Preview Newsletter
AM ACC 11/8/2016
-
(ACC Mentioned) Omnova Solutions Names New CEO
Nov 7, 2016 | Crain's Cleveland Business
By Rachel Abbey McCafferty
Omnova Solutions Inc. will soon have a new CEO. -
Six Products to Avoid Whenever Possible
Nov 4, 2016 | Safer Chemicals, Healthy Families
By Paige Wolf
I don’t believe in “Always” or “Never,” and certainly not scare-tactic click bait headlines that throw parents into a panic. But as a parent concerned about the cumulative effects of toxic chemicals on my children’s health, I do believe in trying to do better. -
Ex-Shell Leader Slammed Clinton's 'Mindless' Energy Policy
Nov 7, 2016 | E&E News PM
By Corbin Hiar
The former president of Shell Oil Co. warned Hillary Clinton's team in March that on energy issues, the Democrat was "coming across as a mindless, irrational leftist like her primary opponent." -
North Dakota Industrial Commission Sets New Oil, Gas Rules On Gathering Lines
Nov 7, 2016 | Natural Gas Intelligence
By Richard Nemec
North Dakota's Industrial Commission (IC) on Monday approved held-over rules from the state legislature's Rules Committee, clarifying and/or updating bonding, natural gas gathering pipeline, oil and produced water lines and oil/gas facility berm requirements. -
Kaine: Rerouting ND Pipeline ‘The Right Thing to Do’
Nov 7, 2016 | The Hill - E2 Wire
By Devin Henry
Democratic vice presidential nominee Tim Kaine has endorsed President Obama’s call to reroute the controversial Dakota Access pipeline. -
Earthquake Rattles Cushing, OK; No Damage Reported to Oil Terminal
Nov 7, 2016 | Natural Gas Intelligence
By Charlie Passut
An earthquake measuring 5.0 on the Richter scale hit near the crude storage and transportation hub of Cushing, OK, on Sunday and spawned at least six aftershocks, but no damage was reported to energy-related infrastructure in the city. -
Int'l Paper Co. Chemical Leak Class Claims Survive Challenge
Nov 8, 2016 | BNA Daily Environment Report
By Steven M. Sellers
International Paper Co. must face nuisance and negligence class claims over a chemical spill at one of its paper mills, the Eastern District of Louisiana ruled Nov. 4 (Bolton v. Int'l Paper Co., 2016 BL 369626, E.D. La., No. 16-cv-13346, 11/4/16). -
Outcome of Water Pollution Trial Against BNSF Could Reach Beyond Lakes, Streams
Nov 7, 2016 | Northwest Public Radio
By Emily Schwing
Seven environmental groups want to prove coal being hauled by rail is polluting Washington’s waterways. If they are successful, the outcome could have huge implications for the way trains are regulated going forward. -
D.C. Circuit to Hear Ozone Arguments in February
Nov 8, 2016 | BNA Daily Environment Report
By Patrick Ambrosio
Oral arguments over the Environmental Protection Agency's 2015 ozone standards will be heard Feb. 16 before a federal appeals court panel (Murray Energy Corp. v. EPA, D.C. Cir., No. 15-1385, 11/7/16). -
Parts of 22 States Unlikely to Meet 2015 Ozone Standards
Nov 8, 2016 | BNA Daily Environment Report
By Patrick Ambrosio
Parts of at least 22 states are unlikely to meet the 2015 ozone standards, and that number could grow before decisions on the final list of nonattainment areas are made next year, according to a Bloomberg BNA survey of state environmental agencies. -
Environmentalists Say Trump EPA Would Prolong CWA Jurisdiction Fight
Nov 7, 2016 | Inside EPA
By Bridget DiCosmo
Environmentalists say that if Republican presidential candidate Donald Trump wins the Nov. 8 election it would guarantee a prolonged fight over the already contentious issue of Clean Water Act (CWA) jurisdiction... -
The Battle over Washington State’s Proposed Carbon Tax Has Gotten Even Weirder
Nov 7, 2016 | Washington Post
By Chelsea Harvey
A carbon tax proposal in Washington state, scheduled for the ballot on Tuesday, has been drawing national attention for weeks as a result of the unexpected controversy it’s inspired among environmental groups, many of whom have outright opposed the initiative. -
List for EPA Chief Short Under Clinton; Trump List Unclear
Nov 8, 2016 | BNA Daily Environment Report
By Brian Dabbs
A Yale professor and a leader of California's ambitious air policy agenda are topping the short list for Environmental Protection Agency administrator under a potential Hillary Clinton presidency. -
UN Climate Talks Seek to Build on Paris Summit Progress
Nov 8, 2016 | BNA Daily Environment Report
By Eric J. Lyman
The Marrakech Climate Change Conference got started Nov. 7 with repeated calls to build on the momentum from last year's Paris summit and the recent entry into force of the resulting Paris Agreement, the world's first global climate pact.
Industry and Association News
LCSA News - There are no clips to report at this time.
Chemical Management News
Energy News
Chemical Security News
Transportation News
Environment News
-
(ACC Mentioned) Omnova Solutions Names New CEO
Nov 7, 2016 | Crain's Cleveland Business
By Rachel Abbey McCafferty
Omnova Solutions Inc. will soon have a new CEO.
The Beachwood-based specialty chemicals and polymer company on Nov. 7 announced in a news release that Kevin M. McMullen, 56, will step down as chairman, CEO and president, effective Dec. 1. He also will leave the company's board of directors at that time.
Omnova has selected Anne P. Noonan, 53, to succeed McMullen as president and CEO, also effective Dec. 1. She will join the board of directors, but the release stated the company has decided to split the chairman and CEO roles. William R. Seelbach, 68, has been elected Omnova's independent, non-executive chairman, a role he will assume on Dec. 1.
Noonan is currently president of Omnova's Performance Chemicals business. She joined the company in 2014. Prior to that, the release noted that she served as senior vice president and president of Chemtura Corp.'s Industrial Engineered Products business segment. Overall, she worked for Chemtura and its predecessor, Great Lakes Chemical Corp., for 27 years. She has been member of CF Industries' board of directors and the American Chemistry Council's board of directors since 2015.
Under Noonan's leadership, the Performance Chemicals business has seen "significantly improved financial results" and cost reductions, the release stated. The business has also built the foundation "to accelerate specialty growth with accomplished market-specialized talent and a reinvigorated innovation pipeline."
"We are confident Anne will continue to drive enhanced value for shareholders. Anne is an accomplished executive with deep knowledge of the chemicals industry and OMNOVA," said Michael J. Merriman, presiding director of the board, in the release. "She has a proven record of transformational change and improving performance through her leadership, customer focus, and emphasis on value creation. We are pleased she has agreed to lead OMNOVA, and we look forward to the contributions she will make to the Company and the Board."
The release credits McMullen with growing the company globally and adding technology to "enhance its position as a value-added solutions provider." He has been CEO since 2000 and said in the release that he is leaving now to "pursue other interests."
http://www.crainscleveland.com/article/20161107/NEWS/161109789/omnova-solutions-names-new-ceo
-
Six Products to Avoid Whenever Possible
Nov 4, 2016 | Safer Chemicals, Healthy Families
By Paige Wolf
I don’t believe in “Always” or “Never,” and certainly not scare-tactic click bait headlines that throw parents into a panic. But as a parent concerned about the cumulative effects of toxic chemicals on my children’s health, I do believe in trying to do better. And, with that, I present the top products I avoid as much as possible.
1. Canned Food laden with BPA: In addition to preservatives and an often low level of food quality, canned foods are worrisome due to the inside plastic coating. Many of these coatings contain BPA, an endocrine-disrupting chemical. Some companies are eliminating BPA from their cans, but most are not transparent about what they are replacing it with. A recent study found many companies are replacing BPA with clearly regrettable substitutes like PVC. Canned tomatoes are particularly troublesome due to their acidity, but fortunately there are a few brands offering organic tomatoes in jars. Canned foods are useful in a pinch, and I can’t seem to get my kids off store-bought “Elmo soup,” but try to avoid cans as much as you can. If you use a can, look for those that are “BPA-free” and ask the company what they’re using instead.
2. Artificial Scents: If whoever created the earth did not create that scent you should probably avoid it. Scented air fresheners, deodorizers, and artificially scented candles, perfumes, and body products are often loaded with phthalates, a chemical linked to various health issues. They also adversely affect those around you who may have fragrance sensitivities (cough, cough).
3. PVC/vinyl Shower Curtains: Those cheap plastic shower curtains reek of chemicals for a reason. Stay away from anything with that “fresh plastic” smell, like a new shower curtain, a likely sign of phthalates. One study found vinyl shower curtains can release over 100 VOC’s into indoor air. PVC Blow up beach balls and swimmies are also hard to avoid, so at least keep them outdoors.
4. Squishy Toys from Cereal Boxes: You know those spiders that you throw at the wall and they crawl down? Basically a phthalate with eight legs.
5. Harsh Cleaning Products: Bleach, ammonia, and harsh cleaning products are linked to respiratory and other health issues. These are easily replaced with safer store bought cleaners and homemade miracle workers like white vinegar and baking soda. Look for those that have been certified by EPA’s Safer Choice program, especially those that are “fragrance-free”.
6. Non-Stick Stuff: If you registered for your wedding gifts in the past 50 years, you probably have a few non-stick metal pans coated with a synthetic polymer commonly known as Teflon. There is peer-reviewed research—as well as sad anecdotal evidence—that the toxic fumes from the Teflon chemical released from pots and pans at high temperatures are actually notorious for killing pet birds. Additionally, studies link chemicals in the Teflon family with various adverse health and environmental effects. Avoid anything labeled as “non-stick” or “stain repellent.” Learn how to season a cast iron pan with cooking oil and remove stains with baking soda instead.
Contrary to the misleading idea that greener and healthier living can be a hassle, each of these tips is relatively simple and cost-effective. In fact, a few of these can actually save money! Start by trying to eliminate or minimize these items one by one, and you can make a big difference.
http://saferchemicals.org/2016/11/04/six-products-to-avoid-whenever-possible/
-
Ex-Shell Leader Slammed Clinton's 'Mindless' Energy Policy
Nov 7, 2016 | E&E News PM
By Corbin Hiar
Article updated at 4:35 p.m. EST.
The former president of Shell Oil Co. warned Hillary Clinton's team in March that on energy issues, the Democrat was "coming across as a mindless, irrational leftist like her primary opponent."
John Hofmeister — who was president of the U.S. arm of Royal Dutch Shell PLC from 2005 to 2008 — said in an email that was recently released by WikiLeaks that Clinton "had a sound position and was fairly well supported" by the energy industry during her 2008 run for the White House.
"Her more recent positions on energy matters are seriously deteriorating her credibility and reputation among energy experts in the energy capital," Hofmeister, referring to his hometown of Houston, wrote to Clinton campaign chairman John Podesta. "She is offering nothing of believable substance for people in this region."
Hofmeister objected to what he called "her expressed opposition to oil and natural gas initiatives, esp. her opposition to fracturing and ongoing use of lower priced and essential fossil fuels with her preferences for more expensive alternatives (since there are no near term alternatives to what we use today)."
In past election cycles, Hofmeister has donated thousands of dollars to both Democratic and Republican presidential nominees, including Clinton in 2008. He has not given significant sums to any candidates during the 2016 cycle, according to data compiled by the Center for Responsive Politics.
In the March 10 email to Podesta, which entirely avoided the related issue of climate change, Hofmeister made clear that he wasn't ready to support Clinton again.
"I'm having an impossible time trying to sustain her reputation for pragmatism and I'm about ready to go silent, withdraw and look after my own interests," he wrote. "I don't know who is advising her but whoever it is does not realize how much damage is being done to destroy her energy reputation. She is moving rapidly toward a non-recoverable position in this part of the country, especially up against the pragmatism of her Republican opponent."
He added that "the message to me with regard to Hillary's lack of interest in energy is to not waste my time."
Hofmeister's views were solicited by John Graham, the chairman and CEO of Fairview Insurance Agency Associates Inc., who copied Hofmeister on an email to Podesta and Huma Abedin, the vice chairwoman of the Clinton campaign.
"[W]e must get a handle on the NAFTA implications for job loss," said Graham, one of the 2008 campaign's national finance co-chairmen, referring to the North American Free Trade Agreement that was championed by President Bill Clinton. "I highly recommend John Hofmeister ... who has a plan to create 3 million highly skilled energy jobs."
Five months later, Graham wrote Podesta, Abedin and Marlon Marshall, the director of state campaigns and political engagement for the Clinton campaign, to again encourage them to work with Hofmeister.
"John indicated that he was making attempts to have Hillary come to Houston as the guest speaker for a National Energy Symposium," Graham wrote in the email, which also copied Hofmeister.
"His efforts have apparently fallen on deaf ears," the New Jersey-based insurance CEO added. "He would greatly appreciate your efforts as the decision makers for Hillary`s campaign in interceding with his request. Much can come from this energy session."
Podesta does not appear to have responded to either of the emails, and Clinton did not attend the University of Houston Energy Symposium Series that Graham seems to have been referring to.
In a statement to E&E News, Hofmeister said "the efforts to set up the national energy symposium did not materialize" and reiterated his disappointment with the 2016 presidential contest.
"The candidates polarized on energy," he wrote. "Nothing much more to say. The nation is the loser."
The Clinton campaign has not confirmed or denied the authenticity of any of the thousands of emails posted by WikiLeaks but has repeatedly blamed their release on hacking and electoral interference by the Russian government.
Hofmeister was one of several oil company leaders who Congress repeatedly grilled during a period of record-high gasoline prices (Greenwire, May 21, 2008).
Since he retired from Shell, his LinkedIn profile shows that he has been the CEO of the Citizens for Affordable Energy, an educational group, and has sat on a handful of corporate and charitable boards.
http://www.eenews.net/eenewspm/2016/11/07/stories/1060045401
-
North Dakota Industrial Commission Sets New Oil, Gas Rules On Gathering Lines
Nov 7, 2016 | Natural Gas Intelligence
By Richard Nemec
North Dakota's Industrial Commission (IC) on Monday approved held-over rules from the state legislature's Rules Committee, clarifying and/or updating bonding, natural gas gathering pipeline, oil and produced water lines and oil/gas facility berm requirements. They are slated to be effective Jan. 1.
With the IC's action, the approved rule changes go to the state lawmakers' Administrative Rules Committee for approval Dec. 5.
Composed of the governor, attorney general and agriculture commissioner, the IC sets regulations for the state's oil/gas industry that are enforced by the Department of Mineral Resources (DMR), headed by Lynn Helms, the state's oil/gas supervisor. DMR must implement the new rules, assuming their final legislative OK next month.
Under the rules on bonding and transfer of wells, source wells for use in enhanced recovery have been added, and specifications outlined for saltwater handling facility and crude oil/produced water and underground gathering pipeline bonds.
To existing requirements for well and lease equipment, gas gathering pipelines have been added, outlining requirements for abandoned gas gathering pipelines. They must be left in a "safe condition" as defined in existing regulations for the abandonment of all other oil/gas pipelines in the state. Operators in the future will be required to report to the state within 180 days of abandoning a gathering pipeline.
The new rules also define and specify applications and notification for crude oil or produced water underground gathering pipelines -- pipelines designed for and intended "to transfer crude oil or produced water from a production facility for disposal, storage or sale purposes."
Other new rules cover oil production equipment, dikes and seals, treatment plant construction and operation requirements, and the construction and operation of saltwater handling facilities.
For the saltwater facilities, within 180 days after the operator is notified by IC, "a perimeter berm, at lest six inches in height, must be constructed of sufficiently impermeable material to provide emergency containment around the facility and to divert surface drainage away from the site." A similar berm requirement is added for treatment plants.
There is also a requirement that prior to completing any well, "dikes must be erected around oil tanks at any new production facility." A waiver can be attained from the DMR director for this berm requirement, or the director can consider an extension of time for meeting the berm requirement.
http://www.naturalgasintel.com/articles/108356-north-dakota-industrial-commission-sets-new-oil-gas-rules-on-gathering-lines
-
Kaine: Rerouting ND Pipeline ‘The Right Thing to Do’
Nov 7, 2016 | The Hill - E2 Wire
By Devin Henry
Democratic vice presidential nominee Tim Kaine has endorsed President Obama’s call to reroute the controversial Dakota Access pipeline.
“They already rerouted it once — it was routed to be near Bismarck and that route was changed,” Kaine told Fusion in an interview.
“If it’s changed once, if it’s an important enough project, you ought to be able to find a route that works. So what the Obama administration has done by saying, let’s look at route alternatives, I think is the right thing to do.”
Obama last week told NowThis News that he hopes the Army Corps of Engineers eventually reroutes the $3.8 billion pipeline project.
A tribe in North Dakota has objected to the planned route for the pipeline, saying it threatens cultural sites and drinking water near their land. The project is on hold while the Obama administration reassesses its previous approval process for the pipeline, a review Obama said will “determine whether or not this can be resolved in a way that I think is properly attentive to traditions of the first Americans.”
The Standing Rock Sioux Tribe welcomed the call to move the pipeline, though environmentalists insist Obama should deny it outright. Dakota Access developer Energy Transfer Partners said there has been no discussion about moving the project.
Hillary Clinton’s campaign has not set out a specific position on Dakota Access, making Kaine’s Monday statement the clearest answer yet on what would happen to it should the dispute stretch into Clinton’s administration.
Kaine said he was “optimistic” about a broader Obama review of the permitting process for infrastructure projects near tribal land.
“I know the administration is working very hard on that,” he said.
http://www.thehill.com/policy/energy-environment/304794-kaine-rerouting-nd-pipeline-the-right-thing-to-do
-
Earthquake Rattles Cushing, OK; No Damage Reported to Oil Terminal
Nov 7, 2016 | Natural Gas Intelligence
By Charlie Passut
An earthquake measuring 5.0 on the Richter scale hit near the crude storage and transportation hub of Cushing, OK, on Sunday and spawned at least six aftershocks, but no damage was reported to energy-related infrastructure in the city.
According to U.S. Geological Survey (USGS) data, the 5.0-magnitude earthquake struck 1.2 miles west of Cushing at 7:34 p.m. CST on Sunday, at a depth of 3.1 miles. USGS picked up an aftershock measuring 2.6-magnitude less than an hour later, at 8:23 p.m., centered 1.2 miles north-northwest of Cushing and at a depth of 3.2 miles.
Data from the Oklahoma Geological Survey (OGS) show four additional aftershocks measuring 1.7-2.1 in magnitude struck the Cushing area all within about one hour of the 5.0 earthquake.
Robert Noltensmeyer, emergency manager for the City of Cushing, told NGI's Shale Dailythere was one injury from the earthquake, but it was not serious. He described a scene of broken windows and building facades in the city.
"We've got significant damage downtown," Noltensmeyer said Monday. "We've got a four-square block area cordoned off, and we've got the state insurance commissioner out there. We're doing damage assessment so we can put a game plan together in how we're going to clean it all up."
Oklahoma Corporation Commission (OCC) spokesman Matt Skinner said the commission's Oil and Gas Conservation Division (OCGD) was "working on an action plan to further modify Arbuckle disposal well operations in the area." He said the plan had not yet been finalized.
"The OCC's Pipeline Safety Department reports normal operation has resumed for pipeline operators in the Cushing oil storage terminal under state jurisdiction," Skinner said.
In a separate statement late Monday, Skinner said there were no damages reported at the Cushing oil terminal.
OGS Director Jeremy Boak told NGI's Shale Dailythat seismologists had expected to see larger aftershocks from the 5.0 quake, but they haven't materialized. He added that there have still been no reported aftershocks from the largest earthquake recorded in the state, a 5.8-magnitude temblor that struck on Sept. 3 near Pawnee, OK (see Shale Daily, Sept. 6).
Boak said the fault that caused Sunday's earthquakes and aftershocks in the Cushing area is the same fault responsible for a series of minor quakes that struck the city more than a year ago (see Shale Daily, Oct. 12, 2015). He added that many injection wells in the area were ordered shut in after the temblors in October 2015.
"We should see sometime this afternoon, maybe first thing tomorrow, a response from the OCC," Boak said Monday. "I think there are going to be additional new shut-in wells, more [intake volume] reductions. Others are already shut in. The discussion I heard this morning was that there might have be a larger view -- looking at the fact that if you go out 15 miles from this earthquake you're within 15 miles of the 4.5 [magnitude earthquake] last week [see Shale Daily, Nov. 4].
"You've got three fairly substantial earthquakes in a relatively concentrated area. It would not be surprising if we moved toward the kind of slightly-larger regional action that we saw in the earlier part of this year, where they took a large area in the West and Central parts of the state and put up a specific target for reduction in that area. And that has been achieved."
The OGCD unveiled its Western Regional Reduction Plan, which called for a nearly 500,000 b/d reduction in wastewater injection volumes, in February (see Shale Daily, Feb. 17). It released its Central Oklahoma Volume Reduction Plan, which called for a 300,000 b/d reduction in injection volumes, one month later.
The OGCD began ordering operators to either shut down or curtail intake volumes at injection wells in March 2015, shortly before scientists with the OGS attributed the increase in seismic activity to injection wells targeting the Arbuckle formation, which closely overlies the crystalline basement (see Shale Daily, April 22, 2015; April 2, 2015). The OGS said the disposal of extremely salty water -- a byproduct of oil and gas production, not the mostly freshwater used for hydraulic fracturing -- is responsible for the quakes (see Shale Daily, Jan. 5).
Boak pointed out that while scientists believe there is a link to an increase in induced seismic activity following an increase in wastewater disposal volumes, the obverse is true, too -- that with the decline in injection volumes there has been a corresponding decrease in earthquakes.
"There is equally strong evidence that there is a connection due to the fact that [seismic activity] has gone down when the injections went down," Boak said. "The decline in injection, more than 1 million b/d, produced a decline in seismicity. The attribution of one to the other is equally important in understanding what's going on here."
In a statement Monday, the Center for Biological Diversity (CBD) asked the Interior Department’s Bureau of Land Management to cancel 11 proposed oil and gas leases in Oklahoma, citing the latest earthquake near Cushing.
“We don’t need a major earthquake that claims lives and costs millions in damage to tell us the rapid increase in fracking and wastewater injection in Oklahoma and neighboring states is the cause,” said CBD spokesman Taylor McKinnon. “It’s only a matter of time until these increasing quakes cause catastrophic damage. Alongside the worsening climate crisis, earthquakes are yet another reason that President Obama should end the federal fossil fuel leasing programs now.”
http://www.naturalgasintel.com/articles/108357-earthquake-rattles-cushing-ok-no-damage-reported-to-oil-terminal
-
Int'l Paper Co. Chemical Leak Class Claims Survive Challenge
Nov 8, 2016 | BNA Daily Environment Report
By Steven M. Sellers
International Paper Co. must face nuisance and negligence class claims over a chemical spill at one of its paper mills, the Eastern District of Louisiana ruled Nov. 4 (Bolton v. Int'l Paper Co., 2016 BL 369626, E.D. La., No. 16-cv-13346, 11/4/16).
The ruling kept alive nuisance and negligence claims in a would-be class action brought by landowners, but dismissed a strict liability claim as barred under Louisiana law.
Named plaintiff Jamia Bolton alleges an evaporator at the company's Bogalusa Paper Mill ruptured in 2015, releasing a chemical known as “black liquor” into the air. He says the spill caused the proposed class personal injuries, emotional distress, property damage and environmental harm.
Black liquor is a toxic byproduct of wood residues and inorganic chemicals used to convert wood pulp into paper, according the U.S. Department of Energy.
International Paper contended the dispersal of the diluted chemical didn't pose a risk to human health or the environment, according to the decision. The company moved to dismiss the case, contending the complaint didn't sufficiently state any claim for relief under state law.
Bolton's allegation that the spill “caused a release of a noxious substance into the air” and deprived the mill's neighbors of the right to enjoy their properties was enough to state a negligence and nuisance claim, the U.S. District Court for the Eastern District of Louisiana said.
His strict liability claim, however, was dismissed because a state law limits ultrahazardous activities to pile driving or blasting with explosives, the court said.
U.S District Judge Eldon E. Fallon wrote the opinion.
The law offices of Barry W. Bolton represented Jamia Bolton and other plaintiffs in the case.
Forman Watkins & Krutz represented International Paper Co.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=100114723&vname=dennotallissues&fn=100114723&jd=100114723
-
Outcome of Water Pollution Trial Against BNSF Could Reach Beyond Lakes, Streams
Nov 7, 2016 | Northwest Public Radio
By Emily Schwing
Seven environmental groups want to prove coal being hauled by rail is polluting Washington’s waterways. If they are successful, the outcome could have huge implications for the way trains are regulated going forward.
The case is scheduled to go to trial in Seattle Monday.
Rick Eichstaedt is an attorney who does some of the legal work for Spokane Riverkeeper -- a program run by the Center for Justice that works to protect local waterways. The group is one of seven -- including the Sierra Club -- that have brought a case against Burlington Northern-Sante Fe Railway.
His office is a stone’s throw from the Spokane River to the north. To the south, there are raised railroad tracks that carry controversial coal and oil trains through the heart of the city.
“When I see a coal train, I’m concerned about the impacts it has one our environment,” Eichstaedt said.
A precedent-setting pollution case?
“Coal is mined in the Powder River Basin in Wyoming and as it travels west to depots, along the way some of this coal and coal dust falls into rivers,” Eichstaedt said. “And really this lawsuit is seeking a remedy that would force Burlington Northern to cover these trains so we don’t see coal and coal dust polluting our lakes and rivers anymore.”
Last month, U.S. District Court Judge John Coughenhour agreed with the environmental groups’ argument that BNSF’s trains are “point sources” of coal pollution under the federal Clean Water Act. But the judge also said the plaintiffs have to prove BNSF’s trains are dropping chunks of coal and releasing dust into 75 cited waterways in Washington, along with their tributaries.
BNSF declined to comment on tape “given ongoing litigation.” But in an email statement, Spokeswoman Courtney Wallace said the company is “confident in [its] legal arguments.”
Wallace also said years of testing show the company’s method of spraying surfactant over the coal once cars are loaded is “effectively controlling dust.”
Eichstaedt said the outcome of this case could be precedent setting.
“It may not be a legal precedent per se, but I think it would set a precedent for other communities who are trying to think creatively on how to deal with coal and oil trains going through their community,” he said.
“Thousands of people would die”
That’s exactly why Spokane City Councilman Breean Beggs said he’ll be watching the case closely. He wants to keep coal and oil trains from traveling straight through the heart of Washington’s second largest city.
“The danger to Spokane of an oil train exploding would be so horrendous,” Beggs said. “Thousands of people would die. Estimated at close to $1 billion in property damage.”
Beggs, also an attorney, relied on the Federal Railway Safety Act to pen the language for a proposed ballot initiative that would impose a civil infraction on any person or entity that ships uncontained coal and a certain kind of oil by rail through the city or within 2,000 feet of a school, hospital, or the Spokane River, which also runs through the heart of town.
But according to a non-binding legal review, the initiative would likely be preempted by federal law -- specifically, the Intrastate Commerce Commission Termination Act.
BNSF said in its defense that act also preempts the federal Clean Water Act. But, according to the Act, a conflict with any other federal law has to be resolved in court.
“So, Congress passes different laws and sometimes they might contradict each other,” Beggs said. “And so the question always is which law prevails?”
Beggs believes if the judge rules in favor of the Clean Water Act, it could mean Spokane’s proposal could hold up in court too.
One solution in the case against BNSF would be to cover the trains to keep coal, in all its forms, from entering Washington’s waterways. The outcome might also bring some clarity to who might be able to regulate those trains in the future.
http://nwpr.org/post/outcome-water-pollution-trial-against-bnsf-could-reach-beyond-lakes-streams
-
D.C. Circuit to Hear Ozone Arguments in February
Nov 8, 2016 | BNA Daily Environment Report
By Patrick Ambrosio
Oral arguments over the Environmental Protection Agency's 2015 ozone standards will be heard Feb. 16 before a federal appeals court panel (Murray Energy Corp. v. EPA, D.C. Cir., No. 15-1385, 11/7/16).
Industry organizations, states and environmental advocacy groups are all challenging the 2015 ozone standards, set at 70 parts per billion. Parts of at least 22 states are unlikely to meet that threshold when the EPA makes final decisions on what areas do and don't meet the standards next year, according to a Bloomberg BNA survey of state environmental agencies.
The industry and state petitioners argued in briefs to the court that the ozone standards should be vacated because they are illegally unachievable, while the environmental advocates argued the regulation is not adequately protective of public health and the environment.
Arguments will be heard by a panel of three yet-to-be-named judges. Panel assignments are usually announced about 30 days before the argument date, according to a Nov. 7 court order.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=100114726&vname=dennotallissues&fn=100114726&jd=100114726
-
Parts of 22 States Unlikely to Meet 2015 Ozone Standards
Nov 8, 2016 | BNA Daily Environment Report
By Patrick Ambrosio
Parts of at least 22 states are unlikely to meet the 2015 ozone standards, and that number could grow before decisions on the final list of nonattainment areas are made next year, according to a Bloomberg BNA survey of state environmental agencies.
The areas that won't meet the 70 parts per billion ozone standards range from the I-95 Corridor between Northern Virginia and Connecticut to much of California, with a number of major metropolitan areas in between. Several areas that are home to oil and gas development activity, including parts of Texas, Colorado and Utah, also are unlikely to meet the ozone standards, which could prompt states to consider that sector for needed emissions cuts.
While ozone levels have continued to drop across much to the U.S., states will need assistance from the EPA to address a variety of issues, including interstate pollution that prohibits downwind areas from meeting the ozone standards and pollution from other countries that is transported to the U.S., according to Clint Woods, executive director of the Association of Air Pollution Control Agencies. That organization represents 20 state air pollution control agencies.
“I think every [nonattainment] area is going to be different, but in an overarching way, we've made a ton of progress,” Woods told Bloomberg BNA.
Final Decisions Next October
The Environmental Protection Agency will issue its final area designations, a determination of the areas that do and don't meet the 2015 ozone standards, by Oct. 1, 2017. Those that fail to meet the standards (RIN:2060–AP38) will be labeled as nonattainment areas, which are subject to a variety of pollution control planning requirements, including a stricter permitting process for new industrial facilities.
As part of the designation process, all 50 states were required to submit recommendations for what areas do and don't meet the standards by Oct. 1 of this year. Those recommendations, compiled by Bloomberg BNA throughout October, provide an early look at which parts of the country are headed for a nonattainment designation and how close those areas are to meeting the 70 ppb standards.
The recommendations were based on three years of data collected from 2013 to 2015. The EPA will base its decisions next year on data from 2014 to 2016, which could result in additional areas exceeding the standards depending on how high their ozone levels were this summer.
Most Headed for ‘Marginal’ Status
Not all nonattainment areas will be subject to the same requirements and deadlines for coming into compliance. The EPA will use different classifications based on how close areas are to the 70 ppb standards. That means areas with higher ozone levels will have more time to meet the standards, but will be subject to more mandatory planning and control requirements.
In a proposal posted online Nov. 2, the EPA projected that its proposed thresholds for the nonattainment classifications would result in most areas that fail to meet the ozone standards earning a “marginal” classification. Those areas, which will get three years to come into compliance, will be aided in reducing ozone levels through already-adopted federal and state control programs targeting emissions from vehicles, power plants and the oil and gas industry, the EPA said.
East of the Mississippi River, the New York metropolitan area, which has a three-year average of 84 ppb, is the only area likely to earn a nonattainment classification higher than marginal. West of the Mississippi, several areas are likely headed for a moderate or higher designation, which would trigger additional requirements including the need to prepare a state implementation plan showing how the area will meet the standards and stricter permitting requirements under the New Source Review program for new and modified industrial facilities.
Possible moderate or higher nonattainment areas include Dallas-Fort Worth and Los Angeles.
Oil and Gas Areas Affected
One industry likely to see increased regulatory requirements under the 2015 ozone standards is the oil and gas industry, according to J. Scott Janoe, a partner with Baker Botts LLP. Janoe, based in Houston, has expertise in regulatory compliance for oil and gas exploration and production operations.
“Lowering the standard to capture more of the rural counties where oil and gas development is prevalent will lead to more regulation of those operations,” Janoe told Bloomberg BNA.
Several metropolitan areas with nearby upstream oil and gas operations, including Denver, Dallas-Fort Worth and Houston, are likely to qualify as nonattainment areas when designations are issued next year, according to state recommendations. In addition, Utah's Uinta Basin, an area with thousands of active oil and gas wells, also likely will be placed into nonattainment for the first time due to a unique ozone problem that occurs during the winter months.
Jeremy Nichols, director of the Climate and Energy Program at WildEarth Guardians, told Bloomberg BNA that while ozone is typically an urban problem, heavy oil and gas development has driven up levels of the pollutant throughout the Western U.S.
Nichols highlighted the Denver metropolitan area, which has a three-year average of 80 ppb from 2013 through 2015, as an example of an area where emissions associated with oil and gas development are contributing to the ozone problem. While Denver has been in nonattainment under previous standards, Colorado regulators will have to do even more to come into compliance with the 70 ppb ozone standards, including possible restrictions on oil and gas operations, Nichols said.
“The reality is it's going to require big solutions,” Nichols said. “It's going to be a big lift, and I think it's going to require industry to show restraint.”
More Controls, Tougher Permitting
The EPA issued a set of guidelines in October for reducing oil and gas sector emissions of volatile organic compounds, a precursor to ozone formation. Release of those guidelines starts a two-year clock for states with moderate or more severe ozone nonattainment areas, as well as areas within the Ozone Transport Region in the East, to submit a revised state implementation plan that includes “reasonably available control technology” for upstream oil and gas operations.
Janoe said the emissions control guidelines, which the EPA issued to aid states in developing those plans, are more prescriptive in many instances compared to current state regulations. However, each state will be able to take its own approach to implementing controls on the oil and gas sector, meaning that requirements could vary from state to state, or even from county to county, Janoe said.
Ozone nonattainment designations in oil and gas areas also will make it more difficult to get permits for new operations, according to Kyle Isakower, vice president of regulatory and economic policy at the American Petroleum Institute. The American Petroleum Institute is one of several major trade associations opposed to the EPA's decision to tighten the ozone standards in 2015 and supports legislative proposals that would delay implementation of the standards.
Under the EPA's New Source Review permitting program, in order for a new facility in a nonattainment area to be approved, it must find emissions offsets, typically by obtaining credits from nearby facilities. Difficulty finding those offsets could have a “stifling impact” on oil and gas development in the West, Isakower said.
“In areas like that [the Mountain West], there simply don't exist many places where you can find those offsets,” Isakower told reporters during a Nov. 1 conference call on energy regulations.
Progress Continues in the East
While several areas in the West are well above the 70 ppb ozone standards, data from 2013 to 2015 show that many in the East that have struggled to meet past standards have continued to make progress in lowering ozone levels. Cities such as Philadelphia, Pittsburgh and Baltimore are all just a few parts per billion over the 70 ppb standards.
Baton Rouge, La., which the EPA proposed Nov. 4 to resdesignate as in attainment of the 2008 ozone standards, just barely missed compliance with the 2015 standards. The metropolitan area recorded a three-year average of 71 ppb from 2013 through 2015. That number will likely be 72 ppb once data from 2016 is considered, according to Bryan Johnston, senior environmental scientist with the Louisiana Department of Environmental Quality's Air Permits Division.
Johnston told Bloomberg BNA that while Baton Rouge won't meet the 2015 ozone standards, the area has seen a consistent decline in ozone concentrations. That includes a 25 percent decline over the past 11 years.
“It's not that there is necessarily an ozone problem [in Baton Rouge],” Johnston said. “The bar continues to get lower…we've been able to achieve every standard that EPA has been able to put in front of us.”
Call for Expanded Nonattainment Areas
While compliance with the 2015 ozone standards appears to be within grasp for much of the eastern half of the U.S., state regulators still want to see more done to combat transportation of ozone precursor pollutants from upwind states. States are “way behind” on addressing pollution that comes from other states and affects air quality in downwind areas, according to S. William Becker, executive director of the National Association of Clean Air Agencies. That organization represents 40 state and more than 100 municipal air regulatory agencies.
Becker said it is “disappointing” that the EPA's recent rule to address ozone transport, the Cross-State Update Rule, only focuses on the 2008 standards. The EPA needs to do more, including imposing more stringent federal measures, to address transport, he said.
States like Delaware, New Jersey and Connecticut recommended that the EPA designate larger nonattainment areas under the 2015 standards as a way of addressing pollution from other states that affects their ability to comply with the standards.
Delaware's highest ozone reading is just 2 ppb over the 2015 standards, but that number could go up if emissions reductions aren't implemented and there are unfavorable weather conditions that are conducive to ozone formation, according to Ali Mirzakhalili, director of the Delaware Department of Natural Resources’ Air Quality Division.
“Just because we are this close doesn't mean we're home,” he told Bloomberg BNA.
Delaware recommended that the EPA not only designate the entire state as an ozone nonattainment area, but also include all other states that contribute to Delaware's higher-than-allowed ozone levels, Mirzakhalili said. That would include states like West Virginia that didn't recommend any nonattainment areas. The EPA rejected a similar request from Delaware during the designations process for the 2008 ozone standards.
“I think that's the only way to solve this transport issue and ozone problem,” Mirzakhalili said.
States: We Need EPA's Help
Woods and Becker both indicated that states are eager for assistance from the EPA in addressing different aspects of the ozone standards and preparing for the submission of plans to address ozone transport and implementation in moderate and serious nonattainment areas.
Becker said the EPA needs to “do its fair share” by developing appropriate federal regulations, providing sufficient resources to states to carry out their responsibilities and offering technical assistance and guidance that will help states comply.
“If EPA performs those tasks quickly and responsibly, it makes it far easier for state and local agencies to meet their obligations,” Becker said.
One Western source with expertise in air quality told Bloomberg BNA more regional analysis on ozone issues is needed in the West. More resources are needed to conduct the type of analysis that has been done to understand issues in the eastern half of the country, according to the source.
EPA Touts Collaboration
The EPA, in a Nov. 2 e-mail, told Bloomberg BNA that the agency has a “long history” of working with states to implement the ozone standards. The agency noted that the “vast majority” of states with potential nonattainment areas under the 2015 standards have experience in implementing prior ozone standards.
Some “new” nonattainment areas are possible under the 2015 standards, including Yuma, Ariz., the Wasatch Front in Utah and Bexar County in Texas, which includes San Antonio. However, all three of those states have some experience with implementing ozone standards, including Utah, which had nonattainment areas under the 1979 one-hour ozone standard in the early 1990s.
The EPA said it is developing a number of technical documents designed to aid states in implementing the ozone standards, including updated modeling guidance for demonstrating attainment with the ozone standards, due out in early 2017.
The agency also promised staterfere with the ability of downwind areas to attain and maintain national air standards. Those plans, due in 2018, may result in emissions reductions that will help downwind areas meet their deadline for complying with the standards, the agency said.
2016 Data Won't Affect Much
State agencies told Bloomberg BNA that while 2016 monitoring results are not yet certified, data from this past summer isn't expected to alter the attainment status of most areas.
However, at least a few areas could see their status change depending on this year's results.
For example, the Texas Council on Environmental Quality told Bloomberg BNA in an e-mail that most counties in that state saw their ozone levels fall through the first nine months of the year. That could alter the attainment status of Hood County, which was included in the Texas's recommended nonattainment areas, but had a preliminary design value of 69 ppb through Oct. 11.
When asked if any additional areas were at risk of being labeled as nonattainment based on early 2016 data, the Michigan Department of Environmental Quality identified Schoolcraft County, which is located in the state's Upper Peninsula near the Canadian Border.
At Least Two More States At Risk
While only 22 states recommended nonattainment areas to the EPA, at least two more states may see areas within their borders designated as nonattainment next year.
All monitors in the state of Indiana are expected to meet the 70 ppb ozone standards, but parts of the state could possibly be labeled as in nonattainment due to ozone levels in neighboring states, Indiana Department of Environmental Management spokesman Barry Sneed told Bloomberg BNA in an e-mail. That includes areas near Cincinnati and Chicago, both of which are unlikely to meet the standards.
Wisconsin Gov. Scott Walker (R) recommended that all parts of the state be designated as attainment under the 2015 standards, citing a positive trend in air quality and the continued effort the state is making to comply with the 1997 and 2008 ozone standards. However, Wisconsin Department of Natural Resources spokesman Andrew Savagian told Bloomberg BNA in an e-mail that air quality monitors in seven counties are exceeding 70 ppb based on preliminary 2016 data.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=100114707&vname=dennotallissues&fn=100114707&jd=100114707
-
Environmentalists Say Trump EPA Would Prolong CWA Jurisdiction Fight
Nov 7, 2016 | Inside EPA
By Bridget DiCosmo
Environmentalists say that if Republican presidential candidate Donald Trump wins the Nov. 8 election it would guarantee a prolonged fight over the already contentious issue of Clean Water Act (CWA) jurisdiction, because a Trump EPA would likely scrap the Obama EPA's CWA rule and restart the process of defining the law's reach.
For other environmental issues, however, observers say that a Trump EPA would likely have less power to overhaul or pare back programs due to statutory deadlines. For example, the bipartisan revised Toxic Substances Control Act (TSCA) imposes a slew of deadlines for new EPA toxics rulemakings, and while a Trump EPA could ignore those, advocates or others could file lawsuits asking federal courts to force the agency to issue the rules.
“There are deadlines that Trump could elect to not meet, but they are clearly laid out by Congress,” meaning failure to meet a deadline could trigger litigation, one environmentalist says of any delay tactics.
Democratic presidential candidate Hillary Clinton has largely endorsed the Obama EPA's rulemakings, and a Clinton administration would be expected to defend the CWA rule in pending lawsuits.
On the campaign trail, Trump has called for eliminating EPA but more recently appeared to soften that suggestionand instead vowed to scrap some controversial rules, including the agency's greenhouse gas standards for existing power plants, as well as the 2015 rule aimed at resolving the CWA's reach.
EPA and the Army Corps of Engineers issued the rule to clarify which waters are protected under the CWA following confusion from competing jurisdiction tests in a 2001 Supreme Court ruling, Solid Waste Agency of Northern Cook County (SWANCC) v. Army Corps of Engineers and a 2006 ruling, Rapanos v. United States.
Supporters say it helps resolve uncertainty over the law's reach, but GOP lawmakers, industry groups and some states have said it extends the CWA's scope far beyond what Congress intended. Critics filed a number of suits over the rule, and a case in the U.S. Court of Appeals for the 6th Circuit is in the merits briefing stage.
The Obama Department of Justice is currently defending EPA and the Corps in the suit, Murray Energy, et al., v. EPA, et al. While the suit is pending, a stay is in place blocking the rule's implementation, meaning that the administration is currently using George W. Bush EPA guidance on CWA jurisdiction.
Further complicating matters, petitions are currently pending with the Supreme Court that are challenging the divided 6th Circuit ruling that gave the court power to hear suits over the regulation.
Regulatory 'Disaster'
A Trump administration would likely decide to stop defending the CWA rule in the 6th Circuit case, advocates argue, and instead scrap the regulation and start anew in trying to defend the law's reach.
Trump in December at a campaign event in Aiken, SC, criticized the rule, Mother Jones reported, saying, “So I build, and I build a lot of stuff. And I go into areas where they have tremendous water. . . . And you have sinks where the water doesn't come out. You have showers where I can't wash my hair properly. It's a disaster.”
In addition, a League of Conservation (LCV) voters fact sheet on both candidates, updated Oct. 5, notes that Trump has twice stated that he would abolish the CWA rule.
In a Sept. 22 speech to the Economic Club of New York, Trump said he would propose a moratorium on new federal rules not compelled by Congress or public safety, including “eliminating some of our most intrusive regulations, like the Waters of the U.S. Rule,” which is how some stakeholders refer to the regulation.
And in a speech in May to the North Dakota Petroleum Council, he said he would “rescind all the job-destroying Obama executive actions including the Climate Action Plan and the Waters of the U.S. rule.”
A second environmentalist says that given that Trump has gone on record denouncing the rule and stating his intent to scrap it if elected, “I would imagine he would direct EPA to fold rather than defend the rule,” and would elect to not implement the rule even if the 6th Circuit upholds it and it survives an expected Supreme Court appeal.
“We just cannot afford to keep fighting this battle over the jurisdiction rule,” the source says, not only because scrapping the rule would leave some waters not subject to the federal water law but “because there are so many other things EPA needs to be doing on water” beyond focusing on the law's reach.
EPA has used extensive resources to promulgate and now defend the regulation, issued in 2015, the source says, taking away from agency resources and focus on other key water issues, including nutrient pollution and lead in drinking water. “It took nearly a decade to re-establish jurisdiction,” the source adds.
The first environmentalist says it is important to stop “re-litigation and fighting the same battles” and move forward, particularity given water infrastructure issues and the Flint, MI, drinking water crisis.
Clinton's Position
The LCV fact sheet says that Clinton does not appear to have made any public statements on the CWA rule, though environmentalists say she would defend and implement the regulation if upheld by courts.
“I don't see this rule as a high priority for Clinton but she would certainly continue to defend it,” one legal observer says, noting that the rule might actually be a greater focus for Trump, given that he has made a “point of attacking it and it's been a big GOP talking point with rural voters.”
http://insideepa.com/daily-news/environmentalists-say-trump-epa-would-prolong-cwa-jurisdiction-fight
-
The Battle over Washington State’s Proposed Carbon Tax Has Gotten Even Weirder
Nov 7, 2016 | Washington Post
By Chelsea Harvey
A carbon tax proposal in Washington state, scheduled for the ballot on Tuesday, has been drawing national attention for weeks as a result of the unexpected controversy it’s inspired among environmental groups, many of whom have outright opposed the initiative. And in the final days leading up to the vote, new voices have continued to join the fray, including influential players on all sides of the climate change conversation.
New reports from the state’s Public Disclosure Commission reveal that several prominent national fossil fuel interests have recently donated to the “No on 732“ campaign, an effort organized by the Association of Washington Business in opposition to what is known as Initiative 732. Just last Thursday, Koch Industries contributed $50,000 to the campaign. And American Fuel & Petrochemical Manufacturers contributed $250,000 at the end of October, making the organization the second largest donor behind Kaiser Aluminum.
Also last week, economic justice organization Rebuild the Dream, founded by former White House adviser and current CNN commentator Van Jones, released two Facebook ads — reportedly at a cost of $10,000 — urging Washington citizens to vote against the initiative. This is in addition to the many social and environmental justice organizations in the state, including OneAmerica, Green for All, Front and Centered and the Washington chapter of Sierra Club, that have already spoken out against I-732, citing concerns that the proposal fails to directly reinvest in disadvantaged communities and clean energy infrastructure.
The result is a rare moment in which climate activists and members of the fossil fuel industry have aligned in opposition to a climate-oriented policy. It’s a development that has “twisted the usual alliances,” said Yoram Bauman, the environmental economist who first spearheaded the effort behind Initiative 732 on the Washington ballot.
However, Vien Truong, director of environmental justice initiative Green for All, noted by email that a diverse set of organizations and leaders oppose I-732. She suggested that proponents of I-732 “crafted this initiative in hopes of courting conservative and corporate support.”
For many of the opposing environmental groups, the issue boils down to the revenue generated by the tax — and what’s going to be done with it. I-732 proposes a revenue neutral carbon tax, in which additional income to Washington’s coffers from the tax would be offset by a cut in the state’s sales tax. Tax revenue would also be used to fund Washington’s Working Families Tax Rebate, which would provide up to $1,500 annually to hundreds of thousands of low-income families in the state.
However, despite endorsements from dozens of climate scientists, as well as economists and politicians across the political spectrum, many of the opposing environmental groups have called instead for a proposal that would redirect its revenue back into specific programs such as affordable housing, improved public transportation or free solar for working families. Cutting the sales tax and funding the Working Families Rebate, according to Truong, does not go far enough.
Proponents of I-732 “proposed these changes to mitigate future negative problems caused by the initiative; it does nothing to address the many environmental and economic problems that currently exist in low income areas and for working families,” she said in an email. She and other local opponents of the initiative, as well as Van Jones, also expressed these concerns during a teleconference last week.
“A proposal can only be environmentally sustainable if it’s politically sustainable,” Jones said during the teleconference.
But of course, the point of the policy is to tax carbon and thus reduce emissions, not to address a far broader social agenda in the state, note I-732 supporters. And a revenue neutral carbon tax is also designed to appeal to political conservatives by deliberately not increasing the size of government. It wasn’t realized, perhaps until the Washington State battle, that such a move could win the center but also lose the left.
Economists have generally argued that the purpose of carbon pricing is to allow the market to drive down greenhouse gas emissions on its own. “The beauty of a carbon tax is that…it changes behavior and investments, but at the same time it returns the money back to households and businesses and it doesn’t distort economic activity,” said Werner Antweiler, a professor in the University of British Columbia’s Sauder School of Business.
Antweiler has studied the impact of British Columbia’s carbon tax, which economists have widely hailed as a prime example of a successful carbon pricing scheme. Some have pointed to the revenue-neutral B.C. tax as a potential indicator of I-732’s future success, should it come to pass. However, in another unexpected development, some environmental groups have also begun to question the B.C. tax’s effectiveness.
A recent report from environmental and consumer rights group Food & Water Watch suggests that the B.C. tax has not actually been effective at reducing emissions from taxed sources.
“This data from British Columbia, where a carbon tax has been in place for the better part of a decade, is not inspiring,” said Julia DeGraw, Northwest senior organizer for Food & Water Watch, in a recent statement. “There is no compelling reason to believe that a carbon tax would work to reduce emissions in Washington either.”
However, this suggestion is at odds with the conclusions drawn by most other reports on the B.C. carbon tax. Antweiler suggests that the report has failed to take several crucial factors into account, including recent population growth in British Columbia and the time it takes for citizens to make the energy- and carbon-saving investments that demonstrate a carbon tax’s full impact.
“I think [I-732] would be successful in Washington State, if it passes,” said Gregory Mankiw, a Harvard economist who chaired as George W. Bush’s Council of Economic Advisers from 2003 to 2005. “And I’m hopeful that it would become a model for other states, and indeed nationwide. And indeed it really should be worldwide. …I think this kind of thing is really the model for where climate policy needs to go in the coming years.”
In the meantime, the polls reflect the ever-rising tension over I-732 as the vote approaches. Some of the most recent poll results, released Oct. 27, indicated that 36 percent of voters were certain they would vote for the tax, while 35 percent were certain they would vote against it. Another 15 percent leaned toward voting yes, while 9 percent leaned toward voting no, and 4 percent planned to skip it altogether.
“We feel like we have a shot at it,” Bauman said. “There’s still a lot of undecided voters. I think we’ve had a hard time breaking through the noise of the presidential campaign. But the more people hear about our policy, the more they like it.”
https://www.washingtonpost.com/news/energy-environment/wp/2016/11/07/the-bizarre-political-fight-over-washington-states-ballot-measure-to-tax-carbon/
-
List for EPA Chief Short Under Clinton; Trump List Unclear
Nov 8, 2016 | BNA Daily Environment Report
By Brian Dabbs
A Yale professor and a leader of California's ambitious air policy agenda are topping the short list for Environmental Protection Agency administrator under a potential Hillary Clinton presidency.
Dan Esty, a Yale University environmental expert who most recently served in a public office as Connecticut's top environmental regulator, and Mary Nichols, chief of the California Air Resources Board for going on 10 years now, are the most likely choices should Clinton prevail Nov. 8, veteran, bipartisan policy makers and environmental lawyers told Bloomberg BNA in interviews.
Nearly all those veterans caveated their discussion of the personnel prospects tied to an EPA overhaul in a Donald Trump administration, arguing the real estate mogul's calls for revamping the agency have alienated environmental stalwarts on both sides of the aisle.
Clinton maintains a wide but shallow lead, and her road map to 270 electoral votes is far safer and more reliable, according to poll aggregations. Trump, however, is gunning for upsets in the traditional Democrat firewall, barnstorming Michigan, Minnesota and Nevada along with a range of other tight states in recent days.
Trump Short List Elusive
The Trump campaign tapped Myron Ebell, an environment specialist and staunch climate change policy detractor with the Competitive Enterprise Institute, to lead the EPA transition in recent weeks. Still, only a few names are being floated for the top job.
Ebell declined to comment, and a Trump campaign spokeswoman didn't respond to a Bloomberg BNA inquiry.
Trump continues to garner headlines over the past several months with his pledge to dismantle the EPA, calling the agency the “laughingstock of the world” and vowing to discard the Paris Climate Change accord. The anticipated follow-through, however, remains unclear, according to some experts.
“I think you need to take some of that with a grain of salt just because that kind of change could only be done with legislation,” Jeff Holmstead, a former head of the EPA's air office under the George W. Bush administration, told Bloomberg BNA.
Holmstead pointed to campaign staffer Mike Catanzaro, who held a top spot in the EPA under the George W. Bush administration, Andy Wheeler, an EPA official under the administration of former President Bill Clinton.
Despite those proven hats in the ring, the Trump environment personnel orbit is severely limited, Alexandra Dunn, executive director at the Environmental Council of the States, a non-partisan association of state and territorial environmental commissioners, told Bloomberg BNA.
“Republican leaders in the environmental field to my knowledge aren't working with the Trump campaign,” she said. “It's ambiguous who might want to lead if the directive is to really undermine the administration.”
Clinton Speculation More ‘Linear’
A Clinton EPA is far easier to predict, and she'll likely mine traditional recruiting pools for top agency slots, officials told Bloomberg BNA. A broad range of long-time political and policy leaders are leading the Clinton environment transition team, including Jennifer Granholm, the former Michigan governor, and former EPA Administrator Carol Browner.
“Under a Clinton administration, there are healthy rumors,” said Dunn. “Certainly there's been more discussion about what might happen under a Clinton administration than a Trump administration.”
Dunn said Nichols is the arguable frontrunner, and several other veterans said Nichols is near the top of the list, if not the odds-on favorite.
Climate policy is likely to remain the centerpiece of a Clinton administration, and Nichols is steeped in empirical experience having shepherded through implementation of California's landmark climate change statute, which aims to dramatically decrease greenhouse gas emissions in the state.
All those interviewed said Clinton would likely perpetuate and advance the Obama Administration's environment agenda. That platform is currently bogged down by ongoing litigation over the Clean Power Plan (RIN:2060-AR33), which sets greenhouse gas standards for existing power plants.
California v. Washington, D.C
Nichols led the EPA's federal air office under the Bill Clinton Administration, giving her first-hand experience of federal policy-making. Her staff declined to comment to Bloomberg BNA for this article.
Despite boasting advocacy experience and a successful track record, many veterans said she may simply be opposed to returning to a confrontational D.C. political environment.
“She has a pretty big job in California,” said Holmstead. “Doing the type of things in Washington that she has been doing in California would be virtually impossible. She has a lot more influence there and a lot of people look to California as a leader in environmental policy.”
The California legislature is far more amenable to Nichols’ agenda than the broader American public and their representatives would be, Holmstead said. Meanwhile, current EPA Administrator Gina McCarthy has come under constant fire from Republicans lawmakers in Washington, as well as industry and state representatives. The Senate confirmed McCarthy in 2013, following a four-and-a-half month nomination battle.
Jim Aidala, the former Bill Clinton assistant administrator for the pesticides and chemicals office, also questioned the incentives for Nichols.
“California is the world's tenth biggest economy,” he told Bloomberg BNA. “Is it really a step up to go to Washington?”
A New England Repeat?
Esty has no shortage of support for the top selection either, according to a broad range of interviews.
The Yale professor and former Connecticut Department of Energy and Environmental Protection commissioner is close to the Clinton campaign, several of those interviewed said. In Connecticut, Esty spearheaded clean energy initiatives, creating an unprecedented green energy financing framework. Esty served federal EPA roles in the Reagan and Clinton administrations.
He also declined to comment to Bloomberg BNA.
McCarthy, however, served as Connecticut environment chief from 2004 to 2009. That may deter the Clinton administration from tapping Esty, Dunn said.
“The question might be about whether you'd want a perspective from another state considering the current administrator also hailed from Connecticut,” she said. “He's extremely qualified and extremely knowledgeable, but he comes from the same geographic perspective.” Dunn also said a Clinton Administration would likely target racial and gender diversity throughout her cabinet.
Other potentials include: Katie McGinty, who is aiming to capture a Pennsylvania Senate seat from Pat Toomey (R-Pa.); Bob Sussman, who served as EPA transition team member and senior policy adviser for the Obama Administration; and Bob Perciasepe, former EPA Deputy Administrator and water chief.
Short lists, however, are often wrong, Jeff Porter, a Boston-based attorney with Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., told Blooomberg BNA.
“Generally you don't want to be on the short list because that means you won't get the job,” said Porter. “The names you hear about don't get the jobs after the election. And this season is so volatile.”
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=100114735&vname=dennotallissues&fn=100114735&jd=100114735
-
UN Climate Talks Seek to Build on Paris Summit Progress
Nov 8, 2016 | BNA Daily Environment Report
By Eric J. Lyman
The Marrakech Climate Change Conference got started Nov. 7 with repeated calls to build on the momentum from last year's Paris summit and the recent entry into force of the resulting Paris Agreement, the world's first global climate pact.
Patricia Espinosa, the United Nations’ top climate change official, implored delegates from nearly 200 countries to “work together with speed” and “scale up efforts on all fronts.”
Salaheddine Mezouar, Morocco's Minister of Foreign Affairs who is doubling as the president of the 22nd Conference of the Parties talks, vowed to make the so-called COP-22 talks a “COP of action, not words.”
On Nov. 7, the number of countries that had officially notified the UN that they had ratified or otherwise approved the Paris Agreement reached 100, a symbolic milestone. Those countries now represent nearly 70 percent of worldwide greenhouse gas emissions. The key threshold of at least 55 countries representing at least 55 percent of emissions was reached Oct. 5, resulting in the agreement entering into force 30 days later, on Nov. 4.
With the agreement's entry into force, work now turns toward finalizing the Paris Agreement “rulebook,” the set of agreements that will determine how the pact will be implemented.
Key Areas
Espinosa said she would like to see five key areas addressed in the first week of the two-week talks:
1. Finance to help poor countries adapt to climate change and make their economies more resilient. Delegates will work to identify funding sources to raise at least $100 billion per year by 2020.
2. A push to have national plans for climate action integrated into domestic policies.
3. Increased emphasis on efforts to help countries adapt to climate change and to make progress on the “loss and damage” mechanism that would compensate poor countries for damage related to climate change.
4. Efforts to help poor countries develop in environmentally friendly ways, while making them more able to withstand climate impacts.
5. Increasing the involvement of “non-party stakeholders,” a reference to environmental groups, academic organizations, the private sector, and other observers.
“Our work here in Marrakech must reflect our new reality,” Espinosa said. “No politician or citizen, no business manager or investor, can doubt that the transformation to a low-emission, resilient society and economy is the singular determination of the community of nations.”U.S. Elections
Much of the informal conversations in Marrakech centered on the U.S. elections, where Republican presidential nominee Donald Trump has said he would “cancel” the Paris Agreement if elected Nov. 8.
Democratic rival Hillary Clinton has said she would honor the Paris Agreement commitments made by the U.S.
But the conference's leadership brushed aside those concerns and said the process would move forward regardless of the outcome of the U.S. election.
We should not over-emphasize the importance of Donald Trump,” said Laurence Tubiana, France's climate change ambassador. “I would be shocked if Donald Trump [won]. But if that happens, we would still see everyone wake up Wednesday morning and say, ‘We stick with the Paris Agreement.’”
The high-level segment of the Marrakech talks begin 11, the opening of the first Conference of the Parties Serving as the Meeting of the Parties to the Paris Agreement.
That is the negotiating track for the Paris Agreement, but its rules only allow countries that have deposited their instruments of ratification or approval with the UN to participate. That would leave nearly half of the 197 signatories to the Paris Agreement on the sidelines for this portion of the Marrakech meetings.
2018
Because of that, the negotiating track for the Paris Agreement is likely to be opened, but then quickly suspended.
But the political question is how long it will be suspended: Many developing countries want it re-opened at COP-23 in 2017, when many more countries would have formally ratified.
Some industrialized countries are pushing for it to be re-opened in 2018, which is coming into focus as a key year in climate negotiations process.
Re-opening the talks next year might still leave some countries out, but it would also allow for more negotiating time before 2018, which is shaping up to be the next key year in climate negotiations.
That year will see the release of the Inter-governmental Panel on Climate Change special report to look into pathways to keeping worldwide global warming to within 1.5 and 2 degrees Celsius (2.7 and 3.6 degrees Fahrenheit, respectively).
The “facilitative dialogue” aimed at pressuring countries to take on more ambitious targets to confront climate change will take place that year.
http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=100114728&vname=dennotallissues&fn=100114728&jd=100114728
Industry and Association News
LCSA News - There are no clips to report at this time.
Chemical Management News
Energy News
Chemical Security News
Transportation News
Environment News
Add recipients
Suggested