Environmental Protection Agency

Two Major Lawsuits Filed Against ExxonMobil for Arkansas Tar Sands Spill

Two major lawsuits were recently filed in the U.S. District Court for the Eastern District of Arkansas against ExxonMobil, the “private empire” behind the March 2013 Pegasus tar sands pipeline spill of over 1.1 million gallons of diluted bitumen (“dilbit”) into the neighborhoods and waterways of Mayflower, AR, located in Faulkner County

One is a class-action lawsuit filed by the Duncan Firm, Thrash Law Firm and Parker Waichman LLP on June 27. The other is a suit filed on June 13 by the U.S. Environmental Protection Agency (EPA) in concert with the Arkansas Attorney General's Office, led by AG Dustin McDaniel.

Collectively, both lawsuits lay out the damning facts of the second biggest tar sands pipeline spill in U.S. history, caused by a 22-foot gash in the pipeline, second only to Enbridge's “dilbit disaster” in Kalamazoo, Michigan. The cases also call for the spill's victims - both people, government bodies and the ecosystem - to receive reparations. 

Among other things, both suits clarify that ExxonMobil Pipeline Company dilbit has contaminated Lake Conway, the largest man-made game and fish commission lake*** in the United States, which serves as a tributary of the Arkansas River.

The class-action tort lawsuit slaps ExxonMobil with willful negligence under Arkansas state law, alleging Exxon knew Pegasus - built in the 1940's far before the age of “extreme energy” and designed to carry light crude - would spill at some point. The suit also reveals for the first time that the spill was just the biggest of 13 other spills preceding it, meaning it was not just a spill out of the blue.  

The joint EPA/Arkansas AG civil lawsuit cites Exxon for violating the Clean Water Act, Arkansas' Hazardous Waste Management Act and Arkansas' Water and Air Pollution Control Act.

Taken together, both suits keep the heat on ExxonMobil and on Alberta tar sands production at-large as the battle over the proposed northern half of TransCanada's Keystone XL tar sands pipeline heats up. U.S. President Barack Obama's State Department is expected to make a decision on that pipeline's fate in the next few months. 

Duke Study Links Fracking to Water Contamination As EPA Drops Study on Fracking Water Contamination

Last week, the U.S. Environmental Protection Agency (EPA) kicked the can down the road on a key study designated to examine the connection between hydraulic fracturing (“fracking”) and groundwater contamination in Pavillion, Wyoming. 

A study originally scheduled for release in 2014 and featured in Josh Fox's “Gasland 2,” it will not be complete until 2016 in a move that appears to be purely politically calculated by the Obama Administration, akin to the EPA's dropped and censored groundwater contamination study in Weatherford, TX.

Now, just days later, a damning study conducted by Duke University researchers published in the Proceedings of the National Academy of Sciences again links shale gas fracking to groundwater contamination. The Duke researchers did so by testing samples of 141 drinking water samples of Pennsylvania's portion of the Marcellus Shale basin. 

This is the Duke professor's third study linking fracking to groundwater contamination, the source of drinking water for hundreds of thousands of citizens in the Keystone State. The industry is likely to come out with the familiar chorus that the contaminated water is “naturally occuring,” but the latest Duke study shows otherwise. 

“They found that, on average, methane concentrations were six times higher and ethane concentrations were 23 times higher at homes within a kilometer of a shale gas well,” a Duke University press release explains. “Propane was detected in 10 samples, all of them from homes within a kilometer of drilling.”

Environmental Justice Groups Sue EPA for Failure to Enforce Clean Air Act

Despite several studies suggesting toxic emissions from refineries are underestimated, the Environmental Protection Agency (EPA) continually failed to review and revise emissions factors for health and life-threatening pollutants.

Now, five environmental justice groups are suing the agency for failure to comply with the Clean Air Act. The groups, the Environmental Integrity Project, Air Alliance Houston, Texas Environmental Advocacy Services (TEJAS), Community In-power and Development Association, Inc. (CIDA), and Louisiana Bucket Brigade, assert that EPA failures are leading to undue health and safety risks for the Gulf Area population.

Under the Clean Air Act, the EPA Administrator is required to review and (if necessary) revise the emissions factors used to estimate emissions of carbon monoxide (CO), volatile organic compounds (VOCs), and oxides of nitrogen (NOx) from emission sources at least once every three years. However, according to the notice of intent preceding the lawsuit, “EPA has not reviewed emission factors for flares since 1991,” for wastewater treatment systems since 1998, and emission equations for tanks since 2006.

Said TEJAS executive director Juan Parras, “EPA needs to protect public health and the environment, and there are no excuses to further delay long overdue action to revise inaccurate emission factors consistent with scientific studies.”

EPA Again Slams State Department's Keystone XL Assessment as "Insufficient"

On Monday, the State Department’s public comment period closed for the Keystone XL pipeline draft environmental impact statement. Over one million comments were submitted by citizens opposed to the tar sands pipeline. Then came the most damning comment of them all: from the Environmental Protection Agency.

The EPA submitted a letter faulting the State Department’s environmental review of the Keystone XL pipeline for being “insufficient” and raising “Environmental Objections” to the project.

If this sounds familiar, it’s because the very same thing happened roughly two years ago, when the State Department was first assessing the proposed tar sands pipeline project.

In June of 2011, the EPA first wrote to criticize the draft environmental impact statement as “insufficient.”

That EPA letter certainly played a part – as did sustained grassroots advocacy efforts, exposes on conflicts of interest between State and the pipeline’s profiteers, and relentless debunking of false jobs and energy security promises – in the State Department’s move to punt the decision for a year, take a fresh look at the proposals, and go back to the drawing board to create a new supplemental environmental impact statement.

Breaking: Obama EPA Shut Down Weatherford, TX Shale Gas Water Contamination Study

The Associated Press has a breaking investigative story out today revealing that the Obama Administration's Environmental Protection Agency (EPA) censored a smoking gun scientific report in March 2012 that it had contracted out to a scientist who conducted field data on 32 water samples in Weatherford, TX.

That report, according to the AP, would have explicitly linked methane migration to hydraulic fracturing (“fracking”) in Weatherford, a city with 25,000+ citizens located in the heart of the Barnett Shale geologic formation 30 minutes from Dallas.

It was authored by Geoffrey Thyne, a geologist formerly on the faculty of the Colorado School of Mines and University of Wyoming before departing from the latter for a job in the private sector working for Interralogic Inc. in Ft Collins, CO

This isn't the first time Thyne's scientific research has been shoved aside, either. Thyne wrote two landmark studies on groundwater contamination in Garfield County, CO, the first showing that it existed, the second confirming that the contamination was directly linked to fracking in the area.

It's the second study that got him in trouble.

“Thyne says he was told to cease his research by higher-ups. He didn’t,” The Checks and Balances Project explained. “And when it came to renew his contract, Thyne was cut loose.”

ANGA Lobbyist Spins Through Revolving Door To Work For Fred Upton

The revolving door spins with rapidity in Washington following election season, and Tom Hassenboehler serves as an Exhibit A.

Hassenboehler served for the past two years as a lobbyist for America's Natural Gas Alliance, the most powerful lobbying force for the unconventional oil and gas industry. Hassenboehler recently accepted a new position working for the U.S. House Energy and Commerce Committee's Energy and Power Subcommittee, and will serve as Senior Counsel under the tutelage of U.S. Rep. Fred Upton (R-MI), the head of the Subcommittee.

Upton is the cousin of Katie Upton, the wife of controversial Chesapeake Energy CEO Aubrey McClendon. McClendon, in turn, was one of the founders of ANGA. Given these ties that bind, one can safely hypothesize that Hassenboehler will continue his promotion of fracking as a “public servant.”

Prior to working for ANGA, Hassenboehler served as a Congressional staffer for climate change denier, U.S. Sen. James Inhofe (R-OK).

Revealed: NERA Economic Consulting is Third Party Contractor for DOE LNG Export Study

Reuters has revealed the identity of the mysterious third party contractor tasked to publish the economic impact study on LNG (liquefied natural gas) exports on behalf of the Department of Energy (DOE). Its name: NERA Economic Consulting.

NERA” is shorthand for National Economic Research Associates, an economic consulting firm SourceWatch identifies as the entity that published a June 2011 report on behalf of coal industry front group American Coalition for Clean Coal Electricity (ACCCE). ACCCE's report concluded, “clean-air rules proposed by the Obama administration would cost utilities $17.8 billion annually and raise electricity rates 11.5 percent on average in 2016.”

That report went so far to say that Environmental Protection Agency (EPA) regulations of the coal-generated electrcity sector would amount to some 1.5 million lost jobs over the next four years.

NERA was founded by Irwin Stelzer, senior fellow and director of the right-wing Hudson Institute’s Center for Economic Policy. In Oct. 2004, The Guardian described Stelzer as the “right-hand man of Rupert Murdoch,” the CEO of News Corp., which owns Fox News. 

According to NERA's website, the late Alfred E. Kahn, the “father of deregulation,” advised NERA's 1961 foundation

Irony Alert: Tobacco Apologist Steve Milloy's EPA Human Testing Scare Campaign

Oh, the irony. A guy who built his career – and fortune – by muddying the science on the health effects of smoking is now accusing the E.P.A. of harming lungs and causing heart problems.

Steve Milloy, the former Big Tobacco flack who now runs the trashy haven for climate denial JunkScience.com, is waging a veritable war on the E.P.A. for their research on the effects of smog (or soot, or fine particulates, or PM 2.5 if you want to get really technical) on the cardiovascular and respiratory systems.

To hear Milloy describe it – on JunkScience or his newly launched website, EPAHumanTesting.com – the E.P.A. is running “illegal” and “unethical” experiments on human subjects. He’s got allies in this fight, most notably the American Tradition Institute (ATI), a think tank that purports itself as “restoring science, accountability, and liberty to the environmental policy debate.” Milloy is also a fellow at the ATI. On September 24, ATI sued the E.P.A. for “inhumane and illegal treatment of test subjects.”

If you recognize ATI and its lead attorney David Schnare, it might well be from some recent coverage of their role in the pestering of climate scientist Michael Mann. Last month, ATI and Schnare lost a legal battle to expose the Mann’s private emails, a feckless attempt at rehashing the Climategate nonstory, which Kate Sheppard reported on, and which Greg Laden expanded upon.

As Milloy frames this research – E.P.A. tests unwilling humans! – it’s perfect bait for radical conservative media outlets who will jump on any opportunity to bash the E.P.A. 

What none of these articles will tell you, and what you can’t find on either Milloy’s or the ATI’s sites, are any of the following realties:

Regulatory Non-Enforcement by Design: Earthworks Shows How the Game is Played

Earthworks Oil and Gas Accountability Project published a scathing 124-page report this week, “Breaking All the Rules: the Crisis in Oil & Gas Regulatory Enforcement.”

The content of the report is exactly as it sounds.

That is, state-level regulatory agencies and officials often aren't doing the jobs taxpayers currently pay them to do and aren't enforcing regulations on active oil and gas wells even when required to under the law.

This is both out of neglect and also because they're vastly understaffed and underfunded, meaning they literally don't have the time and/or resources to do proper inspections.

And on those rare instances when regulatory agencies and the regulators that work for them do enforce regulations on active oil and gas wells, Earthworks demonstrated that the penalties for breaking the rules are currently so weak that it's merely been deemed a tiny “cost of doing business” by the oil and gas industry.

The Real Train Wreck: ALEC and "Other ALECs" Attack EPA Regulations

When business-friendly bills and resolutions spread like wildfire in statehouses nationwide calling for something as far-fetched as a halt to EPA regulations on greenhouse gas emissions, ALEC is always a safe bet for a good place to look for their origin.

In the midst of hosting its 39th Annual Meeting this week in Salt Lake City, Utah, the American Legislative Exchange Council (ALEC) is appropriately described as an ideologically conservative “corporate bill mill” by the Center for Media and Democracy, the overseer of the ALEC Exposed project. 98 percent of ALEC's funding comes from corporations, according to CMD.

ALEC's meetings bring together corporate lobbyists and state legislators to schmooze and then vote on what it calls “model bills.” Lobbyists, as CMD explains, have a “voice and a vote in shaping policy.” In short, they have de facto veto power over whether the prospective bills they present at these conferences become “models” that will be distributed to the offices of politicians in statehouses nationwide.

For a concise version of how ALEC operates, see the brand new video below by Mark Fiore.

Pages

Subscribe to Environmental Protection Agency