President Donald Trump announced Tuesday his intention to nominate Jeffrey Bossert Clark—who defended BP in lawsuits surrounding the 2010 Deepwater Horizon oil spill and challenged the Obama administration over greenhouse gas rules on behalf of the U.S. Chamber of Commerce—to head the Justice Department's Environment and Natural Resources Division.
Clark is a partner in the Washington, DC office of Kirkland & Ellis LLP and once served in George W. Bush's administration from 2001 to 2005 as a deputy assistant attorney general for the Justice Department's Environment and Natural Resources Division.
"He is a complex trial and appellate litigator with especially deep experience in administrative law, cutting across dozens of statutes and numerous agencies," the White House announced.
However, as Robert F. Kennedy, Jr. commented, "Clark's appointment is a doubling down on the administration's strategy of retreating from the future and branding America as a petrostate while China steals our global energy, economic and moral leadership, and the rest of the world moves forward."
InsideClimate News described Clark as a "climate policy foe" who has "repeatedly argued that it is inappropriate to base government policymaking on the scientific consensus presented by the Intergovernmental Panel on Climate Change [IPCC]."
According to the publication, "One of the legal briefs he signed is such a comprehensive compendium of thoroughly debunked denial of the scientific consensus that it stands as a classic of the genre, replete with condemnations not just of the EPA but of the IPCC, whose work the petitioners tried to persuade the court to rule out of bounds. A series of podcasts and papers he has written on The Federalist Society website continue his arguments against the endangerment finding and climate science more broadly."
Clark has also criticized the U.S. Environmental Protection Agency (EPA) for concluding in late 2009 that carbon dioxide and other greenhouse gases threatens the public health and the environment and should be regulated under the Clean Air Act. As Clark wrote in a 2010 blog post over the EPA's endangerment finding, "When did America risk coming to be ruled by foreign scientists and apparatchiks at the United Nations?"
"He has a long history of opposing climate action for corporate and ideological clients," David Doniger, who heads the climate and clean air program at the Natural Resources Defense Counsel, told InsideClimate News about Clark. "I would expect that history would require him to recuse himself from such cases as over the Clean Power Plan, where he filed an amicus brief against the rule."
Despite being a well-known port of call on the Caribbean cruise circuit, the City of Key West voted to ban large cruise ships from visiting and to restrict foot traffic from vessels. Supporters and opponents disagreed about the safety, environmental and economic merits of the proposals.
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EcoWatch Daily Newsletter
By Tara Lohan
How much of U.S. energy demand could be met by renewable sources?
According to a new report from the Institute for Local Self-Reliance, the answer is an easy 100%.
Graphic: ILSR, Energy Self-Reliant States 2020
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Apparently, there ain't no mountain high enough to keep away the twin pressures of plastic pollution and the climate crisis.
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By Amol Mehra
Set against rising calls for action to combat growing inequality and the climate crisis, the COVID-19 pandemic underscores the importance of the key drivers of industry and economic reform: workers, communities and the environment.
The Built Environment
<p>The built environment – the physical places and structures that we inhabit – is a huge potential change agent in this regard. Buildings and construction account for massive amounts of energy usage and about 40% of global CO2 emissions, providing a clear pathway to shift current consumption and production pathways.</p><p>The construction sector accounts for around <a href="https://www.mckinsey.com/~/media/McKinsey/Industries/Capital%20Projects%20and%20Infrastructure/Our%20Insights/Reinventing%20construction%20through%20a%20productivity%20revolution/MGI-Reinventing-Construction-In-Brief.pdf" target="_blank">13% of the world's GDP </a>and<a href="https://iloblog.org/2020/05/11/the-construction-sector-can-help-lead-the-economic-recovery-heres-how/" target="_blank" rel="noopener noreferrer"> for 7.2% of the global workforce</a>. Many of the jobs linked to these sector have a negative history of labour rights, especially with respect to <a href="https://laborrights.org/issues/migrant-labor" target="_blank" rel="noopener noreferrer">migrant laborers</a>. As <a href="https://iloblog.org/2020/05/11/the-construction-sector-can-help-lead-the-economic-recovery-heres-how/" target="_blank" rel="noopener noreferrer">experts have noted</a>, the scale of the industry and its relative impacts on labour markets and the environment make it a prime agent of transformation of the broader global economy.</p><p>By prioritizing approaches that focus on decarbonization and the promotion of labor rights protections, we can create economic opportunities that promote healthy, regenerative structures. Efforts are starting to seed in this regard, with <a href="https://www.vox.com/energy-and-environment/2020/1/15/21058051/climate-change-building-materials-mass-timber-cross-laminated-clt" target="_blank" rel="noopener noreferrer">increased attention</a> being placed to mass timber and other wood products in construction, as well as the use of natural materials in buildings.</p><p>At the same time, leading human rights organizations are looking more closely at promoting <a href="https://www.ihrb.org/focus-areas/built-environment/commentary-linking-climate-human-rights-built-environment-lifecycle" target="_blank" rel="noopener noreferrer">rights-based approaches</a>.</p>Not all industries are equal. ourworldindata.org
Fashion
<p>But this isn't the only sector with transformative power. The fashion sector produces <a href="https://www.weforum.org/agenda/2020/01/fashion-industry-carbon-unsustainable-environment-pollution/" target="_blank">nearly 10% of the world's carbon emissions and is the second largest consumer of the water</a>, all while employing between <a href="https://www.ilo.org/global/industries-and-sectors/textiles-clothing-leather-footwear/lang--ja/index.htm" target="_blank">60 and 70 million</a> workers in garment supply chains.</p><p>While there have been laudable innovations in recent years towards adopting circularity and increasing the use of organic materials, there is still huge potential to promote transformative change in protections for workers.</p><p>Workers in the sector are often left without social protections, exposing them to vulnerability. In recognition of this need, the International Labor Organization, business actors and labor rights leaders have <a href="https://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---dialogue/documents/statement/wcms_742371.pdf" target="_blank">committed to take</a> action to protect garment workers' income, health and employment, and to work together to establish sustainable systems of social protection for a more just and resilient garment industry.</p><p>This "Call to Action" launched in April 2020 and now needs steady implementation. The effort should seek to cast a wide tent, bringing in other industry players and leveraging development actors as well.</p><p>What's clear from the examples above is that critical, much needed efforts are starting to emerge and that these efforts need to be encouraged and accelerated. As social movements, consumers, investors, regulators and businesses themselves start to realize the value of transforming practices, the momentum will increase for other sectors to follow suit. This domino effect will spur the economic transformation that is so desperately needed to ensure that the environment, and the people who inhabit it, can live in a healthy, just society.</p><p>There can be no doubt: transformation of our economic system is imperative. The moment is now for businesses, and the industries they are part of, to seize it.</p>12 Things You Can Do To Help Stop COVID-19 (in Addition To Staying Home for Thanksgiving)
By Pamela M. Aaltonen
As Americans prepare for the first Thanksgiving in the time of the coronavirus, the Centers for Disease Control and Prevention issued a stark warning a week before the big day: Don't travel.
No over the river and through the woods to grandmother's condo. No flying to a beach gathering with the family you choose.
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