Complete list of press releases

(SANTA FE, N.M.) New Mexico’s Oil Conservation Commission (OCC) today adopted new enforcement rules that will improve oversight of the state’s booming oil and gas industry. These rules restore the power of the Oil Conservation Division (OCD) – the state’s primary oil and gas regulator – to assess administrative fines on oil and gas operators for violations.

This rulemaking was made possible by the passage of House Bill 546 last March, which marked the first major legislative reform of the state’s oil and gas industry in over a decade. The OCD lost administrative enforcement authority following a New Mexico Supreme Court ruling in 2009. A 2019 report found that oil- and gas- related spills and violations increased nearly 100% over the subsequent 10 years, while fines levied against operators dropped to zero in 2018.

“Restoring New Mexico’s ability to protect its air and water resources, while safeguarding the health of the state’s children and families is a crucial step forward. The Oil Conservation Commission’s action today will benefit communities across the state and is indicative of the Lujan Grisham administration’s efforts to turn policy priorities into meaningful action for the people of New Mexico.”  

• Jon Goldstein, Director of Regulatory & Legislative Affairs, Energy

(Washington, D.C. – January 16, 2020) Environmental Defense Fund is asking the U.S. Court of Appeals for the D.C. Circuit to protect people in downwind states from dangerous pollution in two parallel cases.

The cases both involve the “Good Neighbor” provisions of the Clean Air Act. Under those provisions, EPA must safeguard downwind states against smog-forming pollution from coal-fired power plants and other sources in upwind states. However, the Trump EPA has repeatedly refused downwind states’ requests for help.

“Smog does not respect state lines. The states that are struggling to reduce smog are often undermined by polluted air from their neighbors,” said EDF attorney Liana James. “Smog can cause asthma attacks, lung damage and premature death. EPA should enforce the Good Neighbor provisions of the Clean Air Act so states get the help they need to protect families.”

This morning, the D.C. Circuit will hear oral argument about EPA’s denial of Good Neighbor petitions from Maryland and Delaware. The two states asked EPA for help with smog blowing across their borders from coal plant smokestacks in upwind states, but the agency refused. Maryland and Delaware are suing to force EPA to reconsider that decision.

The states of New Jersey and New York and the city of New York are intervening on their behalf, as are EDF, the Adirondack Council, Chesapeake Bay Foundation, Chesapeake Climate Action Network, Clean Air Council, Environmental Integrity Project and Sierra Club. Oral argument begins at 9:30 this morning before Judges Garland, Henderson and Katsas.

Argument in that case happens just days after EDF and its allies filed a brief with the D.C. Circuit in a second lawsuit against EPA over smog-forming pollution from upwind states. New York, New York City and New Jersey also asked for help under the Good Neighbor provisions of the Clean Air Act and EPA denied their petition.

EDF, the Adirondack Council and Sierra Club are intervening in that case in support of the states. The groups filed their opening brief with the D.C. Circuit on Tuesday.

In it, they state:

“EPA’s decision disregards the Clean Air Act’s “central object” — the timely attainment of air quality standards to reduce health and environmental harms — andabdicates the federal responsibility built into the Act to assist downwind states suffering from transboundary pollution … EPA’s Denial of New York’s petition is unlawful and unreasonable and should be set aside.” (Brief, page 1)

The Trump administration’s damaging plan to roll back our nation’s popular and successful Clean Car Standards has just been sent to the Office of Management and Budget – a big step toward finalizing it. (See it here and here).

EDF released the following statement:

“Rolling back our Clean Car Standards will hurt America. Clean cars reduce dangerous air pollution, strengthen our energy security by conserving oil, and save families hard-earned money at the gas pump. Investing in cleaner cars means more American jobs and a stronger economy. The Trump administration should hit the brakes on this deeply harmful rollback.”

– Martha Roberts, EDF senior attorney

“Larry Fink has redefined what it means to lead on climate change in the finance sector. In his annual letter to CEOs, BlackRock’s chief executive not only called on publicly traded corporations to profoundly reassess and disclose climate risk. He went much further – announcing a set of specific steps that will hold his management teams accountable for sustainability progress, launch new funds to advance the clean energy economy, and exit investments, including coal production, that pose severe climate risk. Reallocation of capital and recognition that “climate risk is investment risk,” as he wrote, brings a new level of transparency to the finance sector—and has the potential to drive the entire sector in the right direction.

“After an InfluenceMap report last year shed light on the need for more transparent and ambitious climate leadership by leading asset managers, today’s news could mark the start of a real turning point on Wall Street and lead other major players, including Vanguard, State Street and Fidelity, to follow suit. BlackRock’s welcome move follows recent announcements from Goldman Sachs and Credit Suisse, both of which committed to stop financing new coal-fired power plants.

“Ultimately, the real leaders will emerge based not only on their ability to turn commitments into results, but also on their willingness to use the most powerful tool they have to fight climate change: their political influence. As Fink said today, governments must lead the way in transitioning to a low-carbon world, but companies and investors have a “meaningful role to play.” Indeed they do – by advocating for climate policy, directing trade associations to do the same, and allocating political spending to advance climate action. Larry Fink’s statement today was more than an important step in the right direction. It just might prove to be historic.”

- Fred Krupp, President, Environmental Defense Fund

(New York City – January 14, 2020) The United States Court of Appeals for the Second Circuit heard arguments today that could decide whether the Trump administration must release important information related to its proposed rollback of America’s popular and successful Clean Car Standards.

Environmental Defense Fund and Natural Resources Defense Council asked the Second Circuit to reconsider a lower court decision that allowed the administration to withhold that information – which may refute the faulty justification for the proposed rollback.

“The Trump administration’s attacks on the Clean Car Standards could undo one of the most important steps our country has ever taken to protect us from climate change – a step that also saves families money and reduces dangerous air pollution,” said EDF senior attorney Martha Roberts. “The American public has a right to know about the deeply damaging proposal to roll back the Clean Car Standards and any flaws in the analyses used to justify it. We’ll keep fighting to shine a bright light on the Trump administration’s actions.”

The Clean Car Standards reduce pollution while saving Americans hard-earned money at the gas pump. The Trump administration is proposing to roll back the standards and instead require zero progress in reducing climate pollution from cars, SUVs and passenger trucks over the next six years. The administration’s own analysis concluded that this approach would add more than seven billion tons of carbon dioxide emissions to the atmosphere by 2100.

Trump’s EPA is also refusing to let the public see a key computer model that may weaken the administration’s argument for a rollback.

That technical analysis is derived from the OMEGA model, a computer model long used to assess clean car protections. EPA made previous versions of the OMEGA model public as a matter of course, but it is refusing to release the latest version – which EPA records indicate would show the current Clean Car Standards can be achieved by automakers at a substantially lower cost than alleged by the administration.

EDF and NRDC filed a lawsuit after EPA failed to release information about the latest OMEGA model under the Freedom of Information Act. In August, the U.S. District Court for the Southern District of New York declined to require EPA to disclose those records.

“The Trump administration’s effort to punch loopholes into long-standing protections under the National Environmental Policy Act would put communities at risk and worsen climate change. The Trump administration has a legal and moral duty to protect all Americans, especially our children, from climate pollution and industrial environmental threats. This unlawful and dangerous action takes our country in the wrong direction.”

- Vickie Patton, EDF General Counsel

(NUEVA YORK, NY) Mientras que Puerto Rico lucha por recuperarse de una reciente serie de terremotos, el más fuerte de la categoría 6.4 en la escala de Richter, la Administración Trump está reteniendo los fondos asignados por el Congreso a la isla casi hace un año. El dinero, bajo la jurisdicción del Housing and Urban Development Administration, estaba destinado a apoyar la recuperación y la reurbanización en Puerto Rico a raíz del huracán María de 2017.

La mayor parte de Puerto Rico ha estado sin electricidad durante más de 36 horas. La Autoridad de Energía Eléctrica de Puerto Rico (AEE) ha devuelto la electricidad a medio millón de residentes de la isla y ha prometido restablecer el servicio a los otros 2.5 millones de residentes rápidamente, pero puede tomar semanas para que algunos puertorriqueños recuperen su servicio eléctrico. Las plantas de energía principales de la isla, Costa Sur y EcoEléctrica, fueron dañadas y casi 300,000 residentes están escasos de agua. Dadas las vulnerabilidades de la red eléctrica de Puerto Rico después del huracán María, existe una necesidad urgente de transformar su red eléctrica en un sistema de energía más moderno, resiliente y distribuido.

“El huracán María nos enseñó que Puerto Rico necesita estar preparado para eventos catastróficos al tener un sistema eléctrico que pueda apoyar a sus residentes y sus necesidades. Los recientes terremotos son prueba de que queda mucho por hacer. Los líderes locales deben movilizarse ahora para mejorar las reglas que aseguran que las comunidades en Puerto Rico tengan acceso a electricidad confiable y asequible, y se pueda crear resiliencia tanto como en las comunidades como en el sistema eléctrico de Puerto Rico “.

“La presencia de FEMA en Puerto Rico en este momento es solo una medida temporal. Los fondos federales, que todavía no se han otorgado, son lo que hara la diferencia para crear comunidades resilientes y una solución a largo plazo a la crisis energética de la isla. Es política sucia retener dinero destinado a proteger la vida de las personas en tiempos de crisis; la administración Trump debería liberar estos fondos para resiliencia de inmediato”.

• Agustín Carbó, Gerente Principal, Microrredes

Environmental Defense Fund está desarrollando un proyecto innovador para demostrar la viabilidad de incorporar recursos de energía distribuida, a través de sistemas como microrredes, en el sistema eléctrico de Puerto Rico. Estas mini estaciones de servicio de energía se alimentan de energía solar y funcionan respaldadas por almacenamiento de batería y software inteligente, que al mismo tiempo reducen la dependencia de los combustibles fósiles. Vinculados a la red más grande, y asegurando la entrega de energía asequible, limpia y confiable todos los días, estos sistemas pueden diseñarse para separarse también de la red durante emergencias para mantener las luces encendidas en partes remotas de la isla. Para más información, visite www.edf.org/PuertoRico.

(NEW YORK, NY) While Puerto Rico struggles to recover from a recent spate of earthquakes, the strongest one a category 6.4 on the Richter scale, the Trump Administration is holding back funds Congress appropriated for the island almost a year ago. The money, under the jurisdiction of the Housing and Urban Development Administration, was intended to support recovery and redevelopment in Puerto Rico in the wake of 2017’s Hurricane Maria. 

Most of the island has now been without electricity for more than 36 hours. The Puerto Rico Electric Power Authority (PREPA) has returned electricity to half a million residents throughout the island and has promised to restore service to the other 2.5 million residents quickly, but it may take weeks for some Puerto Ricans to get their power back. The island’s principal power plants, Costa Sur and EcoEléctrica, were damaged and nearly 300,000 residents are experiencing water shortages. Given the vulnerabilities of Puerto Rico’s electric grid after Hurricane Maria, there is an urgent need to transform its electric grid into a more modern, resilient and distributed energy system.

“Hurricane Maria taught us that Puerto Rico needs to be prepared to withstand catastrophic events by having an electric system that can support its residents and their needs. These recent earthquakes are proof that much remains to be done. Local leaders must take action now to improve the rules that ensure reliable, affordable electricity, and build resiliency in Puerto Rico’s communities.”

“FEMA’s presence in Puerto Rico at the moment is only a temporary measure. The real difference in building resilient communities and providing a long-term solution to the island’s energy crisis needs to come from federal funds that have yet to be released. It’s dirty politics to withhold money intended to protect people’s lives in a time of crisis; the Trump administration should release these resilience funds immediately.”

• Daniel Whittle, Senior Director, Caribbean Initiatives

Environmental Defense Fund is developing an innovative project to demonstrate the feasibility of incorporating distributed energy resources, through systems such as microgrids, into the system. These mini-energy service stations fuel up on solar power and run backed by battery storage and intelligent software, while reducing reliance on fossil fuels. Linked to the larger grid — ensuring the delivery of affordable, clean and reliable energy every day — these systems can be designed to also separate from the grid during emergencies to keep the lights on in remote parts of the island. For more information, visit www.edf.org/PuertoRico.

Today, Representative Frank Pallone, Chairman of the House Energy and Commerce Committee, and Subcommittee chairs Representatives Bobby Rush and Paul Tonko, released their framework for a comprehensive climate change bill.

Environmental Defense Fund advocates bold action to reduce climate pollution and achieve a 100% clean future for the United States and the world.

“Climate change is damaging America’s economy, health, and national security. Chairman Frank Pallone and Representatives Rush and Tonko are demonstrating leadership by putting forward this framework and committing to a transparent process for legislative action that will reduce emissions and tackle the challenge of climate change; protect communities and families; and promote clean energy jobs and a strong American economy. EDF looks forward to working with the Committee as it develops bold, durable legislation.”

-Elizabeth Gore, Senior Vice President, Political Affairs, Environmental Defense Fund

(WASHINGTON – Jan. 7, 2020) New rules by the National Oceanic and Atmospheric Administration have gone into effect on Jan. 1 to increase protections to deep-sea ecosystems by creating one of the largest marine protected areas off the U.S. West Coast while simultaneously re-opening newly restored fishing grounds.

The implementation of the rules, originally passed by the Pacific Fishery Management Council and approved by NOAA Fisheries last November, comes after months of negotiations between fishermen, environmentalists and other stakeholders to create what one called a “grand bargain” covering some 135,000 square miles of open ocean — an area twice the size of Washington state.

In addition to the historic closures of sensitive ecosystems, the rules, known as Amendment 28, reopen about 2,000 square miles of grounds that had been closed to foster rebuilding of overfished rockfish species. Now that the species has been rebuilt, the areas can be reopened for sustainable fishing under tightened rules that provide greater accountability. This will give fishermen added flexibility to fish for a variety of species within their allotted quotas.

Amendment 28’s passage comes as a result of collaboration between NOAA, industry, conservation groups and fishermen in a shared commitment to preserve marine ecosystems benefiting all.

“This shows that people and nature can prosper together when we work cooperatively across different interests,” said Shems Jud, Pacific regional director for Environmental Defense Fund Oceans program. “Preserving coastal areas benefits both the environment and fishing communities that rely on this natural resource. Implementation of this rule shows that conservation and sustainable fishing practices can go hand in hand.”

The new rules will provide bottom trawl fishermen with access to recovered groundfish stocks in areas that had been closed since the rockfish conservation area was established in 2002; the amendment includes additional protections for sensitive habitat within active trawl areas, as well as precautionary closures outside these areas.  

“There is something here for everyone, and it is possible only because many fishermen sacrificed and participated in the planning to bring the groundfish fishery back,” said Ryan Wulff, assistant regional administrator for sustainable fisheries in NOAA’s West Coast region. “This will provide more flexibility for a fishing fleet that has demonstrated its responsibility, and at the same time protect deep-water habitats that we are only beginning to learn about.”

Extending the marine protected areas under Amendment 28 will increase West Coast ecosystem protection, as well as provide more flexibility and access for sustainable bottom trawling fishermen.

EDF has worked alongside NOAA Fisheries and West Coast industry groups extensively to establish Amendment 28 and continues work in West Coast fisheries to balance both ecological and economic goals and needs.

“We have known for a long time that our nation needs to reduce the amount of dangerous pollution from heavy-duty trucks and buses. Environmental Defense Fund and many others formally petitioned EPA to take protective action. Several states have been working on standards to protect millions of people from the oxides of nitrogen (NOx) pollution that contributes to unhealthy smog and the greenhouse gases that cause climate change. We need serious national leadership to protect all Americans.

“NOx pollution is a main component of smog. It has been linked to asthma attacks and other serious and sometimes fatal lung diseases. It is particularly dangerous for children and for anyone living near a highway or busy road, which means it disproportionately harms low income Americans and communities of color that have been afflicted with harmful pollution for far too long. The transportation sector is responsible for almost 60 percent of the NOx pollution in America and is the single largest source of climate pollution, and heavy-duty trucks are a major source of both dangerous NOx and climate pollution.

“EDF will be engaging in the rulemaking initiative that EPA Administrator Andy Wheeler announced today to ensure it protects all Americans and is anchored in collaboration with the leading states. Will EPA achieve meaningful reductions in the smog and climate pollution that is putting public health at risk? Will EPA protect the communities most affected because of their location near pollution hot spots by major roads? Will Trump’s EPA work with the numerous states that are already trying to protect millions of people from heavy-duty truck pollution, or will its proposal interfere with the states’ efforts? Will EPA support the development of the zero-emission technologies that will be crucial for making lasting progress toward protecting human health and the environment?

“EPA’s update to our nation’s heavy-duty truck standards must achieve science-based real world progress toward reducing unhealthy smog and climate pollution to protect the health and well-being of all Americans.”

- Vickie Patton, EDF General Counsel

(SACRAMENTO, CA – Jan. 3, 2020) Gov. Gavin Newsom released a draft water resilience portfolio today that aims to improve the state’s capacity to better withstand and recover from climate-related shocks and adapt into the future.  

“EDF is encouraged to see the Newsom administration lean in to build climate resilience into California’s overtaxed water supply system. The draft water resilience portfolio released today has an appropriate emphasis on ensuring all Californians have access to clean drinking water and puts forth an ambitious agenda that balances the many uses of California’s water, including enhancing and protecting the fish and wildlife that depend on our streams, rivers and wetlands. We look forward to working with the administration to strengthen the environmental measures outlined in the portfolio and then quickly moving forward to implement the highest priorities.”

• Maurice Hall, Associate VP, Ecosystems – Water, Environmental Defense Fund

“Reports withheld from the public until New Year’s Eve show that members of a top EPA advisory board – many of whom were appointed by the Trump administration – found serious scientific flaws in Trump EPA proposals to unravel life-saving pollution limits.

“EPA’s Science Advisory Board looked at proposed rule changes that would undermine safeguards limiting toxic pollution from coal plant smokestacks, weaken protections against pollution from cars and light-duty trucks, and block the best science from being used to protect the American people. The board’s reviews show that the proposed rule changes are not based on rigorous science, as required by law, but rather are designed to serve the interests of a few while ignoring the interests of most Americans – and particularly the most vulnerable among us.

“The administration delayed releasing those Science Advisory Board reviews for months, and made them public only today – on New Year’s Eve. It’s clear that 2019 is ending as it began, with the Trump administration sidelining science and attacking the safeguards that protect American families from pollution.

“EPA Administrator Andrew Wheeler must immediately withdraw these unlawful proposals that threaten the health and well-being of all Americans.”

- Vickie Patton, EDF General Counsel

(BELMOPAN, Belize – Dec. 20, 2019) The country of Belize, a global leader in ocean conservation, today took a critical step by taking key action to adopt a national law to protect its ocean waters from inadequately managed fishing, said Environmental Defense Fund.

The enactment of this law will put in place a strong foundation for effective fisheries management, including approaches that will work to protect coral reef ecosystems in the face of climate change. Belize joins Cuba and Japan in adopting sweeping reforms of their foundational fisheries management laws, all completed since December 2018. The new law, called Fisheries Resources Bill, had a first reading today in the National Assembly, with follow-up passage expected in early next year.

After many years of work to protect the Western Hemisphere’s largest barrier reef, Belize has emerged as a global leader in ocean conservation with a recent commitment to expand its marine protected areas and the establishment of a national fishing rights system. EDF has partnered with the Belizean government, local fishers and NGO partners since 2011, creating pilot programs and facilitating community engagement in order to help the country move toward sustainable fisheries and the conservation of important marine natural resources.

“As a Belizean, I am proud that my country has created a system that empowers fishermen and women to serve as the stewards of their natural resources, ensuring their ability to provide for their families now and in the future,” said Nicanor Requena, Belize program manager, EDF. “This new law will help Belize continue to rebuild our fish populations and strengthen our reef ecosystem as climate change begins to impact the ocean.”

The new law will solidify new scientific processes for monitoring and managing fish populations; establish more robust enforcement measures for illegal fishing, including vessel monitoring system technology; and formalize legal definitions for the nation’s innovative Managed Access approach. It will also create a national council made up of key stakeholders including fishers, NGOs and others, to review management plans and other fisheries’ actions. 

Established in 2016, the Managed Access approach is a nationwide fishing rights program and the first of its kind in the world. Under Managed Access, fishers and fishing communities control their future through licenses, giving them access to fish in specific geographic areas of the fishery, and responsibilities to help manage the areas and observe regulations. Belize has seen a dramatic drop in illegal fishing and an improvement in the health of its reefs since Managed Access was established.

“This new law is a continuation of Belize’s commitment to protect both its vibrant reefs and its fishing sector by empowering our communities with the right tools,” said Beverly Wade, Belize fisheries administrator. “Through community engagement, better enforcement and our Managed Access approach, our healthier ocean waters will help us reduce poverty, improve food security and increase investment in Belize.”

The Belize Barrier Reef Reserve System is a UNESCO World Heritage Site and hosts a diverse array of mangroves, corals, seagrass, cays, as well as populations of conch, lobster and reef fish. According to a recent Mesoamerican Reef Report Card by Healthy Reef for Healthy People, Belize’s no-take zones show growing fish populations and biodiversity.

“Belize is an example to the world,” said Eric Schwaab, senior vice president for the Oceans Program, EDF. “Their continued commitment to conservation that considers the needs of people and nature is exactly the kind of approach we need to end overfishing and make our oceans more resilient to the increasing effects of climate change.”

(CHICAGO, IL) After more than a year awaiting a decision, the Federal Energy Regulatory Commission (FERC) today issued an order that rewards inefficient, higher polluting power plants that can’t compete in the PJM wholesale electricity market, which spans portions of Illinois, parts of 12 other states and the District of Columbia. In Illinois alone, FERC’s decision is expected to increase consumer costs by $864 million, according to a report from Grid Strategies, LLC.

“This decision by federal regulators underscores the urgent need for members of the Illinois General Assembly and Gov. Pritzker to take swift action on the Clean Energy Jobs Act, which will lower bills for consumers, create jobs and empower Illinois to take control of its energy future. Rather than be stuck with an obsolete system imposed by out-of-state decision-makers, it’s time for to Illinois set its own course by developing an energy mix that prioritizes carbon-free resources and puts money back in the pockets of consumers.”

• Christie Hicks, Senior Attorney and Manager, Clean Energy Regulatory Implementation

Today’s decision pertains to PJM’s capacity market, which is used to ensure there’s enough power reserves in the region to maintain reliability during extreme weather or other unplanned events. Many states within PJM have set aggressive clean energy targets, using rebates, credits and other incentives to encourage the deployment of clean energy and to compensate these resources for their environmental benefits to society.  Under the Clean Energy Jobs Act (SB2132/HB3624), the Illinois Power Agency would be put in charge of running Illinois’ own capacity auction, rather than relying on PJM’s market.