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Conservation Groups Challenge Forest-Destroying Off-road Vehicle Plan


Stanislaus National Forest plan allows too much destructive off-road vehicle use

August 12, 2010
Sacramento, CA — Conservation groups took legal action today to stop off-road vehicles from destroying parts of the Stanislaus National Forest. The groups are seeking a court order forcing officials at the national forest to close roads and trails that damage streams, pristine roadless areas and habitat for rare species. Among the affected wildlife are owls, hawks, and the only species of turtle native to California. The groups filed the legal challenge in federal district court in Sacramento.

The Stanislaus is a popular forest destination area in the Sierra Nevada mountains, offering exceptional opportunities for hiking, camping, backpacking, horseback riding, and wildlife viewing. The travel plan gives the green light to noisy and highly destructive dirt bikes, all terrain vehicles, and other off-road vehicles to cross into unroaded areas, fragile streams and meadows. All told, the decision opens 136 miles of unauthorized off-road trails and 67 miles of dirt roads that were previously closed to the public.

“Everyone has the right to enjoy the forest, but nobody has the right to abuse it. Before opening up new areas to off-road vehicles, the Forest Service needs to close existing roads and trails that are destroying forest resources,” said Earthjustice attorney Erin Tobin.

A long-standing “don’t ask don’t tell” policy in the Stanislaus has allowed all-terrain vehicles and dirt bike motorcycles to carve steep routes up rutted hillsides and across forest streams while forest officials looked the other way. These illegal routes cause hillsides to erode when it rains. Sediment carried in runoff buries fish eggs in streams, destroys meadows and wetlands, and causes other ecological damage.

In the 1970s, Presidents Nixon and Carter ordered the Forest Service to better protect plants, water, and wildlife from off-road vehicles and to close areas damaged by off-road vehicles, but Forest Service officials delayed putting in place needed protections in the Stanislaus. In addition, the Forest Service has an over $50 million road and trail budget shortfall, meaning that it cannot afford to maintain the existing system of roads and trails, much less over 200 miles of additional roads and trails. In spite of this, the Forest Service issued the new travel plan in November 2009 which guarantees continued destruction of the forest.

Biodiversity Hot Spots More Vulnerable to Global Warming Than Thought

http://www.sciencedaily.com/releases/2010/06/100607165746.htm

ScienceDaily


(Aug. 12, 2010) — Global warming may present a threat to animal and plant life even in biodiversity hot spots once thought less likely to suffer from climate change, according to a new study from Rice University

Research by Amy Dunham, a Rice assistant professor of ecology and evolutionary biology, detailed for the first time a direct correlation between the frequency of El Niño and a threat to life in Madagascar, a tropical island that acts as a refuge for many unique species that exist nowhere else in the world. In this case, the lemur plays the role of the canary in the coal mine.

The study in the journal Global Change Biology is currently available online and will be included in an upcoming print issue.

Dunham said most studies of global warming focus on temperate zones. “We all know about the polar bears and their melting sea ice,” she said. “But tropical regions are often thought of as refuges during past climate events, so they haven’t been given as much attention until recently.

“We’re starting to realize that not only are these hot spots of biodiversity facing habitat degradation and other anthropogenic effects, but they’re also being affected by the same changes we feel in the temperate zones.”
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Earthjustice Joins Lawsuit Seeking Protections for Marine Ecosystems in Gulf

EarthJustice.org
Oil and gas drilling surveys disruptive on ocean animals

August 10, 2010
New Orleans, LA — Public interest law firm Earthjustice has joined a lawsuit against the Bureau of Ocean Energy Management, Regulation, and Enforcement to challenge its approval of seismic surveys that are known to harm marine life in the Gulf of Mexico.

The Natural Resources Defense Council, Center for Biological Diversity, Sierra Club and the Gulf Restoration Network had filed the lawsuit on June 30 to challenge BOE (formerly known as the Minerals Management Service) to conduct thorough environmental analyses before permitting these gas and oil exploration activities. Earthjustice entered the challenge and is representing the Gulf Restoration Network.

“We are challenging these surveys because they run the risk of adversely affecting key animals in the ocean ecosystem,” said Steve Roady, Earthjustice attorney. “The Gulf of Mexico oil spill is only the latest in a number of environmental assaults on these animals and we’re hoping to ensure that the government adequately analyzes the impacts of further exploration and development.”

Seismic surveys are used to help locate regions for oil and gas development and generate very high sound levels in the ocean. This sound can travel literally thousands of miles underwater and impact marine mammals and fish – whales and dolphins in particular – who rely on sound for virtually every life function. Numerous scientific studies found that excessive noise in the ocean is a significant and growing problem for marine ecosystems. BOE’s failure to conduct environmental analyses violates the National Environmental Policy Act.

There are as many as five regional seismic surveys conducted at any one time and more than 30 surveys conducted annually in the Gulf of Mexico. The surveys cover large areas and often are conducted 24 hours a day, seven days a week.

The lawsuit calls on BOE to prepare an Environmental Impact Statement before granting permits for seismic surveys. It also, as required by NEPA, asks BOE to evaluate the cumulative effects of the seismic surveys that are currently taking place. Finally, it asks BOE to prepare additional environmental analyses when new information related to the environmental impact of seismic surveys becomes available.

EPA Adopts Strong Protections Against Air Pollution from Cement Kilns

EarthJustice.org

Mercury, other toxic air pollutants reduced up to 92%

August 9, 2010
Washington, D.C. — Environmental Protection Agency Administrator Lisa Jackson today announced the nation’s strongest air pollution rules for over 100 cement kilns across the country. The move will result in significant pollution reductions of mercury, fine particle pollution, hydrochloric acid, and total hydrocarbons from the cement manufacturing industry. The EPA was under a settlement agreement to finalize the rule by Aug. 6 after environmental groups won a challenge in federal court to the agency’s previously weak emission standard.

The EPA estimates that cutting air pollution from cement kilns could result in up to 2,500 premature deaths avoided each year. The EPA also estimates benefits from cutting this air pollution of up to $18 billion annually, starting in 2013 when the rule takes effect.

Some cement kilns are huge mercury polluters. In 2008, the Ash Grove Cement Co. in Durkee, OR, reported emitting over 1,500 pounds of mercury from its stacks, making it the 5th biggest mercury air polluter in the country.

According to the EPA, today’s rule:
Cuts 16,600 pounds of mercury, roughly 92%
Cuts 11,500 pounds of particulate matter, roughly 92%
Cuts 5,800 pounds of hydrogen chloride, roughly 97%
Cuts 10,600 pounds of total hydrocarbons, roughly 83%

Mercury is a dangerous neurotoxin that interferes with the brain and nervous systems, resulting in birth defects, loss of IQ and developmental problems. Particulate matter causes serious health impacts on lungs and breathing, including decreased lung function, aggravated asthma, irritation of the airways, coughing or difficulty in breathing. Hydrogen chloride also causes respiratory problems such as coughing, irritated nose and throat, and heart problems.

Additionally, the EPA also announced that it was moving towards proposing limits on greenhouse gas pollution from cement kilns. This effort will move forward separately from today’s announcement to clean up mercury and other toxic air pollution from these kilns. The agency said that cement kilns are the 3rd largest industrial emitters of greenhouse gases and that there appear to be cost-effective technologies to curb those emissions.

Modernizing older cement kilns with technologies such as scrubbers and activated carbon injection will help to create more jobs for the cement industry and will help preserve jobs in existing communities. The1990 amendments to the Clean Air Act mandated that major air polluters such as cement kilns must limit toxic air pollutants such as mercury, hydrogen chloride, and organic hazardous air pollutants, among others. In a decision issued during the Bush administration, the U.S. District Court for the District of Columbia found that EPA had been “grossly negligent” in making efforts to comply with the Clean Air Act’s air toxics requirements.

“We’re glad that EPA saw fit to write a single strict standard for these pollutants that will apply to every cement kiln in the U.S.,” said Jim Schermbeck, with the Dallas, Texas-based group Downwinders At Risk. “All Americans deserve the same level of protection from toxic emissions from these facilities, regardless of where they live.”

“Parents across the nation should be pleased that the EPA issued rules today significantly reducing pollution from cement kilns. Many of those pollutants have severe adverse impacts on kids’ health: lead, mercury, and particulate matter all impact young children’s neurological development and breathing. Kudos to the EPA for putting children’s health over the profits of the cement industry,” said Jane Williams, longtime activist on cement kiln pollution and chair of the Sierra Club air toxics task force.

“We’ve been living with the pollution from the Lafarge Cement plant in Alpena for decades,” said Bill Freese, Director for Huron Environmental Activist League. “Cleaning up toxic air pollution from this cement plant and dozens more just like it across the country will mean cleaner air, fewer hospital visits, and better living for all.”

“For years, the cement industry has gotten a free pass to pollute our air and water,” said Earthjustice attorney James Pew. “Previous administrations ignored the law and turned a blind eye towards the cost of pollution on our health and environment. Under Lisa Jackson, the EPA has taken the necessary steps to finally curtail some of the biggest polluters and clean up our air and water. Today’s announcement will save lives and prevent suffering from cement kiln pollution’s devastating health effects for thousands of Americans.”

“We urge EPA to adopt protective limits on greenhouse gas emissions from cement kilns in a speedy and efficient manner,” said Earthjustice attorney Tim Ballo. “As legislation in Congress to curb greenhouse gases stalls, EPA must commit to use its authority under the Clean Air Act and set a firm timeline that ensures cleanup of major stationary greenhouse gas sources.”

Regional Kiln Information
According to the EPA’s own Toxics Release Inventory, the Ash Grove Cement Co. facility in Durkee, Oregon, spewed 1,508 pounds of mercury from its stack in 2008 alone, making it the largest mercury-emitting cement kiln, and the 5th biggest mercury polluter of any kind in the country.
The Lehigh Southwest Cement Co. in Tehachapi, California pumped 945 pounds of mercury into the air in 2008, according to the Toxics Release Inventory.
The Lafarge site in Alpena, Michigan is a five-kiln plant, and in 2008 emitted 359 pounds of mercury, according to the latest data from EPA’s Toxics Release Inventory. The Alpena cement plant is of particular concern because it sits on the banks of Lake Huron and in close proximity to residential areas of Alpena.
In the San Francisco Bay Area, Lehigh Southwest Cement Co. operates a kiln in Cupertino, California. The kiln reported emitting a staggering 587 pounds of mercury pollution in 2008 to the EPA’s Toxic Release Inventory, making it the nation’s 4th worst mercury-emitting cement kiln. This kiln is located within a major residential area in close proximity to several Cupertino schools. It is also located within five miles of the San Francisco Bay, which is currently contaminated with mercury.

How you can help Pakistani flooding victims

Click to Donate to the flood victims in Pakistan

The International Rescue Committee (IRC)  is on the ground providing aid to victims of the worst flooding in Pakistan’s modern history. At least 1,400 people have been killed and three million people have been affected by the devastating monsoon rains.

The IRC, a global leader in humanitarian assistance, has been providing lifesaving aid in Pakistan for 30 years, and is already working in the areas hit hardest by the floods, including Charsadda, Kohat, Lower Dir, Nowshera, Tank, Mardan and Swat. Last year, many of these same areas were affected by fighting between militants and government forces that uprooted millions of people.

The IRC will also focus on providing clean water, sanitation, shelter and essential supplies to those who have fled the rising waters. With their robust network of local staff and partners already on the ground — and decades of experience responding to emergencies in Pakistan — the IRC is well-positioned to help families in dire need.

You can read about the IRC’s  emergency response efforts here. To donate, click here, or on the badge above.

CORAL

Discover Who We Are and
What We Do

We’re excited to share with you two new videos that tell the story of CORAL’s mission and the impact we are having in our effort to unite communities to save coral reefs. Enjoy hearing from legendary oceanographer Dr. Sylvia Earle while we take you on a visual journey to our coral reef communities!

Watch the Videos

Earthjustice Joins Challenge to Industry’s Attack on Air Pollution Rules

Earthjustice.org
Decades-old rules have protected public from significant air pollutants
August 6, 2010
Washington, D.C. — Yesterday evening public interest law firm Earthjustice joined several environmental organizations in opposing industry lawsuits that seek to undermine crucial air pollution rules. Earthjustice is representing the Environmental Defense Fund in this intervention in the United States Court of Appeals for the D.C. Circuit to protect air pollution limits the U.S. Environmental Protection Agency adopted in 1978, 1980 and 2002. Known as the “prevention of significant deterioration” (PSD) program, the rules require large new factories and power plants to install the best available control technology to limit air pollutants and prove they will not violate clean air standards or significantly degrade air quality.

The following statement is from David Baron, managing attorney for Earthjustice:

“Major polluting industries are attacking long-settled rules that have protected our lungs and pristine areas from dangerous pollution for decades.

“An attempt to weaken these longstanding clean air protections is like trying to bring back the days when cars didn’t need seat belts. These vital clean air rules have been in place for more than 30 years, and the time for challenging them passed long ago. If anything, the evidence today shows we need more, not less protection from air pollution.

House Passes Oil Spill Response Legislation

EarthJustice.org

A Losing Bet: Why Investors Are Turning Away From Coal-Fired Power

Bill will help prevent future oil and gas drilling disasters
July 30, 2010
Washington, D.C. — By a vote of 209-193 the House passed the Consolidated Land, Energy, and Aquatic Resources (CLEAR) Act of 2010 which will directly address the crisis in the Gulf of Mexico and better protect America’s coastal environment and economies.

The following statement is from Jessica Ennis, Legislative Associate at Earthjustice:

“The Deepwater Horizon disaster has clearly shown us that oil and gas drilling pose serious risks to the environment and coastal communities. The disaster highlighted inadequacies with current regulations governing offshore drilling and the CLEAR Act takes important steps to reform this process.

“While we are pleased with the passage of such important legislation, we are disappointed that the Melancon amendment passed. This changes the terms of the current temporary moratorium in the Gulf of Mexico and we hope that this provision is deleted before the president signs it into law.

“However, there are still good points to this bill. It will strengthen environmental and safety laws that govern offshore drilling. It brings common sense reforms to the process by stepping up environmental reviews and it strengthens the requirements of oil spill response plans.

“This legislation also repeals two exemptions that made onshore drilling more risky. First, the bill closes a loophole for oil and gas construction, so industry will now be required to obtain stormwater permits for construction projects. The second exemption will ensure that appropriate NEPA review is complete before oil and gas activity on federal land is permitted.

“We are pleased to see Congress reining in the oil and gas industry and moving swiftly to usher in an era of accountability.”

Sustainable Architecture: Learning from Nature & The Magic of Symbiosis

Those who are inspired by a model other than Nature, a mistress above all masters, are laboring in vain—Leonardo daVinci

Falling Waters

Frank Lloyd Wright - Falling Waters

In addition to my work as an environmental scientist, I’m a science fiction author of several novels and short stories. The alien race in my book “Collision with Paradise” live 100% sustainably in a cooperative and synergistic partnership with their environment, including intelligent organic houses with self-cleaning floors and walls, heated, fueled and lit by organisms in a commensal relationship. Everything works on a natural cycle of harmonious renewal and natural evolution.

Science fiction? Think again. Science fiction is turning into fact.

Architects Bob Berkebile and Jason McLennan wrote, “In the future, the houses we live in and the offices we work in will be designed to function like living organisms, specifically adapted to place and able to draw all of their requirements for energy and water from the surrounding sun, wind and rain.  The architecture of the future will draw inspiration, not from the machines of the 20th century, but from the beautiful flowers that grow in the landscape that surrounds them.”(The Living Building: Biomimicry in Architecture, Integrating Technology with Nature)
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US EPA and Army Corps To Follow Critical Clean Water Act Guideline in Mountaintop Removal Mining Permits

EarthJustice.org

Agencies issue joint pledge to follow science and law
July 30, 2010
Washington, D.C. — Today in an important new directive, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers announced jointly that they will begin following a longstanding requirement of the Clean Water Act designed to protect streams. Their joint guidance will bring robust scientific analysis into the process of permitting mountaintop removal mining projects.

For 30 years, the Clean Water Act has required that the Corps assess a proposed mine’s impact on both the structure and the function of affected streams — meaning not just the physical characteristics or how a stream looks, but also the biological processes of a stream ecosystem and how it works. But in practice, the Clean Water Act’s requirement to assess stream function has been ignored.

As of today, the EPA and the Corps will consider the impact that mountaintop removal mining waste will have on the ecosystem functions, in addition to the structure, of streams before permitting mining companies to dump waste into these waterways. The agencies’ new joint guidance is an important recognition that both of these scientific assessments are required by the Clean Water Act.

Until now, mining companies have been allowed to completely bury streams with their mining waste and then dig drainage ditches to replace them, even though those ditches could not make up for the loss of a functioning, natural stream. Today’s joint guidance makes clear that from now on, the agencies will evaluate the impacts of burying streams on stream functions when deciding whether to issue mountaintop removal mining permits.

For the last five years, the public interest law firm Earthjustice has been working in the courts on behalf of three West Virginia community environmental groups to urge the EPA and the Corps to adhere to the science and the Clean Water Act, including this requirement to assess stream functions. Earthjustice, along with its co-counsel Appalachian Center for the Economy and the Environment and Public Justice, represented Appalachian groups Coal River Mountain Watch, Ohio Valley Environmental Coalition, and West Virginia Highlands Conservancy in the case.

Earthjustice’s litigation on behalf of these groups most recently led to a petition to the U.S. Supreme Court, which asked the Court to review a closely divided decision by the U.S. Court of Appeals for the Fourth Circuit in a controversial mountaintop removal mining case. With today’s action, these groups believe the agencies have corrected the problem that was presented in the Fourth Circuit case and the Supreme Court petition.

The following statement is from Earthjustice attorney Steve Roady:

“Decades of mountaintop removal mining have taken a serious toll on Appalachia. We’re pleased the EPA and the Corps have committed to work together to follow Clean Water Act requirements that have been on the books for decades, and to take the health of Appalachian communities and their environment seriously.

“For 30 years, mining companies have been completely burying streams with their waste. Their permits have allowed them to do so as long as they dig some drainage ditches and call them ‘streams.’ This is a travesty. A ditch does not equal a healthy, functioning stream. This destruction kills wildlife, contaminates water supplies, and harms the health of whole communities.

“Following valid science and meeting legal duties under the law is what we should expect of our government, and so it is a sign of progress to see this unified action today by the EPA and Army Corps of Engineers.

“We’re looking forward to watching these two agencies, which have a duty to prevent significant degradation to Appalachian waterways, fulfill their commitment. We applaud the Corps and EPA for recognizing what the law and science require: the protection of streams and communities. We will continue to urge these agencies to take meaningful action to guarantee that our streams are no longer the dumping grounds for mining waste