'This Will Be the Biggest Loss of Clean Water Protection the Country Has Ever Seen': Trump Finalizes Clean Water Rule Replacement
Today, the Trump administration will finalize its replacement for the Obama-era Waters of the United States (WOTUS) rule in a move that will strip protections from more than half of the nation's wetlands and allow landowners to dump pesticides into waterways, or build over wetlands, for the first time in decades.
President Donald Trump has been working to undo the 2015 rule since he took office, but his replacement goes even further, The New York Times explained. In addition to rolling back protections for some wetlands and streams that run intermittently or temporarily underground, it will also get rid of a requirement that landowners seek permits from the U.S. Environmental Protection Agency (EPA), which had considered permits on a case-by-case basis before 2015.
"This will be the biggest loss of clean water protection the country has ever seen," Southern Environmental Law Center lawyer Blan Holman told The New York Times. "This puts drinking water for millions of Americans at risk of contamination from unregulated pollution. This is not just undoing the Obama rule. This is stripping away protections that were put in place in the '70s and '80s that Americans have relied on for their health."
The administration announced the repeal of the WOTUS rule, also known as the Clean Water Rule, in September of 2019. That rule had expanded the definition of "waters of the United States" under the 1972 Clean Water Act from larger bodies of water to include streams and wetlands. The rule was controversial before Trump took office. Many farmers and businesses thought it gave the federal government too much power, and court rulings had suspended it in 28 states.
Trump appealed to this logic when he touted his repeal Sunday at the American Farm Bureau Federation Annual Convention and Trade Show in Austin, Texas.
"I terminated one of the most ridiculous regulations of all: the last administration's disastrous Waters of the United States rule," he said. "Thank you. It's gone. That was a rule that basically took your property away from you."
However, the rule was also based on a review of 1,200 scientific studies that found that streams and wetlands were connected to waters downstream. And legal experts say Trump's replacement goes even further than repealing the 2015 rule to deny decades-old protections to smaller headwaters.
"This is rolling back federal jurisdiction of the Clean Water Act further than it's ever been before," Vermont Law School environmental law professor Patrick Parenteau told The New York Times "Waters that have been protected for almost 50 years will no longer be protected under the Clean Water Act."
The science behind Trump's new rule is already being challenged, including by some of Trump's own appointees.
Late in 2019, the EPA's Scientific Advisory Board, which is staffed with many Trump picks, questioned the science behind three of the administration's deregulatory moves, including its WOTUS repeal. The board wrote that the administration's proposed replacement "neglects established science" by "failing to acknowledge watershed systems," The New York Times reported at the time. The board also said it found "no scientific justification" for denying protections to certain bodies of water.
The board's comments will likely prove useful to environmental groups and the attorneys general of several states, who are expected to sue to block the new rule, The New York Times reported.
"The legal standing all has to do with whether you have a rational basis for what you're doing," Parenteau told The New York Times. "And when you have experts saying you're not adhering to the science, that's not rational, it's arbitrary."
"The writing of the final Rule was controlled solely by [EPA] Headquarters political appointees," the complaint, signed by 44 current and former EPA employees, said. "The final Rule contradicts the overwhelming scientific consensus on the connectivity of wetlands and waters, and the impacts that ephemeral streams and so-called 'geographically isolated' wetlands have on downstream navigable waters."
The group filed the complaint with the EPA's Office of Inspector General and asked it to determine if the rule violated the agency's Scientific Integrity Policy.
The final rule is due to be announced in Dallas, Texas today by EPA and U.S. Army Corps of Engineers officials, as well as Texas Republican Representatives Louie Gohmert and Ron Wright, Courthouse News Service reported.
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By Melissa Hawkins
After sustained declines in the number of COVID-19 cases over recent months, restrictions are starting to ease across the United States. Numbers of new cases are falling or stable at low numbers in some states, but they are surging in many others. Overall, the U.S. is experiencing a sharp increase in the number of new cases a day, and by late June, had surpassed the peak rate of spread in early April.
Seven day rolling average of number of people confirmed to have COVID-19, per day (not including today). This chart gets updated once per day with data by Johns Hopkins. Johns Hopkins university doesn't provide reliable data for March 12 and March 13. Johns Hopkins CSSE Get the data
To Have a Second Wave, the First Wave Needs to End.<p>A wave of an infection describes a large rise and fall in the number of cases. There isn't a precise epidemiological definition of when a wave begins or ends.</p><p>But with talk of a <a href="https://www.theguardian.com/world/2020/jun/27/new-covid-19-clusters-across-world-spark-fear-of-second-wave" target="_blank">second wave in the news</a>, as an <a href="https://www.american.edu/cas/faculty/mhawkins.cfm" target="_blank">epidemiologist and public health researcher</a>, I think there are two necessary factors that must be met before we can colloquially declare a second wave.</p><p>First, the virus would have to be controlled and transmission brought down to a very low level. That would be the end of the first wave. Then, the virus would need to reappear and result in a large increase in cases and hospitalizations.</p><p>Many countries in <a href="https://doi.org/10.1038/s41562-020-0908-8" target="_blank">Europe and Asia have successfully ended the first wave</a>. <a href="https://www.theguardian.com/world/2020/jun/08/new-zealand-abandons-covid-19-restrictions-after-nation-declared-no-cases" target="_blank">New Zealand</a> and <a href="https://www.newyorker.com/magazine/2020/06/08/how-iceland-beat-the-coronavirus" target="_blank">Iceland</a> have also made it through their first waves and are now essentially coronavirus-free, with very low levels of community transmission and only a handful of active cases currently.</p>
Different States, Different Trends<p>Looking at U.S. numbers as a whole hides what is really going on. Different states are in <a href="https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html" target="_blank">vastly different situations right now</a> and when you look at states individually, four major categories emerge.</p><ol><li>Places where the first wave is ending: States in the Northeast and a few scattered elsewhere experienced large initial spikes but were able to mostly contain the virus and substantially brought down new infections. <a href="https://www.nytimes.com/interactive/2020/us/new-york-coronavirus-cases.html" target="_blank">New York</a> is a good example of this.</li><li>Places still in the first wave: Several states in the South and West – see <a href="https://www.nytimes.com/interactive/2020/us/texas-coronavirus-cases.html" target="_blank">Texas</a> and <a href="https://www.nytimes.com/interactive/2020/us/california-coronavirus-cases.html" target="_blank">California</a> – had some cases early on, but are now seeing massive surges with no sign of slowing down.</li><li>Places in between: Many states were hit early in the first wave, managed to slow it down, but are either at a plateau – like <a href="https://www.nytimes.com/interactive/2020/us/north-dakota-coronavirus-cases.html" target="_blank">North Dakota</a> – or are now seeing steep increases – like <a href="https://www.nytimes.com/interactive/2020/us/oklahoma-coronavirus-cases.html" target="_blank">Oklahoma</a>.</li><li>Places experiencing local second waves: Looking only at a state level, <a href="https://www.nytimes.com/interactive/2020/us/hawaii-coronavirus-cases.html" target="_blank">Hawaii</a>, <a href="https://www.nytimes.com/interactive/2020/us/montana-coronavirus-cases.html" target="_blank">Montana</a> and <a href="https://www.nytimes.com/interactive/2020/us/alaska-coronavirus-cases.html" target="_blank">Alaska</a> could be said to be experiencing second waves. Each state experienced relatively small initial outbreaks and was able to reduce spread to single digits of daily new confirmed cases, but are now all seeing spikes again.</li></ol><p>The trends aren't surprising based on how states have been dealing with reopening. The virus will go wherever there are susceptible people and until the U.S. stops community spread across the entire country, the first wave isn't over.</p>
What Could a Second Wave Look Like?<p>It is possible – though at this point it seems unlikely – that the U.S. could control the virus before a vaccine is developed. If that happens, it would be time to start thinking about a second wave. The question of what it might look like depends in large part on everyone's actions.</p><p>The <a href="https://dx.doi.org/10.1086%2F592454" target="_blank">1918 flu pandemic</a> was characterized by a mild first wave in the winter of 1917-1918 that went away in summer. After restrictions were lifted, people very quickly went back to pre-pandemic life. But a second, deadlier strain came back in fall of 1918 and third in spring of 1919. In total, <a href="https://www.cdc.gov/flu/pandemic-resources/1918-commemoration/1918-pandemic-history.htm" target="_blank">more than 500 million people were infected</a> worldwide and upwards of <a href="https://theconversation.com/compare-the-flu-pandemic-of-1918-and-covid-19-with-caution-the-past-is-not-a-prediction-138895" target="_blank">50 million died</a> over the course of three waves.</p><p>It was the combination of a quick return to normal life and a mutation in the flu's genome that made it more deadly that led to the horrific second and third waves.</p><p>Thankfully, the coronavirus appears to be much more <a href="https://doi.org/10.1016/j.meegid.2020.104351" target="_blank">genetically stable</a> than the influenza virus, and thus less likely to mutate into a more deadly variant. That leaves human behavior as the main risk factor.</p><p>Until a <a href="https://theconversation.com/what-needs-to-go-right-to-get-a-coronavirus-vaccine-in-12-18-months-136816" target="_blank">vaccine or effective treatment is developed</a>, the tried-and-true public health measures of the last months – <a href="https://theconversation.com/this-simple-model-shows-the-importance-of-wearing-masks-and-social-distancing-140423" target="_blank">social distancing,</a> <a href="https://theconversation.com/masks-help-stop-the-spread-of-coronavirus-the-science-is-simple-and-im-one-of-100-experts-urging-governors-to-require-public-mask-wearing-138507" target="_blank">universal mask wearing</a>, frequent hand-washing and avoiding crowded indoor spaces – are the ways to stop the first wave and thwart a second one. And when there are surges like what is happening now in the U.S., further reopening plans need to be put on hold.</p>
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By Emma Charlton
Gluts of food left to rot as a consequence of coronavirus aren't just wasteful – they're also likely to damage the environment.
Methane on the Rise<p>Not only is this a tragic waste of food at a time when many are going hungry, it is also an <a href="https://donatedontdump.net/2014/07/07/the-effects-of-food-waste-on-the-environment-by-junemy-pantig/" target="_blank">environmental hazard</a> and could contribute to global warming. Landfill gas – <a href="https://www.epa.gov/lmop/basic-information-about-landfill-gas" target="_blank">roughly half methane and half carbon dioxide (CO2)</a> – is a natural byproduct of the decomposition of organic material.</p>
Food decay leads to production of greenhouse gases, methane and carbon dioxide. EPA<p>Methane is a potent greenhouse gas, 28 to <a href="https://www.ipcc.ch/site/assets/uploads/2018/02/SYR_AR5_FINAL_full.pdf" target="_blank">36 times more effective than CO2 at trapping heat</a> in the atmosphere over a 100-year period, according to the Intergovernmental Panel on Climate Change.</p><p>"Many export-oriented producers produce volumes far too large for output to be absorbed in local markets, and thus <a href="https://unctad.org/en/pages/newsdetails.aspx?OriginalVersionID=2333" target="_blank">organic waste levels have mounted substantially</a>," says Robert Hamwey, Economic Affairs Officer at UN agency UNCTAD. "Because this waste is left to decay, levels of methane emissions, a greenhouse gas, from decaying produce are expected to rise sharply in the crisis and immediate post-crisis months."</p>
Food supply chains are easily disrupted. UN FAO<p>Dumping food was already a problem before the crisis. In America alone, <a href="https://www.refed.com/?sort=economic-value-per-ton" target="_blank">$218 billion is spent growing, processing, transporting</a> and disposing of food that is never eaten, estimates ReFED, a collection of business, non-profit and government leaders committed to reducing food waste. That's equivalent to around 1.3% of GDP.</p><p>Since the pandemic took hold, <a href="https://www.bbc.co.uk/news/world-52267943" target="_blank">farmers are dumping 14 million liters</a> of milk each day because of disrupted supply routes, estimates Dairy Farmers of America. A chicken processor was forced to <a href="https://www.nytimes.com/2020/04/11/business/coronavirus-destroying-food.html" target="_blank">destroy 750,000 unhatched eggs a week</a>, according to the New York Times, which also cited an onion farmer letting most of his harvest decompose because he couldn't distribute or store them.</p>
Food Prices Collapsing<p>The excess has also seen prices collapse. The <a href="http://www.fao.org/worldfoodsituation/foodpricesindex/en/" target="_blank">FAO Food Price Index</a> (FFPI) averaged 162.5 points in May 2020, down 3.1 points from April and reaching the lowest monthly average since December 2018. The gauge has dropped for four consecutive months, and the latest decline reflects falling values of all the food commodities – dairy, meat, cereal, vegetable – except sugar, which rose for the first time in three months.</p><p>All this while the pandemic is exacerbating other global food trends.</p><p>"This year, some 49 million extra people may fall into extreme poverty due to the COVID-19 crisis," said António Guterres, Secretary-General of the UN. "The number of people who are acutely food or nutrition insecure will rapidly expand. <a href="https://www.youtube.com/watch?v=fGhLKAbNDiY&feature=youtu.be" target="_blank">Even in countries with abundant food, we see risks of disruptions in the food supply chain</a>."</p>
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