- to no-carbon operations by 2050.” The commitment comes in the wake of a rapidly changing generation mix for Southern, with its share of generation from coal declining to 28 percent in 2017 from 70 percent in 2010.
  • In March, Oregon’s Portland General Electric committed to reducing carbon pollution by more than 80 percent by 2050, in part by achieving Oregon’s target of 50 percent renewable energy by 2040 and transitioning away from coal by 2035.
  • PacifiCorp subsidiary Rocky Mountain Power plans to add more than 1,300 megawatts of wind power by 2020 — a $1.5 billion investment.

Across the Midwest, a slate of electric utilities recently committed to slash carbon emissions and transition away from coal:

  • PPL Corporation plans to reduce emissions by 2050 to 70 percent below 2010 levels, including retiring the bulk of the company’s coal plants in Kentucky.
  • Wisconsin’s largest utility, WEC Energy Group, plans to reduce carbon pollution by 40% below 2005 levels by 2030.
  • In Indiana, Vectren announced plans to reduce carbon pollution by 60 percent by shuttering three coal-fired power plants.
  • Ameren Missouri committed to reducing emissions to 80 percent below 2005 levels by 2050, and plans to invest $1 billion to add at least 700 megawatts of wind power by 2020.
  • In February 2018, Michigan utility Consumers Energy announced plans to reduce emissions by 80 percent and phase out coal by 2040.

States

  • This month, New Jersey lawmakers passed a sweeping clean energy bill that will put the state on a path to becoming a national clean energy leader. Governor Phil Murphy directed the state to begin negotiations to rejoin the Regional Greenhouse Gas Initiative (RGGI) – a multi-state program to reduce carbon pollution from the power sector. Governor Murphy also signed an order adding New Jersey to the U.S. Climate Alliance of states committed to upholding the Paris Agreement goals, and has outlined a goal of powering the state with 100 percent clean energy by mid-century.
  • In a show of bipartisan commitment to ambitious climate action, Maryland also joined the U.S. Climate Alliance this January, and participated in a multi-state process to strengthen RGGI.
  • Alaska Governor Bill Walker — an Independent — signed an order in October 2017 establishing an advisory team to propose actions, including “statutory and regulatory changes,” for the state to reduce carbon pollution and support the goals of the Paris Agreement.
  • Just last week, environmental and energy regulators from thirteen states — California, Colorado, Connecticut, Delaware, Massachusetts, Minnesota, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington delivered a letter to Administrator Pruitt opposing repeal of the Clean Power Plan and highlighting important progress across states to reduce carbon pollution from the power sector. “Low natural gas prices, declining costs of renewable energy technologies, and low demand growth are all existing power sector trends that have allowed our states to reap positive economic benefits from reducing emissions. The CPP would amplify these trends and make emissions reductions easier and more cost-effective,” the states write in the letter.

Shared prosperity under a stable climate

As the impacts of climate change — from wildfires to hurricanescontinue to threaten vulnerable communities across the U.S. and around the world, concerted actions to cut climate pollution are more important than ever.

At the same time, efforts to transition to a clean energy economy are delivering myriad benefits — from millions of good-paying clean energy jobs, to critical public health protections, to more affordable and more reliable electricity.

The leadership demonstrated by a growing group of states and major power companies to advance climate progress is critical to securing the benefits of a stable climate and clean energy future for millions of Americans. With continued leadership, and a return to meaningful federal action, America will see a global clean energy transformation and secure shared prosperity for all.

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

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

This week is a crucial moment for climate progress.

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

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

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

Here’s what’s at stake

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

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

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

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

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

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

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

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

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

Even more climate progress is possible

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

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

Who benefits from a rollback? Pruitt’s political allies

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

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

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

The time to speak up is now

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

Also posted in Clean Power Plan, News, Policy, Pruitt / Comments are closed

Administrator Pruitt opened the door to making Houston’s air toxics problem worse

Residents of Houston, Texas – our nation’s fourth largest city – have long been burdened with a serious air pollution problem.

Between 2013 and 2015, the Houston area reported unhealthy levels of ground-level ozone (“smog”) on an average of over 23 days each year. Last year, the American Lung Association ranked Houston as the sixteenth-most polluted city in the nation for year-round particle pollution.

The city’s massive industrial base – which includes two of the nation’s four largest petroleum refineries and more than 400 chemical manufacturing plants – spews a wide array of carcinogenic and toxic substances like benzene, 1,3-butadiene, and formaldehyde. The Environmental Protection Agency’s latest National Air Toxics Assessment, not surprisingly, found elevated cancer risks in many Houston neighborhoods as a result of these pollutants.

Recent records also show that pollution releases from these industrial facilities in the wake of Hurricane Harvey are also much higher than initially reported.

Yet EPA Administrator Scott Pruitt, rather than working to reduce this dangerous pollution, has opened the door to even greater risks to public health.

On January 25th, Pruitt’s EPA abruptly overturned a long-standing policy that was designed to prevent large industrial sources from increasing their emissions of hazardous air pollutants such as benzene. Under the new policy, many industrial facilities that are now subject to tough emission standards for “major” sources would be allowed to become subject to weaker emission standards, or even avoid federal emission limits altogether.

This dangerous new “Air Toxics Loophole” was issued without any opportunity for public comment, and with no consideration of its public health or air pollution impacts.

That’s why, we joined with six other public health and environmental organizations last month to file a legal challenge to the Air Toxics Loophole in a federal court of appeals

Today, we are releasing a white paper that takes a closer look at what the Air Toxics Loophole might mean for emissions of hazardous air pollutants in the Houston-Galveston area. We used EPA’s own enforcement and compliance database, EPA’s most recent National Emissions Inventory (NEI), and a careful review of federal permitting records to identify facilities that might be able to take advantage of the Air Toxics Loophole – and to estimate what the potential emissions impact might be.

The results aren’t pretty. In the Houston area alone, we identified 18 facilities that are potentially eligible to use the new Air Toxics Loophole. These facilities collectively emitted approximately 183 tons (366,000 pounds) of hazardous air pollutants in 2014. If all of these facilities exploited the Air Toxics Loophole to the maximum degree, we estimated that annual hazardous air pollution from these facilities would increase by almost two-and-a-half times – to a total of about 450 tons (900,000 pounds).

Many of these facilities are located in communities that are highly vulnerable to the harmful impacts of air pollution: half are located in areas where more than one in five people live in poverty and where people of color make up more than 30 percent of the population. On average, almost 20,000 people live within three miles of each facility in our dataset.

We aren’t the only ones to point out the potential risks of the Air Toxics Loophole. A report issued by the Environmental Integrity Project last month identified twelve additional facilities across the Midwest that could take advantage of the Air Toxics Loophole – and estimated that emissions from those facilities could more than quadruple to 540,000 pounds per year if they were to do so.

EPA’s own staff have pointed out the risks as well. Under the George W. Bush Administration, EPA floated – but never finalized – a proposal that was very similar to the Air Toxics Loophole. EPA received critical comments from state air regulators and EPA’s regional offices that raised the same concerns about the potential increases in toxic air pollution.

That Administrator Pruitt has decided to plow ahead again despite those warnings, and with no public input and no analysis of health impacts, is unconscionable. The results of our Houston analysis underscore how reckless that decision was.

Unfortunately, this isn’t the first time this EPA has denied the public an opportunity to participate in a major decision that will impact so many lives. Over the last year, EPA has taken a series of actions to roll back important safeguards, often at the demand of industry representatives, with no opportunity for the public to comment. Luckily, courts have been serving as an important backstop and are rejecting agency actions taken with disregard for required administrative procedures.

Let’s hope that the Air Toxics Loophole meets the same fate.

Photo: Manchester Ship Channel in Houston. Credit: Garth Lenz/International League of Conservation Photographers

Also posted in Clean Air Act, Policy / Comments are closed

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

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

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

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

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

Emails refer to Pruitt’s personal involvement

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

Ferguson asked in an email:

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

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

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

Ferguson wrote back:

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

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

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

Scrubbing all traces of the Clean Power Plan

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

In a discussion about the new page, he wrote:

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

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

In one conversation, an EPA staff member stated:

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

A colleague responded:

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

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

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

Keeping Americans in the dark, thwarting democratic processes

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

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

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

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

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

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

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

Also posted in Clean Power Plan, News, Policy / Comments are closed

The fight for transparency and accountability at EPA

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

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

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

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

Scott Pruitt’s record of secrecy and ethical conflicts

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

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

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

Among other requirements:

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

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

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

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

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

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

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

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

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

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

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

EDF’s efforts to promote transparency and accountability

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Yes, Administrator Pruitt, EPA does have the obligation to protect America from climate pollution

(This post was co-authored by EDF’s Ben Levitan)

The head of the Environmental Protection Agency (EPA) is once again misleading the American people in an effort to avoid doing his job.

EPA Administrator Scott Pruitt was interviewed on Fox News this week, and questioned his legal authority and responsibility to protect the public from the pollution that causes climate change.

During that interview, Pruitt asked:

[W]hat authority has Congress given the EPA to engage in rulemaking to reduce [carbon dioxide]?

Pruitt made similar remarks at the Heritage Foundation earlier this week – peddling the discredited notion that the “Clean Air Act was set up to address local and regional air pollutants, not the global phenomena of [climate pollution].”

We’ve written about this extensively at EDF. We’re happy to go over it one more time to help Administrator Pruitt, since he seems to be having trouble understanding it.

  • That authority is in the Clean Air Act, which is a law that was passed by Congress.
  • We know that authority is in the Clean Air Act because the Supreme Court told us so.
  • The Supreme Court then said so again – and again after that.

So to sum up, we’ve been told by the High Court three times that the authority is indeed in the law that was passed by Congress.

Pruitt’s remarks come just over a week after he signed a proposed rule to abolish the Clean Power Plan — America’s only nationwide limit on climate pollution from fossil fuel power plants.

EPA is legally obligated to protect Americans from harmful climate pollution, but Pruitt’s destructive proposal would leave American communities exposed to greater climate risks, and cost thousands of American lives by increasing dangerous air pollution.

Pruitt’s words on Fox News, and even more so his actions, are appalling. The official who is charged with administering our nation’s clean air laws for the benefit of the American people – laws that the Supreme Court has now held on three separate occasions clearly apply to pollutants that are driving destructive climate change – should not be questioning his basic job description.

Communities and families across the country are already feeling the impacts of climate change through stronger hurricanes, increased flooding, more damaging wildfires, rising sea levels, worsened air quality, and more intense heat waves. Americans overwhelmingly want swift action to address this clear and urgent threat – not Pruitt’s distortions and delay.

Here’s more detail about Pruitt’s legal responsibilities:

Contrary to Pruitt’s claims, the Supreme Court has repeatedly and unequivocally affirmed that Congress gave EPA authority to regulate climate pollution:

  • In Massachusetts v. EPA (549 U.S. 497, 2007), the Supreme Court found “without a doubt” that climate pollution falls within the broad definition of “air pollutants” covered by the Clean Air Act. The Court ordered EPA to make a science-based determination as to whether those pollutants endanger public health and welfare. EPA finalized its determination 2009. The U.S. Court of Appeals for the D.C. Circuit categorically rejected a barrage of legal challenges to the determination, including one brought by Scott Pruitt when he was attorney general of Oklahoma.
  • In American Electric Power v. Connecticut (564 U.S. 410, 2011), the Supreme Court unanimously held that the Clean Air Act “speaks directly” to the problem of climate pollution from power plants – a point that even opponents of the Clean Power Plan conceded at oral argument in the case.
  • In Utility Air Regulatory Group v. EPA (134 S. Ct. 2427, 2014), the Supreme Court held that the Clean Air Act obligated EPA to ensure that new and modified industrial facilities apply the best available control technology to reduce their emissions of carbon dioxide.

Scott Pruitt’s latest statement questioning EPA’s authority not only contradicts the rulings of the Supreme Court, it departs from the views of former EPA Administrators who have served in administrations of both political parties.

As Christine Todd Whitman, EPA Administrator under George W. Bush, put it:

I think, as a matter of law, that carbon is a pollutant has been settled.

Pruitt’s comments to Fox News also contradict his own previous statements to Congress. During his confirmation hearing to become EPA Administrator, Pruitt told United States Senators that the Supreme Court rulings were the “law of the land” and needed to be “enforced and respected.”

In the Fox News interview, Pruitt also took aim at the Clean Power Plan, repeating his false claim that the Supreme Court held the plan to be unlawful.

In fact, the Supreme Court never issued an opinion on the merits of the Clean Power Plan. It never even heard the case.

The Supreme Court simply put the Clean Power Plan on hold until legal challenges played out in the courts. And since then, Pruitt’s EPA has gone to extraordinary lengths to prevent any court from ruling on the legal merits of the Clean Power Plan.

Just as Pruitt glosses over Supreme Court precedent he doesn’t like, he also seems to have invented a Supreme Court ruling that he desires.

Pruitt’s continued claims that the Clean Power Plan is unlawful are also at odds with the views of leading legal experts – including the Attorneys General of eighteen states, former Republican Administrators of EPA under Presidents Nixon, Reagan, and Bush, and leading drafters of the Clean Air Act. They have all stood up in federal court to defend the fundamental legality of this vital climate and health safeguard.

Pruitt also took a moment in his interview with Fox News to question the health benefits associated with the Clean Power Plan – which include as many as 3,600 avoided deaths each year and thousands of avoided heart attacks and asthma attacks.

As many experts have documented, Pruitt’s EPA has deployed deceptive gimmicks to hide the consequences to human health of repealing the Clean Power Plan. Those gimmicks include assuming, contrary to the conclusions of the American Heart Association, the World Health Organization, the National Research Council, and EPA’s own scientific advisors, that there are zero benefits to reducing air pollution beyond certain levels.

Pruitt made those claims even though EPA acknowledged in its proposed repeal that the Clean Power Plan would achieve pollution reductions that would protect the health of our children.

This isn’t the first time Scott Pruitt has distorted the law and science in order to dismantle key climate and public health protections. Along with the Clean Power Plan, Pruitt has attacked pollution standards for oil and natural gas facilities, climate pollution standards for cars, and standards for heavy-duty trucks.

Americans should be outraged at Scott Pruitt’s repeated misleading statements on settled questions of law and science.

Also posted in Clean Air Act, Clean Power Plan, Health, News, Policy, Setting the Facts Straight / Comments are closed