How Environmental Law Created A Billion-Dollar Fund

which environmental law created a giant fund

The Superfund law, enacted in response to hazardous waste sites, initially paid for site cleanups through an excise tax on petroleum and chemical manufacturers. However, since 1996, taxpayers have been footing the bill. In 2022, the collection of excise taxes from chemical manufacturers resumed. The Inflation Reduction Act, signed by President Biden in 2022, created the largest investment in environmental and climate justice in US history, allocating $600 million to 11 Grantmakers under the EPA's Environmental Justice Thriving Communities Grantmaking program. This initiative aims to empower local community-based organizations working towards environmental justice and address the country's most pressing environmental concerns.

Characteristics Values
Name of the law Inflation Reduction Act
Date of signing August 2022
Signatory President Biden
Amount $600 million
Number of Grantmakers 11
Grantmakers include Philanthropy Northwest, Climate Justice Alliance
Grant amount for Philanthropy Northwest $50 million
Purpose Funding thousands of environmental justice projects across the nation
Aims to Empower and amplify local community-based organizations
Focus areas Clean air, clean water, healthy and safe communities
Type of projects Small local cleanups, local emergency preparedness, environmental workforce development programs, etc.
Previous funding Superfund, excise tax on petroleum and chemical manufacturers
Superfund status Exhausted by the end of FY 2003

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The Inflation Reduction Act, 2022, US

The Inflation Reduction Act (IRA) of 2022 is a United States federal law that was passed by the 117th United States Congress and signed into law by President Joe Biden on August 16, 2022. The IRA aims to reduce the federal government budget deficit, lower prescription drug prices, and invest in domestic energy production while promoting clean energy. The Act also changed a wide range of tax laws and provided funds to improve services and technology to make tax filing easier.

One of the most significant aspects of the IRA is the increased negotiating power granted to Medicare. Before the Act, Medicare was restricted in its ability to negotiate drug prices directly with pharmaceutical companies, often resulting in higher costs. With the new rule, Medicare can now engage directly with drug manufacturers to secure more favourable pricing agreements, potentially significantly altering the landscape of drug pricing. The Congressional Budget Office projects that these negotiations will save the government $98.5 billion over the next decade, with the savings being used to increase Medicare Part D benefits.

The IRA also includes provisions for climate spending and tax reform. The Congressional Budget Office and others estimated that the Act would have no significant effect on inflation in 2022 and 2023. However, the nonpartisan Committee for a Responsible Federal Budget and the World Economic Forum analysed the Act and concluded that it would likely reduce inflationary pressures and the risk of a possible recession. The Act is also expected to reduce the federal deficit by $1.9 trillion over 20 years and make the US less exposed to fossilflation, or inflation caused by reliance on volatile fossil fuel markets.

The Inflation Reduction Act of 2022 amends the Clean Air Act, establishing various programs and funds to reduce greenhouse gas emissions and promote clean energy. This includes the Greenhouse Gas Reduction Fund, which provides $7 billion in grants, loans, and other financial assistance to enable low-income and disadvantaged communities to benefit from zero-emission technologies. Additionally, the Low Emissions Electricity Program allocates $17 million for consumer education, partnerships, and outreach related to reducing greenhouse gas emissions from domestic electricity generation and use. The Methane Emissions and Waste Reduction Incentive Program for Petroleum and Natural Gas Systems provides $850 million for grants, rebates, and other activities to assist owners and operators of applicable facilities in reporting greenhouse gas emissions.

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Superfund law, US

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by the US Congress on December 11, 1980. The law was passed in response to the threat of hazardous waste sites, such as the Love Canal disaster in New York and the Valley of the Drums in Kentucky. It also aimed to address the high levels of contamination found in Indian Creek, Triana, Alabama, and lead contamination in West Dallas, Texas.

The Superfund law created a tax on the chemical and petroleum industries, with the funds directed towards a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. Over five years, $1.6 billion was collected to address the release or threatened release of hazardous substances that endanger public health and the environment. The law also established prohibitions and requirements concerning closed and abandoned hazardous waste sites and provided for the liability of persons responsible for releasing hazardous waste at these sites.

The Superfund Amendments and Reauthorization Act (SARA) of 1986 amended CERCLA, adding minimum cleanup requirements and mandating that most cleanup agreements with polluters be entered into federal court as a consent decree subject to public comment. This addressed the sweetheart deals between industry and the Reagan-era EPA discovered by Congress. From 2000 to 2015, Congress allocated approximately $1.26 billion in general revenue to the Superfund program annually.

The primary goal of a Superfund cleanup is to reduce risks to human health through a combination of cleanup and engineered controls, such as caps and site restrictions on groundwater use. A secondary goal is to restore the site for productive use, such as business, recreation, or as a natural ecosystem. The EPA identifies parties responsible for releasing hazardous substances and either compels them to clean up or undertakes the cleanup itself, seeking to recover costs from responsible parties. About 70% of Superfund cleanup activities have been paid for by potentially responsible parties (PRPs), with the remaining 30% funded by taxpayers when PRPs cannot be found or are unable to pay.

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Environmental Protection Fund (EPF), New York

In 1993, the New York State Legislature created the Environmental Protection Fund (EPF) to ensure funding for capital projects that protect the environment and enhance New York State (NYS) communities. The EPF is a pay-as-you-go fund, allowing the state to be fiscally responsible when making long-term investments in the environment and communities.

The EPF is financed primarily through a dedicated portion of real estate transfer taxes, with additional funding from revenue generated by unreturned deposits on bottles and cans, the issuance of conservation vehicle license plates, and annual transfers from the state's general fund. The fund has gradually grown from its original appropriation of $31 million in the fiscal year 1994-1995, providing over $2.7 billion for a variety of environmental projects.

The EPF supports the stewardship of public lands, including state parks, and millions of acres of public lands throughout the state. Through partnerships with volunteer organizations and state agencies, the fund is used to manage trails and lands, protect natural resources, preserve wildlife habitats, make critical capital improvements at parks and campgrounds, educate students about conservation, and provide access to persons with disabilities.

The EPF has also been used to purchase land, such as the Boreas Ponds Tract, which was part of the largest state Adirondack land purchase in over 100 years. Additionally, the fund has supported projects that improve water quality, protect air quality, conserve open space, save family farms, bolster recycling programs, and support zoos, aquariums, and botanical gardens.

The EPF has generated billions of dollars for the economy, while supporting hundreds of thousands of jobs. For every $1 of EPF funds invested in land conservation, $7 in goods and services is returned to NYS.

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Environmental Justice Thriving Communities Grantmaking Program, US

The US Environmental Protection Agency (EPA) announced a $600 million fund for its Environmental Justice Thriving Communities Grantmaking Program (EJ TCGM) as part of President Biden's Inflation Reduction Act. This is the largest investment in environmental and climate justice in US history. The funding will be distributed by 11 Grantmakers, who will provide subgrants to community-based nonprofits, local governments, institutions of higher education, and Native American organizations. These subgrants will be used to fund a range of environmental projects, including small local cleanups, local emergency preparedness, environmental workforce development, and projects addressing illegal dumping.

The 11 Grantmakers will work to streamline and simplify the application process, designing their own competitive application and submission processes. They will also implement a tracking and reporting system and provide resources and support to communities in collaboration with the EPA. The Regional Grantmakers are committed to distributing 80% of their total award in subgrants ranging from $75,000 to $350,000.

The EJ TCGM is a response to community feedback about the need to reduce barriers to federal funds and improve the efficiency of the awards process. This program aims to ensure that communities that have long faced underinvestment can access the benefits of the largest climate investment in history.

  • Health Resources in Action (HRiA)'s Environmental Justice for New England serves CT, ME, MA, NH, RI, VT, and 10 Tribal Nations.
  • Fordham University's Flourishing in Community serves NJ, NY, Puerto Rico, the US Virgin Islands, and 8 Indian Nations.
  • Social and Environmental Entrepreneurs serve AZ, CA, HI, NV, the Pacific Islands, and 148 Tribal Nations.

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European Green Deal (EGD) funding, EU

The European Green Deal (EGD) is a major new plan for the EU that seeks to make its economy 'climate-neutral'. The EU aims to become the world's first "climate-neutral bloc" by 2050. The EGD encompasses various programmes supporting research and innovation projects across renewable energy, energy efficiency, circular economy, biodiversity conservation, climate adaptation, sustainable agriculture, and clean transportation.

Funding for the EGD comes from various sources, including the Horizon Europe framework programme for research and innovation, but also many other EU funds and initiatives dedicated to specific aspects of sustainability and climate action. Horizon Europe is a €95.5 billion funding programme for research and innovation that fosters industrial competitiveness by assisting in the creation and dissemination of superior knowledge and technologies. At least 35% of its budget will fund new solutions for climate change, including "clean hydrogen".

Outside of Horizon Europe, funding can be obtained from the LIFE programme, which aims to achieve a shift towards a sustainable, circular, and resilient economy, as well as protect and restore the environment and halt and reverse biodiversity loss. The Just Transition Fund seeks to alleviate the socioeconomic impact of climate change in the regions most affected. The European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development are funding schemes addressing the needs of the agriculture sector. The European Maritime, Fisheries, and Aquaculture Fund supports sustainable aquaculture developments.

The European Green Deal Investment Plan (EGDIP) and its associated programmes, such as InvestEU and the Modernisation and Innovation Funds, provide a strong foundation for mobilising private sector investment to complement public funding. InvestEU will allocate 30% of its funding to fight climate change.

Frequently asked questions

The Inflation Reduction Act, enacted by President Biden in 2022, created a \$600 million fund for 11 Grantmakers under the EPA's Environmental Justice Thriving Communities Grantmaking program.

The fund aims to address environmental justice concerns and support community-based organizations working on projects related to climate change, clean air, and water.

Communities can apply to Grantmakers for subgrants to fund a range of environmental project activities, including local cleanups, emergency preparedness, and environmental workforce development programs.

Eligible projects include small local cleanups, local emergency preparedness, environmental workforce development, reducing greenhouse gas emissions, improving air quality, and addressing illegal dumping.

The grants are awarded to community-based organizations, Tribal governments, and nonprofits working on environmental justice initiatives, particularly in underserved communities.

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