January, 09 2009, 02:23pm EDT
For Immediate Release
Contact:
Paul Cort or Sarah Jackson, Earthjustice, (510) 550-6725
Yammilette Rodriguez, Latino Issues Forum - Fresno, (559) 241-6572
Kevin Hall, Sierra Club (559) 224-1842
Kevin Hamilton, Medical Advocates for Healthy Air - Fresno (559) 288-5244
EPA Sued over San Joaquin Valley "Clean Air"
EPA Declaration of Clean Air for the San Joaquin Valley Under Fire
SAN FRANCISCO
Public health, community, and conservation groups filed suit in the 9th
Circuit Court of Appeals against the U.S. Environmental Protection
Agency over the Agency's decision to relieve the notoriously polluted
region from further obligations to address dust pollution under the
federal Clean Air Act.
At issue is an October 2006 final rule officially removing the San
Joaquin Valley's designation as an area that violates federal standards
for coarse particulate matter (PM-10). With this decision, EPA waived
remaining obligations of the San Joaquin Valley Air Pollution Control
District to continue it's fight against PM-10. According to the
California Air Resources Board, particulate matter is the most deadly
air pollutant, estimated to kill more than 1200 Valley residents each
year.
"The air is still not clean. More than half of Latinos in the San
Joaquin Valley report that they suffer from respiratory problems,(1)"
said Nora Vargas of the Latino Issues Forum. "Latino families suffer
disproportional health and economic impacts from air pollution as
asthma is the leading cause of absenteeism2 from school or work due to
chronic conditions. Air quality affects everyone, every resident of the
Valley deserves clean air."
Even though air quality monitors in the Valley show that the federal
standards are not being met, EPA and the local air district claim that
these recurring violations are natural and need not be addressed
through further controls.
"This is a classic case of trying to sweep the dust under the rug,"
said Paul Cort of Earthjustice who is representing the coalition
against EPA. "The air is not clean and the agencies have not done their
job to protect public health. EPA's decision is factually and legally
flawed and must be overturned."
"The San Joaquin Valley is a region where industry special interests
hold sway," said Kevin Hall of the Fresno Sierra Club. "As we said at
the time of the finding, it was either a miracle or they were lying. As
more data came in, we became convinced it was the latter."
"EPA regulators had to write new rules with special loopholes just so
they could ignore the Valley's PM-10 pollution," said Kevin Hamilton a
respiratory therapist and representative of Medical Advocates for
Healthy Air. "Listening to the coughing and wheezing of my patients I
wonder how their lungs and hearts can get in on the deal. Come on EPA,
we're not stupid here."
Strategy of Avoidance
For nearly a decade, community groups have been going to court to make
sure the Clean Air Act is fully enforced in the San Joaquin Valley.
These citizen's legal actions have successfully ended illegal
exemptions (agriculture, oil refineries) and forced new clean air rules
(for industrial polluters and wood burning.)
One of the cases clean air advocates won was a court order that set a
deadline for EPA to adopt missing measures for addressing the PM-10
problem in the Valley. Rather than establish these required measures,
EPA instead chose to manipulate data from air monitoring stations to
determine the Valley had attained the national PM-10 standards.
The Dangers of Particulate Matter
Sources of particulate matter pollution include almost any activity
that generates dust, soot or smoke. EPA has long recognized that
exposure to elevated ambient air concentrations of particulate matter
less than 10 microns in diameter (referred to as PM-10) can cause
impairment of lung function, impacts on respiratory defense mechanisms,
aggravation of respiratory and cardiovascular disease, and premature
mortality.
EPA adopted national ambient air quality standards for PM-10 in 1987
and directed all areas not meeting these standards to adopt state plans
including specific control measures to regulate sources of PM-10.
The San Joaquin Valley in central California continues to be one of the most PM-polluted regions in the country.
- 30 -
Read the Petition for Review here:
https://www.earthjustice.org/library/legal_docs/petition-pm-10.pdf
References:
1. Public Policy Institute of California
https://www.ppic.org/main/policyarea.asp?i=4
2. American Lung Association of CA
https://www.californialung.org/advocacy/asthma-policy
LATEST NEWS
'Make Polio Great Again': Alarm Over RFK Jr. Lawyer Who Targeted Vaccine
"So if you're wondering if Donald Trump is trying to kill your kids, yes, yes he is," said one critic.
Dec 13, 2024
Public health advocates, federal lawmakers, and other critics responded with alarm to The New York Timesreporting on Friday that an attorney helping Robert F. Kennedy Jr. select officials for the next Trump administration tried to get the U.S. regulators to revoke approval of the polio vaccine in 2022.
"The United States has been a leader in the global fight to eradicate polio, which is poised to become only the second disease in history to be eliminated from the face of the earth after smallpox," said Liza Barrie, Public Citizen's campaign director for global vaccines access. "Undermining polio vaccination efforts now risks reversing decades of progress and unraveling one of the greatest public health achievements of all time."
Public Citizen is among various organizations that have criticized President-elect Donald Trump's choice of Kennedy to lead the Department of Health and Human Services, with the watchdog's co-president, Robert Weissman, saying that "he shouldn't be allowed in the building... let alone be placed in charge of the nation's public health agency."
Although Kennedy's nomination requires Senate confirmation, he is already speaking with candidates for top health positions, with help from Aaron Siri, an attorney who represented RFK Jr. during his own presidential campaign, the Times reported. Siri also represents the Informed Consent Action Network (ICAN) in petitions asking the Food and Drug Administration (FDA) "to withdraw or suspend approval of vaccines not only for polio, but also for hepatitis B."
According to the newspaper:
Mr. Siri is also representing ICAN in petitioning the FDA to "pause distribution" of 13 other vaccines, including combination products that cover tetanus, diphtheria, polio, and hepatitis A, until their makers disclose details about aluminum, an ingredient researchers have associated with a small increase in asthma cases.
Mr. Siri declined to be interviewed, but said all of his petitions were filed on behalf of clients. Katie Miller, a spokeswoman for Mr. Kennedy, said Mr. Siri has been advising Mr. Kennedy but has not discussed his petitions with any of the health nominees. She added, "Mr. Kennedy has long said that he wants transparency in vaccines and to give people choice."
After the article was published, Siri called it a "typical NYT hit piece plainly written by those lacking basic reading and thinking skills," and posted a series of responses on social media. He wrote in part that "ICAN's petition to the FDA seeks to revoke a particular polio vaccine, IPOL, and only for infants and children and only until a proper trial is conducted, because IPOL was licensed in 1990 by Sanofi based on pediatric trials that, according to FDA, reviewed safety for only three days after injection."
The Times pointed out that experts consider placebo-controlled trials that would deny some children polio shots unethical, because "you're substituting a theoretical risk for a real risk," as Dr. Paul A. Offit, a vaccine expert at the Children's Hospital of Philadelphia, explained. "The real risks are the diseases."
Ayman Chit, head of vaccines for North America at Sanofi, told the newspaper that development of the vaccine began in 1977, over 280 million people worldwide have received it, and there have been more than 300 studies, some with up to six months of follow-up.
Trump, who is less than six weeks out from returning to office, has sent mixed messages on vaccines in recent interviews.
Asked about RFK Jr.'s anti-vaccine record during a Time "Person of the Year" interview published Thursday, the president-elect said that "we're going to be able to do very serious testing" and certain vaccines could be made unavailable "if I think it's dangerous."
Trump toldNBC News last weekend: "Hey, look, I'm not against vaccines. The polio vaccine is the greatest thing. If somebody told me to get rid of the polio vaccine, they're going to have to work real hard to convince me. I think vaccines are—certain vaccines—are incredible. But maybe some aren't. And if they aren't, we have to find out."
Both comments generated concern—like the Friday reporting in the Times, which University of Alabama law professor and MSNBC columnist Joyce White Vance called "absolutely terrifying."
She was far from alone. HuffPost senior front page editor Philip Lewis said that "this is just so dangerous and ridiculous" while Zeteo founder Mehdi Hasan declared, "We are so—and I use this word advisedly—fucked."
Ryan Cooper, managing editor at The American Prospect, warned that "they want your kids dead."
Author and musician Mikel Jollett similarly said, "So if you're wondering if Donald Trump is trying to kill your kids, yes, yes he is."
Multiple critics altered Trump's campaign slogan to "Make Polio Great Again."
U.S. Sen. Elizabeth Warren (D-Mass.) responded with a video on social media:
Without naming anyone, Senate Minority Leader Mitch McConnell (R-Ky.), a polio survivor, put out a lengthy statement on Friday.
"The polio vaccine has saved millions of lives and held out the promise of eradicating a terrible disease. Efforts to undermine public confidence in proven cures are not just uninformed—they're dangerous," he said in part. "Anyone seeking the Senate's consent to serve in the incoming administration would do well to steer clear of even the appearance of association with such efforts."
Keep ReadingShow Less
Biden Pardon of 'Kids-for-Cash' Judge Michael Conahan Sparks Outrage
"It's a big slap in the face for us once again," said one of the disgraced judge's victims.
Dec 13, 2024
Victims of a scheme in which a pair of Pennsylvania judges conspired to funnel thousands of children into private detention centers in exchange for millions of dollars in kickbacks expressed outrage following U.S. President Joe Biden's Thursday commutation of one of the men's sentences.
In 2010, former Luzerne County Judge Michael Conahan pleaded guilty to federal racketeering charges and was sentenced to more than 17 years in prison after he and co-conspirator Mark Ciavarella shut down a county-run juvenile detention facility and then took nearly $3 million in payments from the builder and co-owner of for-profit lockups, into which the judges sent children as young as 8 years old.
"It's a big slap in the face for us once again," Amanda Lorah—who was sentenced by Conahan to five years of juvenile detention over a high school fight—toldWBRE.
Sandy Fonzo, whose son killed himself after being sentenced to juvenile detention, said in a statement: "I am shocked and I am hurt. Conahan's actions destroyed families, including mine, and my son's death is a tragic reminder of the consequences of his abuse of power."
"This pardon feels like an injustice for all of us who still suffer," Fonzo added. "Right now I am processing and doing the best I can to cope with the pain that this has brought back."
Many of Conahan's victims were first-time or low-level offenders. The Pennsylvania Supreme Court would later throw out thousands of cases adjudicated by the Conahan and Ciaverella, the latter of whom is serving a 28-year sentence for his role in the scheme.
Conahan—who is 72 and had been under house arrest since being transferred from prison during the Covid-19 pandemic—was one of around 1,500 people who received commutations or pardons from Biden on Thursday. While the sweeping move was welcomed by criminal justice reform advocates, many also decried the president's decision to not grant clemency to any of the 40 men with federal death sentences.
Others have called on Biden—who earlier this month pardoned his son Hunter Biden after promising he wouldn't—to grant clemency to people including Indigenous activist Leonard Peltier and environmental lawyer Steven Donziger.
"There's never going to be any closure for us."
"So he wants to talk about Conahan and everybody else, but what is Joe Biden doing for all of these kids who absolutely got nothing, and almost no justice in this whole thing that happened?" said Lorah. "So it's nothing for us, but it seems that Conahan is just getting a slap on the wrist every which way he possibly could still today."
"There's never going to be any closure for us," she added. "There's never going to be, somehow, some way, these two men are always going to pop up, but now, when you think about the president of the United States letting him get away with this, who even wants to live in this country at this point? I'm totally shocked, I can't believe this."
Keep ReadingShow Less
77 House Dems Call for 'Full Assessment' of Israeli Compliance With US Law
Lawmakers told the Biden administration they are "deeply troubled by the continued level of civilian casualties and humanitarian suffering in Gaza."
Dec 13, 2024
As Israel continues to decimate the Gaza Strip with American weapons, 77 Democrats in the U.S. House of Representatives this week demanded that the Biden administration "provide a full assessment of the status of Israel's compliance with all relevant U.S. policies and laws, including National Security Memorandum 20 (NSM-20) and Section 620I of the Foreign Assistance Act."
Reps. Jason Crow (D-Colo.), Madeleine Dean (D-Pa.), and Chrissy Houlahan (D-Pa.) spearheaded the Thursday letter to Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin, with less than six weeks left in President Joe Biden's term.
Since Biden issued NSM-20 in February, his administration has repeatedly accepted the Israel government's assurances about the use of U.S. weapons, despite reports from journalists and human rights groups about how they have helped Israeli forces slaughter at least 44,875 Palestinians and injure another 106,454 people in the besieged enclave over the past 14 months.
"Our concerns remain urgent and largely unresolved, including arbitrary restrictions on humanitarian aid and insufficient delivery routes."
House Democrats' letter begins by declaring support for "Israel's right to self-defense," denouncing the Hamas-led October 2023 attack, and endorsing the Biden administration's efforts "to broker a bilateral cease-fire that includes the release of hostages," noting the deal recently negotiated for the Israeli government and the Lebanese group Hezbollah.
"Further, we condemn the unprecedented Iranian attacks against Israel launched on April 13, 2024, and October 1, 2024," the letter states, declining to mention the Israeli actions that led to those responses. "We must continue to avoid a major regional conflict—and we welcome the concerted diplomatic efforts by the U.S. and our allies to prevent further escalation."
"We are also deeply troubled by the continued level of civilian casualties and humanitarian suffering in Gaza," the lawmakers wrote, citing the administration's October 13 letter imposing a 30-day deadline for Israel to improve humanitarian conditions in Palestinian territory. "That deadline has expired, and while some progress has been made, we believe the Israeli government has not yet fulfilled the requirements outlined in your letter."
Asked during a November 12 press conference if the Israeli government has met the administration's demands, State Department spokesperson Vedant Patel said that "we have not made an assessment that they are in violation of U.S. law."
Shortly after that, U.S. Sen. Bernie Sanders (I-Vt.) forced votes on resolutions to block the sale of 120mm tank rounds, 120mm high-explosive mortar rounds, and Joint Direct Attack Munitions (JDAMs) to Israel, but they didn't pass.
Progressives and Democrats in Congress have been sounding the alarm about U.S. government complicity in Israel's armed assault and starvation campaign—which have led to an ongoing genocide case at the International Court of Justice—to varying degrees since October 2023, including with a May letter led by Crow and Rep. Chris Deluzio (D-Pa.) and signed by 85 others.
Citing that letter on Thursday, the 77 House Democrats wrote that "our concerns remain urgent and largely unresolved, including arbitrary restrictions on humanitarian aid and insufficient delivery routes, among others. As a result, Gaza's civilian population is facing dire famine."
"We believe further administrative action must be taken to ensure Israel upholds the assurances it provided in March 2024 to facilitate, and not directly or indirectly obstruct, U.S. humanitarian assistance," the letter concludes. "We remain committed to a negotiated solution that can bring an end to the fighting, free the remaining hostages, surge humanitarian aid, and lay the groundwork to rebuild Gaza with a legitimate Palestinian governing body. We thank you and the administration for its ongoing work to achieve those shared goals."
Keep ReadingShow Less
Most Popular