Environmental Time Wasted

July 28, 2015

A news director at this station, about a decade ago, wanted me to engage in what some call pack journalism, to talk about whatever was occupying the press’s attention. I understood his point; people’s interest was already peaked. Plus the more people talk about the same things, the more it tends to sink in. But I’ve never liked piling on. If you heard it elsewhere, I feel no need to restate it. I like to bring up something else, or a different perspective. I feel more useful that way.

This week I’d like to bring up a case much less talked about than the Supreme Court term’s blockbusters on same-sex marriage and medical care. Those are very important decisions. But here’s another worth examining. On June 29, the Supreme Court decided Michigan v. EPA. According to Justice Scalia and the conservative majority, the case was about whether the EPA needed to consider the costs of regulation. According to Justice Kagan and the liberal dissenters, the case was about whether the EPA needed to consider costs separately before considering specific regulations.

Sometimes court decisions lead one down the rabbit hole with Lewis Carroll. According to Justice Kagan, the EPA did consider costs. It took costs into account in the specific regulations for each type of power plant. It considered costs by adopting ways to mitigate the cost of the required measures to catch up with up-to-date emissions control systems. It decided against more stringent controls because it decided they would not be cost-effective. And it elaborately examined the quantifiable costs and benefits. The problem: it did all that in the wrong order. The result – the rule is on hold now; the agency will have to do some work to show it studied cost the way the Court wants it done before it can reimpose regulation.

That’s one of the main purposes of taking administrative agencies to court – delay can be worth a lot of money to business and industry even if they will eventually have to comply. In other words, regulations can protect the public, but courts can delay them.

Barely mentioned was how much mercury and other toxic pollutants coal fired power plants could send into the air we breathe. Scalia and the industry said there were merely several million dollars damage to the public per year. Kagan and the EPA said the damage was in the tens of billions. Of course much of the damage cannot be measured in dollars anyway – it is about lives damaged and destroyed by mercury and other toxic pollutants.

Republicans have been fighting for years against regulation of mercury emissions. Democrats just as long have been fighting to clean the air of the kinds of things that could damage our health and our ability to lead productive lives. But consistency is the hob-goblin of little minds: Republicans would do everything possible to control addictive drugs that damage our lives, health and minds – they are used by bad people. But Republicans would not control pollutants that damage our lives, health and minds – they are emitted by good people. Democrats, of course, the reverse.

So which congressman, and which justice, is in whose pocket? Some of them apparently define good and bad people by the money in their pockets instead of the things they do to others. Whatever happened to equal justice?

— This commentary was broadcast on WAMC Northeast Report, July 21, 2015.


Regionalism vs. the Environment

August 26, 2014

There’s been news recently about a decline in gas prices. Hallelujah? Or oh my God! Decline in prices means more people will build energy inefficient homes and invest in gas guzzling machinery or businesses. Some will benefit, but the world will suffer. How do we accommodate those inconsistent objectives? Read the rest of this entry »


Band-aids or Systemic Change

July 1, 2014

Let me try to put some things in perspective. I spent a decade in the Legal Service Program which provides lawyers for the poor, first as a store-front lawyer, then in the management of programs or running a clinic. One of the recurring issues we used to debate was whether to focus on what we called “band-aids” or systemic change.

Band aids were individual relief for individual clients, generally much easier to get, but taking quite a lot of time for the few people we could help. It was important work, very satisfying and very frustrating at the same time because we could never make a dent in the needs most of our clients had that way. Read the rest of this entry »


Cooperation Required for Major Health Threats

June 10, 2014

First, it’s so good to have WAMC back doing regular programming. Congratulations all.

Many stations try to give us “news you can use,” by which they mean the things we can do for ourselves. But the things that really matter are the things that require our cooperation.

If we look at our major health threats, I think most people would name heart disease, cancer, diabetes, obesity. I sympathize with that position. With the help or advice of my doctors I’m keeping diabetes and my heart under control, partly by getting closer to what I weighed in college. So now we have a national health care system. Got those licked. Read the rest of this entry »


Cities Against Suburbanization

May 9, 2014

Congress has been considering changing mortgage banking, reducing the role of Fanny Mae and Freddy Mac, the two federal superbanks that have been insuring and buying our mortgages for decades. Actually, the government should stop encouraging the suburbanization of America. Read the rest of this entry »


Other Civilizations Disappeared But What of Ours?

November 19, 2013

At Persepolis, stone carvings bear witness to tribute paid to Persian kings by other great rulers and former empires. Iran was once a great breadbasket of the world. But the Greeks stopped their advance and much of Iran is now a desert. But not America.

The great civilization of Greece disintegrated. Alexander the Great conquered much of the then known world, burning Persepolis along the way. His empire fell apart. But not the world’s only superpower.

Rome ruled from the Mediterranean to the Indus Valley. Its armies over-extended, it was conquered by barbarians. But America can keep the world at bay.

The Anasazi or Ancestral Puebloans in the American southwest suddenly deserted their cliff houses and their civilization disappeared. Unfavorable climate change contributed to the loss of their homelands. Not long before a similar fate befell the Maya who ruled much of central America, and boasted sophisticated mathematics, writing, and science. They too largely disappeared, to reemerge, perhaps, as the underlings in new nations conquered by Europeans.

The same fate befell once powerful civilizations across the great Silk Road, the Indus Valley and China, in Africa and the Americas, as they weakened themselves with war and could not control the environment which decreed that it was the turn of some other people to enjoy the right proportions of sun and rain.

But it couldn’t happen to us. Read the rest of this entry »


Environment Needs A Moral Revolution

October 29, 2013

I commented last week about the need to deal with global warming, population growth and protecting the lands and forests that produce the oxygen we depend on. Those problems are interrelated, and if the rising seas aren’t bad enough, the loss of atmospheric oxygen will suffocate us all. I confess that puts a different perspective on other issues. Can we improve people’s health and job prospects if we have to hold down the impact on the environment? Well yes, but the question is whether we are willing to share in the sandbox we call earth?  Read the rest of this entry »


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