August, 31 2009, 02:21pm EDT
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EPA Data Reveal Far Reach of Toxic Coal Ash Threats
Details from 584 coal ash sites in 35 states finally released; public health at risk
WASHINGTON
The U.S. Environmental Protection Agency has just unveiled information
to environmental groups about America's toxic coal ash dumps after
months of data collection and inquiry. The groups, after a Freedom of
Information Act request, discovered late last Friday that there are 584
coal ash dump sites across the country -- almost twice as many as
previously identified. These sites pose significant cancer and health
risks that so far have gone unchecked.
Because the EPA does not regulate the waste from coal-fired power
plants, the agency had no information on the location and nature of the
584 wet ash dumps located throughout the EPA has acknowledged that wet
disposal of coal ash presents a greater risk to human health and the
environment than dry landfills because hazardous chemicals are more
likely to migrate from such dumps and the large impoundments present a
risk of catastrophic failure.
The EPA data note ownership, location, hazard potential, year
commissioned, type and quantity of coal combustion waste disposed,
dates of the last regulatory or company assessment, and in some
instances whether an unregulated discharge of coal ash had occurred.
Some critical data were not included because companies claimed the data
as "Confidential Business Information."
States with coal ash sites included in the list are: Alabama,
Arkansas, Arizona, Colorado, Delaware, Florida, Georgia, Iowa,
Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts,
Maryland, Michigan, Minnesota, Missouri, Mississippi, Montana, North
Carolina, North Dakota, New Mexico, New York, Ohio, Oklahoma,
Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia,
Wisconsin, West Virginia, and Wyoming.
"There is no lingering doubt, these coal ash dumps are dangerous and
must be regulated immediately," said Lisa Evans, an attorney at
Earthjustice. "The EPA list provides a clear view of the substantial
extent of the threat. Now the agency needs to take the next step and
ensure that communities are informed and protected against the
possibility of another TVA-like tragedy."
On March 9, the EPA sent letters to hundreds of power generating facilities
requesting information about coal ash surface impoundments. The letters
were in response to the disaster that occurred on December 22, 2008, at
the Tennessee Valley Authority's Kingston Fossil Plant in Harriman, TN.
Over 1 billion gallons of coal ash sludge flooded 300 acres in and near
the Emory River when a dike at a coal ash pond collapsed, destroying
homes and property and poisoning surrounding waters and wildlife.
"Recovery from this massive spill will take years, and the price tag
for the clean up continues to grow," said Lyndsay Moseley, Sierra Club
representative and Tennessee native. "It was a stark reminder that coal
is not clean or cheap, and this information should prompt improved
safety practices and regulation of coal ash sites across the country."
The data released last Friday reveal the problems are much more
widespread than EPA previously thought. The wet disposal of coal ash
and affect communities in 35 states, with concentrations of dangerous
dumps in the Midwest, Appalachia, Intermountain West and Southeast. The
data reveal that the majority of dump sites are over three decades old
-- raising questions about the structural integrity of their dams and
whether the waste ponds are adequately lined. Most older dump sites are
not lined to prevent the migration of harmful chemicals to drinking
water. The data reveal also that regulatory inspections of these dams
by state and federal agencies are infrequent or non-existent.
EPA's data also indicate that many of the wet dumps are very large,
with over a hundred exceeding 50 acres, including numerous sites
comprising several hundred acres. Furthermore the largest dumps tend to
be the older sites with the least amount of protection. The problems
are likely underestimated by the present data set because companies
like Duke Energy, Alabama Power, Georgia Power and Progress Energy have
withheld information on 74 dump sites, including some of the largest
dump sites in the U.S, claiming the information is "confidential
business information."
"Some utilities -- notably the Duke and Southern Companies -- are
hiding the ball, withholding data on their ash ponds that their
competitors have already provided to EPA," said Eric Schaeffer,
executive director of the Environmental Integrity Project. "Let's hope
that EPA's enforcement program puts a stop to these bogus claims of
'confidentiality,' and compels the disclosure of data that companies
are required to report."
EPA Administrator Lisa Jackson has said the agency is developing
rules to govern disposal and storage of coal ash, and expects a
proposal by the end of this year. Coal ash sites contain harmful levels
of arsenic, lead, mercury and other toxins, which can leach out, slowly
contaminating drinking water sources. Recently the EPA identified 49
"high hazard" sites, whose failure would be likely to cause loss of
life, after an information request by Earthjustice, Sierra Club and
EIP. These sites had been deemed by the Department of Homeland Security
to pose such a threat to nearby communities that they revealing their
location had been deemed a national security risk.
"This is a wake up call to the EPA to regulate coal ash as a
hazardous waste and protect our health and environment," Evans said.
"Communities have a right to know the dangers posed by these largely
unlined, unmonitored, and uninspected impoundments. Increased cancer
risks, poisoned drinking water supplies, the possibility of a lingering
threat for decades all mean that the EPA must regulate coal ash as
hazardous waste to ensure that all communities are protected."
But despite the obvious threats posed by coal ash dumps, 25 senators
(nine Democrats and 16 Republicans) signed a letter supporting federal
regulation that would let the utility companies off the hook.
"Research has made it clear that coal ash is becoming increasingly
toxic. In fact the cancer risk of people living near some coal ash
sites is a staggering 1 in 50," said Mary Anne Hitt, Deputy Director of
the Sierra Club's Beyond Coal Campaign. "Despite those chilling
statistics, there are still no federal rules in place for safe disposal
of coal ash. Coal ash should be treated like the hazardous substance it
is, governed by strong rules to protect communities and hold the coal
industry accountable for the risks posed by its toxic waste."
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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'Tragic Outcome' for Gig Workers as California Supreme Court Hands Win to Uber, DoorDash
"Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers," the case plaintiff said.
Jul 25, 2024
Labor advocates on Thursday decried a ruling by the California Supreme Court upholding a lower court's affirmation of a state ballot measure allowing app-based ride and delivery companies to classify their drivers as independent contractors, limiting their worker rights.
The court's seven justices ruled unanimously in Castellanos v. State of California that Proposition 22, which was approved by 58% of California voters in 2020, complies with the state constitution. Prop 22—which was overturned in 2021 by an Alameda County Superior Court judge in 2021—was upheld in March 2023 by the state's 1st District Court of Appeals.
The business models of app-based companies including DoorDash, Instacart, Lyft, and Uber rely upon minimizing frontline worker compensation by categorizing drivers as independent contractors instead of employees. Independent contractors are not entitled to unemployment insurance, health insurance, or compensation for business expenses.
There are approximately 1.4 million app-based gig workers in California, according to industry estimates.
While DoorDash hailed Thursday's ruling as "not only a victory for Dashers, but also for democracy itself," gig worker advocates condemned the decision.
"Over the last three years, gig workers across California have experienced firsthand that Prop 22 is nothing more than a bait-and-switch meant to enrich global corporations at the expense of the Black, brown, and immigrant workers who power their earnings," plaintiff Hector Castellanos, who drives for Uber and Lyft, said in a statement.
"Prop 22 has allowed gig companies like Uber, Lyft, and DoorDash to deprive us of a living wage, access to workers compensation, paid sick leave, and meaningful healthcare coverage," Castellanos added. "Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers."
Lorena Gonzalez, president of the California Federation of Labor Unions, AFL-CIO, said that "we are deeply disappointed that the state Supreme Court has allowed tech corporations to buy their way out of basic labor laws despite Proposition 22's inconsistencies with our state constitution."
"These companies have upended our social contract, forcing workers and the public to take on the inherent risk created by this work, while they profit," she continued. "A.B. 5 granted virtually all California workers the right to be paid for all hours worked, health and safety standards, unemployment insurance, workers compensation, and the right to organize."
"Rideshare and delivery drivers deserve those rights as well," Gonzalez stressed.
The Gig Workers Rising campaign said on social media that "Uber and other app corporations spent $220 million to buy this law, and they did it by tricking Californians."
Prop 22's passage in November 2020 with nearly 59% of the vote was the culmination of what was by far the most expensive ballot measure in California history. App-based companies and their backers outspent labor and progressive groups by more than 10 to 1, with proponents pouring a staggering $204.5 million into the "yes" campaign's coffers against just $19 million for the "no" side.
"Voters were told the initiative would provide us with 'historic new benefits' and guaranteed earnings," said Gig Workers Rising. "But since it went into effect, drivers have seen our pay go down, learned the benefits are a sham, and have to accept unsafe rides because of the constant threat of being 'deactivated,' kicked off the app with little explanation or warning."
"If Uber really cared about good benefits and fair wages, it could make that happen tomorrow," the campaign added. "Instead, it has shown it would rather slash pay, bamboozle voters, and put drivers' lives and livelihoods in danger—all while promising $7 billion in stock buybacks to banks and billionaires."
Veena Dubal, a law professor at the University of California, Irvine who focuses on labor and inequality, toldCalMatters that Thursday's ruling was "a really tragic outcome," but "it's not the end of the road."
Dubal's sentiment was echoed by some California state legislators, who said the ruling presents an opportunity to act.
"While this decision is frustrating, it must also be motivating," said state Senate Labor Committee Chair Lola Smallwood-Cuevas (D-28). "I'm more determined than ever to ensure that all workers—including our diverse and Black, Indigenous, and people of color-led gig workforce—have the basic protections of workers compensation, paid sick leave, family leave, disability insurance, and the right to form a union."
Prop 22 has served as a template for lawmakers in other states seeking to deny or limit basic worker rights, benefits, and protections.
In Massachusetts, app-based companies have been fighting for years to get a measure to classify drivers as contractors on the state ballot. In 2022, Lyft made the largest political donation in state history—$14.4 million—to a coalition funding one such proposal.
Last month, Uber and Lyft reached an agreement with the office of Massachusetts Attorney General Andrea Campbell, a Democrat, to pay $175 million to settle a lawsuit filed in 2020. As part of the deal, the companies also agreed to increase driver pay and provide paid sick leave, accident insurance, and some health benefits. The agreement does not address how app-based gig workers should be classified.
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"This is your chance to energize young people and our communities to vote, mount one of the greatest political comebacks in decades, and deliver a resounding defeat to the far-right agenda of Trump and Vance."
Jul 25, 2024
Four youth-led groups on Thursday urged Vice President Kamala Harris, the presumptive Democratic presidential nominee, to "fight for our future" by pursuing a policy agenda the coalition unveiled in a March letter to U.S. President Joe Biden.
It's been less than a week since Biden left the race and endorsed Harris, who is expected to face former Republican Donald Trump and his running mate, U.S. Sen. JD Vance (R-Ohio), in the November election. Since then, she's racked up endorsements from Democratic members of Congress and progressive groups focused on issues including climate, labor, and reproductive rights.
March for Our Lives, which was launched after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, honored Harris with the group's first-ever endorsement on Wednesday, calling her "the right person to stand up for us and fight for the country we deserve."
"To defeat Trump, you must rebuild support and enthusiasm among young voters."
The gun violence prevention organization is part of the youth-led coalition behind the new letter, which also includes the climate-focused Sunrise Movement; Gen-Z for Change, which advocates on a range of issues; and the national immigrant network United We Dream Action.
"You have an urgent and important task. To defeat Trump, you must rebuild support and enthusiasm among young voters," the coalition told Harris on Thursday, noting that she sought the Democratic nomination during the last cycle. "You should build on your 2020 campaign platform where you put forward a strong vision to make the economy work for everyday people and ensure a livable future for us all."
The groups urged Harris to support the Green New Deal, Medicare for All, and the Reverse Mass Incarceration Act. They pushed her to expand pathways to citizenship, keep families together, end fossil fuel subsidies, and create good, union jobs. They also called on her to prioritize gun violence prevention and investments in public health solutions and green, affordable housing.
"Democrats are at a critical crossroads with young people," the coalition wrote to Harris on Thursday. "Polls showed Biden and Trump neck-and-neck among young voters."
ANew York Times/Siena College poll conducted July 22-24 shows Trump leading Harris 48% to 47% among likely voters and 48% to 46% among registered voters—differences that fall within the margin of error.
Forbesnoted Thursday that "Democrats are far more enthusiastic about Harris than they were Biden, the Times/Siena survey found, with nearly 80% of voters who lean Democrat saying they would like Harris to be the nominee, compared to 48% of Democrats who said the same about Biden three weeks ago."
The outlet also pointed to two other polls conducted by Morning Consult and Reuters/Ipsos since Biden dropped out, which both show Harris with a narrow lead over Trump.
"You have an opportunity to win the youth vote by turning the page and differentiating yourself from Biden policies that are deeply unpopular with us, such as approving new oil and gas projects, denying people their right to seek refuge and asylum, and funding the Israeli government's killing of civilians in Gaza," the youth coalition highlighted Thursday. "You must speak to the economic pain young people are facing from crushing student debt and skyrocketing housing and food prices."
Looking beyond November, the groups told Harris—who could be the first Black woman and person of Asian descent elected to the country's highest office—that "you could be a historic president. Not just because of who you are, but what you can accomplish."
"Young people are energized and ready to organize against fascism and for the future we deserve," they concluded. "This is your chance to energize young people and our communities to vote, mount one of the greatest political comebacks in decades, and deliver a resounding defeat to the far-right agenda of Trump and Vance."
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"The video game industry generates billions of dollars in profit annually," said one union leader. "The driving force behind that success is the creative people who design and create those games."
Jul 25, 2024
After nearly two years of negotiations with video game giants and no deal that would protect performers from artificial intelligence, unionized voice and motion capture actors who work in video game development announced Thursday that they will go on strike starting at 12:01 am on Friday, July 26.
The performers are represented by Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), which last year won a contract for TV and film actors that included "unprecedented provisions for consent and compensation that will protect members from the threat of AI," after the union went on strike for four months.
The union has been negotiating on behalf of video game actors with major production companies including Disney Character Voices Inc., Activision Productions Inc., and WB Games Inc., and has won concessions over wages and job safety—but "AI protections remain the sticking point," said SAG-AFTRA on Thursday as the impending strike was announced.
Unionized actors want protections that would stop video game companies from training AI to replicate actors' voices or likeness without their consent and without compensating them.
"The video game industry generates billions of dollars in profit annually," said Duncan Crabtree-Ireland, national executive director and chief negotiator for SAG-AFTRA. "The driving force behind that success is the creative people who design and create those games. That includes the SAG-AFTRA members who bring memorable and beloved game characters to life, and they deserve and demand the same fundamental protections as performers in film, television, streaming, and music: fair compensation and the right of informed consent for the AI use of their faces, voices, and bodies."
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Sarah Elmaleh, negotiating committee chair for the union's interactive media agreement, said the negotiations have shown the companies "are not interested in fair, reasonable AI protections, but rather flagrant exploitation."
"We look forward to collaborating with teams on our interim and independent contracts, which provide AI transparency, consent, and compensation to all performers, and to continuing to negotiate in good faith with this bargaining group when they are ready to join us in the world we all deserve," said Elmaleh.
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The strike was announced as more than 500 workers who help develop the popular World of Warcraft video game franchise voted to join the Communications Workers of America (CWA), with the games publisher, Blizzard Entertainment, recognizing the bargaining unit.
CWA noted that the workers' journey to union representation began with a walkout in 2021 at Activision Blizzard, which was later bought by Microsoft, over sexual harassment and discrimination.
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