Court Orders EPA to Close Loophole, Factory Farms Required to Report Toxic Pollution
The DC Circuit Court ordered the U.S. Environmental Protection Agency (EPA) Tuesday to close a loophole that has allowed hazardous substances released into the environment by concentrated animal feeding operations (CAFOs) to go unreported.
"We applaud the DC Circuit Court's clear decision to enforce this vital environmental safeguard to protect public safety," said Earthjustice attorney Jonathan Smith, who helped argue the case before the court.
"In the words of the court, the risk of air emissions from CAFOs 'isn't just theoretical; people have become seriously ill and even died' from these emissions. But the public cannot protect itself from these hazardous substances if CAFOs aren't required to report their releases to the public. The loophole also prevented reporting of these toxics to local and state responders and the court held that plainly violated the law."
CAFOs are large-scale livestock facilities that confine large numbers of animals in relatively small spaces. A large CAFO may contain upward of 1,000 cattle, 2,500 hogs or 125,000 chickens. Such facilities generate a massive amount of urine and feces, which is commonly liquefied and either stored under the facility or nearby in open-air lagoons. This waste is known to release high levels of toxic pollutants like ammonia and hydrogen sulfide into the environment.
The court's decision closes a loophole that exempted CAFOs from the same pollutant reporting required of other industries to ensure public safety. Prior to the promulgation of this loophole at the end of the Bush administration in 2008, federal law long required CAFOs, like all other industrial facilities, to notify government officials when toxic pollution levels exceeded public safety thresholds.
"Corporate agricultural operations have always been well-equipped to report on hazardous substances," said Abel Russ of the Environmental Integrity Project. "Now they will once again be required to do so."
This ruling is the latest turn in Earthjustice's advocacy on behalf of environmental and animal advocacy groups including Waterkeeper Alliance, Humane Society of the United States, Sierra Club, Center for Food Safety and Environmental Integrity Project.
"People have a right to know if CAFOs are releasing hazardous substances that can pose serious risks of illness or death into the air near their homes, schools, businesses and communities," said Kelly Foster, senior attorney for Waterkeeper Alliance.
"This ruling ensures that the public will be able to obtain this information in the future and will hopefully spur EPA to start responding when hazardous substances reach toxic levels."
Nearly three-quarters of the nation's ammonia air pollution come from CAFOs. Once emitted into the air, this ammonia then redeposits on land or water, adding to nitrogen pollution and water quality impairments in places like the Chesapeake Bay.
"CAFO waste pollutes our air and waterways and creates dangerous food pathogens. This decision forces these operations to be transparent about their environmental impact," said Paige Tomaselli of the Center for Food Safety.
CAFOs can be terrible air polluters. People who live near them often suffer from constant exposure to foul odors and the toxic effects of ammonia and hydrogen sulfide. Low levels of ammonia and hydrogen sulfide can irritate the eyes, nose and throat and high levels can be fatal.
"This safeguard isn't just about protecting the environment; it's about making entire communities safe for the people who live in them," said Sierra Club staff attorney Katie Schaefer.
Unsurprisingly, CAFO pollution also severely impacts the animals raised at the CAFO.
"Animal factories force billions of animals to suffer dangerously high levels of toxic air pollution day after day for their entire lives," said Humane Society of The United States' Chief Counsel Jonathan Lovvorn. "This ruling helps shine a light on the horrors of factory farms and the hidden costs to animals, people and the environment."
Eleven peaceful activists from the Greenpeace ship Arctic Sunrise have taken to the water in inflatable boats with handheld banners to oppose the Statoil Songa Enabler oil rig, 275 km North off the Norwegian coast, in the Arctic Barents sea.
The banners say: "People Vs. Arctic Oil" and are directed at Statoil and the Norwegian government, which has opened a new, aggressive search for oil in the waters of the Barents Sea.
The Federal Energy Regulatory Commission (FERC) paved the way Friday for the 600-mile, 42-inch fracked gas Atlantic Coast Pipeline to proceed when it issued the final environmental impact statement (FEIS). A joint project of utility giants Duke Energy and Dominion Energy, the Atlantic Coast Pipeline would move fracked gas from West Virginia into Virginia and North Carolina.
In April, the Sierra Club submitted more than 500 pages of legal and technical comments on FERC's draft EIS, which were joined by more than 18,000 individual comments detailing opposition to the project. The pipeline has been met with widespread opposition, with more than 1,000 people participating in public hearings across the three affected states. The Sierra Club recently requested that FERC issue a new environmental review document analyzing information that came in after or late in, the public comment process.
By Jessica Corbett
"It's time Rex Tillerson step down or be removed," said Gigi Kellett of Corporate Accountability International, following an announcement on Thursday that ExxonMobil will pay $2 million for violating U.S. sanctions against Russian officials while the now-secretary of state was the company's CEO.
"ExxonMobil demonstrated reckless disregard for U.S. sanction requirements," according to enforcement filing released by the Treasury Department's Office of Foreign Assets Control (OFAC), which issued the penalty. Though the fine is reportedly the maximum penalty allowed, it's pittance to one of the world's most profitable and powerful corporations, which last year reported a profit of $7.8 billion.
New analysis from Amory B. Lovins debunks the notion that highly unprofitable, economically distressed nuclear plants should be further subsidized to meet financial, security, reliability and climate goals. The analysis, which will appear shortly in The Electricity Journal, shows that closing costly-to-run nuclear plants and reinvesting their saved operating costs in energy efficiency provides cheaper electricity, increases grid reliability and security, reduces more carbon, and preserves (not distorts) market integrity—all without subsidies.
By Christian Detisch and Seth Gladstone
In the wake of Senate Republicans' ever-deepening debacle over their flailing attempts to strip health insurance from 22 million people, Majority Leader Mitch McConnell is desperate to do something—anything—to show that he can get legislation passed. To this end, he's bypassing the standard committee review process to push a complex 850+ page energy bill straight to the full Senate floor. Perhaps not surprisingly, this legislation, the Energy and Natural Resources Act of 2017, would be a disaster for public health and our climate.
A new law passed this week in South Miami will require all new homes built in the city to install solar panels. The measure, which was inspired by a proposal from a teenage climate activist, will go into effect in September.
The text of the ordinance details the climate impacts facing South Miami.
By Ben Jervey
Just last week, we fact-checked and debunked every line of The Dirty Secrets of Electric Cars, a video produced by Fueling U.S. Forward, a Koch-funded campaign to push fossil fuels. That video represents the group's first public pivot from fossil fuel boosterism to electric vehicle (EV) attacks. More electric vehicle experts are also picking the video apart.
One effort is this video highlighting many of the same falsehoods we wrote about, and which adds key context about some of the video footage. Like, for instance, the fact that the photo that Fueling U.S. Forward claims is a lithium, cobalt or cerium mining operation is actually a copper mine.
By Katherine Paul and Ronnie Cummins
A recent series of articles by a Washington Post reporter could have some consumers questioning the value of the U.S. Department of Agriculture's (USDA) organic seal. But are a few bad eggs representative of an entire industry?
Consumers are all for cracking down on the fraudulent few who, with the help of Big Food, big retail chains and questionable certifiers give organics a bad name. But they also want stronger standards, and better enforcement—not a plan to weaken standards to accommodate "Factory Farm Organic."