Tag: Andrew Wheeler

Trump Administration Cuts Back Federal Protections For Streams And Wetlands

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The Environmental Protection Agency is dramatically reducing the amount of U.S. waterways that get federal protection under the Clean Water Act — a move that is welcomed by many farmers, builders and mining companies but is opposed even by the agency’s own science advisers.

EPA Administrator Andrew Wheeler, who announced the repeal of an earlier Obama-era waterrule in September, chose to make the long-anticipated announcement Thursday in Las Vegas, at the National Association of Home Builders International Builders’ Show.

“All states have their own protections for waters within their borders, and many regulate more broadly than the federal government,” Wheeler told reporters on a conference call before the announcement.

“Our new rule recognizes this relationship and strikes the proper balance between Washington, D.C., and the states,” he added. “And it clearly details which waters are subject to federal control under the Clean Water Act and, importantly, which waters falls solely under the states’ jurisdiction.”

The biggest change is a controversial move to roll back federal limits on pollution in wetlands and smaller waterways that were introduced less than five years ago by President Barack Obama.

The Obama executive action, which broadened the definition of “waters of the United States,” applied to about 60% of U.S. waterways. It aimed to bring clarity to decades of political and legal debate over which waters should qualify.

However, various business interests painted the regulation as a massive federal overreach. Within weeks after the change was announced in May 2015, 27 states sued to block it. At the time, Texas Attorney General Ken Paxton, a leading critic, called the new rule “so broad and open to interpretation that everything from ditches and dry creek beds to gullies to isolated ponds formed after a big rain could be considered a ‘water of the United States.’ “

The revised rule announced Thursday states that ephemeral bodies of water — those that form only after rainfall or that flow only part of the year and dry up at other times — are among those that are not subject to federal control. This exception also applies to waste treatment systems, groundwater, prior converted cropland and farm watering ponds.

It also identifies four categories that are federally regulated under the Clean Water Act: large navigable waters such as the Mississippi River, tributaries, lakes and ponds, and major wetlands.

“This isn’t about what is an important water body. All water is important. This is about what waters Congress intended for the agencies to regulate,” Dave Ross, assistant administrator of the EPA’s Office of Water, told reporters on the conference call. “And we have clearly established those lines.”

However, the revision has also encountered broad criticism. As the proposed rollback was taking shape last year, 14 states sued the EPA over the impending rule change, saying it “ignores science and the law and strips our waters of basic protections under the Clean Water Act.”

In a draft letter posted online late last month, the 41-member EPA Science Advisory Board, which is made up largely of Trump administration appointees, said the revised definition rule “decreases protection for our Nation’s waters and does not support the objective of restoring and maintaining ‘the chemical, physical and biological integrity’ of these waters.” The letter is signed by the board’s chair, Michael Honeycutt.

Gina McCarthy, the EPA administrator under Obama who implemented the 2015 regulation, is among the revision’s most vocal critics. Now president and CEO of the nonprofit Natural Resources Defense Council, McCarthy slammed Thursday’s announcement.

“So much for the ‘crystal clear’ water President Trump promised. You don’t make America great by polluting our drinking water supplies, making our beaches unfit for swimming, and increasing flood risk,” McCarthy said in a statement.

“This effort neglects established science and poses substantial new risks to people’s health and the environment. We will do all we can to fight this attack on clean water. We will not let it stand.”

In a speech on Sunday at the American Farm Bureau Federation’s annual gathering in Austin, Texas, Trump hinted at the change, calling the 2015 Obama rule “one of the most ridiculous regulations of all.”

“That was a rule that basically took your property away from you,” he said. “As long as I’m president, government will never micromanage America’s farmers.”

He said the new regulations would “allow states to manage their water resources based on their own needs and what their farmers and ranchers want.”

When Trump first proposed the new rule in late 2018, Randy Noel, then chairman of the National Association of Home Builders, told NPR that “I’m pretty excited about it because we hadn’t had any lots to build on.”

Noel lives in south Louisiana, an area with a lot of wetlands. He said developers were running scared because it wasn’t ever clear which wetlands were federally regulated and which weren’t. “Hopefully, this redefinition will fix that,” he said.

But Janette Brimmer, with the legal advocacy group Earthjustice, said in a statement that under the new rule, “few protections will remain to stop polluters from dumping toxic byproducts into our waters.”

The kinds of ephemeral waterways now excluded from federal regulation under the revamped rule make up a large part of the waterways in the arid Southwest and states such as New Mexico.

Rachel Conn, the project director with Amigos Bravos, a New Mexico-based conservation group that focuses on water issues, says those ephemeral streams are important to bigger water systems though, like the Rio Grande.

“And it is from these bigger systems that close to 300,000 New Mexicans receive their drinking water,” she says.

Trump ordered a review of the nation’s waterways barely a month after taking office. He said at the time that while clean water was “in the national interest,” it must be balanced against “promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.”

Since taking office, Trump has aggressively sought to roll back environmental regulations, particularly those seen as an obstacle to business. According to an analysis by The New York Times that was updated a month ago, the administration has revised or eliminated more than 90 environmental rules in the past three years, although several were reinstated following legal challenges and several others are still in the courts.

[NPR]

Trump’s EPA Just Made Its Final Decision Not to Ban a Pesticide That Hurts Kids’ Brains

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On Wednesday, the United States Environmental Protection Agency doubled down on one of the most controversial environmental deregulation moves of the Trump presidency. Under pressure from a looming court-ordered deadline, the EPA reaffirmed its 2017 decision to reject a proposal from the agency’s own scientists to ban an insecticide called chlorpyrifos that farmers use on a wide variety of crops, including corn, soybeans, fruit and nut trees, Brussels sprouts, cranberries, broccoli, and cauliflower. 

Here’s background from my piece in 2017:

The pesticide in question, chlorpyrifos, is a nasty piece of work. It’s an organophosphate, a class of bug killers that work by “interrupting the electrochemical processes that nerves use to communicate with muscles and other nerves,” as the Pesticide Encyclopedia puts it. Chlorpyrifos is also an endocrine disrupter, meaning it can cause “adverse developmental, reproductive, neurological, and immune effects,” according to the National Institutes of Health.

Major studies from the Mount Sinai School of Medicine, the University of California-Davis, and Columbia University have found strong evidence that low doses of chlorpyrifos inhibits kids’ brain development, including when exposure occurs in the womb, with effects ranging from lower IQ to higher rates of autism. Several studies—examples here, here, and here—have found it in the urine of kids who live near treated fields. In 2000, the EPA banned most home uses of the chemical, citing risks to children.

And here’s the dirt on the relationship between President Donald Trump and the company that markets the chemical:

Dow AgroSciences’ parent company, Dow Chemical, has also been buttering up Trump. The company contributed $1 million to the president’s inaugural committee, the Center for Public Integrity notes. In December, Dow Chemical Chairman and CEO Andrew Liveris attended a post-election Trump rally in the company’s home state of Michigan, and used the occasion to announce plans to create 100 new jobs and bring back another 100 more from foreign subsidiaries. Around the same time, Trump named Liveris chair of the American Manufacturing Council, declaring the chemical exec would “find ways to bring industry back to America.” (Dow has another reason beside chlorpyrifos’ fate to get chummy with Trump: its pending mega-merger with erstwhile rival DuPont, which still has to clear Trump’s Department of Justice.)

Since the 2017 chlorpyrifos decision, the administration has approved the Dow-Dupont merger, and named several former Dow execs to high posts within the US Department of Agriculture.

Meanwhile, Hawaii, California, and New York have all announced plans to phase out use of chlorpyrifos in farm fields. 

Here’s information from the US Geological Survey on where chlorpyrifos is used:

pesticide use map

[Mother Jones]

EPA chief attacks the media in speech to agency science advisers

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The head of the Environmental Protection Agency (EPA), Andrew Wheeler, chose to go “off script” Wednesday morning when he warned the agency’s Science Advisory Board (SAB) against trusting the media.

“I caution you to be careful what you read in the media,” Wheeler said, concluding his remarks to the public meeting — the first time the SAB has meet in a year.

Wheeler was specifically referring to a tweet by Yahoo News journalist Alexander Nazaryan on Monday which quoted Wheeler telling the National Press Club, “‘The media does a disservice to the American public’ by reporting on global warming, says EPA head Andrew Wheeler. Wants more positive coverage.”

And indeed, on Monday, Wheeler did take time to list five things he believes the press “consistently gets wrong” — this included reporting that the environment is getting worse. Instead, the press should be talking more about how it’s been getting better since the 1970s, Wheeler argued.

Nazaryan’s tweet was quickly circulated around the internet, including by a New York Times journalist and the Sierra Club. In response, the EPA sent out a press release stating that the tweet was “misleading,” and accused the Yahoo journalist of choosing to “deliberately spread false information on Twitter.”

This argument was reiterated on Wednesday by Wheeler, who said the fact that the Sierra Club started promoting the tweet made him wonder whether the media and environmental groups were “colluding” for fundraising purposes.

Under the Trump administration, however, the EPA has actively worked to rollback environmental protections, often in line with fossil fuel or other industry interests. Most recently this includes challenging the underlying risk calculations that support clean air rules.

The media has played a critical role in reporting on, and investigating, not just these various policy decisions but also potential ethics controversies and conflicts of interest plaguing the agency.

But Wheeler urged scientists not to trust the media and come to him or other top EPA officials if they had questions or concerns.

This isn’t the first time that the Trump administration’s EPA has “fact-checked” the media or been antagonistic toward reporters. Last year, reporters from major news outlets, including the Associated Press and CNN, were banned from attending a summit on harmful chemicals; one journalist was even forcibly removed by security.

And in September 2017, the EPA’s press office sent out a press release titled “EPA Response To The AP’s Misleading Story,” which accused AP reporter Michael Biesecker of writing an “incredibly misleading story” about Superfund sites and Hurricane Harvey. (The EPA did not, however, contradict any facts in Biesecker’s story.)

Meanwhile, the EPA has used articles written by climate science deniers, including the Heartland Institute and the Daily Caller, as their own press releases rather than citing expert staff members — a move which the National Association of Science Writers labeled “unprofessional” and “unethical.”

All of this is part of the larger confrontational relationship with the press promoted by President Donald Trump, who consistently calls media “fake news” and has repeatedly encouraged violence against the media.

[ThinkProgress]

Trump’s pick for EPA already rolling back climate change protections

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Andrew Wheeler, the former coal lobbyist who is now acting administrator of the Environmental Protection Agency, was a “driving force” behind the agenda of Sen. James Inhofe, who called climate change a “hoax,” according to people familiar with Wheeler’s work for the senator.

President Donald Trump has said he intends to nominate Wheeler as the head of the EPA, and in the past five months as acting administrator, Wheeler has moved aggressively to roll back key environmental regulations, prompting critics and environmentalists to say he is fast confirming their worst fears for the agency’s future.

Inhofe, an Oklahoma Republican, is an outspoken climate change skeptic who was at different times chairman and ranking member of the Senate Committee on Environment and Public Works. Inhofe told CNN last year the EPA was “brainwashing our kids,” and famously once brought a snowball onto the Senate floor to demonstrate his belief that global warming isn’t real.

Inhofe said in a 2003 Senate speech, “I have offered compelling evidence that catastrophic global warming is a hoax,” adding, “the claim that global warming is caused by man-made emissions is simply untrue and not based on sound science.”

Wheeler worked for Inhofe for 14 years, and was his chief counsel and staff director. In that role, Wheeler would have overseen hearings Inhofe held and approved reports Inhofe issued claiming humans have no direct impact on climate change, according to the sources, who asked not to be identified for fear of retribution. In videos of committee hearings at the time, Wheeler is often seen whispering in Inhofe’s ear and handing him paperwork. In the 2008 “Almanac of the Unelected,” Wheeler’s job is described as “to work on (Inhofe’s) agenda for the committee.”

At a Washington Post forum last week, Wheeler said, “I believe … that man does … have an impact on the climate. That CO2 has an impact on the climate and we do take that seriously.” At the same forum, he admitted he had not read the climate change report released by his agency, which outlined dire warnings of the impact of global warming.

Elizabeth Gore, who was chief of staff for Sen. Byron Dorgan, a North Dakota Democrat, and is now a senior vice president at the Environmental Defense Fund, told CNN that Wheeler “was very high profile, he was a driving force behind Inhofe’s very dangerous agenda to attack climate change and undermine the policies that would protect us from carbon pollution.”

Wheeler declined CNN’s request for an interview, but in a statement the EPA said in part that the activing administrator, “has made it abundantly clear on multiple occasions … that humans have an impact on the climate.” An EPA official also said, “Mr. Wheeler was deeply honored to work for Senator Inhofe in several capacities, however Mr. Wheeler did not write and was not the architect of the Senator’s climate science speeches.”

Wheeler is one of six top EPA officials who either worked directly for Inhofe or on the Senate’s Energy and Public Works Committee. Others are Wheeler’s chief of staff, his principal deputy assistant administrator, his assistant administrator for enforcement and compliance, a senior adviser for policy and an associate administrator for policy. An EPA official said the staffers started working at EPA before Wheeler arrived.

Wheeler moved to the EPA’S top slot in July after then-Administrator Scott Pruitt was forced to resign amid numerous investigations, including questions surrounding his altering of federal documents, over-spending, use of security and other numerous scandals.

Like his former boss, Wheeler is seen to be focused on reversing regulations that protect the nation’s air and water and instead promoting the wishes of the industries impacted by those regulations. Critics fear that Wheeler, who works quietly behind the scenes and knows how to get things done in Washington, is more dangerous to the nation’s health than the scandal-plagued Pruitt ever was.

Michael Gerrard, faculty director of Columbia Law School’s Climate Deregulation Tracker, which follows government deregulation, believes Wheeler will be more successful at reversing environmental protections, “because he understands the administrative and legal process better and he does not have all the craziness of Pruitt’s personal proclivities that got in the way of his effectiveness.”

From 2009 until he joined the EPA last year, Wheeler was a lobbyist for energy, mining and coal companies. Bob Murray, the powerful CEO of Murray Energy, paid Wheeler’s lobbying firm nearly $3 million to, among other things, help the coal baron get access to major decision makers, such as a meeting in March 2017 with Energy Secretary Rick Perry.

When Trump was elected, Murray Energy drafted an “action plan” for the Trump administration, essentially a wish list to get the Environmental Protection Agency off the coal industry’s back.

“Not a whole lot has changed from Pruitt to Wheeler,” said Sen. Sheldon Whitehouse, a Rhode Island Democrat who has demanded the inspector general investigate Murray’s wish list and Wheeler’s ties to industry. “Now more than ever, Trump’s EPA takes its marching orders from fossil fuel and other polluting industries. While Wheeler may not try to finagle a fast food franchise for his wife, he’s no different from Pruitt when it comes to shilling for industry and pushing whatever policies they want.”

The EPA said in a statement, “Mr. Wheeler did not lobby the Trump EPA while working for Murray Energy nor did he did work on the action plan or receive a copy of the memo.”

But in the five months since Wheeler has taken over, the EPA has pulled back on regulating the two largest sources of greenhouse gas emissions in the United States, coal plants and motor vehicles.

Gerrard told CNN, “Wheeler is carrying out a wish-list of the industry lobbyists who wanted to shut down the environmental regulations, as he himself was a lobbyist with exactly the same objective. But now he is in the driver’s seat.”

In August, the EPA published the “Affordable Clean Energy” plan, designed to replace the Clean Power Plan, which was the Obama administration’s key measure to address climate change. The new rule sets far less stringent emission guidelines.

That same month, the EPA and the National Highway Traffic Safety Administration published a proposed rule to weaken car emissions and fuel economy standards. And in September, the EPA published a proposed rule weakening methane emission standards for some oil and gas production and changing requirements on leak repairs.

At the Washington Post forum, Wheeler said the Trump administration deserves credit for a decline in carbon emissions. “In the first year of the Trump administration, we’ve seen a 2.7% reduction in CO2 from 2016 to 2017,” he said.

Asked to name three EPA policies that are contributing to cleaner air, Wheeler struggled to answer. “I’m not sure I’m going to be able to give three off the top of my head,” he said. Of the three he later listed, two are proposed regulations that would dial-back back Obama-era rules that aimed to reduce pollution.

[CNN]

Trump’s new EPA chief caught liking racist and conspiratorial social media posts

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The acting administrator of the Environmental Protection Agency was caught liking racist and conspiratorial social media posts using his personal accounts — some as recently as in the past month.

The Huffington Post reported that Acting EPA Administrator Andrew Wheeler “liked” a Facebook post showing Barack and Michelle Obama looking at a banana — a racist archetype comparing the former president and first lady to monkeys.

Along with liking the image from an Italian meme page that translates to “My mom is a virgin,” the EPA chief also retweeted infamous Pizzagate conspiracy theorist Jack Posobiec.

First uncovered by the liberal American Bridge 21st Century political action committee, most of the posts Wheeler engaged with were made before he came acting EPA administrator in July 2018 following Scott Pruitt’s resignation in the wake of his ethics scandal.

Wheeler retweeted Posobiec from his personal Twitter account in February of 2018 — months after the former Naval intelligence officer had been ousted from military service. The right-wing figure’s ouster followed his promotion of the conspiracy theory that the Democrats were involved in a child sex ring and used a DC pizza parlor as a front for their nefarious gains.

In late September, after taking over at the EPA, Wheeler liked a tweet made by Infowars editor Paul Joseph Watson alleging that Twitter discriminates against conservatives.

In an email to HuffPost, the acting EPA chief defending his social media use.

“Over the years, I have been a prolific social media user and liked and inadvertently liked countless social media posts,” Wheeler said. “Specifically, I do not remember the post depicting President Obama and the First Lady. As for some of the other posts, I agreed with the content and was unaware of the sources.”

[Raw Story]

Trump’s EPA rolls back Obama-era coal ash regulations

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The Trump administration announced Wednesday that it is relaxing rules for the disposal of spent coal used to fuel hundreds of power plants nationwide.

But environmental groups say the rollback of coal ash storage regulations established by the Obama administration in 2015 could affect drinking water near dozens of sites.

Dalal Aboulhosn, Sierra Club’s deputy legislative director for land and water, said legal action was being considered. “We are pouring through the rule change see what our next steps might be,” she said

The coal industry petitioned the Trump administration for the roll back, announced by Environmental Protection Agency Acting Administrator Andrew Wheeler — a former lobbyist for the coal industry.

It’s not like EPA has granted us free pass here,” said James Roewer, executive director of the Utility Solid Waste Advisory Group, an industry organization that had pushed for the changes. “It just gives us additional time to operate those facilities and better synch them up” with the upcoming wastewater guidelines.

The EPA states that the relaxed rules will save affected utility companies $28 to $31 million a year in regulatory costs.

These amendments provide states and utilities much-needed flexibility in the management of coal ash, while ensuring human health and the environment are protected,” Wheeler said in a statement. “Our actions mark a significant departure from the one-size-fits-all policies of the past and save tens of millions of dollars in regulatory costs.”

The EPA extended the time by 18 months that the industry can use unlined coal ash ponds and groundwater-adjacent sites for dumping. The Obama administration sought to phase out those sites by April 2019.

The unlined ponds are considered by environmentalists to be the worst offenders for polluting groundwater that sometimes is tapped for drinking.

“The Trump administration is turing a blind eye to damage done to our drinking water,” said Lisa Evans, senior counsel for environmental group Earthjustice. “This is aimed at saving industry money instead of protecting the public.”

[NBC News]