May Action Newsletter

What's At Stake

In a big win for public health and the health of the planet, the Biden administration announced it will end coal leasing in the Powder River Basin in Montana and Wyoming. This is the largest coal-producing region in the United States and this monumental decision will keep nearly 6 billion tons of highly polluting coal in the ground. 

Earthjustice litigation played a big role in this decision arguing that we cannot lease away our public lands to coal companies while ignoring the impacts to public health.While Earthjustice litigates in court, Earthjustice supporters like you have also advocated for critical safeguards like restoring the National Environmental Policy Act, enacting significant reforms that will enable new transmission and connect clean energy projects to the grid, and closing a loophole that left half of toxic coal ash pits exempt from federal oversight.  

Finalizing these regulations is the culmination of years of advocacy from Earthjustice, our clients, and advocates like you who spoke up time and time again as these issues were up for public comment or when momentum was needed to push the needle in a positive direction. Without you, this wouldn’t be possible.  

Despite these victories, there are still legal challenges on the horizon and other environmental protections to pursue. We are in a crucial moment of progress, and we need your help to get some key initiatives across the finish line. Supporters like you rise to the occasion during every comment period and opportunity – and it makes a difference. Click here to take all the actions below on one page.   

Urge the Consumer Product Safety Commission to protect consumers from the dangers of gas stoves  

The risks associated with burning gas indoors have been known for decades but new research links childhood asthma to gas stoves. It’s time for the Consumer Product Safety Commission to adopt standards to reduce the dangers that gas stoves create for consumers. 

Tell the EPA to ban acephate

The EPA proposed a ban on almost all uses of acephate, an organophosphate pesticide, due to poisoning risks from drinking water contamination. Join us in thanking the EPA for the proposed ban and calling on the EPA to ban all organophosphates.

Urge the EPA to ban the practice of open burning and open detonation of hazardous wastes

For decades, military bases and private facilities have used “open burn / open detonation” to destroy unserviceable and obsolete military munitions. This practice harms the environment and human health as it results in the uncontrolled release of toxic constituents into the air, soil, and water. Urge the EPA to protect frontline communities.

Build a clean and equitable electricity grid

As we move towards a 100% clean energy future, we need to build more power lines to move clean energy across the country. The Federal Energy Regulatory Commission recently enacted reforms to enable new transmission. Now FERC must continue to accelerate transmission infrastructure in an equitable way.

North Antelope Rochelle Mine in Wyoming’s Powder River Basin. (EcoFlight)
North Antelope Rochelle Mine in Wyoming’s Powder River Basin. (EcoFlight)

Delivery to Consumer Product Safety Commission, Environmental Protection Agency, and Federal Energy Regulatory Commission

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Your Actions Matter

Your messages make a difference, even if we have leaders who don't want to listen. Here's why.

You level the playing field.

Elected officials pay attention when they see that we are paying attention. Read more.

They may be hearing from industry lobbyists left and right, but hearing the stories of their constituents — that’s your power.

Our legislators serve at the pleasure of the people who gave them their job — you.

Make sure your elected officials know whose community and whose values they represent. When you contact your elected official, you’re putting a face and a name on an issue.

Whether or not you voted for them, they work for you, for the duration of their term.

Make sure your elected officials know whose community and whose values they represent. (Find your local, state, and federal elected officials.)

Your action is with us in court.

If a federal agency finalizes a harmful action, the record of public comments provides a basis for bringing them into court. Read more.

Throughout each of the public comment periods we alert you to, Earthjustice’s attorneys are researching and writing in-depth, technical comments to submit — detailing how the regulation could and should be stronger to protect the environment, our communities, and our planet.

We need you to join us — your specific experiences, knowledge, and voice are crucial to add to the Administrative Record through the comment periods.

Lawsuits we file that challenge weak or harmful federal regulations rely on what was submitted during the comment period. The court can only look at documents that are in the Administrative Record — including the public comments — to decide if the agency did something improper.

Your actions aid our litigation. Taking action and submitting comments during a comment period is substantively important.

It’s the law.

Federal agencies must pause what they’re doing and ask for — and consider — your comment. Read more.

Many of us may have never heard of the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA), but laws like these require our government to ask the public to weigh in before agencies adopt or change regulations.

Regulations essentially describe how federal agencies will carry out laws — including decisions that could undermine science, or weaken safeguards on public health.

Public comments are collected at various points throughout the federal government’s rulemaking process, including when a regulation is proposed and finalized. (Learn about the rulemaking process.) These comments become part of the official, legal public record — the “Administrative Record.”

When the public responds with a huge outpouring of support for environmental protections, these individual messages collectively undercut politicians' attempts to claim otherwise.

What this means is each of us can take a role in shaping the rules our government creates — and ensuring those rules are fair and effective.