29 States and Cities Sue to Block Trump’s ‘Dirty Power’ Rule
Twenty-nine states and cities sued the Trump administration Tuesday to stop it from weakening the Obama-era Clean Power Plan, which was the first regulation to set nationwide ceilings on greenhouse gas emissions from power plants, The New York Times reported.
The administration's replacement, the Affordable Clean Energy Rule, would allow states to decide whether or not to limit emissions. It would ultimately reduce climate-warming emissions by less than half of what is needed to keep global temperatures from rising more than two degrees Celsius above pre-industrial levels, according to figures cited by HuffPost.
"Without significant course correction, we are careening towards a climate disaster," New York Attorney General Letitia James said in a statement reported by HuffPost. "Rather than staying the course with policies aimed at fixing the problem and protecting people's health, safety, and the environment, the Trump Administration repealed the Clean Power Plan and replaced it with this 'Dirty Power' rule."
BREAKING: We filed a lawsuit against the Trump Admin's @EPA over its Affordable Clean Energy rule.— NY AG James (@NewYorkStateAG) August 13, 2019
The science is indisputable; our climate is changing. Ice caps are melting. Sea levels are rising. Weather is becoming more and more extreme.
That’s why we are fighting back. pic.twitter.com/jva7jxLQGX
At stake in the lawsuit is how much authority the U.S. Environmental Protection Agency (EPA) has to limit carbon pollution under the Clean Air Act. The 22 states and six cities (plus Washington, DC) behind the suit argue that the replacement plan, finalized in June, does not use the "best system of emissions reduction," as the act requires. While the Clean Power Plan encouraged utilities to switch to cleaner energy sources, put a price on carbon or use carbon capture technologies, the Trump plan only focuses on improving efficiency at individual plants, The New York Times explained.
"The Clean Air Act requires the EPA to utilize the best system of emissions reduction that it can find. This rule does the opposite," California Attorney General Xavier Becerra told The New York Times.
#BREAKING: We’re suing the Trump Admin over their #CleanPowerPlan repeal.— Xavier Becerra (@AGBecerra) August 13, 2019
.@RealDonaldTrump’s #DirtyPowerPlan fails everyone who stands for cleaner air.
It fails to help us fight the #climatecrisis.
It fails our economy.
It fails our people.
And it’s going to fail in court. pic.twitter.com/CmP2qEiY45
But EPA administrator Andrew Wheeler argued that the Clean Power Plan overstepped the federal government's authority. That was also the argument made by the coalition of Republican-led states and industry groups that sued to stop the Obama-era plan in 2015. In 2016, the Supreme Court blocked the roll-out of the plan until its legal merits could be decided. However, while the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the fall of 2016, it had not issued a final ruling by the time President Donald Trump was elected, according to The Washington Post.
The Trump administration initially requested time to consider the plan, and then announced its intention to repeal it in 2017. If the current lawsuit reaches the Supreme Court, therefore, it could be the catalyst for determining how much authority the EPA has to fight the climate crisis going forward.
"From a public policy perspective, we should hope that this case goes to the Supreme Court — so that everyone who cares about climate change will know the limits of what EPA can do under current law to reduce industrial CO2 emissions," Jeff Holmstead, who led the EPA's air and radiation office under President George W. Bush and is now a partner at Bracewell, told The Washington Post.
But New York University environmental law expert professor Richard L. Revesz warned a Supreme Court ruling in favor of the Trump administration could have serious consequences.
"It would have a devastating effect on the ability of future administrations to regulate greenhouse gases under the Clean Air Act," he told The New York Times.
The states behind the current suit are New York, California, Massachusetts, Colorado, Wisconsin, North Carolina, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and the District of Columbia. The cities are Boulder, Colorado, Los Angeles, New York City, Chicago, South Miami and Philadelphia. They filed the suit in the United States Court of Appeals for the District of Columbia.
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By Kristen Fischer
It's going to be back-to-school time soon, but will children go into the classrooms?
The American Academy of Pediatrics (AAP) thinks so, but only as long as safety measures are in place.
Keeping Schools Safe<p>What will safer schools look like?</p><p>In a <a href="https://jamanetwork.com/journals/jama/fullarticle/2766822" target="_blank">JAMA article</a> published last month, <a href="https://www.jhsph.edu/faculty/directory/profile/1781/joshua-m-sharfstein" target="_blank">Dr. Joshua Sharfstein</a>, a pediatrician and professor at the Johns Hopkins Bloomberg School of Public Health, outlined suggestions — many of which are similar to AAP's.</p><p>Remote learning protocols must stay in place, especially as some schools stagger home and in-building learning. If another shutdown needs to occur, children will rely on distance learning completely, so it must be easy to switch to, he said.</p><p>He suggested giving parents a daily checklist to document their child's health. Kids should be screened quickly on arrival and be given hygiene supplies. Maintenance staff should use appropriate PPE and have regular cleaning schedules. A notification system should be in place if a case is identified, Sharfstein recommended.</p><p><a href="https://www.albany.edu/rockefeller/faculty/erika-martin" target="_blank">Erika Martin</a>, PhD, an associate professor of public administration and policy at University at Albany, said nutrition assistance and health services should be included. She called for tutoring programs with virtual options as well as technology access.</p>
Supporting Staff<p>Teachers and staff will be affected by safeguarding measures, noted <a href="https://directory.sph.umn.edu/bio/sph-a-z/rachel-widome" target="_blank">Rachel Widome</a>, PhD, an associate professor of epidemiology and community health at University of Minnesota.</p><p>"In order for all of the in-school precautions to work well, we'll be asking a lot of teachers and staff," Widome told Healthline. In addition to their usual workload, they'll now be asked to monitor mask-wearing, ensure children are keeping distance, and be aware of any symptoms.</p><p>Along with Sharfstein, Widome called for an increase in financial support. More employees will likely be required so teachers and staff members can keep up with the added demands.</p>
Should Kids Go Back?<p>While these guidelines may help get some schools to reopen, many people don't think children should go back to school over fears they could contract the disease and spread it to other vulnerable family members like grandparents, infant siblings, or their parents.</p><p>In a <a href="https://pediatrics.aappublications.org/content/early/2020/07/08/peds.2020-004879" target="_blank">Pediatrics</a> commentary, <a href="https://www.md.com/doctor/william-raszka-md" target="_blank">Dr. William V. Raszka, Jr.</a>, an infectious disease specialist at The University of Vermont Medical Center, argued that schools should open because school-aged children are far less important drivers of COVID-19 than adults.</p><p>But he says the risk and benefit is not equal among all students ages 5 to 18.</p><p>"Elementary schools are arguably higher priority for face-to-face schooling, since younger children are at lower risk for infection and transmission, and since parental supervision of younger children's distance learning may be particularly challenging," added Sorensen, who penned a <a href="https://jamanetwork.com/channels/health-forum/fullarticle/2767411" target="_blank">June article in JAMA</a> with reopening tips. "That means middle and high schools are more likely to emphasize distance learning."</p><p>Specific student populations, such as special education students and students with disabilities, would also benefit greatly from more time spent in face-to-face environments, Sorensen said.</p>
What Parents Can Do<p>Parents should ask for and receive frequent updates from schools about plans for the fall. They should also be informed about plans if and when COVID infections are identified, Sharfstein said.</p><p>"I'd like to see parents investing now, during the summer, in doing things that can slow and stop the spread of the virus in their communities," Widome said.</p><p>"Now is a good time for kids to practice wearing masks and get used to them as they may be wearing them for longer stretches if school starts up in person," Widome suggested.</p><p>She recommends parents try different mask designs and materials to see what children are more comfortable wearing.</p><p>"If you are using cloth face coverings, it's good to have extras on hand," Widome added.</p><p>Parents should model healthy behavior at home and while out in public — another thing that could affect how well children adapt to reopening practices, Sorensen said.</p><p>"Children may want to know more about face coverings," added <a href="https://www.linkedin.com/in/leescott/" target="_blank">Lee Scott</a>, chairwoman of the Educational Advisory Board at <a href="https://www.goddardschool.com/" target="_blank">The Goddard School</a>. "Dramatic play, such as creating or wearing a face covering, may help some children adjust to this concept." Schools can also show children photos of what faculty members look like in their masks so the students are familiar with that appearance.</p><p>Johns Hopkins University recently released its eSchool+ Initiative, a slew of resources surrounding education during the pandemic. These include a <a href="https://equityschoolplus.jhu.edu/reopening-checklist/" target="_blank">checklist for administrators</a>, report on <a href="https://equityschoolplus.jhu.edu/ethics-of-reopening/" target="_blank">ethical considerations</a>, and a tracker of <a href="https://equityschoolplus.jhu.edu/reopening-policy-tracker/" target="_blank">state and local reopening plans</a>.</p>
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By Eoin Higgins
Over 300 groups on Monday urged Senate leadership to reject a bill currently under consideration that would incentivize communities to sell off their public water supplies to private companies for pennies on the dollar.
<div id="fea63" class="rm-shortcode" data-rm-shortcode-id="9a6f211c2bc5aedd34837944cb8eeedf"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1281000111481294849" data-partner="rebelmouse"><div style="margin:1em 0">Water in Illinois is overwhelmingly public. Why is Tammy Duckworth sponsoring a bill that aims to change that? https://t.co/1V36Kkd99s</div> — The American Prospect (@The American Prospect)<a href="https://twitter.com/TheProspect/statuses/1281000111481294849">1594249201.0</a></blockquote></div>
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