The Environmental Protection Agency on Thursday announced a sweeping relaxation of environmental rules in response to the coronavirus pandemic, allowing power plants, factories and other facilities to determine for themselves if they are able to meet legal requirements on reporting air and water pollution.
The move comes amid an influx of requests from businesses for a relaxation of regulations as they face layoffs, personnel restrictions and other problems related to the coronavirus outbreak.
Issued by the E.P.A.’s top compliance official, Susan P. Bodine, the policy sets new guidelines for companies to monitor themselves for an undetermined period of time during the outbreak and says that the agency will not issue fines for violations of certain air, water and hazardous-waste-reporting requirements.
Companies are normally required to report when their factories discharge certain levels of pollution into the air or water.
“In general, the E.P.A. does not expect to seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification obligations in situations where the E.P.A. agrees that Covid-19 was the cause of the noncompliance and the entity provides supporting documentation to the E.P.A. upon request,” the order states.
It said the agency’s focus during the outbreak would be “on situations that may create an acute risk or imminent threat to public health or the environment” and said it would exercise “discretion” in enforcing other environmental rules.
The order asks companies to “act responsibly” if they cannot currently comply with rules that require them to monitor or report the release of hazardous air pollution. Businesses, it said, should “minimize the effects and duration of any noncompliance” and keep records to report to the agency how Covid-19 restrictions prevented them from meeting pollution rules…
Gina McCarthy, who led the E.P.A. under the Obama administration and now serves as president of the Natural Resources Defense Council, called it “an open license to pollute.” She said that while individual companies might need flexibility, “this brazen directive is nothing short of an abject abdication of the E.P.A. mission to protect our well being.’’
Cynthia Giles, who headed the E.P.A. enforcement division during the Obama administration, said: “This is essentially a nationwide waiver of environmental rules. It is so far beyond any reasonable response I am just stunned.”
The EPA is involved in multiple PFAS-related criminal investigations, the agency said Wednesday, adding another knot to an already complex legal landscape for “forever chemicals.”
The Environmental Protection Agency acknowledged the probes in a new progress report on its 2019 PFAS Action Plan. The document says the agency “has multiple criminal investigations underway concerning PFAS-related pollution.”
EPA Administrator Andrew Wheeler told Bloomberg Law the agency is committed to using all its enforcement authorities to address contamination.
“We do use all of our enforcement tools, so if it’s warranted for criminal, we would certainly look to do that,” he said after a National Association of State Department’s of Agriculture event in Arlington, Va.
Wheeler declined to give further detail, saying he couldn’t comment on pending investigations. Federal criminal investigations and related files are confidential.
“Multiple investigations clearly signals EPA is serious about understanding what the manufacturers knew about the chemicals’ toxicity and when they knew it,” said Earth & Water Law Group founder Brent Fewell, an EPA official during the George W. Bush administration. “EPA is likely focused on whether the PFAS manufacturers knowingly failed to disclose to EPA the known risks of the chemical.”
“It’s not at all surprising,” he added, “that EPA has signaled a criminal investigation or even multiple investigations into PFAS given the heightened health concerns and public attention.”
The Santa Fe River starts high in the forests of New Mexico’s Sangre de Cristo mountains and flows 46 miles to the Rio Grande. Along the way it plays important roles for wildlife, irrigation, recreation and other cultural uses, and provides 40% of the water supply for the city of Santa Fe’s 85,000 residents.
But some stretches of the river don’t flow year-round, and that means parts of this vitally important water system could lose federal protections under changes to clean-water rules just passed by the Trump administration.
The administration’s new Navigable Waters Protection Rule replaces the Obama-era Waters of the U.S. (or WOTUS) rule that defined which waterways were protected under the Clean Water Act. The Obama administration broadened and clarified which waters were safe, but the new rule takes a much narrower view. Under the changes many waterways lose federal protection. That includes ephemeral streams and rivers that depend on seasonal precipitation — like parts of the Santa Fe — as well as waters that cross state boundaries and wetlands that aren’t adjacent to major water bodies.
This loss of protections means pesticides, mining waste, and other pollutants can be dumped into these streams and unconnected wetlands can be filled for development without running afoul of federal authorities…
The rule flies in the face of basic science about river ecology and groundwater, according to the Environmental Protection Agency’s own scientists. Even if streams don’t flow all the time or wetlands don’t touch major bodies of water, dumping pollutants into them can still harm the watershed — and by extension drinking water and wildlife.
The Trump administration promised these changes would offer more control to states, but many state officials say they find the new rules problematic, confusing and potentially dangerous.
“One of our biggest concerns with the final rule is that it’s not rooted in sound science,” says Rebecca Roose, water protection division director of the New Mexico Environment Department. “And there was really no attempt by the agency to reconcile the final rule with the scientific basis for the 2015 WOTUS rule and advice from the scientific community.”
While these changes will be felt in every state, they won’t be felt equally.
One Year After EPA Pledged to Act on PFAS Exposure, Key Parts of the Strategy Have Yet to Be Implemented
Today, Colorado U.S. Senator Michael Bennet joined a group of senators in a letter to Environmental Protection Agency (EPA) Administrator Andrew Wheeler requesting he provide an updated timeline for when the EPA will implement commitments made in the agency’s plan to combat exposure to per- and polyfluoroalkyl substances (PFAS). The EPA released its PFAS Action Plan one year ago today and has yet to implement many of the commitments outlined in the strategy. Bennet, who raised concerns about flaws in the EPA’s initial plan, is an author of the PFAS Action Plan of 2019 and has long worked to address contamination issues across Colorado.
“As you are aware, communities across the country are struggling to respond to the widespread issue of PFAS contamination. The human health risks from this class of chemicals, which include birth defects, various forms of cancer, and immune system dysfunction, are still being examined, and the uncertainty has caused great concern among our constituents,” wrote Bennet and the senators in the letter.
The lawmakers went on to underscore that the PFAS Action Plan alone is insufficient to address the full scope and urgency of the problems associated with PFAS exposure, which is why failure to take an initial step to implement this plan is particularly concerning. They also highlighted that the EPA committed to establish federal drinking water standards last year for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most prevalent PFAS chemicals, but have also failed to follow through on that pledge.
In their letter, the senators also addressed other parts of the plan that have not been prioritized, including important remediation efforts to help expedite cleanup of PFAS contamination under the EPA Superfund law.
“Yet, despite then-Administrator Scott Pruitt committing the EPA to designating these materials [PFOA and PFOS] as hazardous substances in May 2018, the EPA has not even sent a proposal to the Office of Management & Budget for interagency review, let alone published it for public comment,” wrote Bennet and his colleagues.
The senators closed their letter with a request that the EPA provide an update on the status of every commitment made in the PFAS Action Plan, as well as an update on the timeline for executing the priorities included in the strategy.
Bennet has long worked to address the health effects, cleanup, and reimbursement issues associated with PFAS, chemicals used in firefighting foams that have contaminated drinking water sources near military bases across the country, including at Peterson Air Force Base (AFB) in Colorado Springs.
Bennet pushed for a nationwide study on the health effects of PFAS and for additional funding for remediation and clean up.
Bennet secured $10 million for the nationwide Centers for Disease Control and Prevention (CDC) study in the 2018 omnibus package.
Bennet secured an additional $44 million in funding for Air Force environmental restoration and remediation in the 2018 omnibus package. A significant amount of that funding was used for remediation around Peterson AFB in Colorado.
Bennet supported a provision in the Fiscal Year 2018 National Defense Authorization Act (NDAA) that required a plan on how the Department of Defense might reimburse state or municipal agencies that expended funds to provide alternative water supplies.
Bennet wrote to the CDC to ask that the nationwide study include communities in Colorado near Peterson AFB.
Bennet visited communities around Peterson AFB to receive an update on remediation efforts. There, Bennet also received an update on the challenges water districts are having receiving reimbursement for steps they took to clean up drinking water.
Bennet demanded the Trump Administration (CDC and the Agency for Toxic Substances and Disease Registry (ATSDR)) release the results of a study regarding what levels of certain chemicals are safe in drinking water. According to news reports at the time, the EPA had been working to block the release of results from a Department of Health and Human Services (HHS) study on the toxicity of certain PFAS.
Bennet passed an amendment to provide funding for the Department of Defense to reimburse state and municipal water authorities for actions they took to clean up and mitigate PFAS in drinking water. The amendment was included in the Department of Defense-Labor-Health and Human Services-Education Appropriations bill, which passed the Senate in 2018. The provision was not included in the final version of the bill that was signed into law.
Bennet wrote to the CDC/ATSDR to voice disappointment that the CDC will not include military and civilian firefighters in its investigations of the human health effects of PFAS contamination pursuant to Section 316 of the FY19 NDAA.
Bennet and his colleagues introduced the PFAS Action Plan of 2019, legislation that would mandate the EPA, within one year of enactment, declare PFAS as hazardous substances eligible for cleanup funds under the EPA Superfund law, and enable a requirement that polluters undertake or pay for remediation.
Bennet introduced an amendment to the NDAA to authorize the U.S. Air Force to reimburse local water districts, like those around Peterson AFB, for actions they took to treat and mitigate PFAS contamination.
Following Bennet’s 2018 letter calling on the CDC to include Colorado communities near Peterson AFB in the nationwide study on the health effects of PFAS, Bennet praised the agency’s decision to include these communities.
More than 12,000 El Paso County water users have been impacted by the chemical, which tainted the Widefield aquifer.
In 2016 the EPA lowered its health advisory levels for the compounds, vastly expanding the number of southern El Paso County residents considered at risk for exposure. A subsequent study tied the contamination to the decades-long use of a firefighting foam at Peterson Air Force Base.
Water districts in the towns of Security, Widefield and Fountain have either tied into uncontaminated water from Colorado Springs Utilities, or installed filtering systems to eliminate the chemicals.
In the letter, the senators say they believe the agency has not acted quickly enough to make water safe…
The lawmakers are asking for the EPA to prioritize the establishment of a maximum contamination level for drinking water and to allow cost-recovery for cleanup by labeling PFAS as hazardous substances.
A new court document states that progress continues toward resolving an environmental lawsuit against Colorado Springs for degrading Fountain Creek.
The document was filed last week in Denver at the U.S. District Court for Colorado, where the lawsuit is pending.
“The parties have continued to make significant progress toward a settlement that encompasses an agreement for relief for all violations alleged,” the court filing states…
After a trial last year, a judge decided Colorado Springs had violated its permit that regulates discharges of the city’s storm water sewer system into the creek. Remaining to be decided is what the city would do to remedy the violations.
The new document states that since October, the five parties have been exchanging drafts of a proposed agreement on how to settle the dispute.
“The parties have met monthly (since November and) continued to have monthly scheduled settlement meetings so that they can continue their progress toward (a settlement),” the document states.
Last week, Senior Judge John L. Kane granted the parties’ request to keep the case on hold until May 22, so they can continue their work. Kane is presiding over the case.
He emphasized, however, he would not keep the case on hold beyond May 22 based on the same grounds that the parties have been stating.
FromThe High Country News, February 12, 2020 (Jonathan Thompson):
Three years of rollbacks have taken a toll, without delivering real benefits.
“I’m approving new dishwashers that give you more water so you can actually wash and rinse your dishes without having to do it 10 times,” President Donald J. Trump told a crowd in Milwaukee in January. “How about the shower? I have this beautiful head of hair, I need a lot of water. You turn on the water: drip, drip, drip.”
While this may sound like just another Trumpism intended to distract his base from his impeachment troubles, the words nicely encapsulate the administration’s disastrous approach to environmental policy. First, he gins up a false problem. Then he blames the false problem on “regulatory burdens.” Then he wipes out said regulations with complete disregard for any actual benefits or the possible catastrophic consequences.
Trump followed this pattern in January, when he announced one of his most significant rollbacks yet, a drastic weakening of the National Environmental Policy Act, or NEPA — the bedrock law passed during the Nixon era that requires environmental reviews for projects handled by federal agencies.
Trump said the overhaul is necessary because the law imposes interminable delays on infrastructure projects, hampering economic growth. “It takes many, many years to get something built,” he said in an early January speech at the White House. “The builders are not happy. Nobody is happy. It takes 20 years. It takes 30 years. It takes numbers that nobody would even believe.”
Maybe nobody would believe them because — like Trump’s assertion that modern toilets must be flushed “15 times” — they simply aren’t true. Every year, the nonpartisan National Association of Environmental Professionals analyzes the implementation of NEPA. The group has found that over the last decade, full environmental impact statements have taken, on average, less than five years to complete. Only about 5% of all reviews take longer than a decade, and less than 1% drag on for 20 years or more. These rare cases can be caused by a project’s complexity, or by delays or changes made by its backers that have nothing to do with NEPA or any other environmental regulations.
Trump isn’t letting facts get in his way, however. The proposed changes would “streamline” reviews, according to the administration, and, most notably, “clarify that effects should not be considered significant if they are remote in time, geographically remote, or the result of a lengthy causal chain.”
A project’s potential contribution to climate change, in other words, would be discounted. Indeed, environmental effects will no longer be considered significant — except for the most direct, immediate ones. A proposed highway plowing through a low-income neighborhood, for example, would result in more traffic, leading to more pollution, leading to health problems for residents and exacerbating global warming. But since all of that is “remote in time” and the result of a “lengthy causal chain,” it would not necessarily be grounds to stop or modify the project. By discounting long-term and cumulative impacts, this seemingly simple change would effectively gut a law that has guided federal agencies for a half-century.
That, Trump claims, will speed up approvals and create more jobs. But a look back at the effects of his previous regulatory rollbacks suggests otherwise.
Since the moment he took office, Trump has been rescinding environmental protections. He drastically diminished Bears Ears National Monument, he tossed out rules protecting water from uranium operations, he threw out limits on methane and mercury emissions, weakened the Clean Water Act, and, more recently, cleared the way for the Keystone XL pipeline, yet again. According to Harvard Law School’s regulatory rollback tracker, the Trump administration has axed or weakened more than 60 measures that protect human and environmental health since he took office.
Trump often boasts that his policies have created 7 million jobs during his term. Correlation, however, does not equal causation. Even as the overall economy has boomed — a trend that was already in place when Trump took office — the sectors that should have benefited the most from Trump’s rollbacks continue to flail.
Trump killed or weakened at least 15 regulations aimed at the coal industry in hopes of bringing back jobs. By nearly every measure, the industry is weaker now than it was when Trump was elected. Trump shrank Bears Ears National Monument to make way for extraction industries and rescinded regulations on uranium in part to help Energy Fuels, a uranium company. But in January, the company laid off one-third of its workforce, including most of the employees at the White Mesa Mill, adjacent to Bears Ears. Nearly every one of the protections that Trump killed were purportedly “burdening” the nation’s mining, logging and drilling industries. Regardless, the number of people working in that sector is down 20% from five years ago.
Rolling back environmental regulations will no more create jobs than removing “restrictors” from showerheads will give Donald Trump a thick head of hair — it won’t. It will merely result in more waste, dirtier air and water, and a more rapid plunge into climate catastrophe.
Now, Trump is going after energy-efficient lightbulbs, and his reasoning is as specious as ever. “The new lightbulb costs you five times as much,” he told his followers at the Milwaukee rally, “and it makes you look orange.”
Jonathan Thompson is a contributing editor at High Country News. He is the author of River of Lost Souls: The Science, Politics and Greed Behind the Gold King Mine Disaster. Email him at email@example.com.
Activists with a wide range of conservation and indigenous-rights groups had been bracing themselves for a fight over a critical environmental-protection law known as the National Environmental Policy Act, or NEPA, since soon after President Donald Trump took office three years ago. But they were caught off-guard by the specifics of what the White House’s Council on Environmental Quality proposed when it unveiled its plan to “modernize” NEPA regulations last month — including an abbreviated outreach process that featured just two hearings where the public would have an opportunity to comment on proposed changes.
“It’s unprecedented,” says Jeremy Nichols, an activist with environmental group WildEarth Guardians. “This is sweeping. This isn’t some little tweak of an air regulation or a rule that affects only a specific sector. This affects all aspects of American life. You can draw a line between any person here and a relevant, recent NEPA process — I-70, Rocky Flats, there’s so much.”
For Nichols and other Colorado-based activists, there was one small consolation: They didn’t have to travel very far to speak at the first of the two public hearings, which was held at the Environmental Protection Agency’s regional headquarters in Denver on Tuesday, February 11. There, CEQ officials outlined their plan to dramatically weaken NEPA regulations, which require federal agencies to perform extensive reviews of the environmental impacts of major industrial and infrastructure projects.
“The proposed rule is proposed to modernize and clarify the CEQ regulations to facilitate more effective, efficient and timely NEPA reviews by federal agencies,” said Ted Boling, associate director of NEPA policy at CEQ. “The revisions are intended to make the regulations easier to read, understand and follow.”
But activists say that’s just code for undermining environmental protections at the behest of powerful industry groups. As laid out by Boling, the new rules would make sweeping changes to the NEPA process, imposing time and page limits on key environmental reports, limiting the scope of many reviews and increasing the number of projects that could be excluded from the process altogether.
Because NEPA reviews include extensive public comment processes, the changes could prevent impacted communities from weighing in on proposals with potentially serious environmental implications. That’s particularly troubling to Native Americans who have long been victimized by the federal government, said indigenous activists who spoke during a public comment period on February 11.
“I think that the proposed changes are a slap in the face to our democracy, and a slap in the face to the integrity of our mother earth,” said Lyla June Johnston, an activist and member of the Diné (Navajo) Nation. “The policies of Trump tend to favor business, and they are willing to expedite business at the expense of the health of our water, our ecology and future generations.”
Supporters of the proposed change included representatives of the U.S. Chamber of Commerce, oil and gas groups and other industrial interests, who argued that NEPA reviews have become too lengthy and burdensome…
For full NEPA reviews, federal agencies prepare lengthy documents known as Environmental Impact Statements that examine the potential effects on public health, safety, air and water quality, natural landscapes, wildlife, noise and more. The Trump administration’s proposed rule changes would limit the scope of the impacts that such reviews could evaluate — especially with respect to climate change, said Colorado Energy Office director Will Toor, who testified in opposition at the February 11 hearing and was especially critical of a section in the revised rule that instructs federal regulators not to consider environmental effects “if they are remote in time, geographically remote, or the product of a lengthy causal chain.”
“This language appears to be surgically designed to eliminate consideration of climate impacts, since these are precisely caused by the cumulative impacts of emissions greenhouse gases,” Toor said. “Our agency is particularly concerned about decisions the federal government may make about energy and transportation infrastructure, or about fossil-fuel development on federal public lands in Colorado, that could undermine our state policy goals and harm residents.”
Toor was one of four members of Governor Jared Polis’s cabinet to testify against the proposed changes. But despite hours of testimony from state agency heads, elected officials, dozens of grassroots activists and other speakers from across Colorado and the West, activists fear that their voices will matter less to the Trump administration than the handful of highly paid lobbyists who expressed their support…
As hearings continued throughout the day inside the EPA’s Denver office, activists from a broad coalition of environmental groups gathered just across the street for a series of rallies outside the Alliance Center, hoping to send a message to Trump and his allies even as they worried that the outcome of its abbreviated public outreach process is preordained.
“We have no illusions that we’re going to show up and change CEQ’s mind, but at least we can demonstrate the political power here,” Nichols says. “We want the Trump administration to regret they ever decided to hold a hearing in Denver.”
The political fight over the Trump administration’s efforts to trim environmental reviews for new development flared across a deep divide Tuesday at a federal hearing in Denver, with climate change looming heavily and frustrations high.
It pitted a large coalition of state and local government leaders, tribal activists and community groups against powerful commercial interests led by construction, real estate, trucking and fossil fuel developers.
On one side, as a White House Council on Environmental Quality panel held its only field hearing outside Washington, D.C., those in favor of “modernizing” reviews under the National Environmental Policy Act, or NEPA, lamented the “weaponizing” of this 50-year-old law to delay pipeline, road, mining and other projects where federal agencies play a decision-making role.
“Too often, it is used by groups opposed to projects going through at all,” Western Energy Alliance vice president Tripp Parks said, referring to efforts to drill on public land to extract oil and gas.
Colorado Motor Carriers Association president Greg Fulton pointed to delays on road expansion projects, saying “congestion on our nation’s highways now costs the trucking industry $70 billion annually.”
An environmental review for the $1.2 billion realignment of Interstate 70 as it cuts across north Denver spanned 13 years, led to five lawsuits and 148 required mitigation efforts that raised the cost by $50 million — evidence of “a broken system,” said Matt Girard, a Denver-based director of the American Road and Transportation Builders Association.
On the other side, WildEarth Guardians attorney Jeremy Nichols countered that “delay is a sign that NEPA is working.” Nichols submitted a petition that he said contained signatures of 15,000 Americans opposed to the proposed NEPA changes.
The 170 or so full reviews launched nationwide each year that require environmental impact statements take, on average, four and a half years to complete, White House officials said. Some 10,000 lesser “environmental assessments” are conducted more quickly…
A preponderance of the 100 people who testified were against the proposed overhaul, including Colorado government leaders and environmental protection advocates. They argued that careful, science-driven reviews, tedious as they can be, are essential for democracy and lead to better decisions. NEPA reviews in Colorado ensured that building I-70 through Glenwood Canyon did not lead to blasting away pristine cliffs and re-channeling the Colorado River as originally planned.
Dozens of other opponents who could not secure tickets to testify, including Denver City Council President Jolon Clark, held rallies outside in a snow-drenched parking lot near the Environmental Protection Agency building where the all-day hearing was held…
Inside the EPA hearing room, Nebraska landowner Jeanne Crumly, facing installation of an oil and gas pipeline from Canada across her land, urged the White House officials to reverse proposed changes that would limit review of indirect impacts that are “remote in time” or place because that could mean reviewers fail to anticipate likely toxic spills and decreasing land values that reduce local government tax revenues.
And a proposed change that would let project developers conduct their own environmental impact studies, while consulting with feds, could give a foreign corporation, such as the pipeline company TransCanada, influence over U.S. federal decisions.
Native Americans led the struggle against streamlining NEPA reviews, which also include restrictions on public comment and a rule that agencies could only consider scientific studies that are deemed “reliable.”
“We sit on the precipice of environmental and ecological collapse… We cannot have an economy on a dead planet,” said Navajo musician and poet Lyla June Johnston.
Navajo high school student Najhozhoni Rain Ben, 17, studying math and aiming for physics and business, drove from her home in Shiprock, N.M., to Denver — joining other out-of-state residents from as far as North Carolina who seized the opportunity to weigh in for comprehensive NEPA reviews.
Crying as she testified, Ben said: “I am no coward. … And we do not care only for ourselves. … This should not be happening. We shouldn’t be talking about this. We should be implementing plans for the future. This is not for the future. This is for profit.”
Colorado Energy Office director Will Toor said the White House-backed changes “appear surgically designed to eliminate consideration of climate impacts.” Toor testified that residents of Colorado and the West disproportionately feel climate warming impacts, including worse droughts, catastrophic wildfires, reduced snowpack, increased 100 degree-plus days and extreme storms.
“The persistent burning of fossil fuels both in and outside our state has altered the climate,” Colorado Department of Natural Resources director Dan Gibbs told the White House officials, urging continued reviews that address wide impacts. Proposed trims of the process would undermine NEPA, Gibbs said.
John Putnam, the Colorado health department’s environmental programs chief, pointed to the ozone air pollution for which Colorado now ranks among the most serious violators of federal air quality health standards as “the ultimate cumulative or indirect impact” because it comes from multiple sources and forms through chemicals mixing in the atmosphere…
White House officials told The Denver Post they will give equal weight to oral testimony and 43,000 or so comments received online as of Tuesday at regulations.gov (docket number CEQ-2019-0003).
Council on Environmental Quality panel member Stuart Levenbach said testimony citing specific proposed changes, such as removal of the words “cumulative effects,” likely would make the most difference as the White House and other federal agencies conduct reviews and consider possible adjustments in their proposed overhaul. A second hearing is set for Feb. 25 in Washington, D.C., and online comments must be sent by March 10.
From the Western Council of Resource Councils via Indian Country Today:
Community leaders from across the Western U.S. traveled to Denver, Colorado today to testify at a hearing held by the Council on Environmental Quality (CEQ), the division of the White House charged with implementing the National Environmental Policy Act (NEPA). In the public hearing, farmers, ranchers, tribal members, environmental experts and others from across the West turned out in force to tell the Council on Environmental Quality that the National Environmental Policy Act’s public comment process promotes public participation in government decision-making, and should be strengthened, not weakened. Those testifying told the Council on Environmental Quality that the National Environmental Policy Act fosters better government decisions and prevents harm to the environment and public health.
Mark Fix, rancher and Northern Plains Resource Council leader from Miles City, Montana, spoke about how he and other ranchers mobilized during a National Environmental Policy Act review to oppose a coal railroad that jeopardized their private property rights and ranching operations. “Thanks to the National Environmental Policy Act, landowners and irrigators who live along the Tongue River are safe from having the railroad condemn their property. However, if the National Environmental Policy Act is changed, the railroads and coal companies could literally force their way across our property and our public lands and develop a railroad and a coal mine that are not needed. We must protect the land and water for future generations. Without the National Environmental Policy Act there will be little hope that citizens can protect the land and water that we need to survive.”
“The National Environmental Policy Act’s public participation requirements are especially important for landowners and others who are directly impacted by decisions related to oil and gas development, power line construction, pipeline right of ways, and other federal actions that are proposed by private corporations,” said Liza Millett of Laramie, Wyoming, a member of the Powder River Basin Resource Council. “The National Environmental Policy Act is the process by which those of us impacted by these kinds of decisions get to submit comments to the agency. In many cases, public comments result in a better decision. Comments help reduce impacts and often force the agency to look at alternatives and other options that it would not have considered but for the public involvement in the process.”
“For tribal communities like Fort Berthold, which bear the brunt of health problems such as heart disease and asthma from the poorly planned federal projects, the National Environmental Policy Act isn’t just an environmental protection law, it’s a critical tool for ensuring our voice. We cannot afford to lose it.” said Lisa DeVille, a leader with Fort Berthold Protectors of Water and Earth Rights, from Mandaree, North Dakota. “Any law that provides broad opportunities for public participation in government decisions that affect the environment and local communities shouldn’t be rolled back; rather, laws like the National Environmental Policy Act should be embraced and strengthened. The National Environmental Policy Act is one of the only avenues for tribal members to have any input on federal actions.”
“From personal experience, industry dishonesty and agency fear cause document review delays and excessive paperwork,” said Shannon Ansley, Environmental Hydrogeologist and Idaho Organization of Resource Councils member from Pocatello, Idaho. “If the Council on Environmental Quality approves the proposed changes to the National Environmental Policy Act, there will be increased litigation on federal actions, effectively slowing, instead of speeding up, the process of reviews and approval.”
Under the proposed rules, government agencies could ignore the landscape-scale or global impacts of a project, such as climate change; public participation would be reduced to the lowest legal amount; and complex environmental reviews would be subject to arbitrary time and page limits. The proposal also explicitly allows a project applicant, such as a company proposing to mine or drill public minerals or on tribal lands, to prepare its own environmental impact statement and removes the prohibition on hiring contractors that have conflicts of interest, such as financial ties to the applicant.
The Western Organization of Resource Councils (WORC) is a network of grassroots organizations that span seven of the Western states with 15,000 members. Many Western Organization of Resource Councils members live on lands overlying and neighboring federal, tribal, state and privately owned mineral deposits, and experience numerous impacts due to federal mineral production and other federal projects. Headquartered in Billings, Montana, Western Organization of Resource Councils also has offices in Colorado and Washington, D.C.
Northern Plains is a grassroots conservation and family agriculture group that organizes Montanans to protect our water quality, family farms and ranches, and unique quality of life.
The Powder River Basin Resource Council, founded in 1973, is a family agriculture and conservation organization in Wyoming. Resource Council members are family farmers and ranchers and concerned citizens who are committed to conservation of our unique land, mineral, water, and clean air resources.