Shannon Kelleher

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December 19, 2024

Boosting LNG exports would harm people and the planet, DOE report concludes

By Shannon Kelleher

The US Department of Energy (DOE) this week released a report that concludes a rise in exports from the booming natural gas industry would lead to greater global fossil fuel emissions, expose already-vulnerable communities to more pollution and raise gas prices for consumers.

The publication “reinforces that a business as-usual approach is neither sustainable nor advisable,” said US Secretary of Energy Jennifer Granholm in a statement.

“Unfettered” liquified natural gas (LNG) exports would increase the price of wholesale natural gas in the US by over 30%, said Granholm, impacting households, farmers and industry. The study also concluded that current US LNG exports are “already more than enough to meet global demand,” she said, and that while LNG has been suggested as an alternative to coal for some countries, the study “shows a world in which additional US LNG exports displace more renewables than coal globally.”

The report, published Dec. 17, comes after the Biden administration last January announced a pause on pending applications for facilities that export liquified natural gas (LNG) while the DOE reviewed the approval process, citing climate change considerations. In September, more than 125 scientists signed a letter addressed to Granholm and Treasury Secretary Janet Yellen, warning that the increase in natural gas production threatens to worsen climate change and jeopardize public health and the environment.

“Our hope is that we can now assess the future of natural gas exports based on the facts and ensure authorizations are reviewed in a manner that truly advances the public interest of all the American people,” said Granholm. “Special scrutiny needs to be applied toward very large LNG projects,” she added, noting that a project that exports 4 billion cubic feet of LNG per day would singlehandedly emit more climate-warming greenhouse gases than almost three-quarters of the world’s countries each did in 2023.

December 18, 2024

Montana Supreme Court upholds historic youth climate lawsuit win

By Dana Drugmand

The Montana Supreme Court on Wednesday upheld a trial court ruling in a youth-led case against the Montana state government, affirming that the sixteen young plaintiffs have a right to a “stable climate system.” The decision marks what legal observers say is a landmark achievement in US climate litigation that is likely to inspire more lawsuits seeking to hold governments accountable for climate change harms in the US and around the world.

In the 6-1 decision, the court ruled against the state in its appeal of the August 2023 verdict in Held et al. v. State of Montana, which went to trial in June 2023. Seeley found that a pair of state laws effectively shielding fossil fuel projects from public scrutiny over their climate impacts, and from judicial review of those impacts under the Montana Environmental Policy Act (MEPA), violate the state’s constitution, including the right to a clean and healthful environment. That environmental right includes the climate system, the court determined, and every additional ton of greenhouse gases emitted from fossil fuels – including from projects like coal mine expansion authorized by Montana regulatory agencies – exacerbates climate change damages and harms to Montana’s environment and the youth plaintiffs.

“This is a monumental moment for Montana, our youth, and the future of our planet,” Nate Bellinger, lead counsel for plaintiffs and a senior attorney with the nonprofit law firm Our Children’s Trust, said in a statement. “Today, the Montana Supreme Court has affirmed the constitutional rights of youth to a safe and livable climate, confirming that the future of our children cannot be sacrificed for fossil fuel interests.”

“This ruling is a victory not just for us, but for every young person whose future is threatened by climate change,” said lead plaintiff Rikki Held.

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December 16, 2024

Scientists call on federal regulators to rid US agencies of corporate influence

By Shannon Kelleher

Scientists are calling for the incoming Trump administration to adopt a set of guidelines designed to ensure scientific integrity at federal agencies and loosen corporate influence on regulators charged with protecting Americans’ health.

The recommendations, published Dec. 16, state that the US Environmental Protection Agency (EPA), the US Food and Drug Administration (FDA) and other agencies must eliminate financial and political conflicts of interest from environmental health research, halt industry influence on advisory boards and use the best available science to identify the health risks of toxic chemicals, which are contributing to the rise in chronic diseases such as cancer and diabetes.

Conflicts of interest that undermine the scientific process have resulted in “weakened chemical regulations, increased exposure to harmful chemicals, and greater risks to the health of families, workers, and communities,” the authors concluded.

“Our recommendations will not only strengthen the scientific frameworks of regulatory agencies but also enhance their ability to identify and mitigate toxic chemical exposures, protecting the health of all people who live in the US – especially those who are most susceptible to harm,” Rashmi Joglekar, director of science and policy at the University of California San Francisco Program on Reproductive Health and the Environment (PRHE), said in a press release. PRHE issued the guidelines.

The proposal has been endorsed by at least 48 scientists and public health experts and14 health and environmental organizations. Longer recommendations will be available in early January, said a spokesperson for PRHE.

The EPA and FDA said they plan to review the guidelines.

December 9, 2024

US EPA bans toxic dry cleaning chemical

By Shannon Kelleher

The US Environmental Protection Agency (EPA) on Monday issued a ban on a highly toxic chemical used in dry cleaning, glue and stain removers, a move the agency called a “major milestone for chemical safety after decades of inadequate protections and serious delays.”

The new rule will ban the manufacture and processing of trichloroethylene (TCE) for most products within one year, allowing a longer phaseout period for TCE use in aircrafts, medical devices and some other applications.

TCE is a known human carcinogen, and is also linked to birth defects and liver and kidney disease, as well as a surge in global Parkinson’s disease diagnoses.

“With no doubt that these chemicals are deadly, there is no doubt that this final rule will save lives – especially our children’s lives – around the country,” Senator Ed Markey (D-MA) said in a statement.

The chemical, contaminates the drinking water of an estimated 19 million people, posing an especially high risk to pregnant women, infants and young children..

In a 2020 risk evaluation, the EPA found that 52 out of 54 conditions of use for TCE carry “unreasonable” health risks.

While all uses of TCE will ultimately be prohibited, “some of the exemptions associated with longer timeframes are necessary to avoid impacts to national security or critical infrastructure,” the EPA states on its website.

December 6, 2024

Spotlight on cancer-causing food additive as advocates demand FDA ban Red Dye 3

By Shannon Kelleher

In the waning days of the Biden administration, a long-fought battle over a cancer-causing food additive is again in the spotlight as consumer advocacy groups and lawmakers demand federal regulators ban Red Dye No. 3, a chemical used to give popular candies, foods and drinks their cherry-red colors.

The issue took center stage Thursday at a US Senate hearing where lawmakers grilled Jim Jones, Food and Drug Administration (FDA) deputy commissioner for human foods, over the issue.

“Red 3 has been known to cause cancer in cosmetics but we still allow it to be put in our food. I don’t understand that,” Sen. Tommy Tuberville said in the hearing. “If we know something is deadly for anybody that ingests it how do we continue to just study that and not say hey, enough is enough?”

Industry studies linked Red Dye 3 to cancer in rodents more than 30 years ago, and public health groups have spent years lobbying food companies and regulators to get the chemical out of foods.

Two years ago, two dozen organizations and scientists submitted a petition to the FDA demanding a ban, citing a 1990 FDA conclusion that the chemical causes cancer when fed to rats.

Last month, 23 members of Congress sent a letter to the FDA also calling for a ban, saying the FDA “should act quickly to protect the nation’s youth from this harmful dye.” The letter noted Red Dye 3 has been banned or mostly banned in Europe, Australia and New Zealand and California has a ban on the dye in food taking effect in 2027.

“Thirty-four years of inaction is far too long,” the letter states.

In Thursday’s hearing, Jones said the agency was “hopeful” it would “be acting on that petition” in the “next few weeks.”

It is “long past time,” for the FDA to ban the dye, US Rep. Frank Pallone said in a Dec. 5 letter to the FDA. “With the holiday season in full swing where sweet treats are abundant, it is frightening that this chemical remains hidden in these foods that we and our children are eating.”

November 27, 2024

Outcry over Texas plastics plant points to broader industry issues

By Shannon Kelleher

As world leaders work on a global treaty to address mounting harms from plastics pollution, a Texas plastics plant seen as a “serial” corporate polluter is in the crosshairs of environmentalists who say the operation provides a prime example of the need for a halt to petrochemical development.

The Formosa Point Comfort Plant on the Central Texas Coast has achieved notoriety for its persistence in defying efforts to rein in pollution, illegally dumping plastic pellets into area waterways for decades, environmental advocates say.

The facility racked up more than $23 million in fines as of Nov. 12 for failure to comply with a 2019 consent decree requiring it to achieve “zero discharge” of plastic waste and clean up nearby waterways, according to records provided by the San Antonio Bay Estuarine Waterkeeper.

The records indicate that the plant has committed more than 700 violations of the consent decree and the restrictions of its state permit by discharging plastic waste since the consent decree went into effect, including over 140 violations this year alone.

“We can confidently say that they’re discharging plastic every single day into the bay,” said Diane Wilson, a Waterkeeper member and former fisherwoman who was arrested in August for protesting at Formosa’s US headquarters in New Jersey. “And if Formosa’s doing it, you can bet that all the other plastic plants out there, they’re discharging plastic,” she said.

Protesters plan to gather outside the Texas Formosa facility next week to highlight the plant’s ongoing environmental violations and to urge President Biden to issue a moratorium on petrochemical development in the final days of his term. Activists also are planning a similar rally outside the Formosa Plastics US headquarters in New Jersey. They also plan to march outside the branch locations of Bank of America, Chase, and Wells Fargo to highlight their “financing of major plastic polluters.”

The activists are also opposing a proposed expansion of the facility in Point Comfort, as well as a planned PVC plant expansion in Baton Rouge, Louisiana and a huge petrochemical complex the Formosa plans to build in St James Parish, Louisiana, a community infamously nicknamed “Cancer Alley” for its high cancer rates. Additionally, they are calling for an independent study to assess any lingering pollution from a Formosa chemical spill in Vietnam, and the release of Vietnamese activists who spoke out after the incident.

November 22, 2024

Friend or foe? Environmental advocates eye Kennedy nomination warily

By Shannon Kelleher

In the wake of last week’s announcement that President-elect Donald Trump has nominated Robert F. Kennedy Jr. to head the US Department of Health and Human Services (HHS), some leading environmental and public health advocates say they’ve found themselves in a “difficult” position.

On the one hand, Kennedy is a lifelong environmental advocate himself and is pushing a platform called “Make America Healthy Again” (MAHA), which sets an agenda strikingly similar to those of many groups on the political left – “prioritizing regenerative agriculture, preserving natural habitats, and eliminating toxins from our food, water and air.”

But on the other, Kennedy’s alignment with Trump – who touts his intention to roll back regulations and undo many hard-fought consumer protections – and Kennedy’s controversial views on certain health-related issues, have left leading environmental health groups unclear on whether he should be seen as friend or foe.

Kennedy has argued for tighter US pesticide regulations and has spoken out against glyphosate, the main ingredient in the popular weedkiller Roundup that has been classified as a probable carcinogen by a major international cancer research group. He has also been sharply critical of regulators for failing to protect kids from harmful additives in food.

He rails against cozy connections between big business and the regulatory agencies that are supposed to oversee them, and vows to work to eliminate conflicts of interest in the agencies he would oversee, including the Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), National Institutes of Health (NIH) and others.

“I can get the corruption out of the agencies,” said Kennedy in a recent interview. “It’s what I’ve been doing for 40 years. Once [the regulatory agencies] are not corrupt, once Americans are getting good science and are allowed to make their own choices, they’re going to get a lot healthier.”

Kennedy has a background as an environmental lawyer with a decades-long track record of fighting for green issues – he was once named one of Time magazine’s “Heroes for the Planet” for his work restoring the Hudson River, he founded the clean water advocacy group Waterkeeper Alliance, and he previously served as senior attorney for the Natural Resources Defense Council (NRDC).

But critics point out that Kennedy has no medical training and has been accused of peddling baseless conspiracy theories and making claims not supported by science.

November 14, 2024

US EPA enables polluting plastics plants by failing to update wastewater limits, report says

By Shannon Kelleher

Federal regulators have enabled US plastics plants across the country to dump dangerous chemicals into waterways by failing to update wastewater limits for over 30 years, according to a new analysis by a watchdog group.

While the Clean Water Act requires the US Environmental Protection Agency (EPA) to review wastewater discharge limits every five years to keep up with advances in water treatment technologies, the agency has not updated its guidelines for the plastics sector since 1993.

“Most folks don’t know that the plastics industry is not required to use modern wastewater treatment controls to limit the amount of pollution they pour into our waterways,” Jen Duggan, the executive director of EIP, said in a press call Thursday. “It’s long past time these plants clean up.”

In its analysis, the Environmental Integrity Project (EIP) focused on 70 plants that make raw plastics called “nurdles,” tiny pellets later used to make products such as water bottles, food containers and toy

Over 80% of the plants violated pollution limits in their permits at least once between 2021 and 2023, according to the report, yet the EPA only issued financial penalties to 14% of violators, the report found. The Chemours Washington Works plant in West Virginia received 115 violations over this period – more than any other plant studied – but was not issued any penalties by regulators, the EIP analysis found.

Additionally, 40% of the plastics plants are operating on outdated water pollution control permits, the study found.

The EPA said it is reviewing the report and would “respond appropriately.”

November 4, 2024

Napa Valley landfill dumped toxic waste into waterways for decades, workers allege in federal lawsuit

By Shannon Kelleher

A California landfill has been illegally dumping toxic waste into the Napa River for years, polluting waters that feed a valley known around the world for the quality of its vineyards, according to a federal lawsuit filed by landfill employees.

Fifteen workers from Clover Flat Landfill and Upper Valley Disposal Service (UVDS) in Napa County, California, allege that operators of the landfill intentionally diverted what is called “leachate” – untreated liquid wastewater often containing heavy metals, nitrates, bacteria and pathogens – into the Napa River and other area waterways for decades. The actions were done to “avoid the costs of properly trucking out the toxic leachate” to facilities designated for safe disposal, the lawsuit alleges.

“Defendants’ deliberate pollution of the Napa River watershed with toxic wastewater is particularly disturbing because Napa Valley contains some of the most valuable agricultural land in the country, and water from the Napa River is used by local wineries to irrigate Napa’s famous vineyards, and is a significant community water resource,” the complaint said.

The workers say the practice not only endangered the public but created unsafe working conditions, exposing the employees to “toxic chemicals, pollution, and poisons” without providing employees proper protective gear.

The action, which was filed Oct. 28 in US District Court in San Francisco, seeks more than $500 million in damages and names as defendants both current owner Waste Connections, a nationwide waste management company, as well as the facilities’ former owners.

November 1, 2024

Proposed factory farm ban divides California county

By Shannon Kelleher

When voters head to the polls on Tuesday to decide the next US president, residents of Sonoma County, California, will be asked to decide another contentious issue – they will be voting on a measure that would make their county the first in the nation to ban factory farms.

Measure J would prohibit farm operations that meet the US Environmental Protection Agency (EPA)’s definition of a concentrated animal feeding operation (CAFO), requiring them to either close or downsize within three years. The measure would also prevent new CAFOs from coming into the county.

Proponents say that CAFOs, where large numbers of animals are crowded together generating massive amounts of manure, are “major polluters” that pose a threat to wildlife and “vital watersheds” and present a “serious risk to public health” by providing a breeding ground for disease and creating other hazards. They cite one Sonoma County poultry operation with more than 500,000 birds as well as “documented criminal animal cruelty” at some CAFOs.

The measure appears to have only a slim chance of passing, facing staunch opposition from powerful farming organizations as well as business groups and even sustainability groups. But backers of the measure say their effort contributes to a groundswell of support for action against CAFOs.

In July, a state court in Michigan ruled that state regulators could take stronger actions to manage manure waste from CAFOs there, and in June 2023, Oregon passed a bill to tighten CAFO permitting to help mitigate water pollution. Calls for moratoriums on new CAFOs have been heard in recent years by legislatures in Iowa, Missouri, Minnesota, and Wisconsin.

“There’s been a lot of attempts, but there’s nothing yet that has been an actual vote among the people on prohibiting factory farms,” said Cassie King, an organizer with the activist group Direct Action Everywhere and the Yes on J campaign. “I think there’s a latent desire across the country to stop factory farming. This measure would provide not only a blueprint but also the inspiration that’s needed to kick more action into gear.”

Measure J is modeled on the Farm System Reform Act, said King, which was introduced in 2023 by US Sen. Cory Booker but has yet to move forward. The bill proposes phasing out CAFOs on a national level by 2041.

Measure J supporters state that only 21 of the more than 700 animal farms in the county would be affected if it passes.

But opponents, including the Sonoma County Farm Bureau, maintain the measure will have a number of negative ripple effects, including jeopardizing the existence of even small farming operations and reducing the availability of local meat, dairy and eggs.