EPA

Wed, 2013-09-04 05:00Farron Cousins
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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.

Thu, 2013-08-15 07:00Farron Cousins
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Coal Industry Waging War Against EPA

After playing the victims of an allegedly unfair, and completely fabricated, “war on coal,” the coal industry has gone on the offensive by launching their own war on federal regulators.  Specifically, the group has their sights set on the Environmental Protection Agency (EPA).

Coal lobbyists, led by the American Coalition for Clean Coal Electricity (ACCCE), have been meeting with White House officials to weaken EPA standards on CO2 emissions.  The lobbyists claim that a rule requiring carbon capture and storage (CCS) technology at all new coal-burning power plants should be removed because the technology is “not available.” 

Once you move past their talking points, their real agenda is clearly visible.  After claiming that the required technology is not available, the lobbyists then admitted that their goal was to completely exempt the industry from any form of emissions standards put forth by the EPA through the Clean Air Act.

The EPA is currently working on draft proposals that would significantly reduce the amount of allowable carbon pollution from existing power plants, a move that the coal industry views as too costly.  The lobbyists' meeting with White House officials is, according to The Hill, the most recent in a string of meetings between industry and administration officials this summer.

Tue, 2013-08-13 07:00Sharon Kelly
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Greenwashing Concerns Mount as Evidence of Fracking's Climate Impact Grows

Several years ago, Utah public health officials realized they had a big problem on their hands – one with national implications as other states were racing to increase oil and gas drilling. Smog levels in the state’s rural Uintah basin were rivaling those found in Los Angeles or Houston on their worst days.

The culprit, an EPA report concluded earlier this year: oil and gas operations. The industry was responsible for roughly 99 percent of the volatile organic compounds found in the basin, which mixed under sunlight with nitrogen oxides – at least 57% of which also came from oil and gas development – to form the choking smog, so thick that the nearby Salt Lake City airport was forced to divert flights when the smog was at its worst.

But the haze over the Uintah isn’t the most dangerous air pollutant coming from the oil and gas fields in the valley.

A string of studies by the National Oceanic and Atmospheric Administration show that the core ingredient in natural gas, methane, is leaking at rates far higher than previously suspected.  This methane has climate change impacts that, on a pound-for-pound basis, will be far more powerful over the next two decades than the carbon dioxide emissions that have been the focus of most climate change discussions.

The smog problem is especially pronounced in Utah. But a growing body of research nationwide suggests that methane is leaking from the natural gas industry at levels far higher than previously known.

In Washington D.C., pressure is mounting to ignore these methane leaks. The oil and gas industry says there is no time to waste. We must proceed immediately with the “all-of-the-above” national energy strategy they say, code for “drill baby drill”. This pressure is coming not only from the natural gas industry itself, but also from a surprising ally: the Environmental Defense Fund, which has supported natural gas development as a “bridge” from coal to renewables.

This position has drawn renewed accusations that the EDF is “greenwashing” for the natural gas industry.

Mon, 2013-08-12 12:18Farron Cousins
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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.

Thu, 2013-08-08 11:57Farron Cousins
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Congressional Republicans Take Stab At EPA Before Heading To Recess

Republicans in the U.S. House of Representatives kicked off the month of August with one of their favorite activitiesattacking the Environmental Protection Agency (EPA.)

Last Thursday, in one of their final acts before they take the entire month of August off, the Republican-controlled House passed a piece of legislation that would greatly reduce the EPA’s ability to regulate corporate pollution.  The vote, according to The Hill, was largely along party lines, with Republicans supporting the bill and Democrats opposing.

The legislation, cleverly titled Regulations From the Executive in Need of Scrutiny or REINS, would give Congress the ability to approve or deny any regulations put in place by the EPA, if they cost more than $100 million or any standards that would tax carbon emissions.

The Hill details the conservative reasoning behind the legislation:

Mon, 2013-08-05 10:23Steve Horn
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Exclusive: Censored EPA PA Fracking Water Contamination Presentation Published for First Time

DeSmogBlog has obtained a copy of an Obama Administration Environmental Protection Agency (EPA) fracking groundwater contamination PowerPoint presentation describing a then-forthcoming study's findings in Dimock, Pennsylvania. 

The PowerPoint presentation reveals a clear link between hydraulic fracturing (“fracking”) for shale gas in Dimock and groundwater contamination, but was censored by the Obama Administration. Instead, the EPA issued an official desk statement in July 2012 - in the thick of election year - saying the water in Dimock was safe for consumption.

Titled “Isotech-Stable Isotype Analysis: Determinining the Origin of Methane and Its Effets on the Aquifer,” the PowerPoint presentation concludes that in Cabot Oil and Gas' Dimock Gesford 2 well, “Drilling creates pathways, either temporary or permanent, that allows gas to migrate to the shallow aquifer near [the] surface…In some cases, these gases disrupt groundwater quality.”  

Other charts depict Cabot's Gesford 3 and 9 wells as doing much of the same, allowing methane to migrate up to aquifers to unprecedented levels - not coincidentally - coinciding with the wells being fracked. The PowerPoint's conclusions are damning. 

Mon, 2013-07-29 05:00Steve Horn
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LA Times: EPA Censored Key Pennsylvania Fracking Water Contamination Study

A must-read Los Angeles Times story by Neela Banerjee demonstrates that - once again - the Obama administration put the kibosh on a key Environmental Protection Agency (EPA) study on hydraulic fracturing (“fracking”) groundwater contamination, this time in Dimock, Pennsylvania.

Though EPA said Dimock's water wasn't contaminated by fracking in a 2012 election year desk statement, internal documents obtained by LA Times reporter Neela Banerjee show regional EPA staff members saying the exact opposite among friends. 

“In an internal EPA PowerPoint presentation…staff members warned their superiors that several wells had been contaminated with methane and substances such as manganese and arsenic, most likely because of local natural gas production,” writes Banerjee.

“The presentation, based on data collected over 4 1/2 years at 11 wells around Dimock, concluded that 'methane and other gases released during drilling (including air from the drilling) apparently cause significant damage to the water quality.' The presentation also concluded that 'methane is at significantly higher concentrations in the aquifers after gas drilling and perhaps as a result of fracking [hydraulic fracturing] and other gas well work,” Banerjee further explained.

It's essentially a repeat of Steve Lipsky's water contamination by Range Resources in late-2010 in Weatherford, TexasIn that case, EPA conducted a taxpayer funded study, determined Range had contaminated his water, sued Range - and then proceeded to drop the suit and censor the study in March 2012

EPA also recently kicked the can down the road on a high-profile fracking groundwater contamination study in Pavillion, Wyoming, originally set to come out in 2014. That release is now expected in 2016, another election year. Just days after EPA's decision, a Duke University study again linked fracking to groundwater contamination in the Marcellus Shale.

Fri, 2013-07-26 11:00Farron Cousins
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Industry Pressure Shuts Down EPA Fracking Investigations, Watch our Ring of Fire interview

The U.S. Environmental Protection Agency (EPA) has spent countless taxpayer dollars and man-hours over the last few years investigating the environmental threats posed by hydraulic fracturing (fracking) in many regions across the United States.  And when their draft reports showed that the practice was poisoning water supplies, the gas industry stepped in and immediately put a halt to the studies.

According to a new report by ProPublica, the EPA has halted several investigations into the safety of fracking operations in places like Texas, Pennsylvania, and Wyoming. 

Most recently, the EPA halted a study on the environmental impact of fracking in Pavillion, Wyoming.  The draft report of the study had been finished, but the gas industry intervened and questioned the validity of the study, so the EPA decided to back off and hand over the task of completing the study to the state of Wyoming.  The state will finish the investigation, but the funding will come from the natural gas drilling company EnCana.  Incidentally, EnCana is responsible for the pollution that the EPA was testing.

And it wasn’t that the EPA didn’t find anything that citizens should be concerned about; quite the opposite is true.  In spite of halting the study, the agency still told residents that they should not drink the water coming out of their taps, nor should they use it to bathe because of the chemicals that were found in the tap water. 

Wed, 2013-07-03 11:00Farron Cousins
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Obama's War On Coal Doesn’t Exist…Says Coal Lobby?

During the run-up to the 2012 U.S. Presidential Election, Republican candidate Mitt Romney ran ads and the party adopted as a platform the “war on coal” being waged by President Barack Obama.  While the platform failed when it came to securing votes for the Republican Party, it hasn’t stopped the GOP from re-launching the same talking points in the wake of President Obama’s recent climate change action speech.

Republican Speaker of the House John Boehner was one of the first to voice his concerns for the coal industry, saying that the President’s plan to reduce carbon emissions from coal-fired power plants would have a devastating impact on employment and the industry itself

Boehner has fallen into the “those who don’t understand history are doomed to repeat it” trap.  As it turns out, the coal industry and their lobbying groups have already admitted that the 2012 “war on coal” talking point was an abject failure.

A spokesman for the National Mining Association recently lamented the following in the industry publication “Coal Age” (courtesy of The Huffington Post):

Anyway, ‘war on coal’ never resonated with much conviction among ordinary Americans. For them, the EPA keeps the air and water clean, their kids safe. The Appalachian permits the EPA held up, the Spruce Mine permit the agency yanked, the regulatory standard it proposed to slow greenhouse gas emissions and stop new coal plant construction – all that flew over the head of most voters who, let’s face it, know far more about the Kardashians than they do about coal.

HuffPost goes on to note that the “war on coal” never really ended for the Republican Party:

Mon, 2013-07-01 10:36Steve Horn
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Two Major Lawsuits Filed Against ExxonMobil for Arkansas Tar Sands Spill

Two major lawsuits were recently filed in the U.S. District Court for the Eastern District of Arkansas against ExxonMobil, the “private empire” behind the March 2013 Pegasus tar sands pipeline spill of over 1.1 million gallons of diluted bitumen (“dilbit”) into the neighborhoods and waterways of Mayflower, AR, located in Faulkner County

One is a class-action lawsuit filed by the Duncan Firm, Thrash Law Firm and Parker Waichman LLP on June 27. The other is a suit filed on June 13 by the U.S. Environmental Protection Agency (EPA) in concert with the Arkansas Attorney General's Office, led by AG Dustin McDaniel.

Collectively, both lawsuits lay out the damning facts of the second biggest tar sands pipeline spill in U.S. history, caused by a 22-foot gash in the pipeline, second only to Enbridge's “dilbit disaster” in Kalamazoo, Michigan. The cases also call for the spill's victims - both people, government bodies and the ecosystem - to receive reparations. 

Among other things, both suits clarify that ExxonMobil Pipeline Company dilbit has contaminated Lake Conway, the largest man-made game and fish commission lake*** in the United States, which serves as a tributary of the Arkansas River.

The class-action tort lawsuit slaps ExxonMobil with willful negligence under Arkansas state law, alleging Exxon knew Pegasus - built in the 1940's far before the age of “extreme energy” and designed to carry light crude - would spill at some point. The suit also reveals for the first time that the spill was just the biggest of 13 other spills preceding it, meaning it was not just a spill out of the blue.  

The joint EPA/Arkansas AG civil lawsuit cites Exxon for violating the Clean Water Act, Arkansas' Hazardous Waste Management Act and Arkansas' Water and Air Pollution Control Act.

Taken together, both suits keep the heat on ExxonMobil and on Alberta tar sands production at-large as the battle over the proposed northern half of TransCanada's Keystone XL tar sands pipeline heats up. U.S. President Barack Obama's State Department is expected to make a decision on that pipeline's fate in the next few months. 

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