Federal Actions on Climate Change and Environmental Justice

1. Fact Sheet: Federal Actions on Climate Change andEnvironmental Justice January 20, 2017 through March 28, 2017Prepared by the 350Brooklyn Research Team The Trump administration has undertaken a radical restructuring of the way the federal government handles environmental problems based on the assumption that environmental regulation and economic efficiency are in conflict. The deregulation of environmental protections may provide a stimulus to some businesses in the short term but will cause significant problems in the long term. The consequences of unchecked climate change will fall first upon the most vulnerable among us; ultimately we all need to preserve conditions that allow us to live healthy lives. The following is a list of potentially devastating deregulatory measures that have been instituted since Trump’s inauguration. For clarity, they have been grouped into those that will directly exacerbate climate change, those that block the collection and circulation of information necessary to intelligent action on climate change, and those that threaten human health and/or the environment. Trump, his administrative appointees, and key Republican members of Congress have been clear that they oppose actions to forestall climate change and to protect the environment, and their actions since January 20 have borne them out.

2. 1. Laws, regulations, and administrative actions that will allow for an increase in greenhouse gas emissions and hence exacerbate global climate change. January 31: Department of Energy withdrew a rule intended to establish energy standards for manufactured housing. This followed President Trump’s memorandum calling for a freeze on new and recent regulations pending a review. http://columbiaclimatelaw.com/resources/climatederegulation- tracker/ February 3: The House passed a resolution to repeal the Bureau of Land Management’s regulation of methane. The BLM’s regulation applied to oil and natural gas drilling on federal and tribal lands. The resolution now goes to the Senate. Trump has stated that he will sign it. http://columbiaclimatelaw.com/resources/climate-deregulation-tracker/ February 8: Army Corps of Engineers granted an easement allowing the construction of the Dakota Access Pipeline to go forward. This is a reversal of a prior decision by the Corps to require a full Environmental Impact Study before issuing a decision. The reversal followed a Trump presidential memorandum instructing the Secretary of the Army to expedite the pipeline’s construction. http://columbiaclimatelaw.com/resources/climate-deregulation-tracker/

3. February 16: Trump signed legislation ending the Stream Protection Rule. The rule was intended to protect waterways from coal mining waste; voiding it was amajor objective of the coal industry. The absence of the rule encourages the expansion of coal production. http://thehill.com/policy/energy-environment/319938-trump-signs-bill-undoing-obama-coal-mining-rule March 20: Department of Energy postponed five energy and conservation rules. These would have affected walk-in coolers and freezers, central air conditioners andheat pumps, compressors, ceiling fans, and construction standards for federal buildings. http://columbiaclimatelaw.com/resources/climate-deregulation-tracker/ March 24: State Department approved the Keystone XL Pipeline project, giving a presidential permit to TransCanada to continue building. The Keystone pipeline system transports heavy crude oil from the tar sands of Alberta, Canada, to refineries in the United States. The segment affected by this permit would run through Montana, South Dakota, and Nebraska en route to refineries on the Gulf Coast. https://www.nytimes.com/2017/01/24/us/politics/keystone-dakota-pipelinetrump.html?_r=0

4. March 28: Trump issued Executive Order 13783 directing the Environmental Protection Agency to rewrite the Clean Power Plan. The Clean Power Plan, issued by Obama in 2015, would have closed hundreds of coalfired power plants, frozen the construction of new ones, and replaced them with utility scale wind and solar power facilities. Besides its impact on shifting from coal to renewables, the Clean Power Plan addressed other sources of greenhouse gas emissions. https://www.nytimes.com/2017/03/28/climate/trump-executive-order-climatechange.html https://www.federalregister.gov/documents/2017/03/31/2017-06576/energyindependence-and-economic-growth-promotion-efforts-eo-13783

5. 2. Laws, regulations, and administrative actions that block the collection and/or circulation of information on climate change, information that would inform effective action. February: The Environmental Protection Agency removed references to climate change and to its commitment to reliance on science from its website. Scott Pruitt, a climate change denier, was sworn in as Director of the EPA on Feb 17. https://newrepublic.com/article/141174/epas-science-office-removed-science-missionstatement February: State Department changed its website to downplay international efforts to combat climate change. The changes follow immediately upon the February 1st swearing in of Rex Tillerson as Secretary of State. http://www.climatecentral.org/news/state-dept-climate-change-web-page-21272 Feb. 7 (House) & March 17 (Senate): Congress repealed the Bureau of Land Management Planning 2.0 Rule. The rule was intended to increase the BLM’s ability to respond to changing conditions on public land caused by climate change based on the latest scientific data. The repeal awaits Trump’s signature. http://columbiaclimatelaw.com/resources/climate-deregulation-tracker/

6. March 2: Environmental Protection Agency withdrew its request that the Oil and Gas Industry submit data on methane and other harmful emissions. The data was intended to help the EPA determine how best to reduce greenhouse gas emissions produced by oil and natural gas drilling, transportation, processing, and storage. http://columbiaclimatelaw.com/resources/climate-deregulation-tracker/ March 21: Federal Highway Administration postponed a rule that would establish greenhouse gas reporting standards for federal highway projects. The FHA was following President Trump’s directive of January 20 ordering agencies to freeze the implementation of new and proposed regulations. http://columbiaclimatelaw.com/resources/climate-deregulation-tracker/

7. 3. Laws, regulations, and administrative actions that obscure the impact of government or business activities on human health and/or the environment, or allow impacts on human health and the environment to be ignored. January 24: Trump issued a Presidential Memorandum to the heads of federal agencies directing them to streamline the process of permitting and regulating domestic manufacturing. This action is intended to expand existing domestic manufacturing and to support the development of new manufacturing with diminished attention to consequent impacts on health or the environment. https://www.federalregister.gov/documents/2017/01/30/2017-02044/streamliningpermitting-and-reducing-regulatory-burdens-for-domestic-manufacturing January 26: Small Business Administration withdrew a proposed rule to apply Federal Risk Management Standards to Disaster Loan Programs. The rule was intended to increase resilience in the face of climate change-induced flooding. http://columbiaclimatelaw.com/resources/climate-deregulation-tracker/ Jan 30: Trump issued Executive Order 13771 on reducing regulations. The order requires that any federal agency issuing a new regulation simultaneously repeal two existing rules or regulations, and that any costs associated with the new regulation be offset by eliminating costs associated with existing regulations. The effect will be to impede regulations affecting human health and the environment. https://www.federalregister.gov/documents/2017/02/03/2017-02451/reducing-regulationand-controlling-regulatory-costs

8. February 24: Trump issued Executive Order 13777 directing all Federal agencies to establish Regulatory Reform Task Forces. The task forces are charged with reviewing existing regulations and recommend repeal or modification of those judged to negatively affect the US economy or jobs. Criteria for evaluation do not include the effect on health or the environment. http://columbiaclimatelaw.com/resources/climate-deregulation-tracker/ February 28: Trump issued Executive Order 13778 requiring the EPA to redefine “navigable waters” under to Clean Water Act to exclude coastal wetlands. This regulatory action would allow previously protected wetlands to be dredged and/or backfilled in preparation for development. https://www.federalregister.gov/documents/2017/01/30/2017-02044/streamliningpermitting-and-reducing-regulatory-burdens-for-domestic-manufacturing March 1: House passed the SCRUB Act. The SCRUB Act requires each federal agency to find and nominate for repeal any of its regulations that are judged to impair domestic economic competitiveness or impair US companies’ ability to compete internationally. There is no regard for the impact of such regulations on health or the environment. The bill now awaits Senate approval. http://columbiaclimatelaw.com/resources/climate-deregulation-tracker/

9. March 16: Environmental Protection Agency delayed implementation of an amendment to the Risk Management Program that would improve safety at chemical manufacturing plants. EPA Administrator Scott Pruitt acted in response to a request from chemical manufacturers. https://www.epa.gov/rmp/final-amendments-risk-management-program-rmp-rule https://www.nrdc.org/trump-watch/trump-makes-chemical-plants-unsafe-again