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EPA Limits Environmental Regulations During Coronavirus Crisis

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  • The U.S. Environmental Protection Agency announced Thursday that it is scaling back its enforcement of environmental rules during the coronavirus emergency as businesses face challenges like layoffs and accessibility issues.
  • The temporary policy allows companies to monitor their own compliance with environmental laws, and the EPA said it will not issue penalties for violations of certain reporting requirements.
  • Many critics slammed the move, arguing that it opens doors to excess pollution and does not prioritize the health and safety of people and wildlife.   
  • The EPA defended the policy, saying it has reserved its authorities for situations other than routine monitoring and reporting and will consider the pandemic’s impacts on a “case-to-case basis.”

Temporary Policy 

The U.S. Environmental Protection Agency (EPA) says it will limit the enforcement of certain regulations as the coronavirus pandemic continues, leaving companies in charge of monitoring their own compliance with environmental laws. 

The agency unveiled the temporary policy on Thursday, arguing that businesses are running into obstacles like layoffs and accessibility issues as the virus alters normal life across the nation.

“EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from COVID-19 may directly impact the ability of regulated facilities to meet all federal regulatory requirements,” EPA Administrator Andrew Wheeler said in a statement.  

Under normal circumstances, companies must report when their facilities release a certain amount of pollution into the air or water. Now, that requirement will be put on hold for the time being. 

“In general, the EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification obligations in situations where the EPA agrees that Covid-19 was the cause of the noncompliance and the entity provides supporting documentation to the EPA upon request,” the policy states.

The agency also said it would exercise “discretion” in enforcing other environmental rules. It noted that the policy does not apply to criminal violations or hundreds of the country’s most toxic waste sites that fall under the Superfund act. The EPA also said it expects public water systems to maintain high standards. 

“Public water systems have a heightened responsibility to protect public health because unsafe drinking water can lead to serious illnesses and access to clean water for drinking and handwashing is critical during the COVID-19 pandemic,” the policy says.

The memo said that the changes will apply retroactively beginning on March 13, with no set end date indicated. 

Criticism of New Policy

Some, including people in the oil industry, had been asking for these regulations to be loosened, but others slammed the EPA’s choice, claiming it is too broad and lax. 

Gina McCarthy, who headed the EPA under the Obama administration and is now president of the Natural Resources Defense Council, called the policy an “open license to pollute.” 

Some called the changes “outrageous” and “evil,” accusing the EPA of prioritizing businesses over the health of individuals and wildlife.

Prominent figures in the climate change fight slammed the move as well.

“The EPA uses this global pandemic to create loopholes for destroying the environment,” teenage climate activist Greta Thunberg tweeted. “This is a schoolbook example for what we need to start looking out for.”

Others pointed out the irony of suspending rules that preserve air quality while a respiratory disease makes its rounds across the country. 

“What part of, ‘air pollution increases our vulnerability to respiratory diseases LIKE CORONAVIRUS,’ is not clear, EPA?” one Twitter user wrote.

Defense of Policy

The EPA stood behind their move and did not agree with its classification as a dismissal of regulations. 

“It is not a nationwide waiver of environmental rules,” Andrea Woods, an E.P.A. spokeswoman, told The New York Times. “For situations outside of routine monitoring and reporting, the agency has reserved its authorities and will take the pandemic into account on a case-by-case basis.”

Susan Parker Bodine, the EPA official who issued the policy, said that it does not excuse organizations from consequences if they do committ environmental violations.

“If you do have violations of your permit, you’re still obligated to meet your permit limits, you’re supposed to do everything possible,” Bodine told ABC. “And after the fact the agency will take that all into consideration but there isn’t a promise of no penalties in those kinds of situations.”

“If you have an acute risk, if you have an imminent threat … the facility has to come in and talk to their regulator, their authorized state or come into the agency,” she added. “And the reason for that is that we want to, we want to put all of our resources into keeping these facilities safe keeping communities safe.”

See what others are saying: (New York Times) (The Guardian) (CNN)

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Biden Issues Targeted Eviction Moratorium for Counties With High Community Transmission

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While more limited than the previous eviction ban, the new policy applies to all areas with “substantial” and “high” COVID transmission, which currently includes 80% of counties that compose 90% of the population.


New Eviction Ban

Three days after the federal eviction ban expired, the Biden administration issued a new, more limited moratorium that will extend until Oct. 3.

Unlike the last freeze, the latest version announced Tuesday only pertains to areas of the country experiencing what the Centers for Disease Control and Prevention labeled “substantial” and “high” cases of COVID-19.

However, the rule still applies to the majority of the country given the new surges driven by the delta variant.

According to the CDC, 80% of counties that make up 90% of the population are currently experiencing substantial or high community transmission. 

While not a full ban, many housing still advocates cheered the Biden administration, which has faced immense pressure to help the millions of Americans who risked losing their homes once the previous freeze expired.

“This is a tremendous relief for millions of people who were on the cusp of losing their homes and, with them, their ability to stay safe during the pandemic,” Diane Yentel, president of the National Low Income Housing Coalition, said in a statement Tuesday. 

Hurdles Remain

Still, others noted that there are outstanding issues with the new policy.

First and foremost, while the moratorium covers most Americans, it does not cover all. According to reports, there are counties in Wisconsin, Michigan, Pennsylvania, and New York that are protected from evictions while neighboring counties are not.

The county-to-county patchwork also adds another layer of confusion for many people who are on the brink of eviction or who have already been evicted. 

Tenants and landlords are now scrambling to see if the freeze applies to them, and because of the temporary lapse in protection, evictions resumed in some states and cities, meaning that some people who would now be covered under the ban have already been evicted.

Perhaps the most notable obstacle is the fact that the new moratorium will almost certainly face legal challenges.

The Biden administration previously argued that it did not have the jurisdiction to extend the eviction freeze unilaterally, citing a recent decision from the Supreme Court, which ruled that the CDC could not extend the ban past July and that Congressional action was needed.

Three days before the moratorium was set to expire, Biden asked Congress to pass legislation to extend it before leaving for their August recess. Republicans blocked the effort by unanimous consent, and Democratic leaders, frustrated with the president’s last-minute demand that left them with few options, said they did not have enough support for a formal vote.

Biden, for his part, has acknowledged that any freeze that comes from his administration would face this obstacle.

“Any call for [a] moratorium based on the Supreme Court’s recent decision is likely to face obstacles,” he told reporters Tuesday. “I’ve indicated to the CDC, I’d like them to look at other alternatives [other] than the one that is in existence, which the court has declared they’re not going to allow to continue.”

Any legal proceedings, however, will take time, meaning Congress could act before any disputes are resolved. The extended timeframe would also give state and local governments more leeway to distribute the nearly $47 billion in rental aid approved in the last two stimulus packages.

Only $3 billion of the funding has been distributed due to the numerous delays and hurdles municipalities have faced while struggling to create new systems to dole out the much-needed aid. 

See what others are saying: (The Washington Post) (NPR) (CBS News)

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Virtually All Emperor Penguins Doomed for Extinction by 2100, Study Finds

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The new study comes as the U.S. The Fish and Wildlife Service moves to submit a proposal Wednesday to add the Emperor penguin to its list of threatened species.


Concerns for Emperor Penguins

Nearly all of the world’s emperor penguin colonies may be pushed to the brink of extinction by 2100, according to a study published Tuesday in the journal Global Change Biology.

More specifically, researchers behind the study said 98% of the colonies could be gone in the next 80 years if climate change continues causing sea ice to melt at its current pace. About 70% of colonies could die off by 2050, it added.

That is pretty huge news because Emperor penguins — the world’s largest penguin species —are a vital part of the Antarctic food chain. They prey on krill, squid, and small fish, and provide a source of food for leopard seals and killer whales.

However, the birds are particularly vulnerable to climate change because they depend on sea ice for viral activities like breeding, feeding, and molting, along with resting or seeking refuge from predators.

U.S. Moves To Protect the Species

The new study comes as the U.S. government considers adding the Emperor penguin to its list of threatened species under the Endangered Species Act.

The U.S. Fish and Wildlife Service plans to build off this new research, along with other data, for its proposal on Wednesday. Once published in the Federal Register, the proposal will be open to a 60-day public comment period.

If the classification is granted, the species would receive protections, including a ban on importations of the birds for commercial purposes.

“These penguins are hard hit by the climate crisis, and the U.S. government is finally recognizing that threat,” Sarah Uhlemann, international program director at the nonprofit Center for Biological Diversity, told the Associated Press.

“Climate change, a priority challenge for this Administration, impacts a variety of species throughout the world,” said Martha Williams, principal deputy director of the wildlife service. “The decisions made by policymakers today and during the next few decades will determine the fate of the Emperor penguin.”

See what others are saying: (The Washington Post) (The Hill) (AP News)

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Florida Breaks Its Record for New Daily COVID-19 Cases and Hospitalizations

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The Sunshine State now accounts for 20% of all new COVID-19 cases nationwide.


Florida Becomes COVID Epicenter

Florida reported 10,207 COVID-19 hospitalizations on Sunday, marking its largest single-day count to date. The grim record comes just one day after the Centers for Disease Control and Prevention released data showing that the state had counted 21,683 new infections Friday, its highest record of daily cases since the start of the pandemic.


Florida has become the new epicenter of the most recent U.S. outbreaks driven by the delta variant. The state now accounts for one out of every five new cases, and the weekend numbers are highly significant because they surpass previous records that were logged before vaccines were readily available.

Notably, Florida’s vaccination rate is actually the exact same as the nationwide average of 49% fully vaccinated, according to The New York Times tracker. In fact, Florida’s rate is the highest among the top 10 states currently reporting the most COVID cases.

While Gov. Ron DeSantis (R) has encouraged Florida residents to get vaccinated, he and the state’s legislature have also made it much harder for local officials to enforce protections to mitigate further spread.

DeSantis Bars Masking in Schools

On the same day that the state reported its highest cases ever, DeSantis signed an executive order banning school districts from requiring students to wear a mask when they go back to school later this month.

The move directly contradicts guidance issued by the CDC last week, which recommended that everyone inside K-12 schools wear a face covering.

DeSantis, for his part, has repeatedly claimed the spikes are part of “seasonal” increases driven by more people being indoors and air-conditioning systems circulating the virus. Still, he argued also Friday that he did not think masks were necessary to prevent children from transmitting COVID in the classroom, where they are inside with air conditioning.

At the same time, last week, Florida reported more than 21,000 infections among children younger than 19.

Florida is not the only state that has banned schools from requiring masks. In fact, many of the states suffering the biggest spikes have done the same, including Arkansas, Oklahoma, and Texas — which all currently rank among the top 10 states with the highest per capita COVID cases.

See what others are saying: (The Washington Post) (NPR) (Axios)

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