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    Green investment boom and electric car sales: six key things about Biden’s climate bill

    The US’ first serious legislative attempt to tackle the climate crisis, the Inflation Reduction Act, is hitting its first anniversary both lauded for turbocharging a seismic shift to clean energy while also weathering serious attack from Republicans.Joe Biden hailed the bill, which despite its name is at heart a major shove towards a future dominated by renewable energy and electric vehicles, as “one of the most significant laws in our history” when signing it on 16 August last year.And the White House is trying to use the first year marker to extol it as a pivotal moment in tackling the climate emergency.“It’s the largest investment in clean energy in American history, and I would argue in world history, to tackle the climate crisis,” John Podesta, Biden’s chief clean energy advisor, told the Guardian. “With any legislation it takes time to get traction, but this is performing above expectations.”Podesta said there has been an “enormous response” in take-up for the tax credits that festoon the $369bn bill, directed at zero-carbon energy projects such as solar, wind and nuclear, grants for bring renewables manufacturing to the US and consumer incentives to purchase electric cars, heat pumps and electric stoves.Here are the key points to know about the impact of the act so far as it approaches its anniversary on August 16:1A boom in clean energy investmentThere has been around $278bn in new clean energy investments, creating more than 170,000 jobs, across the US in the first year of the Inflation Reduction Act, according to an estimate by the advocacy group Climate Power. The White House claims that there will be twice as much wind, solar and battery storage deployment over the next seven years than if the bill was never enacted, with companies already spending twice as much on new manufacturing facilities as they were pre-IRA.“It’s been more impactful than I or other observers would’ve thought,” said James Stock, a climate economist at Harvard University.Stock said that while the Inflation Reduction Act won’t by itself eliminate planet-heating emissions in the US, it is the “first substantive step” towards doing so and should help propagate the next generation of hoped-for clean fuels, such as hydrogen, in its 10-year lifespan. “As the tax credits are uncapped, too, we will see a lot more invested than we expected,” he said. “We could easily see $800bn to $1.2tn.”2More people are buying electric vehiclesThe Inflation Reduction Act includes rebates of up to $7,500 for buying an electric vehicle, and this incentive appears to be paying off – EV sales are set to top 1m in the US for the first time this year. Moreover, over half of US drivers are considering an EV for their next purchase, polling has shown.This transition isn’t without its hurdles, however – there has been a shortage of key parts in the EV supply chain, many models still remain prohibitively expensive and unions have been unhappy at the lack of worker protections for many of the new plants that are popping up. Climate advocates, meanwhile, have questioned why similarly strong support hasn’t been given to public transit or e-bikes to help get people out of cars altogether.3It will slash US emissions, but not by enoughThe US is the world’s second largest emitter of greenhouse gases and the Inflation Reduction Act is widely forecast to slash these emissions, by as much as 48% by 2035, from 2005 levels, according to one analysis.These forecasts have a relatively wide range of estimates due to uncertainties such as economic growth but even in the most optimistic scenario the US will require further measures if it is to get to net zero emissions by 2050, as scientists have said is imperative if the world is to avoid catastrophic climate impacts.“Even though we passed the IRA you ain’t seen nothing yet,” said Chuck Schumer, the Democratic Senate leader, in promising a fresh climate bill recently. But given the riven nature of US politics, the prospects of such legislation is remote in the near term.A more likely way to bridge the emissions gap will be a raft of regulatory actions by the Environmental Protection Agency, such as new standards to cut pollution from cars, trucks and power plants, as well as progress by individual states. “We basically need everything to go right,” said John Larsen, a partner at Rhodium group, an energy analysis organization4The IRA has so far escaped Republican cuts – but Biden is fighting to get creditThe legislation was a breakthrough moment following decades of obfuscation and delay by Congress despite increasingly frantic warnings by climate scientists over global heating, with the bill itself borne from months of torturous, comprise-laden negotiations with Joe Manchin, the coal baron senator from West Virginia who held a swing vote for its passage.But the legislation has already faced the threat of repeal from Republicans, who universally voted against it, with the GOP’s first bill after gaining control of the House of Representatives this year gutting key elements of the Inflation Reduction Act. This is despite the majority of clean energy investments flowing to Republican-led districts.Biden has also faced the ire of climate progressives for somewhat undercutting his landmark moment with an aggressive giveaway of oil and gas drilling leases on public land, including the controversial Willow oil project in Alaska, and for incentivizing the use of technologies such as carbon capture that have been criticized as an unproven distraction at a time when the world is baking under record heatwaves.“Biden has an atrocious track record on fossil fuels, and that needs to change,” said Jean Su, an attorney and climate campaigner at the Center for Biological Diversity who called on Biden to declare a climate emergency. There needs to be a “sea-change in this administration’s approach” on the climate crisis, according to Jeff Merkley, a Democratic senator. “No more green lighting fossil gas projects. No more stalling on a climate emergency. Now is the time for us to live up to the full promise of the Inflation Reduction Act.”Polling shows the majority of American voters disapprove of Biden’s handling of the climate crisis and only three in 10 have heard that much about the Inflation Reduction Act at all. Such perceptions will need to be turned around if the US president is to help secure the legacy of the bill in next year’s election.“We are going at a record clip to try to address this climate crisis,” said White House adviser Podesta. “I know people want us to hurry up and I wish we could produce a net zero economy immediately but this is a global transition that’s never occurred in human history. We need to get this job done.”The IRA act has not pleased leaders in the EU who have attacked it for being “protectionist” though some have argued they should instead be investing along similar lines.Clean energy investment has gone to red statesNo Republican voted for the Inflation Reduction Act but most of the investment that has been triggered by the bill has been funneled into projects in GOP-held Congressional districts. An emerging ‘battery belt’ is forming in the US south, with battery and electric vehicle plants popping up in states such as Georgia, Tennessee and Texas.“The IRA has been absolutely critical for us in terms of giving market certainties to go bold and big in our investment,” said a spokeswoman for QCells, a solar manufacturer that has embarked upon a major expansion in Georgia.5Renewables are booming – but there’s a transmission bottleneckIf the future wasn’t renewables before the IRA, it certainly is now – more than 80% of new electricity capacity this year will come from wind, solar and battery storage, according to federal government forecasts. The framers of the legislation hoped it will create a sort of virtuous circle whereby more renewable capacity will push down the cost of already cheap clean energy sources, seeding yet further renewable deployment.Solar panels may be dotting California and wind turbines sprouting off the east coast, but without the unglamorous build-out of transmission lines much of the benefits of the Inflation Reduction Act may be lost.Not only is there a lack of physical poles and wires to shift clean energy from one part of the country to another, many clean energy projects are facing interminable waits, lasting several years, to be connected to the grid at all. There is more than 1,250 gigawatts of solar and wind capacity actively seeking grid connection, which is about equal to the entire existing US power plant fleet.“Something’s going to have to change to get this deployment online,” said Larsen. “Beyond that it will be about building stuff at scale, very, very quickly.” More

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    January 6 grand jury to hear testimony from Trump aide – US politics live

    From 2h agoA federal grand jury investigating Donald Trump’s efforts to overturn the 2020 election will hear testimony from an aide who was with the former president for much of the day on 6 January 2021, according to multiple reports.William Russell, a former White House aide who now works for Trump’s presidential campaign, is scheduled to testify before he grand jury convened by special counsel Jack Smith, both CNN and NBC reported.Russell, who has previously testified before the grand jury, served in the Trump White House as a special assistant to the president and deputy director of advance, before moving to Florida to work as an aid to Trump after he left office.Multiple former senior Trump White House officials have testified before the grand jury in the special counsel’s investigation into the January 6 insurrection. Among those who have testified are Trump’s son-in-law and former White House senior adviser, Jared Kushner, and former top Trump aide, Hope Hicks.In April, Mike Pence testified for seven hours behind closed doors, meaning the details of what he told the prosecutors in the case remain uncertain.House speaker Kevin McCarthy has denied he privately promised former president Donald Trump that he would get legislation passed that would erase Trump’s two impeachments.According to a Politico report, Trump was outraged at McCarthy for withholding his endorsement of his presidential run in the 2024 election. In an interview last month, McCarthy expressed doubt that Trump was the “strongest” candidate to defeat Joe Biden and win back the White House next year.“He needs to endorse me – today!” Trump is said to have fumed to his staff on his way to a campaign event in New Hampshire. McCarthy called Trump to apologize after the interview, claiming he misspoke, sources told CNN at the time.In return for delaying that endorsement, according to Politico, McCarthy pledged that he would get the House to vote to expunge” both impeachments against the former president. The outlet said McCarthy had promised to do so before Congress leaves for an August recess. Recess begins in less than two weeks.In 2019, a Democrat-controlled House voted to impeach Trump for abuse of power and obstruction of Congress after he asked Ukraine to investigate his presidential election rival, Joe Biden, and his son on unsubstantiated corruption accusations.The House impeached Trump for a second time in 2021 for his actions ahead of the deadly January 6 attack on the US Capitol by his supporters. The Senate acquitted him both times, thanks to the votes of Republicans. McCarthy voted against impeaching Trump both times.“There’s no deal,” McCarthy told a reporter in the Capitol on Thursday, Reuters reported.The South Carolina senator Lindsey Graham, the top Republican on the Senate judiciary committee, accused Democrats of trying to “destroy” the supreme court and said the ethics bill “is an assault on the court itself”.Congress should stay out of the court’s business, Graham said.Opening the committee meeting, Senate judiciary chair Dick Durbin said the legislation would be a “crucial first step” in restoring confidence in the court.Graham vowed, in response, that “all of us are going to vote no”. From NBC’s Sahil Kapur:Here’s a rundown of the ethical controversies supreme court justices have been involved in.Real estate transactionsClarence Thomas’s friend Harlan Crow, the Texas Republican billionaire mega-donor, bought three properties that the conservative justice and his family owned, including Thomas’s childhood home in Savannah, Georgia, where Thomas’s mother still lives. Crow made significant renovations, cleared blight and let Thomas’s mother live there rent-free. The cost was more than $100,000 but was not disclosed.Justice Neil Gorsuch sold a 40-acre property he co-owned in rural Colorado after he became a justice, Politico reported. Brian Duffy, the chief executive of Greenberg Traurig, which has had more than 20 cases before the supreme court, bought the property in 2017. Gorsuch disclosed the sale and reportedly made between $250,000 and $500,000, but he left blank the buyer’s identity.School supportCrow paid thousands of dollars in private school tuition for two boarding schools that Thomas’s great-nephew attended, ProPublica reported. The transaction was not disclosed.An investigation by the Associated Press revealed how colleges and universities attract supreme court justices to campuses as a way to generate donations for institutions, raising ethical concerns around a court that, unlike other government agencies, does not have a formal code of conduct. The visits have resulted in all-expenses-paid teaching opportunities and book sales.Money to partnersThe Republican activist Leonard Leo paid Thomas’s wife, Ginni, $25,000 for polling services in January 2012, telling the Republican pollster Kellyanne Conway to make “no mention of Ginni”, the Washington Post reported. It’s unclear whether that is a direct ethical concern for Clarence Thomas but it may constitute a conflict of interest.Ginni, who also attended the January 6 attack at the Capitol, reportedly exchanged text messages with the then White House chief of staff Mark Meadows, encouraging him to support then president Donald Trump’s false election fraud claims aimed at subverting the results of his 2020 electoral defeat. The Judicial Education Project, a law firm tied to Leo, filed a brief to the supreme court in the landmark case that eventually gutted the Voting Rights Act not long after the payment was made.Roberts’ wife, Jane Sullivan Roberts, ran a legal recruiting firm that raised ethical concerns since she made millions of dollars in commissions from placing lawyers at firms, some of which appeared before the court. The New York Times obtained a letter from a former colleague of Roberts to the US justice department and Congress inquiring about the connection.Luxury tripsFor more than two decades, Thomas accepted millions of dollars’ worth of luxury trips on private planes and “superyachts”, and vacations from his friend Crow without reporting them on financial disclosure forms, ProPublica reported. Crow has said that he did not attempt to influence Thomas politically or legally nor did he discuss pending supreme court cases. Thomas said he was told he was not required to disclose the trips. Notably, a company linked to Crow was involved in at least one case before the US supreme court, Bloomberg reported. Thomas did not recuse himself from the case.Justice Samuel Alito reportedly took a private jet to an all-expenses-covered fishing trip to Alaska, paid for by the hedge fund billionaire and conservative mega-donor Paul Singer. NPR reports that Singer has been involved in 10 appeals to the supreme court. In an unprecedented move, Alito defended himself in an op-ed in the Wall Street Journal, declaring he did not have to recuse himself and followed what he “understood to be standard practice”.The Senate judiciary committee is expected to vote today on a bill that would require the supreme court to adopt a code of ethics.Senate Democrats have called for a measure to establish a code of conduct for the supreme court justices similar to those that other government agencies must follow.The bill, unlikely to pass in a divided Congress, would demand the court create a code within 180 days and establish rules on recusals related to potential conflicts of interest and disclosure of gifts and travel.The panel vote comes after months of scrutiny on the court over ethical controversies supreme court justices have been involved in.Senate judiciary committee chair, Dick Durbin, said this week:
    Just about every week now, we learn something new and deeply troubling about the justices serving on the supreme court, the highest court in the land in the United States, and their conduct outside the courtroom.
    Let me tell you, if I or any member of the Senate failed to report an all-expense paid luxury getaway or if we used our government staff to help sell books we wrote, we’d be in big trouble.
    The bill would need at least nine GOP votes to pass, and Republicans appear united against it, arguing that the legislation would undermine the separation of powers and “destroy” the court.Twice impeached and now twice arrested and indicted. Donald Trump faces serious charges in New York and Florida over a hush-money scheme during the 2016 election and his alleged mishandling of classified documents.And more criminal charges could be on the way for Trump in Georgia and Washington DC. Here is where each case against Trump stands:Classified documents case in FloridaStatus: Trump pleaded not guilty; trial scheduled for AugustCharges: 31 counts of willful retention of national defense information under the Espionage Act, conspiracy to obstruct justice and false statements and representations, among othersHush-money case in New YorkStatus: Trump pleaded not guilty; trial forthcomingCharges: 34 felony charges of falsifying business recordsJanuary 6 case in WashingtonStatus: Subpoenas issued by grand juryPotential charges against Trump: Obstruction of an official proceeding, conspiracy to defraud the government and incitement of an insurrection2020 election meddling case in GeorgiaStatus: Grand jury report finished; charging decisions expected this summerPotential charges against Trump: Election code violationsE Jean Carroll lawsuits in New YorkStatus: First lawsuit going to trial; second lawsuit on appealAllegations against Trump: Defamation and sexual abuseRead the full story here. Donald Trump has said he has until midnight tonight to testify before the federal grand jury deciding whether to indict him over his efforts to overturn the 2020 election.Targets of criminal investigations rarely speak to grand juries, as they are usually advised by their attorneys to not take up invitations to meet with the grand jury because any statements provided in that setting could be used to help build a case against them in the event that they’re charged.Trump has not exercised that right in the two other criminal cases in which he’s been charged, Politico’s Kyle Cheney writes. Recent witnesses who have appeared before the grand jury investigating Donald Trump’s efforts to overturn the 2020 election were reportedly asked about the former president’s state of mind surrounding the January 6 insurrection.Federal prosecutors asked multiple former senior Trump White House officials to speak to Trump’s mindset in the days and weeks after losing the 2020 election, leading up to 6 January, according to a New York Times report. Witnesses including Trump’s son-in-law, Jared Kushner, were asked if he had privately acknowledged that he had lost the election, it said. Kushner is understood to have said that it was his impression that Trump truly believed the election was stolen.The line of questioning suggested prosecutors were trying to determine if Trump acted with corrupt intent as he sought to remain in power, the paper said.A federal grand jury investigating Donald Trump’s efforts to overturn the 2020 election will hear testimony from an aide who was with the former president for much of the day on 6 January 2021, according to multiple reports.William Russell, a former White House aide who now works for Trump’s presidential campaign, is scheduled to testify before he grand jury convened by special counsel Jack Smith, both CNN and NBC reported.Russell, who has previously testified before the grand jury, served in the Trump White House as a special assistant to the president and deputy director of advance, before moving to Florida to work as an aid to Trump after he left office.Multiple former senior Trump White House officials have testified before the grand jury in the special counsel’s investigation into the January 6 insurrection. Among those who have testified are Trump’s son-in-law and former White House senior adviser, Jared Kushner, and former top Trump aide, Hope Hicks.In April, Mike Pence testified for seven hours behind closed doors, meaning the details of what he told the prosecutors in the case remain uncertain.What the potential charges means for Trump is unclear.Prosecutors have been examining various instances of Trump pressuring officials like his former vice-president Mike Pence, but Trump’s efforts to obstruct the transfer of power could also be construed as conspiring to defraud voters more generally.The other two statutes, meanwhile, suggest a core part of the case against Trump is focused on the so-called fake electors scheme and the former president’s efforts to use the fake slates in a conspiracy to stop the congressional certification of Joe Biden’s election win on 6 January 2021.The target letter did not cite any seditious conspiracy, incitement of insurrection or deprivation of rights under color of law – other areas for which legal experts have suggested Trump could have legal risk.Last year, the House select committee that investigated the Capitol attack concluded that Trump committed multiple crimes in an attempt to reverse his 2020 defeat to Joe Biden, including conspiracy to defraud the United States and obstruction of an official proceeding.The committee issued symbolic criminal referrals to the justice department, although at that point the justice department had since stepped up its criminal investigation with the addition of new prosecutors in spring 2022 before they were folded into the special counsel’s office.House investigators also concluded that there was evidence for prosecutors to charge Trump with conspiracy to defraud and obstruction of an official proceeding. They also issued referrals for incitement of insurrection, which was not listed in the target letter.Should prosecutors charge Trump in the federal January 6 investigation, the case could go to trial much more quickly than the Mar-a-Lago classified documents case – before the 2024 election – because pre-trial proceedings would not be delayed by rules governing national security materials.Federal prosecutors investigating Donald Trump’s efforts to overturn the 2020 election results have evidence to charge the former president with three crimes, including section 241 of the US legal code that makes it unlawful to conspire to violate civil rights, two people familiar with the matter said.The potential charges detailed in a target letter sent to Trump by prosecutors from the office of special counsel Jack Smith, who also charged Trump with retaining classified documents last month, was the clearest signal of an imminent indictment.Prosecutors appear to have evidence to charge Trump with obstruction of an official proceeding and conspiracy to defraud the United States based on the target letter, two statutes that the House select committee examining the January 6 Capitol attack issued criminal referrals for last year.The target letter to Trump identified a previously unconsidered third charge, the sources said. That is section 241 of title 18 of the US code, which makes it unlawful to conspire to threaten or intimidate a person in the “free exercise” of any right or privilege under the “Constitution or laws of the United States”.The statute, enacted to protect the civil rights of Black voters targeted by white supremacy groups after the US civil war, is unusual because it is typically used by prosecutors in law enforcement misconduct and hate crime prosecutions, though its use has expanded in recent years.Donald Trump has until Thursday midnight to respond to special counsel Jack Smith and tell his office whether he will appear before a grand jury in the justice department’s investigation into efforts to overturn the 2020 election results.A letter sent to Trump by prosecutors from Smith’s office on Sunday identified the former president as a “target” in the probe into the January 6 insurrection, Trump posted to his Truth Social website on Tuesday. He wrote:
    Deranged Jack Smith, the prosecutor with Joe Biden’s DOJ, sent a letter … stating that I am a TARGET of the January 6th Grand Jury investigation, and giving me a very short 4 days to report to the Grand Jury, which almost always means an Arrest and an Indictment.
    People who receive target letters from federal authorities are usually advised by their attorneys to not take up invitations to meet with the grand jury because any statements provided in that setting could be used to help build a case against them in the event that they’re charged.Good morning, US politics blog readers. The former president, Donald Trump, has quietly added a criminal defense attorney to his legal team as he faces a potential indictment in the justice department’s investigation into the January 6 insurrection.Attorney John Lauro, who has also represented Trump attorneys Christina Bobb and Alina Habba, is joining Trump’s legal team alongside Todd Blanche, according to sources, CNN reported late on Wednesday.Lauro will be solely focused on special counsel Jack Smith’s investigation into Trump’s efforts to remain in office following his 2020 election defeat to Joe Biden, including the deadly 6 January 2021 riot in which his supporters overran the Capitol building in Washington DC.Federal prosecutors have evidence to charge the former president with three crimes, including section 241 of the US legal code that makes it unlawful to conspire to violate civil rights, the Guardian reported last night, citing two people familiar with the matter.Trump faces being charged with obstruction of an official proceeding and conspiracy to defraud the United States, two statutes that the House select committee examining the January 6 Capitol attack issued criminal referrals for last year.The target letter also identified a previously unconsidered third charge, the sources said. That is section 241 of title 18 of the US code, which makes it unlawful to conspire to threaten or intimidate a person in the “free exercise” of any right or privilege under the “Constitution or laws of the United States”.The potential charges detailed in a target letter sent to Trump by prosecutors from Smith’s office, who also charged Trump with retaining classified documents last month, was the clearest signal of an imminent indictment.Here’s what else we’re watching today:
    9am ET: Joe Biden will get his daily intelligence briefing.
    9am ET: The House will hold a hearing on online censorship. Democratic presidential hopeful, Robert F Kennedy, is expected to testify.
    10am ET: The Senate will meet to resume consideration of an EPA nomination and the NDAA.
    10.20am ET: Biden will leave for Joint Base Andrews, where he will fly to Philadelphia.
    10.45am ET: House Minority Leader Hakeem Jeffries will hold his weekly news conference.
    1pm ET: Biden will speak about “Bidenomics”. He will depart Philadelphia to return to the White House in the afternoon. More

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    Biden team to propose strict vehicle pollution limits to boost EV sales

    The Biden administration will propose strict new automobile pollution limits requiring that all-electric vehicles account for as many as two of every three new vehicles sold in the US by 2032 in a plan that would transform the US auto industry.Under the proposed regulation, expected to be released by the Environmental Protection Agency (EPA) on Wednesday, greenhouse gas emissions for the 2027 through 2032 model years for passenger vehicles would be limited to even stricter levels than the auto industry agreed to in 2021.“This is a massive undertaking,” said John Bozzella, the president of the Alliance for Automotive Innovation, told the New York Times, which first reported on the proposed limits. “It is nothing short of a complete transformation of the automotive industrial base and the automotive market.”The auto industry is expected to push back against the plan, which comes nearly two years after carmakers pledged to make electric vehicles comprise half of US new car sales by 2030 as part of a history-making transition from gasoline-powered engines to battery-powered vehicles. Environmental groups have applauded the ambitious limits proposed by the Biden administration.The proposal would require at least 54% of new vehicles sold in the US to be electric by 2030, four percentage points higher than the 2021 goal that the industry previously agreed to, and up to 67% of new vehicles by 2032. The 2021 agreement came after strong pressure from President Biden, who signed an executive order setting a target for half of all new vehicles sold in 2030 to be zero-emissions vehicles.The president also wants automakers to raise gas mileage and cut tailpipe pollution between now and model year 2026, which would be a significant step toward his pledge to cut US planet-warming greenhouse gas emissions in half by 2030.Electric vehicles accounted for only 7.2% of US vehicle sales in the first quarter of the year, but the share of EV sales is on the rise – last year it was 5.8% of new vehicle sales.The EPA declined to offer details ahead of Wednesday’s announcement, but confirmed in a statement that, as directed by Biden’s order, it is “developing new standards that will … accelerate the transition to a zero-emissions transportation future, protecting people and the planet”.The proposed regulation isn’t expected to become final until next year. More

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    Trump appointees interfered to weaken EPA assessment of toxic chemical

    Trump administration appointees at the Environmental Protection Agency (EPA) meddled in agency science to weaken the toxicity assessment of a dangerous chemical, a new report by the US body’s internal watchdog has found.In response to what it labeled “political interference”, the Biden administration in February 2021 pulled the assessment, republished it months later using what it said is sound science, and declared it had resolved the issue.But EPA scientists who spoke to the Guardian say several employees willingly worked with the Trump appointees to weaken the assessment, and they were never reprimanded or fired.The scientists say the controversy is part of a deeper problem afflicting the EPA: industry influence on career staff, and an unwillingness from the EPA to address it.“The issue is part of the larger rot at the agency of career staff working with industry to weaken the EPA,” a current agency scientist familiar with the situation said. The scientist did not use their name for fear of reprisal.The controversy centered around a 2021 toxicity report for PFBS, a type of PFAS compound that is toxic at low levels. Research has linked the chemical to kidney disease, reproductive problems and thyroid damage, and it has been found throughout the environment, including in an estimated 860,000 Americans’ drinking water.PFAS are known as “forever chemicals” due to their longevity in the environment, and are a growing health hazard.In its recent report, the EPA’s office of inspector general described “unprecedented” interference by former Trump-appointed EPA chief Andrew Wheeler and other political appointees, who ordered the alteration of the PFBS toxicity value just as the assessment was about to be published in late 2020. The revised assessment went live just four days before Trump left office in 2021.The assessment would have been used by regulators to establish drinking-water quality standards and other environmental cleanup targets that companies must meet when addressing pollution. Instead of a specific target number, Wheeler ordered a range of toxicity values for PFBS, which meant companies required to clean up pollution could choose to leave higher levels of the chemical in the environment.That could have led to a “less costly, but possibly insufficient” cleanup, the inspector general wrote in its report, and the change’s critics say it put human health at risk. It is unlikely the revised assessment was used in the few weeks that it was publicly available, the inspector general wrote.The changes were “something that industry has always wanted”, former EPA scientist Betsy Southerland previously told the Guardian.The disagreement about the toxicity value centered around the uncertainty factor used in PFBS’s assessment, which was developed by career scientists in the EPA’s office of research and development (ORD). Uncertainty factors are designed to fill in gaps in data on chemicals’ effects on the human body. In PFBS’s case, studies on how the compound affects thyroid hormone levels and neural development were not available. The uncertainty factors would help account for those gaps.The inspector general noted the ORD’s development of the assessment was twice peer-reviewed, followed EPA review protocol, and the office of chemical safety and pollution prevention (OCSPP) had twice reviewed and signed off on the assessment.“There was a lot of rigor, a lot of involvement across the agency,” said Jennifer Orme-Zavaleta, then an ORD science adviser.Still, at political appointees’ behest, the OCSPP alternative uncertainty factors were inserted just days before the assessment was published. The new numbers were inserted without being fully scientifically vetted, and they lacked “technical and quality assurance review”, the inspector general wrote.The range of toxicity values was framed by political appointees as a “compromise” to resolve the alleged dispute between the OCSPP and the ORD, the inspector general said. The appointees also defended it as a “policy” decision, not an alteration of scientific data.After the Biden EPA pulled the assessment, it issued a statement declaring the process was “compromised by political interference as well as infringement of authorship”.During its review, the administration took no action against career employees who implemented the political appointees’ changes. Those employees “made the changes happily”, according to Kyla Bennett of Public Employees for Environmental Responsibility (Peer), but remained at the agency.An internal email thread from the Trump EPA’s waning days and comments in the inspector general report illuminate how career employees in the OCSPP either requested the changes or did not object to alterations.Among the career employees were Ana Lowit, Todd Stedeford and Tala Henry. Henry and Stedeford were previously accused by whistleblowers of altering scientific documents at industry’s behest to make other chemicals appear less toxic.Stedeford said he “adamantly opposed” the PFBS changes, and denied wrongdoing in previous allegations made against him by whistleblowers.The thread opened on 7 January 2021 with an email from Henry, then a deputy director in the OCSPP, sent to political appointees and career employees within the ORD and the OCSPP. She told the group the alterations are “something [Wheeler] has requested”.skip past newsletter promotionafter newsletter promotionThe only career EPA employee to oppose the order to change the assessment was Orme-Zavaleta, who in a response from the same day noted the assessment had already been reviewed twice and was considered “final”. Further changes would delay it for months because it would need to go through the review process, she told the group.In response to Orme-Zavaleta’s emails, a Trump political appointee said the assessment needed to be published in the next week because Wheeler had a media interview on PFAS and wanted to be able to “highlight” the assessment.“They were trying so hard to get it out before Trump left office,” Bennett said.On 8 January, a Trump appointee said Wheeler had allowed the review process to be “expedited”, and the altered assessment would be published before Biden took over the EPA.“Great news!” the appointee wrote.Wheeler’s decision “flew in the face of scientific integrity”, Orme-Zavaleta told the Guardian.The inspector general report suggests OCSPP career employees such as Stedeford, Henry and Lowit did not object to the changes: “We found no evidence that intimidation or coercion took place.”However, the three career staffers were in an “awkward position”, Orme-Zavelta said.“Career staff report to political leadership, and they were directed to make these changes,” she said. “It was a very tough position for them to say no, because that would have been insubordination.”Bennett said the employees should have pushed back: “Having been a whistleblower at the EPA myself, I understand it is not a fun place to be, but it’s better than just shrugging your shoulders and making the changes. They could have, and should have, fought back.”Lowit now works as a science adviser in the OCSPP and did not respond to a request for comment.Stedeford has since left the EPA to work for a law firm that represents chemical manufacturers.Henry retired amid the inspector general investigation late last year.Orme-Zavaleta said the controversy was “demoralizing” for ORD scientists, and some remain “bitter”.The inspector general report failed to address how to protect employees from political leadership pressure, she added. And with the EPA deeming the incident “political interference” instead of a larger problem, employees who spoke with the Guardian fear more of the same.“People know what happened, and they know there were no consequences, so there’s no deterrent,” said an employee familiar with the situation. “It’s only going to make people more brazen about doing this kind of thing in the future.” More

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    Ohio is facing a chemical disaster. Biden must declare a state of emergency | Steven Donziger

    Ohio is facing a chemical disaster. Biden must declare a state of emergencySteven DonzigerA train derailed and flooded a town with cancer-causing chemicals. But something larger, and more troubling, is at work Earlier this month, a train carrying toxic chemicals derailed in eastern Ohio, exploding into flames and unleashing a spume of chemical smoke on the small town of East Palestine. The train’s freight included vinyl chloride, a chemical known to cause liver cancer and other sicknesses.In response, government and railway officials decided to “burn off” the vinyl chloride – effectively dumping 1.1m lbs of the chemical into the local community, according to a new lawsuit. Officials said that they did so to avert the vinyl chloride from exploding; in contrast, an attorney for the lawsuit has said that the decision was cheap, unsafe, and more interested in restoring train service and appeasing railway shareholders than protecting local residents.East Palestine residents are reporting headaches, sore throats, and burning eyes; dead pets and chickens; and thousands of fish corpses in nearby waterways. The Ohio Department of Natural Resources has said that approximately 3,500 fish, of 12 different species, died across 7.5 miles.In other words, Norfolk Southern’s “controlled burn” may have caused a mushroom cloud of poison to spread over eastern Ohio. The situation demands immediate action from President Biden. Without it, thousands of people – including children and the elderly – and animals will be at continued risk of premature death. Biden must declare a state of emergency and create an independent taskforce to take over the remediation of this eco-catastrophe.Norfolk Southern “basically nuked a town with chemicals” to “get a railroad open”, a former hazmat technician told a local news outlet. It certainly seems like a company with a $55bn market cap chose to sacrifice the health of thousands of people to keep its profits flowing.We need to try to understand how this happened.For one thing, even the initial derailment wasn’t necessarily just an “accident.” It was a function of our out-of-control corporate culture in the United States, which has neutered effective government oversight of hazardous activities – including the rail transport of highly flammable and carcinogenic chemicals. The EPA’s response thus far has been to send a feckless letter to Norfolk Southern pleading it pay for clean-up.That’s not going to cut it. We need to do better.In terms of the sheer quantity of carcinogenic chemicals being released over an area of hundreds of miles, the catastrophe in Ohio is a major, unprecedented public health crisis. Biden must publicly recognize it as such and act to protect the people who live in the affected area. This requires a rapid, all-of-government response overseen not by the EPA but by independent scientists and taskmasters who will be immune to pressure from industry. This sort of taskforce must be willing to threaten the suspension or even nationalization of Norfolk Southern if it does not cooperate.After battling an oil company over the discharge of toxic waste in the Amazon, I can say with some assurance that Norfolk’s response to this crisis so far comes from a time-tested corporate strategy: manage the situation as a public relations challenge and not the humanitarian and ecological catastrophe that it is. Norfolk’s leadership bailed out of a townhall meeting this week, blaming security risks, and has refused to face residents to answer questions.That’s certainly cowardice. But it is also a function of the fact that industry does not respect the power of government to regulate it. Government is supposed to protect us from the excesses of industry; instead it often acts like its partner.If the consequences of not attending had included a sufficient threat to his bottom line, Norfolk Southern CEO Alan Shaw – who earns a reported $4.5m a year – probably would have been at the town hall. And if the government had been doing its job in the first place, there is a good chance this accident would not have happened. During the Trump administration, Norfolk successfully lobbied to repeal a safety rule requiring new electronic brakes. The train was also dangerously long – with only two crew members, and a trainee, supervising its 1.7-mile length.I’m not a scientist. But I know a fair amount about toxicology and how the world’s polluters use a playbook invented by law firms and consultants to downplay the impact of major disasters and lower their legal liability. Local and state officials – who may be under enormous pressure from these industries in the form of campaign donations – often work alongside polluters to “manage” disasters’ political fallout.It’s a one-two punch of disaster mismanagement that is playing out now, in Ohio, with awful consequences for people and the planet. Here are three takeaways about what is really happening and what needs to be done:Be skeptical of claims by authorities that it is “safe” to return to the area. The EPA and state environmental officials have been opaque about what chemicals are being tested for and by what methods, and news reports haven’t indicated any plans so far for any sort of environmental restoration. We also do not know what new chemical compounds the so-called “controlled” burn may have created, and whether tests have been run for those chemicals. In fact, test results have not even been released publicly.Bottom line: there is no transparent scientific or public health basis for declaring the area safe. Until there is, I wouldn’t go near the site of the disaster.The EPA can help, but cannot oversee a clean-up. Corporate lobbying in recent years has undermined the ability of the EPA to regulate industry. Under the Trump administration, chemical lobbyists took over important jobs on the inside and the agency is severely understaffed. Further, the EPA is required by Congress to “balance” industry needs with public safety. It is not focused solely on protecting the community. It sent a letter to Norfolk pleading with it to pay for a cleanup; a real government would have sent a disaster management team to Ohio to take over.Longer-term, the railway industry needs to be revamped. We have civil-war era braking systems on trains carrying deadly chemicals though our communities. Railway unions and whistleblowers have repeatedly raised safety concerns only to be ignored. A new industry concept called “precision scheduling” has pushed trains and workers to the breaking point to extract greater profits for shareholders, which include some of the largest hedge funds on Wall Street.Our government institutions as currently constituted are unable or unwilling to respond effectively to industrial disasters. It is preposterous for any ostensibly advanced country to let a massive chemical polluter clean up a mess like this on its own terms and without effective oversight. This is not an isolated incident. Unless we demand accountability, it will happen again.President Biden: the ball is in your court.
    Steven Donziger is a human rights and environmental lawyer, a Guardian US columnist, and the creator of the Substack newsletter Donziger on Justice
    TopicsPollutionOpinionOhioUS politicsJoe BidenBiden administrationUS Environmental Protection AgencycommentReuse this content More

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    US lawmakers call for more measures to protect against toxic lead in tap water

    US lawmakers call for more measures to protect against toxic lead in tap waterSenators make appeal to EPA after series of Guardian articles revealed that communities of color often face high lead levels US legislators are calling for increased measures to protect American residents from toxic lead in their tap water.A group of up to 15 US senators asked the Environmental Protection Agency on Tuesday to lower the levels of lead allowable in drinking water, require all lead pipes to be replaced in the next decade and ensure that low-income neighborhoods can benefit equally from the remediation efforts.TopicsUS newsAmerica’s dirty divideWaterUS politicsUS Environmental Protection AgencynewsReuse this content More

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    Global dismay as supreme court ruling leaves Biden’s climate policy in tatters

    Global dismay as supreme court ruling leaves Biden’s climate policy in tattersBiden’s election was billed as heralding a ‘climate presidency’ but congressional and judicial roadblocks mean he has little to show Joe Biden’s election triggered a global surge in optimism that the climate crisis would, finally, be decisively confronted. But the US supreme court’s decision last week to curtail America’s ability to cut planet-heating emissions has proved the latest blow to a faltering effort by Biden on climate that is now in danger of becoming largely moribund.The supreme court’s ruling that the US government could not use its existing powers to phase out coal-fired power generation without “clear congressional authorization” quickly ricocheted around the world among those now accustomed to looking on in dismay at America’s seemingly endless stumbles in addressing global heating.The US supreme court has declared war on the Earth’s future | Kate AronoffRead moreThe decision “flies in the face of established science and will set back the US’s commitment to keep global temperature below 1.5C”, said Saleemul Huq, director of the International Centre for Climate Change and Development in Bangladesh, in reference to the internationally agreed goal to limit global heating before it becomes truly catastrophic, manifesting in more severe heatwaves, floods, droughts and societal unrest.“The people who will pay the price for this will be the most vulnerable communities in the most vulnerable developing countries in the world,” Huq added.The “incredibly undemocratic Scotus ruling” indicates that “backsliding is now the dominant trend in the climate space,” said Yamide Dagnet, director of climate justice at Open Society Foundations and former climate negotiator for the UK and European Union. António Guterres, the secretary general of the United Nations who has called new fossil fuel infrastructure “moral and economic madness”, said via a spokesman that the ruling was a “setback” at a time when countries were badly off track in averting looming climate breakdown.In the 6-3 ruling, backed by the rightwing majority of justices, the supreme court did not completely negate the US Environmental Protection Agency’s (EPA) ability to regulate emissions from coal plants. But it did side with Republican-led states in stating that the government could not set broad plans to shift electricity generation away from coal because of the nebulous “major questions doctrine” that demands Congress explicitly decide on significant changes to the US economy.“The court appoints itself, instead of Congress or the expert agency, the decision-maker on climate policy,” wrote justice Elena Kagan in an unusually blunt dissenting opinion. “I cannot think of many things more frightening.”Al Gore, the former US vice-president said the ruling was the “result of decades of influence and coordination by the fossil fuel lobby and its allies to delay, obstruct, and dismantle progress toward climate solutions”.For Biden, who called the ruling “devastating”, the court’s decision is just the latest crushing jolt to what was billed as a “climate presidency” when he was elevated to the White House.Landmark legislation to bolster clean energy has stalled in Congress, largely due to the opposition of Joe Manchin, a centrist Democrat who has a coal-trading firm, and is perilously close to not being resurrected in time before midterm elections later this year in which Democrats are expected to lose their tenuous hold on Congress. The US, almost uniquely among major democracies, still has no national climate or energy policy in place.Biden’s promise to end oil and gas drilling on public land has been unfulfilled, while Russia’s invasion of Ukraine has caused gasoline prices to leap, prompting the president to urge oil companies to ramp up production, to the horror of climate campaigners.The president has vowed that the US will cut its emissions in half by 2030 but this goal, and America’s waning international credibility on climate change, will be lost without both legislation from Congress and strong executive actions. Both of these factors remain highly uncertain, with the supreme court’s ruling sharply restricting the latter option. Gina McCarthy, the White House’s top climate adviser, has admitted the administration will have to get “creative” in forcing down emissions.“Congress acting on climate was important before this decision, now it’s even more important,” said John Larsen, partner at Rhodium group, a climate and energy analysis organization. According to Rhodium, the supreme court ruling is not fatal to US climate targets but there are still 1.7bn to 2.3bn tons of greenhouse gases that will need to be prevented on top of current policy if the 2030 goal is to be met.“The EPA still has authority, although it is more narrow than it was, so they need to get moving and crank out some rules because there’s not a lot of time left,” Larsen said.“It’s entirely possible the US will meet its emissions target but we have just eight years until 2030. The ball needs to start rolling very fast, very soon, if we are to get there. Everyone needs to really step up and start delivering.”TopicsClimate crisisUS supreme courtUS Environmental Protection AgencyUS politicsJoe BidennewsReuse this content More

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    The US supreme court has declared war on the Earth’s future | Kate Aronoff

    The US supreme court has declared war on the Earth’s futureKate AronoffIn a major environmental case, the court has made clear that it would rather represent the interests of corporations and the super-rich than the needs and desires of the vast majority of Americans – or people on Earth In remarks to the first Earth Day gathering in 1970, the Maine senator Edmund Muskie made the case for the Clean Air Act – a bill he helped draft – in stark terms. “There is no space command center, ready to give us precise instruction and alternate solutions for survival on our spaceship Earth,” he told the crowd. “Our nation – and our world – hang together by tenuous bonds which are strained as they have never been strained before – and as they must never be strained again. We cannot survive an undeclared war on our future.”In its Thursday ruling on West Virginia v EPA – in line with a string of decisions that will make life here more dangerous – the US supreme court all but declared that war, curtailing the Environmental Protection Agency’s ability to regulate power plants under a provision of the Clean Air Act and – more worryingly – striking an opening blow to the government’s ability to do its job.It hasn’t done so alone. The foundations for today’s ruling, like the other disastrous ones delivered this term, were laid well before Muskie gave his speech in Philadelphia. Along with the Clean Water Act, the Clean Air Act – passed during the Nixon administration – was a last gasp of the New Deal order, putting the government to work on an audacious and unprecedented task. Muskie hoped, as he said that day, that it might bring about “a society that will not tolerate slums for some and decent houses for others, rats for some and playgrounds for others, clean air for some and filth for others” through “planning more effective and just laws and more money better spent”.That approach to governance is precisely what a coterie of rightwing philanthropists and legal activists found so threatening, and why they became a core part of the right’s decades-long crusade against the kinder, bigger state.The crowning achievement of that crusade was the election of Ronald Reagan, who proved to be a useful cipher for fossil fuel-funded thinktanks and neoliberal economists to get their message out. It was none other than Justice Neil Gorsuch’s mother who helped Reagan try to strip the federal government’s environmental protection apparatus for parts. As Reagan’s pick to lead the EPA, Anne M Gorsuch made it her personal mission to shrink the body tasked with enacting the Clean Air Act. She railed against what she described as a “set of commands from Congress”. Looking back on her term, Gorsuch – who slashed the agency’s budget by a quarter – took pride in having helmed the “only agency in Washington that was truly practicing New Federalism”, devolving as many of its responsibilities as possible down to the states. Following in her footsteps, Judge Gorsuch has railed against the Chevron Doctrine that’s been a main target of the conservative legal movement (not overturned today, thankfully), saying it allowed “executive bureaucracies to swallow huge amounts of core judicial and legislative power”.But the roots of this ruling run deeper than Neil Gorsuch wanting to make mom proud. Polluters have always been happy to throw small fortunes at the right’s quest for minority rule, keen to protect fossil fuel profits and their ability to dump waste into the air and water from pesky things like democracy. As Nancy MacLean writes in Democracy in Chains, Charles Koch took a special interest in destroying public education, thus maintaining de facto segregation, before leading the charge against climate policy at every level of government. He continues to be a generous funder of the Federalist Society, an instrumental force in building and filling the pipeline of clerks, judges and cases that has created the judicial branch as we know it, and rulings like the one that overturned Roe v Wade last week. Secretive dark-money outfits like Donors Trust, as well as Chevron and the Scaife Foundation – furnished by old oil and aluminum money – have joined him.West Virginia v EPA itself was brought with the help of the Republican Attorneys General Association, a network of state attorneys general whose own funders include the country’s biggest fossil fuel companies and the beleaguered coal barons who had the most to lose from the modest power plant regulations. They also spent $150,000 sponsoring Trump’s rally on 6 January.The interests of the country’s wealthiest residents and corporations are at odds with the vast majority of people who live here. Luckily for the right, a political system designed by slaveholders provides an easy on ramp to concretize minority rule, encasing their power within definitionally undemocratic institutions. With a young, ideological rightwing majority on the court, there’s no telling how far they might go. And there’s not much that can stop them.Gorsuch, ironically, put it well in his concurring opinion. But the line applies better to him and his colleagues than to the federal bureaucrats he was railing against: “a republic – a thing of the people – would be more likely to enact just laws than a regime administered by a ruling class of largely unaccountable ‘ministers’.”
    Kate Aronoff is a staff writer at the New Republic and the author of Overheated: How Capitalism Broke the Planet – And How We Fight Back
    TopicsEnvironmentOpinionUS politicsUS supreme courtUS Environmental Protection AgencyLaw (US)commentReuse this content More