Legislative Update: Republicans Urge Biden Administration to Abandon Global Plastics Treaty Support

Republicans Urge Biden Administration to Abandon Global Plastics Treaty Support

Republican lawmakers wrote an October 16 letter to Secretary of State Antony Blinken urging the Biden administration to withdraw its support for a United Nations treaty that would limit global plastic production. Senator Dan Sullivan (R-AK) and 26 House Republicans, led by Rep. Dan Crenshaw (R-TX), raised concerns about the treaty’s potential impact on U.S. manufacturing and jobs.  The U.S. plastics industry contributes $543 billion to the national economy, over one million jobs, and at least $862 billion in tax revenue, making them a driver of economic activity and employment opportunities.

The Biden administration’s recent openness to capping single-use plastics and restricting harmful plastic types has marked a shift in U.S. strategy, which previously focused on boosting recycling and improving waste management. The U.S. will join about 170 nations for the fifth and final round of negotiations on the treaty from November 25 to December 1 in South Korea.

The lawmakers criticized the policy as “short-sighted” and ineffective in addressing plastic pollution.  He emphasized the lack of bipartisan support for the treaty in Congress that U.S. plastic producers are already heavily regulated by strict environmental laws and regulations and produce plastic with fewer emissions and less pollution than many of our global competitors.   Furthermore, the members expressed legal concerns about the proposed framework given that it is unclear what authority exists for imposing artificial caps on how much plastics private companies can produce.

The Plastics Industry Association echoed these concerns, arguing that restrictions would harm American industry and increase reliance on foreign supply chains without delivering the intended environmental benefits.  “The State Department’s support of a position that may be challenging or illegal for the federal government to enforce could jeopardize the diplomatic reputation of the U.S.,” Crenshaw argued.

New EPA Rule Sets 10-Year Deadline for Lead Pipe Replacement, Funding Increased

As part of the Lead and Copper Rule Improvements, the Biden administration issued a final rule mandating the identification and replacement of lead pipes in all U.S. drinking water systems within the next ten years. This regulation, effective on October 8, intensifies testing to detect lead contamination in public water systems. With an estimated 9 million homes still reliant on outdated lead pipes, the federal government is allocating $2.6 billion in new funding through the Bipartisan Infrastructure Law to expedite replacements channeled via state agencies.

According to a White House fact sheet, over 367,000 lead pipes have been replaced to date, benefitting nearly one million people. In addition, the Environmental Protection Agency (EPA) is allocating $2.6 billion in new funding, sourced from the Bipartisan Infrastructure Law, to support drinking water upgrades and further accelerate lead pipe replacements.

In addition, the Department of Housing and Urban Development (HUD) is committing over $416 million in grants to reduce lead hazards in homes and improve community safety. EPA is also announcing the availability of $35 million in competitive grant funding to reduce lead in drinking water. The administration’s actions are expected to prevent serious health risks, especially for children, and reduce instances of low birth weight, IQ loss, and premature deaths caused by lead exposure.

Water Utilities Race to Complete Lead Pipe Inventories as EPA Funding Opportunities Expand

Water utilities rushed to submit their first lead service line (LSL) inventories by the October 16 due date, a key step in accessing funding for lead pipe replacement under the EPA’s Lead and Copper Rule Improvements (LCRI). These inventories will be critical for water systems as they seek federal and state funding, including State Revolving Fund (SRF) financing and other resources, to meet the LCRI’s requirement to replace nearly all LSLs within the next ten years. Industry leaders emphasize that comprehensive inventories will strengthen utilities’ applications for funding, including the $15 billion earmarked for LSL replacements under the Bipartisan Infrastructure Law (BIL).  Last week, the Biden administration pledged additional funding and grants to prioritize replacing the pipelines within ten years, including $2.6 billion in new funding through BIL.

The inventories are seen as essential not only for accessing current funding but also for securing additional financial support in the future, as water groups warn that federal funds may fall short of the total replacement costs, estimated to reach $90 billion. As utilities submit their inventories, there are calls for Congress to extend funding levels established by the BIL beyond its expiration in 2026 to ensure the full scope of the LCRI’s goals can be met.

Dan Hartnett of the Association of Metropolitan Water Agencies (AMWA) advocates that while efforts are underway to secure extended federal water infrastructure funding, political dynamics will heavily influence the outcome in the coming year. Although utilities have 13 years to comply with the LCRI, including a decade for full LSL replacement, funding will be required sooner, as utilities are expected to begin replacements as quickly as feasible, regardless of the funding landscape.

The LSL inventories required under the LCRI are also seen as a key outreach tool for water utilities to communicate the extent of LSLs in their systems to customers. This outreach is critical for momentum and awareness, as utilities must notify residents of the presence of LSLs once the initial inventories are completed.  Still, water utilities face complications affecting the broader goal of replacing lead lines nationwide, which was raised during the rulemaking process.   Issues such as some homeowners or landlords refusing to allow the replacement of LSLs on their property due to government distrust and”unknown” service lines in the inventories may hinder prioritization and communication efforts, particularly for smaller utilities with fewer resources.

Supreme Court Declines to Stay EPA’s Power Plant Greenhouse Gas Standards Amid Ongoing Litigation

The U.S. Supreme Court has rejected requests from Republican-led states and power companies to stay the Environmental Protection Agency’s (EPA) greenhouse gas (GHG) standards for power plants while litigation over the rule continues in the D.C. Circuit Court of Appeals. The court’s October 16 order denied multiple applications for a stay but acknowledged a dissent from Justice Clarence Thomas, who expressed support for granting the requests. Justices Brett Kavanaugh and Neil Gorsuch also voiced concerns, stating that the challengers showed a strong likelihood of success on some legal grounds. However, they noted that compliance is not required until June 2025, reducing the potential for immediate harm.

Industry groups and Republican-led states may continue to challenge the rule, especially given recent court actions, such as the June decision to block EPA’s Good Neighbor Plan for interstate ozone, before a full merits hearing. The industry groups and states argued the EPA overstepped its authority and set unattainable standards with the new regulations. Observers expect that the D.C. Circuit, which is moving swiftly, will rule on the power plant GHG standards within its current term.

SCOTUS also decided to leave in place two Biden administration environmental regulations aimed at reducing industry emissions of methane and mercury. The justices did not detail their reasoning in the orders, and no noted dissents.

Farm Bill Stalemate Leaves Farmers in Limbo Amid Rising Costs and Environmental Challenges

Farmers are increasingly frustrated as Congress has failed to pass a new farm bill, which expired on September 30, 2024. The delay has left critical agricultural programs, such as conservation and crop insurance, in limbo. With rising costs, volatile commodity prices, and climate challenges like droughts and floods, farmers say they urgently need updated federal programs to provide relief. Dairy farmers express concerns about the future, with many small farms closing or selling off land to developers. Additionally, the pressure to implement environmentally friendly practices through Department of Agriculture programs, such as the Environmental Quality Incentives Program (EQIP), is heightened, but USDA field offices remain understaffed, further complicating the situation.

The farm bill debate is also stalling conservation efforts, as lawmakers disagree on provisions regarding climate change. House Republicans have pushed to remove climate-related conservation provisions, while Democrats support retaining them. Despite bipartisan agreement on certain aspects of the legislation, such as crop insurance and agricultural research, the farm bill’s delay feeds into larger political battles ahead of the upcoming elections. Farmers and policy advocates continue to push for a resolution, warning that a prolonged delay could severely impact the agricultural sector and rural communities nationwide.