UPDATE: The Senate passed S. 3073, its Interior-Environment spending package, which includes a slight boost in funding for EPA and is largely free of bad environmental riders. Thank you to everyone who called their Senators and asked for a clean funding bill!
Last week, the House of Representatives passed an appropriations bill that includes funding for the U.S Environmental Protection Agency (EPA). In addition to cutting funding for the EPA, this bill includes a number of dangerous anti-environment riders.
The riders include two provisions that would lock the public of the courts. One focuses on a proposed water transfer project in California that is expected to have widespread environmental impacts on the San Francisco Bay. The provision passed by the House of Representatives would completely block judicial review of all agency decisions regarding the environmental review of this project — preventing the public and nonprofits from challenging the government’s review of the environmental impacts of the project, even if that review is flagrantly flawed.
Another rider would prevent the payment of attorney’s fees as part of any settlement that the Federal government is a part of for cases brought under the Clean Water Act, Clean Air Act, or the Endangered Species Act. This would have a two-fold effect. It would make it more difficult for public-interest and environmental groups with limited resources to find attorneys willing to bring legal challenges under these acts. And it would disincentivize settling cases — even though this is often the most expeditious resolution, saving taxpayer money.
The bill also includes riders:
- Attacking Endangered Species Act protections;
- Blocking limits on methane air pollution; and
- Prohibiting the government from considering the cost of climate change in its decision-making.
The Senate will be considering its appropriations bill for EPA and other agencies this week. So far, the bill does not have many of these anti-environment riders, but they could be added as amendments. Please call your Senators as soon as possible, and let them know you would like a clean bill that fully funds EPA. Here are some talking points you can use:
- My name is [YOUR NAME] and I am a resident of [ZIP CODE] in [STATE].
- I am calling to urge you to vote to fully fund the U.S Environmental Protection Agency, so the agency can do its job of protecting our health and environment.
- I also want to urge you to vote against any anti-environment riders proposed as amendments to the appropriations bill.
- I am particularly concerned about two riders passed in the House that would lock the public out of the courts.
- One would exempt the “California WaterFix” or “Delta Tunnels” project from judicial review.
- Another would prevent the payment of attorney’s fees as part of any settlement that the Federal government is a part of for cases brought under the Clean Water Act, Clean Air Act, or the Endangered Species Act.
- Please stand up for the right of the public to challenge government decisions in court, and oppose these riders if they are introduced.
- Thank you.
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Feature image: Chinook salmon on the Lower Tuolumne River in California’s Central Valley. Nine populations are listed under the U.S. Endangered Species Act as either threatened or endangered, including the fall runs found in California’s Bay-Delta. Photo by USFWS photo/Dan Cox.