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ACC AM 24/10/18
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(ACC Mentioned) Realtors, California Utility Top Third-Quarter Lobby Spending
Oct 23, 2018 | BNA Daily Environment Report
By Jorge Uquillas
The trade group representing realtors topped associations in lobbying expenditures in the third quarter of 2018 with a full Capitol Hill agenda ranging from the National Flood Insurance Program extension to the renewal of the Water Resources Development Act. -
(ACC Mentioned) Brownstein Closes In on Akin Gump in Revenue Rankings
Oct 24, 2018 | Politico, PoliticoPro
By Theodoric Meyer
Here are your Lobbying Disclosure Act revenue rankings for the third quarter of 2018: -
(ACC Mentioned) WRDA Together
Oct 24, 2018 | PoliticoPro
By David Beavers and Maya Parthasarathy
WRDA TOGETHER: America's Water Infrastructure Act, signed into law by President Donald Trump today, is a win for both rural and urban Americans, Sens. John Barrasso (R-Wyo.) and Tom Carper (D-Del.) said in a rare bipartisan op-ed in USA Today. -
Trump Says He May Make Wheeler Permanent EPA Chief
Oct 24, 2018 | BNA Daily Environment Report
By David Schultz
President Donald Trump might be moving toward making Andrew Wheeler the permanent head of the EPA, the president indicated during off-the-cuff remarks at an Oct. 23 White House event. -
EPA Cites IRIS Study to Ease Portland Harbor Cleanup
Oct 23, 2018 | Inside EPA
EPA is proposing to ease stringent sediment cleanup levels at the costly Portland Harbor Superfund site in Portland, OR, prompted by an updated Integrated Risk Information System (IRIS) assessment that weakened estimated cancer risks for benzo(a)pyrene (BaP), a key contaminant at the site. -
Behind Bayer’s Tough Defense of Roundup
Oct 24, 2018 | Wall Street Journal
By Sara Randazzo, Jacob Bunge and Ruth Bender
Bayer AG’s BAYRY -8.64% $63 billion acquisition of Monsanto Co. this year made the German drug and chemicals company the world’s biggest supplier of crop seeds and pesticides—and brought it thousands of lawsuits alleging Monsanto’s Roundup herbicide causes cancer. -
Industry Groups Tell Echa: Reconsider SVHCs Database
Oct 24, 2018 | Chemical Watch
By Leigh Stringer
A group of European trade associations are calling on Echa to reconsider its plans to develop a database for candidate list substances in articles. Instead they want there to be encouragement to invest in recycling technologies. -
Kinder Morgan Loses Bid to Bar Benzene Exposure Expert
Oct 23, 2018 | BNA Daily Environment Report
By Steven M. Sellers
A Utah man’s cancer case against Kinder Morgan Altamont LLC will include expert witness testimony that his illness was caused by exposure to benzene from a company facility, a federal court in Utah ruled. -
Chevron, Md. Beat D.C. Residents’ Claims of Ongoing Gasoline Leak
Oct 23, 2018 | BNA Daily Environment Report
By Peter Hayes
Chevron Corp . and the state of Maryland won dismissal of claims that a 30-year-old gasoline leak continues to contaminate a Washington, D.C., neighborhood. -
‘Frack Master’ Faces $23.8M Penalty, Prison for Securities Fraud (1)
Oct 23, 2018 | BNA Daily Environment Report
By Jennifer Bennett
A self-proclaimed “Frack Master” whose ill-gotten oil industry gains helped fund an Aston Martin, a Bentley and a Mercedes Benz, was sentenced to 12 years in prison and will pay $23.8 million in SEC disgorgement. -
Army Corp Pulls More Permits for Mountain Valley Pipeline
Oct 23, 2018 | PoliticoPro - Whiteboard
By Ben LeFebvre
The Army Corps of Engineers last week withdrew water crossing permits in Wetzel County, W.Va., for the Mountain Valley Pipeline Project, a company spokeswoman said today. -
(ACC Mentioned) Fix Anti-Terror Chemical Program or Let It Expire: GOP Senators
Oct 23, 2018 | BNA Daily Environment Report
By Sam Pearson
Congress should either let a federal chemical security program expire or pass legislation to make compliance easier, GOP senators said Oct. 23. -
Chemical Safety Board Narrowing Scope of Advice After Accidents (1)
Oct 24, 2018 | BNA Daily Environment Report
By Sam Pearson
Investigators at a small federal agency that examine major industrial disasters are focusing on the most relevant safety recommendations—a change from past practice, an agency official said Oct. 23. -
EPA Can Beat Court Review on Chemical Plant Rollback: Official
Oct 23, 2018 | BNA Daily Environment Report
By Sam Pearson
Trump administration regulators are working harder to make sure changes to Obama-era chemical facility safety rules hold up in court, the top EPA political official overseeing the effort said Oct. 23. -
New York Coke Plant Shuttered After History of Violations
Oct 24, 2018 | BNA Daily Environment Report
By Gerald B. Silverman
A western New York coke manufacturing plant with a history of environment and safety violations shut down under the supervision of state and federal environmental officials. -
Burger Smoke on the Menu in California’s Air Pollution Fight
Oct 23, 2018 | BNA Daily Environment Report
By Emily C. Dooley
That juicy, charbroiled burger you just ordered might be doing more than adding inches to your waistline. In California, flame-kissed beef patties are also fouling the air and the state is cracking down on pollution from restaurant grills. -
New York Port Authority May Sign on to Climate Deal Trump Dashed
Oct 23, 2018 | BNA Daily Environment Report
By Danielle Moran and Eric Roston
More than a year after President Donald Trump vowed to withdraw the U.S. from the Paris agreement on climate change, one of America’s busiest transportation systems may sign on. -
Chao: House Democrats Want to Fund Infrastructure Bill with Carbon Tax
Oct 24, 2018 | PoliticoPro - Whiteboard
By Sam Mintz
Transportation Secretary Elaine Chao suggested today that Democrats in the House want to link a carbon tax to an infrastructure bill being developed, but Democratic staff quickly threw cold water on the idea. -
EPA Further Narrows Guidance On 'Common Control' Of Facilities For NSR
Oct 23, 2018 | Inside EPA
By Stuart Parker
EPA is refining its guidance on when industrial facilities can be considered under “common control” and hence treated as one source for air permitting purposes, further narrowing the definition of control in a letter to Wisconsin air regulators to emphasize the overall “control” of one facility over another rather than a facility's polluting activities. -
EPA Downplays Impact Of Rulings Undoing Stays On CWA Standard Delay
Oct 23, 2018 | Inside EPA
By David LaRoss
EPA is downplaying the impact of recent court rulings overturning stays of Obama-era rules on environmentalists' challenges to the agency's delay of the 2015 Clean Water Act (CWA) jurisdiction standard, arguing in a new defense of the delay that courts should give the agency broad authority to reconsider and set aside past rules under the water law. -
Kids' Climate Trial Might Be Dead. Here's What It Means
Oct 24, 2018 | E&E Climatewire
By Benjamin Hulac
There's been a flurry of activity in the lead-up to the trial in a landmark climate lawsuit brought by a group of young people against the federal government.
Industry and Association News
LCSA News - There are no clips to report at this time.
Chemical Management News
Energy News
Chemical Security News
Transportation and Infrastructure News - There are no clips to report at this time.
Environment News
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(ACC Mentioned) Realtors, California Utility Top Third-Quarter Lobby Spending
Oct 23, 2018 | BNA Daily Environment Report
By Jorge Uquillas
The trade group representing realtors topped associations in lobbying expenditures in the third quarter of 2018 with a full Capitol Hill agenda ranging from the National Flood Insurance Program extension to the renewal of the Water Resources Development Act.
Leading the list of top corporate lobbying spenders for the same three-month period was Pacific Gas and Electric, whose list of needs included seeking help from appropriators for damage caused by California wildfires.
The top 20 corporate lobbying spenders increased spending by about 11 percent in the third quarter of 2018 over the second quarter and association spending increased more than 16 percent over the same time period, according to lobbying disclosure forms. The deadline for the filing of third quarter disclosures was at the end of Monday.
The lobbying firms with the highest revenue earned about 1.2 percent less in the third quarter compared with the previous three month period. However, a number of top firms still did better than comparable period in 2017 as they were kept busy over the summer because President Donald Trump and Senate truncated their vacations.
Lobbyists Profit from Trump, Senate’s Shortened Summer Break
The tables below highlight some of the initial findings of Bloomberg Government’s analysis.
Top FirmsThe 20 largest firms reported $94.5 million in third-quarter revenue, a 1.2 percent decline from the previous three-month period. Twelve firms had declines in revenue, with four firms showing double-digit decreases. Two firms, Brownstein Hyatt Farber Schreck LLP and American Continental Group Inc., had double-digit revenue increases from the previous quarter, each increasing by 14 percent.
Top CompaniesThe 15 top-spending associations reported paying out an additional $6.4 million, or 10.6 percent, in the first quarter. Two companies, PG&E Corp. and Marathon Petroleum Corp., account for most of the quarterly spending increase.
PG&E more than doubled its spending as it lobbied on issues related to the wildfires that ravaged California in 2017. Marathon Petroleum Corp.'s spending boost reflects the ten-fold increase in spending by Andeavor, the company Marathon merged with in October.
Top AssociationsThe National Association of Realtors was the top-spending association in the third quarter, as lobbying expenditures increased by $12.2 million from the second quarter to $26.4 million. Six other association had double-digit increases in spending reported for lobbying activity from July through September.
What’s NextThird-quarter activity for every registered lobbying firm and client will be available on Bloomberg Government’s lobbying intelligence home page later this week, followed by updates to the resources available on the lobbying tools home page.
https://news.bloombergenvironment.com/environment-and-energy/realtors-california-utility-top-third-quarter-lobby-spending
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(ACC Mentioned) Brownstein Closes In on Akin Gump in Revenue Rankings
Oct 24, 2018 | Politico, PoliticoPro
By Theodoric Meyer
Here are your Lobbying Disclosure Act revenue rankings for the third quarter of 2018:
TOP FIRMS
1. Akin Gump Strauss Hauer & Feld: $8.9 million (versus $9 million in Q2 2018 and $9.7 million in Q3 2017)
2. Brownstein Hyatt Farber Schreck: $8.2 million (versus $7.2 million in Q2 2018 and $7.2 million in Q3 2017)
3. BGR Group: $6.7 million (versus $6.8 million in Q2 2018 and $6.1 million in Q3 2017)
4. Squire Patton Boggs: $6.1 million (versus $6.3 million in Q2 2018 and $6.1 million in Q3 2017)
5. Holland & Knight: $6 million (versus $6.5 million in Q2 2018 and $5.6 million in Q3 2017)
6. Cornerstone Government Affairs: $5.4 million (versus $5.3 million in Q2 2018 and $4.8 million in Q3 2017)
7. Ballard Partners: $5 million (versus $4.6 million in Q2 2018 and $2.8 million in Q3 2017)
8. K&L Gates: $4.9 million (versus $4.8 million in Q2 2018 and $4.2 million in Q3 2017)
9. Capitol Counsel: $4.4 million (versus $4.5 million in Q2 2018 and $4.8 million in Q3 2017)
10. Van Scoyoc Associates: $4.3 million (versus $4.9 million in Q2 2018 and $4.2 million in Q3 2018)
11. Covington & Burling: $4 million (versus $4.7 million in Q2 2018 and $4.4 million in Q2 2017)
12. Mehlman Castagnetti Rosen & Thomas: $3.8 million (versus $3.9 million in Q2 2018 and $3.9 million in Q3 2018)
13. Cassidy & Associates: $3.7 million (versus $3.7 million in Q2 2018 and $3.7 million in Q3 2018)
14. Williams & Jensen: $3.7 million (versus $4.5 million in Q2 2018 and $4.1 million in Q3 2017)
15. Peck Madigan Jones: $3.6 million* (versus $3.5 million* in Q2 2018 and $3.6 million* in Q3 2017)
16. Hogan Lovells: $3.6 million* (versus $4 million in Q2 2018 and $2.8 million* in Q3 2017)
17. Capitol Tax Partners: $3.5 million* (versus $3.7 million* in Q2 2018 and $3.7 million* in Q3 2017)
18. American Continental Group: $3.5 million* (versus $2.9 million* in Q2 2018 and $3.6 million* in Q3 2017)
19. Invariant: $3.4 million (versus $3.2 million in Q2 2018 and $2.9 million in Q3 2017)
20. Forbes Tate Partners: $3.3 million (versus $3.2 million in Q2 2018 and $2.7 million in Q3 2017)*Estimated based on Senate disclosure filings. All other numbers have been verified with the firms.
TOP SPENDERS
1. National Association of Realtors: $26.4 million (versus $14.2 million in Q2 2018 and $11.1 million in Q3 2017)
2. U.S. Chamber of Commerce: $17.6 million (versus $15.2 million in Q2 2018 and $13.1 million in Q3 2017)
3. Open Society Policy Center: $7.7 million (versus $10.4 million in Q2 2018 and $1.3 million in Q3 2017)
4. U.S. Chamber Institute for Legal Reform: $7.6 million (versus $5.2 million in Q2 2018 and $4.9 million in Q3 2017)
5. Pacific Gas and Electric Company: $6.2 million (versus $1.9 million in Q2 2018 and $730,000 in Q3 2017)
6. Business Roundtable: $6.1 million (versus $5.8 million in Q2 2018 and $4.5 million in Q3 2017)
7. Pharmaceutical Research and Manufacturers of America: $6 million (versus $5.5 million in Q2 2018 and $5.6 million in Q3 2017)
8. Google: $5.5 million (versus $5.8 million in Q2 2018 and $4.2 million in Q3 2017)
9. American Hospital Association: $5.2 million (versus $4.3 million in Q2 2018 and $4.5 million in Q3 2017)
10. Andeavor: $4.4 million (versus $453,209 in Q2 2018 and $334,225 in Q3 2017)
11. American Medical Association: $4.1 million (versus $4.3 million in Q2 2018 and $4.9 million in Q3 2017)
12. AT&T: $3.9 million (versus $4.6 million in Q2 2018 and $4.4 million in Q3 2017)
13. Boeing: $3.7 million (versus $3.9 million in Q2 2018 and $3.8 million in Q3 2017)
14. Amazon: $3.6 million (versus $3.5 million in Q2 2018 and $3.4 million in Q3 2017)
15. Comcast: $3.4 million (versus $3.5 million in Q2 2018 and $3.5 million in Q3 2017)
16. National Association of Broadcasters: $3.4 million (versus $3.6 million in Q2 2018 and $3.8 million in Q3 2017)
17. Lockheed Martin: $3.3 million (versus $3.3 million in Q2 2018 and $3.3 million in Q3 2017)
18. Shell Oil Company: $3.1 million (versus $1.9 million in Q2 2018 and $1.7 million in Q3 2017)
19. General Dynamics: $2.9 million (versus $2.9 million in Q2 2018 and $2.7 million in Q3 2017)
20. National Association of Manufacturers: $2.9 million (versus $1.8 million in Q2 2018 and $1.3 million in Q3 2017)BIGGEST CONTRACTS
1. Mercury: National Public Finance Guarantee Corporation ($1 million)
2. Covington & Burling: Qualcomm ($960,000)
3. Hogan Lovells: ZTE ($680,000)
4. McGuiness, Yager & Bartl: HR Policy Association ($650,000)
5. Akin Gump Strauss Hauer & Feld: Gila River Indian Community ($560,000)
6. Brownstein Hyatt Farber Schreck: Athene Holding ($510,000)
7. Venn Strategies: Employee-Owned S Corporations of America ($420,000)
8. Roberti Global: Assured Guaranty ($400,000)
9. Ballard Partners: Halkbank ($390,000) (tie)
10. Dentons: Genting Americas ($390,000) (tie)OTHER NOTABLE FIRMS
— Crossroads Strategies: $3.2 million (versus $3.2 million in Q2 2018 and $3 million in Q3 2017)
— Fierce Government Relations: $3.2 million (versus $3.3 million in Q2 2018 and $3.3 million in Q3 2017)
— McGuireWoods Consulting: $1.5 million (versus $2.3 million in Q2 2018 and $2.1 million in Q3 2017)
— Monument Policy Group: $2.1 million (versus $2 million in Q2 2018 and $1.8 million in Q3 2017)
— Venable: $2.2 million (versus $2.5 million in Q2 2018 and $2.2 million in Q3 2017)Good afternoon, and welcome to PI. Marianne is on vacation, so please send your tips to tmeyer@politico.com. You can also follow us on Twitter: @theodoricmeyer and @marianne_levine.
WHAT THE NUMBERS MEAN: The third quarter of an election year often means a slowdown in business on K Street, but that’s not the case under PresidentDonald Trump. Business remained strong for most of the top lobbying shops in town, with firms reporting increases or only slight dips in business compared with their second quarter totals. “It’s been a good year,” said Rich Gold, who heads the public policy and regulation group at Holland & Knight, the No. 5 lobbying shop by revenue. Lobbying on trade and tariffs has driven a lot of business, said Darrell Conner, a top lobbyist at K&L Gates, who called the strong quarter a “pleasant surprise.” “I think the bread-and-butter issues kept us busier than usual,” Conner said, citing work on the Federal Aviation Administration reauthorization and appropriations bills.
— Brownstein Hyatt Farber Schreck, the No. 2 firm in town, saw its revenue surge to $8.2 million after hiring a team of tax lobbyists led by Russ Sullivanover the summer from McGuireWoods Consulting. The firm had $7.2 million in lobbying revenue in the second quarter. Marc Lampkin, the managing partner of Brownstein’s Washington office, predicted in an interview that business will remain strong for the rest of the year. “I think there will be a surprising amount of business in the fourth-quarter setting up what will happen next year,” Lampkin said, including efforts to fix problems in the GOP tax law.
— Akin Gump Strauss Hauer & Feld, meanwhile, saw its revenue dip slightly to $8.9 million, although it remained the No. 1 shop in town. “Nearly a year after tax reform and heading into a pivotal election, we are very pleased with another strong quarter counseling a diverse client base on issues including trade, data privacy, healthcare and appropriations,” Hunter Bates, the co-leader of the firm’s public law and policy practice, said in a statement.
CAMPBELL SOUP DISAVOWS ITS LOBBYIST’S CONSPIRACY THEORY: “Campbell Soup Company on Tuesday distanced itself from a company lobbyist who circulated a conspiracy theory on Twitter that prominent Democratic donor George Soros' foundation is supporting a caravan of Central American migrants heading toward the U.S. border,” POLITICO’s Elana Schorreports. The social media posts from Kelly Johnston, a former top aide to congressional Republicans, comes as President Donald Trump disseminates claims without evidence that the migrant caravan includes 'unknown Middle Easterners' and is supported by Democrats.
— Johnston, the executive vice president of government affairs for Campbell, tweeted on Monday night that Soros' Open Society Foundation "planned and is executing" the migrant caravan, "including where they defecate." A company spokesperson stated in response: "The opinions Mr. Johnston expresses on Twitter are his individual views and do not represent the position of Campbell Soup Company." Johnston deleted his Twitter account on Tuesday after his posts drew quick pushback from Open Society, hours after federal law enforcement officials responded to an explosive device found on Soros' property in New York.” Full story.
VOLCKER: ‘NO FORCE ON EARTH’ CAN DEFEAT THE SWAMP: Paul Volcker, the former Federal Reserve chairman, pays K Street a backhanded compliment of sorts in his new book, “Keeping at It: The Quest for Sound Money and Good Government,” The New York Times’ Andrew Ross Sorkin reports. “There is no force on earth that can stand up effectively, year after year, against the thousands of individuals and hundreds of millions of dollars in the Washington swamp aimed at influencing the legislative and electoral process,” Volcker writes. He’s referring to Republicans’ efforts to undermine the “Volcker rule,” a part of the Dodd-Frank Act that limits banks’ ability to engage in proprietary trading. Full story.
HOUSE REPUBLICANS WANT INVESTIGATION INTO MASSIVE PENTAGON CONTRACT: “House Republicans called for an investigation into a $10 billion Defense Department contract proposal that critics say was tailored to give Amazon a leg up on the bidding,” POLITICO’s Lorraine Woellertreports. “House Appropriations Committee members Steve Womack (R-Ark.) and Tom Cole (R-Okla.) asked the DOD Office of Inspector General to scrutinize the proposal’s development and determine whether agency officials had ties with a specific contractor, violating the Pentagon's ethics policy. ‘It has come to our attention through media reports that individuals who held, or hold, high ranking positions in the Department have significant connections to the specific contractor,” the lawmakers wrote in an Oct. 22 letter, without mentioning Amazon by name.” Full story.
TRADE LOBBYING KEEPS RISING: Bloomberg News’ Mark Niquettereports what PI readers already know: Trade lobbying is way up as a result of Trump’s tariffs. “There were more than 390 reports during the third quarter that included ‘tariff’ as a specific lobbying issue, more than double the almost 140 reports citing tariffs in the same period last year, records show.” Full story.JOBS REPORT
— Rasky Partners has promoted Alexandra Wich to vice president in its Washington office. She was previously an associate vice president.
— The American Petroleum Institute has promoted Rolf Hanson to vice president of state government relations. He was previously senior director of state government relations.
— The National Association of Federally-Insured Credit Unions has promoted Andrew Morris to senior counsel for research and policy. He was previously regulatory affairs counsel.NEW JOINT FUNDRAISERS
Cloud Texas Victory Committee (Rep. Michael Cloud, Republican Party of Texas)NEW PACS
America Works State & Local PAC (PAC)
Autistic Advancement PAC (Super PAC)
Better Government for a Better America, PAC (PAC)
Bradford White Corporation Political Action Committee (“BWC PAC”) (PAC)
Business Leaders for Better Government Super PAC (Super PAC)
Cannabis Trade Federation Action Fund (PAC)
Champions of Gun Sense (PAC)
Ideal Immigration PAC (PAC)
Liberty and Justice for All PAC (PAC)NEW LOBBYING REGISTRATIONSAkin Gump Strauss Hauer & Feld: CompTIA
Akin Gump Strauss Hauer & Feld: Cordant Health Solutions
Becker & Poliakoff, P.A.: Nationwide Access, LLC.
Capitol Point Group, LLC: Lufthansa German Airlines
Covington & Burling LLP: JUUL Labs
DC Legislative and Regulatory Services, Inc.: BrightView
Foley & Lardner LLP: AJW, Inc.
Grant Consulting Group: Comet Mobility
Grant Consulting Group: Sea Link International, Inc.
Lester Health Law PLLC: Cara Therapeutics
Lester Health Law PLLC: Corvidia
Lewis-Burke Associates, LLC: The Regents of the University of Colorado
Lockridge, Grindal, Nauen, PLLP: Brooklyn Park
Mayer Brown LLP: Evenflo Feeding Inc.
Mayer Brown LLP: GoodBaby International
Mayer Brown LLP: MEC Aerial Work Platforms
McAllister & Quinn, LLC: SAFI-Tech Corporation
Morgan, Lewis & Bockius, LLP: eBay Inc.
Mr. David Hoover: The Ferguson Group (on behalf of the County of Loudoun, Virginia)
Ms. Tami Wahl: Rock & Associates on behalf of Parry, Romani, DeConcini & Symms
O'Connell & Dempsey, LLC: WateReuse Association
Spilman Thomas & Battle, PLLC: AES Drilling Fluids, LLC
Subject Matter (fka Elmendorf Ryan): BP America, Inc.
Subject Matter (fka Elmendorf Ryan): EHealth Insurance Services, Inc.
Subject Matter (fka Elmendorf Ryan): MP Mine Operations LLC dba MP Material
Subject Matter (fka Elmendorf Ryan): Visa
The Cormac Group, LLC: Avior Airlines
The Vogel Group: Danieli Corporation
Thorn Run Partners: City of Colonial Heights, VA
Venable LLP: National Propane Gas Association
Venn Strategies: Affordable Housing Tax Credit CoalitionNEW LOBBYING TERMINATIONSAkin Gump Strauss Hauer & Feld: Quanta Services
Akin Gump Strauss Hauer & Feld: TiVo Corporation
Akin Gump Strauss Hauer & Feld: United Keetoowah Band Of Cherokee Indians In Oklahoma
American Defense International, Inc.: BioVest International, Inc
American Defense International, Inc.: Trollhetta AS
Baker & Hostetler LLP: Ripple Labs, Inc.
Barnes & Thornburg, LLP: Novartis Corporation
Barnes & Thornburg, LLP: Rieth-Riley Construction Co.
Barnes & Thornburg, LLP: SwedishAmerican Health System
Barnes & Thornburg, LLP: The American Council of Life Insurers
Barnes & Thornburg, LLP: The Modern Group
Barnes & Thornburg, LLP: Transcontinental Realty Investors, Inc.
Bay Bridge Strategies, Inc.: BioCryst Pharmaceuticals, Inc.
Bay Bridge Strategies, Inc.: Peck Madigan Jones (obo The Research Fdn. of State University of NY)
Bay Bridge Strategies, Inc.: Peck Madigan Jones (On Behalf Of Fico)
Bell & Lindsay, Inc.: Label Insight
Brownstein Hyatt Farber Schreck, LLP: Sidley Austin LLP, on behalf of Vifor Pharma, Ltd
Brownstein Hyatt Farber Schreck, LLP: Signature Medical Group, Inc.
Bryan Cave Leighton Paisner LLP: iSystems Group
Buchanan Ingersoll & Rooney Pc: Lipocine
Capitol Hill Consulting Group: Offshore Cleaning Systems
Capitol Hill Consulting Group: Settoon Towing
Clark Hill, PLC: Spartan Motors
Cypress Advocacy, LLC: Hunt Companies
DC Legislative and Regulatory Services, Inc.: Valent Biosciences
Edington, Peel & Associates, Inc.: City Of Downey Ca
Emanuel & Associates, Inc. (fka Adam Emanuel): Defender Pharmaceuticals
Envision Strategy, LLC: Brookhaven Memorial Hospital Medical Center
Envision Strategy, LLC: Napoli Shkolnik PLLC
Ernst & Young LLP (Washington Council Ernst & Young): Charter Brokerage
Ernst & Young LLP (Washington Council Ernst & Young): Newman's Own Foundation
Federal City Strategies: Stanton Park Group on behalf of Pacific Gas and Electric Company
Fierce Government Relations: BP America, Inc.
Fierce Government Relations: Engage Cuba
Foley & Lardner LLP: Great Lakes Higher Education Corporation
Franklin Square Group, LLC: Strava Inc.
Gephardt Group Government Affairs: MBI, Inc.
Gephardt Group Government Affairs: Neustar, Inc.
Gephardt Group Government Affairs: Teva Pharmaceuticals USA, Inc.
Guidry Associates LLC: Parish of Ascension
Guidry Associates LLC: St. John the Baptist Parish
Hanka Advisor LLC: Antelope Valley Transit Authority
Healthsperien LLC: Public Sector HealthCare Roundtable
Holland & Knight LLP: Ukpeagvik Inupiat Corporation
Holly Strategies Incorporated: Meridian 122 LLC (on behalf of Orbis Wheels, Inc.)
Husch Blackwell, LLP: Franklin Savings Corporation
Invariant LLC: Schiavi Seeds
Invariant LLC: The Coalition for Sustainable Organics
Invariant LLC: Twilio Inc
James P. Keese: Privis Health
Jeff Burton: Blue Cross and Blue Shield Association
Jones Walker, LLP: Mid-Size Bank Coalition Of America
Jones Walker, LLP: Sovereign United Ltd.
Jones Walker, LLP: The Shiley Family Trust-B
Jones Walker, LLP: Zeteky - Formerly (Closewatch Technologies LLC)
King & Spalding LLP: The Brink's Company
Lobbyit.com: Tortilla Industry Association
Lugar Hellmann Group: Ally Financial Inc.
Mayer Brown LLP: Agrofresh Solutions, Inc.
Mayer Brown LLP: Nokia Solutions And Networks US LLC (Formerly Alcatel-Lucent USa Inc )
Mayer Brown LLP: Sabin Metal Corporation
Mayer Brown LLP: Studsvik Inc
Mayer Brown LLP: Weldbend Corporation
McAllister & Quinn, LLC: 340B Health (Fka Safety Net Hospitals For Pharmaceutical Access)
McAllister & Quinn, LLC: Cabrini University (Fka Cabrini College)
McAllister & Quinn, LLC: Cyracom
McAllister & Quinn, LLC: Susquehanna University
Mccarty Financial LLC: Orion Networking Inc.
Meridian 122 LLC: Orbis Wheels, Inc.
Mr. Barry Szczesny: American Association of Museums
MWW Group LLC: Thomas Jefferson University and Health System
MWW Group LLC: United Way of Northern New Jersey
Nelson Mullins Riley & Scarborough: Fujifilm Holdings America Corporation b/o Fujifilm Manufacturing USA Inc
Nelson Mullins Riley & Scarborough: Google Inc.
Nossaman LLP (Formerly Nossaman LLP/O'Connor & Hannan): Fugro Pelagos, Inc.
Off Hill Strategies L.L.C.: American Chemistry Council, Inc.
Orrick, Herrington & Sutcliffe LLP: JinkoSolar (U.S.) Inc.
Parsons Behle & Latimer: Midas Gold Idaho
Pauley Management Inc.: Starfighters, Inc
Peck Madigan Jones: Bay Bridge Strategies, Inc. (on behalf of BioCryst Pharmaceuticals)
Peck Madigan Jones: Fair Isaac Corporation (FICO)
Peck Madigan Jones: The Research Foundation for the State University of New York
Penn Hill Group: Foundation for Excellence in Education
Penn Hill Group: Hollister, Inc.
Penn Hill Group: Museum of Science, Boston
Pillsbury Winthrop Shaw Pittman LLP: Cogniac Corporation
Polaris Government Relations, LLC: Association For Accessible Medicines
Porter Group, LLC: Easterseals Nevada
Powers Pyles Sutter & Verville, P.C.: Nat'L Association Of Rehabilitation Research And Training Centers
Rasky Partners, Inc.: Ascensus
Rasky Partners, Inc.: Me4Sure
Rasky Partners, Inc.: The Drew Company
Rasky Partners, Inc.: The J. Derenzo Company
Runyan Public Affairs, LLC: Alation
S-3 Group: Securities Industry and Financial Markets Association (SIFMA)
Sheffield Brothers: Community Financial Services Association of America
Signal Group Consulting, LLC: Georgia Southern University (F K A Armstrong State University)
Signal Group Consulting, LLC: Khan Johnson LLP (for Leader Communications Inc)
Signal Group Consulting, LLC: SOS International LLC
Signal Group Consulting, LLC: Wiley Rein LLP on behalf of Glencore International AG
Sirona Strategies LLC: ArmadaGlobal
Southern Strategy Group, Inc: Public Consulting Group c/o MultiState Associates Inc.
Splitoak Strategies LLC: iPug US Inc.
Stanton Park Group: Pacific Gas and Electric Company
Steptoe & Johnson LLP: BMO Financial Corp.
Steptoe & Johnson LLP: Lopez, Sanchez & Pirillo LLC
Stokes Strategies: Lifetime Products
Sullivan & Cromwell LLP: Clearing House Payments Company L L C
The Advocacy Group: A.P. Goldshield, LLC
The Ickes And Enright Group, Inc.: Deaf Professionals Arts Network
The Ickes And Enright Group, Inc.: Peck Madigan Jones (obo The Research Fdn. of State University of NY)
The Pataki-Cahill Group: Borusan Mannesmann Pipe
The Smith-Free Group, LLC: Quendall Terminals
Tiber Creek Health Strategies, Inc.: Peck Madigan Jones (On behalf of FWD.us)
Van Ness Feldman, LLP: Pacificorp
Winning Strategies Washington: Nanticoke Memorial Hospitalhttps://www.politico.com/newsletters/politico-influence/2018/10/23/brownstein-closes-in-on-akin-gump-in-revenue-rankings-383929
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Oct 24, 2018 | PoliticoPro
By David Beavers and Maya Parthasarathy
WRDA TOGETHER: America's Water Infrastructure Act, signed into law by President Donald Trump today, is a win for both rural and urban Americans, Sens. John Barrasso (R-Wyo.) and Tom Carper (D-Del.) said in a rare bipartisan op-ed in USA Today. The bill is the latest iteration of WRDA, S. 3021 (115), which the Senate passed 99-1, and would reauthorize the Safe Drinking Water Act for the first time in two decades and authorize a number of Army Corps of Engineers projects. "Too often, important infrastructure projects can’t get off the ground because they are tied up in backlogs and delays. America’s Water Infrastructure Act gives local leaders an increased say in which projects the Army Corps of Engineers should prioritize," the senators wrote. Read the op-ed here.
Welcome to Afternoon Energy!We’re your hosts David Beavers and Maya Parthasarathy. Send suggestions, news and tips to dbeavers@politico.com, mparthasarathy@politico.com, mdaily@politico.com and njuliano@politico.com, and keep up with us on Twitter at @davidabeavers, @m_parthas, @dailym1, @nickjuliano, @Morning_Energy and @POLITICOPro.
POLITICO PRO ANNOUNCES DEDICATED CA COVERAGE: On Nov. 7, there will be a new authority on California politics and policy. Just in time to help policy professionals and business leaders in the Golden State navigate the twists and turns of a new administration, POLITICO California Pro is the only tool that will arm you with a team of state-level experts. Learn more.
OIL TAKES A TUMBLE: Crude oil prices sank sharply today in sympathy with the bearish move in the stock market as well as selling pressure after the Saudi oil minister Energy Minister Khalid al-Falih indicated at a conference in Riyadh theOPEC member could raise its output by 1 million to 2 million barrels per day in the future. And he said the Saudis were prepared to step in to the market to prevent any supply shortfalls in the near term. “We will decide if there are any disruptions from supply, especially with the Iran sanctions looming,” Falih said, according to Reuters. “Then we will continue with the mindset we have now, which is to meet any demand that materializes to ensure customers are satisfied.” U.S. light, sweet crude futures were down more 4.5 percent or more than $3 a barrel at $66.43 a barrel, the lowest level in two months.
GRASSLEY WANTS HIS E15 NOW! Iowa Sen. Chuck Grassley wants the rule allowing year-round sales of 15 percent ethanol fuel sooner than EPA’s promised date of May 1. “EPA ought to speed it up, or otherwise it’s going to look like the president wasn’t serious about his announcement … two weeks ago,” he told reporters today. “We don’t need this sort of bureaucratic red tape with something that’s been discussed in Washington for years. Either do it or get off the pot.” The Trump Administration promised farm states the rule would be done before summer driving season in June, but Grassley isn’t content to wait.
** A message from Chevron: Role models help young women pursue STEM education and careers, and Chevron is dedicated to STEM initiatives through its partnerships and programs. Record a Thank You video for the role model who inspired you here. **
RUSSIAN CYBERWAR: A cybersecurity firm today is out with research tying a Russian government-owned lab to malware that was discovered last year in Schneider Electric’s Triconex safety system, Pro Cybersecurity’s Tim Starks reports. In its research, FireEye concludes the malware, known as Trisis or Triton, was “supported by the Central Scientific Research Institute of Chemistry and Mechanics, or CNIIHM, a Russian government-owned technical research institution located in Moscow.” Cybersecurity experts have named the malware the most dangerous in the world because of its capacity to kill or cause environmental damage. Read more here.2018 WATCH
RED TIDE RICK: The League of Conservation Voters Victory Fund and EDF Action announced they’re dropping $2.25 million on an ad slamming Florida Gov. Rick Scott, who is running to unseat incumbent Sen. Bill Nelson, for failing to adequately address the red tide plaguing the state’s coasts. The groups said the ads will run on television stations in the Tampa, Fort Myers and West Palm media markets for the next week. Read more from Pro’s Anthony Adragna here.
UP IN NORFOLK: LCV Victory Fund also announced it would put $300,000 into a new television ad around Norfolk hitting incumbent Rep. Scott Taylor over ongoing fraud investigations into his campaign. LCV Victory Fund also launched a $355,000 push in Michigan’s 8th District against Rep. Mike Bishop. The ad will run in the Lansing market through election day. The green group also said it would spend $200,000 on Facebook, Instagram and other video streaming services to run an ad arguing Rep. Mimi Walters consistently sides with the administration rather than her constituents.
Trump says a red wave is coming on Election Day. Is he right, or will the tide turn blue? Compete against the nation’s top political minds in the POLITICO Playbook Election Challenge, by correctly picking the winning candidates in some of the most competitive House, Senate and gubernatorial races in the country. Win awesome prizes and eternal bragging rights. Sign up today! Visit politico.com/playbookelectionchallenge to play.SWAMP WATCH
The flood of registrations from the third-quarter filing deadline continued today. Oil and gas giant BP America shook up its lobbying core, terminating its contract with Fierce Government Relations and hiring Subject Matter to lobby on tariffs, trade and sanction issues related to renewable fuels, per a pair of filings. The National Propane Gas Association hired Venable to lobby on the Occupational Safety and Health Administration’s rules regarding operation of cranes and derricks. And AES Drilling Fluids of Houston hired Spilman Thomas & Battle to lobby for “reducing or eliminating tariffs on certain fluid products used in the oil and gas industry for drilling and stimulating energy production.”
There were also some notable terminations. The American Chemistry Council terminated its contract with Off Hill Strategies. Chinese solar company JinkoSolar’s U.S. subsidiary terminated its contract with Orrick, Herrington & Sutcliffe. JinkoSolar hired the firm last winter to lobby for “duty free access for solar cells and aluminum panels.” Stanton Park Group will no longer representCalifornia utility Pacific Gas and Electric. PG&E hired the firm at the end of last year to lobby on “matters related to natural disasters.” And Portland, Ore.-based PacifiCorp terminated its contract with Van Ness Feldman.
MOVER, SHAKER: The American Petroleum Institute today promoted Rolf Hanson to vice president of state government relations. He was previously senior director of state government relations for the trade group.QUICK HITS
— “Young People Are Suing the Trump Administration Over Climate Change. She’s Their Lawyer.” The New York Times.
— “New York Port Authority May Sign on to Climate Deal Trump Dashed,” Bloomberg.
— "Exxon, Rosneft to build LNG plant with Japanese, Indian partners," Reuters.
— “The Industry With the Most Female CEOs Isn’t What You’d Expect,” The Wall Street Journal.WIDE WORLD OF POLITICS
— Turkish president claims Saudis planned for days to kill Khashoggi
— HHS reviews refugee operations as Trump calls for border crackdown
— Why Trump is talking nonstop about the migrant caravan
https://subscriber.politicopro.com/newsletters/afternoon-energy/2018/10/wrda-together-383818
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Trump Says He May Make Wheeler Permanent EPA Chief
Oct 24, 2018 | BNA Daily Environment Report
By David Schultz
President Donald Trump might be moving toward making Andrew Wheeler the permanent head of the EPA, the president indicated during off-the-cuff remarks at an Oct. 23 White House event.
The acting head of the Environmental Protection Agency came to the podium during the president’s remarks in what appeared to be an unplanned diversion at an event honoring state and local leaders from the West. Trump asked Wheeler to expedite the approval of a delayed harbor-dredging project in Texas that would expand the capacity of oil and gas shipping.
“He’s ‘acting,’ but he’s doing well,” the president said, as Wheeler stood behind him. “So maybe he won’t be so ‘acting’ so long, especially if he gets this done.”
Trump said he had spoken with representatives from “big oil” the night before about their frustration in not being able to use large freighter ships in Texas. He offered to give Wheeler the names of the people he spoke with and directed him to “work with the state of Texas.”
‘California, Get on the Ball’Wheeler has been running the EPA on an acting basis since the July 6 resignation of Scott Pruitt.
The president addressed a number of other unrelated topics during his remarks, including what he said was California’s negligence in managing its forests.
California “has more water than it knows what to do with,” Trump said, and threatened to withhold funding from the state if it didn’t change its policies on logging and aquatic species protection.
“So California, get on the ball, because we’re not going to hand you any more money,” he said.
https://news.bloombergenvironment.com/environment-and-energy/trump-says-he-may-make-wheeler-permanent-epa-chief
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EPA Cites IRIS Study to Ease Portland Harbor Cleanup
Oct 23, 2018 | Inside EPA
EPA is proposing to ease stringent sediment cleanup levels at the costly Portland Harbor Superfund site in Portland, OR, prompted by an updated Integrated Risk Information System (IRIS) assessment that weakened estimated cancer risks for benzo(a)pyrene (BaP), a key contaminant at the site.
“Today's proposal ensures that the cleanup plan is current with the latest science to protect people's health and the environment,” acting EPA Administrator Andrew Wheeler said in an Oct. 22 statement.
The plan could set a precedent for a host of other Superfund sites that are contaminated with BaP and marks a change for the IRIS program, which faces frequent attacks from industry and GOP critics who charge it adopts overly conservative risk values that drive costly cleanup and other regulatory decisions.
EPA Oct. 22 issued a proposed Explanation of Significant Differences (ESD) that seeks to explain its reason for revising some of the cleanup levels for BaP, a carcinogenic polycyclic aromatic hydrocarbon (cPAH), and other cPAHs in the site's record of decision (ROD).
Obama EPA Administrator Gina McCarthy signed the ROD for the high-profile site in early 2017, addressing the cleanup of contaminated sediment for 10 miles of the Lower Willamette River within the site. The cleanup under the 2017 ROD is estimated to cost $1 billion and require as many as 13 years of construction.
The ROD relied on an assessment that EPA conducted in the 1980s but the IRIS assessment that EPA finalized in January 2017 modified the oral cancer slope factor from 7.3 to 1 milligrams/kilogram/day, “resulting in a lower risk estimate associated with exposure to BaP and other cPAHs,” the ESD says.
EPA's assessment of BaP is important not just because the compound is a common environmental contaminant but also because EPA has proposed using it as the index chemical in a relative potency factor approach for cPAHs. The chemicals are carcinogenic and stem from a wide range of sources, including crude oil, asphalt and vehicle emissions.
Exponent, an engineering consulting firm on environmental matters, predicted in a February posting on its website that the final risk assessment will result in less stringent soil and groundwater regional screening levels and cleanup goals at sites where cPAHs are the risk driver.
Due to this lower cancer risk, the revised risk assessment has implications for the risk-based human health cleanup levels, target tissue levels and toxic principal threat waste (PTW) thresholds selected in the 2017 Portland Harbor ROD, EPA says.
Following the issuance of the final IRIS assessment, EPA Region 10 started evaluating its application at Portland Harbor, according to an EPA Region 10 spokeswoman. Prior to the plan's release this week, Wheeler was briefed by the region, and concurred on it moving forward, she says. EPA Region 10 Administrator Chris Hladick will be the signatory on any final approval of the revisions, she says.
Specifically, EPA is proposing to soften beach sediment cleanup levels for cPAHs from 12 to 85 micrograms per kilogram (ug/kg); revise the target tissue level for cPAHs in shellfish tissue from 7.1 to 51.6 ug/kg, using a subsistence fisher risk; and alter the total cPAH remedial action level from 13,000 to 30,000 ug/kg, applying to sediments outside the navigation channel, EPA says in a fact sheet. It explains that the remedial action level refers to the contaminant concentration level that the remedy requires to be removed or isolated through dredging or capping.
The agency is also proposing to adopt a direct contact sediment cleanup level for cPAHs of 774 ug/kg for nearshore sediments; change the PTW threshold for cPAHs from 106,000 to 774,000 ug/kg for the entire site; and correct a mathematical error the agency made in determining the shellfish consumption sediment cleanup level for cPAHs, and then revise it based on the new BaP cancer slope factor. This, therefore, would change the sediment cleanup levels based on shellfish consumption from 3,950 to 1,076 ug/kg, based on a subsistence fisher risk, the fact sheet says.
Under the revisions, EPA says the sediment cleanup is expected to lower costs by $35 million, and reduce the 2,200-acre cleanup by about 17 acres.
EPA has extended the comment period to 60 days, giving commenters until Dec. 21 to respond to the proposal.
https://insideepa.com/daily-feed/epa-cites-iris-study-ease-portland-harbor-cleanup
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Behind Bayer’s Tough Defense of Roundup
Oct 24, 2018 | Wall Street Journal
By Sara Randazzo, Jacob Bunge and Ruth Bender
Bayer AG’s BAYRY -8.64% $63 billion acquisition of Monsanto Co. this year made the German drug and chemicals company the world’s biggest supplier of crop seeds and pesticides—and brought it thousands of lawsuits alleging Monsanto’s Roundup herbicide causes cancer.
But Bayer has a history of fighting big-ticket litigation and has seen much worse. So officials are projecting calm, even after a judge Monday rejected Bayer’s request to reverse an August jury verdict against the company in the first Roundup case to go to trial.
Like other pharmaceutical giants, Bayer has for decades battled mass tort lawsuits in the U.S. alleging its drugs and medical devices sicken or kill people. Bayer has typically denied liability, arguing it acted responsibly in marketing its products and warning of side effects. In legal circles, the company has developed a reputation for negotiating when it feels the situation requires that approach, but fighting back and pushing to trial when it believes it can win, even if it takes years to play out.Roundup weed-killer has been the subject of lawsuits by plaintiffs who claim it causes cancer. PHOTO: STEFFEN SCHMIDT/EPA-EFE/REX/SHUTTERSTOCK
“We have quite a bit, I would say, of experience in U.S. product litigation,” Bayer Chief Executive Werner Baumann told investors in August, soon after a San Francisco jury found in favor of a groundskeeper who said he developed non-Hodgkin lymphoma from exposure to the company’s glyphosate-based herbicides. Bayer has argued that glyphosate, the main chemical in Roundup, doesn’t cause cancer and has been reviewed and approved in more than 160 countries. The company said Monday it would appeal the verdict.
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The 155-year-old company also faces actions from some 24,300 plaintiffs alleging Bayer’s best-selling blood thinner Xarelto causes severe bleeding and even death. Another 17,000 claims are pending over its discontinued permanent birth-control implant Essure, which plaintiffs allege causes injuries ranging from depression to hysterectomy, and 2,700 over its longterm birth control device Mirena. Bayer denies liability and is fighting the suits.
The Monsanto deal added claims from at least 8,700 plaintiffs targeting its flagship weedkiller Roundup. Mr. Baumann and other Bayer executives in recent weeks have vowed to contest mounting lawsuits.
The jury’s $289 million award in August sliced billions of dollars from Bayer’s valuation. Although a judge reduced that award Monday to $78.5 million, the court rejected Bayer’s request to reverse the August verdict, sending Bayer shares down more than 11%.
Bayer gained attention for its innovative defense approach in the early part of the last decade, when it developed a two-pronged legal strategy involving a cholesterol-lowering drug called Baycol. The company settled with plaintiffs it believed had legitimate injuries, including muscle breakdown, or had died from using Baycol. But it fought weaker claims aggressively.
The common wisdom at the time among big pharmaceutical companies was to settle fast. That allowed companies to avoid putting cases in the hands of unpredictable juries.
But settling product-liability cases had shortcomings. For pharmaceutical companies, “if you just settle them, there’ll be the next one in line, and it’s an endless list,” said John Beisner, a defense lawyer at Skadden, Arps, Slate, Meagher & Flom LLP who specializes in mass-torts cases.
Bayer won the first Baycol case to go to trial, in Corpus Christi, Texas in 2003. At Bayer’s headquarters in Germany, executives popped champagne, and the stock price regained most of the value lost since the start of litigation.
The company settled some 3,100 out of more than 14,000 claims over Baycol for $1.16 billion without admission of liability after winning several more trials. Remaining cases were either dropped by plaintiffs or dismissed in court. Before the first victory in court, analysts had estimated $10 billion in payouts.
Since Baycol, both plaintiffs and defense lawyers say pharmaceutical companies, including Bayer, have taken a tougher stance on resolving mass torts. Tactics include the deployment of squads of defense lawyers ready to handle simultaneous trials and efforts to steer cases toward federal court, which can require a higher standard for scientific evidence alleging harm.
Merck & Co. brought 16 cases to trial over its blockbuster arthritis painkiller Vioxx and won 11 of them before agreeing to a $4.85 billion settlement in 2007 with tens of thousands of personal-injury plaintiffs.
So far in the Xarelto litigation, Bayer and Johnson & Johnson , which jointly developed and marketed the blood thinner, have won five of six trials, and had a court overturn its one loss. The company plans to continue fighting and faces several more scheduled trials next year.
In other cases, Bayer has primarily opted to settle. As of January 2016, Bayer had reached more than $2 billion in settlements in litigation over its Yaz and Yasmin birth control pills without taking any case to trial in the U.S. or admitting liability.
Bayer’s strategies will be tested with the Roundup litigation, which, unlike those involving prescription drugs, questions the safety of a product that remains on store shelves and is found in millions of homes. That will make it harder to capture the entire universe of potential plaintiffs and put the case to rest early if it decides to settle, legal experts said.
A Bayer spokesman said while each case is unique, the scientific and regulatory records of a product play a big part. In the Roundup litigation, he said, “Bayer is confident in both of these factors because its glyphosate-based products are among the most-studied of their kind, and the four decadelong body of scientific research confirms they are safe when used as directed, and that glyphosate is not carcinogenic.”
Defending everyday products can also be more difficult than defending drugs, experts say, because it is harder for the company to argue that any risk is worth the potential upside. A drug with potentially serious side effects, for instance, could still save lives.
In the Roundup cases, said plaintiffs lawyer Mark Lanier, who has opposed the company in other litigation, it’s theoretically “harder to say…we gave you non-Hodgkin’s lymphoma, but without it, it would have been harder to pull those weeds out of your lawn.”
https://www.wsj.com/articles/the-dont-fold-strategy-behind-bayers-posture-on-roundup-1540314987?mod=searchresults&page=1&pos=2
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Industry Groups Tell Echa: Reconsider SVHCs Database
Oct 24, 2018 | Chemical Watch
By Leigh Stringer
A group of European trade associations are calling on Echa to reconsider its plans to develop a database for candidate list substances in articles. Instead they want there to be encouragement to invest in recycling technologies.
The proposal to develop the database came out of the revised waste framework Directive that entered into force in July. A consultation on the plan closed on 9 October.
The proposed database would contain information submitted by companies producing, importing or supplying articles that contain candidate list substances. They will need to submit this information for articles placed on the market from 5 January 2021.
The aim is to strengthen supply chain communication as foreseen under REACH and contribute to the EU's circular economy package, with waste treatment operators and consumers being the primary users of the resource.
In a joint position paper, the 12 trade associations (see box) say the database will not achieve its intended objectives to support the circular economy. The most efficient way to do this, they say, is by investing in research and development of recycling technologies and analytical/testing methods, and establish partnerships in the value chain to enable circular production models.
The most efficient way to support the circular economy is by investing in the research and development of recycling technologies and analytical/testing methods, and establish partnerships in the value chain to enable circular production models – trade associations' joint paper
Last week, representatives of the automotive and aerospace industries told Chemical Watch that complying with the database would cost them "billions of euros". Industry would have to redesign their internal systems to enable the gathering of the required information, they said.
For complex products, those that have many parts such as cars or electronics, current industry systems would not be up to the job, they added.
The industry paper recommends making use of "already existing solutions", such as the European Waste Catalogue, which describes whether a waste type is hazardous but does not include information on particular SVHCs. Specific sector approaches, such as the automotive industry's International Material Data System (IMDS), should also be considered.Concerns
The trade associations, which cover a number of sectors, including textiles, automotive, SMEs and electronics, say Echa's proposal will "not be workable for industry nor enforceable by authorities".
"Instead we call for an approach that allows different, flexible and effective circular economy solutions tailored to the specific circumstances of each industry sector, depending on the complexity and durability of their products," the paper says. It goes on to raise a number of issues, including:serious confidential business information (CBI) concerns by generating full transparency of supply chains as well as parts' structures, resulting in a high risk of future misuse. The protection of European intellectual rights is crucial for the competitiveness of European companies, it says; andthe database will not help recycling operators because the "highly detailed level of information is deemed to be overwhelming".
Echa held a workshop in Helsinki this week (22-23 October), where participants discussed the agency's scenario document and next steps.
The agency said it will respond to Chemical Watch’s request for comment on the industry associations' concerns and recommendations after the workshop. Signatories to the industry position paperAcea – the European Automobile Manufacturers' Association;Acem - the European Association of Motorcycle Manufacturers;ASD – the Aeronautics, Space, Defence and Security Industries association in Europe;Clepa – the European Association of Automotive Suppliers;Amfori – the global business association for trade, formerly the Foreign Trade Association;DigitalEurope – the European digital technology industry association;EuPC – the European Plastics Converters association;Euratex – the European Apparel and Textile Confederation;I&P Europe – the European Imaging and Printing association;LightingEurope – the European lighting industry association;SEMI – the global industry association serving the manufacturing supply chain for the electronics industry; andUeapme – the European Association of Craft, Small and Medium-Sized Enterprises.
https://chemicalwatch.com/71193/industry-groups-tell-echa-reconsider-svhcs-database
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Kinder Morgan Loses Bid to Bar Benzene Exposure Expert
Oct 23, 2018 | BNA Daily Environment Report
By Steven M. Sellers
A Utah man’s cancer case against Kinder Morgan Altamont LLC will include expert witness testimony that his illness was caused by exposure to benzene from a company facility, a federal court in Utah ruled.
Scientific disputes in the case over the link between benzene and leukemia go to the weight of the expert’s testimony, not its admissibility, the U.S. District Court for the District of Utah said Oct. 22.
Clayton Thompson, of Duschene County, Utah, was diagnosed with chronic myeloid leukemia (CML) in 2012, his complaint states. His expert witness, epidemiologist Peter Infante, testified that the cancer was likely caused by exposure to benzene, a petroleum byproduct.
Thompson sued Kinder Morgan, Shell Oil Co ., and other companies alleging the facility was the source of pollutants on his property, but Kinder Morgan moved to exclude Infante’s testimony as inadmissible under Daubert v. Merrell Dow Pharmaceuticals Inc.
Daubert is a 1993 U.S. Supreme Court decision that made it harder for some types of expert evidence to get into court.
“There is simply too great an analytical gap between” scientific literature that bears on the relationship between benzene and leukemia and Infante’s conclusion that it is more likely than not that the chemical caused Thompson’s illness, the Houston-based company argued.
But Infante relied on published studies finding statistically significant associations between benzene and CML and gave scientific explanations for studies that did not, the court said.
The fact that Kinder Morgan’s epidemiologist, Kevin Mundt, identified weaknesses in studies that linked benzene an CML goes only to the weight of Infante’s opinion, the court said.
Judge Jill N. Parrish wrote the opinion.
Savage Yeates & Waldron PC represented Thompson. Kirton McConkie, as well as Ray Quinney & Nebeker represented Kinder Morgan.
The case is Thompson v. Kinder Morgan Altamont, LLC, 2018 BL 388895, D. Utah, No. 15-cv-00623, 10/22/18.
https://news.bloombergenvironment.com/environment-and-energy/kinder-morgan-loses-bid-to-bar-benzene-exposure-expert
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Chevron, Md. Beat D.C. Residents’ Claims of Ongoing Gasoline Leak
Oct 23, 2018 | BNA Daily Environment Report
By Peter Hayes
Chevron Corp . and the state of Maryland won dismissal of claims that a 30-year-old gasoline leak continues to contaminate a Washington, D.C., neighborhood.
The residents’ claims were filed too late even though the alleged contamination is ongoing, the U.S. District Court for the District of Columbia said Oct. 22.
The ruling means residents of the Riggs Park community near the Maryland and Washington border can’t pursue claims seeking an order to have the leak stopped.
They also can’t get money for monitoring their health for cancer and other ailments, or for reduced property values.
The time for filing suit began when the residents were put on notice they suffered an injury and the role the oil company and state played in causing it, the court said.
At the very latest, the residents were aware they could sue in 2009, when they appealed their property taxes based on appraisals showing decreased values.
The longest statute of limitations that could apply in the case is five years for the recovery of damages to real property from toxic substances, the court said. The residents didn’t file their suit until November 2017.
The suit stems from a petroleum release that occurred in 1989 after a car collided with a gas pump at a Chevron service station in Chillum, Md., just north of the Riggs Park neighborhood.Judge Amy Berman Jackson issued the ruling.
The residents filed the complaint pro se.
King & Spalding LLP represents Chevron U.S.A., Inc.
The case is Ford v. Att’y Gen., 2018 BL 388565, D.D.C., No. 17-cv-2525, 10/22/18.https://news.bloombergenvironment.com/environment-and-energy/chevron-md-beat-dc-residents-claims-of-ongoing-gasoline-leak
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‘Frack Master’ Faces $23.8M Penalty, Prison for Securities Fraud (1)
Oct 23, 2018 | BNA Daily Environment Report
By Jennifer Bennett
A self-proclaimed “Frack Master” whose ill-gotten oil industry gains helped fund an Aston Martin, a Bentley and a Mercedes Benz, was sentenced to 12 years in prison and will pay $23.8 million in SEC disgorgement.
Christopher Faulkner Oct. 23 settled Securities and Exchange Commission allegations of stock manipulation and misappropriation of investor funds, the agency said in a release. He also pleaded guilty in a related criminal case and received a 12-year prison sentence, the Justice Department said.
Faulkner raised over $71 million from investors between 2011 and 2016 to pay for drilling, DOJ said. However, in marketing materials sent to investors, he inflated the estimated cost by around 800 percent, allowing him to pocket the difference.
“As Mr. Faulkner continued to deceive his investors about drilling expenses and potential oil well output, he spent their millions of investment dollars on his lavish lifestyle, ” U.S. Attorney for the Northern District of Texas Erin Nealy Cox said in a release.
The “Frack Master” misappropriated about $23.8 million from investors, spending the funds on luxury cars, travel and upkeep on multiple homes , DOJ said.
Faulkner controlled Breitling Energy Corp. and used it and two other entities he controlled, Crude Energy LLC and Patriot Energy Inc., in his scheme, the SEC said. He also pleaded guilty to tax evasion and engaging in illegal monetary transactions, according to the DOJ release.
“Faulkner first proclaimed himself the ‘Frack Master’ in order to deceive investors about his expertise and steal millions of dollars to fund his lifestyle, and the SEC put an early end to his second effort to defraud investors in a real estate scheme,” Shamoil T. Shipchandler, director of the SEC’s Fort Worth office, said in the agency release. “Today’s serious civil and criminal sanctions serve as a warning to anyone who intends to target retail investors.”
The SEC in September secured a final judgment against Faulkner in a separate actionrelated to real estate investments. That judgment requires Faulkner to pay the agency nearly $60,000 in disgorgement and an additional $218,750 in civil fines.
The cases are US v. Faulkner, N.D. Tex., No. 3:18-mj-00407, guilty plea announced 10/23/18, SEC v. Faulkner, N.D. Tex., No. 3:16-cv-01735, settlement announced 10/23/18, and SEC v. Faulkner, N.D. Tex., No. 3:17-cv-02405, final judgment released 9/26/18.
(Updated with additional reporting throughout.)
https://news.bloombergenvironment.com/environment-and-energy/frack-master-faces-238m-penalty-prison-for-securities-fraud-1
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Army Corp Pulls More Permits for Mountain Valley Pipeline
Oct 23, 2018 | PoliticoPro - Whiteboard
By Ben LeFebvre
The Army Corps of Engineers last week withdrew water crossing permits in Wetzel County, W.Va., for the Mountain Valley Pipeline Project, a company spokeswoman said today.
The action by Corps' Pittsburgh district office is the latest blow to the proposed 300-mile natural gas pipeline that developers are building to deliver gas from West Virginia to Virginia. The Corps earlier this month started pulling the water crossing permits it had issued after a U.S. Appeals Court vacated its nationwide permit.
Mountain Valley pipeline expects to receive new permits early next year, allowing it to complete the project by the end of the year, according to Natalie Cox, a spokeswoman for the pipeline developer.
“MVP does not expect additional delays to its fourth quarter 2019 targeted in-service date as it continues other construction activities along the route,” Cox said in a statement.
Mountain Valley Pipeline is a joint venture of EQM Midstream Partners, LP; NextEra US Gas Assets, LLC; Con Edison Transmission, Inc.; WGL Midstream; and RGC Midstream, LLC.
https://subscriber.politicopro.com/energy/whiteboard
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(ACC Mentioned) Fix Anti-Terror Chemical Program or Let It Expire: GOP Senators
Oct 23, 2018 | BNA Daily Environment Report
By Sam Pearson
Congress should either let a federal chemical security program expire or pass legislation to make compliance easier, GOP senators said Oct. 23.
Lawmakers are working to extend the Chemical Facility Anti-Terrorism Standards Program before it expires in early 2019. Under a plan (S.3405) introduced by Sen. Ron Johnson (R-Wis.) and approved by the Senate Homeland Security and Governmental Affairs Committee by voice vote Sept. 26, the Department of Homeland Security program would be reauthorized for five years but with tweaks.
The bill tries to reduce the regulatory burden on companies by limiting the frequency of inspections, letting less-risky facilities avoid submitting employee information, and making it harder to add new chemicals to the program, among other changes.
The measure “provides a path for the CFATS program to continue” but “without inflicting burdensome and duplicative regulations on DHS’ industry partners,” Johnson and Sen. Shelley Moore Capito (R-W.Va.) wrote in a letter to the chairmen and ranking members of the House Homeland Security and Energy and Commerce committees.
The program requires facilities holding certain levels of a range of chemicals to submit information to department officials. More than 300 chemicals are on the list, including chlorine and anhydrous ammonia.
Officials use the information to rank facilities by risk, putting them in one of four tiers. Facilities then have to submit site security plans to show they’ve addressed the risk. CFATS was launched in 2007.
The American Chemistry Council, a trade group in Washington that represents more than 150 major chemical producers, including BASF SE, Chevron Phillips Chemical Co. LLC, and DowDuPont Inc., supports Johnson’s legislation and is working with lawmakers of both parties in the House and Senate, Scott Jensen, a spokesman for the group, said in an email to Bloomberg Law Oct. 23.
Democrats: Bill Dangerous
Johnson and Capito’s position could threaten cooperation with Democrats, whose votes will be needed to overcome a filibuster.
In a statement to Bloomberg Law Oct. 23, Rep. Bennie Thompson (D-Miss.), the ranking member of the House Homeland Security Committee, said the Senate bill is radical and harmful to public safety. The program should be extended through bipartisan negotiations, he said.
“It is shocking that Senators Johnson and Capito would flippantly suggest that the program should expire if they do not get their way, throwing away the good work that DHS, in close collaboration with industry, has accomplished over the past 11 years,” Thompson said.
New Restrictions
At issue in the Senate bill are new limitations on Homeland Security officials. The explosives industry would be exempted from regulation and inspectors couldn’t check a facility more often than once every two years, or every three years if it’s in a new voluntary recognition program.
“If Congress fails to reform the CFATS program, we believe the program should expire and not continue to be reauthorized via annual appropriations,” as it was from 2007 to 2014, Johnson and Capito wrote in their letter.
Representatives for Johnson, Capito, House Homeland Security Committee Chairman Michael McCaul (R-Texas), Energy and Commerce Committee ChairmanGreg Walden (R-Ore.) and ranking member Frank Pallone (D-N.J.) didn’t immediately respond to a request for comment by Bloomberg Law. A spokeswoman for the Department of Homeland Security didn’t immediately respond to a request for comment.
https://news.bloombergenvironment.com/environment-and-energy/fix-anti-terror-chemical-program-or-let-it-expire-gop-senators
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Chemical Safety Board Narrowing Scope of Advice After Accidents (1)
Oct 24, 2018 | BNA Daily Environment Report
By Sam Pearson
Investigators at a small federal agency that examine major industrial disasters are focusing on the most relevant safety recommendations—a change from past practice, an agency official said Oct. 23.
The U.S. Chemical Safety and Hazard Investigation Board, established under the Clean Air Act Amendments of 1990 and launched in 1998, is tasked with investigating major chemical disasters, determining their root cause, and issuing safety recommendations to companies and the government to prevent them in the future.
Recommendations generated during an investigation must be based on factors with a causal relationship to the incident, rather than a “good idea tree” of all hypothetical safety policies that could have stopped what occurred, Charles Barbee, the board’s director of recommendations, said at the Process Safety Summit, a forum of industry representatives in Washington.
The safety board issues recommendations describing needed changes that could have prevented the incident. It sometimes addresses recommendations to facility operators, suppliers, equipment manufacturers, trade organizations, as well as local, state, and federal regulators.
Safety board employees also are contacting those who receive the recommendations more often to push them to implement the suggestions, Barbee said.
A more limited view of which recommendations should be issued could avoid complicated policy recommendations to state or federal regulators, which may not be adopted anytime soon. But some who want to see the board take a more aggressive path oppose the move.
Reducing the scope of the recommendations runs contrary to the board’s mission to determine how to prevent these incidents, Jeff Ruch told Bloomberg Law. Ruch is director of Public Employees for Environmental Responsibility, a Silver Spring, Md., organization that advocates for federal workers.
Under the leadership of former Chairman Rafael Moure-Eraso from 2010 to 2015, the board issued an average of 8.4 recommendations following an investigation, Ruch said. About a quarter of those involved recommended regulatory changes. Since 2015, the board has issued an average of 3.9 recommendations, none of which were regulatory in nature—a dip he said he finds troubling.
“No one could call the current period the golden age of the Chemical Safety Board,” Ruch said.
(Updated with additional reporting.)
https://news.bloombergenvironment.com/environment-and-energy/chemical-safety-board-narrowing-scope-of-advice-after-accidents-1
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EPA Can Beat Court Review on Chemical Plant Rollback: Official
Oct 23, 2018 | BNA Daily Environment Report
By Sam Pearson
Trump administration regulators are working harder to make sure changes to Obama-era chemical facility safety rules hold up in court, the top EPA political official overseeing the effort said Oct. 23.
Steven Cook, deputy assistant administrator for the Office of Land and Emergency Management, said the agency will overcome a court decision in August that questioned its basis for halting the former administration’s work. Cook previously served as senior corporate counsel at LyondellBasell Industries N.V., a plastics, chemicals, and refining company, before joining the EPA in February.
The U.S. Court of Appeals for the District of Columbia Circuit ruled Aug. 17 the agency exceeded its authority in delaying the rule, a set of safety standards aimed at keeping first responders and communities near chemical facilities safe. Since then, parts of the old rule have taken effect at about 12,500 facilities using high-risk chemicals, but compliance deadlines for the most far-reaching provisions remain years away.
Although the judges ended the delay, the EPA still will replace the rule (RIN:2050-AG95), Cook said at the Process Safety Summit, a forum of industry representatives in Washington.
The agency is committed to “getting a final rule done, and done in a way that we believe will actually survive scrutiny by the courts,” Cook said.
His comments echo the timeline set out in the EPA’s fall regulatory agenda released Oct. 17, which described issuing the changes by January.
The legal flaws that doomed the agency before the D.C. Circuit are surprising but surmountable, Cook said.
“A lot of the problems that the agency had was a lack of explanation about conclusions,” Cook said. “In my prior life, I lost cases to the federal government based on a single paragraph of a Federal Register preamble. It was considered sufficient explanation by the agency. I think those days are gone.”
https://news.bloombergenvironment.com/environment-and-energy/epa-can-beat-court-review-on-chemical-plant-rollback-official
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New York Coke Plant Shuttered After History of Violations
Oct 24, 2018 | BNA Daily Environment Report
By Gerald B. Silverman
A western New York coke manufacturing plant with a history of environment and safety violations shut down under the supervision of state and federal environmental officials.
Tonawanda Coke Corp. completed the shutdown of its plant Oct. 23, according to the New York State Department of Environmental Conservation.
The closure ends a century of coke manufacturing at the 160-acre site, but it isn’t the end of the line for the company. Coke is used as a fuel and is produced from coal.
The department and the U.S. Environmental Protection Agency plan to conduct a comprehensive investigation of the site to identify any contamination and develop a remediation plan, according to the Department of Environmental Conservation.
The company decided to close the plant for financial reasons, the department said. Tonawanda Coke didn’t respond to a Bloomberg Environment request for comment.
Tonawanda Coke acquired the plant in 1978 from Allied Chemical and Dye Corp., which began coke production at the site in 1917.
State Superfund SiteDuring the past 38 years, the state and federal government repeatedly cited Tonawanda Coke for environmental violations and safety and health violations, and the plant was named a state Superfund site in 1990.
Contaminants found at the site include coal tar wastes, polycyclic aromatic hydrocarbons, benzene, phenols, heavy metals, and organic solvents.
“For too long, Tonawanda Coke has been a mismanaged blight on this community, and its owners will be held accountable for any damage to this community and the environment,” Department of Environmental Conservation Commissioner Basil Seggos said in a statement.
“After the plant is safely shuttered, a comprehensive investigation of any potential contamination will be launched to safeguard the Tonawanda community,” he said.
https://news.bloombergenvironment.com/environment-and-energy/new-york-coke-plant-shuttered-after-history-of-violations
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Burger Smoke on the Menu in California’s Air Pollution Fight
Oct 23, 2018 | BNA Daily Environment Report
By Emily C. Dooley
That juicy, charbroiled burger you just ordered might be doing more than adding inches to your waistline. In California, flame-kissed beef patties are also fouling the air and the state is cracking down on pollution from restaurant grills.
Regulators in California’s worst pockets of air pollution are turning up the heat on restaurants: Air pollution control districts want burger places to register whether they use charbroilers, while others are offering restaurants money to switch to greener technology.
Think of that black smoke coming from the chimney of a restaurant or fast food joint. When the grease from the cooking meat falls through the grill onto a hot radiant surface, airborne particles and volatile organic chemicals are emitted into the air. Small particles can aggravate asthma and contribute to heart attacks while volatile organic compounds contribute to ozone, a lung irritant.
In some areas with bad air quality, that alone could mean Clean Air Act violations.
Hold the Pickles ... and the Particles
“It is a major source,” said Philip Fine, deputy executive officer for planning and rule development for the South Coast Air Quality Management District. “When you look at food, under-fired charbroilers is a vast majority of those emissions.”
In the San Joaquin Valley Air Pollution Control District alone, state regulators said the district needs to reduce this type of air pollution by 0.57 tons per day, spokeswoman Jaime Holt said in an email to Bloomberg Environment.
The district in June issued a rule requiring restaurants to register under-fired charbroilers, to get a sense of what is out there. The district has reached out to about 4,000 restaurants, Holt said.
Restaurants in the Bay Area Air Quality Management District already must register if at least 1,000 pounds of beef per week is cooked and on average at least 800 pounds is sold within that time period. The district didn’t respond to requests for comment.
And in 2019, South Coast will start the rulemaking process to consider regulating these beloved burger machines. An estimated 13,000 restaurants in the district have the charbroilers in question, South Coast’s Planning and Rules Manager Tracy Goss told Bloomberg Environment.
Since 2002, San Joaquin Valley has required pollution controls on chain-driven commercial charbroilers. The cost and technology have made it hard to apply the same restrictions when it comes to the under-fired systems. They can cost $30,000 to $80,000 to purchase and another $10,000 to $60,000 to install. Annual maintenance can run upwards of $100,000 at busy restaurants, according to the district.
You Can Still Have It Your Way
While regulators are trying to keep residents’ lungs clear, they’re also mindful that reducing smoke could change the burger experience.
“We don’t want to do anything that’s going to affect the look and taste of the food,” Goss said.
“It has been seen as a need but it can be really difficult,” said Sylvia Vanderspek, chief of the air quality planning branch for the California Air Resources Board. It’s a significant part of the problem in the San Joaquin Valley, she said.
While the cost is significant, alternative routes are even more costly. San Joaquin estimates that it could cost $35 million to retrofit or upgrade under-fired systems in the district. To get the same reductions in another way, the district would have to impose restrictions on other businesses that could cost up to $14 billion, Holt said.
“A lot of the businesses we’re talking about that would be affected are small mom and pops,” Fine said. “Affordability is a big issue.”
Getting buy-in hasn’t been easy.
In 2009, San Joaquin set aside $500,000 for an upgrade program but got no applications. It was upped to $750,000 and a task force was formed. One company, The Habit Burger Grill, a restaurant chain known for its charbroiled burgers, did a pilot. Smoke issues forced a temporary closure but, once resolved, the company expanded the technology to seven other restaurants, according to the air district.
Habit Burger Grill declined to comment.
Other companies, including Chipotle Mexican Grill, also installed the technology, but didn’t respond to requests for comment.
https://news.bloombergenvironment.com/environment-and-energy/burger-smoke-on-the-menu-in-californias-air-pollution-fight
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New York Port Authority May Sign on to Climate Deal Trump Dashed
Oct 23, 2018 | BNA Daily Environment Report
By Danielle Moran and Eric Roston
More than a year after President Donald Trump vowed to withdraw the U.S. from the Paris agreement on climate change, one of America’s busiest transportation systems may sign on.
Following more than a dozen states which have said they will take their own steps to curb the release of greenhouse gases despite the federal government’s stance, the Port Authority of New York and New Jersey’s board on Oct. 25 will consider cutting emissions 35 percent below 2006 pollution levels over the next eight years. By 2050, emissions should fall 80 percent below that level. New York and New Jersey are both among states that support the international targets.
“The states of New York and New Jersey have taken a leadership role in stepping up to embrace the Paris accord, given the fact that the United States has withdrawn,” said Rick Cotton, executive director of the Port Authority in an interview. “The Port Authority ought to join with the two states in embracing the Paris Accord and doing what we can do to reduce our greenhouse gas emissions.“
The Port Authority, one of the nation’s largest transportation agencies, operates New York City’s airports, shipping terminals, bridges, tunnels and the city’s bus terminal.
President Trump announced in June 2017 that the U.S would pull out of the climate accord that was signed by almost 200 countries after years of negotiations. He argued that living up to the pact’s carbon-cutting commitments would punish American industry, saying it amounted to a “massive redistribution” of wealth from the U.S. to other countries. In a 60-Minutes interview earlier this month, Trump expressed skepticism about the decades-old scientific evidence linking a warming planet to human activities.
The federal government’s withdrawal has caused states, cities and businesses to assume responsibility. At least sixteen U.S. governors have joined the U.S. Climate Alliance, which is committed to upholding Paris targets, while hundreds of businesses and local governments have joined a similar group called the We Are Still In coalition. The Port Authority will be the first public transportation agency to join that group.
We Are Still In was coordinated in part by Bloomberg Philanthropies, the charitable organization founded by Michael Bloomberg. America’s Pledge, a separate initiative designed to bring together public and private partners around climate change was founded by Michael Bloomberg. Bloomberg Environment is operated by entities controlled by Michael Bloomberg.
Science Based TargetsIn November 2017, the Port Authority signed up with an initiative called Science Based Targets, which helps close to 500 companies and organizations develop emission-reduction goals in line with what scientific research suggests is necessary to slow climate change.
In order to reach both the 2025 the 2050 goals, the Port Authority has combined ongoing greenhouse gas reducing initiatives with newer, not yet implemented plans. They include shifting to electric vehicles for all airport shuttles and half of its light duty fleet. That is expected to cut about 5,000 metric tons of greenhouse gas emissions annually, according to the authority.
The electrification of airport vehicles and equipment is likely to have a profound effect on air quality for employees and passengers. In October 2017, New York Governor Andrew Cuomo announced a $4 million federal grant to install 38 electric vehicle charging stations at John F. Kennedy International Airport. The chargers will allow JetBlue Airways Corp. to power 116 baggage tugs and belt loaders that would otherwise run on diesel.
The estimated Port Authority investment in sustainability projects is more than $150 million, according to the agency. That does not include related investments by private parties, said authority spokeswoman Alana Calmi.
The Port Authority’s announcement puts its new initiative in stark relief to the fossil-fuel driven transportation system that it serves. “You have to do what you can do,” Cotton said. “The first thing we can do is what we can control.”
https://news.bloombergenvironment.com/environment-and-energy/new-york-port-authority-may-sign-on-to-climate-deal-trump-dashed
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Chao: House Democrats Want to Fund Infrastructure Bill with Carbon Tax
Oct 24, 2018 | PoliticoPro - Whiteboard
By Sam Mintz
Transportation Secretary Elaine Chao suggested today that Democrats in the House want to link a carbon tax to an infrastructure bill being developed, but Democratic staff quickly threw cold water on the idea.
When it comes to infrastructure, "there are many, many pay-fors, but none of them have consensus. For this administration, everything is on the table. But we’re talking about gas taxes. The Democrats are talking about carbon taxes," Chao said at a White House event today.
"So the House has an infrastructure proposal that they will likely come out, that may have 100 percent financing, which is what they would like to see, and they’re looking at the carbon tax," she said.
Asked about Chao's comments, House Democratic aides said a carbon tax hasn't been part of their infrastructure plan, either formally or informally.
A senior Democratic aide said that in fact talk on infrastructure has slowed as the midterm elections approach.
Both Democrats and President Donald Trump have said infrastructure could be an issue where the two parties could find common ground if Democrats take back the House.
Brianna Gurciullo and Ben Lefebvre contributed to this alert.
https://subscriber.politicopro.com/energy/whiteboard
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EPA Further Narrows Guidance On 'Common Control' Of Facilities For NSR
Oct 23, 2018 | Inside EPA
By Stuart Parker
EPA is refining its guidance on when industrial facilities can be considered under “common control” and hence treated as one source for air permitting purposes, further narrowing the definition of control in a letter to Wisconsin air regulators to emphasize the overall “control” of one facility over another rather than a facility's polluting activities.
In the Oct. 16 letter to the Wisconsin Department Of Natural Resources (WDNR), Anna Marie Wood, director of EPA's Air Quality Policy Division, seeks to clarify and narrow a policy directive from EPA air policy chief Bill Wehrum that narrowed the circumstances when facilities may be considered under common control.
Wehrum in April sought to focus the definition of “common control” to “encompass the power or authority to dictate the outcome of decisions of another entity” with respect to “operations relevant to air pollution, and specifically control over such operations that could affect the applicability of, or compliance with, permitting requirements.” This is a more restrictive approach than that taken by the Obama EPA, which took a broader range of factors into account.
Federal regulations require that sources be aggregated into a single source if they belong to the same industrial grouping; are located on one or more contiguous of adjacent properties; and are under the control of the same person (or persons under common control). Sources aggregated as one are more likely to exceed Clean Air Act “major source” emissions thresholds that trigger potentially expensive pollution control mandates under the new source review (NSR) permit program. As a result, companies aim to avoid triggering NSR permits.
EPA under Wehrum has through a series of guidances sought to narrow the circumstances under which both facilities and projects at facilities may be aggregated, as part of its piecemeal drive to reform NSR and ease compliance for industry. Most recently, Wehrum floated Sept. 4 draft guidance aiming to narrow the scope of “adjacency,” opting to abandon the more-expansive Obama-era policy of considering factors beyond "physical proximity," such as "functional interrelatedness," in deciding whether properties are adjacent.
In an April 30 memo to Patrick McDonnell, Pennsylvania's environment secretary, Wehrum found that a landfill in the state and the landfill gas processing facility it supplies with gas should not be considered under "common control," and therefore not aggregated for the purposes of NSR.
But Wood now seeks to clarify that April decision, known as Meadowbrook, in order to recommend to WDNR that Wisconsin not aggregate a landfill and a gas-burning utility in a similar situation.
WDNR in a July 13 letter asked EPA's view on whether to aggregate the Janesville City/Rock County Landfill (JAL) and a collocated energy company, Ameresco Janesville LLC (Ameresco). The landfill supplies landfill gas (LFG) for use as fuel by Ameresco, which has a power plant located on JCL's property.
In her response, Wood echoes some themes from the Meadowbrook guidance, but also seeks to clarify it. “In the Meadowbrook Letter, EPA explained that assessments of control should focus on 'the power or authority of one entity to dictate decisions of the other that could affect the applicability of, or compliance with, relevant air pollution regulatory requirements,'” Wood writes.
Wisconsin takes the view that the sources should be aggregated because of a degree of interdependence in how they will comply with environmental requirements, including EPA's new source performance standards (NSPS) for landfills. Wisconsin finds that “JCL will be dependent on Ameresco for compliance with the monitoring and recordkeeping obligations” in the NSPS, “or that Ameresco will have power to dictate decisions that affect JCL’s compliance with relevant air pollution regulatory requirements."
Wood's Response
But Wood says the state is mistaken. The “fact that Ameresco could reasonably be determined to 'control' LFG treatment does not necessarily mean (1) that Ameresco controls other activities at the landfill (or the landfill as a whole), (2) that JCL and Ameresco are 'under common control' in a broader sense, or (3) that the entirety of the two entities’ operations must be considered a single stationary source,” she writes.
Regulators must pay attention to two distinct elements of common control, Wood writes. The “word 'control' is used in two distinct ways: first, regarding whether a person 'controls' a given activity, and second, regarding whether multiple persons are themselves 'under common control.'”
Referring to the Meadowbrook decision, Wood writes, “EPA’s informal use of the phrase 'common control' in prior EPA guidance may have inadvertently blurred these distinct elements or suggested overbroad conclusions regarding when two entities should be considered 'under common control.'”
For example, she writes, “one could have inferred that when multiple entities each exert a certain amount of 'control' over a specific activity (first part of the regulatory text), then those entities themselves should also automatically be considered 'persons under common control' (second part of the regulatory text).”
It would be “inappropriate to assume this,” Wood says. “Overall, the fact that one entity has some control over an activity that another entity also has some control over does not necessarily mean that the first entity also controls the second entity,” Wood says. And one entity must “control” the other in order for “common control” to be found, she says.
“In EPA’s view, the phrase 'persons under common control' suggests that the entities themselves are controlled from a central, unified position, such as through parent-subsidiary or other forms of corporate management relationships,” Wood writes.
But “where the overlap of control is limited to only a small portion of each entity’s otherwise separate operations, EPA does not believe such entities should themselves be considered 'persons under common control' simply by virtue of this limited nexus.”
Wood further recommends that regulators designate only one source as “controlling” a particular activity for regulatory purposes, in order to avoid “unworkable results inconsistent with basic elements of the NSR” program.
Ultimately, WDNR as the permitting authority has the responsibility to make the decision over common control of the landfill and utility, Wood says.
https://insideepa.com/daily-news/epa-further-narrows-guidance-common-control-facilities-nsr
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EPA Downplays Impact Of Rulings Undoing Stays On CWA Standard Delay
Oct 23, 2018 | Inside EPA
By David LaRoss
EPA is downplaying the impact of recent court rulings overturning stays of Obama-era rules on environmentalists' challenges to the agency's delay of the 2015 Clean Water Act (CWA) jurisdiction standard, arguing in a new defense of the delay that courts should give the agency broad authority to reconsider and set aside past rules under the water law.
In an Oct. 22 brief filed with the U.S. District Court for the Western District of Washington, EPA and the Army Corps of Engineers say a federal judge in South Carolina took too narrow a view of the agencies' legal discretion when he scrapped the delay in a separate case. The agencies jointly crafted the CWA jurisdiction rule in the Obama administration and also wrote the Trump administration rule delaying the standard's “applicability date” to 2020.
Democratic states and environmentalist groups suing over the two-year delay say EPA and the Corps failed to consider the environmental impacts of keeping the existing jurisdiction standard in place rather than the 2015 rule that they say would be more protective.
But the agencies counter that they were only required to compare the effects of the delay to the “status quo” where the Obama-era standard was under a nationwide judicial stay.
“The Applicability Rule did not change the status quo when promulgated. . . . Thus, the premise of Plaintiffs’ argument -- that full implementation of the 2015 Rule is the 'status quo' from which the Agencies departed and therefore the baseline from which any change must be measured -- was false when the 2015 Rule went into effect in August 2015, was equally false when the Applicability Rule issued in early 2018, and remains false today,” the agencies' brief says.
Further, they argue that a landmark case where the U.S. Court of Appeals for the 4th Circuit said regulatory stays must consider the likely benefits of the rule under review just as if it were a repeal action, 2012's North Carolina Growers' Association v. United Farm Workers, does not apply because the immigration rule at issue there had already been implemented prior to the Obama administration's decision to halt enforcement.
North Carolina Growers has not only been a major factor in the pending Washington case, Puget Soundkeeper Alliance and Sierra Club v. Wheeler, et al., but was also heavily cited by South Carolina district Judge David C. Norton in his Aug. 16 decision holding the delay rule to be unlawful.
“[T]he South Carolina court misread North Carolina Growers. . . . In short, there are critical differences between this case and North Carolina Growers, and this Court should not repeat the District of South Carolina’s error by expanding the holding of the latter to apply to the former,” the agencies say in their new brief.
While the South Carolina court's order applies nationwide -- meaning the 2015 CWA rule is now in effect for the 22 states with no court order barring its enforcement -- other suits are pending over the same delay, including the Puget Soundkeeper case in Washington and two parallel suits in New York.
Should Norton's decision be overturned or limited on appeal, focus would turn to those pending cases as battlegrounds over the validity of the stay.
Statutory Authority
EPA and the Corps also reiterate their arguments that courts' decisions striking down other Trump-era regulatory stays have come under other statutes that set more stringent limits on reconsiderations and delays compared to the water law.
For example, they cite the D.C. Circuit's Aug. 17 ruling in Air Alliance Houston, et al., v. EPA and Andrew Wheeler that reinstated updates to the Clean Air Act facility safety program, that the agency had stayed during its reconsideration process.
Since the air law limits stays pending reconsideration to three months, “The Court held that the agency could not 'avoid that statute’s express limitations' by delaying compliance for twenty months. No such statutory limitations apply here,” the agencies argue.
Moreover, they note that in Air Alliance Houston the court held that EPA's decision to postpone the risk management plan updates contradicted its own findings on the benefits of the new standards.
“Plaintiffs have pointed to no such contradictions in the Applicability Rule, or between that Rule and the 2015 Rule. To the contrary, vacating the Applicability Rule ensures inconsistent application of the 2015 Rule across the United States, in sharp conflict with a core purpose of that Rule: promoting regulatory 'predictability and consistency,'” the Oct. 22 brief says.
https://insideepa.com/daily-news/epa-downplays-impact-rulings-undoing-stays-cwa-standard-delay
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Kids' Climate Trial Might Be Dead. Here's What It Means
Oct 24, 2018 | E&E Climatewire
By Benjamin Hulac
There's been a flurry of activity in the lead-up to the trial in a landmark climate lawsuit brought by a group of young people against the federal government.
Our Children's Trust, which is representing the plaintiffs, has been selling T-shirts that say "YOUTH V. GOV" and "SEE YOU IN COURT." Reverends are preaching about the case from the pulpit. There's a podcast. And rallies are planned nationwide for Monday, the trial start date.
But the trial may not actually happen.
The Supreme Court temporarily stayed proceedings in Juliana v. United States last week, leaving the plaintiffs' supporters in the lurch as justices consider the case's future.
Lawyers for the plaintiffs are optimistic that the trial will still occur — "We feel good," Julia Olson, the lead attorney, said hours after filing her team's response to the stay — and are planning accordingly.
But if the trial does not happen, experts say it will mark a series of lost opportunities to galvanize national attention on climate change, educate the public about the topic, and demonstrate that the government has studied it and its risks since the middle of the 20th century.
"It would be very well-publicized; it might educate people," said Sean Hecht, an environmental law professor at the University of California, Los Angeles. "There's something newsy about covering a trial."
A group of 21 kids and young adults first brought the case against the government in 2015, arguing that its actions have denied them their right to a safe climate. They want a court-ordered mandate forcing the government to phase out fossil fuels. That the trial was even scheduled to occur was a milestone: The case survived multiple attempts by the government to dismiss it before Chief Justice John Roberts issued the stay last Friday.
David Bookbinder, chief counsel at the Niskanen Center, a libertarian advocacy group, said the trial and the ensuing spotlight from the press would be a significant moment for the climate movement.
"It would be a mainstream media boost on climate, absolutely," he said, "and that would be extremely helpful."
Hecht said the court proceedings could also serve to dispel the false notion among some in the public that climate science isn't firmly established.
"There's a popular narrative on the political spectrum that the science isn't settled, even today," he said.
The Justice Department, which represented the Obama administration when the case was filed in 2015 and now represents the Trump administration, is unlikely to dispute climate science in court (Climatewire, Oct. 12).
Still, no trial would mean no chances to press the government in front of a judge on its specific climate positions.Juliana v. United States
Holly Doremus, an environmental law professor at the University of California, Berkeley, wants to know what the government may concede on the science.
"I think it would be interesting to see what the Justice Department would do on that," Doremus said, adding that she's also curious how the government would respond about delaying efforts to address rising emissions, putting future generations at risk. "To what extent is it OK that the government chooses the present over the future?"
The plaintiffs have retained 18 expert witnesses, including Nobel Prize-winning economist Joseph Stiglitz and Gus Speth, a former Council on Environmental Quality chairman in the 1970s, to present their conclusions about the facts and dangers of climate change. The government has been planning to bring in doctors and federal researchers.
To be sure, many of the presentations might not ensnare the public, Doremus said. "I don't know that the public would grab on to those details," she added.
But Doremus and other legal experts said the trial would serve to underscore the fact climate change has historically been a nonpartisan issue.
As the case developed, Our Children's Trust researchers combed through government archives and libraries for records relevant to the suit. They dug up troves' worth of files, which translated into hundreds of court records, including some that date back to the 1950s and 1960s.
Curtis Morrison, who works as a lawyer in Los Angeles, helped lead that task. He's combed through thousands of government records on climate change in preparation for the trial.
He said he came away thinking that climate change has been established fact for longer than most people realize, and that presidents of both parties have feebly addressed it.
The records also directly and repeatedly link climate change to burning fossil fuels.
"Democratic and Republican administrations alike, to various degrees, have taken their knowledge of climate danger and nonetheless expanded their use of fossil fuels," Morrison said.
"Sometimes in the same paragraph," he added.
The plaintiffs have submitted reams of records from dozens of government agencies and time periods to the U.S. District Court for the District of Oregon, where the trial would occur.
If you want to learn about Navy climate programs in the 1990s, there is a record for that. Or perhaps the Clinton White House and its communications with industry groups are more intriguing? That's available in the court docket, too.
The bulk of these records are public. But without trial, they wouldn't be presented in conjunction with testimony from experts. Nor would they likely gain as much attention as they would under the glare of a news media spotlight.
Charlie Tebbutt, a lawyer based in Eugene, Ore., who wrote a friend-of-the-court brief in favor of the plaintiffs, said the public would lose out on an all-inclusive presentation of climate change history and knowledge.
"The whole history of knowledge of climate change," he said, "and how long we've known it for and the depth at which we've known it. And when I say we, I mean the United States government."
He continued, "All of that is ready to be told in one story."
Tebbutt is a fan of the plaintiffs and their experts, to put it mildly.
"This is the greatest assemblage of Marvel superheroes ever assembled, and they're trying to save the Earth from obvious destruction," Tebbutt said. "The only one who can stop that is Doctor Doom. Let's hope he won't."
The Justice Department today will file briefs with the Supreme Court once again arguing that the case should be quashed for good. Then it will be up to justices to decide whether the trial moves forward.
Perhaps the greatest loss without trial, experts said, will be a missed chance to humanize the price paid due to rising greenhouse gas levels.
If trial happens, the plaintiffs are expected to take the stand in court and speak about how climate change and its byproducts — storms, rising waters, drier conditions — affect them.
"The public at large might respond to concrete stories," Doremus said. "People's children and grandchildren — that might draw sort of a broader and more emotional response."
https://www.eenews.net/climatewire/2018/10/24/stories/1060104167
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