Science On Trial In America As Courts and Congress Grapple with Industry Pollution

Both the science behind climate change and the efficacy of life-saving safety standards from the U.S. Environmental Protection Agency (EPA) had a trying week in Washington, D.C., as industry-backed lawsuits and politicians attempted to undermine the entire scientific community.

The EPA is currently battling two major legal obstacles in the courts over the agency's authority to enact and enforce provisions of the Clean Air Act.  This is a power that the U.S. Supreme Court had already ruled was not only within the agency’s jurisdiction, but a duty that it had to perform for the American public.

One of the legal battles took place at the U.S. Court of Appeals for the D.C. Circuit, where the EPA defended its work to limit the amount of mercury and arsenic that energy companies are allowed to release into the air.  According to NRDC, these health standards that are under attack from the dirty energy industry have the potential to save as many as 45,000 lives a year.

Based on the D.C. Circuit’s previous rulings regarding the Clean Air Act, it is likely that the EPA will be the victor in this case. 

U.S. Chamber Of Commerce Backing Mitch McConnell, Other Coal Candidates In 2014

Republican Senate minority leader Mitch McConnell is facing an uphill battle for reelection in next year’s midterms.  But luckily for McConnell, his powerful allies in the dirty energy industry have deep pockets and are willing to shower his campaign with cash to help increase his chances of victory.

Over the last year, McConnell has been described as “the most unpopular Senator,” and in the last few months his approval rating has fallen to the mid-30’s.  He is currently trailing Democratic opponent Alison Lundergan Grimes by 2 percentage points in polls. 

McConnell’s allies in the business community, specifically the U.S. Chamber of Commerce, released an ad earlier this week touting McConnell’s commitment to the coal industry, and attacking the so-called “war on coal” coming from the Obama Administration.  Here is the ad:

According to, the U.S. Chamber of Commerce is funded, at least in part, by a number of dirty energy companies.  This helps explain their willingness to use the “war on coal” as a tool to aid in McConnell’s reelection.

Facing the Facts: Climate Change Is Bad For Business

As leaders of the industrialized world continue to squabble at home over how to address the threat of climate change – and even as they battle internal factions who don’t believe the science of climate change – one group of leaders has come out in favor of swift, comprehensive action to prevent global catastrophe.  Those leaders come from some of the largest businesses on the planet.

Just one year ago, Hurricane Sandy hit the Northeast with a force not seen in the region in decades.  In the aftermath, shipping and distribution of goods in and out of the Northeast was severely disrupted.  The costs of these disruptions, as well as the physical damage from the storm, are projected to cost the U.S. economy $20 billion

Sandy served as a wake up call to business leaders, as it highlighted how grossly unprepared they are in the face of climate change related disasters.  In the Midwest, floods and wildfires in recent years have also impacted the business supply chain, costing untold millions worth of economic activity.

But many within the business community understood what was happening, and what it means for the future of business.  They know that, at the end of the day, climate change is bad for business.

Never-Released Energy Department Report Predicts Increasing Domestic Conflicts over Water, Energy

Last summer, the United States experienced the worst drought since the Dust Bowl in the 1930s.

At the same time, the country was experiencing one of the biggest onshore drilling booms in history, powered by one of the most water-intensive extraction technologies ever invented: hydraulic fracking.

The tension between these two realities could not be clearer.

This year, as the drilling industry drew millions of gallons of water per well in Arkansas, Colorado, Oklahoma, Texas, Utah and Wyoming, residents in these states struggled with severe droughts and some farmers opted to sell their water to the oil and gas industry rather than try to compete with them for limited resources.

Even the Atlantic coast's mighty Susquehanna River faced record lows last year, leading regulators to suspend dozens of withdrawal permits – the majority of which were for fracking Pennsylvania’s Marcellus shale.

Researchers for the Federal Department of Energy saw problems like this coming, according to thousands of pages of documents about the topic provided to DeSmog, but their recommendations and warnings were consistently edited and downplayed and the final version of their report has yet to be released.

Washington Throws Chemical Safety Standards Out the Window, Are Fracking Chemicals Next?

As our elected officials in Washington attempt to sell us on the idea that we need to go to war against anyone who uses chemical weapons, they are working to remove safety standards that protect citizens from corporate America’s ongoing chemical assault.

In recent weeks, the Environmental Protection Agency (EPA) has rolled back safety regulations for the chemical industry, while the U.S. House of Representatives has prepared to take aim at the government’s ability to monitor chemicals and other safety hazards posed by fracking.

Bowing to pressure by the chemical industry, the EPA has decided to withdraw a proposal that would have added numerous new substances to their database of hazardous chemicals, which is used to issue public health assessments and warnings.  One of the substances is Bisphenol A, a chemical used in the manufacture of certain plastics that has been linked to an increased risk of cancer and reproductive impacts.

The EPA had previously expressed a great deal of concern over the lack of safety standards in place for toxic chemicals that studies had shown were dangerous to the public, but the pressure coming from the chemical industry was far too great for them to overcome.

The American Chemistry Council, a lobbying group that operates as the political arm of chemical manufacturers, believes that the EPA made a “wise decision” to not go forward with their new proposals.  The group has spent more than $4 million this year alone lobbying the U.S. Senate, the U.S. House, and the EPA.

Rather than compiling their lists now, as their proposed rule allowed, the EPA decided to wait until all chemicals are thoroughly and repeatedly analyzed, a process expected to finish in 2017, unless delayed. Then they will begin the process of drafting new proposals. 

This means that the American public will suffer another four years of inaction and exposure to chemicals that the agency already knows are toxic.

Fracking Away Our Water Supply

As many areas of the country experience severe droughts, the fight for clean, fresh water is becoming vital to survival for many American citizens.  The problem has been made worse by the expansion of hydraulic fracturing (fracking), which gobbles up hundreds of millions (billions, according to some estimates) of gallons of potable water every month.

The state of Texas has become the prime example of what can happen when the natural gas industry is allowed to run roughshod over citizens.  The state is currently experiencing one of the worst droughts in modern times, and certain areas have already had to resort to water rationing

But the dwindling supply of fresh water in Texas has barely slowed down the natural gas industry’s fracking activities.  Even as livestock are dying off, crops are withering, and citizens are having to purchase bottled water in order to quench their thirst, fracking companies are sucking fresh water out of the ground in order to satisfy their need to extract every ounce of natural gas from beneath the Texas soil.

The drought and water shortages in Texas have gotten so bad that some residents have said that on some days, they can turn on their faucets and nothing even comes out anymore.

With Congress Back to Work, Republican Attacks On EPA Resume

Fresh off the August recess, the United States Congress got back to business today.  Rather than focusing on pressing issues like a potential war, looming budget deadlines, and the growing problem of student loan debt, some Republican lawmakers thought it was the perfect time to pick up where they left off before their recess – attacking the Environmental Protection Agency.

Texas Republican Lamar Smith, chairman of the House Science, Space and Technology Committee, is enraged that the EPA is not “complying” with a subpoena that his committee issued, requiring the agency to hand over all documents and studies relating to standards issued by the EPA

According to Smith, this information is vital for the public, as the safety standards that it spurs cost the public “trillions of dollars,” he wrote in a letter to the EPA.  Smith never specifies how he came up with that figure, and research shows that regulations put in place by the EPA actually save taxpayers much more money than they cost.  Smith’s letter has given the agency until September 16th to hand over the documents.

Could Lead Paint Lawsuit Pave Way For Class Action Against Coal Industry?

Coal industry executives ought to pay attention to the lead paint lawsuit currently happening in the California court system.

Recently, a lawsuit was filed against the makers of lead paint, alleging that the industry knew about the toxicity of their product and yet still promoted it as “safe” to the public.  The industry has faced many lawsuits over their products in the past, most of which were unsuccessful for the victims, due to the fact that the industry was often up front about the dangers of their products, and they funded public studies to determine the health effects.

But things have changed in the American legal system, and attorneys are now taking a page out of the tobacco litigation playbook.  By unearthing documents that detail the lead paint industry’s attempted cover-up of the dangers, they avoid the “buyer beware” caveat that the tobacco industry used for so long. 

And just like the tobacco industry, lead paint manufacturers were specifically targeting children with their ads.  The California lawsuit is making that a central part of the trial.  Also reminiscent of the tobacco litigation, the suit was filed by cities and municipalities, not individual victims, greatly increasing the chance for success.

The coal industry should be paying very close attention to the progress of this litigation, as their activities could become the next target of skilled attorneys.  For decades, the coal industry has been poisoning American citizens with their coal-mining, -burning and -dumping activities.  Additionally, the dismal working conditions for miners has cost many families an unnecessary loss of life.

Kentucky Lawmakers Still Fighting Nonexistent War On Coal

Even the coal industry itself has conceded that there is no “war on coal”, but lawmakers in the coal-dependent state of Kentucky are still fighting this imaginary battle.

In the wake of President Obama’s speech earlier this summer where he discussed the need to reduce our dependence on coal and work on ways to control coal plant pollution, a bi-partisan group of lawmakers in Kentucky sent a letter to the president last week, warning him that his “war on coal” would be devastating to their state.

The 50 state legislators who signed onto the letter accuse the president of launching an “unfair attack on coal,” which the lawmakers argue will have a devastating effect on their state economy.

The bi-partisan group told the president that the coal industry is responsible for as much as $10 billion in “yearly” economic activity, although that number only represents the year 2010, and subsequent years have seen a sharp decline in the profitability of the industry’s operations in Kentucky.

Industry Influence To Blame For Tavares, Florida Explosion


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