EPA Rule Would Block Appeals of Pollution Permits
EPA Rule Would Block Appeals of Pollution Permits
A new EPA rule aimed at the Environmental Appeals Board (EAB) would prevent communities and the public from appealing pollution permits for projects while maintaining polluters’ ability to appeal denials. The regulation, which is expected to be unveiled this week, would mark the latest effort by the Trump administration to weaken environmental protections. Supporters say the new rule would eliminate red tape for cases that will end up in court regardless.
“Trump has gone after 83 different rules rolling back environmental protections. Now he’s proposing a new EPA rule that will deny communities their right to appeal permit decisions that directly affect public health and the environment. States, local governments, conservation groups and neighbors will be unable to try to stop projects that threaten to dirty their air and their water without going to court. Once again, Trump is siding with polluters and special interests over the people,” said Jeff Tittel, director of the New Jersey Sierra Club. “While the rule would take power away from people, Trump is preserving the right of businesses to appeal permits. He is creating a double standard that strips away more people’s rights.”
The proposed regulation being considered by EPA means only industry and other permit holders would be able to appeal new permits. States, conservation groups, neighbors and communities would be unable to file appeals. The changes would strip the EAB of its power to hear permit appeals from anyone other than the industrial operator. The EAB, which was once led by DEP Commissioner Catherine McCabe, has decided nearly 600 permit appeals in its 25-year history, primarily involving permits issued under the Clean Water and Clean Air acts. Less than 1% were reversed by court review.
“Under the new EPA rule we wouldn’t be able to appeal permits for the dangerous LNG port in Gibbstown. We could not challenge cleanup plans at a Superfund site where capping allows pollutants to continue escaping. We couldn’t appeal permits increasing air pollution for power plants and incinerators, or try to stop a highway project from plowing through wetlands and increasing water pollution,” said Tittel. “This rule, which could be released this week, will now be the 84th rule under Trump rolling back or weakening environmental protections, transparency and people’s’ rights. This one may be unconstitutional by creating separate classes and putting power in an oligarchy.”
The effect of the rule change would be to eliminate the community’s ability to appeal polluting projects without filing costly lawsuits. This would be particularly damaging to low-income and minority communities that already suffer a disproportionate amount of pollution. The changes would also weaken clean air protections for parks, wilderness, and other natural areas from degradation by nearby powerplants or other pollution source. EAB would be unable to overrule EPA legal positions, or review permits on its own initiative.
“The new rule means the EAB could only consider appeals of polluters and businesses. This would be particularly damaging to Environmental Justice, low-income and minority communities already overburdened by pollution. They wouldn’t be able to protect themselves without costly court battles. The new rule would undercut Clean Air and Clean Water protection for parks and wilderness areas. Businesses would also be able to freeze permit requirements by appealing permit denials for damaging projects such as coal-fired power plants and sewer plants. Trump wants to prevent people from having a voice in projects that could have serious health and environmental impacts,” said Jeff Tittel, director of the New Jersey Sierra Club. “Trump denies climate change, now he’s denying residents and communities the ability to appeal decisions by his administration.”
