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document February 22, 2023

California Spotted Owl Proposal

The U.S. Fish and Wildlife Service announced that it will protect the California spotted owl under the Endangered Species Act. The owls have seen their numbers dwindle because of logging and climate change, among other threats.

document February 17, 2023

DOT Appeal (Feb 2023)

As a public health and environmental disaster unfolds following the derailment and explosion of a toxic-chemical cargo train in East Palestine, Ohio, advocacy groups renewed their challenge to the U.S. Department of Transportation’s (DOT) 2018 repeal of a regulation requiring electronic brake systems for trains carrying hazardous and flammable material.

document February 17, 2023

Final court brief challenging the Ajax asphalt plant permit in Flint

Five community groups respond to Ajax in a final briefing before the Genesee County Circuit Court. The groups are appealing a decision by Michigan’s environmental agency to allow the Ajax corporation to install a toxic asphalt plant in a predominantly Black, low-income, and environmentally overburdened neighborhood.

document February 15, 2023

Letter to CARB urging fix for the waste truck hole in Advanced Clean Fleets rule

Environmental groups urge the California Air Resources Board not to waste the opportunity to advance zero emission refuse trucks.

document February 15, 2023

Earthjustice EPA Appeal re Cargo Trains

Commenters again call on EPA to end the preventable cycle of chemical fires, explosions, and hazardous chemical releases at U.S. industrial facilities. No massive chemical catastrophe should ever occur. EPA must strengthen and finalize the proposal to issue a strong new chemical disaster prevention rule that communities and workers can finally count on to protect their lives and their families. Fenceline communities, environmental and environmental justice groups, and scientists submit these comments to urge EPA to follow the science and the most current safety data, and to apply lessons learned in recent years on ways to prevent chemical disasters and save lives.

document February 14, 2023

Joint NGO Comments on Supplemental NSPS Proposal

Joint nonprofit group comments on the EPA’s Supplemental New Source Performance Standards (NSPS) proposal

document February 14, 2023

Joint Environmental Justice Comments on NSPS Proposal

Environmental justice group comments on the EPA’s Supplemental New Source Performance Standards (NSPS) proposal.

document February 13, 2023

Amending Regulations on Last-Mile Warehouses is Critical to Achieving New York City’s Environmental Justice and Racial Equity Goals

In New York City, last-mile warehouses can currently be built directly adjacent to certain residential neighborhoods, predominantly communities of color and lower-income communities, without any review or mitigation of traffic, public safety, or air quality impacts.

document February 13, 2023

FOIA Appeal Docket No. GFO-2023-00170-F

Earthjustice respectfully appeals the decision of the Department of Energy / Golden Field Office (GFO) to withhold records in response to Earthjustice’s Freedom of Information Act request number GFO-2023-00170-F. Earthjustice’s FOIA request seeks “all submitted concept papers, related documents, written communications, and other information received in response to the Bipartisan Infrastructure Law: Additional Clean Hydrogen Programs (Section 40314): Regional Clean Hydrogen Hubs Funding Opportunity Announcement, #DE-FOA-0002779, issued by the Department of Energy’s Hydrogen Program on September 22, 2022, with concept papers due on November 7, 2022.”

document February 9, 2023

Conservation Groups Response to North Dakota Leasing PI

Climate and conservation groups defended the Biden administration in a brief filed responding to a lawsuit brought by North Dakota seeking to force the federal government to hold more oil and gas lease sales in the state.

document February 9, 2023

Article 1 Section 19: New York’s New Environmental Right

The Environmental Right creates an overarching legal obligation on all government officials in the state to ensure that whenever they contemplate taking action, they consider and protect people’s right to clean water and air, and a healthful environment. As part of the New York Constitution’s Bill of Rights, the right to clean air and water and a healthful environment is now on par with our other fundamental rights such as freedom of speech, freedom of religion, and the right to vote.

document February 8, 2023

NGO Letter for HNRC Committee Hearing Unleashing American Energy

Fifty environmental, Indigenous, and justice organizations sent a letter to House Natural Resources Committee Chair Bruce Westerman, Ranking Member Raúl Grijalva, and the members of the committee urging for strong mining reforms to protect people and special places from the environmental and health impacts of poorly regulated mining.

document February 6, 2023

Testimony of Raul Garcia: Energy and Commerce Hearing

Testimony of Raul Garcia, Legislative Director for Healthy Communities, Earthjustice, before the United States House of Representatives Joint Energy, Climate, and Grid Security Subcommittee and Environment, Manufacturing, and Critical Materials Subcommittee Legislative Hearing: “Unleashing American Energy, Lowering Energy Costs, and Strengthening Supply Chains.”

document February 6, 2023

Complaint: EIS Hydro Project West Kauai

Kalo farmers and subsistence fishers from West Kauaʻi filed suit against the Hawaiʻi Department of Land and Natural Resources for failing to require an Environmental Impact Statement on the major hydro project being proposed for the Waimea River.

document February 3, 2023

Proposed Consent Decree Statewide Organizing for Community Empowerment et al., Plaintiffs, v. United States Environmental Protection Agency et al., Defendants. Civil Action No. 22-cv-2562

The EPA will consider closing a loophole that exempts over half a billion tons of toxic coal ash in landfills from federal oversight. The proposed consent decree would require that EPA either complete a review of 40 CFR 257.50(d) and determine that no revision is necessary, or sign a proposed rule to revise it on or before May 5, 2023. If a proposal is issued, the EPA must take final action regarding the proposed revision no later than May 6, 2024.

document January 31, 2023

Complaint Filed with FERC Challenging MISO’s Prohibition of Renewables Providing Ancillary Services

Complaint filed with the Federal Energy Regulatory Commission (FERC) on behalf of Solar Energy Industries Association (SEIA) challenging the Midcontinent Independent System Operator, Inc. (MISO) rule that prohibits renewables from providing ancillary services.

document January 30, 2023

Arctic Grayling Complaint

Conservationists sued the U.S. Fish and Wildlife Service seeking protections for Montana’s Arctic grayling population under the Endangered Species Act. The parties — the Center for Biological Diversity, Western Watersheds Project and Butte resident Pat Munday — are represented by Earthjustice.

document January 27, 2023

Letter on Strategic Production Response Act

Earthjustice joined 35 other environmental and good governance organizations in sending a letter to members of Congress urging them to reject the Strategic Production Response Act.