|Diazinon: Threat to Public Health||
Diazinon is a dangerous organophosphate pesticide that poisons farmworkers, children, bystanders, fish, birds, and wildlife. EPA found health risks for diazinon, yet approved its continued use without requiring mitigation to reduce those risks and without ensuring that there are no unreasonable adverse effects, as required by federal pesticide law. This is especially true for impacts to children and agricultural communities from drift and run-off. EPA also failed to initiate or complete consultation on the impacts of diazinon to threatened and endangered species.
Earthjustice has filed suit to compel EPA to follow the law and reassess the threats this pesticide poses to the public and the environment.
|Halting Phosphate Strip Mining in Pristine Wetlands of Central Florida||Phosphate strip mining has devastated the Upper Peace River Valley in Central Florida. Over a hundred thousand acres of wetlands and hundreds of miles of streams have been destroyed by mining activities. Now, Mosaic Phosphate Company, which owns over 300,000 acres of land that it hopes to mine, is attempting to expand into previously unmined areas farther down the Peace River Valley. One of these mines is the 2367-acre Altman Tract which is located in the headwaters of one of the major tributaries of the Peace River.|
|Setting Sewage and Animal Waste Limits||The Clean Water Act puts pollution limits on lakes and streams to protect their uses for drinking water, recreation, and fish and wildlife habitat. Earthjustice has sought to force the Environmental Protection Agency to create effective water quality standards.|
|Brookfield Landfill: Cleaning Up a Toxic Dump||
Between 1974 and 1980, tens of thousands of gallons of toxic industrial waste were dumped illegally at the Brookfield landfill in Staten Island. It was one of five New York City landfills involved in a 1982 federal investigation into illegal dumping which sent a city Department of Sanitation official and a hauling operator to prison. While cleanup has concluded at the four other landfills involved in the 1982 investigation, work still has yet to begin on the Brookfield site in Staten Island.
Earthjustice is representing Staten Island residents in a lawsuit against the city of New York to force the cleanup of this abandoned toxic waste dump.
|Highwood Power Plant Challenge||
Earthjustice, on behalf of local conservation groups, challenged state and federal authorizations for the Highwood Generating Station, a 250-MW coal-fired power plant proposed by a small group of eastern Montana electricity cooperatives known as the Southern Montana Electric Generation and Transmission Cooperative. Earthjustice also challenged a $600 million federal subsidy of this power plant -- a power plant that would produce pollutants and greenhouse gases for decades to come.
This proposed plant would have been built on top of one of the last preserved campsites of the Lewis and Clark Expedition, and the National Park Service has reported that its destruction would represent "an irreparable loss to the national heritage of our country."
In February, 2009, the backers of the plant announced that they are reversing course and will instead build natural gas and wind energy facilities, and in August, 2009, the Montana Department of Environmental Quality revoked the air quality permit for the plant.
|Coalbed Methane Gas & Coal Mining Development in Flathead River Basin||
The Flathead River flows from British Columbia south into Montana and forms the western boundary of Glacier National Park. Coalbed methane gas extraction and open-pit coal mining in the Canadian headwaters of the Flathead River threaten to fragment the Flathead's abundant habitat for grizzly bears, wolves, and wolverines, and to pollute the river's pristine waters.
Earthjustice submitted petitions to the appropriate international agencies to seek to protect this special river and its surrounding habitat, and in 2010, British Columbia, in partnership with the state of Montana, has agreed to ban mining, oil and gas development, and coalbed gas extraction in the valley.
|EPA Water Transfer Rule||
In our Lake Okeechobee backpumping case, a federal district judge ruled in December 2006 that the South Florida Water Management District must comply with the Clean Water Act by obtaining permits for its discharges of polluted water into the lake.
In response to our court win, the EPA has issued an administrative rule that would grant an exception to the requirement for permits which would allow water transfers between heavily polluted waterways into pristine bodies of water, including drinking water supplies. This rule would not only effect Florida and Lake Okeechobee, but all waters nationwide. Water management districts throughout the nation could spread toxic algae blooms, introduce invasive species, chemicals, and other pollutants by these unregulated water transfers.
Earthjustice is challenging this rule.
|National Smog Standards||
Earthjustice is fighting for stronger limits on ozone or smog -- pollution linked to premature deaths, thousands of emergency room visits, and tens of thousands of asthma attacks each year. Ozone is especialy dangerous to small children and senior citizens, who are often warned to stay indoors on polluted days. Smog pollution can also severely damage forests and plants, stunting their growth and increasing the risk of die-off from disease. Unfortunately, smog standards recently adopted by the U.S. EPA are far weaker than recommended unanimously by the agency's own science advisors, leaving public health and the environment at great risk. Earthjustice is challenging these standards on behalf of public health and conservation groups.
|Oil Refineries and Hazardous Waste||
As a favor to U.S. oil refineries, EPA has exempted hundreds of thousands of tons of hazardous wastes produced at refineries (over 300,000 tons annually) from stringent federal regulation. With a sweep of the pen, these wastes are no longer considered "hazardous" if converted into gas and burned at the refineries. The waste, however, is known to be toxic, carcinogenic and prone to combust spontaneously and thus poses grave hazards to our air, water, and the communities in which it is stored, transported and burned.
Earthjustice has filed suit to strike down this exemption.
|Central Maui Stream Restoration||Earthjustice petitioned the state Commission on Water Resource Management to establish instream flow standards that would sustain beneficial instream uses, such as ecological protection, Native Hawaiian practices, recreation, and scenic values, for Na Wai Eha (The Four Great Waters) in Central Maui. The petition demanded that the water currently being hoarded and wasted by private companies be returned to the streams of origin.|
|Public Liability for Mining Waste Clean-Up||
According to Superfund legislation passed in 1980, the EPA should have developed regulations that required mining companies and other high-risk polluting industires to provide financial proof that in case of toxic spills and other environmental contamination, these companies would be able to clean up the resultant contamination. The EPA has yet to issue these regulations, and some mining companies have declared bankruptcy instead of paying to clean up their sites, leaving the taxpayers with the bill. Without the financial incentive to prevent pollution, these companies have little incentive to improve their waste management.
In February 2009, a United States District Court ruled that the EPA must produce these long overdue regulations for mining companies by May 4, 2009, therefore limiting the public's liability for the damage caused to the environment by poor practices by these companies.
|New York Brownfields||
Thousands of contaminated and abandoned gas stations, factories, other industiral and commercial sites are poisoning the air, land, and water for communities across New York. The state adopted regulations that fall far short of the landmark law passed in 2003 to clean up many of these brownfields.
In February 2008, the court ruled that contaminated sites must be cleaned up to the statutory cleanup objectives, not simply to the contaminated background levels at the site.
|Protecting California's Air: Removing Agricultural Exemptions||
California state law used to exempt farms, dairies, and other agricultural operations from getting air permits for pollution from sources such as agricultural dust, diesel irrigation pumps, and livestock waste. This exemption made compliance with the federal Clean Air Act impossible. Earthjustice sued the EPA for allowing California permitting programs to include the exemption, and Earthjustice's victory led California legislators to strip the exemption from the law.
However, EPA staff recently discovered that it unwittingly approved a provision with the older exemption for agricultural sources back in 1972 as part of a larger state implementation law, and could not find any subsequent action to strip the provision. Unless the EPA or the state take affirmative action to remove the provision, it remains federally-enforceable law.
This suit seeks to compel the EPA to remove the provision.
|Challenge to Coalbed Methane Development in HD Mountains||
A proposed natural gas drilling project near Durango, Colorado, will bulldoze roadless forest, worsen air pollution, threaten homes, and pollute wilderness areas and Mesa Verde National Park. The project porposes almost 200 new coalbed methane wells, including approximately 30 wells and 8 to 9 miles of new roads inside the currently undeveloped HD Mountains roadless areas. Despite this, the Forest Service and the Bureau of Land Management have approved the permits necessary for the project.
Earthjustice is challenging the project on behalf of conservation groups, homeowners, a rural county, and individuals whose livelihood would be negatively impacted by the drilling as proposed.
|Smog & Soot: National Standards Review & Revision||This 2003 lawsuit set the stage for limits on smog pollution from power plants and other sources. We negotiated deadlines with the Environmental Protection Agency to propose standards for ozone, a precursor to smog, by June 20, 2007. The EPA's weak protections mean more pollution for our cities and neighborhoods.|