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Scott Pruitt testified before Congress and it got messy

This story was originally published by Mother Jones and is reproduced here as part of the Climate Desk collaboration.

On Tuesday, Environmental Protection Agency Administrator Scott Pruitt testified for more than two hours before the Senate Environment and Public Works committee about his first year on the job. While Senate Republicans such as Chair John Barrasso, from Wyoming, and Senator Joni Ernst, from Iowa, gave him credit for helping create jobs by loosening regulations, Senate Democrats were far more concerned with the actions he’s taken that have damaged the functioning of the agency and harmed America’s land, water, and air.

The EPA has touted the massive repeal of regulations as a major achievement of the last year, but Senator Tom Carper, a Delaware Democrat and the ranking member of the committee, saw it differently. “Those are not achievements,” he said. “Those are the complete opposite.”

The night before the hearing, Democrats on the Environment and Public Works committee released a memo entitled “Basically Backward: How the Trump Administration is Erasing Decades of Air, Water and Land Protections and Jeopardizing Public Health.” In it, they outlined some of the steps Pruitt’s EPA has taken to roll back environmental protections. “From nominating extremists to some of the highest posts in our government, to willfully ignoring sound science and stripping the protections that keep millions of Americans safe, this administration has spent its first year reversing the progress our country,” Senator Carper said in a press release about the memo.

During his testimony, Pruitt said that the EPA is going to focus on cleaning up Superfund sites at a faster pace. New Jersey Democratic Senator Cory Booker asked Pruitt if he believed that the 327 Superfund sites that are threatened by climate-fueled flooding deserved immediate attention. “Absolutely,” Pruitt replied, but he did not acknowledge the dangers from climate change. As Carper pointed out, the White House budget has proposed cutting the Superfund budget by 30 percent. Earlier this month, a list circulated by the EPA showed Superfund cleanup successes, seven of which had occurred during the Obama administration.

At his Senate confirmation hearing — which was the last time he had appeared before the committee — Pruitt famously said that he hadn’t looked into the scientific research on lead poisoning, but on Tuesday he announced the launch of a bipartisan war on lead. Senator Tammy Duckworth, a Illinois Democrat, noticed the discrepancy. “Unfortunately, your rhetoric doesn’t match your actions,” she said. “Over the last several months the administration has taken several steps that will make it harder, not easier, to limit lead exposure.” She noted that the White House has proposed slashing programs that reduce lead exposure.

Senator Duckworth went on to cite the EPA’s decision to delay the update to the Lead and Copper Rule, which limits the amount of those substances allowed in drinking water. When the Senator asked Pruitt to answer yes or no to committing to updating the rule before 2020, Pruitt attempted to provide a long explanation. Duckworth insisted on a simple “yes” or “no,” until Pruitt turned to committee chair Barrasso and asked, “Mr. Chairman, may I answer the question?” Duckworth moved on after Barrasso told him he could give a more complete answer later.

She also asked Pruitt about his unexpected trip to Morocco last December, to promote natural gas. “I don’t understand what the sale of natural gas has to do with the EPA’s mission,” Duckworth said. Without giving him time to respond, she then asked for documents containing details of his trips, which Pruitt agreed to provide. Duckworth also asked if he believed the country was a “shithole,” as Trump reportedly said about African countries earlier this month. Senator Barrasso announced her time was up before Pruitt could answer.

But perhaps the most dramatic moment of the hearing came when Senator Sheldon Whitehouse, a Rhode Island Democrat, grilled Pruitt on comments he had made in 2016, when as Oklahoma attorney general he appeared on the Pat Campbell Show. In a story first reported by Documented, a corporate interest watchdog group, Pruitt told Campbell in February 2016, “I believe that Donald Trump in the White House will be more abusive to the constitution than Barack Obama and that’s saying a lot.” Pruitt did not respond while Senator Whitehouse held up posters of his quotes on the show. “Do you recall saying that?” Whitehouse asked him. Finally, Pruitt replied that he didn’t remember making those comments.

After the hearing ended, the EPA put out a formal statement calling Trump the “most consequential leader of our time.”

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Scott Pruitt testified before Congress and it got messy

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The Trump administration just axed a decades-old air pollution policy.

The Environmental Protection Agency relaxed regulations on some major sources of pollution on Thursday. The agency repealed its “once in, always in” policy under the Clean Air Act, which had been used to regulate major polluters since 1995.

Basically: Until just now, if you own a factory or power plant that qualified as a major polluter, but was modified to reduce hazardous output, you still had to comply with the regulations that apply to major polluters.

Why is it important to regulate sources of pollution even after they’re retrofitted to emit less? Because industry has a tendency to do the bare minimum to bring factories just below the “major polluter” threshold to subvert regulations.

The “once in, always in” rule has been effective in mitigating some of the negative effects of air pollution, which include brain damage, infertility, and cancer.

That’s why environmentalists are up in arms about the EPA’s decision to repeal the policy. It’s possible that hundreds of factories will profit from the reduced regulation.

“And those harmed most would be nearby communities already suffering a legacy of pollution,” John Walke, the NRDC’s clean air director, said in a statement.

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The Trump administration just axed a decades-old air pollution policy.

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Climate change is disappearing from government websites — and from research, too.

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Climate change is disappearing from government websites — and from research, too.

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EPA says the water at a Puerto Rico Superfund site is safe. This congressman isn’t convinced.

At a hearing on the federal response to the 2017 hurricane season, New York Congressman Jerrold Nadler questioned the EPA’s decision to declare water drawn from the Dorado Superfund site OK to drink.

In 2016, the agency found that water at Dorado contained solvents that pose serious health risks, including liver damage and cancer. Yet after CNN reported that Hurricane Maria survivors were pulling water from the site’s two wells, the EPA conducted an analysis and found the water fit for consumption.

When Nadler asked Pete Lopez, administrator for Region 2 of the EPA, why his agency changed its position, Lopez responded that the chemicals are present in the water, but are within drinking water tolerance levels.

The EPA’s standards for drinking water are typically higher than international norms, John Mutter, a Columbia University professor and international disaster relief expert, told Grist. Nonetheless, he believes it is unusual for the EPA to declare water safe to drink just one year after naming it a Superfund site.

At the hearing, Nadler said the situation was “eerily similar” to the EPA’s response after 9/11 in New York. One week after the attacks, the agency said the air in the neighborhood was safe to breathe. But since then, 602 people who initially survived the attack have died from cancer or aerodigestive issues like asthma, and thousands more have become sick.

“The [EPA’s] history of making mistakes makes you feel like perhaps they should be challenged,” says Mutter, citing the water contamination crisis in Flint, Michigan.

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EPA says the water at a Puerto Rico Superfund site is safe. This congressman isn’t convinced.

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Scott Pruitt just blocked expert scientists from EPA advisory boards.

Citing the risk of conflicts of interest, the EPA administrator instituted a sweeping change to the agency’s core system of advisory panels on Tuesday, restricting membership to scientists who don’t receive EPA grants.

In practice, the move represents “a major purge of independent scientists,” Terry F. Yosie, chair of the EPA’s Science Advisory Board during the Reagan administration, told the Washington Post. Their removal paves the way for a fresh influx of industry experts and state government officials pushing for lax regulations.

The advisory boards are meant to ensure that health regulations are based on sound science, but that role may be changing. As of Tuesday, the new chair of the Clean Air Safety Advisory Committee is Tony Cox, an independent consultant, who has argued that reductions in ozone pollution have “no causal relation” to public health.

The new head of the Science Advisory Board is Michael Honeycutt, the head toxicologist at the Texas Commission on Environmental Quality, who has said that air pollution doesn’t matter because “most people spend more than 90 percent of their time indoors.”

The figureheads of science denial were on hand to celebrate Pruitt’s announcement. Representative Lamar Smith, a Republican from Texas, called the move a “special occasion.”

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Scott Pruitt just blocked expert scientists from EPA advisory boards.

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This was a bad weekend if you’re worried about the Environmental Protection Agency.

Toward the end of the last ice age, about 19,000 years ago, the sea rose in several large spurts, according to a new study of coral reefs that grew during this period.

This contradicts assumptions that sea level rises gradually. Instead, coral fossils show sudden inundations followed by quieter periods. This offers new information that supports the theory that glaciers and ice sheets have “tipping points” that cause their sudden collapse along with a sudden increase in sea level.

Researchers at Rice University surveyed deep-sea coral fossils in the Gulf of Mexico, scanning their 3D structures to analyze them for growth patterns. Coral likes to live close to the surface, so it grows slowly when sea level is constant. But when sea level rises quickly, the coral grows vertically to try to stay near the surface, forming terraces.

“The coral reefs’ evolution and demise have been preserved,” lead author of the study, Pankaj Khanna, said in a press release. “Their history is written in their morphology — the shapes and forms in which they grew.”

Whether the future is written in these forms, too, remains to be seen.

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This was a bad weekend if you’re worried about the Environmental Protection Agency.

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Puerto Ricans might be drinking Superfund-polluted water, the EPA says.

In a memo leaked last week, Department of Homeland Security adviser Tom Bossert recommended White House staff pivot to a “theme of stabilizing” with regard to messaging around the humanitarian crisis in Puerto Rico.

President Trump, however, appears to have missed that particular update. On Thursday morning, he threatened to pull federal relief workers from the devastated island just three weeks after Maria made landfall.

Meanwhile, most of Puerto Rico is still without power, hospitals are running out of medical supplies, and clean water remains scarce.

Trump isn’t the only prominent Republican refusing to recognize the severity of the crisis. In an interview with CNN on Thursday morning, Representative Scott Perry, a Pennsylvania Republican, accused host Chris Cuomo of fabricating reports of the severity of the disaster.

“Mr. Cuomo, you’re simply just making this stuff up,” Perry said. “If half the country didn’t have food or water, those people would be dying, and they’re not.”

45 Puerto Rican deaths have been officially confirmed so far, and reports from the ground indicate the unofficial number of deaths due to the storm is higher.

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Puerto Ricans might be drinking Superfund-polluted water, the EPA says.

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Trump administration to replace Clean Power Plan with ‘dirty power plan’

This story was originally published by Mother Jones and is reproduced here as part of the Climate Desk collaboration.

President Donald Trump claimed in September that he did away with the Clean Power Plan, one of the Obama administration’s most ambitious efforts for tackling climate change. The plan was the first to set a limit on carbon pollution from existing power plants. Dispensing with the regulation, Trump told a rally in Alabama, was simple as, “boom, gone.”

Of course the reality is more complicated. Because the Clean Power Plan is a finalized regulation from the EPA, the agency also has to put forward its justification for repealing it. During an appearance on Monday at the coal-mining town of Hazard, Kentucky, administrator Scott Pruitt announced his plans to sign the draft proposal to repeal the 2015 climate rule.

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“The war on coal is over,” Pruitt said. “Tomorrow in Washington, D.C., I will be signing a proposed rule to roll back the Clean Power Plan. No better place to make that announcement than Hazard, Kentucky.”

The Clean Power Plan was crafted to cut carbon pollution from existing power plants 32 percent by 2030, by having states devise their own proposals for creating a pollution-cutting mix of renewables, gas, nuclear, and energy efficiency. But the Supreme Court stayed the rule in 2015, so its implementation stalled while the U.S. Court of Appeals for the District of Columbia Circuit heard the case brought by 26 states and coal companies like Murray Energy, which is owned by Trump donor Bob Murray. So far, the court hasn’t ruled, waiting to see what the Trump administration does next.

Another wrinkle is that the Trump administration eventually has to do something because it technically can’t ignore the EPA’s determination that greenhouse gases endanger public health, a finding compelled by a landmark Supreme Court decision in 2007. If they do nothing, they still risk lawsuits for not enforcing the Clean Air Act.

As I reported in August:

Whatever the administration decides, it will need to publish a written justification, which will be scrutinized by environmental groups in a likely lawsuit on the decision. The administration faces a similar quandary that plagued the GOP during the health care fight: Repeal the Clean Power Plan outright, or replace it with a shell of a rule?

According to a leaked draft of the EPA’s proposal, the Trump administration is choosing the first option — but with a twist. The 43-page document lays out the reasoning for repealing the rule by stressing the costs of implementation without factoring in the benefits from air pollution reduction and its contribution to combating climate change. The public is also invited to comment on alternatives for replacing it, without the EPA proposing any replacement of its own.

Janet McCabe, former head of the EPA office of air and radiation, explained that seeking input before even proposing a replacement “is not a legally necessary step.” Agencies use this step “sometimes to seek broad input before they put their own thoughts down into a proposal, which necessarily signals a particular policy and legal direction.”

A former EPA attorney that helped craft the Clean Power Plan told Mother Jones that the agency’s invitation to the public to comment is actually its own stalling tactic. The extra step pushes back the EPA’s regulatory timeline for nine months, at least. The reason the status quo appeals to the administration’s coal allies is that the implementation of the Clean Power Plan was delayed by the Supreme Court while current legal challenges played out. The coal industry only gains by the EPA delaying a replacement climate regulation, because the longer it’s put off, the longer it can pollute without limit. By stalling, Pruitt kicks the can down the road, by betting that the status quo of no rule in place is better than a replacement.

“Pruitt doesn’t believe in this stuff, so he’s actually in a paradoxical position,” says Joe Goffman, the former EPA attorney who is now at Harvard Law School’s environmental program. “If they do propose a replacement for the Clean Power Plan, what he’ll be doing is putting his signature on the proposal which will require to some extent power plants to address their carbon emissions.”

Nothing Pruitt is proposing now changes the underlying legal and scientific reasoning for why the EPA needs to do something on carbon emissions from the coal sector. Natural Resource Defense Council’s Climate and Clean Air Director David Doniger says the administration’s strategy is basically “replacing the Clean Power Plan with a dirty power plan.”

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Trump administration to replace Clean Power Plan with ‘dirty power plan’

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Scott Pruitt took a $14,000 flight to Oklahoma to talk about closing EPA offices

This story was originally published by Mother Jones and is reproduced here as part of the Climate Desk collaboration.

Health and Human Services Secretary Tom Price resigned on Friday, following revelations that he had taken at least two dozen private and military flights at taxpayer expense since May. But who hasn’t been taking private flights among the members of President Trump’s Cabinet? We now know that Treasury Secretary Steve Mnuchin, Environmental Protection Agency Administrator Scott Pruitt, and Interior Secretary Ryan Zinke have all flown on noncommercial or government planes rather than commercial ones, collectively racking up hundreds of thousands of dollars in costs to taxpayers. Zinke went so far as to fly on a plane owned by oil and gas executives after giving a motivational speech to Las Vegas’ new National Hockey League team.

For Pruitt, the news comes as he’s found himself battling several other mini-scandals from his short tenure. He’s faced congressional inquiries for having an 18-person, 24-hour security detail, building a nearly $25,000 secure phone booth for himself, and taking frequent trips to his home state of Oklahoma. But the most jarring aspect of his plane controversy is how it looks against the Trump administration’s proposal to cut one-third of the EPA budget.

The Washington Post reported Wednesday that Pruitt has taken at least four trips on chartered and government flights since his confirmation, at a cost of $58,000, according to documents provided to a congressional oversight committee. The EPA has defended Pruitt’s travel by saying the four noncommercial flights were for necessary trips to meet stakeholders around the country and that there were special circumstances that prevented commercial flying.

But what exactly was Pruitt up to on these trips? On one of them, his only public meeting in Oklahoma, he and six staffers took an Interior Department plane from Tulsa to Guymon, a town in Oklahoma’s panhandle, at a cost of $14,400. The trip’s stated purpose was to meet with landowners “whose farms have been affected” by a federal rule making more bodies of water subject to regulation under the Clean Water Act. Pruitt has argued for overturning the rule since before his arrival at the EPA, and he has begun the process of reversing it.

One of the things Pruitt reportedly talked about in his meetings with farmers in late July was closing the EPA’s 10 regional offices and reassigning staff to work in state capitals. According to an affiliate of the Oklahoma Farm Bureau that helped organize the event and was tweeting about his remarks that day, Pruitt floated the idea to an audience of farmers assembled in Guymon.

A screenshot of the tweet provided to Mother Jones. The original tweet appears to have been deleted.

The farm policy publication Agri-Pulse took note of the tweet and requested comment from the EPA at the time. Agency spokesperson Liz Bowman told the publication that Pruitt “believes it is his responsibility to find the best and most efficient way to perform environmental protection” but repeated that there weren’t plans to close any regional offices “in the foreseeable future.”

Politico reported earlier this year that the White House was looking at shutting down two of the EPA’s 10 regional offices in its budget request. A Chicago Sun Times columnist reported that the Chicago EPA office, where 1,000 people work, could be on the chopping block. Though the agency quickly denied the rumors, there were protests not just from EPA staff, but from Democratic and Republican politicians representing areas that would be affected. By June, the idea appeared to be off the table. That month, Pruitt told members of the House Appropriations Committee that he did not intend to close regional offices. He dismissed the reports that he was considering closing the Chicago office as “pure legend,” saying, “It is not something that is under discussion presently.”

The EPA employs roughly 15,000 people, many of whom work across the country in regional offices, carrying out day-to-day environmental oversight and delivering grants to fund state environmental programs. In early May, Democratic senators who sit on the oversight committee for the EPA wrote to Pruitt, “Whether reviewing discharge permits for compliance with Federal pollution standards and state water quality standards, or inspecting facilities to see if they are operating in compliance with their permits, we count on regional staff to provide guidance to state pollution control staff, the public and regulated entities.” Regional staff, for instance, have played a key role in the response to recent hurricanes, analyzing soil and water samples for contamination. It’s unlikely that Pruitt would seek simply to move the EPA’s regional office staffers to state offices. He has already sought to cut more than 1,000 positions from the agency through buyouts, and the closure of regional offices could be an additional pretense to eliminate jobs.

On Thursday, the EPA declined to give Mother Jones more context on Pruitt’s remarks about regional offices that day or why he would be floating the idea well after denying it was under consideration. Instead, EPA spokesperson Jahan Wilcox offered this statement: “Anyone that takes time to read President Trump’s budget will realize that no money is allocated to close down regional EPA offices.”

The president of the EPA employees union, John O’Grady, commented that closing regional offices and moving the regulators into state capital buildings would be “a whole ball of wax” that the administration hasn’t thought through.

“If they do that, I’m going to come out and say quite frankly we’re thrilled that the administration has decided to put U.S. EPA employees at the state office,” he said. “Now we can tell for sure that the states are following federal laws correctly.” He added, “They’re trying to dilute the EPA as a cohesive unit. They’re trying to get rid of us.”

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Scott Pruitt took a $14,000 flight to Oklahoma to talk about closing EPA offices

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EPA employees eagerly leak documents from their mandatory anti-leaking class.

“If you just look at the energy sector, we need about a trillion a year,” Barbara Buchner says about the gap between between our climate goals and the amount of investment in developing solutions.

To spur those needed investments, Buchner’s group, The Lab, just launched a new crop of projects aimed at making it easier for investors to put money into green investments. Projects include partnerships between hydropower operators and land conservation and restoration efforts and “climate smart” cattle ranching initiatives in Brazil, as well as more esoteric exploits in private equity and cleantech development.

There are three main barriers that keep investors away from innovative projects, Buchner says: lack of knowledge of new projects, perception of higher risk, and an unwillingness to go in alone on unproven projects.

Breaking down these barriers is important because that climate investment gap can’t be closed by government spending alone.

“It’s the backbone, it’s the engine behind overall climate finance,” Buchner says of these early, targeted projects by governments and non-governmental organizations. “But the private sector [investors] really are the ones that make the difference.”

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EPA employees eagerly leak documents from their mandatory anti-leaking class.

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