Action Alert: Oppose the “Transparency and Honesty in Energy Regulations Act”

Action Alert: Oppose the “Transparency and Honesty in Energy Regulations Act”

Action Alert: Oppose the Deceptively Named “Transparency and Honesty in Energy Regulations Act”

At the end of June, H.R. 3117, also known as “Transparency and Honesty in Energy Regulations Act of 2017” was introduced. The bill is due for markup on Thursday in the Natural Resources Committee in the House.

Here’s what H.R. 3117 does:

  • Legislates that agencies ignore or drastically undervalue the cost of climate change by creating a wide-ranging restriction on the appropriate use of the social cost of carbon (and analogous estimates for methane and nitrous oxide). This includes any existing or future estimates.
  • Ties the hands of future decision makers in responding to changing circumstances on what is a very technical process, informed by up-to-date analysis.
  • Results in government decision-making that fails to adequately account for the costly damages of climate change.

The name of H.R. 3117 is completely misleading. It is neither transparent nor honest. As has become the normal pattern of practice, efforts to cater to the fossil fuel industry are masquerading as sound public policy. Put simply, the bill aims to prohibit the Secretary of Energy, Administrator of the EPA and the Chair of the Council on Environmental Quality from considering the social costs of carbon, methane and nitrous oxide in taking any action and for other purposes.

Why Does This Matter?

Carbon, methane and nitrous oxide are all greenhouse gases that contribute to climate change. As was the case when the U.S. withdrew from the Paris Climate Agreement and the EPA proposed to rescind the Clean Power Plan in October of this year, H.R. 3117 shows we are moving backwards on policies and common sense efforts to combat climate change.

Climate change is not merely a threat to our environment and climate. It is a threat to human beings’ way of life in that it loads the dice for extreme weather events, creates droughts and flooding, leads to rising temperatures and intensifying smog. It is absurd and disastrous to suggest that there is not a social cost associated with these dangerous greenhouse gases.

What You Can Do

H.R. 3117 cannot become law. Our Congress cannot continue down the path of the executive branch of turning their backs on current and future generations when it comes to climate change. Let Congress know that H.R. 3117 flies in the face of the public interest and the environment that sustains us.

Action Alert

Climate change is real. Don’t let Congress try to muddy the water by barring federal agencies from considering of the costs of greenhouse gas pollution. Write your representatives in Congress to stop H.R. 3117 before it picks up momentum!

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Scott Pruitt’s Shameful Ploy to Undo the Clean Power Plan

Scott Pruitt’s Shameful Ploy to Undo the Clean Power Plan

On Monday, October 9, 2017, the EPA proposed to repeal the Clean Power Plan. Once it is published in the Federal Register tomorrow there will be a 60 day public comment period. [Update: read Pruitt’s delusional press release here.] As we have before for the proposed and final rule, Gasp will be commenting. It is not only regrettable, but also disgraceful that we are commenting again, this time against repealing one of the most critical plans to address and combat climate change.

Clearly the motto of this new administration is to repeal, repeal, repeal with no thought of replacing. Where Scott Pruitt sued the EPA 14 times prior to being in charge of the EPA, I cannot say I’m shocked at this announcement. But this is conscience-shocking.

Where September of this year was the most active month on record for Atlantic hurricanes and the 10 hottest years recorded have all occurred since 1998, climate change isn’t a distant threat, it’s here. The time to act has long passed and we certainly do not have time to roll back existing regulations.

EPA estimates the Clean Power Plan will prevent up to 3,600 premature deaths and 90,000 childhood asthma attacks every year once it is fully implemented.

The message today? Meh, your health, your children’s health, they don’t matter. This administration would rather coyly and ignorantly pretend they’re unsure whether carbon is a pollutant. Such an absurd position is indefensible, especially when it’s well-known who has been buttering Scott Pruitt’s bread for a very long time.

This is a slap in the face to current and future generations. If you agree, please sign our petition for climate action!

TAKE ACTION

Trump Expected to Back Out of Paris Climate Agreement

Trump Expected to Back Out of Paris Climate Agreement

Multiple news outlets are reporting that President Trump will announce this week his intentions to withdraw from the 2015 Paris climate change agreement. The move is likely to upset U.S. allies across the globe, especially considering that the accords were agreed to by 197 nations.

This is further evidence that the onus is on us to fight climate change. Here in Alabama, some of our vulnerabilities include extreme heat, increased ozone pollution, drought, wildfire, or coastal flooding. And yet our state government has not taken any action whatsoever to assessing climate change impacts.

Alabama has no plan in place for future climate risks, nor have we implemented any adaptation strategies. State funding and resilience policies are virtually non-existent. Alabama is woefully unprepared to deal with the health and environmental impacts of climate change.

Public opinion is on our side. A poll released last month by Yale University and George Mason University found that 69 percent of Americans support staying in the climate agreement. That level of support is inconceivable in these polarized times.

The support is bipartisan, too. Majorities of Democrats, Independents, and Republicans think the U.S. should remain a part of the accords. Even a plurality of Trump’s supporters (47 percent) support staying in.

Regardless of the overwhelming bipartisan support for participating in the Paris climate change agreement, we cannot lose sight of what matters most: the science.

 

Inaction is not a viable action, nor is going it alone. We have to work collaboratively with other nations to solve the intractable problem of our changing climate and start implementing solutions now. The health of our planet and, most importantly, future generations is at stake.

SPEAK UP

Federal Roundup: Trump’s First #100Days Edition

Federal Roundup: Trump’s First #100Days Edition

The news is a buzz this week with assessing President Trump’s first 100 days in office. NPR did a great Q&A with Cokie Roberts about this Presidential benchmark and its significance, if any. I have been doing my best to keep you all up to speed since day one of the new administration and how actions at the executive and federal level are affecting clean air and health. It has been a very busy first 100 days to track, sadly mostly not in a good way. Since I last blogged a couple of weeks ago, several new developments have cropped up and we have new updates.

NEW DEVELOPMENTS

  • April 27, 2017: S.987 “100 by 50” Bill. This bill is sponsored by Sen. Jeff Merkley (D-OR) and co-sponsored by Sen. Bernie Sanders (I-VT), Sen. Edward Markey (D-MA) and Sen. Cory Booker (D-NJ). This bill would phase out fossil fuels and completely replace them with clean renewable energy by 2050. The bill would put in place a comprehensive plan to ramp up renewable energy and energy efficiency, the electrification of transportation and heating, while putting a halt to the development of fossil fuel infrastructure. It also includes provisions to train workers in the transition to clean energy to encourage the deployment of clean energy in disadvantaged communities.
  • April 27, 2017: D.C. Circuit Court suspends Litigation Over MATS. On April 18, 2017 the EPA, in an email, announced its plans to file a motion to the D.C. Circuit court to ask them to delay oral arguments set for May 18, 2017 in EPA’s defense of the Mercury and Air Toxics Standards rule. In 2015, the D.C. Circuit Court did not throw out the MATS rule and instead instructed EPA to go back and consider costs (most plants subject to MATS have either complied or retired). On April 27, 2017, the D.C. Circuit Court granted EPA’s request to delay oral arguments.
  • April 28, 2017: President Trump signs Executive Order to expand offshore drilling. President Trump signed an Executive Order that calls for a “review of the locations available for offshore oil and gas exploration.” The order directs Interior Secretary Ryan Zinke to review a five-year plan in which President Obama banned drilling in parts of the Pacific, Arctic, and Atlantic Oceans.
  • April 28, 2017: D.C. Circuit Court grants EPA’s request to pause litigation over Clean Power Plan. Last month, the White House requested a 60-day hold on litigation surrounding the Clean Power Plan. On April 28, 2017, the D.C. Circuit Court granted that request. This pause allows the parties (EPA, 24 states and cities, environmental and industry groups) to file briefs addressing the future of the rule.

UPDATES ON PREVIOUS ACTIONS

  • Congressional Review Act put into play by U.S. Congress. The CRA allows senators and representatives who disapprove of a regulation to enter a resolution eliminating it. The resolutions require the signature of the president. So far this year, the following rules protecting the environment and human health have been targeted under the CRA:
    • The Department of Interior’s Stream Protection Rule. UPDATE: On February 16, 2017, President Donald Trump signed the repeal of the Stream Protection Rule.
    • Department of the Interior Methane Flaring Rule. The House voted on February 3, 2017 with no action so far from the Senate as of the date of this post. UPDATE: on March 21, 2017, some Republican lawmakers came out against using the CRA to repeal this rule. Specifically, Sen. Lindsey Graham said he believed the rule could be subject to improvement, not just cancellation. “I think we can replace it with a better reg, rather than a CRA.”
    • Drilling and Mining on Public Lands. On January 31, 2017, the House introduced a joint resolution that would repeal the rules that allow the National Park Service to manage private drilling and mining in 40 parks across the country. UPDATE: on March 26, 2017, President Trump issued an Executive Order directing the Department of the Interior to review over 20 years of national monuments under the Antiquities Act. Specifically, President Trump has asked Secretary of the Interior, Ryan Zinke, to review 24 national monuments created since 1996 and to recommend ways for Congress to shrink or abolish them. The Order requires the department to make preliminary recommendations within 45 days and affects only those monuments that are not larger than 100,000 acres. Currently monuments are now closed to new oil and gas leasing and no new mining claims can be granted there. If monuments are downsized or abolished, they will no longer be protected from drilling or mining.
    • OMB Proposed Budget Cuts to EPA and NOAA. The proposed budget cuts would reduce EPA’s staff by one fifth in the first year and eliminate dozens of programs. Specifically, EPA’s staff would be slashed from 15,000 to 12,000. The proposed budget would also cut EPA’s grants to states, including air and water programs, by 30 percent and eliminate 38 separate programs in their entirety. Media outlets also discovered a four page budget memo that would slash NOAA’s budget by 17 percent, delivering steep cuts to research funding and satellite programs. Any such cuts would have to be codified through the congressional appropriations process. UPDATE: On April 28, 217 U.S. Congress passed a bill that would extend until May 5, 2017 the deadline for a deal on federal spending through September and head off a feared government shutdown at midnight on Friday, April 28, 2017.
    • Republicans Joint Resolution on Climate Change. A group of 17 Republican members of Congress signed a resolution vowing to seek “economically viable” ways to combat global warming. No update since last post.

Bills, Bills Bills

Bill NumberSponsorDescriptionStatus
HR 998Jason Smith, R-MOEstablishes a commission to identify obsolete and unnecessarily burdensome regulations to be repealed. It also sets goals for the commission to reduce costs by 15 percent and to prioritize major rules that are more than 15 years old and rules that can be eliminated without diminishing effectiveness.No action since the bill passed the House on 3/1/2017.
HR 1009Paul Mitchell, R-MIRequires independent agencies to submit rules to the Office of Management and Budget before they are published—essentially giving the president tight control of the rule-making processNo action since the bill passed the House on 3/1/2017.
HR 1004Tim Walberg, R-MIWould require agencies to publish more detail of forthcoming rules and regulationsNo action since the bill passed the House on 3/2/2017.
HR 637Gary Palmer, R-ALBlocks the EPA’s ability to address climate changeNo actions taken since the bill was introduced. You can read our analysis of the bill here.
HR 861Matt Gaetz, R-FLWould abolish the EPA effective December 31, 2018No actions taken since the bill was introduced.
HR 958Sam Johnson, R-TXWould leave EPA with a budget of less than $1 billion. This bill would eliminate EPA climate change programs and would also close all of the EPA’s regional offices, halt new regulations on ground-level ozone pollution and require the agency to lease unused propertyNo actions taken since the bill was introduced.
H.R. 1430Lamar Smith,

R-TX

The bill works “[t]o prohibit the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible.” This bill is an attempt to revise the EPA’s scientific review process that guides their rulemaking.No action since bill passed the House on 3/29/2017
H.R. 4775Pete Olson,This bill aims to update to the national ozone standards, with various provisions that would change the way the Environmental Protection Agency reviews standards for particulate matter, lead and other air pollutants.No action since it was introduced. You can read our blog post from last year when this bill was introduced and failed.
H.R. 1731Hal Rogers,

R-KY

This is a bipartisan bill called the RECLAIM Act that would release $1 billion to create economic development opportunities in coal communities affected by the energy industry’s transition away from dirty fossil fuels.No action since the bill was introduced.

 

We are keeping our ear to the ground on any and all developments that could affect clean air and health in Alabama. Be on the look out for regular updates from us about legislative and executive actions that could threaten your health and environment. We will also always provide ways for you to act on any development, whether it’s positive or negative.

Renew Alabama Conference to Shine a Light on Climate Change

Renew Alabama Conference to Shine a Light on Climate Change

Countering a national agenda which seeks to divide us will require us to discover our shared values. Renew Alabama is a new coalition united under a common banner of social, environmental, and climate justice. Grounded in our shared humanity, experiences and faith, we are calling on community leaders and elected officials throughout Alabama to shift the paradigm.

On May 6, 2017, partner organizations will come together to host the inaugural Renew Alabama Conference. The free, full-day workshop will take place at The Edge of Chaos on the University of Alabama Birmingham campus. Participants will explore the link between social and environmental justice, how climate change will exacerbate many of these historic wrongs, and what we can do to build a more just and sustainable future.

Organizers hope the conference will ignite a conversation about how to remove barriers to clean energy, to invest in sustainable infrastructure, to increase opportunities for green jobs, and to protect public health and our environment.

Whether we seek to ignore it or not, there’s no debate that climate change will adversely impact Alabama. From saltwater intrusion of our aquifers, to increasingly powerful hurricanes, we are already witnessing many of these impacts. At the same time, addressing climate change has the potential to create thousands of new jobs and ensure a more just and sustainable Alabama for us all.

Conference hosts include the Alabama Center for Rural Enterprise, Alabama Environmental Council, Alabama Rivers Alliance, Center for Earth Ethics, Climate Speakers Network, Eagle Solar & Light, Energy Alabama, Gasp, Sierra Club Alabama Chapter, USGBC Alabama, UAB Sustainability, and Village Creek Human and Environmental Justice Society. This is an opportunity to right the many wrongs done to our communities and our earth, and to bring about a revitalization to historically disadvantaged communities.

Participants are asked to RSVP at renewalabama.com by May 2. For more information, contact Michael Hansen at 205-701-4270 or michael@gaspgroup.org.

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Federal Roundup: Recent Executive and Legislative Actions

Federal Roundup: Recent Executive and Legislative Actions

It’s been a few weeks since I updated everyone on executive and legislative actions. Sadly, this is not because there has been nothing to update; so this will be a long one! However, one reason this update is delayed is because I attended an inspiring conference two weeks ago that replenished my “hope budget” and gave me new energy to tackle the many and ever-growing attacks on clean air. Since I blogged last month, several new developments have cropped up and we have new updates:

New Developments

  • March 6, 2017: White House Announces Plan to “Close Out” Energy Star program: A spending blueprint would slash Energy Star and related programs, leaving $5 million “for the closeout or transfer of all the climate protection voluntary partnership programs.” According to our friends at ACEEE, Energy Star spend about $50 million through EPA and $7 million through the Department of Energy. According to the Obama administration, the Energy Star program saved consumers $34 billion in electricity costs and prevented more than 300 million metric tons of GHGs in one year while improving ambient air quality.
  • March 8: The HONEST Act (H.R. 1430): This proposed bill is sponsored by Lamar Smith, R-TX. The bill works “[t]o prohibit the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible.” This bill is an attempt to revise the EPA’s scientific review process that guides their rulemaking. The bill was introduced on March 8, 2017 and passed by recorded vote in the House (228 – 194) on March 29, 2017.
  • March 13: Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch: President Trump signed this Executive Order, where the stated purpose is “intended to improve the efficiency, effectiveness, and accountability of the executive branch by directing the Director of the Office of Management and Budget (Director) to propose a plan to reorganize governmental functions and eliminate unnecessary agencies (as defined in section 551(1) of title 5, United States Code), components of agencies, and agency programs.”
  • March 15: Republicans Joint Resolution on Climate Change: A group of 17 Republican members of Congress signed a resolution vowing to seek “economically viable” ways to combat global warming. It pledges to “study and address the causes and effects of measured changes to our global and regional climates” and seek ways to “balance human activities” that contribute.
  • March 17: Ozone Standards Implementation Act of 2016 (H.R. 4775). This proposed bill, sponsored by Pete Olson, R-TX, was reintroduced and aims to update to the national ozone standards, with various provisions that would change the way the Environmental Protection Agency reviews standards for particulate matter, lead and other air pollutants. The same bill failed last year and we blogged about its potential disastrous effects on air quality and public health.
  • March 21: President Trump is Not Considering a Carbon Tax: despite a meeting between Republican elder statesmen and Trump Administration officials, President Trump announced he is not considering a carbon tax.
  • March 28: Presidential Executive Order on Promoting Energy Independence and Economic Growth: President Trump signed this Executive Order. The goal is to halt the United States’ government’s attempts to curb carbon dioxide emissions with the goal of encouraging American business. We borrowed the words of our friends at NAACP on this day to express our extreme disappointment with this negligent and potentially disastrous change in course for addressing the impacts of climate change.
  • April 5: Congressional hearing on the RECLAIM Act of 2017 (H.R. 1731): At the hearing, ranking member Alan Lowenthal, D-CA, stated “[t]he idea behind the RECLAIM Act is to take part of the large unexpended balance in the [AML Fund] and devote it to projects where cleaning up mines leads to economic and community benefits. This is, quite frankly, a win-win.” There was testimony from the bill’s lead sponsor, Hal Rogers, R-KY, and three witnesses. The hearing itself was a major milestone for the RECLAIM Act.

FOLLOW UP ON ACTIONS PREVIOUSLY COVERED

  • Congressional Review Act put into play by U.S. Congress: The CRA allows senators and representatives who disapprove of a regulation to enter a resolution eliminating it. The resolutions require the signature of the president. So far this year, the following rules protecting the environment and human health have been targeted under the CRA:
  1. The Department of Interior’s Stream Protection Rule: Update: On February 16, 2017, President Donald Trump signed the repeal of the Stream Protection Rule.
  2. Department of the Interior Methane Flaring Rule: The House voted on February 3, 2017 with no action so far from the Senate as of the date of this post. Update: on March 21, 2017, some Republican lawmakers came out against using the CRA to repeal this rule. Specifically, Sen. Lindsey Graham said he believed the rule could be subject to improvement, not just cancellation. “I think we can replace it with a better reg, rather than a CRA.”
  3. Drilling and Mining on Public Lands: On January 31, 2017, the House introduced a joint resolution that would repeal the rules that allow the National Park Service to manage private drilling and mining in 40 parks across the country.

Status of Bills in U.S. Congress covered in previous posts:

Bill NumberSponsorDescriptionStatus
HR 998Jason Smith, R-MOEstablishes a commission to identify obsolete and unnecessarily burdensome regulations to be repealed. It also sets goals for the commission to reduce costs by 15 percent and to prioritize major rules that are more than 15 years old and rules that can be eliminated without diminishing effectiveness.No action since the bill passed the House on 3/1/2017.
HR 1009Paul Mitchell, R-MIRequires independent agencies to submit rules to the Office of Management and Budget before they are published—essentially giving the president tight control of the rule-making processNo action since the bill passed the House on 3/1/2017.
HR 1004Tim Walberg, R-MIWould require agencies to publish more detail of forthcoming rules and regulationsNo action since the bill passed the House on 3/2/2017.
HR 637Gary Palmer, R-ALBlocks the EPA’s ability to address climate changeNo actions taken since the bill was introduced. You can read our analysis of the bill here.
HR 861Matt Gaetz, R-FLWould abolish the EPA effective December 31, 2018No actions taken since the bill was introduced.
HR 958Sam Johnson, R-TXWould leave EPA with a budget of less than $1 billion. This bill would eliminate EPA climate change programs and would also close all of the EPA’s regional offices, halt new regulations on ground-level ozone pollution and require the agency to lease unused propertyNo actions taken since the bill was introduced.
  • February 21, 2017: Letter sent from automobile manufacturers to Scott Pruitt asking him to relax emissions requirements: The Alliance of Automobile Manufacturers sent a letter to Scott Pruitt (EPA Administrator) asking him to withdraw the Final Determination on Appropriateness of the Model Year 2022-2025 Light-Duty Vehicle Greenhouse Gas Emissions Standards under the Midterm Evaluation. Update: on March 15, 2017, President Trump announced plans to re-examine the CAFE (Corporate Average Fuel Economy) standards, taking a step back from Obama-era environmental regulations.
  • OMB Proposed Budget Cuts to EPA and NOAA: The proposed budget cuts would reduce EPA’s staff by one fifth in the first year and eliminate dozens of programs. Specifically, EPA’s staff would be slashed from 15,000 to 12,000. The proposed budget would also cut EPA’s grants to states, including air and water programs, by 30 percent and eliminate 38 separate programs in their entirety. Media outlets also discovered a four page budget memo that would slash NOAA’s budget by 17 percent, delivering steep cuts to research funding and satellite programs. Any such cuts would have to be codified through the congressional appropriations process. Update: U.S. Congress is currently in recess for the Easter holiday but are expected to consider OMB’s budget proposal upon their return.

Make sure you’re signed up to receive our e-newsletters. We send updates and action alerts about issues that could threaten air quality, public health, and the environment. We will also always provide ways for you to act on any development, whether it’s positive or negative.

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