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Dec. 1, 2021 by Katlyn Schmitt

The False Promise of Carbon Capture in Louisiana and Beyond

Carbon capture use and storage is at the center of the national climate policy debate, promoted by the oil and gas industry, the private sector, and even some environmental organizations as a solution to the climate crisis.

The federal infrastructure package that President Biden recently signed into law appropriates more than $10.3 billion for the nationwide buildout of carbon capture infrastructure. Preliminary deals on the Build Back Better Act also contain expansions of the primary federal tax credit incentivizing carbon capture (45Q Tax Credit). The fossil fuel industry is targeting Louisiana as an emerging hub for carbon capture, mainly because of the large concentration of industrial facilities that emit carbon dioxide in the stretch of land between New Orleans and Baton Rouge.

While Louisiana must move quickly and aggressively in pursuit of climate change solutions, deploying carbon capture to reach net-zero emissions is not the answer. As the authors of a new Center for Progressive Reform policy brief note, it is an unproven climate strategy, delays the green transition, and foists environmental burdens on historically disadvantaged communities.

Carbon capture is an energy-intensive, cost-prohibitive, and risk-laden process that involves capturing carbon dioxide from industrial smokestacks, compressing it, and sending it …

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. 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. 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 …

Aug. 23, 2021 by Rebecca Bratspies
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This blog post is based on my testimony before the New York City Racial Justice Commission, which it tasked with dismantling structural racism in the city’s charter.

This November, New York voters will decide whether to enshrine an explicit environmental right in their state constitution. If adopted, the new section will read, “Every person shall have a right to clean air and water, and a healthful environment.” New York would join several other states, as well as the United Nations and roughly 150 countries across the globe, in recognizing a fundamental human right to breathe clean air and drink clean water.

We all deserve to live in healthy communities. Yet, the grim reality is that Black communities, communities of color, and low-income communities frequently have to fight tooth-and-nail for these basic human rights. This situation is neither accidental nor inevitable. New York City is a clear …

Aug. 12, 2021 by Maggie Dewane
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It came as no surprise to environmentalists this week that the Intergovernmental Panel on Climate Change’s (IPCC) most recent climate report paints a stark picture: Climate change is happening faster than previously predicted, and the precipice we’re standing on is quickly disintegrating. But there are still plenty of things we can do to battle the climate crisis and adapt to current and future impacts.

Building off the IPCC’s last report in 2013, this assessment brought more than 200 scientists together from around the world to consider all climate research available. The result is the most comprehensive analysis on climate change to date.

Since the last assessment, climate models have become increasingly accurate, making the links between human activity and climate change irrefutable and drawing direct correlations between specific weather events and climate change. 

Other key findings:

  • The last decade was the hottest in 125 …

July 19, 2021 by Colin Hughes
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U.S. Environmental Protection Agency (EPA) Administrator Michael Regan recently announced that $50 million from the American Rescue Plan will go toward environmental justice programs at the agency. This award will be accompanied by another $50 million to enhance air quality monitoring to target health disparities. This funding will double the amount of grant dollars for EPA’s environmental justice programs by adding $16.7 million in grants and funding for other programs such as school bus electrification, expanded environmental enforcement, and drinking water safety improvements.

Increased funding for environmental justice programs will foster stronger environmental protections for communities — often low-income communities and communities of color — that are forced to combat a disproportionate share of pollution, toxic exposures, and related health and economic consequences. Investment in these communities seeks to reconcile the gap left by environmental racism and a lack of opportunities to meaningfully engage in zoning …

June 9, 2021 by James Goodwin
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In addition to cleaning up our environment, the U.S. Environmental Protection Agency (EPA) must also clean up the mess the Trump administration left behind.

The Biden EPA recently took an important step in this direction by finalizing its plan to rescind a Trump-era rule that would drastically overhaul how it analyzes the rules it develops to implement the Clean Air Act. If implemented, Trump's "benefits-busting" rule would have sabotaged the effective and timely implementation of this popular and essential law, which protects the public from dangerous pollution that worsens asthma and causes other diseases. The rescission is slated to take effect next week.

On June 9, the EPA held a public hearing to gather feedback on rescinding the rule, which CPR has been tracking for several years. CPR Member Scholars Rebecca Bratspies and Amy Sinden joined me in testifying in support.

A New and Better Approach …

May 4, 2021 by James Goodwin
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Originally published by the Environmental Law Institute’s “The Environmental Forum” May-June 2021 issue. This is an excerpt.

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By the time the environmental justice movement began taking shape in the 1980s, communities of color had already been suffering from the disproportionate burdens of pollution for decades. Since then, evidence of racially discriminatory patterns in the distribution of environmental harms has only continued to mount.

Researchers from the universities of Michigan and Montana empirically documented in a pair of 2015 studies the phenomenon of “sacrifice zones,” finding that industrial facilities associated with high levels of pollution are disproportionately sited in low-income communities and communities of color.

A 2019 study published in the Proceedings of the National Academies of Science found that while White people in the United States are disproportionately responsible for particulate matter pollution — which is linked to heart disease, permanent lung damage, and premature death — Black …

April 20, 2021 by Darya Minovi
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Since President Joe Biden assumed office, environmental justice has been at the front and center of his administration. One key initiative: developing better mapping tools to identify communities that may bear a disproportionate burden of toxic pollution and climate change impacts. Biden’s environmental justice (EJ) plan emphasizes the value of these tools and the need to improve them.

The U.S. Environmental Protection Agency’s (EPA) current tool — known as EJSCREEN — dates to 1994, when President Bill Clinton issued an executive order instructing federal agencies to collect, maintain, and analyze information on environmental and human health risks borne by low-income communities and people of color.

The EPA published EJSCREEN in 2015. It integrates demographic data (such as percent low-income, under the age five, over age 65, etc.) and environmental pollution measures at the block group or census tract level nationwide. The mapped data provide a visual …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Dec. 1, 2021

The False Promise of Carbon Capture in Louisiana and Beyond

Sept. 30, 2021

Climate Change, Racial Justice, and Cost-Benefit Analysis

Sept. 30, 2021

When It Rains, It Pours: Maryland Has a Growing Climate Justice Problem in Stormwater

Sept. 2, 2021

The Hill Op-Ed: A Legal Pillar of Environmental Justice Is Now Under Attack

Aug. 23, 2021

Building Environmental Justice in New York City

Aug. 12, 2021

Following the Most Recent UN Climate Change Report, Here Are Some Policies to Move Us Forward

July 19, 2021

Environmental Justice and the COVID-19 Pandemic: Why the EPA Needs a Funding Boost