Complete list of press releases

(WASHINGTON – September 28, 2017) Today the U.S. District Court for the District of Columbia granted the State of Louisiana’s motion to intervene in litigation brought by the Environmental Defense Fund and the Ocean Conservancy against the U.S. Department of Commerce for its decision to increase this year’s federal private angler fishing season thirteen-fold, jeopardizing the ongoing recovery of Gulf of Mexico red snapper and knowingly allowing overfishing to occur. Environmental Defense Fund and the Ocean Conservancy did not oppose Louisiana’s motion.

The following is a statement from Robert E. Jones, Gulf of Mexico Director for Environmental Defense Fund’s U.S. Oceans program:

“While Louisiana Attorney General Jeff Landry has chosen to intervene against us in court, we did not oppose the motion because Louisiana clearly meets the legal standard to intervene, and EDF believes the State has fishery management experience and expertise that may help the court as it considers this case. EDF wants not only to ensure that the government continues to follow the law but also to spur solutions-oriented reform that provides anglers with more flexible access to fishing while making sure that future generations are able to catch red snapper.

“Fixing the broken way we manage fishing by private anglers will require innovative thinking and action, like the investments Louisiana has made to improve their private angler monitoring system and the new ideas for management they have proposed.”

(Washington, DC – September 28, 2017) The U.S. Department of the Interior is expected this week to publish a formal notice of intent to amend the federal plans for the imperiled greater sage-grouse.

“Reopening the federal sage-grouse plans is a huge step back for the countless and diverse stakeholders who came together to forge the plans over many years.

“Undoing the sage-grouse plans would have significant negative consequences on the ground, disrupting landowner-led conservation currently underway, and creating great uncertainty for industries, states and other stakeholders across the sagebrush landscape.

“Uncertainty is the enemy to the robust agriculture and energy industries of the West that rely on clear and consistent standards to operate and to confidently plan for the future. Weakening the plans in any way will also create uncertainty for the historic and long-planned state and stakeholder-led conservation efforts that resulted in the ‘not warranted’ decision to keep the sage-grouse off the Endangered Species Act two years ago. Reopening the plans increases the likelihood of the grouse being listed in the near future, putting livelihoods, industries and wildlife at great risk.

“EDF will continue to engage with the majority of concerned stakeholders who are committed to maintaining the solid foundation of the existing sage-grouse plans. We will continue to work collaboratively to ensure that the integrity of the plans remains in place to serve wildlife, communities, and the economy.”

-        Eric Holst, Associate Vice President of Working Lands, Environmental Defense Fund

(Washington, D.C. – September 27, 2017) The state of Maryland filed a lawsuit against the Environmental Protection Agency (EPA) and Administrator Scott Pruitt today for the agency’s failure to protect Marylanders from the dangerous smokestack air pollution that is blowing across its borders and putting millions of people’s health at risk.

Maryland petitioned EPA months ago asking the agency to enforce the “good neighbor” provisions of the Clean Air Act to protect Marylanders from second-hand pollution. EPA never answered the petition. 

Maryland filed suit in the U.S. District Court for the District of Maryland today. In a bipartisan show of support for clean, healthy air, Republican Governor Larry Hogan and Democratic Attorney General Brian Frosh joined together to challenge Administrator Pruitt for his failure to take steps to protect the health of Maryland families. EDF plans to join the litigation in support of Maryland.

“EPA Administrator Scott Pruitt’s refusal to do his duty and enforce America’s clean air laws is putting the lives and health of millions of Marylanders and people throughout the region at risk,” said EDF Senior Attorney Graham McCahan. “We stand with Maryland, and we’ll ask the court to ensure Administrator Pruitt carries out his legal and moral responsibilities to keep Americans safe from dangerous pollution.” 

The Clean Air Act’s “good neighbor” protections exist to protect states like Maryland from upwind air pollution originating in other states.

Maryland’s Department of Environment has spent decades trying to reduce smog and other dangerous pollution in the state. However, pollution from 36 coal-fired units in five upwind states is undermining Maryland’s efforts, adding to its smog problem, and afflicting communities and families. Those power plants all have modern pollution controls – but are not running them. 

About 70 percent of Maryland’s smog problem originates from emissions in upwind states. Smog is associated with premature deaths, hospitalizations, asthma attacks and long-term lung damage. Smog-forming pollution that blows across state lines imperils the health of millions of people who live downwind – especially children, the elderly, people with respiratory disease, and those working and active outside, who are especially vulnerable.

In November, Maryland submitted a petition under section 126 of the Clean Air Act – a section that is a central part of the Act’s “Good Neighbor” provisions. The petition asked EPA to find that pollution from specified coal plant units in Indiana, Kentucky, Ohio, Pennsylvania, and West Virginia is violating those Good Neighbor protections because their smokestack pollution is contributing to unhealthy air in Maryland. 

The petition asked EPA to require those power plant units to take the common sense step of running their already-installed pollution controls every day during smog season, which runs from May 1 through September 30. EPA never responded to Maryland’s petition, even though it is legally required to do so.

You can read Maryland’s full petition here – it includes a list of the power plants that are not fully running their already-installed pollution controls. Connecticut and Delaware also have Good Neighbor petitions pending before EPA that focus on pollution from upwind power plants. 

EDF plans to file legal action in support of Maryland, along with a coalition of other environmental and community organizations.

EDF has also published two interactive maps that show the pollution from each electric generating unit identified in Maryland’s original “good neighbor” petition. The maps show how much excess pollution is being emitted from these units, and illustrates the air quality challenges facing communities and ecosystems in Maryland and throughout the region.

(CHICAGO – September 27, 2017) The Illinois Commerce Commission (ICC) today agreed to adopt a greenhouse-gas (GHG) metric that will require Ameren, the electric utility for central and Southern Illinois, to measure and report on emissions reductions associated with its advanced metering infrastructure. The metric was initially proposed by Environmental Defense Fund (EDF) and the Citizens Utility Board (CUB) and developed in concert with ComEd, the electric utility for Northern Illinois, which began using the measurement tool in 2016.

“We have long said that investment in advanced energy tools like smart meters should be used to clean the air, and this metric provides a precise way to calculate just how much pollution is being kept from our skies. Ameren can now track the environmental benefits of its smart-grid investments, including how the utility is meeting Illinois’ ambitious grid modernization goals. We look forward to working with Ameren to ensure that it maximizes the benefits of its advanced energy efforts.”

• Christie Hicks, Manager, Clean Energy Regulatory Implementation

“CUB is pleased with today’s ICC ruling. As Illinois continues historic upgrades to the power grid, it is vital that we have the metrics to measure how effective the smart grid is at making our electricity system more efficient, more affordable and cleaner. This is a step forward in measuring the environmental benefits of the smart grid. We are committed to working with all parties—Ameren, the ICC, and other consumer advocates—toward the goal of building a better power grid to benefit consumers.” 

• David Kolata, Executive Director, Citizens Utility Board  

(WASHINGTON - September 26, 2017) The following is a statement from Matt Tinning, Senior Director of Environmental Defense Fund’s U.S. Oceans Program on today’s U.S. House Natural Resources Committee hearing:

“We agree with the consensus expressed by virtually all of today’s hearing participants – witnesses and Members of Congress alike – that the Magnuson-Stevens Act is a remarkable success and must remain strong. We also agree that management of private recreational fishing in the Gulf of Mexico is broken and needs to change. Unfortunately, many of the bills discussed today aim to weaken one critical element that works in the red snapper fishery – catch limits.

“The red snapper population is rebuilding and quotas have more than doubled over the last decade for recreational and commercial fishermen. The way that quota turns into fishing access for private anglers is what we need to fix. We support efforts to find solutions that provide flexible access to anglers, but they must include real safeguards for conservation.”

(San Francisco – September 25, 2017) A U.S. District Court judge heard arguments today that Interior Secretary Ryan Zinke violated that law when he abruptly suspended vital protections that reduce the waste of natural gas on public and tribal lands.

Magistrate Judge Elizabeth Laporte of the U.S. District Court for the Northern District of California heard the case today. Lawyers representing the Attorneys General of California and New Mexico, and EDF and other conservation and tribal citizen groups, argued that Zinke’s suspension of the Bureau of Land Management’s (BLM) Waste Prevention Rule should be overruled. 

“We believe that Secretary Zinke’s decision to suspend the Waste Prevention Rule without any opportunity for public input was clearly unlawful,” said EDF Lead Attorney Peter Zalzal. “The Waste Prevention Rule ensures that the oil and gas companies operating on federal and tribal lands will take common sense steps to prevent the waste of natural gas, secures royalty money that rural communities can use for their schools and other infrastructure, and reduces the air pollution that harms all Americans.”

BLM adopted the Waste Prevention Rule in response to widespread evidence of extensive waste of natural gas on public and tribal lands — waste that means millions of dollars in lost revenue for taxpayers and an increase in harmful air pollution. The safeguards were finalized in November 2016 after a public process involving extensive stakeholder participation – including eight public hearings across the country and hundreds of thousands of comments submitted –over several years.  

The measures in the Waste Prevention Rule require companies operating on public and tribal lands to deploy common sense technologies and best practices to capture pollution. Many of these common sense measures are already being effectively deployed in states like Colorado and Wyoming.

In June of 2017, however – without any public opportunity for comment and without considering any of the consequences for taxpayers, public health, and climate pollution – Secretary Zinke suspended key aspects of the Waste Prevention Rule, including requirements to reduce flaring, minimize waste from pneumatic controllers, and undertake common sense leak detection and repair practices. 

Secretary Zinke’s decision to suspend key parts of the Waste Prevention Rule came after a January 2017 court decision, in a Wyoming federal district court, that rejected industry efforts to block the Waste Prevention Rule.

In May of 2017, Congress likewise rejected efforts to repeal the Waste Prevention Rule using the Congressional Review Act. 

73 percent of voters nationwide support BLM’s Waste Prevention Rule, which was originally adopted to address the $330 million worth of the public’s natural gas that is wasted each year. 

The Sierra Club, Center for Biological Diversity, National Wildlife Federation, Natural Resources Defense Council, Wilderness Society, Citizens for a Healthy Community, Diné Citizens Against Ruining Our Environment, Earthjustice, Earthworks, Environmental Law and Policy Center, Fort Berthold Protectors of Water and Earth Rights, Montana Environmental Information Center, San Juan Citizens Alliance, Western Organization of Resource Councils, Wilderness Workshop, WildEarth Guardians, and Wyoming Outdoor Council joined EDF on the motion that the court considered today. 

You can find more information – including all legal documents – on EDF’s website.

(BOSTON – September 25, 2017) The following is a statement from Johanna Thomas, New England Regional Director for Environmental Defense Fund’s Oceans Program, following today’s sentencing of Carlos Rafael:

“Today’s sentencing of Carlos Rafael is an important step forward for the New England fishery. While the issue of forfeiture still must be resolved, this is a once-in-a-lifetime opportunity for NOAA to use millions of dollars of Carlos Rafael’s assets to fund electronic monitoring for the New England groundfish fleet – a move that would save fishermen money while protecting fish and fishermen from similar crimes in the future.  The best form of justice for Rafael’s wrongdoing is to use his illegally gotten gains to help the victims of his crimes. 

“We encourage NOAA to dedicate any potential fines or funds from Carlos’ seized assets to help fishermen and fish. Rhode Island Governor Gina Raimondo, Massachusetts Governor Charlie Baker, key legislative leaders and environmental and fishing industry organizations from across New England have repeatedly made it clear they support the use of this money for monitoring the fishery. Monitoring is the most important fix to get the fishery on a path of recovery and profitability.”

(New York, NY – September 25, 2017) XTO Energy, a subsidiary of ExxonMobil and the largest natural gas producer in the United States, today announced a set of commitments to reduce methane emissions from its production and midstream operations nationwide.

“XTO Energy is showing real leadership in addressing methane emissions at key sources across its U.S. operations. Delivering on this promise will make XTO a stand-out among the U.S. oil and gas industry. 

“At a time when others are trying to claw back basic protections and make excuses for inaction, this kind of company responsiveness to local community, investor and advocate concerns is refreshing.

“XTO’s expanded methane management program is a timely reminder that reducing methane emissions from today’s levels is technologically feasible, cost effective, and necessary.”

- Mark Brownstein, Vice President Climate and Energy, Environmental Defense Fund

(WASHINGTON, DC – September 22, 2017) The International Trade Commission today decided that domestic solar manufacturers Suniva and Solarworld have sustained “serious injury” from imported solar products. President Trump will make the final decision on whether to impose tariffs or other trade remedies on solar cells and/or modules produced outside the United States.

“The fate of one of the fastest job creating industries is now in the hands of President Trump, whose No. 1 campaign promise is job creation. If the president truly wants to keep well-paying jobs in America today, he will not deal a serious blow to the solar industry by imposing a tariff. A tariff would substantially reduce the demand for solar projects by raising costs. It would also cede solar leadership to other countries, threaten thousands of well-paying clean energy jobs, and slow the rapid expansion of solar energy in this country.”

According to a Greentech Media report in June, America could lose out on 47 gigawatts (GW) of solar installations with a solar tariff on cells and modules, which is more than the U.S. solar market has deployed to-date. That also means the opportunity to avoid 46-110 million metric tons of CO2 emissions would be gone — that’s one to two-and-half times larger than the total carbon emissions for Sweden. 

• Lenae Shirley, Senior Director, Technology Innovation and Market Adoption

Environmental Defense Fund (EDF) today released a new framework that will help state and local governments mobilize private investment to repair existing and build new infrastructure that can help mitigate the effects of extreme weather events.

The “Investment Design Framework” is part of a larger report, Unlocking Private Capital to Finance Sustainable Infrastructure, that introduces the first-ever roadmap for increasing collaboration with the private sector to fill critical public funding gaps.

“Hurricanes Harvey and Irma just wiped out an estimated $200 billion of economic value and caused widespread devastation – an alarming wake-up call for governments to invest in sustainable infrastructure now to help protect communities from the impacts of future storms,” said Namrita Kapur, Managing Director of EDF+Business and head of EDF’s Sustainable Finance program. “This new report highlights the economic benefits of investing in sustainable infrastructure and gives governments a how-to guide for getting started.”

After decades of neglect and lack of investment, the United States’ infrastructure faces critical challenges. The American Society of Civil Engineers estimates that $3.3 trillion will be needed by 2025 to upgrade or repair existing infrastructure and avoid negative economic impacts. There is, however, a funding gap of $1.4 trillion to meet this need. By 2040, this funding gap will be over $5 trillion.

The report, produced by Meister Consultants Group, Inc. for EDF, emphasizes the importance of investing in sustainable infrastructure, which is built and managed to help meet economic, environmental and social goals. Furthermore, it highlights the benefits of incorporating natural infrastructure approaches in coordination with more traditional structures or systems such as seawalls or levees. Natural or green infrastructure approaches can incorporate elements such as sand dunes, wetlands, salt marshes, or permeable pavements that can help regulate floods, control stormwater runoff, increase coastal resilience, and reduce erosion.

The Investment Design Framework draws from global best practices and several emerging and innovative methods to funnel financial resources to environmentally beneficial projects. These methods include green bonds, pay for success models used in environmental impact bonds, and unique forms of public-private partnerships focused on sustainability outcomes. The report highlights the potential of these methods through case studies:

• The DC Water and Sewer Authority (DC Water)is utilizing the nation’s first-ever Environmental Impact Bond;
• The New York Green Bank is distributing risk between government actors and private investors to accelerate clean energy;
• Prince George’s County is using a stormwater fee to support community-based partnerships, focusing on environmental and workforce development outcomes; and
• The Louisiana Coastal Master Plan is engaging technical experts and community stakeholders to form the right team in infrastructure development.

The framework also lays out key elements that foster successful collaboration with private investors, such as standardizing performance outcomes and metrics across technologies and within sub-sectors in order to scale the market.

What stakeholders are saying about the report:

“Fixing our infrastructure problems has many challenges and opportunities that require us to look at the problem differently than we have in the past. EDF’s new framework is a very useful tool for states and local governments to plan, fund and finance sustainable solutions,” said John Foote, Lecturer of Science, Technology and Infrastructure Policy at Cornell University’s Institute for Public Affairs.

“This report offers practical suggestions for unlocking private sources of capital to increase the sustainability and resilience of our country’s infrastructure and leverage critical - but scarce - public dollars,” said Alfred Griffin, President of NY Green Bank.

“EDF’s report offers a timely educational resource and call to action for cities and states to mobilize private finance for sustainable infrastructure projects. Through CDP’s Matchmaker effort to link more than 1000+ city projects reported to CDP to investors, we enable cities to better showcase infrastructure projects and find new ways to fund investment and ultimately deliver on their climate commitments. The EDF report provides guidance to public sector leaders looking for innovative ways to meet their sustainability goals,” said Katie Walsh, Senior Manager of CDP Cities North America.

(Washington, D.C. – Sept. 19, 2017) On June 29, Rep. Mike Johnson of Louisiana (R-La.), along with co-sponsors from Louisiana, South Carolina, and Georgia, introduced H.R. 3133, the Streamlining Environmental Approval Act, which would amend the Marine Mammal Protection Act. National conservation organizations working on coastal restoration – Environmental Defense Fund, the National Wildlife Federation, and National Audubon Society – issued the following statement in response:

“As organizations working toward the restoration of coastal ecosystems and wildlife in the Gulf of Mexico and around the country, we strongly oppose H.R. 3133, the Streamlining Environmental Approval Act. This bill would weaken core provisions of the Marine Mammal Protection Act, with potentially wide-reaching consequences for marine mammal populations without advancing coastal restoration priorities. Additionally, by removing important process safeguards – including NOAA’s ability to require mitigation and long-term monitoring of impacts from activities – H.R. 3133 favors exploitation activities at the expense of a more balanced approach to managing our ocean resources. We urge Congress to reject this attempt to modify the Marine Mammal Protection Act, which could needlessly result in increased harm to marine mammal populations, ultimately to the detriment of overall ecosystem health.

“We continue to call upon Congress to provide robust funding to natural resources agencies including NOAA, increasing their consultation and permitting capacity, and enabling them to more efficiently and thoroughly respond to a growing number of permit requests.” 

(SACRAMENTO – September 16, 2017) Legislators chose not to bring SB 100 (de León) to a vote yesterday in the California State Assembly, the last day of year one of a two-year legislative session. This landmark bill would have increased California’s current renewable energy goal from 50 to 60 percent by 2030 and set a state-wide target to power 100 percent of California’s electricity with renewable and zero-carbon resources by 2045.

“California’s leaders chose not to vote for 100% clean energy yesterday. The state will have the chance to take this up next year and seize the opportunity to create more jobs, boost the economy, and cut harmful pollution. The Golden State has worked hard to foster and maintain one of the largest renewable energy markets in the nation, and will keep moving towards bold goals that build healthy communities and a strong economy.”

• Lauren Navarro, Senior Policy Manager, California Clean Energy

(Houston – September 14, 2017) The U.S. Environmental Protection Agency (EPA) said Thursday that Valero Energy “significantly underestimated” the amount of cancer-causing benzene and other volatile organic compounds released from its Houston refinery during Hurricane Harvey. The agency’s statement comes after Environmental Defense Fund (EDF) last week found hazardous levels of benzene in the neighborhood beside the refinery.

EDF began taking measurements in Houston’s Manchester neighborhood on September 4 in the absence of sampling by EPA and the Texas Commission on Environmental Quality (TCEQ). As residents complained of strong odors, the state agency’s mobile air quality laboratory remained idle in Austin. Entanglement Technologies, a California-based company, conducted the measurements for EDF, and the findings matched those done by the city of Houston. 

“The high levels of hazardous pollutants in the air add to an already difficult time for Houston,” said Elena Craft, Ph.D., senior health scientist at Environmental Defense Fund. “This is why it is vital for the health and safety of everyone that we have a strong EPA. We appreciate that EPA has acknowledged this problem, but the agency and TCEQ will have to be more vigilant in the future to protect people from severe pollution events.”

“A robust EPA and TCEQ would have been more on top of pollution problems as they happen. We urge the agencies to do more active surveillance of oil refineries and chemical plants in order to protect public health,” said Craft. “It would be a serious mistake – for Houston and the nation as a whole – if Congress were to cut EPA’s budget as the Trump administration has proposed. The shows, again, how much we need them to protect the health and safety of American families.”

In regulatory filings, Valero reported that heavy rainfall had caused the floating roof of a refinery tank to sink Aug. 27, releasing 6.7 pounds of benzene into the air. Benzene, a toxic, flammable chemical found in crude oil and gasoline, can cause central nervous system damage and bone marrow damage, and is carcinogenic. 

By industry estimates, the shutdowns and startups of oil refineries and chemical plants and Harvey-related damage to industrial facilities in Texas caused the release of more than 6 million pounds of hazardous pollutants, including those that contribute to the formation of ground-level ozone, or smog.

Environmental Defense Fund has launched a new TV ad to highlight the need for a fully capable Environmental Protection Agency to protect the health of all Americans. The ad, which will run for three weeks in the Washington D.C. area, reminds Congress that cutting EPA means they’ll be responsible for more asthma attacks, more lead in the water, more pollution, and more health problems. The spot, which ends with footage of the recent fires at the Arkema chemical plant near Houston, reminds lawmakers that EPA is critical part of disaster response.

“The Trump administration has proposed a 30% cut to EPA, the biggest cut of any federal agency,” said Elizabeth Thompson, Vice President, U.S. Climate and Political Affairs, Environmental Defense Fund. “That would leave EPA unable to protect our kids’ health or respond effectively to disasters like Harvey and Irma. The Trump administration’s proposed cuts to the agency that keeps our air and water clean – and protects our health in case of emergencies — are deeply irresponsible.”

The ad is part of an ongoing effort by EDF to ensure that EPA, which has already suffered serious budget reductions in recent year, remains capable of protecting public health.

The ad can be seen here.

(CHICAGO – September 11, 2017) The Illinois Commerce Commission (ICC) today approved Ameren’s proposed energy efficiency plan, which falls drastically short of the goals the utility agreed to last year as part of the Future Energy Jobs Act. In collaboration with the Natural Resources Defense Council and the Citizens Utility Board, Environmental Defense Fund (EDF) provided numerous suggestions for Ameren to meet its efficiency goals and provide maximum savings to a greater number of customers. The ICC’s decision goes against the proposed order by the Administrative Law Judge, and EDF will file an application for rehearing.

“Ameren is abandoning its energy efficiency commitments, meaning fewer customers will get help lowering their energy bills, and those who do will be saving less. By approving the utility’s egregious plan, the Illinois Commerce Commission disappointingly chose to ignore the thorough recommendation of its own administrative law judge. The decision robs people in central and southern Illinois of the cleaner air, lower bills, and clean energy job opportunities they were promised by the Future Energy Jobs Act.”

• Christie Hicks, Manager, Clean Energy Regulatory Implementation