Earthjustice

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.  

Sat, 2011-12-10 07:15Farron Cousins
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North American Air Pollution Statistics Will Take Your Breath Away

Two separate reports released this week offer a grim look at the state of air quality in North America. The continent already produces 6% of the world’s greenhouse gas (GHG) emissions from power plants, resulting in an array of health and environmental problems.

According to a joint report by the Environmental Integrity Project (EIP), EarthJustice, and the Sierra Club, the situation in America is getting worse. Their report rated the top 5 worst states for toxic power plant emissions. Some of the chemicals used to rank the states’ emission status included chromium, arsenic, lead, and mercury. These represent four of the most toxic heavy metals found in power plant emissions.

The report, titled “AMERICA’S TOP POWER PLANT TOXIC AIR POLLUTERS listed the 5 worst states as follows:

Pennsylvania (#1 rankings for arsenic and lead)
Ohio (#2 rankings for mercury and selenium)
Indiana (#4 rankings for chromium and nickel)
Kentucky (#2 for arsenic)
Texas (#1 rankings for mercury and selenium)

This report comes as the U.S. EPA is working on new standards for power plant emissions. The agency is under a court order to establish new emission standards, but action on air pollution standards has stalled, thanks to an attempt by the Republican-controlled Congress to strip the EPA of their court-granted authority to regulate air pollution.

Wed, 2011-08-03 15:24Carol Linnitt
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Environmental Working Group Reveals EPA Knowledge of Water Contamination From Fracking

Hydraulic fracturing, or fracking, has been known by the EPA to contaminate underground sources of drinking water since 1987. In a 25-year old investigative report, discovered by the Environmental Working Group (EWG) and Earthjustice, the EPA outlines how fracking for shale gas contaminated a domestic water well in West Virginia.

In a full-length report, called “Cracks in the Façade,” the EWG describes how the uncovered document contradicts the gas industry’s claim that there are no documented cases of water contamination due to fracking. 

The EPA found that fluid from a shale gas well more than 4,000 feet deep contaminated well water and that the incident was “illustrative” of pollution problems associated with oil and gas drilling. With now-uncharacteristic candor, the EPA report outlines how the contamination occurs: “During the fracturing process…fractures can be produced, allowing migration of native brine, fracturing fluid and hydrocarbons from the oil or gas well to a nearby water well. When this happens, the water well can be permanently damaged and a new well must be drilled or an alternative source of drinking water found.”

Sun, 2011-04-24 21:10Brendan DeMelle
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Check Out Earthjustice's Fracking Video Short "Things Always Find A Way To Happen"

Earthjustice released a great video short earlier this month explaining the threats posed by hydraulic fracturing (fracking) for unconventional gas, including water contamination, an exploding house, dead livestock, and health impacts on residents living near fracking operations, to name a few. 

It’s a great brief overview of the reasons why the lax oversight of fracking and other unconventional gas industry practices deserves immediate and intense scrutiny from public health and safety officials. Just last week, we witnessed Chesapeake Energy’s fracking well blowout in Bradford County, Pennsylvania - which eerily took place one year after the BP blowout in the Gulf of Mexico - contaminating local waterways and properties with drilling chemicals. That well blowout is thankfully now under control and awaiting a permanent plug, but it serves as another reminder of how ill-prepared the gas industry is to respond to such emergencies, and to prevent them in the first place.

Watch the Earthjustice short:

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