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Killing California car pollution rules could kill speed limits

If you want to upend a half-century of legal tradition, you better have a damn-solid argument to justify your move. Especially if it’s a legal move so broad that it could nullify local speed limits.

President Donald Trump is attempting a tectonic upheaval of precedent by telling California it can’t set its own rules for the greenhouse gases coming out of cars. The administration’s rationale is so broad, according to one law professor, that it would wipe out a lot more than the state’s ability to set its own standards. It could also outlaw state gas taxes, city speed limits, and various other local rules. If courts agree, the Trump administration’s case would lead to a tremendous shift of power from state and local governments to Washington.

“Their interpretation is just so broad, and so lacking in any limiting principles, that I couldn’t determine why even the most silly example wouldn’t apply,” said Greg Dotson, an assistant professor at the University of Oregon School of Law, who wrote a paper examining the administration’s argument.

Since the late 1960s, California has been setting car-pollution rules that go beyond the federal standards, and, until recently, the federal government has endorsed that as a reasonable way for state governments to deal with their own unique situations. It all started because California had more cars and more smog than other states.

But now the Trump Administration is trying to change all that, basing its argument on a line from the Energy Policy and Conservation Act of 1975, which covers federal fuel economy standards. The relevant part:

“no State or political subdivision of a State shall have authority to adopt or enforce any law or regulation relating to fuel economy standards or average fuel economy standards applicable to automobiles covered by such Federal standard.”

On its face, that seems pretty cut and dry. If there’s a federal gas mileage standard, states and cities can’t mess with it. But if that’s the right interpretation, Dotson notes, there’s a ton of laws “relating to fuel economy standards” that would be in deep trouble. Gas taxes and speed limits affect vehicles’ fuel economy more than California’s greenhouse gas rules, as do local laws like bans on idling cars (which exist in nine states and many cities), and rules on the speed you can go when towing a trailer.

“Would anyone expect or want some 50-year-old law to pre-empt every state gas tax?” Dotson asked. “It’s goofy.”

There’s a lot more legalese to the administration’s argument, but that line from the Energy Policy and Conservation Act is the foundation, said Caitlin McCoy a fellow at Harvard Law School’s Environmental and Energy Law Program.

“It’s everything,” McCoy said. “And it’s indicative of the strategy that the Trump administration has employed on environmental issues, looking for limiting principles in the underlying statutes so they can achieve the biggest cuts to authority.”

And it’s not like the Trump White House is strictly interested in slashing state authority. It argued on the side of state’s rights when fighting the Clean Power Plan, McCoy said.

California and 22 other states have already sued the Trump administration in federal court to stop the move. That means the courts will decide whether there’s any good reason to let states keep the power to set their own rules. If you want a preview of how this might play out in court, it’s worth looking at the last attempt to take away the rights of states to regulate car emissions. In 2007, President George W. Bush’s administration tried to strip California’s authority to regulate greenhouse gas pollution from cars. But the Bush administration wasn’t exactly enthusiastic about pursuing the case. As Dotson wrote, a lawyer from the EPA explained that “After review of the docket and precedent, we don’t believe there are any good arguments against granting the waiver [allowing California to regulate greenhouse gases]. All of the arguments . . . are likely to lose in court if we are sued.”

But we never saw that put to the test. When President Barack Obama came into office in 2009, he granted California’s authority to make its own rules, putting off the fight until now.

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Killing California car pollution rules could kill speed limits

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Are big cars really safer like Trump says?

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Are big cars really safer like Trump says?

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It’s California vs. Trump in ‘the fight of a lifetime’ over emissions standards

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It’s California vs. Trump in ‘the fight of a lifetime’ over emissions standards

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Berkeley triggered a chain of anti-gas laws

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Berkeley triggered a chain of anti-gas laws

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Companies don’t want Trump’s ‘business-friendly’ methane rollbacks

The Environmental Protection Agency announced plans late last week to eliminate an Obama-era rule that required oil and gas companies to monitor and control the release of the potent greenhouse gas methane during their operations.

The proposed standards would no longer require new natural gas wells, pipelines, and storage facilities to detect and limit leaking methane, the primary component of natural gas which packs at least 25 times the atmosphere-warming power of carbon dioxide.

A number of parties have spoken out against the regulatory change, including Democratic politicians, public health experts, environmental activists, and of course, scientists. But perhaps the most surprising opponents are those it ostensibly benefits: major oil and gas companies like BP, ExxonMobil, and Shell. It seems counterintuitive for big businesses to oppose regulatory cuts, especially since Trump has touted his rollbacks as business-friendly. Why would large oil companies would actually want to be regulated?

There are two main reasons. The first has to do with public relations. Many fossil fuel companies are trying to revamp their image as the public learns about how much and how early the fossil fuel industry knew about climate change (spoiler: a lot, and the 1970s, respectively). Part of their PR push is positioning themselves as part of the solution, by pushing natural gas as a “cleaner” fossil fuel that can be used alongside alternatives like wind and solar.

Gretchen Watkins, president of Shell’s U.S. division, which has fracking and refining operations in more than 70 countries, has said that methane leaks are “a big part of the climate problem, and frankly we can do more.” A study last year estimated that 13 million metric tons of natural gas is lost through leaks each year, about 2 percent of all natural gas produced in the U.S. On Thursday, Watkins announced Shell’s plans to reduce methane leaks from its own global operations to less than 0.2 percent by 2025. And Shell isn’t the only fossil fuel company going full-steam ahead with the “we’re part of the solution” message. More than 60 companies have already pledged to curb methane emissions independent of government regulations.

The second reason the biggest oil and gas firms oppose the rollback has to do with competition among oil and gas companies. Multinational companies like BP and Shell could easily afford to comply with the Obama-era methane rule. (The EPA has said the regulatory rollback will save the oil and natural gas industry $17 million to $19 million per year, a drop in the oil barrel for a $388 billion company like Shell.) The regulation basically just forced big companies to capture natural gas more efficiently, which is good for their bottom lines. But softening the methane rule will actually help smaller oil and gas companies, which have smaller profit margins and can’t as easily comply with regulations. So, from the perspective of fossil fuel behemoths, cutting the methane rule gives a leg up to the little guys.

This isn’t the first time President Trump’s “pro-business” plans have met a tepid response from the industry he was trying to boost. Some electric utility companies have opposed weakening Obama-era limits on toxic mercury pollution — many have already spent billions to comply with the Obama-era rule, so eliminating it does little to help them now. And automakers have continued to balk at the administration’s plans to roll back fuel efficiency standards. With California maintaining higher standards, automakers are caught in the middle and are increasingly siding with the Golden State (as is the U.S. Chamber of Commerce), for the simple reason that they don’t want to produce different cars for different states. Just last week, the President furiously tweeted that Henry Ford was “‘rolling over’ at the weakness of current car company executives.”

Though the auto industry is protesting the regulation changes for different reasons from the oil industry, both are related to the fact that the Trump administration is woefully behind the times. The established regulations, along with consumers who are increasingly concerned about the climate, have set the market on a different path. New technologies are being implemented, and time and money have been invested in products that will meet new green demand. As a result, many fossil fuel, car, and energy companies would rather stick to the old plan than accept a regulatory gift from the Trump administration that’s more trouble than it’s worth.

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Companies don’t want Trump’s ‘business-friendly’ methane rollbacks

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This group is teaching new sailors how to tackle plastic pollution

The Bronx’s City Island docks are a strange mixture of outer-borough New York and New England coast. There are crusty boatyards and pristine yacht clubs, seedy seafood joints and fancy oyster bars, “my she was yar” schooners and “I’m on a boat” party cruisers. But the love of the ocean has always had the ability to bring disparate-seeming forces together — including, in this case, climate activism and the American Sailing Association.

On a recent summer morning, I headed to the docks to watch Dave Jenkins prepare a small sailboat. Life vests and nautical maps in hand, Jenkins — a charismatic middle-aged man decked out in an appropriate sailing ensemble (boat shoes included) — boarded a vessel which was moored at the Harlem Yacht Club. We had been going back and forth for months trying to find the right time to head out on the water, only to be forced to reschedule several times due to unfavorable weather conditions. First it was the cold, then the heat, then torrential rain — the kinds of extremes that climate scientists say we should expect more of in the near future.

But on that day, with the sun shining bright and a slight breeze in the air, Jenkins assured me conditions were “ideal for sailing.”

“This is my playground,” Jenkins said of the open water. But it’s not just his alone — the way he sees it, the water belongs to everyone. He takes his sailboat, the Mary Lou, out regularly, showing students how to explore the five boroughs by way of its many waterways. While many people think of sailing as an exclusive endeavor, Jenkins says there are ways to keep the sport accessible. For example, there are a lot of old sailboats out there that sell for cheap and don’t require expensive fuel compared to one of those pesky motorboats.

“There’s so much to do in the city, they forget about the sixth borough — the water,” Jenkins said.

Jenkins’ love of the water is infectious. But in order for future generations to continue to enjoy it, he knows seafarers like himself need to do more than attract new talent. They also need to keep the ocean as clean as possible. And so every time he takes the sailboat out to open water, whether he’s hanging out with friends or instructing students, he keeps an eye open for any plastic debris.

Grist / Paola Rosa-Aquino

Jenkins says cleaning up trash while you are out on the water is something many sailors have been doing for a long time. But thanks to a new ocean cleanup program by the American Sailing Association, one of the world’s biggest coalitions of sailing enthusiasts, trainers, and charter companies, the habit is becoming formalized.

The group started the crusade, called Operation Plastic Pollution Purge, last year. The campaign, which, according to the American Sailing Association’s website, has exposed around 111 million people to the concept of ocean conservation, urges boaters to reduce or eliminate the number of plastic items they bring on their vessels and to collect and properly dispose of any trash they see while they’re out on open water. It’s an especially important value to instill in new sailing enthusiasts, and something organization says it is uniquely situated to do given its 300 schools and 7,000 instructors.

“It has to start with one person, and what better group of people than sailors,” Lenny Shabes, CEO and founder of the American Sailing Association, told Grist.

Granted, not all types of boats are great for the environment. Big cruise ships, for example, run off of diesel fuel and can actually end up being more harmful to the planet per mile even compared to air travel. But sailboats are largely wind-powered, and when decked out with solar panels like the one currently transporting 16-year-old Swedish climate activist Greta Thunberg to the U.N. Climate Summit in New York City, can provide a net-zero means of transportation even across long distances.

More than that, Shabes says sailing can benefit the planet because it can make people realize they have a special responsibility to the water. “It’s a very spiritual thing. There’s no propulsion involved, other than what the good earth gives you. The difference between living in New York City and going sailing in the Long Island Sound, which is one of the most beautiful places in the world to sail is immense. To see it become polluted because some yahoo doesn’t care and throws the plastic bottle overboard — it irks me.”

And between the planet’s warming waters and humanities’ growing trash problem, the oceans need all the love they can get. Scientists don’t know exactly how much plastic trash is in the ocean, but some estimates suggest that as much as 244,000 metric tons might bob on the surface. Another 8.5 million metric tons are though to settle on the ocean floor per year. The United Nations estimates that by the year 2050 there will be more plastic debris in our oceans than fish.

“It’s as if you took a New York City garbage truck and dumped it full of plastic into the ocean every minute of every day,” Jenkins said.

If that trash stays at sea, it could cluster up in trash hot spots, the most famous of which is a swirling mass of garbage twice the size of Texas. The patch is located somewhere between California and Hawaii called the Great Pacific Garbage Patch. There, currents deposit waste like abandoned fishing gear, bottles, and tiny pieces of pulverized plastics.


Back at the City Island docks, Jenkins and I were just about ready to set sail on our trash-finding venture. As the Mary Lou pulled out from the Bronx and into the open water, it felt like an escape from city life. To the east lay the Sound, Connecticut to the north and Long Island to the south. We headed toward the Long Island Sound.

Jenkins surveyed a nautical chart as we headed south and the ship neared the Throgs Neck Bridge. It wasn’t long before we spotted our first piece of refuse — a bright yellow bag floating on the waves. Jenkins quickly redirected the Mary Lou, grabbing a handy net. As we cruised by, he dipped it into the water and lifted it up to reveal a soggy bag of Funyons. After about three hours of sailing, we’d amassed a modest bag’s worth of trash. Jenkins said that if we’d gone sailing on a Monday after people were in surrounding beaches over the weekend, he would have expected even more prices of plastic surrounding the ship.

Grist / Paola Rosa-Aquino

Of course, it will take more than a few sailing trips to solve the ocean’s plastic problem. That’s why many countries are either restricting or even wholesale banning single-use plastics. But Bonnie Monteleone, executive director of the Plastic Ocean Project, says these small-scale clean-ups can still do a lot of good. As part of a separate cleanup effort, she hired charter fishermen to pick up trash they see offshore. “Just that exposure of getting people to become aware of how much trash is out there — I call it “the magic eye,” Monteleone told Grist. “Once you do you can’t unsee it. I think any opportunity that will get people out on the water [for this kind of effort] will cast a wider net and get more people proactive at picking up what they see. “

And the stakes are high: The billions upon billions of items of plastic waste choking our oceans, lakes, and rivers and piling up on land is more than unsightly and harmful to plants and wildlife. According to Lauren Coiro, the American Sailing Association’s marine conservationist, plastic Pollution is a very real and growing threat to human health. “In terms of the health of marine life, it’s not good,” Coiro told Grist. “In terms of our own health, it’s not good.”

Indeed, the toxic chemicals leach out of plastic and can be found in the blood and tissue of nearly every one of us. Exposure to these substances is linked to cancers, birth defects, impaired immunity, endocrine disruption and a whole slew of other ailments. What’s worse, instead of breaking down, plastic breaks into smaller and smaller pieces called microplastics, making it even harder to clean up.

But on a macro level, ocean cleanups can still do their part to help rid the ocean of its plastic scourge. And who better to lead the way than people who are already on the waves? “Sailors are naturally a really easily motivated group of people,” Coiro says. “When we asked sailors to start talking about this and take leadership … a lot of sailors [were] happy to do it..”

At the end of our rendezvous on open water, Jenkins packed the sails away, a process that requires the utmost care to avoid twists, tears, and tangles. With the lines finally coiled and the sails covered, and Mary Lou was tucked in for the day — but perhaps not for long.

If weather conditions are favorable, Jenkins says he’ll go back out and do the same thing all over again tomorrow.

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This group is teaching new sailors how to tackle plastic pollution

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22 states sue the Trump administration over its climate ‘plan’

Twenty-two states and seven cities sued the Trump administration on Tuesday over the Environmental Protection Agency’s new plan for power plants. The lawsuit alleges that the so-called Affordable Clean Energy rule would accelerate the impacts of the climate crisis and impose health and safety risks on Americans.

The challenge — led by the states of New York, Massachusetts, California, Rhode Island, Hawaii, and the cities of Chicago, Los Angeles, New York, and Philadelphia — comes two months after the EPA finalized the plan. The new rule replaced the Obama-era Clean Power Plan that set ambitious goals aimed at weakening carbon emissions coming from power plants. It gives a bit more elbow room to coal-powered stations and allows older ones to stay open longer.

“The science is indisputable; our climate is changing,” New York Attorney General Letitia James said in a tweet. “Ice caps are melting. Sea levels are rising. Weather is becoming more and more extreme. That’s why we are fighting back.”

A recent Harvard study shows that the EPA’s estimated carbon reductions from power plants under the new rule (which are pretty minor) wouldn’t hold up under changing market conditions. In addition, researchers say that the agency underestimated the health effects the rule would have in some states and overestimated its overall economic benefits.

Not that the EPA’s own projections looked pretty. The administration’s analysis found that the ACE rule, compared to the Clean Power Plan, would lead to 1,400 premature deaths by 2030 and would cost Americans $1.4 billion more per year than it saved.

Carbon dioxide emissions in the U.S. increased by roughly 3.5 percent last year. The Harvard analysis suggests that Trump’s new rule could drive emissions even higher by failing to nail down target reductions. Meanwhile, it may result in more cases of respiratory illness, heart attacks, asthma, and early death due to exposure to particulate matter and toxic air pollutants.

The new lawsuit parallels the Republican-led effort to stop the Clean Power Plan in 2015, when 24 states led by Oklahoma sued the Obama administration over the rule. The Supreme Court hit pause on the plan a year later. Soon after President Trump took office, the EPA started crafting a Trump-friendly alternative to the plan.

If you compare the states that sued over the Obama-era rule in 2015 and those that are suing the Trump administration now, it’s no surprise that you’ll see a partisan divide. Only Colorado, Michigan, and North Carolina were part of both lawsuits.

An EPA spokesperson told the New York Times, “EPA worked diligently to ensure we produced a solid rule, that we believe will be upheld in the courts, unlike the previous Administration’s Clean Power Plan.” Only time will tell — it’s possible that the challenge could go all the way to the Supreme Court.

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22 states sue the Trump administration over its climate ‘plan’

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Burn. Build. Repeat: Why our wildfire policy is so deadly

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Burn. Build. Repeat: Why our wildfire policy is so deadly

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California’s fires are getting worse, and it isn’t just the lack of rakes

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California’s fires are getting worse, and it isn’t just the lack of rakes

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150 million trees died in California’s drought, and worse is to come

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150 million trees died in California’s drought, and worse is to come

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