Category Archives: Justice

Snyder lied: the reason for poisoning people of Flint was NOT money

Michael Moore on Snyder & Flint Water Crisis
Source: MSNBC report via YouTube
Detroit went to great lengths to remain the water supplies of Flint Michigan, offering them reduction upon reduction. In the end, it would have cost Flint 20% less to remain with Detroit Water and Sewerage Department (DWSD) than it did to take the deal of Karegnondi Water Authority, which lead to the poisoning of the people of Detroit.

The switch was made at the direction of an Emergency City Manager appointed by Gov. Rick Snyder.

Motor City Muckraker reports:

A high-ranking DWSD official told us today that Detroit offered a 50% reduction over what Flint had been paying Detroit. In fact, documents show that DWSD made at least six proposals to Flint, saying “the KWA pipeline can only be attributed to a ‘political’ objective that has nothing to do with the delivery – or the price – of water.”

The offer by DWSD raises serious questions about whether Gov. Rick Snyder was lying when he insisted the water switch was motivated by saving money for Flint, which was under the control of a state emergency manager.

“When compared over the 30 year horizon the DWSD proposal saves $800 million dollars or said differently – saves 20% over the KWA proposal,” then-DWSD Director Sue McCormick said in the e-mail dated April 15, 2013.

Flint native and filmmaker Michael Moore has been on the ground for a couple of weeks, looking into what happened and what can be done to help the good people of the city.

DOJ Files Complaint Against Volkswagen, Audi, Porsche for Clean Air Act Violations

EPA actions against VW
Source: EPA website

Find out if your vehicle is affected and what to expect.

WASHINGTON – The U.S. Department of Justice, on behalf of the U.S. Environmental Protection Agency, today filed a civil complaint in federal court in Detroit, Michigan against Volkswagen AG, Audi AG, Volkswagen Group of America, Inc., Volkswagen Group of America Chattanooga Operations, LLC, Porsche AG, and Porsche Cars North America, Inc. (collectively referred to as Volkswagen). The complaint alleges that nearly 600,000 diesel engine vehicles had illegal defeat devices installed that impair their emission control systems and cause emissions to exceed EPA’s standards, resulting in harmful air pollution. The complaint further alleges that Volkswagen violated the Clean Air Act by selling, introducing into commerce, or importing into the United States motor vehicles that are designed differently from what Volkswagen had stated in applications for certification to EPA and the California Air Resources Board (CARB).

“With today’s filing, we take an important step to protect public health by seeking to hold Volkswagen accountable for any unlawful air pollution, setting us on a path to resolution,” said Cynthia Giles, assistant administrator for enforcement and compliance assurance at EPA. “So far, recall discussions with the company have not produced an acceptable way forward. These discussions will continue in parallel with the federal court action.”

“Car manufacturers that fail to properly certify their cars and that defeat emission control systems breach the public trust, endanger public health and disadvantage competitors,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “The United States will pursue all appropriate remedies against Volkswagen to redress the violations of our nation’s clean air laws alleged in the complaint.”

“VW’s illegal defeat devices have resulted in thousands of tons of excess NOx emissions in California, a state where more than 12 million people live in areas that exceed air quality standards set to protect public health,” said CARB Chair Mary D. Nichols. “The California Air Resources Board is fully coordinating its investigation with the federal EPA and DOJ to address the environmental harm VW has caused.”

Consistent with EPA’s Notices of Violation, issued on September 18, 2015 for 2.0 liter engines, and November 2, 2015 for certain 3.0 liter engines, the complaint alleges that the defeat devices cause emissions to exceed EPA’s standards during normal driving conditions. The Clean Air Act requires vehicle manufacturers to certify to EPA that their products will meet applicable federal emission standards to control air pollution. Motor vehicles equipped with illegal defeat devices cannot be certified.

The complaint alleges that Volkswagen equipped certain 2.0 liter vehicles with software that detects when the car is being tested for compliance with EPA emissions standards and turns on full emissions controls only during that testing process. During normal driving situations the effectiveness of the emissions control devices is greatly reduced. This results in cars that meet emissions standards in the laboratory and at the test site, but during normal on-road driving emit oxides of nitrogen (NOx) at levels up to 40 times the EPA compliance level. In total, the complaint covers approximately 499,000 2.0 liter diesel vehicles sold in the United States since the 2009 model year.

The complaint further alleges that Volkswagen also equipped certain 3.0 liter vehicles with software that senses when the vehicle is undergoing federal emissions testing. When the vehicle senses the test procedure, it operates in a “temperature conditioning” mode and meets emissions standards. At all other times, including during normal vehicle operation, the vehicles operate in a “normal mode” that permits NOx emissions of up to nine times the federal standard. In total, the complaint covers approximately 85,000 3.0 liter diesel vehicles sold in the United States since the 2009 model year.

NOx pollution contributes to harmful ground-level ozone and fine particulate matter. These pollutants are linked with asthma and other serious respiratory illnesses. Exposure to ozone and particulate matter is also associated with premature death due to respiratory-related or cardiovascular-related effects. Children, the elderly, and people with pre-existing respiratory disease are particularly at risk of health effects from exposure to these pollutants. Recent studies indicate that the direct health effects of NOx are worse than previously understood, including respiratory problems, damage to lung tissue, and premature death.

Today’s filing of a civil complaint under Sections 204 and 205 of the Clean Air Act seeks injunctive relief and the assessment of civil penalties. A civil complaint does not preclude the government from seeking other legal remedies. The United States will seek to transfer its case and fully participate in the pretrial proceedings now initiated in the related multi-district litigation in the Northern District of California. The United States’ investigation is ongoing, in close coordination with CARB. EPA and CARB have been in active discussion with Volkswagen about potential remedies and recalls to address the noncompliance, and those discussions are ongoing.

Affected 2.0 liter diesel models and model years include:

Jetta (2009-2015)
Jetta Sportwagen (2009-2014)
Beetle (2013-2015)
Beetle Convertible (2013-2015)
Audi A3 (2010-2015)
Golf (2010-2015)
Golf Sportwagen (2015)
Passat (2012-2015)

Affected 3.0 liter diesel models and model years include:

Volkswagen Touareg (2009-2016)
Porsche Cayenne (2013-2016)
Audi A6 Quattro (2014-2016)
Audi A7 Quattro (2014-2016)
Audi A8 (2014 – 2016)
Audi A8L (2014-2016)
Audi Q5 (2014-2016)
Audi Q7 (2009-2015)

More at Mother Jones

Information about EPA actions on Volkswagen at epa.gov/vw

People of Flint are being poisoned by City Manager and Michigan’s Gov. Snyder

Virginia Tech professor Marc Edwards shows Flint water quality Source: Flint Journal via Michigan Live
Virginia Tech professor Marc Edwards shows Flint water quality Source: Flint Journal via Michigan Live
Flint, Michigan has followed in *Detroit’s footsteps, attacking residents’ access to one of the two most important elements required for living: clean water (the other is air). Two city managers appointed by Gov. Snyder colluded to deprive 100,000 people of access to Great Lakes water via the Detroit Water Authority by switching to the Flint River, a salty source which has caused pipe corrosion and has resulted in lead poisoning in young children and health issues across the general population. The Ford factory also soon learned that Flint River water was ruining its equipment:

One of the most telling moments in this saga was when General Motors disconnected from the Flint River because the water was ruining its machinery, leaving some to wonder — if it was doing that to machines, what was it doing to humans?

On the Dr Boyce Watkins show, Roosevelt Mitchell III and Vanessa Lynn discuss the horrific situation Flint is confronting and residents’ hopes that the federal government will step in with a solution to this crisis.

ABC News reported in October 2015

…the Genesee County health department declared a public health emergency, recommending that people not drink the water unless it has been filtered and tested to rule out elevated levels of lead. More steps will be announced Friday.

County Commissioner Brenda Clack told residents that infants and children should not use the water coming from the taps in the city of Flint.

“Individuals who have respiratory conditions should not use the water, pregnant women should not use the water – it’s imperative that they not use the water,” she urged.

However, it is unclear what people were expected to drink and cook with. Early on, FEMA stepped in to provide some bottled water – but only a few thousand liters … General Motors and local non-profits donated to buy filters – but only for 5,000 residents. It remains unclear today how close the city government has come to fulfilling the promise made in October to provide filters for all homes and businesses, and when a source of clean water will be available again.

The Flint Water Board allowed the switch to be made without requiring adequate testing to ensure that residents’ health would not be compromised.

Added later in the day: Detroit Free Press reports that Gov. Snyder, in a move calculated to shift the blame away from himself, called for the resignation of Michigan Department of Environmental Quality Director Dan Wyant, which was tendered today.

*In April 2015, the City of Detroit began shutting off the water for 40% of the city’s residents after giving 10 days’ advance notice.

What if it’s a hoax and we create a better world for nothing?

what if we create a better world for nothing
Credit: Editorial cartoon by Joel Pett – displayed at ClimateActionReserve.org

A Joel Pett character asks a bonafide good question on Climate Change: “What if it’s a big hoax and we create a better world for nothing?”

See more of Pulitzer prize winner Joel Pett’s environmental cartoons at Climate Action Reserve. Thanks Samantha Tang for the fun share.

About the webinar: What is Energy Democracy and Why Does It Matter?

Denise Fairchild
Source: Webinar Archive of What is Energy Democracy and Why Does It Matter?
Streamed live on Nov 12, 2015
Featuring:
Janet Redman, Institute for Policy Studies (moderator)
Denise Fairchild, Emerald Cities Collaborative
Meghan Zaldivar, PUSH Buffalo
Miya Yoshitani, Asian Pacific Environmental Network

As the climate crisis heats up, and its impacts on the economy and people’s lives become more pronounced, concerned people everywhere are looking for new alternatives. Energy democracy seeks to replace the current corporate fossil-fuel economy with one that puts racial, social, and economic justice at the forefront of the transition to a 100% renewable energy future.

By energy democracy we mean bringing energy resources under public or community ownership and/or control, a key aspect of the struggle for climate justice and an essential step toward building a more just, equitable, sustainable, and resilient economy.

We’ve invited key energy democracy leaders to kick-start a conversation on why energy democracy is so important.

Here’s the webinar archive:

Raise your voice against Great Adventure destroying 18,000+ trees instead of putting solar on its parking lot

Jim Florio opposes great adventure forest destruction
Former Gov. Jim Florio opposes Great Adventure’s forest destruction plan. Photo credit: Jennifer Peacock
Great Adventure has 100 acres of parking lots sitting out reflecting sunlight all year round helping to increase global warming. The perfect place for solar panels, as Clean Water Action NJ points out: “Green energy and shade for cars and people.” So why is the Texas based company planning instead to demolish 70 acres of 18,000 plus full-growth trees for its solar farm?

In May, the Department of Environmental Protection offered to buy the forest with Green Acres dollars for the state’s open space inventory, but the entertainment company wasn’t swayed. NJ Spotlight quotes assistant DEP commissioner Richard Boornazian, who wrote in a letter to Six Flags,

“We oppose large solar projects that damage or destroy previously undisturbed resources, such as the project you proposed … Such projects are entirely inconsistent with our mission and with our guidance for solar siting.”

100 Jackson, NJ residents residents turned out at a town hearing few days ago to ask why the forest destruction is still being considered. Help by raising your voice too! As CWANJ’s director writes in an email,

There will be another hearing and much more. You don’t have to be from Jackson to be involved…anyone can attend and speak at the hearings, write letters and (spread the word through) social media.

Governor Jim Florio cautions,

“The reputational risk for the company,” Gov. Florio added, “is very high. The whole idea of a facility that caters to young people, children, and doing the things that they’re doing and having the negative impact climate-change-wise is something that will not resonate well with the young people.”

Start by signing the petition.

To get special updates on the campaign, email Director David Pringle and follow CWANJ on Facebook or Twitter.

Elon Musk’s SolarCity used cheap prison labor to fulfill state funded contract

Chain Gang Street Sweepers
Source: Wikipedia. Chain gang street sweepers, Washington, DC 1909
Grist reports that under the pretense of enhancing the Oregon economy with good paying jobs, SolarCity used prison labor to fulfill contracts to put solar panels on two universities. The workers were paid under $1.00 an hour and the contracts were funded with government dollars:

For SolarCity, the contract also looked like a win. Under a lucrative state program, the Oregon Department of Energy doled out $11.8 million in tax credits for the $27 million project. (SolarCity would not confirm the amount of the tax breaks despite repeated requests.) Those generous tax incentives — part of the Business Energy Tax Credit program, which ended in 2014 — came with an imperative for “job creation and retention requirements.”

For its part, SolarCity did install panels that were produced by Oregon workers. But those workers were behind bars at Sheridan Federal Prison — and instead of benefiting from a program that was supposed to pump up the regional economy, they were paid less than a dollar an hour for their labor.

EJ Victory: EPA agrees to expand neurotoxin ban to agriculture after court order

Farm worker Olivia Flores
Florida farm worker Olivia Flores. Foto courtesy Dave Getzschman for EarthJustice

15 years after the Environmental Protection Agency (EPA) banned chlorpyrifos from residential use, the agency has agreed to expand the neurotoxic pesticide ban to agricultural fields as well. Exposure to to this health and memory harming drug has continued for farmworkers, their children and rural residents. Field workers have direct contact with the pesticide drug when they are forced to return to recently sprayed fields … it drifts easily into neighboring yards and farms … and over time, it has entered water sources from which local dwellers drink. Drinking water contamination is particularly harmful to infants.

The announcement was a response to an EarthJustice petition. Calling EPA’s delay in regulating chlorpyrifos “egregious,” the 9th Circuit Court of Appeals ordered the agency to take meaningful action by October 30 2015 on the 2007 legal petition to ban the chemical. The EPA had postponed the agriculture ban because of a flawed study by its manufacturer, Dow Agrosciences, which argued that the chemical was not toxic in agriculture environments.

“This is what we have been seeking for years. EPA’s and other independent findings show that chlorpyrifos causes brain damage to children and poisons workers and bystanders,” said Patti Goldman, the Earthjustice attorney handling the case. “At long last, the agency is signaling its intention to protect children, workers and their families by banning this hazardous pesticide. It is imperative that EPA move quickly to protect workers and children by finalizing this important rule.”

“Given the incredibly strong science on the health harms of this pesticide, it’s absurd that EPA has taken so long to act,” said Dr. Margaret Reeves, Senior Scientist at PAN. “A ban will finally ensure that children, workers and families in rural communities are safe from this drift-prone, bad actor pesticide.”

In December 2014, EPA acknowledged the extensive body of peer-reviewed science correlating chlorpyrifos exposure with brain damage to children, including reduced IQ, delayed development, and loss of working memory.

Ordered by a court to take regulatory action based on its scientific reviews, EPA is now proposing to completely ban chlorpyrifos. This would end all uses of chlorpyrifos that result in residues on food, contamination of drinking water, or drift to schools, homes, and other places people are located.

“It’s a step forward on the path to environmental justice,” said Virginia Ruiz of Farmworker Justice. “Farmworkers and their families, who are predominantly poor and majority people of color, bear the brunt of poisonings from pesticides and pesticide drift.”

If you would like to support Earthjustice’s work please make a donation.

John Oliver exposes ND’s Bakken Oil Fields, which kill workers and farms

Bakken oil field impact
John Oliver Rips Fracking Industry for its Deadly Bakken Boom, Killing One Person Every Six Weeks

As only John Oliver can say….please watch and share…we should all be angry….

~ ClimateMama

Here’s why: South Dakota’s Bakken Oil fields ruin farmland. They kill 1 person every 6 weeks, workers may work 69 hours straight and OSHA only has 8 inspectors for both North and South Dakota so they’re unlikely to ever investigate any of this. The Petro-Hunt Company spilled 3000 barrels of oils and five months later, spilled 600 barrels (over 25,000 gallons) of oil – but got deep discounts on fines for promising never to do it again.

And by the way, the state of North Dakota has no ethics committee and allows oil companies indemnification against lawsuits. Listen to John Oliver and weep.

The New York Times ran a story on Bakken last November, “The Downside of the Boom: North Dakota took on the oversight of a multibillion-dollar oil industry with a regulatory system built on trust, warnings and second chances.”