Advocates for the Gulf Sue Coal Export Terminal for Polluting Mississippi River
Environmental advocacy groups this morning filed suit against the United Bulk coal export terminal in Davant, LA, for violating the federal Clean Water Act. Photographs, video footage and satellite imagery document piles of United Bulk coal and petroleum coke that generate highly polluting dust and debris.
The imagery shows plumes of coal-polluted water spreading into the Mississippi River from the United Bulk terminal. The terminal, owned by United Bulk Terminals Davant LLC, has operated for more than four decades, shipping millions of tons of coal and petcoke every year to overseas markets.
“The coal and petcoke sit in huge, open piles along the river,” said Warren Lawrence, who lives in the neighboring community of Myrtle Grove. “So when there’s rain and wind, it just blows right into the river and the wetlands. The natural environment is the reason people love this area, and the coal is destroying it.”
Gulf Restoration Network, Louisiana Environmental Action Network (LEAN) and Sierra Club filed suit in New Orleans’ U.S. District Court for the Eastern District of Louisiana. The groups, represented by Tulane University’s Environmental Law Clinic, are members of the Clean Gulf Commerce Coalition, which is working to clean-up existing coal terminals in the Gulf Coast region, stop any new coal export terminals, and promote cleaner, safer industries and jobs.
The suit contends that United Bulk has illegally discharged coal and petcoke into the river every day that it has operated for at least five years. It points out that coal and petcoke—an oil-refining byproduct with high levels of arsenic, mercury and other toxins hazardous to human health and aquatic life—have been discharged into the river in enough quantities to produce visible spills on a regular basis. The suit also cites the U.S. Environmental Protection Agency’s determination that stormwater runoff from coal piles “can flush heavy metals from the coal, such as arsenic and lead, into nearby bodies of water.”
LEAN Executive Director Marylee Orr said that conservation groups and community residents hope that United Bulk will adopt a more environmentally responsible approach. “We’re hopeful that we’ll be able to work with the company to clean up the facility and make it safer for workers, communities and the environment.”
Today’s legal challenge follows the suit filed last fall by Clean Gulf Commerce Coalition organization against Louisiana’s Department of Natural Resources for its illegal approval of a coastal use permit for the proposed RAM coal export terminal in Myrtle Grove in Plaquemines Parish. The suit argues that the RAM terminal conflicts with the state’s master plan for restoring Louisiana’s disappearing coastal wetlands.
“The expansion of coal exports and the associated pollution to the Mississippi and surrounding communities and wetlands flies in the face of Louisiana’s coastal master plan,” said Scott Eustis, Gulf Restoration Network's coastal wetland specialist. “The river is a valuable and limited resource for rebuilding our coastal wetlands, without which we cannot continue to live in Louisiana.”
Louisiana is at particular risk from increased coal exports through the Mississippi River. Three terminals along the Lower Mississippi, including United Bulk, are seeking to dramatically expand exports, which would increase the amount of coal and petcoke stored in open piles, blanket nearby areas in dust and discharge more coal-polluted runoff into vital coastal wetlands.
The international market for U.S. coal has also grown increasingly volatile. Port authorities on the West Coast and in Corpus Christi, TX have concluded that the coal export market is simply too risky to invest significant sums in new or expanded shipping facilities.
“When you look at the big picture, the existing coal terminals in Louisiana are too dirty, and shipping more coal through Louisiana at new terminals is simply too risky,” said Al Armendariz, senior campaign representative with Sierra Club’s Beyond Coal campaign. “The international markets can’t be counted on, the changing climate creates too many variables, and local communities don’t want to be the coal pipeline to India and China. Louisiana leaders should focus on solutions that will help communities prosper—coastal restoration and tapping into the clean energy economy now.”
Both Clean Gulf Commerce Coalition and the Power Past Coal coalition in the Pacific Northwest are focusing attention on health, safety and environmental impacts of existing coal export systems, including shipping coal by rail from mines to the ports.
The Clean Gulf Commerce Coalition includes: Air Alliance Houston, Gulf Restoration Network, Louisiana Environmental Action Network, Lower Mississippi River Keeper, Public Citizen, Sierra Club, Texas Environmental Justice Advocacy Services and Texas Organizing Project.
Visit EcoWatch’s COAL page for more related news on this topic.
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By Dolf Gielen and Morgan Bazilian
John Kerry helped bring the world into the Paris climate agreement and expanded America's reputation as a climate leader. That reputation is now in tatters, and President-elect Joe Biden is asking Kerry to rebuild it again – this time as U.S. climate envoy.
Energy Is at the Center of the Climate Challenge<p>The <a href="https://science2017.globalchange.gov/chapter/1/" target="_blank">effects of climate change</a> are already evident across the globe, from <a href="https://theconversation.com/100-degrees-in-siberia-5-ways-the-extreme-arctic-heat-wave-follows-a-disturbing-pattern-141442" target="_blank">extreme heat waves</a> to <a href="https://science2017.globalchange.gov/chapter/12/" target="_blank">sea level rise</a>. But while the challenge is daunting, there is hope. Solar and wind power have become the <a href="https://www.irena.org/publications/2020/Jun/Renewable-Power-Costs-in-2019" target="_blank">cheapest forms of power generation globally</a>, and technology progress and innovation continue apace to support a transition to clean energy.</p><p>In the U.S. under a Biden administration, long-term national climate legislation will depend on who controls the Senate, and that won't be clear until after two run-off elections in Georgia in January.</p><p>But there is no shortage of <a href="https://www.bloomberg.com/features/2020-biden-climate-change-advice/" target="_blank">ideas for ways Biden</a> could still take action even if his proposals are blocked in Congress. For example, he could use executive orders and direct government agencies to tighten regulations on greenhouse gas emissions; increase research and development in clean energy technologies; and empower states to exceed national standards, <a href="https://www.reuters.com/article/us-autos-emissions-california/defying-trump-california-locks-in-vehicle-emission-deals-with-major-automakers-idUSKCN25D2CH" target="_blank" rel="noopener noreferrer">as California did in the past with auto emission standards</a>. A focus on a just and equitable transition for communities and people affected by the decline of fossil fuels will also be key to creating a sustainable transition.</p><p>The U.S. position as the world's largest oil and gas producer and consumer creates political challenges for any administration. U.S. forays into European energy security are often treated with suspicion. Recently, France blocked <a href="https://www.wsj.com/articles/frances-engie-backs-out-of-u-s-lng-deal-11604435609" target="_blank">a multi-billion dollar contract</a> to buy U.S. liquefied natural gas because of concerns about limited emissions regulations in Texas.</p><p>Strengthening cooperation and partnerships with like-minded countries will be critical to bring about a transition to cleaner energy as well as sustainability in agriculture, forestry, water and other sectors of the global economy.</p>
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By Maria Caffrey
As we approach the holidays I, like most people, have been reflecting on everything 2020 has given us (or taken away) while starting to look ahead to 2021.
We Need More Than Listening<p>By now we have all become sadly accustomed to the current administration sidelining scientists, most prominently Dr. Anthony Fauci, because the facts they provide do not fit with the political rhetoric of the moment.</p><p>I have <a href="https://www.csldf.org/2019/08/22/csldf-helps-climate-scientist-maria-caffrey-fight-for-scientific-integrity/" target="_blank">my own history</a> of filing a scientific integrity complaint with the National Park Service (which falls under the Department of the Interior) after senior ranking employees attempted to censor one of my scientific reports. I know all too well the damage and pain that these actions cause, not just for the individual scientist, but also because these <a href="https://www.ucsusa.org/resources/attacks-on-science" target="_blank" rel="noopener noreferrer">attacks on science</a> over the last few years have undermined sound, evidence-based decision making.</p><p>President-elect Biden has repeatedly said that he will <a href="https://thehill.com/homenews/521638-trump-biden-will-listen-to-the-scientists-if-elected" target="_blank" rel="noopener noreferrer">listen to the scientists</a>. While this is certainly a welcome change, listening can only take us so far. This past week Lauren Kurtz from the <a href="https://www.csldf.org/" target="_blank" rel="noopener noreferrer">Climate Science Legal Defense Fund</a> and my colleague <a href="https://www.ucsusa.org/about/people/gretchen-goldman" target="_blank" rel="noopener noreferrer">Gretchen Goldman</a> published <a href="https://www.scientificamerican.com/article/ten-steps-that-can-restore-scientific-integrity-in-government/" target="_blank" rel="noopener noreferrer">an article</a> listing 10 actions the new administration should implement to show their commitment to strengthening government science:</p><ol><li>Clearly prohibit political interference and censorship.</li><li>Protect scientists' communication rights.</li><li>Acknowledge that attempts to violate scientific integrity, even if ultimately not fruitful, are still violations.</li><li>Protect federal scientists' right to provide information to Congress and other lawmakers.</li><li>Commit to incorporating the best science as part of agency decisions.</li><li>Elevate agency scientific integrity policies to have the full force of law.</li><li>Publicly release anonymized information about scientific integrity complaints and their resolutions at every agency.</li><li>Institute an intra-agency workforce, potentially under the White House <a href="https://www.ucsusa.org/sites/default/files/2020-09/strengthening-science-and-si-at-ostp.pdf" target="_blank" rel="noopener noreferrer">Office of Science and Technology Policy</a>, to coordinate scientific integrity efforts across agencies, foster discussion of policy improvements, and standardize criteria for policies across agencies.</li><li>Strengthen whistleblower protections.</li><li>Ensure that policies cover all actors who will be dealing with science.</li></ol>
Time for Action<p>I have spoken to many scientists, particularly federal scientists, who are eager to turn the page so they can hurry back to the work they had been doing before this administration, but I urge caution in assuming that things can be "normal" again.</p><p>Before Trump, I naively thought the scientific integrity policies established during the <a href="https://obamawhitehouse.archives.gov/blog/2016/12/19/scientific-integrity-policies-update" target="_blank">Obama administration</a> would be sufficient. I never imagined that any administration could so willfully ignore and attack expert advice and evidence that is intended to protect us and our public lands.</p><p>I have personally witnessed how hard our federal scientists work. They put in long hours with minimal pay (far less that what they could get if they worked in private industry) to pursue one simple goal: to make things better for the nation.</p><p>We need stronger scientific integrity policies to protect these people and their work. But more than that, we need stronger scientific integrity laws because they also benefit society.</p>
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<div id="da98c" class="rm-shortcode" data-rm-shortcode-id="478a197b7c59c92787c92bec92f1ac39"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1331662923710693376" data-partner="rebelmouse"><div style="margin:1em 0">Bristol Bay forever, Pebble mine never. #NoPebbleMine #SaveBristolBay https://t.co/CBQ9zuy8A5</div> — Save Bristol Bay (@Save Bristol Bay)<a href="https://twitter.com/SaveBristolBay/statuses/1331662923710693376">1606328156.0</a></blockquote></div>
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