Earthjustice

Thu, 2014-08-21 12:26Steve Horn
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After Oregon Rejects Coal Export Plan, Long Beach Votes to Export Coal and PetKoch

Just a day after the Oregon Department of State Lands shot down a proposal to export 8.8 million tons per year of coal to Asia from the Port of Morrow in Boardman, Oregon, the Long Beach City Council achieved the opposite.

In a 9-0 vote, the Council voted “yay” to export both coal and petroleum coke (petcoke, a tar sands by-product) to the global market — namely Asia — out of Pier G to the tune of 1.7 million tons per year. Some have decried petcoke as “dirtier than the dirtiest fuel.“ 

More specifically, the Council determined that doing an environmental impact statement before shipping the coal and petcoke abroad was not even necessary. 

decision originally made in June and then appealed by Earthjustice on behalf of the Sierra Club, Natural Resources Defense Council (NRDC) and Communities for a Better Environment, the Council shot down the appeal at an August 19 hearing

“We are very disappointed about the decision, but that does not diminish the amazing victory in Oregon,” Earthjustice attorney Adrian Martinez said in a statement provided to DeSmogBlog via email. “The decision in Long Beach just highlights the grasp that the fossil fuel industry has on the City's leaders.”

The Earthjustice legal challenge and the the subsequent August 19 hearing was not about banning coal or petcoke exports. Rather, Earthjustice and its clients requested that the City of Long Beach do an environmental impact statement for two companies given contracts to export the commodities for 15-20 years.

One of those companies, Oxbow Carbon, is owned by the “Other Koch Brother,” William “Bill” Koch. Like his brothers David and Charles Koch, he has made a fortune on the U.S. petcoke storage and export boom. Also like his brothers, he is a major donor to the Republican Party.

Thu, 2014-06-26 14:22Farron Cousins
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Obama Administration Secretly Weakening EPA Rules

One of highest hopes that environmentally-minded Americans had for President Obama when he first entered office was that he would finally put an end to the secrecy that marred the former Bush administration when it came to environmental policy. 

The image of then-Vice President Dick Cheney meeting in secret with dirty energy industry leaders was still fresh in our heads as we went to the polls in 2008, and we were all but certain that the country chose a leader that would leave those dark days in the past.

Sadly, those hopes for a policy change were dashed before the end of Obama’s first year.  He talked a big game on the campaign trail, but when it came to acting on those promises, that rhetoric proved to be just as hollow as his predecessor’s. 

Obama doubled down on coal, oil, and fracking, while allowing renewable energy investments to fall.  But the most disturbing part of the story is that Obama and his officials have been working in secret to weaken environmental standards that his administration has been patting themselves on the back for in public.

Recently, a federal judge expanded a Freedom of Information Act lawsuit that was filed against the Small Business Administration (SBA), which claims that officials within the White House Office of Management and Budget (OMB) has been working to weaken the Environmental Protection Agency’s (EPA) power plant pollution standards.  The administration has been dragging its feet in providing the information requested, even after the court ruling, which has led environmental groups to file a complaint against the White House.

At issue is the EPA’s failure to update standards for existing power plants as required by the Clean Air Act — a move that the U.S. Supreme Court had previously said was required of the agency.  The current rules have not been updated since 1982, and environmental groups say that the lack of updating is due to influence from the White House itself.

Mon, 2014-06-02 11:53Justin Mikulka
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Earthjustice to Defend Right of Dryden, NY, to Ban Fracking Within Town Limits

Don't Frack New York

On June 3rd, lawyers from Earthjustice will argue to New York’s highest court that the town board of Dryden, NY, has the right to ban fracking within its borders.   

Gas company Norse Energy has sued the Town of Dryden to try to negate its town council’s 2011 unanimous vote to ban fracking. Dryden’s decision has withstood challenges at two lower levels of New York’s judicial system, but this decision in the state’s highest court will be the one that sets precedent.

Dryden’s initial efforts to ban fracking were organized by a group of citizens with legal help from Helen Slottje, a lawyer who has since won the prestigious Goldman Prize for her work on this issue. Once the gas industry sued the Town of Dryden, Earthjustice volunteered to take on the case and has represented the town in this legal battle.

Earthjustice has produced a video, narrated by actor and activist Mark Ruffalo, which tells the story of the Dryden residents who organized the petition drive that led to the unanimous town board vote establishing the ban on fracking. 

Thu, 2014-05-15 05:00Sharon Kelly
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Pressure Grows on EPA to Regulate Toxic Air Pollution from Oil and Gas Industry

On Tuesday, 64 environmental groups, representing over 1 million members and supporters, submitted a legal petition to the Environmental Protection Agency, calling on the federal government to more closely regulate toxic air pollution from oil and gas drilling sites.

Continued, uncontrolled toxic pollution from oil and gas production creates serious health threats in metropolitan areas across the country,” the groups wrote, warning that over 1.04 million oil and gas wells have been drilled in the U.S. and as many as 45,000 new wells are expected annually over the next two decades.

The petition represents a shot across the bow of the EPA, as the filing lays the groundwork for lawsuits by environmental groups should the agency fail to act.

The move puts the EPA on notice that it may be violating federal law by failing to regulate air pollution from oil and gas drilling and fracking sites. “EPA also has a responsibility under the Clean Air Act to protect people from toxic air emissions nationwide,” the groups wrote, “and under section 112(n)(4)(B) it must do so.”

Absolutely this lays the groundwork for possible future litigation,” said Jeremy Nichols, a program director for WildEarth Guardians, one of the signatories to the petiton, “oil and gas wells are one of the most under-regulated sources of toxic air pollution in the U.S., yet these very wells are increasingly being drilled and fracked in communities across the nation.”

The current shale drilling boom has led to a massive spike in the number of people living near drilling, and the lack of federal regulation over the industry has led to complaints from residents across the US about the impact on their health and the health of their families.

Thu, 2014-03-27 04:18Justin Mikulka
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Oil Shipments Turn Albany Into “Houston on the Hudson” As Communities Across Country Fight Oil-By-Rail Proposals

Albany oil protest

Due to a massive increase in the movement of crude oil by rail in the past few years, communities across the country are facing the daunting prospect of becoming part of the oil industry’s infrastructure.

In Pittsburg, Calif., there is strong opposition to a proposed rail facility slated to bring in upwards of 242,000 barrels of Bakken crude daily. The state’s draft environmental review finds “significant and unavoidable risks of air pollution, greenhouse gas emissions, spills and accidents,” justifying resident’s concerns.

Meanwhile, Albany, N.Y., has quietly become home to increased oil shipments without any environmental review. A rail facility is currently receiving between 20 and 25 percent of the Bakken crude from North Dakota. As Trisha Curtis, an analyst at the Energy Policy Research Foundation, puts it, “Albany has become a big hub.” This has led to local residents referring to Albany as “Houston on the Hudson.”

In a victory for local residents, earlier this week New York’s environment agency announced it would require Global, the company proposing a heating facility for heavy crude at the Port of Albany, to disclose the source of the oil. 

Tue, 2013-06-11 13:00Farron Cousins
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D.C. Court Rules Against Environmental Transparency, Threatening Public Health and Democracy

Last week, the U.S. Court of Appeals for the District of Columbia Circuit ruled that trade deals can be exempted from federal disclosure laws. The case revolved around a classified document related to an FTAA (Free Trade Area of the Americas) that contained information about environmental and public health and safety concerns.

The suit was filed by EarthJustice and the Center for International Environmental Law (CIEL), with CIEL President Carroll Muffett issuing the following statement after the ruling:  “It is with great irony that at a time when reports about government intrusion into individual privacy are escalating by the day, the U.S. government would go to such lengths to protect the confidentiality of its trade negotiations—the terms of which will have real impacts on its citizens. By denying the public access to these negotiations, the US has created a fundamental barrier to the development of democracy. Most troubling, we have already seen the US aggressively pushing information in a similar black box in other trade negotiations, like the recently announced Transatlantic Trade and Investment Partnership with the European Union.

EarthJustice has more:

Sun, 2012-11-11 12:53Farron Cousins
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Arch Coal Mine Will Destroy Colorado Wilderness in 'Roadless' Forest

In a devastating blow to the Colorado wilderness, the U.S. Forest Service has agreed to allow Arch Coal to expand their West Elk mine into 6.5 miles of roadless forest in Colorado.  This means that as soon as Arch Coal gets the “ok,” they will begin leveling a formerly pristine part of America’s beautiful wilderness.

The ruling of the Forest Service came after an appeal by conservation groups, led by EarthJustice, who hoped that the agency would have the decency to prevent the dirty energy industry from destroying a vital part of the environment.

From EarthJustice:

The appeal filed in September 2012 with the Forest Service’s Rocky Mountain Regional Forester in Denver, sought to overturn an August decision affirming Arch Coal’s West Elk mine expansion into roadless lands that provide habitat for lynx, black bear, elk and goshawk. The conservation groups argued that the mine expansion violates laws meant to protect wildlife, air quality, and forest lands, as well as the Colorado Roadless Rule.

Smokey Bear has turned his back on Colorado’s natural, roadless lands,” said Ted Zukoski, staff attorney for Earthjustice, the public interest environmental law firm representing the groups. “Instead, the Forest Service has literally paved the way for a coal mega-corporation to destroy real bear habitat. The Sunset Roadless Area is a beautiful forest of aspen and giant spruce, beaver lodges and meadows, a home for elk and hawks. This is a place the Forest Service should be protecting for all Coloradoans, not sacrificing to appease special interests.”

In February of this year, EarthJustice and the environmental groups they represent won a legal battle against the Forest Service over the expansion of the mine.  During this fight, the Forest Service was unable to provide an adequate explanation of what they would do to prevent the destruction of the habitats of endangered bald eagles and lynx, as well as what measures would be put in place to prevent landslides.

Thu, 2012-09-13 13:54Farron Cousins
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Thousands Gather In DC To Stop Mountaintop Removal Mining

Thousands of protestors descended on Washington, D.C. today to send a simple message to the Obama Administration – stop mountaintop removal coal mining (MTR). The protestors included citizens from throughout Appalachia and representatives from more than a dozen environmental groups who were protesting in honor of longtime MTR opponent and environmental advocate Larry Gibson, who passed away a little over a week ago.

The protestors delivered a “Mountain Heroes Photo Petition” to the Obama Administration, a series of photographs of citizens declaring their opposition to MTR. At the time of delivery, more than 13,500 photo petitions were presented to the White House Council on Environmental Quality.

The event was organized by EarthJustice, which has advocated on behalf of Appalachian citizens for years. Here are a few of the photos that they submitted to the Obama Administration:

Wed, 2012-09-12 11:51Farron Cousins
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Wyoming Governor To Interior Department: Back Off With Fracking Rules

Republican Wyoming governor Matt Mead has some advice for the U.S. Interior Department: Back off your fracking rules.

Governor Mead was responding to a recent proposal by the Interior Department that would require energy companies who are fracking in the United States to disclose the chemical cocktails that they are pumping into the ground, posing a threat to our water supplies. Thanks to a law known as the “Halliburton Loophole,” these chemicals are currently protected as an “industry secret,” and therefore do not have to be revealed to the public.

Governor Mead says that the requirement is “duplicative” and “unnecessary,” as Wyoming already has laws on the books that require energy companies to disclose which chemicals they are using in their fracking fluid. Mead believes that the federal government should let the states take the lead and enact their own laws regarding fracking. Wyoming was the first state in the nation to require disclosure from fracking companies, and Mead believes that other states will follow Wyoming’s lead on the issue.

While Wyoming’s disclosure law appears to be a positive step on paper, it has completely fallen apart when put into practice. EarthJustice says that the state has already granted more than 50 waivers to energy companies so they can still keep certain ingredients a secret from the public. That’s hardly a step in the right direction.

Sat, 2011-12-31 13:21Farron Cousins
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The Year In Dirty Energy: Fracking

The practice of hydraulic fracturing (fracking) has taken center stage this year as one of the most important environmental threats facing North America (and increasingly in other parts of the world). Thanks to inadequate state oversight and Dick Cheney's hamstringing of EPA oversight with the Halliburton Loophole, fracking has expanded through the United States incredibly rapidly over the past few years. In 2011, fracking faced much closer scrutiny as scientists, researchers and affected communities continue studying water, air and property impacts reported in areas where the controversial unconventional energy drilling is taking place.

Fracking awareness received a huge boost this year with “Gasland,” a documentary film which earned director Josh Fox an Academy Award nomination. Featuring interviews with landowners and families affected by fracking, the film is helping to bring the issue to the mainstream.

DeSmogBlog has published dozens of posts detailing the latest information available on fracking over the several years. 

In May 2010, DeSmogBlog released an extensive report, Fracking The Future: How Unconventional Gas Threatens Water, Health, and Climate, delving into many of the health, environmental and climate threats posed by the fracking boom.  

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