Environmentalists who were hoping that somehow a Donald Trump presidency wouldn’t be as catastrophic as they feared had those hopes dashed on Friday, when the president-elect announced Myron Ebell as his choice to oversee the transition at the Environmental Protection Agency. Ebell, head of both the right-wing think tank the Competitive Enterprise Institute and the Cooler Heads Coalition, has spent most of his career tossing out industry-funded nonsense bombs about climate change.
A non-scientist whose funders have included ExxonMobil, the American Petroleum Institute, and coal giant Murray Energy Corporation, Ebell has been a consistent taunter of both scientists and environmentalists. As a talking head on TV news, he has for years offered false balance on climate change in the form of views so far outside of the mainstream as to be downright bizarre. For Ebell, Al Gore is “an extremist” who “lives in a fantasy world,” the Pope’s encyclical on climate change is “diatribe against modern industrial civilization,” and current climate patterns indicate an imminent ice age rather than a warming planet.

Myron Ebell, director of the Center for Energy and Environment at the Competitive Enterprise Institute.
Photo: Competitive Enterprise Institute
Since we were already
falling short of our climate goals before the election, and since the potential consequences of inaction may be
irreversible, Ebell’s leadership in this realm seems to pose the gravest danger. He has already given much thought to
how to get out of the Paris Agreement, the global treaty the U.S. signed in September, which is aimed at holding the increase in global temperature rise below 2 degrees.
There are several ways a Trump administration could do so. While Secretary of State John Kerry is scrambling to get the treaty implemented before President Obama leaves office, Trump is already signaling that he may try to withdraw from the global agreement in his first year, a move that is within his power and could increase the likelihood that other countries would also shirk their obligations.
Also caught in Trump’s crosshairs is the Clean Power Plan, the rules limiting carbon emissions from coal-burning power plants, which his administration could simply fail to enforce. The administration could also resurrect the Keystone XL pipeline and expand drilling on public land.
But there is much more to the EPA than the protection of the climate. And Ebell also runs a pro-chemical industry front group from the website saferchemicalpolicy.org, where you can read about the “life-enhancing value of chemicals” and the absurd idea that man-made toxic chemicals couldn’t possibly cause cancer because the average human lifespan has increased since 1950.
Indeed, Ebell’s hostility seems to extend to all scientific fact and the entire cause of environmentalism, and he will have a range of opportunities to inflict harm on human health and the environment. Still, certain protections of the earth, water, and land will be harder for him to reverse than others.
Here is a brief overview of some of the damage Trump and Ebell can — and can’t — inflict while they control the EPA.
Surrendering to Industry on Rules
Among the most vulnerable of the EPA’s efforts are rules that industry has already attacked through the legal system and are now wending their way through the courts. In any of these suits, the EPA could simply stop defending their rules. Or, worse still, they could reissue them so that they are friendlier to industry and less protective of people and the environment. Some of the most consequential of these rules tied up in ongoing suits are:
- Mercury and Air Toxics Standards: In 2013 the EPA issued a rule to limit the emissions of mercury, nickel, arsenic, and other toxins in air pollution around power plants. But several states and at least one coal company sued the EPA challenging the rule, which is in place while the parties fight in court. The new administration could pull the rule back, which would allow power plants not to comply with it moving forward. If it remains in place, the limit on emissions is expected to reduce developmental problems among children living near power plants as well as cancer, heart attacks, and respiratory illnesses in adults.
- Waterways: The EPA is in the midst of litigation over the protection of thousands of waterways. The Waters of the United States Rule clarified that certain streams and wetlands are under federal jurisdiction, which would allow the EPA to prosecute people who pollute them using laws such as the Clean Water Act. But after the EPA issued the rule in May 2015, the pesticide, timber, and dairy industry joined forces with the Chambers of Commerce, real estate developers, mining companies and others to challenge it.
- Ozone: When it issued a more protective standard for ozone in October 2015, the EPA noted that the noxious gas can cause chest pain, coughing, wheezing and shortness of breath even in healthy people. Weeks later, the coal company Murray Energy Corporation sued the EPA over the rule, calling it “job killing.” Coal production — along with industrial facilities and electric utilities —increases ground level ozone, which is particularly dangerous for people with asthma, children, and the elderly. If the proposed standard takes effect, it is expected to prevent an estimated 11,000 premature deaths.
- Oil Refineries: In September 2015, the EPA issued a new rule to tighten up the regulation of oil refineries. Scheduled to take effect next year, it will require refineries to monitor their emission of airborne chemicals such as the carcinogen benzene. More than 6 million residents of fenceline communities around these plants, who are disproportionately low-income and people of color, will benefit.
Slashing Budgets
While it’s illegal to fire civil servants for political reasons, a Trump administration could slash budgets for entire programs affecting the environment both within and outside the EPA. Though much of this would require congressional action, a Republican-dominated Congress working with Ebell could put the funding of certain efforts on the chopping block. Here are a few that have already come under attack:
- The Integrated Risk Information System: The chemical industry often rails against this program, which pulls together the toxicity information on chemicals and reports on the health hazards they pose. These findings not only help shape EPA’s policy but are often referenced in state and international laws.
- International Agency for Research on Cancer: This branch of the World Health Organization, which receives funding from the National Institutes of Health, has become a target for industry groups and conservative lawmakers. IARC has also, not coincidentally, pointed to the carcinogenicity of several blockbuster products, including glyphosate, the active ingredient in Monsanto’s Roundup.
- Safer Choice: This EPA program provides a label certifying that companies have invested in testing their products to make sure they meet rigorous safety standards and searches for alternatives to toxic chemicals. While some retailers have embraced the program, the American Chemistry Council has waged a fierce campaign that has tried to weaken it.
Shelving Long-term Efforts
Particularly frustrating may be the demise of several of the EPA’s long-term efforts, some of which stretch back more than a decade, which could be squelched just as they near completion.
- Perfluorinated chemicals: In recent months, the EPA has been working on developing analytical methods to measure the amount of perfluorinated chemicals such as PFOA and PFOS in groundwater, soil, and sludge. The cleanup of these toxins, some of which have seeped from firefighting foam used on military bases into nearby ground and drinking water, has become a recent focus of EPA, according to a source within the agency. “It’s very apparent that EPA had to do something,” he told me, adding: “Or at least it was last week.”
- Lead: The danger lead poses to children has been well known for decades. And in the wake of the Flint, Michigan, disaster, the EPA has made lead a priority. The agency is in the process of eliminating the leaded fuel used by piston jet planes, which is the biggest source of lead in the air. And it recently announced over 100 enforcement actions aimed at protecting the public from lead exposure. “I feel like we were finally on the cusp of making some headway on lead,” said Eve Gartner, a staff attorney at Earthjustice.
- Organophosphate pesticides: The EPA is very close to essentially banning the use of chlorpyrifos, a widely used organophosphate pesticide that is linked to a range of neurodevelopmental problems in children. And because the EPA recently decided to evaluate entire classes of pesticides together, it seemed likely that other organophosphates that cause neurological harm would also be restricted. But that progress may grind to a halt. Dow Chemical, which makes chlorpyrifos, has friends in the new administration, including Dow lobbyist Mike McKenna and Ebell himself, whose think tank received funding from the company.
Beyond Trump’s Reach, At Least for Now
Although candidate Trump threatened to do away with the EPA altogether, he has since walked back that promise, saying that he’s interested in protecting clean air and water. It seems likely that the EPA will continue to exist, at least in name. But even if the Republicans abolished the EPA, it would be more difficult to repeal all the environmental statutes the agency exists to enforce.
- Federal Statutes: These laws, which include the Clean Water Act, the Endangered Species Act, and the Superfund law, are designed to stand up to rogue leaders. The Clean Air Act, for instance, clearly lists carbon pollution as a danger and requires EPA to take action, and may thus be an important tool in forcing the administration to limit carbon emissions. And while a gutted EPA will likely neglect the day-to-day work of enforcing the laws, the agency can’t disregard them altogether. “It’s not up to the president or EPA whether to take action,” said David Goldston, director of government affairs at NRDC. “They have to address it. If they don’t, they get sued, and the court imposes restrictions.”
- Toxic Substances Control Act: Similarly, the agency will be obligated to take some actions set by the recently passed Toxic Substances Control Act. It has no choice, for instance, but to evaluate a certain number of chemicals, though several provisions in the law could be easily abused. One would allow the agency to shield some chemicals from testing by designating them “low priority.” And once chemicals are declared safe by the federal agency, states won’t be allowed to independently regulate them.
- Emergency response: The administration will also have to respond to emergencies. “Let’s say we have another BP spill, Trump isn’t going to be able to wake up and ignore it,” said Lisa Garcia, vice president for litigation at Earthjustice. “There will be a legal obligation for someone to go in and try to shut it down and clean it up.”
Although agency rules and guidelines and advisories are easier to reverse than federal law, even those would be difficult and time-consuming to undo. “Everyone hates the bureaucracy but it could be our friend in the next few years,” said Garcia. “There are laws and processes and procedures and you need scientific data and backup in order to do these things. To roll it back takes time.”
Some environmentalists seem to be taking comfort in the fact that the EPA has already survived an internal attack. In 1981, Reagan tasked Anne Gorsuch Burford with essentially dismantling the agency from within. But Burford went too far with her budget cutting and downsizing and less than two years after she took the post, was forced to resign.
Ironically, the chemical industry may help force the incoming administration to do its job, according to Mike Belliveau, executive director of the Environmental Health Strategy Center. “Unless EPA delivers meaningful and timely reductions in public exposure to toxic chemicals, then public confidence in the chemical industry will never be restored as they desire. That will mean continued unchecked consumer campaigns and state policy initiatives that require retailers and consumer product manufacturers to end their use of dangerous chemicals,” said Belliveau. “Myron Ebell could be the chemical industry’s worst nightmare in disguise.”
Environmentalists I spoke with agree that public pressure will play a critical role in forcing the EPA to do its job. “If an assault is met with apathy, we’re not going to be as able to stop it,” said Goldston, who predicts that Trump will face a backlash if he goes after environmental safeguards, much as Reagan and George W. Bush did before him.
David Rosner, a historian of public health at Columbia University, reaches even further back for hope that an Ebell-led EPA might not be as destructive as it could be. “Until 1970, we had no federal involvement in environmental protection. This is all very new the idea that the EPA can effect and have any kind of change on the county and world,” said Rosner. “I take solace in the idea that we survived until then.”
Top photo: A sign opposing President Barack Obama’s alleged position against the coal mining industry is seen on Nov. 5, 2012, in Quaker City, Ohio.
This is a brilliant summary from Sharon Lerner of the eco-disaster that looms for the USA and indeed the planet. We are all scared but information is power and the better educated we are about all these issues the better we can take the small independent protective steps in our immediate environment – i.e. the purchasing decisions that we all control, the local legislators we elect going forward, our knowledge of environmentally protective NGOs that we can join and also support financially.
I’m thinking that this is a time for activist campaigns to shine. It’s not a matter of petitioning authorities or enforcing the law … more a matter of using, the law, or any other available tool, to inflict damage or offer rewards to third parties. Some ideas…
a) Operation Redline
You go out and make a map of all the land that is going to be beneath sea level by 2100. You target the homeowners and tell them their land is going to be made worthless. You target the real estate agents and point out that it will become worthless. You target the insurers and make sure they keep up with the current sea level. You target the banks and ask them if they want to issue a 40-year mortgage on land that might be under clear threat by the time they are over. Above all you target the cities and towns and try to get them not to give out tax increment financing deals for land that is going to start dropping out of the tax base, or demanding excessive resources to protect from storms. Cyberbullying is the leading model of modern politics, so it’s just a matter of getting everyone lined up, and they’ll start bullying the owners of oceanside property all on their own. And the great part is, even if the property owners do absolutely nothing, they’re still mostly rich and mostly valid targets for class warfare; but they might go and raise a stink that can’t be ignored.
b) Operation pro se
This one takes inspiration from Peter Thiel – you just do it on a much poorer scale. You find people who have nothing, so who have nothing to lose from any potential backlash from companies, who are willing to sue for the damage that coal and ozone are doing to their lungs. You get some lawyers to give them all a handy pro se litigation playbook they can apply on their own, and get them some funding for “incidentals” like private environmental testing and, yeah, some living expenses. You sic these people on the companies and no matter how many lawsuits they get dismissed there are always more. But you also set a standard for your ‘legal assistance’ that involves companies whose behavior is within certain boundaries, i.e. environmental laws. So now your private environmental laws take over from the federal government.
This is what the environmental movement has become, lawyers and bullies. I remember a time when they cleaned up rivers and lakes and picked up garbage. it was respectable back then. Try putting a friendlier face on this movement and maybe people won’t want to shutdown the EPA when they acquire power.
“Lawyers and bullies”? Don’t you mean scientists and engineers. The EPA never “picked up garbage,” they made regulations all through the 70’s and 80’s to reign in the contamination, and since then have had to work with the bitter industry again and again to protect human health. Companies like Monsanto don’t like it because it affects their bottom line, so the hatred grows.
Ever wonder why people are lead to hate the EPA, and some don’t even accept climate change, which is a scientific fact? It’s because of said industry…they are the ones who own us and they “misinformation, slander, repeat” as someone who thinks mothers are dumb calls it below.
The industry pours millions upon millions of dollars into “think tanks” that breed morons like this guy (who seriously doesn’t think chemicals are bad for people?!?). They spend lots of money to reach the public too, to brainwash them into thinking that EPA is the bad guy and isn’t working tirelessly to protect you. And they spend millions of dollars on all this instead of on complying with the regulations to make the world cleaner and protect the people. There is so much they could do otherwise, but they just don’t care!
If you think these industry bastards are your friend, or that a hard working government employee (who probably makes less than you do) who went into this field for the purpose of protecting human lives is the bad guy then you’re mistaken. I am a government worker, and I work and try with everything that I am so that nobody is exposed to chemicals, including you!
The problem with class war is that it is, well, war. You’re up against people who KNOW their coal plant is going to KILL a fair number of people, and don’t CARE. What do you do about that? You can turn out all the guys with sticks with a nail poking out the end you want … good luck picking up the mercury contamination, the ozone, the particulates in the atmosphere, or the just plain stink from that local coal plant. Unless you’re sending somebody to climb up the stack and rappel down a rope, he ain’t gettin’ to the source of the problem, and if he did, he wouldn’t like his odds. Either you have to fight or you have to gracefully hand over your community’s asthmatics to the Great Altar of Moloch, and pray that their sacrifice brings wealth — not to you, mind, but to some Personage whose passing Smile is worth more than your entire family line for howsoever long it might last.
So you pushed back Gore’s prediction 80 years? You know the antarctic is increasing in ice?
Good. A lot of dumb mothers- near the ocean anyway. I’ll stay on my mountain while you swim from debris to debris to survive. ’cause it’ll come in a big tidal wave like that day after tomorrow movie. haha
Coercion. Misinformation. Slander. Repeat.—– That’s your playbook here? Very ethical. You going to pay the (*trigger warning*) poor to sue over carbon emissions? Also who funds this whole ordeal? George Soros?
Feb. 10, 2015 – NASA Study Shows Global Sea Ice Diminishing, Despite Antarctic Gains
(‘scuse me while I whip this [nasa.gov article] out)
“Even though Antarctic sea ice reached a new record maximum this past September, global sea ice is still decreasing,” said Claire Parkinson, author of the study and climate scientist at NASA’s Goddard Space Flight Center in Greenbelt, Md. “That’s because the decreases in Arctic sea ice far exceed the increases in Antarctic sea ice.”
http://www.nasa.gov/content/goddard/nasa-study-shows-global-sea-ice-diminishing-despite-antarctic-gains
(You paid to post, or now informed?)
“piston jet planes”? There is no such thing. Planes with jet engines don’t have pistons and planes with piston engines don’t have jets.
There’s a lot more to protecting the environment than the EPA. Nominating a rapacious jerk to head Interior is at the head of my concerns. Not that Obama and other Democratic presidents have been good on this, but there’s a huge difference between James Watt and a sane person running Interior.
Since you know so much about environmental regulations and who enforces them (it’s mainly the EPA, no other organization has “protecting human health and the environment” as their driver), care to enlighten me? We would all be screwed without EPA.
The Interior Department to a large extent regulates what’s done on public lands. I’m far more concerned with wildlife and the natural world than with human health (not that I’m opposed to the latter, it’s just not as high of a priority with me).
“The Clean Air Act, for instance, clearly lists carbon pollution as a danger and requires EPA to take action”
You need to try a little harder. Assertion != fact.
CO2 wasn’t even on the radar when that law was written. The only reason the Supreme Court ever had to rule on this was due to congressional gridlock. The Supreme court even delayed taking up the case to allow congress to direct the EPA on what to do here, but no direction was ever forthcoming.
Congress can now potentially direct the EPA to not not oversee CO2. That will end it until such a time as the left recaptures all 3 sectors of government. If you are under some delusion that a united president / congress cannot direct the EPA what do, then I suggest you do so more homework as the EPA is not part of the balance of power, it makes rules, congress makes laws. Laws > rules.
Perhaps calling every person on the right a denier no longer looks like a wise strategy? This never should have got to a bare knuckle brawl, but the left would be wise to cut a deal and take some pain to avoid the worst outcome.
When children in Flint were poisoned with bad water, where was the EPA? Where was the federal enforcement of the Clean Water Act? Who went to prison on Obama’s watch? Oh, sorry, it was a Democratic Administration. I guess no kids were injured after all. I guess now the shit will really hit the fan because Trump is president.
The EPA is the only one who brought attention to this, but the mayor and underfunded Michigan DEQ where 90% to blame in this (get your facts straight). http://www.politifact.com/truth-o-meter/article/2016/feb/15/whos-blame-flint-water-crisis/
By the way, don’t blame this on Obama. The republican congress is the reason EPA struggles with funding and has either taken cuts or stayed the same the last 8 years. Ever wonder why the budget was basically one long CR (that means continuing resolution…look it up) almost every year? It’s because the republicans tried to get sneaky riders in there and also defund some of the best agencies and groups in the gov’t. The IRS, EPA, and planned parenthood.
Lemme summarize the republican platform: keep your hands off the rich’s “hard earned” taxes, fuck the planet, and no abortions (and also no access to STI tests, wellness exams, or breast cancer screenings)…oh and btw, fuck women too.
Gosh, the war on coal must be working. The sign in the photo is stuck into a pile of gravel and the only fuel visible is firewood.
I’m sure the Trump administration will adopt policies and take actions that are disastrous for world climate, which would be fundamentally different for the Obama administration . . . how?
“The Clean Air Act clearly lists carbon as a pollutant.”
No, it doesn’t. Carbon dioxide is not mentioned in CAA. A court decision, Massachusetts v. EPA, later compelled EPA to regulate CO2 from power plants. But EPA’s rule proposed as an answer to Massachusetts v. EPA was stayed (i.e. struck down) by the Supreme Court pending a legal challenge.
I think the best you can say is, “While carbon is not mentioned in the CAA, the Supreme Court found that CO2 meets the ‘public health endangerment’ criterion in the CAA to be regulated. However, the Clean Power Plan is stayed pending judicial review.”
Yet another unsettling/disturbing development. But why is this guy wearing lipstick??
How many more days before we can legitimately freak out?
Old picture.
Taken after Podesta lubed himself.
To generate electricity, you gotta have heat.
Fuel.
Fuel is fuel. Some costs more than others. Coal is easy, cheap, and efficient.
On the other hand, uranium … plutonium. Fukushima.
http://www.pbs.org/newshour/updates/fukushima-radiation-continues-to-leak-into-the-pacific-ocean/
We have aging reactors, already… AND EARTHQUAKES even in Mid America.
Suicide is painless.
Someone left their tin hat at home. I’d love to hear how you think we are going to stop relying on a fuel source that’s running out…or wait, you don’t think we are running out because people have been living longer since the 1950’s?
Makes perfect sense…
Did anyone else notice that Ebell exactly resembles the Nazi from Raiders of the Lost Ark? Coincidence or Separated at Birth?
Except this ain’t Hollywood. Here’s a good one to watch:
https://youtu.be/58FUhbJ7p8Q
The pas tEIGHT years of total inaction set the tone well.
PresObama needed to start a plan ALL federal buildings woul be green/solar within a certain time frame!
Indeed! People act as though the democrats are environmentally friendly when in reality they are business friendly, and businesses – the big ones at least – are focused on quarterly results. What happens a few years from now, even to their own children, is of no consequence. Hence the democrats squandered repeated opportunities to promote clean energy and the job creation that goes with it, allowing China of all countries to become the world’s leader in building solar cells.
I am not an advocate of nuclear power, but there are safer, less problematic alternatives to the fission reactor designs in use in the US – and the leading contender, a Thorium based design which produces neither weapons grade material nor the possibility of a core meltdown, was initially designed at Oak Ridge. The Chinese are bringing it to fruition because Obama would rather spend money on upgrading our nuclear weapons.
Nobody has the right to criticize Trump for his anti-environmental positions unless they are willing to level the same criticisms against Obama.
Do you even know that the Senate and House were controlled by republicans? How the heck do you think he was supposed to get anything done? The democrats are the second most environmentally friendly party (green party being the first) but don’t act like republicans give a crap about the environment or people (including children’s) health.
http://www.thedailybeast.com/articles/2016/04/18/john-oliver-blasts-gop-over-lead-poisoning-our-children.html
http://www.huffingtonpost.com/entry/flint-epa-republicans_us_56ec30efe4b09bf44a9d1b7a
Interesting times ahead. No doubt, climate change is real, there should be almost no question about it except when using computational fluid dynamics to support arguments either for or against. CFD is useless w/o controlled lab experiments or another way supposedly is back casting…. but who knows.
No doubt or little doubt, a zinc smelting plant killed folks in Donora PA in 1948. Now, here’s the problem I see: when has Carbon killed anyone? I believe Carbon is outisde the purview of EPA.
I believe the U.S. needs to find an alternative to steel and other mining related or dependent industries.. until then there will be no clean anything. I imagine it to be impossible to mfg windmills and solar panels and highways w/o steel. .. among many other things not seen as dangerous to human health and the planet.
ANd on this “resurrect the Keystone XL pipeline” … TransCanada plans to try again according to news reports, even though they bought Columbia Pipeline instead after rejection.
Man this is going to be interesting.
I really doubt DJT will be able to drain the swamp. And suspect that perhaps other interests may keep him from wanting too.
Carbon causes premature deaths… http://environmentalresearchweb.org/cws/article/news/32401
Funny the Intercept never even mentioned Obama’s EPA. Obama’s EPA has declared fracking no threat to drinking water. Obama’s EPA is allowing for the dumping of fracking waste in the Gulf of Mexico and even California. The Obama Administration has opened up vast lands to fracking and drilling. They have opened up the arctic to drilling. He was the first president in decades to approve new nuclear power plants (near a black Georgia town) and his EPA was complicit in the Flint water poisoning cover-up. The EPA even had to be overruled by a judge for approving pesticides that will wipe out our bee population.
Liberals don’t care about saving the environment. They will be silent as long as fracking, bomb trains, nuclear power, offshore drilling — the destruction of earth is being overseen by someone with ‘D’ next to their name. It is not ‘settled science’ that Trump will have a worse environmental record; yet it is ‘settled science’ that the Intercept will hold the next president to a totally different standard regarding the environment.
You’re definitely right Obama’s been given a free pass on the environment, which is unfair. It is because the many wars have been taking front and center stage for so long. Clinton would have been WWIII, and we may have avoided this worst of all scenarios. But the rub is that now we have a bufoon clownface for prez, and he’s gonna start putting wackos in top govmint positions. Who know, maybe they’ll reappoint James G. Watt as Secretary of Interior once more! :-D
Right on the money. Our political system is a charade, with the branch of the Party out of power vehemently opposing what the branch in power is doing, until they are returned to power and the roles switch. Roles switch, but the bullshit never stops.
And yet there are people rioting in the streets because Hillary did not get elected. Had she won, there would have been riots from the clueless on the other side.
Don’t forget Obama’s war on wolves, the immoral and illegitimate push by Fish & Wildlife to delist them as the endangered species that they are.