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 Daniel Hubbell's blog posts
23 January 2013, 1:36 PM
Strikes EPA rule that allowed for more soot pollution
Soot blackens the walls of a Pennsylvania residence neighboring a coal-fired power plant.
(Chris Jordan-Bloch / Earthjustice)

The mention of soot conjures images of black clouds pouring out of unfiltered cars, or of cities lost in dark fog. At times in our history, soot pollution has helped stain entire ecosystems black, famously causing moths in Britain to change color from white to black to better hide in their environment. These images are well-deserved: soot is dangerous to both humans and the environment.

The Environmental Protection Agency blames soot for tens of thousands of premature deaths and hospitalizations every year in the United States; and according to a new study published in the Journal of Geophysical Research, a soot component—black carbon—is the second largest contributor to climate change, coming in just behind carbon dioxide.

Given how dangerous this soot pollution is, we are very pleased with a recent ruling by the U.S Court of Appeals for the District of Columbia.

View Raviya Ismail's blog posts
22 January 2013, 2:34 PM
Supreme Court refuses to review case that upheld limits to SO2 emissions
The U.S. Supreme Court has kept the life-saving sulfur dioxide standard intact. (Mark Fischer)

We were thrilled in July when the U.S. Court of Appeals for the District of Columbia Circuit ruled to uphold a clean air standard that limits dangerous intense bursts of sulfur dioxide pollution from power plants, factories and other sources. Sulfur dioxide is a pretty nasty agent that causes a variety of adverse health impacts including breathing difficulties, aggravation of asthma and increased hospital and emergency room visits for respiratory illnesses.

Today our lungs have an even better reason to rejoice: the Supreme Court has refused to review the appeals court decision, keeping the standard intact.

View Lisa Evans's blog posts
22 January 2013, 9:07 AM
GOP sponsors press CRS to change its unfavorable report on coal ash bills
Sen. Chuck Schumer (D-NY)

The Congressional Research Service, the non-partisan research arm of the Library of Congress, drew anger from two legislators after it issued an unfavorable report on their coal ash bills (S. 3512 and H.R. 2273). Sen. John Hoeven (R-ND) and Rep. David McKinley (R-WV) have aggressively pursued the CRS since early December, after it gave both bills a failing grade, finding their weaknesses “unprecedented” in environmental law. The CRS concluded in no uncertain terms that the bills lack a clear purpose and cannot ensure state standards “necessary to protect human health and the environment.”

In light of CRS’ unfavorable legal analysis, the reasonable course for Hoeven and McKinley was to redraft their bills—but instead they demanded that the CRS redraft their report. This is not the first time in recent months that Republicans have played this game.

View Trip Van Noppen's blog posts
18 January 2013, 4:21 PM
The silence is broken, now is the time to act

On Monday, President Obama’s inauguration will officially mark the beginning of his second term, and with it his second chance at finally taking strong action on one of the most important issues of our time, climate change.

Two months ago, on the night of his re-election and in front of an audience hopeful to move forward on so many issues, the president brought climate change back to the forefront of the nation’s mind by listing it as a top priority for his second term. Now, President Obama must go beyond the mere mention of the issue and use his bully pulpit to make the connection between carbon pollution and extreme weather. Just as Franklin Delano Roosevelt used his first inaugural address to declare war on the Great Depression, Obama must use his own confirmation to declare war on another societal ill that threatens to destroy life as we know it.

Of course, the president’s rhetoric will mean nothing if it is not backed by concrete actions in the next four years. And the time for action couldn’t be more urgent.

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View Kari Birdseye's blog posts
18 January 2013, 4:05 PM
Industry not ready for offshore drilling in treacherous waters
Shell drill rig grounded near Kokiak Island. (U.S. Coast Guard photo by Petty Officer 2nd Class Zachary Painter)

As Royal Dutch Shell continues to make perfectly clear, industry is not prepared to safely explore for oil in the pristine waters of America’s Arctic. Shell’s Arctic operations have been called the “gold standard” of the oil industry and if this is the best they’ve got, the industry is not Arctic ready.

Beyond the arguments of the Arctic being a harsh, dangerous, infrastructure-less environment, the question remains, does it make economic sense to drill for oil in this remote region now for barrels of oil in 10 years? In 12 years, cars will be averaging 54.5 mpg. Energy efficiency and a growing renewable fuel market are also making headway. U.S. oil production hit its highest level in 20 years in 2012 and it is projected to increase an additional 14 percent this year—without the extreme oil of the Arctic. In 10 years, will Americans need the extreme oil of the Arctic that Shell is so desperately seeking?

187 Comments   /   Read more >>
View Kathleen Sutcliffe's blog posts
18 January 2013, 11:21 AM
Earthjustice attorneys in court to expose industry secrets
Tap water is lit on fire, as seen in the fracking documentary Gasland.

New uncovered documents show that fracking company Range Resources persuaded the Environmental Protection Agency to drop its investigation into water contamination of a Texas home—in spite of the fact that preliminary testing showed that the company could have been responsible for cancer causing benzene and flammable methane in the family’s drinking water.

Take the time to read this very well-reported exclusive from Associated Press. It’s nothing short of infuriating to hear how industry and regulators colluded and hid the truth from this family—and the American public. From the AP article:

For Steve Lipsky, the EPA decision seemed to ignore the dangers in his well, which he says contains so much methane that the gas in water pouring out of a garden hose can be ignited.

"I just can't believe that an agency that knows the truth about something like that, or has evidence like this, wouldn't use it," said Lipsky, who fears he will have to abandon his dream home in an upscale neighborhood of Weatherford.

8 Comments   /   Read more >>
View Brian Smith's blog posts
17 January 2013, 3:34 PM
Activists demand Clean Water Act enforcement statewide
Green slime in Florida waterway. (Richard Solveson)

Clean water activists showed up in force today at the first of two EPA meetings in Tampa to discuss setting limits on water pollution that comes from fertilizer, animal waste and sewage effluent. These “nutrients” feed toxic, slimy algae outbreaks. Toxic slime can kill fish and make people and pets sick.

View our collection of Florida slime photos.

After years of legal wrangling, the EPA agreed last November to establish limits that protect 85 percent of Florida’s waters, with the Florida Department of Environmental Protection (DEP) regulating the remaining 15 percent. But the EPA has recently hinted they may turn the entire job over to the state—thus the outrage.

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View Lisa Evans's blog posts
15 January 2013, 8:37 AM
Toxicologist suggests nation's children can eat toxic ash
Water that has come into contact with coal ash has been found to contain poisonous levels of arsenic, lead and other pollutants at more than 200 sites across the nation.

In Missouri, rape apparently does not cause pregnancy, and it’s OK for children to eat coal ash.

When Missouri Republican Todd Akin said last August that “legitimate rape” rarely results in conception, the congressman caused quite a stir—and this offensive nonsense, broadcast coast to coast, likely cost him a Senate seat.

More provocative baloney was recently heard in Missouri—this time from toxicologist Lisa Bradley about the safety of children eating coal ash—the waste produced by burning coal.  Never mind that coal ash contains an alphabet soup of toxic trash, such as arsenic, hexavalent chromium, lead, mercury and a dozen other hazardous metals, Dr. Bradley testified at a public hearing in Union, MO that “a child could consume coal ash every day and have no increased exposure to arsenic.”

Dr. Bradley is a vice president and senior toxicologist at AECOM, a prominent international consulting firm that has received numerous contracts to investigate coal ash sites, including controversial investigations of the Kingston TVA disaster and the Town of Pines Superfund Site.

3 Comments   /   Read more >>
View Jessica Knoblauch's blog posts
10 January 2013, 12:02 PM
Plus: New FDA food rules and record-breaking heat waves
A collection of plastic washed up along a beach San Francisco, Calif. (Kevin Krejci / Flickr)

Tiny plastics clog the world’s oceans
By now we all know about the Great Pacific Garbage Patch—a giant mess of trash in the ocean—but in turns out that the world’s oceans are also full of tiny plastics, reports CNN. These so-called microplastics are used in everyday products like exfoliating face soaps and hand cleansers to give you that just-scrubbed feeling without taking a Brillo Pad™ to your face. But despite their tiny nature, microplastics may be wreaking havoc on marine life that unsuspectingly swallow these plastic bits floating in the ocean. One 2008 study even found that these tiny particles can hang out in the bodies of mussels for almost two months, though scientists don’t know yet if they cause any harm (mostly because of a lack of research on the issue). And, because they stick around the environment for a long time and can’t easily be dredged out, the plastic pollution problem is only going to get worse. According to one researcher, there has been a 100-fold increase in plastic garbage over the last 40 years. Personal product companies like Unilever are responding to the problem by phasing out the use of microplastics as a scrub material in its products. So, you may soon have to find another way to get your scrub on.

FDA takes bite out of food illnesses with proposed rules
After years of deadly outbreaks from contaminated spinach, peanut butter and other foods, the Food and Drug Administration recently proposed sweeping food safety rules to prevent contamination of the nation’s food, reports the LA Times. Each year, a shockingly high number of people fall ill from a food-borne illness—about one in six Americans—and of the people who get sick, 3,000 die. Historically, the FDA’s approach to food safety has been to wait until there’s a problem and then scramble to fix it. Now, in order to stem the tide of foodborne illnesses before they occur, the FDA’s Food Safety Modernization Act will take a more preventative approach by stepping up federal audits of food facilities and establishing science-based, minimum standards for the safe production and harvesting of fruits and vegetables. Though the Act is the most sweeping reform of FDA’s food safety authority in more than 70 years, the rules, unfortunately, won’t come any time soon since large farms have more than two years to comply with the final rules once they’re published and small farms have even longer. Bon appétit!

View Jessica Ennis's blog posts
08 January 2013, 5:04 PM
Salazar announces 60-day investigation
Kulluk, grounded off the coast of Alaska on Jan. 3, 2012.  (U.S. Coast Guard)

Today, the Department of the Interior announced a 60-day assessment of the 2012 drilling program in the Arctic Ocean.

Earthjustice legislative representative Jessica Ennis issued this statement:

A review of Arctic Ocean drilling is the only reasonable option, given the continuous parade of mistakes in Shell’s operations. However, that review must be thorough, independent and cannot pre-judge the outcome.

Critically, the outcome of the investigation should not be pre-ordained. We are troubled by the administration’s statement announcing the review alongside their commitment to drilling in frontier areas when Shell’s exploration for oil in Arctic federal waters continues on a parade of errors. The 2012 Arctic drilling season was characterized by mistakes. Just about everything that could go wrong, short of an oil spill, has gone wrong during Shell’s program.

Among the mistakes, Shell lost control of its drillship the Noble Discoverer, the same ship that is now under investigation by the Coast Guard Investigative Service. Its other drillship, the Kulluk, began 2013 grounded near a remote Alaskan island after losing its tow lines. Previously, its oil spill containment dome failed its sea trial “crushed like a beer can” in placid waters off Washington state.

These failures are the subject of the investigation just announced.

The secretary should not place an arbitrary 60-day time limit on the review. A robust investigation should begin, without a deadline, and not be complete until the cause of each problem is found. And Arctic Ocean drilling should be halted in the meantime. The administration must take a step back and take a hard look at 2012 operations before making any decisions regarding not only how but whether drilling in the Arctic Ocean should proceed.

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