June, 26 2012, 02:48pm EDT
U.S. Appeals Court Upholds EPA Carbon Pollution Limits
NRDC: "A Resounding Victory for Science, Law and Common Sense"
WASHINGTON
The federal appeals court in Washington today delivered a resounding victory for science, the rule of law, and common sense by upholding the Environmental Protection Agency's landmark actions to curb the dangerous carbon pollution driving climate change.
"This is a huge victory for our children's future. These rulings clear the way for EPA to keep moving forward under the Clean Air Act to limit carbon pollution from motor vehicles, new power plants, and other big industrial sources," said David Doniger, senior attorney for the Climate and Clean Air Program at the Natural Resources Defense Council.
In an unanimous opinion issued today covering four cases, the U.S. Court of Appeals for the District of Columbia upheld EPA's "endangerment" determination, its clean car standards, and its pollution permit requirements for big new industrial facilities.
NRDC is among the environmental and state intervenors that filed briefs in support of the EPA.
"The court upheld the agency's careful determination, based on a mountain of scientific evidence, that carbon dioxide and other heat-trapping pollutants threaten our health and our planet," Doniger said.
The three-judge panel also upheld the Obama administration's first set of clean car and fuel economy standards, issued jointly by EPA and the Transportation Department in 2009. This gives EPA the green light to finalize a the second round of clean car standards later this summer that will cut new cars' carbon pollution in half and double their fuel efficiency to 54.5 mpg by 2025.
These historic agreements with the auto industry, auto workers, states and environmental group will cut carbon pollution, create jobs, and save consumers thousands of dollars at the pump.
EPA also is moving to complete the first national limits on carbon pollution from new power plants, proposed in April. More than 2 million Americans have raised their voices in public comments supporting carbon pollution standards for both new and existing power plants.
For additional background information on these cases see this previous blog post from David Doniger.
For more background information on carbon emissions, see this clean air web page: https://www.nrdc.org/air/
NRDC works to safeguard the earth--its people, its plants and animals, and the natural systems on which all life depends. We combine the power of more than three million members and online activists with the expertise of some 700 scientists, lawyers, and policy advocates across the globe to ensure the rights of all people to the air, the water, and the wild.
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Person Self-Immolates Outside Courthouse of Trump's NY Trial
An unverified online manifesto identifies the person as "an investigative researcher" who has discovered that "our own government (along with many of their allies) is about to hit us with an apocalyptic fascist world coup."
Apr 19, 2024
This is a developing story... Please check back for possible updates...
Law enforcement officials confirmed to CNN that someone lit themself on fire outside the New York City courthouse where former President Donald Trump, the presumptive Republican nominee, is on trial for allegedly falsifying business records.
"The man walked into the park across the street from the courthouse, throwing flyers into the air," the network reported, citing law enforcement. "He then pulled something out of a backpack—it was not immediately clear what the item was—and lit himself on fire."
Journalists were in the area for the historic trial and CNN anchor Laura Coates was among those who described the scene live on-air as New York Police Department officers and emergency responders worked to extinguish the fire.
Police were "slow to respond in part because of barricades around park," Politico's Emily Ngo explained, sharing photos and videos from the scene on social media. There is "only one way to get into park outside the courthouse without jumping the fence. It's been barricaded in anticipation of protests. And since there hasn't been much in the way of protests, police presence is light. Police had to run all the way around to get to the man."
The person who self-immolated "was responsive when he was removed but he is very, very badly burned. Body charred," Ngo said.
CNN reported that the flyers featured allegations of wrongdoings against New York University and said, "NYU is a mob front."
A self-identified citizen journalist named Jack shared on social media a photo of a booklet the person reportedly left in the dirt.
An unverified Substack post says in part: "My name is Max Azzarello, and I am an investigative researcher who has set himself on fire outside of the Trump trial in Manhattan. This extreme act of protest is to draw attention to an urgent and important discovery: We are victims of a totalitarian con, and our own government (along with many of their allies) is about to hit us with an apocalyptic fascist world coup."
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Environmental and public health advocates on Friday welcomed the Biden administration's latest step to tackle "forever chemicals," a new Superfund rule that "will help ensure that polluters pay to clean up their contamination" across the country.
"It is time for polluters to pay to clean up the toxic soup they've dumped into the environment," declared Erik D. Olson, senior strategic director for health at the Natural Resources Defense Council. "We all learned in kindergarten that if we make a mess, we should clean it up. The Biden administration's Superfund rule is a big step in the right direction for holding polluters accountable for cleaning up decades of contamination."
Per- and polyfluoroalkyl substances (PFAS)—called forever chemicals because they remain in the human body and environment for long periods—have been used in products including firefighting foam, food packaging, and furniture, and tied to various health issues such as cancers, developmental and immune damage, and heart and liver problems.
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As part of the Biden administration's "PFAS Strategic Roadmap," the U.S. Environmental Protection Agency (EPA) rule designates perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Superfund law—the Comprehensive Environmental Response, Compensation, and Liability Act.
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David Andrews, EWG's deputy director of investigations and a senior scientist, has led studies that have found that PFAS are potentially harming over 330 species and more than 200 million Americans could have PFOA and PFOS in their tap water.
"For far too long, the unchecked use and disposal of toxic PFAS have wreaked havoc on our planet, contaminating everything from our drinking water to our food supply," he noted. "Urgent action is needed to clean up contaminated sites, eliminate future release of these pollutants, and shield people from additional exposure."
Walter Mugdan, a volunteer with the Environmental Protection Network and the former Superfund director for EPA Region 2, explained that the "landmark action will allow the agency to more strongly address PFAS contamination and expedite cleanups of these toxic forever chemicals while also ensuring that cleanup costs fall on those most responsible—the industrial polluters who continue to manufacture and use them."
"This action, coupled with EPA's recent announcement of limits on PFAS in drinking water, are critical steps in protecting the public from these harmful compounds," added the former official, referencing the first-ever national limits on forever chemicals in drinking water that the agency finalized earlier this month.
As an EWG blog post detailed in anticipation of the new rule earlier this week:
A hazardous substance designation allows the EPA to use money from its Superfund—the EPA's account for addressing this kind of contamination—to quickly jump-start cleanup at a PFOA- or PFOS-polluted site and to recover the costs from the polluters. If a company that contributed to the PFAS contamination problem refuses to cooperate, the EPA can order a cleanup anyway and fine the company if they fail to take action.
[...]
When a chemical is added to the list of hazardous substances, the EPA sets a reportable quantity. Any time a substance is released above that quantity it must be reported. By imposing reportable quantities, the EPA will get immediate information about new PFAS releases and the chance to investigate immediately and, if necessary, take actions to reduce additional exposures. This information is also shared with state or tribal and local emergency authorities, so it can reach communities more quickly.
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Liz Hitchcock, director of Safer Chemicals Healthy Families, the federal policy program of Toxic-Free Future, similarly celebrated the EPA rule, calling it "an important step forward that will go a long way toward holding PFAS polluters accountable and beginning to clean up contaminated sites across the country."
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Mary Grant, the Public Water for All campaign director at Food & Water Watch, agreed that further action is necessary.
"Chemical companies have attempted to hide what they have long known about the dangers of PFAS, creating a widespread public health crisis in the process," Grant emphasized. "These polluters must absolutely be held accountable to pay to clean up their toxic mess."
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"Robert F. Kennedy Jr. is not an environmentalist. He is a dangerous conspiracy theorist and science denier whose agenda would be a disaster for our communities and the planet," the letter argues. "He may have once been an environmental attorney, but now RFK Jr. is peddling the term 'climate change orthodoxy' and making empty promises to clean up our environment with superficial proposals."
"The truth is, by rejecting science, what he offers is no different than Donald Trump," the signers asserted, referring to the former Republican president and presumptive 2024 GOP nominee.
The letter continues:
In the fact-free world that both he and Trump live in, objective reality simply does not exist. Their policy platforms are instead driven by what will benefit Big Oil and the greedy corporations that fund them. We know, however, that environmental progress depends on following scientific fact and putting people over politics.
With so much at stake, we stand united in denouncing RFK Jr.'s false environmentalist claims. We can't, in good conscience, let him continue co-opting the credibility and successes of our movement for his own personal benefit.
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