Sunday Read: Intern Experience — Melody G.
On June 30, 2022, the United States Supreme Court ruled in a 6–3 decision, in West Virginia v. Environmental Protection Agency, to limit the power of the Environmental Protection Agency (EPA) to regulate carbon dioxide (CO2) emissions from existing power plants in efforts to curb climate change. SCOTUS argued that under section 111(d) in the Clean Air Act, the EPA’s Clean Power Plan lacked sufficient evidence of Congress approval that the agency needs to expand their regulatory powers.
As an intern at the National Whistleblower Center, I am curious about how this opinion relates to whistleblowers and their ability to help protect the environment. In this Sunday Read, we will explore the connection between the EPA, the West Virginia decision, and climate change whistleblowers.
History of the Clean Air Act
Multiple cities across the United States experienced negative effects of air pollution throughout the 1940s and 1950s. The most popular example is the city of Los Angeles, which experienced the worst air pollution levels due to its geography and growing car industry. L.A. residents experienced respiratory issues, eye irritation, and decreased visibility because of smog that had covered the city and would sometimes stay for weeks at a time. Dr. Aeri Haagen-Smit was the chemist who demonstrated which chemical reaction, known as photochemistry, was responsible for creating a compound found in smog, ozone (O3).
Dr. Smit determined that nitrogen oxides (NOx) in the air were reacting with volatile organic compounds (VOCs) and the sunlight is the catalyst for the components to react. NOx is produced from the combustion process in the car engine and released from the tailpipe into the air. VOCs ended up in the air from organic compounds from gasoline evaporating. The mountains surrounding L.A. trap these compounds, making the smog very prevalent. The Clean Air Act (CAA) was passed in 1970 in response to the smog in U.S. cities and push from climate activists in the 60s and 70s amid the fight for clean water and air. The EPA was created on December 2, 1970, and the CAA gave the EPA authority to implement regulations on air pollutants.
The CAA has four important regulatory programs to limit industrial emissions. They are the National Ambient Air Quality Standards (NAAQS), National Emission Standards for Hazardous Air Pollutants (NESHAPs), New Source Performance Standards (NSPS), and State Implementation Plans (SIPS). These programs have helped improve the environment and public health by cutting down on ground-level ozone levels by 25% and decreased the amount of air pollution. The CAA also authorizes the EPA to establish NAAQS to protect the environment and public health from primary air pollutants. In the 2007 case Massachusetts v. Environmental Protection Agency, the Supreme Court ruled that CO2 is an air pollutant, therefore, the EPA has the authority to regulate greenhouse gases to combat climate change. So, how does the 2022 ruling affect the EPA’s ability to regulate CO2 emissions today?
How the SCOTUS Decision Affects EPA Regulation
The EPA announced the Clean Power Plan (CPP) in 2015, under the Obama administration. The goal of the CPP was to reduce carbon emissions by shifting from coal-fired power plants to natural fired gas plants, solar energy, and wind energy to generate electricity. This is known as a “generation-shifting” approach and was the primary focus of the Supreme Court’s ruling. Section 111(d) of the CAA allows states to determine rules concerning existing sources, but the EPA determines the emission level the state must comply with. Therefore, SCOTUS determined that the generation-shifting approach needed to have clear authorization from Congress.
The Supreme Court decision makes it tougher for the EPA to regulate emissions and to reduce greenhouse gases from coal powered plants. EPA administrator Michael Ragen stated that despite the Supreme Court’s ruling, “. . . [W]e are committed to using the full scope of EPA’s authorities” to continue to combat climate change. One way the EPA regulates carbon dioxide emissions is through the Greenhouse Gas Reporting Program, which requires 8,000 facilities in the fuel and gas industry to report their greenhouse gas emissions annually. This is where climate change whistleblowers come in to help keep companies accountable.
Importance of Climate Change Whistleblowers
A climate change whistleblower helps uncover wrongdoing at companies that violate the law, underreport information, or participate in activities that can worsen climate change. Part of the work conducted at the National Whistleblower Center focuses on educating potential whistleblowers about the significant role they play in preventing climate change. There is a focus on the fossil fuel industry as part of NWC’s Climate Corruption Campaign, which encourages whistleblowers to report climate crimes so that corrections are made, preventing any further damage to the environment. In July 2022, the EPA also recognized the importance of whistleblowers in protecting the environment in a letter to NWC.
Climate whistleblowers ensure that companies comply with laws to ensure public health, environmental protection, and that the public have access to scientific findings. Maria Caffery, blew the whistle on the National Parks Service after her scientific report was being threatened with censorship over findings of human-made climate change. She fought to make sure her findings were available to the public and the rest of the scientific community. Three employees of the Colorado Department of Public Health and Environment sent a letter to the EPA to reveal unlawful acts by their employers that involved suppressing information of approved permits that would violate NAAQS. These courageous acts help protect the environment and public health. It is important that whistleblowers know the federal law protections for whistleblowers to feel empowered to blow the whistle on climate corruption.
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NWC is committed to empowering and educating whistleblowers to hold wrongdoers accountable. As a 501(c)(3) non-profit, our awareness building work is made possible with the support of our generous donors. Please consider donating $75 today to help us continue to educate the public about whistleblower experiences and the role they play in combatting climate change and corruption.
This story was researched and drafted by NWC Intern, Melody Gachet, a fourth-year majoring in Environmental Chemistry at University of California, Davis.
