Climate Change Risk? Nah – The Deniers & Destroyers Are At Work – White House Attempts to Roll Back Obama Legacy

Deniers/Destroyers are at work – at US EPA — the White House — hoping/wishing for rollback of rich Obama legacy positions on climate change issues…

by Hank Boerner – Chairman, Chief Strategist – G&A Institute

March 28, 2017

In classic-CNN style we bring you !!!BREAKING NEWS!!! – the Climate Change Deniers and Environmental Regulatory Protection Destroyers are at work in Washington DC today.

You’ve heard the news by now: President Donald Trump and EPA Administrator E. Scott Pruitt are preening and pompously strutting as they announce the important beginnings of what they want (and hope!) to be the rollback of important environmental and public health protections of the Obama Administration … you know, the “job killers” that were at work putting coal miners out of business.

At least that’s some of the twisting, grasping, pretzel-elian logic that underpins the actions taken today (which in turn tells the Trump loyal voting base that yes, still another campaign promise is being carried out on their behalf).

During his early months in office, President Barack Obama signed important Executive Orders that addressed climate change issues and global warming challenges — and please here do note that these and other Presidential EOs are always based on (1) the existing statutes enacted by Congress and (2) the authority of the Office of the President.

You remember some of the key statutes involved in these issues  — The Clean Air Act (CAA); The Clean Water Act; (CWA) the foundations laid by the all-empowering National Environmental Policy Act (NEPA) …and other landmark legislation sensibly reached on a bipartisan basis over the decades since American rivers burst into flames.

Today, President Donald Trump signed [a very brief] EO with a flourish — the “Promoting Energy Independence and Economic Growth” Executive Order.

The action orders the U.S. Environmental Protection Agency to begin the [legal] process of un-doing or re-doing the nation’s Clean Power Plan, the keystone to President Obama’s actions to address global warming. (Or “climate change” if one is skittish about being on the side of the angels on this issues.)

Here is what today’s EO covers:

  • Executive (cabinet) departments and agencies will begin reviewing regulations that potentially burden the development/or use of domestic energy sources — and then suspend, revise or rescind those that “unduly burden” the development of domestic energy resources…beyond the degree necessary to protect the public interest.
  • All [Federal] agencies should take appropriate actions to promote clean air (!) and clean water (!) for the American People — oh, while following the law and the role of the Congress and the States concerning these matters. (One hopes this includes Flint, Michigan residents. We can hear great, cogent arguments in the Federal courts about all of this.)
  • Costs are to be considered — regarding “environmental improvements for the American People” — as, when “necessary and appropriate” environmental regulations are to be complied with…and the benefits must be greater than the cost.

This is encouraging, if only that it is stated to provide cover for legal challenges: Environmental regulations will be developed through transparent processes that employ the best available peer-reviewed science and economics!

  • All Federal agencies are to review actions that are described in the Trump Executive Order and then submit to the [White House] staffed departments and the Vice President their plan(s) to carry out the review for their agency.

Here’s The Important Deny/Destroy Actions

By swipe of pen, the President revoked these important cornerstones of the Obama Administration climate change legacy:

  • Executive Order 13653 (November 1, 2013) – “Preparing the U.S. for the Impacts of Climate Change.”
  • President Memorandum (June 25, 2013) – “Power Sector Carbon Pollution Standards.”
  • Presidential Memorandum (November 3, 2015) – “Mitigating Impact on Natural Resources from Development and Encouraging Related Private Investment.”
  • Presidential Memorandum (September 21, 2016) – “Climate Change and National Security.”
  • Report of the Executive Office of the President (June 2013) – “Climate Action Plan.”
  • Report of the Executive Office of the President (March 2014) – “Climate Action Plan Strategy to Reduce Methane Emissions.”
  • The Council on Environmental Quality guidance (August 5, 2016) – “Final Guidance for Federal Departments and Agencies on Consideration of GhGs and Effects of Climate Change in NEPA Reviews.”

And The Very Important Clean Power Plan…

  • A review of the EPA’s “Clean Power Plan,” to be suspended, revised or rescinded, or, new rules proposed following the steps necessary. This will affect:
  • The final rules of the Clean Power Plan (October 23, 2015) – “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generation Units”;
  • Final Rules (October 23, 2015) – “Standards of Performance for GhGs from New, Modified and Reconstructed Stationary Sources: Electric Utility Generating Units;
  • Proposed Rule (October 23, 2015) – “Federal Plan Requirements for GhGs Emissions from Electric Utility Generating Units Constructed before January 8, 2015”; “Model Trading Rules: Amendments to Framework Regulations”.
  • The Interagency Working Group on Social Cost of Greenhouse Gases – convened by the Council of Economic Advisors and the Director, Office of Management and Budget (OMB) — is disbanded, and the documents that established the “social cost of carbon” no longer represent public policy.

Beyond these specifics, the EO also orders the Secretary of the Interior to review its rules, and any guidance given, and (if appropriate) suspend, revise and rescind these. Included:

  • Final Rule (March 26, 2015) – “Oil and Gas: Hydraulic Fracturing on Federal and Indian Lands”;
  • Final Rule (November 4, 2016) – “General Provisions and Non-Federal Oil and Gas Rights”;
  • Final Rule (November 14, 2016) – “Management of Non-Federal Oil and Gas Rights”;
  • Final Rule (November 18, 2016) – “Waste Prevention, Production Subject to Royalties, and Resource Conservation.”

For the record: The EO is intended to (1) promote clean and safe development of “our Nation’s vast” energy sources; (2) avoid regulatory burdens that constrain production, energy growth and job creation; (3) assure the Nation’s geo-political security.

US SIF Weighs In

The influential trade association for sustainable, responsible and impact investing swiftly responded. Lisa Woll, CEO of US SIF, commented:

“On behalf of our 300 institutional members, US SIF belies the Administration should be working aggressively to reduce carbon in the atmosphere and that this Executive Order accomplishes the opposite.

“The United States is paying a high economic price from the ravages of severe drought, wildfires and storms associated with increased atmospheric levels of carbon. This is not the time to retreat from the call to protect current and succeeding generations from the catastrophic implications of further, unrestrained climate change.”

In the US SIF biennial survey of sustainable and impact investment assets, it should be noted here that U.S. money managers with US$1.42 trillion in AUM and institutional asset owners with $2.15 trillion in assets consider climate change risk in their investment analysis — that is three times the level in the prior survey in 2014.

Now — Investors – NGOs – State and local governments – social issue activists — business leaders — Federal and State courts — can push back HARD on these moves by the Trump Administration.

Otherwise, it could be drill, baby, drill — dig, baby, dig — and, hey, it’s good for us, we are assured by the Deflector-in-Chief and his merry band of wrongheaded Deniers/Destroyers in the Nation’s capital!

What do you think — what do you have to say? Weigh in our this commentary and share your thoughts – there’s space below to continue the conversation!

Quo Vadis, The Peoples’ U.S. EPA — Where Now in the Trumpian Era?

by Hank Boerner – Chair/Chief Strategist – G&A Institute

February 22, 2017

Quo Vadis (where are we going) with our Environmental Protection Agency?

The leader’s baton is passed and the U.S. EPA has a new head of agency.  E. Scott Pruitt got passed the opposition mounted to his nomination by President Trump and is now the 14th Administrator of the Agency. He was the Attorney General of the State of Oklahoma.

Where he mounted more than a dozen attacks in the courts against the Federal protector of land, air, water and more.  The cases are still pending; Administrator Pruitt has not yet  said he would recuse himself from the proceedings.

The lawsuits challenged EPA on various rules dealing with mercury pollution, carbon emissions, smog, protecting of waters and wetlands, and more.

The EPA Highlights outreach today proclaimed that Scott Pruitt “…believes promoting and protecting a strong and healthy environment is one of the lifeblood priorities of the government…and EPA is a vital part of that mission…”

And — “…as Administrator, Mr. Pruitt will lead EPA in a way that our future generations inherit a better and healthier environment while advancing America’s economic interests…”  We are on notice, I would say.

Meanwhile, hundreds of current and former EPA employees had urged the U.S. Senate NOT to ratify the nomination (450-plus signed on).  In Chicago, at lunch time, possibly imperiling their careers at the Agency, EPA Region 5 employees poured out of the office and into the streets at lunch time in protest.

More than two dozen environmental groups also challenged his qualifications.

The Washington Post yesterday reported that on his first day in office Administrator Pruitt “made clear that he intends to step back from what he sees as the Agency’s over-reach during the [President Barack] Obama years.  “The only authority that any agency has,” he told a noontime gathering at EPA, “is the authority given to it by Congress.  We need to respect that…”

Oh yes, Administrator Pruitt was speaking in the Rachel Carson Green Room at EPA (named for the author of Silent Spring, which helped to launch the modern environmental movement).  Perhaps someone passed along her book to the new leader.

The Administrator did say, according to the Post, that the EPA and the nation could do a better job of being both pro-energy and pro-environment.  Time will tell, we could say, as the actions and proclamations and loud and whispered orders come down from on high at EPA in the days ahead.

* * * * * * * *

for clues as to what may be ahead with Scott Pruitt at the helm, we could look to a commentary that the new EPA Administrator published on Public Utilities Fortnightly — ” The Methane Myth”  Incompetence and overreach at the EPA… (July 2012).

He wrote:  “,.,,my views on energy policy might be discounted as a simple ploy to bolster the energy industry at the expense of environmental stewardship and responsibility. That perspective would be misguided. I do strongly support energy producers and their role in the nation’s economic sustainability, but this issue isn’t about oil. Nor is it about natural gas or hydraulic fracturing. This is about a wayward federal agency arbitrarily using unsubstantiated, inaccurate, and flawed data to achieve a specific policy objective…”

And…”…The agency’s actions are at best incompetent, and at worst reprehensible. They have a very real effect on families, businesses, communities, and state economies. Without justification, they erode the states’ ability to self-regulate, and they stifle exploration of domestic energy sources, putting our national energy security at risk..”.

There’s more for you to read and process at: https://www.fortnightly.com/fortnightly/2012/07/methane-myth?page=0%2C0

The post is by  E. Scott Pruitt – Attorney General of Oklahoma

and Chair, Republican Attorneys General Association

* * * * * * * *

One of the pioneer environmental protection associations is the NRDC – founded in 1970 as the Natural Resources Defense Council by attorneys and students.  There are now 2 million members in the group.  The group explained its opposition to AG Pruitt’s appointment in a post on its web site:

Pete Altman:  “It could be his consistent record of siding with industry over public health, frequently choosing positions which benefited companies funneling money to Pruitt’s campaign, his PAC or groups he was raising money for (see here, here and here.) Or that he’s a climate denier. Or that his record includes no positive environmental achievements—as colleague John Walke tweeted yesterday, out of more than 700 press releases from Pruitt’s office, not one touts any action to enforce environmental laws…”

NRDC and other of its peer NGOs and SRI investors and state officials will be watching the EPA actions VERY CLOSELY in the days ahead, we can say with some assurance.

* * * * * * * *

Late afternoon – Feb 22 — No sooner did I finish and post the above then the news came in —The Washington Post today (2-22-17) is reporting that “thousands of emails detail EPA head’s close ties to fossil fuel industry.”

In response to a legal action by the Center for Media and Democracy, thousands of the AG’s emails were released.  The communications highlight, the Post report says, close relationships between AG Pruitt and fossil fuel interests.

“The emails show Pruitt and his office were in touch with a network of ultra-conservative groups…many receiving backing from billionaire brothers Charles and David Koch, owners of Koch Industries, a major oil company…”

More in the late breaking story for you at: https://www.washingtonpost.com/news/energy-environment/wp/2017/02/22/oklahoma-attorney-generals-office-releases-7500-pages-of-emails-between-scott-pruitt-and-fossil-fuel-industry/?utm_term=.7f34f5c67cd1&wpisrc=nl_evening&wpmm=1