January, 14 2021, 11:00pm EDT
EPA Challenged for Shirking Duty to Protect Communities From Lead
Civil rights and environmental groups sue to ensure protections for millions who rely on lead-piped drinking water.
WASHINGTON
Today, a coalition of civil rights and environmental groups represented by Earthjustice sued the EPA for failing to protect children's health and the safety of the drinking water of millions of people. The lawsuit comes as the Environmental Protection Agency (EPA) published the final -- but flawed --Lead and Copper Rule Revisions in the Federal Register.
The lawsuit comes a day after ex-governor Rick Snyder and eight other former Michigan officials were chard for the 2014 Flint water crisis.
The Lead and Copper rule, or LCR, regulates the control and monitoring of lead in drinking water. These revisions dramatically slow down the rate at with lead pipes are required to be replaced. The new rule also allows small public water systems required to replace lead service lines to avoid replacing them altogether, even if those systems continually exceed the lead action level.
The NAACP, United Parents Against Lead, Newburgh Clean Water Project, and the Sierra Club are the groups challenging the revised rule. They are calling on the Biden administration to immediately start a new rulemaking process that follows the law, science and principles of environmental justice. The Natural Resources Defense Council filed a similar but separate lawsuit.
"These revisions ensure that generations of children will continue to be poisoned by lead-tainted water," said Queen Zakia Shabazz, executive director of United Parents Against Lead, a nonprofit from Richmond, Virginia. "Lead poisoned children grow up to be lead poisoned adults. It's past time for the EPA to revise the Lead and Copper Rule in favor of children's health and stop childhood lead poisoning once and for all."
Most of the lead found in drinking water comes from lead service lines, according to the EPA. Lead service lines naturally corrode when water flows through them. EPA estimates there are as many as 10 million lead service lines in the country, and researchers estimate lead pipes serve as many as 22 million people. Communities of color are disproportionately affected. A study by the Centers for Disease Control and Prevention found that 11.2 percent of African American children and 4 percent of Mexican American children are poisoned by lead.
Still, EPA's new lead rule requires water systems to replace only three percent of lead service lines annually after certain lead action level exceedances, in contrast to the seven percent rate in the former rule.
"This rule is a major disappointment," said Suzanne Novak, Earthjustice attorney. "Communities exposed to dangerous levels of lead in water expected the new rule to focus on removing lead pipes from the ground, the actual remedy to keep families safe. Instead, the new rule took a huge step backwards by slowing down the replacement rate of lead service lines. The Trump administration is failing the country once again, this time as it walks out the door. Children will continue to be poisoned, with no end in sight."
There is no safe level of lead exposure for children, according to the Centers for Disease Control and Prevention. Even in small amounts, lead can cause irreversible brain damage in children, learning disabilities, and impaired hearing.
"EPA had the opportunity to instate a lead rule that would truly protect families, especially children. Instead, it's putting our most vulnerable at risk, exposing them to serious irreversible brain and nervous system development issues, and potentially life-long learning and behavioral challenges," says Gabrielle Hill of the Newburgh Clean Water Project, a Hudson Valley New York community organization. "EPA must act on the health data and take appropriate action to protect the future of communities like ours, which have experienced multiple toxic exposures."
"Lead in water is still a major problem for families and their children all over the country. Yet EPA today finalized a lead rule that doctors and scientists say falls short," said Dalal Aboulhosn, Sierra Club Deputy Director of Policy Advocacy and Legal. "If this EPA is serious about stopping children from drinking lead-tainted water, then it can't slow down the rate at which lead pipes are required to be replaced."
Groups say the Biden administration must hold required public hearings in affected communities; and put out a rule that includes a maximum contaminant level for lead, monitor and control for lead using best scientific practices, publicize the constant risk of exposure to lead in water and the limitations of the LCR, and require the expedited removal of all lead service lines across the country. They are also calling on Congress to prioritize full lead service line replacement by water utilities in infrastructure packages and other legislation to ensure that disadvantaged, low-income communities don't foot the bill for contaminated water.
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
'Shameful': Columbia Greenlights Police Crackdown on Anti-War Encampment
Even after dozens of students were arrested, hundreds "rushed to take the place of their classmates" and continued the protest.
Apr 18, 2024
The arrests of dozens of Columbia University and Barnard College students on Thursday "galvanized" other supporters of Palestinian rights on the campuses, as hundreds of students occupied the school's western lawn after New York City police filled at least two buses with protesters who had been detained for setting up an encampment.
"Disclose, divest, we will not stop, we will not rest," chanted hundreds of students as they marched around the area where organizers had set up a tent encampment early Wednesday morning.
Columbia President Minouche Shafik informed the campus community on Thursday that she had authorized the police to clear the encampment.
As it has been in the past, the school has become a center of anti-war protests—and crackdowns by school officials and the police—since Israel began its bombardment of Gaza in October.
Pro-Palestinian students and alumni have demanded that Columbia divest from companies that profit from Israel's apartheid policies in the occupied Palestinian territories and cancel its dual degree program with Tel Aviv University.
In response to pro-Palestinian demonstrations, Columbia in November suspended the campus chapters of Jewish Voice for Peace and Students for Justice in Palestine—an action that pushed the New York Civil Liberties Union and Palestine Legal to file a lawsuit on behalf of the students last month.
On Thursday, police and Columbia employees took down about 50 tents that had been up for more than a day and disposed of them in trash cans and alleyways—but The New York Times reported later that "demonstrators repitched a couple of tents, and ... recovered the main signage from the encampment as well," while hundreds of students were "still gathered and chanting on the south side of the grass."
The arrests came a day after Shafik testified before the U.S. House Committee on Education and the Workforce about antisemitism on campus.
U.S. Rep. Ilhan Omar (D-Minn.), whose daughter, Isra Hirsi, was among the Barnard students who were suspended on Thursday for participating in the encampment protest, questioned Shafik about whether antisemitic protests have actually taken place at Columbia, prompting the president to say there have not.
"There has been a rise in targeting and harassment against anti-war protesters, because it's been pro-war and anti-war protesters is what it seems, like, correct?" asked Omar.
"Correct," replied Shafik.
On Thursday, Omar posted on social media two images of protesters at Columbia: one from the encampment this week, and one from 1968, when students protested the U.S. war in Vietnam.
New York City Council member Tiffany Cabán was among those who condemned the university's crackdown on the protests on Thursday.
"Suspending and arresting Columbia/Barnard student activists and disbanding student organizations—including Jewish students and organizations—doesn't combat antisemitism or increase safety," said Cabán. "All it does is punish and intimidate those who believe in human rights for Palestinians. Shameful."
Keep ReadingShow Less
'The Pressure Is Working': Biden Weighs Climate Emergency Declaration
Campaigners urged the president to "keep listening to the millions of young, people of color, and working-class voters who are demanding climate policy that meets the moment."
Apr 18, 2024
The youth-led Sunrise Movement on Thursday celebrated Bloombergreporting that "White House officials have renewed discussions about potentially declaring a national climate emergency."
The Wednesday revelation came just two days after six young activists were arrested outside Vice President Kamala Harris' Los Angeles, California home to increase pressure on the Biden administration to make such a declaration, which would unlock various federal powers to combat the fossil fuel-driven global crisis.
According to Bloomberg:
Top advisers to President Joe Biden have recently resumed talks about the merits of such a move, which could be used to curtail crude exports, suspend offshore drilling, and curb greenhouse gas emissions, according to people familiar with the matter who asked not to be named because a final decision has not been made.
White House advisers are divided over the idea of declaring a climate emergency, with some saying it wouldn't provide Biden with enough newfound authority to make substantial changes, the people said. Others, however, argue such an announcement would galvanize climate-minded voters.
"The pressure is working. Let's keep it up," Sunrise said on social media, highlighting some of what Biden—who claimed last year that "practically speaking," he had already declared a national climate emergency—could do with a real declaration.
Sunrise wasn't alone in welcoming the news. The Center for Popular Democracy (CPD) Action said that "we've BEEN calling for a climate emergency!! Now, the White House is considering declaring one."
The group urged Biden to "keep listening to the millions of young, people of color, and working-class voters who are demanding climate policy that meets the moment."
As Biden and Harris have campaigned for reelection in November—when they are expected to face former Republican President Donald Trump, whose plan for the planet is "drill, baby, drill"—the Democrats have encountered intense pressure from campaigners including members of CPD and Sunrise to step up their climate actions.
"I'm on the frontlines raising my voice for my Black and Latine families and friends, because I know that we deserve to have affordable housing and healthcare, we deserve an administration who will fight for us, but instead of declaring a climate emergency, we are seeing Biden and Harris expand oil and gas production to record levels," 18-year-old Ariela Lara, who was arrested at Harris' house, said Monday.
Climate campaigners have praised the Biden administration for parts of the Inflation Reduction Act and a recent pause on liquefied natural gas exports but blasted the president for skipping last year's United Nations summit, continuing fossil fuel lease sales, and enabling the Mountain Valley Pipeline, Willow oil project, and construction of the nation's largest offshore oil terminal.
Keep ReadingShow Less
Blinken Hasn't Ended Aid for Israeli Military Units Tied to Killings, Rapes
"Blinken continues a very long American tradition of very selective enforcement of human rights laws," said one critic.
Apr 18, 2024
Amid global condemnation of Israel's assault on the Gaza Strip and the Biden administration's complicity, ProPublicarevealed Wednesday that U.S. Secretary of State Antony Blinken has for months ignored staff recommendations to cut off American aid to Israeli military and police units accused of human rights violations including killings and rapes.
"The incidents under review mostly took place in the West Bank and occurred before Hamas' October 7 attack on Israel," which was the catalyst for the current Israeli escalation in Gaza, reported ProPublica's Brett Murphy. "They include reports of extrajudicial killings by the Israeli Border Police; an incident in which a battalion gagged, handcuffed, and left an elderly Palestinian American man for dead; and an allegation that interrogators tortured and raped a teenager who had been accused of throwing rocks and Molotov cocktails."
Murphy obtained government documents and emails and spoke with current and former U.S. State Department officials, who said the recommendations from the Israel Leahy Vetting Forum—named for former Sen. Patrick Leahy (D-Vt.), who authored laws restricting aid to human rights abuses—were sent to Blinken in December and "they've been sitting in his briefcase since then."
While U.S. President Joe Biden has gradually increased his criticism of Israeli forces killing civilians in Gaza, "multiple State Department officials who have worked on Israeli relations said that Blinken's inaction has undermined Biden's public criticism, sending a message to the Israelis that the administration was not willing to take serious steps," Murphy wrote.
The Israeli government did not respond to the reporter's request for comment, but a U.S. State Department spokesperson did. "This process is one that demands a careful and full review," the American representative said, "and the department undergoes a fact-specific investigation applying the same standards and procedures regardless of the country in question."
Global critics have long accused the U.S. government of giving Israel special treatment while Israeli officials and troops subject Palestinians to apartheid, ethnic cleansing, occupation, settler colonization, and now "plausibly" genocide, according to the International Court of Justice. Since October, the Israel Defense Forces (IDF) have killed at least 33,970 people in Gaza.
The reporting sparked a fresh wave of outrage. The U.S. Campaign for Palestinian Rights declared that "this is how Antony Blinken will go down in history: for enabling Israel to commit the gravest of war crimes with U.S. tax dollars."
Alex Kingsbury, a member of The New York Times editorial board, noted that "Blinken continues a very long American tradition of very selective enforcement of human rights laws," while Brandon Friedman, a former Obama administration official, said that "this would be a career ender for a normal Cabinet secretary under normal circumstances."
Democracy for the Arab World Now "submitted Leahy sanctions requests for two of the Israeli units that Antony Blinken has putzed and punted on, in breach of U.S. law, despite clear evidence of despicable abuses—[including] torture, executions, and even murder of an American," according to executive director Sarah Leah Whitson. "But Antony Blinken insists on special privileges and exemptions for Israel, refusing to hold it accountable, U.S. law be damned."
@StateDept In 2023, we documented Israel counter-terrorism YAMAM unit\u2019s abuses, including two extrajudicial killings & two indiscriminate and reckless killings, including of a child in Jenin in March 2023, constituting gross violations of human rights under Leahy Law & war crimes under Rome\u2026— (@)
The Council on American-Islamic Relations' Robert S. McCaw said in a statement that "despite these internal report State Department reports detailing egregious human rights abuses by the Israeli government, including allegations of rape and torturing children in the West Bank, Secretary Blinken has ignored his own staff and continued to greenlight weapon shipments to the responsible Israeli military and police units."
"The glaring disconnect between the gravity of the accusations and his refusal to act on them is deeply disturbing," McCaw added. "Secretary Blinken must halt any further weapons transfers that the Israeli government will use to commit more human rights violations."
Human rights attorney Qasim Rashid pointed out that in contrast with how the Biden administration has treated Israel, the U.S. government pulled funding from the United Nations Relief and Works Agency for Palestine Refugees in the Near East—as Palestinians in Gaza starve to death—over the "mere allegation" that a small number of staff were involved with Hamas.
"If we had been applying Leahy effectively in Israel like we do in other countries, maybe you wouldn't have the IDF filming TikToks of their war crimes now because we have contributed to a culture of impunity," Josh Paul, a former director in the State Department's Bureau of Political-Military Affairs and a member of the forum who resigned in protest in October, told Murphy.
Another State Department official, Annelle Sheline, stepped down late last month as a foreign affairs officer at the Office of Near Eastern Affairs in the Bureau of Democracy, Human Rights, and Labor. She said that with the U.S. government continuing to arm Israel as it devastates Gaza, "trying to advocate for human rights just became impossible."
Sheline's resignation came just days after the Biden administration accepted Israeli government assurances that its use of U.S.-supplied weapons complies with international law—which human rights advocates and officials worldwide, including some congressional Democrats, have challenged over the past few weeks.
Over two dozen Democrats wrote Wednesday to Blinken and two other top officials that "we remain concerned by the stark differences and gaps in the statements being made by the State Department and White House on how Israel has not been found to be in violation of international humanitarian law, either when it comes to the conduct of the war or when it comes to the provision of humanitarian assistance, which are contradictory to those made by prominent experts and global institutions."
Keep ReadingShow Less
Most Popular