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document December 18, 2018

McNamee Recusal Motion

Pursuant to Rule 212 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (“Commission” or “FERC”), 18 C.F.R. § 385.212 (2016), Natural Resources Defense Council, Sierra Club, Union of Concerned Scientists (collectively, “Clean Energy Advocates”) respectfully submit this motion requesting Commissioner McNamee recuse himself from dockets RM18-1 and AD18-17.

document December 17, 2018

2018 Annual Report

At this critical time in our history, Earthjustice is uniting allies committed to civil liberties, social justice, and equal rights under the law.

document December 14, 2018

Complaint: Fairbanks Air Quality

The Fairbanks Northstar Borough (“Fairbanks” or “the Borough”) has the worst fine particulate matter (“PM-2.5”) air pollution in the nation — with levels spiking far in excess of the next most-polluted area and over twice the recommended limit for unhealthy air. Earthjustice is representing Citizens for Clean Air and Alaska Community Action on Toxics in this lawsuit seeking to hold EPA accountable for addressing air pollution.

document December 13, 2018

Georgia at a Crossroads: Groundwater contamination from coal ash threatens the Peach State

Georgia’s coal-fired power plants, after decades of unsafe disposal of coal ash, have severely polluted the underlying groundwater. For the first time in 2018, utilities were forced to publicly report groundwater monitoring data on their websites because of new transparency requirements imposed by 2015 federal coal ash regulations. The Environmental Integrity Project and Earthjustice examined that data and determined that 92 percent (11 of 12) of Georgia’s coal-fired power plants have contaminated groundwater with one or more toxic pollutants.

document December 11, 2018

Congress Must Protect Families From Dangerous Chemicals In Drinking Water

The presence of PFAS chemicals in U.S. drinking water will be a critical public health challenge for decades. No enforceable rules to protect our families from PFAS exist. This must change now.

document December 10, 2018

New Source Construction and Part 70 Operating Permit Joint Comments

Southwestern Indiana Citizens for Quality of Life, Valley Watch, Sierra Club, Citizens Action Coalition, and Earthjustice submit the following comments regarding the draft New Source Construction and Part 70 Operating Permit published by the Indiana Department of Environmental Management for Riverview Energy Corporation’s proposed direct coal hydrogenation plant in Dale, Spencer County, Indiana.

document December 4, 2018

Letter to National Elk Refuge Manager Brian Glaspell

A letter sent by Earthjustice, on behalf of Defenders of Wildlife, the National Wildlife Refuge Association, and the Sierra Club, urging the U.S. Fish and Wildlife Service to promptly issue a feeding phase-out plan that was promised by the agency in 2008, but has been held up for more than 10 years due to wrangling between federal and Wyoming officials.

document November 28, 2018

Job Corp Environmental Assessment 2018

Job Corp Environmental Assessment for the Homestead site

document November 26, 2018

Clean Water Rule: Decision on Motion for Summary Judgment

U.S. District Court for Western District of Washington issues a nationwide vacatur of the U.S. EPA and the U.S. Army Corps’ “applicability date rule,” which had delayed application of the 2015 Waters of the U.S. rule for a period of two years.

document November 14, 2018

Virginia Ozone SIP: Court Order Granting Motion to Vacate

U.S. Court of Appeals for the Fourth Circuit vacates and remands to U.S. EPA the Virginia SIO Approval Rule challenged by petition for review.

document November 7, 2018

Motion for Further Continuance New Orleans City Council

Deep South Center for Environmental Justice, VAYLA New Orleans, Justice and Beyond, 350 New Orleans, Sierra Club, et al. request a further continuance to give New Orleans City Council opportunity to take action and re-vote on Entergy's proposed gas plant.

document November 1, 2018

Standing Rock Sioux Tribe: Supplemental Complaint

The Standing Rock Sioux Tribe files a “supplemental complaint” in its existing lawsuit against the Army Corps over permits for the Dakota Access pipeline. The supplemental complaint renews the lawsuit to respond to events that have occurred since the Tribe won part of its lawsuit against the Corps last year.

document October 31, 2018

Notice of Intent: Methylene Chloride

To Acting EPA administrator Wheeler — on behalf of the mothers of two young men who recently died from methylene chloride exposure, Labor Council for Latin American Advancement, Safer Chemicals Healthy Families, and Vermont Public Interest Research Group — over the U.S. EPA’s failure to finalize a ban on the use of this lethal chemical in paint strippers.

document October 30, 2018

Aggregate Compliance Petition

Groups filed a petition with U.S. EPA asserting the agency has illegally allowed millions of acres of wildlife habitat to be converted to corn and soybean crops to satiate the U.S. biofuels policy under the Renewable Fuels Standard.

document October 30, 2018

Aggregate Compliance Fact Sheet

This fact sheet details why EPA’s “aggregate compliance” approach to the definition of “renewable biomass” under the renewable fuel standard program must be amended in order to prevent conversion of native grassland.

document October 25, 2018

2018 Audited Financials

Report of independent auditors and financial statements

document October 24, 2018

Clean Air Act Deadline Enforcement: Court Order Directing U.S. EPA to Issue Findings

It is hereby ordered and declared that: Defendants Andrew Wheeler, Acting Administrator of the U.S. Environmental Protection Agency, and Mike Stoker, Regional Administrator, Region 9, EPA, are in violation of the Clean Air Act with regard to their mandatory, nondiscretionary duty under 42 U.S.C. § 7410(k)(1)(B) to make findings that the State of California has failed to submit for the San Joaquin Valley three overdue nonattainment state implementation plans addressing nonattainment of the 1997, 2006, and 2012 National Ambient Air Quality Standards for fine particulate matter (PM2.5).

document October 22, 2018

CCR Rule Phase One, Part One Petition For Review

Pursuant to Section 7006(a)(1) of the Resource Conservation and Recovery Act, 42 U.S.C. § 6976(a)(1), Federal Rule of Appellate Procedure 15, and D.C. Circuit Rule 15, Waterkeeper Alliance, Inc., Clean Water Action, Prairie Rivers Network, Hoosier Environmental Council, HEAL Utah, and Sierra Club file this petition for review of the final action of Respondents United States Environmental Protection Agency and Andrew Wheeler, Acting Administrator of the United States Environmental Protection Agency, entitled Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Amendments to the National Minimum Criteria (Phase One, Part One) 2 and issued on July 30, 2018. See 83 Fed. Reg. 36,435 (July 30, 2018).