Lisa Heinzerling

In the back and forth between climate skeptics and conservationists, we’ve clearly got two things on our side (although many of our foes would argue this): science and the law.

This point was clearly delineated during a panel discussing the congressional attacks on the Environmental Protection Agency (and the Clean Air Act and Clean Water Act) at the Society of Environmental Journalists conference in Miami last week.

“Those rules are required by law,” said Lisa Heinzerling, a Georgetown law professor who is a former EPA official and most notably argued the landmark Massachusetts v. EPA Supreme Court case.

Heinzerling was referring to several EPA rules that GOP lawmakers have taken aim at, among them one that would rein in pollution from cement plants, and another rule to curb pollution from industrial boilers.

Yes, we did it. For the past month several reporters have been asking us about our litigation plans following the EPA’s scrapping of a stronger ozone standard Sept. 2  as directed by the White House.

Today we represent the American Lung Association, Environmental Defense Fund, Natural Resources Defense Council and Appalachian Mountain Club in a petition filed against EPA Administrator Lisa Jackson and the U.S. EPA.

As a federal trial on the TVA Kingston coal ash disaster continues in Knoxville, some of our elected leaders in Congress are including the coal ash rule (already delayed due to heavy industry opposition) in a list of rules that will be analyzed - and likely even more delayed.

But more on that later.

The trial is in response to the December 2008 TVA coal ash disaster, which spilled more than 1 billion gallons of toxic coal ash sludge into the Emory River, rupturing a natural gas line, disrupting power and transportation, destroying three homes and forcing the evacuation of a nearby community. Nearly three years later, 230 plaintiffs are suing the TVA over property damage and the ill health effects caused by the spill.

Labadie, MO, coal-fired power plant

Last month, Missouri had the dubious distinction of being one of the 12 worst states when it comes to coal ash regulations. In a front-page article that has generated a lot of buzz, residents of Labadie, Missouri have justifiably come together to oppose a new 400-acre coal ash landfill at a site where an existing pond has been leaking – for nearly two decades.

In line with our report, the Missouri Department of Natural Resources has not even monitored groundwater contamination at the site, which is precisely the issue with residents – they are fearful that the lead, mercury, arsenic and selenium found in coal ash has made its way into their drinking water. But of course the Missouri DNR has no idea if it has, because it’s not required to keep tabs on whether coal ash has contaminated residents’ drinking water.

See why residents are so fearful of another coal ash pond?

Weak Bush-era ozone health standards will be maintained by the Obama administration.

In July, we were mighty disappointed when the Obama administration announced a fourth delay of the ozone rule. That disappointment is tenfold today after the Obama administration announced that it would not strengthen weak Bush-era ozone health standards. Instead the administration is going to maintain the status quo until at least 2013, which means thousands of Americans who suffer from lung and breathing diseases are at risk.

What a shame.

In his statement, President Obama mentioned the Environmental Protection Agency’s actions on the environment this year: reducing mercury from power plants and improving the fuel efficiency of our cars and trucks, as well as cutting pollution that travels interstate. While all of these environmental measures are needed, much more needs to be done. And the Obama administration knows this. The administration knows full well what a stronger ozone standard means: cutting ozone from the current 2008 standard of 75 parts per billion (ppb) to the new 70 (ppb) standard was estimated to save up to 12,000 lives, prevent tens of thousands of asthma attacks and hospital visits, and prevent hundreds of thousands of lost school and work days.

Residents protest outside Illinois Rep. Adam Kinzinger's office..

Illinois has the dubious distinction of being a state with one of the worst coal ash regulatory programs in the nation. But what is more outrageous is that no less than 11 Illinois congressmen are pushing to block the U.S. EPA from cleaning up coal ash in the state. Rep. Adam Kinzinger (R-IL) is among them. That’s why when the Prairie Rivers Network and Environmental Integrity Project released a report detailing the risk of coal ash contamination in Illinois,  and in Rep. Kinzinger’s district in particular, more than three dozen Joliet, Illinois residents and members of Mt. Zion Baptist Church protested outside of Rep. Kinzinger’s office. 

Illinois not only was profiled in the EIP/Prairie Rivers Network report, it also was featured in an Earthjustice report that listed the top 12 states with the poorest state coal ash regulations. With 68 operating coal ash ponds and 15 retired ponds that still pose a danger, Illinois ranks first in the nation in the number of coal ash ponds. Only about a third of these ponds are lined.  The ponds threaten the health of Illinois communities because at least 10 power plants with active ponds have “high” to “very high” potential to contaminate a drinking water source, according to a 2010 Illinois EPA assessment.  In fact, the Illinois EPA has found pollution— the same chemicals commonly found in coal ash-- in groundwater at all 22 coal ash ponds evaluated by the state agency.

The yellow Energy Guide labels tell consumers the estimated annual energy use and operating costs of new household appliances.

Thanks to action taken by the U.S. Department of Energy, American consumers are expected to save more than $21 billion (through 2043) on their utility bills as a result of new energy efficiency standards for home refrigerators and freezers. The new standards will improve the efficiency of these appliances by about 25 percent starting in 2014. An average American consumer is expected to save more than $200 in electricity bill savings over the lifetime of a typical refrigerator. Manufacturers, consumer groups and environmentalists, including Earthjustice, all worked together to come up with these new standards.

Aerial view of the 2008 TVA Kingston coal ash spill. (EPA)

Yes, we’re still waiting. And while we wait for comprehensive federal standards that regulate toxic coal ash, we have some more bad news about the state of states' coal ash disposal.

Rep. David McKinley (R-WV)

Today we’re gearing up for a vote on H.R. 2273, which is Rep. David McKinley’s (R-WV) attempt to give coal companies a get-out-of-jail free card.

Yesterday, House leaders in the Committee on Energy and Commerce discussed the nature of the legislation, which included much spirited back-and-forth dialogue. Among the highlights (and lowlights):

After the author of the bill, Rep. McKinley, threw around these categorically false statements, such as the declaration that coal is “no more toxic than the earth in your front yard” or “no more hazardous than the soil in our back yard,” it seemed that some House leaders just about had enough.

Rep. Edward Markey (D-MA) called the bill out for what it was: “It is a green-light pass for utility companies to dispose of their waste without regard to public health or the environment.”

House buried in Tennessee coal ash flood

We knew this was coming. After the drama this past winter we knew it was likely that the House had something else up their sleeves. Now this.

To break it down, both the Senate and the House must consider appropriations bills (that fund government agencies) and the House is up first. There are all types of anti-environmental goodies contained in this legislation. Coal ash is addressed in Section 434:

None of the funds made available by this Act may be used by the Environmental Protection Agency to develop, propose, finalize, implement, administer, or enforce any regulation that identifies or lists fossil fuel combustion waste as hazardous waste subject to regulation under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) or otherwise makes fossil fuel combustion waste subject to regulation under such subtitle.