Posts tagged: The Right to Breathe

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The Right to Breathe


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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.

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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.

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View Trip Van Noppen's blog posts
17 May 2013, 9:35 AM
Ambassadors from every state arrive en masse to buttonhole congress reps
The grassroots campaign involved ambassadors from every state, plus D.C. and Puerto Rico.

A few days ago, a fierce army invaded Washington, D.C. to ask our representatives for something very simple: restore our right to breathe clean air.

This modest proposal came from more than 100 “clean air ambassadors” who know the cost of dirty air all too well. Take Hilton Kelley from Port Arthur, Texas, which is home to more than five large refineries, six chemical plants and an incinerator. In his community, one out of every five households has a child suffering from asthma and other contaminated-air-related illnesses. One day, after having moved away from his home town years ago, he looked in the mirror and asked himself, “If I’m not going to do anything about the conditions in Port Arthur, how can I expect anyone else to?”

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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.

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View Daniel Hubbell's blog posts
27 February 2013, 7:42 AM
Mercury and Air Toxics Standards under industry attack
68% of African Americans live within 30 miles of coal fired power plants, our nation's worst toxic polluters.

Even in today’s divided political climate, taking a stance against mercury and arsenic in our air does not seem like it should be controversial. The gasses, along with other known toxics like chromium, cadmium and selenium are among 84 known air pollutants emitted every year by coal and oil fired power plants.

They have cost us dearly, resulting in as many as 11,000 premature deaths, 5,000 heart attacks and 130,000 asthma attacks annually. If we talk about the economy, these pollutants are responsible for 540,000 missed days of work. All this in addition to the terrible havoc these pollutants wreak on ecosystems.

It isn’t like this is a new problem, either. When the Clean Air Act was amended in 1990 it called for new Mercury Air Toxic Standards. A decade overdue, these standards have finally arrived to help us prevent such unnecessary suffering and pain. This is hardly an unprecedented step; the changes were based on protections many power plants had already enacted. All of this makes the barrage of lawsuits industry is filing to delay or dismantle these new standards more perplexing.

Against these legal assaults we are proud to stand alongside the NAACP and 16 other national and state medical, civil rights, environmental, public health and clean air groups.

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
30 December 2012, 9:20 PM
But EPA must not leave the job half done
Outgoing EPA Administrator Lisa P. Jackson.  (The National Academy of Sciences)

During her four-year tenure as administrator of the EPA, Lisa Jackson was a true champion for public health and environmental justice.

One of her greatest legacies is the Mercury and Air Toxics Standard, a rule that will help Americans breathe a little easier since it sharply limits the amount of mercury and other toxic metals that can be emitted by coal-fired power plants. The rule finally requires the capture of mercury, arsenic, hexavalent chromium, nickel, selenium and other heavy metals at the plant smokestacks.

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View Stephanie Maddin's blog posts
24 December 2012, 11:49 AM
Health of thousands put on hold by weak agency action
Alexandra Allred. (Chris Jordan-Bloch / Earthjustice)

“…My son's school would be named in a USA Today report as being in the upper 1 percent of the most toxic schools in the nation—the same school I butted heads with cement plant executives about being under the toxic plumes while children were at recess.”

– Alex Allred,
50 States United Clean Air Ambassador from Texas

We are taught as children to play fair and to follow the rules. Apparently, everyone doesn’t get the same life lessons. For communities in the shadow of cement plant pollution, the rules of engagement seem to change when it comes to Clean Air Act protections. Last week, the Environmental Protection Agency decided to both weaken and delay an already overdue standard to clean up toxic cement plant emissions.

The decision was legally indefensible with a federal court requesting small technical changes to the standard. These plants emit dangerous levels mercury, lead, dioxin, benzene and fine particulate matter (soot) and are responsible for up to 2,500 premature deaths each year.

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View Stephanie Maddin's blog posts
14 December 2012, 4:56 PM
Rule will save up to thousands of lives
Soot is composed of tiny microscopic particles that penetrate deep within the lungs often triggering respiratory harm and even premature death. (Chris Jordan-Bloch / Earthjustice)

No one likes to breathe dirty and polluted air. Unfortunately, for some communities there may be little to no choice.

But today, the EPA took a step in the right direction to clean up soot pollution and protect millions of Americans forced to breathe dirty air. Administrator Lisa Jackson announced a tightened standard that will limit soot pollution in many major metropolitan areas across the country, cleaning up the smokestacks and tailpipes that belch out this dirty pollution.

The current standard, set in 1997, is outdated, prompting our legal action against the EPA. Last year, we partnered with the American Nurses Association, Physicians for Social Responsibility, the Hip Hop Caucus, and the National Council of Churches to collectively call on Congress and federal regulators to protect citizens from preventable air pollution. This effort, dubbed 50 States United for Healthy Air educated stakeholders on the need for strong clean air protections for all Americans. Thankfully, some voices on Capitol Hill got the message and called on the EPA to set forth strong soot standards.

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View Raviya Ismail's blog posts
29 November 2012, 11:22 AM
Nearly two-thirds of those surveyed support standards
The microscopic size of soot allows it to lodge deep within the lung. (Chris Jordan-Bloch / Earthjustice.)

They have spoken! Nearly two-thirds of American voters are demanding stronger protections against one of the most dangerous and pervasive pollutants around: soot.

Today, the American Lung Association released results from a national survey of 942 registered voters, finding that support for these clean air protections is broad and deep, with strong majority backing even after hearing balanced messages on both aisles of the debate.

Now it’s time for the EPA and the White House to listen: on Dec. 14, 2012, the EPA will release final updated standards for PM 2.5 (soot). Earlier this year the EPA proposed updated clean air safeguards that will prevent thousands of premature deaths and take steps toward clearing hazy air in national parks.

The proposal came in response to legal action filed by Earthjustice on behalf of the Lung Association and the National Parks Conservation Association.

The polling specifically finds that 62 percent of voters favor the proposal, compared to 30 percent who oppose it. Nearly 40 percent of voters strongly favor the standards, while only 20 percent express strong opposition.

ALA poll results.

A survey by ALA found broad and deep support for stronger soot standards.
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View Daniel Hubbell's blog posts
20 November 2012, 2:37 PM
Cancer-causing chemical threatens lungs of many
Chromium plating facilities emit high levels of the carcinogen into local communities.  (Neal Sanche)

Chromium shows up in surprising places in modern society—most notably on car bumpers and furniture to improve how they look. Too often, the facilities that do this kind of plating put the carcinogen hexavalent chromium into the air in local communities where they operate.

The highly toxic chemical was made infamous by Erin Brockovich’s work on a California case where hexavalent chromium leaked into a town’s drinking water. The case resulted in action against Pacific Gas and Electric Company, which settled for several hundred million dollars. Yet that case has hardly been the only incident, or the only way, that hexavalent chromium from these facilities can affect people’s health.

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