Climate 411

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

By Martha Roberts / Published: May 10, 2017

(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.

Also posted in Health, 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

By Martha Roberts / Published: May 4, 2017

(This post was co-authored by Tomas Carbonell)

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

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

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

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

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

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

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

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

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

EPA has a duty to protect Americans from dangerous climate pollution

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

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

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

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

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

Also posted in Clean Air Act, Clean Power Plan, EPA litgation, Policy / Read 1 Response

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

By Charlie Jiang / Published: April 26, 2017

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.

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

Four Important EPA Programs Threatened by President Trump’s “Skinny Budget”

By Mandy Warner / Published: March 17, 2017

Wikimedia Commons

The Environmental Protection Agency’s (EPA) critical mission to protect health and the environment is strongly supported by the public, which is why it is incredibly alarming to see that President’s Trump’s new “skinny budget” would cut EPA’s funding by 31 percent.

Half of EPA’s budget goes to states, tribes, local agencies, and non-profits, which help carry out EPA’s lifesaving mission and provide significant benefits to communities in the process. EPA also provides essential technical guidance, assistance, scientific research, coordination, and more to help states and others protect health and the environment. Budget cuts to EPA would jeopardize Americans’ health and the safety of their communities.

In addition to the vital programs that protect our air and water, these are a few examples of programs that EPA oversees – and that are now at risk.

Cleaning Up Pollution from School Buses

School buses take 25 million American children to and from school every day. Many of these buses are old and their exhaust includes harmful pollutants like nitrogen oxides, particulate matter, and toxics.

Children are particularly vulnerable to pollution given their faster breathing rates and developing respiratory systems. Exposure to this pollution can aggravate asthma and cause other health problems.

Newer diesel engines are 90 percent cleaner than the old ones, however. So EPA administers a program for school districts to help them fix the problem. School districts can apply for rebates to replace or retrofit older buses under the Diesel Emissions Reduction Act (DERA) – a broadly bi-partisan program enacted by Congress. More than 500 school districts applied for this program in 2016 and 88 school bus fleets from 27 states were selected. More than 400 older diesel buses will be retrofitted or replaced thanks to DERA.

The 2016 grant recipients include:

  • Marana Unified School District #6 in Arizona, which received $465,000 to replace or retrofit 20 buses
  • Three school districts in Michigan (Haslett, Hudsonville, and Whittemore) that received $180,000 for nine buses
  • Three school districts in Pennsylvania (Carlisle, Glenmoore, and Philadelphia) that received $305,000 for 17 buses

The school bus program provides essential funding to school districts that need it. And we know that cleaning up buses is working – a recent study found that children in schools that had adopted cleaner fuels and technology were absent less and had improved lung function. Experts estimate that there are 250,000 older, dirtier school buses still in operation, indicating that we – and EPA – have much more work to do to protect children’s health.

(The school bus program is just one part of the DERA program to reduce diesel emissions. Find total DERA allocations to all states, from 2012-2016, here.)

Chesapeake Bay Program

The Chesapeake Bay ecosystem provides more than $100 billion in economic benefits each year to the region’s 18 million residents, yet has for years been threatened by air and water pollution.

The Chesapeake Bay Program, created in 1983, is a partnership of six states (Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia), the District of Columbia, the federal government, and numerous local governments and NGOs dedicated to restoring this iconic feature of the Mid-Atlantic.

EPA plays a vital coordination and technical advisory role for the Chesapeake Bay Program, setting goals and assisting local jurisdictions’ efforts to meet them. About two-thirds of the $70 million or so EPA dedicates to the Chesapeake Bay Program flows to state and local governments as grants.

Successful — yet ongoing — cleanup efforts include:

  • Between 1985 and 2015, the Chesapeake Bay Program has reduced harmful nitrogen water pollution by 30 percent, phosphorus by 40 percent, and sediment by 25 percent.
  • The outlook for fish and blue crab habitats, as well as key wetlands and underwater grasses, is also improving.
  • A new agreement signed in 2014 launched a more robust, accelerated restoration pathway that is still being implemented and just starting to show signs of progress.

Budget cuts to the Chesapeake Bay Program would jeopardize these encouraging trends.

Cleaning up Brownfields and Toxic Sites

Brownfields – properties contaminated by a hazardous substance – present a significant challenge to communities.

There are almost half a million Brownfields sites across the country. EPA provides technical assistance and administers several grant programs for states, local governments, and tribes to clean these sites up, conduct assessments, do job training, develop plans for use of the properties, and more.

These projects not only protect a community’s health and citizens, they also provide valuable economic and societal benefits by bolstering redevelopment efforts in existing communities —turning abandoned properties and eyesores into engines for job creation and economic growth.

In fiscal year 2016, projects created $16.11 per EPA dollar expended. Brownfields projects have overall created more than 117,000 jobs nationwide and have been found to increase residential property values near a Brownfields site by as much as 15.2 percent when a cleanup is completed.

A few projects funded or completed include:

  • $600,000 awarded for cleanup of a former tannery in Berwick, Maine. The vacant property was used for 100 years for leather tanning, woolen milling, and shoe and carriage manufacturing. Contaminants include VOCs, PAHs, and metals in soil and groundwater.
  • In Shelby, Montana, a largely abandoned historic school building was assessed for environmental issues, and asbestos and lead were cleaned up as part of a $200,000 EPA grant. The school was turned into a community center and was estimated to create 15 permanent jobs.
  • With $250,000 in EPA grant funding, the town of Fletcher, North Carolina turned a former log home manufacturing facility into a town hall. The project included clean-up of dioxin (a chemical that can cause reproductive and developmental problems and cancer) and pentachlorophenol (a chemical associated with cancer and other harmful impacts to human health).

According to EPA and U.S. Census data, approximately 104 million people (one-third of the U.S. population) live within three miles of a Brownfields site that received EPA funding, including more than one-third of all children under the age of five.

Reducing Lead

Thanks to the EPA’s decades-long effort to address the threat of lead pollution, blood lead levels across the country have declined more than 90 percent since the mid-1970s (see this interactive EDF graphic to learn more about the policies that helped). These efforts have protected countless children from the lifelong burden of diminished IQ from early childhood lead exposure.

However, according to the Centers for Disease Control and Prevention, at least four million households have children living in them who are still being exposed to high levels of lead —highlighting the need for continued EPA efforts and funding in this area.

Over the past five decades, EPA has worked to reduce or eliminate the use of lead in gasoline, paint, plumbing pipes, and soil. EPA provides lead reduction grants to states, territories, and tribes to help them implement programs to mitigate lead-based paint in homes. EPA also conducts extensive outreach to educate the public about the health risks of lead exposure, and manages a national certification program for contractors who work on homes containing lead. Last year, EPA took more than 100 enforcement actions to require property managers and contractors to protect vulnerable communities from the dangers of lead.

A few examples of funded EPA programs include:

  • $243,007 awarded to the Arkansas Department of Health to administer and enforce the state’s lead based paint program, which will support training for lead inspectors and lead enforcement activities, and will help protect children from lead poisoning.
  • One of EPA’s regional offices (representing Arkansas, Oklahoma, Texas, Louisiana, New Mexico and 66 tribes) provided $898,384 in grants for work on lead abatement programs,  which include providing training for lead inspectors, conducting outreach, conducting inspections of contractors engaged in lead-based paint abatement activities, and enforcement action.
  • The Ohio Department of Health was awarded more than $55,000 to develop and refine its state lead licensing program and almost $375,000 to administer its lead accreditation and certification program in FY 2016.

These programs are just a small snapshot of the lifesaving programs EPA implements to protect public health. Programs like these could be completely eliminated or severely cut if the “skinny budget” is adopted by Congress.

Also posted in Health, Policy / Read 1 Response

America’s Leaders Weigh in on the Dangers of Proposed EPA Budget Cuts

By Mandy Warner / Published: March 15, 2017

Wikimedia Commons

Details of President Trump’s budget for the Environmental Protection Agency (EPA) have started leaking out — and they are alarming, to say the least.

The reported budget cuts outline a disturbingly stark vision for the nation’s guardians of human health and the environment, cutting EPA staff by one-fifth and resources by 25 percent.

This budget would reportedly slash funding to restore the Great Lakes and the Chesapeake Bay, for state air quality grants, for environmental justice programs, for safe drinking water grants to states, and much more.

It would also reportedly gut EPA’s Office of Research and Development, the office responsible for guiding the agency’s approach to science. The Office of Research and Development includes vital work like the Safe and Sustainable Water Resources program.

This short-sighted budget proposal would mean dirtier air and water. It would mean more deaths among American citizens, and more asthma attacks among American children.

That’s why reports of a budget proposal this alarming has drawn criticism from all corners of America, from red and blue states alike.

As Jim Brainard, the Republican Mayor of Carmel, Indiana put it:

I haven’t met a Republican or Democrat yet that wants to drink dirty water or breathe dirty air.

Members of Congress from both parties, former EPA administrators serving under both Republican and Democratic Presidents, experts from state and local air agencies, environmental justice groups, and others all agree:

William Ruckelshaus, EPA Administrator for Presidents Nixon and Reagan:

A strong and credible regulatory regime is essential to the smooth functioning of our economy… Budget cuts that hurt programs that states now have in place to meet those duties run the risk of returning us to a time when some states offered industries a free lunch, creating havens for polluters. This could leave states with strong environmental programs supported by the public at a competitive disadvantage compared to states with weak programs. In other words, it could lead to a race to the bottom.

Christine Todd Whitman, EPA Administrator for President George W. Bush:

I haven’t ever really seen anything quite like this,” and on the enforcement of environmental rules, “a lot of that enforcement is protecting people.

Gina McCarthy, EPA Administrator for President Obama:

This budget is a fantasy if the administration believes it will preserve EPA’s mission to protect public health… It ignores the need to invest in science and to implement the law… It ignores the lessons of history that led to EPA’s creation 46 years ago. And it ignores the American people calling for its continued support … This is actually going to be devastating for the agency’s ability to protect public health.

WE ACT for Environmental Justice:

Trump’s proposed cuts to EPA’s programs are racist and an attack on EJ communities nationwide.

Dominique Browning, founder of Moms Clean Air Force:

No mom — whether Republican, Democrat, or Independent — voted for air pollution. No mom voted for anything that would endanger her children’s health. We’ve come a long way in cleaning up air pollution, and cutting back EPA’s efforts to enforce the rules that protect us — in favor of polluters’ profits — runs completely against what mothers and fathers across the country want: safe and clean air.

National Association of Clean Air Agencies director Bill Becker:

These cuts, if enacted by Congress, will rip the heart and soul out of the national air pollution control program and jeopardize the health and welfare of tens of millions of people around the country… I can guarantee with certainty that at least in the air pollution area, there will be many more people who will die prematurely and tens of thousands, perhaps millions more, who will get sick unnecessarily… [the cuts will have] a direct and serious adverse health impact on almost every major metropolitan area in the country.

Rep. Mike Simpson (R-Idaho):

There’s not that much in the EPA, for crying out loud. (Simpson also noted that Republicans had already reduced EPA’s budget significantly in recent years.

Rep. Tom Cole (R-Oklahoma):

EPA has been cut by over 20 percent in the last few years. The discretionary budget has been lowered pretty dramatically compared to how it was in 2009, and it’s under what [Speaker] Paul Ryan (R-Wis.) thought it would be in his budget.

Sen. Tom Carper (D-Delaware):

Reckless cuts to the EPA — the agency responsible for protecting public health and our environment — are not what Americans voted for in November.

Rep. Dave Joyce (R-Ohio):

[W]e’re not going to let that happen, we’re going to continue to oppose cuts to the [Great Lakes Restoration Initiative] and we’re going to mobilize our voting forces to let them know that this isn’t going to stand.

Sen. Debbie Stabenow (D-MI):

[Proposed cuts to the Great Lakes Restoration Initiative are] outrageous … this initiative has been critical to cleaning up our Great Lakes and waterways, restoring fish and wildlife habitats, and fighting invasive species, like Asian carp… I call on President Trump to reverse course on these harmful decisions.

John Stine, Commissioner of the Minnesota Pollution Control Agency:

It would cut across every area of our work… It would hurt the people who look to [our] programs for protecting the quality of their health and the quality of the places they live… We need people to understand that this work is not just … abstract, these are all people and places that are at some level of risk.

American Lung Association:

Slashing funding for programs that are proven to save lives is a disastrous strategy; cuts to key lung health programs at EPA and HHS make Americans less secure and less protected from known health threats such as the next influenza pandemic and air pollution. Our nation’s scientists and doctors will be less likely to find cures and better treatments for the millions of Americans with lung cancer, COPD and asthma.

Clean air, water, and other environmental safeguards are essential to Americans’ lives. The vast majority of Americans across the country support EPA’s mission – a mission the agency has been carrying out under both political parties for almost half a century, and one that that has led to incredible progress in cleaning and protecting our air and waters.

Also posted in Clean Air Act, Health, Partners for Change, Policy, What Others are Saying / Comments are closed

Climate Confusion in the Age of “Alternative Facts”

By Keith Gaby / Published: March 13, 2017

Earth as seen from a NOAA weather satellite. Photo: NASA

A very familiar type of ad recently appeared in the New York Times. It was the sort of fact-free manifesto normally found only on the fringes of the Internet, until someone with enough money decides to buy a full page in a newspaper.

These kinds of public declarations can be about anything from ancient nationalist grudges to fad nutritional theories. This one, by an obscure South Korean firm called Samsung Chemical Coating Company (no apparent relation to the electronics company), declared that carbon dioxide pollution isn’t causing climate change and that global warming will end in 2060 and be replaced by a destructive ice age, among other similarly oddball assertions.

Usually this kind of claim is barely worth refuting, as it is flatly contradicted by the consensus of the international scientific community. But one important detail made this ad different, and more dangerous.

First, let’s be clear about the substance of the ad and the real scientific facts.

There is absolutely no scientific basis or merit to the claims being made in the ad. No actual climate scientist takes seriously catastrophes in movies like The Day After Tomorrow becoming reality, or strange theories like the idea that creatures mutated from sunlight at the end of an ice age. No information about their “study” is available on the Internet, nor in the peer-reviewed scientific literature. There is no explanation about how they arrived at their conclusions, or any discussion of the information or data that served as the basis for their claims. And if you try Googling information about the authors, you’ll come up empty.

Even the more nuanced statements in the ad about the relationships between Earth’s precession, glacial cycles, and sea level rise are unsubstantiated. The authors use these unsupported claims as “proof” that carbon dioxide emissions do not cause global warming — an argument that should not be taken seriously given the lack of any supporting data. Their claims also demonstrate a profound ignorance of established physics. And the direct “certainty” throughout the ads about specific events – such as the disappearance of Earth’s magnetic field – adds to the characteristically unscientific approach.

All of these are hallmarks of the Crazy Full Page Ad.

Here is the truth:

  • The fact that carbon dioxide and other pollutants are changing our climate in dangerous ways has been established by decades of scientific research and mountains of data – from ice core samples, satellites, and other monitoring and analysis.
  • It is a conclusion strongly endorsed by the National Academies of Science, the scientists at NASA, the National Oceanographic and Atmospheric Association (NOAA), and all major American scientific organizations.
  • These climate pollutants, which have the known physical property of trapping heat, have been building up in our atmosphere since the world started burning lots of coal for the Industrial Revolution, and global average temperatures have risen right along with that accumulation.

So if all of this is nonsense, why protest so much?

Because at this moment in history, we have – amazingly, shockingly, dangerously – an Administrator of the Environmental Protection Agency (EPA) who makes similarly outlandish claims. In an appearance on CNBC last week, Scott Pruitt said:

I would not agree that [carbon dioxide] is a primary contributor to the global warming that we see.

In essence, he said he doesn’t know if the greatest environmental challenge of our time, his biggest responsibility, is real. It’s like having a surgeon general who doubts the connection between smoking and lung cancer. Or an attorney general who doesn’t consider the drug cartels to be dangerous organizations.

The result of Pruitt’s statements was a flood of outrage, reportedly locking up EPA’s switchboards like never before. (The agency had to set up an impromptu call center, according to leaks from employees.) Commentators on the left and right were stunned, even in an era when it’s a challenge to say something crazy enough to make the front page.

So what could normally be dismissed as a fringe ad cannot be ignored. We must, unfortunately, remind Americans who instinctively assume an EPA administration would know basic environmental science of the real facts. We must stand up and calmly explain what is at stake for our children and grandchildren. At EDF, we will continue to do that.

Also posted in Basic Science of Global Warming, Greenhouse Gas Emissions, Policy, Science / Comments are closed