Complete list of press releases

A coalition of environmental and civil rights activists is fighting the Los Angeles County Metropolitan Transportation Authority (MTA) effort to raise fares during the summer lull.

MTA has planned an August 26 vote on a proposal to increase its cash fare from $1.35 to $1.45, the price of the token from 90 cents to 95 cents, and the price of the monthly bus pass from $42 to $45. MTA has scheduled the August vote even though its own fare policy study is not due for another six months. The costly, taxpayer-funded study is designed to establish long-term transportation goals and examine alternative fare strategies for the MTA.

“Lower Fares For The Los Angeles County MTA,” a report by the Environmental Defense Fund (EDF), Natural Resources Defense Council, Coalition for Clean Air, Asian Pacific American Legal Center of Southern California, and Communities for a Better Environment demonstrated that lowering fares would greatly increase ridership and mobility in Los Angeles. The report found that a fare increase, on the other hand, could send transit in LA’s transportation system into a “death spiral” with reduced ridership and service.

“The MTA’s failure to provide affordable transit service not only harms communities of color and low-income communities for whom transit service is a life-link, it harms the entire Los Angeles community by promoting congestion, polluted air and obstacles to reaching jobs and other necessities,” said EDF senior attorney Robert Garcia.

The “Lower Fares For The Los Angeles County MTA” report indicated that a fare increase would hurt the people who can least afford it. Seven in ten MTA bus riders have household incomes under $15,000. An astounding four in ten have household incomes under $7,500.

“MTA Bus riders cannot be denied transit access to jobs, loved ones, doctors, shopping, churches, parks and other basic needs,” said former MTA chief financial officer Thomas Rubin. “Before initiating a fare increase for those who can least afford it, the MTA must consider all other options.”

“MTA’s cash fare is already the highest in the area. The MTA should defer any action on a fare increase until the agency adequately examines equitable and efficient alternatives to raising prices,” said Todd Campbell of the Coalition for Clean Air.

The Environmental Defense Fund (EDF) today released a report demonstrating that Caltrans’ plan to reduce traffic on the Bay Area’s most congested highway, the Sunol Grade, will be obsolete from day one. EDF’s report, Express Solutions on Sunol, shows that Caltrans’ plan is a detour to gridlock, while Express Lanes would cut congestion on the Sunol Grade by two-thirds. An Express Lane is a three-person carpool lane that other cars can access for a fee.

“Caltrans’ plan for the Sunol Grade will fail almost immediately,” said EDF senior economist Daniel Kirshner. “Caltrans’ plans to add a southbound lane, which would be limited to two-person carpools in rush hours. Our analysis shows that both the existing lanes and the new carpool lane on the Sunol Grade will be virtually gridlocked.”

An Express Lane on the Sunol Grade, however, would keep traffic running without delay. Overall, Express Lanes would reduce total delays on the Sunol Grade by two-thirds. Express Lanes would also generate new revenue to increase Altamont Commuter Express (ACE) train service and fund other travel choices in the corridor.

“Traffic is a problem that’s only going to get worse on the Sunol Grade unless we effectively move more cars and people with Express Lanes,” said Meg Krehbiel, EDF policy analyst.

EDF’s proposal to operate the new carpool lane as an Express Lane would provide four added travel options to commuters at a fraction of the cost of Caltrans’ plan. Commuters would have the choice of using: a southbound carpool lane, a northbound carpool lane (by reserving the new lane with barriers), Express Lanes, and more frequent ACE service.

Superfund reauthorization legislation scheduled to be voted on today by the House Transportation and Public Works Committee undercuts Superfund’s popular “polluter pays” system and the federal safety net for nonfederal cleanups, according to the Environmental Defense Fund (EDF). The bill is a revised version of H.R. 1300, initially introduced by Subcommittee Chairman Sherwood Boehlert (R-NY) and others earlier this year.

“The time for comprehensive Superfund reauthorization has come and gone,” said Karen Florini, an EDF senior attorney. “What’s needed now is narrow, targeted legislation that focuses on areas that all stakeholders ? environmentalists, businesses, the Administration, and other governmental entities ? agree warrant attention, namely brownfields, perhaps along with carefully tailored provisions to protect small parties from abuses of the Superfund liability system.”

“Unfortunately, the 178-page revised bill goes much further. It has a number of troubling provisions that will result in more lawsuits,” said Florini. “It changes key liability provisions, which will prompt new lawsuits about issues that have been resolved through 20 years of laborious litigation since Superfund’s initial enactment. It allows many parties who own Superfund sites to avoid any share in the cost of cleaning their own property, even if they bought the property with knowledge of the contamination. The bill also contains a number of other new liability loopholes, some of which are highly vulnerable to abuse while others set disturbing precedents.”

“In addition, H.R. 1300 blocks the federal government ? as well as citizens and local governments ? from using Superfund authorities where a site that was supposedly cleaned up under a state program still may present an imminent and substantial endangerment,” said Florini. “This is a completely inappropriate erosion of the federal safety net, one that allows federalism to trump public health. If a site still poses this kind of risk even after the cleanup is supposedly done, Superfund should be able to respond.”

“The bill also dramatically ramps down funding for cleanups after 2003, even though it’s far too early to determine how much funding needs will decline over time ? especially because non-permanent remedies will have to be revisited,” said Florini.

“The bill suffers from several sins of omission as well,” said Florini. “Perhaps most conspicuously, it doesn’t reinstate the polluter-pays taxes, even though it shifts significant costs from polluters to the Superfund program. In addition, the bill does little to enhance public Right to Know, and nothing to strengthen environmental justice considerations in the cleanup program. Nor does it assure that cleanups will protect children or other vulnerable populations.”

Pointing to the tremendous air quality benefits for the Western states, the Environmental Defense Fund is calling on the US Environmental Protection Agency (EPA) to adopt its proposed rule to clean up air pollution from cars, trucks, minivans and SUVs. The rule’s first element would require new cleaner car technology, and the second, cleaner low-sulfur gasoline. The official public comment period ended today on the proposal, and a decision by the Clinton Administration is expected later this year. Thousands of citizens from across the country have submitted comments to EPA expressing their support for EPA’s proposal.

“EPA’s proposal would deliver cleaner, healthier air to the Western states,” said Vickie Patton, EDF attorney. “To realize the tremendous air quality benefits at stake we need both cleaner cars and cleaner gas.”

Automobile manufacturers have strongly supported cleaner low-sulfur gasoline, a critical ingredient for the new clean car technology. Many in the petroleum industry have objected to EPA’s low-sulfur gasoline initiative and have called for an exception to allow dirty, high sulfur gasoline in the West, which would severely undercut the benefits from emerging clean car technology for Western states residents.

An analysis completed by the State and Territorial Air Pollution Program Administrators/Association of Local Air Pollution Control Officials, an organization of state and local air quality officials that supports EPA’s proposal, demonstrates how much pollution the proposed standards could eliminate. In the Western states, the analysis found that with cleaner low-sulfur gasoline the air quality benefits are comparable to removing 222,140 cars from Montana, 51,401 from Nevada, 421,189 from New Mexico, 177,586 from North Dakota, 193,489 from South Dakota, and 478,952 from Utah.

In dramatic contrast to the general oil industry opposition, earlier this month British Petroleum Amoco began offering low-sulfur premium gasoline at hundreds of service stations in the Atlanta area. The gasoline is slated to meet EPA’s proposed low-sulfur fuel standard without a price increase.

“Support from key state officials, environmentalists and auto manufacturers, combined with the introduction of low-sulfur gasoline in Atlanta provides powerful evidence that EPA’s proposal is right on the mark,” said Patton. “Cleaner, healthier air in Colorado is within reach if EPA and the Western states stand up to the oil industry lobbyists that are fighting against cleaner air in the West.”

The blazing heat searing the nation is breaking records around the country. So far, this year’s unusual heat has been linked to 71 heat-related deaths in the US according to published news reports. High temperatures have also contributed to drought conditions and water shortages, which have destroyed crops and left many farmers in severe financial trouble. While no single hot season can be tied to global warming, an analysis by the Environmental Defense Fund (EDF) has concluded that these conditions could become a regular occurrence in the future unless greenhouse gas emissions are brought under control.

EDF analysis shows that US cities are expected to experience many more days over 90, 95 and 100F in the future than they currently average unless swift action is taken to bring global warming under control. The analysis is available free at http://www.edf.org/90Plus.

“This year’s devastating heat waves and tragic heat-related deaths may provide a picture of a typical summer of the future unless emissions of greenhouse gases are significantly reduced,” said EDF scientist Dr. Janine Bloomfield. “Without greenhouse gas controls many cities can expect to experience a substantial increase in very warm days during the next century. Children, the impoverished, the elderly and those already weakened by illness are especially vulnerable to heat-related illness and even mortality during prolonged periods of hot weather.”

Greenhouse gases emitted from industries and cars trap heat in the atmosphere, causing the Earth’s climate to warm. “The US of the future could be flooded with problems if action isn’t taken to cut greenhouse gas emissions now,” said Bloomfield. “Sea-level rise associated with global warming, combined with high-tide levels and storm surges, poses a serious flood threat to many of our coastal cities. Low-lying cities’ roads, tunnels, railways and airports could be at risk.”

“If we want our grandchildren to inherit a safe and stable climate, it’s critical that affordable early reductions of greenhouse gas emissions be started immediately,” said Bloomfield.

New Jersey Governor Christine Todd Whitman expects to issue a drought warning for New Jersey early next week, according to news reports. The Environmental Defense Fund (EDF) has some practical tips to save water during drought times and beat the heat this summer.

“Drought conditions and heat waves give us a look at what the future could be like if global warming continues unabated,” said Dr. Janine Bloomfield, an EDF senior scientist. “Fortunately, everyone can get relief from the heat, save water, and save money by taking steps now to reduce energy use and cut the greenhouse gases that are warming our world.”

Hot summer days bring increases in water demand, often when water is scarce. Energy demand also shoots up at these times. These tips for conserving water and energy also save you money.

• Use dishwashers and washing machines for full loads only. Instead of hot water, consider using cold or warm for laundry. Don’t use the heat drying option on your dishwasher, and consider using a clothesline instead of the dryer. This will keep your house cooler as well.
• Turn the water off when you brush your teeth — keeping the faucet on can waste up to 15 gallons of water every time you brush. Also, rather than letting the water run, fill the basin when you shave, or when you wash dishes.
• Follow state and local restrictions on watering lawns and washing cars.

If your air conditioner is laboring away but not making you cooler, follow these steps for maximum comfort.

• Replace the air conditioner’s filter if it’s dirty and check to see that the coils are free of debris.
• Place window air conditioners in the shade.
• Use weather stripping and caulk to insulate doors and windows.
• Check to see that your attic is well ventilated, which will make the rooms below cooler.
• Pull down shades and close curtains during the day.
• Consider using a fan on cooler days or at night - fans use one-tenth the energy of an air conditioner.

Scorching days may bring heavy smog, which can damage the lungs. Everyone is affected by smog, but children and the elderly are the most vulnerable. Follow these tips to help reduce smog, and protect your health.

• Heed air quality warnings on news broadcasts.
• Use public transportation, bicycle, walk or carpool.
• Keep your car tuned and your tires properly inflated. Make sure your car’s air conditioner is not leaking coolant.
• Don’t top off the gas tank; this releases smog-forming pollutants into the air. Try to avoid filling the tank on heavy smog days, or fill up during the cooler morning and evening hours.
• Avoid aggressive driving. Jackrabbit accelerations (flooring the gas pedal), excessive speed and hauling heavy loads increase emissions and decrease fuel efficiency.

Does the scorching summer heat have you seeing red? The Environmental Defense Fund (EDF) has some practical tips to beat the heat ? and be green ? this summer.

“Heat wave conditions give us a taste of what the future could be like if global warming continues unabated,” said Dr. Janine Bloomfield, an EDF senior scientist. “Fortunately, everyone can get relief from the heat and save money by taking steps now to reduce energy use and cut the greenhouse gases that are warming our world.”

If your air conditioner is laboring away but not making you cooler, follow these steps for maximum air-conditioned comfort.

• Replace the air conditioner’s filter if it’s dirty and check to see that the coils are free of debris.
• Place window air conditioners in the shade.
• Use weather stripping and caulk to insulate doors and windows.
• Check to see that your attic is well ventilated, which will make the rooms below cooler.
• Pull down shades and close curtains during the day.
• Consider using a fan on cooler days or at night - fans use one-tenth the energy of an air conditioner.

• Use dishwashers and washing machines for full loads only. Instead of hot water, consider using cold or warm for laundry. Don’t use the heat drying option on your dishwasher, and consider using a clothesline instead of the dryer. This will keep your house cooler as well.
• Turn the water off when you brush your teeth ? keeping the faucet on can waste up to 15 gallons of water every time you brush. Also, rather than letting the water run, fill the basin when you shave, or when you wash dishes.
• Use energy-efficient compact fluorescent bulbs.
• Water your lawn early in the morning when it’s cooler so less water evaporates.

• Heed air quality warnings on news broadcasts.
• Use public transportation, bicycle, walk or carpool.
• Keep your car tuned and your tires properly inflated. Make sure your car’s air conditioner is not leaking coolant.
• Don’t top off the gas tank; this releases smog-forming pollutants into the air. Try to avoid filling the tank on heavy smog days, or fill up during the cooler morning and evening hours.
• Avoid aggressive driving. Jackrabbit accelerations (flooring the gas pedal), excessive speed and hauling heavy loads increase emissions and decrease fuel efficiency.

The Environmental Defense Fund (EDF) today praised the Gulf of Mexico Fishery Management Council for adopting a proposal yesterday to help ensure the survival of the gag grouper, one of Florida’s most economically important fish species.

Studies conducted by scientists over the last decade indicate that the gag grouper population is declining, and the proportion of male gag has dropped dramatically. Working with fisherman, environmentalists and government fishery managers, the Gulf Council approved the creation of “no fishing” areas off the West Coast of Florida on Thursday.

“The imperiled status of gag has been well established by scientists,” said EDF fisheries biologist Pam Baker. “The decline of the gag, including the male, and the serious signs of inbreeding, are all the result of excessive fishing of the species. A closed fishing area offers the best potential to protect the gag and help foster its recovery.”

The Gulf Council is responsible for managing fisheries in the federal waters of the Gulf of Mexico. The gag grouper reserve, the first of its kind in the Gulf of Mexico, will close two sites, each slightly larger than 100 square nautical miles, to all fishing, year-round. Scientists will conduct field studies over the next several years to evaluate the effectiveness of the closed fishing areas.

In a letter to Congress, the leaders of several major environmental groups called for opposition to Clean Air Act amendments proposed by Senator Kit Bond (R-MO) that could lead to increased air pollution in US cities.

Bond is the sponsor of Senate Bill 1053, which would overturn a recent federal court ruling stating that highway projects must conform to state air pollution reduction plans. The Federal Court of Appeals for the D.C. Circuit decided on March 2, 1999, that EPA regulations for approving highway projects violate the Clean Air Act. The court agreed that highway projects should not be granted new funding agreements in areas where transportation plans violate state air pollution control plans.

“Senate Bill 1053 creates a huge loophole that exempts road builders from meeting the requirements of the federal Clean Air Act and state air pollution control plans, shifting the full burden of meeting these requirements onto individuals and large and small businesses,” said Michael Replogle, EDF’s federal transportation director, who will testify today at a Senate Environment and Public Works Committee hearing. “The reasoning behind the court decision is as clear as a smog-free day: new or wider roads are likely to spur more car and truck traffic and encourage sprawl. If more traffic can lead to more air pollution, the potential health impacts of higher pollution levels need to be assessed before anyone starts laying pavement.”

In a letter to the US Senate, the Environmental Defense Fund, Natural Resources Defense Council, Sierra Club, Friends of the Earth, Defenders of Wildlife, Earthjustice Legal Defense Fund, Environmental Working Group, Izaak Walton League, League of Conservation Voters, National Environmental Trust, Physicians for Social Responsibility and Zero Population Growth charged that road builders are seeking to avoid accountability for the effects of scores of taxpayer-financed road projects on public health and air quality. “The court ruling restores the incentive for regional and state transportation agencies to take seriously their obligation to develop metropolitan transportation systems that serve both mobility needs and the public health protection goals of clean air. It will cut the cost and time needed to achieve healthful air quality for all Americans,” the groups said in the letter.

“The recent Court ruling assures that taxpayer dollars will support new transportation projects only when consistent with a state’s air quality plans,” said Replogle. “There are lots of ways states can meet these Clean Air Act requirements, other than trimming road development. States can require cleaner fuels and better vehicle maintenance, invest in smart growth and projects to reduce traffic and impose more stringent controls on other polluters. Congress should reject Senator Bond’s proposal. It would leave the road builders unaccountable and keep Americans breathing engine exhaust for years to come.”

The Environmental Defense Fund (EDF) today praised the introduction of the Voluntary Reductions Act by Rep. Rick Lazio (R-NY), Rep. Cal Dooley (D-CA), and a bipartisan group of co-sponsors. EDF urged Congress to move forward with consideration of the legislation, which would provide credit to companies and communities that reduce emissions of the greenhouse gases that cause climate change.

In addition to Mr. Lazio and Mr. Dooley, co-sponsors of the bill include Sherwood Boehlert (R-NY), Michael Castle (R-DE), Greg Ganske (R-IA), Ron Kind (D-WI), Jim Maloney (D-CT), Jim Moran (D-VA), David Price (D-NC), Tim Roemer (D-IN), and Adam Smith (D-WA).

“Climate change won’t wait while politicians debate,” said EDF’s executive director Fred Krupp. “We need to begin now to protect ourselves from impending changes in Earth’s climate caused by the buildup of greenhouse gases. These Representatives have developed the type of bipartisan initiative America needs to get greenhouse gas reductions started now. We commend them for their leadership on this important issue.”

The proposed legislation, which complements similar bipartisan efforts in the Senate, would award credit to companies and communities that take voluntary steps to reduce their overall domestic greenhouse gas emissions below specified levels prior to the introduction of any regulatory requirements. These credits could be saved for use in meeting future domestic emissions reduction requirements, or purchased by others who might need them to help manage their own reduction obligations. The legislation would also provide strong incentives for innovative American companies and could boost the $300 billion global environmental technologies market.

EDF has been instrumental in developing the credit for early action approach and began advocating it over two years ago. “This proposal will begin to help protect Americans from the environmental and economic effects of global climate change,” said EDF senior attorney Joe Goffman. “Businesses that take action to reduce greenhouse gas emissions now will help improve the environment, be better equipped to meet future regulatory requirements, and be better able to remain competitive in a new regulatory atmosphere. The longer action is postponed on cutting greenhouse gases, the higher the costs will be. This approach is a wise investment in our nation’s future.”

In a petition sent today to the Environmental Protection Agency (EPA), the Environmental Defense Fund (EDF) called on EPA to restrict the planting of Bt corn, a crop genetically engineered to kill insect pests. EDF also sent letters to chief executive officers of Monsanto, Novartis, and other companies selling Bt corn, asking them to restrict planting. EDF’s objective is to reduce the potential hazards of toxic Bt-corn pollen to the monarch butterfly and other species, including the endangered Karner Blue butterfly. A recent study published in Nature demonstrated that monarch butterfly caterpillars are killed by pollen from Bt corn in the laboratory.

“Toxic pollen is a prime example of genetic engineering gone awry,” said Rebecca Goldburg, an EDF senior scientist. “Bt corn was engineered to produce insect poisons, but these poisons do not discriminate between pests and treasured butterflies. Bt corn coats the leaves of wild plants growing near cornfields with toxic pollen, which butterflies then eat. Unfortunately, EPA has failed to consider the risks of toxic pollen from Bt corn to butterflies, including a number of rare and endangered species.”

To control insect pests, scientists have genetically engineered toxin genes from the soil bacterium Bacillus thuringiensis (Bt) into crops—causing these genetically engineered crops to produce insect poisons. EPA has registered seven different Bt pesticides for use in corn. EPA and USDA estimate that in the 1999 growing season, 20-25% of corn acreage in the United States, or approximately 16-20 million acres, has been planted to Bt corn varieties.

EDF asked EPA and the producers of Bt corn to require, through regulations or contracts with growers, that fields of Bt corn be surrounded by 40 to 60-foot wide borders of non-Bt corn. Because most corn pollen settles out within a few dozen feet of the corn plant, such borders would dramatically reduce the flow of toxic pollen from Bt corn into butterfly habitats. Such borders would constitute a small fraction of typical Midwestern corn fields, most of which are one-quarter to one-half mile on each side. “Planting a buffer zone of Bt-free corn is an effective and practical way of protecting monarchs, and other butterflies such as the Regal Fritillary and the endangered Karner Blue, from toxic Bt pollen while additional studies on this newly identified problem are completed,” said Goldburg.

EDF is also calling on the EPA to consult with the US Fish and Wildlife Service to determine whether any butterflies and moths listed as endangered or threatened under the Endangered Species Act are harmed by toxic Bt-corn pollen.

The Environmental Defense Fund (EDF), the group that filed the original petition to ban DDT which started the bald eagle on the road to recovery, today applauded the Clinton Administration for announcing its intention to remove the nation’s symbol from the endangered species list.

“This is a tremendous victory for the bald eagle and for the Endangered Species Act,” said Michael Bean, chair of EDF’s wildlife program. “There is no prouder symbol of our nation’s commitment to preserving our natural heritage than the eagle. And there is no greater tribute to the Endangered Species Act than to allow its finest success story to fly off the list, free at last.”

The Environmental Defense Fund was founded in 1967, and its first national action was to file the original petition with the USDA to ban the pesticide DDT. DDT caused eggshell thinning and reproductive failure in bald eagles, ospreys, peregrine falcons, brown pelicans and other species. Since DDT was banned in 1972, and since its listing on the original endangered species list in 1967, the bald eagle has made a spectacular recovery. There are now more than 5,000 nesting pairs of bald eagles nationwide.

The bald eagle is only one of many species that has bounced back dramatically since being put on the endangered species list. The peregrine falcon was proposed for removal from the endangered species list in 1998, and the brown pelican on the East Coast was removed from the endangered species list in 1985. The formerly endangered American alligator has been restored to abundance throughout the Southeast. Whooping cranes, piping plovers, gray wolves in the lower 48 states, Kemp’s ridley sea turtles, and Aleutian Canada geese are at or near their highest levels in decades.

“Today’s announcement represents a major success for the Endangered Species Act. Under that law, bald eagles have been reintroduced into areas from which they had been extirpated; malicious shooting has dropped dramatically due to increased penalties; and the threat of lead poisoning from birds ingesting shotgun pellets has been virtually eliminated,” said Bean. “The recovery of the eagle shows that it is within our power to make a u-turn on the road to extinction and get onto the road to recovery.”

A statewide coalition of environmental and civil rights organizations is increasing pressure in the bus riders’ fight to improve public transit service in Los Angeles. The groups are calling on the Metropolitan Transportation Authority (MTA) to meet its legal obligation to increase and improve LA bus service with clean vehicles that will get people to jobs, families, shopping and vital services, while minimizing the environmental impacts of the new buses.

The Environmental Defense Fund (EDF), Natural Resources Defense Council (NRDC), Coalition for Clean Air, Asian Pacific American Legal Center of Southern California and Communities For A Better Environment in a legal brief filed today criticized the MTA for balking at the terms the agency agreed to in the October 1996 consent decree to improve MTA’s bus service.

“Low income and minority communities do not have adequate access to jobs, loved ones, doctors, shopping, churches, parks and other basic needs,” said EDF senior attorney Robert Garc

A report released today by the Environmental Defense Fund (EDF) details the potential impacts of uncontrolled global warming on the New York metropolitan region. The report, Hot Nights in the City: Global Warming, Sea-Level Rise and the New York Metropolitan Region, projects a major increase in 90 degree-plus days in the summer that can lead to an increase in heat-related mortalities among the region’s most vulnerable populations. In addition, uncontrolled warming can result in significant sea-level rise, which can cause repeated flooding of New York’s roads, subways and airports. Ironically, hotter summers also increase the risk of drought, which means it may become necessary to draw upon the Hudson River for drinking water during shortages.

“The New York region of the future could be flooded with problems if the US doesn’t take action to cut greenhouse gas emissions now,” said Dr. Michael Oppenheimer, EDF chief scientist. “Our children and grandchildren could be faced with 90 degree-plus days nearly all summer long. Heat waves of such persistence and intensity would pose a grave health threat for the very young, the elderly and the impoverished.” In 1995 there were 500 weather-related deaths during a Chicago area heat-wave.

“The New York of tomorrow must be protected by prudent action today. The US Senate should begin to take action addressing this problem, which will impact on New Yorkers and all Americans,” said Senator Charles Schumer (D-NY).

“Coastal areas, including my home on Long Island, already suffer from frequent coastal storm damage, and this report suggests that sea-level rise associated with climate change could only make this problem worse. A number of companies are interested in taking voluntary action to address this issue. We need to encourage those companies and clear out any impediments to their moving forward,” said Congressman Rick Lazio (R-NY).

“The infrastructure that keeps the New York region going, Kennedy, LaGuardia and Newark Airports, the train, subway and automobile tunnels are all at serious flood risk in a greenhouse future,” said Dr. Janine Bloomfield, an EDF scientist and principal author of the study. “Weather related shut-downs of these facilities could become the rule, rather than the exception, if global warming is not controlled.”

The report is available free at http://www.environmentaldefense.org/documents/493_HotNY.pdf and was prepared by EDF based on scientific contributions from Columbia University scientists and other sources.

The Environmental Defense Fund today applauded the filing of a judicial appeal by the US Environmental Protection Agency (EPA) aimed at upholding vital national clean air health standards. In 1997 EPA established new national clean air health standards for ground-level ozone smog and for the fine, sooty particles that are breathed deep into the lungs. On May 14, 1999, however, a three-judge panel of the US Court of Appeals for the District of Columbia Circuit decided in a 2-1 vote that EPA’s action was unconstitutional. Today, the EPA filed an appeal, requesting an opportunity to present the Agency’s case to the full court.

“The EPA is right to file an appeal. The judicial panel’s ruling was a major setback to achieving cleaner, healthier air nationwide,” said Vickie Patton, an EDF attorney. “It’s critical that the panel’s decision be overturned. EPA’s clean air standards would help protect millions of Americans with asthma and lung disease,” said Patton.

While all three judges agreed that EPA had ample scientific basis for the new health standards, in a controversial opinion, Judges Stephen Williams and Douglas Ginsburg held that EPA’s decision violated the “nondelegation doctrine.” This is a constitutional doctrine that places constraints on the authority Congress can delegate to administrative agencies. Judge David Tatel vigorously dissented from this part of the opinion. Two 1935 Supreme Court decisions relied on the nondelegation doctrine. Since then, the Supreme Court repeatedly ? without exception ? has rejected numerous challenges to administrative decisions on the basis of the doctrine.

“The judicial panel’s radical decision is inconsistent with a well-established body of Supreme Court case law,” said Patton. “What’s so stunning is that the judges unanimously upheld the scientific basis for the clean air standards at the same time that two of the judges invoked an obsolete legal doctrine to undermine the standards.”