Complete list of press releases

(WASHINGTON – August 1, 2017) Sen. Bill Cassidy and Rep. Garret Graves of Louisiana have filed legislation in Congress aimed at addressing failing recreational red snapper management in the Gulf of Mexico. Matt Tinning, Senior Director of EDF’s US Oceans Program had the following statement.

“The way recreational red snapper fishing is managed in the Gulf of Mexico is a nightmare. New approaches are urgently needed, and we thank those in Congress who are working to better understand this complex issue.

“We recognize that Senator Cassidy and Congressman Graves are seeking a workable solution for private anglers in the Gulf, and that they have made significant efforts to address the concerns of other sectors. At this point, however, their legislation will not effectively ensure that recreational fishing stays within science-based catch limits. Without that critical safeguard, we risk turning back the clock on the remarkable recovery of Gulf red snapper. 

“Environmental Defense Fund stands ready to work with Senator Cassidy, Congressman Graves and all stakeholders to find a way forward that provides the flexibility anglers want and deserve while ensuring the long-term conservation of the red snapper population.” 

(Washington, D.C. – July 31, 2017) The full U.S. Court of Appeals for the D.C. Circuit issued the mandate tonight in its ruling that U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt acted unlawfully in suspending pollution limits for the oil and gas industry.

Nine of the eleven active judges on the court ordered immediate issuance of the mandate.  

“Today’s issuance of the mandate by the full D.C. Circuit protects families and communities across America under clean air safeguards that EPA Administrator Scott Pruitt sought to unlawfully tear down,” said EDF Lead Attorney Peter Zalzal.

The en banc court issued the mandate this evening for the ruling by a three-judge panel on July 3^rd.That opinion held Administrator Pruitt’s suspension of oil and gas pollution standards was “unlawful,” “arbitrary,” and “capricious.” 

The critical clean air protections at stake will reduce harmful methane and smog-forming, toxic and carcinogenic air pollution from new and modified sources in the oil and gas industry.  

Administrator Pruitt tried to impose a 90-day suspension of the vital clean air standards without public input and without analysis of the public health or environmental consequences. 

Administrator Pruitt then requested that the court delay issuing its mandate in the case, asking for a 52-day or longer extension to comply with the court’s ruling. The court rejected the request and provided a limited 14-day period.

That 14-day period ended on Friday. EDF and its partners, and a coalition of 13 states and 2 cities, then asked the court to issue its mandate – which it did this evening. 

In a separate action, Administrator Pruitt is also proposing to suspend compliance with these same protections for two years – while expressly conceding that the suspension may adversely impact children’s health. EPA is accepting public comment on that proposal through August 9^th.

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

(San Francisco – July 28, 2017) Environmental Defense Fund (EDF) and 16 other national, tribal and local public health and conservation groups are asking a federal court to block Interior Secretary Ryan Zinke’s suspension of standards that would prevent the substantial waste of natural gas on public and tribal lands.

The groups filed a motion for summary judgment last night with the U.S. District Court for the Northern District of California, arguing that Secretary Zinke’s abrupt decision to indefinitely delay the Bureau of Land Management (BLM) standards – without seeking public input or assessing the consequences – should be declared invalid because it was not authorized under the law.

“Secretary Zinke suspended these vital standards without any notice, without opportunity for public input, and without considering the harmful impacts his suspension would have on the public. The law gives him no authority to do so,” said EDF Lead Attorney Peter Zalzal. “BLM’s standards use common sense technologies and best practices to reduce the waste of a valuable public asset and protect American families from harmful air pollution. They are firmly grounded in BLM’s legal authorities and Secretary Zinke should not be allowed to bypass all legal safeguards to unilaterally suspend them.”

On June 14, BLM announced it was suspending its natural gas waste prevention standards. Those standards would limit the amount of valuable natural gas that oil and gas companies can leak, vent, or flare on millions of acres of federal and tribal lands – a problem that results in harmful air pollution and costs taxpayers millions of dollars. BLM estimates that federal oil and gas lessees vented or flared more than 462 billion cubic feet of natural gas on public and tribal lands between 2009 and 2015 — enough gas to serve over 6.2 million homes for a year. 

BLM’s standards incorporate practical and highly cost-effective measures to reduce waste and air pollution. Those measures have been successfully deployed by leading oil and gas companies, and are required in major energy-producing states like Colorado and Wyoming.

Secretary Zinke suspended the standards even though previous attempts to delay them were rejected by both Congress and the courts.

Opponents of the standards asked a federal district court in Wyoming for a preliminary injunction, which would have put the standards on hold. In January, the court denied that request, concluding that the standards’ challengers had not demonstrated that they were likely to succeed on the merits of their challenge or that they would be irreparably harmed by the standards. At BLM’s request, further briefing on that challenge has been delayed for 90 days. (EDF is a party to the case).

Opponents in Congress attempted to repeal the standards using the Congressional Review Act, but a bipartisan majority in the Senate voted against that attempt.

Secretary Zinke has now suspended the standards even though more than 70 percent of voters nationwide support BLM’s natural gas waste standards, which were adopted to address the $330 million worth of the public’s natural gas that is wasted each year. 

The Attorneys General of California and New Mexico filed a legal challenge to the suspension shortly after it was announced. That challenge was filed in the U.S. District Court for the Northern District of California. The same Attorneys General also filed a motion for summary judgment this week in the same court.

EDF and its partners have also filed a legal challenge to the suspension of the standards with the U.S. District Court for the Northern District of California.

The latest motion was filed by 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, 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, along with EDF.

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

(RALEIGH, NC – July 27, 2017)  This afternoon North Carolina Governor Roy Cooper signed the Competitive Energy Solutions Act (H.B. 589). The new law will create a number of new competitive market opportunities for clean energy businesses in North Carolina, as well as provide greater choice and access to clean energy for customers. The original bill was the result of nearly a year of negotiations among stakeholders representing North Carolina’s business community, electric utilities, clean energy business representatives, consumer advocates, and environmental groups. The final version of the bill includes a temporary freeze on state permits for new wind energy projects.

“North Carolina’s clean energy business sector contributes nearly $7 billion annually to the state’s economy and provides more than 34,000 jobs. Governor Cooper’s support of the Competitive Energy Solutions Act is a step forward for affordable, clean, and reliable energy in the state, and puts into place pro-growth clean energy policies that will help deliver on North Carolinians’ growing demand for healthier and safer energy sources.”

 “While it is disappointing that the moratorium on new wind energy projects was included by lawmakers, we are confident the Competitive Energy Solutions Act will enhance North Carolina’s role as a clean energy leader.”

 “House Speaker Tim Moore, and Representatives John Szoka and Dean Arp deserve credit for their leadership in convening stakeholders and championing this pro-growth clean energy policy in the state legislature.”

 “EDF applauds Governor Cooper’s commitment to ensuring that North Carolina remains an attractive location for wind energy companies to invest in our communities, create jobs and grow our state’s economy over the longer term, as reflected in Executive Order 11, Promoting Wind Energy Development.

•  David Kelly, Manager, North Carolina Political Affairs

(HARRISBURG, Pa — July 27, 2017) The Pennsylvania Senate today approved a plan to balance the state’s budget, which includes taxing the state’s natural gas drilling.

“The natural gas severance tax supported by Gov. Tom Wolf trades away vital clean air and water protections for Pennsylvanians while coming nowhere near closing the budget gap. The governor has also bowed to industry pressure to fast-track natural gas development irrespective of any harmful impacts to our air and water.”

“Gov. Wolf was elected after promising to get serious about protecting Pennsylvanians from the impacts of natural gas drilling. Instead of fulfilling that promise, he continues to bargain away clean air and water protections in exchange for pitiful concessions from industry.”

“Gov. Wolf should know that we do not have to choose between a strong economy and a healthy environment. With the General Assembly attempting to stack the deck to block essential environmental protections, it’s time for the governor to stop the double-dealing and get to work on honoring the promises he made to his constituents. Clean air and water are not negotiable.”

                                         - Dan Grossman, National Director of State Programs, Oil & Gas

OTTAWA — Canada’s proposed regulations to reduce methane emissions from the oil and gas industry are a positive development — however, to fully deliver their economic and environmental potential, they must be strengthened, according to a diverse group of Canadian stakeholders representing business, environment and labour. The oil and gas industry is Canada’s largest source of human-caused methane pollution.   

Reducing methane from the oil and gas sector is a key aspect of the federal government’s pan-Canadian climate framework. Methane is a highly potent greenhouse gas, responsible for about a quarter of today’s climate warming — and those emissions come mingled with a host of other smog-forming and carcinogenic pollutants.

“Peer-reviewed research shows Canada’s methane emissions are as much as 250 per cent higher than reported by industry and government,” said David Suzuki Foundation science and policy director Ian Bruce. “The responsible course is to move urgently and enact strong regulations to reduce methane emissions from the oil and gas sector and accelerate the transition to a clean energy economy.”

Leaked methane is also a wasted product. In 2015, nearly C$370 million worth of natural gas escaped from Canadian oil and gas fields, enough to supply every household in Edmonton and Calgary for a year.

“Reductions in methane emissions in the oil and gas sector can be not only cost effective, but also achievable with existing technologies and techniques. Implementation of reasonable methane controls will provide investors with confidence that companies are taking necessary action to protect the long-term value of their business and promoting a sustainable global economy,” according to a group of investors, including Interfaith Center on Corporate Responsibility (ICCR), Ceres Investor Network on Climate Risks and Sustainability (INCR), and Shareholder Association for Research and Education (SHARE), with C$89.75 billion under investment.

Curbing oil and gas methane requires little in the way of new capital or fundamental changes in business practices. Many low-cost solutions are available today. Fixing methane leaks is often as easy as tightening valves and repairing equipment.

“Implementing effective methane regulations is one of the cheapest and easiest ways to reduce greenhouse gas pollution while creating good jobs,” said Blue Green Canada program manager Jamie Kirkpatrick. “Innovative Canadian methane management companies are poised for expansion and job growth based on efforts to comply with new methane rules.”

In the U.S., existing and proposed state-level policies aimed at reducing oil and gas emissions cover 25 per cent more production than would be covered by Canada’s proposed national methane rules. Some states, such as Colorado and California, have gone further than others have and are a model for effective methane regulations.

“Twenty-one countries across the world have recognized reducing oil and gas methane as a huge opportunity, while energy-producing states in the U.S. are pushing forward on methane regulations,” said Environmental Defense Fund international affairs director Drew Nelson. “Canada’s methane rules — if strengthened — will help the country catch up to other jurisdictions.”

The group of stakeholders submitted comments independently on the federal draft methane regulations introduced by Environment and Climate Change Minister Catherine McKenna in May. The final federal regulations are expected later this year or early in 2018, with Alberta’s provincial methane rules to be proposed in the coming months. 

(CHICAGO – July 26, 2017) The Illinois Commerce Commission (ICC) today finalized the “Open Data Access Framework,” developed by Environmental Defense Fund (EDF) and the Citizens Utility Board (CUB) to cut pollution and help customers save energy and money. The framework is made up of guidelines for securely authorizing and sharing energy-use data. EDF and CUB worked with the utilities and other parties to reach agreement in the case, which has given Illinoisans access to their energy data and the potential to control their energy use and electricity bills.

“The U.S. now has unprecedented amounts of energy-use data, and Illinois is blazing the trail on how we securely collect, protect, and share that data. By putting in place the Open Data Access Framework, Illinois is the first state to set clear energy-data guidelines, empowering people to better understand and manage their energy use. After three years of working out the details, we’re excited to see how innovators will use the data to create new tools and services that lower electricity bills and cut pollution.”

• Christie Hicks, Manager, Clean Energy Regulatory Implementation

“As a consumer watchdog, CUB is focused on developing smart grid policies that ultimately help people cut their electric bills, and the Open Data Access Framework is a big step toward that goal. Energy-usage data is key to maximizing consumer benefits from smart meters, and with these guidelines Illinois is a national leader in jumpstarting clean energy businesses and sparking innovative tools that help electric customers save money. We thank the ICC, EDF and ComEd for working together over the last three years to establish sound data-sharing guidelines that will encourage innovation while protecting a customer’s privacy.”

• David Kolata, Executive Director, Citizens Utility Board  

(Bell Gardens – July 26, 2017) Environmental Defense Fund commends Governor Jerry Brown and Legislators for their leadership on AB 617 to address air pollution and protect public health in California’s most vulnerable communities. AB 617, the companion to the cap-and-trade program extension signed into law on Tuesday, strengthens air quality monitoring and planning efforts in the neighborhoods most impacted by air pollution. It also modernizes air quality violation penalties that have not been updated for 35 years. Additionally, this bill includes an accelerated timeline for retrofits on industrial facilities that participate in the cap-and-trade program.

“With this new law, California is demonstrating it can address climate change and take critical steps to protect communities that face the heavy burden of poor air quality. This legislation recognizes that there is much more companies can do using available technology – and requires them to upgrade facilities to make our air cleaner and improve public health.

“A pioneer in fighting climate change, California has climate policies that serve as a model for the world. Addressing local air pollution is a key part of a successful climate program. By making climate, public health, and the economy top priorities for California, Governor Brown and our legislative leaders are setting an example for other states, provinces, and countries to follow.”

• Quentin Foster, Director for California Climate, Environmental Defense Fund 

(New York, NY – July 25, 2017) A federal court says that New York’s plan to advance clean energy and reduce climate pollution is constitutional.

The U.S. District Court for the Southern District of New York today dismissed a challenge to the state’s Clean Energy Standard, including its zero-emissions credit (ZEC) program, 

Judge Valerie Caproni ruled in the case, Coalition for Competitive Electricity v. Zibelman, holding:

“The ZEC program is plainly related to a matter of legitimate state concern: the production of clean energy and the reduction of carbon emissions from the production of other energy.” (Decision, page 31-32) 

“Today’s court decision is a victory for communities and families across New York that will have greater climate security, healthier air and cleaner energy,” said Environmental Defense Fund Senior Attorney Michael Panfil. “The court strongly affirmed the state’s authority to protect New Yorkers from climate pollution – an outcome that could not be more critical at a time when the U.S. government is failing to protect human health and the environment from the dangers of climate change.”

Environmental Defense Fund filed an amicus, or “friend of the court,” brief in support of the state of New York. 

New York’s landmark Clean Energy Standard charts a course for the state to achieve a 40 percent reduction in statewide greenhouse gases by 2030, and for 50 percent of New York’s electricity to come from renewable energy sources by 2030. 

The ZEC program is a component of the state’s Clean Energy Standard. It will ensure that dangerous climate pollution is properly accounted for in New York’s electricity generation portfolio. 

“New York’s commitment to clean, zero-emitting energy will have profound health and safety benefits for millions of New Yorkers,” said Rory Christian, Environmental Defense Fund’s Director of New York Clean Energy. “With today’s court decision, New York can continue to be a national leader in the effort to protect the world from the dangers of climate change.”

In October, a group of electricity generation companies challenged the ZEC program in court, claiming it was unconstitutional because it improperly usurped the power of the federal government. 

Today, the court struck down that argument, holding:

“The [Federal Power Act] is a paragon of cooperative federalism; it divides responsibility for the regulation of energy between state and federal regulators … statutes such as the [Federal Power Act], where ‘coordinate state and federal efforts exist within a complementary administrative framework, and in the pursuit of common purposes, the case for federal pre-emption becomes a less persuasive one.’”  (Decision, page 15) 

This is the third court win in a row for state clean energy plans. In similar cases, the U.S. Court of Appeals for the Second Circuit decided in favor of Connecticut’s renewable energy policy in June, and a U.S. District Court ruled in favor of Illinois’ clean energy plan earlier this month.

(San Francisco – July 25, 2017) Today Environmental Defense Fund applauds Governor Jerry Brown for signing and the California Legislature for passing AB 398, which extends California’s landmark cap-and-trade program. California’s cap-and-trade program is an essential part of the state’s climate policy strategy that puts a firm and declining cap on carbon pollution by issuing a limited number of carbon “allowances” and requires large polluters to turn in one of those allowance for every ton of greenhouse gas they emit.

Governor Brown signed the bill into law before an enthusiastic crowd, today, at a ceremony on Treasure Island in San Francisco. EDF’s Timothy O’Connor attended today’s signing ceremony and released this statement:

“With today’s signing, California has secured one of the most powerful tools in the climate action toolbox to protect the next generation of Californians. Cap and trade will ensure California meets its ambitious climate commitments and maintains the economic prosperity that California has enjoyed since initially launching the program in 2013. California is now ahead of schedule in meeting its 2020 target, which had seemed ambitious when it was set in 2006. Extending California’s cap-and-trade program means California can maintain this recipe for success, which includes a flexible and cost-effective way for the state to achieve its new more ambitious 2030 climate target.

“Governor Brown and our legislative leaders are charting a path that other states, provinces, and countries are noticing. The future of U.S. climate action will rely on the leadership and engagement of states, cities and businesses, and California is leading the way.”

• Timothy O’Connor, Director, California Legislative and Regulatory Affairs

(Washington, D.C. – July 20, 2017) The state of Maryland announced today that it will sue the U.S. Environmental Protection Agency (EPA) over dangerous air pollution that is blowing across its borders and putting the health of millions of Marylanders at risk.

For decades, the Clean Air Act’s “good neighbor” protections have been in place  to protect states like Maryland from upwind air pollution originating from out of state. Today, the head of Maryland’s Department of the Environment sent a letter to EPA Administrator Scott Pruitt, notifying him of Maryland’s intent to take legal action for Pruitt’s failure to address cross-state smokestack pollution. Thirty-six coal-fired units in five upwind states are failing to fully operate their modern pollution controls, and that is contributing to unhealthy smog pollution in Maryland and imperiling the health of all who live downwind. 

“EPA Administrator Scott Pruitt is imperiling lives by failing to grant Maryland’s request to clean up dangerous cross state smokestack pollution,” said Vickie Patton, General Counsel for Environmental Defense Fund. “Administrator Pruitt is derelict in his duty to protect Marylanders, and all Americans, from smog-forming smokestack pollution. We stand with Maryland in opposing Scott Pruitt’s lawlessness and we plan to take action to ensure he carries out his bedrock responsibilities under our nation’s clean air laws.”

Maryland has petitioned the EPA under the Clean Air Act’s “good neighbor” safeguards for help reducing air pollution that is blowing across its borders from neighboring states – from power plants that have modern pollution controls, but are not running them. 

Last year, 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 power plant units in Indiana, Kentucky, Ohio, Pennsylvania, and West Virginia is violating those Good Neighbor protections because their smokestack pollution is contributing to unhealthy levels of ground-level ozone (commonly known as smog) in Maryland.

About 70 percent of Maryland’s ground-level ozone problem originates from emissions in upwind states. That pollution puts millions of people at risk, especially children and those with heart and lung diseases. 

Every one of the power plant units identified in the petition has modern pollution controls installed that the owners are not fully operating. The petition asks 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 extends from May 1 through September 30.

EPA has not responded to Maryland’s petition, although it is legally required to do so. So today, Maryland sent the letter providing formal legal notice of its intent to sue EPA Administrator Scott Pruitt. 

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. Several of the listed power plants are also the subject of two separate Good Neighbor petitions from Delaware.

(July 20, 2017) This morning, North Carolina Governor Roy Cooper announced his administration’s commitment to oppose offshore oil and natural gas drilling in the Atlantic waters adjacent to the North Carolina coast.

“EDF applauds Governor Cooper for his commitment to preserving North Carolina’s coast and iconic Outer Banks for future generations,” said David Kelly, Manager of North Carolina Political Affairs for Environmental Defense Fund. “The livelihoods, values, and regional traditions of our state’s coastal communities are intimately linked to the health of the coastal environment and its abundant natural resources.”

Governor Cooper’s remarks today highlighted his deep concerns about the risks offshore oil and gas drilling pose to the coastal environment and natural resources that sustain North Carolina’s substantial but fragile coastal fishing and tourism economy.

“The Atlantic waters along North Carolina’s coast and the complex estuarine systems of the Outer Banks support globally important marine life and biodiversity, and should be protected from the risks associated with offshore oil and gas drilling and the intensive industrialization of the coast that comes with it,” said Kelly. “With his announcement today, Governor Cooper renews our state’s enduring commitment to the preservation of the beaches, wetlands, estuaries, fish habitats, marine mammals and other aquatic species that support our state’s small businesses and robust coastal fishing and tourism economy.”

The Governor was joined at today’s event by business leaders and local officials representing communities all along the North Carolina coast.

His announcement comes at a time when federal budget cuts could increase risks from offshore oil and gas drilling.

In the wake of the BP oil spill disaster in the Gulf of Mexico, the Bureau of Safety and Environmental Enforcement (BSEE) was established in the U.S. Department of the Interior and given primary responsibility for ensuring safety and environmental protection in offshore energy development. However, President Trump’s proposed budget for fiscal year 2018 for BSEE includes a nearly 45 percent reduction in funding for environmental enforcement from this year’s levels.

“Given the significant funding cuts for federal safety and environmental enforcement programs proposed in the President’s budget, coastal governors, local leaders and residents should all be skeptical that safety and environmental enforcement remain a priority for the Administration,” said Kelly.

(NEW ORLEANS – July 20, 2017) Later today, the U.S. Army Corps of Engineers (Corps) will hold its first public scoping meeting to inform development of the Environmental Impact Statement (EIS) for the Mid-Barataria Sediment Diversion, with additional meetings to be held through July 27. During the scoping process, as required under the National Environmental Policy Act (NEPA), stakeholders will have an opportunity to provide feedback to the Corps on the project and raise any issues they would like to see addressed in the EIS.

The Mid-Barataria Sediment Diversion, which has been studied for decades, is a Louisiana Coastal Master Plan project and would be the first sediment diversion constructed to reconnect the Mississippi River with nearby wetlands to build and maintain tens of thousands of acres of land over time.

National and local conservation organizations committed to coastal Louisiana restoration – Environmental Defense Fund, the National Wildlife Federation, National Audubon Society, Coalition to Restore Coastal Louisiana, and Lake Pontchartrain Basin Foundation – issued the following statement in response:

“The Mid-Barataria Sediment Diversion has been studied for more than 30 years – now is the time to get it constructed. While our organizations look forward to providing detailed input during scoping to inform a strong, science-based EIS, our take-home message is simple: the Barataria Basin stands to lose an additional 550 square miles of land in the next 50 years unless we act now. That is a future that our communities, wildlife and industries simply cannot afford.

“Unless we put our rivers and their sediment back to work quickly to build and maintain land, our region will only become more vulnerable to the worsening forces of sea level rise, land loss and storms. We ask the Corps and other agencies involved in the permitting process to act with the speed required to match the urgency of our land loss crisis. This means getting a scoping report completed and released quickly, and identifying additional opportunities to get the Mid-Barataria Sediment Diversion permitted and under construction sooner.” 

(San Francisco, CA – July 19, 2017) Following Governor Brown’s appointment of Grant Davis as director of California’s Department of Water Resources, Maurice Hall, Associate Vice President of Water Programs at EDF, had the following statement.

“Grant Davis has shown great leadership and innovation as general manager of the Sonoma County Water Agency (SCWA), and EDF is excited to see him bring these skills to his new role heading the state’s Department of Water Resources. Under his leadership, SCWA has proactively embraced the balance of providing reliable water supplies and ecosystem health. Even further, SCWA has been at the very forefront of modernizing water management to incorporate advanced forecasting methods and fully consider climate change. This is the kind of leadership we need at the state level to ensure we have sustainable water supplies for both local economies and ecosystems.

“Smart water management is one of California’s highest priorities. It’s encouraging to see that we have the right person leading the state’s management of one of our most precious natural resources.”

• Maurice Hall, Associate Vice President of Water, Environmental Defense Fund

NEWS RELEASE

Following the nomination of Michael Dourson to head the toxics office at EPA, lead senior scientist at EDF, Richard Denison, had the following statement.

“We are deeply concerned over the nomination of Michael Dourson to head the toxics office at EPA. Unfortunately, this nomination fits the clear pattern of the Trump Administration in appointing individuals to positions for which they have significant conflicts of interest.  Dr. Dourson has extensive, longstanding ties to the chemical industry (as well as earlier ties to the tobacco industry).  He also has a history of failing to appropriately address his conflicts of interest.  For example:

• After the 2014 chemical spill in Charleston, West Virginia, the state hired Dourson’s company, Toxicology Excellence in Risk Assessment (TERA), to convene and manage a health effects expert panel. TERA then appointed Dourson to chair the panel and act as its only spokesperson.  The panel’s report failed to disclose that Dourson and TERA had done paid work for both of the companies that produced the chemicals involved in the spill.  These conflicts only came to light upon questioning of Dourson by a reporter at the panel’s news conference.
  
  
• Dourson and TERA have done extensive work on behalf of the so-called Perchlorate Study Group (PSG), which is actually comprised of producers and users of perchlorate.  The work was aimed at reducing the stringency of federal standards.  Dourson, who is on EPA’s Science Advisory Board (SAB), was asked to recuse himself from the Board’s 2013 meeting to review EPA’s work to develop a drinking water standard for perchlorate.  Immediately upon doing so, Dourson provided “public” comments to the Board based on the work he had done for PSG.
  
  
• In 2012, Dourson and TERA, with funding from the American Chemistry Council (ACC), set up and ran a website called “Kids + Chemical Safety.” (This website is now inactive and TERA itself has been migrated to be a center at the University of Cincinnati.)  The site was designed to look like a neutral source of advice for parents concerned about chemical safety, but instead mirrored industry talking points about its chemicals and sought to shift responsibility for ensuring safety to the consumer or parent and away from the industry.

“Dourson also has a history of undertaking work, often with significant funding from industry, to undermine public health protections and the science underlying them.  For example:

• Dourson set up the Alliance for Risk Assessment, and leads its “Beyond Science and Decisions” project.  Heavily funded by industry (see here and here), the project is aimed at undermining the seminal 2009 National Academy of Sciences report “Science and Decisions:  Advancing Risk Assessment.
  
  
• Dourson and TERA have worked extensively for the Texas Department of Environmental Quality (TDEQ) to undermine EPA air pollution regulations. 

“Dr. Dourson’s nomination comes at a critical time for the EPA toxics office, which is charged with implementing last year’s Lautenberg Act, which overhauled the ineffectual Toxic Substances Control Act (TSCA) and passed with broad bipartisan support.  That legislation was able to advance even in a highly partisan Congress because all stakeholders saw reform as needed to restore public and market confidence in our broken chemical safety system.  The law struck a delicate balance between public and private interests. 

“Already, however, that balance has been upset when EPA recently finalized “framework rules” implementing the new law that skewed heavily in the chemical industry’s favor.  If his track record is any indication, Dr. Dourson’s nomination threatens to move us further away from health-protective implementation of the new TSCA.”