The Environmental Legacy of Ruth Bader Ginsburg
The passing of U.S. Supreme Court Justice Ruth Bader Ginsburg means the nation's highest court has lost a staunch advocate for women's rights and civil rights. Ginsburg was a tireless worker, who continued to serve on the bench through multiple bouts of cancer. She also leaves behind a complicated environmental legacy, as Environment and Energy News (E&E News) reported.
While it was often assumed that Ginsburg would decide in favor of environmental advocates in cases argued before the Supreme Court, the truth is that she often decided based on the nuances of the law rather than the decision that was best for the planet, according to E&E News.
She sided with the majority in the 5-4 decision of Massachusetts v. EPA. That case, argued before the court in 2006 and decided in 2007, found that the Clean Air Act gave the U.S. Environmental Protection Agency (EPA) the authority to regulate greenhouse gases that are spewed from the tailpipes of cars, according to POLITICO.
That decision was instrumental in the Obama administration raising the tailpipe emissions standard to make new cars 5 percent more efficient annually until 2026. That rule was then rolled back by the Trump administration to make them just 1.5 percent more efficient, according to Reuters.
And yet, Ginsburg also wrote the opinion of the court in the 2011 decision of American Electric Power Company v. Connecticut. That decision stripped the authority of the states and private companies to sue power companies for their contribution to the climate crisis in federal court under a public nuisance law, as E&E news reported.
Ginsburg, in that decision, emphasized the EPA's authority to regulate greenhouse gases, as POLITICO reported. That authority paved the way for the Obama administration to issue new rules for power plants that drastically reduced how much pollution they could spew into the air and waterways.
The decision, which on its face seemed to limit the rights of people and states to hold polluters accountable for their actions, actually empowered state attorneys general to sue in state court. This authority has been upheld, despite repeated attempts by the fossil fuel industry to move the cases to the federal courts, according to POLITICO.
Ginsburg did look to expand the authority of regulatory agencies to rein in polluters. She joined the dissent in two notable cases, Solid Waste Agency of Northern Cook County v. Army Corps of Engineers and Rapanos v. United States, both of which would have expanded the definition of the Clean Water Act, according to E&E News.
In 2014, Ginsburg wrote the majority opinion in a case that allowed the EPA to regulate coal plants where their emissions blew across state lines and affected the air quality of states that were downwind, according to The Washington Post. That case is credited with putting an end to some of the country's filthiest power plants, according to POLITICO.
Gina McCarthy, the EPA administrator under Obama and now the president and CEO of the National Resources Defense Council, said in 2014 that the decision was "a resounding victory for public health and a key component" of the agency's attempts to "make sure all Americans have clean air to breathe," as The Washington Post reported.
In an NRDC statement on Friday, McCarthy praised Ginsburg's life work. "From her pathbreaking advocacy for gender equality to her relentless defense of democracy itself, Justice Ginsburg widened our vision of who we are, enlarged in law the values we share and raised, forever, the possibility of what we might become."
Other environmental advocates issued statements praising the late justice as well.
"Justice Ginsburg was a pioneer for gender equality, civil rights, and the right of citizens to sue to protect their environment. The legal community lost a champion for the underdog and the nation as a whole," said Trent Dougherty, general counsel for the Ohio Environmental Council, in a statement.
Michael Brune, Sierra Club executive director said in a statement, "As we mourn the loss of Justice Ginsburg, we should reflect on her words that 'Real change, enduring change, happens one step at a time. Those of us who strive to make change for good in this world — whether it be fighting for racial justice, reproductive rights, or for a livable future — must continue the fight in her honor."
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EcoWatch Daily Newsletter
By Rebecca Niemiec and Kevin Crooks
Colorado voters will decide on Nov. 3 whether the state should reintroduce gray wolves (Canis lupus) after a nearly 80-year absence. Ballot Proposition 114 would require the state to develop and oversee a science-based plan to restore wolves, focused in Western Colorado and initiated by the end of 2023.
Back by Popular Demand?<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDUzOTQxNy9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYwNzI4NTkyMX0.BeRR61CH6a-TWwSw1p4kmng4x4tXRaSMKyTRHKIHmOw/img.jpg?width=980" id="1f7fe" class="rm-shortcode" data-rm-shortcode-id="339e3443dc63f3be06e24a82f0b37a03" data-rm-shortcode-name="rebelmouse-image" />
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Clashing Values<p>Proposition 114 has strong support in Colorado. <a href="https://extension.colostate.edu/topic-areas/people-predators/public-perspectives-on-wolves-and-wolf-reintroduction-8-004/" target="_blank">Statewide surveys </a> conducted by phone, by mail and online over the past two decades have found that 66% to 84% of respondents supported reintroducing wolves. This support is consistent across different regions of the state and diverse demographic groups.</p><p>In a <a href="https://doi.org/10.7717/peerj.9074" target="_blank">survey of Colorado residents</a> that we conducted in 2019, the prospect that wolves could contribute to a balanced ecosystem was the most commonly cited reason for supporting reintroduction. Other arguments included people's cultural and emotional connections to wolves, and <a href="https://extension.colostate.edu/topic-areas/people-predators/moral-arguments-related-to-wolf-restoration-and-management-8-011/" target="_blank" rel="noopener noreferrer">moral arguments</a> that restoring a species humans had eradicated was the right thing to do.</p><p>While overall public support is strong, over half of Colorado's 64 counties have passed <a href="https://www.drovers.com/article/wolf-reintroduction-ballot-colorado" target="_blank" rel="noopener noreferrer">resolutions against restoring wolves</a>. Many ranching and hunting associations are actively campaigning against the ballot measure.</p><p>In our 2019 study, we found that media coverage in the state focused more strongly on <a href="https://doi.org/10.7717/peerj.9074" target="_blank" rel="noopener noreferrer">perceived negative impacts</a> associated with wolf reintroduction than on beneficial effects. Surveys show that resident concerns include threats to <a href="https://extension.colostate.edu/topic-areas/people-predators/wolves-and-human-safety-8-003/" target="_blank" rel="noopener noreferrer">human safety and pets</a>; <a href="https://extension.colostate.edu/topic-areas/people-predators/wolves-and-livestock-8-010/" target="_blank" rel="noopener noreferrer">wolf attacks on livestock</a>; and the potential for wolves to <a href="https://extension.colostate.edu/topic-areas/people-predators/wolves-big-game-and-hunting-8-001/" target="_blank" rel="noopener noreferrer">reduce deer and elk populations</a>, threatening hunting opportunities.</p>
Who Decides?<p>This measure is the first giving voters in the U.S. an opportunity to weigh in on bringing back a native species. Addressing the issue through a ballot measure adds a unique twist to public and media discussions about wolves.</p><p>Supporters call it a democratic way to ensure that the <a href="https://www.cpr.org/2020/09/29/should-wolves-be-brought-back-to-colorado-a-rancher-and-a-biologist-have-their-say/" target="_blank">public's values are recognized</a>. They also argue that voters are deciding only whether wolves should be reintroduced, while allowing experts at the <a href="https://cpw.state.co.us/" target="_blank" rel="noopener noreferrer">state wildlife agency</a> to create a reintroduction plan <a href="https://www.steamboatpilot.com/news/election/howl-you-vote-wolf-advocates-opponents-ask-colorado/" target="_blank" rel="noopener noreferrer">based on the best available science</a>.</p>
<div id="4c11f" class="rm-shortcode" data-rm-shortcode-id="dec8674441e02372e50b796d848e4130"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1316474105315483649" data-partner="rebelmouse"><div style="margin:1em 0">According to a recent poll of 900 demographically representative likely voters, two-thirds supported “restoring wol… https://t.co/74LMG1PYtW</div> — High Country News (@High Country News)<a href="https://twitter.com/highcountrynews/statuses/1316474105315483649">1602706860.0</a></blockquote></div>
Finding Consensus<p>Studies suggest that ballot initiatives like 114 will <a href="https://doi.org/10.1016/j.biocon.2017.07.032" target="_blank">become more common</a> as public values toward wildlife change and more diverse groups seek to influence wildlife management. For us, the key question is how to recognize and incorporate these differing values as agencies make decisions.</p><p>Research drawing on insights from <a href="https://extension.colostate.edu/topic-areas/people-predators/dialogue-and-social-conflict-about-wolves-8-009/" target="_blank">psychology, political science and sociology</a> suggests that it is critical to run<a href="https://drive.google.com/file/d/1QppmBszEF6zsNnhBJ7Q2-pSWRR-Zx_ln/view" target="_blank" rel="noopener noreferrer"> truly participatory processes</a> that engage government agencies and people who have a stake in the issue in shared decision-making. Fostering dialogue between groups that value wildlife differently can build empathy and mutual understanding and <a href="https://doi.org/10.1016/j.biocon.2014.07.015" target="_blank" rel="noopener noreferrer">foster compromise</a>. Broadening the conversation in this way is essential for coexisting with carnivores with minimal impacts on predators and people.</p>
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By Brian Bienkowski
Fish exposed to endocrine-disrupting compounds pass on health problems to future generations, including deformities, reduced survival, and reproductive problems, according to a new study.
Low Levels Lead to Generational Impacts<p>Researchers exposed inland silverside fish to bifenthrin, levonorgestrel, ethinylestradiol, and trenbolone to levels currently found in waterways.</p><p>"Our concentrations were actually on the low end" of what is found in the wild, DeCourten said, adding that it was low amounts of chemicals in parts per trillion.</p><p>Bifenthrin is a pesticide; levonorgestrel and ethinylestradiol are synthetic hormones used in birth controls; and trenbolone is a synthetic steroid often given to cattle to bulk them up.</p><p>Such endocrine-disruptors have already been linked to a variety of health problems in directly exposed fish including altered growth, reduced survival, lowered egg production, skewed sex ratios, and negative impacts to immune systems. But what remains less clear is how the exposure may impact future generations.</p><p>For their study, DeCourten and colleagues started the exposure when the fish were embryos and continued it for 21 days.</p><p>They then tracked effects on the exposed fish, and the next two generations.</p>
Inherited Problems<p>DeCourten said the altered DNA methylation is one of the plausible ways that future generations would experience health impacts from previous generations' exposure. Hormone-disrupting compounds have been shown to impact DNA methylation, which is an important marker of how an organism will develop.</p><p>"Methyl groups are added to specific sites on the genome, [the exposure] is not changing the genome itself, but rather how the genome is expressed," she said. "And that can be inherited throughout generations."</p><p>In addition, Brander said there are essentially different "tags" that exist on DNA molecules, which tell genes how to turn on and off. She said the exposure to different compounds may be "influencing which methyl tags get taken on or off as you proceed through generations."</p><p>The researchers said the study should prompt future toxics testing to consider impacts on future generations.</p><p>"The results … throw a wrench in the current approach to regulating chemicals, where it's often short-term testing looking at simple things like growth, survival, and maybe gene expression," Brander said.</p><p>"These findings are telling us we really at least need to consider" the next two generations, she added.</p>
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