Complete list of press releases

“This week, both House and Senate subcommittees will have a chance to ask EPA Administrator Andrew Wheeler about the shockingly small budget proposed for his agency in President Trump’s 2020 budget – and they should ask some hard questions.

“Subcommittee members should ask Mr. Wheeler why his agency is weakening the newly reformed chemical safety law, why EPA actions against criminal polluters have dropped dramatically under the Trump administration, and why he is seeking to undermine safeguards against carbon and mercury pollution. They should ask about a new report that found political interference with the Integrated Risk Information System – a critical program that assesses the dangers of toxic chemicals. And of course, they should ask how Wheeler intends to protect our kids’ health and safeguard our communities if EPA is severely underfunded.

“EPA is the agency tasked with protecting us and our families from dangerous pollution in our air and water, from toxic chemicals in the products we use, and from climate change. Yet the Trump administration wants to cut EPA’s budget by 31 percent – even though it’s already just a tiny part of the federal budget. Those kinds of drastic cuts will make it extremely difficult, if not impossible, for EPA to fulfill its mission to keep Americans safe.

“In real dollars, EPA’s budget is even less than it was about 40 years ago, despite large increases in the agency’s responsibilities and in both the American population and economy in that time. Today, 125 million Americans still live in counties with unhealthy air and up to 10 million homes still get their drinking water through lead pipes. An underfunded EPA will ultimately mean more asthma attacks, more heart problems and other serious diseases, and more premature deaths for Americans.

“The Trump budget proposal would put America’s health and environment in peril. It should be dead on arrival in Congress.”

- Elizabeth Gore, Senior Vice President, Political Affairs

(April 1, 2019) Environmental Defense Fund has filed briefs in two different Appeals courts to help protect people in three states from the dangerous pollution that causes smog.

The two cases affect Americans in Texas, Maryland and Delaware.

EDF joined Sierra Club to file a brief in the U.S. Court of Appeals for the Fifth Circuit in a case concerning smog exposure for almost two million Texans in the San Antonio area.

The U.S. Environmental Protection Agency found that Bexar County, Texas was in nonattainment with our national health-based standard for ground-level ozone pollution – better known as smog. The state of Texas is now suing to reverse that designation, in spite of the fact that EPA’s decision was based on “Texas’s own undisputed, state-certified air monitoring data shows that air quality in the area, in fact, does not meet the health-based standard.” (Brief, page 5)

EDF and Sierra Club asked the court to reject the state of Texas’ efforts to avoid meeting the smog standard, saying:

Texas residents are exposed to unhealthy air, increased risks of respiratory illness, and even premature death … Texas’s request for special and unlawful treatment would allow the State to avoid implementing enforceable measures to restore healthy air, and it would expose the residents of Bexar County to additional, harmful levels of ozone pollution. (Brief, page 3)

In the U.S. Court of Appeals for the D.C. Circuit, EDF joined the Adirondack Council. Chesapeake Bay Foundation, Chesapeake Climate Action Network, Clean Air Council, Environmental Integrity Project and Sierra Club in support of Maryland and Delaware’s efforts to protect their citizens from other states’ smog that invades their air space.

Maryland and Delaware had asked EPA for help with smog blowing across their borders from coal plant smokestacks in upwind states, but EPA refused. The two states are now suing to force EPA to reconsider that decision. EDF and its allies are intervening on behalf of Maryland and Delaware, as are the states of New Jersey and New York and the city of New York.

EDF and its allies’ brief notes that exposure to smog “has been likened to ‘getting a sunburn on your lungs” (Brief, page 16) and says:

“EPA’s denial of the [states’] petitions is just the most recent move in the Agency’s ozone transport shell game, in which it repeatedly justifies denials by pointing to separate regulations — which EPA later delays and denies — thus foreclosing downwind states’ ability to obtain relief from out-of-state ozone pollution using any of the statutory tools provided by the [Clean Air] Act.” (Brief, page 19 and 20)

Both briefs were filed late Friday.

(Washington, D.C. – April 1, 2019) The U.S. Court of Appeals for the D.C. Circuit will hold oral argument this morning in a case about a dangerous new loophole created by then-EPA Administrator Scott Pruitt that could increase Americans’ exposure to toxic air pollution.

“This loophole puts communities across our country at risk of increased exposure to benzene and other dangerous or cancer-causing pollutants,” said Tomás Carbonell, lead attorney for Environmental Defense Fund, which is a party to the case. “The loophole was created unlawfully and violates the Clean Air Act. It should be closed immediately.”

The case centers around “maximum achievable control technology” (MACT) standards for hazardous air pollutants under the Clean Air Act. These standards generally apply to large industrial facilities like refineries and chemical plants that emit high amounts of 187 dangerous or cancer-causing pollutants.

Under a long-standing policy adopted in 1995, these “major source” facilities had to comply with the MACT standards for as long as they operated. Then, in January of 2018, Pruitt suddenly and unlawfully withdrew the policy in a four-page memo issued without notice or public comment and without considering the damage to Americans’ health and the environment.

Under Pruitt’s loophole, thousands of industrial facilities across the country could be eligible to operate with weaker air pollution controls – or even with no air pollution controls at all. An EDF report found at least 18 major facilities in the Houston area alone that are eligible to use the loophole, potentially resulting in hundreds of thousands of pounds of additional health-harming pollution.

Environmental Defense Fund joined 10 other environmental, environmental justice, and public health organizations – Earthjustice, California Communities Against Toxics, Downwinders at Risk, Environmental Integrity Project, Hoosiers Environmental Council, Louisiana Bucket Brigade, Natural Resources Defense Council, Ohio Citizen Action, Sierra Club, and Texas Environmental Justice Advocacy Series – to file a lawsuit. The state of California is also challenging the loophole.

The case will be argued before a three-judge panel of the D.C. Circuit this morning, shortly after 9:30 a.m. Judges Rogers, Wilkins and Silberman will hear the case in courtroom 31.

(NEW YORK, NY – March 31, 2019) Gov. Andrew Cuomo, the New York State Assembly and the New York State Senate today reached a budget agreement, including a plan to implement congestion pricing. By reducing traffic and helping to finance a cleaner, more modern transit system, congestion pricing will cut pollution from the transportation sector, which is New York’s largest source of greenhouse gas emissions. For more than a decade, Environmental Defense Fund has fought alongside transit, justice, business, finance and other environmental leaders to get congestion pricing passed.  

“This is an historic moment for New York. As the first place in the United States to adopt congestion pricing, New York will help lead the way for other cities and states that are serious about tackling pollution from transportation. New Yorkers everywhere can finally celebrate this win, with fewer cars on the road and cleaner air for all.” 

• Andy Darrell, New York Regional Director, Environmental Defense Fund

“The House of Representative took an important step toward renewing U.S. climate leadership today with the introduction of H.R. 9, the Climate Action Now Act. The bill would make sure we honor our commitment to reduce our climate pollution.

“Climate change is a clear and present danger to all of us. We must do everything in our power to address the threat. This new bill allows us to reaffirm America’s global leadership on the issue and our economic leadership as we move into the clean energy future. We welcome this long-awaited step in the right direction.”

- Elizabeth Gore, EDF Senior Vice President, Political Affairs

"Climate change is a serious threat to our economy, our health, and our children's future. Solving it will require bipartisan support and ideas from across the political spectrum. Senate Democrats have taken an important step by establishing the Special Committee on the Climate Crisis to focus on this issue. We look forward to working with Senator Schatz and the other members of the committee in the search for effective, efficient policies to cut pollution as much as the best science tells us is necessary.

"Senators on both sides of the aisle have acknowledged the reality of climate change. We urge members of the Special Committee to work with those Republicans who have brought forward productive ideas for addressing this crisis. Moving our country to 100 percent clean energy, spurring innovation, and reducing pollution will require the best ideas from everyone willing to join in this effort – and passing effective, durable legislation means working toward policies that can gain broad support."

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

“Climate change is a threat to our economy, our national security, and our children’s future. In the face of this serious problem, we don’t understand how calling for this vote helps to make progress toward climate solutions. Today’s action does nothing to make our country safer and stronger.

“Many Republicans have started to propose serious solutions to the problem. We urge Senator Mitch McConnell to do the same.”

• Elizabeth Gore, Senior Vice President, Political Affairs

(Washington, D.C. – March 26, 2019) Environmental Defense Fund is asking 10 federal agencies to release documents about a White House effort to undermine scientific studies on climate change.

The White House is reportedly creating a panel to “reassess” the substantial number of government studies confirming that climate change poses a critical threat to human health and safety and to national security. Officials from several agencies were invited to a recent discussion on the topic, but virtually no information has been released to the public. EDF submitted requests last night under the Freedom of Information Act (FOIA) for any related documents or correspondence.

“The fundamental climate security of Americans must be anchored in transparent, factual science – not science fiction conjured in secret by the Trump White House,” said EDF attorney Ben Levitan. “The American people have a right to information about how our government is addressing the dire threat of climate change.”

EDF submitted FOIA requests to the Council on Environmental Quality, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of State, the Environmental Protection Agency, NASA, NOAA, the National Science Foundation and the Office of Science and Technology Policy for any records “pertaining to an actual or possible review or assessment of climate change, including climate science and climate change impacts.” The requests are for records from November 1, 2018 through the present.

The requests specifically ask for information about the purpose of any possible climate review, any meetings or discussions about a climate review that employees have attended, and any materials that may be under consideration for review – including the National Climate Assessment, the Pentagon Climate Change Report and the 2019 Worldwide Threat Assessment. Those studies, and the others referred to in the FOIA requests, reflect decades of intensive peer-reviewed research by hundreds of scientists.

EDF’s FOIA requests submitted to each agency are available here:

• Council on Environmental Quality
• Department of Defense
• Department of Energy
• Department of the Interior
• Department of State
• Environmental Protection Agency
• NASA
• NOAA
• National Science Foundation
• Office of Science and Technology Policy

“With Tom Udall’s announcement that he will not seek re-election, the Senate will lose a public figure of enormous integrity, intelligence, and accomplishment. His contributions – from defending public lands to protecting American families from toxic chemicals – represent a legacy that will benefit this nation for generations. He combines a passion for doing the right thing with a genuine and gentle nature that is too often missing from our politics. Those seeking the best of America – who want to know what a politics of high character can be – need only look to the career of Tom Udall.

“EDF was proud to work with Senator Udall on reforming our nation’s broken chemical safety law. He brought together activists, scientists, business leaders, families, and members of both parties to forge a compromise that gives us the chance to protect the health of millions of Americans. And as a leader on efforts to defend sensible federal methane rules from rollbacks under the Trump Administration, all American taxpayers owe a debt of gratitude to Senator Udall for cleaner air and a healthier climate.

“Like his father before him, Tom Udall brought American idealism and Western pragmatism to Washington – and left our nation a stronger, healthier, and more beautiful place. As he and Jill move toward the next phase of their lives, we offer our profound thanks for all they have done for this country.”

- Fred Krupp, president of Environmental Defense Fund

"We applaud Rep. Paul Tonko's introduction of principles for climate action. Congressman Tonko has met with business, labor, scientists, activists and others to build a solid foundation for smart, bold climate action – exactly the hard work that's necessary to pass major legislation. His nine principles include many of the most important elements of good policy, including enforceable declining limits on pollution aligned with the pace and scale needed to address this crisis.  And by engaging with so many stakeholders, his outline ensures an approach that will be fair, efficient, and effective.

"Climate change is a threat to our economy, our national security, and our children's future. EDF is focused on developing climate solutions that cut pollution as much as the best science tells us is necessary and can get the votes to pass Congress. Rep. Tonko's ongoing work is a major contribution toward achieving that goal. We look forward to working with him, and members on both sides of the aisle, to make it happen."

FOR IMMEDIATE RELEASE

(HOUSTON – March 24, 2019) Environmental Defense Fund's contractor on Saturday detected high levels of the carcinogen benzene near a fire-damaged chemical storage complex in the Houston suburb of Deer Park, indicating the potential exposure to the pollutant spanned several days.

Preliminary air sampling by Entanglement Technologies showed concentrations of up to 495 parts per billion of benzene at about 4 p.m. on Peninsula Street, across the Houston Ship Channel from the Intercontinental Terminals Co. (ITC) facility, where crews were working to empty damaged tanks that officials said contain compounds including gasoline blends and pyrolysis gasoline.

The findings came a day after the U.S. Environmental Protection Agency (EPA) found benzene concentrations of 1,000 parts per billion at the same location. That is five times higher than the state of Texas' threshold for short-term exposure.

Environmental Defense Fund (EDF) has alerted local officials of the measurements, and the city of Houston has confirmed that these data are the highest quality available on air toxics from the ITC fires. Entanglement Technologies will continue monitoring over the next few days.

"Given the potential of exposure to high concentrations of benzene over multiple days, we are very concerned about the health and safety of residents living in the nearby communities," said Elena Craft, senior director for climate and health at EDF. "We urge everyone to be vigilant. Risk remains until these chemicals are fully contained."

EDF's air sampling data are available on the Kinder Institute for Urban Research's Urban Data Platform here. Air quality for March 23 and March 24 also are available on EDF’s website.

California-based Entanglement Technologies arrived in the Houston area Friday to take air and water samples for EDF and the Galveston Bay Foundation, using its AROMA-VOC analyzer. Water quality for March 22 and March 23 are available on EDF’s website. The Urban Data Platform also will house the water sampling data. The Urban Data Platform also will house the water sampling data.

Entanglement Technologies designed the analyzer to provide rapid and precise information on public health risks for emergency responders and people living near oil refineries, chemical plants and other potential sources of toxic contamination. The company deployed the instrument inside the city of Houston's Mobile Atmospheric Laboratory (MAML) to provide real-time data.

"High quality data is critical to respond effectively to emergency situations involving chemical releases," said Tony Miller, PhD, chief executive officer of Entanglement Technologies. "We have designed our technology to provide decision-makers and stakeholders with actionable data on the spot. Data is the key to determine what harm, if any, has been caused to surrounding communities and the environment."

Entanglement Technologies uses laboratory-grade analysis to identify individual pollutants, including several volatile organic compounds (VOCs), including cancer-causing benzene. The mobile unit can measure VOCs in both air and water at very low concentrations.

EDF used the same technology in the Houston area following the historic flooding of Hurricane Harvey in 2017. Entanglement's instrument discovered alarmingly high levels of benzene that neither the EPA nor the likely pollution source had revealed.

(SAN JUAN – Mar. 21, 2019)  Environmental Defense Fund (EDF) today unveiled a vision to collaborate with communities, technical experts, businesses and investors to build low-carbon microgrids in Puerto Rico, and bring reliable, clean and affordable electricity to rural areas of the island.

As described at the “BlackStart 2019: Future of Energy Summit” in San Juan, the new initiative will help modernize Puerto Rico’s electric grid and improve the system’s resilience.

“Rebuilding Puerto Rico’s electricity system can help protect the island from future storms, improve the lives of its residents and strengthen its economy — but it must be done with respect,” said Fred Krupp, President of Environmental Defense Fund. “We will listen to the people of Puerto Rico and bring communities and partners together in a transformational effort to give the island the clean energy future it deserves. By building low-carbon microgrids in rural places that were hardest hit by Hurricane Maria, we can keep the lights on when the next storms strike.”

As the frequency and severity of storms become more common, Puerto Rico needs a new approach to electricity – one that can provide dependable power while reducing pollution to address climate change. Low-carbon microgrids can play an important role in the island’s energy future. These systems can fuel up on solar power, store it in batteries and deliver affordable, clean and reliable energy where people need it most. They can connect to the larger grid and also disconnect during blackouts to keep electricity flowing to hospitals, traffic lights, schools and other critical services. 

Krupp expressed a sense of urgency to find a lasting solution to Puerto Rico’s energy crisis. He outlined the organization’s all-inclusive approach to making these solutions both sustainable and scalable by combining technology and energy reform with public grants, philanthropic funds and impact-focused private capital.  

BlackStart 2019, which was organized by the Center for a New Economy, is the first in a series of multi-annual events designed to provide the platform necessary for thinking, imagining and planning to fulfill a vision for Puerto Rico’s energy future.

To live stream the day-long event, visit this link.

For more information, visit www.edf.org/PuertoRico.

FOR IMMEDIATE RELEASE

(HOUSTON – March 21, 2019) Harris County officials today ordered a shelter in place for the city of Deer Park, Texas after detecting elevated levels of benzene near a petrochemical storage facility that caught fire this week. EDF issued the following statement:”This is a real risk to human health, not theoretical. Benzene is a known carcinogen, and no amount is safe to breathe. We urge everyone, especially pregnant women, to be vigilant.

“EDF commends Harris County for its response in issuing a shelter in place for the city of Deer Park. We have expected this type of situation since the start of the International Terminals Company fire. Officials must be diligent in tracking air pollution and protecting people’s health.

“Harris County, state, and federal officials sometimes failed to acknowledge the potential risk this week while trying to reassure the public that air quality was ‘normal.’ No one should accept polluted air as normal.”

· Elena Craft, PhD, Senior Director for Climate and Health, Environmental Defense Fund

Environmental Defense Fund and several conservation partners today released a report revealing the scale of natural gas waste on Navajo Nation lands. The report’s analysis, conducted by Environmental Defense Fund, finds that oil and gas companies operating on the Navajo Nation waste about 5.2 percent of the natural gas they produce - a rate 65 percent higher than the national average. That results in $3.4 million of lost Navajo Nation gas and up to $895,000 in forgone royalty payments.

The analysis leverages data collected by the Western Regional Air Partnership (WRAP) on emissions from production sites in the San Juan Basin, as well as EDF’s 2017 statewide New Mexico methane inventory for additional information on midstream emissions.

Since the 1920’s, oil and gas production on tribal lands has been an important revenue stream for the Navajo Nation and generates tax and royalty income to support public safety, education, infrastructure improvement and other projects. Unfortunately, the disproportionate amount of gas wasted by oil and gas companies results in significant consequences for Navajo communities’ economies, environment and health. As the Navajo Nation Environmental Protection Agency considers new air pollution rules, this underscores the positive impact they could deliver.

“As this analysis makes clear, methane waste and other pollution are hitting Navajo communities particularly hard,” said Jon Goldstein, director of legislative and regulatory affairs at Environmental Defense Fund. “Luckily the Navajo Nation has an opportunity to enact tribal requirements and fill the gap left by the rollback of federal methane rules. We support the development of strong rules to protect the resources and wellbeing of the Navajo Nation.”

Methane is the primary component of natural gas and a potent greenhouse gas that is responsible for 25 percent of the global warming we experience today. The 13,000 tons of natural gas methane emitted by companies on Navajo Nation lands has the same climate impact as 235,000 vehicles per year.

According to Amber Reimondo, Energy Program director at Grand Canyon Trust, “this analysis highlights the opportunity before the Navajo Nation to safeguard its revenue, public health and climate. Under the Nez administration, the Navajo Nation is already taking steps to seize this opportunity and we look forward to offering our support.”

Avoidable methane emissions are often accompanied by harmful co-pollutants that threaten public health. These include volatile organic compounds (VOCs), a precursor to ozone and smog that can harm respiratory health and trigger asthma attacks. Ozone levels in San Juan County, where much Navajo Nation oil and gas production is based, are dangerously close to surpassing health safety standards for ozone. This puts local communities’ health and wellbeing at risk.

“When oil and gas companies emit pollution into our air, they damage our environment and threaten our health,” said Adella Begaye, executive director of Diné CARE. “Securing the Navajo Nation’s wellbeing means stopping wasteful emissions like methane and the harmful chemicals that so often come with it.

“Strong rules to prevent methane waste would not only honor and preserve our resources, they would mean significantly more revenue for both the Navajo Nation and allottees,” she added. “We must defend the lands we depend on and recognize the health and economic benefits that come with responsible action.”

The Navajo Nation Environmental Protection Agency is currently considering new rules to limit air pollution and has the authority to require companies to curb high emission and waste levels. As the Trump administration rolls back federal pollution protections, such as the Bureau of Land Management waste rule, high levels of methane waste and associated pollution are harming tribal communities. This is an important opportunity for the Navajo Nation to stop the waste of its energy resources, curb climate emission and safeguard the health of its people while reaffirming its sovereignty.

“The federal government under the Trump administration has abandoned the role of good steward, and the Navajo Nation must act where it can to protect its resources and its people from unfair exploitation,” said Laurie Weahkee, president of the Native American Voters Alliance.

She added that, “without federal protections from the Bureau of Land Management’s waste rule or EPA’s methane rule, it’s up to us to affirm our autonomy and protect our communities – stopping methane waste does both.”

(NEW ORLEANS, LA — March 20, 2019) Today the Louisiana Coastal Protection and Restoration Authority (CPRA) announced that the Mid-Barataria Sediment Diversion is facing a delay of at least several months in completing the permitting phase of this keystone restoration project.

In response to these timeline updates, Restore the Mississippi River Delta, a coalition of national and local conservation organizations committed to coastal Louisiana restoration including Environmental Defense Fund, the National Wildlife Federation, National Audubon Society, Coalition to Restore Coastal Louisiana, and Lake Pontchartrain Basin Foundation, issued the following statement:

“Today’s news comes less than a year after combined state and federal efforts around the Mid-Barataria Sediment Diversion shaved 22 months off the original schedule. We were encouraged by that initial progress but are disappointed to hear of setbacks. We appreciate the need to ensure the analysis is based on best available science, but we also recognize the need to act with the urgency that our collapsing coast demands. We urge the state to develop measures to avoid further delays as we move forward.

“Using the Mississippi River is the most effective approach available to address disastrous land loss in the Barataria Basin. We need to work together to identify every possibility for efficiency, optimizing time and resources to advance the schedule and get these diversion projects operating. We really have no time left to lose.”