Shannon Kelleher

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May 31, 2024

“Taking on Big Oil”; Vermont enacts Climate Superfund Act

By Dana Drugmand

Vermont has enacted a first-in-the-nation law that holds major fossil fuel companies financially responsible for the climate pollution associated with their products, a move applauded by environmental advocates.

Following passage by the legislature earlier this month, Vermont Gov. Phil Scott allowed the bill to become law on Thursday without his signature. He cited several concerns in a letter to the state senate secretary, warning that “Taking on Big Oil should not be taken lightly.”

The measure, dubbed the Climate Superfund Act, aims to recover climate-related costs incurred by the state from large oil and gas companies whose production of carbon-based fuels ultimately resulted in over a billion metric tons of atmospheric greenhouse gas emissions between 1995 and 2024 – pollution that is wreaking havoc on communities across the country in the form of deadly heat waves, catastrophic flooding and storms, and other extreme weather events.

Vermont experienced its worst flooding in nearly a century last summer when heavy rains caused rivers to overflow their banks, wiping out floodplain crops, washing out roads and bridges, and damaging homes and small businesses throughout the state.

“In order to remedy the problems caused by washed out roads and houses, downed electrical wires, damaged crops, and repeated flooding, the largest fossil fuel entities that have contributed to climate change should also have to contribute to fixing the problem they caused,” Vermont state representative Amy Sheldon of Middlebury said from the House floor on May 3.

In passing the new law, Vermont is taking the first step in shifting some of the cost burden of responding and adapting to such climate-related disasters from taxpayers and onto the corporate polluters whose products are driving climate breakdown, according to environmental advocacy groups.

“The ‘polluter pays’ principle is the bedrock of the environmental movement,” said Johanna Miller, energy and climate program director at the Vermont Natural Resources Council. “With the enactment of the Climate Superfund Act, Vermont is demonstrating that it values Vermonters and their pocketbooks over Big Oil profits.”

May 23, 2024

Norfolk Southern agrees to $310 million settlement over Ohio train derailment

By Shannon Kelleher

Norfolk Southern Corp. on Thursday announced it will pay more than $300 million to resolve investigations by three US agencies in the aftermath of a catastrophic train derailment last year that contaminated the town of East Palestine, Ohio with toxic chemicals.

The settlement resolves “all claims and investigations” by the US Environmental Protection Agency (EPA), the Department of Justice (DOJ), and the US Department of Interior arising from the February 2023 derailment in which 38 train cars carrying vinyl chloride and other hazardous chemicals ran off the tracks in northeastern Ohio.

The EPA said the company had agreed to the following:

Spending $235 million on past and future cleanup costs
Paying a $15 million civil penalty for violations of the Clean Water Act
Paying $25 million for a 20-year community health program that includes medical monitoring and mental health services.
Spending approximately $15 million to implement long-term monitoring of groundwater and surface water for a period of 10 years.
Paying $15 million for a private drinking water monitoring fund that will continue the existing private drinking water well monitoring program for 10 years.
Paying an estimated $6 million to implement several environmental remediation projects.

Norfolk Southern additionally said it would repay the EPA $57 million for response expenses and will spend $244 million on safety initiatives. These will include new monitoring devices along its tracks and better alarms for detecting overheated wheel bearings, according to the EPA.

“We are very, very pleased that Norfolk Southern has agreed to settlement terms that hold them accountable for disrupting the lives of the people of East Palestine, and help to bring some justice and a path towards closure to those who were affected by this disaster,” Rebecca Chattin Lutzko, interim US Attorney for the Northern District of Ohio, said during a press conference on Thursday. “This settlement communicates to other, similar companies that they must take full responsibility for their actions.”

May 14, 2024

Senate Farm Bill draft raises hopes for PFAS-impacted farmers

By Shannon Kelleher

As US lawmakers haggle over the renewal of the massive Farm Bill, which funds programs ranging from food access for low-income families to crop insurance for farmers, one new issue sparking debate is a proposed safety net for farmers whose land has become contaminated with dreaded “forever chemicals.”

A recent Farm Bill draft released by the US Senate Committee on Agriculture, Nutrition & Forestry, includes language from the proposed Relief for Farmers Hit with PFAS Act, which would direct the US Department of Agriculture (USDA) to designate $500 million in grants to states, territories, and Tribes to monitor and clean up per- and polyfluoroalkyl substances (PFAS) on agricultural land and in farm products. The funds would partly offset financial losses a farmer can suffer due to PFAS contamination.

The National Association of State Departments of Agriculture has said it sees PFAS as an “emerging risk” that poses a “major hazard” to US farmers and ranchers.

And last year, the US Department of Defense said it had notified almost 4,000 farms across dozens of states to warn that they were at risk for PFAS contamination. Many farmers in Maine have learned that their land is contaminated, as have farmers in Texas, New Mexico and elsewhere.

The US House of Representatives will hold a “committee markup” on May 23, a process that will result in a final draft, but neither an early overview of the House committee’s draft nor a more detailed version released Friday mention funding for PFAS-impacted farmers.

“We can find all kinds of money for increasing our defense budget and a whole host of other things,” said US Rep. Chellie Pingree, a Democrat from Maine. “It seems unfair to not find the money for farmers who are in need. I think in the long run we will find that money.”

April 30, 2024

Controversial California power plant set to stay online after court decision

By Shannon Kelleher

A federal court on Monday cleared the way for California’s last nuclear power plant to keep operating for five years after its licenses expire, rejecting arguments from environmental advocates that the facility poses ongoing risks that could prove catastrophic, including the potential for a “nuclear meltdown”.

The move by the 9th US Circuit Court of Appeals upholds a Nuclear Regulatory Commission (NRC) decision to exempt Pacific Gas & Electric (PG&E)’s Diablo Canyon Power Plant from a rule that would require its two reactors to shut down in 2024 and 2025. The court rejected the environmental groups’ claims that the NRC did not properly account for safety and environmental concerns.

“We filed our lawsuit because NRC was playing fast and loose with decisions that could quite literally lead to a nuclear meltdown,” Hallie Templeton, legal director for the nonprofit Friends of the Earth, said in a statement. “We will keep fighting to ensure that all involved officials properly and thoroughly apply pertinent laws to Diablo’s attempted extension.”

The NRC’s decision to grant an exemption for Diablo Canyon, which has been operational since 1985, was not “arbitrary, capricious, or contrary to law,” US Circuit Judge Consuelo Callahan wrote in his opinion. “NRC adequately explained why California’s changing energy needs constituted a special circumstance, and why the record supported its findings of no undue risk to the public health and safety.”

The court decision comes on the heels of a lawsuit Friends of the Earth filed earlier this month against the US Department of Energy (DOE) over a more than $1 billion award the agency is granting PG&E to help keep Diablo Canyon up and running. The group alleges that the DOE’s assessment of Diablo Canyon’s environmental impact relies on an outdated analysis that fails to incorporate a range of safety risks posed by the plant, including an outdated cooling mechanism, dangerous wear and tear, potentially catastrophic risks from earthquakes, and increased flooding risks due to climate change.

Critics of the plant also say it will be costly for Californians. A 2023 analysis by the Environmental Working Group suggested Diablo Canyon could cost the public nearly $45 billion if it stays open through 2045.

April 22, 2024

EPA announces $7 billion to make solar more accessible

By Shannon Kelleher

The US Environmental Protection Agency (EPA) said on Monday that it will provide $7 billion to create or expand low-income residential solar programs across the country, a move the agency said will lower energy costs for roughly 900,000 households in communities that might otherwise struggle to access the alternative energy source.

The grants will be awarded to 60 recipients made up of the state agencies, Tribes and nonprofits selected through a grant competition funded by the Inflation Reduction Act. The program includes services to help communities overcome barriers to switching to solar, including assistance with siting and permitting solar projects and connecting to the grid. according to an EPA press release.

In at least 25 states and territories, the agency says the grants will launch new programs “where there has never been a substantial low-income solar program before.”

“The United States can and must lead the world in transforming our energy systems away from fossil fuels,” said US Sen. Bernie Sanders (D-VT) said in a statement.

The “Solar for All”, which Sanders introduced, “will not only combat the existential threat of climate change by making solar energy available to working class families, it will also substantially lower the electric bills of Americans and create thousands of good-paying jobs,” Sanders said.

April 19, 2024

EPA moves to make polluters foot the bill for PFAS cleanup

By Shannon Kelleher

US regulators on Friday finalized a rule designating two widespread PFAS chemicals as hazardous substances, a step they say will ensure polluters pay to clean up contamination and reduce Americans’ exposure to the toxic chemicals.

Under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund law, the rule will require leaks and spills of these per- and polyfluoroalkyl substances (PFAS) to be immediately reported and will enable investigation and cleanup of the chemicals.

The finalized rule “enables the agency to use one of its strongest enforcement tools to compel polluters to pay for or conduct investigations and cleanup, rather than taxpayers,” said the US Environmental Protection Agency (EPA) in a press release. “Designation is especially important as delay in addressing contamination allows PFOA and PFOS more time to migrate in water and soil, worsening existing contamination.”

“This is great news for the many communities grappling with PFAS contamination – many of which are also low income and communities of color,” said Tracey Woodruff, an environmental health researcher at the University of California, San Francisco and a former EPA senior scientist.

The move comes days after the EPA announced the nation’s first legally enforceable drinking water limits for the same chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with four other PFAS.

So-called “forever chemicals,” which do not break down naturally, have been used for decades in consumer products ranging from nonstick pans to waterproof clothes and stain resistant carpet. Exposure to PFAS has been linked to cancers, liver and heart problems, and immune and developmental damage in children, according to the EPA. The chemicals are found in the blood of almost all Americans.

April 18, 2024

“Sustainable” company behind POM juice among California’s top paraquat sprayers

By Shannon Kelleher

The Wonderful Company, which has been recognized for its sustainability initiatives and owns POM pomegranate juice, Fiji Water, and other popular brands, was among California’s top sprayers of the toxic weedkiller paraquat in 2021, according to a new analysis.

The major agricultural company, which grows pistachios, almonds, and pomegranates, was California’s second largest sprayer of paraquat, which has been linked to Parkinson’s disease. Wonderful accounted for over 13% of the state’s paraquat use, applying almost 57,000 lbs to its fields, according to the analysis published Thursday by the Environmental Working Group (EWG), which drew from data obtained from the California Department of Pesticide Regulation and county agriculture commissioners.

The company’s website states that “environmental sustainability is at the center of our work” and that the company, “in all its operations, must be a deeply responsible steward of the environment, and lead by example to create a sustainable future.” Wonderful has invested $400 million in sustainable agriculture, according to its website.

The Wonderful Company did not immediately respond to request for comment.

Just ten farms and companies in the top agricultural state sprayed 40% of all paraquat used in California in 2021, the analysis found. The biggest paraquat user in the state was the J.G. Boswell Company, a major producer of cotton, tomatoes for paste, and seed crops, which also accounted for over 13% of California’s paraquat use that year.

“Folks have known about paraquat for a while…but I think it’s clear the public doesn’t fully appreciate where these pesticides are being applied and how close it is to their communities,” said Geoff Horsfield, a policy director at the Environmental Working Group who works on pesticides and other agricultural issues.

April 12, 2024

Firefighting foam company reaches $750 million PFAS settlement

By Shannon Kelleher

The company Tyco Fire Products today reached a $750 million settlement to help resolve claims related to its firefighting foam, which allegedly contaminated drinking water systems with harmful PFAS chemicals for decades.

Once the settlement is approved, an estimated 7,000 to 8,000 US public water systems could receive money to treat contaminated drinking water, said Joe Rice, co-lead attorney for the plaintiffs with the Motley Rice law firm. Water systems that test positive for PFAS by May 15 may be eligible to benefit from the settlement.

“$750 million towards this problem, that is a huge contribution,” said Rice.

Tyco, a subsidiary of Johnson Controls, does not admit liability or wrongdoing by agreeing to the settlement.

The announcement builds on last summer’s landmark settlements from the companies 3M, Dupont, and others, which could total up to nearly $14 billion to assist affected water systems as they test for and clean up PFAS contamination. 3M’s settlement received final approval April 1.

Earlier this week, US regulators announced the nation’s first legally enforceable limits for levels of six toxic per- and polyfluoroalkyl substances (PFAS) in drinking water, a move the US Environmental Protection Agency (EPA) says should prevent thousands of deaths and reduce serious illnesses in people across the country.

April 9, 2024

Unsafe levels of PFAS contaminate global water sources, study finds

By Shannon Kelleher

A large part of the world’s surface waters and groundwater contains toxic PFAS chemicals at levels higher than regulators consider safe for drinking water, according to a new analysis of data from more than 45,000 water samples collected from around the world.

The data points to Australia, China, Europe and North America as hotspots for contamination by per- and polyfluoroalkyl substances (PFAS), although the authors suggest this may be skewed due to higher levels of sampling in these regions.

The findings, which were published April 8 in the journal Nature Geoscience, come as regulators in the United States prepare to set the first enforceable drinking water limits for certain types of PFAS. Many US states and other countries have already set regulations for PFAS in drinking water.

“I was surprised to find out the large fraction of source waters that are above drinking water advisory recommendations,” Denis O’Carroll, an engineering professor at the University of New South Wales in Australia and an author of the study, said in a press release.

The number of samples considered unsafe was higher in countries that have stricter PFAS drinking water guidelines and regulations. In Canada, which has one of the strictest recommendations for PFAS in drinking water, 69% of groundwater samples had levels that surpassed that country’s threshold, while only 6% of samples from the European Union failed to meet its criteria.

March 26, 2024

Toxic vinyl chloride accidents happen once every five days, report finds

By Dana Drugmand

Accidental releases of toxic vinyl chloride have occurred in the United States once every five days, on average, since 2010, according to a new report that highlights the extent to which communities and chemical plant workers are exposed to the known carcinogen.

The findings add to a growing body of evidence on the frequency of hazardous chemical accidents, including a 2023 report that found such incidents occur in the US almost daily.

Environmental, public health and community advocates have been calling on the US Environmental Protection Agency (EPA) to ban vinyl chloride following a February 2023 train derailment in East Palestine, Ohio, which resulted in a “controlled” combustion of vinyl chloride in several rail cars that exposed residents to the chemical.

The report, produced by Material Research L3C on behalf of the environmental groups Beyond Plastics and Earthjustice, is intended to help inform the EPA as it takes steps towards conducting a risk assessment of vinyl chloride, along with four other toxic chemicals, a move the agency announced in December. The review, conducted under the Toxic Substances Control Act (TSCA), would be the first step towards considering a potential ban on vinyl chloride or additional restrictions to help protect public health and the environment from exposure to the chemical.

In public comments to the EPA, the groups Beyond Plastics, Earthjustice, and Toxic-Free Future urged the agency to quickly move to designate vinyl chloride as a “high priority substance” so that it can begin the risk evaluation.