Environmental Regulation – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 DHS Waives Environmental Rules To Build San Diego Border Wall https://legacy.lawstreetmedia.com/blogs/energy-environment-blog/dhs-waives-environmental-rules-san-diego-border-wall/ https://legacy.lawstreetmedia.com/blogs/energy-environment-blog/dhs-waives-environmental-rules-san-diego-border-wall/#respond Thu, 03 Aug 2017 17:37:28 +0000 https://lawstreetmedia.com/?p=62522

The waiver exempts the San Diego border wall projects from over three dozen environmental protection rules.

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"Border Wall" Courtesy of Tony Webster License: (CC BY 2.0)

The Department of Homeland Security waived more than three dozen environmental laws and regulations Wednesday to speed up the first phase of construction of border wall projects near San Diego.

The projects will be constructed along an approximately 15-mile segment of land that starts at the Pacific Ocean and extends eastward toward a point called Border Monument 251, according to a statement from the DHS. The waiver follows one of President Donald Trump’s January executive orders, which called for greater security along the U.S.-Mexico border.

The DHS invoked a 1996 law to waive several environmental protections, including a law that would have required the department to assess the environmental impact the wall would have. In spite of the waivers, the department maintained in a statement that they are “committed to environmental stewardship with respect to these projects.”

The statement read:

DHS has been coordinating and consulting–and intends to continue doing so–with other federal and state resource agencies to ensure impacts to the environment, wildlife, and cultural and historic artifacts are analyzed and minimized, to the extent possible.

However, environmental advocates and border wall opponents weren’t convinced. The Center for Biological Diversity, which sued the DHS in June to obtain documents on Trump’s border wall prototypes, published a statement condemning the waiver and the wall. Brian Segee, and attorney for the center, criticized Trump’s planned wall for being harmful to the environment and the people who live near the border.

“Trump wants to scare people into letting him ignore the law and endanger wildlife and people,” Segee said in the statement. “Trump’s wall is a divisive symbol of fear and hatred, and it does real harm to the landscape and communities.”

In another critique of the decision, American Oversight Executive Director Austin Evers cautioned against impulsively expediting the border wall.

“Today’s announcement by DHS is a disturbing sign that President Trump will barrel ahead with building a border wall no matter the cost to taxpayers or effect on our environment,” he said. “Given the widespread skepticism towards the effectiveness of the border wall by leaders in both parties–including the new White House Chief of Staff–effective safeguards are more important than ever to prevent President Trump from spending tens of billions of dollars and radically transforming our Southwestern border based solely upon his whims and impulses.”

Environmentalists fear that Trump’s border wall would negatively impact the surrounding environment through actions such as impeding animal migration and increasing floods in the desert. Segee pointed out that the construction wouldn’t be limited to just the wall, but would include roads, lighting, and other infrastructure that would accompany it.

In a May study, the Center for Biological Diversity found that the wall and related infrastructure would potentially affect 93 threatened, endangered, and candidate species. But the full impact of such large-scale construction projects cannot be known unless an environmental impact assessment is performed, a procedural step that DHS does not appear to see as a necessity.

Marcus Dieterle
Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

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Scott Pruitt: Trump’s Choice to Lead the EPA Defends His Record of Suing the EPA https://legacy.lawstreetmedia.com/blogs/energy-environment-blog/scott-pruitt-hearing-epa/ https://legacy.lawstreetmedia.com/blogs/energy-environment-blog/scott-pruitt-hearing-epa/#respond Thu, 19 Jan 2017 18:33:42 +0000 https://lawstreetmedia.com/?p=58266

Scott Pruitt has a long history of suing the agency he might soon lead.

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"Scott Pruitt" Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

Scott Pruitt, President-elect Donald Trump’s choice for the head of the Environmental Protection Agency appeared before part of the Senate for his confirmation hearing on Wednesday. Pruitt, a former attorney general of Oklahoma, said he would like to shift some regulatory control from the federal government to the states. He purported that being pro-energy and pro-environment can be mutually exclusive. And while he acknowledged that climate change and human activity are linked, he questioned just how strong that causality is.

As attorney general, Pruitt advocated on behalf of states’ rights in the face of what he saw as federal overreach. In fact, Pruitt sued the EPA 14 times; he also led the 27-state lawsuit against President Barack Obama’s Clean Power Plan. If he is confirmed as the next EPA chief, Pruitt could become involved in some of the lawsuits that he filed. In Wednesday’s hearing, Senate Democrats asked Pruitt if he would recuse himself from those lawsuits. He did not commit to doing so.


Sen. James Inhofe (R-OK) introduced Pruitt: “Yes, as attorney general, Scott fought the EPA, the Fish and Wildlife Service and the outgoing administration on many fronts,” he said, “but all of these suits were brought to protect state and local interests from overzealous and activist agencies.” Outside the hearing room, protesters, some wearing pink hats and surgical masks, others donning oil rig gear, represented the dueling sides of the hearing itself: Democrats who questioned Pruitt’s ties to the energy industry, and Pruitt’s long-held disdain for environmental activists and what he sees as job-killing regulations.

“We must reject as a nation the false paradigm that if you’re pro-energy you’re anti-environment, and if you’re pro-environment you’re anti-energy,” Pruitt said during the hearing. In his opening remarks, Pruitt, who is often called a climate denier, clarified his stance on climate change: “Science tells us that the climate is changing and human activity in some manner impacts that change,” he said. “The human ability to measure with precision the extent of that impact is subject to continuing debate and dialogue, as well they should be.”

Pruitt’s hearing was on the same day the National Oceanic and Atmospheric Administration released a report that said 2016 was earth’s hottest year on record, since at least 1880, when record keeping began. Though he made clear that the EPA under his watch would grant more power to state legislatures, Pruitt mentioned the Flint, Michigan water crisis as an instance when the federal agency failed to do enough.

“In Flint, the EPA should have acted faster. With air quality, water quality across state lines, there is a role where EPA is important,” he said. Pruitt added that he does not know the science behind lead poisoning: “I haven’t looked at the scientific research,” he said.

In 2009, the EPA found that carbon emissions endanger humans and warm the planet. That ruling serves as the basis for subsequent emissions regulations, including Obama’s Clean Power Plan. Pruitt, who Democrats worry will scrap a number of regulations, said he would enforce that ruling. “It is there, and it needs to be enforced and respected,” he said. Pruitt is expected to pass a full Senate confirmation, as all 51 Republicans will likely support him; Sen. Joe Manchin (D-WV) is also expected to support Pruitt.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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