Presidential Hopefuls Who Deny Climate Science Can Forget About Winning The Latino Vote

Presidential hopefuls looking to win the Latino vote know they need to take a thoughtful approach to immigration policy, but it turns out it’s just as important that they support efforts to protect the environment and combat climate change.

According to a new poll, 90 percent of Latinos are in favor of strengthening the Clean Water Act, 85 percent want reduced smog and air pollution and 78 percent want more clean energy. Meanwhile, some 80 percent of Latinos say it’s important for the President and Congress to address immigration reform.

Pollsters also found that Latinos are far ahead of other Americans in terms of awareness of the science of global warming, which is bad news for any candidate denying climate science while looking to win over Latino voters.

EPA Called On To Stop States From Permitting Polluting Facilities Through Discriminatory Processes

The US Environmental Protection Agency was recently called on to respond to a decade’s worth of complaints regarding discriminatory practices on the part of states issuing permits to polluting facilities sited in marginalized communities already overburdened by environmental degradation.

A lawsuit filed in a US District Court for the Northern District of California seeks to compel the agency to fulfill its duty to enforce Title VI of the Civil Rights Act, which prohibits discrimination on the basis of race, color, and national origin in programs and activities that receive financial assistance from the federal government.

Environmental Groups File Lawsuit Objecting to Shortcomings, Loopholes in New Federal Oil Train Safety Standards

The battle over oil train regulation is heating up, as both the oil and gas industry and a coalition of environmental groups have now filed lawsuits challenging new Department of Transportation regulations this week.

The move to the courtroom comes following a string of oil train explosions in the U.S. and Canada so far this year and in a passenger train wreck in Philadelphia on Tuesday night that killed 8.

Environmentalists Are Taking California To Court Over Illegal Oil Industry Wastewater Injection

Environmentalists filed a motion requesting a preliminary injunction today in a California court to immediately stop the daily illegal injection of millions of gallons of oil field wastewater into protected groundwater aquifers in the state.

Last week, Earthjustice filed a lawsuit on behalf of the Sierra Club and the Center for Biological Diversity in Alameda County Superior Court that challenges California regulators’ emergency rules meant to rein in the state’s disastrous Underground Injection Control (UIC) program.

Maryland To Become Latest State To Adopt Community Solar Legislation

Following the lead of ten other states that have already adopted similar legislation, Maryland lawmakers this week passed two bills that aim to create community solar projects and increase access to clean energy in the state.

The bills, which still must be signed into law by Governor Larry Hogan, would launch a three-year pilot project to allow the state to assess the benefits of community solar and establish best practices.

Though the sun falls everywhere, access to solar energy is not universal. According to non-profit group Vote Solar, more than 75 percent of US homes and businesses can’t install a solar system on their property, because their roof isn’t suitable or they rent their home or office, among other barriers.

Community solar allows multiple people to pool their resources and invest in or subscribe to a shared solar energy system.

“Community solar will enable all Marylanders to generate renewable solar energy,” Maryland Delegate Luke Clippinger, Chair of the House Democratic Caucus and sponsor of one of the bills, says in an Earthjustice press release. “Solar is no longer a potential future prospect for energy generation here in Maryland, it is the here and now.”

Public Interest Groups File FOIA Request To Compel Disclosure Of Crude Oil Export Ban Exceptions

Last month, DeSmogBlog broke the news that the Obama Administration was quietly letting oil companies export crude under the guise of “exceptions” to the crude oil export ban.

Now a coalition of public interest groups including Earthjustice, Oil Change International, and Sightline Institute says the public has a right to know what criteria the Department of Commerce’s Bureau of Industry and Security (BIS) used in determining which crude oil streams were exempt from the ban, and has filed a Freedom Of Information Act request to find out.

With the price of oil cratering and that trend not likely to reverse soon thanks in large part to the glut of production in the US, oil companies are desperate to sell their crude on the global market, where it can potentially fetch higher prices. The catch, of course, is the crude oil export ban, a policy that’s been in place since 1975.

The oil industry has apparently decided that its usual means of influencing public policy—lobbying and advertising to sway public opinion in its favor—would take too much time and money, as Justin Mikulka wrote here on DeSmog.

So if you are the oil industry, you innovate. You call the oil you are producing condensate, get the regulators at the little known Bureau of Industry and Security to agree to not define what condensate actually is and then have them tell you that you as an industry are free to “self classify” your oil as condensate and export it.

Problem solved. Billions in profits made.

Obama Administration Hopes Third Time’s A Charm For Chukchi Sea Lease Despite Major Risks

The US Department of the Interior released the final supplemental environmental impact statement for Chukchi Sea Lease Sale 193 yesterday, continuing to move the process of affirming the leases originally sold in 2008 forward despite acknowledging the major risks of allowing drilling in the Arctic.

The story of the US government's attempts to sell off its stake in the Arctic Ocean to oil companies eager to exploit the oil reserves beneath the waters is a strange and sordid saga.

The Bush Administration originally leased 30 million acres of the Chukchi Sea for oil drilling in 2008 while relying on incomplete information about the local wildlife. A judge with the Federal District Court in Alaska determined the leases violated the National Environmental Protection Act (NEPA) in 2010.

The judge ordered the Interior Department’s Bureau of Ocean Energy Management (BOEM) to reconsider the leases, but a year later, the Obama Administration made the decision to let them stand and issued the first Final Supplemental Environmental Impact Statement (EIS) for Chukchi Sea Lease Sale 193 in 2011.

In January of 2014, the Court Of Appeals for the Ninth Circuit ruled once again that the leases violated the law by failing to adequately consider the potentially catastrophic effects of drilling for oil in the Arctic Ocean. A new draft analysis was released by BOEM in October 2014, and this time it conceded that there was a 75% chance of one or more large oil spills (defined as more than 1,000 barrels) occurring if the leases were developed.

In response, the environmental group Earthjustice issued a statement saying, “There is no way effectively to clean up or contain an oil spill in Arctic Ocean conditions.” The group also says that millions of Americans responded to the draft analysis by calling on the Obama Administration to stop drilling in the Arctic Ocean once and for all.

Instead, BOEM released the second final supplemental environmental impact statement, marking the federal government’s third attempt to justify Chukchi Sea Lease Sale 193 even while acknowledging how disastrous oil drilling in the region could be. Environmentalists were quick to point out that the new analysis did not correct the problems identified in the initial draft.

“Today’s impact statement confirms again that drilling in the Chukchi Sea puts Arctic people and wildlife at risk from major oil spills,” Earthjustice staff attorney Erik Grafe said in a statement. “It concludes there is a 75 percent chance of one or more major oil spills if the Chukchi Sea is developed, and there is no way to clean or contain such a spill.”

California Court Rejects Misleading Language In Local Fracking Ballot Initiative--Twice

Residents of La Habra Heights in Los Angeles County, California want their city to become the latest to ban fracking and other high intensity oil extraction methods, and have placed an initiative on the March 2015 ballot to do just that.

The residents and activists seeking to ban fracking in La Habra Heights won a significant battle on New Year’s Eve when inaccurate and misleading ballot language backed by the oil and gas industry was rejected by the Los Angeles Superior Court. Now they've won a second victory against the oil and gas companies trying to game the citizen initiative system.

“The Healthy City Initiative,” also known as Measure A, seeks to ban fracking and would also prohibit any new oil and gas wells from being drilled within city limits, as well as bar dormant wells from being reactivated. The intention is to stop La Habra Heights from becoming the latest fracking boom town without shuttering current oil and gas development projects, so as to have as minimal an impact on the local economy as possible while ensuring the future health and viabillity of the community.

Earthjustice sued the city of La Habra Heights on December 1 on behalf of residents, La Habra Heights Oil Watch, and the Center for Biological Diversity after the city included oil and gas industry language on the ballot that, according to an Earthjustice press release, “inaccurately summarizes the language that was circulated to and signed by voters in order to place the initiative on the ballot in the first place.”

New EPA Coal Ash Regulations Are Not Enough To Stop The Next Coal Ash Spill

The Environmental Protection Agency released long-awaited coal ash regulations today, the first rules ever to be imposed on the storage and disposal of the toxic waste left over after burning coal for electricity—the second largest industrial waste stream in the U.S.

But according to Earthjustice and the 10 environmental and public interest groups it represented in suing to force the release of the regulations in the first place, the EPA’s new rules are not nearly stringent enough to stop the next coal ash spill before it happens.

The new rules will not phase out the practice of storing massive quantities of coal ash—which contains highly toxic substances like arsenic, mercury, lead and radioactive uranium—in unlined ponds shored up by earthen dams that are often unstable and likely to fail. This is exactly what happened in the case of the Dan River coal ash spill in North Carolina this past February and the spill in Kingston, Tennessee in 2008 that released 1.1 billion gallons of coal fly ash slurry, covering up to 300 acres of surrounding land.

The typical coal ash dam is built from soil and ash and is used to impound millions of tons of coal ash and wastewater. The majority are over 40 years old, according to Earthjustice, and most do not have monitoring systems in place for detecting leaks of the toxic coal ash slurry they contain.

Calls to Ban Bomb Trains Ramp Up While Communities Await New Regulations

ban bomb trains

Earthjustice has challenged the Department of Transportation’s denial of a petition by Sierra Club and Forest Ethics to ban the transportation of Bakken crude oil in DOT-111 tank cars.

Most of the explosive crude oil on U.S. rails is moving in tanker cars that are almost guaranteed to fail in an accident,” explained Patti Goldman of Earthjustice.

The risks are too great to keep shipping explosive Bakken crude in defective DOT-111s. The National Transportation Safety Board called them unsafe two decades ago, and by the Department of Transportation’s own estimates, the U.S. could see 15 rail accidents every year involving these cars until we get them off the tracks.” 

At the same time Earthjustice was bringing this challenge, the Canadian government was announcing that it will ban 3,000 of the riskiest DOT-111s from carrying materials like Bakken crude.


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