Science
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.
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.
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.”
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.
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.
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.”
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.
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.
Science
Washington state resident dies of new H5N5 form of bird flu
The first person infected with the H5N5 bird flu has died, according to health officials in Washington.
The person, who lived in Grays Harbor County, had been hospitalized earlier this month in Kings County, where Seattle is located.
Officials from the Washington State Department of Health did not release the person’s name, age or gender. According to a news release from Grays Harbor County health officials last week, the person was considered “older” and had underlying health conditions. Their symptoms included a high fever, confusion and trouble breathing.
The person had a backyard flock consisting of mixed domestic poultry.
Testing by the health department found virus in the “environment of the flock … making exposure to the domestic poultry, their environment, or wild birds the most likely source of exposure for this patient.”
Officials at the state’s health department said they were monitoring other people who were exposed to the flock and environment.
This particular strain of bird flu, H5N5, had never been seen in a person before. It appeared first in 2023, infecting birds and mammals in eastern Canada.
According to research published last year on the novel strain, some infected animals carried a key mutation in the virus that allows it to transfer more easily between mammals.
Epidemiologists and virologists worry that avian influenza could generate a pandemic if allowed to spread and mutate. For instance, the H5N1 virus circulating in dairy cattle in North America is one mutation away from being able to spread easily between people.
Every time a bird flu virus infects a person, concerns grow that it could change, becoming more transmissible or more deadly. For instance, if a sickened person also has another flu virus replicating in their body, there’s concern the viruses could exchange genetic material. Just by having an opportunity to replicate and evolve millions of times in the human body, it could acquire deadly mutations.
Health officials say the risk to the public remains low and that no other people involved have tested positive for avian influenza. They say there is no evidence of transmission of the virus between people, but they are monitoring anyone who was in close contact with the patient.
Science
CDC replaces website on vaccines and autism with false and misleading statements
The U.S. Centers for Disease Control and Prevention has altered its website on autism and vaccines, removing unequivocal statements that immunizations don’t cause the neurodevelopmental disorder and replacing them with inaccurate and misleading information about the links between the shots and autism.
Until Wednesday, the CDC page, “Autism and Vaccines,” began: “Studies have shown that there is no link between receiving vaccines and developing autism spectrum disorder (ASD).”
This was followed, in large font, by the blunt statement: “Vaccines do not cause autism.”
The rest of the page summarized some of the CDC’s own studies into autism and vaccine ingredients, none of which found any causal links between the two.
On Wednesday, the page was altered so that it now begins: “The claim ‘vaccines do not cause autism’ is not an evidence-based claim because studies have not ruled out the possibility that infant vaccines cause autism.”
The words “Vaccines do not cause autism” still appear near the top, but with an asterisk that leads to a note at the bottom.
“The header ‘Vaccines do not cause autism’ has not been removed due to an agreement with the chair of the U.S. Senate Health, Education, Labor, and Pensions Committee that it would remain on the CDC website,” the site states.
The chair of that committee, Sen. Bill Cassidy (R-La.), cast the deciding vote to advance Robert F. Kennedy Jr.’s appointment as Health and Human Services secretary, in exchange for Kennedy’s promise that he wouldn’t erode public confidence in vaccines.
“What parents need to hear right now is vaccines for measles, polio, hepatitis B and other childhood diseases are safe and effective and will not cause autism. Any statement to the contrary is wrong, irresponsible, and actively makes Americans sicker,” Cassidy said in a post on X on Thursday afternoon. “Families are getting sick and people are dying from vaccine-preventable deaths, and that tragedy needs to stop.” Cassidy’s office did not immediately respond to further requests for comment Thursday.
“Studies supporting a link have been ignored by health authorities,” HHS spokesman Andrew Dixon said in an email. “We are updating the CDC’s website to reflect gold standard, evidence-based science.”
The news was met with outrage and alarm by scientists and advocates.
“Can we trust what’s coming from CDC anymore? I don’t know the answer to that question,” said Dr. Sean O’Leary, chair of the infectious disease committee at the American Academy of Pediatrics, adding that the website change reflects a “tragic moment” for U.S. public health.
“We are appalled to find that the content on the CDC webpage ‘Autism and Vaccines’ has been changed and distorted, and is now filled with anti-vaccine rhetoric and outright lies about vaccines and autism,” the nonprofit Autism Science Foundation said in a statement. “The CDC’s previous science- and evidence-based website has been replaced with misinformation and now actually contradicts the best available science.”
Alison Singer, the organization’s co-founder and president, expressed further frustration.
“Just like we no longer study whether the Earth is flat, at some point with regard to autism and vaccines, you have to call it and say ‘enough is enough,’” Singer said. “We don’t have an unlimited amount of money with which to study autism, and if we keep asking the same questions, we will never find the true causes of autism.”
The current CDC page now says the rise in autism diagnoses correlates with an increase in the number of vaccines given to infants. Multiple researchers have argued that the rise in autism spectrum disorder diagnoses is better explained by an expanding diagnostic definition of the disorder, along with better monitoring and diagnosis for more children.
“This issue has been studied exhaustively, and it has been shown over and over again that vaccines do not cause autism,” said Colin Killick, executive director of the Autistic Self-Advocacy Network. “This administration continues to lie about autism in ways that endanger both our community and the broader population.”
Science
California regulators approve rules to curb methane leaks and prevent fires at landfills
In one of the most important state environmental decisions this year, California air regulators adopted new rules designed to reduce methane leaks and better respond to disastrous underground fires at landfills statewide.
California Air Resources Board members voted 12-0 on Thursday to approve a batch of new regulations for the state’s nearly 200 large landfills, designed to minimize the release of methane, a powerful greenhouse gas produced by decomposing organic waste. Landfills are California’s second-largest source of methane emissions, following only the state’s large dairy cow and livestock herds.
The new requirements will force landfill operators to install additional pollution controls; more comprehensively investigate methane leaks on parts of landfills that are inaccessible with on-the-ground monitoring using new technology like drones and satellites; and fix equipment breakdowns much faster. Landfill operators also will be required to repair leaks identified through California’s new satellite-detection program.
The regulation is expected to prevent the release of 17,000 metric tons of methane annually — an amount capable of warming the atmosphere as much as 110,000 gas-fired cars driven for a year.
It also will curtail other harmful landfill pollution, such as lung-aggravating sulfur and cancer-causing benzene. Landfill operators will be required to keep better track of high temperatures and take steps to minimize the fire risks that heat could create.
There are underground fires burning in at least two landfills in Southern California — smoldering chemical reactions that are incinerating buried garbage, releasing toxic fumes and spewing liquid waste. Regulators found explosive levels of methane emanating from many other landfills across the state.
During the three-hour Air Resources Board hearing preceding the vote, several Californians who live near Chiquita Canyon Landfill — one of the known sites where garbage is burning deep underground — implored the board to act to prevent disasters in other communities across the state.
“If these rules were already updated, maybe my family wouldn’t be sick,” said Steven Howse, a 27-year resident of Val Verde. “My house wouldn’t be for sale. My close friend and neighbor would still live next door to me. And I wouldn’t be pleading with you right now. You have the power to change this.”
Landfill operators, including companies and local governments, voiced their concern about the costs and labor needed to comply with the regulation.
“We want to make sure that the rule is implementable for our communities, not unnecessarily burdensome,” said John Kennedy, a senior policy advocate for Rural County Representatives of California, a nonprofit organization representing 40 of the state’s 58 counties, many of which own and operate landfills. “While we support the overarching goals of the rule, we remain deeply concerned about specific measures including in the regulation.”
Lauren Sanchez, who was appointed chair of the California Air Resources Board in October, recently attended the United Nations’ COP30 climate conference in Brazil with Gov. Gavin Newsom. What she learned at the summit, she said, made clear to her that California’s methane emissions have international consequences, and that the state has an imperative to reduce them.
“The science is clear, acting now to reduce emissions of methane and other short-lived climate pollutants is the best way to immediately slow the pace of climate change,” Sanchez said.
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