Complete list of press releases

(December 15, 2018) Parties to the UN Framework Convention on Climate Change (UNFCCC) have agreed on most of the elements of the so-called “rulebook” that will guide implementation of the Paris Agreement, including the critical guidelines for regular and consistent reporting needed to ensure transparency in how much countries are emitting and their progress toward fulfilling their nationally determined contributions (NDCs). However, negotiators failed to reach closure on the part of the text addressing international cooperation on carbon markets. Instead, they agreed to continue work in 2019 on guidance under Article 6, which covers “cooperative approaches” including the transfer of emissions reductions, or “mitigation outcomes,” among countries—the building blocks of a future international carbon market.

While negotiators had made significant progress in establishing sound accounting rules for bilateral transfers between countries (under paragraph 2 of Article 6), the talks broke down over Brazilian intransigence on the treatment of credits generated by a new “mechanism” under paragraph 4. Brazil refused to budge on its longstanding insistence that it be allowed to double-count such credits by applying them toward its own NDC while selling them to another country seeking to apply them toward that country’s NDC. Such a loophole would undermine the integrity of the mechanism and could potentially threaten the objectives of the Paris Agreement.

“In Katowice, countries made important progress toward realizing the promise of the Paris Agreement — in particular by adopting strong rules requiring countries to transparently report their greenhouse gas emissions and progress toward meeting their national commitments. Those rules, known as the ‘transparency framework,’ are vital to the success of the Paris Agreement. To avoid dangerous warming, countries need to ratchet up their ambition dramatically, which will only happen if countries have clarity about what others are committing to, and confidence that they are meeting those commitments.

“By leaving Poland without clear rules on international cooperation under Article 6, however, negotiators missed a major opportunity to start creating a robust framework for flexible approaches such as carbon markets. While there was overwhelming support for common-sense accounting rules among countries, businesses, and NGOs, a handful of countries, led by Brazil, thwarted progress by insisting that they should be allowed to cheat the atmosphere — and their trading partners — by double-counting their carbon credits. Such a loophole would undermine the integrity of the carbon market and contradict the basic principle that each ton of emissions reductions should only be counted once.

“It is no surprise that markets have become the flash point in these talks, because they are the fulcrum for ambition going forward. International cooperation will be the engine of deeper emissions reductions, and Article 6.2, which recognizes that countries may cooperate through markets, is the unsung hero of the Paris Agreement. Analysis from Environmental Defense Fund shows that countries could nearly double their ambition through the use of well-designed carbon markets, relative to the targets that are currently on the table. The best way to realize the promise of markets would be clear rules under Article 6 that require comprehensive reporting of transfers and prevent double counting. Negotiators must do better next year.

“While the failure to reach agreement in Katowice is a disappointment markets will move ahead in the more than 50 jurisdictions where they are already underway, including the European Union, California and nine other U.S. states — and China, which is building the world’s largest carbon market. The Paris Agreement explicitly recognizes that countries can pursue international cooperation on carbon markets on their own, regardless of whether or not the UN provides guidance. Countries interested in carbon markets are actively discussing the prospect of creating coalitions, or ‘clubs,’ to agree on harmonized rules for high-integrity carbon markets. EDF will continue to work with all interested countries to ensure that carbon markets and international trading of emissions reductions maintain sound accounting and environmental integrity.”

• Nathaniel Keohane, Environmental Defense Fund

Additional observations from Nathaniel Keohane about COP 24:

• U.S. role: “The US tried, again, to celebrate the coal industry while touting emissions reductions actually achieved by the Obama administration. COP 24 attendees were not fooled. The Trump administration has tried to eliminate the policies that have driven emissions reductions in the US. They, and the coal industry, need to be held accountable.”    
• Transparency and accounting: “Parties at the COP agreed to a common transparency framework that ensures robust accounting and provides flexibility for countries to report their emissions. This strikes the right balance of rigor and flexibility, which is the critical task for transparency. It is a vital step forward in realizing the promise of the Paris accord.”
• China: “Prior to the start of the negotiations more than two weeks ago, many asked which China would show up. Fortunately, China engaged constructively with the U.S. to preserve a single transparency framework and resist backsliding into bifurcation – the tired debate that different transparency rules apply to developed vs developing nations”
• Talanoa Dialogue/1.5 degrees: “The US’s unwillingness to acknowledge the dire findings of the Intergovernmental Panel on Climate Change’s (IPCC) report on the impacts of global warming above 1.5 °C was just another stunt by the Trump administration that threatens to distract us from what the focus of these negotiations and the focus of the world’s efforts should be: reducing the pollution that threatens our planet. The IPCC report has rightly lit a fire under the world’s sense of urgency. Whether the COP ‘notes’ or ‘welcomes’ it doesn’t affect the amount of carbon in the atmosphere by one ton.”

Additional resources:

• 7 signs the global energy economy is in transition
• Could aviation loopholes swallow climate progress?
• Transparency, ambition and carbon markets on the Paris rulebook agenda in Katowice
• Katowice Declaration on Sound Carbon Accounting

(SACRAMENTO – December 13, 2018) California today unanimously adopted amendments to the cap-and-trade program that set major market rules after 2020. These amendments update the program based on AB 398 (E. Garcia), which was passed by the Legislature in 2017 and directed state regulators to extend the cap-and-trade program until 2030. Today’s regulatory action makes important and impactful updates to the program but also represents consistency and continuation of a successful limit on carbon pollution. With cap and trade in place, emissions in 2016 fell below levels required by 2020 while the state’s economy was growing to become the fifth largest in the world. 

“Today’s regulatory action shows California continues to set the carbon market gold standard.  The California system is helping cut pollution ahead of schedule while the economy thrives. The Air Resources Board understands that details matter, and EDF is eager to work with them and other partners to continuously refine this groundbreaking program.” 

For more information on California’s cap-and-trade program, please see our factsheet.

• Katelyn Roedner Sutter, Senior Climate Policy Analyst
   

Joint statement from the David Suzuki Foundation, Environmental Defence Canada, Pembina Institute, Clean Air Task Force, and Environmental Defense Fund

(CALGARY, AB) – Based on new comprehensive modelling, Alberta’s methane regulations will allow oil and gas companies to release far greater volumes of harmful methane pollution than if they followed the federal methane regulations enacted earlier this year by Environment and Climate Change Canada (ECCC).   In Alberta, the ECCC rules would reduce methane pollution in 2025 by almost 35 million metric tonnes of carbon dioxide equivalent (CO2e) while the Alberta rules released today will reduce only 22 million tonnes of CO2e.  This equals a reduction of 36%, clearly failing to achieve Alberta’s own 45% methane reduction commitment, squandering one of the highest-value, lowest-cost opportunities to deliver significant progress towards Alberta’s and Canada’s climate goals.  Regrettably, recent research shows Alberta’s proposed carbon pricing regime offers no rescue for this missed opportunity because the carbon price does not cover, nor apply to the majority of methane emissions. 

If allowed to follow the province’s weak methane rules rather than ECCC’s standards, Alberta oil and gas operators would waste 252 million cubic metres of natural gas per year – a valuable natural resource worth C$18 million even at today’s low prices.  This wasted gas could supply half the residences in Manitoba that are heated by natural gas.

“It makes no sense that the Alberta Energy Regulator isn’t more ambitious in its efforts to reduce this senseless and environmentally harmful waste,” said Dale Marshall, National Program Manager, Environmental Defence Canada. “Leaks from oil and gas sites can significantly impact people’s health and warm the climate.  Failing to meet the federal methane standard is wasteful and irresponsible.”

Oil and gas methane emissions are one of Alberta’s and Canada’s largest sources of greenhouse gas emissions.  An extremely potent greenhouse gas, methane results in eighty times more warming in the atmosphere than carbon dioxide over a 20-year period.  Preventing these emissions is one of the most effective and affordable ways to achieve climate benefits. 

“Significant work is needed for Alberta to clarify how the carbon pricing rules will apply to methane to instil any confidence that the committed methane reductions will be achieved,” said Duncan Kenyon, Alberta Regional Director, Pembina Institute.  “Alberta’s regulations and carbon pricing will deliver far fewer methane reductions than the federal rules and cannot be deemed equivalent.” 

Multiple peer-reviewed studies (here and here show that methane pollution is actually much worse than government and industry report, making the case for more effective and comprehensive regulations than those released by Alberta.

“We did the math using ECCC’s model, and the result is clear: the Alberta regulation would not come close to reducing as much methane pollution as the federal standards,” said Jonathan Banks, Senior Climate Policy Advisor at the Clean Air Task Force.

“Strong methane reduction regulations exist in several U.S. states, and Mexico recently bolstered its position as a global climate leader by finalizing world-class methane regulations, whilst Alberta’s regulatory proposal falls well short of both industry best practices for methane reduction and its own commitments,” said Shareen Yawanarajah, Ph.D. International Policy Manager, Environmental Defense Fund.

“A Comparative Assessment of Alberta’s Oil and Gas Methane Emissions Under the ECCC rules and AER’S Draft Directive 060” analyzes methane reductions expected as a result of Alberta’s last draft methane regulations, which were not updated substantially in their final version, compared with those expected to result from the application of ECCC rules in Alberta.  The models are used by ECCC to project future year emission levels and to evaluate the effectiveness of different regulatory options as well as whether Canada is on track to achieve its emission reductions goals.  These models will be used in determining whether provincial methane regulations are deemed equivalent with ECCC regulations.

“Policy Briefing:  Achieving Methane Reductions Through Carbon Pricing in Alberta” analyzes how Alberta’s carbon pricing proposal would affect methane emission reductions.

Climate change is a global challenge requiring partnerships, sharing of solutions and new approaches to find the much-needed and immediate means to reduce pollution.  In that spirit, the David Suzuki Foundation, Environmental Defence Canada, the Pembina Institute, Clean Air Task Force and Environment Defense Fund are working together to find innovative solutions for reducing oil and gas methane emissions in Canada, the United States and Mexico. 

(WASHINGTON – Dec. 13, 2018) Reports released today by the National Oceanic and Atmospheric Administration (NOAA) show that the U.S. is rebuilding once depleted fisheries and reducing overfishing while at the same time adding jobs, increasing landings, and boosting revenues in the fishing sector. The “Fisheries Economics of the United States” and “Fisheries of the United States” reports from NOAA provide new and important insights into the conservation and economic comebacks of our nation’s fisheries. 

The following is a statement from Matt Tinning, Associate Vice President, EDF Oceans Program:

“The comeback of U.S. fisheries is one of the great conservation success stories of our time. These new reports from NOAA further illustrate why U.S. fisheries have become a global model of success. We have rebuilt 45 once depleted fish stocks and dramatically reduced overfishing, all while continuing to increase catch, jobs, and revenue for the recreational and commercial fishermen.

“At a time when science and environmental protections are under attack, these reports are a powerful reminder that when conservationists, industry, and regulators work together, great things can be achieved. And when sound science is coupled with market incentives, people and nature can prosper together. Along our coasts there are countless stories of fisheries once on the brink of collapse that are now thriving thanks to partnerships and innovations that required the collective effort of all who care about our nation’s fisheries.  

“These results are also a testament to the smart, science-based laws and policies that bipartisan majorities in Congress and successive administrations have prioritized. Our national fisheries law, the Magnuson-Stevens Act, should now be recognized as one of the most successful conservation statutes ever enacted. As the 116th Congress looks to a potential reauthorization, today’s reports are yet another reminder that the primary responsibility of lawmakers in any reauthorization process is to retain the core conservation provisions of the statute that are fueling our progress.

“We still have work to do. We need to ensure that rebounding fisheries on the West Coast find space in seafood counters as fishermen increase their sustainable harvest. In New England, we need to overhaul outdated and underperforming monitoring programs that have eroded confidence and left many communities struggling. And we need continued progress in regions like the Gulf of Mexico to improve cooperation between state and federal regulators in the management of recreational fishing. But these remaining challenges should not obscure the national picture of progress, and today we applaud the fishermen, policymakers, managers, conservationists and other stakeholders who have driven this remarkable turnaround.”

(NEW YORK, NY) Two of the space industry’s most seasoned experts have signed on to help Environmental Defense Fund usher its MethaneSAT program through the crucial next stages. The two will be joined by one of Silicon Valley’s most successful innovator/ entrepreneurs. Together, they will help establish and maintain the highest scientific and technical standards as the satellite project prepares to issue contracts for the next phase of development, in which key technology choices will be determined.  

• Dr. Dan McCleese, former Chief Scientist and Director of the Innovation Foundry at NASA’s Jet Propulsion Laboratory and a principal architect of the agency’s Mars Exploration Program will lead the project’s Science Advisory Group, consisting of top atmospheric scientists providing guidance on MethaneSAT’s advanced methane measurement capabilities. 

• Joe Rothenberg, former Director of NASA’s Goddard Space Flight Center and Director of Engineering and Operations for Google’s Terra Bella, will head up the MethaneSAT Technical Advisory Group, focused on design and fabrication of the overall MethaneSAT system.

• Tony Fadell, iPod inventor, iPhone co-inventor, founder of Nest, and principal at Future Shape, is coming aboard with an eye on user interface and engagement, as well as long-range strategy for MethaneSAT.

“These are the most seasoned leaders you could bring to a complex endeavor like this one,” said Tom Ingersoll, project director for MethaneSAT and himself a satellite entrepreneur with over 30 years’ experience. “They’ve blazed trails and broken ground, and they know how leading-edge technological ventures work. It’s exactly the team we want helping guide the MethaneSAT program.”

Mission to Protect the Climate

Announced in April, MethaneSAT is designed to map and measure emissions of methane – a potent greenhouse gas – virtually anywhere on Earth. Human-made methane emissions from oil and gas, agriculture, and other sources are responsible for more than 25 percent of the warming the world is experiencing today.

“MethaneSAT will provide a unique set of capabilities,” said EDF Chief Scientist Dr. Steven Hamburg. “With a wide field of view and low detection threshold, it will quantify emissions other efforts have been unable to detect, filling a gap between other systems. And MethaneSAT will provide worldwide coverage at regular intervals, surveying targeted regions around the globe roughly every four days.”

Swift Progress

To meet demanding performance requirements, MethaneSAT is using the latest scientific and technological innovations in sensor design, spectroscopy, data retrieval algorithms and flux inversions, a state-of-the-art modeling technique to distinguish emissions from ambient methane and trace them back to their source.

The principal scientific investigator on MethaneSAT is Dr. Steven C. Wofsy, Abbott Lawrence Rotch Professor of Atmospheric and Environmental Science at Harvard University. He and EDF worked with a team from Harvard and the Smithsonian Astrophysical Observatory to establish core mission requirements, design selections and launch schedule.

After discussions with nearly two dozen potential contractors, EDF is preparing to announce competitive development contracts for Phase B, which will end with selection of a single vendor that will build the satellite, including the methane-sensing instrument at the heart of the system.

Curbing Methane Emissions

Data from MethaneSAT will be available at no cost, helping both companies and countries identify emission sources, see opportunities to reduce them and track those reductions over time.

“When it comes to reducing climate change, speed and scale are the essential,” said Mark Brownstein, EDF Senior Vice President of Energy. “Manmade methane emissions are responsible for a quarter of the warming our planet is experiencing today. Reducing methane emissions from the oil and gas industry is the fastest, most cost-effective way we have to slow the rate of warming now. It’s not a substitute for reducing carbon dioxide emissions, but necessary alongside those efforts.

EDF’s goal is to reduce global oil and gas methane emissions 45 percent by 2025. This would deliver the same 20-year benefit to the climate as closing 1,300 coal-fired power plants — one-third of all the coal plants in the world.

(LAS VEGAS, NV – Dec. 13, 2018) U.S. Bureau of Reclamation Commissioner Brenda Burman provided a Jan. 31 deadline for lower Colorado River Basin states to reach an agreement on drought contingency plans (DCPs) during a speech today at the Colorado River Water Users Association Conference. 

“Commissioner Brenda Burman provided timely leadership and a necessary catalyst for the basin states to get our work done on drought contingency plans by Jan. 31. In Arizona, we have a balanced DCP Implementation Plan framework that enjoys broad-based support. We need to keep working to refine the plan, increase the certainty of funding for Pinal agriculture mitigation and make the case with the state legislature to pass the needed legislation as soon as possible.”

• Kevin Moran, Senior Director, Colorado River Program, and Chair, Water for Arizona Coalition

(SACRAMENTO, CA – Dec. 12, 2018) In response to the California State Water Resources Control Board’s vote today approving a new water management plan that addresses the ecological crisis in the Delta and headwaters systems, leading conservation organizations applauded the action as an important first step and called for ongoing productive and transparent discussions among all parties. 

The groups, including the Environmental Defense Fund, Trout Unlimited, Defenders of Wildlife, American Rivers and The Nature Conservancy, issued the following statement:

“California’s water future looks brighter tonight. The State Water Board’s approved Phase 1 of the Bay-Delta Water Quality Control Plan will help us all protect clean water for 25 million residents, support jobs and start the recovery of our 10,000-year-old native salmon runs. After decades of inaction, today’s historic vote helps put Californians back in the driver’s seat to protect our own precious resources.” 

Background
Conservation and environmental groups have encouraged immediate adoption of Phase 1 of the Board’s Bay-Delta Water Quality Plan. The organizations acknowledge there are promising components in the proposed plan by California’s Department of Fish and Wildlife and Department of Water Resources. However, the voluntary plan offered is only a start, and further work on it is needed to develop a full agreement that meets the water quality control plan objectives and supports recovery of fish species.  

The State Water Board’s vote on Wednesday does not preclude board members from incorporating an eventual voluntary agreement, should one be reached.  Conservation organizations will decide whether to engage in further negotiations based upon our judgment that the following critical criteria are met: (1) conservation organizations are able to make their own decisions about participation; (2) conservation organizations are engaged as full partners; (3) there is transparent information sharing in writing; (4) the proposal is designed to achieve water quality control plan objectives including fisheries recovery; and (5) all proposals are analyzed against a comprehensive suite of biological objectives.

(Harrisburg, PA) The Pennsylvania Department of Environmental Protection (DEP) will unveil additional details about a new proposal to reduce emissions from natural gas facilities across the state. The draft expands requirements that currently apply only to new natural gas projects to include thousands of existing facilities as well.

DEP will discuss the proposal with the Air Quality Technical Advisory Committee at a public meeting tomorrow. The draft is expected to open for public comment early in 2019.

A study earlier this year found Pennsylvania oil and gas companies emit five times more methane pollution than they report to the state. Methane is the main component of natural gas, a fact that makes emissions a problem for both the environment and the economy.

“Governor Wolf’s leadership on methane and his recent victory at the polls confirm once again that Pennsylvanians want sensible protections from oil and gas pollution. The proposal to bring thousands of existing oil and gas facilities under sensible safeguards will help ensure that communities across the state enjoy cleaner, healthier air, and serves as a crucial backstop against efforts in Washington to undue core climate protections.”

• Fred Krupp, President, Environmental Defense Fund

(SACRAMENTO, CA – Dec. 11, 2018) To restore the health of the San Joaquin River and its tributaries, the California State Water Resources Control Board can help break a pattern of delay by approving an updated Bay-Delta Water Quality Control Plan at its meeting Wednesday, leading conservation organizations said today.
 
“The time to act is now. California’s iconic salmon runs and the Bay-Delta estuary sit on the brink of collapse, and the water supply system supporting our farms, our rural communities, and our cities is at risk,” said Maurice Hall, Associate VP, Ecosystems – Water, at Environmental Defense Fund. “Action by the State Water Board can help us move forward to advance a resilient water equation for the state and start the recovery of California’s 10,000-year-old native salmon fishery.”
 
Water users across the state, state and federal environmental protection agencies, conservation groups, and others need to see board action now to advance a meaningful, sustainable water management plan that addresses the ecological crisis in the Delta and headwaters systems, ensures clean water for 25 million residents, and supports jobs.
 
The board’s regulatory process to update the Bay-Delta Water Quality Control Plan began 10 years ago, prompted by state and federal legal requirements to ensure sufficient water remains in streams to protect the environment. As the process has moved forward, numerous attempts have been made to negotiate a voluntary agreement, and each time participants have failed to meet deadlines. On Nov. 9, the Brown administration requested one month for continued talks to reach a voluntary settlement framework. Those discussions, however, have not produced an agreement that will meet federal and state legal requirements.
 
“Our organizations have worked in earnest for the last several years to develop a voluntary settlement agreement that would achieve the board’s biological objectives. This past weekend, we concluded we could not support the current agreement, which falls short of meeting the needs of fishing families and salmon and steelhead in too many California rivers and the Delta estuary,” Brian Johnson from Trout Unlimited said.
 
“Our organizations remain supportive of productive and transparent discussions toward a voluntary settlement that includes improved flows, restored habitat, and improved science programs, provided those agreements meet the needs of the fish and wildlife,” explained Steve Rothert of American Rivers.
 
Adoption on Wednesday by the board and expeditious finalization of the regulations does nothing to preclude them from incorporating an eventual voluntary agreement, should one be reached. In fact, in its proposed regulations the board has rightly included provisions that allow it to implement an alternative plan if parties develop and offer such a compromise provided the settlement meets its crucial objectives.
 
Still, actions by the Trump administration have made this more challenging as it seeks to erode federal protections for endangered species. “Because California is negotiating with a federal administration out of touch with our climate and environmental protection goals, it is more important than ever that we act decisively to protect our own natural resources,” said Rachel Zwillinger of Defenders of Wildlife.
 
Twenty-three years ago, the Wilson administration intervened to stop the board from acting to provide more water for fish. Today, multiple salmon runs are now on the brink of extinction, and fishing families who remain are on the cusp of losing more than 23,000 jobs.
 
“We are seeing firsthand the fish and wildlife declines that delays have wrought in the past, and, at the same time, we cannot let federal politicians dictate California’s water future,” said Brian Stranko of The Nature Conservancy. “We cannot allow delays and disagreement to let control of our state’s environmental future slip from our hands. California simply has too much to lose.”
 

(WASHINGTON, DC) With thanks to the leaders of the Senate and House agriculture committees, the farm bill conference report delivers strong, bipartisan support for farmers and natural resources.

“This farm bill recognizes farmers and ranchers as integral to achieving long-term climate resilience and water quality goals.

“It takes important steps forward on environmental priorities while ensuring that America’s working lands are profitable, productive and part of the climate solution. The bill prioritizes sustainability impact and innovation on private lands, with full funding for the conservation title.

“We look forward to seeing the farm bill cross the finish line and to the U.S. Department of Agriculture implementing exciting conservation provisions that build agricultural resilience to benefit all Americans.”

• Callie Eideberg, Senior Policy Manager, Sustainable Agriculture

Highlights of the bill include:

• Public-private partnerships: Annual funding of $300 million for the Regional Conservation Partnership Program that will bring an additional $3 billion in matching private dollars to the table to deliver water quality improvements at the watershed-scale.
• Soil health: Annual funding of $25 million for a new soil health pilot project that will provide incentives to producers who improve soil health and increase soil carbon.
• Crop insurance: Removal of a barrier to cover crop adoption by ensuring that planting and terminating cover crops won’t jeopardize crop insurance eligibility.
• Agricultural data: Requirement that USDA issue a feasibility report on existing data about crop yields, conservation adoption and risk management.
• Less red tape: Expedited review process for Conservation Practice Standards to allow USDA to adapt quickly to new technologies and best practices.

(TOKYO – Dec. 8, 2018)  Environmental Defense Fund (EDF) today applauded the vision and leadership of Japanese lawmakers and the Abe Administration as Japan’s legislature enacted the most significant reform of its fisheries laws in 70 years.

EDF also noted that the reforms have the potential to signal a meaningful shift in how other countries in the Asia Pacific region manage their fisheries in the future.

“The world should take note of this moment because it signals a transformational shift in how countries are managing their fisheries for the long term, and if done right, has the potential to usher in a new era of sustainability in the region that will have far-reaching positive impacts,” said Katie McGinty, Senior Vice President, EDF Oceans.

The passage of the reform legislation through the Japanese Diet (Japan’s bicameral legislature) marks a landmark moment in the nation’s efforts to reform its fisheries, which has been a high priority for Prime Minister Abe as he continues to restructure Japan’s economy for long-term prosperity.

For more than a year, EDF has provided expert scientific and policy support and advice to government officials, scientists and regulators to help lay the groundwork for the reform effort. The legislation’s goal is to ensure long-term productivity of important fish stocks that are at the heart of the Japanese economy, culture and cuisine, and that impact seafood markets across the globe.

The reform package incorporates several recommendations from EDF including expanding stock assessments to cover all commercial stocks and increasing the percentage of catch managed with science-based catch limits. In addition, the reforms include requiring recovery plans for overfished stocks within 10 years and establishing a system of individual vessel quotas with some transferability.

“We applaud Japanese Diet members and the Abe Administration for their leadership and will continue to work alongside our partners to ensure the reform effort is implemented in the most effective way possible,” said McGinty.

While the reforms being passed by the Diet are a meaningful step forward on the road to creating sustainable fisheries in Japan, the implementation phase will be equally important, EDF said. During that crucial phase, regulations known as cabinet and ministerial ordinances will be drafted by Japan’s Fishery Agency and will shape how the legislation is put in place on the water.

EDF said it is particularly focused on helping refine the reforms during the implementation phase to include a transition financing plan that does not undercut sustainability, including stakeholders more broadly in the management process and improvements in monitoring and accountability.

“There can be no doubt that this development to create greater sustainability in Japan’s fisheries is a significant win, but more work needs to be done,” McGinty said. “We must continue to work together in order to achieve Prime Minister Abe’s vision of creating thriving, resilient and sustainable fisheries that provide more food, more prosperity and greater environmental wellbeing for people, their communities and the ocean.”

“Senator Schumer’s call for using an infrastructure bill to move America towards a 100 percent clean energy economy is an important step forward. His statement also recognizes the huge potential to cut potent methane pollution from our energy system. We have the opportunity to rebuild America and create jobs in a way that that cleans our air and protects our children from the dangers of climate change. As we saw in the recent National Climate Assessment, the costly impacts of climate change are already here – and growing worse. We still have time to meet this challenge, if we take every opportunity to move towards our goal of a cleaner and safer future.

“Moving to 100 percent clean energy across our economy will take bold action. But as we’ve seen in recent announcements – including one of America’s largest utilities and the world’s largest shipper both committing to be 100 percent clean – we have the know-how to do it. All that is missing is the political will. Senator Schumer, Rep. Nancy Pelosi, and many others in Congress are filling that critical need.”

            - Elizabeth Gore, Senior Vice President, Environmental Defense Fund

WASHINGTON, D.C.—Today, the Environmental Protection Agency (EPA) issued a final decision to allow harmful cross-state air pollution to continue unchecked. The decision not to adopt limits on ozone-forming pollution was issued under the interstate transport (or “good neighbor”) provisions of the Clean Air Act – provisions intended to ensure that upwind states control harmful air emissions that affect air quality in downwind states. The EPA is forgoing clean air protections despite ozone levels in Eastern states that exceed health standards set in 2008, largely due to air pollution blowing in from coal-fired power plants in upwind states.

49 counties with more than 36 million people in the Eastern United States and Texas suffer from ozone levels that exceed the 2008 ozone National Ambient Air Quality Standards (NAAQS). Ozone exposure at this level and below can result in chronic respiratory diseases like asthma, scarring of the lungs, and premature death, and is particularly harmful to children. The areas of the country that suffer from unhealthy air due to cross-state pollution are disproportionately home to communities of color.

“Instead of following the good neighbor provisions of Clean Air Act, EPA created a bad neighbor rule,” said Earthjustice staff attorney Neil Gormley. “People are breathing unhealthy air today; EPA should honor their duty under the Clean Air Act, instead of jumping through hoops to protect polluters from compliance.”

The EPA held a public hearing on the proposed determination on August 1 of this year prior to the final rule making, where state governments and conservation groups called on the agency to adopt strong public health protections.

“Being outdoors should never be detrimental to your health,” said Georgia Murray, Staff Scientist for the Appalachian Mountain Club. “Yet this action is one of many by the Trump administration that undermines clean air protection and harms all those who work and play outside.” 

“Not only is EPA failing to protect human health, it is also failing to protect local water quality,” said Jon Mueller, Chesapeake Bay Foundation Vice President for Litigation. “Here in the Chesapeake Bay region roughly one-third of the nitrogen pollution entering local waterways and the Bay comes from air pollution. Taking action to reduce harmful air emissions under the ‘good neighbor’ provision would also help reduce pollution to the Chesapeake Bay, a national treasure.”

“Today the Trump administration continues its assault on our children’s health by allowing states to send deadly air pollution across state lines,” said Matthew Gravatt, the Associate Legislative Director at Sierra Club. “Rather than enforcing the law, the Trump administration is ignoring dozens of monitors showing levels of air pollution that EPA has deemed unsafe for our children, based on a hollow promise that sometime in the future the air will magically clean itself.” 

“The Clean Air Act clearly requires EPA to protect Americans in downwind states from unhealthy pollution that blows across their borders. That means EPA has a duty to help downwind states fight this pollution, reduce their smog levels, and keep their citizens safe,” said EDF Senior Attorney Graham McCahan.

(Baton Rouge) Today, Louisiana Governor John Bel Edwards announced changes in the leadership of the Coastal Protection and Restoration Authority, with Johnny Bradberry stepping down after two years of service and Chip Kline being appointed Interim Executive Assistant to the Governor for Coastal Activities, as well as Interim Chairperson of the state’s Coastal Protection and Restoration Authority (CPRA).

Restore the Mississippi River Delta, a coalition of national and local conservation organizations committed to coastal Louisiana restoration including Environmental Defense Fund, the National Wildlife Federation, National Audubon Society, Coalition to Restore Coastal Louisiana, and Lake Pontchartrain Basin Foundation, as well as Restore or Retreat, The Nature Conservancy, and Louisiana Wildlife Federation issued the following statement:

“Given the significant challenges facing our coast, we are grateful to Governor John Bel Edwards for moving quickly to fill a position that is so critical to Louisiana and our future.

“For his two years of service and contributions to our coast while in this critical role, we thank Chairman Johnny Bradberry and wish him well in his future endeavors. During his tenure, Bradberry continued momentum on progress toward restoration and protection of our coast, including securing a landmark Memorandum of Understanding with the federal government committing the Mid-Barataria Sediment Diversion to a 2-year federal permitting timeline.

“In appointing Chip Kline to serve as interim leader of CPRA, Governor Edwards is ensuring a smooth transition and that someone with significant, relevant experience will guide the agency forward in its mission to address the rapid disappearance of Louisiana’s coast.

“Having served in top coastal leadership positions in Louisiana for a decade, Kline has tremendous experience that has helped Louisiana navigate some of the most difficult challenges our state has faced, from the BP oil spill settlement to devastating hurricanes to implementation of complex, large-scale coastal restoration projects. Kline has delivered for Louisiana’s coast time and again, from the halls of Congress to the Louisiana Legislature to meetings in coastal communities across the state. He has been a consistent and driven champion for the people, wildlife and industries that depend on restoration and protection of Louisiana’s coast.

“Our organizations look forward to continued partnership with Chip Kline and the rest of the staff at the Coastal Protection and Restoration Authority as we collectively work to address the greatest threat facing the future of Louisiana.”

(Washington, D.C. – December 6, 2018) Environmental Defense Fund (EDF) filed a lawsuit today to compel the U.S. Environmental Protection Agency to release public records about the Clean Power Plan, super-polluting “glider” trucks, methane pollution from oil and gas production, and the agency’s communication with external law firms.

EDF requested the records under the Freedom of Information Act (FOIA) as part of our ongoing effort to protect transparency and accountability about federal activities that affect public health and the environment.

EPA failed to release the requested records, as required by law. So today EDF filed a lawsuit in the U.S. District Court for the District of Columbia.

“These records bear directly on the Trump EPA’s decision-making and enforcement priorities, including whether the agency is upholding its obligation to protect American communities from dangerous pollution,” said EDF attorney Ben Levitan. “The American public has a legal right to see these records. Our lawsuit is necessary to make sure that they can.”

This is the seventh time EDF has had to sue the Trump administration to access records about threats to public health and the environment.

Today’s lawsuit covers four different FOIA requests submitted by EDF. In each case, EPA’s statutory deadline to provide records is several months overdue.

• The first request, submitted to EPA almost 17 months ago, seeks correspondence between certain EPA officials and representatives of external law firms. EDF submitted the request based on news reports that attorneys at major law firms representing polluters might be tasked with drafting regulatory loopholes that would benefit their clients.
• The second request, submitted to EPA more than a year ago, seeks records about industry compliance with limits on pollution of methane and volatile organic compounds during oil and gas production. The records will provide key information relevant to EPA’s current effort to weaken these pollution limits.
• The third request, submitted to EPA more than 10 months ago, seeks records about EPA’s review of the Clean Power Plan — America’s only nationwide limit on carbon pollution from existing power plants — at the direction of President Trump. EPA’s proposal to repeal the Clean Power Plan was “based on the outcome of that review,” but the agency has not released any information about how it conducted the review or what conclusions it reached.
• The fourth request, submitted to EPA almost seven months ago, seeks records about the number of super-polluting “glider” trucks that manufacturers plan to build. These trucks do not meet modern pollution standards. The Trump EPA has repeatedly sought to roll back any pollution limits for these super-polluting freight trucks.

Tycko & Zavareei LLP is representing EDF in this case.

You can find more information about EDF’s FOIA requests on our website.