Cookies help us run our site more efficiently.

By clicking “Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. View our Privacy Policy for more information or to customize your cookie preferences.

Overwhelmed by ever more clothing donations, charities are exporting the problem. Local governments must step up

News Feed
Wednesday, November 20, 2024

anna.spoka/ShutterstockWhat happens to your clothes after you don’t want them any more? Chances are, you will donate them to op shops run by a charity organisation. There are more and more clothes in circulation, and they are getting cheaper and lower quality. That means the clothes you give away are worth less and less. For charities, this means donated clothes are less gift, more rubbish. Our new research explores what happens to clothes and other textiles after we don’t want them across nine cities in Europe, North America and Australia. The pattern was the same in most cities. The sheer volume is overwhelming many shops. In Geneva, donations to charity shops have surged 1,200% in three decades, from 250 tonnes in 1990 to 3,000 tonnes in 2021. Worldwide, we now dump 92 million tonnes of clothes and textiles a year, double the figure of 20 years earlier. There’s less and less value in managing these clothes locally. As a result, charities are forced to send more clothes to landfill – or sell bale after bale of clothing to resellers, who ship them to nations in the Global South. Local governments usually handle other waste streams. But on clothes and textiles, they often leave it to charitable organisations and commercial resellers. This system is inherited from a time when used clothing was a more valuable resource, but the rising quantity of clothing has pushed this system towards collapse. From January, all EU states have to begin rolling out collection services for used textiles. But in Australia and the United States there are no moves to do the same – even though these two countries consume the most textiles per capita in the world. As we work towards creating circular economies, where products are continually reused, this will have to change. Textile waste is a new problem Historically, textiles were hard to make and hence valuable. They were used for as long as possible and reused as rags or other purposes before becoming waste. These natural fibres would biodegrade or be burned for energy. But synthetic fibres and chemical finishings have made more and more clothes unable to biodegrade. Fast fashion – in which high fashion trends are copied and sold at low cost – is only possible because of synthetic fibers such as polyester. These clothes are often worn for a brief period and then given or thrown away. What happens to this waste? To find out, we looked at textile waste in Amsterdam, Austin, Berlin, Geneva, Luxembourg, Manchester, Melbourne, Oslo and Toronto. In eight of these cities, charities and commercial resellers dealt with the lion’s share of clothing waste. But in Amsterdam, local governments manage the problem. Across the nine cities, most donated clothes go not to charity shops shelves but to export. In Oslo, 97% of clothes are exported. The flood of clothes is producing strange outcomes in some places. In Melbourne, charities are now exporting higher quality secondhand clothes to Europe. But we found this forces independent secondhand clothing outlets to import similar clothes back from Europe or the US. Charity organisations usually export the clothes across the Global South. But shipping container loads of secondhand clothes and textiles can do real damage environmentally. Clothing that can’t be sold becomes waste. In Ghana, there are now 20-metre-high hills made of clothing waste. Synthetic clothes clog up rivers, trap animals and spread plastics as they break apart. This practice has been dubbed “waste colonialism”. Uganda has recently banned imports. The secondhand clothing export industry provides work, but its social and environmental impacts have been devastating. What should we do? At present, charities and resellers are struggling with managing the rising volume of donations, but they have little room to change. Exporting excess clothing is getting less profitable, but moving to local sorting and resale would be even less so due to higher costs and too many clothes collected relative to demand for secondhand items. These clothes are disposed of by consumers who live in cities in wealthier countries. The actions city leaders take can reduce the problem globally, such as encouraging residents to buy fewer new clothes and boosting local reuse, repair and recycling efforts. Charity shops are inundated with fast fashion donations. triocean/Shutterstock We are already seeing seeing grassroots initiatives emerging in all nine studied cities promoting local reuse and repair, with some receiving government support and others operating independently. To make real change, municipal governments will have to take on a larger role. At present, municipal governments in most of the cities we studied have limited roles, ranging from sending clothing waste to landfill to sharing data on clothing recycling bins, letting charities and resellers set up collection points and supporting repair and swapping. Here are three ways local governments could take the lead: 1. Curb overconsumption Dealing with waste is a major role for municipal governments, and comes with major costs. To reduce clothing waste, cities could launch campaigns against overconsumption by focusing on the environmental damage done by fast fashion – or even banning ads for clothing retailers in city centres. 2. Boost reuse Local governments could stop charging charities for the right to collect clothing and instead offer compensation for every kilo of collected textiles to help replace the money they get from sending clothing bales to resellers for export. Cities can also train and support circular economy practitioners, such as those involved in repair and upcycling. 3. Reduce exports of clothing waste City leaders could reduce textile exports by recognising them as a waste stream and including textiles in their waste management planning. One thing is certain – if we keep going as we are, flows of clothing waste will only grow, leading to more waste locally – and greatly increase the waste problem overseas. The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.

We give or throw away more and more clothes every year, overwhelming charities and triggering large exports of secondhand clothing. There’s a better way

anna.spoka/Shutterstock

What happens to your clothes after you don’t want them any more? Chances are, you will donate them to op shops run by a charity organisation.

There are more and more clothes in circulation, and they are getting cheaper and lower quality. That means the clothes you give away are worth less and less. For charities, this means donated clothes are less gift, more rubbish.

Our new research explores what happens to clothes and other textiles after we don’t want them across nine cities in Europe, North America and Australia. The pattern was the same in most cities. The sheer volume is overwhelming many shops. In Geneva, donations to charity shops have surged 1,200% in three decades, from 250 tonnes in 1990 to 3,000 tonnes in 2021. Worldwide, we now dump 92 million tonnes of clothes and textiles a year, double the figure of 20 years earlier.

There’s less and less value in managing these clothes locally. As a result, charities are forced to send more clothes to landfill – or sell bale after bale of clothing to resellers, who ship them to nations in the Global South.

Local governments usually handle other waste streams. But on clothes and textiles, they often leave it to charitable organisations and commercial resellers. This system is inherited from a time when used clothing was a more valuable resource, but the rising quantity of clothing has pushed this system towards collapse.

From January, all EU states have to begin rolling out collection services for used textiles. But in Australia and the United States there are no moves to do the same – even though these two countries consume the most textiles per capita in the world. As we work towards creating circular economies, where products are continually reused, this will have to change.

Textile waste is a new problem

Historically, textiles were hard to make and hence valuable. They were used for as long as possible and reused as rags or other purposes before becoming waste. These natural fibres would biodegrade or be burned for energy.

But synthetic fibres and chemical finishings have made more and more clothes unable to biodegrade. Fast fashion – in which high fashion trends are copied and sold at low cost – is only possible because of synthetic fibers such as polyester.

These clothes are often worn for a brief period and then given or thrown away.

What happens to this waste? To find out, we looked at textile waste in Amsterdam, Austin, Berlin, Geneva, Luxembourg, Manchester, Melbourne, Oslo and Toronto. In eight of these cities, charities and commercial resellers dealt with the lion’s share of clothing waste. But in Amsterdam, local governments manage the problem.

Across the nine cities, most donated clothes go not to charity shops shelves but to export. In Oslo, 97% of clothes are exported.

The flood of clothes is producing strange outcomes in some places. In Melbourne, charities are now exporting higher quality secondhand clothes to Europe. But we found this forces independent secondhand clothing outlets to import similar clothes back from Europe or the US.

Charity organisations usually export the clothes across the Global South. But shipping container loads of secondhand clothes and textiles can do real damage environmentally. Clothing that can’t be sold becomes waste. In Ghana, there are now 20-metre-high hills made of clothing waste. Synthetic clothes clog up rivers, trap animals and spread plastics as they break apart. This practice has been dubbed “waste colonialism”.

Uganda has recently banned imports. The secondhand clothing export industry provides work, but its social and environmental impacts have been devastating.

What should we do?

At present, charities and resellers are struggling with managing the rising volume of donations, but they have little room to change. Exporting excess clothing is getting less profitable, but moving to local sorting and resale would be even less so due to higher costs and too many clothes collected relative to demand for secondhand items.

These clothes are disposed of by consumers who live in cities in wealthier countries. The actions city leaders take can reduce the problem globally, such as encouraging residents to buy fewer new clothes and boosting local reuse, repair and recycling efforts.

tshirts on charity shop rack
Charity shops are inundated with fast fashion donations. triocean/Shutterstock

We are already seeing seeing grassroots initiatives emerging in all nine studied cities promoting local reuse and repair, with some receiving government support and others operating independently.

To make real change, municipal governments will have to take on a larger role. At present, municipal governments in most of the cities we studied have limited roles, ranging from sending clothing waste to landfill to sharing data on clothing recycling bins, letting charities and resellers set up collection points and supporting repair and swapping.

Here are three ways local governments could take the lead:

1. Curb overconsumption

Dealing with waste is a major role for municipal governments, and comes with major costs. To reduce clothing waste, cities could launch campaigns against overconsumption by focusing on the environmental damage done by fast fashion – or even banning ads for clothing retailers in city centres.

2. Boost reuse

Local governments could stop charging charities for the right to collect clothing and instead offer compensation for every kilo of collected textiles to help replace the money they get from sending clothing bales to resellers for export. Cities can also train and support circular economy practitioners, such as those involved in repair and upcycling.

3. Reduce exports of clothing waste

City leaders could reduce textile exports by recognising them as a waste stream and including textiles in their waste management planning.

One thing is certain – if we keep going as we are, flows of clothing waste will only grow, leading to more waste locally – and greatly increase the waste problem overseas.

The Conversation

The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.

Read the full story here.
Photos courtesy of

Construction is the world’s biggest polluter, yet Labour still refuses to tackle it | Simon Jenkins

Refurbishing an old building is subject to full VAT, but it isn’t if you build a polluting new one. The government’s priorities are all wrongYou can damn oil companies, abuse cars, insult nimbys, kill cows, befoul art galleries. But you must never, ever criticise the worst offender of all. The construction industry is sacred to both the left and the right. It may be the world’s greatest polluter, but it is not to be criticised. It is the elephant in the global-heating room.It’s hard not to feel as though we have a blind spot when it comes to cement, steel and concrete. A year has now passed since the UN’s environment programme stated baldly that “the building and construction sector is by far the largest emitter of greenhouse gases”. The industry accounts for “a staggering 37% of global emissions”, more than any other single source. Yet it rarely gets the same attention as oil or car companies.Simon Jenkins is a Guardian columnist Continue reading...

You can damn oil companies, abuse cars, insult nimbys, kill cows, befoul art galleries. But you must never, ever criticise the worst offender of all. The construction industry is sacred to both the left and the right. It may be the world’s greatest polluter, but it is not to be criticised. It is the elephant in the global-heating room.It’s hard not to feel as though we have a blind spot when it comes to cement, steel and concrete. A year has now passed since the UN’s environment programme stated baldly that “the building and construction sector is by far the largest emitter of greenhouse gases”. The industry accounts for “a staggering 37% of global emissions”, more than any other single source. Yet it rarely gets the same attention as oil or car companies.Everywhere, building anew is revered. In her budget last month, Rachel Reeves refused to end the 20% VAT imposed on the refurbishment of old buildings, while continuing to exempt new ones from VAT. This amounts to a subsidy for polluting, carbon-intensive activities, much like her failure to index fuel duty. She is doing so because she and the prime minister, like the Tories before them, are putty in the hands of Britain’s powerful construction and oil lobbies. In his party conference speech, Keir Starmer promised to “bulldoze” local planners who impeded developers. He wants to build 1.5m new homes, and defies locals who oppose him. He even harks back to the 1940s and 50s in planning new towns in the countryside, the most carbon-costly, car-reliant form of development imaginable.Of course, Britain needs more homes, and many of these are likely to be new ones. Yet there is plenty the government could do to free up houses. Britain’s regulation of its existing building stock is atrocious. Council tax bands have been frozen since 1991, meaning people rattling around in homes that are too big for them are discouraged from moving. A million homes in England are now estimated to be lying empty and millions more are underoccupied. Deterred by the VAT that applies to refurbishing existing buildings, developers are allowed to demolish 50,000 mostly reusable buildings a year. The release of their embodied carbon is colossal.A much greater conversation is needed about the merits of constructing new homes versus retrofitting existing housing stock. While Labour has pledged to build 300,000 eco-friendly new homes each year, and is expected to tighten environmental standards for construction projects, the housebuilding lobby will fiercely resist any changes. The dominant cry is still build, baby, build. Rarely is it “convert”, “retrofit” or “reuse”. There are plenty of reasons we should be wary of this simple mantra, aside from the climate costs. Building lots more houses in south-east England would only worsen the widening gap between north and south, for example. Towns awash in brownfield sites need restoring, while villages should be allowed to grow organically, rather than being forced to swallow giant housing developments.Starmer is relying on his energy secretary, Ed Miliband, to mitigate the emissions from his construction boom. The latest astonishing proposal is for western Europe’s biggest solar panel farm in the Oxfordshire countryside. It will utterly destroy this area, passing through 15 villages. Britain needs renewable energy, but this should be planned according to national priorities, not allowed to deface the countryside wherever a landowner chooses. And if we are to reduce our impact on the environment, we surely also need to be taking a closer look at properly valuing and zoning the rural landscape in general. Bulldozing all sense of town and country planning to appease a commercial lobby is a shocking abuse of the last shred of local democracy in Britain – the public’s right to some say in the physical future of its communities.

Satellites spot methane leaks – but ‘super-emitters’ don’t fix them

Governments and companies almost never take action when satellites alert them about large methane leaks coming from oil and gas infrastructure

A methane plume at least 4.8 kilometres long billows into the atmosphere south of Tehran, IranNASA/JPL-Caltech The world has more ways than ever to spot the invisible methane emissions responsible for a third of global warming so far. But according to a report released at the COP29 climate summit, methane “super-emitters” rarely take action when alerted that they are leaking large amounts of the potent greenhouse gas. “We’re not seeing the transparency and the sense of urgency that we require,” says Manfredi Caltagirone, director of the United Nations Environment Programme’s International Methane Emissions Observatory, which recently launched a system that uses satellite data to alert methane emitters about leaks. Methane is the second most important greenhouse gas to address, behind carbon dioxide, and a rising number of countries have promised to slash methane emissions in order to avoid near-term warming. At last year’s COP28 climate summit, many of the world’s largest oil and gas companies also pledged to “eliminate” methane emissions from their operations. Today, a growing number of satellites are beginning to detect methane leaks from the biggest sources of such emissions: oil and gas infrastructure, coal mines, landfill and agriculture. That data is critical to holding emitters to account, says Mark Brownstein at the Environmental Defense Fund, an environmental advocacy group that recently launched its own methane-sensing satellite. “But data by itself doesn’t solve the problem,” he says. The first year of the UN methane alert system illustrates the yawning gap between data and action. Over the past year, the programme issued 1225 alerts to governments and companies when it identified plumes of methane from oil and gas infrastructure large enough to be detected from space. It now reports that emitters only took steps to control those leaks 15 times, a response rate of under 1 per cent. There are a number of possible reasons for this, says Caltagirone. Emitters might lack technical or financial resources and some sources of methane can be difficult to cut off, although emissions from oil and gas infrastructure are widely seen to be the easiest to deal with. “It’s plumbing. It’s not rocket science,” he says. Another explanation might be that emitters are still getting used to the new alert system. However, other methane monitors have reported a similar lack of response. “Our success rate is not much better,” says Jean-Francois Gauthier at GHGSat, a Canadian company that has issued similar satellite alerts for years. “It’s on the order of 2 or 3 per cent.” All 2974 methane super-emitter plumes that the Copernicus Sentinel-5P satellite detected in 2021ESA/SRON There have been some successes. For instance, the UN issued several alerts this year to the Algerian government about a methane source that had been continuously leaking since at least 1999, with a global warming effect equivalent to half a million cars driven for a year. By October, satellite data showed it had disappeared. But the overall picture suggests monitoring isn’t yet translating into emissions reductions. “Simply showing methane plumes is not enough to generate action,” says Rob Jackson at Stanford University in California. A core problem he sees is that satellites rarely reveal who owns the leaky pipeline or the well emitting methane, making accountability difficult. Methane is a major topic of discussion at the COP29 meeting, now under way in Baku, Azerbaijan. A summit this week on “non-CO2 greenhouse gases”, convened by the US and China, saw countries announce several actions on methane emissions. They include a fee on methane in the US, which is aimed at oil and gas emitters – although many expect the incoming Trump administration to undo that rule.

A Federal Court Just Upended Decades of Environmental Regulation

The D.C. Circuit Court of Appeals ruled this week that federal agencies and courts have been misinterpreting a major environmental law for the last half-century, casting doubt on whether a key White House agency can actually write binding regulations on environmental policy.In an unsigned 2-1 decision, a three-judge panel concluded that the Council on Environmental Quality, or CEQ, had been issuing binding regulations in error since the late 1970s. It held that the National Environmental Policy Act of 1969, also known as NEPA, did not grant rulemaking authority to the agency—which it had nonetheless wielded since the Carter administration.The panel sounded almost surprised that it had to reach this conclusion in the first place. “The separation of powers and statutory interpretation issue that CEQ’s regulations present is thus unremarkable,” it noted in its ruling. “What is quite remarkable is that this issue has remained largely undetected and undecided for so many years in so many cases.”Tuesday’s ruling in Marin Audobon Society v. Federal Aviation Administration is a complicated one and it will likely come under intense scrutiny on appeal. Even the panel majority acknowledged that it is somewhat at odds with the Supreme Court’s own rulings on the matter. (More on that later.) Nonetheless, its conclusions could have far-reaching implications for how the federal government writes new regulations—and how it considers environmental issues when doing so.Congress enacted NEPA in 1969 after the environmentalist movement emerged as a major force in American politics. In its most basic form, NEPA created environmental guardrails for other federal agencies to follow when carrying out their duties. When those agencies wrote or re-wrote federal regulations, for example, the law generally required them to assess the environmental impact of their changes along the way.NEPA also established the Council on Environmental Quality, or CEQ, a White House council that coordinates with the rest of the executive branch on crafting environmental-impact assessments and weighing their impact on policymaking. CEQ is led by a three-member commission whose members are appointed by the president and confirmed by the Senate, giving it an unusually strong imprimatur among White House organs.Since the Jimmy Carter administration, CEQ has also been issuing regulations of its own that bind other federal agencies. These are not merely advisory opinions that it renders on behalf of the White House. To the contrary, they are submitted through the notice-and-comment process like other federal regulations and are published in the Federal Register. Courts have often used them to resolve legal disputes over an agency’s actions and answer questions about whether and when they comply with NEPA.That framework was supposed to decide this case as well. A coalition of local environmental groups in the San Francisco Bay Area sued the FAA over its plans to allow tour flights over four national parks in the area. The FAA had argued that it did not need to conduct an environmental-impact assessment under NEPA when authorizing a formal plan for the flights.In theory, the dispute turned on whether the FAA was correct to argue that it had a “categorical exemption” from NEPA, or if the environmental groups were correct to argue that the plan did not fall into the exemption based on CEQ’s regulations. Neither the groups nor the agency itself had argued that the NEPA regulations at issue were invalid, or that CEQ lacked the authority it had claimed for itself under the law.The problem, according to the panel, is that NEPA does not grant CEQ the power to issue those regulations in the first place. The misconception apparently stemmed from an executive order issued by Jimmy Carter in 1977. After the Justice Department had previously told the Supreme Court that CEQ’s guidelines were non-binding, Carter’s order stated that federal agencies had to “comply” with “regulations” issued by CEQ to the extent allowed by law, citing NEPA and other environmental laws.After Carter’s order, CEQ issued a wave of mandatory regulations for other agencies to follow, sweeping aside their existing practices and procedures for complying with NEPA. Succeeding generations of lawyers and judges assumed that CEQ had the power to issue those regulations, apparently without looking much further into Carter’s executive order or the text of NEPA itself to locate the actual legal authority.Complicating matters is that the Supreme Court itself has upheld these regulations from time to time, operating under the presumption that CEQ had the lawful authority to issue them. In one case, for example, the justices said outright that CEQ had been “established by NEPA with authority to issue regulations interpreting it.” Judges in the lower federal courts are bound by Supreme Court precedent at all times.This time, however, the panel majority concluded it was not bound by this description or other stray remarks in the high court’s rulings over the years. “The statement appeared without any accompanying legal analysis,” the panel noted, quoting from past rulings. “We must obey ‘carefully considered language of the Supreme Court, even if technically dictum.’ But we are not bound by every stray remark on an issue the parties [in those cases] neither raised nor discussed in any meaningful way.” In other words, because the Supreme Court had never directly considered CEQ’s authority, the panel was not bound by its assumption that it existed.Judge Sri Srinivasan, who dissented in part from the court’s ruling, criticized his colleagues for ruling on CEQ’s authority even though no party had asked for it. He pointed to a doctrine known as the party-presentation principle, which generally holds that judges are only supposed to decide legal questions that are raised by litigants and briefed and argued by them. “Time and again, we have refrained from questioning the CEQ’s authority to adopt binding NEPA regulations because the parties did not raise the challenge,” he noted, pointing to past D.C. Circuit cases where they had assumed CEQ’s authority was valid.Srinivasan also criticized the majority for adopting a remedy that the environmental groups had not sought. Because the FAA had relied on CEQ regulations when adopting its current plan for air tours over the parks, the panel vacated the current plan and ordered it to start anew. Srinivasan noted that the D.C. Circuit’s usual practice is to avoid remedies that would paradoxically lead to lesser environmental protections than if the environmental groups hadn’t challenged it at all. “When confronted with similar circumstances, our court has repeatedly remanded to an agency without vacating a flawed but environmentally protective agency action,” he noted.Where this ruling goes from here is unclear. The FAA could, in theory, appeal the ruling to be reviewed by the entire D.C. Circuit, where Democratic appointees hold a majority. (The two judges who ruled against CEQ’s authority were appointed by Republican presidents.) The environmental groups could also asked the entire D.C. Circuit to review the remedy itself. If the D.C. Circuit reverses the panel’s ruling, neither party may be interested in taking it any further to the Supreme Court.But the justices may already be aware of the issue with CEQ’s rulemaking authority. Next month, the Supreme Court will hear oral arguments in Seven County Infrastructure Coalition v. Eagle County, Colorado, a NEPA case about when and how federal agencies must consider environmental impacts. None of the parties in that case questioned CEQ’s rulemaking authority. A group of conservative law professors filed a friend-of-the-court brief in September that argued it might be invalid.“As a component of the White House, there is no doubt that CEQ has authority to promulgate rules of administration to guide agencies in their implementation of NEPA’s procedural requirements,” the law professors told the justices. “But there is no basis for those rules’ being judicially enforceable, and the D.C. Circuit’s enforcement of them was another source of reversible error.” It would be stunning if the justices took the same blunt approach in that case as the D.C. Circuit did this week. But it would not be a surprise if at least one or more justices publicly called for a future case to be heard on the matter.It is worth emphasizing here that overturning CEQ’s regulatory power would not eliminate NEPA or its environmental-impact requirements for federal agencies. Instead, each federal agency would likely adopt its own practices and procedures for following the law, just as they did before Carter’s executive order in 1977. That could lead to greater regulatory confusion if different agencies take different approaches to the law’s requirements, especially in the short term. For a Supreme Court that has already taken major swings at the administrative state, throwing NEPA into chaos would be one of its most far-reaching moves yet.

The D.C. Circuit Court of Appeals ruled this week that federal agencies and courts have been misinterpreting a major environmental law for the last half-century, casting doubt on whether a key White House agency can actually write binding regulations on environmental policy.In an unsigned 2-1 decision, a three-judge panel concluded that the Council on Environmental Quality, or CEQ, had been issuing binding regulations in error since the late 1970s. It held that the National Environmental Policy Act of 1969, also known as NEPA, did not grant rulemaking authority to the agency—which it had nonetheless wielded since the Carter administration.The panel sounded almost surprised that it had to reach this conclusion in the first place. “The separation of powers and statutory interpretation issue that CEQ’s regulations present is thus unremarkable,” it noted in its ruling. “What is quite remarkable is that this issue has remained largely undetected and undecided for so many years in so many cases.”Tuesday’s ruling in Marin Audobon Society v. Federal Aviation Administration is a complicated one and it will likely come under intense scrutiny on appeal. Even the panel majority acknowledged that it is somewhat at odds with the Supreme Court’s own rulings on the matter. (More on that later.) Nonetheless, its conclusions could have far-reaching implications for how the federal government writes new regulations—and how it considers environmental issues when doing so.Congress enacted NEPA in 1969 after the environmentalist movement emerged as a major force in American politics. In its most basic form, NEPA created environmental guardrails for other federal agencies to follow when carrying out their duties. When those agencies wrote or re-wrote federal regulations, for example, the law generally required them to assess the environmental impact of their changes along the way.NEPA also established the Council on Environmental Quality, or CEQ, a White House council that coordinates with the rest of the executive branch on crafting environmental-impact assessments and weighing their impact on policymaking. CEQ is led by a three-member commission whose members are appointed by the president and confirmed by the Senate, giving it an unusually strong imprimatur among White House organs.Since the Jimmy Carter administration, CEQ has also been issuing regulations of its own that bind other federal agencies. These are not merely advisory opinions that it renders on behalf of the White House. To the contrary, they are submitted through the notice-and-comment process like other federal regulations and are published in the Federal Register. Courts have often used them to resolve legal disputes over an agency’s actions and answer questions about whether and when they comply with NEPA.That framework was supposed to decide this case as well. A coalition of local environmental groups in the San Francisco Bay Area sued the FAA over its plans to allow tour flights over four national parks in the area. The FAA had argued that it did not need to conduct an environmental-impact assessment under NEPA when authorizing a formal plan for the flights.In theory, the dispute turned on whether the FAA was correct to argue that it had a “categorical exemption” from NEPA, or if the environmental groups were correct to argue that the plan did not fall into the exemption based on CEQ’s regulations. Neither the groups nor the agency itself had argued that the NEPA regulations at issue were invalid, or that CEQ lacked the authority it had claimed for itself under the law.The problem, according to the panel, is that NEPA does not grant CEQ the power to issue those regulations in the first place. The misconception apparently stemmed from an executive order issued by Jimmy Carter in 1977. After the Justice Department had previously told the Supreme Court that CEQ’s guidelines were non-binding, Carter’s order stated that federal agencies had to “comply” with “regulations” issued by CEQ to the extent allowed by law, citing NEPA and other environmental laws.After Carter’s order, CEQ issued a wave of mandatory regulations for other agencies to follow, sweeping aside their existing practices and procedures for complying with NEPA. Succeeding generations of lawyers and judges assumed that CEQ had the power to issue those regulations, apparently without looking much further into Carter’s executive order or the text of NEPA itself to locate the actual legal authority.Complicating matters is that the Supreme Court itself has upheld these regulations from time to time, operating under the presumption that CEQ had the lawful authority to issue them. In one case, for example, the justices said outright that CEQ had been “established by NEPA with authority to issue regulations interpreting it.” Judges in the lower federal courts are bound by Supreme Court precedent at all times.This time, however, the panel majority concluded it was not bound by this description or other stray remarks in the high court’s rulings over the years. “The statement appeared without any accompanying legal analysis,” the panel noted, quoting from past rulings. “We must obey ‘carefully considered language of the Supreme Court, even if technically dictum.’ But we are not bound by every stray remark on an issue the parties [in those cases] neither raised nor discussed in any meaningful way.” In other words, because the Supreme Court had never directly considered CEQ’s authority, the panel was not bound by its assumption that it existed.Judge Sri Srinivasan, who dissented in part from the court’s ruling, criticized his colleagues for ruling on CEQ’s authority even though no party had asked for it. He pointed to a doctrine known as the party-presentation principle, which generally holds that judges are only supposed to decide legal questions that are raised by litigants and briefed and argued by them. “Time and again, we have refrained from questioning the CEQ’s authority to adopt binding NEPA regulations because the parties did not raise the challenge,” he noted, pointing to past D.C. Circuit cases where they had assumed CEQ’s authority was valid.Srinivasan also criticized the majority for adopting a remedy that the environmental groups had not sought. Because the FAA had relied on CEQ regulations when adopting its current plan for air tours over the parks, the panel vacated the current plan and ordered it to start anew. Srinivasan noted that the D.C. Circuit’s usual practice is to avoid remedies that would paradoxically lead to lesser environmental protections than if the environmental groups hadn’t challenged it at all. “When confronted with similar circumstances, our court has repeatedly remanded to an agency without vacating a flawed but environmentally protective agency action,” he noted.Where this ruling goes from here is unclear. The FAA could, in theory, appeal the ruling to be reviewed by the entire D.C. Circuit, where Democratic appointees hold a majority. (The two judges who ruled against CEQ’s authority were appointed by Republican presidents.) The environmental groups could also asked the entire D.C. Circuit to review the remedy itself. If the D.C. Circuit reverses the panel’s ruling, neither party may be interested in taking it any further to the Supreme Court.But the justices may already be aware of the issue with CEQ’s rulemaking authority. Next month, the Supreme Court will hear oral arguments in Seven County Infrastructure Coalition v. Eagle County, Colorado, a NEPA case about when and how federal agencies must consider environmental impacts. None of the parties in that case questioned CEQ’s rulemaking authority. A group of conservative law professors filed a friend-of-the-court brief in September that argued it might be invalid.“As a component of the White House, there is no doubt that CEQ has authority to promulgate rules of administration to guide agencies in their implementation of NEPA’s procedural requirements,” the law professors told the justices. “But there is no basis for those rules’ being judicially enforceable, and the D.C. Circuit’s enforcement of them was another source of reversible error.” It would be stunning if the justices took the same blunt approach in that case as the D.C. Circuit did this week. But it would not be a surprise if at least one or more justices publicly called for a future case to be heard on the matter.It is worth emphasizing here that overturning CEQ’s regulatory power would not eliminate NEPA or its environmental-impact requirements for federal agencies. Instead, each federal agency would likely adopt its own practices and procedures for following the law, just as they did before Carter’s executive order in 1977. That could lead to greater regulatory confusion if different agencies take different approaches to the law’s requirements, especially in the short term. For a Supreme Court that has already taken major swings at the administrative state, throwing NEPA into chaos would be one of its most far-reaching moves yet.

Satellite Images and Documents Indicate China Working on Nuclear Propulsion for New Aircraft Carrier

For the first time, a group of U.S. researchers has concluded that China has built a land-based prototype nuclear reactor to power future aircraft carriers

BANGKOK (AP) — China has built a land-based prototype nuclear reactor for a large surface warship, in the clearest sign yet Beijing is advancing toward producing its first nuclear-powered aircraft carrier, according to a new analysis of satellite imagery and Chinese government documents provided to The Associated Press.China’s navy is already the world’s largest numerically, and it has been rapidly modernizing. Adding nuclear-powered carriers to its fleet would be a major step in realizing its ambitions for a true "blue-water” force capable of operating in seas far from China in a growing global challenge to the United States.“Nuclear-powered carriers would place China in the exclusive ranks of first-class naval powers, a group currently limited to the United States and France,” said Tong Zhao, a senior fellow at the Carnegie Endowment for International Peace in Washington, D.C. “For China’s leadership, such a development would symbolize national prestige, fueling domestic nationalism and elevating the country’s global image as a leading power.”Researchers at the Middlebury Institute of International Studies in California said they made the finding while investigating a mountain site outside the city of Leshan in the southwest Chinese province of Sichuan, where they suspected China was building a reactor to produce plutonium or tritium for weapons. Instead they concluded that China was building a prototype reactor for a large warship. The project at Leshan is dubbed the Longwei, or Dragon Might, Project and is also referred to as the Nuclear Power Development Project in documents.Neither China’s Defense Ministry nor Foreign Affairs Ministry responded to requests for comment. Satellite images and public documents helped identify likely carrier project There have long been rumors that China is planning to build a nuclear-powered aircraft carrier, but the research by the Middlebury team is the first to confirm that China is working on a nuclear-powered propulsion system for a carrier-sized surface warship.“The reactor prototype at Leshan is the first solid evidence that China is, in fact, developing a nuclear-powered aircraft carrier," said Jeffrey Lewis, a professor at Middlebury and one of the researchers on the project. "Operating a nuclear-powered aircraft carrier is an exclusive club, one that China looks set to join.”Drawing on satellite images and public documents including project tenders, personnel files, environmental impact studies — and even a citizen’s complaint about noisy construction and excessive dust — they concluded a prototype reactor for naval propulsion was being built in the mountains of Mucheng township, some 70 miles (112 kilometers) southwest of Sichuan's provincial capital Chengdu.The reactor, which procurement documents indicate will soon be operational, is housed in a new facility built at the site known as Base 909, which houses six other reactors that are operational, decommissioned or under construction, according to the analysis. The site is under the control of the Nuclear Power Institute of China, a subsidiary of the China National Nuclear Corporation, which is tasked with reactor engineering research and testing.Documents indicating that China’s 701 Institute, formally known as China Ship Research and Design Center, which is responsible for aircraft carrier development, procured reactor equipment “intended for installation on a large surface warship” under the Nuclear Power Development Project as well as the project’s “national defense designation” helped lead to the conclusion the sizable reactor is a prototype for a next-generation aircraft carrier.Satellite mages from 2020 to 2023 have shown the demolition of homes and the construction of water intake infrastructure connected to the reactor site. Contracts for steam generators and turbine pumps indicate the project involves a pressurized water reactor with a secondary circuit — a profile that is consistent with naval propulsion reactors, the researchers say.An environmental impact report calls the Longwei Project a “national defense-related construction project” that is classified “secret.”“Unless China is developing nuclear-powered cruisers, which were pursued only by the United States and the Soviet Union during the Cold War, then the Nuclear Power Development Project most certainly refers to a nuclear-powered aircraft carrier development effort,” researchers wrote in a detailed 19-page report on their findings shared exclusively with the AP.Jamie Withorne, an analyst at the Oslo Nuclear Project who was not involved in the research and reviewed the findings, said Middlebury's team made a “convincing argument.”“From the identifying reports, co-location with other naval reactor facilities, and correlating construction activity, I think it can be said that it is likely the Longwei Project is housed at Base 909, and it could potentially be located at the identified building,” she said.The research does not, however, provide clues as to when a Chinese nuclear-powered carrier could be built and become operational, she said.Sarah Laderman, a senior analyst with Open Nuclear Network, a program of the U.S.-based NGO PAX sapiens foundation, said the findings were “carefully conducted and thoroughly researched.”“Given the evidence presented here, I see a compelling case made that China seems to be working towards building a nuclear propulsion system for its naval surface ships (likely aircraft carriers) at this location,” said Laderman, who is based in Vienna and was not involved in Middlebury’s research. Pursuit of a nuclear-powered carrier China’s first carrier, commissioned in 2012, was a repurposed Soviet ship, and its second was built in China but based upon the Soviet design. Both ships — named the Liaoning and the Shandong — employ a so-called “ski-jump” type launch method, with a ramp at the end of a short runway to help planes take off.The Type 003 Fujian, launched in 2022, was the country's third carrier and its first to be indigenously designed and built. It employs an electromagnetic-type launch system like those developed and used by the U.S. Navy. All three carriers are conventionally powered.Sea trials hadn’t even started for the Fujian in March when Yuan Huazhi, political commissar for China’s People’s Liberation Army Navy, confirmed the construction of a fourth carrier. Asked if it would be nuclear-powered, he said at the time that would “soon be announced,” but so far it has not been.There has been speculation that China may begin producing two new carriers at once — one Type 003 like the Fujian and one nuclear-powered Type 004 — something that it has not attempted before but that its shipyards have the capacity to do.Matthew Funaiole, senior fellow at the Center for Strategic and International Studies’ China Power Project, said he doubts China's next carrier will be nuclear-powered. Instead, he said, he would expect the People's Liberation Army Navy's fourth carrier to focus on optimizing the existing design of the Fujian carrier with “incremental improvements.”Nick Childs, senior fellow for naval forces and maritime security at the International Institute for Strategic Studies, said the Chinese “have taken an incremental approach to their carrier development with a number of ambitions that will evolve over time.” “For now, their deployments have been relatively cautious, remaining largely within range of shore support, but projecting influence and to some extent coercion within their near waters.”Eventually, however, “larger carriers more akin to their U.S. counterparts will give them more options to project power,” Childs said. It takes several years to build a carrier and bring it into operation, but developing nuclear propulsion for its next generation of warships would eventually give China more power to run advanced systems, such as electromagnetic launchers, radars and new technology weapons, Childs said.“As well as obviating the need for the ship to refuel regularly and therefore giving it much greater range, nuclear power means that without the need to carry fuel oil for the ship there will be room aboard for fuel and weapons for its aircraft, extending their capabilities,” Childs said.“Much will depend on what overall size the next carrier is, but the addition of nuclear power will represent a significant step further in China’s carrier development with a vessel more comparable to the U.S. Navy’s carriers.”Zhao, of the Carnegie Endowment for International Peace, said nuclear-powered carriers would provide the Chinese military “with greater flexibility and endurance to operate around strategic hotspots, especially along the First Island Chain, where most territories disputed by China are located,” said Zhao. The First Island Chain includes the self-governed island of Taiwan, which China claims as its own and vows to annex it by force if necessary. The U.S. is obligated by a domestic law to supply Taiwan with sufficient weapons to deter invasion, and it could provide assistance to the island from its bases in the Pacific in the event of an invasion or blockade. Tensions also have risen in the South China Sea between China and neighboring nations over territorial disputes and maritime claims.“These carriers could also extend Chinese operations deeper into the Western Pacific, further challenging the U.S. military’s ability to ‘intervene’ in regional matters that China views as best resolved by countries from the region only,” Zhao said.Chinese President Xi Jinping has tasked defense officials with building a “first-class” navy and becoming a maritime power as part of his blueprint for the country’s rejuvenation.The country’s most recent white paper on national defense, dated 2019, said the Chinese navy was adjusting to strategic requirements by “speeding up the transition of its tasks from defense on the near seas to protection missions on the far seas.”The People's Liberation Army Navy is already the world’s largest navy with more than 370 ships and submarines. The country also boasts powerful shipbuilding capabilities: China’s shipyards are building many hundreds of vessels each year, whereas the U.S. is building five or fewer, according to a U.S. congressional report late last year.However, the Chinese navy lags behind the U.S. Navy in many respects. Among other advantages, the U.S. currently has 11 carriers, all nuclear powered, allowing it to keep multiple strike groups deployed around the world at all times, including in the Indo-Pacific.But the Pentagon is growingly increasingly concerned about China’s rapid modernization of its fleet, including the design and construction of new carriers.That aligns with China's “growing emphasis on the maritime domain and increasing demands" for its navy "to operate at greater distances from mainland China,” the Defense Department said in its most recent report to Congress on China's military.And China's “growing force of aircraft carriers extend air defense coverage of deployed task groups beyond the range of land-based defenses, enabling operations farther from China’s shore,” the report said.Tang reported from Washington D.C.Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Sept. 2024

Suggested Viewing

Join us to forge
a sustainable future

Our team is always growing.
Become a partner, volunteer, sponsor, or intern today.
Let us know how you would like to get involved!

CONTACT US

sign up for our mailing list to stay informed on the latest films and environmental headlines.

Subscribers receive a free day pass for streaming Cinema Verde.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.