Climate 411

6 ways NOAA budget cuts will hurt weather reporting – and Americans

By Scott Weaver / Published: May 30, 2017

 

(This post first appeared on EDF Voices)

At a time when storms are getting more destructive, floods more devastating and people and property more vulnerable, accurate weather forecasting is more critical than ever.

Which is why the Trump administration’s brazen proposal to slash funding for the National Oceanic and Atmospheric Administration’s most important forecasting and storm prediction programs has set off alarms in recent days. In all, the president wants to slash the agency’s budget by 16 percent.

Having spent more than six years as a NOAA scientist, I know there are ways to become more efficient and make government work better. Many dedicated professionals within the agency would be eager to partner with the administration to develop that kind of action plan.

Except, efficiency is not what this proposal is about. Rather, it blatantly disregards science and how it protects lives and property.

Here are a few of the NOAA budget lowlights, and why they could matter to you:

1. Delays hurricane forecast improvements

Several NOAA programs are developing advanced modeling to make weather and storm forecasts more accurate and reliable. But the same week NOAA called for an above-average season of hurricane activity, the Trump administration requested a $5 million funding cut for these important programs.

It would slow the transition of such advanced forecasting models into real-life warning systems – directly affecting families and business owners who must prepare for severe storms. It would also make the accuracy of American weather forecasts fall farther behind its European and Japanese peers.

2. Eliminates critical tornado warning program

Vortex-Southeast – a $5 million program used to detect, respond to and warn against tornadoes in Southeastern United States – would be terminated. The program studies the intensity and path of twisters in a region with more tornado deaths than any other, and how to best communicate forecasts to the public.

3. Terminates Arctic research protecting fishermen

The president wants to cut a total of $6 million from two NOAA programs that support improvements to sea ice modeling and predictions, along with a program that models vulnerabilities among ecosystems and fisheries.

These programs, among other things, help predict where potentially hazardous floating sea ice may be present, supporting the safety and business of fishermen, commer­cial shippers, cruise ships and local commu­nities in Alaska.

4. Closes lab tracking mercury pollution, fallout

NOAA’s Air Resources Laboratory researches how mercury and other harmful materials travel through the atmosphere and fall to Earth. The lab’s models also help emergency agencies and the aviation industry minimize and respond to pollution disasters such as radioactive fallout or anthrax attacks.

And yet, the administration has requested a $4.7 million decrease to close the entire lab.

5. Slows flood forecasting improvements

A $3.1 million cut would slow upgrades to the National Water Model, an initiative hailed as a “game changer” for flood prediction when it launched in 2016. The model offers hourly forecasts for the nation’s entire river network – information that helps emergency agencies, farmers, barge operators and others respond faster and more efficiently to floods.

6. Scales back forecasts of El Niño

A $26 million cut targets programs that monitor the tropical Pacific Ocean and help forecasters predict El Niño and other global environmental weather patterns. Such cuts would make it much harder to anticipate short-term climate events such as drought, excessive flooding and other extreme weather.

These are just a few of the highlights of the administration’s proposed budget for NOAA, but should give you an idea of just how severe they are. These program cuts are not in America’s best interest.

Also posted in Extreme Weather, Health, News, Science / Comments are closed

Scott Pruitt, the public has spoken – and it wants health protections, not rollbacks

By Martha Roberts / Published: May 25, 2017

Wikimedia Commons

Earlier this year, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced an effort to seek public input on EPA safeguards that should be revoked or rolled back to “reduce regulatory burden.”

What was the overwhelming message he heard in response?

Let EPA do its job and protect Americans from dangerous pollution.

Numerous news articles have detailed the tens of thousands of responses EPA received from individual Americans decrying Pruitt’s biased, predetermined effort to gut important safeguards. These public comments are still being uploaded onto an official website — but already there are more than 183,000 of them, and the overwhelming majority are in favor of strong EPA safeguards.

As one comment reminded Pruitt:

Future generations are counting on us to leave an environment that supports good health, and a world worth living in. Don’t jeopardize the progress that has been made by rolling back regulations that are taking us in the right direction. Your job is to protect the environment for the benefit of all, not to squander progress for the financial gain of a few.

Another citizen noted during a listening session:

I actually enjoy breathing clean air and drinking clean water and would find it quite burdensome not to.

It’s well documented that EPA safeguards are an incredible American success story, saving countless lives and improving health across the country. We’ve made tremendous strides in improving air quality, reducing toxic lead and mercury pollution, addressing acid rain, and other remarkable achievements — all while the economy has grown and added jobs.

We still have more work to do though. According to the American Lung Association, more than 125 million Americans live in communities with unhealthy levels of air pollution.

Industry pushes for rollbacks

EPA senior officials are due to present a report to Pruitt today on their progress in identifying safeguards to repeal or roll back – not even two weeks after the rushed public comment period ended.

It’s hard to know if this report will be made public, but we are starting to get a glimpse of the input that Pruitt and his team are hearing from those who oppose vital safeguards.

For instance, the American Petroleum Institute’s (API) 25-page list of requests includes weakening protections against smog and undercutting common-sense standards to curb harmful methane and toxic air pollution from oil and gas production.

API’s list also complains that EPA’s Clean Air Scientific Advisory Panel is “biased” because “it can be difficult for industry representatives to be included on the committees.”

As we wrote about in an earlier post, these industry requests come on top of an earlier solicitation by the Trump Administration for industry proposals to roll back protections — one where trade associations brazenly asked for cuts to important health studies and safeguards.

Politicians target safeguards against mercury, smog, and other dangers

One remarkable letter to EPA came from eight state politicians. As has been well documented, while Scott Pruitt was Oklahoma’s Attorney General he spearheaded an intertwined alliance between state attorneys general and major fossil fuel industries — going so far as to submit industry requests to EPA on Oklahoma letterhead and later noting that’s “actually called representative government in my view of the world.”

In the new letter, Pruitt’s attorney general allies detail a list of twenty bedrock safeguards to weaken or eliminate. These include protections against mercury pollution, smog, soot, and many others.

These eight politicians even ask EPA to reject the agency’s science-based conclusion that greenhouse gases endanger human health and welfare — a conclusion based on an extensive, exhaustive record that was upheld by a federal court of appeals several years ago. Their letter makes no mention of the citizens who would be sickened and harmed by these roll backs.

The signatories are the attorneys general from Michigan, Oklahoma, Indiana, Alabama, Arkansas, West Virginia, Louisiana, and South Carolina.

Scott Pruitt: don’t put Americans’ health at risk

With EPA’s help, we’ve made remarkable progress in cleaning up our air and water. The American public just delivered a clear and overwhelming message to Scott Pruitt – don’t risk that tremendous progress, or the health of our families, by rolling back EPA safeguards.

Administrator Pruitt should listen.

Also posted in Clean Air Act, Health, News, Setting the Facts Straight, What Others are Saying / Comments are closed

Healthier, safer summers – brought to you by EPA

By Mandy Warner / Published: May 25, 2017

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 now — Alamy

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 day — National 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.

Also posted in Basic Science of Global Warming, Extreme Weather, Health, News, Science / Comments are closed

EDF, coalition partners urge the D.C. Circuit to decide the Clean Power Plan case

By Tomas Carbonell / Published: May 16, 2017

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.

Also posted in Clean Air Act, Clean Power Plan, EPA litgation, News, Partners for Change / Comments are closed

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, News / 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, News / Read 1 Response