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EPA Rollbacks, Tribal Sacred Sites, and Religious Freedom Challenges

Bloomberg PodcastsSeptember 15, 202532 min223 views
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EPA's Greenhouse Gas Reporting Rollback

  • πŸ’‘ The EPA is ending the greenhouse gas reporting program, which has tracked emissions from approximately 8,000 large industrial polluters since 2010.
  • 🎯 This program has been crucial for identifying emission sources, tracking reductions, and informing policy decisions, providing valuable data for scientists and policymakers.
  • ⚠️ Critics argue that ending this program is not about reducing bureaucratic red tape but about attacking the scientific foundation of environmental policy, potentially leaving policymakers "flying blind."
  • πŸ“‰ The stated justification for the rollback is to save businesses up to $2.4 billion in regulatory costs over the next decade, though the accuracy of this figure is questioned.

Impact of Deregulation on Environmental Policy

  • πŸš€ The rollback of environmental regulations, including the greenhouse gas reporting program, makes it easier to eliminate rules that are scientifically justified.
  • πŸ“Š By undermining the availability of scientific data, the administration can more easily remove regulations that might otherwise be deemed necessary.
  • 🌍 This aligns with a broader pattern of actions, such as the proposed decommissioning of NASA satellites measuring greenhouse gases, aimed at obscuring climate change data.
  • ⏳ While new administrations can re-engage with climate change efforts, years of lost data and momentum can make addressing these problems more difficult and costly in the long term.

Tribal Lawsuits and Sacred Site Protection

  • πŸ“Œ Western Apaches are fighting to protect Oak Flat, a sacred site in Arizona, from destruction due to a land transfer mandated by Congress in 2014 to Resolution Copper for mining.
  • 🏞️ The mining operation will cause the site to subside and create a large crater, destroying the land essential for significant, long-standing religious practices, including a coming-of-age ceremony for Apache girls.
  • βš–οΈ Legal challenges are based on the First Amendment, the Religious Freedom Restoration Act (RFRA), treaty rights, and NEPA, arguing the land transfer substantially burdens religious practice.
  • πŸ“‰ The Ninth Circuit Court of Appeals has repeatedly ruled against tribal groups, applying a narrow definition of "substantial burden" and suggesting federal land management decisions cannot burden religious freedom rights.

Religious Freedom and Supreme Court Rulings

  • πŸ’” Justice Neil Gorsuch, in a dissent joined by Justice Clarence Thomas, called the Supreme Court's denial to hear the Oak Flat case a "grave mistake," emphasizing the need to protect tribal worship sites as much as historic cathedrals.
  • βš–οΈ The Supreme Court's recent decision in Mahmood favored parents seeking to exempt children from lessons conflicting with religious beliefs, highlighting the importance of protecting religious upbringing.
  • ❓ There is a perceived difference in how the Supreme Court treats tribal religions compared to other religious rights, raising concerns about the viability of free exercise rights for Native Americans.
  • ⏳ While the Supreme Court denied cert, a motion for reconsideration is pending, and a new case, Lopez v. United States, filed by Apache women, has secured an emergency injunction preventing the land transfer, with further Ninth Circuit proceedings underway.

Foreign Ownership and National Interest

  • πŸ‡¨πŸ‡³ Resolution Copper, the company slated to mine Oak Flat, is a foreign-owned entity (British and Australian), with its largest shareholder being a Chinese government-owned corporation.
  • ⚠️ This raises questions about whether compromising fundamental rights for mining projects truly serves U.S. national security or economic interests, especially when the primary beneficiaries are foreign entities.
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What’s Discussed

EPAGreenhouse Gas Reporting ProgramEnvironmental RegulationsDeregulationClimate Change DataTribal JusticeSacred SitesOak FlatWestern ApacheReligious FreedomFirst AmendmentRFRANinth CircuitSupreme CourtNeil Gorsuch
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