Climate and Environment

This week’s newsletter looks at executive branch attempts to counteract concentrated corporate power across our focus areas – from consumer protection in Big Tech, to housing, to climate regulation. While the FTC and DOJ antitrust division continue to be present in important fights to support consumers and tenants, proactive climate policy continues to be absent, as Biden’s rhetoric regarding challenging climate change rings hollow in areas where the president has considerable discretion.

In efforts to reduce average emissions across the incredibly pollutive transportation sector, the Environmental Protection Agency (EPA) proposed a new tailpipe emissions standard. The new rule functionally mandates automakers to electrify portions of their fleets in order to comply with a reduced average emissions standard for vehicles starting with 2027 new vehicle classes. The proposal, while one of the most significant of the administration’s forays into regulating pollution reductions, has also faced steep criticism from some environmentalists for not going nearly far enough in achieving the 75 percent pollution cut necessary to actually address the climate crisis. On July 11, 2023, however, the American Petroleum Institute (API) led a sign-on letter campaign asking the EPA to roll over to industry on the rule. For far too long corporate feedback has been hugely – and disproportionately – influential for regulators. It shouldn’t be.

TIME released its inaugural TIME100 Climate list last week, which included an eclectic list of business leaders, politicians, artists, and other “leaders” that TIME reporters and editors (and Deloitte, their sponsor) sought to elevate and celebrate for “making significant progress in fighting climate change by creating business value.” 

The Biden Administration announced last month that it had deemed it “necessary” to waive 26 federal laws, including the Clean Air Act, the Safe Drinking Water Act, the Endangered Species Act, the Native American Graves Protection and Repatriation Act, and the American Indian Religious Freedom Act, amongst others, in order to move forward with the construction of Trump’s infamous border wall along the US-Mexico border. This decision came after Biden vowed during his 2020 campaign that there would “not be another foot of wall constructed” during his presidency.  

All that this administration has done to make renewables easier and cheaper to build in this country is threatened by the administration’s simultaneous willingness to let U.S. fossil fuel companies continue to extract the massive reserves of oil and gas still in the ground, and, increasingly, to export it abroad. We share one global atmosphere. There is no decarbonizing America—no avoiding climate change reshaping the possibilities for life on this planet—without keeping our massive oil and gas reserves in the ground. 

In response to the Energy Department’s announcement Friday that it has selected seven proposed Hydrogen Hubs to allow to enter negotiations for $7 billion in federal funding, the Revolving Door Project released the following statement.

On Thursday the 19th, the Federal Energy Regulatory Commission is expected to vote on whether to approve Calcasieu Pass 2, a massive long-term natural gas liquefaction and export facility that intends to export 20 million metric tons of planet-warming methane gas a year. Dodging its responsibility so far to consider the full range of consequences of its infrastructure permitting decisions, FERC looks set to greenlight this monstrosity. As this newsletter will explore, not only are the global climate consequences of new gas export infrastructure enormous, but the immediate impacts are keenly felt by the local community inundated with pollution from the original Calcasieu Pass facility.

The underfunded agency overseeing tens of thousands of miles of dangerous pipelines has not had an official leadership for years.

Corporate greed and emaciated federal regulatory capacity means people are needlessly suffering physically, and sometimes even dying. That’s the upshot of two recent reports from the EPA’s Office of the Inspector General (OIG). These reports illustrate the concerning state of environmental regulation and enforcement in regards to water quality and refinery emissions. 

On Sunday, an estimated 75,000 people marched in Manhattan, demanding that President Biden end the era of fossil fuels and take immediate action to address climate change.

Activists are pushing Fed vice chair Michael Barr and his deputy Kevin Stiroh to force the financial sector to take climate change seriously.

The White House announced late last week that the Environmental Protection Agency is launching epa.gov/cancer as part of the Biden administration’s Cancer Moonshot efforts, and will share new information about the EPA’s role in leveraging its existing authorities to “accelerate the rate of progress to prevent cancer, including phase-outs of carcinogens, regulatory actions to protect children, workers and overburdened communities, and enforcement actions to ensure pollution is curbed.”