December, 18 2019, 11:00pm EDT
Trump's EPA Revoked Chemical Disaster Prevention Rules. Now Groups Are Suing
Communities in chemical danger zones fight back against EPA’s latest attack on public health.
WASHINGTON
Today, a coalition of thirteen organizations represented by Earthjustice sued the Trump administration for the unlawful gutting of the Chemical Disaster Rule, a suite of disaster prevention measures developed by the Environmental Protection Agency in the wake of several deadly explosions and major chemical releases. Advocates across the country have been fighting for years to obtain these protections, which are now being eliminated despite mounting evidence of the danger communities face from chemical disasters.
EPA put the Chemical Disaster Rule in place to strengthen chemical plants' prevention and preparedness requirements for explosions and other catastrophes, ensure better and more frequent coordination with first responders, and bolster community access to information about the chemical hazards they live next to. But since entering office, the Trump administration has sought to repeal, stall or weaken these protections. The administration illegally delayed the rule for more than a year -- a move that was struck down in court thanks to a lawsuit Earthjustice litigated. Now EPA has "amended" the rule to eliminate virtually all disaster-prevention measures it established and weaken many other protections.
"By killing these critical protections, millions of people living near chemical facilities in the United States are put in harm's way. We are fighting for the lives and safety of our families and workers. Our lives are more valuable than the bottom line of a few chemical barons," said the coalition defending the rule.
When developing the rule, EPA determined that prior protections failed to prevent over 2,200 chemical fires, explosions, leaks, and similar incidents during a 10-year period, including over 100 per year that caused injuries. EPA also said the Chemical Disaster Rule's protections are needed to save the lives of workers, first-responders, and fence line community residents.
"The EPA's rollback of life-saving components of the Chemical Disaster Rule is not just unlawful, it is irresponsible," said Earthjustice attorney Emma Cheuse. "Instead, EPA should do its job and ensure that chemical companies do everything in their power to keep surrounding communities safe, and avoid a worst-case scenario. Now that Trump's EPA has decided to try again to gut these protections, and put chemical companies' preferences over the safety of children in danger zones, we have no choice but to go to court."
The lawsuit comes just weeks after a chemical plant exploded in Port Neches, Texas, displacing some 50,000 people and injuring eight others as the fire sent toxic plumes of 1,3-butadiene and other carcinogens into the air. This facility is covered by the current Chemical Disaster Rule. Without the Chemical Disaster Rule, this plant won't have to conduct an assessment of safer alternatives for the plants' operations, be subject to an independent safety audit, apply lessons learned from this incident to prevent future problems, or even train all supervisors responsible for managing dangerous chemical processes. Contrary to EPA's justification for repealing these safety rules, prior enforcement at this very facility under the pre-existing regulatory framework failed to prevent this disaster which made children miss school, and continued to require shelter-in-place a week after the incident to try to reduce toxic exposure.
Nearly 180 million Americans live in the worst-case scenario zones for a chemical disaster. At least one in three children go to a school near a hazardous chemical facility. About 12,500 industrial facilities nationwide use, store, or manage highly hazardous chemicals that the Chemical Disaster Rule covers. EPA's new attack on the Chemical Disaster Rule comes some two years after EPA illegally suspended the rule to try to prevent it from taking effect. Following a lawsuit in which Earthjustice represented communities from around the country affected by chemical disasters, and in which the United Steelworkers Union and eleven states also participated, a federal court reinstated the rule and said EPA's suspension made "a mockery of the statute." EPA did not appeal that ruling.
Earthjustice is representing Union of Concerned Scientists, Environmental Integrity Project, Sierra Club, Coalition For A Safe Environment (Wilmington, CA), California Communities Against Toxics, Del Amo Action Committee, Louisiana Bucket Brigade, Air Alliance Houston, Community In-Power & Development Association (Port Arthur, TX), Texas Environmental Justice Advocacy Services, Clean Air Council (Philadelphia, PA), Utah Physicians for a Healthy Environment, and Ohio Valley Environmental Coalition (West Virginia).
To learn more about what happened when the rule was illegally suspended click here. To read this coalition's comments on the proposed rollback rule, click here.
To view this press release on our website, click here.
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
'Just the Beginning': 50+ Arrested for Blockading Citigroup Bank Over Climate Crimes
"Through people-powered resistance, we can give money a conscience and stop Citi's destruction of our planet," said one Indigenous campaigner.
Apr 25, 2024
Twenty more demonstrators were arrested Thursday, the second day of Earth Week protests targeting Citigroup's Manhattan headquarters in what organizers called "the beginning of a wave of direct actions to take place over the summer targeting big banks for creating climate chaos that is killing our communities and our planet."
Protest organizers—who include Climate Defenders, New York Communities for Change, Planet over Profit, and Stop the Money Pipeline—said 53 activists were arrested over two days of demonstrations, which included blocking the entrance to Citigroup's headquarters, to "demand that the bank stop funding fossil fuels."
Organizers said this week's demonstrations "were just the beginning" of what they're calling a "Summer of Heat" targeting big banks for their role in the climate emergency and for "polluting our land, air, and water, and threatening the health of children, families, and our planet." Citigroup is the world's second-largest fossil fuel financier.
"We're holding Citi accountable for financing dirty fossil fuels from Canada to Latin America and beyond," said Chief Na'moks of the Wet'suwet'en Nation, one of several Indigenous leaders who took part in the action. "Through people-powered resistance, we can give money a conscience and stop Citi's destruction of our planet."
Jonathan Westin, executive director of Climate Defenders, asserted that "Citigroup's racist funding of oil, coal, and gas is creating climate chaos that's devastating communities of color across the country."
"We're taking action to tell Citi that we won't put up with their environmental racism for one more day," Westin continued. "Our communities have reached the boiling point. Our children have asthma, our city's sky was orange, and our air polluted because of the climate crisis caused by Citi and Wall Street."
"We're going to keep organizing and taking direct action until Citi listens to us," he vowed.
Stop the Money Pipeline co-director Alec Connon said: "To have any chance of reigning in the climate crisis, we must stop investing in fossil fuel expansion. Yet, Citibank is pumping billions of dollars into new coal, oil, and gas projects."
"We're here to make it clear: If they're going to fund the companies disrupting our climate and our lives, we're going to disrupt their business," Connon added.
Activists have repeatedly targeted Citigroup in recent years as the megabank has pumped more than $300 billion into fossil fuel investments around the world since the Paris climate agreement.
According to the protest organizers:
Citi has provided $668 million in funding to Formosa Plastics between 2001-2021, which is trying to build a $9.4 billion plastics facility in a majority Black community in the heart of Cancer Alley in Louisiana.
Citigroup is also one of the biggest funders of state-run oil and gas companies in the Amazon basin, pumping in over $40 billion between 2016-2020, and a major backer of Petroperú, which has been involved in oil spills and Indigenous rights violations.
"From wildfires, heatwaves, and floods to deadly air pollution and mass drought, Citi's fossil fuel financing is killing us," said Alice Hu of New York Communities for Change. "We've sent polite petitions and had pleading meetings with bank representatives, but Citi refuses to stop pouring billions each year into coal, oil, and gas."
"That's why we're fighting for our lives now with the best tool we have left: mass, nonviolent disruptive civil disobedience," Hu added.
Keep ReadingShow Less
No Outside Probe, US Reiterates as Gazans Reportedly Buried Alive in Mass Grave
"How does it ever make sense that the United States asks the accused party to examine itself?" asked one incredulous reporter.
Apr 25, 2024
A Biden administration spokesperson once again brushed off calls for an independent investigation into how hundreds of Palestinians found in mass graves near Gaza hospitals died when asked Thursday about new reports that many of the victims were tortured, summarily executed—and in some cases, buried alive by Israeli invaders.
During a Thursday U.S. State Department press conference in Washington, D.C., a reporter noted Gaza officials' claim that mass grave victims "including children were tortured before being killed" and that "some even showed signs of being buried alive, along with other crimes against humanity."
"What's wrong with an independent, scientific, forensic investigation?"
Noting calls by Palestinian officials and United Nations High Commissioner for Human Rights Volker Türk for an independent probe into mass graves, the reporter said that "this administration repeatedly said that it asks... the Israeli government to investigate itself."
"How does it ever make sense that the United States asks the accused party to examine itself and provide reports that you have previously said that you actually trust?" the reporter asked State Department Principal Deputy Spokesperson Vedant Patel. "What's wrong with an independent, scientific, forensic investigation?"
Patel replied: "We continue to find these reports incredibly troubling. And that's why yesterday you saw the national security adviser for this to be thoroughly investigated."
While National Security Adviser Jake Sullivan on Wednesday called reports of mass grave atrocities "deeply disturbing" and said that "we want answers" from Israel, he did not call for an independent investigation.
When the reporter pressed Patel on the legitimacy of asking Israel to investigate itself, Patel said, "we believe that through a thorough investigation we can get some additional answers."
Thursday's exchange followed a similar back-and-forth on Tuesday between Patel and Said Arikat, a journalist for the Jerusalem-based
Palestinian news outlet al-Quds who asked about the mass graves.
At least 392 bodies—including numerous women and children—have been found in mass graves outside Nasser Hospital in Khan Younis, southern Gaza, where Palestinian Civil Defense and other workers have been exhuming victims for nearly a week. Officials believe there are as many as 700 bodies in three separate mass graves.
Based on more recent exhumations, local Civil Defense chief Yamen Abu Sulaiman said during a Wednesday press conference that "we believe that the occupation buried alive at least 20 people at the Nasser Medical Complex."
"There are cases of field execution of some patients while undergoing surgeries and wearing surgical gowns," he stated, adding that some victims showed signs of torture and 10 bodies had medical tubes attached to them.
Gaza Civil Defense official Mohammed Mughier told reporters that "we need forensic examination" to definitively determine the causes of death for the 20 people believed to have been buried alive.
Previous reporting on the mass graves quoted rescue workers who said they found people who were apparently executed while their hands were bound, with some victims missing heads, skin, and internal organs.
Other mass graves have been found in Gaza, most notably on the grounds of al-Shifa Hospital, where Israeli forces last month committed what the Geneva-based Euro-Mediterranean Human Rights Monitor called "one of the largest massacres in Palestinian history."
It's also not the first time there have been reports of Israeli troops burying victims alive during the current war, in which Palestinian and international officials say Israeli forces have killed or wounded more than 122,000 Gazans, including at least 11,000 people who are missing and feared dead. Israeli forces attacking Kamal Adwan Hospital in Beit Lahia last December reportedly bulldozed and buried alive dozens of injured patients and displaced people.
Keep ReadingShow Less
Columbia Students File Civil Rights Complaint After Arrests, National Guard Threat
"The violent repression we're facing as peaceful anti-war protesters is appalling."
Apr 25, 2024
A day after Columbia University officials warned it may call on the National Guard to remove nonviolent student protesters who have been occupying campus lawns since last week in solidarity with Gaza, advocacy group Palestine Legal on Thursday filed a federal civil rights complaint demanding an investigation into the school's "discriminatory treatment of Palestinian students and their allies."
The school discriminated against pro-Palestinian protesters last week when President Minouche Shafik summoned New York Police Department officers in riot gear to arrest more than 100 students, said Palestine Legal.
The complaint details how the escalation against students, who have set up an encampment on campus to demand Columbia divest from companies that work with the Israeli government and to support calls for a cease-fire in Gaza, is part of a monthslong pattern of the university's targeting of pro-Palestinian students.
According to Palestine Legal, students of all backgrounds who have demanded an end to Israel's U.S.-backed massacre of Palestinians in Gaza "have been the target of extreme anti-Palestinian, anti-Arab, and Islamophobic harassment, including receiving multiple death threats, being harassed for wearing keffiyehs or hijab, doxxed, stereotyped, being treated differently by high-ranking administrators including... Shafik, an attack with a chemical agent that led to at least 10 students requiring hospitalization and dozens of others, including a Palestinian student, seeking medical attention, and more."
Columbia student Maryam Alwan, who Palestine Legal is representing in the complaint to the U.S. Department of Education's Office for Civil Rights, said the university has "utterly failed to protect [her] from racism and abuse."
"Beyond that, the university has also played a role in this repression by having me arrested and suspended for peacefully protesting Israel's genocide in Gaza," said Alwan. "The violent repression we're facing as peaceful anti-war protesters is appalling. Palestinian students at Columbia deserve justice and accountability, not only for Israel's decadeslong oppression and violence against our people, but for the racism and discrimination we've experienced here on Columbia's campus."
Palestine Legal is representing four students in the case, as well as Columbia Students for Justice in Palestine, which was suspended from the campus late last year after holding anti-war protests.
The group called Columbia's threat to call in the National Guard "gravely concerning."
"Columbia's vicious crackdown on student protests calling for Palestinian freedom amidst an ongoing genocide should alarm us all. Students have always been at the forefront of the most pressing social issues of the day," said Palestine Legal staff attorney Sabiya Ahamed.
College campuses have been the sites of frequent pro-Palestinian protests since October, and the NYPD's crackdown on Columbia students last week galvanized students at universities across the country.
The Biden administration has said little about the student demonstrations, but President Joe Biden referred to them broadly as "antisemitic protests" this week.
"We urge federal civil rights officials to do what Columbia has disgracefully failed to," said Ahamed. "Ensure the rights of Palestinian and allied students are protected at a moment when their voices are most essential."
Keep ReadingShow Less
Most Popular