Bay Journal Op-Ed: 'Stopping Rules' Would Say When It's Time to Shift from Debating to Acting
This op-ed originally ran in the Bay Journal. Reprinted with permission.
Science is hard, environmental policy is complicated and regulatory science can seem endlessly confounding.
It does not have to be. Earlier this year, the Chesapeake Bay partners stepped into a time-worn trap, heeding calls from overly cautious states to wait for more refined scientific modeling of climate change impacts before taking action to eliminate pollution in the Chesapeake Bay and its tributaries. Having punted action until 2021 at the earliest, the Bay Partnership needs policies to prevent further delay. An innovative policy tool called "stopping rules" could be the answer.
Chesapeake Bay Program scientists have determined that Bay states need to eliminate an additional 9 million pounds of nitrogen pollution and 500,000 pounds of phosphorus to offset the impacts of climate change and ensure that dissolved oxygen standards can be met in the Bay by 2025.
To be clear, the stakes are much greater than dissolved oxygen levels in the middle of the Bay. Local streams and rivers throughout the watershed face increasing loads of inorganic nitrogen from climate change, which may be responsible for more frequent and intense algae blooms.
Higher water temperatures are likely to worsen those conditions, making them even more detrimental to aquatic plants and animals.
The timing of efforts to offset those climate impacts is also critical because the negative impacts of climate change are projected to increase rapidly beyond 2025. Every dollar
Flood Safety, Infrastructure, and the Feds
Cross-posted from LegalPlanet. The federal government is responsible for responding to major floods and runs the federal flood insurance program. It also has millions of dollars of its own infrastructure at risk from floods. Yet the government is failing to deal effectively with flood risks before the fact. Let’s begin with the levees that are the main defense against flooding. There are over 100,000 miles of levees across the United States, including about a fifth of all U.S. counties, many of
Seeking Climate Justice in the Courts
Back in 2007, the Intergovernmental Panel on Climate Change (IPCC) noted the likelihood of an increase in what is now often referred to as "climate change" or "climate justice" litigation. The reason for the increase, according to the IPCC, is that "countries and citizens [will] become dissatisfied with the pace of international and national decision-making on climate change." Just over a decade later, that observation now looks quite prescient, with several cities and counties taking the oil industry to court
Let a Hundred (Municipal) Flowers Bloom
In the era of Trump, one bright spot remains what's happening in cities across the nation. Here are some numbers: 402 U.S. mayors have endorsed the Paris Agreement and announced their intention of meeting its goals, while 118 have endorsed the goal of making their cities 100 percent renewable. A bit of quick research provides a sample of what some major cities are already up to: Atlanta. Atlanta's city council has set ambitious goals: 100 percent renewable energy for city
Connecting the Dots: Rob Verchick and Laurie Ristino Talk Food Security and Climate Change
CPR President Rob Verchick recently sat down to talk with one of our newest Member Scholars, Professor Laurie Ristino of Vermont Law School, about the connections between climate change, food security, and policymaking tools like the Farm Bill that could be better used to promote sustainable agricultural practices. We’re excited to share an audio recording of that conversation here as a “soft launch” of a new product at CPR – our “Connect the Dots” podcast. It’s a work in progress. Our
Texas and Puerto Rico both got hit very hard last year by major hurricanes. But the federal government moved a lot more quickly to get help to Texas. In a new paper, I document the difference and explore the reasons. Although I won't go into all the details here, this is a situation people need to know about. , though there's a more extensive table in the paper. FEMA says it poured just as many resources into Puerto Rico as
New Policy Research from CPR's Verchick Featured in Royal Society Report on Paris Climate Accord
A new report in the Philosophical Transactions of the Royal Society A published earlier this week presents a suite of new scientific and policy research meant to improve and drive forward progress under the Paris Climate Agreement. The report – from the oldest science journal in the western world – is the culmination of presentations first delivered by attendees at the 25th anniversary conference of the University of Oxford's Environmental Change Institute. CPR Board President and Member Scholar Rob Verchick
Climate Change in the Courts
There are three important climate lawsuits pending in federal court. Here's the state of play and what to expect next. In the first case, Oakland and San Francisco sued leading oil companies. They claim that the companies' production and sale of fossil fuels is a public nuisance under California state law. They seek an abatement fund to pay for sea walls and other infrastructure needed to address rising sea levels. This lawsuit was originally filed in California state court, but
Threat from Climate-Induced Spills Goes Beyond Superfund and Toxic Release Inventory Sites
This post is the first in a forthcoming series about climate change and the increasing risk of floods releasing toxic chemicals from industrial facilities in Virginia. At the tail end of winter, a succession of "bomb cyclones" and nor'easters has brought fierce winds and surging coastal flooding to the mid-Atlantic and Northeast. These storms remind us of the deepening vulnerability of our coastal and riverfront communities and infrastructure to intensifying extreme weather and flooding. This "freakish" winter weather comes just
If Chesapeake Bay Jurisdictions Are Serious About Restoration, They Must Take Climate Change into Account
At a workshop on Friday, March 2, representatives of the Chesapeake Bay jurisdictions will meet in Baltimore to make important final decisions about how to address pollution – previously accounted for – from the Conowingo Dam and climate change. Decisions these representatives make about how to address pollution loads through the Chesapeake Bay Total Maximum Daily Load (TMDL) agreement will shape how and whether Bay jurisdictions are able to meet their Bay restoration goals during the crucial third and final phase
The Off-Switch Is Inside the Fenceline
The Obama Administration’s Clean Power Plan would require utilities to improve efficiency at coal-fired power plants and reduce the use of those plants in favor of generators using natural gas or renewables. Head of EPA Scott Pruitt claims EPA can only require CO2 cuts that can be accomplished by utilities “inside the fenceline” of a power plant. Under his interpretation, EPA could require a utility to increase the efficiency of a coal-fired plant. But, he assumes, his interpretation would rule
Bay Journal Op-Ed: Bay Jurisdictions' No-action Climate Policy Puts Restoration in Peril
This op-ed originally ran in the Bay Journal. Reprinted with permission. Despite research demonstrating that climate change is adding millions of pounds of nutrient pollution to the Chesapeake Bay, Maryland Gov. Larry Hogan and his Bay states colleagues appear to be taking a page from the Trump playbook: Ignore this inconvenient truth. Doubts about whether climate change is caused by humans and threatens the planet are rapidly going the way of urban legend. Just ask any resident of Puerto Rico, the
The Hill Op-Ed: Trump Administration's Clean Power Plan Repeal Proposal Is Illegal
This op-ed originally ran in The Hill. The Trump administration's efforts to sidestep finalized regulations through stays or delays have so far met with judicial rejection in three straight decisions. As these courts have concluded, such a deregulatory strategy violates settled law that administrative agencies are bound by their own finalized regulations until they undo them through a new full rulemaking process. Environmental Protection Agency Administrator Scott Pruitt last week published a proposal to repeal the Obama administration's Clean Power Plan
The Flood of Takings Cases after Hurricane Harvey
On August 27, as Hurricane Harvey blew through the Houston area, the U.S. Army Corps of Engineers found itself between the proverbial rock and hard place. Since the 1940s, it had operated a flood control project to control the risk of flood damage to downtown Houston and the Houston Ship Channel. It had accomplished this by carefully controlling the release of flood waters from the project's dams. Now, however, the Corps confronted Hurricane Harvey, a megastorm generating massive, unprecedented volumes
The Pull of Energy Markets -- and Legal Challenges -- Will Blunt Plans to Roll Back EPA Carbon Rules
Professor Hari Osofsky of Pennsylvania State University co-authored this article with Center for Progressive Reform Member Scholar and Florida State University College of Law Professor Hannah Wiseman. It originally appeared in The Conversation on October 13, 2017. On Oct. 10, EPA Administrator Scott Pruitt formally announced a repeal of the Clean Power Plan, regulation intended to curb greenhouse gas emissions from existing coal- and natural gas-fired power plants. This follows a directive only a week earlier by Energy Secretary Rick Perry for the
Foreseeable Yet Lamentable: Pruitt's Attack on Carbon Restrictions
An earlier version of this post appeared on Legal Planet. Few things were more foreseeable than the Trump administration's repeal of the Clean Power Plan (CPP). The administration was never going to leave in place a regulation that disfavored coal and promoted the use of renewable energy in electricity generation. The only real questions were when and how. Today, the administration is taking the first step with the release of a proposed rule repealing the CPP. EPA is relying wholly
Under the Radar: What States Are Doing about Energy and Climate
What happens in Washington gets a lot of attention. You probably also follow what's going on in your own state. But it's very hard to know what's happening in states across the country. In an effort to get a better sense of that, I've explored state activity on climate change and energy in a series of posts. This wasn't a fifty-state survey, or even a statistically valid random sample. But it does indicate what's happening in a range of states,
Houston Chronicle Op-Ed: Burying Our Head in Sand on Climate Change No Longer an Option
This op-ed originally ran in the Houston Chronicle. Every day during the Hurricane Harvey disaster, our hearts would sink as we kept hearing the word "unprecedented" again and again. Harvey wasn't supposed to strengthen so fast; it shouldn't have stalled where it did. Every day as we hoped the worst was over, Harvey would pummel us even harder. Everything was outside the norm, breaking all records. Over 50 inches of rain. Houston's "wettest month in recorded history." High river marks exceeded