December, 19 2014, 02:15pm EDT
For Immediate Release
Contact:
Keith Rushing, Earthjustice Campaign Press Secretary, (202) 797-5236; (757) 897-2147
Tom Pelton, Director of Communications, Environmental Integrity Project, (202) 888-2703; (443) 510-2574
EPA's First-ever Coal Ash Rule Leaves Communities to Protect Themselves
Rule Leaves Critical Gaps in Protection from Toxic Coal Ash
WASHINGTON
The U.S. Environmental Protection Agency today issued long-delayed federal regulations for coal ash, but failed to fix major pollution problems from the disposal of coal ash waste, including contamination of rivers and drinking water supplies.
The Obama Administration's failure to issue strong ash disposal regulations means that environmental disasters like the Dan River coal ash spill in North Carolina in February, and the massive 2008 ash spill in Kingston, Tennessee, could happen again.
"Today's rule doesn't prevent more tragic spills like the ones we are still trying to clean up in North Carolina and Tennessee. And it won't stop the slower moving disaster that is unfolding for communities around the country, as leaky coal ash ponds and dumps poison water," said Earthjustice attorney Lisa Evans.
The new rule fails to phase out the dangerous practice of storing immense quantities of toxic waste in unlined "ponds" behind earthen dams that are often structurally unstable and prone to failure. EPA's approach effectively lets the utility industry police itself without federal or state oversight.
"While EPA's coal ash rule takes some long overdue steps to establish minimum national groundwater monitoring and cleanup standards, it relies too heavily on the industry to police itself, " said Eric Schaeffer, Executive Director of the Environmental Integrity Project. "The devil is in the details, and we will review the regulation closely for loopholes. But regardless of what the rule requires, companies like Duke Energy, First Energy, and TVA have already learned that spills and leaking ash ponds add up to billions of dollars in cleanup costs."
While the rule does require closure of some inactive ponds, like the one that failed on the Dan River in North Carolina, it only mandates closure of ponds that are located on the site of active facilities.
"This power industry has had half a century or more to clean up its act, but even in the face of huge spills and a terrible record of proven water contamination around the country, it is still dumping ash in huge unlined pits," said Evans. "These dumps aren't going away by themselves, and unfortunately under today's rule, EPA is putting the burden on citizens to get them safely closed."
The rule requires water quality monitoring and public disclosure of the results, which should help citizens to track damage from dumps and to go to court to force clean-ups. However, communities are understandably concerned that coal plant operators will not reliably identify, report and remedy water contamination and structural risks without independent oversight.
When she heard about the new regulations, Esther Calhoun, of Uniontown, Ala., who lives near a coal ash dump said: "It seems like the EPA doesn't give a damn about people. "
Calhoun lives near the Arrowhead landfill in Uniontown which received four million cubic yards of coal ash form the 2008 Kingston disaster.
"Our people have heart attacks and breathing problems. They're dealing with this big mountain of coal ash in their face. This is a civil rights issue just as much as an environmental and health one. "
Coal ash is the toxic waste formed from burning coal in power plants to make electricity. It is filled with some of the deadliest toxins known to man, including hazardous chemicals such as arsenic, lead, mercury, and hexavalent chromium. Coal ash--the second largest industrial waste stream in the United States--is linked to the four leading causes of death in the U.S.: heart disease, cancer, respiratory diseases and stroke.
Unsafe disposal of coal ash into the nation's more than 1,400 coal ash waste dumps has contaminated more than 200 rivers, lakes, streams and sources of underground drinking water in 37 states.Coal ash, when dumped in unlined lagoons and landfills, often poisons drinking water and kills fish and wildlife.
Earthjustice, and the groups that sued the EPA over its failure to regulate coal ash, are planning to keep up the fight for critical public health and environmental protection. "We had to go to court to force EPA to issue this first-ever coal ash rule, and unfortunately, we will be back in court to force coal plants to clean up their ash dumps and start disposing of their toxic waste safely," said Evans.
Coal ash regulations were proposed in 2010 following the largest toxic waste spill in U.S. history in Kingston, Tenn., when one billion gallons of coal ash sludge destroyed 300 acres and dozens of homes. But in response to pressure from the coal power industry, EPA delayed finalizing the proposed rule.
Eric Schaeffer, Executive Director of the Environmental Integrity Project, said: "EPA's coal ash rule is too little and too late. Too little because its standards are minimal, vague, and unenforceable. Too late, because damage from collapsing dikes and leaking ash dumps has accumulated in the absence of common sense rules designed to prevent those disasters."
In 2012, Earthjustice sued EPA in federal court on behalf of ten public interest groups and an Indian tribe to obtain a court-ordered deadline. The groups involved in the lawsuit include: the Moapa Band of Paiutes (NV),: Appalachian Voices (NC); Chesapeake Climate Action Network (MD); Environmental Integrity Project (D.C., PA); Kentuckians For The Commonwealth (KY); Montana Environmental Information Center (MT); Physicians for Social Responsibility (DC); Prairie Rivers Network (IL); Sierra Club (CA); Southern Alliance for Clean Energy (eight southeast states); and Western North Carolina Alliance (NC),
In 2013, a consent decree was lodged in federal court that set a deadline of December 19, 2014 for EPA's final rule.
Quotes from Partner Groups
Vickie Simmons, Moapa Band of Paiutes in Nevada
Email: simmonsvickie@ymail.com
Phone: 702-865-2910
"Our people have been harmed for decades by the toxic dust that blows from coal ash dumps at the Reid Gardner plant," says Vickie Simmons of the Moapa Band of Paiutes in Nevada. "We wanted a far stronger rule."
Amy Adams, North Carolina Campaign Coordinator, Appalachian Voices
Email: amy@appvoices.org
Phone: (252) 944-6459
"For the thousands of citizens whose groundwater is no longer safe for consumption due to leaching ponds or whose air is contaminated by fugitive dust, failing to regulate coal ash as hazardous is a slap in the face. We will continue to fight for cleanup of these toxic sites."
Traci Barkley, Water Resources Scientist, Prairie Rivers Network (she said use all or part of the quote)
Email: tbarkley@prairierivers.org
Phone: 217.344.2371
"While these rules put forward clean-up and safety standards to protect communities, the EPA is leaving oversight and enforcement almost entirely to the states.
Illinois has over 90 aging coal ash pits with coal ash pollutants found in the groundwater near every one. Communities rely on at-risk rivers and groundwater for drinking water, recreation, and business."
Barbara Gottlieb, Director for Environment & Health at Physicians for Social Responsibility
Email: bgottlieb@psr.org
Phone: (202) 587-5225
"It's high time that those communities get adequate protection from coal ash toxics like arsenic and chromium poisoning their water and their air," said Barbara Gottlieb, Director for Environment & Health at Physicians for Social Responsibility.
Mary Love, Kentuckians For The Commonwealth
Email: mbloveky@yahoo.com
Phone: 502-541-7434
"Hundreds of thousands of Kentuckians depend on the Ohio River for their drinking water. Of the 44 coal ash disposal sites nation-wide that the EPA has listed as high hazard, 19 of them sit on the Ohio River or one of its tributaries. As a result, Kentuckians are vulnerable to exposure to toxins from coal ash, especially since state officials do little to protect the public. Current Kentucky law regulates municipal garbage dumps more stringently than it regulates coal ash disposal sites. "--Mary Love, Kentuckians For The Commonwealth
Anne Hedges, Deputy Director of the Montana Environmental Information Center
Email: ahedges@meic.org
Phone: (406) 443-2520
"This rule comes far too late to protect the people who rely on groundwater in Colstrip, Montana. We can only hope that this rule will help get the toxins out of their water. Colstrip area ranchers told the state decades ago that the Colstrip ash ponds would leak but no one expected them to hemorrhage toxic water into ground and surface water for decades," said Anne Hedges, Deputy Director of the Montana Environmental Information Center.
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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State Department Spokesman Urged to Resign Over 'Despicable' Attack on UN Expert
One critic described Matthew Miller's attack on United Nations special rapporteur Francesca Albanese as a "Trumpian smearing of a principled human rights expert."
Mar 28, 2024
U.S. State Department Matthew Miller faced calls to resign Thursday after he accused a United Nations special rapporteur of engaging in antisemitism—an attack that came days after the human rights expert presented a report concluding that Israel's assault on Gaza has met the threshold of genocide.
Asked about the report during a press briefing on Wednesday, Miller said the U.S. has "for a longstanding period of time opposed the mandate of this special rapporteur, which we believe is not productive."
"And when it comes to the individual who holds that position, I can't help but note a history of antisemitic comments that she has made that have been reported," Miller added, pointing to comments that Francesca Albanese—the U.N. special rapporteur on the human rights situation in the occupied Palestinian territories—"made in December that appeared to justify the attacks of October 7."
A new low by the Biden team.
In response to UN Special Rapporteur @FranceskAlbs new report - Anatomy of a Genocide - concluding that the threshold of genocide has reasonably been met, the State Dep chooses to attack her persona and accuse her of antisemitism :( :( pic.twitter.com/iNpVT3BWQy
— Trita Parsi (@tparsi) March 27, 2024
It's not entirely clear which comments Miller was referencing.
In an interview with Jewish News Syndicate in December, Albanese was asked whether Palestinian militants' killing of Israeli soldiers on October 7 was a violation of international law. Albanese, an Italian attorney and academic, said that "killing a soldier is a tragedy under international law, but when there is an armed conflict, like in this case, killing a soldier is not illegal."
But Albanese stressed in the interview that the Hamas-led attacks on Israeli civilians—including the taking of hostages—were "not legitimate resistance."
"These are crimes and cannot be justified," she added.
Miller's attack on Albanese Wednesday—which echoed earlier attacks on the special rapporteur by U.S. officials and lawmakers—sparked immediate backlash and calls for his resignation.
"Matthew Miller should be forced to resign for trying to endanger the life of a U.N. official with falsehoods," Ashish Prashar, a spokesperson for Gaza Voices, said in a statement. Albanese said earlier this week that she has faced threats following the publication of her report accusing Israel of committing genocide in the Gaza Strip.
Rohan Talbot, director of advocacy and campaigns at Medical Aid for Palestinians, called the State Department spokesman's remarks a "truly despicable, Trumpian smearing of a principled human rights expert."
"Note the lack of substantive rebuttals of her careful analysis, and the resort to ad hominem attacks," Talbot wrote on social media. "Not the sign of a confident administration."
"Israel has a long history of weaponizing false charges of antisemitism to attack and undermine those fighting for human rights for Palestinians."
The Israeli government has similarly attempted to cast Albanese as an antisemite, drawing pushback from human rights organizations and academics who say the claim is a baseless attempt to discredit her work.
"Israel has a long history of weaponizing false charges of antisemitism to attack and undermine those fighting for human rights for Palestinians—and U.N. officials and experts have been among the most consistent victims of those attacks," Phyllis Bennis, director of the New Internationalism Project at the Institute for Policy Studies, told Common Dreams.
"Almost 15 years ago Richard Falk," Bennis added, "an internationally respected Princeton professor of international law who had just been appointed special rapporteur, was not only denied access to the occupied Palestinian territory to carry out the terms of his U.N. mandate, but was also arrested and jailed by Israeli authorities."
"Since then every special rapporteur has been similarly excluded, their mandate and their work undermined, and their commitment to international law and human rights attacked as antisemitic," she said. "Francesca Albanese has been among the bravest of these SRs, maintaining her commitment to calling out all violations of international law relevant to her mandate—including when Israel has violated international covenants against apartheid and now, against genocide."
Albanese's 25-page report, which she delivered to the U.N. Human Rights Council on Tuesday, argues that "the overwhelming nature and scale of Israel's assault on Gaza and the destructive conditions of life it has inflicted reveal an intent to physically destroy Palestinians as a group."
"There are reasonable grounds to believe that the threshold indicating the commission of the following acts of genocide against Palestinians in Gaza has been met: killing members of the group; causing serious bodily or mental harm to groups' members; and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part," the report states. "Genocidal acts were approved and given effect following statements of genocidal intent issued by senior military and government officials."
Amnesty International praised the report as "a crucial body of work that must serve as a vital call to action."
The Biden State Department has publicly rejected genocide accusations against Israel as "meritless" and said it has not found Israel's military to be in violation of international law during its monthslong war on Gaza—an assessment that conflicts with the findings of leading human rights organizations and U.N. experts.
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'Horrifying' Footage Shows IDF Killing Two Gazans, Burying Their Bodies With a Bulldozer
"When the Israeli army can do these things and get away with it, it can only then do more of it knowing that it will not meet any punishment," said one analyst.
Mar 28, 2024
Video footage broadcast Wednesday by Al Jazeera shows Israeli soldiers gunning down two Palestinians on the coast of northern Gaza, even as one of them waves what appears to be a piece of white fabric.
The footage shows one of the men walking in the direction of an Israeli military vehicle with both hands raised. Despite the absence of any clear evidence that the man posed a threat, Israeli forces shot him from a short distance away. Another man is seen on the ground not far behind.
Al Jazeera's Tareq Abu Azzoum said the killings took place near where World Central Kitchen recently dropped off food aid.
The video then shows Israeli soldiers burying the bodies with a bulldozer.
"Probably certain words should be invented for this sort of thing," Marwan Bishara, AI Jazeera's chief political analyst, said in response to the footage. "I am not sure we have the sufficient vocabulary to describe this sort of twilight zone of Israel's fantasy of being the world's most moral army."
"It's a fantasy that meets the reality of a genocide," Bishara added. "An attempt to kill or destroy much of Palestine and Palestinians and hide the evidence and lie about it. When the Israeli army can do these things and get away with it, it can only then do more of it knowing that it will not meet any punishment."
Watch:
مشاهد حصرية للجزيرة لإعدام جنود إسرائيليين مدنيين فلسطينيين أثناء محاولتهم العودة لشمال قطاع غزة#الأخبار #حرب_غزة pic.twitter.com/QER98mv2n6
— قناة الجزيرة (@AJArabic) March 27, 2024
Richard Falk, former United Nations special rapporteur on the human rights situation in the occupied Palestinian territories, toldAl Jazeera that the footage provides "vivid confirmation of continuing Israeli atrocities" and spotlights the "unambiguous character of Israeli atrocities that are being carried out on a daily basis."
"The eyes and ears of the world have been assaulted in real-time by this form of genocidal behavior," said Falk. "It is a shocking reality that there has been no adverse reaction from the liberal democracies in the West. It is a shameful moment."
The Euro-Mediterranean Human Rights Monitor, whose board Falk chairs, has documented numerous examples of Israeli soldiers conducting close-range field executions in Gaza since October 7, when Israel launched its latest assault following a Hamas-led attack.
In less than six months, Israeli forces have killed more than 32,500 people in Gaza and sparked one of the worst humanitarian catastrophes in modern history.
The video footage emerged just days after the United Nations Security Council approved a resolution demanding an immediate cease-fire in Gaza. The U.S., Israel's leading arms supplier, abstained from the vote and falsely claimed the measure was "nonbinding."
The Israeli government, for its part, immediately signaled that it would disregard the resolution, just as it has ignored orders from the International Court of Justice.
Sophie McNeill, a human rights campaigner, called the footage released Wednesday "horrifying" and demanded that the International Criminal Court "urgently prioritize investigating and charging all those carrying out war crimes in Gaza."
"There just so happened to be a camera here in this moment. What are we not seeing?" McNeill asked. "This impunity must end."
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Joe Lieberman, Iraq War Cheerleader and Killer of Public Option, Dead at 82
"Joe Lieberman's legacy will live on as your medical debt."
Mar 27, 2024
While current and former officials across the U.S. political spectrum shared praise for and fond memories of former Sen. Joe Lieberman in response to news of his death on Wednesday, critics highlighted how some of his key positions led to the deaths of many others.
Lieberman's family said the 82-year-old died at NewYork-Presbyterian Hospital after a fall at his home in the Bronx. He served in the Connecticut Senate, as the state's attorney general, and in the U.S. Senate—initially as a Democrat and eventually as an Independent. He was also Democratic former Vice President Al Gore's running mate in the 2000 presidential election.
"Up until the very end, Joe Lieberman enjoyed the high-quality, government-financed healthcare that he worked diligently to deny the rest of us. That's his legacy," said Melanie D'Arrigo, executive director of the Campaign for New York Health, which advocates for universal, single-payer healthcare.
As Warren Gunnels, majority staff director for Senate Health, Education, Labor, and Pensions Committee Chair Bernie Sanders (I-Vt.),
explained, "Joe Lieberman led the effort to ensure the Affordable Care Act did not include a public option or a reduction in the Medicare eligibility age to 55."
Noting that Lieberman also lied about the presence of weapons of mass destruction (WMDs) in Iraq—which was used to justify the 2003 U.S. invasion—Gunnels asked, "How many people unnecessarily died as a result?"
He was far from alone in highlighting the two defining positions.
The Lever's David Sirota declared, "RIP Joe Lieberman, Iraq War cheerleader who led the fight to make sure Medicare was not extended to millions of Americans who desperately needed the kind of healthcare coverage he enjoyed in the Senate."
The Debt Collective said on social media that "Joe Lieberman killed so many people when he killed the public option. Not to mention all the people he killed by cheerleading every war and every lie that led to war. A truly horrible person with a shameful legacy."
Journalist Jon Schwarz pointed out that Lieberman continued to lie about the WMDs long after the claims were debunked.
FormerMSNBC host Mehdi Hasan noted that Lieberman declined an opportunity to apologize for the disastrous war, sharing a clip from his on-camera interview with the ex-senator in 2021.
And please don\u2019t give me this \u2018don\u2019t speak ill of the dead\u2019 stuff - 1) I\u2019m not speaking ill, I\u2019m stating facts, and 2) public figures are public figures, and their obits reflect their legacies and so we should be honest in our accounts of their legacies. Not offensive but honest— (@)
"We lost a giant today. I often disagreed with Joe Lieberman but he was always honorable in the way he called for American troops to murder people abroad so he could get his jollies," said Matt Stoller of the American Economic Liberties Project in a series of sarcastic social media posts.
"Joe Lieberman balanced his love of other people fighting in immoral wars with a commitment to preventing Americans from getting healthcare," Stoller added. "Even after his Senate career, he showed his strong democratic values by lobbying for Chinese telecom firms. We will miss this man."
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