Complete list of press releases

The California Legislature passed two bills tonight (AB 398 and AB 617) with solid bipartisan support that will extend the state’s landmark cap-and-trade program and give it even stronger tools to improve local air quality in the communities most burdened by pollution. 

“Today California’s elected leaders affirmed the state’s place at the forefront of global efforts to fight climate change and protect public health. This vote ensures that another generation of Californians will enjoy a world-leading cap-and-trade program that places a firm and declining limit on carbon pollution and holds polluters accountable. At the same time, it provides the flexibility and cost-effectiveness necessary to achieve one of the most ambitious climate targets in the world. And it ensures that California’s economy will continue to reap the rewards of being on the cutting edge of the clean energy revolution, with all the investment and jobs that brings.

“Being a global leader also means addressing environmental threats that hit closest to home. The new air quality law will deliver cleaner air to California’s most burdened communities at a time when the Trump administration is trying to delay and dismantle federal protections for air quality.

“California is once again showing Washington, D.C. and the rest of the world, that fighting climate and air pollution is the right thing for our health, economy, and future.” 

• Fred Krupp, President of Environmental Defense Fund

(Austin, Texas - July 17, 2017) Today, Environmental Defense Fund and other conservation groups filed a lawsuit in the United States District Court for the District of Columbia against a U.S. Department of Commerce decision that jeopardizes the ongoing recovery of Gulf red snapper by increasing the federal private angler fishing season thirteen-fold.

The Commerce Department decision puts red snapper recovery at risk, jeopardizing fishing businesses and recreational fishing for the species. It also violates several provisions of federal law. No scientific analysis accompanied the decision, but publicly available data and conservative assumptions show the extended season will result in private anglers catching three times their science-based limit. The lawsuit does not seek to change the length of the 2017 season, but instead seeks to prohibit the Department of Commerce from taking future similar actions that continue to jeopardize the species.

The following is a statement from Robert Jones, Director of Environmental Defense Fund’s Gulf of Mexico Oceans Program:

“The way we manage recreational red snapper fishing stinks, and saltwater anglers like me are demanding change.

“The recovery of the species is an incredible opportunity. I was recently offshore from Galveston and the water is teeming with red snapper. But instead of anglers and recreational fishing businesses reaping the benefits, we are stuck in a downward spiral of failure. This lawsuit is about catalyzing change.

“Year-round state-water seasons combined with miniscule federal seasons suffocate our access to the best offshore fishing grounds. And I sure as heck don’t want to return to the days when my dad and I could barely find a red snapper due to decades of overfishing. What we demand is innovative, solutions-oriented reform that harnesses new approaches like Louisiana’s LA Creel program, gives us flexible access, and ensures that future generations of Americans can enjoy the thrill of catching red snapper.”

(Chicago, Illinois – July 14, 2017) In a victory for clean energy and jobs in Illinois, the U.S. District Court for the Northern District of Illinois decided in favor of the state’s Future Energy Jobs Act and zero-emissions credit program today.

Judge Manish Shah dismissed complaints against the state in Electric Power Supply Association v. Star, rejecting claims that the Future Energy Jobs Act was unconstitutional and preempted under the Federal Power Act. 

Today’s ruling affirms states’ rights to ensure climate security, clean energy and prosperity. Judge Shah quotes the Supreme Court’s finding in the landmark 2016 decision in Electric Power Supply Association v. FERC in his opinion:

“‘FERC cannot take action that transgresses states’ authority over generation.’” (Opinion, page 27)   

“The District Court’s decision today supports Illinois’s efforts to reduce climate pollution, expand clean energy and create jobs. It will have profound benefits for the health, safety and prosperity of families in Illinois,” said Environmental Defense Fund Senior Attorney Michael Panfil. “It is vital that we secure states’ fundamental authority to craft clean energy policies in response to critical threats to human health and the environment.”

Environmental Defense Fund together with Elevate Energy, Citizens Utility Board and the Respiratory Health Alliance filed an amicus, or “friend of the court,” brief in support of the state of Illinois. 

Today’s decision upholds Illinois’s Future Energy Jobs Act program, which provides for widespread use of clean energy through programs designed to benefit all communities across Illinois, as well as a Zero Emissions Credit program.

This landmark law charts a transformative path to clean energy and prosperity for Illinois. Environmental Defense Fund estimates the law will spur $12 billion to $15 billion in new private investment in clean energy, and will reduce harmful carbon dioxide pollution by more than 33 million metric tons annually in 2030, helping Illinois to slash carbon pollution from the power sector by more than 50 percent from 2012 levels. According to leading consumer watchdogs, the law provides energy efficiency initiatives that will lower customers’ electric bills. 

Opponents of Illinois’s program had argued that federal law should be applied in an unprecedented and unwieldy way that would have severely inhibited the state’s clean energy goals.

“Today’s court victory is a victory for all Illinois families and communities who will have healthier air, climate security and jobs under the landmark Illinois Future Energy Jobs Act,” said Dick Munson, EDF’s Director of Midwest Clean Energy Programs.

(Phoenix, AZ – July 14, 2017) Conservation groups today praised a collaborative agreement that will protect Lake Mead and shore up Colorado River water supplies during an era of projected shortages.

The U.S. Bureau of Reclamation, Gila River Indian Community (GRIC), State Of Arizona, City of Phoenix and Walton Family Foundation (WFF) agreed to conserve a major portion of the GRIC’s Central Arizona Project (CAP) water entitlement to reduce the risk of Lake Mead falling to critically low reservoir levels. Under the agreement, the parties will share the cost of compensating GRIC to voluntarily leave 40,000 acre-feet of their Colorado River water supplies in Lake Mead during 2017. While the City of Phoenix and other parties approved the agreement in June, GRIC made the deal official with their announcement today.

“Solutions to Arizona’s water issues will take cooperation, collaboration and creativity,” said Bart Miller, Healthy Rivers Program Director for Western Resource Advocates. “This agreement is a great example of that, signaling new levels of coordination between uncommon partners to protect Lake Mead.”

“Collaborations such as this are essential to maintaining secure water supplies for both human and wildlife habitat needs, and will be increasingly important to the health of Colorado River Basin communities and ecosystems,” added Sonia Perillo, vice president and executive director of Audubon Arizona.

GRIC has been involved in a number of water conservation agreements in 2017 including an innovative partnership with the State of Arizona, City of Phoenix and WFF announced in March. Importantly, the addition of the U.S. Bureau of Reclamation to the partnership adds needed funding for water conservation measures and signals new levels of collaboration between federal, state, local, tribal and philanthropic entities.

“At a time when Arizona and its Colorado River neighbors are working hard to find solutions to drought and dropping reservoir levels at Lake Mead, it is highly valuable to have the support of the U.S. Bureau of Reclamation for this important water conservation agreement,” said Jeff Odefey, Director of the Clean Water Supply Program for American Rivers.

The agreement also establishes the foundation for the Arizona Department of Water Resources (ADWR) to complete and successfully implement an Arizona “DCP Plus” Plan, as part of Lower Basin drought contingency planning, to voluntary acquire quantities of water from water users to be retained in Lake Mead.

“The agreement is another major success in the efforts led by ADWR to conserve water in ways that help to secure Arizona’s Colorado River water supplies for the state’s 6 million+ residents,” said Kevin Moran, Senior Director for the Environmental Defense Fund’s Water Program. “This shows the willingness of diverse water stakeholders to come together in order to help solve Arizona’s pressing water issues, starting with the health of the Colorado River system.” 

(Washington, D.C. – July 13, 2017) Today, the U.S. Court of Appeals for the D.C. Circuit rejected EPA Administrator Scott Pruitt’s request for a 52-day or longer extension to comply with its opinion from earlier this month. That July 3^rd opinion that held Administrator Pruitt’s suspension of pollution limits for the oil and gas industry was “unlawful,” “arbitrary,” and “capricious.”

Today’s order leaves in place the court’s opinion vacating Administrator Pruitt’s unlawful suspension of those clean air protections. The order provides for a limited 14-day period before the court’s ruling will take effect.  

In its order, the court emphasizes the limited nature of this 14-day extension for its ruling to take effect:

“To stay issuance of the mandate for longer would hand the agency, in all practical effect, the very delay in implementation this panel determined to be ‘arbitrary, capricious, [and] … in excess of [EPA’s] statutory … authority.’” 

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.  

“The court reaffirmed the importance of ensuring that its decision vacating Administrator Pruitt’s unlawful suspension of these clean air protections limiting oil and gas pollution swiftly take effect,” said EDF Lead Attorney Peter Zalzal. “These critical protections will deliver much needed pollution reductions to American communities and families. Today’s order emphasizes the core finding of the July 3^rd opinion that EPA’s delay was unlawful, and recognizes the urgency of implementing these clean air safeguards.”

On July 3^rd, the D.C. Circuit held that Administrator Pruitt violated the law by imposing a 90-day stay on vital standards that keep pollution from the oil and gas industry out of the air we breathe. At the same time, the court also issued a mandate that put its opinion into effect immediately, ensuring that the clean air standards deliver pollution reductions as long planned. 

Last week, Administrator Pruitt filed a motion to recall the mandate – seeking at least an additional 52 days to comply with the court’s decision. EDF and its allies filed a forceful response opposing that motion. A coalition of 15 states and cities also filed a response opposing Administrator Pruitt’s request. 

Today, the court recalled the mandate for a limited, 14-day period to allow EPA to evaluate whether it wants to seek further judicial review of the court’s decision. Under the terms of today’s order, the mandate will now issue on July 27^th, making the court’s ruling effective on that day.

In a separate action, Administrator Pruitt is also proposing to suspend these same protections for two years. At a public hearing about that proposal on July 10^th, American from across the nation voiced their strong support for these clean air protections. 

EPA is now accepting public comment on that proposal. All Americans can send comments to EPA through August 9^th.

WASHINGTON, D.C.— Today, health, environmental and community groups sued the U.S. Environmental Protection Agency to stop the agency’s delay in implementation of the 2015 smog standard. The groups asked the U.S. Court of Appeals for the District of Columbia Circuit to quickly throw out or block EPA’s illegal delay. The standard is a key life-saving health protection for millions of people in the United States.

The EPA estimates that, when communities meet the standard, it will save hundreds of lives, prevent 230,000 asthma attacks in children, and prevent 160,000 missed school days for kids each year. In June, the EPA announced it was delaying identifying the areas that must clean up their air because they violate the 2015 smog standard. This means polluters will escape the effective pollution controls the Clean Air Act requires.  

“EPA’s delay flouts the rule of law,” said Seth Johnson, an Earthjustice attorney who represents a coalition of public health and environmental groups challenging EPA’s delay of the smog standard. “It’s illegal and wrong. It forces the most vulnerable people, like children, people with asthma and the elderly, to continue to suffer from dangerous ozone pollution. The EPA is wrong to put its polluter friends’ profits before people’s health.”

“Health professionals see more patients with asthma attacks and heart attacks on bad air days – and both of these are potentially lethal. Ground-level ozone is the most prevalent air pollutant in the U.S., affecting tens of millions of people. It’s a dangerous health hazard, able to cause permanent lung damage, exacerbate chronic lung and heart diseases, and affect fetal development. It poses a particular threat to asthmatics, children, and the elderly,” said Barbara Gottlieb, Director for Environment & Health, Physicians for Social Responsibility. “EPA needs to move forward quickly with these overdue protections.” 

“EPA Administrator Scott Pruitt says he cares about healthy communities. But this delay leaves us questioning: which communities do you care about Administrator? Black and Puerto Rican children suffer from asthma, asthma attacks, and hospitalizations at a higher rate than white children. Black Americans are three times more likely to die from asthma, and more black women have died from asthma than any other group. Every time this Administration delays another lifesaving protection, it becomes very clear whose lives matter to them,” said Dr. Adrienne Hollis, Federal Policy Director at WE ACT for Environmental Justice.

“The actions of Administrator Pruitt threaten our national parks and the millions of people who visit them each year,” said Stephanie Kodish, director of National Parks Conservation Association’s Clean Air Program. “When visitors come to national parks, they expect to breathe fresh, clean air but places like Joshua Tree and Yosemite suffer from significant ozone pollution. Needlessly postponing the reduction of that pollution for another year only threatens human health, park plants and wildlife, and the multi-billion dollar tourism and recreation economy these places support.” 

”This illegal action would expose Americans to dangerous amounts of smog,” said John Walke, Clean Air Director at NRDC. “EPA claims it needs more time, but this move is a dangerous step backward when it comes to cleaning up smog in communities. Just like EPA’s recent attempt to block methane emission reductions from oil and gas operations, this unwarranted delay will meet the same fate and be overruled by the courts.”

“It is critical that EPA implement the ozone standard as required by our nation’s clean air laws. Moving forward with these protections will deliver life-saving pollution reductions and provide families and communities with clear information about the safety of the air they breathe,” said Lead Attorney Peter Zalzal at Environmental Defense Fund. 

Ozone, the main component of smog, is a corrosive greenhouse gas that causes asthma attacks and can kill people. Children, asthmatics, and the elderly are especially vulnerable, but smog harms even healthy adults.

In April, the EPA sought time to review the 2015 smog standard, and obtained a delay in the ongoing litigation in the U.S. Court of Appeals for the District of Columbia Circuit. Public health and environmental organizations warned at the time that the EPA was likely to seek to delay and weaken the standard. 

The EPA’s delay of the ozone standard follows on its delay of several other important public health and environmental protections, including the chemical disaster rule and protections against methane emissions from oil and gas operations. It can also cause serious harm to plant and wildlife, even on protected lands like wilderness areas and national parks.

Earthjustice is representing American Lung Association, American Public Health Association, American Thoracic Society, National Parks Conservation Association, Natural Resources Defense Council, Physicians for Social Responsibility, Sierra Club, and West Harlem Environmental Action. 

In addition our partners on the suit include Clean Air Task Force (representing Clean Air Council and the Ohio Environmental Council), Environmental Law and Policy Center, and Environmental Defense Fund.

(NEW ORLEANS – June 12, 2017) Today, the U.S. Geological Survey (USGS) released updated maps depicting net land loss and land gain in Louisiana since 1932. These maps show that the rate of land loss has slowed in recent years, largely due to decreased hurricane activity and the advancement of coastal restoration projects, such as the Lake Hermitage and Bayou Dupont wetland construction programs. While the previous USGS assessment showed Louisiana was losing an average of one football field of land every hour, the new maps show that, from 2010-2016, the state now is losing an average of one football field every 100 minutes. Since 1932, Louisiana has lost more than 2,000 square miles of land – nearly the size of the state of Delaware.

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 state has made great progress in starting to restore Louisiana’s coastal areas, and thankfully our region has seen decreased hurricane activity in recent years, which has resulted in a decreased land loss rate. But sea level rise and future hurricane activity will only intensify and likely lead to increases in these rates into the future. While we celebrate the small victories, we cannot become complacent in our efforts to put more land on the map quickly.

“At the end of the day, even with a slower rate of land loss, Louisiana is still losing land more quickly than anywhere else in the U.S., and we cannot replace all the land that has already been lost. Our coastline is still encountering enormous challenges, including increased sea level rise, subsidence, saltwater intrusion and a 2017 hurricane season that’s predicted to be more active than average – all of which have dire consequences for coastal wetlands over time.

“The time to act is now. Our state will only be spared the worst-case scenario if we act quickly to advance large-scale restoration projects contained in the recently approved 2017 Coastal Master Plan, including critical sediment diversion projects.” 

(Denver, CO – July 11, 2017) In a bipartisan announcement at the iconic Red Rocks of the Rocky Mountain foothills, Colorado Governor John Hickenlooper today issued an executive order committing the state to achieve rigorous, economy-wide reductions in dangerous climate pollution – charting a path to cleaner air and economic prosperity through clean energy.

Securing reductions in climate pollution through the increased use of clean, renewable energy to power homes, businesses and transportation will reduce the air pollution that puts Colorado children and communities at risk, will unlock economic opportunities and will ensure the state is doing its part to address the threat of climate change.

“Working in partnership with bipartisan mayors and stakeholders, Governor Hickenlooper has charted a path to cleaner energy and less air pollution that will protect the health of Colorado’s families and strengthen our economy,” said Dan Grossman, EDF’s Rocky Mountain Regional Director. “Expanding clean energy will bring enormous economic opportunity to our state. And by translating the pollution reduction goals into concrete actions, Colorado will help lead the country in the fight to stop the threat of climate change – a commitment to cleaner air and a pioneering spirit are the Colorado way.”

Governor Hickenlooper also announced today that Colorado will join the Climate Alliance — a bi-partisan coalition of governors committed to meeting the goals of the Paris Climate Accord. As part of the Paris Accord, the U.S. had committed to securing reductions of 26 to 28 percent below 2005 levels by 2025. The Governor’s action to join in this bipartisan initiative recognizes that we cannot solve the climate crisis working alone.

The executive order commits Colorado to achieving economy-wide greenhouse gas reductions of 26 percent below 2005 levels by 2025 – an amount consistent with the goals of the Paris Accord.

The executive order also includes concrete pollution reduction targets for 2025 and 2030 from the electric power sector of 25 percent and 35 percent over 2012 pollution levels.

“Today’s announcement puts Colorado on the growing list of states in all parts of the nation that are stepping up to fill the leadership vacuum left by President Trump’s decision to pull the U.S. out of the Paris Climate Accord,” said Pam Kiely, EDF’s Senior Director of Regulatory Strategy. “We look forward to working with the Governor, state policy makers and stakeholders across Colorado to achieve these vital pollution reductions.”

Governor Hickenlooper announced a series of actions today, directed the Department of Natural Resources to incorporate Colorado’s important climate pollution reduction goals into the Colorado Climate Plan, and will seek public input on additional strategies to achieve these goals.

(Washington, D.C. – July 11, 2017) Environmental Defense Fund (EDF) and other health and environmental groups filed a response with the U.S.  Court of Appeals for the D.C. Circuit today opposing EPA Administrator Scott Pruitt’s latest attempt to undermine public health protections from oil and gas pollution.

On July 3^rd, in an important victory for clean air and public health, the D.C. Circuit blocked Administrator Pruitt from suspending standards that keep pollution from the oil and gas industry out of the air we breathe. 

At the same time, the court also issued a mandate that ensures the clean air standards deliver pollution reductions as long planned. On Friday, in an extraordinarily unusual step, Administrator Pruitt filed a motion to recall the mandate.

Today EDF and its allies filed a forceful response opposing that motion. A coalition of 15 states and cities has also filed a response opposing Administrator Pruitt’s request.

“The court ruled that Administrator Pruitt’s unilateral attempt to suspend these vital clean air standards was ‘unreasonable,’ ‘unlawful,’ ‘arbitrary and capricious.’ Now, after his argument to the court failed, Administrator Pruitt wants to achieve the goals of his unlawful stay by delaying the mandate instead. It’s a maneuver that would defy the spirit of the court’s decision, and would put the health of American families at risk,” said EDF Lead Attorney Peter Zalzal.

The court has ordered Administrator Pruitt to reply by tomorrow.

Meanwhile, yesterday Americans from across the country attended a public hearing to voice their strong objections to Administrator Pruitt’s proposal to suspend these same protections for two years. (All Americans can send comments to EPA through August 9^th)

(SACRAMENTO – July 10, 2017)  The California Legislature is considering an important set of bills that would extend an integral part of California’s climate policy, the cap-and-trade program, beyond 2020 and implement important measures that will ensure California makes greater progress to clean up the state’s air. Amendments to AB 398 (E. Garcia) and AB 617 (C. Garcia) were published online this evening. They demonstrate that legislative leadership and the authors are working productively with Governor Brown’s Administration and stakeholders to develop an effective compromise that can get a 2/3 vote, which is essential to provide the strongest legal foundation for a future cap-and-trade program.

“Getting to a 2/3 vote is never easy and this legislation is the product of a concerted effort by multiple partners to find common ground. EDF has contributed to this process and we strongly support AB 398 and AB 617. This package ensures the signature feature of the cap-and-trade program remains in place: a cap that places a firm limit on carbon pollution and holds the state accountable for achieving the climate targets set in law.

“EDF urges legislators to act quickly to vote for this important package. Passing these bills demonstrates that our state is committed to achieving a stable climate, improving local air quality, and cementing California’s place as a global leader. Reducing climate pollution will benefit all Californians, especially the most vulnerable. Ten years of climate action in California has shown that we can create environmental, economic, and public health benefits at the same time. It’s time for California to act.” 

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

(Washington, D.C. – July 10, 2017) Environmental Defense Fund (EDF) and 16 other health, environmental and conservation groups filed a complaint with the U.S. District Court for the Northern District of California today seeking to keep standards in place that will prevent the waste of public and tribal resources by the oil and gas industry.

The complaint asks the court to block Interior Secretary Ryan Zinke’s attempt to suspend the Bureau of Land Management’s (BLM) Waste Prevention Standards indefinitely without public comment. 

“BLM’s standards reduce the waste of natural gas on public and tribal lands, protecting these resources while reducing the harmful air pollution associated with this development,” said EDF Lead Attorney Peter Zalzal. “We look forward to presenting our case for why Secretary Zinke should not be allowed to bypass bedrock legal protections and just suspend the standards.”

The case challenges BLM’s decision to indefinitely suspend compliance deadlines for certain provisions of its Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule. 

The standards limits the amount of valuable natural gas that oil and gas companies can leak, vent, or flare on millions of acres of public and tribal lands – a problem that results in harmful air pollution and costs taxpayers money. Since 2013, more than 1.6 billion dollars of natural gas has been squandered on public and tribal lands.

The Attorneys General of California and New Mexico also filed a legal challenge seeking to overturn the suspension last week. Today EDF and its partners asked the court to block Secretary Zinke from staying the rule by administrative fiat, which would benefit the worst actors in the oil and gas industry. 

Today’s complaint says:

“The stay harms … the public by reducing royalty payments and allowing waste of public natural gas resources and excessive air pollution that would otherwise be controlled under the Rule.” (Complaint, page 2) 

Attempts to delay or revoke the standards have already failed in both the courts and Congress.

Opponents of the standards asked a federal district court in Wyoming for a preliminary injunction, which would have put the standards on hold indefinitely. In January, the court denied that request. 

In May, opponents attempted to repeal the standards using the Congressional Review Act, but the vote in the Senate fell short.

In June – without providing any notice or opportunity for public comment – BLM announced that it would indefinitely stay the standards “pending judicial review.” A few days later, BLM asked the Wyoming court to delay judicial review for at least 90 days (the court granted that request). 

The BLM methane waste rule enjoys broad support. More than 80 percent of Western voters, who live and work near public lands, support this rule, and more than two-thirds of voters across the country want to keep the rule in place.

BLM’s standards are separate from the Environmental Protection Agency’s (EPA) clean air standards to reduce pollution from oil and gas facilities. EPA held a public hearing on its standards today. 

You can find more information about the issue– and all legal documents in the case – on EDF’s website.

(Washington, D.C. – July 3, 2017) In a resounding victory for clean air and public health, the U.S. Court of Appeals for the D.C. Circuit today blocked EPA Administrator Scott Pruitt from suspending standards that keep pollution from the oil and gas industry out of the air we breathe. 

“The court’s decision means that nationwide pollution limits for oil and gas will take effect now ensuring that all Americans breathe easier,” said Fred Krupp, president of Environmental Defense Fund, which filed an emergency petition with the court to block Pruitt’s damaging action. “The court’s decision is a big win for common sense, public health, climate security, and the rule of law.”

The 2 to 1 opinion held that EPA Administrator Scott Pruitt’s action was “unauthorized,”  “unreasonable” and “therefore vacate[d] the stay as ‘arbitrary, capricious, [and] in excess of statutory … authority.’” (Decision, page 11)

The court blocked EPA Administrator Scott Pruitt’s attempt to suspend vital methane and other pollution limits for oil and gas industrial activities. The standards require oil and gas companies to monitor their well sites and compressor stations at regular intervals to detect leaks of air pollutants, and to repair those leaks promptly. Reducing leaks keeps large quantities of smog-forming volatile organic compounds (VOC), cancer-causing benzene, and dangerous methane pollution from being emitted into our air.

Administrator Pruitt suspended these bedrock pollution limits for thousands of oil and gas wells for 90 days, during the peak of the summer smog season and just as they were set to begin delivering critical pollution reductions to communities across the country. The decision was made without public input, and happened after a meeting with the American Petroleum Institute at the Trump Hotel in Washington, D.C. that was disclosed only as a result of a Freedom of Information Act request.

The Trump Administration and Secretary Pruitt continue to put the interests of the oil and gas industry ahead of the interests of American families. Attempts to take away these protections benefit the worst actors in industry at the expense of the best actors, and violate the core mission of the EPA.

EDF and other health and environmental groups filed a lawsuit asking for an emergency stay to stop Administrator Pruitt from stalling the safeguards. A group of 16 states and cities joined the litigation in support of these vital clean air protections.

Today the court granted the request, saying: “For the reasons set forth in this opinion, we conclude that EPA lacked authority under the Clean Air Act to stay the rule, and we therefore grant petitioners’ motion to vacate the stay.” (Decision, page 2)

Administrator Pruitt has also proposed a two-year delay for the same standards, which would allow substantial, harmful pollution to be emitted from these same sources – he proposed this action while acknowledging that children’s health would be at risk.  EPA will hold a public hearing about that proposal on July 10.

“The court’s decision means that oil and gas facilities will have to undertake commonsense leak detection and repair measures, reducing the harmful pollution our children and families will breathe this summer,” said EDF General Counsel Vickie Patton. “Unfortunately, the threats to these common sense clean air protections are far from over, and EDF will keep fighting to make sure our nation’s bedrock clean air laws are enforced to safeguard all Americans.”

You can find more information about the issue– and all legal documents in the case – on EDF’s website.

“Late last night, North Carolina took some steps towards a more affordable, clean, and reliable energy future for our state.

“The Competitive Energy Solutions Act will create a number of new competitive market opportunities for clean energy businesses, as well as greater choice and access to clean energy for customers. The North Carolina General Assembly passed the bill last night.

“However, given the promise of the original legislation, it is disappointing that a moratorium on new wind energy projects was included in the final compromise. The moratorium sends a terrible signal to the wind energy business community, and that may cost eastern North Carolina hundreds of millions of dollars in lost investment. And the role of the U.S. Department of Defense in influencing the design and location of the Amazon-sponsored wind energy project near Elizabeth City demonstrates that existing state and federal programs designed to de-conflict wind energy projects and U.S. military operations are fulfilling their intended purpose.

“It is unfortunate that the last minute addition of a wind energy moratorium will tarnish legislation that might otherwise be regarded as a pragmatic and forward-looking evolution of state energy policy.

“The original bill was the result of almost a year of focused discussions among leading businesses, electric utilities, energy providers, and conservation advocates. It received overwhelming bipartisan support in the North Carolina House. While even that iteration of the bill had its drawbacks, it offered evidence that we can make progress when we work together  and keep the best interests of North Carolina consumers and businesses front and center. Speaker Tim Moore and Representatives John Szoka and Dean Arp deserve credit for their leadership.”

            - David Kelly, Manager of North Carolina Political Affairs, Environmental Defense Fund

(Washington, D.C. – June 30, 2017) Two branches of government each launched an effort to undermine protections against smog this week – the same week that a study in the New England Journal of Medicine presented new evidence about the danger of smog to human health.

The Environmental Protection Agency (EPA) will delay the first step in implementing its new, more health-protective standards for ground-level ozone (more commonly known as smog). That announcement was just published in the Federal Register. EPA issued more health-protective air quality standards for smog two years ago, and faces a legal deadline to determine what areas are meeting those standards this October, but Administrator Scott Pruitt announced he would delay the process by one year and postpone efforts to reduce smog-causing pollution in those communities that are currently experiencing dangerous ground-level ozone levels.   

Also this week, the House Energy and Commerce Committee passed the Ozone Standards Implementation Act (H.R. 806) – which would delay those stronger smog standards until 2025. The bill, which was sponsored by Rep. Pete Olson of Texas, would prevent EPA from improving allowed limits on the pollution that causes smog – from the current eight-hour standard of 75 parts per billion of ground-level ozone to the safer standard of 70 parts per billion established in 2015.

“The irony is hard to miss,” said Mandy Warner, Senior Manager of Climate and Air Policy for Environmental Defense Fund. “Lawmakers are rolling back some of our most critical health protections at the exact moment that we’re getting compelling new evidence that we need them. We already know that stronger smog protections will prevent 230,000 childhood asthma attacks every year, will reduce other serious lung diseases, and will prevent hundreds of premature deaths. There’s no good reason to put the health of American families at risk longer.”

The new study that was just published in the New England Journal of Medicine is from researchers at Harvard’s T.H. Chan School of Public Health, and it one of the largest and most comprehensive studies of the health effects of air pollution ever done.

The study looks at the entire Medicare population in the U.S. – almost 61 million people, more than 96 percent of all people over the age of 65 – from the years 2000 to 2012. It found that exposure to two types of air pollution, including ground-level ozone, increases the risk of death in that entire population even at levels lower than those currently set by EPA. The risk increased more for those with lower incomes.

The study found that reducing smog, even in areas below EPA’s 2015 ozone standard of 70 parts per billion, would save thousands of lives among America’s seniors:

• Reducing the annual summer average of ground-level ozone by just one part per billion would save 1,900 lives each year

• Reducing the annual summer average of ground-level ozone by five parts per billion  would save 9,537 lives each year

“A lot of the initial coverage of this study focused on the health benefits of reducing a second pollutant, fine particulate matter. But the health benefits from reducing ground-level ozone are just stunning,” said EDF Health Scientist Ananya Roy. “This is clear and convincing evidence that stronger, more protective standards will save the lives of thousands of American seniors — and that’s in addition to the known health benefits for children and other people. There is no scientifically-sound reason to allow more smog in our air. In fact, we should be making the standard more protective.”

(SACRAMENTO, California – June 28, 2017)  California’s ambitious cap-and-trade program cleared a final legal hurdle today when the California Supreme Court declined to review a lower court decision upholding the program’s design. The Supreme Court’s denial to review the Third Court of Appeals’ decision is another major victory for California’s fight against climate change, and means the lower court ruling – which upheld the design of California’s program, including one of its key features, carbon auctions – stands. This was the final legal step available to industry groups, led by the California Chamber of Commerce, challenging the program.

The Third District Court of Appeal ruled in April in favor of the California Air Resources Board, Environmental Defense Fund (EDF) and Natural Resources Defense Council (NRDC). The court said the carbon auctions are within the Board’s statutory authority, and rejected the argument from the California Chamber of Commerce that auctioning carbon allowances constitutes an unlawful tax. Cap and trade guarantees the state will reach its climate targets by placing a firm limit on emissions. By creating a market for companies to buy and sell emission allowances, the program also provides flexibility to businesses on how to comply cost-effectively.

EDF senior attorney Erica Morehouse said: “This is the final step in this case to affirm California’s innovative climate program, including its carbon auctions, which serves as a vital safeguard to ensure polluters are held accountable for their pollution. Today’s decision helps clear the way for California to continue its ambitious, globally significant climate leadership, and to do so in a way that promotes the best interest of Californians – especially those in pollution-burdened communities that will be hit hardest by climate change impacts.”

EDF was party to the consolidated cases in the Third District Court of Appeal, California Chamber of Commerce et al. v. California Air Resources Board, et al., and Morning Star Packing Co. et al. v. California Air Resources Board et al.

In the Third District Court of Appeal decision, the court stated: “The purchase of allowances is a voluntary decision driven by business judgments as to whether it is more beneficial to the company to make the purchase than to reduce emissions. Reducing emissions reduces air pollution, and no entity has a vested right to pollute.”

The April 6 decision is available at: https://www.edf.org/sites/default/files/content/decisionchambermorningstar.pdf

California’s allowance trading market and the use of auctions promote equity, provide useful information to the carbon market, and prevent windfall profits to polluters. Auctions are a key component of how California expects to meet its carbon pollution targets of reducing emissions to 1990 levels by 2020, and 40 percent below 1990 levels by 2030. California included auctions in its cap-and-trade program after considering the experience of other cap-and-trade programs and heeding the advice of experts in designing the program. Economists, environmental groups, and regulated parties – including some of California’s major utilities such as PG&E – have all voiced support for California’s landmark program.

California has committed to using the proceeds from the cap-and-trade auction – almost 5 billion to date – for investments that reduce climate pollution while also benefiting the state’s overall health and economy. A significant portion of these investments are targeted at disadvantaged communities.