Complete list of press releases

  • Through Turbulent Year, EDF Data Show Permian Oil and Gas Operators Consistently Failed to Keep Flares Lit

    February 10, 2021
    Matt McGee, (512) 691-3478, mmcgee@edf.org
    Jon Coifman, (212) 616-1325, jcoifman@edf.org

    (AUSTIN, TX) Despite turbulent oil and gas markets and a crash in new drilling activity, a year’s worth of aerial survey data released today by EDF’s PermianMAP initiative reveals that operators’ inability to manage flaring has remained a consistent problem.

    Flaring is the controversial practice of sending natural gas — which is mostly methane — up a pipe and igniting it, rather than capturing it for productive use. Flaring has come under increased scrutiny for contribution to air pollution and climate change, alongside the fact that it has resulted in the waste of billions of dollars’ worth of natural gas.

    EDF scientists conducted four week-long surveys throughout 2020 to assess emissions from flaring in the United States’ largest oilfield. In each survey, roughly 5% of flares were entirely unlit and venting methane directly into the atmosphere, and an additional 5% were malfunctioning and only partially lit, failing to properly combust methane and driving up emissions. The repeated results affirm flaring’s outsized contribution to Permian methane emissions, and underscore producers’ ongoing inability to control the problem.

    Photos, video, a map and infographics for media are available here.

    EDF’s latest flaring survey reveals that malfunctioning flares are not just a common problem across the basin, but also a persistent one. Researchers observed the same flares repeatedly over a five-day period. Of the malfunctioning flares they discovered, over half had recurring malfunctions, and about a quarter never operated properly during the course of the survey.

    The findings indicate voluntary efforts from industry have failed to address problems with flaring. As investors, the public and customers insist on low-emission products, commonsense policy from state leaders will be needed to reduce flaring and address the fact that it is a major source of the Permian’s methane footprint.

    “This year of data makes it painfully clear that flaring performance has remained abysmal through the industry’s highs and lows,” said Colin Leyden, EDF director of regulatory and legislative affairs, Texas. “The science is clear that flaring cannot be an afterthought. Left unchecked, the practice is compounding industry’s methane problem at a time when investors and overseas markets are calling for cleaner production.”

    EDF observed high rates of flaring malfunctions in both Texas and New Mexico. However, action to address the issue varies widely between the two states. Last fall, the Texas Railroad Commission adopted changes intended to reduce flaring. While a step in the right direction, they will not be sufficient alone to end routine flaring in the state.

    Meanwhile, New Mexico’s Oil Conservation Division is currently advancing a new rule which would eliminate routine flaring and reduce natural gas waste, an important component — along with air pollution rules still under development by New Mexico’s Environment Department — of establishing requirements in line with Gov. Michelle Lujan Grisham’s push for nation-leading methane rules.

    The best solution for reducing malfunctioning flares is to reduce flaring in the first place. A recent Rystad analysis shows doing so is highly cost-effective, 84% of routine flaring in the Permian could be eliminated at no net cost according to the report.

    “Companies’ inability to do something as basic as keep their flares lit threatens our climate, wastes our resources and undermines our wellbeing,” said Jon Goldstein, EDF director of regulatory and legislative affairs, New Mexico. “This research underscores the importance of the strong rule proposed by the Oil Conservation Division to cut methane waste and end routine flaring.”

  • Rep. Underwood Introduces Bill to Mitigate Climate Impacts on Mothers and Babies

    February 9, 2021

    “EDF applauds Representative Lauren Underwood for her efforts to protect mothers and babies, particularly in communities of color, from the harmful health impacts of climate change. Extreme heat, stronger storms and other increasingly present climate impacts hurt public health and put pregnant individuals and infants at high levels of risk. Families of color are more likely to breathe in toxic air pollution due to living and working near power plants, highways, factories and related facilities, leading to negative pregnancy outcomes including heart and lung defects, low-birth weight and preterm birth, all complications that can be exacerbated by climate change.

    “By providing education and resources to on-the-ground healthcare professionals to identify climate change-related risks and support pregnant people and babies in relation to those risks, the Protecting Moms and Babies Against Climate Change Act focuses on local solutions to help communities. Among other important provisions, the bill develops an initiative to designate climate change risk zones for maternal and infant health. We commend Representative Underwood for working to reduce disparities in frontline communities and provide tangible information and resources to improve health outcomes.”

  • Climate Resilience and Equity Highlighted in COFI Declaration

    February 8, 2021
    Tad Segal, (202) 572-3549

    (WASHINGTON – Feb. 8, 2021) During its biennial meeting, held virtually this year, the U.N. Food and Agriculture Organization’s Committee on Fisheries endorsed a Declaration on the 25th anniversary of the Code of Conduct for Responsible Fisheries reflecting the progress made and action still needed to protect the world’s fisheries and aquaculture, while urging action to address climate impacts on these vital resources.

    EDF applauds and supports the intentions set forth in the Declaration — particularly the need for action on climate change in order to build more resilient wild fisheries. EDF also noted the Declaration calls out the importance of small-scale fisheries for food and livelihood needs of millions of people, the need to promote research and technology innovation, and the importance of women’s empowerment. These priorities will allow the fisheries sector to contribute to the global fight to end poverty, hunger and malnutrition and contribute to an abundant ocean.

    Since 1965, the FAO’s Committee on Fisheries, or COFI, has served as the main deliberative forum for discussions and decisions on fisheries and aquaculture-related issues. The 128 member nations endorsed the Declaration, which will help guide future actions to reach sustainable fisheries in the face of a changing climate.

    “As we work toward achieving sustainable fisheries that also help fight poverty, hunger and malnutrition, let us remember that we cannot be successful without a dedicated focus on climate mitigation and adaptation,” said Eric Schwaab, senior vice president for EDF’s Oceans and Ecosystems programs. “We must develop tools, share knowledge, build capacity and find the resources necessary to tackle this challenge of our generation.”

    “Climate change is a real threat to the ocean, its ecosystems and to fisheries worldwide,” said Julio Cordano, director of Environment and Oceanic Affairs for the Ministry of Foreign Affairs of Chile. “This is why from Chile we are convinced of the urgent need to advance in the incorporation of the ocean in climate action in the framework of the UNFCCC and that climate change is considered in the work being done in the FAO and CBD, with the aim that policies in this area are coherent and ensure marine ecosystems in the long-term.”

    “SeaBOS applauds the COFI Declaration and its recognition of the need to mitigate the impacts of climate change for sustainable seafood production,” said Martin Exel, managing director of SeaBOS. “We are developing science-based emissions reductions targets ourselves, and support government actions to promote sustainable fisheries and aquaculture policies and regulations to mitigate climate change risks and impacts, and provide for ‘climate smart’ seafood production.”

    The 2021 COFI Declaration for Sustainable Fisheries and Aquaculture acknowledges the contributions sustainable fisheries and aquaculture make to multiple U.N. Sustainable Development Goals, including gender equity, a healthy ocean, climate action and ending poverty and hunger. The Declaration notes that fisheries and aquaculture provide 3.3 billion people with almost 20% of their daily animal protein, while at the same time roughly one-third of the world’s fisheries are currently fished beyond sustainable limits.

    Yet, science confirms that the world’s fish production will change dramatically by the end of the century, with many fish populations shifting their ranges and habitats — stressed by an ocean that is warmer, more acidic and less productive. In fact, these changes are already underway. The more delayed the response, the greater the political, economic, social and ecological ramifications, and the more difficult it will be to correct course. The impacts of a changing climate have the potential to threaten food security, jeopardize livelihoods and exacerbate equity concerns — especially for the most vulnerable regions in the tropics.

    “Fishing and aquaculture have the potential to help better meet the world’s food and nutrition needs, while also contributing to climate action, if these critical resources are managed sustainably,” added Schwaab. 

    EDF is currently working with governments, fishers and local communities in the Americas, Asia-Pacific and Europe to develop and implement climate-resilient governance and management practices. EDF has issued three reports — on Myanmar, the Humboldt Current and Northern Europe — that outline actions that can be taken to tackle the worst impacts from climate change. EDF has summarized its findings in these five principles that offer the greatest chance of success:

    1. Implement effective fisheries management as soon as possible;

    2. Anticipate and plan for future change;

    3. Build and strengthen international institutions and foster greater cooperation;

    4. Build broader ecosystem resilience to help respond to the unknown;

    Use principles of fairness and equity to drive future policy decisions.

  • George Shultz – Exemplar of Integrity, Bipartisan Public Service, Evidence-Based Environmentalism

    February 7, 2021
    Eric Pooley, 917-859-2037, epooley@edf.org

    “George Shultz was to American public service what Joe DiMaggio was to baseball — not only extraordinarily talented but also graceful, dignified and known for his fierce integrity. Republican presidents from Dwight Eisenhower to Ronald Reagan benefited from the precision of his thinking, which was always evidence-based and grounded in deep respect for the rule of law. As Reagan’s Secretary of State, he helped the president see the need for global action to repair serious damage to the earth’s ozone layer — action that was enshrined in the Montreal Protocol. Signed by Reagan in 1987 and ratified by a Democratic-controlled Congress in 1988, it remains one of the most important and successful global environmental achievements in history.

    “Secretary Shultz’s bipartisan vision for public service did not end when he left Washington in 1989. As the Thomas W. and Susan B. Ford Distinguished Fellow at the Hoover Institution, he became an important voice of reason in the national debate over climate change. His observation of the rapid changes caused by global warming led him to challenge his party to act.

    “ ‘It was a Republican president that created the EPA,’ he said. ‘It was a Republican president that did the Montreal Protocol. It was a Republican president that did the cap-and-trade system that dealt with acid rain, so we’re the party that has done something.’ He wrote about the need to eliminate methane pollution from oil-and-gas production before the power of this greenhouse gas was widely understood. And through his involvement at MIT and Stanford, he saw the rapid decline in clean energy costs, including the coming breakthroughs in battery technology, well before most others.

    “It was his interest in market-based climate solutions that brought Secretary Shultz and me together, and like so many others I benefited from his sage advice and deep perspective. As we make rapid, urgent climate progress in the days and years to come, we would all do well to heed his example: follow the evidence and build broad, bipartisan consensus around solutions that can stand the test of time. At a time when bipartisan cooperation is scarce and sorely needed, I think of George Shultz the way Paul Simon thought of DiMaggio: ‘Our nation turns its lonely eyes to you.’”

    - Fred Krupp, president of Environmental Defense Fund

  • MEDIA ADVISORY: Webinar Series to Tackle Climate-resilient Fisheries in Indonesia

    February 5, 2021
    Tad Segal, (202) 572-3549

    (WASHINGTON – Feb. 5, 2021) As ocean waters warm and become more acidic, fish stocks are moving toward more suitable habitat. Nowhere is this more evident than in the world’s tropical zones, such as those that comprise virtually all of Indonesia’s fishing grounds — a nation that accounts for nearly 7% of global fish production. At stake is food security, fisher’s safety, conservation and biodiversity, along with key economic benefits generated by this sector. If business continues as usual, at the current levels of fishing pressure and rates of ocean warming, outcomes for fisheries will likely get worse, with 80% of the world’s stocks falling into an overfished status by the middle of the next decade.

    Over two days, this webinar series co-hosted by Fisheries Research Center – Ministry of Marine Affairs and Fisheries, IPB University and EDF will explore how Indonesia and other tropical developing nations can address climate impacts on their fisheries. It will consider examples of best practices and science-based approaches to addressing the negative impacts of climate change through good fishery management practices, which will become increasingly important as climate change affects distribution and productivity of stocks. Some of these management strategies include effective data collection and monitoring systems, adaptive science-based management processes, harvest control rules that adjust according to stock biomass, and the consideration of wider socioeconomic and ecosystem components (e.g., ecosystem-based fishery management approaches). Please join us to learn more.

    WHAT: A webinar series over two days to examine the impacts of climate change on fisheries in Indonesia and other developing nations with a focus on solutions and best practices for mitigation and adaptation.

    Series 1

    WHEN & WHERE:

    Series 1 at 08:00 – 11:15 a.m. Jakarta time, Tuesday, Feb. 9

    Please register for Zoom meeting: https://s.id/WebinarCCRegD1

    WHO:
    Prof. Ir. R. Sjarief Widjaja, Ph.D, FRINA

    Chairman of the Agency for Marine and Fisheries Research and Human Resources,

    Ministry of Marine Affairs and Fisheries (MMAF)

    Eric Schwaab, M.A

    SVP, Oceans and Interim SVP, Ecosystems Environmental Defense Fund (EDF)

    Prof. Dr. Rokhmin Dahuri

    Chairperson of the Minister of Marine Affairs and Fisheries Advisory Team

    Dr. Tarub Bahri

    Fishery Resources Officer Marine and Inland Fisheries Branch, FAO, Rome

    Moderator: Dr. Luky Adrianto

    Faculty of Fisheries and Marine Sciences, IPB University

    Series 2

    WHEN & WHERE:

    Series 2 at 08:00 – 11:15 a.m. Jakarta time, Thursday, Feb. 11, 2021

    Please register for Zoom meeting: https://s.id/WebinarCCRegD2

    WHO:

    Cisco Werner, Ph.D

    National Oceanic and Atmospheric Administration (NOAA)

    Prof. Dr. Edvin Aldrian

    Professor Meteorology & Climatology BPPT, and IPCC WG I Vice Chair

    Dr. Reny Puspasari

    Researcher from Fisheries Research Center, MMAF, Indonesia

    Rod Fujita, Ph.D

    Director of Research and Development, Environmental Defense Fund (EDF)

    Putuh Suadela, S.Pi, MESM

    Coordinator of Fish Resources ZEEI, Directorate General of Capture Fisheries of MMAF

    Dr. Luky Adrianto

    Faculty of Fisheries and Marine Sciences, IPB University

    Moderators:

    Prof. Dr. Ngurah N. Wiadnyana Fisheries Research Center, MMAF, Indonesia

    Dr. Abdul Halim Environmental Defense Fund (EDF), Consultant

  • New report reaffirms urgent need for companies to tackle heavy metals in baby food

    February 4, 2021
    Natalie McKeon, (212) 616-1338, nmckeon@edf.org

    “Today’s report underscores the urgency for companies to take immediate and aggressive action to reduce toxic heavy metals – including lead, cadmium and arsenic – in food, especially baby food. These heavy metals harm brain development in infants and children, and pose financial and reputational liability for companies.

    “In an era where companies’ behavior is being examined under a microscope, the real winners will emerge based on their ability to address toxic chemicals in baby food head on. 

    “While more action across the supply chain is needed in reducing heavy metal contamination, there are safer management practices that companies can adopt today. The Baby Food Council, an initiative co-founded by EDF, accelerates efforts from leading companies with support from academic, government and NGO partners and advisors, to create safer baby food products.”

    -Boma Brown-West, Director, EDF+Business

  • Court Strikes Down Trump Administration’s Censored Science Rule

    February 1, 2021
    Sharyn Stein, 202-905-5718, sstein@edf.org

    (Great Falls, MT – February 1, 2021) A federal district court has struck down the Trump administration’s Censored Science Rule in a lawsuit filed by EDF, the Montana Environmental Information Center, and Citizens for Clean Energy.

    The U.S. District Court for the District of Montana ruled last week that Trump EPA Administrator Andrew Wheeler’s attempt to make the Censored Science Rule effective immediately was illegal. In accordance with that decision, the Biden administration filed a motion for vacatur and remand of the rule. Today, the same court issued an order for vacatur – overturning the rule completely.

    “Today’s decision is great news for EPA’s ability to use rigorous, lifesaving science to protect all Americans from dangerous pollution and toxic chemicals,” said EDF senior attorney Ben Levitan. “The Trump administration’s Censored Science Rule was a flagrantly unlawful attempt to restrict EPA from using important scientific studies when creating safeguards against health and environmental harms. We’re glad the court recognized that and put a stop to it.”

    “We are thankful that the Biden Administration has decided to prioritize science instead of demonize it,” said Anne Hedges, Director of Policy and Legislative Affairs for the Montana Environmental Information Center. “EPA’s quick action on this rule will make it easier for it to use science to pursue President Biden’s agenda to protect public health and address the climate crisis.”

    Trump EPA Administrator Andrew Wheeler rushed the Censored Science rule to the finish line just days before leaving office. The rule would have undermined the agency’s ability to protect public health and the environment by fundamentally transforming the ways in which EPA may consider scientific evidence. It would have restricted EPA’s ability to use rigorous, peer-reviewed medical research for which underlying data are not publicly available – even when legal and ethical rules, like medical privacy laws, would have prohibited making that data public.

    Wheeler also tried to make the Censored Science Rule effective immediately upon its publication in the Federal Register. However, the law clearly requires that substantive rules have an effective date of “not less than 30 days” after publication. EDF, the Montana Environmental Information Center, and Citizens for Clean Energy filed a lawsuit with the U.S. District Court for the District of Montana challenging Wheeler’s undue haste.

    The court issued an order requiring the legally mandated effective date for the Censored Science Rule after the groups filed that lawsuit. The court also found that the Trump EPA’s legal basis for the Censored Science rule was improper. In accordance with the court’s ruling, the Biden administration requested that the rule be vacated, and today’s decision puts an end to the Censored Science Rule.

  • New Global Platform Connects Small-scale Fishers to Improve Sustainability, Livelihoods

    February 1, 2021
    Tad Segal, (202) 572-3549

    (WASHINGTON – Feb. 1, 2021) A global coalition of partners working in and with small-scale fisheries has launched the Small-Scale Fisheries Resource and Collaboration Hub, or SSF Hub, a multilingual, interactive online platform to strengthen small-scale fisheries governance and community development. The launch of the SSF Hub coincides with the annual meeting of the U.N. Food and Agriculture Organization’s Committee on Fisheries taking place this week, and responds to the FAO’s Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (or SSF Guidelines) to support the livelihoods of small-scale fishers and fishing communities.

    “Fishing is the backbone of coastal and inland fisheries communities around the globe, providing food and nutrition, supporting fishing-related jobs, helping alleviate poverty, sustaining a cultural connection to the sea and freshwater systems, and with a huge influence on biodiversity,” said Dr. Simon Cripps, executive director of Marine Conservation for the Wildlife Conservation Society. “The SSF Hub will connect fishers and other stakeholders around the world to learn from each other, share information and will ultimately promote improved well-being, sustainable use of the sea and improved freshwater and marine nature conservation,” he added.

    Small-scale fisheries make many essential contributions to healthy ocean and freshwater ecosystems, food and nutrition security, livelihoods and poverty alleviation worldwide. The SSF Hub fills a critical need to help fishers and fishing communities share their stories and experiences with their peers around the world and to access the latest innovations and research about small-scale fisheries.

    SSF Hub community members can participate across 20 languages, and they can access online discussion forums, regional and topic-based groups, infographics, practical tools to support local decision-making, videos and case studies. This enables this global small-scale fisheries community to connect and collaborate like never before. The SSF Hub is user friendly — accessible via mobile device or computer — and includes instant translation so the community can interact without language barriers.

    “Having access to information and experiences from around the world contributes to the empowerment of small-scale fisheries actors, allowing them to better engage in or lead decision-making processes about their livelihoods,” said Vera Agostini, deputy director of the Fisheries Division at FAO. “It also allows development partners to learn about each other’s tools and experiences and open up opportunities for the kind of partnerships and synergies we will need to implement the SSF Guidelines.”

    “Fishing and aquatic foods are critical to meeting our global need for nutrition and livelihoods,” said Jenny Oates, Knowledge Development Manager at Blue Ventures. “Nine out of 10 full-time and part-time jobs in the fishing industry are in small-scale fisheries, and about half of the workforce are women. Nearly all the fish caught by small-scale fishers is consumed locally. Small-scale fishers deserve support, and the SSF Hub is one way we can support one another.”

    “I appreciate the Hub because it’s focused on SSF. First time I’ve seen it [a site like this] focused more on the fisher folks,” said Mario Gasalatan, NGO consultant and fisher representative from Cebu City, Philippines.

    The SSF Hub was designed for and with fishers, fish workers and their communities and allies through a participatory process, with the goal of empowering them to share knowledge and learn from one another. Over 100 people from 19 different countries — representing fisher organizations, conservation groups and expert advisers — have provided input throughout the Hub’s development. This valuable collaboration has led to the creation of SSF features such as forums where users can communicate on topics of interest, share stories and ask questions. Hub visitors can also access a library of resources containing case studies, management tools, free online courses and other materials from FAO, NGOs and others. The SSF Hub will be continuously updated with the latest in SSF-friendly technology, research and successes.

    “Through the Hub, the SSF community is taking one more important step toward building capacity worldwide to manage fisheries sustainably so that communities can thrive despite the many challenges they face — from climate change to COVID to food and nutrition security,” said Eric Schwaab, senior vice president for EDF Oceans and Ecosystems programs. “The SSF Hub is designed to give fishers the tools they need to succeed against these and other challenges.”

    The SSF Hub can support delivery of the U.N. Sustainable Development Goals, which include ending poverty, reducing inequality, protecting the planet and ensuring health and well-being. Small-scale fisheries are critical to achieving many of these goals, including helping to alleviate poverty, establish food security, support good health and nutrition and provide economic security to millions of people. Recognizing the role of small-scale fisheries in supporting thriving communities and in achieving the SDGs is an important pathway toward a more sustainable future for all.

  • New Mexico Legislation Will Curb Climate Pollution, Create Jobs and Prioritize a Just Transition for Workers

    January 28, 2021
    Chandler Green, (803) 981-2211, chgreen@edf.org

    (Santa Fe — January 28, 2021) Today, Representatives Melanie Stansbury, Angelica Rubio, Speaker Brian Egolf, Senate President Pro Tem Mimi Stewart, and Senators Carrie Hamblen and Benny Shendo introduced The Climate Solutions Act. This bill will ensure that the state curbs greenhouse gas emissions in line with Governor Michelle Lujan Grisham’s Executive Order, creates jobs and supports a just transition for New Mexico’s workers.

    “This comprehensive bill will build on the leading climate commitments Governor Michelle Lujan Grisham has made over the last few years.

    “By enshrining science-based, emissions targets in statute and directing the New Mexico Environment Department to ensure regulations are in place to meet those reductions, it will protect local communities from the worst impacts of climate change, including worsening heat, drought and water scarcity. Locking those targets into statute will ensure that New Mexico’s efforts on climate change are durable and lasting.

    “The Climate Solutions Act will also play a critical role in rebuilding and diversifying New Mexico’s economy, as the state embarks on the road to recovery from the pandemic. By squarely pointing the state toward a clean energy future and ensuring equitable access to new clean energy jobs, New Mexico can foster a strong, sustainable economy for the next generation.

    “This bill takes an important step toward a just transition in New Mexico, by prioritizing historically disadvantaged communities for high-quality, clean energy jobs. As New Mexico tackles the existential threat of climate change head on, it will need to ensure that frontline communities across the state are at the table and able to play a central role in shaping policy action.”

    • Jon Goldstein, Director of Regulatory & Legislative Affairs at EDF
  • Court Rules Trump Administration’s Censored Science Rule Was Issued Unlawfully

    January 27, 2021
    Sharyn Stein, 202-905-5718, sstein@edf.org

    (Great Falls, MT – January 27, 2021) A federal district court ruled today that the Trump administration was wrong to issue its Censored Science Rule without following proper procedures, and said that its decision also “casts into significant doubt” whether the rule has any legal basis at all.

    The U.S. District Court for the District of Montana’s decision increases the odds that the harmful and highly controversial rule won’t survive lawsuits opposing it, and opens the door for EPA to suspend the rule until the courts finish hearing those lawsuits.

    “The Trump administration broke the law by issuing a harmful rule to censor life-saving medical science, and broke the law again by trying to make the rule immediately effective,” said EDF senior attorney Ben Levitan. “The Censored Science Rule weakens EPA’s ability to protect Americans from dangerous pollution, toxic chemicals and other threats. Today’s ruling delays the rule’s effective date, and also undercuts the legal basis for issuing the rule at all. We’ll also keep fighting to get this rule off the books for good.”

    “This is a great day for science and public health. It’s a relief to have a court agree that the previous administration acted illegally in its parting shot at science and basic public health protections. We can all breathe easier. Literally,” said Anne Hedges, director of policy and legislative affairs for the Montana Environmental Information Center.

    The ruling came on the same day that President Biden issued a memorandum saying that it will be the “policy of my Administration to make evidence-based decisions guided by the best available science and data.”

    Trump EPA Administrator Andrew Wheeler rushed the Censored Science rule to the finish line just days before leaving office. The rule would undermine the agency’s ability to protect public health and the environment by fundamentally transforming the ways in which EPA may consider scientific evidence. It would restrict EPA’s ability to use rigorous, peer-reviewed medical research for which underlying data are not publicly available – even when legal and ethical rules, like medical privacy laws, would prohibit making that data public.

    Wheeler tried to make the Censored Science Rule effective immediately upon its publication in the Federal Register. However, the law clearly requires that substantive rules have an effective date of “not less than 30 days” after publication. If Wheeler had followed the proper protocols, the rule would not yet have been effective when the Biden EPA took over. Wheeler’s end run around the proper procedures was an effort to tie the hands of the incoming administration.

    EDF, the Montana Environmental Information Center, and Citizens for Clean Energy filed a lawsuit with the U.S. District Court for the District of Montana challenging Wheeler’s undue haste. The groups also argued that rule was “substantive” even though it was issued under a statute that cannot be used for substantive rules.

    Today the court granted the groups’ motion for summary judgment, and sent a strong signal that it is inclined to find the rule unlawful on the merits, saying:

    “The Court’s above determination that the Final Rule represented a substantive rule rather than procedural rule casts into significant doubt whether EPA retains any legal basis to promulgate the Final Rule.” (Decision, page 30)

    Today’s decision also allows the groups to petition the Biden EPA to stay the rule during the rest of the litigation.

  • EDF Hails Biden’s Bold Push to Confront the Climate Crisis while Strengthening the Economy and Addressing Injustice

    January 27, 2021
    Raul Arce-Contreras, (240) 480-1545, rcontreras@edf.org

    President Joe Biden took significant action today to combat the climate crisis, building on the steps he took his first day in office.

    “President Biden’s bold and decisive action today again makes clear he is serious about restoring and strengthening American leadership on climate solutions. The administration’s commitment to rapidly cut climate pollution, create good jobs now and in the future, and build healthier communities—especially communities of color unfairly burdened by pollution—demonstrates significant progress in the fight to protect our climate.

    “In particular, the Biden administration’s actions to take a whole-of-government approach to climate change, prioritize environmental justice as an integral part of climate policy and return to science-based decision making signal the U.S. will lead on strong, inclusive climate action. They will also make climate change central to U.S. foreign policy, and ensure that federal agencies address the national security threats posed by our warming planet. President Biden can continue this strong leadership by setting a nationally determined contribution to the Paris Agreement in the range of 50% emissions cuts below 2005 levels by 2030. 

    “For too long, our government not only accepted, but contributed to environmental injustice. President Biden is showing strong leadership by focusing the resources and attention of the federal government on the environmental injustices faced daily by many people of color and low-income Americans. These frontline communities who, as a result of discrimination in housing, zoning and economic opportunity, are more likely to live near power plants, incinerators, ports, factories and other hubs of toxic pollution, have been especially put at risk as pollution rules were ignored or unenforced under the Trump administration. Fortunately, with today’s orders President Biden seeks to not only repair this damage, but to prevent future injustices and build back better. 

    “By establishing an Interagency Working Group to revitalize coal and other fossil fuel communities, President Biden is taking critical action to ensure that these communities are not left behind in the clean energy transition—and receive the investments and support they need to harness new economic opportunities.“President Biden’s announcement that the federal government will lead by example by prioritizing buying zero emitting cars and trucks and clean power is a strong market signal that will create American jobs, reduce air pollution and health disparities, and lead to important reductions in climate pollution. 

    “President Biden’s temporary moratorium on new leases on federal lands is a sensible policy that buys us time to ensure drilling does not derail our path toward a clean energy economy. 

    “Conserving 30% of the U.S. by 2030 is an ambitious goal to protect America’s lands, water and wildlife - and if done well can provide durable and equitable benefits to people, biodiversity, and habitats.

    “The focus on bringing back scientific integrity into policymaking via the Scientific Integrity Presidential Memorandum and the re-establishment of the Presidential Council of Advisors on Science and Technology are all important and a much needed reversal over the last four years. Ensuring that strong science underpins all of the work of the federal government is critical to meeting the many serious challenges we face. Reinstating the centrality of science and the prominent role of scientific advisors to the work of government and the need to protect the integrity of the processes used to bring science to bear is fundamental to meeting our climate goals and ultimately protecting the health and well-being of Americans with more vulnerabilities.

    “After four years of President Trump, the Biden administration knows we need to do much more than turn the clock back to 2016. We need to leap ahead with bold steps to address the climate crisis and build healthier communities and a more equitable society. It is truly impressive to see the administration seize the opportunity to do just that.”

    • Fred Krupp, President of Environmental Defense Fund

    For more on today’s executive actions, read our post EDF experts weigh in: President Biden’s executive actions on climate.

  • BPU Approves Weak PSE&G Settlement

    January 27, 2021
    Debora Schneider, (212) 616-1377, dschneider@edf.org

    (TRENTON, NJ – Jan. 27, 2021) Four environmental groups today responded to the New Jersey Board of Public Utilities’ (BPU) approval of a partial settlement of Public Service Electric & Gas Company’s (PSE&G) Clean Energy Future Electric Vehicle and Energy Storage Program. The settlement includes a $166.2 million investment in light-duty electric vehicle infrastructure, but delays any action on the critically important medium- and heavy-duty vehicle and energy storage portions of PSE&G’s original 2018 proposal.

    Environmental Defense Fund, Natural Resources Defense Council, Sierra Club and Environment New Jersey filed comments for the BPU’s review of the proposed settlement, voicing concern at the watered-down initiative. PSE&G’s original proposal included $261 million for light-duty and medium- and heavy-duty electric vehicles as well as energy storage. In the proceeding, these organizations advocated for a more robust light-duty program, and more meaningful progress to lay the groundwork for medium- and heavy-duty vehicle electrification. At a time when the New Jersey legislature and the BPU’s sibling agencies are taking steps to encourage fleet owners to purchase electric buses and trucks, this partial settlement increases the likelihood that the lack of charging infrastructure will continue to undermine those efforts.

    **

    “Medium- and heavy-duty vehicles are responsible for a disproportionately large amount of harmful emissions that negatively impact New Jersey’s public health,” said Elizabeth B. Stein, Lead Counsel, Energy Transition Strategy at Environmental Defense Fund. “While this proposal lays the groundwork to address pollution by electrifying transportation, the settlement parties and the Board have missed an important opportunity to address diesel truck and bus pollution in some of New Jersey’s most overburdened communities.”

    “This settlement does not match the scale and scope of investment needed to achieve New Jersey’s ambitious climate goals,” said Kathy Harris, Clean Vehicles and Fuels Advocate at NRDC. “The transportation sector is by far the largest emitter of harmful greenhouse gases in New Jersey. While the state has set bold climate targets, we need an all hands-on deck approach. If New Jersey is going to achieve its climate goals, utilities must step it up – and fast.”

    “The biggest source of air pollution and GHGs in New Jersey comes from the transportation sector. The BPU needs to be accelerating our electric vehicle programs, especially infrastructure. The lack of infrastructure leads to range anxiety, so instead of moving forward this settlement has us stuck in first gear,” said Jeff Tittel, Director of the New Jersey Sierra Club. “We’re never going to meet our state goals for electrifying cars and trucks unless the BPU removes the roadblocks in the way. They need to lead when it comes to building the infrastructure we need to help create green jobs and move our green economy forward. This is especially important in Environmental Justice and low- and moderate-income communities.”

    “The legislative mandate of the EV bill, the Clean Cars Act and the electric truck MOU creates a steep road forward to accelerate vehicle electrification and we need to use those aggressive benchmarks to guide our policy,” said Doug O’Malley, director of Environment New Jersey. “We advocated for the inclusion of investments for the electrification of medium and heavy-duty vehicles that was initially part of this settlement because the charging infrastructure for trucks, transit and school buses is a stumbling block on the path towards electrification. It is critical for NJBPU and utilities to prioritize these investments moving forward.”

  • Two New Reports Confirm the Dramatic Benefits of Zero Emitting Vehicles – More Jobs, Less Pollution, Consumer Savings

    January 26, 2021
    Sharyn Stein, 202-905-5718, sstein@edf.org

    (Washington, D.C. – January 26, 2021) Two new reports that Environmental Defense Fund has released or commissioned show the significant opportunity that clean cars have for America’s public health, environment, and jobs.

    “Automakers are investing in zero-emitting vehicles, models are increasing and costs are rapidly declining,” said EDF senior director of transportation and methane policy Peter Zalzal. “These dramatic shifts in the market underscore the enormous opportunity associated with protective clean car standards and complementary societal investments. Eliminating climate and health-harming pollution from new cars can boost jobs, save consumers thousands of dollars, and save thousands of lives.”

    Today, EDF released the report Clean Cars, Clean Air, Consumer Savings. It evaluates the benefits associated with pollution standards and complementary societal investments that ensure all new passenger vehicles sold by 2035 are zero-emitting.

    Key findings include:

    • By 2030, the buyer of a new battery electric vehicle will save more than $7,200 over the life of the car compared to a gasoline-powered car. A new 2030 battery electric vehicle will also deliver nearly $8,000 in additional societal benefits as a result of reduced climate and particulate pollution, which will increase the total net benefits to more than $15,000 per vehicle.
    • By 2040, these pollution safeguards will reduce annual climate pollution by 600 million metric tons and also significantly reduce smog and particulate pollution – dangerous substances that disproportionately burden people of color.
    • The reductions in smog and particulate pollution will prevent as many as 5,000 premature deaths each year by 2040 – and a total of 98,000 lives saved by 2050.
    • By 2050, these safeguards will deliver more than $100 billion in net societal benefits each year and provide $1.6 trillion in cumulative net benefits to Americans by 2050 – almost 10% of the U.S. gross domestic product.

    You can read the full report here.

    M.J. Bradley and Associates also released its latest Electric Vehicle Market Status Report yesterday. It’s the third in a series of reports EDF has commissioned to track the current status and projected growth of the U.S. electric vehicle industry, including light, medium and heavy-duty vehicles.

    The updated report found that “the automotive industry has embraced the vision of electrified mobility and that the [electric vehicle] market is on the cusp of a period of significant growth.”

    According to the report:

    • Carmakers worldwide will spend more than $257 billion through 2030 developing new electric models, including more than $22 billion to open new or renovated plants in the U.S.
    • The electric vehicle industry employed almost 130,000 people across the U.S. in 2019. (That number more than doubled when jobs associated with hybrids and other types of clean cars were included.)
    • The expected new or renovated U.S. plants will directly employ another 24,000 people.
    • California, Michigan, and Texas are currently the top three states for clean vehicle jobs.
    • Between 2021 and 2023, the number of electric cars available to U.S. consumers will increase from 60 to 76, and will include SUV’s and pick-up trucks.
    • At least four of those models will cost less than $30,000 without factoring in federal or state incentives.
    • In 2021, there are 44 medium-duty electrified models, 24 heavy-duty models, and over 40 bus models offered across a range of vehicle vocations, and this number will continue to grow in coming years.
    • The cost of batteries for electric cars has fallen dramatically – from more than $1,000 per kilowatt-hour in 2010 to approximately $137 per kilowatt-hour in 2020. By 2030, they are expected to be as low as $61 per kilowatt-hour.

    You can read the full report here.

  • EDF, EWG, and Sierra Club Sue over Trump EPA’s Unscientific and Unlawful Decisions on Dangerous Chemical

    January 26, 2021
    Sam Lovell, (202) 572-3544, slovell@edf.org

    Today, Environmental Defense Fund, Environmental Working Group and Sierra Club filed a legal challenge to the deeply flawed assessment of the dangerous chemical 1,4-dioxane issued in the closing days of the Trump Administration by the Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA).

    The risk evaluation ignores major ways people are exposed to the chemical – including through drinking water and on-the-job exposure of millions of workers – despite clear requirements in the law to evaluate those exposures. EPA also illegally failed to analyze the greater risk faced by some groups of people, including children, workers and communities near sources of release of 1,4-dioxane.

    1,4-dioxane is a likely human carcinogen that is toxic to the liver, kidneys, and central nervous system. Across the country, it contaminates the drinking water of more than 8 million people in 45 states at levels exceeding health guidelines. The chemical also frequently contaminates many common products – from antifreeze to household cleaners and detergents – used by workers as well as consumers.

    “The risk evaluation for 1,4-dioxane clearly illustrates the former administration’s disregard for the law and its contempt for public health protection by drastically – and unlawfully – understating the risk posed to our health by this chemical,” said Dr. Richard Denison, EDF Health Lead Senior Scientist. “As we work to chart a new course on chemical safety under the Biden Administration – one that protects everyone – it is vital that the dangerous, illegal actions of the Trump EPA are overturned, which is why we are bringing this challenge in the courts.”

    “The 1,4-dioxane risk evaluation exemplifies how the Trump EPA cooked the books on chemical safety,” said Melanie Benesh, legislative attorney at Environmental Working Group, “the Trump EPA dramatically and unlawfully underestimated public health risks by ignoring exposures from drinking water, air, and consumer products and failing to protect vulnerable populations like children and workers. EWG is joining this action to ask the courts to hold the former administration accountable for turning a blind eye to the clear public health risks from 1,4-dioxane, overturn its unlawful actions, and ensure that the incoming administration is able to take regulatory actions that protect everyone from the risks of known dangers like 1,4-dioxane.” 

    “The Trump EPA’s assessment ignored the fact that people can be exposed to 1,4-dioxane through multiple sources in a single day. Millions of people have daily contact with 1,4-dioxane in things like household cleaners and body care products, in addition to drinking or bathing in contaminated water,” said Eric Uram, chair of Sierra Club’s Grassroots Toxics Committee. “We need an agency that is truly committed to following the law and protecting those most impacted by chemical hazards. This means ensuring that people’s real-world exposures are safe.”

    The petition for review of the 1,4-dioxane risk evaluation was filed in the Ninth Circuit Court of Appeals. This is the third lawsuit filed challenging TSCA risk evaluations that were finalized during the Trump Administration. The groups filing the lawsuit are represented by the public interest law firm of Shute, Mihaly & Weinberger LLP in San Francisco.   

  • EDF Welcomes BlackRock’s New Action on Climate

    January 26, 2021
    Cristina Mestre, (212) 616-1268, cmestre@edf.org

    In his annual letters to CEOs and clients, Larry Fink, the head of BlackRock, the world’s largest asset manager, today called on businesses across the economy to reach net zero emissions by 2050.

    “Against all odds, 2020 was a milestone year for net zero commitments from major corporations. It is critical that 2021 becomes the year when pledges give way to tangible progress, especially in the investor community — where the race is on for climate leadership.

    “BlackRock’s commitment to disclose which of its assets are aligned with net zero and its call for companies to deliver net zero transition plans are critical steps forward and welcome responses to investor demand. The growing expectation of asset owners, both institutional and individual, is that asset managers will transparently deploy every tool in the toolkit to tackle climate risk and improve returns.

    “Government action is essential to help companies decarbonize and remain investible through the transition to net zero. That’s why Wall Street has an important opportunity – and self-interest – in actively supporting policy and regulatory measures to speed the net zero transition in high-impact sectors like oil and gas, transportation and power.

    “Going forward, skyrocketing demand for climate friendly investment products must be met by supply that meets rigorous standards for climate leadership. Improved disclosure is fundamental – but to be eligible for inclusion in credible climate-aligned financial products, companies will need to match transparency with net zero transition plans, performance, and policy advocacy.”

    - Fred Krupp, President, Environmental Defense Fund