Trip Van Noppen's Blog Posts

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Trip Van Noppen's 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.

Trip Van Noppen is Earthjustice's President who leads the organization's staff, board and supporters to advance its mission of using the courts to protect our environment and people's health. Growing up near the Linville Gorge and the Great Smoky Mountains in western North Carolina, he developed both a love of the natural world and a passion for fighting economic and social injustices. He feels that doing this work at Earthjustice, with its national and international impact, is the opportunity of a lifetime. When he is not working at Earthjustice, he loves to hike, see great theatre and be with loved ones.
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17 June 2010, 10:46 AM
President Obama must turn words into action on clean energy

"The tragedy unfolding on our coast is the most painful and powerful reminder yet that the time to embrace a clean energy future is now."

President Obama's words, delivered from the Oval Office on Tuesday night, read like a clear call for national unity as we gather strength to turn the corner to a new, better America. But at this point, they are only words. What we need is action.

Americans are clamoring for it: 71 percent think President Obama and Congress should make the development of clean energy sources a high priority. Based on his speech—"The one approach I will not accept is inaction"—the president appears to be among those numbers. But ultimately, Obama needs to follow his own decree.

The president must outline in far greater detail the clean energy future he says we must embrace, and then he needs to demand that Congress implement. Saying we need that future "even if we're unsure exactly what that looks like" and "even if we don't yet know precisely how we're going to get there" is merely mincing words.

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09 June 2010, 1:29 PM
Vote down Sen. Murkowski's resolution to bail out big polluters
Sen. Lisa Murkowski (R-AK)

Yesterday the White House took a firm stand against an effort to undermine the 40-year-old Clean Air Act, reverse a Supreme Court decision, and block the federal fuel efficiency standards that were finalized this past spring, which will reduce the nation's consumption of oil by at least 455 million barrels.
 
The effort at hand is a seldom-used congressional "Resolution of Disapproval" by Sen. Lisa Murkowski (R-AK), on the Senate floor for a vote tomorrow, June 10. The resolution, which was influenced by oil- and polluter-industry lobbyists, is at the center of a fury of political positioning and partisan politicking. Its purpose is to block the EPA's ability to regulate greenhouse gases, authorized by the Clean Air Act and reaffirmed by the 2007 Massachusetts v. EPA Supreme Court decision.
 
In an official statement yesterday, the White House threatened to veto the resolution if it is passed by the Senate tomorrow. Meanwhile, Sen. Murkowski and her Republican allies held a press conference to solicit public attention and support for this vote. The rest of the Senate and, more importantly, the public, should see through their smoke-and-mirrors routine. After all, the connection between reducing our national dependence on oil and controlling fossil fuel pollution are two sides of the same coin.

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27 May 2010, 8:11 AM
President gives reprieve from exposing Arctic to oil spill potential

Over the last month, while oil spilled in the Gulf of Mexico has poisoned thousands of square miles of waters, coasts, fish and wildlife, there has not been much occasion for celebration. Today, there is finally some good news.

The Obama administration's announcement to pause plans by the Shell Oil Company to drill in the Beaufort and Chukchi seas in America's Arctic Ocean means these pristine, fragile ocean waters will remain protected for now. Endangered and threatened bowhead whales, polar bears, seals and other wildlife will survive. The Native communities that rely on the bounty of the Arctic Ocean will not face the threat of Shell's operations. No oil will be spilled by Shell and no catastrophic disaster like the one currently happening in the Gulf of Mexico will occur.

This is a victory driven by all of you who saw what was happening in the Gulf and took action to make sure it didn't happen in the Arctic. Your calls and emails made a difference.

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19 May 2010, 11:35 AM
President must step in to prevent Arctic from being next victim

Revelations flooding out of the Gulf oil spill disaster provide damning evidence about the main federal agency tasked with regulating offshore oil leases. Corrupted by its closeness to the oil industry and lax oversight from political leaders, the Minerals Management Service allowed British Petroleum to drill under risk-heavy circumstances, in waters too fragile to sustain a major spill, without an adequate plan to keep a spill from being catastrophic.

Sec. of Interior Ken Salazar is taking small steps to address the inherent conflicts of interest that have crippled the MMS mission, but much more is needed. Most immediately, decisions MMS already has made must be dealt with -- especially with regard to the Arctic Ocean.

Direct intervention from the president and the secretary of interior are needed to prevent the potential for another Gulf disaster from spreading to America's Arctic Ocean, where Shell Oil—with a plan approved by the MMS —is poised to begin drilling this summer. If you think you've heard the president say that there will be no new drilling until the cause of the Gulf blow-out is understood, think again. So far, there has been no reconsideration of the permits to drill in the Arctic this summer.

The reasons for intervention are twofold. First, marine scientists agree that drilling's impacts on the Arctic Ocean have yet to be adequately studied. The Chukchi and Beaufort seas, where the drilling would take place, are among the world's most remarkably wild places; home to many animals, fish, and the native people who depend on them. We have a responsibility to ensure that these American treasures won't be spoiled in the event of a large oil spill like the one unfolding in the Gulf of Mexico.

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18 May 2010, 3:27 PM
Life-saving Clean Air Act protections are not bargaining chips

Last week, Senators John Kerry (D-MA) and Joe Lieberman (I-CT) released a long-awaited discussion draft of their climate and energy bill, the American Power Act. Among the bill's big giveaways to polluters was a surprise invitation to exempt dirty old power plants from clean-up requirements for soot, smog, and toxics such as mercury.

To be clear, this attack on the Clean Air Act goes well beyond controversial waivers of EPA authority to regulate greenhouse gases. It undercuts safeguards that are slated to save tens of thousands of lives every year. This sweetener for coal plants is poisonous for Americans.

Every year, soot from coal plants kills an estimated 24,000 people and causes hundreds of thousands of cases of asthma and other serious illnesses, especially in children. The vast majority of this suffering, including 90 percent of premature deaths, is preventable with the installation of available, cost-effective pollution controls. However, power companies have managed, often illegally, to keep running dirty coal plants for maximum profit.

Finally, after years of court battles to enforce the Clean Air Act, we are on the verge of a solution. The Environmental Protection Agency is poised to set protective standards that would force long overdue clean-ups. By 2020, EPA estimates that emission reductions from effective implementation of the Clean Air Act will save us $1.2 trillion per year in mortality costs alone.

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04 May 2010, 12:42 PM
In wake of gulf oil spill, Obama must protect Arctic seas from drilling

In just two months, Shell Oil could do in America's Arctic Ocean what British Petroleum has done in the Gulf of Mexico—drill an environmental time bomb without being able to defuse it or deal with the consequences of it going off.

In both cases, we're talking about exploratory offshore oil drilling under conditions so extreme that the risks are unreasonable and the consequences severe.

For gulf coast residents, the impact of BP's exploratory oil drilling explosion is tragic: 11 drill workers lost their lives, fishermen are losing their livelihoods, and the impacts are increasing daily. Two weeks later, the environmental consequences are building offshore in an oil mass the size of Puerto Rico. Growing daily by more than 200,000 gallons, the oil is killing sea birds and attacking the habitat of more than 400 animal species. It threatens four coastal states and could become—in the words of President Barack Obama—an unprecedented environmental and economic disaster.

We can't afford to witness another such disaster in the Arctic, where exploratory drilling has been greenlighted by the Obama administration and could begin as early as July 1.

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20 April 2010, 10:30 AM
EPA embraces science and the law in two strong actions

In Appalachia, moving mountains is easy. What's hard is keeping them where they are. Coal companies have used dynamite's muscle to blast hundreds of the earth's oldest summits into neighboring valleys, permanently altering the landscape. But two recent developments are shaking the foundations of mountaintop removal mining, signaling that perhaps, at long last, what's moving is the mountain of science and law that compels the end of this destructive practice.

In late March, the Environmental Protection Agency took dramatic action in proposing to veto a permit issued by the U.S. Army Corps of Engineers for the Spruce No. 1 mine in West Virginia—one of the largest mountaintop removal projects ever approved—on the grounds that mine operations would violate the Clean Water Act. The action was presaged by an Earthjustice lawsuit filed in 2007 that challenged approval of a Clean Water Act permit for the mine for failing to follow science and the law.

If the EPA does veto the permit, the agency's invocation of the Clean Water Act to curtail operations at the Spruce mine will be an important victory. It could have broader repercussions on mountaintop removal in general. (The agency is currently accepting public comments on the veto proposal. You can take action by telling EPA to follow through with the veto and enforce the Clean Water Act.)

But the good news doesn't end there.

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18 March 2010, 10:59 AM
Cartoon-style confrontation in Hawaii is no laughing matter
Photo credit: The Simpsons, "Who Shot Mr. Burns?"

In a popular Simpsons episode, the diabolical Mr. Burns builds a giant disc to eclipse the sun and force Springfield's residents into round-the-clock reliance on electricity from his power plant. It's pitch-perfect cartoon sarcasm, but with a foot firmly in reality: the fledgling U.S. solar industry faces an array of Burnsian obstacles to its growth across the country.

In Hawaii, for example, Earthjustice is taking on a blatant effort by the state's largest utility to block homes and businesses from installing rooftop solar panels, a move that could strangle Hawaii's burgeoning homegrown solar industry, prevent residents and businesses from saving money, and keep the state addicted to imported oil.

If there is anywhere that should be blazing the trail to a clean energy future, it is Hawaii. The islands are blessed with abundant sun, winds, and waves, yet today rely on imported fossil fuels for more than 96 percent of their energy. Hawaii consumers pay the highest electric rates in the nation. The state is trying to chart a new course, but the utility is resisting change and fighting to limit solar access to the local grid.

In so doing, the Hawaiian Electric Company (HECO) is holding back much more than just Hawaii. It is hindering an important experiment with solar energy that could provide valuable information to consumers, entrepreneurs, utility owners and policymakers throughout the United States.

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04 March 2010, 11:29 AM
It's time to break industry stranglehold on clean water legislation

A year ago, the 111th Congress looked like a friend to those who care about clean water. I praised Senators Russ Feingold (D-WI), Barbara Boxer (D-CA), Ben Cardin (D-MD) and others back then for introducing legislation that would restore teeth to the Clean Water Act.

Things moved swiftly as a compromise version of this bill, the Clean Water Restoration Act, passed through the Senate's Environment and Public Works Committee last June. Attention then shifted to the House side, where Transportation and Infrastructure Committee Chairman Jim Oberstar (D-MN) was expected to reintroduce the bill by early autumn.

But, despite promises for quick action, we still do not have a bill in the House. And momentum on strengthening clean water protections has slowly diminished under the weight of industry pressure.

Until now.

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17 February 2010, 4:30 PM
Historic litigation may shine light on toxic ingredients

Do household cleaners contain ingredients linked to asthma, nerve damage and other health effects? Manufacturers aren't telling, but Earthjustice attorney Keri Powell may have uncovered the key to their pursed lips.

While investigating a potential legal strategy, Keri found buried in the pages of a book of New York State statutes a long-forgotten law authorizing the Commissioner of the New York State Department of Environmental Conservation to require household cleaning product manufacturers to disclose their chemical ingredients and information about the health risks they pose. In other words, pay dirt.

State regulations issued in 1976 made these disclosures mandatory. Such laws are practically nonexistent in the United States, and the New York law has been altogether overlooked.

Until now.

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