Supreme Court Rules the EPA Can Regulate CO2 Emissions
The Supreme Court ruled in a 7-2 decision Monday that the Obama Administration’s Environmental Protection Agency (EPA) is free to regulate carbon dioxide (CO2) in the atmosphere, as long as the source of emissions in question is a traditional polluter, like a factory or a power plant, rather than a school or a shopping mall. The decision was largely written by conservative Justice Antonin Scalia.
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The EPA’s challengers in this case (a number of groups including the Chamber of Commerce, American Chemistry Council and state of Texas) were taking on efforts by the agency that are unrelated to the new, state-level emissions caps proposed earlier this month. The decision will have little impact on those new power plant regulations, writes Adam Liptak at The New York Times.
Monday’s ruling built on a 2007 decision, Massachusetts v. Environmental Protection Agency, in which states alleged the George W. Bush-era EPA was not doing enough to regulate greenhouse gases. The court agreed, saying the agency was required to regulate pollution from cars and trucks if it found that they endangered public health or welfare. The Obama Administration’s EPA then sought to use that decision as legal grounding to regulate a range of greenhouse gas emitters—not just vehicles—and that set the stage for Monday’s decision.
The Clean Air Act says those programs cover all sources that can annually emit 100 or 250 tons of the relevant pollutant, a threshold that works tolerably well for conventional air pollutants like lead and carbon monoxide. But that threshold, applied to greenhouse gases, which are emitted in far greater amounts, would require the regulation of millions of sources of pollution.
Applying the law as written would increase the number of covered sources under one program to more than 80,000, from fewer than 280, reaching commercial and residential sources and subjecting them to expenses averaging almost $60,000 …
A second program would reach 6 million sources, subjecting them to expenses of more than $20,000 each. The cost of the programs would rise to $21 billion from $62 million.
The agency said Congress could not have intended such an “absurd result.” Its solution was to raise the statutory emissions threshold to 75,000 to 100,000 tons per year, thus reaching far fewer facilities. This was, it said, a permissible exercise of discretion and one subject to tightening over time.
States and industry groups challenged the regulations on many grounds, with the U.S. Chamber of Commerce calling them “the most burdensome, costly, far-reaching program ever adopted by a United States regulatory agency.”
The Supreme Court limited the issue it would consider to whether the agency “permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouses gases.”
What does this mean for the Obama Administration’s efforts to tackle global warming going forward? It solidifies into law the EPA’s ability to regulate greenhouse gases, not just from cars, but from all sources. But, as The Wall Street Journal notes, the Supreme Court chastised the EPA for acting without a clear directive from Congress—and that might foreshadow future decisions in which the court rules against the president’s efforts to cut CO2 through various executive actions.
The excess carbon dioxide emitted by human activity since the start of the industrial revolution has already raised the Earth's temperature by more than one degree Celsius, increased the risk of extreme hurricanes and wildfires and killed off more than half of the corals in the Great Barrier Reef. But geologic history shows that the impacts of greenhouse gases could be much worse.
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EcoWatch Daily Newsletter
By Teri Schultz
Europe is in a panic over the second wave of COVID-19, with infection rates sky-rocketing and GDP plummeting. Belgium has just announced it will no longer test asymptomatic people, even if they've been in contact with someone who has the disease, because the backlog in processing is overwhelming. Other European countries are also struggling to keep up testing and tracing.
Meanwhile in a small cabin in Helsinki airport, for his preferred payment of a morsel of cat food, rescue dog Kossi needs just a few seconds to tell whether someone has coronavirus.
<div id="bfda0" class="rm-shortcode" data-rm-shortcode-id="c60b1a0dedbedbe5e0ce44284aff852f"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1308390775328251906" data-partner="rebelmouse"><div style="margin:1em 0">Covid-19 dogs started their work today at the Helsinki Airport at arrival hall 2B. Dogs have been trained to detect… https://t.co/nw4mrw6eJM</div> — Helsinki Airport (@Helsinki Airport)<a href="https://twitter.com/HelsinkiAirport/statuses/1308390775328251906">1600779644.0</a></blockquote></div><p>If it were left to Kossi and his pals, crowds of potential virus carriers could be cleared in a fraction of the time for a fraction of the cost with none of the physical discomfort that accompanies the current nasal swab test based on the polymerase chain reaction (PCR) method.</p>
No Human Nose Needed<p>A dog can sniff a cloth wiped on a wrist or neck and immediately identify if it comes from someone who has contracted the virus as much as five days before any symptoms appear which would lead a person to go into isolation. "A dog could easily save so so, so many lives," University of Helsinki veterinary researcher Anna Hielm-Bjorkman told DW, who says their testing has shown an accuracy level of nearly 100%.</p><p>It was originally her idea to see whether Kossi, a talented disease-detection dog, could redirect his skills in sniffing out mold, bedbugs and cancer to detecting the new virus just as it started to spread in Europe. "It took him seven minutes to figure out 'okay, this is what you want me to look out for," Hielm-Bjorkman said. "So that totally blew our minds."</p><p>Susanna Paavilainen, the executive director of the Wise Nose scent-detection foundation and the woman who saved Kossi from euthanasia in a Spanish shelter eight years ago, immediately started retraining her dogs to find the coronavirus.</p><p>Miina, who used to track a young girl's blood sugar levels by scent, quickly came on board, along with two others already working in disease detection. In all, they hope to train 15 dogs in the first phase.</p><p>Hielm-Bjorkman said once they discovered the new capabilities, while the normal academic procedure would be to test, publish and get peer-reviewed, their first instinct was to get the dogs into service. "[Researchers] who are actually publishing," she noted wryly, "are not at the airports."</p>
Wags, Not Wages<p>But for that, they needed permission and ideally, some funding. Vantaa Deputy Mayor Timo Aronkyto, who is also responsible for airport security, saw the benefit straight away. "It took me two minutes," he told DW.</p><p>However, his funding options were limited to about $390,000 total for the four-month pilot project aiming to prove that results from the dog tests are at least as accurate as the PCR test. Anyone who tests positive at the voluntary canine site is requested to go to the medical unit for confirmation.</p><p>The interest of Aronkyto, a trained physician, is rooted in both health and wealth. "Our testing at the airport costs more than 1 million [euros] (USD $1.2 million) a month at the moment," he said, explaining he expects that to go up to €3 million (USD. $3.5 million) per month in winter. "These dogs would be much cheaper," he pointed out.</p><p>He's optimistic support will grow as data from the current pilot project accumulates, explaining there is already work underway to change Finnish legislation so eventually sniffer dogs would have the same "authority" as customs dogs.</p><p>Aronkyto anticipates one animal performing both functions in the near future. He plans to continue this level of funding from his city budget into next year but that doesn't train new dogs nor expand the capacity beyond the four that split shifts currently at the airport, even as infection rates rise.</p>
Helsinki Hesitates<p>Notably, however, the Finnish government has not signaled it would like to pick up the program itself, despite a huge surge in publicity and, as Hielm-Bjorkman and Paavilainen emphasize, interest from other countries. Travelers have been eager to participate, waiting in line more than an hour at times.</p><p>Finnish ambassador in Ramallah, Palestine, Paivi Peltokoski, praised the experience after a recent trip but, apparently, her enthusiasm is not overly contagious.</p>
<div id="d9823" class="rm-shortcode" data-rm-shortcode-id="61d382f115fe66a44eb793d9ebee3d94"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1318564228450615299" data-partner="rebelmouse"><div style="margin:1em 0">I was tested negative by two #coronadogs upon arrival at the #Helsinki airport in #Finland. Later a medical test ve… https://t.co/cGlWQn8DJb</div> — Päivi Peltokoski (@Päivi Peltokoski)<a href="https://twitter.com/PaiviPeltokoski/statuses/1318564228450615299">1603205184.0</a></blockquote></div><p>"If the government would see this already as something that they would believe in," Hielm-Bjorkman said, she could envision training hundreds of dogs, stationing sniffers at concert halls or sports matches or elderly care homes. She adds there's a need for a "paradigm shift" for both medical professionals and the public.</p><p>Usually it's doctors telling patients if they're sick, she explained, and "here it's a dog handler."</p>
Little Political Will on German Project<p>This situation is not limited to Finland. In Germany researchers also <a href="https://www.dw.com/en/german-sniffer-dogs-show-promise-at-detecting-coronavirus/a-54300863" target="_blank" rel="noopener noreferrer">announced promising results</a> with canines <a href="https://www.dw.com/en/coronavirus-german-military-training-sniffer-dogs/a-54062180" target="_blank" rel="noopener noreferrer">detecting COVID-19</a>, but no dogs have been used anywhere so far. And then, says Professor Holger Volk of the University of Veterinary Medicine Hanover, there has been insufficient political will or funding to move the project forward, something he called "very troubling" especially with a resurgent infection rate.</p><p>"When we started this whole project, we we did it because we wanted to help to stop the pandemic," Volk told DW. "It's really has been a very frustrating ride. I have had a lot of naysayers in the whole process. If I wasn't a very determined person, having done a lot of research, I would have probably stopped it."</p><p>He agrees with Hielm-Bjorkman's assessment that "it's just not in the perception of doctors that dogs are able to do this precise work." But he also echoes her faith in the vast potential of their discovery. "If you had a dog who could sniff every day quickly your cohort of workers, for example," he said, "think about the impact. You could continue having a workplace."</p><p>Speaking of workplaces, Susanna Paavilainen is starting to think if Finland doesn't want to unleash the dogs' potential at home, she and Kossi might accept one of the many requests from all over the world to provide training. "We can move because Kossi likes warm weather," she says, petting her star sniffer.</p>
An annual comprehensive report on air pollution showed that it was responsible for 6.67 million deaths worldwide, including the premature death of 500,000 babies, with the worst health outcomes occurring in the developing world, according to the State of Global Air, which was released Wednesday.
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