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E.P.A. Investigations of Severe Pollution Look Increasingly at Risk

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E.P.A. Investigations of Severe Pollution Look Increasingly at Risk

A refinery in New Mexico that the federal government has accused of some of the worst air pollution in the country.

A chemical plant in Louisiana being investigated for leaking gas from storage tanks.

Idaho ranchers accused of polluting wetlands.

Under President Biden, the Environmental Protection Agency took a tough approach on environmental enforcement by investigating companies for pollution, hazardous waste and other violations. The Trump administration, on the other hand, has said it wants to shift the E.P.A.’s mission from protecting the air, water and land to one that seeks to “lower the cost of buying a car, heating a home and running a business.”

As a result, the future of long-running investigations like these suddenly looks precarious. A new E.P.A. memo lays out the latest changes.

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E.P.A. enforcement actions will no longer “shut down any stage of energy production,” the March 12 memo says, unless there’s an imminent health threat. It also curtails a drive started by President Biden to address the disproportionately high levels of pollution facing poor communities nationwide. “No consideration,” the memo says, “may be given to whether those affected by potential violations constitute minority or low-income populations.”

Those changes, said Lee Zeldin, the E.P.A. administrator, would “allow the agency to better focus on its core mission and powering the Great American Comeback.”

David Uhlmann, who led enforcement at the agency under the Biden administration, said the memo amounted to the agency announcing that “if companies, especially in the oil and gas sector, break the law, this E.P.A. does not intend to hold them accountable.”

That would “put communities across the United States in harm’s way,” he said, particularly poorer or minority areas that often suffer the worst pollution.

Molly Vaseliou, a spokesperson for the E.P.A., said she could not comment on ongoing investigations or cases. The Department of Justice, which has faced its own staff and budget cuts, declined to comment.

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Conservatives have argued that E.P.A. regulations have hurt economic growth and investment. “Bold deregulatory action at E.P.A. will unleash American energy and reduce costs for American families,” said Grover Norquist, President of Americans for Tax Reform, the anti-tax organization, in a statement. “The government’s expensive web of overregulation is being unwoven.”

To be sure, enforcement cases brought by the Biden administration are still winding their way through courts. On Wednesday, the Japanese truck manufacturer Hino Motors pleaded guilty to submitting false emissions-testing data in violation of the Clean Air Act and agreed to pay more than $1.6 billion in fines stemming from a probe first opened by California in 2019.

At the same time, a wider reframing of the purpose of the E.P.A. is underway. The agency was created a half-century ago, during the Republican presidential administration of Richard M. Nixon, with a mandate to protect the environment and public health.

Last week, the Trump administration said it would repeal dozens of the nation’s most significant environmental regulations, including limits on pollution from tailpipes and smokestacks, and protections for wetlands.

In a video posted to X, the social media site, Mr. Zeldin said his agency’s mission was now to “lower the cost of buying a car, heating a home and running a business.”

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Project 2025, a blueprint for overhauling the federal government that was produced by the Heritage Foundation and written by many who are serving in the Trump administration, goes further, seeking to eliminate the E.P.A. office that carries out enforcement and compliance work. Mr. Zeldin has also said he intends to cut the agency’s spending by 65 percent and eliminate its scientific research arm.

Some on-site inspections, which form a vital part of enforcement investigations, are already being delayed or suspended, according to two people who spoke on condition of anonymity because they are unauthorized to speak publicly. Investigations related to air pollution were particularly vulnerable, they said.

There has already been one significant reversal. This month the Trump administration dropped a federal lawsuit against Denka Performance Elastomer, a chemical manufacturer accused of releasing high levels of a likely carcinogen from its Louisiana plant.

The Biden administration filed the lawsuit after regulators determined that emissions of chloroprene, used to make synthetic rubber, were contributing to health concerns in a region along the Mississippi River with some of the highest cancer risk in the United States.

“I honestly wonder if the malefactors are going to give us more burning rivers,” said William K. Reilly, E.P.A. administrator under President George H.W. Bush, speaking to reporters this month. He was referring to a fire on the polluted Cuyahoga River in Ohio in the late 1960s that helped galvanize environmental awareness.

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And while the E.P.A. said it remained committed to addressing imminent health threats, the risks from pollution tend to play out over longer periods of time, in the form of increased rates of cancer, birth defects or long-term respiratory and cardiac harm, said Ann E. Carlson, a professor of environmental law at the UCLA School of Law.

“The memorandum is essentially a wink, wink to coal and oil interests that they can pollute with what may be close to impunity,” she said.

That would be a stark reversal after the Biden administration had worked to build up the agency’s enforcement work. In 2024, the E.P.A. concluded 1,851 civil cases and collected $1.7 billion in administrative and judicial penalties, both the highest levels since 2017. That same year, 121 criminal defendants were charged.

The agency had also prioritized policing greenhouse gas emissions, toxic “forever chemicals” known as PFAS, as well as the disposal of coal ash, the toxic material left over from burning coal.

The new Trump E.P.A. will pull back both from a focus on coal ash disposal, and from emissions of methane, a potent greenhouse gas, from oil and gas facilities, the recent memo said.

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Other Biden-era enforcement settlements are waiting to be finalized, including one involving the decades-old HF Sinclair refinery in Artesia, N.M., accused of causing some of the worst concentrations of cancer-causing benzene in the country.

The E.P.A., together with the Department of Justice and the state of New Mexico, proposed a $35 million settlement in the final days of the Biden administration as part of an effort to protect people living in Artesia, a city of 13,000 people with a long history of pollution. HF Sinclair, which processes about 100,000 barrels of crude oil a day in Artesia, was also required to invest in fixes at the refinery that would reduce emissions of hazardous air pollutants.

So far, the Trump administration has not moved to finalize that settlement.

In a statement, the Texas-based operator said it had already invested in fixes and monitoring to address the allegations.

The New Mexico Department of Environmental Quality said it supported moving forward with the settlement “as expeditiously as possible,” adding that, “due to the change in administration at the federal level, timing is unclear.”

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Investigations just getting started face even greater uncertainties, because the agency has leeway not to follow up on violations.

In March 2023, E.P.A. officials discovered leaks and other alleged violations of pollution laws during an inspection at a refinery and chemicals plant operated in Norco, La., by Shell, the Dutch oil and gas giant.

According to a notice later issued by the E.P.A., and obtained by the Environmental Integrity Project, a watchdog group, one chemical storage tank was found with “severe pitting across the entire fixed roof, as well as cracks/openings with detectable emissions.”

The E.P.A. has declined to say whether investigations were continuing. Shell declined to comment.

Some cases may be shaped by wider changes.

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In 2021, E.P.A. inspectors found signs that a cattle ranch in Bruneau, Idaho, had disrupted protected wetlands by constructing road crossings and by mining sand and gravel from a local river. The agency sued, alleging violations of the Clean Water Act, in particular a bitterly contested rule adopted by the Obama administration known as “waters of the United States,” which extended existing federal protections to smaller bodies of water such as rivers, waterways and wetlands.

A federal judge dismissed the original case after a 2023 Supreme Court ruling curtailed the federal government’s authority to regulate smaller bodies of water. President Biden’s E.P.A. filed an amended lawsuit in September.

Last week, the E.P.A. said it would rewrite the rule to lower permitting costs for developers.

Ivan London, an attorney with the Mountain States Legal Foundation who is helping to defend the ranchers in the case, said that he expected his clients’ arguments to prevail regardless of the E.P.A.’s new rule-making. The ranchers argue that the E.P.A. has no authority to regulate the wetlands in question.

Still, the current Trump administration would certainly side more with the defendants, and that could affect the case, he said. “I’ve been surprised before, and I’m sure I’ll be surprised again,” he said.

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Diablo Canyon clears last California permit hurdle to keep running

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Diablo Canyon clears last California permit hurdle to keep running

Central Coast Water authorities approved waste discharge permits for Diablo Canyon nuclear plant Thursday, making it nearly certain it will remain running through 2030, and potentially through 2045.

The Pacific Gas & Electric-owned plant was originally supposed to shut down in 2025, but lawmakers extended that deadline by five years in 2022, fearing power shortages if a plant that provides about 9 percent the state’s electricity were to shut off.

In December, Diablo Canyon received a key permit from the California Coastal Commission through an agreement that involved PG&E giving up about 12,000 acres of nearby land for conservation in exchange for the loss of marine life caused by the plant’s operations.

Today’s 6-0 vote by the Central Coast Regional Water Board approved PG&E’s plans to limit discharges of pollutants into the water and continue to run its “once-through cooling system.” The cooling technology flushes ocean water through the plant to absorb heat and discharges it, killing what the Coastal Commission estimated to be two billion fish each year.

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The board also granted the plant a certification under the Clean Water Act, the last state regulatory hurdle the facility needed to clear before the federal Nuclear Regulatory Commission (NRC) is allowed to renew its permit through 2045.

The new regional water board permit made several changes since the last one was issued in 1990. One was a first-time limit on the chemical tributyltin-10, a toxic, internationally-banned compound added to paint to prevent organisms from growing on ship hulls.

Additional changes stemmed from a 2025 Supreme Court ruling that said if pollutant permits like this one impose specific water quality requirements, they must also specify how to meet them.

The plant’s biggest water quality impact is the heated water it discharges into the ocean, and that part of the permit remains unchanged. Radioactive waste from the plant is regulated not by the state but by the NRC.

California state law only allows the plant to remain open to 2030, but some lawmakers and regulators have already expressed interest in another extension given growing electricity demand and the plant’s role in providing carbon-free power to the grid.

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Some board members raised concerns about granting a certification that would allow the NRC to reauthorize the plant’s permits through 2045.

“There’s every reason to think the California entities responsible for making the decision about continuing operation, namely the California [Independent System Operator] and the Energy Commission, all of them are sort of leaning toward continuing to operate this facility,” said boardmember Dominic Roques. “I’d like us to be consistent with state law at least, and imply that we are consistent with ending operation at five years.”

Other board members noted that regulators could revisit the permits in five years or sooner if state and federal laws changes, and the board ultimately approved the permit.

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Deadly bird flu found in California elephant seals for the first time

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Deadly bird flu found in California elephant seals for the first time

The H5N1 bird flu virus that devastated South American elephant seal populations has been confirmed in seals at California’s Año Nuevo State Park, researchers from UC Davis and UC Santa Cruz announced Wednesday.

The virus has ravaged wild, commercial and domestic animals across the globe and was found last week in seven weaned pups. The confirmation came from the U.S. Department of Agriculture’s National Veterinary Services Laboratory in Ames, Iowa.

“This is exceptionally rapid detection of an outbreak in free-ranging marine mammals,” said Professor Christine Johnson, director of the Institute for Pandemic Insights at UC Davis’ Weill School of Veterinary Medicine. “We have most likely identified the very first cases here because of coordinated teams that have been on high alert with active surveillance for this disease for some time.”

Since last week, when researchers began noticing neurological and respoiratory signs of the disease in some animals, 30 seals have died, said Roxanne Beltran, a professor of ecology and evolutionary biology at UC Santa Cruz. Twenty-nine were weaned pups and the other was an adult male. The team has so far confirmed the virus in only seven of the dead pups.

Infected animals often have tremors convulsions, seizures and muscle weakness, Johnson said.

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Beltran said teams from UC Santa Cruz, UC Davis and California State Parks monitor the animals 260 days of the year, “including every day from December 15 to March 1” when the animals typically come ashore to breed, give birth and nurse.

The concerning behavior and deaths were first noticed Feb. 19.

“This is one of the most well-studied elephant seal colonies on the planet,” she said. “We know the seals so well that it’s very obvious to us when something is abnormal. And so my team was out that morning and we observed abnormal behaviors in seals and increased mortality that we had not seen the day before in those exact same locations. So we were very confident that we caught the beginning of this outbreak.”

In late 2022, the virus decimated southern elephant seal populations in South America and several sub-Antarctic Islands. At some colonies in Argentina, 97% of pups died, while on South Georgia Island, researchers reported a 47% decline in breeding females between 2022 and 2024. Researchers believe tens of thousands of animals died.

More than 30,000 sea lions in Peru and Chile died between 2022 and 2024. In Argentina, roughly 1,300 sea lions and fur seals perished.

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At the time, researchers were not sure why northern Pacific populations were not infected, but suspected previous or milder strains of the virus conferred some immunity.

The virus is better known in the U.S. for sweeping through the nation’s dairy herds, where it infected dozens of dairy workers, millions of cows and thousands of wild, feral and domestic mammals. It’s also been found in wild birds and killed millions of commercial chickens, geese and ducks.

Two Americans have died from the virus since 2024, and 71 have been infected. The vast majority were dairy or commercial poultry workers. One death was that of a Louisiana man who had underlying conditions and was believed to have been exposed via backyard poultry or wild birds.

Scientists at UC Santa Cruz and UC Davis increased their surveillance of the elephant seals in Año Nuevo in recent years. The catastrophic effect of the disease prompted worry that it would spread to California elephant seals, said Beltran, whose lab leads UC Santa Cruz’s northern elephant seal research program at Año Nuevo.

Johnson, the UC Davis researcher, said the team has been working with stranding networks across the Pacific region for several years — sampling the tissue of birds, elephant seals and other marine mammals. They have not seen the virus in other California marine mammals. Two previous outbreaks of bird flu in U.S. marine mammals occurred in Maine in 2022 and Washington in 2023, affecting gray and harbor seals.

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The virus in the animals has not yet been fully sequenced, so it’s unclear how the animals were exposed.

“We think the transmission is actually from dead and dying sea birds” living among the sea lions, Johnson said. “But we’ll certainly be investigating if there’s any mammal-to-mammal transmission.”

Genetic sequencing from southern elephant seal populations in Argentina suggested that version of the virus had acquired mutations that allowed it to pass between mammals.

The H5N1 virus was first detected in geese in China in 1996. Since then it has spread across the globe, reaching North America in 2021. The only continent where it has not been detected is Oceania.

Año Nuevo State Park, just north of Santa Cruz, is home to a colony of some 5,000 elephant seals during the winter breeding season. About 1,350 seals were on the beach when the outbreak began. Other large California colonies are located at Piedras Blancas and Point Reyes National Sea Shore. Most of those animals — roughly 900 — are weaned pups.

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It’s “important to keep this in context. So far, avian influenza has affected only a small proportion of the weaned at this time, and there are still thousands of apparently healthy animals in the population,” Beltran said in a press conference.

Public access to the park has been closed and guided elephant seal tours canceled.

Health and wildlife officials urge beachgoers to keep a safe distance from wildlife and keep dogs leashed because the virus is contagious.

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When slowing down can save a life: Training L.A. law enforcement to understand autism

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When slowing down can save a life: Training L.A. law enforcement to understand autism

Kate Movius moved among a roomful of Los Angeles County sheriff’s deputies, passing out a pop trivia quiz and paper prism glasses.

She told them to put on the vision-distorting glasses, and to write with their nondominant hand. As they filled out the tests, Movius moved about the City of Industry classroom pounding abruptly on tables. Then came the cowbell. An aide flashed the overhead lights on and off at random. The goal was to help the deputies understand the feeling of sensory overwhelm, which many autistic people experience when incoming stimulation exceeds their capacity to process.

“So what can you do to assist somebody, or de-escalate somebody, or get information from someone who suffers from a sensory disorder?” Movius asked the rattled crowd afterward. “We can minimize sensory input. … That might be the difference between them being able to stay calm and them taking off.”

Movius, founder of the consultancy Autism Interaction Solutions, is one of a growing number of people around the U.S. working to teach law enforcement agencies to recognize autistic behaviors and ensure that encounters between neurodevelopmentally disabled people and law enforcement end safely.

She and City of Industry Mayor Cory Moss later passed out bags filled with tools donated by the city to aid interactions: a pair of noise-damping headphones to decrease auditory input, a whiteboard, a set of communication cards with words and images to point to, fidget toys to calm and distract.

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“The thing about autistic behavior when it comes to law enforcement is a lot of it may look suspicious, and a lot of it may feel very disrespectful,” said Movius, who is also the parent of an autistic 25-year-old man. Responding officers, she said, “are not coming in thinking, ‘Could this be a developmentally disabled person?’ I would love for them to have that in the back of their minds.”

A sheriff’s deputy reads a pamphlet on autism during the training program.

(Genaro Molina / Los Angeles Times)

Autism spectrum disorder is a developmental condition that manifests differently in nearly every person who has it. Symptoms cluster around difficulties in communication, social interaction and sensory processing.

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An autistic person stopped by police might hold the officer’s gaze intensely or not look at them at all. They may repeat a phrase from a movie, repeat the officer’s question or temporarily lose their ability to speak. They might flee.

All are common involuntary responses for an autistic person in a stressful situation, which a sudden encounter with law enforcement almost invariably is. To someone unfamiliar with the condition, all could be mistaken for intoxication, defiance or guilt.

Autism rates in the U.S. have increased nearly fivefold since the Centers for Disease Control began tracking diagnoses in 2000, a rise experts attribute to broadening diagnostic criteria and better efforts to identify children who have the condition.

The CDC now estimates that 1 in 31 U.S. 8-year-olds is autistic. In California, the rate is closer to 1 in 22 children.

As diverse as the autistic population is, people across the spectrum are more likely to be stopped by law enforcement than neurotypical peers.

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About 15% of all people in the U.S. ages 18 to 24 have been stopped by police at some point in their lives, according to federal data. While the government doesn’t track encounters for disabled people specifically, a separate study found that 20% of autistic people ages 21 to 25 have been stopped, often after a report or officer observation of a person behaving unusually.

Some of these encounters have ended in tragedy.

In 2021, Los Angeles County sheriff’s deputies shot and permanently paralyzed a deaf autistic man after family members called 911 for help getting him to a hospital.

Isaias Cervantes, 25, had become distressed about a shopping trip and started pushing his mother, his family’s attorney said at the time. He resisted as two deputies attempted to handcuff him and one of the deputies shot him, according to a county report.

In 2024, Ryan Gainer’s family called 911 for support when the 15-year-old became agitated. Responding San Bernardino County sheriff‘s deputies shot and killed him outside his Apple Valley home.

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Last year, police in Pocatello, Idaho, shot Victor Perez, 17, through a chain-link fence after the nonspeaking teenager did not heed their shouted commands. He died from his injuries in April.

Autism Interaction Solutions program in the City of Industry.

Sheriff’s deputies take a trivia quiz using their non-writing hands, while wearing vision-distorting glasses, as Kate Movius, standing left, and Industry Mayor Cory Moss, right, ring cowbells. The idea was to help them understand the sensory overwhelm some autistic people experience.

(Genaro Molina / Los Angeles Times)

As early as 2001, the FBI published a bulletin on police officers’ need to adjust their approach when interacting with autistic people.

“Officers should not interpret an autistic individual’s failure to respond to orders or questions as a lack of cooperation or as a reason for increased force,” the bulletin stated. “They also need to recognize that individuals with autism often confess to crimes that they did not commit or may respond to the last choice in a sequence presented in a question.”

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But a review of multiple studies last year by Chapman University researchers found that while up to 60% of officers have been on a call involving an autistic person, only 5% to 40% had received any training on autism.

In response, universities, nonprofits and private consultants across the U.S. have developed curricula for law enforcement on how to recognize autistic behaviors and adapt accordingly.

The primary goal, Movius told deputies at November’s training session, is to slow interactions down to the greatest extent possible. Many autistic people require additional time to process auditory input and verbal responses, particularly in unfamiliar circumstances.

If at all possible, Movius said, wait 20 seconds for a response after asking a question. It may feel unnaturally long, she acknowledged. But every additional question or instruction fired in that time — what’s your name? Did you hear me? Look at me. What’s your name? — just decreases the likelihood that a person struggling to process will be able to respond at all.

Moss’ son, Brayden, then 17, was one of several teenagers and young adults with autism who spoke or wrote statements to be read to the deputies. The diversity of their speech patterns and physical mannerisms showed the breadth of the spectrum. Some were fluently verbal, while others communicated through signs and notes.

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“This population is so diverse. It is so complicated. But if there’s anything that we can show [deputies] in here that will make them stop and think, ‘Hey, what if this is autism?’ … it is saving lives,” Moss said.

Cory Moss and Kate Movius hug

Mayor Cory Moss, left, and Kate Movius hug at the end of the training program last November. Movius started Autism Interaction Solutions after her son was born with profound autism.

(Genaro Molina / Los Angeles Times)

Some disability advocates cautioned that it takes more than isolated training sessions to ensure encounters end safely.

Judy Mark, co-founder and president of the nonprofit Disability Voices United, says she trained thousands of officers on safe autism interactions but stopped after Cervantes’ shooting. She now urges families concerned about an autistic child’s safety to call an ambulance rather than law enforcement.

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“I have significant concern about these training sessions,” Mark said. “People get comfort from it, and the Sheriff’s Department can check the box.”

While not a panacea, supporters argue that a brief course is better than no preparation at all. Some years ago, Movius received a letter from a man whose profoundly autistic son slipped away as the family loaded their car at the beach. He opened the unlocked door of a police vehicle, climbed into the back and began to flail in distress.

Though surprised, the officer seated at the wheel de-escalated the situation and helped the young man find his family, the father wrote to Movius. He had just been to her training.

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