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Aug. 5, 2014 by Joel Mintz

We Do Need a Weatherman to Tell Which Way the Wind Blows

Over the past few years, as levels of greenhouse gases in the atmosphere have continued to rise, natural disasters in the United States and around the world have become ever-more frequent. In the U.S., in fact, extreme weather-related events, including severe droughts, floods, wildfires, windstorms and other disasters are now very often reported in the news media. The clear consensus among climate scientists is that—even though no single extreme event can be said to be directly caused by climate change—global climate disruption has already begun; and this human-created phenomenon is ultimately responsible for an increased incidence of extreme weather.

As perilous, troubling and threatening as this situation is, it also provides a series of as yet overlooked “teachable moments.” Journalists reporting on extreme weather disasters can accurately do their jobs in ways that increase U.S. public awareness of ongoing, disturbing trends in climate patterns. Relatively few journalists have yet chosen to do this. However, entirely by executive action, the Obama administration can take an important step to encourage meteorological reporting that will advance public knowledge.

Without question, most Americans become aware of weather conditions that will or may affect them through television and radio reports, online …

Aug. 5, 2014 by Frank Ackerman
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Richard Tol’s 2013 article, “Targets for global climate policy: An overview,” has been taken by some as a definitive summary of what economics has to say about climate change.1 It became a central building block of Chapter 10 of the recent  IPCC Working Group 2 report (Fifth Assessment Report, 2014), with some of its numbers appearing in the Working Group 2 Summary for Policymakers.2

After extensive analysis of multiple results from a number of authors, Tol reaches strong and surprising conclusions:

  • climate change will be a net benefit to the world economy until about 2.25°C of warming has occurred  
  • the optimal carbon tax is a mere $25/tC (or $7/tCO2)  
  • the economically “efficient” climate scenario is likely to lead to atmospheric concentration of greenhouse gases of more than 625 ppm CO2-equivalent by the end of this century; lower …

July 28, 2014 by Rena Steinzor
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It must be something of a game for them.  That’s really the only explanation I can come up with for why the antiregulatory members of Congress seem so intent on competing with each other to see who can introduce the most outlandish, over-the-top anti-EPA bill.  If it is a game, then its best competitors would have to include Senators John Barasso (R-WY) and David Vitter (R-LA) who earlier this month introduced S. 2613, the Secret Science Reform Act of 2014.

If this bill sounds familiar, that’s because it is identical to one that was introduced in the House in February by Rep. David Schweikert (R-AZ).  At the time, a group of CPR Member Scholars sent a letter to the Subcommittee on the Environment of the House Committee on Science, Space, and Technology, of which Representative Schweikert is chair, to explain their concerns in anticipation of …

July 15, 2014 by Anne Havemann
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I will never look at a construction site the same way again.

Certain types of pollution—mostly sediment, nitrogen, and phosphorus—run into the Chesapeake Bay and fuel algal blooms, creating dead zones where crabs, oysters and other Bay life cannot survive. Indeed, the Chesapeake is on track to have an above-average dead zone this year.

Construction sites are a major source of sediment runoff. When mud washes from a single construction site, it can damage three miles of downstream waters. Recovery can take up to a century. Maryland has rules that construction companies are supposed to follow to minimize runoff. These rules pay off: For every dollar spent keeping mud onsite, taxpayers save $100 or more in damages avoided.

That’s why I spent last Wednesday driving around Baltimore with four others checking to see whether constructions sites were following the rules.

I learned that the …

July 14, 2014 by Catherine O'Neill
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The Environmental Protection Agency (EPA) has gone to exceeding lengths to defer to states’ efforts to bring their water quality standards into the twenty-first century.  But the state of Washington has shown the perils of this deferential posture, if the goals of the Clean Water Act (CWA) are ever to be reached for our nation’s waters.  After months and years of delay, Governor Jay Inslee held a press conference this week to unveil his long-awaited plan for updating Washington’s water quality standards for toxic contaminants – standards currently premised on a fish consumption rate (FCR) derived from a 40-year-old survey of human exposure. 

Inslee’s grand plan? 

Take one step forward, two (or so) steps backward … and appeal to EPA for yet more time.

Fish consumption is the primary route of human exposure to a host of harmful contaminants including dioxins, PCBs, PAHs, and methylmercury.  The …

July 11, 2014 by Erin Kesler
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Today, CPR President Rena Steinzor testifes at a House Energy and Commerce Subcommittee on the Environment and the Economy Hearing entitled, "Constitutional Considerations: States vs. Federal Environmental Implementation Policy."

According to her testimony:

As I understand the situation, the Subcommittee’s leadership called this hearing in part to explore the contradiction between the notion that legislation to reauthorize the Toxics Substances Control Act (TSCA) should preempt any state authority to regulate chemical products with the notion that the federal government should depend on the states to regulate coal ash and has no role to play in protecting the public from such threats. 

These positions are a dichotomy if there ever was one. The contradictory ideas that the federal government must dominate the field in one area but that the state government should be exclusively in control in another seems irreconcilable as a matter of principle. 

Of course …

July 2, 2014 by Anne Havemann
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Pennsylvania, the source of nearly half of the nitrogen that makes its way into the Chesapeake Bay, is falling dangerously behind in controlling the pollutant. Delaware is dragging its feet on issuing pollution-control permits to industrial animal farms and wastewater treatment plants. Maryland has fallen behind on reissuing expired stormwater permits and is not on track to meet that sector’s pollution-reduction goals.

These are some of the findings of a series of reports the Environmental Protection Agency (EPA) issued late last week. EPA assessed the progress the seven jurisdictions within the Bay watershed—Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and Washington, D.C.—were making toward meeting the Chesapeake Bay Total Maximum Daily Load (TMDL), a sort of “pollution diet” that is at the heart of the federally led plan to restore the Chesapeake Bay by 2025.

Along with the reports, EPA announced that …

June 30, 2014 by Erin Kesler
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testv aagin

June 25, 2014 by Alice Kaswan
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In Utility Air Regulatory Group v. EPA, seven members of the Supreme Court upheld the most important feature of the EPA’s Prevention of Significant Deterioration (PSD) program: the ability to require the vast majority of new and modified sources to install the “Best Available Control Technology” for reducing greenhouse gases (GHGs).  As a consequence, eighty-three percent of significant new and modified sources will continue to be subject to the BACT requirement for their GHG emissions. Although the Court reversed, by a five-to-four vote, EPA’s contention that greenhouse gas emissions alone could trigger the PSD program, that reversal will have little impact because it will eliminate PSD requirements for only about three percent of significant stationary GHG sources.  Justice Scalia’s majority opinion had some choice words for EPA, but it remains to be seen whether those words spell trouble for newly emerging climate regulations.

The …

June 23, 2014 by Daniel Farber
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Direct implications are limited, but we'll be reading the tea leaves for future implications.

Scholars, lawyers, and judges will be spending a lot of time dissecting today’s ruling.   Overall, it’s a bit like yesterday’s World Cup game — EPA didn’t win outright but it didn’t lose either.

Here are three key questions with some initial thoughts:

What is the direct legal impact of the ruling?  This was really a split decision.  Some sources will escape being covered by EPA’s greenhouse gas rule, but most sources (over 80%, according to the Court) remain covered.  So EPA can claim that it gained more than it lost from the decision.  It is also important to note that seven Justices have now confirmed the ruling in Massachusetts v. EPA that the Clean Air Act covers greenhouse gases.  The Court also failed to review, and thereby …

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