EPA

Mon, 2012-04-23 16:13Guest
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ALEC’s Vision of Pre-Empting EPA Coal Ash Regs Passes the House

Authored by Sara Jerving of PRWatch.org and ALECExposed.org. Cross-posted with permission from the Center for Media and Democracy. 

The U.S. House of Representatives passed an amendment on April 18 to the Surface Transportation Extension Act of 2012 (HR 4348) that would effectively pre-empt the Environmental Protection Agency (EPA) from regulating coal ash, the waste from coal burning plants, as a hazardous waste. About 140 million tons of coal ash are produced by power plants in the United States each year. There are about 1,000 active coal ash storage sites across the country.

According to the EPA, the ash contains concentrations of arsenic, boron, cadmium, chromium, lead, mercury and other metals, but the coal industry has claimed there is less mercury in the ash than in a fluorescent light bulb. However, the EPA found in 2010 that the cancer risk from arsenic near some unlined coal ash ponds was one in 50 – 2,000 times the agency’s regulatory goal. Additionally, researchers from the Environmental Integrity Project, Earthjustice, and Sierra Club have documented water contamination from coal ash sites in 186 locations. The new bill would strip the EPA’s authority to regulate the ash and hand it over to the states.  

The coal industry and its allies have been pushing several levers to stop the EPA from regulating coal ash, including passing resolutions through the American Legislative Exchange Council (ALEC).

Along with its coal ash provisions, the transportation bill, which is intended to extend highway and transit funding through September, includes measures that would advance the controversial trans-Canada Keystone XL pipeline.

Sat, 2012-04-07 11:57Laurel Whitney
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Spruce Mine Mountaintop Removal Coal Permit Restored

In late March, a federal court ruled to open the Spruce No. 1 mine in Logan County, WV, to mountaintop removal coal mining. The EPA had originally vetoed the permit back in January of 2011, explaining that the destructive practices of mountaintop removal would endanger communities' health and access to clean water.

The permit authorizes the largest single mountaintop removal site in West Virginia's history.

Federal Judge Amy Berman Jackson ruled that the EPA overreached when it tried to revoke the permit using the laws of the Clean Water Act. Berman declared,

It posits a scenario involving the automatic self-destruction of a written permit issued by an entirely separate federal agency after years of study and consideration. Not only is this nonrevocation-revocation logistically complicated, but the possibility that it could happen would leave permittees in the untenable position of being unable to rely upon the sole statutory touchstone for measuring their Clean Water Act compliance: the permit.”

Tue, 2012-03-06 07:34Sharon Kelly
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Experts Air Serious Concerns Before New York Fracking Decision

James Thilman/Gothamist

Two recent court decisions  in New York state upheld the right of towns to use zoning laws to limit or even ban fracking within their borders. Other states and cities such as DallasMaryland, and North Carolina, are still trying to figure out whether, and if so how, to proceed with new drilling.

But the big decision that concerned citizens are watching is the one to be made by New York Gov. Andrew Cuomo about his state’s moratorium. New York received more than 40,000 public comments on fracking and is plowing through them now.

The state has yet to publish those documents on the web, but DeSmogBlog has obtained many of them. Here is our initial shortlist of comments that offer the most important warnings and useful insights.

A Hidden Threat?

One of the most overlooked but potentially dangerous public health issues relating to unconventional gas drilling is radon. This odorless and radioactive gas comes up from the wells mixed with the gas that gets piped to consumers. Highly carcinogenic, radon is the second leading cause of lung cancer, just behind cigarette smoking, according to the EPA.

In his comments, Dr. Marvin Resnikoff, director of Radioactive Waste Management Associates, concludes that radon levels in the gas that will come from Marcellus and likely be delivered to nearly 12 million New York residents will be far higher than current levels. As a result, “the potential number of fatal lung cancer deaths due to radon in natural gas from the Marcellus shale range from 1,182 to 30,448” he writes.

Mon, 2012-02-06 09:56Farron Cousins
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Here We Go Again – Republican Attacks On EPA Kick Off 2012 Agenda

With the U.S. Environmental Protection Agency (EPA) set to finally enact stricter air pollution standards in accordance with the Clean Air Act and two subsequent U.S. Supreme Court decisions requiring them to do so, powerful Republicans in the U.S. House of Representatives are working to make sure that the new standards never see the light of day. The specific measures being targeted are the EPA’s new standards for carbon emissions from power plant smoke stacks.

Fred Upton (R-MI), chairman of the House Energy and Commerce Committee, along with Republicans Joe Barton (TX) and Ed Whitfield (KY) sent a letter last week to the White House, demanding that the Obama administration take action to stop the EPA from regulating carbon emissions from power plants.

From their letter:

Thu, 2012-02-02 11:19Laurel Whitney
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Congressional 'Scientific Integrity' Hearing On Fracking In WY Is Quite Lacking In Scientists

After starting the morning off with a little ritual stomping on the freedom of the press by ordering the arrest of Gasland director Josh Fox, the Republican members of the Energy and Environment Subcommittee got down to the real business of the morning: stomping all over the Environmental Protection Agency.

A few months ago the EPA released its draft report on the results from a study it conducted in Pavillion, WY. The residents there worried that the drilling rigs installed to extract natural gas were contaminating their drinking water after they started to experience health problems. After the state failed to produce conclusive results, the EPA was called in and later found benzene and other petroleum compounds not found naturally in groundwater aquifers at 50x the maximum contamination level set by the Safe Drinking Water Act.

After they ruled out other possible sources such as agricultural waste, pesticides, and dysfunctional septic systems, they concluded the contaminants were in fact from the gas wells. The EPA has released the raw data and quality assurance data for commenting and peer review.

The hearing was conducted mainly to assess the validity and integrity of the scientific findings. So naturally, out of the four panelists called to give testimony, none were actually scientists (one was at least a doctor). James Martin testified on behalf of the EPA and Dr. Bernard Goldstein testified to the public health concerns. The other two were Tom Doll of Wyoming Oil & Gas Conservation Commission on behalf of the Wyoming governor, and Kathleen Sgamma of Western Energy Alliance.

Wed, 2012-02-01 16:56Brendan DeMelle
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Video of Josh Fox Being Arrested At House Energy Hearing, First Amendment Rights Ignored

Here is video footage of Gasland director Josh Fox being arrested by Capitol police earlier today. Josh Fox will be on the Ed Schultz show tonight on MSNBC at 8:45pm EST to talk about his arrest today. 

Fox released a statement about his arrest, which we reprint below (H/T Grist):

Wed, 2012-02-01 09:24Laurel Whitney
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Josh Fox Arrested For "Unlawful Entry" At Congressional Fracking Public Hearing, GOP Attacks 1st Amendment Rights

Earlier this morning, “Gasland” filmmaker and anti-fracking advocate Josh Fox was ejected out of the Energy and Environment subcommittee meeting on fracking after he attempted to film it. Claiming the First Amendment gave him rights to record, Fox refused to leave, so he was handcuffed, led out, and later arrested. An ABC news crew was also prevented from filming as well. House Republicans directed the Capitol Hill police to arrest Fox, and to block the ABC team.

The Energy and Environment Subcommittee held a hearing on EPA's fracking study conducted in Pavilion, WY. A few months ago, the agency found benzene and other chemicals associated with fracking in resident's drinking water. The main focus of the hearing was to verify the scientific integrity of the study.

Puzzlingly, Fox was charged with “unlawful entry” to a public hearing. (How is that even possible? We'll await Republican explanation on how they're interpreting the First Amendment here.)

As Fox was led out of the room, Democratic Representative, Brad Miller (D-NC), attempted to suspend the committee rules to let the crews film the hearing but was blocked by the Republican Rep. Andy Harris (R-MD). Normally, the committee chairman can give special permission to allow uncredentialed media members to film. They attempted to pass a motion that would either allow Fox and others to film or postpone the hearing until credentials could be obtained, both of which were voted down with Harris stating that the hearing could be viewed on the web.

Huffington Post released this update

Capitol Police public information officer Seargant Kimberly Schneider provided the following statement to HuffPost on the morning's events:

“At approximately 10:30 a.m. today, United States Capitol Police arrested Joshua Fox of Milanville, Pa. in room 2318 of the Rayburn House office building. He is charged with unlawful entry, and he is currently being processed at United States Capitol Police headquarters.”
UPDATE: Gasland posted on Facebook that Josh Fox will be on the Ed Schultz show tonight on MSNBC at 8:45pm EST to talk about his arrest today.
Mon, 2012-01-23 12:14Laurel Whitney
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EPA Comments On New York's Environmental Impact Assessment: Hey...You Missed A Few Things

On the heels of receiving over 40,000 citizen comments on their environmental impact assessment, it looks like the New York State Department of Environmental Conservation is also getting flack from the EPA on their fracking proposal.

The EPA's concerns echo those being shouted from the rooftops (or at least outside local town halls) for months from New York and Pennsylvania residents and advocacy groups, who are alarmed about the inherent risks to public health and drinking water that fracking imposes. The other looming question is whether the DEC can handle such a lofty task, seeing that they've experienced budget cuts and layoffs over the past couple of years.

Mainly, there are major concerns over drinking water buffer zones, wastewater treatment plans, those pesky earthquakes that seem to hang out near fracking-related sites, and the radiation hazards that could threaten workers and nearby residents.

Fri, 2012-01-13 12:53Farron Cousins
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US Chamber of Commerce Jobs Plan Rehashes Old, Debunked Talking Points

The U.S. Chamber of Commerce released its “The State of American Business 2012” plan this week, outlining their own vision of how to create jobs in America. There were no surprises in Chamber President Tom Donohue’s address to business leaders. He simply rehashed the same tired talking points that we’ve seen from them for years.

In addition to enacting what they call a “globally competitive tax code” and “fixing our broken immigration system,” the Chamber threw out some classic gems that persist despite being able to withstand the truth test. From their newly launched FreeEnterprise.com website:

Produce American Energy and Rebuild Infrastructure. Approve the Keystone XL pipeline to put up to 250,000 Americans to work over the life of the project while preventing the EPA from enacting new regulations on fracking that sabotage a natural gas revolution. Complete Federal Aviation Administration reauthorization, which is more than four years delayed, to strengthen our aviation system and deploy the NextGen air traffic control system. Renew surface transportation funding legislation before it expires in March and invest in water infrastructure.

Advance Regulatory and Legal Reform. Pass the Administrative Procedure Act to restore sound science, quality data, and common sense to the regulatory system while curbing regulatory overreach by EPA and the National Labor Relations Board. Stop the expansion of liability at home and abroad that is sucking the vitality out of our nation’s job creators.

Put more bluntly, this is the Chamber's message: Do away with environmental and health protections and let the same companies that brought us the disaster in the Gulf of Mexico and countless other “accidents” expand oil drilling, fracking, and other dirty energy extraction methods in every possible place. “Trust us, we're experts,” they say.

Fri, 2011-12-30 13:49Farron Cousins
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The Year In Dirty Energy: Keystone XL

This year, a deal between TransCanada and the U.S. government almost allowed one of the most disastrous plans in energy history to win aproval. The deal would have allowed TransCanada to build the Keystone XL pipeline across the U.S. border to carry an exceptionally dirty form of oil from Alberta's tar sands through several U.S. states to refineries along the Texas gulf coast.

But thanks to some bizarre GOP politicking in the year-end fight over payroll tax cut legislation, the table is set for President Obama to reject this fossil folly. The likely demise of one giant ill-advised pipeline is no small feat, but it doesn't mean the world can forget about the tar sands, by a long shot. The world is still addicted to oil, and Canada's fossil-friendly leaders will continue their quest to sell the tar sands bitumen on the global market.

Ever since our founding in 2006, DeSmogBlog has helped spread the word about the dangerous health and climate impacts that the tar sands pose to the environment and the global climate. Over the past year, we focused our research particularly on the dirty tricks employed by the oil industry in an effort to get the Keystone XL pipeline approved.

After Friends of the Earth exposed the fact that TransCanada's Keystone XL lobbyist Paul Elliott had worked on Hillary Clinton's 2008 presidential campaign and enjoyed special access with former colleagues, DeSmogBlog revealed further ties between TransCanada lobbyists and the U.S. government. For example:

On the web of lobbyists with connections to Hillary Clinton:

However, the tar sands industry’s use of former Clinton associates to lobby on the controversial project extends beyond Mr. Elliott. DeSmogBlog has uncovered seven other influencers or lobbyists with ties to Clinton and Obama who have lobbied on behalf of tar sands interests for approval of the Keystone XL pipeline.

McKenna Long & Aldridge is one of the key outside firms registered to lobby for TransCanada Pipelines, which paid the McKenna firm at least $190,000 over the last 5 years to lobby on their pipeline issues, including $40,000 in the first half of 2011. McKenna employees donated $41,650 in campaign contributions to Hillary Clinton in 2008, according to the Center for Responsive Politics.

For the full report, see Hillary Clinton's Keystone XL Crony Lobbyists Problem.

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