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Dec. 1, 2021 by Katlyn Schmitt

The False Promise of Carbon Capture in Louisiana and Beyond

Carbon capture use and storage is at the center of the national climate policy debate, promoted by the oil and gas industry, the private sector, and even some environmental organizations as a solution to the climate crisis.

The federal infrastructure package that President Biden recently signed into law appropriates more than $10.3 billion for the nationwide buildout of carbon capture infrastructure. Preliminary deals on the Build Back Better Act also contain expansions of the primary federal tax credit incentivizing carbon capture (45Q Tax Credit). The fossil fuel industry is targeting Louisiana as an emerging hub for carbon capture, mainly because of the large concentration of industrial facilities that emit carbon dioxide in the stretch of land between New Orleans and Baton Rouge.

While Louisiana must move quickly and aggressively in pursuit of climate change solutions, deploying carbon capture to reach net-zero emissions is not the answer. As the authors of a new Center for Progressive Reform policy brief note, it is an unproven climate strategy, delays the green transition, and foists environmental burdens on historically disadvantaged communities.

Carbon capture is an energy-intensive, cost-prohibitive, and risk-laden process that involves capturing carbon dioxide from industrial smokestacks, compressing it, and sending it …

Sept. 21, 2021 by Katlyn Schmitt, Natalia Cabrera
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This post was originally published by the Chesapeake Accountability Project. Reprinted with permission.

Maryland is home to more than 1,000 industrial facilities, including landfills, auto salvage yards, hazardous waste treatment, storage sites, and various types of manufacturing and processing plants. When it rains or snows, toxic pollution often runs off these facilities and enters nearby waterways and groundwater resources, negatively impacting aquatic life, nearby communities, and drinking water sources.

The problem — known as industrial stormwater pollution — is dire in Maryland. More industrial facilities are being built in the state, and precipitation intensity is increasing more quickly in the Chesapeake Bay region than elsewhere in the United States, threatening public and environmental health. Low-income people and communities of color are at heightened risk.

The Maryland Department of the Environment (MDE) requires industrial facilities not covered by individual permits to obtain a general permit for industrial stormwater. This …

Aug. 30, 2021 by Katlyn Schmitt, Darya Minovi
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Virginia is home to thousands of unregulated and aging aboveground hazardous chemical storage tanks, which, when exposed to storms or floods, may be at greater risk of failing or spills. This risk — and the threat it poses to our health and safety — is rising as our climate changes.

Since these tanks are not regulated by the state or federal government, we know very little about their number, condition, age, or contents. If storage tanks are improperly constructed or maintained, they are more likely to fail under stress, and could release any number of toxic chemicals into nearby communities.

In addition to threatening community health and safety, the spills may also exacerbate existing disparities. In Virginia, industrial facilities vulnerable to flooding are disproportionately concentrated in socially vulnerable areas, according to a 2019 report by our colleague, David Flores.

Virginia is no stranger to failing tanks. In 2008, an …

May 13, 2021 by Katlyn Schmitt
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This op-ed was originally published in the Baltimore Sun and was co-authored with Russ Stevenson of the Chesapeake Legal Alliance.

Dirty, polluted stormwater that runs off of industrial sites when it rains is a major cause of pollution to Maryland’s streams and rivers, and ultimately to the Chesapeake Bay. Maryland is home to thousands of such industrial sites, all of which are required by law to obtain a stormwater discharge permit from the Maryland Department of the Environment (MDE) to prevent pollution and protect public and environmental health.

Unfortunately, many of these sites do not have a permit. For example, our research in one small area of Anne Arundel County found that only four out of 12 industrial sites possessed a current permit. Of the industrial sites that hold a permit, many are not in compliance with the permit requirements. Between 2017 and 2020, MDE conducted …

April 13, 2021 by Katlyn Schmitt
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At midnight on April 13, Maryland’s 2021 legislative session closed out with the passage of a law (House Bill 1069) that will provide meaningful drinking water protections for tenants who rely on well water. The measure, sponsored by Del. Vaughn Stewart (D-Montgomery County), passed with bipartisan support in the Maryland Senate but faced hurdles in the House due to a last-minute filibuster attempt.

Public drinking water is regularly monitored and tested to meet certain safety standards set out by the U.S. Environmental Protection Agency (EPA) through the Safe Drinking Water Act. The safety of drinking water from a private well or smaller community system, on the other hand, is solely up to the owner of that well or system.

In CPR’s recent report, fellow Policy Analyst Darya Minovi and I found that Maryland lags far behind most states in terms of protections for well …

March 22, 2021 by Katlyn Schmitt, Darya Minovi
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Last week, a Maryland circuit court ruled that the state must regulate and limit ammonia pollution from industrial poultry operations. This landmark decision takes an important step toward protecting the environment and public health in the Old Line State and could spur similar action in other states.

It is certainly needed in Maryland. The state's Lower Eastern Shore is home to a large number of industrial poultry operations; three Lower Eastern Shore counties house close to 44 million chickens at any given time — roughly 241 times greater than the number of people in the region.

Every year, these operations release millions of pounds of ammonia — a form of nitrogen — into the environment, polluting our land, water, and air. Ammonia is a colorless compound formed when nitrogen in chicken manure breaks down. It enters the air as a gas and can land on the ground, polluting groundwater and …

March 1, 2021 by Katlyn Schmitt
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Businesses that violate environmental laws and permits damage our air, land, and water, sometimes irreparably. Yet too often, these polluters aren't held accountable for harming the environment and public health. In Maryland, state officials don't respond to all violations, and, when they do, they aren't always successful. Even when they are successful, fines and other penalties don't necessarily result in behavior change. As a result, Maryland polluters are largely off the hook for the "externalities" of doing business.

To deter pollution, we need true accountability. We must ensure polluters pay for all harm done, whether to the environment, humans, and other species and habitats. Unfortunately, Maryland, like most other states, is a long way from achieving this goal. At CPR, we're tracking bills in the Maryland legislature that, if passed, would set the state on a path to greater compliance with environmental laws. These bills would:

  • Enforce …

Feb. 16, 2021 by David Flores, Katlyn Schmitt
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When it comes to addressing climate-related flooding, Maryland has made progress.

In 2014, it created a "Coast Smart Council" at the state's Department of Natural Resources. Councilmembers, representing government, academia, business, advocacy, and other sectors, work together to develop science-backed resources and rules that govern development of state-funded projects in coastal and flood-prone areas.

Meanwhile, state agencies and local jurisdictions work under the council's auspices and with the benefit of resources. such as local government studies and plans to address climate-related flooding. They also have a new interactive mapping tool — the Climate Ready Action Boundary — to help local governments and the public explore flood-prone boundaries in Maryland. Those who use the tool can make informed decisions about development in areas vulnerable to flooding or sea level rise. Any state development built within the flood-prone boundary must be designed with flood-resilient features.

But these actions don't come close …

Feb. 15, 2021 by David Flores, Katlyn Schmitt
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As a coastal state, Maryland is especially vulnerable to climate and ocean change — but important environmental protections are woefully out of date, endangering Marylanders' health, safety, economic welfare, and natural resources.

Maryland could take a step to rectify that this year. State lawmakers are advancing important legislation that would bring outdated water pollution rules up to speed and protect Marylanders and the environment.

Senate Bill 227 would require stormwater design standards and permits to reflect current rainfall patterns and put the state on a trajectory to assess and regularly update them in the future. We need appropriately designed stormwater practices to capture and treat greater rainfall volumes to reduce pollutants, like nitrogen and phosphorus, that contaminate water when it rains. And we need the standards to mitigate flooding and other physical impacts.

Hurricanes are increasing in frequency, size, strength, and rainfall volume, and they're following increasingly northward …

Feb. 4, 2021 by Katlyn Schmitt
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Virginia's General Assembly is more than halfway through its legislative session — and state lawmakers are considering several important bills that would address environmental justice, pipelines, climate change, and public health. If passed, these bills will establish lasting environmental, health, and climate change protections for Virginia and its communities. The bills we're watching would:

  • Turn the Commonwealth's stated environmental justice goals into a reality

    The Omnibus Environmental Justice Bill (House Bill 2074 and Senate Bill 1318) would direct Virginia's state and local agencies to adopt agency-specific environmental justice policies by October. Specifically, it would require agencies to evaluate the consequences of covered actions (such as approving a new natural gas pipeline or granting a permit to construct one) on low-income communities and communities of color, which face disproportionate harm from polluters.

    The bill would also require agencies to consider the cumulative impact of their actions on …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Dec. 1, 2021

The False Promise of Carbon Capture in Louisiana and Beyond

Sept. 21, 2021

'The Lion Is Missing Its Teeth': Maryland Must Crack Down on Industrial Polluters

Aug. 30, 2021

Virginia Must Act Now to Hold Polluters Accountable

May 13, 2021

Baltimore Sun Op-Ed: Is the Maryland Department of the Environment Cleaning Up Its Act When It Comes to Enforcement?

April 13, 2021

Maryland Adopts Law to Ensure Safe Drinking Water for Tenants

March 22, 2021

Maryland Court Orders State to Limit Ammonia Pollution from Industrial Poultry Operations

March 1, 2021

Achieving Meaningful Accountability for Polluters in Maryland