Selected category: Policy

Misguided Regulatory Accountability Act Will Increase Red Tape, Obstruct Vital Safeguards for Millions of Americans

New legislative proposals on the Hill put long-standing public health, safety and environmental protections at risk.

These so-called “regulatory reform” efforts sound innocuous, but they would dramatically increase red tape and industry lobbyist influence – eviscerating bedrock statutory protections for American communities.

Take just one example – the Senate version of the Regulatory Accountability Act from 2015, which is widely seen as a potential foundation for legislation in this new Congress.

With this legislation, the development of any new protections – new clean air protections, new food safety requirements, new care standards for veterans, new child safety regulations – would be subject to a range of needless additional hurdles. And if the protections couldn’t get through the hurdles in time, then the whole process would have to start again, from scratch. Important safeguards would face time-consuming, costly new burdens – burdens that would fall on the public, on businesses, and anyone trying to participate in the decision-making process.

These additional, costly hurdles will give powerful interests that can afford expensive lawyers a leg up in the rulemaking process – allowing them to delay and obstruct protections they don’t like, as well as boosting their chances of fighting in court – while tilting the playing field against everyone else.

Here’s a head-spinning diagram showing what the process for drafting a new safeguard would look like if this proposed legislation became law:

Here are just some of the burdensome new requirements included in the 2015 version of this legislation:

Paralysis by Analysis to Derail Vital Safeguards

The Regulatory Accountability Act would impose needless analytic requirements on proposed new protections that would add a heavy burden without any benefit. Agencies already exhaustively assess the costs and benefits of new protections, but this legislation would require agencies to analyze and compare a potentially limitless number of proposed alternatives to the plan they think is best, using a variety of new, additional analyses.

A new crib safety regulation, for example, put forth in response to evidence of a real threat to babies, might have to wait years while an agency completed a host of vague, undefined analyses for each alternative proposed by industry — as detailed in the diagram above. A court would then have broad authority to scrutinize the analyses’ adequacy, giving industry attorneys another chance to challenge and block important safeguards.

Thumb on the Scale Against Protecting Americans from Serious Harm

Not surprisingly, within the very long list of additional requirements in the Regulatory Accountability Act, there’s barely a hint of considering any of the benefits of health and safety protections – healthier and safer lives, stronger communities, new jobs in clean energy and health and safety fields, among many others.

Least Common Denominator

Under the Regulatory Accountability Act, at the initiation of rulemaking an agency would have to solicit alternatives for accomplishing the objectives of the agency “with the lowest cost.” For many rules, the agency would generally be required to adopt the least-costly option considered – regardless of the benefits of the different options.

Under this reasoning, a drinking water protection that imposes no costs would beat out one that imposes $1 in costs, even if the latter yielded substantially better protection and major health benefits.

While the Regulatory Accountability Act would permit an agency to adopt a rule that is “more costly than the least costly alternative,” it would only be authorized where the agency has completed additional burdensome analysis and explanation that would be subject to challenge in court – creating obvious pressure to default to the least protective approach.

More generally, this rigid requirement would override existing laws and leave safeguards more vulnerable to challenge in court from those opposed to protection.

Science on Trial

The Regulatory Accountability Act would allow anyone to request a formal hearing on the record with cross-examination of the parties over disputed facts. This addition would amount to a trial-like procedure at the proposal stage, and could be invoked in a wide range of circumstances. Echoing a theme of this legislation, the burden of proof would be against protection. There’s no clarity about what counts as a disputed fact – meaning that this burdensome, needless exercise could be invoked to rehash long-settled issues about health and environmental risks.

Consider a new air pollution protection – EPA might now be subject to an entire hearing procedure to re-prove that smog causes asthma attacks and other lung diseases. This requirement would add major delays and costs to implementation of any protection, and would put industry and other moneyed interests at a considerable advantage over organizations and individuals who are less able to retain expensive lawyers and expert witnesses.

Less Science, More Cost

The Regulatory Accountability Act includes new requirements for the publication of any and all data that an agency requests, receives, or relies on during a rulemaking process. Transparency is important – and it is a foundation of current rulemaking processes. But these requirements have significant similarities with the misguided Secret Science bill that has been considered in past Congressional terms in that it is incompatible both with ethical and legal requirements to keep personal health records confidential and is designed to obstruct consideration of major rigorous peer reviewed studies that properly rely on but do not disclose private individual health data.

Safeguard Guillotine

Under the proposed legislation, if an agency cannot meet newly imposed deadlines for finalizing a rule, it gets one extension. If the agency misses the second deadline, the proposal is null and void, and the agency must start over from scratch. No exceptions — not for veterans, not for airplane safety, not for children’s health, not for common sense, none. The agency must re-propose and start over from square one.

These arbitrary deadlines would be challenging to meet even under current procedures. With all the requirements imposed by this bill, anyone opposed to a new safeguard would have innumerable opportunities to drag out the process and force an agency to miss this arbitrary deadline – derailing vital safeguards and sending expert agencies back to the drawing board.

The Result: More Red Tape, Less Protection for Our Communities and Families

Why are supporters of this legislation arguing for more red tape?

The Regulatory Accountability Act is not designed to streamline and improve the regulatory process. It’s designed to bog down development of any new safeguard — any new protection. This bill offers countless new hurdles that can block new safeguards, or create new grounds for litigation and lawsuits. For big polluters, that would be great news.

For everyone else, this legislation would mean more delay, more burden, and more uncertainty in establishing basic protections. Many of these requirements substantially increase barriers for ordinary citizens and small businesses to participate and inform the decision-making process. The result, in practice, would be that big-money interests would have a big edge in influencing final decisions, at the expense of small businesses and everyday citizens.

 

Also posted in Clean Air Act, News, Setting the Facts Straight| Comments are closed

When EPA Is Under Threat, So Is Business: Two Key Examples

(This post first appeared on EDF+Business. It was written by EDF's Liz Delaney)

American businesses benefit tremendously from the robust voluntary and regulatory programs of the U.S. Environmental Protection Agency. These programs are now under threat of massive budget cuts and regulatory rollbacks.  In the coming weeks and months, the experts at EDF+Business will examine what a weakened EPA means for business. 

While some politicians may question the reality of climate change, most CEOs do not. So it’s no surprise that while Congress has been stuck, business has been busy addressing the problem. Luckily, they’ve had a helpful partner by their side: the U.S. Environmental Protection Agency (EPA).

Contrary to now head of the EPA Scott Pruitt’s claim that business has been subjected to "regulatory uncertainty"—stated during this year’s Conservative Political Action Conference—the Agency has administered a number of voluntary and regulatory programs that help corporations respond to the challenge of climate change. For companies, future planning is simply good business. This is why many in  Corporate America—having long accepted that climate change is real— are continuing to transition towards low-carbon energy options and work with the EPA to move forward in a sensible, cost-effective manner.

But with the recent announcement on Pruitt’s plans to cut the EPA’s budget by a reported 24 percent—roughly $6 billion, its lowest since the mid-1980's–it may be up to the business community to defend the instrumental role of the Agency in helping business thrive while protecting the environment.

Here’s a look at just two of the many EPA programs that have helped business transition to a clean energy future.

Forging a smart economic future with the Clean Power Plan

Many in the business community strongly supported the EPA’s Clean Power Plan (CPP)—the first-ever national limits on carbon pollution from power plants. The argument? Dirty sources of energy generation are becoming a growing concern for corporate America. These energy sources are increasingly uneconomic. Fortune 500 companies routinely set renewable energy and emissions reduction goals, but find roadblocks in many energy markets around the country.

Fortunately, the CPP can open new opportunities for businesses interested in operating in a clean energy economy. The rule’s flexible framework puts states in the driver’s seat to set plans that call for the most appropriate and cost-effective solutions for meeting pollution reduction targets while spurring innovation. If you ask me, this satisfies Pruitt’s call to "restore federalism" by giving states more of a say in regulations. The plans provide clarity on the energy options available to businesses in different regions, helping to inform their long-term carbon reduction strategies and eventually increase access to cost-effective low-carbon energy.

This explains why last year major innovators including Mars, IKEA, Apple, Google, and Microsoft filed legal briefs in federal court supporting the EPA’s Plan. And more recently, leading executives from over 760 companies and investors—many of them Fortune 500 firms—called upon the new Administration to move ahead with policies to address climate change, like the Clean Power Plan.

The CPP is positioned to:

  • Generate $155 billion in consumer savings between 2020-2030
  • Create 3x as many jobs per $1 invested in clean energy as compared to $1 invested in fossil fuels
  • Lead to climate and health benefits worth an estimated $54 billion, including avoiding 3,600 premature deaths in 2030

The Green Power Partnership

The Green Power Partnership is a voluntary program launched by the EPA to increase the use of renewable electricity in the U.S. Under the program, businesses are armed with resources and provided technical support to identify the types of green power products that best meet their goals. Since its inception, the Partnership has made notable progress in addressing market barriers to green power procurement.

Through the Partnership, companies can reduce their carbon footprints, increase cost savings, and demonstrate civic leadership, which further drives customer, investor and stakeholder loyalty. Take Colgate-Palmolive for example: as one of the Green Power Partnership’s national top 100, the consumer products giant has generated close to 2 billion kWh of annual green power through wind power alone. This represents 80% of the company’s total electricity use.

Today, hundreds of Partner organizations rely on billions of kWh of green power annually. At the end of 2015, over 1,300 Partners were collectively using more than 30 billion kilowatt-hours (kWh) of green power annually, equivalent to the electricity use of more than three million average American homes.

Pruitt has ratified the belief that we can “grow jobs, grow the economy while being good stewards of the environment”–and he’s right. The renewable energy industry is now outpacing the rest of the U.S. in job creation; which is good news for business and the economy at large. American wind power now supports more than 100,000 jobs—an increase of 32% in just one year—and solar employs more people in U.S. electricity generation than oil, coal and gas combined.

Long-term economics versus short-term politics

We don’t know what will happen in Washington over the next few years. But many businesses are moving forward. Rather than shift course, corporations are increasing investments in clean, reliable power, a move that is consistent with sound business practices.

But business can’t do it alone. The EPA supports responsible companies who have committed to reducing their carbon footprints while safeguarding our planet. It’s time for business to not just leverage their scale and buying power to help accelerate the transition to a clean energy future, but to speak up in favor of maintaining a well-funded agency that continues to make decisions based on sound science and the law.

In his first address to the EPA, Scott Pruitt said, “you can’t lead unless you listen.” Let’s make sure he hears from the businesses that are focused on a future where both the economy and the environment can thrive.

Also posted in Economics, Jobs, News, Setting the Facts Straight| Comments are closed

EPA SmartWay and Clean Truck Standards Save U.S. Businesses Millions

(This post originally appeared on EDF+Business)

American businesses benefit tremendously from the robust voluntary and regulatory programs of the U.S. Environmental Protection Agency. These programs are now under threat of massive budget cuts and regulatory rollbacks.  In the coming weeks and months, the experts at EDF+Business will examine what a weakened EPA means for business.

 

It’s safe to say that the EPA isn’t having the best week. Whether it was new administrator Scott Pruitt vowing to slash climate and water protections at CPAC or this week’s reveal that President Trump wants to slash a reported 24 percent of its budget, the EPA has taken a beating recently. However, what may not be as obvious is that slashing EPA’s budget and reducing funding to key programs actually hurts businesses that have greatly benefitted from EPA programs.

A key example of how the EPA bolsters business is freight. In the freight world, the EPA has done a lot for companies’ bottom lines while protecting human health and that of the planet. Companies seeking to reduce freight costs and achieve sustainability goals across supply chains receive immense value from the EPA.  Two key programs that provide this value are the U.S. EPA SmartWay program and the Heavy-Duty Truck Greenhouse Gas Program.

A compelling value proposition for business

SmartWay was created in 2004 as a key part of the Bush Administration’s approach to addressing clean energy and climate change. The program has grown from fifteen companies at its start to nearly 4,000 companies today. The program attracts strong private sector participation because it offers a clear and compelling value proposition: freight shippers gain access to information that enables them to differentiate between freight carriers on emissions performance.

This saves shippers money and cuts carbon emissions. Freight carriers participate in the program to gain access to large shippers, such as Apple, Colgate-Palmolive and Target.

The EPA SmartWay program is not only a popular program that is delivering billions of dollars of annual savings to the U.S. economy, it is also a core strategy for companies to reduce their freight emissions. The agency has calculated that since 2004, SmartWay partners have saved:

  • 8 million metric tons of carbon emissions
  • Over 7 billion gallons of fuel
  • $24.9 billion in fuel costs

To put it in perspective, the reduction of 72.8 million tons of emissions is roughly the equivalent to taking 15 million cars off the road annually. The $25 billion in aggregate savings from this one program is more than three times the annual budget of the entire EPA.

Given the strong value proposition of the program, it is no surprise that many companies with existing science-based targets on climate emission reductions participate in EPA SmartWay, including: Coca-Cola Enterprises, Dell, Diageo, General Mills, Hewlett Packard Enterprise, Ingersoll-Rand, Kellogg Company, Nestlé, PepsiCo, Procter & Gamble Company and Walmart.

Clean fuel driving a healthy U.S. economy

Another key program that is saving companies billions is the Heavy-Duty Truck Greenhouse Gas Program. This program supports long-term cost savings and emission reductions through clear, protective emission standards with significant lead time.

The first generation of this program, running from 2014 to 2017, was finalized in August 2011 and will cut oil consumption by more than 20 billion gallons, save a truck’s owner up to $73,000, deliver more than $50 billion in net benefits for the U.S. economy, and cut carbon dioxide pollution by 270 million metric tons.

The program was created with the broad support of the trucking industry and many other key stakeholders. Among the diverse groups that supported the standards were the American Trucking Association, Engine Manufacturers Association, Truck Manufacturers Association, and the United Auto Workers. The industry has embraced the new and improved trucks too.

The success of the first generation effort spurred the agency to launch a second phase that was finalized in August 2016. This effort stands to be a major success as well. The program is estimated to save:

  • 1.1 billion metric tons of carbon pollution
  • 550,000 tons of nitrous oxides and 32,000 tons of particulate matter (aka: harmful air pollutants)
  • 2 billion barrels of oil
  • $170 billion in fuel costs

This latest phase is also big hit with leading companies. More than 300 companies called for strong final standards during the rulemaking process, including PepsiCo and Walmart (two of the largest trucking fleets in the U.S.), mid-size trucking companies RFX Global and Dillon Transport, and large customers of trucking services General Mills, Campbell’s Soup, and IKEA. Innovative manufacturers, equipment manufacturers, and freight shippers have also called for strong standards.

The corporate support for these standards was so impressive that the New York Times issued an editorial illustrating a rare agreement on climate rules.

Every company that sells goods in the market benefits immensely from these two programs and many others from the U.S. EPA. Programs like EPA SmartWay and the Heavy Truck Greenhouse Gas Standards are saving companies and consumers billions of dollars annually, and are integral to corporate efforts to cut carbon emissions.

Looking ahead

In his remarks to EPA employees on his first day on the job, Pruitt acknowledged that “we as an agency and we as a nation can be both pro-energy and jobs and pro-environment…we don’t have to choose”. My hope is that this is a signal of open mindedness to a path forward would allow further improvements to the environment and the economy rather than roll-backs on vital programs and protections.

Perpetuating the belief that the EPA and business are at odds will not only hurt the environment, but would endanger American prosperity.

Also posted in Cars and Pollution, Clean Air Act, Greenhouse Gas Emissions, Setting the Facts Straight| Comments are closed

EPA by the Numbers — Longer, Healthier Lives Across America

The Environmental Protection Agency has restored healthier air and cleaner water for millions of Americans, bringing our country back from the brink of far-reaching – and dangerous – industrial pollution. All Americans in red, purple and blue states alike have benefited profoundly from the balanced safeguards EPA has put in place.

Gutting EPA, as proposed by some, imperils American lives, puts our children and communities at serious health risk, and will have lasting public health and environmental consequences for future generations.

Here is a snapshot of EPA by the numbers:

 

1970

EPA established with bi-partisan support by Republican President Richard Nixon

67

Percent of Americans across the country who think EPA should stay the same or be strengthened

230,000

Lives saved each year by EPA’s implementation of the Clean Air Act in 2020

2.4 million

Asthma attacks prevented each year by EPA’s implementation of the Clean Air Act in 2020

22.4 million

Avoided lost school or work days each year due to EPA’s implementation of the Clean Air Act in 2020

30:1

Ratio of benefits to costs– the Clean Air Act provides $30 in health benefits for every $1 invested in compliance

1,308

Number of enforcement actions concluded in fiscal year 2016 under the Clean Water Act and Safe Drinking Water Act

62 billion

Pounds of hazardous waste EPA enforcement actions required companies to commit to treat, minimize, or properly dispose of in fiscal year 2016

190 million

Cubic yards of contaminated soil and groundwater cleanup commitments secured in fiscal year 2016 alone (enough to fill the Empire State Building over 138 times)

13,500

Number of compliance inspections and evaluations EPA conducted in fiscal year 2016

15,376

EPA staff in 2016 – already down from 18,110 staff in 1999

11,532

EPA staff under the Trump Administration’s proposed draconian budget cuts (assumes a 25 percent cut in EPA staff). This would put staff near 1984 levels

40,000

Pounds of toxic mercury cut from coal plants by the Mercury and Air Toxics Rule

1

EPA Administrator who laughed about dismantling the EPA – 1 in over 40 years

 

EPA has saved and improved millions of Americans’ lives while our nation has also had tremendous economic growth and prosperity, as the graphic below demonstrates. Gross Domestic Product, population, vehicle miles traveled, and energy consumption have risen dramatically while the U.S. has reduced lethal particulates, lead, sulfur dioxide, smog, and other contaminants.

Unfortunately, many Americans still struggle with dirty air and unclean water supplies. And we are all at risk from the threat of climate change. The progress that EPA has made in protecting Americans needs to be continued and strengthened, not cut back. We need EPA operating on all cylinders – fully staffed — to protect human health and the environment for all Americans.

 

Also posted in Clean Air Act, News, Setting the Facts Straight| Comments are closed

EPA Has the Responsibility and the Tools to Address Climate Pollution Under the Clean Air Act

(EDF Attorney Ben Levitan co-authored this post)

It’s barely a week since Scott Pruitt was confirmed as EPA Administrator, and he has already provided yet another indication of why he has no business leading the agency.

In an interview with The Wall Street Journal, Pruitt says he wants to undertake a “careful review” as to whether EPA has the “tools” to address climate change under the Clean Air Act. Pruitt further states that EPA should withdraw the Clean Power Plan – a vital climate and public health measure to reduce carbon pollution from the nation’s power plants – and instead wait for Congress to act on the issue of climate change.

Those statements are contrary to the law and disconnected from reality. As Pruitt surely knows, the federal courts – including three separate decisions of the Supreme Court – have made it abundantly clear that the Clean Air Act requires EPA to protect the public from dangerous pollutants that are disrupting our climate. The courts have repeatedly rejected Pruitt’s theory that climate pollution is an issue that only Congress can address through new legislation.

Over the last eight years, EPA has demonstrated that the Clean Air Act is an effective tool for addressing the threat of climate change — by putting in place common sense, highly cost-effective measures to reduce climate pollution from cars and trucks, power plants, oil and gas facilities, and other sources. These actions under the Clean Air Act are saving lives, strengthening the American economy, and yielding healthier air and a safer climate for our children.

Pruitt’s casual willingness to abandon that progress based on a discredited legal theory demonstrates deep contempt for the laws he is charged with administering and the mission of the agency he now leads.

EPA Is Legally Obligated to Address Climate Pollution

The Supreme Court has repeatedly held that EPA clearly has the authority and responsibility to address climate pollution under the Clean Air Act:

  • In Massachusetts v. EPA (549 U.S. 497, 2007), the Supreme Court held that climate pollutants plainly fall 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 (a determination that EPA ultimately made in 2009, and that has been upheld by the federal courts).
  • In American Electric Power v. Connecticut (564 U.S. 410, 2011), the Supreme Court held that the Clean Air Act “speaks directly” to the problem of climate pollution from power plants.
  • In Utility Air Regulatory Group v. EPA (134 S. Ct. 2427, 2014), the Supreme Court held that the Clean Air Act obligated EPA to address climate pollution from new and modified industrial facilities.

In Massachusetts v. EPA, the Bush Administration’s EPA made — and the Supreme Court rejected —Pruitt’s same argument that EPA lacks the authority and tools to address climate pollution.

The Supreme Court said in no uncertain terms that:

The statutory text forecloses EPA’s reading … Because greenhouse gases fit well within the Clean Air Act’s capacious definition of ‘air pollutant,’ we hold that EPA has the statutory authority to regulate the emission of such gases from new motor vehicles. (emphasis added)

The Supreme Court went on to explain that – contrary to what Pruitt is now saying – Congress intended to provide EPA with the tools it needed to address new air pollution challenges, including climate change:

While the Congresses that drafted [the Clean Air Act] might not have appreciated the possibility that burning fossil fuels could lead to global warming, they did understand that without regulatory flexibility, changing circumstances and scientific developments would soon render the Clean Air Act obsolete. The broad language [of the Act] reflects an intentional effort to confer the flexibility necessary to forestall such obsolescence. (emphasis added)

The Court also found that nothing about climate pollution distinguishes it from other forms of air pollution long regulated under the Clean Air Act. It rejected the Bush Administration’s attempt to argue that climate pollution is somehow “different,” saying that theory was a “plainly unreasonable” reading of the Clean Air Act and “finds no support in the text of the statute.”

That was the law under the Bush Administration – and it remains the law today. It is a binding, rock-solid precedent regardless of who is running EPA at any given time.

Pruitt ought to know all this, because he was one of the Attorneys General who joined polluters and their allies in challenging EPA’s determination that climate pollution endangers public health and welfare.

That 2009 determination was in response to Massachusetts v. EPA, and it was based on an immense body of authoritative scientific literature as well as consideration of more than 380,000 public comments. Yet in their legal challenge to the determination, Pruitt and his allies again argued that EPA should have declined to make an endangerment finding based on the supposed difficulty of regulating climate pollution under the Clean Air Act.

A unanimous panel of the D.C. Circuit rejected those claims, finding that:

These contentions are foreclosed by the language of the statute and the Supreme Court’s decision in Massachusetts v. EPA … the additional exercises [state and industry challengers] would have EPA undertake … do not inform the ‘scientific judgment’ that [the Clean Air Act] requires of EPA … the Supreme Court has already held that EPA indeed wields the authority to regulate greenhouse gases under the CAA. (Coalition for Responsible Regulation v. EPA, 684 F.3d 102, D.C. Cir. 2012, emphasis added)

The Supreme Court did not even regard further challenges to the endangerment finding as worthy of its review. (See Order Denying Certiorari, Sub Nom Virginia v. EPA, 134 S.Ct. 418, 2013)

Pruitt’s suggestion that EPA should stop applying the Clean Air Act’s protections to an important category of pollutants – greenhouse gases – amounts to a repeal of Congress’s core judgment that all air pollutants that cause hazards to human health and the environment need to be addressed under the Clean Air Act. It is an audacious and aggressive effort to alter the Clean Air Act in a way that Congress has never done (and has specifically declined to do when such weakening amendments have been proposed).

EPA Has Established a Strong Record of Successful Climate Protections

Pruitt’s statements also ignore the pragmatic way in which EPA has carried out its legal obligations to address climate pollution. Since Massachusetts v. EPA was decided, EPA has issued common sense, cost-effective measures for major sources of climate pollution – including power plants; cars and trucks; the oil and gas sector; and municipal solid waste landfills.

These actions demonstrate that Pruitt is flatly wrong to suggest that EPA lacks the “tools” to address climate change under the Clean Air Act. They include:

  • The Clean Power Plan will reduce carbon pollution from the nation’s power plants to 32 percent below 2005 levels by 2030, while providing states and power companies with the flexibility to meet their targets through highly cost-effective measures – including shifting to cleaner sources of generation and using consumer-friendly energy efficiency programs that would reduce average household electricity bills by $85 per year. The Clean Power Plan will protect public health too, resulting in 90,000 fewer childhood asthma attacks, 300,000 fewer missed school and work days, and 3,600 fewer premature deaths every year by 2030. The value of these health benefits alone exceeds the costs by a factor of four, and the climate benefits are roughly as large.
  • EPA’s standards for cars and other light-duty vehicles, will save the average American family $8,000 over the lifetime of a new vehicle through reduced fuel costs – while saving 12 billion barrels of oil and avoiding 6 billion metric tons of carbon pollution. A recent analysis by EPA and the U.S. Department of Transportation found that manufacturers are reaching these standards ahead of schedule and at a lower cost than originally anticipated.
  • The most recent Clean Truck Standards, which were finalized in August 2016, will save truck owners a total of $170 billion in lower fuel costs, ultimately resulting in $400 in annual household savings by 2035 – while also reducing carbon pollution by 1.1 billion tons over the life of the program. These benefits are one reason why the Clean Truck Standards have broad support from manufacturers, truck operators, fleet owners and shippers.
  • EPA’s methane emission standards for new and modified oil and gas facilities, finalized in June 2016, will generate climate benefits equivalent to taking 8.5 million vehicles off the nation’s roads – while having minimal impact on industry.

When Scott Pruitt suggests that the Clean Air Act is a poor fit for regulating climate pollution, he overlooks the clear command of the statute, as confirmed repeatedly by the Supreme Court. He also ignores EPA’s successful history of issuing regulations that protect the environment while promoting significant health and economic benefits.

Pruitt might try to distort the truth in an effort to wipe climate protections off the books — subjecting our children and grandchildren to the dire health, security and economic effects of unlimited climate pollution in the process. But the law and the facts are not on his side.

EPA must address climate pollution under the Clean Air Act, and it has the tools to do so effectively.

Also posted in Cars and Pollution, Clean Air Act, Clean Power Plan, EPA litgation, News| Comments are closed

Congressional Review Act: A Law of Unintended and Long-Lasting Consequences

3802348922_e99184a252_bWith legislation flying fast and furious through the Capitol – much of it using new or unusual legal mechanisms – lawmakers today must be doubly mindful of unintended consequences. Case in point: Actions rushed through the House and Senate under an obscure law called the Congressional Review Act (CRA), the details of which can cause deeper, more lasting impact than the simple name implies.

The CRA dates to the 1990s. It says that any rule finalized by a federal agency can be subject to an expedited congressional repeal for 60 legislative days after the agency sends up a copy of the final rule and a report detailing the reasons for its promulgation. Within that window, either chamber can introduce a joint resolution of disapproval – which, if passed by both houses of Congress and signed by the president, effectively voids the rule.

The law sounds simple enough. But it leaves a lot of room for error or mischief.

The CRA enjoys fast-track privileges, allowing a CRA bill to go straight to the floor without committee hearings. A so-called resolution of disapproval can be brought up at any time, with little or no notice. In the Senate, passage requires only a simple majority (51 votes). The measures are not subject to filibuster.

Until January, only one such resolution had ever been passed and signed into law, and the CRA has never been tested in court. But now there are at least 10 different CRA actions moving through the House and Senate. It’s worth a close look at what those measures would really do.

Hands Tied

If the President signs the joint resolution, the agency rule is voided. What’s more, that agency is forever barred from issuing any rule that is “substantially the same” as the as the one voted down. And therein lies the most serious problem.

Because this vague provision has never been clarified by the courts, agencies will almost certainly hesitate to undertake a new rule on the same topic, no matter how serious and well founded the action might be or regardless of new information (this is exactly what happened to the Occupational Safety and Health Administration, the only agency so far to have a rule disapproved through the CRA).

In short, CRA disapproval is a drastic and extreme legislative move that shouldn’t be undertaken lightly by either political party.

CRA Attack on BLM Waste Rule Defies Logic

Take for example the CRA resolution passed last week by the House of Representatives, which would roll back a Bureau of Land Management rule requiring oil and gas companies operating on millions of acres of federal and tribal land to take cost-effective, common-sense steps to reduce nearly 110 billion cubic feet of taxpayer-owned natural gas they currently waste each year through leaks, venting, or simply burning it off (called flaring).

That gas is worth an estimated $330 million dollars annually — more than $1.5 billion since 2013 — and is enough to supply every home in a city the size of Chicago for a year. Besides squandering a valuable energy resource, the waste generates air pollution affecting the health of millions of Americans.

BLM’s much-needed and long-overdue standards to address this problem took years to craft, and reflect input received in over 300,000 public comments.  Industry lobbyists have glibly suggested that a resolution of disapproval means that rule could somehow be sent back to the agency for a redo. But this is not how the CRA works. Lawmakers in that chamber need to understand this critical difference before they vote.

Waking Up to the Problem

The good news is lawmakers in both houses appear to be increasingly aware of the issues involved with the CRA. A resolution roll back the BLM rule passed the House on a vote of 221-191, with a record 11 Republicans voting no (and three Democrats voting yes).

The bill is could hit the Senate floor at any time. Before they vote, Senators should step back and understand that the CRA resolution offers up an axe in place of the scalpel that many are seeking, and weigh their decision accordingly. We need our lawmakers to stand up for their constituents – American taxpayers – to promote their interests over the needs of the oil and gas lobby.

Image source: Flickr/k3nna

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