May, 02 2013, 04:08pm EDT
Fracking Ban Stands in New York Town; Victory for Local Communities
In case pitting community rights against the oil and gas industry, industry loses yet again
ALBANY, NY
Local residents and elected leaders in Dryden, N.Y. are celebrating victory today in a closely watched case over local fracking bans. A state appeals court ruled in favor of the towns of Dryden and Middlefield, affirming lower court decisions upholding the towns' right to ban oil and gas development activities--including the controversial technique of fracking--within town limits. The legal battle first began in 2011, and industry is widely expected to seek review of the ruling by New York's high court (the Court of Appeals).
"I'm proud to represent the Town of Dryden and I'm especially proud today," said Town Supervisor Mary Ann Sumner. "We stood up for what we knew was right. And we won. The people who live here and know the town best should be the ones deciding how our land is used, not some executive in a corporate office park thousands of miles away."
The case in Dryden has taken on special significance. More than 20,000 people from across the country and globe sent messages to Sumner and her colleagues on the Town Board, expressing support for the town in its legal fight.
Dryden's story began in 2009, after residents pressured by oil and gas company representatives to lease their land for gas development learned more about fracking, the technique companies planned to use to extract the gas. During fracking, short for hydraulic fracturing, companies inject millions of gallons of chemically treated water into the ground to break up rock deposits and force out the gas. Residents organized and educated for more than two years under the banner of the Dryden Resource Awareness Coalition (DRAC), ultimately convincing the town board to amend its zoning ordinance in August 2011 to clarify that oil and gas development activities, including fracking, were prohibited.
"We love our town. We're proud to be from a place that doesn't back down from a tough fight. And we're inspired by the outpouring of support we've received," said DRAC member Deborah Cipolla-Dennis. "Now it's our turn to support communities across New York, and in Pennsylvania, Ohio, Colorado, and elsewhere that are standing up to the oil and gas industry."
More than 159 municipalities in New York have passed bans or moratoriums on fracking, prompting a nationwide groundswell: some 350 communities across the country have voted to take official action--from non-binding resolutions to improved protections to outright bans.
Deborah Goldberg, an attorney with the public interest law organization, Earthjustice, represented the Town of Dryden in the appeal. "Today's victory stands as an inspiration for communities seeking to protect themselves from the consequences of the fracking-enabled oil and gas drilling rush," Goldberg said. "The oil and gas industry largely has been deregulated at the federal level. While state officials struggle with the decision whether to permit fracking, local officials have stepped in to fill the gap. Today's ruling signals to local officials that they are indeed on solid legal ground."
Just six weeks after Dryden prohibited fracking in 2011, Anschutz Exploration Corporation (a privately held company owned by a Forbes-ranked billionaire) sued Dryden over the zoning provision, claiming that localities did not have the right to ban industrial activity. Dryden successfully argued that their right to make local land use decisions, enshrined in the home rule provision of the New York State Constitution, applies to oil and gas development. In February 2012, a state trial court judge agreed.
Following that ruling, Norse Energy Company, a U.S. subsidiary of a foreign-owned oil and gas company, filed an appeal, with today's decision being the result. Shortly after filing its appeal, the company declared bankruptcy.
"The first oil and gas company to sue us backed down. The second went bankrupt. They both lost against us in court," Sumner said. "When will the oil and gas industry get the message: bullying communities isn't good for business?"
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
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'Important Step': EPA Finalizes Rule to Clean Up Forever Chemical Contamination
While praising the move, campaigners also said that the agency "must require polluters to pay to clean up the entire class of thousands of toxic PFAS chemicals, and it must ban nonessential uses."
Apr 19, 2024
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.
"This action, coupled with EPA's recent announcement of limits on PFAS in drinking water, are critical steps in protecting the public."
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.
"President Joe Biden pledged to make PFAS a priority in 2020 as part of the Biden-Harris plan to secure environmental justice. Today the Biden EPA fulfilled this important promise," said Melanie Benesh, vice president for government affairs at the Environmental Working Group (EWG).
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.
"For years, communities that have been exposed to these chemicals have been demanding that polluters be held accountable for the harm they have created and to pay for cleanup," Safer States national director Sarah Doll highlighted. "We applaud EPA for taking this step and encourage them to take the next step and list all PFAS under the Superfund law."
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."
Like Doll, she also stressed that "until we declare the full class of PFAS hazardous and prevent further pollution by ending the use of all PFAS chemicals in common products like food packaging and firefighting gear, communities will continue to pay the price with our health and tax dollars."
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."
"Today's new rules are a necessary and important step to jump start the cleanup process for two types of PFAS," she said. "While we thank the EPA for finalizing these rules, much more is necessary: The EPA must require polluters to pay to clean up the entire class of thousands of toxic PFAS chemicals, and it must ban nonessential uses of PFAS to stop the pollution in the first place."
Noting that it's not just the EPA considering forever chemicals policies, Grant called on Congress to "reject various legislative proposals to exempt for-profit companies, including the water and sewer privatization industry, from being held accountable to pay to clean up PFAS."
"It is an outrageous hypocrisy that large for-profit water corporations seek to privatize municipal water and sewer systems by touting themselves as a solution to PFAS contamination, and yet they want to carve themselves out of accountability for cleanup costs," she argued. "No corporation should have free rein to pollute."
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A dozen national green groups on Friday published an open letter exposing what they say are the dangers of Robert F. Kennedy Jr.'s quixotic Independent U.S. presidential bid by highlighting his embrace of conspiracy theories and his use of language often spoken by climate deniers.
"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.
"RFK Jr. is a bleak reminder that our democracy is incredibly vulnerable," the letter adds. "Any support for this Kennedy-in-name-only will inevitably result in a second Trump term and the complete erosion of vital environmental and social gains made to date."
The letter is signed by the Center for Biological Diversity Action Fund, Friends of the Earth Action, LCV Victory Fund, Natural Resources Defense Council Action Fund, Climate Emergency Advocates, Climate Power, Earthjustice Action, Food & Water Action, NextGen America, Sierra Club Independent Action, Sunrise Movement, and 350 Action.
Earlier this month, the Kennedy campaign fired New York state director Rita Palma after she admitted that her "No. 1 priority" is to siphon votes from President Joe Biden—who she described as the "mutual enemy" of both the Kennedy and Trump voter.
Last month, More Perfect Unionreleased a video highlighting the ultrawealthy Republican donors and Trump backers who are also financing Kennedy's White House run, which many observers believe could play spoiler to Biden's reelection bid.
In a stinging rebuke, prominent members of the Kennedy political dynasty reaffirmed their support for Biden on Thursday. Numerous relatives have been urging Kennedy to drop out of the race.
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"We are many people and youths who want to express our frustration over what decision-makers are doing right now: They don't care about our future and aren't doing anything to stop the climate crisis," one young activist said.
Apr 19, 2024
Ahead of Earth Day, young people around the world are participating in a global strike on Friday to demand "climate justice now."
In Sweden, Greta Thunberg joined hundreds of other demonstrators for a march in Stockholm; in Kenya, participants demanded that their government join the Fossil Fuel Non-Proliferation Treaty; and in the U.S., youth activists are kicking off more than 200 Earth Day protests directed at pressing President Joe Biden to declare a climate emergency.
"We're gathered here to fight, once again, for climate justice," Thunberg toldAgence France-Presse at the Stockholm protest, which drew around 500 people. "It's now been more than five and a half years that we've been doing the same thing, organizing big global strikes for the climate and gathering people, youths from the entire world."
"I lost my home to climate change. Now I'm fighting so that others don't lose their homes."
The first global youth climate strike, which grew out of Thunberg's Fridays for Future school strikes, took place on March 15, 2019. Since then, both emissions and temperatures have continued to rise, with 2023 blowing past the record for hottest year. Yet, according to Climate Action Tracker, no country has policies in place that are compatible with limiting global heating to 1.5°C above preindustrial levels.
"We are many people and youths who want to express our frustration over what decision-makers are doing right now: They don't care about our future and aren't doing anything to stop the climate crisis," Karla Alfaro Gripe, an 18-year-old participant at the Stockholm march, told AFP.
The global strikes are taking place under the umbrella of Friday's for Future, which has three main demands: 1. limit temperature rise to 1.5°C, 2. ensure climate justice and equity, and 3. listen to the most accurate, up-to-date science."Fight with us for a world worth living in," the group wrote on their website, next to a link inviting visitors to find actions in their countries.
Participants shared videos and images of their actions on social media.
European strikers also gathered in London, Dublin, and Madrid.
In Asia, Save Future Bangladesh founder Nayon Sorkar posted a video from the Meghna River on Bangladesh's Bola Island, where erosion destroyed his family's home when he was three years old.
"I lost my home to climate change," Sorkar wrote. "Now I'm fighting so that others don't lose their homes."
Also in Bangladesh, larger crowds rallied in Dhaka, Sylhet, Feni, and Bandarban for climate action.
"Young climate activists in Bandarban demand a shift to renewable energy and away from fossil fuels," said Sajjad Hossain, the divisional coordinator for Youthnet for Climate Justice Bangladesh. "We voiced urgency for sustainable energy strategies and climate justice. Let's hold governments accountable for a just transition!"
In Kenya, young people struck specifically to demand that the government sign on to the Fossil Fuel Non-Proliferation Treaty.
"As a member of the Lake Victoria community, the importance of the treaty in our climate strikes cannot be overstated," Rahmina Paullette, founder of Kisumu Environmental Champions and a coordinator for Fridays for Future Africa, said in a statement. "By advocating for its implementation, we address the triple threat of climate change, plastic pollution, and environmental injustice facing our nation."
"Halting fossil fuel expansion not only safeguards crucial ecosystems but also combats the unjust impacts of environmental degradation, ensuring a more equitable and sustainable future for our community and the wider Kenyan society," Paullette said.
In the U.S., Fridays for Future NYC planned for what they expected to be the largest New York City climate protest since September 2023's March to End Fossil Fuels. The action will begin at Foley Square at 2:00 pm Eastern Time, at which point more than 1,000 students and organizers are expected to walk across the Brooklyn Bridge to rally in front of Borough Hall.
The strike "is part of a national escalation of youth-led actions in more than 200 cities and college campuses around the country, all calling on President Biden to listen to our generation and young voters, stop expanding fossil fuels, and declare a climate emergency that meaningfully addresses fossil fuels, creating millions of good paying union jobs, and preparing us for climate disasters in the process," Fridays for Future NYC said in a statement.
The coalition behind the climate emergency drive, which also includes the Sunrise Movement, Fridays for Future USA, and Campus Climate Network, got encouraging news on Wednesday when Bloomberg reported that the White House had reopened internal discussions into potentially declaring a climate emergency.
"We're staring down another summer of floods, fires, hurricanes, and extreme heat," Sunrise executive director Aru Shiney-Ajay said in a statement. "Biden must do what right Republicans in Congress are unwilling to do: Stand up to oil and gas CEOs, create green union jobs, and prepare us for climate disasters. Biden must declare a climate emergency and use every tool at his disposal to tackle the climate crisis and prepare our communities to weather the storm. If Biden wants to be taken seriously by young people, he needs to deliver on climate change."
The coalition is planning events leading up to Monday including dozens of Earth Day teach-ins beginning Friday to encourage members of Congress to pressure Biden on a climate emergency and Reclaim Earth Day mobilizations on more than 100 college and university campuses to demand that schools divest from and cut ties with the fossil fuel industry.
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