environmental protection agency
GOP Attack on Biodiversity, Climate 'Sticks Finger in the Eye of American People'
Critics of a House appropriations bill that guts environmental agencies warn it's a sign of what the Republicans will do if they retake the Senate and the presidency next year.
Democrats and watchdog groups reacted with outrage on Friday as a U.S. House environmental subcommittee led by Republicans approved an appropriations bill that would reduce funding for two federal agencies and limit their ability to protect the environment.
The House Appropriations Interior, Environment, and Related Agencies Subcommittee voted to advance a bill to weaken the regulatory capacities of the Department of the Interior and the Environmental Protection Agency (EPA), cutting funding for conservation, climate action, national parks, and environmental justice initiatives.
"This bill sticks a finger in the eye of the American people who care deeply about clean air, climate change, endangered species, and responsible use of public lands," said Greta Anderson, deputy director of Western Watersheds Project. "It's a nasty wishlist to defund the priorities of protecting a livable future."
The fiscal year 2025 bill proposes a 20% cut to the EPA's annual budget, from $9.2 billion to $7.4 billion, including a $749 million cut to state and tribal assistance grants. It also proposes reductions to many Interior agency budgets, including a $210 million cut to the National Park Service and a $144 million cut to the U.S. Fish and Wildlife Service.
Taking aim at the government's ability to regulate industry, most of the Republicans' spending allocations are below fiscal year 2024 and almost all of them are below the amount requested by the Biden administration.
Rep. Chellie Pingree (D-Maine), the subcommittee's ranking Democrat, said in a statement that the proposed EPA cut was "irresponsible" and that she was "greatly disappointed and frustrated" by the bill, which "completely disregards the reality of a warming planet and ignores the need for us to do more, not less."
Pingree's Democratic colleague, Rep. Rosa DeLauro (D-Conn.), the ranking member of the full appropriations committee, agreed.
The bill "promotes dirty energy, taking the side of fossil fuel companies and those who deny the scientific reality rather than address the escalating risk to our economy and national security presented by the changing climate and growing number of extreme weather events," DeLauro said in the statement.
Critics of the bill also objected to the large number of "poison-pill" riders that seek to undo Biden administration rules and undermine the Endangered Species Act by naming specific animals for which listing can't be funded. Per a Trump-era Interior rule, the legislation also delists most gray wolf populations from the ESA.
"This proposal is a hatchet job of disastrous proportion that in an unprecedented scale, targets our nation's most imperiled species and the law saving them from extinction," Robert Dewey, vice president of government relations at Defenders of Wildlife, said in a statement.
The Republicans' bill includes proposed reductions to funding for clean water infrastructure projects, which Food and Water Watch (FWW) said was a step in the wrong direction—water and sewer systems need huge infusions of money just to meet current water quality standards.
"The proposed cuts would leave many with unsafe water and exacerbate the nation’s water affordability crisis, adding more pressure on household water bills at a time when families are already grappling with soaring costs for essential services," Mary Grant, a FWW campaign director, said in a statement, calling safe water "non-negotiable."
Grant said that to safeguard Americans' clean water from "foolishly political annual appropriations battles," Congress should pass the Water Affordability, Transparency, Equity, And Reliability (WATER) Act—a call she also made last year, when the same subcommittee advanced a similar bill.
The full appropriations committee will consider the bill on July 9. If the bill passes through the committee and then the full chamber, as last year's version did, it's unlikely to make headway in the Democratic-controlled U.S. Senate. However, critics of the bill warned that it's a sign of what the Republicans will do if they retake the Senate and the presidency.
Earlier this month, presumptive Republican nominee Donald Trump said that he plans to gut federal agencies dealing with climate, such as the Interior Department. A union of EPA workers rebuked Trump for the remarks.
Supreme Court Puts Countless 'Lives at Risk' by Ruling Against Clean Air
"With this decision, the Supreme Court has abandoned any pretense of neutrality in cases involving environmental regulations," an expert said.
Health and environmental groups decried a U.S. Supreme Court decision on Thursday that suspended an air pollution rule with far-reaching implications set by the Environmental Protection Agency.
The justices ruled 5-4 in Ohio v. EPA to nullify the rule, designed to protect people in states downwind from smog-forming pollution, until the case can be decided on its merits in federal court, siding with the industrial polluters and upwind states who'd petitioned them to do so.
"With this decision, the Supreme Court has abandoned any pretense of neutrality in cases involving environmental regulations," Sam Sankar, a senior vice president at Earthjustice, an environmental law firm, said in a statement.
"The Court's order puts thousands of lives at risk, forces downwind states to regulate their industries more tightly, and tells big polluters that it's open season on our environmental laws," he added.
A coalition of health and environmental groups, including Earthjustice, agreed that the ruling would have devastating effects.
"Today's decision is deeply disappointing," the coalition wrote in a joint statement. "It will result almost immediately in pollution that endangers the health of millions of people."
Initial thoughts on Ohio v. EPA - Justice Gorsuch's majority opinion reflects two longstanding trends in his environmental law jurisprudence: deep skepticism of agency experts and emphasis on state authority over environmental protection. You can read my analysis of these trends…
— Rachel Rothschild (@ProfRRothschild) June 27, 2024
The legal dispute stems from the EPA's 2015 ozone pollution regulations. States were required to issue plans showing compliance, and last year the EPA determined that 23 of the plans were insufficient, issuing its own plan for those states. The agency said that in 2026 alone, the multi-state plan would prevent about 1,300 premature deaths.
The EPA plan set off a flurry of legal challenges by fossil fuel companies, power companies, and related trade associations, as well as upwind states. Some challenges were successful in getting federal courts to temporarily suspend the EPA rules in individual states. However, the consolidated case, Ohio v. EPA, hasn't yet been heard by the Court of Appeals for the District of Columbia Circuit, and that court denied a request for a suspension of the rule in the meantime.
The plaintiffs then sought emergency relief from the rule at the Supreme Court, arguing that it could cost "hundreds of millions if not billions of dollars in costs over the next 12 to 18 months." The Supreme Court normally dismisses such relief requests, but in this case not only accepted the case onto its shadow docket, but took the unusual step of hearing oral arguments, which most shadow docket cases don't have, as they tend to deal with stays and injunctions, and not the fully-fledged merits of a case.
At the oral arguments, in February, Justice Ketanji Brown Jackson expressed concern that the case was even before the court, given that it hadn't even been heard on its merits by the D.C. Circuit court.
"What I’m a little concerned about is that really your argument is just boiling down to we think we have a meritorious claim and we don't want to have to follow the law while we’re challenging it," Jackson said to the plaintiffs' legal team. "And I don’t understand why every single person who is challenging a rule doesn’t have the same set of circumstances."
Jackson is one of three liberal justices on the court, but it was in fact conservative Justice Amy Coney Barrett who authored what The New York Times called a "spirited" dissent to Justice Neil Gorsuch's majority opinion.
"The court today enjoins the enforcement of a major Environmental Protection Agency rule based on an underdeveloped theory that is unlikely to succeed on the merits," Barrett wrote. "In so doing, the court grants emergency relief in a fact-intensive and highly technical case without fully engaging with both the relevant law and the voluminous record."
Rachel Rothschild, a law professor at the University of Michigan, wrote on social media that Gorsuch's opinion drew on his "deep skepticism of agency experts and emphasis on state authority over environmental protection."
The conservative justices' aversion to agency expertise was also evident in both its 2022 ruling against the EPA's climate change rules and its 2023 ruling against the EPA's water pollution rules.
The Center for American Progress wrote in February that a loss in Ohio v. EPA would be another "devastating reversal" for the EPA as the agency struggles to assert "the authorities that Congress has explicitly granted it."
Chemicals From East Palestine Train Disaster Spread to 16 States: Study
Fires after the February 2023 accident caused plumes of toxic chemicals to spread farther than researchers anticipated. "I think we should be concerned," an expert said.
Toxic chemicals released during fires following the Norfolk Southern train derailment in Ohio last year spread to 16 states and likely Canada, according to a study released Wednesday.
The pollution, some of which came from the burning of vinyl chloride, a carcinogen, spread over 540,000 square miles, showing clearly that "the impacts of the fire were larger in scale and scope than the initial predictions," the authors of the study, published in Environmental Research Letters, found.
Lead author David Gay, coordinator of the National Atmospheric Deposition Program, said that he was very surprised by the way the chemicals had spread. "I didn't expect to see an impact this far out," he told The Washington Post.
Gay said the results did not mean "death and destruction," as concentrations were low on an absolute scale—"not melting steel or eating paint off buildings"—but that they were still "very extreme" compared to normal, with measurements higher than recorded in the previous ten years.
"I think we should be concerned," Juliane Beier, an expert on vinyl chloride effects who didn't take part in the study, told the Post, citing the possibility of long-term environmental impacts on communities.
A Norfolk Southern train crashed in East Palestine, Ohio, a village near the Pennsylvania border and the Appalachian foothills, on February 3, 2023. Dozens of train cars derailed, at least 11 of which were carrying hazardous materials, some of which caught fire after the accident and burned for days. Fearing a large-scale explosion, authorities drained the vinyl chloride from five cars into a trench and set it alight in a controlled burn.
A former U.S. Environmental Protection Agency official later said that the controlled burn went against EPA rules; the head of the National Transportation Safety Board said the deliberate burning was unnecessary.
The local impact of the fires was felt acutely in the month after the accident—a "potent chemical odor hung in the air for weeks," according toThe Guardian, and people reported nausea, rashes, and headaches.
The new study helps explain the wider environmental impact. The researchers looked at inorganic compound samples in rain and snow at 260 sites. The highest levels of chloride were found in northern Pennsylvania and near the Canada-New York border, which was downwind from the accident. The authors also found "exceptionally high" pH levels in rain as far away as northern Maine. They did not look at organic compounds such as dioxin or PFAS, which likely also spread following the accident, The Guardianreported. The elevated inorganic chemical levels dropped two to three weeks after the accident.
Norfolk Southern has agreed to pay nearly $1 billion in damages following two settlements reached in recent months. In April, the company reached a $600 million deal with class action plaintiffs living within 20 miles of the derailment site. That deal won't be finalized until the residents officially agree. In May, the company reached a separate $310 million settlement with the federal government. The company has said that it has already spent $107 million on community support and removed the impacted soil.
Norfolk Southern makes billions in profits every year, and the company gave its CEO a 37% pay hike last year, drawing widespread criticism. The company also spent $2.3 million on federal lobbying last year, according to OpenSecrets data reported by Roll Call.