environmentalists

The end of the Chevron deference

August 6, 2024 By EarthWise Leave a Comment

At the end of June, the US Supreme Court upended 40 years of legal precedent in a ruling that sharply limited the regulatory authority of federal agencies. The so-called Chevron Deference doctrine stated that when a legislative delegation to an administrative agency on a particular issue or question was not explicit but rather implicit, a court may not substitute its own interpretation of the statue for a reasonable interpretation made by the administrative agency.

Under the new ruling, courts will have more power to interpret these statutes. Environmentalists fear that this decision could lead to hundreds of rules being weakened or even eliminated, particularly Environmental Protection Agency limits on air and water pollution, regulations on toxic chemicals, and policies to tackle climate change.

Conservative political organizations have been pushing for decades to roll back the government’s regulatory powers. The new ruling creates a massive opportunity for environmental regulations to be challenged, considering the proliferation of increasingly activist, right-leaning courts. In particular, climate regulations under the Clean Air Act are more susceptible to judicial reversal. The ruling shifts the power from the agencies to the courts.

The danger of this decision is that more Americans will suffer from the worse effects of climate change, air pollution, and other environmental harms that current government regulation protect against. Any time that the Court makes it harder for the government to regulate and easier for businesses to challenge regulations, it makes it more likely that industries will injure the public and the planet in search of profits. This is basic economics in action.

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A Seismic Supreme Court Decision

Photo, posted September 17, 2020, courtesy of Thomas Hawk via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio

Eliminating plastic shipping pillows

July 17, 2024 By EarthWise Leave a Comment

Anyone who gets packages from Amazon is familiar with the plastic air pillows used to keep products safe in transit. Amazon uses almost 15 billion of them a year in North America.

Environmentalists have been urging Amazon and other vendors to cut down on the use of plastic packaging. The air-filled plastic pillows are made from plastic film, which is the most common form of plastic litter found in the sea and in seabeds along the shore. Plastic film can be deadly to wildlife such as sea turtles and sea birds. Plastic film generally can’t be composted or recycled either.

Recently, Amazon announced that it will replace its plastic pillows with recycled paper filler in all its North American markets – the United States, Canada, and Mexico – which together account for more than 70% of the retailer’s global sales. It is already making the switch in a big way and is working towards fully removing the plastic materials by the end of the year.

Replacing plastic packaging with paper is a definite improvement. Paper is recyclable and biodegradable. It isn’t perfect: if it ends up in landfills, it can contribute to methane pollution as it biodegrades. But, on the other hand, paper packaging is more likely to be recycled.

Stemming the tide of plastic waste is an ongoing effort by environmental and consumer groups. There is pending legislation in New York that aims to reduce the use of plastic packaging by 50% over 12 years by requiring manufacturers to either replace it or pay fees. The bill cleared the State Senate but has not come up to a vote in the Assembly. Similar legislation has already been passed in California, Oregon, Maine, and Colorado.

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Amazon Says It Will Stop Using Puffy Plastic Shipping Pillows

Photo, posted November 20, 2018, courtesy of Todd Van Hoosear via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio

The Spotted Lantern Fly Is A Big Problem | Earth Wise

October 27, 2021 By EarthWise Leave a Comment

The spotted lanternfly is an invasive pest from Asia that arrived in the United States seven years ago. It is a handsome and colorful insect, but it feeds on the sap of more than 70 plant species, leaving them susceptible to disease and destruction from other natural antagonists. It destroys fruit crops, trees, and plants by hopping from plant to plant, crop to crop, and tree to tree.

Several states have established quarantines aimed at preventing the spread of the insects. Pennsylvania, where they were first detected in the U.S., issued an Order of Quarantine and Treatment that imposes fines and even potential criminal penalties on anyone who intentionally moves a spotted lanternfly, at any stage of its life, from one sort of location to another. The insects hop and fly only short distances, but they can hitch a ride on vehicles, clothing, and other objects that people bring with them. They have now spread to at least nine states, primarily in the Northeast.

Lanternflies arrived in New York City last year and quickly made it to the Most Wanted List for environmentalists. The City’s Parks Department says: “If you see a spotted lanternfly, squish it, dispose of it, and report it to us.” New York’s Department of Agriculture has asked people in the Finger Lakes region, home of numerous vineyards, to collect specimens and provide specifics on where they were found.

Lanternflies are harmless to humans, but they threaten everything from oak, walnut, and poplar trees to grapes, almonds, and fruit orchards. As the species continues to spread across the country, federal and state officials have a unified message: if you come across a spotted lanternfly, kill it.

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Die, Beautiful Spotted Lanternfly, Die

Photo, posted August 30, 2018, courtesy of the USDA via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

Excluding Climate Change From Infrastructure Planning | Earth Wise

January 14, 2020 By EarthWise Leave a Comment

According to a new Trump administration proposal, federal agencies would no longer need to take climate change into account when evaluating infrastructure projects. The proposed changes to the 50-year-old National Environmental Policy Act (NEPA) are aimed at speeding up approvals for highway construction, pipelines, oil and gas leases, and other major infrastructure projects.

Under NEPA, federal agencies are required to consider how their proposed actions would affect everything from water quality to wildlife to greenhouse gas emissions. They’re also required to understand how rising seas and other consequences of climate change might affect a given project. These requirements have proven to be an obstacle to projects like the Keystone XL pipeline, for example.

According to reporting in the New York Times, the administration also plans to narrow the range of projects that require environmental review in the first place. That could make it more likely for projects to be approved without having to disclose plans to do things like cut down trees, discharge waste, or increase air pollution.

The administration says that the changes would improve the environmental review and permitting process while ensuring a safe, healthy, and productive environment. Environmentalists say the proposed changes would weaken critical safeguards for air, water, and wildlife.

The proposed changes to NEPA would revise the rules that guide the implementation of the law, as opposed to amending the act itself. Once these proposed changes appear in the federal register, the public will have 60 days to comment on them.

A decision on whether or not to weaken the nation’s benchmark environmental law is expected before November.

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Trump Rule Would Exclude Climate Change in Infrastructure Planning

Photo, posted February 23, 2016, courtesy of Lissy Wild via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

Drilling In California

May 16, 2019 By EarthWise Leave a Comment

More than one million acres of public and private land in California may soon be opened up to oil drilling and hydraulic fracturing, according to a plan recently released by the Trump Administration. The proposal raises environmental concerns, and comes at a time when opposition to oil and gas drilling in the state is growing.

The plan, put forth by the Bureau of Land Management, would end a five-year moratorium in the state on leasing federal public land to oil and gas developers. In 2013, a federal judge put the moratorium in place until the environmental risks of hydraulic fracturing, or fracking, could be better evaluated.

Fracking is the process of injecting liquid at high pressure underground in order to crack open rocks and extract oil or gas. Well-documented risks associated with fracking include air and water pollution, as well as increased risks of oil spills and earthquakes.

Nevertheless, the Bureau of Land Management, which is part of the U.S. Department of the Interior, released its 174-page environmental impact statement with the proposal to open up 1,011,470 acres of land to fossil fuel extraction, impacting the California counties of Fresno, Kern, Kings, San Luis Obispo, Santa Barbara, Tulare, and Ventura.

Unsurprisingly, the draft plan has been praised by industry groups who say concerns are misguided, and slammed by environmentalists who say the move poses a serious public health risk and could lead to a “fracking frenzy.”

The proposal is now subject to a 45-day period for public comment, after which the Interior Department will determine how to proceed. A link to weigh in on the proposal can be found here .

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Trump fracking plan targets over 1 million acres in California

Bakersfield Field Office Hydraulic Fracturing Draft Supplemental Environmental Impact Statement

Photo, posted March 14, 2010, courtesy of Mike Baird via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

Coal Isn’t Even Cheap Anymore

May 15, 2019 By EarthWise Leave a Comment

Coal has historically been very cheap compared with many other energy sources and the reason is that it is so plentiful. The United States has especially abundant quantities of the stuff – perhaps a quarter of the world’s estimated recoverable reserves. Estimates are that at the rate at which we are currently using coal here, the remaining reserves would last about 325 years.

That would be great, of course, if the use of coal was not relentlessly destructive to the environment, hazardous to human health, and a major driver for global warming. Despite all of that, the Trump administration is a big booster of coal.

But coal has little chance of holding on to its current status, much less having some kind of renaissance. According to a new report from renewables analysis firm Energy Innovation, nearly 75% of coal-fired power plants in the United States generate electricity that is more expensive than local wind and solar resources. Wind power, in particular, can at times provide electricity at half the cost of coal.

Wind and solar power are growing by leaps and bounds. The Guardian reported that by 2025, enough wind and solar power will be generated at low enough prices in the U.S. that it could replace 86% of the entire U.S. coal fleet with lower-cost electricity.

It has been known for some time that there are places where the so-called coal crossover has already taken place. But this is actually far more widespread than previously thought. Substantial coal capacity is currently at risk in North Carolina, Florida, Georgia and Texas. By 2025, Indiana, Michigan, Ohio, and Wisconsin will join their ranks.

The biggest threat to coal is not regulators or environmentalists; it is economics.

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Renewables Cheaper Than 75 Percent of U.S. Coal Fleet, Report Finds

Photo, posted May 1, 2011, courtesy of Alan Stark via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

Cleaning Up the Garbage Patch

October 16, 2018 By EarthWise Leave a Comment

We have been talking about the Great Pacific Garbage Patch for several years. Two years ago, we reported on the activities of a company called Ocean Cleanup, founded five years ago by an 18-year-old Dutch entrepreneur named Boyan Slat. Two years ago, the company was conducting comprehensive surveys of the patch, which covers an area twice the size of Texas and contains some 80,000 tons of plastic debris.

Lots Of Credit For Carbon Capture

March 23, 2018 By EarthWise Leave a Comment

These days, the federal government has mostly turned its back on efforts to mitigate climate change or, for that matter, to even recognize its existence. However,the budget bill passed in February contained a major increase in the tax credit known as 45Q, which provides incentives to businesses to develop and utilize carbon capture, utilization and storage technologies.

Germany’s Struggle

December 15, 2017 By EarthWise Leave a Comment

Germany has a reputation as one of the greenest countries on earth. They have comprehensive recycling programs, they treasure their forests, and in recent decades, they have been aggressively working to replace both nuclear and coal-fired power plants with renewable energy sources. They have been an early world leader in solar power. And their national Energiewende or “energy turn” initiative demonstrates a strong commitment to the environment.

[Read more…] about Germany’s Struggle