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Sat, 2014-12-06 07:00Farron Cousins
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Contrary To BP PR, Most Oil Spill Claims Are Legit

For more than a year, oil giant BP has waged a massive public relations battle to convince Americans that the company has been bamboozled by the oil spill claims process relating to the 2010 Deepwater Horizon oil rig blowout.

This BP PR campaign has involved full-page newspaper ads paid for by the company suggesting it is being swindled by Gulf Coast residents who were not affected by the oil spill. BP spokesepeople have appeared in the media to argue that the claims process has been “absurd.” And evidence even suggests that the company has employed online “trolls” to attack legitimate victims on social media websites.

BP has spent hundreds of millions of dollars on this PR blitz, all because they want to avoid paying out any more claims to Gulf Coast residents. But the problem the company is running into now is that independent investigations have shown that the claims process is not rife with fraud, as BP has claimed.

At least 99.5% of the claims that have been filed are legitimate, according to an audit.

Fri, 2014-10-24 14:44Mike Gaworecki
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Crude Oil Transport Project Halted In California After Environmentalists Sue

Back in August, DeSmog reported on California environmentalists stopping “stealth carbon bombs” in their communities. Now they're celebrating another victory as a dangerous—and illegal—crude oil transport project in Sacramento has been halted as well.

According to a report by the Sacramento Bee last March, the Sacramento Metropolitan Air Quality Management District first caught InterState Oil Company, a fuel distributor, offloading ethanol without a permit in the fall of 2012. Inspectors with the AQMD then caught InterState transloading crude oil from trains to trucks bound for Bay Area refineries in September of last year, again without a permit.

InterState was not fined for these violations and was even allowed by the AQMD to continue importing ethanol and crude oil into California by train while it sought the necessary permits.

InterState received the permit to transload crude from trains to trucks in March of this year. On September 23, Earthjustice filed a lawsuit in Sacramento Superior Court on behalf of the Sierra Club challenging what it called the AQMD's “furtive approval” of the permit.

Fri, 2014-09-12 14:00Connor Gibson
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Coal Lobbyist Jeff Holmstead Disqualified by Federal Judge in Ameren Pollution Lawsuit

Originally published on PolluterWatch

Jeff Holmstead, perhaps the nation's prime example of a revolving door lobbyist, was dismissed by a federal judge as an expert witness in a lawsuit brought by the U.S. Environmental Protection Agency against Ameren Missouri, a coal burning utility.

In an ongoing case, the EPA has charged Ameren with violating the Clean Air Act by not installing appropriate pollution controls at one of its coal plants. The Sierra Club has since sued Ameren, “alleging 7,880 air quality violations at three coal-burning power plants since 2009,” according to the St. Louis Post-Dispatch.

Judge Rodney Sippel granted U.S. Justice Department's request to remove Holmstead as a witness, confirming that the lobbyist's history at U.S. EPA posed “multiple conflicts of interest.” Here's the judge's motion to dismiss Jeffrey Holmstead, citing Holmstead's use of his EPA experience to undermine EPA's pollution enforcement actions (emphases added):

Mr. Holmstead’s legal opinions are irrelevant, speculative, and inadmissible.” […] “By his own description, Mr. Holmstead’s testimony relies on his recollection of EPA “internal meetings” that he says are relevant to the issues to be tried in this action. Such internal communications are privileged and confidential and Mr. Holmstead may not rely on his recollection of them to testify against EPA. Moreover, Mr. Holmstead received other privileged information concerning the issues about which he now seeks to testify on behalf of Ameren, and participated in power-plants enforcement cases related to this one while at EPA. Before he left EPA, he even personally provided a declaration for EPA that is at issue in this and other related power-plants enforcement cases asserting privilege claims on behalf of EPA over documents that are relevant to the opinions he now seeks to offer. Yet he now seeks to change sides and testify against EPA. Moreover, he was assisted in the preparation of his report by another former EPA attorney who was involved in the early stages of the investigation that ultimately led to the filing of this case. For the reasons discussed in the accompanying Memorandum, Mr. Holmstead should not be allowed to testify in this matter due to his multiple conflicts of interest.

This is a notable blow to Mr. Holmstead's credibility, who touts his time at EPA to obscure his lobbying to protect polluters from public accountability.

Sun, 2014-09-07 08:00Julie Dermansky
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Louisiana's St. Tammany Parish Comes One Step Closer to Fracking

St Tammany Parish Fracking

The Department of Louisiana Natural Resources (DNRhas approved a unit permit for Helis Oil & Gas Company for a site in St. Tammany Parish that the company plans to frack. 

The department’s decision came on Friday, August 29, the ninth anniversary of Hurricane Katrina and the beginning of the Labor Day weekend.

Releasing the news on Friday is typical of Louisiana's government. It is another demonstration of how DNR is an advocate for the oil industry, not the people,” retired Lt. Gen. Russel Honoré, founder of the Green Army, told DeSmogBlog. “They know the majority of the parish do not want fracking and that they are doing something the people don't want. Releasing the news like that is disrespectful.”

Mon, 2014-06-30 12:15Sharon Kelly
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In Blow to Oil Industry, New York's Top Court Upholds Local Fracking Bans

New York's highest state court ruled today that local governments have the legal authority to use zoning to bar oil and gas drilling, fracking and other heavy industrial sites within their borders. In a 5-2 decision, affirming the rulings of three lower courts, the justices dismissed challenges to fracking bans created by two towns, Middlefield and Dryden.

The case has been closely watched by the oil and gas industry in the Marcellus region and nationwide. Over 170 towns, villages and cities in New York state have crafted local moratoria or bans on fracking. Dozens more towns are expected to enact moratoria in the wake of this ruling, according to Earthworks, one of the public interest groups whose attorneys worked on the case.

Nationwide, nearly 500 local governments have enacted measures against fracking, according to Food and Water Watch which tracks local control actions, including towns in Texas, West Virginia, Pennsylvania, Colorado and California, each of which have been the focus of recent shale rushes.

The oil and gas industry had argued that allowing local control over fracking risked creating a patchwork of rules in different municipalities. Environmental groups countered that the rights of local communities to control development within their borders trumped those concerns, and that local governments had the clear legal authority to decide how development could proceed.

“On the one hand, you're saying yes, we should have a comprehensive strategy to deal with such an important issue to our state – energy,” Chief Judge Jonathan Lippman explained when the cases were argued before the court on June 3. “And on the other hand, municipalities believe (they can) determine how they're going to live. They want some voice in how they live.”

Today, less than a month later, the court's majority decided in favor of local control. “The towns both studied the issue and acted within their home rule powers in determining that gas drilling would permanently alter and adversely affect the deliberately-cultivated, small-town character of their communities,” the New York Court of Appeals wrote in its majority ruling.

Thu, 2014-06-26 14:22Farron Cousins
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Obama Administration Secretly Weakening EPA Rules

One of highest hopes that environmentally-minded Americans had for President Obama when he first entered office was that he would finally put an end to the secrecy that marred the former Bush administration when it came to environmental policy. 

The image of then-Vice President Dick Cheney meeting in secret with dirty energy industry leaders was still fresh in our heads as we went to the polls in 2008, and we were all but certain that the country chose a leader that would leave those dark days in the past.

Sadly, those hopes for a policy change were dashed before the end of Obama’s first year.  He talked a big game on the campaign trail, but when it came to acting on those promises, that rhetoric proved to be just as hollow as his predecessor’s. 

Obama doubled down on coal, oil, and fracking, while allowing renewable energy investments to fall.  But the most disturbing part of the story is that Obama and his officials have been working in secret to weaken environmental standards that his administration has been patting themselves on the back for in public.

Recently, a federal judge expanded a Freedom of Information Act lawsuit that was filed against the Small Business Administration (SBA), which claims that officials within the White House Office of Management and Budget (OMB) has been working to weaken the Environmental Protection Agency’s (EPA) power plant pollution standards.  The administration has been dragging its feet in providing the information requested, even after the court ruling, which has led environmental groups to file a complaint against the White House.

At issue is the EPA’s failure to update standards for existing power plants as required by the Clean Air Act — a move that the U.S. Supreme Court had previously said was required of the agency.  The current rules have not been updated since 1982, and environmental groups say that the lack of updating is due to influence from the White House itself.

Sat, 2014-04-26 08:00Farron Cousins
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Favorable Court Ruling Lets Americans Breathe Easier

The U.S. Environmental Protection Agency (EPA) scored a huge court victory recently, with the U.S. Court of Appeals for the District of Columbia ruling that the agency’s Mercury and Air Toxics Standard (MATS) is within the EPA’s realm of enforcement.

The rule, which was put in place in 2012 and would take effect later this year, would tighten the reins on coal-fired power plant pollution.  The legal challenge was brought by the dirty energy industry along with several states that contended that the new standards would cost the industry too much money.

The three-judge panel found that the rule did not overstep the EPA’s authority, although one of the justices did dissent on part of the ruling.  Judge Brett Kavanaugh said that he believed that the EPA did not consider the overall costs to the industry when they made the rule, even if the agency did conclude that the benefits outweigh the costs (that they allegedly didn’t consider).  

It is worth noting that Kavanaugh was appointed to the bench by former president George W. Bush after helping Bush craft a plan to pack the courts with conservative justices.  Prior to his position within the Bush administration, Kavanaugh worked for the corporate defense firm of Kirkland & Ellis, the firm currently representing BP for their negligence in the Deepwater Horizon oil spill disaster. 

The specific language that was targeted was the phrase “appropriate and necessary,” which appears in the Clean Air Act and is the phrase that gives the EPA the authority to enact new standards.  The court found that the industry’s challenge that the rule was neither appropriate nor necessary was flawed.

The real issue in the case is that the industry does not want to pay to clean up their operations.  However, some companies have already installed the necessary equipment to capture mercury and other toxic pollution. 

Tue, 2014-04-22 15:27Brendan DeMelle
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Breaking: $3 Million Jury Verdict in Texas Fracking Nuisance Case

A jury in Dallas, TX today awarded $2.925 million to plaintiffs Bob and Lisa Parr, who sued Barnett shale fracking company Aruba Petroleum Inc. for intentionally causing a nuisance on the Parr's property which impacted their health and ruined their drinking water.

The jury returned its 5-1 verdict confirming that Aruba Petroleum “intentionally created a private nuisance” though its drilling, fracking and production activities at 21 gas wells near the Parrs' Wise County home over a three-year period between 2008-2011.

Plaintiffs attorneys claimed the case is “the first fracking verdict in U.S. history.” 

The trial lasted two and a half weeks. Aruba Petroleum plans to appeal the verdict.

The pollution from natural gas production near the Parrs' Wise County home was so bad that they were forced to flee their 40-acre property for months at a time.  

Tue, 2014-04-15 13:25Farron Cousins
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Industry Funded Politicians Hope To Thwart Pollution Penalties In North Carolina

On March 6th of this year, North Carolina Superior Court Judge Paul Ridgeway handed down a ruling that Duke Energy must immediately prevent toxins from their coal ash ponds from leaking into the water supply, and also that the energy giant had to develop a plan to clean up all of the groundwater that they had contaminated in the state.  Ridgeway said that the state and the energy company had been misinterpreting a state law for decades in order to avoid cleaning up their toxic mess.

Judge Ridgeway’s ruling gave the North Carolina Environmental Management Commission (EMC) the authority to hold Duke accountable for years of pollution.  And just when it looked like Duke Energy might finally have to pay for their environmental crimes, something magical happened for the dirty energy company:  The EMC appealed Ridgeway’s ruling.

Rather than doing the job they were ordered to do by a judge, the state agency sided with Duke Energy in appealing the ruling, claiming that the state’s environmental laws do not give the agency the authority to order a cleanup of contaminated water supplies.

The EMC isn’t reacting this way because they are too busy, or because they don’t have the resources to enforce the cleanup – they joined the appeal because Duke Energy owns the state government in North Carolina.

The EMC claims to operate independently from the influence of state government, but they are directly appointed by the government.  The board consists of 15 members appointed by Republican Governor Pat McCrory (8 appointments to the board), Republican House Speaker Thom Tillis, and Republican Senate leader Phil Berger (7 collective appointments to the board.)  The common thread among these politicians is that their campaigns were all funded by Duke Energy and a host of other dirty energy heavyweights.

Wed, 2014-03-19 12:41Farron Cousins
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Coal Exporter United Bulk Sued For Polluting Mississippi River

A coalition of environmental advocacy groups filed a lawsuit earlier this week against United Bulk, alleging that the company is responsible for numerous violations of the Clean Water Act for polluting the Mississippi River.  United Bulk operates coal export terminals along the Mississippi and the Gulf Coast.

The suit alleges — along with plenty of photographic evidence to back up the allegations — that United Bulk has left piles of coal debris and petroleum coke (petcoke) along the banks of the river for the last five years.  These piles are left unattended, unsecured, and uncovered in the elements, allowing wind and rain to easily sweep these pollutants into the Mississippi River and nearby marshes. 

A press release from the Clean Gulf Commerce Coalition lays out the basics:

The suit contends that United Bulk has illegally discharged coal and petcoke into the river every day that it has operated for at least five years. It points out that coal and petcoke—an oil-refining byproduct with high levels of arsenic, mercury and other toxins hazardous to human health and aquatic life—have been discharged into the river in enough quantities to produce visible spills on a regular basis. The suit also cites the U.S. Environmental Protection Agency’s determination that stormwater runoff from coal piles “can flush heavy metals from the coal, such as arsenic and lead, into nearby bodies of water.”

As mentioned above, the Gulf Restoration Project and the Sierra Club have released photographs of United Bulk’s contamination of the Mississippi River:

 photo UnitedBulk2.jpg

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