If You Care about the Climate Crisis, Here's What You Need to Know about Maryland's Clean Water Act Permit for Agricultural Pollution

by David Flores | November 19, 2019

Last month, former CPR policy analyst Evan Isaacson wrote in this space about Maryland's proposal to revise and reissue its Clean Water Act pollution permit for concentrated animal feeding operations (CAFOs). He made a convincing case that those who love the Bay need to advocate for effective and enforceable CAFO regulations.

Traditionally, air pollution permits have been and will continue to be a critical component of climate policy in the United States, controlling emissions of greenhouse gas pollutants. But strong water pollution standards, including permits, are also a vital tool in addressing climate change because they are so important to state efforts to adapt.

Maryland's CAFO permit is what's described as a "general permit" because it's a single permit that will cover many hundreds of individual pollution sources – in this case, CAFOs. And because this one will be issued in 2020, and because it's a five-year permit, this is the permit that will address CAFO emissions until 2025, by which time the state is required to meet the pollution-reduction requirements of the Chesapeake Bay TMDL, the last, best hope for cleaning up the Bay. If the CAFO permit fails to achieve the pollution reductions it needs to, the problem won't get fixed in time to make a difference on the TMDL front.

As it happens, it's not until late 2021 that the state is required to develop a plan to address the impact of additional pollution loads ...

On California, Climate Justice, and the Crucial Role of State Courts

by David Flores | November 12, 2019
As Californians endure yet another round of devastating wildfires, they are rightly wondering if blazes of such frequency and reach are the new normal. The hard truth is that they may very well be. The fingerprints of climate change are all over this disaster, as they have been all over recent hurricane damage, and the trendline is unmistakable. With that in mind, a new report from the Center for Progressive Reform takes a look at the situation in the Golden ...

A Dozen Strategies for the Struggle With Big Oil

by Daniel Farber | October 28, 2019
Originally published on Legal Planet. Reposted by permission. The oil industry is enormous – something like 2 to 3 percent of global GDP. Individuals firms like ExxonMobil earn tens of billions of dollars each quarter. Controlling climate change will mean drastic curtailment in the coming decades of the industry’s major products. There’s no way that the industry will accept this lying down, and it’s a formidable opponent. To be successful, we will need a combination of strategies, aside from the rightness ...

Trump's Decision to Hamstring California's Climate Authority Is Illogical and Uninformed

by Alejandro Camacho | October 07, 2019
Originally published in The Revelator. Reprinted under Creative Commons license CC BY-NC-ND 3.0. For five decades California and the federal government have worked together in an innovative exercise in federalism aimed at achieving cleaner air. California has played an important role in controlling greenhouse gas emissions that contribute to climate change, particularly from motor vehicles. But now, contrary to law and in a massive departure from past practice, President Donald Trump has announced that his administration is pulling the rug ...

Striking for Environmental and Social Justice in Roanoke

by David Flores | September 26, 2019
On September 23, I attended the Climate Emergency: Tri-State Pipeline Strike in downtown Roanoke, Virginia. While affiliated with the Global Climate Strike week of action, the event in Roanoke was another milestone in the years-long and continuing struggle to prevent construction of natural gas pipelines through parts of North Carolina, Virginia, and West Virginia.                       The day prior, my family and I attended a “Circle of Protection” event atop verdant Bent ...

On Strike for Climate Justice and Workers' Rights

by Katie Tracy | September 19, 2019
Tomorrow (September 20), I'm standing up for workers' rights by marching to the U.S. Capitol in Washington, D.C., as part of the Global Climate Strike. I'll be walking in solidarity with the students and youth organizing the strike to spread the message that climate action is imperative.                       Addressing the growing climate crisis and creating jobs are two necessary actions often pitted against each other, as if only one were possible ...

Trump's Legal Challenges to the California Car Deal

by Daniel Farber | September 09, 2019
Originally published on Legal Planet. Prompting rage by President Trump, California and several carmakers entered into a voluntary agreement on carbon emissions from new cars that blew past the administration's efforts to repeal existing federal requirements. Last week, the Trump administration slapped back at California. Although there's been a lot of editorializing about that response, I've seen very little about the legal dimensions of the administration's actions. I'd like to shed a little bit of light on those. The administration ...

Hurricane Dorian May Brush Virginia, Bringing Danger of Toxic Floodwaters

by David Flores | September 05, 2019
In August, Virginians remembered the devastation wrought by Hurricane Camille 50 years earlier. After making landfall on the Gulf Coast, that storm dumped dozens of inches of rain in western portions of the Commonwealth and killed more than 150 people in flash floods and landslides. Today, Virginians along the Atlantic coast and in the Hampton Roads region have Hurricane Dorian on their minds, with potentially life-threatening flooding, property destruction, and toxic floodwaters being serious hazards. The National Weather Service is ...

The Hill Op-ed: Congress Should Support Clean Energy Research and Development

by Joseph Tomain | August 22, 2019
This op-ed was originally published in The Hill. For the past couple of years, President Trump's federal budget proposal has called for the elimination of a crucial Department of Energy program — the Advanced Research Projects Agency-Energy (ARPA-E). The agency’s mission is to fund high-risk/high-reward energy research — that is, research that has transformative potential for the nation’s economic and energy needs but that is deemed too expensive or too risky for energy companies to fund on their own. Congress, though, has wisely resisted the president’s proposal, and continued to fund ARPA-E. But the White ...

The Hill Op-ed: We Need a Climate Plan for Agriculture

by Laurie Ristino | August 16, 2019
This op-ed was originally published in The Hill. A special report released on Aug. 8 by the U.N. Intergovernmental Panel on Climate Change shines a stark light on how agriculture is both uniquely impacted by and a key driver of climate change, contributing up to 37 percent of total greenhouse gas emissions. The report highlights the pressing need to reverse land degradation and forest conversion caused by food, feed and fiber production, as well as the significant climate mitigation opportunities of shifting to plant-based diets, especially in ...

A Letter to My Fellow Boomers about Climate Change

by Daniel Farber | August 15, 2019
Originally published on Legal Planet. Polls show that a great many members of our generation oppose taking action against climate change. I want to try to explain to that group why you should rethink your views. Let me start by explaining why climate action would benefit you yourself and then widen the focus to include your grandchildren and their kids. Efforts to cut climate change right now aren't likely to have a big effect on climate in the next decade ...

ACE or Joker? Trump's Self-Defeating Climate Rule

by Daniel Farber | July 25, 2019
Originally published on Legal Planet. To hear President Trump talk, the point of deregulation is to reduce the burden of regulation on industry. But weirdly enough, that doesn't turn out to be true of Trump's effort to repeal Obama's Clean Power Plan (CPP) and replace it with his own Affordable Clean Energy (ACE) rule. Both rules regulate carbon emissions from power plants (though Trump's rule covers only coal plants). According to his own EPA, however, the Trump administration's approach will ...

The Hill Op-ed: Trump Trashes the Natural World and Calls It 'Environmental Leadership'

by Joel Mintz | July 17, 2019
This op-ed was originally published in The Hill. In a recent speech, President Trump touted what he described as "America's environmental leadership" during his presidency. He claimed that over the past two-and-a-half years, his administration has been "a good steward of public land," reduced emissions of greenhouse gases, and successfully promoted clean air and water.  His claims are Orwellian in scope and mendacity. Even the most cursory examination of the Trump administration's environmental record reveals an appalling litany of irresponsible, anti-environmental ...

Beyond Carbon Pricing: Envisioning a Green Transition

by Alice Kaswan | July 16, 2019
High hopes that putting a price on carbon emissions would provide the most effective and politically expedient climate change policy keep getting dashed. In June, Oregon's Republican senators fled the state and hid rather than enact a carbon cap-and-trade program. Washington State citizen initiatives to pass a carbon tax have failed – twice. Even in progressive California, efforts to include a cap-and-trade program in the state's initial climate legislation failed; cap-and-trade came later, administratively rather than legislatively, and as part ...

Where's the Beef?

by Daniel Farber | July 15, 2019
Originally published on Legal Planet Mississippi recently passed a law that has the effect of banning terms like "veggie burger." It's easy to imagine other states passing similar laws. From an environmental view, that's problematic, because beef in particular is connected with much higher greenhouse gas emissions than plant products. It's not just the methane from cow-burps, it's also all the carbon emissions connected with growing corn to feed the cattle. But in addition to its environmental drawbacks, the Mississippi ...

New House Bill a Game Changer for Protecting Workers from Extreme Heat

by Katie Tracy | July 11, 2019
Asunción Valdivia, a 53-year old father and farmworker at a Giumarra vineyard in California, died after laboring to pick grapes for ten straight hours in 105-degree heat. When he collapsed, his employer told Valdivia’s son, Luis, who was also working in the field, to drive him to the hospital, but Valdivia died before they arrived. In Valdivia’s memory, on July 10, Reps. Judy Chu and Raúl Grijalva paved the way to protecting outdoor and indoor workers across the nation from ...

Replacing the CPP's Visionary Energy Planning with the ACE's Technical Tinkering

by Alice Kaswan | June 28, 2019
The Affordable Clean Energy (ACE) rule, the Trump administration's recently released substitute for his predecessor's Clean Power Plan (CPP), has been widely criticized as an ineffectual mechanism for addressing power plants' greenhouse gas (GHG) emissions. More broadly, the rule substitutes a technocratic, plant-by-plant approach for the more comprehensive and participatory state planning required by the now-repealed CPP. The ACE identifies a range of potential heat-rate improvements (usually efficiency improvements) at coal-fired power plants and then lets the states determine which ...

The 'Advancing Coal Energy' Rule? EPA's Misguided Approach to Carbon Emissions from the Dirtiest Power Plants

by Hannah Wiseman | June 26, 2019
The EPA released its finalized rule for carbon emissions from existing power plants last week. The agency calls the rule the "Affordable Clean Energy" (ACE) rule, but it would be better named the "Advancing Coal Energy" rule given its explicit aim to keep old, dirty coal-fired power plants running. A bit of background first for those who aren't familiar with the rule. The United States has made a great deal of progress cleaning up its power plants so they emit ...

Climate Change

Human-caused climate change poses a profound threat to the future health of the planet and all that live on it. We know what causes it, and how to slow it down. But we have barely  begun to make real policy progress, in the face of heavily bankrolled opposition from the energy industry and its allies. CPR Member Scholars are focused on mitigating and preventing climate change, and adapting to what climate change we are too late to prevent.

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