Minnesota

Christian Science Monitor: Battle Over the Clean Water Rule; What’s at Stake?

Christian Science Monitor

Battle over the Clean Water Rule: What’s at stake?

By Amanda Paulson

Just who gets to regulate America’s many seasonal streams and wetlands?

That’s a question that has long been contentious.

At the end of June, Environmental Protection Agency Administrator Scott Pruitt formally proposed revoking the Obama-era Clean Water Rule, also known as the “Waters of the US” rule, or WOTUS.

Mr. Pruitt was acting on an executive order signed by President Trump back in February. And depending on whom you talk to, the move to repeal the rule is either an environmental disaster that opens up America’s waterways to pollution and development and puts Americans’ drinking water at risk, or a common-sense action that gets rid of a rule particularly despised by many farmers, ranchers, and developers and returns regulatory authority to states.

Q: What is the rule?

The term “Waters of the United States” comes from the landmark 1972 Clean Water Act. The 2015 Clean Water Rule was designed to provide long-sought guidance on just which “navigable waters” fall under federal jurisdiction and are covered by the protections in that act.

Some waters, including permanent rivers and streams, clearly meet the definition. But many wetlands, seasonal streams, and ditches don’t necessarily qualify: They’re not connected to US waterways much of the time, even though they may ultimately feed into them.

In a 2006 US Supreme Court ruling to determine the jurisdiction, Rapanos v. United States, the court was split. Four conservative justices, led by Justice Antonin Scalia, offered a constrained definition that includes only “relatively permanent bodies of water.” Justice Anthony Kennedy concurred, but added that it should also include wetlands and intermittent streams that have a “significant nexus” to those waters – an opinion that has largely governed decisions since.

The Clean Water Rule carried over existing exemptions for things like agriculture and ranching. It has never taken effect, as lawsuits from states (including one involving Mr. Pruitt when he was Oklahoma attorney general) are working their way through the courts.

Q: What change is the EPA proposing?

The rule the EPA has put forward – currently in the 30-day comment period – would mean going back to the standards used 10 years ago. Since the Clean Water Rule is currently under a stay, it wouldn’t actually change practice on the ground.

There’s also some question about whether the repeal is fully legal – and it’s likely to be challenged in court. The EPA “can’t declare that within 30 days it’s going to stop following the law and ignore the standards that have been adopted” through long-standing administrative procedure, says Howard Learner, executive director of the Environmental Law & Policy Center, which supports the Clean Water Rule.

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Crain’s Chicago Business: House Panel Rejects Trump’s Great Lakes Cuts

House Panel Rejects Trump’s Great Lakes Cuts

By Greg Hinz

With a big assist from a bipartisan pair of lawmakers from Ohio, it looks like plans by the Trump administration to slash funding for the Great Lakes Restoration Initiative are on the way to being derailed.

As previously reported, Trump proposed cutting the program—which pays for everything from sewage treatment plants in Milwaukee and water-permeable concrete in Uptown to electronic barriers to keep Asian carp out of Lake Michigan—a whopping 97 percent. Trump aides said that and other kinds of spending have to go to make room for tax cuts to stimulate the economy.

​ But yesterday, GOP Rep. David Joyce and Democratic colleague Marie Kaptur, both from the Toledo area, convinced the House Appropriations Committee’s Subcommittee on Interior, Environment and Related Agencies to include the normal $300 million in the pending fiscal 2018 federal budget.

The action is only “a first step,” said Howard Learner, head of the Environmental Law & Policy Center here. But the full appropriations committee likely will go along with the subcommittee, and traditionally so does the full House. It’s worth noting that House Speaker Paul Ryan of Wisconsin comes from a lakefront district.

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PRESS RELEASE: ELPC Commends U.S. House Committee’s Action to Fully Fund Great Lakes Restoration Initiative

FOR IMMEDIATE RELEASE                                          Contact: Judith Nemes                                                                                                                                                       ELPC Commends U.S. House Committee’s Action to Fully Fund Great Lakes Restoration Initiative 

 STATEMENT BY HOWARD A. LEARNER

EXECUTIVE DIRECTOR, ENVIRONMENTAL LAW & POLICY CENTER

Howard Learner, Executive Director of the Environmental Law & Policy Center, said in response to the U.S. House Appropriations Interior, Environment and Related Agencies Subcommittee acting to fully fund the $300 million Great Lakes Restoration Initiative in the FY 2018 Environmental Protection Agency’s budget:

“This is a big first step forward for protecting the Great Lakes and achieving full funding for the Great Lakes Restoration Initiative. The U.S. House of Representatives’ Appropriations Committee rejected President Trump’s zeroing out FY 2018 budget funding for the Great Lakes Restoration Initiative.  With bipartisan support, the Committee restored the full $300 million of funding for the sensible and successful Great Lakes Restoration Initiative (GLRI).

“Since GLRI was launched in 2010, it has provided vital funding to protect and restore the largest system of fresh surface water in the world. GLRI projects also protect safe clean drinking water for 42 million people and support a $62 billion economy based on fishing, boating, and recreational activities.  That’s great value for all of us who live, work and play in and around the Great Lakes.

“Members of Congress across the Midwest heard loud and clear from their constituents that the Trump Administration’s completely eliminating GLRI funding in the FY 2018 is a bad idea.  We especially thank Representatives David Joyce (R-OH) and Marci Kaptur (D-OH) for their leadership in supporting the $300 million of appropriations for the Great Lakes Restoration Initiative programs.

“Unfortunately, the House Subcommittee also carries out the Trump Administration’s harsh EPA budget cuts that will compromise the EPA’s ability to advance healthier clean air and protect safe, clean drinking water protections that are vitally important to our health.   The American people deserve better protection than that for our core clean air and clean water values.”

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PRESS RELEASE: Midwest Environmental Groups Sound Alarm on Great Lakes Restoration Initiative Cuts & Line 5 Issues

FOR IMMEDIATE RELEASE                          Contact: Judith Nemes

July 6, 2017                                                                      

 

Midwest Environmental Groups Sound Alarm on Great Lakes Restoration Initiative Cuts & Line 5 Issues

ELPC & Groundwork Gathering in Traverse City Urge Attendees to Fight Back Against Trump Administration’s War on the Great Lakes 

TRAVERSE CITY, MI. – Michiganders gathered in Traverse City today to hear two Midwest environmental leaders present strategies to push back on threats to the progress of restoring the Great Lakes and safe clean drinking water. They focused on countering the Trump Administration’s proposed complete elimination of $300 million in funding for the bipartisan-supported Great Lakes Restoration Initiative in the FY 2018 budget, which has provided $2.2 billion for about 3,000 projects since its inception, and persuading Michigan policymakers to decide on an alternative to the dangerous Line 5 pipeline.

“President Trump won his election in the pivotal Great Lakes states, but his misguided policies and practices amount to a War on the Great Lakes,” said Howard Learner, Executive Director of the Midwest-based Environmental Law & Policy Center. “The Trump Administration is eliminating funding for the sensible and successful Great Lakes Restoration Initiative, rolling back Clean Water standards and reconsidering the additions to the Thunder Bay National Marine Sanctuary in Lake Huron. The Trump Administration doesn’t seem to understand how much Michiganders care about protecting the Great Lakes where we live, work and play, and which provides safe clean drinking water for 42 million people.”

Hans Voss, Executive Director of Traverse City’s Groundwork Center for Resilient Communities and a leader in the campaign to protect the Great Lakes from an oil spill from the Line 5 pipeline, urged attendees to comment this month on safer alternatives proposed by the State Pipeline Safety Advisory Board.

“The time for state decision-makers to study and debate what to do about the Line 5 pipeline is over,” said Voss. “Now is the time for citizens to speak up and push for lawmakers to shut down the pipeline once and for all.”

The gathering took place at the Bluewater Event Center in Traverse City.

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Reuters: ELPC’s Learner Says EPA Rollback of Clean Water Rule Imperils Safe Clean Drinking Water

Reuters
EPA and Army Corps seek to rescind clean water rule
June 27, 2017
By Valerie Volcovici 

The U.S. Environmental Protection Agency and Army Corps of Engineers released a proposal on Tuesday to repeal the 2015 Clean Water Rule, the latest move by the Trump administration to unwind environmental regulations put in place under former President Barack Obama.

The agencies are working to rescind the rule, known as the Waters of the United States rule, and reinstate the language of the rule before it was changed in 2015.

“We are taking significant action to return power to the states and provide regulatory certainty to our nation’s farmers and businesses,” EPA Administrator Scott Pruitt said.

In 2015, EPA and the Army Corps issued what they called the Waters of the United States rule to clarify which bodies of water should be regulated under the Clean Water Act.

The act, passed in 1972 and last amended in 1987, is intended to protect the nation’s waters from pollution.

In February, President Donald Trump said during the signing of an executive order calling for a review of the rule that the act should apply only to navigable waters that affect interstate commerce.

Some lawmakers from states with large rural areas praised the move.

“Out of state D.C. bureaucrats shouldn’t impose regulations that hurt Montana farmers, ranchers and landowners,” said the state’s Republican senator, Steve Daines.

Environmental groups criticized the move, saying it ignores public input and would put parts of the country like the Midwestern Great Lakes at risk.

“This foolish rollback of clean water standards rejects years of work building stakeholder input and scientific data support, and it imperils the progress for safe clean drinking water in the Midwest,” said Howard Learner, executive director of the Environmental Law & Policy Center.

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Think Progress: ELPC’s Learner Calls Possible Shutdown of EPA Region 5 Office in Chicago “Tone Deaf and Foolish”

ThinkProgress
Chicago Staff Want a Meeting with EPA Head After Leaked Report Targets Their Office for Closure
by Mark Hand

Environmental Protection Agency employees in Chicago are asking Administrator Scott Pruitt to take the time to meet with them on Wednesday after he visits a nearby Superfund site across the border in northwest Indiana where the federal agency is working to address widespread lead contamination.
The employees want to discuss rumors that the Trump administration plans to close the Chicago Region 5 office. Reports surfaced last weekend that the Region 5 office would be one of two EPA regional offices closed to meet the administration’s budget-cutting goals for the agency.
Pruitt reportedly is expected to attend a Chicago Cubs baseball game rather than meet with employees from the office, which could be consolidated with the agency’s Region 7 office in Kansas. The identity of the other regional office targeted for closure has not been released or leaked.

If Pruitt opts to skip the baseball game, the union that represents the 1,000 employees in the EPA’s Region 5 office, the American Federation of Government Employees Local 704, would want to discuss what it describes as “devastating cuts he and the Trump administration have proposed.”

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Midwest Energy News: ELPC’s Learner Says Volkswagen Settlement Funds Will Help Transition to Cleaner Transportation, Reduce Impact of Climate Change

Advocates Hoped for More Volkswagen Funds for EVs to be Directed to Midwest

By
Andy Balaskovitz and Kari Lydersen

Advocates pushing to expand electric vehicle adoption across the Midwest are “a little disappointed” in the selection of U.S. cities to receive funding for EV infrastructure under last year’s Volkswagen settlement.

Chicago was among 11 major U.S. metropolitan areas — and the only one in the Midwest — selected to receive money under a federal consent decree as a result of Volkswagen’s cheating on emissions tests and deceiving consumers about its diesel engines. The plan will be overseen by Electrify America, a Volkswagen subsidiary established to oversee the $1.2 billion that will be spent over the next 10 years on zero-emission vehicle infrastructure and education.

While they applauded Chicago’s selection, clean energy groups are underscoring the importance of the Midwest in a national transition to electric vehicles, and the importance of collaboration between utilities and other investors in this transition.

The $1.2 billion will be spent in $300 million increments over four 30-month cycles, and it’s possible more Midwest cities will receive attention in the coming years.

Major highway corridors in the region — including interstates 80, 75, 94 and 90 — were also selected to receive EV charging stations under the first funding cycle, though details about where those will be located are not yet available.

“We made the case that a number of cities in the Midwest — the Detroit area, Columbus (Ohio), Minneapolis/St. Paul and arguably some others — have been doing significant work around promoting electric vehicles and would have been other good places for Volkswagen to invest,” said Charles Griffith of the Ann Arbor, Michigan-based Ecology Center.

‘More than just Chicago’

The Ecology Center and other nonprofits recently formed Charge Up Midwest to promote and seek funding for EV adoption in the region. One of Charge Up Midwest’s first projects was obtaining funding from the Volkswagen settlement.

“We would have liked to see more than just Chicago selected as one of the communities,” Griffith said.

Other critics have said the settlement agreement gives Volkswagen a leg-up in the electric vehicle market and that the company will be able to control where infrastructure is located to improve its bottom line.

The other cities selected in this first cycle — New York City, Washington D.C., Portland, Oregon, Boston, Seattle, Philadelphia, Denver, Houston, Miami and Raleigh, North Carolina — were chosen largely based on anticipated EV demand.

Michigan and the Detroit region in particular seemed like a good candidate based on the number of EV registrations there and of major U.S. automakers’ interest in breaking into the sector, Griffith said. The state of Michigan also made a separate pitch to Volkswagen for EV funding.

Also, Columbus — which was selected last year for a $50 million Smart City grant from the U.S. Department of Transportation — has been making strides in the clean transportation sector, he said.

“There’s no explanation (in the announcement) about why that wasn’t convincing enough,” Griffith said of the two cities.

According to the plan, Chicago was chosen because of its existing leadership on EVs, including a $14 million city EV program and the electrification of city buses, and because of its relatively dense population, commuting patterns and consumer interest in EVs. The city was chosen despite past troubles with its EV program, including the indictment for fraud of the owners of the provider the city hired, 350green.

“Electrify America notes that it was not able to select every metropolitan area that submitted a strong proposal, but it intends to expand its Community Charging investments into metro areas with supportive government policies and strong utility integration in future investment cycles,” the announcement says.

A new front

Howard Learner, executive director of the Environmental Law & Policy Center in Chicago, described electric vehicles and transportation more generally as the most important new front in the battle against climate change, since so many coal plants including two in Chicago have shut down in recent years.

“Because of the transition of the electricity sector with coal plants shutting down and more wind power, solar power and energy efficiency coming into the market as well as lower-priced natural gas, transportation is now the largest sector in terms of carbon pollution in the U.S.,” Learner said.

“It’s time for those of us who are interested in accelerating carbon pollution reduction to focus more attention and get more serious about the opportunities for progress in the transportation sector,” he added. “The advent of hybrid vehicles and electric cars is potentially as transformative to the transportation sector as wireless technologies have been to telecommunications and as solar and wind plus storage have been to the electricity sector.”

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ELPC Statement on Proposed Rollback of Fuel Economy Standards

FOR IMMEDIATE RELEASE

March 15, 2017

Contact:

Judith Nemes

David Jakubiak

Trump Administration’s Rollback of Fuel Economy Standards Is Misguided

Rolling back common sense fuel efficiency standards will cost people more at the gas pump, increase pollution, and reduce America’s technological innovation leadership and global competitiveness

STATEMENT BY HOWARD A. LEARNER
EXECUTIVE DIRECTOR, ENVIRONMENTAL LAW & POLICY CENTER

Howard Learner, Executive Director of the Environmental Law & Policy Center, said in response to President Trump’s announcement that his administration will reverse the schedule in place for U.S. automakers to adopt improved fuel economy and pollution reduction standards by 2025:

“The misguided rollback of the CAFE fuel economy standards moves America in the wrong direction. The Trump rollback will force consumers to pump gas more often, result in more pollution that harms public health, and weaken American technological innovation leadership and competitiveness. The U.S. will import more foreign oil, which weakens our national security.”

“The Phase 2 CAFE fuel efficiency standards drive automakers to accelerate technological innovation and supports American manufacturing jobs. This is smart, common sense policy that has been adopted after many technical studies and input from a wide range of stakeholders. The United States should not voluntarily cede our technology innovation leadership to Asian and European automakers.”

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ELPC Statement on Proposed U.S. EPA Budget

FOR IMMEDIATE RELEASE                                                     

February 28, 2017

Contact: Judith Nemes 

Trump’s Proposed U.S. EPA Drastic Budget Cuts Put Great Lakes, Safe Drinking Water, Public Health At Risk

Reckless Funding Cuts for Protecting Clean Water and Clean Air Will Hurt Midwest Communities

STATEMENT BY HOWARD A. LEARNER

Executive Director, Environmental Law & Policy Center

Howard Learner, Executive Director of the Environmental Law & Policy Center, said in response to the White House’s proposal to slash U.S. EPA funding for vital clean water and clean air programs:

“The Trump Administration’s drastic cuts to the U.S. EPA’s budget would weaken vital protections for healthy clean air and safe drinking water that all Americans care about.  Americans rely on the U.S. EPA to help protect them from dangerous air pollution and unsafe drinking water, but President Trump’s drastic budget cuts impede necessary protections for core environmental and health values and responsibilities.”

“EPA’s clean water grants to state and local agencies help prevent water pollution problems and protect clean, safe drinking water for all.  EPA’s work to protect healthy clean air is vital to reducing asthma and respiratory problems that harm both at-risk elderly and young people.  EPA’s work to reduce mercury pollution is vital to protect children’s health and make it safe to eat the fish we catch in the Great Lakes and inland lakes and rivers.”

Midwest Energy News: ELPC’s Energy Supply Report Links Job Growth in Minnesota to Solar Program

Midwest-Energy-News-LogoReport Cites Clean Energy Growth as Minnesota Legislators Push to Eliminate Solar Program
February 2, 2017
By Frank Jossi

A new report aims to persuade Minnesota legislators that clean energy is a strong part of Minnesota’s economy.

Minnesota has 131 companies in the supply chains of the wind and solar industries, according to the report, “Minnesota Wind Power & Solar Energy Supply Chain Businesses: Good for Manufacturing Jobs, Good for Economic Growth and Good for Our Environment,” released today by the Environmental Law and Policy Center.

The report shows “a lot of Minnesota companies are growing and expanding because of our renewable energy policies and there are companies coming to Minnesota because of them,” said Rep. Melissa Hortman, who is the Democratic House Minority Leader.

The report does not directly connect to bills under consideration but instead offers statistics and a narrative describing how the state has become a national leader in clean energy.

Several Republican bills under review in the legislature could potentially slow the spread of clean energy, according to renewable advocates.

Among them is an effort to end the state’s Made in Minnesota solar photovoltaic panel production incentive program. Another bill would remove state regulatory oversight of fixed fees in areas served by cooperatives and municipally owned utilities.

The document includes supply chain maps of solar and wind companies that reveal they operate in each of the state’s congressional districts, including those currently represented by Republicans locally and nationally, he said. The majority are in the Twin Cities and surrounding suburbs.

The ELPC had been working on the report for months to showcase that the growth of solar and wind industries in the state has been “good for jobs, good for the economy and good for the environment in Minnesota, and we have the data to prove that,” said Howard Learner, president and executive director of the ELPC.

The dispersion of jobs throughout the state reveals that “renewable energy development offers job creation and economic development everywhere and is a non-partisan issue,” he said. “You see that development in every congressional district in Minnesota.”

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