Climate 411

Pruitt takes steps to remove science from decisions affecting the health of American families

By Sarah Vogel / Published: October 31, 2017

Today EPA Administrator Scott Pruitt announced additions to the Agency’s Scientific Advisory Board (SAB) and the Clean Air Scientific Advisory Committee (CASAC). Taken in conjunction with the drastic policy shift also announced today, Pruitt is set to fundamentally undercut the role science in driving EPA decisions that directly affect the health and safety of American families and communities.

The new policy would exclude any scientist receiving an EPA grant from serving on any of the agency’s advisory panels. This creates a profound hypocrisy: under the policy scientists who take money from ExxonMobil or even Russia—since funding from other governments wouldn’t be disqualifying—Pruitt would regard as trusted to offer impartial advice. Meanwhile, those who have grants from the US environmental agency – whose research program was praised by the National Academy of Sciences in a report just this past summer – cannot.

In Pruitt’s Alice-in-Wonderland world, the EPA advisory panels intended to ensure the agency is making use of the best and latest science should be populated overwhelmingly by industry-affiliated scientists, at the expense of independent academic scientists.

Along with the policy, Pruitt’s new appointments to the SAB and CASAC (see a selection of the reported additions below) include longtime fossil fuel and chemical industry advocates, who have consistently played down or outright dismissed concerns about the risks of pollution or toxic chemical exposures based on discredited and outrageous scientific claims. Although the SAB is supposed to “provide independent advice and peer review on the scientific and technical aspects of environmental issues to the EPA’s Administrator,” these additions cannot be relied upon to faithfully uphold the Board’s mission.

Meanwhile, Pruitt is also reportedly taking the unprecedented step of not renewing any appointments for members whose terms expire this year. This allows Pruitt to reshape the panel in his own image more quickly.

All told, the goal is as clear as it is concerning: to create a rubber-stamp set of scientific advisers that can distort the science while still lending an aura of credibility to Pruitt’s destructive actions at the Agency.

The real losers are not the researchers, but rather American families who depend on having an agency that actually works to protect their health.

Meet some of Mr. Pruitt’s new science advisers

Texas official with a long record of downplaying health concerns about pollutants and toxic chemicals ranging from ozone to benzene. Honeycutt argued against stronger ozone standards by noting most people spend their days indoors. He also claimed that “some studies even suggest that PM [particulate matter] makes you live longer.”

Denver-based consultant with long track record of conducting research that disputes the public health benefits of reducing air pollution. Cox has stated that there is “no evidence that reductions in air pollution levels have caused any reductions in mortality rates.”

Record of disputing the benefits of clean air and air pollution limits; said that “Modern air … is a little too clean for optimum health.”

Professor at NC State affiliated with the climate-denying Heartland Institute, who claims that the “evidence is overwhelming” that if temperatures do increase, it will be “better for humans.”

Former Secretary of North Carolina Department of Environmental Quality (NCDEQ), who questions the well-established scientific consensus of climate change and, had a controversial tenure at the agency, notably over health advisories to well owners whose water might have been contaminated by coal ash.

Smith is a Managing Director of NERA Economic Consulting and co-head of its environmental practice. In work funded by the fossil fuel industry trade group the American Petroleum Institute, Smith argued that EPA data on lung response to ozone is imprecise, roundly debunked by policy experts and independent fact-checkers.

Posted in Basic Science of Global Warming, Health, Science, Setting the Facts Straight / Comments are closed

A real Halloween horror story: the five scariest aspects of climate change

By Casey Ivanovich / Published: October 30, 2017

Halloween has arrived, and it’s time once again for goblins, gremlins, and ghost stories.

But there’s another threat brewing that’s much more frightening – because it’s real.

An unrecognizable world is quickly creeping up on us as climate change progresses – and the anticipated impacts are enough to rattle anyone’s skeleton.

Here are five of the scariest aspects of climate change. Read on if you dare ….

  1. Extreme weather is becoming more extreme

A changing climate paves the way for extreme weather events to live up to their name.

In 2017 alone we saw fatal events worldwide, including:

The fingerprints of climate change can be found on each of these events.

As global temperatures continue to rise, heat waves are expected to become more intense, frequent, and longer lasting.

Scientists also predict that rainfall patterns will continue to shift, increasing regional risk for widespread drought and flooding.

Montana, 2002. Photo: U.S. Forest Service

Drought conditions may also prompt wildfires to occur more frequently and within a longer fire season. The wildfire season in the western U.S. is already weeks longer than in previous years.

Hurricanes are also influenced by climate change. Rising sea surface temperatures, a moister atmosphere, and changing atmospheric circulation patterns have the potential to increase hurricanes’ power and travel paths.

Extreme weather intensification impacts human health and development in many ways – extreme heat events directly generate health hazards such as heat stroke, while drought and wildfires threaten crop and ecosystem stability.

The 2017 hurricane season has already demonstrated the shocking consequences of intensified hurricanes and flooding, with Hurricanes Harvey, Irma, and Maria killing more than 150 people and causing as much as $300 billion in damages in the U.S. alone.

  1. Tipping points loom in near future

A particularly alarming facet of climate change is the threat of irreversible changes to climate conditions, called “tipping elements.”

These components of the climate system earn their title from a possession of critical thresholds, or “tipping points,” beyond which a tiny change can dramatically alter the state of the system.

Many tipping elements have been identified by scientists, and some may have already passed their critical threshold. For example, a vicious cycle of sea ice melt has already been triggered, leading scientists to predict that Arctic summers will be ice-free before mid-century.

Imminent tipping points also exist for melting ice sheets, particularly those of Greenland and West Antarctica, where full ice sheet collapse could result in global sea level rise of up to 20 feet and 16 feet respectively.

Coral reefs too are rapidly approaching a grave tipping point. Essential relationships between algae and corals begin to break down as ocean waters rise in temperature and acidity. Without stabilizing these changes, the majority of global reef systems may collapse before global temperatures reach a two-degree Celsuis warming threshold.

  1. Coastal communities battle sea level rise

Sea level rise is one of the most visible impacts of climate change, as increased coastal erosion physically erases continental borders.

As the climate warms, ocean waters expand and ice sheets and glaciers melt. Both factors contribute to a rising sea level at an accelerating rate. Communities in Alaska and several Pacific Islands are already fleeing rising seas – relocating as their villages are engulfed and eroded.

Rising sea levels also intensify damages from extreme weather events such as hurricanes. A higher sea level allows storm surges to grow in height and volume, exacerbating flooding and associated damages.

As water levels continue to rise, more coastal communities will feel the consequences. Many major cities are located on coastlines, with almost 40 percent of U.S. citizens living in coastal cities.

Protecting people from this creeping threat will be difficult and costly – as we’ve already seen in the aftermath of coastal storms such as Superstorm Sandy.

  1. Humans are nearing uncharted climate territory

A globally averaged two-degree Celsius (or 3.6 degrees Fahrenheit) of warming over preindustrial levels is the most widely suggested threshold we need to stay “well” below.

The threshold was first proposed by William Nordhaus in the 1970’s, in part because of its historical significance – the human species has never lived during a time in which global temperatures were equivalent to two-degrees Celsius above preindustrial levels.

The unprecedented nature of this benchmark provided a foundation for alarm that carried the two-degrees Celsius value into political and scientific discussions for decades.

In a changing climate, unprecedented events will become the norm.

In some cases, they already have.

As infectious diseases spread to previously untouched regions and an Arctic ozone hole threatens to open, people are beginning to catch the first glimpses of the new world we are creating – one that is in many ways more hostile and dangerous than the one we leave behind.

  1. Many American politicians deny the problem

Perhaps the only thing more terrifying than the impacts of climate change is the overwhelming denial of their existence by some political leaders in the U.S.

The Paris Agreement served as a major step forward in promoting climate change mitigation policy on an international scale, with almost every nation agreeing to tackle this looming threat.

Then in June, President Trump announced his intent to withdraw from the agreement. That means the United States will be one of only two countries – out of almost 200 – failing to participate in the accords.

The same efforts towards dismantling U.S. climate progress can be seen in recent national policy. Environmental Protection Agency Administrator Scott Pruitt (who recently claimed that carbon dioxide is not a major contributor to global warming) is perhaps the most visible of an exhausting list of leaders within the current Administration who deny climate science. The Administration is trying to undermine or reverse policies addressing climate change, including the Clean Power Plan, and information about climate change is vanishing from official agency websites.

The rest of the globe is striving to implement meaningful climate policy, including China’s unparalleled growth in renewable energy support. Soon the U.S. will be left in the dust in the race for a greener world.

Be afraid. Be very afraid. Then do something about it.

We can’t protect you from the monsters hiding under your bed. But combating the ominous impacts of climate change is a much more hopeful endeavor.

For more information on how you can help, click here.

 

Posted in Arctic & Antarctic, Basic Science of Global Warming, Extreme Weather, International, News, Oceans, Policy, Science / Read 2 Responses

The fight for transparency and accountability at EPA

By Ben Levitan / Published: October 27, 2017

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

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

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

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

Scott Pruitt’s record of secrecy and ethical conflicts

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

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

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

Among other requirements:

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

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

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

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

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

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

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

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

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

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

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

EDF’s efforts to promote transparency and accountability

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted in Clean Air Act, Clean Power Plan, EPA litgation, Policy, Setting the Facts Straight / Comments are closed

Trump Administration misleads Americans about the cost of climate pollution

By Susanne Brooks / Published: October 25, 2017

The Trump Administration is attempting to justify the rollback of crucial environmental and health protections by vastly undervaluing the costs of climate change.

The latest safeguards under attack are the Clean Power Plan, the nation’s first-ever limits on carbon pollution from existing power plants, and the Bureau of Land Management’s vital standards to reduce wasted natural gas from oil and gas facilities on public and tribal lands. They would have health, environmental, and economic benefits worth an estimated billions of dollars annually. But you wouldn’t know it from reading the Administration’s recently revised documents – because of a series of deceptive accounting tricks, including efforts aimed at obscuring the benefits of reducing carbon pollution.

The Trump Administration has used discredited methods to eviscerate the social cost of carbon — an estimate of the costs that carbon pollution inflicts on the public, represented as the dollar value of the total damages from emitting one ton of carbon dioxide into the earth’s atmosphere.

The social cost of carbon is a tool that helps ensure that policymakers consider the health, environmental and economic benefits of avoiding extreme weather, rising temperatures and intensifying smog when they make decisions that affect climate pollution.

Climate change harms businesses, families, governments and taxpayers through rising health care costs, destruction of property, increased food prices and more — so it’s common sense that we should properly account for the value of avoiding these harmful outcomes. But the Trump Administration has systematically undermined and attacked the well-established science of climate change – including the social cost of carbon, which has had a target on its back for a while now.

The most up-to-date estimates of the social costs of carbon were developed by an Interagency Working Group (IWG) of experts from a dozen federal agencies. They were developed through a transparent and rigorous process based on the latest peer-reviewed science and economics, and with input from the public and the National Academy of Sciences.

But in March, President Trump cast aside the results of this thorough and consultative process. He issued an executive order aimed at discrediting the IWG estimates, withdrawing them as government policy, and directing federal agencies to pick their own metric.

The executive order leaves federal agencies to fend for themselves without specific guidance, opens the door to extensive legal challenges, and effectively sets up agencies to cook the books to serve the Administration’s goals.

That’s exactly what EPA Administrator Scott Pruitt and Department of the Interior Secretary Ryan Zinke just did – releasing benefit-cost analyses that massively undervalue the costs of carbon pollution, radically reducing the estimates by up to 97 percent.

The Trump Administration would have us believe that the costs of carbon pollution are near zero. The Administration’s new estimates are only a couple dollars per ton of carbon dioxide – about as much as a cup of coffee or a bus ticket.

Sadly, communities around the country are already seeing just how wrong that is. From longer wildfire seasons to more intense hurricanes, the American public is already bearing the enormous costs of climate change.

Even the IWG estimates – roughly $50 per ton of carbon dioxide based on year 2020 emissions – are almost certainly a conservative lower bound since they do not yet reflect many different types of climate impacts.

A closer look at the Administration’s deceptive math 

There are two major flaws in the Administration’s drastically reduced estimates, both of which fly in the face of established science and economic principles in service of obscuring the very real benefits of climate action.

First, the reduced estimates ignore that carbon emissions are a global pollutant, so they omit important categories of climate change impacts on the United States.

Second, they shortchange the harm to our children and future generations from climate change.

The so-called “domestic-only” estimate

Since the impacts of carbon pollution are felt globally regardless of where the emissions come from, leading researchers and the IWG have appropriately focused on accounting for that full global impact.

In contrast, the Administration’s revised estimates claim to consider “domestic-only” impacts to the United States. But that title is a misnomer – the Administration’s flawed approach ignores important categories of impacts that affect the American public. Climate impacts beyond our borders have costly repercussions for U.S. citizens in the form of changing global migration patterns, economic and political destabilization, and other “spillover” effects.

The National Academy of Sciences specifically rejected the approach the Administration is taking in a report released earlier this year, concluding that:

[C]limate damages to the United States cannot be accurately characterized without accounting for consequences outside U.S. borders.

Economist Richard Newell – president of the think tank Resources for the Future, which is leading an effort to implement the Nation Academy of Sciences’ recommendations to update the social cost of carbon estimates – has criticized the Administration’s approach, saying that considering only direct domestic impacts is:

[U]nnecessarily constrained and unwise for addressing inherently global pollutants like greenhouse gases.

The use of a “domestic-only” number also harms Americans because it undervalues the cost of climate pollution and encourages other countries to similarly undervalue – and over-emit – this pollution.

More than half a dozen leading experts argue:

[The] United States benefits tremendously if other countries set policy based on global rather than local effects.

They also point out that the use of a global estimate can encourage reciprocal climate action elsewhere. For instance, the Canadian government incorporated the U.S. IWG value in its own policy analysis.

Undervaluing the impacts on children and future generations

The Administration’s estimates also use a sharply lower value for the benefits that today’s carbon reductions provide to children and future generations. Again, this is in direct conflict with the weight of expert opinion that supports valuing these impacts even more than we did before the Trump Administration.

The Administration’s estimates “discount” future impacts at 7 percent – a rate significantly higher than the 3 percent central rate of the IWG, and one that is wholly unsupported by the economics literature when it comes to the long-lived intergenerational effects of carbon pollution.

A growing consensus among leading economists supports lower or declining discount rates, as does the Council of Economic Advisors.

As Richard Newell of Resources for the Future points out:

Practically speaking, the use of such a high discount rate means that the effects of our actions on future generations are largely unaccounted for in the new analysis.

In other words, the Administration’s estimates reveal just how little they value protecting American children and generations to come.

The social cost of carbon has profound influence on our policy process and embodies the very real costs of climate change that communities around the country are already feeling.

The Administration’s distortion of these values is illustrative of a frequent strategy of theirs – twisting the facts to validate their desired outcome, and in the process sowing doubt around the overwhelming scientific consensus on climate change.

Unfortunately, while the math the Administration is using is warped, the costs of climate change are still very real – and the American public is footing the bill.

Posted in Clean Power Plan, Economics, Greenhouse Gas Emissions, Policy, Setting the Facts Straight / Comments are closed

EPA refuses to act on smog pollution. Here’s what’s at stake.

By Rachel Fullmer / Published: October 23, 2017

The Environmental Protection Agency (EPA) is refusing to move forward with the implementation of health-based standards that protect Americans from dangerous ground-level ozone pollution — more commonly known as smog.

That’s why Environmental Defense Fund, along with a broad coalition of public health and environmental groups, sent a letter to EPA Administrator Scott Pruitt informing him that we will take legal action if he does not carry out his mandatory duty to begin implementing our nation’s 2015 health-based smog standard.

Smog is a caustic pollutant that irritates the lungs, exacerbates lung conditions like asthma, and is linked to a wide-array of serious heart and lung diseases.

It is particularly harmful for children, seniors, people with lung impairments like asthma, and anyone active outdoors.

Under the Clean Air Act, October 1, 2017 was the deadline for identifying the communities that meet our nation’s health-based smog standard, and for identifying those that are violating the standard. Administrator Pruitt missed this mandatory deadline to begin implementing the smog safeguards.

The Clean Air Act’s statutory deadlines are not merely suggestions – they are of critical importance to achieving better air quality. When EPA shirks mandatory deadlines, the Clean Air Act’s mechanisms to improve air quality fail to engage and American families suffer the harmful effects of breathing polluted air for longer.

Administrator Pruitt unlawfully attempted to extend this same deadline, by one year, earlier this summer. However, he was forced to withdraw this extension and reinstate the October 1, 2017 deadline in response to legal challenges filed by EDF and our public health partners, and by a coalition of 16 state Attorneys General.

Now Pruitt has failed to meet the deadline – adding to his concerning pattern of delay, and undermining these important public health safeguards.

Here’s more on the consequences of ignoring our national health-based smog standards:

By delaying implementation of the standards, EPA is allowing vulnerable communities to suffer the consequences of polluted air while Administrator Pruitt stalls.

For instance, delaying the standards will mean that residents of the Uintah Basin in Northeastern Utah will potentially be faced with more and longer exposure to pollution levels that at times can rival smoggy Los Angeles.

This is truly unacceptable when there are clear solutions for reducing smog and protecting public health, such as reducing the pollution emitted from the thousands of oil and gas wells that dot the basin – common sense solutions that would be helped along if the 2015 health-based smog standard was properly and timely implemented.

Administrator Pruitt’s failure to identify which communities have air quality that violates the health standard obscures Americans’ basic right to know whether the very air we breathe meets the level that EPA has determined to be healthy.

The health-based national air quality standard for deadly air pollutants like smog form the foundation of the Clean Air Act — a bedrock public health statute that has provided for extraordinary, bipartisan progress in protecting Americans’ health and the environment for more than 40 years.

These consensus-backed health standards save lives and protect American families. By EPA’s own estimate, compliance with the 2015 smog standard will save hundreds of lives, prevent 230,000 asthma attacks in children, and prevent 160,000 missed school days for children each year.

Failure to carry out his responsibilities under our nation’s clean air laws also demonstrates Administrator Pruitt’s disregard for the recommendations of EPA’s own public health experts and scientists.

The 2015 health-based standard for smog was developed through a rigorous and extensive rulemaking process over the course of several years, and the science on smog’s health impacts is well-established.

EPA finalized a revised, strengthened standard of 70 parts per billion after engaging in a transparent, public process and relying on well-established scientific information and the recommendations of an independent committee of scientific advisors.

Administrator Pruitt has a legal duty to carry out the health standard to ensure healthier, longer lives for millions of Americans afflicted by dangerous smog pollution. That’s why EDF joined so many others in telling him we’ll go to court if he doesn’t.

Those joining us on the notice of intent to sue are the American Lung Association, American Public Health Association, American Thoracic Society, Appalachian Mountain Club, Earthjustice, Environmental Law & Policy Center, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club and West Harlem Environmental Action.

The Attorneys General of New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Minnesota, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Washington D.C. sent a similar letter.

We urges Administrator Pruitt to “expeditiously” carry out his responsibility under our nation’s clean air law to protect the health of our families and communities. There is no time to waste.

Posted in Clean Air Act, Health, Partners for Change, Policy, Smog / Comments are closed

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

By Tomas Carbonell / Published: October 19, 2017

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

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

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

During that interview, Pruitt asked:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted in Clean Air Act, Clean Power Plan, EPA litgation, Health, News, Policy, Setting the Facts Straight / Comments are closed