Category Archives: buoys

The Endangerment Finding

Now comes Earthjustice with another update, this time regarding their critically important defense of both settled science and established environmental law:

The Trump administration announced {July 29} that it is acting to repeal the most important provision authorizing the federal government to fight climate change.

In 2009, the Environmental Protection Agency (EPA) determined that greenhouse gases are air pollutants that endanger public health and welfare by driving climate change. As such, gases like carbon dioxide and methane are subject to regulation under the Clean Air Act.

This determination — rooted in scientific consensus and affirmed by the Supreme Court — is known as the endangerment finding. It is the foundation of several Clean Air Act protections that limit climate pollution from such sources as power plants, cars and trucks, and fossil fuel drilling operations.

Now, the Trump administration is denying both settled science and the government’s responsibility to address climate change. This, despite Americans facing increasing and intensifying droughts, wildfires, and other climate-change fueled disasters. Trump’s EPA announced it will rescind the finding, and by extension, eliminate greenhouse gas standards for vehicles.

“With today’s announcement, the EPA is telling us in no uncertain terms that U.S. efforts to address climate change are over,” said Earthjustice President Abbie Dillen. “For the industries that contribute most to climate change, the message is ‘pollute more.’ For everyone feeling the pain of climate disasters, the message is ‘you’re on our own.’”

Our coalition of Earthjustice, Natural Resources Defense Council, the Environmental Defense Fund, and Sierra Club has been preparing for this unlawful action. We’ll see the Trump administration in court.

Read on to learn more about where the finding came from and why it matters.

A Supreme Court order and a pile of scientific evidence

The EPA’s determination was the result of a historic Supreme Court case. In 2007, the court ruled in Massachusetts v. EPA that the agency had the authority to regulate greenhouse gases under the Clean Air Act.

This meant that the EPA was required to determine whether greenhouse gases pose a risk to public health and make rules to protect the public if so. Faced with a trove of scientific research that links greenhouse gases to a warming, chaotic climate, the agency released the endangerment finding in 2009. Since then, it has served as a basis for rules limiting greenhouse gas emissions.

The case for the finding has only gotten stronger

As of 2024, the last 10 years have all been the hottest on record amid increasing extreme weather events. The cost of natural disasters driven by climate change is skyrocketing. As just one example, the wildfires that ravaged L.A. this winter are estimated to have caused more than $250 billion in damage. Climate-fueled disasters are driving up insurance rates on homes and businesses, and insurers are exiting high-risk markets.

Meanwhile, the endangerment finding has withstood several industry-backed legal challenges, including one that Earthjustice helped defeat in court. In 2023, the U.S. Circuit Court in D.C. unanimously rejected the most recent challenge by an oil industry group and a collection of climate deniers, and the Supreme Court declined their request to appeal.

What’s next for the endangerment finding?

The administration released its proposal for rescinding the endangerment finding on July 29. The agency said it would comply with its legal obligation to hold a public comment period on the proposal. Earthjustice will be working with clients and partners to submit comprehensive legal and technical comments. This is also a chance for you to weigh in.

After the EPA reviews the public comments and drafts the final rule, it will be sent to the Office of Management and Budget for review. The final rule is expected before the end of the year.

Some of the major regulations that depend on the finding:

Limits on vehicle emissions

At the same time it attacked the endangerment finding, the Trump administration proposed to eliminate climate emissions standards for cars, trucks, and other vehicles.

Transportation is a giant source of carbon dioxide. Emissions from gas-powered vehicles make up the largest source of CO2 in the country. In March 2024, the EPA finalized new car pollution standards that move us towards a pollution-free future. The agency lowered the maximum amount of tailpipe emissions allowed from new cars, starting in model year 2027. This isn’t a ban on gas cars; instead, it pushes automakers to increase the amount of zero-emissions vehicles per fleet each year to balance out emissions from gas-powered cars and light trucks.

In reversing course, the administration is making our economy less competitive. The world is already electrifying its cars and trucks, and the Trump administration is seeking to tie American manufacturers to an old and dying technology.

Limits on power plant emissions

Power plants are responsible for roughly a quarter of climate pollution in the country — particularly carbon dioxide. Yet until last year, these plants had a free pass to dump climate-warming emissions into the air.

In 2024, the EPA proposed standards that require new gas and existing coal-fired power plants to reduce their carbon pollution by 90%. The agency projected that the new standards would cut annual carbon emissions by the same amount as taking 328 million gas-powered cars off the road. The rule also has significant public health benefits, potentially averting up to 1,200 premature deaths a year by 2035.

In June, Trump’s EPA proposed a rollback of these power plant standards.

Limits on methane emissions from oil and gas drilling

As the country transitions to a clean energy economy, the fossil fuel industry has tried to frame “natural” methane gas as a climate-friendly energy source. It’s not: Methane traps over 80 times more heat in the atmosphere than CO2. It is responsible for approximately one-third of the global warming we are experiencing today.

Each year, fossil fuel companies leak or deliberately vent 13 million metric tons of methane into the atmosphere during oil and gas operations. In 2024, after years of legal advocacy by Earthjustice, the Biden administration adopted a rule that cuts 80% of methane from those oil and gas facilities, which are the main source of methane emissions.

The standards address the biggest sources of U.S. oil and gas methane pollution, requiring regular leak monitoring at existing and new well sites and a shift from intentionally emitting devices to widely available zero-emission equipment. The rules also include a program to quickly address the largest leaks and malfunctions — known as super-emitters — and require companies to curtail wasteful flaring (burning off excess gas).

The Trump administration is moving to delay the rule this summer and then revise or revoke it.


For decades, Earthjustice’s litigation has helped strengthen the laws that protect communities from dirty air and reduce climate pollution. We will not cede this progress.


Our Mirror World

Now comes Nicholas Carr, eminent cartographer of the data mine in all its hallucinatory caverns. An excerpt from a recent post on his endlessly illuminating substack:

Let us turn those last two words into a declaration of independence: 

DEFY DATAFICATION!


Ecological Connective Tissue

Now comes the voice of the philosophically inclined mycologist Merlin Sheldrake, via a few excerpts from a mini-colloquium organized by the rich mycelial network known as Orion magazine:

SYMBIOTIC WITH-NESS

 

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Against the Cult of Death

Now comes an Open Letter, signed by hundreds of Nobel laureates, philosophers, scientists & artists, including the entire editorial staff here at DP:

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Love, Grief & Rage

Towards the end of a week that included Earth Day, recognition of which was mostly obscured by the ongoing chaos and destruction emanating from Washington D.C., we relay the following communication from Extinction Rebellion:

The Mourners, a poignant artistic expression of grief for Mother Earth

Extinction Rebellion DC (XRDC) joined tens of thousands of people at the “Hands Off” rally in Washington, D.C. The rally was part of a nationwide day of protest, with more than 1,300 protests across the country. In D.C., while protesters directed their anger and outrage at the increasingly fascist tactics and policies of the Trump Administration, XRDC chose to focus on solemnity: mourning the loss of life and livelihoods that an extractive and exploitative capitalist-industrial system creates. The Mourning Rebels meandered silently through the crowds, holding space for grief.

Inspired by other rebels around the world, XRDC uses the Mourning Rebels as a recurring form of performance art to show that we reject the numbness of today’s society and bear witness to the loss – grieving in public to expose the violence, including the destruction of natural ecosystems, the exploitation of people and animals, and the loss of dignity in political discourse and social interactions. Mourning is a form of resistance that breaks the silence and rejects the lie that this destruction is normal.

“When those in power try to silence us, we rise louder”, explain rebels in D.C. “When they attack our communities, we fight back—together. Today was not just a protest; it was a call to defend our rights, our Constitution, and the planet we all share”.

Rebels draped in black joined forces with a group dressed as women from The Handmaid's Tale

While XRDC keeps focusing on its two main campaigns — stopping the investment in new methane infrastructure in DC and resisting the destruction of a forest for the expansion of a golf course — the Mourning Rebels will remain a recurring action. In the midst of rising violence and crackdowns on dissent, mourning is an expression of solidarity and community. And it is through this crucial process of grief, that we can cultivate meaningful action.

 

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Anti-Constitutional Escapism

Today, as a small group of extremist fanatics continues to attack the legal foundations of our Constitutional Republic, we serve to relay an excerpt from a recent post by the ever-vigilant Timothy Snyder.

 

 

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Our Sacred Honor

 

To rise up & speak up.

To pledge to each other our sacred honor.

To stand together against tyranny.

To redeem the soul of our nation.

 

 

 

 

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What A Relief

 

On this first day of April, amidst the ever-expanding chaos, we pause for a wee bit of happy news, forwarded to us by none other than the crown prince of Happiness Studies, Steven Pinker.

A study referenced today by the BBC appears to confirm, without even the slightest shadow of statistical doubt, that sleeping with an iPhone supports a “greater sensation of lasting happiness” than sleeping with a purring cat.

Indeed, those sleeping with their iPhone rank higher on an inflation-adjusted happiness scale than the good citizens of Finland, who rank #1 in happiness on the Global Happiness Scale.

Even a quick power nap with your iPhone is “likely to induce the required neurochemistry for happiness,” according to the peer-reviewed study.

On that note, back to the chaos.

 

 

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Of Politics & Morality

In the midst of an ongoing collapse of ethical, moral and legal constraints on dangerously unhinged totalitarian power, we are indebted to a longtime DP correspondent for reminding us of Vaclav Havel’s Summer Meditations, dating from 1992.

Two excerpts below:

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Amidst the riptides of the present moment, a sentence worth repeating:

Only one battle can surely be lost: the one we give up.

 

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Against the Voice of the Dictator

Now comes John K. Glenn, senior director at the International Forum for Democratic Studies at the National Endowment for Democracy, relayed from a recent substack post by Timothy Snyder, with all links active:

We need to renew the story of why freedom and democracy matter: not in the abstract but here and now and why it matters for the world we hope to build for our children. We cannot hope the facts will become obvious and naturally prevail. As one former policymaker put it recently, “democracy has become the incumbent in an age of anti-incumbency.” We need to show that what could be lost is vital.

People living in democracies are more secure, prosperous, and safe than those in unfree settings – and declines in freedom lead to declines in prosperity and security, and create a more dangerous world.

The evidence is clear:

Democracies are more secure: A large body of research supports the democratic peace axiom that democracies do not fight wars against each other. They are also less prone to civil war compared to autocracies because they are better at absorbing and channeling discontent through legal and institutional means.

Democracies are more prosperous: The link between freedom and well-being is well documented. Countries with greater freedom in 1995 tended to be more prosperous decades later. The reverse holds as well. Venezuela’s decline in freedom since 1999 under Hugo Chávez and Nicolás Maduro has resulted in one of the steepest economic collapses in the world, rivaled only by Syria, Belarus, and Russia.

Democracies are safer: As Amartya Sen observed, there are “no famines in democracies,” because free societies are better equipped to make course corrections that dictatorships cannot. The Freedom and Prosperity Indexshows that democracies consistently outperform autocracies on all human development metrics, including health and education. Notably, this holds among low-income countries as well: democracies rank seventeen places higher than autocracies on the Human Development Index, with 25% lower infant mortality rates and children attending two additional years of school on average.

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We must renew the positive story of democracy and its advantages, and we can do so humbly and with respect for cultural differences. We must elevate and support the vital voices of people around the world fighting for their freedoms and their rights. We must challenge authoritarian narratives and create new opportunities to work together in common cause.

We must make the case that when people around the world live in freedom, they can build more secure, more prosperous, and safer societies for themselves — making the world more secure, more prosperous, and safer for all of us.

 

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