Complete list of press releases

  • Governor Newsom Signs Bill Fixing Main Cause of Oil Industry “Orphan Wells”

    October 7, 2023
    Anthony Matthews, (202) 297-3830, anthony@paschalroth.com
    Elaine Labalme, (412) 996-4112, elabalme@edf.org

    SACRAMENTO, October 7, 2023 – Environmental Defense Fund today praised Governor Gavin Newsom’s signature of AB 1167, which requires companies purchasing marginally productive oil wells to file with the state a bond or financial assurance sufficient to cover well plugging and site restoration costs.

    Statement from Katelyn Roedner Sutter, California State Director at Environmental Defense Fund.

    “This critical reform sends a clear message to the oil and gas industry: You must cover the cost of cleaning up and closing down your old wells. By updating oil industry laws dating back almost a century, the bill helps protect taxpayers from orphan well cleanup costs while paving the way to a more just transition away from fossil fuels. It helps address the main cause of orphaned oil wells that produce emissions contributing to climate change, cancer clusters in nearby communities, and taxpayer exposure to billions of dollars in cleanup costs. As marginally productive wells are increasingly sold to companies without the resources to retire them, we now have an insurance policy if they go bankrupt and disappear.”

  • Governor Newsom Signs Bill to Help California’s Power Grid Keep Up with State’s Transition to Electric Vehicles

    October 7, 2023
    Anthony Matthews, (202) 297-3830, anthony@paschalroth.com
    Elaine Labalme, (412) 996-4112, elabalme@edf.org

    SACRAMENTO, October 7, 2023 – Environmental Defense Fund today praised Governor Gavin Newsom’s signature of SB 410 to help ease the state’s adoption of electric vehicles and bolster the readiness of the state’s energy grid for resulting increases in energy demand.

    “This bill will make the transition to electric vehicles more convenient for families and businesses,” said Katelyn Roedner Sutter, California State Director at Environmental Defense Fund. “Delays in connecting new electric vehicle chargers to the grid jeopardize the ease of access required to propel the transition away from fossil fuels. These new requirements on utilities to develop the infrastructure to support this change and the accompanying growth in energy demand will prove vital. The stakes could not be higher. Transportation is responsible for half of the state’s greenhouse gas emissions and this decade provides our best chance to protect Californians from the most dangerous impacts of climate change – including extreme heat, drought and wildfires, along with harmful pollution.”

    Consumers face wide-ranging timelines, even delays, to connect new electrical home appliances or upgrade electrical distribution lines to connect new electric vehicle chargers to the grid. As these installations grow, energy demand will grow – especially as the state phases in its first-in-the-nation requirement that all cars and light trucks sold in California must be zero-emission vehicles by 2035. SB 410 sets average and target time periods for grid connections and upgrades. It also directs utilities to create long-term plans to develop the electric infrastructure to support this growth in energy demand.

  • Governor Newsom's Signature Preserves Funds for State's Transition to Zero-Emission Vehicles and Vehicle Pollution Reduction

    October 7, 2023
    Anthony Matthews, (202) 297-3830, anthony@paschalroth.com
    Elaine Labalme, (412) 996-4112, elabalme@edf.org

    SACRAMENTO, October 7, 2023 – Environmental Defense Fund today celebrated Governor Gavin Newsom’s signature of AB 126, which extends to 2035 existing fees on vehicle registration, smog abatement and license plates in order to maintain funding for the state’s Clean Transportation Program, the Air Quality Improvement Program, and the Enhanced Fleet Modernization Program.

    Statement from Katelyn Roedner Sutter, California State Director at Environmental Defense Fund.

    “This action is a huge boost for climate action and clean air. The vehicles we drive are the largest source of greenhouse gas and other toxic pollutants. By enacting this bill, state investments will more effectively benefit communities most in need and enable all Californians to be part of climate solutions. With over 30 million vehicles on California’s roads today, transitioning to zero-emission vehicles remains a necessary and achievable challenge. We are making progress. Zero-emission vehicles recently reached one in four vehicles sold in California. It’s time to build on this success while accelerating the growth of zero-emission vehicle ownership and ensuring cleaner air in California’s most polluted communities.”

  • Biden Administration Unveils Guidance That Will Allow Thousands of Dollars in Instant Rebates for Electric Vehicles

    October 6, 2023
    Sharyn Stein, 202-905-5718, sstein@edf.org

    “Today’s Biden administration action means that, beginning this January, millions of people will have immediate access to thousands of dollars in rebates when buying a new or used electric vehicle. Today’s new policy is a trifecta for people all across our nation – more choices when purchasing a new or used electric vehicle, cleaner air, and thousands of dollars in rebates at the time of purchase.

    “Zero-emitting cars and trucks have already sparked a renaissance in U.S. manufacturing, with billions of dollars invested in new facilities that are creating tens of thousands of new jobs. Some models available today can save their owners more than $18,000 over the life of the vehicle in avoided fuel and maintenance costs, while slashing the climate and health-harming pollution that puts us all at risk.

    “Thanks to the Inflation Reduction Act there are already substantial tax rebates for buying an electric car or passenger truck – as much as $7,500 for a new one or $4,000 for a used one. These credits are available to low and middle-income purchasers and are designed to help incentivize production of made-in-America clean vehicles. The Treasury Department today unveiled new guidance that will allow people to get that rebate up front, as money off the car at the moment of sale, instead of waiting until they file their taxes to get the rebate. Studies show buyers, especially lower-income buyers, far prefer a point-of-sale rebate. These innovative cost savings will be available beginning in January 2024.”             

    - Peter Zalzal, Associate Vice President of Clean Air Strategies for Environmental Defense Fund

  • New Website Helps People Have a Voice in Energy Decisions That Affect Their Lives, Communities

    October 4, 2023
    Sharyn Stein, 202-905-5718, sstein@edf.org

    (Washington, D.C. – October 4, 2023) Environmental Defense Fund and Blacks in Green have launched a new website that will help people around the country get involved in decisions about energy for their communities.

    The website, Community Voices in Energy, gives people tools to participate in energy decision making so they can  protect their health, environment and money. These tools work with other planks of the partners’ Campaign To End Energy Poverty, which is designed to help make energy more affordable for all. The American standard is that light and heat cost about six percent of household income, but some low-income and frontline communities pay 20 percent or more.

    “Everyone should have a voice in creating our clean energy future and economic participation in the benefits. For that to happen, they need the ability to help shape decisions about the energy systems they rely on,” said Naomi Davis, founder and CEO of Blacks in Green and organizer of the campaign. “Our website is designed to help demystify the processes used by public utilities commissions and give people the tools they need to overcome participation hurdles.”

    The energy sector is one of the largest sources of climate pollution in the U.S., yet few people know how to get involved and influence the decisions public utility regulators make to govern gas and electric companies.

    Low-income and frontline communities often face more consequences from energy decisions than anyone else. Communities located near polluting power plants suffer from higher than average rates asthma and other lung diseases, lower property values, and worse air quality. At the same time, utilities have historically invested more in wealthier neighborhoods – so low-income communities can face more blackouts, slower repairs and less reliable service even while paying high and rising energy rates.

    Community Voices in Energy provides resources to help people learn about energy issues in their area, a toolkit to help them get involved, and training to help them provide expert testimony that brings community interests into public utility hearings.

    “A more just and equitable energy system is within reach, said Christie Hicks, EDF Senior Director for Equitable Regulatory Solutions. “When more people get involved in the process, it will change the information that regulators have – and that will change the way big decisions about energy are made. We hope this website will help utility regulators make rulings that lead to a more equitable, healthy and affordable energy future for all.”

    Explore the website here.

  • Environmental Defense Fund and Allies File Joint Comments on Environmental Protection Agency’s Methane Reporting Rule

    October 3, 2023
    Kelsey Robinson, (512) 691-3404, krobinson@edf.org

    (WASHINGTON) EDF and allies submitted public comments on the Environmental Protection Agency’s proposed regulations to update reporting of methane and other greenhouse gas emissions from the oil and gas industry. 

    With the Inflation Reduction Act, Congress directed EPA to update methane reporting protocols based on empirical data to improve accuracy. Reported methane will soon be subject to a waste emissions charge under the Methane Emissions Reduction Program. To be effective, it is critically important that the charge is based on the oil and gas industry’s real-world pollution impacts.

    In their joint comments, EDF, Clean Air Task Force, Earthworks, Natural Resource Defense Council and Sierra Club call on EPA to finalize a  rule that:

    • Requires operators to report large emission events, often called “super-emitters,” that contribute significantly to the industry’s total pollution.
       
    • Updates emissions factors (the formula used to estimate equipment emissions) so that they include the latest data on emissions from leaks, and other operational problems.  
    • Uses funding from the Methane Emissions Reduction Program for:
      •  Gathering and incorporating top-down basin-level data 
      •  Monitoring for large release events and focusing on sites that are not otherwise monitored.
         
    • Provides all reported emissions data in publicly-accessible and easy to use formats and audits and validates all reported emissions for accuracy. 
    • Requires operators to use data from regulatory leak inspections to strengthen the accuracy of their reported emissions.

    Read the official comment submission here

     

  • New Report Showcases Urgency for Action to Address Energy Affordability in Florida

    October 3, 2023
    Elaine Labalme, (412) 996-4112, elabalme@edf.org
    Dawn Shirreffs, (321) 695-1223, dshirreffs@edf.org

    ST. PETERSBURG, October 4, 2023 – Florida is at an inflection point in energy affordability and a comprehensive report released today by partner organization Southeast Energy Efficiency Alliance (SEEA) sheds light on the urgent need for action. Despite comparatively low electric utility rates and fixed fees, energy costs have been steadily rising in recent years, straining the finances of more than two million low- and moderate-income Floridians. Inefficient housing and outdated systems are pervasive, forcing residents to spend more money while experiencing discomfort and safety concerns – but opportunities exist for significant savings with energy efficiency.

    Sudden spikes in utility bills due to natural gas volatility and extreme weather events leave little room for financial flexibility and home improvements that could lead to long-term cost savings relative to Florida’s lower than average incomes. These challenges have created significant affordability issues for millions of Floridians, particularly those in rural communities which will be exacerbated by predicted increases in extreme heat unless preventative measures are taken.

    The study provides a roadmap for cost-effective measures to enhance affordability for Florida residents and opportunities for the Florida Department of Agriculture and Consumer Services’ Office of Energy to deploy $1 billion in energy savings.

    Key findings of the report include:

    • Rising Energy Costs: Reduced demand of 12.1% will avoid unnecessary and costly new generation capacity and mitigate risks from volatile natural gas markets and extreme heat.
    • Energy Efficiency Benefits: Implementing energy efficiency measures could provide a reduction of over 50% in typical monthly residential bills through heat pumps and attic insulation alone. 
    • Financing Opportunities:  A variety of programs facilitated by the State of Florida can leverage financial resources to advance energy efficiency initiatives including Low-Income Home Energy Assistance Program (LIHEAP) and Rural Energy Savings Program (RESP).

    “In the face of rising energy costs and increasing financial strain on millions of Floridians, we stand at a critical juncture in our pursuit of energy affordability,” said Dawn Shirreffs, Florida Director, Environmental Defense Fund. “As we navigate the challenges of volatile energy markets and extreme weather, let us remember that a more efficient future is not just possible, it's essential. Together, we can empower Florida residents to enjoy lower bills and a sustainable future.”

    EDF and SEEA call upon policymakers, community leaders, and stakeholders to heed the report's recommendations and take action to improve energy affordability for Floridians.

    To access the full report and its detailed findings, please click HERE.

  • U.S. Climate Vulnerability Index shows where action, resources are most urgently needed

    October 2, 2023
    Allyn West, (713) 724-1810, awest@edf.org

    HOUSTON, TX – The most comprehensive screening tool to date shows where record-breaking heat, suffocating wildfire smoke and other climate risks threaten the stability of communities throughout the U.S. – and why.

    Developed in partnership between Environmental Defense Fund and Texas A&M University, the U.S. Climate Vulnerability Index (CVI) combines 184 sets of publicly available data to rank more than 70,000 U.S. census tracts. To drive climate action and effective solutions, the CVI visualizes the cumulative impacts many communities are experiencing from decades of inequitable development and systemic disinvestment. 

    "The Biden Administration has made a historic level of funding available to build toward climate justice and equity, but the right investments need to flow to the right places for the biggest impact," says Dr. Grace Tee Lewis, Senior Health Scientist, Environmental Defense Fund. "The CVI equips and enables communities, policymakers and organizations to proactively address vulnerabilities and enhance resilience in the face of a changing climate."

    How does the CVI work? Based on the peer-reviewed journal article, Characterizing vulnerabilities to climate change across the United States, a dashboard and an interactive map of the U.S. designed by Darkhorse Analytics, the CVI allows users to search by location and view their overall climate vulnerability and the conditions that shape it – from quality of housing and access to supermarkets to proximity to toxic waste sites and number of deaths from air pollution. For example, census tracts in Houston’s Settegast community rank in the 99th percentile for overall vulnerability. The CVI shows what is driving vulnerability, including low chronic disease prevention, high exposure to harmful pollutants like soot and inadequate access to fresh, nutritious food.

    According to the CVI, these are the most vulnerable counties in the U.S. (Note: This is an updated list of counties. The first list, posted on October 2, was based on ranks weighing each of the tool’s 184 indicators equally, not hierarchically, as the original research paper and dashboard do.)

    1. St. John the Baptist, Louisiana
    2. Iberville, Louisiana
    3. Dillon, South Carolina
    4. Knox, Kentucky
    5. Tangipahoa, Louisiana 
    6. St. Landry, Louisiana
    7. Acadia, Louisiana
    8. Floyd, Kentucky
    9. Talladega, Alabama
    10. Yazoo, Mississippi

    “The launch of the CVI represents a significant leap forward in our understanding of the cumulative impacts of climate change,” says Dr. Weihsueh A. Chiu, Professor, Department of Veterinary Physiology & Pharmacology, Texas A&M School of Veterinary Medicine & Biomedical Sciences. “By offering a comprehensive framework to evaluate the multi-dimensional susceptibilities of communities to climate-related risks, this new tool provides a template for addressing local-scale climate and environmental justice globally.”

    The CVI equips and enables policymakers – and the advocates, community-based organizations, journalists and academic researchers who hold them accountable – to use data to direct action to areas of greatest need. Recent federal legislation like the Inflation Reduction Act and Bipartisan Infrastructure Law and government directives like the Justice 40 Initiative present an unprecedented opportunity to build resilience. Alongside a comprehensive list of grant funding opportunities, user-friendly tutorials and real-life examples can be found on the CVI website to show how community advocates can use data for action.

    Learn more at climatevulnerabilityindex.org.

  • Reducing Greenhouse Gas Pollution Must Include Pennsylvania’s Participation in RGGI

    September 29, 2023
    Chandler Green, 803-981-2211, chgreen@edf.org

    (Harrisburg, PA -- Sept 29, 2023) Governor Shapiro announced today the recommendations of his Regional Greenhouse Gas Initiative (RGGI) working group, including a recognition that a cap-and-invest approach like RGGI is the “optimal” approach for the Commonwealth. This is a critical and momentous outcome from a diverse group of stakeholders. Following through on this core recommendation will help Governor Shapiro put the state on the path towards meeting its climate change goals.

    “RGGI remains the best option for tackling multiple challenges facing Pennsylvania’s future – limiting harmful climate pollution, competing in the growing clean energy economy, and securing healthier communities,” said Mandy Warner, Director, Pennsylvania at the Environmental Defense Fund. “We thank the working group for their efforts and the priorities they have set to shape common-sense climate policy for the state.”

    The working group identified several areas of consensus that can be important pillars of a comprehensive climate plan for Pennsylvania, specifically as the state considers how to rapidly transition its power sector to clean. The Regional Greenhouse Gas Initiative offers a clear path forward for delivering cost-effective emission reductions, ensuring stronger uptake of federal investment dollars, and providing critical investments that can help Pennsylvania communities.  “Based on the priorities put forth from the working group, RGGI is the ideal and proven program to help successfully accomplish the state’s greenhouse gas reduction goals.”

    RGGI is a multistate program under which power companies are obliged to pay for the pollution they create and are thereby incentivized to increase zero-pollution and renewable energy sources.   The program will provide hundreds of millions of dollars annually from auctions which can fund projects that reduce air pollution and energy costs, like energy efficiency, and for the deployment of renewable energy.

    “RGGI is a critical policy to help get the state closer towards meeting its net-zero pollution goals, building a brighter future, ensuring it can be a clean, net exporter of energy, and investing in consumers with cost-saving energy efficiency and reducing dependence on volatile fossil fuels,” said Warner.

    Climate change impacts, especially flooding, are already harming Pennsylvanians, and the problem is expected to get worse over the coming decades. “It is imperative that Governor Shapiro support Pennsylvania’s participation in RGGI as a core part of a comprehensive climate plan on which the state needs to deliver to ensure it meets its climate change goals and will not be left behind in the growing clean energy economy.”

  • EDF Joins Climate Resilience Summit, Emphasizes Importance of People and Communities

    September 28, 2023
    Samantha Tausendschoen, (715) 220-9930, stausendschoen@edf.org

    (WASHINGTON, D.C.) Today, the Environmental Defense Fund (EDF) will participate in the Biden administration’s summit on Building Climate Resilient Communities. The summit will bring together local, state, Tribal and territorial leaders and practitioners to explore effective, locally tailored, community-driven climate resilience strategies. The National Climate Resilience Framework will also be released at the summit. 

    “This framework is a key step in building climate resilience across the nation. It is imperative that we continue to prioritize nature-based solutions, equity in decision-making processes and government collaboration as we work to strengthen America’s climate resilience. The Biden administration's commitment to tackling climate change is unprecedented. EDF applauds this important progress, and we look forward to working with the administration to build climate resilience for high-risk coastal and watershed communities, in drought impacted regions and across forest communities and ecosystems.” 

    - Eric Schwaab, Senior Vice President, Environmental Defense Fund

  • Appeals Court Will Not Halt Good Neighbor Plan to Reduce Interstate Air Pollution from Coal-Plant Smokestacks

    September 25, 2023
    Sharyn Stein, 202-905-5718, sstein@edf.org

    (Washington, D.C. – September 25, 2023) The U.S. Court of Appeals for the D.C. Circuit today rejected an attempt to halt the Good Neighbor Plan – a vital pollution-reduction effort by the U.S. Environmental Protection Agency that protects people in downwind states from smog that blows over their borders from power plants, including coal-plant smokestacks, and other industrial sources in neighboring states.

    “Today’s decision is a win for clean air, public health, and the rule of law. It means we can continue protecting the health of millions of people in downwind states from the dangerous smog being emitted by their neighbors,” said Noha Haggag, a clean air attorney for Environmental Defense Fund, which was a party to the case. “EPA has a long history of protecting downwind states under the good neighbor provisions of the Clean Air Act, and today’s ruling underscores the solid legal foundation of the Good Neighbor Plan.”

    The Good Neighbor Plan requires power plants, including coal plants, and other industrial sites in upwind states to decrease their nitrogen oxides (NOx) pollution, which contributes to unhealthy levels of smog in nearby states. That smog can affect communities hundreds of miles downwind, as well as people who live near the polluting facilities.

    Smog is a caustic pollutant that is linked to serious heart and lung diseases and premature deaths. It is especially dangerous for children as their lungs are still developing, but also poses an increased risk to people with asthma, the elderly, and people who are active outdoors. EPA estimates the Good Neighbor Rule will save at least one thousand lives and prevent more that one million asthma attacks each year when it is fully implemented.

    Under the Good Neighbor Plan power plants and other industrial sources that have already installed pollution controls would be required to consistently use them and other facilities would be required to install pollution controls using a phased-in approach. The Clean Air Act requires that upwind states reduce emissions that contribute to interstate pollution, and EPA has long history of protecting people in downwind states under those provisions of the law.

    Opponents filed lawsuits in several courts to overturn the Good Neighbor Rule, and they also have asked courts to issue stays – which would halt the rule from being enforced while the cases are considered.

    EDF joined a coalition of environmental and health groups to defend the Good Neighbor Rule in the D.C. Circuit. That coalition includes: Citizens for Pennsylvania’s Future, Clean Air Council, and Clean Wisconsin represented by Clean Air Task Force; and Air Alliance Houston, Appalachian Mountain Club, Center for Biological Diversity, Chesapeake Bay Foundation, Downwinders at Risk, Louisiana Environmental Action Network, Sierra Club, Southern Utah Wilderness Alliance, and Utah Physicians for a Healthy Environment, represented by Earthjustice.

    Today the D.C. Circuit denied opponents’ request for a stay, which leaves the Good Neighbor Plan in effect for the duration of the litigation in that court.

    Other stay requests and litigation are still pending in some other courts.

  • EPA Proposal Strengthens Protections from Toxic Air Pollution

    September 22, 2023
    Sharyn Stein, 202-905-5718, sstein@edf.org

    (Washington, D.C. – September 22, 2023) The U.S. Environmental Protection Agency today unveiled its proposal regarding the Trump-era rollback of the “Once In, Always In” policy – a policy which has helped curtail toxic pollution and protect Americans’ health for decades.

    “Today’s proposal is a crucial step towards undoing the damage caused by the last administration and restoring critical protections against toxic air pollution,” said EDF attorney Noha Haggag. “We urge EPA to finalize strong, protective standards that safeguard against an increase of hazardous, health-harming pollution from industrial facilities.”

    EPA’s “Once In, Always In” policy addresses major industrial sources of toxic air pollution. Under the Clean Air Act, “major” sources of pollution are defined as those that have the potential to emit hazardous pollutants above a legal threshold. These hazardous pollutants include mercury, which can cause brain damage in developing babies, benzene and formaldehyde, which can cause cancer, and 3-butadiene which can cause cancer and heart and lung diseases.

    Facilities that are “major” sources for hazardous pollutants must comply with protective pollution standards based on the Maximum Achievable Control Technology (MACT). However, the MACT standards are so effective at reducing air pollution that they often cause industrial facilities to fall below the major source thresholds. At that point they can ask to be reclassified as smaller “area sources” of pollution.

    The “Once In, Always In” policy required major industrial facilities to continue to comply with MACT standards after reclassification. The policy was adopted in 1995 and worked for decades – until the Trump administration reversed it in 2018. That reversal created a loophole that could potentially be used by numerous industrial and petrochemical sources, allowing them to stop complying with MACT standards altogether and ultimately legally increase their pollution right up to the level of the major source threshold. Area sources can also avoid rigorous monitoring, reporting, and recordkeeping requirements, making it more difficult track emissions and ensure that sources are not exceeding major source thresholds.

    EDF joined dozens of other environmental justice, labor, and environmental organizations in opposing the Trump-era rollback at EPA and in the courts.

    Today’s EPA proposal is designed to prevent industrial facilities from increasing their pollution levels when reclassifying from a “major source” to an “area source.” It would require those reclassifying facilities to establish federally enforceable conditions to protect public health.

    Today’s proposal would apply to any sources that have reclassified since January 25, 2018 – as well as any that reclassify in the future.

  • EDF Asks U.S. Supreme Court to Conserve Vital Chevron Doctrine

    September 22, 2023
    Sharyn Stein, 202-905-5718, sstein@edf.org

    (Washington, D.C. – September 22, 2023) Today Environmental Defense Fund filed a brief with the U.S. Supreme Court in a case that could have far-reaching effects on the way the federal government can protect people from health and environmental dangers.

    EDF filed an amicus curiae, or “friend of the court,” brief in Loper Bright Enterprises v. Raimondo (S.Ct. 22-451) – a case challenging the Department of Commerce’s authority to conserve marine fisheries that are overfished. Commercial fishing businesses are asking the Supreme Court to find in their favor by overruling a long-established legal precedent, known as the Chevron doctrine, that requires courts to defer to Executive Branch agencies’ application of their experience, reasoned decision-making, and expertise in implementing statutes Congress has given the agencies the responsibility to administer.

    The Chevron rule has been relied on by the Supreme Court itself in scores of cases, and by lower courts in thousands of cases, and has long provided a clear background rule for Congress, the Executive Branch, and the public.

    EDF is asking the Court to preserve its longstanding precedent.

    “The doctrine is a judicial review framework that serves a critical role in cases about protecting people’s health, climate safety, clean air and clean water, consumer fraud, food safety, workplace safety, and civil rights under the law,” said EDF General Counsel Vickie Patton. “The doctrine respects the independence of the three branches of government and safeguards Congress’s choices about how the laws it enacts should be implemented. It’s a foundational idea that all three branches of government have recognized since long before it was elaborated on by the Court in its namesake 1984 decision. Now large emitters and their allies are using this case to try to demolish administrative agencies’ ability to protect millions of people from harm.”

    The Chevron doctrine takes its name from a 1984 case, Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. (467 U.S. 837), which addressed the proper standards for courts to apply in reviewing agency decisions that depend on interpreting acts of Congress.  Chevron holds that, so long as federal agencies stay within the clear bounds of the law, the courts must respect the agencies’ expertise and their reasonable interpretations of federal laws. 

    Under Chevron, the courts must defer to an agency’s interpretation of the statute if it meets two criteria:

    • The interpretation must be consistent with the statute’s text, structure, and history.
    • The interpretation must be reasonable. 

    Chevron recognizes that Congress typically chooses to enlist administrative agencies to implement statutes because it recognizes agencies have the best technical expertise, resources and knowledge to do so. (All three branches of government have recognized the legitimacy of this type of separation of powers since long before the case was decided in 1984).

    Now, large emitters and their allies are asking the Supreme Court to use an otherwise narrow dispute concerning the use of fishery monitors under the Magnuson-Stevens Fishery Management and Conservation Act as an opportunity to sweep away the Chevron doctrine.

    The D.C. Circuit has already ruled in Loper Bright Enterprises v. Raimondo that the Department of Commerce had reasonably interpreted the statute in question.

    EDF’s amicus brief urges the Supreme Court to abide by three core principles:

    • Respect for Congress’s choices to delegate interpretive responsibility to the Executive Branch. Recognizing that agencies have distinctive abilities, and are responsible to the President and the people, Congress often chooses to delegate an agency power to interpret ambiguities in administering a statute. Courts should honor Congress’s judgment.
    • Respect for the constitutional status and distinctive institutional capacities and expertise of Executive Branch officials that Congress has empowered, and recognition of the substantial checks that constrain them. 
    • Respect for the people the laws serve, including beneficiaries and regulated entities alike. The Chevron doctrine promotes stability and predictability. Overturning it would generate uncertainty and instability, and impose substantial harms on millions of people.

    “Efforts to overturn this legal precedent are part of a longstanding campaign by large emitters and their allies to weaken the authority entrusted to administrative agencies by Congress, authority that is essential for protecting the health, safety and well-being of all people,” said Sean Donahue of Donahue & Goldberg, EDF’s counsel of record before the Court. “This campaign is marked by the kind of sloganeering, argument by anecdote, and sacrifice of empirical rigor that are all too familiar in hardball politics but out of place in legal argumentation. EDF strongly believes the Court should reaffirm this long-standing precedent and affirm the DC Circuit’s judgment in this case.”

  • Climate Corps China Celebrates 10th Anniversary

    September 22, 2023
    Bryce Rudow, (202) 699-0727, brudow@edf.org

    (SHANGHAI -- 22 September, 2023) Today, Climate Corps China marks 10 years since its inception.  

    Over the past decade, Climate Corps China has recruited over 200 fellows, worked with over 40 esteemed multinational and domestic companies, including Apple, McDonald’s, IKEA, and Walmart, and established a robust alumni network that will support fellows throughout their careers. 

    In China alone, Climate Corps fellows have identified over $130 million in cost-saving opportunities, equivalent to about half a million metric tons of greenhouse gas emission reductions in China. 

    • Qian Li, from the 2021 Climate Corps class, was tasked with managing a project involving factory carbon inventory and enhancing energy efficiency for PMI suppliers during the summer of 2021. Now, she is actively involved in spearheading carbon-neutral project investments at a Fortune 500 company. 
    • Qihui Gao, from the class of 2019, spent her summer as a Climate Corps fellow at LONGi Solar, where she developed a greenhouse gas emission accounting model and formulated ESG recommendations. Now, she serves as a negotiator and researcher at the National Center for Climate Strategy and International Cooperation (NCSC), Ministry of Ecology and Environment.  
    • Xuancheng Zhou dedicated his summer to working at Colgate, where he focused on enhancing energy efficiency and conducting carbon accounting for the factory plant. Now, he holds the position of Business Manager at Carbonstop. 

    In 2008, EDF launched Climate Corps, its innovative fellowship program that trains passionate graduate students and pairs them with companies and public institutions dedicated to meeting their climate and energy goals. 

    Since then, 1 in 3 Fortune 100 companies have worked with Climate Corps. 

    The program became so popular that in 2014 Climate Corps extended to China, harmonizing EDF’s global mission with the strategic vision of a nation dedicated to combatting climate change. 

    Moreover, as these fellows continue to ascend in their careers, their influence will invariably permeate many sectors, bolstering the culture of sustainability and environmental responsibility. 

  • EDF Applauds Launch of American Climate Corps by the White House

    September 20, 2023
    Bryce Rudow, ‪(202) 699-0727, brudow@edf.org

    (Washington, D.C. – September 20, 2023) Today, the White House announced the launch of American Climate Corps. This new federal program will unleash critical talent into the workforce to help advance environmental goals and can create a lasting impact.

    Our organization knows first-hand how successful a program like this can be. Environmental Defense Fund launched EDF Climate Corps® fellowship program in 2007. Over the last 16 years, we have worked with thousands of graduate students and more than 450 organizations nationwide. Our fellows have identified more than $1.6 billion in energy savings, and we are proud to have worked with 1 in 3 Fortune 100 companies, including WalmartPepsiCoBank of America and Goldman Sachs. EDF is thrilled the White House has created this national program and look forward to private-public partnership opportunities as this new, national climate corps begins its work.