unEARTHED, the Earthjustice Blog

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Everyone has The Right To Breathe clean air. Watch a video featuring Earthjustice Attorney Jim Pew and two Pennsylvanians—Marti Blake and Martin Garrigan—who know firsthand what it means to live in the shadow of a coal plant's smokestack, breathing in daily lungfuls of toxic air for more than two decades.

Coal Ash Contaminates Our Lives. Coal ash is the hazardous waste that remains after coal is burned. Dumped into unlined ponds or mines, the toxins readily leach into drinking water supplies. Watch the video above and take action to support federally enforceable safeguards for coal ash disposal.

ABOUT EARTHJUSTICE'S BLOG

unEARTHED is a forum for the voices and stories of the people behind Earthjustice's work. The views and opinions expressed in this blog do not necessarily represent the opinion or position of Earthjustice or its board, clients, or funders.

Learn more about Earthjustice.

View Trip Van Noppen's blog posts
15 March 2013, 3:45 PM
Politics have kept key federal court judgeships vacant
Four of the D.C. Circuit Court's 11 seats have been left vacant due to congressional obstruction. (DOJ)

Over the past four years, the federal halls of justice have been left partially hollow as the number of judicial vacancies in the federal courts continues to mount—due to foot-dragging on nominations and partisan filibuster once nominations are made. These vacancies hobble the courts’ ability to do their core work, which includes determining the fate of our most important environmental protections.

Take, for example, President Obama’s nomination of Caitlin Halligan for a seat on the United States Court of Appeals for the D.C. Circuit. In 2010, the president nominated Halligan, praising her “excellence and unwavering integrity,” yet two years later the Senate has twice refused to confirm her to this environmentally critical court. Halligan, a distinguished litigator who has argued five cases in front of the U.S. Supreme Court, is well-qualified for a seat on the D.C. Circuit. Yet despite bipartisan support and several high profile endorsements from law enforcement organizations and leaders, last week Halligan was forced to suffer through a second politically motivated filibuster that Senate GOP’s justified by willfully misrepresenting her record.

43 Comments   /   Read more >>
View Jillian Hertzberg's blog posts
15 March 2013, 9:56 AM
House of Representatives legislation would protect air and water

Over the past few decades—with the help of Congress—Big Oil and Gas successfully chipped away at our bedrock environmental laws, carving out special exemptions for the fossil fuel drilling industry. In 1987, when Congress decided to implement new standards to control stormwater runoff pollution under the Clean Water Act, oil and gas companies got a pass. And in 1990 when the Clean Air Act was expanded to allow for control of more toxic air pollutants, the same industry got another pass. These exemptions from our fundamental air and water protections have left communities across the country exposed to dangerous health risks and threats to their environment from oil and gas operations right in their backyards.

Fortunately, activists engaged in the fight against fracking saw an important step forward, yesterday, with the introduction of two pieces of legislation in the House of Representatives. Rep. Jared Polis (D-CO) introduced H.R. 1154, the BREATHE Act, and Rep. Matthew Cartwright (D-PA) introduced H.R. 1175, the FRESHER Act. These bills call for common sense safeguards to protect water and air resources from pollution generated by the process of hydraulic fracturing, known as fracking.

4 Comments   /   Read more >>
View Ted Zukoski's blog posts
15 March 2013, 9:46 AM
Drought highlights need for smart solutions to water demand in West
Glen Canyon Dam on the Colorado River. The white bathtub ring will get bigger as water levels drop. (Photo: BuRec)

Winter in the Rockies is almost over. Almost, because April is still one of our snowiest months in Colorado. But even with a few days of snow last week, April would have to be pretty darned wet just to get this year’s snowpack up to average. As of March 15, snowpack in the watersheds that feed Lake Powell—which is just upstream of the Grand Canyon on the Colorado River behind the Glen Canyon Dam—was at less than 80 percent of average.

It’s so low, the National Park Service—which manages boating on the Lake as part of the Glen Canyon National Recreation Area—is spending a half-million of its sequester-reduced dollars to dredge a new channel for boats that would otherwise have to make a detour around new land that’s exposed as lake levels recede. The Bureau of Reclamation is predicting that inflows to Lake Powell this spring will be less than half of the 30-year average. In Denver, the water agency—which relies heavily on water grabbed from the Colorado River basin—is already warning it will put in place tough restrictions on lawn watering this summer to deal with the ongoing drought. His answer is, it could, as temperatures rise and water supplies dwindle due to global warming.

10 Comments   /   Read more >>
View Sarah Saylor's blog posts
14 March 2013, 2:57 PM
House “science” committee sorts it out
(Don Davis)

The news that a meteorite exploded over Russia in February has captured the attention of U.S. lawmakers on the House Science Committee, which has scheduled a hearing on the subject for March 19.

Rep. Rohrabacher (R-CA) is among the most interested parties, according to a story that ran in The Hill. And while he expresses great interest in NASA’s role keeping Near Earth Objects at bay, it is distressing to know that he doesn’t trust the same agency’s take on the need to protect the planet from human activities.

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View Chrissy Pepino's blog posts
12 March 2013, 2:11 PM
Be green: get rid of black
Black soot easily seen on ice formations in the Arctic.

Soot is melting the Arctic. Even scientists are alarmed with the disappearance rate of ice in the northern hemisphere. When soot falls on snow and ice it increases the amount of light and heat that is absorbed, just like any reflective surface. The Arctic is not alone in this unprecedented melting; the life-supporting snowpack in the Himalayas is also feeling the impact. Soot now has twice the heat-warming potential than previously thought, according to the Intergovernmental Panel on Climate Change (IPCC) estimates in 2007.

View Tom Turner's blog posts
12 March 2013, 11:19 AM
Documentary outlines modern environmental history

A stunning, inspiring new documentary film, A Fierce Green Fire, The Battle for a Living Planet, had its theatrical premiere in New York on March 1, and was scheduled for screenings across the country in following weeks. (View the full schedule.)

The film is in five acts, each narrated by a different person. Robert Redford starts with the beginnings of the modern movement, highlighting David Brower and the Sierra Club’s successful campaign to block construction of power dams in the Grand Canyon. Ashley Judd tells the story of Love Canal in New York and a neighborhood that had to be abandoned when residents—children in particular—began to become ill, even die, from toxic wastes buried beneath their homes and yards years before. Van Jones recounts the struggles by Greenpeace and the Sea Shepherd Society to end commercial whaling. Isabel Allende tells the tale of the Brazilian rubber tappers’ crusade to save their forest home, led by the martyred Chico Mendez. Meryl Streep ends with a hopeful recounting of the effort to stem global climate change.

View Jonathan Wiener's blog posts
11 March 2013, 12:48 PM
Your dryer is burning holes in your pockets
The average dryer costs more than $1,500 to run over its lifetime.  (DOE)

Few household appliances use as much energy or get replaced as rarely as clothes dryers. And unlike with most other household appliances, you won’t learn this when you are shopping for a new model.

The typical dryer uses more energy than the typical refrigerator, clothes washer, or dishwasher. But unlike all three of those products, dryers do not have to display yellow-and-black Energy Guide labels disclosing their energy costs.

Earthjustice is pushing to change this. Last week, we filed comments with the Federal Trade Commission calling for labels on clothes dryers.

FTC does not require labels for dryers because it decided years ago that most models tended to use roughly the same amount of energy. But that is no longer the case. An electric dryer costs more than twice as much to run as a gas dryer, enough to quickly wipe out the difference in purchase price. Even just among electric dryers, features like an automatic shut-off that accurately senses when the clothes are dry can lead to meaningful efficiency differences. And that’s before we consider the “heat-pump” models headed to the U.S. market.

View Debra Mayfield's blog posts
08 March 2013, 2:36 PM
University has a historic coal ash contamination problem
“Simply moving dangerous coal ash from one site to another contaminated site on campus is not being ‘Spartan Green.'"

My favorite aunt became a dean at Michigan State back in the early 1980’s. She was a role model for us all, assuming a level of power and influence that most women—especially African American women—had not been able access at that time. She, like many other students and faculty at the time, enjoyed the campus and resources it provided. But what she didn’t know was that the water that she drank, bathed in and used for cooking and cleaning and cleaning, may have been poisoned by toxic coal ash.

Last month, members of the Clean Energy Now Coalition, an alliance of nearly 50 environmental groups in Michigan aimed at educating citizens about the benefits of using clean, renewable energy, exposed the historical use of coal ash at Michigan State University and the dangers it poses to the health of students, faculty, and neighboring communities.

View Debra Mayfield's blog posts
08 March 2013, 10:32 AM
Tons of toxic, mostly unregulated coal ash, threaten state's lifeblood
Coal ash landfill at Florida's Stanton Energy Center, February 2012. (Angelique Giraud / CWA)

Though dubbed the Sunshine State, Florida’s lifeblood is water. With its wetlands, high water table, extremely porous soil and intricate ecosystem, the state's laws are intended to keep its water safe and clean, which is necessary for the state’s very survival.

Unfortunately, the state’s regulations are simply not good enough—especially when it comes to coal ash. Florida produces more than 8 million tons of coal ash each year, yet has one of the worst records in the nation for regulating it. There are no requirements in Florida for liners, siting design, maintenance, or groundwater monitoring for coal ash ponds; the permitting process for constructing coal ash landfills is almost non-existent. In fact, Florida is one of only two states that relaxed portions of its coal ash standards between 1988 and 2005. Something must be done, and Clean Water Action is doing it.

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View Jonathan Wiener's blog posts
07 March 2013, 9:01 AM
EnergyGuide and ENERGY STAR labels obscure impact of configurations and features
The addition of a through-the-door ice dispenser can make a big difference in a refrigerator's energy usage.

Would you give ENERGY STAR to a sport-utility vehicle? What about a sport-utility refrigerator?

As with fuel economy for cars, the most important factors affecting a refrigerator’s energy usage include size, design and features. Specifically, the location of the freezer section, the addition of an automatic icemaker, and the addition of a through-the-door ice dispenser can all make a big difference in a model’s energy usage. But the labeling programs designed to promote energy-efficient models instead hide these impacts.

Today’s Energy Guide labels for refrigerators compare energy use only among models that have the exact same configuration and features. ENERGY STAR works the same way, allowing products to carry the mark even if they have the least efficient combination of configurations and features.