Posts tagged: congress

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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 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 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.

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View Patti Goldman's blog posts
27 December 2012, 11:46 AM
America was well-served by her staunch efforts
Lisa P. Jackson has announced that she will be stepping down from her position in January 2013.

Earthjustice is saddened by today's announcement that Lisa Jackson is stepping down as administrator of the Environmental Protection Agency.

America owes Lisa Jackson a debt of gratitude for her work to protect the public's health from polluters and their allies in Congress. For her efforts to clean up pollution and better protect the environment and public health, she faced a steady barrage from members of Congress and the industrial polluters who back them. Her detractors are the same people who told us taking lead out of gasoline in the 1970's would break the economy and that taking acid out of acid rain in the 1990's would ruin the country. In both cases, the environment and economy were strengthened and this is the approach Lisa Jackson took. There is a lot of unfinished business started by Jackson that the next EPA director will need to attend to. Whoever it is, they'll need the support of the President and they'll need to be ready for a non-stop barrage of attacks from the chemical, industrial and fossil fuel industries and their allies in Congress.

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View Lisa Evans's blog posts
18 December 2012, 9:39 AM
S.3512 fails to ensure protection of public health, safety
CRS found that S.3512's and H.R.2273's weaknesses are “unprecedented” in environmental law.

The Congressional Research Service, dubbed the U.S. Congress’ 'think tank', recently released an authoritative analysis of S.3512 and—to the dismay of the bill’s stalwart sponsors—it’s a bust. CRS, a department of the Library of Congress and nonpartisan research tool for the House and Senate, recently weighed in definitively on the Senate and House coal ash bills, S.3512 and H.R. 2273, and concluded that the bills’ weaknesses are “unprecedented” in environmental law.

CRS found that the bills lack a clear purpose and would not ensure state standards “necessary to protect human health and the environment.” These bills—one passed by the House in October 2011 and the other now pending in the Senate—would prevent the EPA from ever setting federally enforceable safeguards for the disposal of toxic coal ash.

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View Trip Van Noppen's blog posts
14 December 2012, 5:39 PM
Earthjustice set to make 2013 the year to powerfully engage climate change

Earthjustice has just won two major victories over fossil fuels that strengthen our resolve to make 2013 the year America turns from these dirtiest of energy sources and moves towards a clean energy future—the only real solution to climate change.

On Friday, the Environmental Protection Agency reacted to Earthjustice legal action by adopting drastic limits on the amount of soot poured out from coal-fired power plants and tailpipes. This powerful achievement will save thousands of lives a year and slow climate change by reducing pollution that accelerates sea ice melt.

And, a few weeks ago, we learned that the Danskammer coal-fired power plant, one of New York’s dirtiest polluters, will be retired and torn down. Recent Earthjustice legal action helped bring about this happy outcome, aided by flooding from superstorm Sandy, a storm made fiercer by the climate-changing emissions from coal power plants like this one.

But we aren’t basing our climate change plan on more poetic justice. Our plan for tackling climate change is based on the kind of justice we had great success in achieving this year through the courts and the political system.

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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 Daniel Hubbell's blog posts
13 December 2012, 10:39 AM
Moapa Band of Paiutes blaze a trail to clean energy and better health
Vickie Simmons, a tribal member, stands in front of Reid Gardner Power Station.  (Chris Jordan-Bloch / Earthjustice)

In his address at the Tribal Nations Conference, President Obama spoke with his usual eloquence about invigorating growth on tribal lands, and the perfect example of this new growth is the Moapa solar project on the Moapa River Indian Reservation. Situated just 30 miles north of Las Vegas, the site will generate up to 350 megawatts of clean, renewable energy. It highlights in many ways the future of the nation’s energy supply, and unfortunately the Paiute Indians themselves know the industry’s cloudy past.

Just next to the reservation is the Reid Gardner Power Station. This coal-fired power plant generates more than just electricity; it produces more than 4,000 tons of toxic, arsenic-laden coal ash every year. This waste is stored in landfills near the power station, but often it does not stay there. On bad days, the wind sends the ash sweeping into the reservation, a condition some tribal members compare to a sandstorm. Locking the doors and staying inside is the only recourse on these bad days, and even that has not protected the Moapa Band of Paiutes. The locals have plenty to say about their health, ranging from headaches and dizziness to asthma and even serious heart conditions. The almost-50-year-old belching coal plant has plenty to answer for.

Still, the Moapa Paiutes are determined to show the world that there is a better way forward.

View Jared Saylor's blog posts
30 November 2012, 12:14 PM
Defends DoD Bill against unrelated Hoeven Coal Ash Amendment
Sen. Boxer takes a stand against false rider tactics.

Some members of the Senate believe it’s acceptable to write up legislation to prevent the EPA from regulating toxic coal ash—and then attach it to a completely unrelated bill.

They tried unsuccessfully earlier this summer to put it into must-pass legislation that would help maintain and improve our nation’s highway infrastructure. They’re considering including it as a “rider” on the pending “fiscal cliff” bill. They even talked about putting it on a spending bill for the Department of Defense.

It seems some senators know no bounds on allowing polluters to continue dumping this waste—filled with arsenic, lead, mercury and more—into unlined and unmonitored ponds and landfills next to coal-fired power plants. Already, coal ash has polluted lakes, rivers, streams and aquifers at nearly 200 sites across the country.

But yesterday, one senator made clear that she’s not willing to allow dangerous environmental riders onto unrelated legislation.

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View Lisa Evans's blog posts
28 November 2012, 1:16 PM
Lawmakers are leading nation to environmental cliff
More than a hundred million gallons of coal ash slurry were released when a coal ash dam failed, flooding Buffalo Creek Valley in West Virginia.

In the aftermath of a major catastrophe, lawmakers and regulators should be held accountable to create new safety protocols to avert future disasters. Incidents like the Cuyahoga River catching fire and the Exxon Valdez oil spill prompted changes in how we protect our nation’s waters from industrial chemicals. The Buffalo Creek disaster in West Virginia in 1972 likewise prompted changes to the regulation of dams storing toxic materials. Similarly, we must demand changes to how coal ash is handled, following the largest toxic waste spill in our nation’s history—the spill in Kingston, Tennessee in December 2008, which will have its fourth anniversary in a few weeks.

Former Director of the National Mine Health and Safety Academy Jack Spadaro remembers the Buffalo Creek disaster and knows that its grim legacy still casts a shadow today.

View Trip Van Noppen's blog posts
17 November 2012, 7:47 PM
It's back on Obama's agenda, along with "all of the above"
President Obama, on election night.  (Christopher Dilts)

Life doesn’t hand you many second chances to make good on promises.

But that’s what the American public, with an assist from superstorm Sandy, has given President Obama: another 4-year opportunity to tackle climate change—the critical environmental issue of our time. He’s now talking about the issue again, after two years of near-silence, and just a few days ago spoke of “an agenda that says we can create jobs, advance growth and make a serious dent in climate change.”

President Obama's words aren't quite as bold as those he made four years ago about attacking climate change, but they give us hope that climate change has become a politically viable issue—especially when seen in the context of the election.

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