Energy and Environment

Changing Conditions

Debate over the intersection of environmental concerns and civil rights protections is growing in the Congress as it is called upon to pass "environmental justice" legislation. The Administration's commitment to assigning a high priority to environmental concerns will be tested, Various reauthorization measures are priorities on the legislative agenda, as is continuing concern over national energy security. The newly-formed National Religious Partnership for the Environment will play a major advocacy role in these areas.

 

Background

The Jewish community's mandate to cherish, cultivate and protect the earth is informed by traditional Jewish sources and contemporary Jewish insights. Shaping the contours of environmental advocacy work by the organized Jewish community is the newly-formed Coalition on the Environment and Jewish Life (COEJL). A joint project of the NJCRAC, the Religious Action Center of Reform Judaism, and the Jewish Theological Seminary, COEJL is the Jewish arm of the National Religious Partnership for the Environment, a consortium that includes the United States Catholic Conference, the National Council of Churches, and the Evangelical Environmental Network. This interreligious coalition is working to educate communities and mobilize them for action on environmental concerns. Its efforts are being encouraged by Vice President Al Gore, who was present at the establishment of the Partnership.

Climate

President Clinton unveiled his "Climate Change Action Plan" on October 19, 1993 that includes a commitment to spending between $200 and $300 million annually between 1994-2000 on programs that will, in a cost effective way, reduce U.S. emissions of greenhouse gasses to 1990 levels. The President's interest in this area, and the involvement of the Office of Environmental Policy, may indicate a positive trend towards the U.S. taking a leadership position on a global environmental issue. A number of legislative initiatives flowing from this plan will have an impact on many sectors of the economy. Monitoring the progress of related legislation and public policy initiatives will be crucial as the President seeks to define his Administration's role in protecting the environment.

Forests

In April, 1993, President Clinton convened a forest conference in Oregon, attended by representatives of the timber industry and of community, environment, small business, fishing tribal and other interests. The goal was to develop a new environmentally and economically sound plan for the ancient forests of the Pacific Northwest. "Option 9," the plan preferred by those attending the Oregon conference, was adopted in a modified form by the Administration. It is a serious attempt by the Administration to develop ecosystem management for national forests. While supportive of the government's involvement, many environmental groups believe that this initiative does not go far enough. Environmental groups would have preferred specific language to prohibit logging in the Option 9 reserves, to enhance watershed protection, and protect large tracts of old growth forests that are crucial to the survival of threatened species. Also not satisfied is the timber industry, which claims that the initiative places burdensome constraints on timber harvesting.

Energy

A wide range of energy taxes were proposed by President Clinton, including a tax on fuel based on British Thermal Units (BTU). The BTU approach taxes all forms of energy based on heat content, thus favoring clean burning fuels over fossil fuels. The measure passed the House but was rejected by the Senate after massive objections by industry. One of the Administration's proposed energy taxes, a tax increase of 4.3 cents per gallon on gasoline, was passed by the Congress and signed into law by the President on October 1, 1993.

 

 

The U.S. continues to import an average of nearly 8.5 million barrels of oil a day, accounting for nearly 50 percent of the total used. Almost one-third of the oil imported to the U.S. comes from Arab OPEC sources. American reliance on foreign oil increases the vulnerability of the U.S. to price variations or shortages if the supply of petroleum is disrupted. The NJCRAC supports an oil import tax, increasing the Strategic Petroleum Reserve, and development of alternative energy sources.

The environmental impact of fossil fuel use is well documented. There is evidence that global warming, air quality deterioration, and acid rain are all in large measure a result of the use of coal, oil, and burning wood. The Jewish community relations field's involvement in issues pertaining to the environment is premised on the understanding that there is no inherent conflict between the attainment of energy independence and advocacy on behalf of environmental causes.

Environmental Justice

"Environmental justice" has entered the lexicon as a term describing the interface of advocacy on behalf of environmental, health, and economic issues and social justice. There has been a growing recognition that communities with lesser degrees of political power, typically with significant minority populations, suffer disproportionately from health hazards caused by environmental degradation. Studies conducted by the U.S. Environmental Protection Agency, the University of Michigan and the United Church of Christ show that minority and low-income communities are selected in highly disproportionate numbers as sites for hazardous waste landfills and incinerators.

In the first session of the 103rd Congress no fewer than three legislative vehicles advancing environmental justice were introduced. The Environmental Equal Rights Act of 1993 (H.R. 1924), introduced by Rep. Cardiss Collins (IL), would give citizens of a state the right to petition to prevent the siting and construction of polluting facilities that are proposed to be placed in "environmentally disadvantaged communities", defined as communities which already contain a similar facility, are located within two miles of the proposed facility and are comprised of a specified demographic mix of minority or low-income residents. Environmental justice advocates view this bill as an important legislative remedy preventing the creation of new environmental dangers in already impacted communities. The Environmental Justice Act (H.R. 2105/ S. 1161), introduced by Rep. John Lewis (GA) in the House and Senator Max Baucus (MT) in the Senate, would fund a study and then place a moratorium on future dumping in the 100 most polluted areas in the country. The Environmental Health Equity Information Act (H.R. 1925), introduced by Rep. Barbara-Rose Collins (MI), mandates data collection by the EPA on race, income, gender, ethnic origin and education level in communities adjacent to toxic sites. As of July 1, 1994, it was unclear what would emerge as the primary vehicle(s) for the environmental justice issue. As members of Congress develop environmental justice legislation, the Jewish community relations field will be called upon to help define the issues and evaluate and react to these initiatives.

Other initiatives, discussed below, that also advance environmental justice concerns include the reform of Superfund, the reauthorization of the Clean Water Act, and the elevation of the Environmental Protection Agency to Cabinet level.

The Lead Paint Hazard Abatement Trust Fund Act (H.R. 2479) and the Pollution Prevention and Incineration Alternatives Act of 1993 (H.R. 2488) make major strides toward remedying past and continuing environmental and human health hazards, and are considered environmental justice legislation. The NJCRAC supports passage of these measures.

The NJCRAC has supported legislation to elevate the Environmental Protection Agency to Cabinet status (See Joint Program Plan for 1993-94), Such a bill was rejected by the House in February 1994, sending the legislation back to committee.

Waste and Recycling

Reauthorization of a strengthened Resource Conservation and Recovery Act (RCRA), the central waste disposal and recycling law, failed passage in the 102nd Congress and was not reintroduced in the 103rd Congress. The NJCRAC strongly supports a reintroduction of RCRA in a strengthened form that addresses such problems as oil and gas production wastes, industrial and mining wastes, placement of incinerators and disposal of incinerator ash, recycling and market development for recyclable materials, and "Community Right to Know" provisions regarding the release of toxic chemicals.

The U.S. Department of Energy claims that the problem of nuclear waste found at governmental facilities falls outside of RCRA's authority. The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) is up for reauthorization and sets forth strict standards for the cleanup and appropriate disposal of defense nuclear waste (see Joint Program Plan for 1992-93). Included in this measure is the 113(h) provision, which was intended by the EPA to prevent challenges to Superfund clean-up efforts, Recently, however, 113(h) has been employed by the U.S. Department of Energy to bar citizen actions to enforce the Clean Water Act and hazardous waste laws, such as RCRA. The NJCRAC supports the Superfund effort and recommends that the 113(h) clause be evaluated for possible revision prior to reauthorization to prevent its use to shield the Energy Department and other federal agencies from compliance with and enforcement of such environmental laws.

Water

The NJCRAC supports reauthorization of the Clean Water Act originally passed in 1972 with the goal of making the waters of the nation safe for fishing and swimming by 1983. A decade later, the nation continues to face enormous water quality and quantity problems, in part as a result of inadequate penalization of dischargers of toxic substances who have found that it is more economically beneficial to pay lenient fines for clean water violations than to comply with the law by investing in proper pollution control equipment. Numerous bills to amend and strengthen the Act have been introduced.

S. 1114, introduced by Senators Baucus and John Chafee (RI), is the main vehicle in the Senate for the Reauthorization of the Clean Water Act. While the bill strengthens protection of wetlands and gives the EPA greater ability to enforce existing regulations, some are concerned that it does not provide sufficient funding for state operated pollution control programs, It is expected to come to the Senate floor during the second session of the 103rd Congress.

 

In the House, a bill to reauthorize the Clean Water Act, H.R. 3948, has been introduced by Representatives Norman Mineta (CA) and Sherwood Boehlert (NY). While this legislation sets a national goal for protecting ground water for the first time and increases funding for state-run projects through a revolving loan program, it weakens the EPA's ability to ban or "sunset" the discharge of toxic chemicals and fails to address the problems of polluted runoff. Critics argue that it does not set minimum penalties or protect citizens' rights to sue offenders, ignores protection of wetland areas, does not improve the inadequate national estuary program or sufficiently protect beaches and other swimming areas, and does nothing to reduce or eliminate the dangerous industrial use of chlorine. The NJCRAC supports passage of a strengthened Clean Water Act and urges that adequate funding for state and local enforcement be provided.

A bill introduced by James Oberstar (MN), H.R. 2543, would prevent polluted runoff into watersheds. Representative Frank Pallone (NJ) has introduced a Clean Water Enforcement and Compliance Improvement Amendments Act (H.R. 2727), which would improve enforcement standards and make polluters pay for violations. A bill sponsored by Don Edwards (CA), H.R. 350, would provide muchneeded protection for wetlands, H.R. 31, authored by William Hughes (NJ), would protect beaches and H.R. 1720, sponsored by Rosa DeLauro (CT) and Nita Lowey (NY), would improve marine water standards in estuaries. H.R. 25K authored by Peter DeFazio (OR), would add a federal facility provision to the Clean Water Act and expand its scope to cover radioactive waste. A bill introduced by Bill Richardson (NM), H.R. 2898, would eliminate chlorine in the making of pulp and paper,

Reauthorization of the Safe Drinking Water Act, which formally expired in 1991, is a key environmental priority in the 103rd Congress. This law protects the quality of drinking water supplied by the nation's 200,000 public water systems. Legislation (S. 767) introduced by Senator Don Nickles (OK) is intended make national drinking water systems more cost effective while still protecting health. A bill introduced by Reps. Jim Slattery (KS) and Thomas Bliley (VA H.R. 3392, seeks to reduce the regulatory burden on small suppliers and would provide funding for states in the form of grants, The ability of these two bills to protect health has been questioned by environmentalists and supporters of strict health standards, who assert that the legislation would sacrifice safety standards in the name of cost efficiency. Other legislation, S. 1547, introduced by Senator Baucus, is designed to maintain health standards while providing money to create a revolving loan fund to finance drinking water projects in the states. A similar bill has been introduced by Rep. Henry Waxman (CA), and approved by the House Energy Committee (HR 1701). While neither the Baucus nor Waxman bills do everything that public health advocates would like, they are a good starting point for stricter enforcement laws and would provide the additional funds necessary to assist state programs. Action on the reauthorization is expected in late 1994.

Endangered Species

The debate over balancing environmental concerns with individual rights and regional and national economic welfare was focused in the 103rd Congress in the Endangered Species Act (H.R. 2043/ S. 921). First passed in 1973, the act prohibits development or destruction of those areas determined by biological surveys to be critical to the survival of threatened species. As the Congress considers reauthorization and revision of the Act, a debate has emerged between advocates for the environment and private property rights advocates who oppose such regulations on the basis that individual rights supersede those of society and/ or government.

Claiming that the act causes severe economic loss, some members of Congress have proposed stricter rules for identifying and protecting endangered species. H.R. 1490, introduced by Reps. W.J. Tauzin (LA) and Jack Fields (TX), uses the approach of "procedural reform" to weaken the act. Bills introduced in the House (H.R. 2043) by Reps. Gerry Studds (MA), John Dingell (MI), and H. James Saxton (NJ), and in the Senate (S. 921) by Senators Baucus and Chafee, support the act's claim to protect the environment without sacrificing economic health. The NJCRAC will be called upon to take a position on the Endangered Species Act and, further, to develop a mechanism to evaluate the degree to which legislative initiatives balance the goals of protecting the environment, ensuring individual rights and promoting economic well being.

Intemational Concerns

The environmental community was split on the North American Free Trade Agreement, negotiated by the Clinton Administration and ratified by Congress in November 1993. Opponents of NAFTA claimed that the treaty did not do enough to ensure that increased industrial activity in Mexico would not result in escalating degradation of groundwater and soil by toxins. Proponents were satisfied that side agreements with the Salinas government would lead to better enforcement of existing Mexican laws. The Jewish community relations field will be called upon to monitor the implementation of NAFTA with respect to any adverse effects on the environment.

The Clinton Administration initiated steps towards committing greater U.S. compliance with the goals of the historic "Earth Summit" held in Rio de Janeiro in June, 1990. Reversing the decision of the Bush Administration, President Clinton signed the international bio-diversity treaty. Additionally, the U.S. Agency for International Development, the nation's primary vehicle for supporting development in less developed countries, has expressed a greater interest in supporting sustainable growth over uncontrolled economic development. "Sustainability," a new term coming out of the Rio conference, broadly means meeting the current growth needs of a community without compromising the ability of future generations to meet theirs.

As the organized Jewish community becomes increasingly engaged in environmental work, Israel's achievements in developing alternative energy sources and preservation of wilderness areas provide opportunities for information sharing and joint efforts with U.S. counterparts.

Despite these efforts, there has been less progress on key environmental initiatives than hoped for in the 103rd Congress thus far. Lobbyists for major environmental organizations have lowered their expectations that the Clinton Administration will be able to work with Congress to enact new, tougher environmental laws. With numerous other domestic issues demanding attention from the Administration, environmental advocacy groups now are focusing on resisting attempts to weaken existing environmental laws.

Priority Strategic Goals

The Jewish community relations field should

[NOTE: For additional strategic goals, see Joint Program Plan for 1993-94]