Healthier, safer summers – brought to you by EPA

This weekend is Memorial Day – the unofficial start to summer. That means kids across the country – and adults too – are counting down the days until summer vacation.

Whether your plans include going to a beach, visiting a national park, or just letting your kids play outside in the sprinklers, the Environmental Protection Agency (EPA) plays an important role in making your summer healthier and safer – in ways you might not realize.

Here are four examples of how EPA improves summers for all Americans:

  1. Reducing deadly smog

Smog comes from pollution emitted from cars, power plants, and other sources. It can lead to asthma attacks, heart attacks and even deaths.

The summer smog season has already started in most parts of the country. A number of “code orange” days – the terms for days when the air may be too dangerous for some people, like children with asthma and seniors with heart conditions, to be outdoors – have already been issued.

Los Angeles in 1948 USC Libraries Special Collections – Los Angeles Examiner

Smog has improved significantly in recent decades, thanks to EPA and state leadership, but air quality in the U.S. continues to be a serious problem that can jeopardize public health and limit many individuals’ freedom to spend time outdoors. The American Lung Association estimates that more than a third of Americans live in areas with unhealthy levels of smog.

EPA has worked for decades to reduce smog, most recently when the agency issued new standards for smog in 2015. Once they're in effect, those standards will prevent 230,000 asthma attacks among children every year. That doesn’t include the benefits for California, which EPA calculated separately – the smog standards will prevent another 160,000 asthma attacks among children in that state alone.

Los Angeles nowAlamy

Unfortunately, smog standards are under attack in Congress. Several bills to delay and fundamentally alter how these and other air pollution standards are set are now moving through the Senate. Additionally, President Trump’s proposed budget for 2018 cuts funding for the air monitoring that warns families about “Code Red” and “Code Orange” days – the days when air quality reaches unhealthy levels – by almost one third. 

  1. Safer, cleaner beaches

Many of us look forward to summer for the opportunity to spend time on the beach.

Last year, U.S. beach attendance was almost 360 million (more than the entire U.S. population!).

Unfortunately, beaches can be shut down by pollution – including raw sewage, which can expose swimmers to harmful microorganisms called “pathogens” that can make people sick.

An analysis done by the Natural Resources Defense Council a few years ago looked at water samples from 3,485 coastal U.S. beaches – and found that 10 percent of them were above EPA’s benchmark for swimmer safety. The analysis also notes that an estimated 3.5 million people are sickened every year from contact with raw sewage.

EPA – in partnership with states, local governments, and others – works to protect our nation’s beaches. The agency enforces laws and administers programs that regulate sources of water pollution at beaches, conducts leading scientific research on pathogens and sets national standards and criteria, funds grants to states and local governments to help protect our beaches, provides information to the public about water quality, and more. This work helps ensure that America’s beaches stay safe, clean, and open for visitors.

Here are a few examples of beach monitoring and cleanup grants distributed by EPA:

  • Lakeview Beach Green Infrastructure Project in the Great Lakes. The City of Lorain, Ohio got a $250,000 grant to construct a “green” stormwater treatment system at the city’s Lakeview Park, located on Lake Erie. The new system will reduce the E. coli bacteria in stormwater from being directly discharged into Lake Erie at Lakeview Beach, and will reduce the frequency of bacteria-related beach closures.

President Trump’s proposed budget for EPA would eliminate the beach monitoring grants program, among many other things that could impact the health of our nation’s beaches.

  1. Cleaning up the air in our national parks

Shenandoah National Park on a clear day and a hazy dayNational Park Service

National parks are a popular destination for summer vacationers across the country.

According to the National Park Service, there were over 307 million visits to our national parks last year and those visitors spent $16.9 billion in surrounding communities. This spending supported 295,000 jobs and contributed $32 billion to economic output nationally.

EPA and other agencies monitor visibility at 155 national parks and wilderness areas across the country. Unfortunately, many national parks suffer from haze – a form of pollution – that can tarnish scenic vistas and create health problems for visitors.

EPA’s program to reduce haze and other pollution harming our parks has led to measurable improvements in visibility. However, according to the National Parks and Conservation Association, three out of four of our most iconic national parks struggle with unhealthy air, and visitors miss about 50 miles of scenery because of haze.

EPA’s work to reduce the pollution affecting our parks is under threat by Administrator Scott Pruitt, who sued EPA over a plan to reduce haze when he was Attorney General of Oklahoma.

  1. Reducing the pollution contributing to climate change

Climate change affects virtually every facet of our lives and can exacerbate all of the problems listed above – more smoggy days, rising sea levels and more pathogens potentially spreading at beaches, and worse haze in our parks.

Extreme summer heat can also cause illness and death, and climate change is increasing the frequency and severity of those potentially deadly heat waves.

EPA has provided essential leadership to address climate change – including setting standards that would reduce pollution from power plants, cars, trucks, oil and gas operations, and more. Actions underway by EPA Administrator Scott Pruitt and severe budget cuts in President Trump’s proposed EPA budget could significantly harm the progress we’ve made and delay urgently needed protections for public health and our climate.

President Trump and Administrator Pruitt have indicated they will seek to unravel numerous climate protections, including the Clean Power Plan. Their proposed budget for EPA and other agencies undermines climate research and policies, including by zeroing out the U.S. Climate Action Plan.

Protecting the things that we love about summer

EPA’s work protects our air, our water, our beautiful beaches and parks – and most important, the health and safety of our families. As you enjoy your summer, please remember how important it is to protect the qualities that make summer great.

We need a strong EPA – now and all year long. More than just our summers are at stake.

Posted in Basic Science of Global Warming, Extreme Weather, Health, News, Policy, Science| 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.

Posted in Clean Air Act, Clean Power Plan, EPA litgation, News, Partners for Change, Policy| Comments are closed

Regulatory Accountability Act would wrap red tape around our most important health and safety protections

(This post was co-authored by EDF legal Fellow Rosalie Winn)

New legislation introduced in the Senate threatens to undermine critical public health, safety and environmental protections through paralysis by analysis.

The Regulatory Accountability Act, recently introduced by Senators Rob Portman of Ohio and Heidi Heitkamp of North Dakota, would tie up essential safeguards in enormous amounts of red tape – putting at risk longstanding protections in child safety, food safety, auto safety, and other areas that Americans depend on and often take for granted.

If the Regulatory Accountability Act were to become law, common sense new safeguards would have to make it through a mind-boggling series of analyses before they could begin to protect Americans.

We’ve illustrated this recipe for paralysis by analysis in this diagram:

Here’s a small sample of important safety measures — recent or in progress — that would get tied up in red tape under this bill’s approach:

We’ve written before about how the Regulatory Accountability Act would stymie agencies’ ability to address public concerns.

Important protections would face time-consuming, costly new burdens – burdens that would fall on the public, on businesses, and on anyone trying to participate in the decision-making – while giving an advantage to big-money interests who can afford expensive lawyers.

The Regulatory Accountability Act would allow opponents of health and safety protections to delay and obstruct the safeguards they don’t like, while leaving all Americans more vulnerable.

Posted in Health, News, 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.

Posted in Clean Air Act, Clean Power Plan, EPA litgation, News, Policy| Read 1 Response

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

Wikimedia Commons

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.

Posted in Clean Air Act, Health, News, Policy| Comments are closed

Take these first steps to lower your impact on climate change

Happy Earth Day

The average household in the United States emits almost 100,000 pounds of carbon dioxide per year. That is about the same weight as 10 adult African elephants.

Earth Day is tomorrow, and at this time of the year, many of us are thinking about those kinds of facts. We wonder how we can personally help the climate by reducing our individual impacts.

A simple internet search will yield a laundry list of actions that may be overwhelming, and often will be far less than satisfying. You may find suggestions that are not indicative of the actual size of your impact (turning off your lights versus not flying from east to west coast, for example – they are not equivalent). You may also find information that is irrelevant to your specific lifestyle (for example, the recommendation to cut out meat when you are already a vegetarian).

Because each of our lives is unique (click here to see how carbon footprints vary by zip code), we really need to have a good understanding of our personal and professional impacts on the climate before we can determine good actions to take, and choices to make, to reduce those impacts.

Here is a table with some great resources, to help you get started:

 

PERSONALPROFESSIONAL
Calculate your carbon footprint AND determine specific actions you can take to reduce your impactUse this calculator to:

1. Determine your personal carbon footprint (broken down by travel, housing, food, goods, and services)

2. Develop your unique action plan tailored to your personal impacts (includes emissions saved, dollars saved, and upfront costs)
Use this calculator to:

1. Determine your business carbon footprint (broken down by travel, facilities, and procurement)

2. Develop your unique action plan tailored to your business impacts (includes emissions saved, dollars saved, and upfront costs)
Make better choicesLearn how to save energy and money at home, on the move, at the store, in the yard, at the curb, and at work
Learn how to be more energy efficient at home, in buildings, and in plants, and to buy more efficient products and new homes.
Posted in Cars and Pollution, Energy, Greenhouse Gas Emissions, Partners for Change, Science| Comments are closed
  • About this blog

    Expert to expert commentary on the science, law and economics of climate change and clean air.

  • Get new posts by email

    We'll deliver new blog posts to your inbox.

    Subscribe via RSS

  • Categories

  • Meet The Bloggers