Law

Tue, 2014-01-14 20:52Farron Cousins
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First On 2014 Congressional Agenda: Dismantle EPA Protections That Save Lives

After nearly a month off, U.S. elected officials returned to Washington, D.C. this week.  And just as they so often do after returning from vacation, one of their first legislative actions was to dismantle portions of the Environmental Protection Agency (EPA).

The U.S. House of Representatives passed a legislative packet that will greatly reduce the EPA’s ability to monitor environmental and health violations, leaving that responsibility to the states, many of which are constrained in their ability by tight budgets. 

The package, known as the Reducing Excessive Deadline Obligations Act, is a compilation of three separate bills, each attacking a different area of the EPA.

One of the biggest changes stemming from the legislation is a requirement that EPA update its rules for solid waste disposal every three years, and the agency will no longer be able to impose any regulations on solid waste disposal that interfere or attempt to supersede state laws. 

Other parts of the legislative package compel the EPA to consult with states before imposing rules on the cleanup of Superfund sites, in addition to language that requires the President to consult with state leadership before enforcing environmental laws.

The three separate pieces of legislation included in the packet were proposed by Republican representatives Cory Gardner of Colorado and Bob Latta and Bill Johnson of Ohio.  Altogether, the three Republicans have received more than $1,190,000 from the dirty energy industry.

Wed, 2013-03-27 06:00Ben Jervey
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Another Judge Agrees: Atmosphere Should Be Protected As a Public Trust [Updated]

Should the atmosphere be considered part of the public trust, a resource essential for our collective survival? An Iowa judge, for one, thinks that there is good reason and precedent.

Thu, 2012-10-18 10:34Carol Linnitt
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China-Canada Investment "Straitjacket:" Interview with Gus Van Harten Part 2

This post is second in a series on the Canada-China Investment “Straitjacket:” Exclusive Interview with Gus Van Harten. You can read the first segment here.

Right now Canadians stare down the barrel of a 31-year long legal trade agreement with the Chinese government that did not become public knowledge until September 26, 2012.

The trade treaty, known as the Foreign Investment Protection Agreement or FIPA, has garnered notable opposition in the past three weeks, with NDP trade critic Don Davies calling for public hearings, Green Party MP Elizabeth May calling for an emergency Parliamentary debate, and campaign organizations Leadnow.ca and SumofUs.org gathering over 39,300 opposition signatures (and counting) to deliver in person to Ottawa.

Yesterday, the Canadian Press reported the Harper government's refusal to host public hearings. Elizabeth May's October 1 request was also denied on the grounds that FIPA does not meet the test of emergency.

The trade agreement, or treaty, as it is called, is slated for ratification at the end of this month. The Commons trade committee will be briefed on the document in a one hour hearing.

With a trade deal that threatens Canadian sovereignty looming on the horizon and a government committed to expediting its approval, DeSmog caught up with trade investment lawyer and Osgoode professor Gus Van Harten to talk through some of the details.

Wed, 2012-04-04 14:11Ben Jervey
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Young Americans Sue Government to Stop Global Warming, Polluter Interests Granted Intervention To Defend

Last May, a group of young Americans, fed up with government inaction on climate change, decided to sue to protect their future. The group, led by 16-year old Alec Loorz, founder of Kids vs. Global Warming and the iMatter campaign, filed legal actions against the federal government and 49 states, seeking to force the states and federal government to develop a comprehensive plan to reduce greenhouse gas pollution to levels deemed necessary by the best available science.

Earlier today, a D.C. District Court judge ruled that the National Association of Manufacturers and other polluter interests can intervene on the government's behalf to argue that they have the right to keep on dumping carbon pollution into the atmosphere.

So the case is sure to prove controversial and the world will be watching to see how the courts handle the matter in the weeks and months to come.

As Loorz, now 17, explained to me last week, the decision to sue the government came only after seeing the failures of the Executive and Legislative branches in addressing the problem.

Fri, 2011-04-29 11:12Farron Cousins
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State Of Florida To Fast Track Environmental Destruction

Environmental groups in the state of Florida are working overtime this week in an attempt to stop a bill from passing the Florida Legislature that would give corporations the green light to destroy the environment. The bill, HB-991, would make it easier for corporations to obtain permits for things like mining, manufacturing, and razing an entire ecosystem for companies doing business in Florida. Audubon of Florida, 1000 Friends of Florida, the Sierra Club, the Florida Wildlife Federation, the Nature Conservancy and the National Parks Conservation Association have joined forces this week, urging people to make phone calls to their representatives in an effort to stop the bill.

What makes that bill so dangerous is that it shifts environmental burdens from corporations to citizens. If passed by the Republican-controlled Florida legislature, the bill would no longer require a company to prove that their activities would not harm the environment or nearby residents. Instead, residents who say that companies are polluting or otherwise destroying the environment will have to prove to the state that these things are happening.

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