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By Meghana Kuppa
The exasperation was apparent in Jesse Marquez's voice recently as he testified at a public hearing in Washington DC, about a U.S. Environmental Protection Agency proposal to roll back a safety rule that would make the chemical industry more accountable for public health.
When Environmental Protection Agency (EPA) head Scott Pruitt resigned his position Thursday, he explained in a letter to President Donald Trump that he was stepping down because "the unrelenting attacks on [him] personally, [and his] family, are unprecedented and have taken a sizeable toll on all of [them]."
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By Jessica Corbett
More than 50 groups are demanding that Iowa lawmakers urgently pass landmark legislation to enact a moratorium on factory farm expansion in a state that is home to more than 10,000 of them.
New banners on display at the U.S. Environmental Protection Agency (EPA) headquarters highlight five "environmental achievements" under Administrator Scott Pruitt's leadership. But most of Pruitt's so-called achievements are in fact disastrous rollbacks of decades of environmental progress, said Environmental Working Group President Ken Cook.
By Matt Smith
Lot by lot, backhoes and dump trucks are scraping and hauling away yards on the north side of Birmingham to remove soil laced with heavy metals and other industrial wastes—the legacy of this city's years as a steelmaking power.
Federal prosecutors say that effort also uncovered something else: a scheme to save polluters millions by putting the neighborhood's representative in Montgomery on their payroll.
A smoggy view from the George Washington Bridge in 1973. Chester Higgins / US National Archives
By Bob Sussman
The system took shape in the 1960s and 70s as the public and politicians sounded the alarm about the environmental legacy of decades of uncontrolled industrialization. Faced with the threat of unsafe and polluted air, contaminated rivers and streams, hazardous chemicals in homes and products and toxic waste sites, Congress enacted an ambitious set of laws calling for far-reaching protections of public health and the environment. Support for these laws came from across the political spectrum and from presidents as diverse as Richard Nixon, Jimmy Carter, George H.W. Bush and Bill Clinton.
The Oklahoma County Court on Thursday found Trump's U.S. Environmental Protection Agency (EPA) nominee Scott Pruitt in violation of the state's Open Records Act. The Center for Media and Democracy (CMD) filed a lawsuit against Pruitt for improperly withholding public records and the court ordered his office to release thousands of emails in a matter of days.
In her ruling, Judge Aletia Haynes Timmons slammed the Attorney General's office for its "abject failure" to abide by the Oklahoma Open Records Act.
The judge gave Pruitt's office until Tuesday, Feb. 21, to turn over more than 2,500 emails it withheld from CMD's January 2015 records request and just 10 days to turn over an undetermined number of documents responsive to CMD's five additional open records requests outstanding between November 2015 and August 2016.
Thursday's expedited hearing was granted after CMD, represented by Robert Nelon of Hall Estill and the ACLU of Oklahoma, filed a lawsuit that has driven unprecedented attention to Pruitt's failure to disclose his deep ties to fossil industry corporations. On Friday, Pruitt is expected to face a full Senate vote on his nomination to run the EPA.
On Feb. 10, Pruitt's office finally responded to the oldest of CMD's nine outstanding Open Records Act requests but provided just 411 of the more than 3,000 emails they had located, withholding thousands of emails relevant to the request and still failing to respond to CMD's eight other outstanding requests. On Feb. 14 CMD filed a status report with the judge detailing the scope of missing documents, including 27 emails that were previously turned over to The New York Times in 2014.
"Scott Pruitt broke the law and went to great lengths to avoid the questions many Americans have about his true motivations," said Nick Surgey, CMD's director of research. "Despite Pruitt's efforts to repeatedly obfuscate and withhold public documents, we're all wiser to his ways and the interests he really serves. The work doesn't stop here to make sure communities across the country have the information they need to hold him accountable to the health and safety of our families."
Ahead of Thursday's hearing, Senators Carper, Whitehouse, Merkley, Booker, Markey and Duckworth—all members of the EPW committee—weighed in on the case, urging the Oklahoma court to require the Office of the Oklahoma Attorney General to release documents relevant to CMD's open record requests as a matter of "federal importance." In a letter to the Oklahoma Court, the Senators stated:
"We are providing this information to the Court today because we have concluded [the] pending Open Records Act requests may be the only means by which the Senate and the general public can obtain in a timely manner critical information about Mr. Pruitt's ability to lead the EPA."
"We need to understand whether ... Mr. Pruitt engaged with the industries that he will be responsible for regulating if he is confirmed as administrator in ways that would compromise his ability to carry out his duties with the complete impartiality required."
Pruitt's continued lack of transparency extends from a difficult nomination process in which research from CMD demonstrated Pruitt's repeated pattern of obfuscating ties to deep-pocketed, corporate interests.
At his hearing before the Senate Environment and Public Works (EPW) Committee, Pruitt faced a series of questions about his private meetings with major fossil fuel companies while chair of the Republican Attorneys General Association and fundraising for the Rule of Law Defense Fund. Sen. Sheldon Whitehouse concluded his questioning telling Pruitt his testimony "just doesn't add up." Despite failing to respond to any records requests for the past two years, Pruitt told U.S. Senators last week to file more open records requests with his office to answer 19 outstanding questions from his confirmation hearing.
After Democratic Senators twice boycotted the EPW Committee vote due to concerns over Pruitt's conflicts of interests and failure to fulfill open records requests, Republicans resorted to suspending Committee rules to advance his nomination.
I coined the term "Serengeti Strategy" in my 2012 book The Hockey Stick and the Climate Wars. It's meant to describe how industry special interests and their patrons in power single out individual researchers or teams of scientists for attack, in much the same way lions of the Serengeti single out an individual zebra from the herd. In numbers, after all, there is strength, while individuals and small groups are far more vulnerable—and the purpose is two-fold: to undermine the credibility of wider scientific consensus and to discourage other researchers from sticking out their necks and participating in the public discourse over matters of policy-relevant science.
When it comes to attacks on climate scientists specifically, this strategy follows a familiar script. On the eve of a critical Congressional vote, hearing or climate policy summit, a late-breaking "scandal" suddenly erupts. Individual scientists are typically charged with claims of misconduct, fraud or data manipulation and soon enough, right-wing blogs, climate-denying websites and the conservative establishment media are trumpeting the accusations. In time, more objective media outlets are forced to cover the uproar, lending it credibility and oxygen, even as it is responsibly dissected.
With the public conversation hijacked, meaningful progress on climate policy is blunted and the vested interests seeking to maintain our current addition to fossil fuels prevail.
The latest example of this strategy began unfolding earlier this month when David Rose, an opinion writer for the British tabloid The Daily Mail—known for misrepresentations of climate change and serial attacks on climate scientists—published a commentary attacking Tom Karl, the recently retired director of the National Centers for Environmental Information at the U.S. National Oceanic and Atmospheric Administration (NOAA) and a scientist for whom I have deep respect. Rose accused Karl and his co-authors of having "manipulated global warming data" in a 2015 study published in the journal Science. These charges were built entirely on an interview with a single disgruntled former NOAA employee, John Bates.
Rose's charges and Bates' allegations have since withered under scrutiny by journalists—and by the wider scientific community, which quickly noted that the findings of the 2015 Science paper have been independently and repeatedly, verified by other researchers. Bates' secondary claims that data from the Science paper had not been properly archived and that it was "rushed" to publication, have also fallen apart.
Still, the mission of this latest disinformation campaign has been accomplished and with its mooring in technical details too remote for casual news consumers to fully investigate, the headlines will nonetheless create additional drag on any well-meaning efforts to address climate change.
As a climate scientist, I should know. I've found myself at the center of such episodes more than once, as a result of what's become known as the iconic "hockey stick" diagram that my co-authors and I had published in the late 1990s—a graphic display of the data that made plain the unprecedented rate of global warming. While the hockey stick is hardly the basis of the case for human-caused climate change, the visually compelling character of the graphic has made it—and indeed me—a target of climate change deniers for years.
A version of the so-called hockey-stick diagram, made famous by the author—and attacked by his critics.
In the fall of 2003, just days before a critical U.S. Senate resolution to acknowledge the threat of human-caused climate change, an article in the journal Energy & Environment—regarded by many as a haven for climate skeptics —engaged in unsubstantiated attacks of the hockey stick. A group with ties to the fossil fuel industry published an op-ed trumpeting those criticisms in USA Today on the morning of the Senate vote. Sen. James Inhofe, the Oklahoma Republican who has described climate change as "the greatest hoax ever perpetrated on the American people," gleefully read the article aloud during the Senate floor debate. While the critique on the hockey stick would soon be summarily dismissed, it served the short-term purpose of hijacking the discussion and the bill did not pass.
Donald Trump has appointed Oklahoma Attorney General Scott Pruitt to head the U.S. Environmental Protection Agency (EPA). The conservative Republican has close ties to the fossil fuel industry and has waged numerous legal wars against the EPA and President Obama's environmental regulations, including the president's signature Clean Power Plan.
Pruitt, who was elected as Oklahoma's top legal officer in November 2010, states on his own LinkedIn page that he "has led the charge with repeated notices and subsequent lawsuits against the U.S. Environmental Protection Agency for their leadership's activist agenda and refusal to follow the law."
Although the president-elect will not be able to completely cancel Obama's historic carbon emissions standards for power plants, having a legally experienced EPA head can help "substantially weaken, delay or slowly dismantle them," the New York Times reported.
Pruitt was among a handful of other attorneys general that began planning as early as 2014 a coordinated legal effort to fight the Obama Administration's climate rules. That effort has resulted in a 28-state lawsuit against the Clean Power Plan. The case is now pending in federal court, but likely to advance to the Supreme Court, the New York Times said.
Watch this Fox Business interview with Pruitt in August 2015 when he was leading the charge against the EPA's guidelines on emissions, calling the 2015 EPA rules a power grab:
Trump's latest appointee falls in line with his other cabinet picks who deny the overwhelming scientific consensus that human activity is causing climate change. Pruitt once wrote an editorial questioning "the degree and extent of global warming and its connection to the actions of mankind."
The Heartland Institute, a nonprofit that questions the reality and import of climate change, celebrated Trump's EPA appointment. H. Sterling Burnett, research fellow at The Heartland Institute, said in response, "It's beginning to look a lot like Christmas!"
Keith Gaby, the senior communications director of the Environmental Defense Fund, noted that since 2002, Pruitt has "received more than $314,996 from fossil fuel industries." In 2014, Pruitt was infamously caught sending letters to President Obama and federal agency heads asserting that the EPA was overestimating the air pollution from drilling for natural gas in Oklahoma. Turns out, the letter was by lawyers for one of state's largest oil and gas companies, Devon Energy.
Harold G. Hamm, the chief executive of Continental Energy, was also co-chairman of Pruitt's 2013 re-election campaign.
Pruitt's appointment has been met with unprecedented criticism by environmental and health organizations nationwide.
"By appointing Scott Pruitt as head of the Environmental Protection Agency, Trump is putting America at risk," Greenpeace spokesperson Travis Nichols said. "Pruitt is a pure product of the oil and gas industry, installed in successive government posts to sell out his constituents at every turn. He will push this country far behind the rest of the world in the race for 21st century clean energy. With Scott Pruitt as head of the EPA, the people and the environment will be in the hands of a man who cares about neither."
Rhea Suh, president of the Natural Resources Defense Council, agrees. "The mission of the EPA and its administrator requires an absolute commitment to safeguard public health and protect our air, land, water and planet. That's the litmus test. By naming Pruitt, President-elect Trump has flunked," Suh exclaimed.
Suh wrote in a blog post on Monday that "over the past five years, Pruitt has used his position as Oklahoma's top prosecutor to sue the EPA in a series of attempts to deny Americans the benefits of reducing mercury, arsenic and other toxins from the air we breathe; cutting smog that can cause asthma attacks; and protecting our wetlands and streams."
"You couldn't pick a better fossil fuel industry puppet," 350.org's Executive Director May Boeve said. "Pruitt's appointment reveals Trump's climate flip-flopping and meetings with Gore as nothing more than a smokescreen."
And the outcry didn't stop there.
Ken Cook, president of Environmental Working Group, said, "It's a safe assumption that Pruitt could be the most hostile EPA administrator toward clean air and safe drinking water in history."
CEO and president of Defenders of Wildlife, Jamie Rappaport Clark, added, "We need a leader for EPA who fully appreciates the gravity of the menace that climate change poses for our nation's public health, our wildlife and our environment, and is prepared to use the full force of our nation's strong environmental laws to curb that threat. Mr. Pruitt is plainly not that person."
Food & Water Watch's executive director, Wenonah Hauter, shared her dismay, too. Pruitt has championed the interests of industrial agriculture in his state, supporting a dubious, deregulatory 'right to farm' initiative that residents rightly rejected at the ballot box this year. He's also sued the EPA over the Waters of the U.S. rule that effectively strengthens the Clean Water Act."
"Pruitt is a wholly owned subsidiary of the oil industry," Kassie Siegel, director of the Center for Biological Diversity's Climate Law Institute, said. "Any Senator who doesn't fight this nomination is handing corporate polluters a wrecking ball to destroy our future."
World Resources Institute's Director Sam Adams said, Americans depend on EPA to promote human health and protect families and future generations. Its ability to protect air, water, and the climate for all people must continue."
Friends of the Earth climate and energy program director Benjamin Schreiber concurred. "As the Attorney General, Scott Pruitt did the bidding of the oil and gas industry and fought many of the laws he will now be tasked to enforce," Schreiber said. "He helped Big Oil turn Oklahoma into an Earthquake zone."
David Turnbull, campaigns director at Oil Change International, concluded, "We call on Senators to reject this nomination, as well as other climate-denying, unqualified and regressive nominees. There is no place in our government for individuals who refuse to accept science and risk the safety of Americans around the country. There is no place in our government for individuals who are in clear alliance with the industry fueling our climate crisis. We need a separation of oil and state."
By Americans Against Fracking
The U.S. Environmental Protection Agency Science Advisory Board (SAB) today finalized its review of the EPA's June 2015 draft study of fracking's impacts to drinking water resources. For over a year, a panel of 30 scientists, engineers and industry consultants have reviewed the details of the 1,000-page draft report. The panel has taken particular issue with a finding that seemingly came out of left field: the agency's statement that fracking has not led to "widespread systemic impacts" in the U.S.
Tainted water collected from a private drinking water well in PA near a fracking site.
The EPA dismissed fracking's impacts with this line, without any clear, scientific basis of support, and now the EPA SAB has taken the agency to task. The EPA, and independent peer-reviewed studies, have identified many mechanisms of contamination, such as spills, well cementing failures below ground, and complications with waste disposal. For example, the EPA found there was on the order of 15 spills every day somewhere in the U.S., yet chose to dismiss those daily incidents as not a sign of "widespread, systemic" problems.
Affected individuals, public interests groups, and now the independent EPA Science Advisory Board, comprised of the EPA's own scientists, are calling on the EPA to "clarify" and "quantify" the controversial "widespread, systemic" line, or drop the language altogether. The panelists joined affected individuals and various independent experts who submitted comments in taking issue with how the agency ignored three high-profile contamination cases in its study—notably Dimock, Pennsylvania; Parker County, Texas; and Pavillion, Wyoming. The agency's omissions were contentious in part because in each case, the EPA prematurely abandoned investigations. Now, the EPA SAB has recommended that the agency include detailed summaries of these critical cases.
"By choosing politics over science, the EPA failed the public with its misleading and controversial line, dismissing fracking's impacts on drinking water and sacrificing public health and welfare along the way," Hugh MacMillan, senior researcher at Food & Water Watch, said.
"We are calling on the EPA to act quickly on the recommendations from the EPA SAB and be clear about fracking's impacts on drinking water resources. The EPA must prioritize the health and safety of the American people over the political interests of the oil and gas industry and its financiers, who have committed hundreds of billions to drilling and fracking in the coming decades. For climate reasons alone, that's a vision for the future that we can ill-afford."
The release of this final report comes on the heels of a massive March for a Clean Energy Revolution at the Democratic National Convention calling for a nationwide ban on fracking, a March 2016 Gallup poll showing that Americans oppose fracking 51-36 percent, and a July 2016 Johns Hopkins Study showing that fracking is linked to increased asthma attacks in Pennsylvania.
A recent peer-reviewed analysis of the science on unconventional oil and gas extraction, of more than 680 peer-reviewed studies, found that, "The great majority of science contains findings that indicate concerns for public health, air quality and water quality." In October of 2015, a partnership of prominent health organizations encompassing nationwide medical and public health experts and scientists released a Compendium of more than 500 peer-reviewed scientific papers, as well as numerous government reports and findings, demonstrating the risks of fracking to public health, air and water quality, birth and infant health, the environment and climate change.