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Oct. 28, 2021 by Minor Sinclair

A Turning Point on Climate — and for the Center for Progressive Reform

Our society has finally reached a turning point on climate.

I’m not referring to the “point of irreversibility” about which the United Nations warns us: In nine short years, the cascading impacts of climate change will trigger more and greater impacts to the point of no return.

Rather, we have reached the turning point of political will for climate action. There is no going back to climate passivity or denialism. Choosing to electrify and greenify is a progressive agenda, a mainstream agenda, and an industry agenda though all of these agendas differ.

Reconciling these interests, Congress will pass one, if not two, major spending bills this fall, which would invest as much as $750 billion in climate investments to decarbonize, electrify, and build resilient infrastructure. This achievement is not the Green New Deal, nor the full vision of the Sunrise Movement, but it borrows parts from them. Nor is it solely a market-driven approach, though markets and industry would have major roles to play. We have only crossed the first gate toward real change, but it’s a promising step.

Why the swing to action? One reason is that the effects of climate change are palpable in ways never …

Oct. 1, 2021 by Robin Kundis Craig
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This post was originally published on SCOTUSblog. Reprinted under Creative Commons license CC BY-NC-ND 3.0.

Mississippi v. Tennessee is not only the Supreme Court’s first oral argument of the 2021-22 term, but it is also the first time that states have asked the court to weigh in on how they should share an interstate aquifer. The court’s decision could fundamentally restructure interstate groundwater law in the United States for decades — or the case could be dismissed immediately on the grounds that Mississippi has failed to allege the proper cause of action.

The case will be argued on Monday, and it will be the court’s first in-person argument in a year and a half. In March 2020, the justices stopped meeting in person due to the coronavirus pandemic, and since then, all arguments have been conducted by phone. But the justices are returning to …

Sept. 30, 2021 by Clarissa Libertelli
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Hurricane season hit Maryland hard this year, and even as it comes to a close, heavy rains continue to cause highway shutdowns and spread toxic floodwater. With the Maryland Department of the Environment (MDE) currently updating its rules and permits regarding stormwater, Marylanders have an opportunity to protect their communities against one of the most pernicious problems climate change poses for the region. 

Stormwater pollution occurs when heavy rain or snow is not absorbed by the ground due to oversaturated soil or impervious surfaces. The runoff sometimes reaches dangerous volumes, turning roadways into rivers and causing flash floods.

It also pollutes our environment: When runoff flows over rooftops, streets, and storm sewers, it collects trash, chemicals, bacteria, sediment, and other toxic and harmful substances that are carried into our waterways. Along the way, the polluted water passes through communities, evaporating and coating the surrounding environment with toxins …

Sept. 30, 2021 by Lisa Heinzerling
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This post was originally published on LPE Blog and is part of a symposium on the future of cost-benefit analysis. Reprinted with permission.

President Biden has made climate change and racial justice central themes of his presidency. No doubt with these problems in mind, he has signaled a desire to rethink the process and substance of White House review of agencies' regulatory actions. On his very first day in office, Biden ordered administrative agencies to ensure that this review does not squelch regulatory initiatives nor brush aside "racial justice, environmental stewardship, human dignity, equity, and the interests of future generations." At the same time, however, Biden reaffirmed the "basic principles" of a Clinton-era executive order on White House regulatory review, subjecting agencies' major rules to a cost-benefit test.

These twin inclinations – toward acting boldly on climate change and racial justice, and toward judging regulation using cost-benefit …

Sept. 23, 2021 by Joel Mintz
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Addresses by national leaders to the United Nations General Assembly are often broad expressions of lofty ideals, and President Joe Biden's speech Tuesday fell squarely into that category. It covered an extraordinary panoply of global challenges and policy concerns, including controlling the COVID-19 pandemic, rebuilding and strengthening global alliances and regional initiatives, curbing terrorism, protecting human rights (including the rights of women and workers) and lifting up democracy. Biden also committed the United States to advancing human dignity, combating corruption and seeking peace in areas of conflict around the world.

Of particular importance were Biden's remarks regarding the global climate change crisis. Observing that "we stand at an inflection point in history," Biden outlined a stark choice between "meeting the threat of climate change" or suffering "the merciless march of ever-worsening droughts and floods, more intense fires …

Sept. 21, 2021 by Katlyn Schmitt, Natalia Cabrera
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This post was originally published by the Chesapeake Accountability Project. Reprinted with permission.

Maryland is home to more than 1,000 industrial facilities, including landfills, auto salvage yards, hazardous waste treatment, storage sites, and various types of manufacturing and processing plants. When it rains or snows, toxic pollution often runs off these facilities and enters nearby waterways and groundwater resources, negatively impacting aquatic life, nearby communities, and drinking water sources.

The problem — known as industrial stormwater pollution — is dire in Maryland. More industrial facilities are being built in the state, and precipitation intensity is increasing more quickly in the Chesapeake Bay region than elsewhere in the United States, threatening public and environmental health. Low-income people and communities of color are at heightened risk.

The Maryland Department of the Environment (MDE) requires industrial facilities not covered by individual permits to obtain a general permit for industrial stormwater. This …

Sept. 9, 2021 by Darya Minovi
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On August 29, Hurricane Ida pummeled Louisiana’s coastline with winds as high as 150 miles per hour and a storm surge of up to nine feet, flooding communities and destroying homes. The Category 4 storm displaced thousands of people and left 1 million without power — all as the coronavirus surge overwhelms hospitals across the state.

Amid this chaos, Louisianans faced yet another hazard — the risk of exposure to toxic pollutants from explosions, flares, and accidental releases at disabled, damaged, or flooded industrial facilities.

A week after the storm made landfall, the U.S. Environmental Protection Agency’s (EPA) National Response Center (NRC), which collects reports on oil, chemical, radiological, biological, and etiological discharges into the environment, had received more than 170 incident reports related to Ida. Many of these were in Louisiana, and 17 were air releases. Yet little is known about the effects as 13 …

Sept. 3, 2021 by Robert Verchick
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This op-ed was originally published in the Washington Post.

Ask just about any New Orleanian to name the most exasperating thing about the aftermath of Hurricane Ida, and you’ll get the same answer. It isn’t the floodwater. Or the roof damage. It’s something more familiar but equally as threatening to life, health and property: power failure.

This week, Entergy, Louisiana’s largest power company, warned customers to brace for several days or even weeks without power. That means no light, no microwave oven, no refrigerator — and getting by on candles and canned food. It means no air conditioning amid an often-triple-digit heat index, no computer and no Internet, unless you can get online with a smartphone — which you don’t have power to charge. Gas stations are closed because electric pumps can’t pump. In some neighborhoods, toilets don’t flush because sewage …

Sept. 2, 2021 by James Goodwin, Robert Verchick
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This op-ed was originally published in The Hill.

A few weeks ago, the Army Corps of Engineers made a startling announcement: It would give Sharon Lavigne and her neighbors in St. James Parish, La., a chance to tell their stories. The fact one of the world’s largest chemical companies has fought for years to keep Lavigne quiet tells you how commanding her stories are. Those stories may stop this particular company from building a multi-billion dollar chemical plant surrounding her neighborhood.

For this, we can thank a simple law, signed by President Nixon in 1970, called the National Environmental Policy Act (NEPA). Unlike other environmental laws, NEPA doesn’t tell agencies what choices they must make — like where to erect a levee or whether to permit a plastics plant. But it does insist their choices be informed. So, before the Army Corps can approve a company …

Sept. 2, 2021 by Allison Stevens
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This op-ed was originally published in The Virginia Mercury.

The U.S. Senate faces a long to-do list when it reconvenes next month.

U.S. Rep. Gerry Connolly, D-Fairfax,  wants to be sure an important but fairly obscure environmental health bill makes the list. 

It passed the House in July, thanks in part to Democratic members of our congressional delegation, and now awaits action in the upper chamber. “The Senate must take action,” Connolly told me by email.

The legislation would regulate and clean up per- and polyfluoroalkyl substances (PFAS), a class of toxins linked to cancer, infertility and other serious health problems. One such problem is compromised immunity, which may reduce the effectiveness of COVID vaccines — just as the delta variant surges across the state.

This bill is urgently needed in Northern Virginia — a reported PFAS “hot spot.”

Used in tape, nonstick pans and other everyday …

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