environmental justice

August 13, 2024

Pressure grows to close controversial Napa Valley landfill

By Shannon Kelleher

A coalition of environmental groups are pushing California officials to close a Napa Valley-area landfill that has been the site of repeated regulatory violations and is suspected of sending toxic chemicals into local waterways, which drain into the river that irrigates the valley’s famous vineyards.

In a letter finalized Aug. 14, seven local nonprofit organizations called on officials overseeing waste management and water quality to shut down the Clover Flat Landfill and the related garbage collection recycling and composting operation called Upper Valley Disposal Services (UVDS).

The landfill is “long overdue to move its waste operations to a safer, less environmentally sensitive location,” the groups wrote.

The letter was signed by Sierra Club Redwood Chapter, Non-Toxic Neighborhoods, Napa Vision 2050, Institute for Conservation Advocacy Research & Education, Preserve Rural Sonoma County, the Save Napa Valley Foundation and the Suscol Intertribal Council, a group that works to preserve Native American culture in the Napa Valley area. The letter was also signed by Geoff Ellsworth, the former mayor of the St. Helena community, and local activist Anne Wheaton.

Last year, a group of more than 20 former and then-current employees of Clover Flat and UVDS filed a formal complaint to federal and state agencies, including the US Department of Justice, alleging “clearly negligent practices” in management of “toxic and hazardous materials at UVDS/CFL over decades”.

The employees cited “inadequate and compromised infrastructure and equipment” that they said was “affecting employees as well as the surrounding environment and community.”

Clover Flat Landfill and UVDS are owned by Waste Connections, a large national waste management company.

The Napa Valley wine industry has not publicly expressed concern about pollution from the landfill.

June 28, 2024

US failed to clean up radioactive Superfund site, lawsuit claims

By Shannon Kelleher

The US government has failed dangerously in its duty to clean up a radioactive former naval shipyard in San Francisco, jeopardizing the health of community members for decades and potentially putting hundreds of thousands of people at risk if plans to turn the site into a residential area materialize, alleges a lawsuit filed on Friday.

The lawsuit, which was filed in the US District Court for the Northern District of California by the group Greenaction for Health and Environmental Justice, alleges that both the Navy and the US Environmental Protection Agency (EPA) violated the federal law that governs Superfund site cleanups known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The Navy has not properly characterized the full extent of the contamination at the Hunters Point Naval Shipyard, according to the complaint, and failed to follow through on its promise to retest all the soil that was improperly remediated by a former contractor, Tetra Tech.

The Navy has also failed to account for how rising sea and groundwater levels, driven by climate change, may exacerbate contamination risks for vulnerable neighborhoods nearby, the lawsuit alleges.

“Our community is sick and tired of the Navy and US EPA ignoring our demands for full retesting and a full cleanup of all the toxic and radioactive waste at the Hunters Point Shipyard,” Leaotis Martin, a long-time area resident and Greenaction member, said in a press release.

May 23, 2024

Norfolk Southern agrees to $310 million settlement over Ohio train derailment

By Shannon Kelleher

Norfolk Southern Corp. on Thursday announced it will pay more than $300 million to resolve investigations by three US agencies in the aftermath of a catastrophic train derailment last year that contaminated the town of East Palestine, Ohio with toxic chemicals.

The settlement resolves “all claims and investigations” by the US Environmental Protection Agency (EPA), the Department of Justice (DOJ), and the US Department of Interior arising from the February 2023 derailment in which 38 train cars carrying vinyl chloride and other hazardous chemicals ran off the tracks in northeastern Ohio.

The EPA said the company had agreed to the following:

Spending $235 million on past and future cleanup costs
Paying a $15 million civil penalty for violations of the Clean Water Act
Paying $25 million for a 20-year community health program that includes medical monitoring and mental health services.
Spending approximately $15 million to implement long-term monitoring of groundwater and surface water for a period of 10 years.
Paying $15 million for a private drinking water monitoring fund that will continue the existing private drinking water well monitoring program for 10 years.
Paying an estimated $6 million to implement several environmental remediation projects.

Norfolk Southern additionally said it would repay the EPA $57 million for response expenses and will spend $244 million on safety initiatives. These will include new monitoring devices along its tracks and better alarms for detecting overheated wheel bearings, according to the EPA.

“We are very, very pleased that Norfolk Southern has agreed to settlement terms that hold them accountable for disrupting the lives of the people of East Palestine, and help to bring some justice and a path towards closure to those who were affected by this disaster,” Rebecca Chattin Lutzko, interim US Attorney for the Northern District of Ohio, said during a press conference on Thursday. “This settlement communicates to other, similar companies that they must take full responsibility for their actions.”

April 22, 2024

EPA announces $7 billion to make solar more accessible

By Shannon Kelleher

The US Environmental Protection Agency (EPA) said on Monday that it will provide $7 billion to create or expand low-income residential solar programs across the country, a move the agency said will lower energy costs for roughly 900,000 households in communities that might otherwise struggle to access the alternative energy source.

The grants will be awarded to 60 recipients made up of the state agencies, Tribes and nonprofits selected through a grant competition funded by the Inflation Reduction Act. The program includes services to help communities overcome barriers to switching to solar, including assistance with siting and permitting solar projects and connecting to the grid. according to an EPA press release.

In at least 25 states and territories, the agency says the grants will launch new programs “where there has never been a substantial low-income solar program before.”

“The United States can and must lead the world in transforming our energy systems away from fossil fuels,” said US Sen. Bernie Sanders (D-VT) said in a statement.

The “Solar for All”, which Sanders introduced, “will not only combat the existential threat of climate change by making solar energy available to working class families, it will also substantially lower the electric bills of Americans and create thousands of good-paying jobs,” Sanders said.

March 1, 2024

EPA moves to limit frequent chemical accidents

By Shannon Kelleher

Hundreds of chemical facilities around the US must implement new procedures to try to better safeguard communities from accidents that are happening with alarming frequency and jeopardizing human and environmental health.

New measures announced Friday by the Environmental Protection Agency (EPA) require industrial operators to “prevent accidental releases of dangerous chemicals that could otherwise cause deaths and injuries, damage property and the environment, or require surrounding communities to evacuate or shelter-in-place.”

The final rule, which amends the EPA’s Risk Management Program (RMP) that applies to plants dealing with hazardous chemicals, asks facilities to evaluate the risks of natural hazards and climate change, makes information about chemical hazards more accessible for people living near these facilities. The rule also allows for plant employees to stop working when they think there is a potential hazard.

This new requirements are expected to reduce the frequency and severity of accidents, building on revisions proposed in 2022. They provide the most protective safety provisions for chemical facilities in the EPA’s history, EPA deputy administrator Janet McCabe said on a press call.

Accidental releases of chemicals from industrial facilities cost the US more than $540 million each year, McCabe said on the press call, not including major catastrophes that can individually cost much more.

January 26, 2024

Biden hits the brakes on controversial gas export projects

By Shannon Kelleher

The Biden administration will temporarily pause pending applications for facilities that export natural gas, citing climate change considerations, the White House announced Friday.

The announcement, which comes after heavy pushback from environmental groups and affected communities along the Gulf, will put the brakes on eight new export terminals while the Department of Energy (DOE) reviews its approval process, including how to account for the impact of greenhouse gas emissions. The pause will not affect liquified natural gas (LNG) export terminals that are already operating.

“Today, we have an evolving understanding of the market need for LNG, the long-term supply of LNG, and the perilous impacts of methane on our planet,” said the White House in a statement. “We also must adequately guard against risks to the health of our communities, especially frontline communities in the United States who disproportionately shoulder the burden of pollution from new export facilities.”

“The pause, which is subject to exception for unanticipated and immediate national security emergencies, will provide the time to integrate these critical considerations,” the White House statement said.

LNG is made of methane, a potent contributor to climate change. While industry groups have called LNG “the cleanest of the fossil fuels,” new research from Cornell currently undergoing peer review suggests its total greenhouse gas emissions are higher than those from coal.

January 8, 2024

Monsanto’s ‘cancer index’, an alleged conspiracy, and new PCB-related complaints

By Dana Drugmand

The former Monsanto company – now owned by Bayer AG – illegally cut a secret deal with General Electric Co. decades ago to try to shield itself from liability related to PCB contamination in western Massachusetts, engaging in a conspiracy that continues to wreak harm on the region, according to new complaints from local officials.

In a January 2 letter sent to several local, state, and federal officials, including President Joe Biden and Environmental Protection Agency (EPA) Administrator Michael Regan, officials from the town of Lee, Mass., said they believe a 1971 business deal between Monsanto and GE in which GE agreed to release Monsanto from liability for PCB contamination violated the Massachusetts Civil Conspiracy Law. The town plans to file charges against Monsanto this month, the letter states. Lee officials also accuse the EPA of failing to “adequately investigate” the arrangement between the two companies.

Attached to the letter are internal corporate documents, including a “cancer index” detailing a long list of Monsanto employees diagnosed with cancer dating back to 1949. The company spreadsheet notes where the employee worked, what type of cancer they suffered and – for many of the workers– dates of death. Monsanto was the sole manufacturer of PCBs in the United States from the 1930s through the 1970s.

The move in Massachusetts comes amid mounting community outrage over the construction of a new toxic waste dump in Lee in Berkshire County near a location where GE used polychlorinated biphenyls (PCBS) for decades in manufacturing electrical transformers. GE discharged the chemical waste into the nearby Housatonic River.

PCBs have long been linked to an array of human health concerns, including leukemia and other cancers. In one study of nearly 400 children, researchers found that detection of PCBs in the home was associated with a 2-fold increase in risk for acute lymphocytic leukemia. PCBs are also known to be harmful to fish and wildlife. They do not easily break down, making eradication difficult.

December 20, 2023

EPA scores enforcement wins, losses in 2023; announces funding for vulnerable communities

By Shannon Kelleher

The US Environmental Protection Agency (EPA) scored both wins and losses in its enforcement of environmental laws for 2023, stepping up fines for polluters and on-site inspections but cleaning up fewer pollutants than it has in a decade, according to the agency’s annual enforcement and compliance report.

The agency said Monday that it had required polluters to pay more than $704 million in fines, penalties, and restitutions this year, a tally significantly higher than in 2022. However, the agency’s enforcement actions only led facilities to reduce, treat or eliminate about 74 million pounds of pollutants – about 450 million pounds less than in 2015, and the smallest amount in at least a decade.

The EPA said a focus of its work was in communities facing environmental justice concerns; the agency conducted 60% of its on-site inspections in 2023 in such communities, surpassing a goal it had set to achieve by 2026.

“While our work is not complete, EPA’s revitalized enforcement program is making a positive difference in communities across America, particularly for people living in underserved and overburdened communities that for too long have borne the brunt of pollution,” David Uhlmann, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance, said in a press release.

In other high points for the year, the agency said its public water system inspections resulted in 150 cases to correct violations – a more than 300% increase over the average for the last decade, the agency said.

And, after losing about 950 jobs following a decade of budget cuts, the agency is now hiring about 300 new positions to boost its enforcement program, the EPA said.

“We’re pleased to see the Environmental Protection Agency staffing up and ramping up enforcement efforts to hold polluters accountable and protect some of our nation’s most vulnerable communities,” said Coby Dolan, the legislative director of the Access to Justice Program at the nonprofit Earthjustice.

The agency needs to do more, however, to address disparate harms faced by frontline communities burdened by pollution, he said.

October 6, 2023

Puerto Rico’s natural gas buildout may harm those it claims to help

By Shannon Kelleher

Since 1999, Lissie Aviles, a Catholic nun, has lived in a convent in Cataño, Puerto Rico, a tiny town that borders the Bay of San Juan. The area is home to the world’s largest rum distillery, a Bacardi factory dubbed the “Cathedral of Rum.” Just across the bay, millions of tourists – many from the US mainland – flock to visit Old San Juan’s beaches and historical sites each year.

Cataño is known both as the smallest municipality on the island and as “the town that refused to die,” after it succeeded in fending off an early twentieth-century effort to merge the city with the inland community of Bayamón. The challenges for Cataño residents have persisted — after Hurricane Maria devastated the island in 2017, about 60% of Cataño residents were left homeless. Today, about 46% of the population lives below the poverty line in a US territory lacking full political representation and weighed down by a long legacy of colonization.

Aviles spends much of her time training faith educators in nearby parishes. But in recent years, her work has taken on an additional focus – defending local residents against harmful impacts tied to the island’s intensifying focus on expanding access to liquified natural gas (LNG).

The federal government has earmarked billions of dollars to help stabilize the island’s hurricane-rattled power system, including funding temporary generators powered by natural gas. Additionally, the US Army Corps of Engineers (USACE) has approved a project to dredge the San Juan Bay beginning in January, allowing the nearby LNG terminal to receive ships carrying six times more LNG than current tankers. And one particularly contentious project is expanding with a new LNG pipeline.

While natural gas is considered the cleanest of fossil fuels because it produces less carbon dioxide than oil or coal, climate scientists say rising use of natural gas is emerging as one of the greatest contributors to human-caused climate change.

Though the stated aim of the LNG buildout is to ensure adequate resources to power the island, LNG imports are bringing methane leaks and diesel exhaust generated by the ships and trucks that transport the fuel, and posing risks associated with potentially explosive infrastructure, say Aviles and other critics. These dangers add to the cumulative risks of existing fossil fuel pipelines, tankers, and other infrastructure that already coexist uneasily with nearby neighborhoods. As they work to heal the wounds wrought by the 2017 hurricane and by Hurricane Fiona in 2022, many Catano residents fear the unintended consequences of an LNG boom.

September 22, 2023

Booming natural gas exports threatening Gulf Coast fishing communities

By Shannon Kelleher

Most mornings, Nathan Berwick rises well before dawn at his home in Calcasieu Parish, Louisiana, setting out on nearby Lake Charles in a small fishing boat to check his crab traps. If it’s not too hot and the water is calm, Berwick’s family occasionally joins him on the boat. His eleven-year-old daughter enjoys playing with baby crabs that fall from the traps as Berwick hauls them from the water.

Berwick comes from a long line of crabbers dating back to the 1820s, when his ancestors first arrived in the heel of the Louisiana boot – the state’s southwest corner.

“Thirty years from now I want my children to be able to say, ‘this is my home, this is where eight generations of Berwicks have lived,’” he said.