Back to the 1950s?

1. Back to the 1950s? The Trump Administration’s Environmental Policy

2. Concerns with administration environmental policy

3. 1. “Bad Hombres”

4. 2. Rolling Back Obama’s Regulations • Executive orders • Congressional Review Act • Actions by Department Heads

5. How CRA Works • Any rule issued in last 60 “legislative days” of outgoing administration can be wiped out • No filibuster, no committee consideration • Cannot be revived in same form by the agency

6. Rules Wiped Out by CRA • Rule preventing coal mining companies from dumping debris in streams • Update of public land planning process • Ban on hunting wolves, grizzly bears and their young in Alaskan wildlife refuges

8. Executive orders against environmental protections • Review/eliminate the “Waters of the United States rule” (scope of CWA jurisdiction) • “Immediate re-evaluation” of the Clean Power Plan (CO2 emissions) • Review of ban on offshore drilling on Atlantic coast, Alaskan waters (OCSLA) • Review limits on methane emissions from new oil and gas drilling sites • Review all national monuments created since 1996 (Antiquities Act)

9. What’s in play with these orders

10. Regulatory “Reform” EO 13777 EO 13771 “Buy one rule, lose two” New rule must “fully offset the total incremental cost” of new rule Regulations and guidance cannot impose total costs greater than zero • “Alleviate unnecessary regulatory burdens” • Task force to recommend existing regs to repeal

11. Actions by agency heads • Cancel requirements for reporting methane emissions (Pruitt) • Revise EPA risk analysis finding Chlorpyrifos can harm fetal brains and nervous systems (Pruitt) • Lift 3-year freeze for new coal leases on public lands (Zinke) • Roll back compliance and re-evaluate limits on water discharges of toxins from power plants • Review fuel efficiency standards for cars and trucks (Pruitt, DOT)

12. Huge cuts in environment-related agencies (EPA 31%, DOE24%, DOI 13%, NOAA 16%) • Cuts EPA core science program (ORD) 48% • Eliminates ~50 programs (e.g., Clean Power Plan, endocrine disruptor screening) • Cuts Superfund by 30% • Defeated by opposition in Congress; funding about level until September

13. “America First” Budget Puts Great Lakes Last • Zero out Great Lakes Restoration Initiative • Cut funding for state administration of federal programs 44.5% • Merge GLNPO into Kansas City office

14. What the GLRI has brought to WNY • Grants to one local organization, BNRK, total of $9,556,932 • Remediation of the Buffalo River • Habitat improvements on Niagara River, Gill Creek, 18 Mile Creek • Fish advisory improvements

15. 6. No News Is Good News

16. A broad and deep assault on 50 years of environmental protectionswhat are the possibilities for resistance?

17. 1. The Streets

18. “We need a movement, not a march”

19. 2. The States • California writes tougher rules for vehicle air pollution than national standards—and a dozen states follow it • California has more clean energy jobs than the country has coal jobs • California leads the nation in rate of job growth • New York has passed a landmark environmental budget bill • RGGI for northeast states

20. 3. The Courts • Judicial review • Citizen enforcement (CAA, CWA, etc.) • Private law (tort, public trust)

21. Most Executive Branch actionscan be challenged for-- • Violating the constitution • Inconsistency with statutes • Inadequate factual support and analysis

22. Private damages and enforcement

23. 4. ElectionsMargins of Victory in Great Lakes Clinton Trump Michigan 0.23% Pennsylvania 0.72% Wisconsin 0.76% Ohio 8.1% Indiana 19.9% • Minnesota 1.52% • Illinois 17.0% • New York 22.5%

24. 5. The Market Economy • Lower oil prices make offshore drilling unattractive • Shifts to renewables, low-carbon enrgy continue • Foreign market participation • Corporate sustainability • Apple powers 96% of its global operations with renewables

25. 6. The Truth

26. We have maybe ten years.Is that enough?