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Napa Valley has lush vineyards and wineries – and a pollution problem

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Sunday, June 9, 2024

Famous for its lush vineyards and cherished local wineries, Napa valley is where people go to escape their problems.“When you first get there, it’s really pretty,” said Geoff Ellsworth, former mayor of St Helena, a small Napa community nestled 50 miles north-east of San Francisco. “It mesmerizes people.”What the more than 3 million annual tourists don’t see, however, is that California’s wine country has a brewing problem – one that has spurred multiple ongoing government investigations and created deep divisions. Some residents and business owners fear it poses a risk to the region’s reputation and environment.At the heart of the fear is the decades-old Clover Flat Landfill (CFL), perched on the northern edge of the valley atop the edge of a rugged mountain range. Two streams run adjacent to the landfill as tributaries to the Napa River.A growing body of evidence, including regulatory inspection reports and emails between regulators and CFL owners, suggests the landfill and a related garbage-collection business have routinely polluted those local waterways that drain into the Napa River with an assortment of dangerous toxins.The river irrigates the valley’s beloved vineyards and is used recreationally for kayaking by more than 10,000 people annually. The prospect that the water and wine flowing from the region may be at risk of contamination with hazardous chemicals and heavy metals has driven a wedge between those speaking out about the concerns and others who want the issue kept out of the spotlight, according to Ellsworth, a former employee of CFL.“The Napa valley is amongst the most high-value agricultural land in the country,” he said. “If there’s a contamination issue, the economic ripples are significant.”Employee complaintsBoth the landfill and Upper Valley Disposal Services (UVDS) were owned for decades by the wealthy and politically well-connected Pestoni family, whose vineyards were first planted in the Napa valley area in 1892. The Pestoni Family Estate Winery still sells bottles and an assortment of wines, including an etched cabernet sauvignon magnum for $400 a bottle.The family sold the landfill and disposal-services unit last year amid a barrage of complaints, handing the business off to Waste Connections, a large, national waste-management company headquartered in Texas.Before the sale, Christina Pestoni, who has also used the last name Abreu Pestoni, who served as chief operating officer for UVDS and CFL, said in a statement that the company’s operations met “the highest environmental standards” and were in full legal and regulatory compliance. Pestoni is currently director of government affairs at Waste Connections.In her statement, she accused Ellsworth and “a few individuals” of spreading “false information” about CFL and UVDS.Upper Valley Disposal Services, in an undated photo. Photograph: Courtesy Anne WheatonThe Clover Flat Landfill after a storm, in an undated photo. Photograph: Courtesy Anne WheatonBut workers at the facilities have said the concerns are valid. In December of last year, a group of 23 former and then-current employees of CFL and UVDS filed a formal complaint to federal and state agencies, including the US Department of Justice, alleging “clearly negligent practices in management of these toxic and hazardous materials at UVDS/CFL over decades”.The employees cited “inadequate and compromised infrastructure and equipment” that they said was “affecting employees as well as the surrounding environment and community”.Among the concerns was the handling of “leachate”, a liquid formed when water filters through waste as it breaks down, leaching out chemicals and heavy metals such as nitrates, chromium, arsenic, iron and zinc.In the complaint, the employees also cited the use of so-called “ghost piping”, describing unmapped and unquantified underground pipes they said were used to divert leachate and “compromised” storm water into public waterways, instead of holding it for “proper treatment”.Several fires have broken out at the landfill over the last decade and concerns have also been raised about the facility’s handling of radioactive materials.Even the “organic compost” the UVDS facility generates and provides to area farmers and gardeners is probably tainted, according to the employee complaint, which cites “large-scale contamination” of the compost.“These industrial sites are affecting the environment and residents of Napa Valley,” former UVDS employee Jose Garibay Jr wrote in a 2023 email to Napa county officials. “Also, the biggest revenue for the wine country could be tremendously affected; the wine industry, tasting rooms, wineries, hotels, resorts, restaurants, and local businesses.”Pestoni did not respond to a request for comment. Other representatives for CFL, UVDS and Waste Management also did not respond to requests for comment.“Both UVDS and [CFL] have no business being in the grape-growing areas or at the top of the watershed of Napa county,” said Frank Leeds, a former president of Napa Valley Grapegrowers who runs an organic vineyard across from the UVDS composting operation. “There are homes and vineyards all around that are affected by them.”Leeds co-owns a vineyard near UVDS with his daughter, Lauren Pesch; Pesch said she had deep concerns about water contamination from CFL and has seen pipes from the UVDS property carrying liquid into the creek next to her vineyard.A pipeline leading from Clover Flat Landfill into a creek, in an undated photo. Photograph: California department of fish and wildlifeBut the wine industry itself more broadly has not expressed public concern, and when asked for comment about the issues, there were no replies from Napa Valley Grapegrowers, Napa Valley Vintners or California Certified Organic Farmers.Michelle Benvenuto, executive director of Winegrowers of Napa County, said she was “not knowledgable enough on the details of this issue” to comment.Anna Brittain, executive director of the non-profit Napa Green, a sustainable wine-growing program that lists UVDS as a sponsor, also said she was not aware of concerns about contamination held by any members.More than a dozen Napa valley vineyards or wineries did not respond to requests for comment or declined to comment.Toxic PFAS foundClover Flat Landfill opened in 1963, and together with UVDS provides a range of valuable services to the community, according to the facility websites, including collecting and capturing methane gas to convert to electricity. It provides enough energy to power the equivalent of 800 homes and operates with “net zero” emissions, according to the website.As previously revealed by the Guardian, the US Environmental Protection Agency (EPA) has listed CFL as one of thousands of sites around the country suspected of handling harmful per- and polyfluoroalkyl substances (PFAS).After a request from regulators for an analysis of leachate and groundwater samples at the landfill, Pestoni reported to the California regional water quality control board in 2020 that a third-party analysis had found PFAS in all the samples collected.PFAS are human-made chemicals that don’t break down and have been linked to cancers and a range of other illnesses and health hazards. Levels of PFOS and PFOA – types of PFAS considered particularly dangerous – were detected in the landfill’s leachate at many times higher than the drinking-water standard recently set by the EPA.In early 2023, the San Francisco Bay regional water quality control board sampled a creek downstream from CFL for eight PFAS, identifying multiple PFAS compounds in each sample, according to an email from water board inspector Alyx Karpowicz to Waste Connections.“There are detections in the creek of the same compounds detected at the Clover Flat landfill,” Karpowicz informed the company.When asked about the results, a spokesperson for the water board said the PFAS concentrations in the creek samples were low enough that “chronically exposed biota are not expected to be adversely affected and ecological impacts are unlikely”.The site has racked up a number of regulatory violations and left at least one state investigator worried about “long-term stream pollution”.In a 2019 report, a California department of fish and wildlife officer determined that the landfill had “severely polluted” both streams that flow through the landfill property with “large amounts of earth waste spoils, leachate, litter, and sediment”. There was “essentially no aquatic life present”, the investigator noted.Heavy metals also are present in “alarmingly high detection” levels at the landfill, said Chris Malan, executive director of the Institute for Conservation Advocacy, Research and Education, a watershed conservation non-profit in Napa county.Last year, CFL settled a case brought against it by the California Sportfishing Protection Alliance, which said its discharges were harming aquatic life and endangering people who use the Napa River for recreation. CFL agreed to implement new erosion-control measures, and to take action if testing showed contaminants above certain levels, among other measures.Also in 2023, the state fined it roughly $620,000 for discharging “leachate-laden” and “acidic” water into one of the streams, among other violations.Last fall, a group of water board officials visited the landfill to hunt down the “ghost piping” alleged in the worker complaint. They reported in an October 2023 email that they discovered an array of pipes, and a culvert, that require further scrutiny, the email said.There remains an “ongoing investigation” into environmental concerns tied to CFL and UVDS, according to Eileen White, executive director of the San Francisco Bay regional water quality control board.Separate from the environmental investigation by state and local officials, the US justice department has issued subpoenas for information from UVDS as well as from more than 20 other companies and individuals in the region. That investigation appears to focus on local political connections and contracts, not environmental concerns.Little public pushbackEllsworth, the former mayor, is among a small group of community members who have tried taking their own actions against UVDS and CFL.In February of 2021, dozens of residents voiced complaints about odors, noise and light pollution from UVDS at a virtual meeting. Some initiated litigation, but were unable to fund an ongoing legal battle and dropped the effort.Ellsworth maintains that Napa valley’s wine industry prefers any contamination concerns be kept quiet.“We tried to talk to the Napa valley wine industry trade organizations. They completely stonewalled us,” he said. “Everybody’s afraid to speak up or is too apathetic or doesn’t want to see it.”This story is co-published with the New Lede, a journalism project of the Environmental Working Group

Reports and emails show a landfill at the top of a hill is leaching dangerous toxins into the Napa River Famous for its lush vineyards and cherished local wineries, Napa valley is where people go to escape their problems.“When you first get there, it’s really pretty,” said Geoff Ellsworth, former mayor of St Helena, a small Napa community nestled 50 miles north-east of San Francisco. “It mesmerizes people.” Continue reading...

Famous for its lush vineyards and cherished local wineries, Napa valley is where people go to escape their problems.

“When you first get there, it’s really pretty,” said Geoff Ellsworth, former mayor of St Helena, a small Napa community nestled 50 miles north-east of San Francisco. “It mesmerizes people.”

What the more than 3 million annual tourists don’t see, however, is that California’s wine country has a brewing problem – one that has spurred multiple ongoing government investigations and created deep divisions. Some residents and business owners fear it poses a risk to the region’s reputation and environment.

At the heart of the fear is the decades-old Clover Flat Landfill (CFL), perched on the northern edge of the valley atop the edge of a rugged mountain range. Two streams run adjacent to the landfill as tributaries to the Napa River.

A growing body of evidence, including regulatory inspection reports and emails between regulators and CFL owners, suggests the landfill and a related garbage-collection business have routinely polluted those local waterways that drain into the Napa River with an assortment of dangerous toxins.

The river irrigates the valley’s beloved vineyards and is used recreationally for kayaking by more than 10,000 people annually. The prospect that the water and wine flowing from the region may be at risk of contamination with hazardous chemicals and heavy metals has driven a wedge between those speaking out about the concerns and others who want the issue kept out of the spotlight, according to Ellsworth, a former employee of CFL.

“The Napa valley is amongst the most high-value agricultural land in the country,” he said. “If there’s a contamination issue, the economic ripples are significant.”

Employee complaints

Both the landfill and Upper Valley Disposal Services (UVDS) were owned for decades by the wealthy and politically well-connected Pestoni family, whose vineyards were first planted in the Napa valley area in 1892. The Pestoni Family Estate Winery still sells bottles and an assortment of wines, including an etched cabernet sauvignon magnum for $400 a bottle.

The family sold the landfill and disposal-services unit last year amid a barrage of complaints, handing the business off to Waste Connections, a large, national waste-management company headquartered in Texas.

Before the sale, Christina Pestoni, who has also used the last name Abreu Pestoni, who served as chief operating officer for UVDS and CFL, said in a statement that the company’s operations met “the highest environmental standards” and were in full legal and regulatory compliance. Pestoni is currently director of government affairs at Waste Connections.

In her statement, she accused Ellsworth and “a few individuals” of spreading “false information” about CFL and UVDS.

Upper Valley Disposal Services, in an undated photo. Photograph: Courtesy Anne Wheaton
The Clover Flat Landfill after a storm, in an undated photo. Photograph: Courtesy Anne Wheaton

But workers at the facilities have said the concerns are valid. In December of last year, a group of 23 former and then-current employees of CFL and UVDS filed a formal complaint to federal and state agencies, including the US Department of Justice, alleging “clearly negligent practices in management of these toxic and hazardous materials at UVDS/CFL over decades”.

The employees cited “inadequate and compromised infrastructure and equipment” that they said was “affecting employees as well as the surrounding environment and community”.

Among the concerns was the handling of “leachate”, a liquid formed when water filters through waste as it breaks down, leaching out chemicals and heavy metals such as nitrates, chromium, arsenic, iron and zinc.

In the complaint, the employees also cited the use of so-called “ghost piping”, describing unmapped and unquantified underground pipes they said were used to divert leachate and “compromised” storm water into public waterways, instead of holding it for “proper treatment”.

Several fires have broken out at the landfill over the last decade and concerns have also been raised about the facility’s handling of radioactive materials.

Even the “organic compost” the UVDS facility generates and provides to area farmers and gardeners is probably tainted, according to the employee complaint, which cites “large-scale contamination” of the compost.

“These industrial sites are affecting the environment and residents of Napa Valley,” former UVDS employee Jose Garibay Jr wrote in a 2023 email to Napa county officials. “Also, the biggest revenue for the wine country could be tremendously affected; the wine industry, tasting rooms, wineries, hotels, resorts, restaurants, and local businesses.”

Pestoni did not respond to a request for comment. Other representatives for CFL, UVDS and Waste Management also did not respond to requests for comment.

“Both UVDS and [CFL] have no business being in the grape-growing areas or at the top of the watershed of Napa county,” said Frank Leeds, a former president of Napa Valley Grapegrowers who runs an organic vineyard across from the UVDS composting operation. “There are homes and vineyards all around that are affected by them.”

Leeds co-owns a vineyard near UVDS with his daughter, Lauren Pesch; Pesch said she had deep concerns about water contamination from CFL and has seen pipes from the UVDS property carrying liquid into the creek next to her vineyard.

A pipeline leading from Clover Flat Landfill into a creek, in an undated photo. Photograph: California department of fish and wildlife

But the wine industry itself more broadly has not expressed public concern, and when asked for comment about the issues, there were no replies from Napa Valley Grapegrowers, Napa Valley Vintners or California Certified Organic Farmers.

Michelle Benvenuto, executive director of Winegrowers of Napa County, said she was “not knowledgable enough on the details of this issue” to comment.

Anna Brittain, executive director of the non-profit Napa Green, a sustainable wine-growing program that lists UVDS as a sponsor, also said she was not aware of concerns about contamination held by any members.

More than a dozen Napa valley vineyards or wineries did not respond to requests for comment or declined to comment.

Toxic PFAS found

Clover Flat Landfill opened in 1963, and together with UVDS provides a range of valuable services to the community, according to the facility websites, including collecting and capturing methane gas to convert to electricity. It provides enough energy to power the equivalent of 800 homes and operates with “net zero” emissions, according to the website.

As previously revealed by the Guardian, the US Environmental Protection Agency (EPA) has listed CFL as one of thousands of sites around the country suspected of handling harmful per- and polyfluoroalkyl substances (PFAS).

After a request from regulators for an analysis of leachate and groundwater samples at the landfill, Pestoni reported to the California regional water quality control board in 2020 that a third-party analysis had found PFAS in all the samples collected.

PFAS are human-made chemicals that don’t break down and have been linked to cancers and a range of other illnesses and health hazards. Levels of PFOS and PFOA – types of PFAS considered particularly dangerous – were detected in the landfill’s leachate at many times higher than the drinking-water standard recently set by the EPA.

In early 2023, the San Francisco Bay regional water quality control board sampled a creek downstream from CFL for eight PFAS, identifying multiple PFAS compounds in each sample, according to an email from water board inspector Alyx Karpowicz to Waste Connections.

“There are detections in the creek of the same compounds detected at the Clover Flat landfill,” Karpowicz informed the company.

When asked about the results, a spokesperson for the water board said the PFAS concentrations in the creek samples were low enough that “chronically exposed biota are not expected to be adversely affected and ecological impacts are unlikely”.

The site has racked up a number of regulatory violations and left at least one state investigator worried about “long-term stream pollution”.

In a 2019 report, a California department of fish and wildlife officer determined that the landfill had “severely polluted” both streams that flow through the landfill property with “large amounts of earth waste spoils, leachate, litter, and sediment”. There was “essentially no aquatic life present”, the investigator noted.

Heavy metals also are present in “alarmingly high detection” levels at the landfill, said Chris Malan, executive director of the Institute for Conservation Advocacy, Research and Education, a watershed conservation non-profit in Napa county.

Last year, CFL settled a case brought against it by the California Sportfishing Protection Alliance, which said its discharges were harming aquatic life and endangering people who use the Napa River for recreation. CFL agreed to implement new erosion-control measures, and to take action if testing showed contaminants above certain levels, among other measures.

Also in 2023, the state fined it roughly $620,000 for discharging “leachate-laden” and “acidic” water into one of the streams, among other violations.

Last fall, a group of water board officials visited the landfill to hunt down the “ghost piping” alleged in the worker complaint. They reported in an October 2023 email that they discovered an array of pipes, and a culvert, that require further scrutiny, the email said.

There remains an “ongoing investigation” into environmental concerns tied to CFL and UVDS, according to Eileen White, executive director of the San Francisco Bay regional water quality control board.

Separate from the environmental investigation by state and local officials, the US justice department has issued subpoenas for information from UVDS as well as from more than 20 other companies and individuals in the region. That investigation appears to focus on local political connections and contracts, not environmental concerns.

Little public pushback

Ellsworth, the former mayor, is among a small group of community members who have tried taking their own actions against UVDS and CFL.

In February of 2021, dozens of residents voiced complaints about odors, noise and light pollution from UVDS at a virtual meeting. Some initiated litigation, but were unable to fund an ongoing legal battle and dropped the effort.

Ellsworth maintains that Napa valley’s wine industry prefers any contamination concerns be kept quiet.

“We tried to talk to the Napa valley wine industry trade organizations. They completely stonewalled us,” he said. “Everybody’s afraid to speak up or is too apathetic or doesn’t want to see it.”

This story is co-published with the New Lede, a journalism project of the Environmental Working Group

Read the full story here.
Photos courtesy of

Environmental Agency Denies Petition to Designate Big Hole River as Impaired by Nutrient Pollution

Montana’s environmental regulator has denied a petition to designate the Big Hole River as impaired by nitrogen and phosphorus

Montana’s environmental regulator has denied a petition to designate the Big Hole River as impaired by nitrogen and phosphorus, throwing a wrench in environmentalists’ efforts to put the blue-ribbon fishery on a “pollution diet.”Upper Missouri Waterkeeper and the Big Hole River Foundation contend that excess nutrients are creating regular summertime algal blooms that can stretch for more than a mile, robbing fish and the macroinvertebrate bugs they eat of the oxygen they need to thrive. The groups argue in the petition they sent to the Montana Department of Environmental Quality last month that an impairment designation would direct the agency to identify and work to reduce the river’s pollution sources in an effort to rebalance the river’s aquatic ecosystem.On April 14, about a month after receiving the 32-page petition, DEQ wrote that it “cannot grant” the group’s petition. The agency’s letter doesn’t quibble with the groups’ findings, which were detailed in a five-year data collection effort. Instead, the agency suggested that legislation passed in 2021 has tied its hands. “As a result of Senate Bill 358, passed during the 2021 Legislative Session … DEQ is unable to base nutrient assessment upon the numeric nutrient criteria,” the letter, signed by DEQ Director Sonja Nowakowski, reads. In an April 23 conversation with Montana Free Press, Upper Missouri Waterkeeper Executive Director Guy Alsentzer criticized the agency’s decision, arguing that it did not use the best available science and applied “illogical and disingenuous” reasoning in its denial. “EPA already took action and struck down Senate Bill 358 from the 2021 session,” Alsentzer said, referencing federal regulators’ oversight of state laws and rules governing water quality. “Numeric criteria are applicable.”A spokesperson for the EPA confirmed Alsentzer’s assertion, writing in an April 24 email to MTFP that numeric nutrient standards for nitrogen and phosphorus the agency approved a decade ago “remain in effect for Clean Water Act purposes” and will remain so “unless or until the EPA approves the removal of the currently applicable numeric nutrient criteria and approves revised water quality standards.”A DEQ spokesperson did not directly answer MTFP’s questions about what water quality standards DEQ is using to assess Montana waterways and determine whether permittees are complying with state and federal regulations.The agency wrote in an email that no permitted pollution sources under its regulatory oversight are discharging into the Big Hole, suggesting that its enforcement role is limited. The agency also wrote that an impairment designation is not required to implement water quality improvement projects such as creating riparian buffers, improving forest roads, or creating shaded areas. “Watershed partners may begin actively working on nonpoint source pollution reduction projects at any time,” DEQ spokesperson Madison McGeffers wrote to MTFP. “There is nothing standing in the way of starting work on these types of projects to improve water quality. In fact, the Big Hole River Watershed Committee is actively implementing its Watershed Restoration Plan with funds and support from DEQ Nonpoint Source & Wetland Section’s 319 program.”Alsentzer countered that a science-based cleanup plan and greater accountability will benefit the Big Hole regardless of whether nutrients are flowing into the river from a pipe or entering via more diffuse and harder-to-regulate channels.“You can’t get to that if you don’t recognize that you’ve got a problem we need to solve,” he said, adding that an impairment designation “unlocks pass-through funding to the tune of millions of dollars.”Addressing manmade threats to the Big Hole should be a priority for DEQ, given local communities’ economic reliance on a healthy river, he added.“It’s just a real tragic state of affairs when you have a blue-ribbon trout fishery in a very rural county that’s essentially having its livelihood flushed down the drain because we can’t get our agencies to actually implement baseline river protections (and) use science-based standards,” Alsentzer said. “When people try to do the work for the agency and help them, they’re getting told to go pound sand. I think that’s wrong.”Two years ago, Montana Fish, Wildlife and Parks biologists recorded historically low numbers of brown trout along some stretches of the Big Hole. Anglers and conservationists floated a number of possible contributing factors, ranging from pathogens and drought conditions to angling pressure and unmitigated pollution. Save Wild Trout, a nonprofit formed in 2023 to understand which factors merit further investigation, described the 2023 southwestern Montana fishery “collapse” as a “canary in the coal mine moment.”In response to the 2023 population slump, Gov. Greg Gianforte announced the launch of a multiyear research effort on Jefferson Basin rivers that FWP is coordinating with Montana State University. Narrative Standards For ‘Undesirable Aquatic Life’ DEQ’s letter to Upper Missouri Waterkeeper and the Big Hole River Foundation leaves open the possibility of a future impairment designation based on narrative water quality standards. After mentioning the 2021 legislation, Nowakowski wrote that the agency reviewed the submitted data “along with other readily available data, in consideration of the state’s established narrative criteria.”The letter goes on to outline the additional material petitioners would need to submit for the agency to evaluate an impairment designation using narrative criteria, which establish that surface waters must be “free from substances” that “create conditions which produce undesirable aquatic life.”In an April 22 letter, Upper Missouri Waterkeeper and the Big Hole River Foundation addressed the petition denial in two parts. First, the groups argued that numeric nutrient standards apply. Second, they resubmitted material — photos, emails, a macroinvertebrate report, and “Aquatic Plant Visual Assessment Forms” — to support an impairment designation under the looser narrative standards. “We encourage DEQ to do the right thing, use all available science to determine the Big Hole River impaired for nutrients, and commit to working with petitioners and other (stakeholders) in addressing the pollution sources undermining this world-class waterway and harming the diverse uses it supports,” the letter says. Alsentzer noted that he has set up a meeting with the EPA to discuss DEQ’s treatment of the petition and its description of applicable water quality standards.The dispute over numeric nutrient standards comes shortly after the Legislature passed another bill seeking to repeal them. Any day now, Gianforte is expected to sign House Bill 664, which bears a striking similarity to 2021’s Senate Bill 358. HB 664 has garnered support from Nowakowski, who described it as a “time travel” bill that will return the state to “individual, site-by-site” regulations in lieu of more broadly applicable numeric standards. This story was originally published by Montana Free Press and distributed through a partnership with The Associated Press.Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Feb. 2025

Supreme Court justices consider reviving industry bid to ax California clean car rule

The Supreme Court on Wednesday heard oral arguments in a case that could revive a bid by fuel producers to ax California’s clean car standards. The court was not considering the legality of the standards themselves, which ​​require car companies to sell new vehicles in the state that produce less pollution — including by mandating...

The Supreme Court on Wednesday heard oral arguments in a case that could revive a bid by fuel producers to ax California’s clean car standards. The court was not considering the legality of the standards themselves, which ​​require car companies to sell new vehicles in the state that produce less pollution — including by mandating a significant share of cars sold to be electric or hybrid.  Instead, the Supreme Court was considering whether the fuel industry had the authority to bring the lawsuit at all. A lower court determined that the producers, which include numerous biofuel companies and trade groups representing both them and the makers of gasoline, did not have standing to bring the case. Some of the justices were quiet, so it’s difficult to predict what the ultimate outcome of the case will be. However, others appeared critical of the federal government and California’s arguments that the fuel producers do not have the right to bring a suit. Justice Brett Kavanaugh in particular noted that the Environmental Protection Agency (EPA) itself did not initially try to have the case tossed on that basis.  “Isn't that a tell here? I mean, EPA, as you, of course, know, routinely raises standing objections when there's even — even a hint of a question about it,” Kavanaugh said.  The fuel producers argued that while it was technically the auto industry that was being regulated, the market was being “tilted” against them as well by California’s rule, which was also adopted by other states. The EPA and California have argued that the fuel producers are arguing on the basis of outdated facts and a market that has shifted since the rule was first approved by the EPA in 2013.  The EPA needs to grant approval to California to issue such rules. The approval was revoked by the Trump administration and later reinstated in the Biden administration.  If the justices revive the currently dismissed case, lower courts would then have to decide whether to uphold the California rule — though the underlying case could eventually make its way to the high court as well.  Meanwhile, California has since passed subsequent standards that go even further — banning the sale of gas-powered cars in the state by 2035. That rule was approved by the Biden administration — though Congress may try to repeal it.

EPA fires or reassigns hundreds of staffers

The Environmental Protection Agency plans to fire or reassign more than 450 staffers working on environmental justice issues, it said Tuesday.Why it matters: The large-scale changes could effectively end much of the EPA's work tackling pollution in historically disadvantaged communities.It's part of the Trump administration's effort to vastly shrink the federal workforce. EPA has around 15,000 employees.Driving the news: EPA notified roughly 280 employees that they will be fired in a "reduction in force." Another 175 who perform "statutory functions" will be reassigned.The employees come from the Office of Environmental Justice and External Civil Rights, the Office of Inclusive Excellence, and EPA regional offices."EPA is taking the next step to terminate the Biden-Harris Administration's Diversity, Equity, and Inclusion and Environmental Justice arms of the agency," a spokesperson said.Between the lines: The firings will likely see challenges from congressional Democrats and the employees themselves.EPA had previously put many environmental justice staffers on administrative leave.Administrator Lee Zeldin, during a Monday news conference, defended the agency's broader efforts to cut environmental justice grant programs, arguing the money is ill-spent."The problem is that, in the name of environmental justice, a dollar will get secured and not get spent on remediating that environmental issue," he said.

The Environmental Protection Agency plans to fire or reassign more than 450 staffers working on environmental justice issues, it said Tuesday.Why it matters: The large-scale changes could effectively end much of the EPA's work tackling pollution in historically disadvantaged communities.It's part of the Trump administration's effort to vastly shrink the federal workforce. EPA has around 15,000 employees.Driving the news: EPA notified roughly 280 employees that they will be fired in a "reduction in force." Another 175 who perform "statutory functions" will be reassigned.The employees come from the Office of Environmental Justice and External Civil Rights, the Office of Inclusive Excellence, and EPA regional offices."EPA is taking the next step to terminate the Biden-Harris Administration's Diversity, Equity, and Inclusion and Environmental Justice arms of the agency," a spokesperson said.Between the lines: The firings will likely see challenges from congressional Democrats and the employees themselves.EPA had previously put many environmental justice staffers on administrative leave.Administrator Lee Zeldin, during a Monday news conference, defended the agency's broader efforts to cut environmental justice grant programs, arguing the money is ill-spent."The problem is that, in the name of environmental justice, a dollar will get secured and not get spent on remediating that environmental issue," he said.

EPA firing 280 staffers who fought pollution in overburdened neighborhoods

The Environmental Protection Agency (EPA) will fire 280 staffers who worked on tackling pollution in overburdened and underserved communities and will reassign another 175. These staffers worked in an area known as “environmental justice,” which helps communities that face a disproportionate amount of pollution exposure, especially minority or low-income communities.  The EPA has framed its...

The Environmental Protection Agency (EPA) will fire 280 staffers who worked on tackling pollution in overburdened and underserved communities and will reassign another 175. These staffers worked in an area known as “environmental justice,” which helps communities that face a disproportionate amount of pollution exposure, especially minority or low-income communities.  The EPA has framed its efforts to cut these programs — including its previous closure of environmental justice offices — as part of a push to end diversity programming in the government. Supporters of the agency's environmental justice work have pointed out that Black communities face particularly high pollution levels and that the programs also help white Americans, especially if they are poor.  “EPA is taking the next step to terminate the Biden-Harris Administration’s Diversity, Equity, and Inclusion and Environmental Justice arms of the agency,” an EPA spokesperson said in a written statement.   “Today, EPA notified diversity, equity, and inclusion and environmental justice employees that EPA will be conducting a Reduction in Force,” the spokesperson said. “The agency also notified certain statutory and mission essential employees that they are being reassigned to other offices through the ‘transfer of function’ procedure also outlined in [the Office of Personnel Management’s] Handbook and federal regulations” The firings will be effective July 31, according to E&E News, which first reported that they were occurring. The news comes as the Trump administration has broadly sought to cut the federal workforce. The administration has previously indicated that it planned to cut 65 percent of the EPA’s overall budget. It’s not clear how much of this will be staff, though according to a plan reviewed by Democrat House staff, the EPA is considering the termination of as many as about 1,100 employees from its scientific research arm.  Meanwhile, as part of their reductions in force, other agencies including the Department of Health and Human Services and the Department of Veterans Affairs have fired tens of thousands of staffers. The EPA is smaller than these agencies, with a total of more than 15,000 employees as of January.  Nearly 170 environmental justice staffers were previously placed on paid leave while the agency was “in the process of evaluating new structure and organization.”

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