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Zeldin could target a single word to undo endangerment finding
Zeldin could target a single word to undo endangerment finding

E&E News

time16-05-2025

  • Politics
  • E&E News

Zeldin could target a single word to undo endangerment finding

EPA's proposed repeal of the nation's climate rule for power plants may reveal how the agency plans to undo the scientific basis for regulating greenhouse gases, known as the endangerment finding. It could hinge on a single word: 'Significantly.' Three EPA administrations — including President Donald Trump's first — have used Section 111 of the Clean Air Act to curb climate pollution in the power sector. The provision's language asks EPA to determine whether a new stationary source 'causes, or contributes significantly' to harmful air pollution. Advertisement Conservative legal experts — including some who worked in past Republican administrations — told POLITICO's E&E News that EPA could reinterpret 'significantly' to play down the role that carbon emissions from U.S. power plants and other domestic sectors have on global warming. If successful, the argument could be used to undermine the endangerment finding — and the authority it granted to EPA to regulate six greenhouse gases. It would also allow the Trump administration to wage war on a single word — and how it has been used by Democratic administrations — rather than on the trove of scientific studies that offer evidence of the perils that climate change poses to people. 'These kinds of more finessed approaches are certainly smarter than taking on the endangerment finding head on,' said Jonathan Adler, a law professor at Case Western Reserve University School of Law. 'Targeting specific rules is better than trying to tackle all of climate science.' The White House regulatory office is reviewing a draft rule that would be used to scrap the power plant climate regulations that were finalized last year. The draft was submitted for review in record time — a mere 102 days after Trump's second inauguration — and is widely believed to exclude a replacement rule for coal and gas plant emissions — a move that would leave the power sector unregulated for climate pollution. The word 'significantly' doesn't show up in other Clean Air Act sections that govern how EPA weighs the dangers of pollution for the purposes of regulation. For example, the original Obama-era endangerment finding was drafted under Section 202 (a), which directs EPA to regulate pollutants from new motor vehicles if they 'cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.' Under that section, any level of harmful pollution triggers an endangerment finding, which in turn opens the door for regulation. EPA would likely aim to undo that broader finding, too, at a later date. But the presence of 'significantly' in Section 111 gives EPA more wiggle room. Other language does too, including phrases in the same section that give EPA Administrator Lee Zeldin the task of deciding what 'significantly' means. ''Contribute significantly' is not defined in the statute,' said Jeff Holmstead, who served as EPA air chief under President George W. Bush. 'It's the sort of term that the administrator has some discretion on.' Zeldin is likely to define 'significantly' differently from past EPA leaders, such as Gina McCarthy or Michael Regan, both of whom led the agency under Democratic presidents. Adler said EPA would have to account for that change in the rule. 'They will have to defend that change, and they will have to hope that their interpretation of 'significantly' is more convincing to the courts than the prior definition,' said Adler. Future administrations could reverse any changes that Zeldin makes to the interpretation of 'significantly.' Future administrations could reverse any changes that Zeldin makes to the interpretation of 'significantly.' An agency spokesperson declined to provide details about its plans, saying only that the agency 'will be kicking off a formal reconsideration of the 2009 Endangerment Finding in collaboration with the Office of Management and Budget and other relevant agencies.' Attacking a word, not science The administration's efforts to repeal the power plant rule — and the endangerment finding — are coming as the power sector's contribution to climate change has fallen. EPA's most recent greenhouse gas inventory, which the Environmental Defense Fund, an advocacy group, released this month after obtaining it through a Freedom of Information Act request, showed that in 2023 the power sector contributed 31 percent of U.S. carbon emissions from fossil fuel combustion. But that share is trending down. The power sector released 22.3 percent less carbon from fossil fuels in 2023 than it did in 1990, driven mostly by a transition away from coal-fired electricity. Transportation overtook power generation as the highest-emitting U.S. sector in 2016, and its lead has grown ever since. The U.S. economy's overall contribution to global CO2 emissions is also falling. In 2015, when the nation's first climate rule for power plants, the Clean Power Plan, was finalized, the U.S. was responsible for 14.2 percent of the world's CO2 emissions, according to Carbon Brief, a U.K. media outlet that covers climate change. In 2023, it was 13 percent. So, EPA could argue that the U.S. power sector contributes less to the global problem of climate change than it did when the Obama administration first started using Section 111 of the Clean Air Act to regulate it. 'You don't have to dig into the science, and you don't need a huge record,' said Holmstead, who is an attorney with Bracewell LLP. 'You know what power plant CO2 emissions are. We have great data on that. We know that as a percentage of global emissions, they're continuing to fall.' 'I don't think that's a bad argument,' he said. If EPA succeeds in defining power sector emissions as not 'significant' to climate change, it could have a cascading effect. Other stationary source categories — like oil and gas facilities — could wiggle out of regulatory requirements created by the endangerment finding. Because they contribute smaller amounts of U.S. emissions than the power sector. But EPA faces some obstacles to doing that. And at least one stems from Trump himself. A week before Trump left office in January 2021, EPA published a final 'significant contribution finding' in the Federal Register that attempted to define any sector that's responsible for less than 3 percent of overall U.S. greenhouse gas emissions. The idea was to identify emissions sources that had contributed too little pollution to warrant regulation. The finding said stationary sources like oil and gas production, iron and steel manufacturing, and landfills all fell comfortably below that threshold. 'It was an effort to protect smaller, but still important source categories from regulation,' said Sean Donahue, an attorney with Donahue Goldberg & Herzog. 'It was an effort to pre-exclude them.' But the finding affirms that power plants meet every possible criteria for being significant contributors of greenhouse gas emissions. 'Although emissions from [power plants] have fallen since the EPA promulgated the 2015 rule, they still remain uniquely large among stationary source categories,' it stated. The power sector's contribution to climate pollution was 'greater than the emissions of all but four countries,' it noted, making it 'the most appropriate place' for EPA and states to look for opportunities to reduce emissions. The U.S. Court of Appeals for the District of Columbia Circuit vacated the administration's last-minute finding on procedural grounds. But it could still present a stumbling block for EPA, if it offers a radically different conclusion, said Donahue. He said such an approach would be 'indefensible.' 'Anyone who knows anything about climate change knows that it is inherently produced by multiple sources around the world, and that the only way you mitigate is by attacking at least the largest of those source categories,' Donahue said. If EPA were to say power sector emissions aren't significant enough to warrant regulation, he said, 'I think you're basically saying nothing would be.'

Trump and GOP confront state climate plans on two fronts
Trump and GOP confront state climate plans on two fronts

Axios

time02-05-2025

  • Automotive
  • Axios

Trump and GOP confront state climate plans on two fronts

Political and legal fights between federal Republicans and Democratic-led states over climate just intensified on two fronts. Why it matters: States are increasingly important policy and legal arenas as Trump 2.0 officials pare back Biden-era policies. Advocates of tougher steps to fight global warming see chances for important gains. But many industry groups, red state and Trump officials see intrusion into federal policymaking turf. Catch up quick: The Justice Department, in a highly unusual move, is seeking district court injunctions to block Michigan and Hawaii from filing lawsuits that demand damages from fossil fuel producers. Hawaii nonetheless filed suit against oil majors yesterday, though DOJ has made clear it will fight the effort. Separately, DOJ filed cases against "climate superfund" laws recently enacted in Vermont and New York that also seek billions of dollars from the industry. The moves follow President Trump's exec order last month pushing the Justice Department to challenge state policies and lawsuits that it alleges would burden energy production. State of play: Meanwhile, House Republicans, joined by 35 Democrats, passed a measure on Thursday that would thwart California rules that effectively ban the sale of new gas cars by 2035. The resolution under the Congressional Review Act would nix the EPA waiver allowing California rules that a dozen other states can follow. What's next: A looming Senate battle over skirting a parliamentarian ruling that these special, filibuster-proof measures can't be used to rescind EPA waivers. Friction point: Getting back to DOJ's moves, red states and industry groups are already battling the New York and Vermont state climate superfund laws in court. So let's focus on attempts, citing constitutional and other arguments, to block Michigan and Hawaii from bringing cases against oil companies "The idea the federal government can preempt states from even attempting to file lawsuits is outlandish, and the complaint does not fairly represent relevant legal authorities," Jonathan Adler, a professor at Case Western Reserve University, tells me via email. Side note: he's not a lefty. It's "certainly unusual, possibly unprecedented," Michael Gerrard, who heads Columbia's Sabin Center for Climate Change Law, tells me. (His group has been involved in supporting some climate litigation.) The other side: The DOJ, in the complaints, says it's ensuring states don't interfere with the Clean Air Act or the federal government's "exclusive authority over interstate and foreign commerce, greenhouse gas regulation, and national energy policy." It alleges state restrictions and "burdens" on energy producers are raising consumer costs and making the U.S. "less able to defend itself from hostile foreign actors." What they're saying: The American Petroleum Institute applauded the DOJ efforts against the four states. It said the Trump team "gets it" about state laws and lawsuits that "attack" — unconstitutionally in API's view — companies providing reliable energy. But Michigan AG Dana Nessel noted in a statement her lawsuit against fossil fuel producers hasn't been filed, which makes DOJ's move "at best frivolous and arguably sanctionable." What we're watching: A lot.

It's National Margarita Day! Try these fun mixologist-approved twists
It's National Margarita Day! Try these fun mixologist-approved twists

Yahoo

time22-02-2025

  • Lifestyle
  • Yahoo

It's National Margarita Day! Try these fun mixologist-approved twists

The history of the margarita has remained a bit of a mystery. No one seems sure exactly who invented or named it, though traces of the sweet, sour and sometimes salty cocktail date back to Prohibition. What we do know: There's nothing quite like sipping one — ideally paired with some authentic tacos — to wash your cares away. In honor of National Margarita Day (Feb. 22), we asked professional mixologists how they like to drink this beloved cocktail. From adding a touch of heat to experimenting with garnishes, their ideas will give your margaritas a whole new twist. We also included their favorite store-bought mixes and other must-haves to help you perfect your recipe — and have fun while you're at it. But first, here's a basic margarita recipe from Jonathan Adler, beverage director at Shinji's in New York City: Start with 2 oz. high-quality, additive-free tequila (he likes Patrón Reposado, "which brings a subtle oakiness that adds depth"). Mix with ½ oz. Cointreau, ¼ oz. agave syrup "for just the right sweetness" and 1 oz. fresh lime juice. Shake it all up with ice for 10 to 15 seconds "to get that perfect balance of chill and dilution," then strain it into a rocks glass over fresh ice. "A salt rim is optional, but it ties everything together." If you'd rather make it a mocktail, swap the tequila for a zero-proof alternative like Ritual Zero Proof Tequila or Lyre's Agave Blanco to get in on the fun without the buzz. (Here's our guide to the best nonalcoholic drinks of 2025.) 1. Add a kick. To spice things up, Adler relies on a few drops of a homemade spicy tincture. "I make mine by infusing Patrón Silver with dried Thai chilis. Just blend four chiles with 200 ml. of the tequila, let it sit for a week, then strain it through a coffee filter. It's an easy way to control the heat level, drop by drop, without overpowering the other flavors." For another (hot) take, Jesus Aguilar, bar manager of La Contenta Oeste in New York City, recommends infusing the tequila with dried morita chile (smoked baby jalapeño), which he says imparts a smoky and spicy flavor with hints of plum. "After infusing three whole morita chile peppers in a bottle of tequila for approximately three hours, remove the chiles and allow them to dry," he advises. "Once dried, grind the chiles and mix the chile powder with equal parts of kosher salt and sugar (we like Sugar in the Raw brand) to rim the glass." Rob Floyd, celebrity mixologist for Princess Cruises, says one of his favorite drinks they serve on the ships is the Mayan Heat, "which brings together smooth tequila, fresh lime juice, agave, and just the right kick of jalapeño." To make it, you'll need 2 oz. Patrón Silver, ½ oz. lime juice, ½ oz. agave syrup, ¼ oz. triple sec and 1 slice of fresh jalapeño (plus one more for garnish). "Shake and strain all ingredients over fresh ice, then garnish with a fresh slice of jalapeño." Marcelo Chasi, a former bartender at Flatiron Lounge in New York City who serves as an ambassador for Tequila Herradura, likes combining jalapeño and cucumber for a milder take. "Muddle a few slices of cucumber, two slices of jalapeño and some fresh lime juice," he advises. "Finish with agave nectar and you've made yourself a spicy cucumber margarita!" And if you want a quick fix? "Either drop in a couple of dashes of your favorite hot sauce or a couple of jalapeño slices to the shaker," advises Caroline Pardilla, cocktail writer and author of "Margarita Time," a cocktail book coming out March 25. Then add the rest of the ingredients, give everything a good shake and you're good to go. "I love to add color and flavor to my margaritas at home by swapping out the simple syrup for a cordial," shares mixologist and freelance beverage director Wyn Vida. "Lately, I've been playing with watermelon juice and finding ways to incorporate it into everything." She combines 2 oz. Dulce Vida 100 Proof Blanco, 1 oz. freshly squeezed lime juice, 3/4 oz. watermelon cordial (equal parts watermelon juice and sugar, stirred over low heat in a saucepan for a few minutes) and ¼ oz. Naranja Orange Liqueur. Shake for eight seconds and strain into a rocks glass over ice, with a Tajin and chamoy rim. "Garnish it with a Sour Patch Kids watermelon candy on a pick," she adds. "I guarantee your guests will be wowed by the color and nostalgia it brings them." If you don't have time to make a cordial, "a fruity marg can be had by using fruit juice in the place of the triple sec," adds Pardilla. (Aside from watermelon, mango and pineapple are popular, vibrant juice options.) Better yet, mix sweet and spicy, Aguilar says is the trick to his favorite margarita is a pineapple margarita, which will be offered as a special at La Contenta Oeste this National Margarita Day. "Combine four slices of fresh pineapple and five pieces of a small, flavorful chile called chiltepin, which gives an intense, fruity spiciness with earthy notes that pairs well with the sweetness and acidity of the pineapple." Infuse the pineapple and chiltepin chiles together in a bottle of tequila for three hours. To rim the glass, remove the pineapple slices and chiles from the infused tequila, let them dry out, and then grind together and mix with equal parts of salt and sugar. 3. Make it bloom. Botanicals offer another way to add color (plus sweet or herbal depth), and hibiscus tops the list among our experts for its rosy glow. Alessio Altomare, beverage manager at The Ritz-Carlton, Grand Cayman, snuck us a recipe for a hibiscus margarita he says will soon be served at the hotel: Combine in a shaker ¾ oz. hibiscus syrup, ½ oz. orange liqueur (Cointreau or Grand Marnier), 2 oz. tequila blanco and 1 oz. freshly squeezed lime juice. Fill with large ice cubes and shake well for 15 seconds before straining into a glass rimmed with pink Himalayan salt and filled with large rock ice. Charli Gonzalez, a mixologist at STK Steakhouse, adds, "Sometimes I'll even mix a little dried hibiscus powder into my salt for a pop of color." 4. Caramelize it. "Elevating a margarita is all about layering flavor and texture," says Gonzalez. "Infused syrups, like chile honey or hibiscus agave, bring a unique twist. If you're not making them at home, a splash of a quality hibiscus syrup or hot honey syrup works great — just mix well to blend the flavors." Gonzalez also says roasting or smoking citrus adds a deep caramelized edge: "Just cut your limes or oranges in half and give them a quick sear or use a kitchen torch until lightly charred." 5. Amp up the orange flavor. Federico Doldi, the former director of beverages and bar operations at the Gansevoort Hotel, suggests swapping the traditional margarita base for an equal blend of tequila blanco and Savoia, an Italian apertif with notes of bitter orange. "The result is a refreshingly bright and refined new spin on the beloved original — smooth, zesty, and layered with complexity. Perfect for those looking to elevate their margarita experience with a modern yet elegant Italian touch."

‘Dopamine decor' is the anti-trend trend that can boost your mood
‘Dopamine decor' is the anti-trend trend that can boost your mood

Washington Post

time12-02-2025

  • Lifestyle
  • Washington Post

‘Dopamine decor' is the anti-trend trend that can boost your mood

If you've been seeking a little jolt of happiness anywhere you can find one lately, you're not alone. 'Trying to have a home that is incredibly comfortable and [surrounding] myself with the things that I love tempers my existential despair,' says designer Jonathan Adler, who has made a brand out of mood-boosting with his witty tabletop objets (cases in point: decorative brass boxes in the shape of Xanax; wicker bananas).

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