regulations
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Biden may leave several environmental and health regulations unfinished
Key Biden administration regulations on worker protections, toxic chemicals and climate change remain unfinished, and their future will likely depend on the outcome of the 2024 election.
In short:
- Worker heat protection rules, proposed to safeguard employees during extreme temperatures, are unlikely to be completed before Biden leaves office.
- A key rule to limit gas plant emissions remains incomplete, with further regulations postponed to a future administration.
- Restrictions on PFAS, toxic "forever chemicals," remain in development, though a proposed rule has yet to surface.
Key quote:
"We are talking about a very real danger, and workers are suffering and without any kind of federal protection — that puts a lot of workers in danger."
— Juley Fulcher, worker health and safety advocate at the group Public Citizen
Why this matters:
Unfinished regulations on climate and health protections could be shelved or undone by a future administration. As extreme heat and toxic chemical exposure worsen, delayed actions may lead to greater environmental and public health risks.
Read more: Biden's climate push intensifies as elections near
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Pennsylvania accelerates into carbon capture with new legislation
Pennsylvania's government is advancing a controversial plan to capture and store carbon emissions underground, facing criticism over environmental risks and untested technology.
In short:
- Governor Josh Shapiro signed legislation to promote carbon capture and storage in Pennsylvania, though environmentalists criticize the plan, arguing it overstates benefits and overlooks risks.
- The law sets a new regulatory framework, increasing notification requirements to 75% of landowners for storage sites, and extends state liability for wells from 10 to 50 years after use.
- Some lawmakers and activists fear that carbon capture could repeat issues seen with fracking, including water contamination and inadequate environmental safeguards.
Key quote:
“Declaring a nonexistent technology to be in the public interest defies logic.”
— The Better Path Coalition, a grassroots environmental group
Why this matters:
Carbon capture is part of efforts to reduce emissions, but concerns about safety, effectiveness and potential environmental harm need thorough consideration. Critics argue that relying on unproven technology may distract from more sustainable solutions like renewable energy and stricter emission regulations.
Related EHN coverage:
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California regulators fail to enforce new oil well cleanup law
California regulators decided they lack the authority to enforce the state's new oil well cleanup law on California's largest oil company merger, potentially costing taxpayers billions.
In short:
- California’s new oil well cleanup law, passed in October, requires companies to set aside bonds to cover cleanup costs during well transfers.
- State regulators ruled the law doesn't apply to the merger of California Resources Corp. and Aera Energy, which involves about 16,000 idle wells.
- Critics argue this interpretation creates a loophole allowing companies to evade the law’s financial requirements.
Key quote:
“If a company is drilling for oil in California, they should be responsible for cleaning and closing that oil well. Not enforcing the law as intended sets-up our state for a potential financial catastrophe.”
— Assemblymember Wendy Carrillo
Why this matters:
Idle oil wells in California leak pollutants, endanger public health and pose financial risks to taxpayers. Without enforcement, the state faces escalating cleanup costs and environmental hazards.
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Trump’s climate policy legacy has lasting effects at home and globally
Former President Trump’s environmental policies, including exiting the Paris Agreement and rolling back more than 100 regulations, continue to influence climate efforts both in the U.S. and internationally.
In short:
- Trump’s withdrawal from the Paris Agreement and his regulatory rollbacks have had enduring impacts, inspiring similar actions by populist leaders worldwide.
- His administration appointed conservative judges, including three Supreme Court justices, who have ruled against federal environmental regulations, complicating Biden’s efforts to reverse Trump’s policies.
- Trump’s rhetoric has fueled skepticism about climate policies, influencing political movements in Europe to weaken climate commitments.
Key quote:
“The Trump administration was the most anti-environmental, anti-climate, anti-public health administration we’ve ever had, by far.”
— Tiernen Sittenfeld, senior vice president for government affairs at the League of Conservation Voters
Why this matters:
Trump’s policies have undermined global climate efforts and set a legal precedent that hampers future regulatory actions. These changes pose significant challenges to achieving long-term climate goals and protecting public health.
Relevant EHN coverage:
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Iowa carbon pipeline regulations challenged by Summit
Summit Carbon Solutions claims Iowa counties lack the authority to enforce ordinances restricting the siting of carbon dioxide pipelines, stating that state and federal regulators have ultimate control.
In short:
- Summit Carbon Solutions seeks to overturn county ordinances that mandate setbacks for carbon pipelines, arguing these regulations conflict with state and federal authority.
- Federal and state regulators are said to have exclusive jurisdiction over pipeline safety, according to Summit and its supporters.
- The case, involving appeals from Shelby and Story counties, will be heard by the Eighth Circuit U.S. Court of Appeals, with a decision expected next year.
Key quote:
“Local governments have traditionally exercised broad powers to regulate land use, including setback distances and property development that includes development in the vicinity of pipelines.”
— Alan Mayberry, pipeline safety administrator, PHMSA
Why this matters:
Summit Carbon Solutions’ stance underscores a broader trend where large energy and infrastructure firms seek to bypass local regulations, often arguing that a unified regulatory framework is essential for the development of critical projects. For this company, this means pushing forward with plans to construct extensive CO2 pipelines intended to capture and transport carbon emissions from industrial sources to underground storage sites. These pipelines are a key component of strategies aimed at reducing greenhouse gas emissions and mitigating climate change.
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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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New emissions regulations may worsen global warming
While cutting fossil fuel emissions has reduced deadly air pollution, it has also eliminated particles that cool the planet, potentially accelerating global warming.
In short:
- Fossil fuel burning produces sulfur aerosols that reflect sunlight and cool the Earth.
- Recent regulations have reduced these aerosols, potentially increasing global temperatures.
- Scientists debate the extent of the warming, but agree it will impact climate goals.
Key quote:
“We’re starting from an area of deep, deep uncertainty. It could be a full degree of cooling being masked.”
— Zeke Hausfather, a climate scientist and research lead for the payments company Stripe
Why this matters:
Particulate pollution, often blamed for respiratory and cardiovascular diseases, also reflects some of the sun’s energy back into space. By cutting back on fossil fuels, we reduce these harmful emissions and improve air quality, but we also lose this reflective shield. The consequence? A potential acceleration of global warming.
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