Climate Change, Racial Justice, and Cost-Benefit Analysis
This post was originally published on LPE Blog and is part of a symposium on the future of cost-benefit analysis. Reprinted with permission.
President Biden has made climate change and racial justice central themes of his presidency. No doubt with these problems in mind, he has signaled a desire to rethink the process and substance of White House review of agencies' regulatory actions. On his very first day in office, Biden ordered administrative agencies to ensure that this review does not squelch regulatory initiatives nor brush aside "racial justice, environmental stewardship, human dignity, equity, and the interests of future generations." At the same time, however, Biden reaffirmed the "basic principles" of a Clinton-era executive order on White House regulatory review, subjecting agencies' major rules to a cost-benefit test.
These twin inclinations – toward acting boldly on climate change and racial justice, and toward judging regulation using cost-benefit analysis – are trains racing toward each other on the same track. Two entrenched, perhaps even inherent, features of cost-benefit analysis practically ensure that the benefits of regulatory measures addressing climate change and racial injustice will be diminished and deformed in the process of "valuing" them.
The first is the practice of discounting the …
This op-ed was originally published in The Hill.
Addresses by national leaders to the United Nations General Assembly are often broad expressions of lofty ideals, and President Joe Biden's speech Tuesday fell squarely into that category. It covered an extraordinary panoply of global challenges and policy concerns, including controlling the COVID-19 pandemic, rebuilding and strengthening global alliances and regional initiatives, curbing terrorism, protecting human rights (including the rights of women and workers) and lifting up democracy. Biden also committed the United States to advancing human dignity, combating corruption and seeking peace in areas of conflict around the world.
Of particular importance were Biden's remarks regarding the global climate change crisis. Observing that "we stand at an inflection point in history," Biden outlined a stark choice between "meeting the threat of climate change" or suffering "the merciless march of ever-worsening droughts and floods, more intense fires …
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 …
On August 29, Hurricane Ida pummeled Louisiana’s coastline with winds as high as 150 miles per hour and a storm surge of up to nine feet, flooding communities and destroying homes. The Category 4 storm displaced thousands of people and left 1 million without power — all as the coronavirus surge overwhelms hospitals across the state.
Amid this chaos, Louisianans faced yet another hazard — the risk of exposure to toxic pollutants from explosions, flares, and accidental releases at disabled, damaged, or flooded industrial facilities.
A week after the storm made landfall, the U.S. Environmental Protection Agency’s (EPA) National Response Center (NRC), which collects reports on oil, chemical, radiological, biological, and etiological discharges into the environment, had received more than 170 incident reports related to Ida. Many of these were in Louisiana, and 17 were air releases. Yet little is known about the effects as 13 …
This op-ed was originally published in the Washington Post.
Ask just about any New Orleanian to name the most exasperating thing about the aftermath of Hurricane Ida, and you’ll get the same answer. It isn’t the floodwater. Or the roof damage. It’s something more familiar but equally as threatening to life, health and property: power failure.
This week, Entergy, Louisiana’s largest power company, warned customers to brace for several days or even weeks without power. That means no light, no microwave oven, no refrigerator — and getting by on candles and canned food. It means no air conditioning amid an often-triple-digit heat index, no computer and no Internet, unless you can get online with a smartphone — which you don’t have power to charge. Gas stations are closed because electric pumps can’t pump. In some neighborhoods, toilets don’t flush because sewage …
This op-ed was originally published in The Hill.
A few weeks ago, the Army Corps of Engineers made a startling announcement: It would give Sharon Lavigne and her neighbors in St. James Parish, La., a chance to tell their stories. The fact one of the world’s largest chemical companies has fought for years to keep Lavigne quiet tells you how commanding her stories are. Those stories may stop this particular company from building a multi-billion dollar chemical plant surrounding her neighborhood.
For this, we can thank a simple law, signed by President Nixon in 1970, called the National Environmental Policy Act (NEPA). Unlike other environmental laws, NEPA doesn’t tell agencies what choices they must make — like where to erect a levee or whether to permit a plastics plant. But it does insist their choices be informed. So, before the Army Corps can approve a company …
This op-ed was originally published in The Virginia Mercury.
The U.S. Senate faces a long to-do list when it reconvenes next month.
U.S. Rep. Gerry Connolly, D-Fairfax, wants to be sure an important but fairly obscure environmental health bill makes the list.
It passed the House in July, thanks in part to Democratic members of our congressional delegation, and now awaits action in the upper chamber. “The Senate must take action,” Connolly told me by email.
The legislation would regulate and clean up per- and polyfluoroalkyl substances (PFAS), a class of toxins linked to cancer, infertility and other serious health problems. One such problem is compromised immunity, which may reduce the effectiveness of COVID vaccines — just as the delta variant surges across the state.
This bill is urgently needed in Northern Virginia — a reported PFAS “hot spot.”
Used in tape, nonstick pans and other everyday …
This op-ed was originally published in The Hill.
Scientific concerns about the impacts and risks of global climate change are scarcely new. In 1988, those concerns became sufficiently widespread in the scientific community that the United Nations established the Intergovernmental Panel on Climate Change (IPCC), a committee that included hundreds of the world’s most distinguished climate scientists, to study the emerging climate problem and its implications. Since its creation, this panel has issued five full extensive reports. These assessments were soundly criticized by some independent climate scientists as understating the significance and dangers of climate change. However, earlier this month, the IPCC seems to have rectified that purported problem.
In the first segment of its Sixth Assessment, issued earlier this month, the IPCC report states that it "provides a full and comprehensive assessment of the physical science basis of climate change that builds upon the previous …
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 …
This blog post is based on my testimony before the New York City Racial Justice Commission, which it tasked with dismantling structural racism in the city’s charter.
This November, New York voters will decide whether to enshrine an explicit environmental right in their state constitution. If adopted, the new section will read, “Every person shall have a right to clean air and water, and a healthful environment.” New York would join several other states, as well as the United Nations and roughly 150 countries across the globe, in recognizing a fundamental human right to breathe clean air and drink clean water.
We all deserve to live in healthy communities. Yet, the grim reality is that Black communities, communities of color, and low-income communities frequently have to fight tooth-and-nail for these basic human rights. This situation is neither accidental nor inevitable. New York City is a clear …
