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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.

document January 26, 2023

Memorandum of Law Clean Air: Coalition of Western New York against Fortistar

The Public Service Commission’s decision to allow Digihost’s and Fortistar’s transaction will result in increased demand for the gas plant, resulting in a dramatic increase in its greenhouse gas emissions and interfering with New York’s achievement of its greenhouse gas limits.

document January 25, 2023

Alliance of Nurses v. FDA: Complaint

To protect the safety of consumers, meat processing workers and farming communities, a coalition of public health advocacy groups have filed a lawsuit against the U.S. Food & Drug Administration (FDA) and its Center for Veterinary Medicine (CVM), challenging the refusal to phase out unnecessary uses of antibiotics in animal agriculture.

document January 24, 2023

Response Brief to Ajax

Brief in Genesee County Circuit Court responds to Ajax’s arguments, which ask the court to undo the modest pollution controls included in their permit.

document January 23, 2023

Charting a Pathway to Maryland’s Equitable Clean Energy Future

Maryland should take four steps to equitably decarbonize its building sector and fund safer, healthier, more resilient homes for Maryland’s low-income residents and families.

The Coal Ash Primer: An introduction to the serious threats to human health and the environment, particularly to water resources and clean air, posed by coal ash.
document January 17, 2023

Coal Ash Primer

An introduction to the serious threats to human health and the environment, particularly to water resources and clean air, posed by coal ash.

document January 13, 2023

Clean Air Coalition and Sierra Club v. NYS PSC, Fortistar North Tonawanda, Digihost International

The lawsuit contests the Public Service Commission’s) declaratory ruling allowing a proposed transaction between Fortistar North Tonawanda, LLC and Digihost, Inc. to proceed in contravention of the Climate Leadership and Community Protection Act).