lawsuit

Sun, 2013-01-06 12:10Farron Cousins
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Citizens Take Action Against Coal Company For Clean Water Act Violations

A citizens group in Pennsylvania has filed a lawsuit against Emerald Coal Resources LP (ECR) for polluting waterways in their state.  ECR operates a coalfield in Waynesburg, which is the focus of the suit.

The suit is being handled by The Center For Coalfield Justice, and alleges that ECR committed numerous violations of the Clean Water Act over the last five years, with those violations greatly intensifying in the last 12 months.

Huffington Post has the specifics on the suit:

The lawsuit contends Emerald Coal has violated pollution levels for iron, manganese, aluminum and other pollutants more than 120 times in the past 12 months and more than 400 times in the past five years. The group is basing those claims on violations the company has been self-reporting to the Pennsylvania Department of Environmental Protection under Emerald's National Pollutant Discharge Elimination System Permit as part of the federal Clean Water Act.

The Center for Coalfield Justice said that they had attempted to reach an amicable resolution to the violations with ECR, but that the company was less than willing to cooperate.  As such, the group felt that a lawsuit would be the only way to force the company to comply with federal laws.

The Clean Water Act allows for citizens to sue when corporations have violated the law, provided they give the federal government 60 days notice. The Center for Coalfield Justice has followed that protocol

Wed, 2012-12-19 10:16Farron Cousins
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Group Sues Obama Administration Over Offshore Oil And Gas Leasing Program

A lawsuit has been filed against the Obama administration over the economic claims that the Bureau of Ocean Energy Management (BOEM) made in their 5-year plan to open up new areas around the United States to offshore oil and gas leasing.  The suit, filed by the Center for Sustainable Economy (CSE), says that the administration not only grossly exaggerated the economic benefits of increased energy exploration, but also that they failed to take all costs into account.

BOEM’s plan would lease a total of 15 new areas for exploration, including areas within the Gulf of Mexico, the Cook Inlet, Alaskan waters, and the Beaufort Sea.  But rather than focusing strictly on the environmental impact of the projects, CSE took an approach that tends to have better results in Washington – Economics.

The economic argument is very powerful, as CSE explains that the increased oil and gas exploration will cost the United States more than it will gain.  And according to federal laws (specifically Section 18 of the Outer Continental Shelf Lands Act), in order to grant permission for projects such as the leasing program, there must be a net public gain. 

For example, the best estimates for the amount of money to be made from oil and gas in these areas ranges from $1 to $2 billion per year.  However, these areas currently provide an economic boost of as much as $70 billion a year from fishing, tourism, and other activities, all of which could be decimated in the event of an oil spill.

Thu, 2012-11-15 17:55Farron Cousins
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Patriot Coal To Stop Destructive Mountaintop Removal Mining In Appalachia

Patriot Coal, one of the largest coal companies in America, recently announced its decision to end mountaintop removal mining (MTR) in the Appalachian Mountains. 

To date, Patriot Coal is the only major coal company in America to pledge to stop mountaintop removal mining. On the surface, it might appear that the company has had a genuine change of heart, but the reality is that this decision was more out of economic necessity than concern for the environment and human health.

Several conservation groups, led by the Sierra Club, have pressured the company to end their destructive MTR practices for years, which resulted in numerous lawsuits filed against the company for environmental abuses.  Those lawsuits have led to millions of dollars worth of fines and verdicts against the coal giant, which in turn gave us its new, anti-MTR platform.

The company released the following statement regarding its decision:

Mon, 2012-09-17 12:06Farron Cousins
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U.S. Government Significantly Underestimating Costs Of Climate Change And Dirty Energy

A new study released today shows that the U.S. government is using faulty calculations and outdated information to determine the costs of energy and climate change in America. The study was written by Chris Hope from the University of Cambridge and Laurie Johnson of the Natural Resources Defense Council, and published in the Journal of Environmental Studies and Sciences.

Current government models would have us believe that fossil fuels provide the cheapest sources of electricity for the United States, but the new study says that the numbers being used are misleading, as they do not take into account all of the costs, specifically those related to climate change, that these sources of energy carry.

From NRDC:

Thu, 2012-07-19 12:16Farron Cousins
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House Republicans Attempt To Block Black Lung Protection Funding

In what could possibly be a new low for one of the most anti-environment, pro-dirty energy industry Congresses in history, Republicans in the U.S. House of Representatives are attempting to gut funding for measures that would reduce the occurrence of black lung in mine workers. The funding cut was inserted into the 2013 appropriations bill that provides funding to the Department of Labor, the Department of Education, and the Department of Health and Human Services.

The language inserted into the appropriations bill reads:
  

SEC. 118. None of the funds made available by this Act may be used to continue the development of or to promulgate, administer, enforce, or otherwise implement the Lowering Miners' Exposure to Coal Mine Dust, Including 20 Continuous Personal Dust Monitors regulation (Regulatory Identification Number 1219-AB64) being developed by the Mine Safety and Health Administration of the Department of Labor.
 

Republicans on the House Appropriations Committee inserted the language into the bill. The Appropriations Committee is currently led by Republican Chairman Harold 'Hal' Rogers from Kentucky and, not surprisingly, his largest campaign financier during his 20+ years in office has been the mining industry. That industry has pumped more than $379,000 into his campaigns over the years, according to Center for Responsive Politics data. DirtyEnergyMoney.org shows Rep. Rogers receiving over $430,000 in polluter contributions since 1999, well above the average for members of Congress. The majority of the dirty money has come from the coal industry.

Mon, 2012-06-18 12:56Farron Cousins
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Dirty Energy Industry Sues EPA Over Clean Air Initiatives

In a blatant insult to the millions of Americans who would breathe easier under the EPA’s air pollution controls, the dirty energy industry, along with other groups, has sued the EPA to stop regulating toxic industrial air pollution. The Center for American Progress has the story:
  

Two essential Environmental Protection Agency, or EPA, regulations to protect children, seniors, the infirm, and others from air pollution are under attack from the coal industry and many utilities.

Last year the EPA issued two rules that would reduce smog, acid rain, and airborne toxic chemicals: the Cross-State Air Pollution Rule and the Mercury and Air Toxics Standards.

On July 6, 2011, the EPA finalized the Cross-State Air Pollution Rule to reduce sulfur dioxide and nitrogen oxide pollution—two of the main ingredients in acid rain and smog—from power plants in upwind states that were polluting downwind states. An interactive EPA map demonstrates that pollution doesn’t stop at state borders.

Then, on December 16, 2011, the EPA finalized the first standards to reduce mercury, arsenic, lead, and other toxic air pollution 21 years after controls on such pollution became law.

Today more than 130 coal companies, electric utilities, trade associations, other polluting industries, and states are suing the EPA in federal court to obliterate, undermine, or delay these essential health protection standards. A parallel effort is underway to block the mercury reduction rule in the Senate, which is scheduled to vote on it this week. This CAP investigation found that these utilities were responsible for 33,000 pounds of mercury and 6.5 billion pounds of smog and acid rain pollution in 2010 alone.

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The industry has been actively working to undermine the work of the EPA for years, and this lawsuit comes on the heels of a package of legislation recently introduced by House Republicans that would gut the EPA of most of their regulatory authority over air pollution emissions, including mercury emissions.

Wed, 2011-08-03 11:39Farron Cousins
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Federal Government Asks Judge To Dismiss New York State Fracking Lawsuit

The U.S. government is asking a federal judge in New York to dismiss a lawsuit brought by the state of New York against the government that was seeking to demand a complete review of the environmental damage caused by hydraulic fracturing (fracking). The federal government claims that New York state does not have the grounds to file a suit as they have “no evidence” of injury and they do not have the authority to sue the federal government.

Sandra Levy, an Assistant U.S. Attorney, wrote to District Judge Nicholas Garaufis, telling him that the suit was barred because the federal government has “sovereign immunity,” and therefore, federal agencies cannot be sued by states.

Tue, 2011-07-12 16:02Farron Cousins
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BP Urges Government To Halt Gulf Oil Disaster Relief Payments For Future Losses

Oil giant BP is urging the federal government to stop making payments to Gulf Coast residents affected by last year’s Gulf of Mexico oil geyser. BP claims that the improving economic conditions among areas hit the hardest by the oil provide enough evidence to show that they no longer need to be compensated for future losses from the environmental disaster.

To date, roughly $4.5 billion worth of claims have been paid out of the $20 billion fund established by the government and funded by BP to pay victims of the oil catastrophe. Claims continue to be filed with the government seeking compensation for their losses.

Fri, 2011-06-24 04:45Farron Cousins
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Transocean Report Blames BP For Gulf Oil Disaster

Offshore oil drilling giant Transocean released the results of an internal investigation this week on the causes of last year’s Deepwater Horizon oil rig explosion. The investigation concluded that well owner BP was to blame for the explosion and the resulting 3-month oil geyser in the Gulf of Mexico.

Transocean claims that BP’s actions led to the blowout, as they were in charge of most of the decision-making on the Deepwater Horizon rig. Transocean says that BP’s poor decisions caused a succession of problems ranging from the well design itself to the construction process of the Macondo rig. Transocean officials also fault BP for causing a breakdown in communication during construction, which they claim led to many of the failures aboard the oil rig. Here are a few highlights from their report:

Tue, 2011-06-21 11:10Farron Cousins
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Heritage Foundation Wastes No Time Spinning Court Ruling On Greenhouse Gas Emissions

The U.S. Supreme Court ruled against plaintiffs yesterday in a lawsuit (American Electric Power Co. v. Connecticut) brought by six states against several utility companies and the government-owned Tennessee Valley Authority. The states (California, Connecticut, Iowa, New York, Rhode Island, and Vermont) were attempting to force the utility companies to cut their greenhouse gas (GHG) emissions on the grounds that the emissions were a “public nuisance.” The Court unanimously declared that the judiciary should stay out of the matter because the Environmental Protection Agency (EPA) already has the authority to regulate emissions under the Clean Air Act.

President Obama previously stated that he stood with the utility companies in this suit, as well as in a similar suit being decided in a lower court. The utility companies in the suit included Duke Energy, American Electric Power, Southern Co, Excel Energy, and the aforementioned Tennessee Valley Authority.

The conservative think tank Heritage Foundation wasted no time yesterday in claiming that the Court’s ruling was a major blow to environmentalists, and managed to take a cheap shot at some of the liberal members of the court:

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