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Clean Water Act

Spruce No. 1 mine.

Yesterday, citizens in Appalachia celebrated a huge victory in their fight to protect their families and communities from harmful mountaintop removal mining. In a sharp 15-page ruling, a panel of three Republican-appointed judges in the U.S. Court of Appeals for the D.C. Circuit unanimously upheld the Environment Protection Agency’s veto of the permit for the Spruce No. 1 mine, the largest proposed mountaintop removal mine in West Virginia.

A power plant located next to a waterway.

Coal-fired power plant pollution is contaminating our water, not just our air. Here’s how: when plants install scrubbers and other emission control devices onto smokestacks to capture air pollution, the chemical waste they pull from the air is then discharged into our waterways.

Not good.

This week a Senate committee will hold a nomination hearing for Gina McCarthy to replace Environmental Protection Agency Administrator Lisa Jackson.

Gina McCarthy, the EPA assistant administrator for air and radiation, is a sound choice for the job. Given her background and experience, the Senate should move expeditiously to confirm her.

Last week, the Environmental Protection Agency revealed that 55 percent of U.S. streams and rivers are in “poor” condition, according to its most recent national rivers and streams assessment. Following the release of that grim report, the EPA held a live Twitter chat to answer questions about our clean water protections and the state of our waters in the United States.

Earthjustice received some superb video today from Dutch Harbor, Alaska, of Shell’s beat up Arctic drilling rig, the Kulluk, as it was lifted onto a huge dry haul ship to be carried to Asia for repairs:

This comes on the heels of a report from the Department of Interior, which summarized  a 60-day investigation into Shell’s 2012 Arctic Ocean drilling season and was highly critical of the oil giant’s operations.

The technological advance of horizontal drilling was a game changer for the oil and gas industry. When oil and natural gas were previously being harvested, vertical drilling was the only way to extract the fossil fuel. With horizontal drilling, wells can now be fracked and re-fracked, at different depths and in all directions. By increasing the area of exploration for natural gas, many previously untouched landscapes are now being scarred due to the fracking boom.

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.

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.

Forty-one years ago, today, a dam holding 132 million gallons of toxic liquid coal waste ruptured high up in the mountains of West Virginia, loosing a tsunami-like death wave of coal waste and chemical sludge that destroyed 4,000 homes in 16 towns, injured more than 1,000 people, and killed 125. Seven bodies were never found. This remarkable Charleston Gazette series shares the stories of the people who were affected by this horrific tragedy.

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