Shutdown Would Curb EPA’s Reviews, Inspections And Enforcement

Should Congress fail to keep the federal government open this weekend, most of the 14,000 employees of the U.S. Environmental Protection Agency would be furloughed.

Public health, safety and the environment are at risk from a government shutdown, according to a statement from the White House.

Should Congress fail to keep the federal government open this weekend, most of the 14,000 employees of the U.S. Environmental Protection Agency would be furloughed.

EPA inspections of chemical facilities, hazardous waste sites and drinking water systems would cease.

The agency would be unable to review permits under the Clean Air Act and Clean Water Act or enforce compliance with those laws.

It would have to slow or stop cleanup activities at Superfund sites, some of the most polluted places in the country.

The EPA would also halt environmental reviews of infrastructure projects. Its emergency response and disaster assistance functions would also be curtailed.

Groups Sue EPA Over Missed Deadline On Ethylene Oxide Standards

Ethylene oxide is a flammable, colorless gas that’s used to manufacture other chemicals. It is carcinogenic, even when people are exposed to it in small quantities.

Environmental groups are taking the U.S. Environmental Protection Agency (EPA) to court over emissions of a cancer-causing chemical in the Kanawha Valley.

The law firm Earthjustice has sued EPA Administrator Michael Regan because the agency missed a 2022 deadline to issue new standards for facilities that emit ethylene oxide.

Ethylene oxide is a flammable, colorless gas that’s used to manufacture other chemicals.

It is carcinogenic, even when people are exposed to it in small quantities.

Adam Kron, an attorney for Earthjustice who’s based in Washington, said the purpose of the lawsuit is to force the EPA to lock in a new rule by the end of next year.

“Rules that don’t have court-ordered deadlines often are the ones that tend to get pushed,” he said.

The federal Clean Air Act requires the EPA to review and revise emissions standards for hazardous pollutants such as ethylene oxide every eight years.

Morrisey Previews Supreme Court Case Against EPA Power On Carbon

West Virginia Attorney General Patrick Morrisey was in the nation’s capital today to discuss an upcoming Supreme Court case.

Morrisey is leading a coalition of states challenging the Environmental Protection Agency’s authority to regulate carbon dioxide emissions.

The Biden administration is expected to take action this year to limit carbon emissions from power plants, which could accelerate the transition away from fossil fuels.

A federal appeals court ruled last year that the EPA has broad power under the Clean Air Act to regulate power plant emissions.

Morissey told an audience at the National Press Club that the power rests with Congress.

“This is not about the merits of climate change one way or the other,” he said. “It’s ultimately about, should we make sure that the balance between the legislative branch and the executive branch is consistent with how the Constitution laid it out.”

The Supreme Court will hear arguments in West Virginia v EPA on Feb. 28.

Congress Backs Court Challenge to Obama's Climate Plan

  West Virginia Senator Joe Manchin is 1 of more than 200 members of Congress that is backing a court challenge to President Barack Obama’s plan to curtail greenhouse gas emissions.

A brief filed Tuesday with the U.S. Court of Appeals in Washington argues that the Environmental Protection Agency overstepped its legal authority by regulating carbon dioxide emissions.

Led by Senate Majority Leader Mitch McConnell and House Speaker Paul Ryan, those signing on include senators and Republican presidential candidates Ted Cruz and Marco Rubio. Manchin is the group’s lone Democrat.

About two dozen mostly GOP-led states have sued to stop the Clean Power Plan, which aims to slow climate change by cutting power-plant emissions by one-third by 2030. The Supreme Court has delayed implementation of the plan until the legal challenges are resolved.

Legislature Considering Who Can Make Smoking Regulations

At the legislature today, there’s Senate action on a bill we learned about last night to invest 78 million dollars in broadband development.  And the House quietly passes a flurry of bills on the floor today ranging from early childhood education to rules for barbers and hair stylists.  We’ll talk with the Chair and Vice Chair of the House committee that oversees barbershops and hair salons, among other things, on The Legislature Today.

House Passes Bills on EPA, Highways, & Board of Education

Friday in the House, three bills were up for passage. First was House Bill 2004, which would require a procedure for the development of a state plan in regard to the Clean Air Act.

Currently the Environmental Protection Agency requires a 20% decrease in carbon-emissions by the year 2030 for the whole country.

Delegate John Shott, chairman of the House Judiciary committee, explained that in the EPA’s proposed rule, it requires a state to follow a set of four building blocks to reach this goal, however, he said the building blocks don’t add for much wiggle room for West Virginia.

“It requires limiting and reducing energy used by West Virginia residents and citizens. Let me say that again, it requires limiting and reducing energy used by West Virginia residents and citizens,” Shott noted, “This is greater than just a coal debate. This is a debate about the Federal EPA telling citizens how much energy they can use in their own homes.”

Shott says this bill would help aid in some pushback toward the EPA and give the state a little more control. It would require the Department of Environmental Protection to submit a report to the Legislature determining whether a state plan from the EPA is feasible. This in turn would allow for development of a proposed state plan to be reviewed and considered by the Legislature before submission to the EPA.

“In sum,” Shott said, “the proposed EPA rule is an improper intrusion upon the people of this state. We as the Legislature are the people’s eyes and ears and directly accountable them for the laws and policies of our state. In passing this bill we are properly exercising our role as a legislature and ensuring that the energy policies of this state are given appropriate review and consideration and not forced upon us by the EPA.”

House Bill 2004 passed overwhelmingly 93 to 3. Delegates Barbara Fleischauer, Mike Pushkin, and Stephen Skinner voted against.

Next was House Bill 2008, auditing the Division of Highways.

Delegate Eric Nelson, the Chair of House Finance, thinks this bill will help fix up West Virginia roads. The original bill took $500,000 dollars out of the State Road Fund to pay for the audit. That amount has been removed from the bill, and now the legislature will pay for the audit from its accounts.

“The biggest thing we did is we took this out of the Department of Highways,” said Nelson, “as far as the cost of this audit, we all know that we have issues with our, the maintenance of our roads and whatnot and did not feel like that needed to be a burden of the Department of Highways, and instead this will be an expense of the joint committee. A couple of other points, the last independent audit of the Department of Highways was completed in 2005, and before our committee, both Secretary Maddox and the Legislative Auditor both expressed support for the independent audit. I urge passage, Mr. Speaker.”

Delegate Amy Summers of Taylor County stood to support Nelson’s bill.

“We’ve put roads on the back burner for too long,” Summers said, “The audit of the Department of Highways is the initial step to evaluate our needs and develop a plan. Infrastructure can no longer be ignored. I urge support of House Bill 2008.”

Delegate Tim Miley, the Minority Leader, also stood to support the bill, but he inquired about the last independent audit done in 2005. He asked Delegate Nelson if anyone had followed up with the audit to determine whether the recommendations following it were implemented and if it is currently being followed. Nelson said many of the new plans over the last ten years came from that audit in 2005.

House Bill 2008 passed 96 to 0.

The last bill on third reading was House Bill 2151. This bill would make the West Virginia Teacher of the Year an ex officio, nonvoting member of the West Virginia Board of Education. The bill would also require two members of the Board of Education to be parents of children currently in the school system.

This bill also passed but with one rejection vote from Delegate Mike Azinger from Wood County.

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