March, 08 2010, 11:43am EDT
Supreme Court Refuses to Hear Air Pollution Case
Victory for clean air advocates who fought air pollution loophole
WASHINGTON
The Supreme Court sided with community advocates by refusing to review a decision
(09-495) by the United States Court of Appeals for the District of
Columbia Circuit that closed a gaping air pollution loophole. The
loophole, known as the "startup, shutdown and malfunction" exemption
effectively allowed major industrial polluters to exceed emissions
standards whenever they claimed that their equipment "malfunctioned."
The community groups, represented by Earthjustice in this case against the Bush-era U.S. Environmental Protection Agency, had succeeded in closing the loophole
with a win in federal court in December 2008. Following the D.C.
Circuit's decision, EPA did not seek Supreme Court review, but American
Chemistry Council and other major industry groups, which had intervened
in the case, did.
"We're pleased that the court has finally put an end to this
litigation," said Earthjustice attorney Jim Pew. "This air pollution
exemption has caused terrible suffering in thousands of communities. No
one disputes that it's illegal. Under the Obama administration, EPA has
already committed to rethink this loophole, and we look forward to
working with the agency to bring relief to overburdened communities as
soon as possible."
The groups that brought the case, Sierra Club, Environmental
Integrity Project, Louisiana Environmental Action Network, Coalition
for a Safe Environment and Friends of Hudson, acted to protect their
members and others who live in communities in the Gulf Coast, southern
California, upstate New York, and across America that are subject to
vast quantities of excess toxic pollution when refineries, chemical
plants, and other industrial facilities exceed their emission standards
as a result of alleged "malfunctions" as well as when operations
startup and shutdown. During these events, toxic emissions can
skyrocket, severely degrading air quality. And some facilities evade
clean air protections by claiming that they are in "startup, shutdown
and malfunction" mode during much of their operating time.
The loophole's potential for abuse was on full display on Sept. 25,
2009, when news outlets reported on a fire caused by a malfunction at
the Tesoro Energy Corp's Wilmington, California refinery. What most
news reports don't detail is the fact that the fire burned for more
than 6 hours. That's several hours of fumes emitted from a 100,000 barrel-per-day refinery. The refinery produces gasoline, jet fuel, diesel fuels, petroleum coke and fuel oil.
Jesse Marquez, executive director for the Coalition for a Safe
Environment, lives just three miles away from the Tesoro refinery. He
was at the scene of the incident and said the malfunction began at 6
a.m. and for hours a noxious smell of crude oil and diesel fuel fumes
filled the air. The refinery notified the elementary school a mile away
of the fire but it did not inform residents. Not only did residents
contend with poisonous emissions, the fire left soot on peoples' cars
and homes. The refinery eventually paid for the cost of cleaning homes
and cars but did not reveal what public health risks occurred as a
result of the hours-long exposure to these pollutants. Along with the
Tesoro refinery, Wilmington -- just four square miles -- is home to the
ConocoPhillips and Valero refineries.
"Almost every week a refinery has a malfunction and equipment break
down and almost every year there is a fire," said Marquez. "Each of
these refineries exposes our children to hundreds of tons of toxic
pollutants every year. I am pleased with the Supreme Court's decision
because we need strict rules to regulate refineries and they must be
held accountable when their violations of emission standards put the
public in harm's way."
"Hopefully as a result of this decision, companies will take
responsibility for accidents that expose their neighbors to dangerous
pollutants," added Eric Schaeffer, director of Environmental Integrity
Project. "The Clean Air Act doesn't excuse 'accidental' pollution, and
neither should the U.S. Environmental Protection Agency."
Citizens of the state of Texas are also among those who will benefit
from the Supreme Court's decision. With more than 250 industrial sites,
Texas is home to the nation's largest number of refineries, chemical
and petrochemical plants in the nation. The state is also one of a few
that tracks pollutants released during startup, shutdown, and
malfunction periods: according to state records, thirty facilities
emitted more than forty-five million pounds of toxins in just one year
during these off-the-books periods.
"Startups, shutdowns and malfunctions create some of the highest
volumes and worst toxic air pollution released by large industrial
factories, and nearby communities suffer the horrible impacts of the
chemicals dumped into their air supply," said Neil Carman, clean air
director for the Sierra Club's Lone Star Chapter and a former Texas
state refinery inspector.
In nearby Louisiana, there are some 20 million pounds of air toxics
pumped into the air each year, with one part of the state given the
dubious nickname "Cancer Alley."
"This is not about numbers on a page," said Marylee Orr, executive
director of Louisiana Environmental Action Network. "This is about
making the air healthy to breathe, communities quality of life better
and that will help the economy. We thank the Supreme Court for
protecting people's health."
Susan Falzon of Friends of Hudson represents residents living near
or downwind the Lafarge cement kiln plant in Ravena, NY. She said
residents have been subjected to regular startup, shutdown and
malfunction emissions incidents that have gone on for years with no
enforcement actions taken.
"The incidents are largely unpublicized and therefore the general
public is unaware of this danger," Falzon said. "We are fortunate that
there have been no major mishaps but at the same time we have been
exposed to a slow and steady series of so-called minor incidents.
Closing this loophole is a victory for our communities."
"The court made the right decision; the Clean Air Act requires
continued compliance with its standards," said Jane Williams, Chair of
Sierra Club's Air Toxics Task Force. "This loophole has been a
get-out-of-jail free card for far too long for dirty industries."
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.
800-584-6460LATEST NEWS
Complaints of Pregnant Patients Denied Emergency Care Surged After Dobbs
"MAGA abortion bans deny women lifesaving care," one critic said in response to reporting on patient stories.
Apr 19, 2024
New reporting from The Associated Press that complaints of pregnant patients turned away from emergency departments "spiked" after the reversal of Roe v. Wade sparked fresh condemnation of efforts to restrict abortion rights on Friday.
Since the right-wing U.S. Supreme Court ended nearly half a century of nationwide abortion rights with Dobbs v. Jackson Women's Health Organization in June 2022, over 20 states have enacted new restrictions on reproductive healthcare, creating a culture of confusion and fear at many medical facilities.
Early last year, the AP filed a public records request for 2022 complaints filed under the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal law that requires hospitals and emergency departments that accept Medicare to provide screenings to patients who request them and prohibits refusing to treat individuals with an emergency medical condition.
"This is the reality that extreme Republicans call 'pro-life.'"
"One year after submitting the request, the federal government agreed to release only some complaints and investigative documents filed across just 19 states," the AP's Amanda Seitz reported. "The names of patients, doctors, and medical staff were redacted from the documents."
"One woman miscarried in the lobby restroom of a Texas emergency room as front desk staff refused to admit her," the journalist detailed. "Another woman learned that her fetus had no heartbeat at a Florida hospital, the day after a security guard turned her away from the facility. And in North Carolina, a woman gave birth in a car after an emergency room couldn't offer an ultrasound. The baby later died."
According to Seitz:
Emergency rooms are subject to hefty fines when they turn away patients, fail to stabilize them, or transfer them to another hospital for treatment. Violations can also put hospitals' Medicare funding at risk.
But it's unclear what fines might be imposed on more than a dozen hospitals that the Biden administration says failed to properly treat pregnant patients in 2022.
It can take years for fines to be levied in these cases. The Health and Human Services agency, which enforces the law, declined to share if the hospitals have been referred to the agency's Office of Inspector General for penalties.
Responding to the reporting on social media, journalist Jane Mayer declared, "This is barbaric."
Texas Poor People's Campaign said that women in the state "are being left to die in ER waiting rooms. We cannot let this policy violence against women continue. Please join us as we mobilize voters for the '24 election."
Going into November, abortion has been a key issue at the state and federal level. Supporters of reproductive freedom are working to advance various ballot measures while Democratic President Joe Biden's campaign has highlighted his support for abortion rights and the presumptive Republican nominee, former President Donald Trump, has bragged about his role in reversing Roe—he appointed three of the six justices behind the majority opinion.
"MAGA abortion bans deny women lifesaving care," stressed Alex Wall, senior vice president for digital advocacy at the Center for American Progress. Citing examples from Texas and Florida in the AP report, he reiterated, "MAGA Republicans did this."
Congresswoman Becca Balint (D-Vt.) said that "this is the reality that extreme Republicans call 'pro-life'—pregnant women being turned away at hospitals and emergency centers. Absolutely disgraceful. No woman should ever be denied emergency care."
Slate's Mark Joseph Stern, who covers U.S. legal battles, noted that this "devastating and timely story" from Seitz comes "just days before the Supreme Court considers whether emergency rooms can legally force patients to the brink of death before terminating a failing pregnancy."
The high court is set to hear arguments in that case Wednesday. The Biden administration is challenging Idaho's near-total ban on abortion, which "would make it a criminal offense for doctors to comply with EMTALA's requirement to provide stabilizing treatment, even where a doctor determines that abortion is the medical treatment necessary to prevent a patient from suffering severe health risks or even death," as the U.S. Department of Justice's lawsuit explains.
The Justice Department is seeking a judgment that Idaho's law is invalid under the supremacy clause of the U.S. Constitution and "is preempted by federal law to the extent that it conflicts with EMTALA."
Keep ReadingShow Less
Progressives Oppose Israel Funding Advanced by US House
"Congress is shamefully choosing a failed approach of fueling genocide rather than saving Palestinian and Israeli lives," said Rep. Cori Bush.
Apr 19, 2024
Progressive lawmakers on Friday dissented as the Republican-controlled U.S. House advanced legislation to provide more military funding to Israel as well as Ukraine and Taiwan, with Rep. Cori Bush condemning a committee's refusal to consider an amendment aimed at securing a permanent cease-fire in Gaza.
The legislation passed a procedural hurdle in a vote of 316-94, placing votes for the separate aid packages and a bill calling for more humanitarian assistance to Gaza on the legislative agenda for Saturday.
Bush (D-Mo.) joined progressives including Reps. Ilhan Omar (D-Minn.), Rashida Tlaib (D-Mich.), and Alexandria Ocasio-Cortez (D-N.Y.) in opposing the legislation, with centrist Democratic Rep. James Clyburn of South Carolina also voting with the left-wing faction.
The Missouri Democrat condemned the House Rules Committee's refusal to consider an amendment she submitted along with Tlaib, which called for a lasting cease-fire, a release of all hostages in Israel and Palestine, and "diplomacy to secure self-determination for both Palestinians and Israelis."
"Congress is shamefully choosing a failed approach of fueling genocide rather than saving Palestinian and Israeli lives, releasing the hostages and others arbitrarily detained, and prioritizing peace in the region," said Bush.
The funding package includes $26.4 billion for Israel, purportedly to support "its effort to defend itself against Iran and its proxies" following Iran's retaliatory drone attack on Israel this week—to which Israeli forces responded with a limited attack on Friday.
The new military aid was passed on top of more than 100 weapons transfers the Biden administration has made to Israel since October 7. According to the Council on Foreign Relations, two of the transfers were reviewed by Congress and totaled about $250 million.
"Our country spends billions of tax dollars to maintain this apartheid state and support the continued ethnic cleansing of Palestinians," said Tlaib, the only Palestinian American member of Congress, in a statement on Thursday.
Rep. Becca Balint (D-Vt.) said she was "encouraged" that Democrats in Congress were able to secure more humanitarian aid for Gaza, where dozens of people have starved to death as Israel has blocked nearly the vast majority of aid shipments since October, but said the provisions do not "come close to meeting the desperate needs of the people in Gaza," particularly considering the United States' suspension of funds to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
"Americans will remember this moment," said Balint. "The United States must be firm in demanding a course correction from the Netanyahu government. Without a strong message against more offensive aid, the United States risks signaling support for an expanded offensive in Rafah, for an escalation with Iran, and for continued disregard for Palestinian life."
Omar called the funding package part of the U.S. government's "thinly veiled attempts to escalate an already very dangerous situation."
"What is needed most of all is a sober approach to de-escalation and conflict prevention," said the congresswoman. "Congress should be focused on efforts to de-escalate tensions—not inflame them."
Keep ReadingShow Less
US College Students Demonstrate in Solidarity With Palestinians, Columbia Protesters
"Columbia University made a huge mistake calling the cops on student protesters," said one educator. "It has transformed the activism of hundreds of students into a student movement of thousands."
Apr 19, 2024
Undeterred by Columbia University's sanctioning of a crackdown by the New York Police Department in which at least 108 people were arrested on Thursday for protesting Israel's war on Gaza, dozens of students continued to camp out on the campus' West Lawn Friday as solidarity protests cropped up at other schools across the country.
Students at the University of North Carolina, Chapel Hill (UNC) set up tents at a rally, while the Harvard College Palestine Solidarity Committee announced a walkout to express solidarity with "steadfast Columbia students" and emergency protests were announced at Boston University; Miami University in Oxford, Ohio; and Ohio State University.
"Columbia University made a huge mistake calling the cops on student protesters," said Jairo I. Fúnez-Flores, a faculty member at Texas Tech University. "It has transformed the activism of hundreds of students into a student movement of thousands with millions around the world watching."
National Students for Justice in Palestine, whose Columbia University chapter was shut down late last year after members protested against the institution's investments in Israeli companies and partnership with Tel Aviv University, called on all of its chapters across college campuses to join in solidarity actions.
"The supposed power of these administrators pales in comparison to the combined strength of the students, staff, and faculty committed to realizing justice and upholding Palestinian liberation on campus," said the national group.
At the impromptu rally at UNC, students chanted, "No justice, no peace!"
The solidarity actions came a day after Columbia president Minouche Shafik authorized the police to dismantle an encampment set up by dozens of students. Shafik testified before a Republican-controlled U.S. House committee on Wednesday where the focus was antisemitism on the school's campus, and admitted she has not witnessed anti-Jewish protests at Columbia since Israel began its assault on Gaza last October.
After the students were arrested Thursday, one student Barnard College—which is part of Columbia—posted on social media an email she had received from vice president and dean Leslie Grinage about the suspension of several students.
The students were forced to leave their housing and have had their access to all campus facilities revoked during the suspension.
Several members of the press reported being denied entry to Columbia's campus on Thursday and Friday, prompting the university's journalism school to offer its assistance and reiterate its support for a free press.
Barnaby Raine, an historian earning his Ph.D. at Columbia, urged fellow educators at the Ivy League school to demonstrate solidarity with the student-led protests.
"As my employer, Columbia University, calls armed riot police into campus to smash a peaceful protest against a genocide, we must all speak out," said Raine. "My former students have been arrested. I'm proud of you. History will be too."
Actor, activist, and former New York gubernatorial candidate Cynthia Nixon, who graduated from Barnard, condemned the administrators' response to the protests.
"I am shocked and ashamed that [Barnard] and Columbia are violently crushing the right of students to peacefully protest," said Nixon. "This is not who we are. Both schools must immediately reinstate these students and protect their right to fight for a free Palestine."
Keep ReadingShow Less
Most Popular