Happy Monday, the start of a week that could see the Supreme Court issue a long awaited opinion in a case testing the scope of the Environmental Protection Agency’s authority to regulate greenhouse gas emissions from power plants. The decision could determine the fate of President Joe Biden’s plans for fighting the climate crisis.
The New Lede (TNL) – a new, independent journalism initiative of the Environmental Working Group (EWG) – is eagerly awaiting the ruling. It’ll be the latest in what’s proving to be a busy time for environmental policy affecting air, water, toxics and more.
9th Circuit faults EPA’s “inconsistent” glyphosate finding
On Friday, a federal appeals court issued an opinion finding multiple flaws with the EPA’s finding that the weed killer glyphosate is “not likely to be carcinogenic.”
In a unanimous decision, a three-judge panel of the 9th U.S. Circuit Court of Appeals said the agency ignored key studies, discounted an advisory panel’s expert scientific advice, failed to follow established cancer risk assessment guidelines, and used “inconsistent reasoning” in developing the 2020 assessment of glyphosate.
The court vacated and sent back to the agency its human health part of the glyphosate review for reconsideration, and said the review also violated the Endangered Species Act.
It’s potentially bad timing for Bayer AG, the owner of Monsanto – the company that first used glyphosate as the active ingredient in its herbicide Roundup. Bayer is battling thousands of lawsuits filed across the U.S. by people alleging that their use of Roundup and exposure to glyphosate is to blame for them developing non-Hodgkin lymphoma.
EPA floats stricter PFAS advisories, fends off criticism
Plenty of action last week on the “forever chemicals” known as PFAS, with the keynote being the EPA’s release of four strict lifetime health advisories (LHAs) for the chemicals. The non-binding values suggest how much PFAS a person can be exposed to in their drinking water over a lifetime without health harms, such as increased risk of cancer.
The agency updated and significantly tightened its LHAs for the two notorious forever chemicals PFOA and PFOS, and set final LHAs for two other PFAS: GenX and PFBS.
Critics, including the American Chemistry Council, quickly cried foul and said the announcement was premature because the EPA’s Science Advisory Board (SAB) is still reviewing studies on the health effects of PFOA and PFOS at the agency’s request.
But the EPA tried to preemptively counter such criticism, saying in the Federal Register notice for the LHAs and a “questions and answers” page added to its website that the preliminary findings about the threats from PFOA and PFOS justify acting quickly.
Environmentalists welcomed the LHAs but say the agency needs to speed up its development of an enforceable drinking water standard for PFAS. States would have to adopt the standard, but some say they’re already at the breaking point in satisfying their various delegated mandates from the EPA because of shrinking budgets.
The EPA is offering some new financial support to states, announcing $6.5 billion in funds for water infrastructure projects, giving priority funding to work for tackling PFAS and other Biden administration goals.
California clean energy advocates urge reform of PG&E
Supporters of solar power and other clean energy sources held a Thursday press briefing to call for comprehensive reform of the California monopoly utility Pacific Gas & Electric (PG&E). They claim that the power company has for years thrown millions of dollars away on misguided investments in fossil fuels and outdated centralized energy infrastructure, has caused devastating and deadly wildfires, and makes ratepayers pay for its bad choices by passing on costs through ever-increasing energy bills.
Former California Public Utilities Commission (CPUC) President Loretta Lynch, EWG President Ken Cook, EWG’s Senior Energy Policy Advisor Grant Smith, and energy policy expert Bill Powers pitched changes such as greater transparency of CPUC and PG&E discussions, stronger oversight of the utility, and allowing third parties to offer alternative energy plans with the onus on PG&E to justify why its approach is better.
But how to achieve that overhaul? Lynch suggested public pressure can help, citing Californians’ outcry that helped to stall a PG&E plan that critics warn would stymie rooftop solar in the state.