WHEN SCOTT MET JANUS

Posted on January 16, 2018 by Robert M Olian

The amateur horologists among you will recall that all of the calendar months are named after fabric fresheners (February - Febreze), gods (March - Mars, April - Aphrodite, May - Maia, June - Juno), emperors (July - Julius, August - Augustus), or simply their place in the calendar - Sept, Oct., Nov. and Dec. for the seventh, eighth, ninth, and tenth…. Whoa, wait a sec!  (I could explain, but instead that issue is left as an exercise for the reader).

We are interested in January, named for the god of beginnings, Janus, who is always depicted as facing in two directions.  Could one write a blog post about the current state of environmental law based on the theme of a two-faced ruler who thinks he’s one of the gods?

OF COURSE one could! But that would be too easy. Instead, how about a blog post to make everyone happy, while the festive warmth of the holidays is still washing over us? Using the game of MadLibs as our inspiration, first complete the following phrase by choosing either Answer A or Answer B.

“I {insert answer} vote for Donald Trump in the 2016 Presidential election.”

A. did not

B. did

If you picked answer A, read the following blog post using the phrases from option A. If you picked answer B, read the post using the phrases from option B. Make sure you use the correct option, or you will be an unhappy reader instead of a happy reader, and we don’t want that.

*******************

The environmental trade press is replete with top ten lists at this time of year —top ten judicial rulings, top ten regulatory decisions, etc. — but the goal here is to step back and look at things from the 50,000-foot level. Here’s the shorter meta list:

1.  EPA Administrator Scott Pruitt installed a Sensitive Compartmented Information Facility (SCIF) costing nearly $25,000 in his personal office (EPA already had another secure room in the headquarters building) and is the only EPA Administrator to ever request a 24/7 security detail. The 18-member security detail cost taxpayers more than $830,000 in Pruitt’s first three months at the helm and required that EPA agents be pulled away from ongoing criminal investigations to staff the security detail. These actions suggest that EPA is being run by someone who is

1A. self-aggrandizing to the point

1B. appropriately conscious

of

2A. paranoia.

2B. security risks that are increasingly important at a time where environmental issues intersect those of national security.

2. “More than 700 people have left the Environmental Protection Agency since President Trump took office, a wave of departures that puts the administration nearly a quarter of the way toward its goal of shrinking the agency to levels last seen during the Reagan administration,” (NYT, 12/22/17), including a disproportionate number of scientists. The brain drain is intentional according to:

1A. Obama science adviser Thomas Burke

1B. Trump OMB Director Mick Mulvaney

who added,

2A. “The mission of the agency is the protection of public health. Clearly there’s been a departure in the mission.”

2B. “You can’t drain the swamp and leave all the people in it. So, I guess the first place that comes to mind will be the Environmental Protection Agency.”

3. The United States withdrew from the Paris climate accords, a move that was

1A. denounced

2A. praised

by many, ranging from:

2A. the Pope to the head of Goldman Sachs.

2B. Charles Koch to David Koch.

4. The United States was battered by record flooding, hurricanes and forest fires, all of which were

1A. substantial evidence suggesting the existence of

1B. a bizarre coincidence.

2A. anthropogenic climate change.

2B. [Sorry, there is no phrase to describe something whose existence is denied]


But wait, you say, that’s only four items, not a top ten. Sorry, but there are eight; you only read four. If one of you As will add another to the comments, and one of you Bs will do likewise, that will get the total to 10.

A VISIT TO THE DUTCH ROYAL PALACE TO HONOR GLOBAL ENVIRONMENTAL INNOVATORS

Posted on January 10, 2018 by Robert Percival

The initial email, quickly skimmed, had hallmarks of spam – words like “royal palace” and “100,000 Euros”.  But the attached letter of invitation contained wonderful news.  The Dutch royal family’s Prince Claus Fund had selected Chinese environmentalist Ma Jun to receive its top award. They wanted me to prepare a tribute to him for inclusion in the official awards book and to be their guest at the presentation at the Royal Palace in Amsterdam.

I first met Ma Jun after I gave a talk in Beijing in 2009.  Astonishingly, he asked me to autograph the fourth edition of my casebook Environmental Regulation: Law, Science & Policy. When I asked why, he declared that “page 438 changed my life.”  That was the portion of the book where material on the U.S.’s Emergency Planning and Community Right-to-Know Act (EPCRA) began. Ma Jun was so impressed by the EPCRA’s Toxics Release Inventory that he vowed to create a website providing the Chinese public with similar information.  But he did not stop there.  He created apps that enabled the public to use their cellphones to access real time information on air and water quality in more than one hundred Chinese cities. 

In a country that at the time lacked express legal authorization for citizen suits, Ma Jun grasped the power of information to mobilize public demand for environmental protection.  He founded an NGO called the Institute for Environmental and Public Affairs (IPE) that quickly became a major force in China’s environmental movement.  Working with a coalition of NGOs, Ma Jun launched audits of the Chinese supply chains of major multinational electronics companies to assess their compliance with environmental and labor laws.  The results of these audits helped convince Apple to agree to regular, independent audits of it Chinese suppliers, the results of which now are presented annually in the company’s Supplier Responsibility Reports.

Another brilliant project that Ma Jun pursued jointly with NRDC’S Beijing Office was to publish annual ratings of China’s 120 largest cities reflecting how well local governments comply with requests for environmental information under China’s Open Information Law. This Pollution Information Transparency Index (PITI) has become a powerful tool for encouraging compliance with the law.  IPE and NRDC frequently hear from local officials in China who want to improve their ratings, much as U.S. universities scramble to increase their annual standings in the U.S. News rankings.

The Prince Claus Fund, named for the late husband of former Queen Beatrix, is funded in part through the Dutch Ministry of Foreign Affairs. It also made awards to other social and cultural innovators. These included Brazilian filmmaker Vincent Carelli, a champion of indigenous tribes, scientist Brigitte Baptiste, who is working to protect post-conflict areas in Colombia, Burkino Faso architect Diébédo Francis Kéré, who designs green buildings for African villages, Khadija Al-Salami, who champions women’s rights in Yemen, and Indian artist Amar Kanwar. It was inspiring to get to meet these heroes during the ceremony at the Royal Palace and to learn more about their work helping to build a better world in all corners of the planet. 

Chronic Pesticide Exemptions May Increase Risks to Our Pollinators

Posted on January 8, 2018 by Stephanie Parent

EPA has the responsibility to protect the public and the environment, including bees and other pollinators, from the use of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Before any pesticide can be sold or distributed in the United States, EPA must register it after determining that its use will not generally cause “unreasonable adverse effects on the environment.” Section 18 of FIFRA allows use of pesticides that have not met this standard if “emergency conditions exist.” Congress intended use of Section 18 emergency exemptions to address urgent pest conditions such as severe and unexpected insect outbreaks. Yet, in some cases, EPA seems to administer the emergency exemption program so that it functions as a shortcut, allowing pesticide use to bypass the registration standard.

EPA’s repeated “emergency” exemptions for use of the insecticide sulfoxaflor on cotton and sorghum over the last six years are a good example of this. Sulfoxaflor is an insecticide, which EPA acknowledges is very highly toxic to bees. In 2015, the Ninth Circuit vacated EPA’s decision to register sulfoxaflor because “[w]ithout sufficient data, the EPA has no real idea whether sulfoxaflor will cause unreasonable adverse effects on bees, as prohibited by FIFRA.” In 2016, EPA registered sulfoxaflor without additional bee data or studies. Instead, EPA explained that the new registration results in “essentially no exposure to bees” because this time it did not allow use on indeterminate blooming crops, such as cotton, or on crops grown for seed. And, the registration restricted applications on certain “bee attractive” crops to post-bloom only.

Despite these restrictions in the registration designed to avoid harm to bees, EPA has exempted the use of sulfoxaflor over 70 times from 2011 through 2017. All but one of these exemptions was for use on cotton, which was retracted from the registration application following the Ninth Circuit’s decision, or on sorghum, which was never included in the registration in the first instance. Most recently, EPA exempted the use on alfalfa grown for seed, even though the registration also prohibits such use to avoid adverse effects to bees. The Center for Biological Diversity, where I work, makes the case that EPA’s chronic approvals of Section 18 exemptions for use of sulfoxaflor no longer reflect “emergency conditions” and are circumventing the FIFRA’s registration standard. We may learn more about sulfoxaflor and other exempted pesticide uses when EPA’s Office of Inspector General concludes its evaluation of whether EPA’s emergency exemption process maintains environmental and human health safeguards.