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Judges' interpretations of the law significantly impact climate policy
Presidential environmental regulations often face court challenges, shaping policies on climate, water, air, and wildlife.
In short:
- Environmental rules, regardless of the president, are frequently challenged in court.
- Lower federal courts, where thousands of decisions are made, often have the final say.
- Recent judicial appointments have emphasized partisan alignment over experience, affecting court decisions on environmental issues.
Key quote:
“I do think we need a Supreme Court, appellate courts, trial courts, that respect the law and respect facts and avoid this kind of activist bent.”
— DJ Gerken, president of the Southern Environmental Law Center
Why this matters:
Judges' rulings shape the effectiveness of environmental regulations, impacting the government's ability to address critical climate issues. Increased judicial skepticism can undermine efforts to manage emerging environmental challenges.
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Oil lobby pressure dooms bill aimed at curbing California refinery pollution
The Mercury News reporter Will McCarthy writes about a stalled California State Senate bill that would have tripled the fines paid by refineries for emitting toxic pollutants.
In a nutshell:
The bill, AB 1465, sponsored by Assemblymember Buffy Wicks (D-Oakland), was postponed until 2024 at the request of Wicks herself. The delay was prompted by the need for additional time to negotiate with various stakeholders, including the Bay Area Air Quality Management District and opposition groups, particularly the Western States Petroleum Association. McCarthy notes that the lobbying group has spent millions trying to influence policy decisions in recent years.The bill's fate remains uncertain, but it may resurface in the next legislative session.
Key quote:
“Once again, it’s business as usual — refineries will continue to pollute at a discount rate,” said Heidi Taylor, a member of Healthy Martinez, a local activist group that formed in the wake of a toxic release from a nearby refinery on Thanksgiving Day in 2022. “It’s disgusting. We shouldn’t have to wait for clean air and water.”
The big picture:
On the health front, exposure to toxic emissions from refineries can lead to respiratory problems, including asthma and lung irritation, as well as increased risks of cancer and other serious illnesses. Moreover, communities near refineries often bear the brunt of these health impacts.
From an environmental perspective, refinery pollution contributes to air and water contamination. Harmful chemicals released into the atmosphere can harm ecosystems, damage vegetation and contribute to the formation of smog and ozone pollution. Water pollution can occur through leaks, spills or runoff, affecting aquatic life and water quality. Altogether, refinery pollution underscores the importance of stringent regulations and monitoring to safeguard public health and the environment.
Read the article at The Mercury News.
Low-income residents in North Richmond, Calif., like similar communities around the country, pay the price in health living next to oil industry facilities, wrote Jane Kay and Cheryl Katz in 2012 for EHN's award-winning special report Pollution, Poverty and People of Color. Has much changed since then?
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Photo by Kameron Kincade on Unsplash
Maui wildfire survivors face new threat from chemical contamination that could linger for months
Maui residents have been warned that wildfires burning since 8 August have contaminated water, air and soil and could pose health risks for months to come.
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Photo by Beth Macdonald on Unsplash
European tourists head north to dodge heat, summer extended as weather changes
Tourists and tour operators are expected to head to northern Europe in the future after a summer of crippling heatwaves hit southern Europe and left travelers wondering if cooler temperatures might suit them better.
Image by F. Muhammad from Pixabay
Electric trucks could reduce air pollution, improve health
The Yale Climate Connections team writes about environmental justice advocates who are calling for a zero-emission freight transportation system.
In a nutshell:
Low-income Black and Brown communities are disproportionately affected by the harmful pollution caused by diesel trucks transporting cargo across the country. The Moving Forward Network, a nationwide coalition, is advocating for a shift to a zero-emission freight transportation system, embracing electric trucks powered by clean energy. While the EPA has introduced new rules for regulating truck emissions, they fall short of the coalition's ambitions, prompting calls for stronger regulations to ensure a healthier and happier life for those living near these concentrated vehicle routes.
Key quote:
“For people who have to live … in the area where a lot of these vehicles are concentrated, they just want to live a happy and healthy life,” Serenity Williams says. “And to do that, we need the stronger rules so the freight industry can be held to account for what they’re producing.”
The big picture:
As diesel trucks transport goods across the country, they release pollutants that contribute to climate change and negatively impact air quality. The burden of this freight pollution falls disproportionately on low-income communities of color, who often reside near highways, ports, and distribution centers. Exposure to diesel exhaust is linked to cardiovascular issues, cancer risk and even neurological impacts.
Read more at Yale Climate Connections.
More from EHN:
Regan Patterson argues that electrification isn't enough. Transportation justice requires a redistribution of power.
Krystal Vasquez reports on a study showing that low-income people of color in the U.S. are exposed to 28% more nitrogen dioxide in the air they breathe compared to their wealthier white counterparts.
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Photo by Shane McLendon on Unsplash
In rush for key metals, Canada ushers miners to its fragile north
Canada is offering incentives to mining companies to dig in its northern regions for the critical minerals needed for EVs and solar panels, writes Yale Environment 360 reporter Ed Struzik.
In a nutshell:
Canada's Critical Minerals Strategy, aimed at meeting the demand for minerals used in electric vehicles and solar power, is attracting mining companies to previously inaccessible regions in the country's north. The strategy offers tax breaks, funding incentives, and a streamlined environmental review process. While it is seen as a way to transition to a post-carbon economy, concerns are raised about potential environmental damage, such as wetland drainage and disturbance of peatlands. Critics argue that the benefits of mining may not outweigh the costs to biodiversity and indigenous communities.
Key quote:
Ontario Premier Doug Ford said, “If I have to hop on a bulldozer myself, we’re going to start building roads in the Ring of Fire.”
The big picture:
The pursuit of mining key metals for renewable energy technologies presents a delicate balancing act between reaping the benefits of combating climate change and safeguarding the environment and human well-being. While mining plays a crucial role in the transition to a cleaner energy future, concerns persist over potential ecological damage as well as the impact on Indigenous communities. Striking a sustainable balance requires rigorous oversight, comprehensive mitigation measures, and a thorough understanding of the long-term environmental and social costs associated with mining operations.
Read the article at Yale Environment 360.
Learn more: The New Lede reporter Shannon Kelleher wrote about green energy and mining pollution. Meanwhile, EHN Senior News Editor Brian Bienkowski focused on mining's legacy on Native land in our Sacred Water series.
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Top Story
The history of American air pollution, explained
The toxic air pollution that wafted over the Northeast earlier this month may have shocked some Americans unaccustomed to the smoky conditions that regularly plague Western states. But the air in cities like Washington, DC, and New York hasn’t always been as clean as it generally is today.
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