Environmental law experts say the nation is facing an unprecedented wave of regulatory rollbacks — and they warn the consequences could be severe.
Both New York State and the City of Syracuse have taken measures that offer some protections in the areas of climate change, clean water and pollution controls.
But Harvard Law School attorneys say recent White House actions are fast-tracking fossil fuel projects, and weakening pollution and climate safeguards. Hannah Perls and Sarah Dewey are with Harvard’s Environmental and Energy Law program and spoke with WAER for our Deeper Shade of Green Podcast.
They single out how some rollbacks and staff cuts are having direct impact on people and ecosystems. Dewey notes previous efforts to reduce greenhouse emissions are being negated by bypassing environmental review standards.
“One of the ways that that the administration is doing that is by declaring an energy emergency, despite the fact that the US is producing... record high levels of energy domestically and using that... as a justification for significantly shortening review times for fossil fuel projects and trying to circumvent environmental laws and regulations in other ways.”
She adds 70 power plants were granted waivers from the Trump administration to continue to emit dangerous gases such as mercury and other heavy metals adding to air, soil and water pollution in communities nearby. Those decisions were made to extend the life of coal and other fossil fuel power plants.
Perls highlights a case where the Trump administration’s war on diversity initiatives carried over into the environment and families' health.
“These are people where sewage would actually bubble up into their yards, where kids are playing. And the Department of Justice under President Biden reached a historic settlement with the State Department of Public Health to provide a framework to figure out how (to) make sure people in this community get access to really basic fundamental services. And the Turmp administration rolled that back, saying it was the result of unlawful diversity, equity and inclusion efforts, said Perls
She adds that much of the weakening is done not through changes in regulations but in staff cuts to agencies such as the E-P-A, Health and other departments gutting their enforcement abilities.
“The cuts we're seeing now are truly unprecedented, and I don't think we'll fully understand the consequences until we are in a crisis. I think FEMA ... is a great example where we're in hurricane season and a lot of states are raising the alarm.”
STATES, LOCALITIES CAN TAKE ACTION
Those who disagree with the direction the administration has taken against climate change and pollution controls, can see a line of defense at the local level through state and local laws and initiatives.
“Federal law sets the regulatory floor, and states can set more protective standards and often do,” added Dewey. “New York is a great example; many states are leading the way with innovative policies like caps on carbon, clean energy incentives, environmental justice policies. And local governments are also providing leadership. They’re reducing emissions, investing in clean energy.”
In fact, Syracuse just released a report showing city-owned buildings and vehicles reduced emissions 67-percent over the past 14 years. However, Dewey notes Trump’s Justice Department has filed lawsuits against states for some of their environmental actions – which she worries might have a chilling effect. Both Dewey and Perls worry some of the setbacks in regulations, pollution standards and enforcement could take years and acts of congress to reverse.
The attorneys say they’re watching how states respond — and whether court challenges can reverse or slow the deregulation efforts. They also warn that local communities will need to be better prepared as federal oversight weakens.
