Energy and the Environment: Global Issues, Local Actions

by Nancy McGuire, Wordchemist.com

U.S. Capitol

Regulation and litigation, but little legislation.
Photo by Nancy McGuire

A newly assertive federal executive branch, push-back from the legislature and judicial system, unintended effects of social activism, unanticipated effects of leaking storage tanks and Arctic thaws, who’s using coal, reasons to “go green” that don’t involve tree-hugging — 2014 will have no shortage of news stories on energy and the environment, according to a panel of seven journalistic prognosticators.

 

On January 24, the panel gathered at Washington, DC’s, Wilson Center to brief an overflow crowd of interested policy wonks, issue advocates, writers and reporters, and other interested citizens on the likely hot topics in environment and energy for 2014. The annual event, co-sponsored by the Global Sustainability and Resilience Program, the Canada Institute, the Science and Technology Innovation Program, and the Society of Environmental Journalists, featured a lively audience Q&A session at the end.

 

Larry Pearl, Bloomberg BNA’s director of environmental news, gave a fly-over review of some of the governmental issues coming to a head this year. Several EPA rule proposals, final rules, and standards revisions address the interstate transport of air pollutants generated by power plants and other sources, carbon and mercury emissions limits, renewable fuel additive standards, and water infrastructure projects. One proposed rule under the Clean Water Act modifies the definition of “waters of the United States” to give the EPA broader authority to enforce regulations farther from shore. EPA final rulings on coal ash management and Resource Conservation and Recovery Act (RCRA) definitions of “solid waste” are also due this year.

 

Land use regulations

EPA rules address airborne emissions.
Photo by Nancy McGuire

Other agencies have important items on the agenda as well. The Bureau of Land Management is due to issue final rules updates on oil and gas exploration on federal lands, to address the issues posed by fracking operations. President Obama has been active in designating land as wilderness areas and national monuments in the western U.S., said Coral Davenport, who covers climate and energy for The New York Times, in response to a question from the audience. Obama will probably do more of this during the rest of his term, she added. This has angered the Republican party, because these lands have been placed off-limits for commercial production.

 

The panel agreed that most of the changes this year will be driven by regulation and litigation, not legislation. Several upcoming court cases will clarify and delineate the boundaries of the EPA’s authority, said Pearl, including the agency’s jurisdiction for regulating fracking. Congress might act on some specific issues, but by and large, change is being driven by public demand, private industry response to this demand, and pressure on and by local and regional legislatures, rather than from Capitol Hill. Pearl noted that the jury is still out on whether Congress will pass tax incentives for energy efficiency and the use of renewable energy sources.

 

Court cases

Court cases will clarify the EPA’s authority
Photo by Nancy McGuire

Major decisions on crude oil exports from the U.S. will probably be made through the Commerce Department, said Davenport. Gasoline prices inflame public debates on this issue, but “just the fact that this is even open for debate is new,” she said. Concrete action on this could take years, she said. Tax reform is unlikely to drive energy policy because “we’re so far from true tax reform,” she added.

 

“Where is the leadership from journalists in raising public awareness?” asked one audience member. The panel members agreed that many editors see environmental issues and legislation as “wonky”. Feature articles on these topics don’t get a lot of response from the readers. “There’s always a fight to get some space on [these stories]”, noted Cheryl Hogue, senior correspondent for Chemical and Engineering News. Suzanne Goldenberg, the U.S. environmental correspondent for The Guardian, explained that big-picture approaches don’t work as well as talking about things that people can do in their homes.

 

For instance, the Department of Energy is expected to issue new standards on efficiency for appliances and consumer products this year. Douglas Fischer, editor of the Daily Climate and moderator of Friday’s panel, suggested that “smart appliances” might be a good story hook to pique readers’ interest. “More IPCC reports aren’t going to do it,” said Andrew Revkin, the science and environmental author who runs The New York Times blog “Dot Earth”, referring to the International Panel on Climate Change.

 

Get That Chemical Out of My Product!

One environmental issue that hit home in an immediate way was the recent West Virginia incident, in which coal processing chemicals leaked into municipal water supplies (See this January 21 article in The Charleston Gazette). News reports of this incident may add momentum to reforming TSCA, the Toxic Substances Control Act, said Pearl. On the other hand, the incident could divert energy away from TSCA reform and toward rules on storage tanks, said Hogue. TSCA reform efforts are driven by industry’s desire to reconcile conflicting state regulations, and this may help to keep the focus on the reform effort.

 

Local governments are out ahead of the federal government in many cases. Hogue referred to New York City’s recent ban on polystyrene foam food containers. (See this recent article in USA Today.)

 

Public sentiment is driving a push to “get that chemical out of my product,” said Hogue. Manufacturers are striving to do this, but the reasons these chemicals are in consumer products in the first place is to provide some benefit — structural stability, extended shelf life, and the like. Manufacturers must find suitable substitutes for the chemicals they remove from their products.

 

Often, these efforts are led by the companies themselves, and they use “new and improved” claims to market their products. Hogue described an effort by large chain stores, including WalMart and Whole Foods, to drive these efforts forward, a phenomenon sometimes referred to as “retail regulation”.

 

This is the first in a four-part series on the January 24 briefing, “The Year Ahead in Environment and Energy”. Upcoming topics: Coal: Politics and Power Supplies, Keystone Capers and Ocean Issues, and A World of Slow Drips.