Quantcast

The Man Who Sued the EPA Is Now Running It

Popular

By Ken Kimmell

Voting largely along party lines, Congress just confirmed Scott Pruitt as administrator of the U.S. Environmental Protection Agency (EPA)—an attorney who has spent his professional career suing the EPA to stop the agency from performing its fundamental mission of ensuring clean air and water for all Americans. This confirmation marks a sharp break with precedent; most EPA administrators from both parties have come to the office with a demonstrated commitment to the EPA's mission.

One might even say that this vote signals the end of an era of bipartisan congressional support for a strong federal role in protecting our environment, as this newly confirmed administrator is likely to dismantle the safeguards that both parties have supported since the 1970s.

What that means for all of us who care about clean air and water and the protection of our environment is this: It is up to us to monitor carefully what happens next and to be prepared to spring into action as needed.

Here are some of the key developments I'm watching for:

Will Scott Pruitt Recuse Himself?

As repeatedly noted in his nomination hearing, Pruitt has represented the State of Oklahoma in numerous lawsuits against EPA. Many of these cases are still active today, directed at major EPA regulations, including the Clean Power Plan (which limits carbon emissions from power plants); national air quality standards; mercury emissions from coal plants; methane limits for the oil and natural gas excavation; and a Clean Water Act rule that clarifies federal jurisdiction over bodies of water.

During the nomination hearing, Pruitt did not commit to recusing himself from these cases, but he did say he would rely on advice from the EPA ethics counsel. Common sense tells us that he cannot possibly be impartial on these issues and conflicts of interest abound. For example, the state attorneys general who joined him in the suit against the Clean Power Plan have written a letter to the Trump administration, asking the president to issue an executive order declaring that the rule is unlawful. Responding to this request would, in the normal course of business, require EPA input, since it is an EPA regulation. How can Scott Pruitt possibly participate in any review of that request given that, just a few weeks ago, he himself was one of the attorneys general making this claim?

He must recuse himself, as 30 senators have made clear in a recent letter.

Will Scott Pruitt Cut Federal Law Enforcement?

As a candidate, Trump pledged to dismantle the EPA. He lacks a filibuster-proof majority to change the laws that created the EPA, such as the Clean Air and Clean Water Act. But he could cripple the EPA with budget cuts, which are much harder for a minority to stop.

By wide margins, most Americans favor enforcement of laws that protect our air and water. Cutting EPA enforcement will therefore be unpopular—but Scott Pruitt is likely to argue that we can rely on states to enforce environmental laws, so cutting the EPA's budget won't do any real harm.

This is a dangerous myth.

Having served as a state environmental commissioner, I know from personal experience that state environmental agencies are already strapped. They typically lack the technical experts employed at the EPA and stand in no position to take on additional enforcement responsibilities shed by the EPA.

In Massachusetts where I served, for example, my former agency's staff was cut nearly in half between 2002 and 2012 due to budget cuts, even as the agency's responsibilities grew. That occurred in a state well known for its strong commitment to environmental protection. As a result, my agency was forced to cut back on important and effective programs, such as water sampling to locate sources of bacteria that pollute rivers. If the EPA's budget is cut, it will mean even fewer resources for states, because states now receive a significant share of the EPA's budget to cover enforcement activities.

Second, state environmental agencies sometimes experience political pressure against enforcement that might harm a large employer or impose significant costs on residents. We saw some of this in play in Flint, Michigan, where a state agency did not enforce a law requiring corrosion treatment of pipes to reduce lead contamination; it took an EPA staffer and outside scientists, as well as the residents themselves, to blow the whistle on lax state enforcement.

Third, states are not equipped to deal with the widespread problem of interstate pollution. To cite one of the most egregious examples, the state of Maryland could shut down virtually all in-state sources of air pollution and yet still not be in compliance with health-based air quality standards due to pollution from neighboring "upwind" states. A strong federal law enforcement presence is needed to address the simple fact that air and water pollutants do not honor state boundary lines.

We and others stand prepared to fight crippling budget cuts at the EPA and explain that the protection of our air and water requires both federal and state environmental law enforcement.

Next Page

EcoWatch Daily Newsletter

A new study shows that half of all Arctic warming and corresponding sea-loss during the late 20th century was caused by ozone-depleting substances. Here, icebergs discharged from Greenland's Jakobshavn Glacier. Kevin Krajick / Earth Institute / EurekAlert!

The world awakened to the hole in the ozone layer in 1985, which scientists attributed it to ozone depleting substances. Two years later, in Montreal, the world agreed to ban the halogen compounds causing the massive hole over Antarctica. Research now shows that those chemicals didn't just cut a hole in the ozone layer, they also warmed up the Arctic.

Read More
Diane Wilson holds up a bag full of nurdles she collected from one of Formosa's outfall areas on Jan. 15. Julie Dermansky / DeSmogBlog

By Julie Dermansky

On the afternoon of Jan. 15, activist Diane Wilson kicked off a San Antonio Estuary Waterkeeper meeting on the side of the road across from a Formosa plastics manufacturing plant in Point Comfort, Texas.

After Wilson and the waterkeeper successfully sued Formosa in 2017, the company agreed to no longer release even one of the tiny plastic pellets known as nurdles into the region's waterways. The group of volunteers had assembled that day to check whether the plant was still discharging these raw materials of plastics manufacturing.

Read More
Sponsored

By Simon Coghlan and Kobi Leins

A remarkable combination of artificial intelligence (AI) and biology has produced the world's first "living robots."

Read More
Malaysian Environment Minister Yeo Bee Yin (front 2nd L) and officials inspect a container containing plastic waste shipment on Jan. 20, 2020 before sending back to the countries of origin. AFP via Getty Images

The Southeast Asian country Malaysia has sent 150 shipping containers packed with plastic waste back to 13 wealthy countries, putting the world on notice that it will not be the world's garbage dump, as CNN reported. The countries receiving their trash back include the United States, the United Kingdom, France and Canada.

Read More
Trump leaves after delivering a speech at the Congress Centre during the World Economic Forum annual meeting in Davos on Jan. 21, 2020. JIM WATSON / AFP via Getty Images

U.S. President Donald Trump dismissed the concerns of environmental activists as "pessimism" in a speech to political and business leaders at the start of the World Economic Forum (WEF) in Davos on Tuesday.

Read More