Congress recently challenged California’s authority to regulate air pollution from cargo ships and large commercial boats, opening the door to dirtier air in portside communities.
The U.S. House of Representatives narrowly voted to take away the ability of California to force large ships to run on electricity when they’re in port, instead of running on their giant diesel engines. A second vote also sought to end requirements for cleaner engines on some commercial boats.
These regulations were designed to eliminate unhealthy pollution near harbor communities, like Long Beach and Wilmington. The twin ports of Los Angeles and Long Beach are the largest fixed source of smog-forming air pollution in metropolitan Los Angeles.
The votes — to revoke federal waivers that allow California to regulate maritime pollution — took place despite a federal judge’s scathing ruling that the way the Trump administration was pursuing the deregulation is not legal.
They were the latest attempt by the Trump administration and Republican lawmakers to roll back California pollution regulations and do away with the state’s authority to adopt vehicle pollution controls stricter than the federal government’s. Last year, the president and Republican-majority Congress revoked three other federal waivers, including one that would’ve allowed California to effectively ban the sale of new gas-only cars by 2035.
The Environmental Protection Agency has been initiating these changes, and in June, it sent several more waivers for Congress to review, prompting the California attorney general’s office to file a lawsuit.
It was that lawsuit that led to the strong words from D.C. District Judge Beryl Howell on Sept. 2. Ruling against the EPA, she said its broad power “does not mean the agency has the right to do whatever it wants, let alone take action that is likely unlawful, arbitrary and capricious…”
Congress voted to reverse California’s authority anyway. The bills still need to pass the Senate and President Trump’s signature to become law, yet the way they proceeded has already set off a heated debate over whether the result would be valid.
Ann Carlson, an environmental law professor at UCLA, said the dispute raises novel legal questions.
“We’re in uncharted territory, here,” Carlson said. “And that includes complicated questions about separation of powers. We have the judiciary, the executive [branch] and Congress all involved in questions of the exercise of administrative authority.”
Under the Clean Air Act, California can adopt vehicle emission standards stricter than the federal government, so long as it obtains federal waivers from the U.S. EPA.
The Trump administration has argued these federal waivers are “rules” that were never properly brought before Congress for review, so they may be overturned via the Congressional Review Act.
But the nonpartisan U.S. Government Accountability Office and the Senate Parliamentarian both maintain the federal waivers are “orders,” which cannot be overturned by Congress. Judge Howell agreed with them, saying the EPA either intentionally misled Congress or unlawfully reclassified the waivers as “rules.”
“Such gamesmanship may seem like a clever policy move, but undermines honest compliance with the law, which is what Americans should expect from executive branch agencies,” she wrote.
However, Howell acknowledged that federal courts “lacks power” to prevent Congress — a coequal branch of government — from voting to repeal the waivers. It remains unclear if the case will appear before Howell if the bills become law.
The two maritime-related waivers drastically cut smog-forming emissions and cancer-causing diesel exhaust near California ports.
Numerous environmental groups, angered by Congress’ votes on the waivers, said they were confident the state’s authority would prevail in a Senate vote or upcoming court rulings.
“Republicans in Congress are working overtime to please Trump and give polluters a free pass, all while knowing it won’t do anything to address the soaring gas prices and energy bills everyday Americans are facing,” said Aaron McCall, an organizer with California Environmental Voters.
“This isn’t over,” he added. “California is fighting back against this blatant and illegal attack.”
More air quality news
California became the first state to adopt standards for testing and remediating smoke damage inside homes after wildfires, L.A. Times wildfire reporter Noah Haggerty writes. Gov. Gavin Newsom signed legislation in Altadena, where many residents have been engaged in lengthy disputes with insurance companies over removing dangerous fire-related residues.
Newsom also vetoed a bill that would’ve required more industrial facilities to undergo environmental reviews before they’re built. L.A. Times climate reporter Hayley Smith writes that “advanced manufacturing” facilities are exempt from California’s environmental impact reports. State Sen. Catherine Blakespear (D-Encinitas) introduced the bill in hopes of preventing environmental disasters in communities, such as the chemical release in Garden Grove. Newsoms said he appreciated Blakespear’s “stated intent,” but that proposal would’ve made many projects “impractical.”
Another large battery fire broke out at troubled gas-fired power plant in Moss Landing, according to Times energy reporter Blanca Begert. The large blaze and billowing smoke led to the evacuation of more than 1,200 people in the small Central Coast community. A large battery fire occurred at the same facility two years ago, raising concerns about the extent of the toxic fallout.
In climate news
In his final speech as head of the United Nations, António Guterres delivered some of his most candid remarks on the state of global warming. Guterres criticized the oil industry for treating the atmosphere as an “open sewer,” per the Guardian’s environment reporter Oliver Milman. He noted that glaciers, “the rooftops of the world,” are caving in due to rapid rates of warming, referring to the catastrophic flooding in Nepal. And he called for climate reparations. “Those who polluted the most — and profited the most — must do far more to repair the damage they caused.”
More than a year after Trump effectively shelved the publication of the nation’s preeminent assessment of global warming, a coalition of climate researchers — intent on filling the void — published its first paper, per NBC News science reporter Evan Bush. The American Geophysical Union and American Meteorological Society announced the distribution of a new report examining overlooked areas of climate research, including extreme heat following hurricanes. The paper is the first of a series focused on climate change following Trump’s decision to defund and dismiss scientists working on the sixth assessment of the National Climate Assessment.
Californians should brace themselves for a wet and rainy winter. L.A. Times breaking news reporter Iris Kwok writes that there’s a 75% chance this ongoing El Niño, or period of warmer ocean waters, will be stronger than any since 1950, according to forecasters. Thankfully, Iris has done some deep research and compiled a list of preparations we can take to weather these storms.
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