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Trump could face fewer hurdles to overhaul the EPA in a second term
Donald Trump, if re-elected, would likely face fewer legal and bureaucratic barriers to significantly alter environmental and climate regulations, leveraging a more favorable judicial landscape and conservative support.
Brad Plumer and Lisa Friedman report for The New York Times.
In short:
- Trump's previous attempts to roll back environmental regulations were often blocked by courts and internal resistance.
- Project 2025, led by conservative allies, outlines plans to weaken the EPA's authority on climate rules and environmental protections.
- The Supreme Court's conservative majority could facilitate Trump's regulatory changes, posing a challenge to existing environmental policies.
Key quote:
"It's going to be easier. They’re going to have better people, more committed people, more experienced people."
— Myron Ebell, former EPA transition leader
Why this matters:
A weakened EPA could result in reduced efforts to combat climate change, affecting global warming mitigation. Regulatory changes may increase environmental risks and undermine public health protections.
Trump's allies celebrate significant legal wins in energy and environmental regulation
Former Trump administration officials are feeling good about the potential for a second Trump term, following a series of favorable Supreme Court rulings that could reshape environmental regulations.
In short:
- The Supreme Court's decision to overturn the Chevron doctrine, potentially limiting agency authority on regulations, has energized Trump allies.
- Conservatives view recent court rulings as paving the way for challenges to Biden administration climate policies.
- Former Trump officials are optimistic about a second Trump term, which they believe could further dismantle regulatory constraints.
Key quote:
“It’s a very big deal and it opens the gate for reconsideration of a lot of environmental decisions and rules..."
— Mandy Gunasekara, former EPA chief of staff during the Trump administration
Why this matters:
These developments could significantly alter the regulatory landscape, reducing agency power and impacting climate change policies, with far-reaching implications for environmental health and regulatory oversight. Read more: Supreme Court undoing 50 years’ worth of environmental progress.
Supreme Court to rule on key environmental cases
The Supreme Court will soon decide on cases that could significantly impact environmental regulations and agency powers.
In short:
- The justices are set to rule on four cases affecting environmental protections, including EPA's cross-state smog controls and the Chevron doctrine.
- The 40-year-old Chevron doctrine, which allows agencies to interpret laws, is under threat, potentially altering long-standing regulatory practices.
- A separate case could open old federal rules to new legal challenges, creating the possibility of reopening old cases.
Key quote:
“Brace for impact.”
— Michael Waldman, president of the Brennan Center for Justice in a recent analysis.
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Why this matters:
As the court deliberates, the outcomes will be closely watched by a diverse array of stakeholders, including health professionals, environmental advocates and industry leaders. The decisions could set new precedents for how far federal agencies can go in implementing measures to protect the environment, impacting everything from industrial emissions to natural resource management.
US EPA grapples with funding reductions
The U.S. Environmental Protection Agency faces significant operational challenges as it attempts to maintain staffing levels and core functions despite a nearly $1 billion budget cut.
In short:
- The EPA's budget for fiscal 2024 is reduced to $9.2 billion, affecting various programs.
- The agency plans to keep staffing around 15,130 full-time equivalents despite the cuts.
- Superfund program receives support from new "polluter pays" taxes, partially offsetting budget reductions.
Key quote:
"I will say that as with everybody else a level budget is, in fact, a cut because of inflation and extra costs."
— Stan Meiburg, executive director of Wake Forest University's Sabin Center for Environment and Sustainability
Why this matters:
With fewer resources, the EPA may struggle to enforce regulations, monitor pollution, and support state and local environmental programs. The reduction in budget could also impact the agency’s ability to respond to environmental emergencies, conduct scientific research, and promote sustainable practices. The ripple effects of such a significant financial blow extend beyond the agency itself, potentially jeopardizing public health and environmental quality.
Colorado lawmakers push EPA to review Utah oil facility pollution permits
Two Colorado legislators are urging the U.S. Environmental Protection Agency to scrutinize pollution permits for Utah oil transport facilities, fearing expansions could harm residents and wildlife across state lines.
In short:
- Colorado Senator Michael Bennet and Representative Joe Neguse have asked the EPA to examine pollution permits for three Utah oil transport facilities.
- The lawmakers expressed concern about potential oil spills impacting the Colorado River, a critical water source for 40 million people and 30 tribal nations.
- They also questioned the effectiveness and enforcement of emission control measures in the permit applications.
Key quote:
“A train derailment that spills oil in the Colorado River’s headwaters would be disastrous to our state’s water supplies, wildlife habitat, and outdoor recreation assets.”
— Sen. Michael Bennet (D) and Rep. Joe Neguse (D)
Why this matters:
The expansion of these facilities could significantly increase the risk of environmental damage from oil spills, threatening water resources and ecosystems across multiple states. Residents in both states have expressed fears about the potential for increased pollution, highlighting the need for a regional approach to environmental management.
Related EHN coverage:
EPA’s new coal ash rules leave cleanup to companies
The U.S. Environmental Protection Agency has introduced updated coal ash regulations aimed at curbing groundwater pollution, but enforcement is left largely to the companies responsible for the ash dumps.
In short:
- The EPA’s new rules require companies to ensure coal ash dumps do not pollute groundwater, but implementation is mostly self-regulated.
- States vary in their enforcement, with some mandating full removal of ash from unlined pits while others allow less stringent measures.
- The new rules also include a federal permitting program, but its finalization is delayed, potentially impacting enforcement under future administrations.
Key quote:
“A ton of these surface impoundments are leaking like crazy. They have huge plumes, and the plumes need to be cleaned up before the companies walk away.”
— Barnes Johnson, former director of EPA’s Office of Resource Conservation and Recovery
Why this matters:
Contaminated groundwater from coal ash sites poses serious environmental and health risks, particularly in vulnerable communities. This move comes in the wake of several high-profile incidents where coal ash spills have caused extensive environmental damage, impacting ecosystems and communities. By improving regulations, the EPA aims to prevent such disasters, but the effectiveness of these measures will hinge on robust enforcement and accountability mechanisms.
The Biden administration delays crucial approval for California's climate rules
California's groundbreaking climate and air pollution rules face potential rollback if President Biden's Environmental Protection Agency fails to act before a looming deadline.
In short:
- The EPA has not yet approved California's request to enforce eight climate and air pollution rules.
- The Congressional Review Act (CRA) could allow future Republican leadership to nullify these rules if not approved soon.
- Former President Trump has stated he would revoke California's stricter emission standards if re-elected.
Key quote:
“President Trump is committed to doing everything in his power, and whatever is necessary, to stop Joe Biden and his far-left cronies from implementing a ban on gasoline-powered automobiles anywhere in America.”
— Karoline Leavitt, Trump campaign spokesperson
Why this matters:
If the EPA does not approve California's waivers, future administrations could easily dismantle the state's progressive environmental standards. This delay threatens the progress in reducing emissions and setting stricter environmental policies nationwide.
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