Despite Skepticism, The Environment Is Getting Its Due

Opinion polls following the so-called climate-email-gate fracas reflected a growing skepticism in America about the state of the environment. Despite the overwhelming evidence, too many people want to latch on to red herrings that "prove" there's nothing to worry about as we pollute ourselves into oblivion. As long as the doubt, denial and lack of responsibility exists, we will continue to end up with less than adequate international frameworks such as what happened in Copenhagen last year.

With that said, there are glimmers of hope. Since the Obama Administration took over, the E.P.A. has become much more friendly towards environmental groups. The N.R.D.C. for example, is finding willing partners in the Executive bureaucracy instead of the adversaries that held their posts during the Bush era.

The E.P.A. is showing some muscle, by utilizing the Clean Water Act in order to regulate carbon dioxide emissions:

WASHINGTON — The Environmental Protection Agency is exploring whether to use the Clean Water Act to control greenhouse gas emissions, which are turning the oceans acidic at a rate that's alarmed some scientists.

With climate change legislation stalled in Congress, the Clean Water Act would serve as a second front, as the Obama administration has sought to use the Clean Air Act to rein in emissions of carbon dioxide and other greenhouse gases administratively.

Since the dawn of the industrial age, acid levels in the oceans have increased 30 percent. Currently, the oceans are absorbing 22 million tons of carbon dioxide a day.

Among other things, scientists worry that the increase in acidity could interrupt the delicate marine food chain, which ranges from microscopic plankton to whales.

While nothing is going to happen until at least November (to allow for a public comment period and other research), it is a step in the right direction.

Meanwhile here in New York, environmental advocates scored a huge victory last week along a similar route in regards to the Indian Point Nuclear Power Plant. With so many inherent dangers at Indian Point, it is heartening to see that the judicial system can recognize at least one of the harmful effects of outdated and unsafe nuclear power. Water is the most precious of all resources, and we as a society must realize and respect that fact.

While President Obama may tout nuclear energy alongside renewables, it is imperative to fight for the cleaner alternatives regardless. If the utilization of the Clean Water Act is what does the trick, then that is a strategy the left must lean on more heavily going forward.

Brooklyn Paper Makes Excuses For Superfund Cleanup Of Gowanus

I know the buyout of the Brooklyn Paper to NewsCorp was bad news, but for them to subtly side with the city over whether the EPA should come in and make Gowanus a Superfund site is just a little too unseemly. Although they do not specifically advocate for letting the city do what it wants (letting Toll Bros. develop 460 condo units and a not-so-thorough cleanup of the canal), reading between the lines in the "City could be holding bag for feds’ Gowanus clean-up" article isn't too hard to do.

From The Brooklyn Paper:

Despite its name, the Superfund is not a pool of money that federal officials tap into for environmental remediation. In fact, one goal of Superfund designation is to identify guilty polluters and get them to pay to clean up toxic sites.

But there is a long history of towns and municipalities being forced by the EPA to open up their checkbooks to pay for decontaminating polluted land. In February, for example, the upstate cities of Poughkeepsie and Newburgh were held responsible for hazardous material on a car and metal processing plant, and had to cough up $12 million.

Well since the city has pretty much neglected any kind of cleaning of the canal for decades, the city does share some of the blame here. Just because there is some concern now that developers show interest in the area doesn't mean NYC has made a good-faith effort on its own.

Cleaning up the Gowanus, with its dioxins, PCBs, coal tar — and, more important, tens of millions of gallons of raw sewage that spills into it on rainy days — would be considerably more expensive.

The EPA says local governments are usually minor defendants in their suits, but industrial companies have sought big bucks from cities to defray the costs they have to pay to the EPA. In a case from 1989, companies joined together to sue 29 California cities for $500 million as part of a Superfund battle.

The EPA says it does not yet know who would be targeted if the Gowanus Canal is added to the national priority list of Superfund sites, a controversial proposal first floated earlier this month.

Amid this new debate, a clearer picture began to emerge this week about why Gov. Paterson secretly appealed in December for federal assistance with the cleanup of Brooklyn’s infamous channel. It turns out, state officials now believe that their highly touted efforts are neither adequate to clean the area, nor powerful enough to identify parties responsible for the pollution.

Of course it is expensive! Good for Paterson for realizing what a serious job this for enlisting help from the Feds. Whoever they find liable for the damage to the area should pay for it, from the oil and chemical companies to the City of New York. Putting the area back together again should be concern #1, not giving into the Toll Brothers who do not want the stigma of a Superfund site attached to the area. The Gowanus is already toxic, the label from the feds won't change that. If anything, long-term rehab of the canal will improve lives and any living conditions that eventually take place there.

Some environmentalists say the Superfund designation is the only way to get a comprehensive clean-up of the so-called Lavender Lake. But other do-greeners point out that remediation can take decades, cost far more than anticipated, and not always work.

"Some environmentalists" links to another Brooklyn Paper article that highlights three toxic cleanup projects in New Yorkthat took years and millions upon millions of dollars to undertake. What do they expect, that the EPA can just go to an area that was polluted for decades with a magic vacuum cleaner that will suck up all the bad chemicals? Developers might like the sound of that, but it doesn't work that way in the reality-based world. The awful truth of the matter is that Gowanus is a filthy canal that needs a serious rehabilitation that will take years if not longer. Putting the wishes of developers and the politicians that love them ahead of the safety of the area is simply unacceptable.

Obama's EPA Notices The Infamous Gowanus Canal

For years decades well over a century, the Gowanus Canal that runs through Brooklyn has been a polluted man-made waterway. Even though many factories that used to line it are gone, the pollution is still there and it is still a problem. Although there have been many complaints, few have impressed the ears of the powerful. Now that Obama is in office (and with so many New Yorkers scattered about the White House) things are about to change.

From The Gothamist:

The Gowanus Canal, which has long been festering with gonohorrea, may be on the road to getting cleaned up. OTBKB reports that the EPA is likely adding the 1.8 mile long waterway to their Superfund National Priorities List (NPL), meaning the agency would take a look at the contaminated site and work towards bettering it. In their press release, the EPA begins at the beginning, saying, "The canal was built in the 19th century to allow industrial access into Gowanus Bay. After its completion in the 1860s, the canal became a busy industrial waterway, acting as the home to heavy industries, including manufactured gas plants, coal yards, concrete-mixing facilities, tanneries, chemical plants, and oil refineries. It was also the repository of untreated industrial wastes, raw sewage and runoff." All that history, and it still has heavy kayak activity.

Now that's change Brooklyn can believe in! Though I wonder how they'll get rid of the gonohorrea? Can you treat a canal with penicilin?

RFK Jr. As Head Of E.P.A. Would Be A Blessing For Us All

As the names peek out of the hat of a potential Obama Administration Cabinet, the difference between the current President and the next truly show the significance of what happened three days ago. Americans wanted change and they are going to get it. Over the last eight years, the EPA has suffered tremendously in its effectiveness to regulate polluters of the environment and many within have actively worked to hurt our planet for the benefit of the fossil fuel industries. Christie Todd Whitman was a joke and Stephen Johnson has actually tried to fight states who want to be more environmentally friendly. So who could Obama replace him with?

From The Times Union:

Robert F. Kennedy Jr., founder of the New York-based water-protection group Waterkeeper Alliance, is interested in the Cabinet-level job, said Chris Navitsky, who heads the nonprofit group Lake George Waterkeeper.

Navitsky, whose organization is part of Waterkeeper Alliance's 177 programs around the world, said the telephone lines and e-mails have been buzzing about Kennedy in recent days as his fellow directors consider the possibility that he could be the nation's chief environmental officer.[...]

He wondered if Kennedy, an environmental lawyer with a long history of suing polluters, would face spirited opposition from some past adversaries during potential confirmation hearings.

"It will be interesting to see how influential some businesses might be in this. Bobby is despised by some sectors, like coal and power plants," said Navitsky.

Despised by them, loved by those of us that want to see the Earth taken care of. This is a new beginning for our nation and unlike what many Republicans tried to claim, it is much more than just words of change, it will be actual, ground-breaking and Earth-shattering (shattering in a good way) change. It is time to put the people first, not the industries that continue to pollute our planet. Cheers to a possible RFK, Jr. EPA!

Have Some Rocket Fuel With That Water Johnny

As human beings, there are essential items that we need to survive. Water, vitamins and minerals along with carbohydrates, proteins and fats are the six things that are necessary for life. Keeping each of those as pure as possible in our industrialized world has become a chore but one that we have entrusted to the government.

Agencies such as the FDA, NRC, USDA and the EPA were put in place so that we could live in a cleaner and safer world while we continue to scientifically and technologically advance. However, with the Bush Administration in charge for the last several years none of those have really performed the roles they were assigned and today's example of Bush's disdain for government regulation is particularly frightening.

From USA Today:

WASHINGTON (AP) — The Environmental Protection Agency has decided there's no need to rid drinking water of a toxic rocket fuel ingredient that has fouled public water supplies around the country.

EPA reached the conclusion in a draft regulatory document not yet made public but reviewed Monday by The Associated Press.

The ingredient, perchlorate, has been found in at least 395 sites in 35 states at levels high enough to interfere with thyroid function and pose developmental health risks, particularly for babies and fetuses, according to some scientists.

The EPA document says that mandating a clean-up level for perchlorate would not result in a "meaningful opportunity for health risk reduction for persons served by public-water systems."

The conclusion, which caps years of dispute over the issue, was denounced by Democrats and environmentalists who accused EPA of caving to pressure from the Pentagon.

Yeah, perchlorate isn't the healthiest of things to consume. The effects are even scarier than the word lets on. The fact that the EPA knows the damage perchlorate can cause and then turns around to shrug their shoulders is horrifying and unconscionable. Yet in the context of the Bush Administration, it is simply part of the status quo.

NY And Others To Sue Bush Over Auto Emission Standards

The Bush Administration obviously does not care about combating global warming in an aggressive way, but that doesn't mean we must follow his lead. Bush had his E.P.A. headed by Stephen Johnson to deny emission waivers to New York, California and others who wanted to curb auto emissions with better efficiency than the President's legislation dictated. Of course, that isn't going to stop the multitude of states that care about mandating environmental change, despite what the auto industry wants gift-wrapped by George.

From The Times-Union:

ALBANY -- New York will sue to challenge the U.S. Environmental Protection Agency's blocking of efforts by major states to reduce vehicle greenhouse gas emissions.

"This is not the last word on this crucial issue. We will be suing," said Judith Enck, deputy environmental secretary to Gov. Eliot Spitzer. "We need every tool we can get to combat global warming."

On Wednesday, the EPA denied a request by California, which has its own vehicle emissions standards, for a waiver under the Clean Air Act to make further cuts starting in 2009. New York and 16 other states were waiting for federal permission to follow California standards.

California Gov. Arnold Schwarzenegger also said Thursday he will sue to reverse the EPA's decision, which was given two years after California's request, and only after the state sued to force action. The EPA initially argued it had no authority over greenhouse gas emissions, but the Supreme Court ruled otherwise in a Massachusetts case.

With a little over a year left in his term, Bush is limping out (despite Congress' best efforts) as the worst President ever and despised by more Americans than any other in history. Out of 43, he is in dead last. Everyone knows he'll side with a campaign-contributing industry that hurts the environment over the health and well being of the people in a heartbeat. His decision is no surprise to anyone, but that does not mean we need to take it. Thankfully there are Governors out there like Spitzer and Schwarzenegger that are willing to challenge him on this important issue.

Bush Administration Denies California A Chance To Have Cleaner Air

The Bush Administration gave a nice fat victory to automakers today in California. The state is mired in air pollution problems across the state, from Fresno to the L.A. basin and neighboring Riverside County. I remember growing up there and the air in New York City is fresh and clean compared to L.A. The smog hanging over the valleys was so disgusting....well, enough about childhood memories. California wanted to do something about the problem, but Bush's EPA denied their waiver to the new Federal laws.

From The New York Times:

Had the E.P.A. agreed to the waiver, California and other states would have enacted rules requiring the auto companies to achieve a 30 percent reduction of emissions by cars, trucks and sport utility vehicles by 2016. The rules were set to begin taking effect with 2009 model year vehicles, some of which go on sale as soon as next month.

Twelve states — Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington — have adopted the California emissions standards, and the governors of Arizona, Colorado, Florida and Utah have said they planned to do so.

The primary way for emissions to be reduced in automobiles is by improving fuel economy. Automakers must now achieve 27.5 m.p.g. for cars, and 22.2 m.p.g. for light trucks, including S.U.V.s and pickups.

Bush's plan mandates a 35mpg standard by 2020, but California and the other states following their lead wanted to step it up a few notches. Car makers complained about having to improve fuel economy, so the E.P.A. dragged their feet at first, but finally made this terrible decision after being ordered to by the courts.

Needless to say, environmental groups are not too pleased:

"This decision is like pulling over the fire trucks on their way to the blaze," said Fred Krupp, president of Environmental Defense, which supported the waiver. "For 40 years, E.P.A. administrators have recognized the important role that California plays in innovating new standards to fight pollution."[...]

"By blocking the California standards, the administration has stuck a thumb in the eye of 18 governors from both red and blue states who have led the way on global warming by adopting these landmark rules," said David Doniger, climate center policy director for the National Resources Defense Council.

How anyone besides the automakers could be happy about this seems impossible. Well, perhaps the freaks inside the White House as well.

Judgment Day A Comin For Christine Whitman

As one ex-Bushie admits his guilt today, another is getting set to defend herself from prosecution over September 11th. Christine Whitmann headed the EPA when those two planes took out the World Trade Center towers. She was influential in getting people to come back to Lower Manhattan while the air was still filled with a toxic stew of chemicals that have killed or injured an unknown amount of people either working or living in the area. Obviously, some people are mad at her for her role in opening up Lower Manhattan...but only a judge can decide if she can be sued for her crimes.

From WNYC:

NEW YORK, NY December 10, 2007 —Today, a federal appeals court will hear arguments on whether the federal government and former Environmental Protection Agency head Christine Todd Whitman can be sued for statements about conditions after 9/11. WNYC’s Fred Mogul has more.

A group of 8 lower Manhattan residents, office workers and students are suing Whitman and the EPA over what they allege was misleading encouragement to reoccupy the area in the weeks following 9/11. Government attorneys say Whitman cannot be held liable and filed a motion to dismiss.

A lower court judge rejected that argument last year. In saying the case should go forward, Judge Deborah Batts said Whitman’s actions had been “conscience-shocking." A different federal judge in a similar-but-unrelated lawsuit ruled otherwise and granted Whitman immunity. Those plaintiffs, mainly Ground Zero workers, are also in the process of appealing.

Conscience-shocking doesn't even begin to describe her actions. Giving the all clear when she knew the air was not safe to breathe should be considered a crime against humanity, or at least New Yorkers. It is like telling someone to walk into a gas chamber so they can smell some roses. Clearly, Whitman should be able to be prosecuted to the fullest extent of the law...those victims deserve justice.

A Victory For The Environment

Although American Electric Power made no admission of guilt, their pocketbook paid a heavy price today in court and the benefits go to the air we breathe. After years of litigation, one of the largest generators of energy on the East Coast will pay millions in fines and billions to mitigate the damages they have done to the environment. Their neglect has led to acid rain and all the effects that it causes. Now the sixteen power plants they operate on this side of the Mississippi will be retooled at the cost of $4.6 billion dollars to reduce the amount of poisonous gases they emit.

From RawStory:

"The AEP settlement will have an unprecedented impact on air quality in the eastern United States," said Ronald Tenpas, acting assistant attorney general for the Justice Department's environment and natural resources division.

"This settlement is a major victory for the environment and public health, and it demonstrates our continued commitment to vigorous enforcement of the Clean Air Act," he said.

Joined by eight eastern US states and several environmental groups, the federal government accused AEP of making major changes to its power plants that drove up noxious pollution without first getting regulatory approval.

AEP denies any illegal activities, opting instead to sneak out of admitting their guilt by the "consent decree." Basically it is a legal loophole that infers they did something that has forced them to pay for their actions. Sometimes we need to compromise with the polluters so that ultimately we pay attention to the big picture instead of just incarcerating all the bad guys. It isn't ideal, but I think that in this case it is good enough.

Deconstructing The Deutsche Bank Again

The EPA and the LMDC came to an agreement yesterday on how to temporarily proceed with plans to demolish the rest of the Deutsche Bank building on 130 Liberty. More than six years after it was damaged by the 9/11 attacks, it still stands there with what looks like giant fishnets on its sides. The EPA publicly condemned the Lower Manhattan Development Corp. for its lack of safety and concern for those that work and live in the downtown area. The lapses in safety ultimately led to two firefighters losing their lives last month when a fire broke out in the hulking abandoned mess of a building.

There have been a lot of financial problems that contributed to the problems at 130 Liberty St. Insurance money did not come in at first, the federal government under George Bush did next to nothing and still to this day does not adequately fund New York City for what happened in 2001.

Avi Schick is now the head of the LMDC which was charged with taking down the Bank building earlier this year after Spitzer was inaugurated. To his credit, he has only been there a few months despite the fire occurring during his watch. Still, that building should have been inspected up and down. Since it wasn't, debris in the stairwells and a non-existent water system indirectly killed two brave souls of the FDNY.

The criminal investigation is still in its preliminary stages, but that does not mean we should just slowly forget about it and let them publish a slap on the wrist in a Friday news dump sometime next year. Someone is going to be held accountable for their (in)actions whether they like it or not.

While We Remember....Remember The Deutsche Bank Building

I couldn't help myself this morning, I turned on the TV where I was at and saw the memorial service. It was on every channel so when I tried to change it...it kept going. Hearing the names is tear-jerking, especially when the reader would finish their turn by remembering their friend, cousin, brother, etc. I tried MSNBC but was simultaneously hit twice in the face by the images of the burning towers and Katie Couric's voice. Thankfully I found Comedy Central after an hour for the "lighter" news about Bush's visit to Anbar.

Anyways, while watching the memorial, every once in a while the camera would pan out to show the fish-net covered Deutsche Bank building on Liberty Street. Six years later it still stands there, partially removed yet towering over the site as a powerful reminder.

Of course the demolition is now stopped again due to the horrific fire that killed two more of New York's Finest a few weeks ago. Apparently the agency running the site did not care enough to make sure there were any safety measures employed which led to there being no water for the firefighters that perished last month.

Now city, state and federal officials are treating the situation with kid gloves, trying to look like they are doing the right thing. Though things aren't off to the best start since federal authorities are slamming the state of New York for not doing enough even now to combat air quality problems.

I understand that the development corporations want to get everything done and finished so the new towers under way will look nice and pretty. But I really don't care. Safety comes first, no ifs ands or buts. After everything that has gone down in the last six years when it comes to air quality, the people who live and work in Lower Manhattan deserve better. What needs to be done now should have been taken care of five years ago, but it still needs to be done.

9/11 Air: The Guility Attack The Guilty

Ex- E.P.A. Director Christie Todd Whitman is about to testify to Congress tomorrow about how she mishandled the situation after the towers collapsed. But first she gave an interview to WNBC to do what almost all Republicans do before having to testify, blaming someone else. To her credit, she is aiming high, going after Presidential front-runner Rudy Giuliani. But of course, the truth lies in the middle, both of them are to blame for masking the quality of the air.

From The Daily News:

In an interview scheduled to run the day before Whitman testifies in front of Congress on Monday, she told WNBC-TV she warned the city of the risks almost every day.

And she said she believes illnesses killing first responders can be blamed on the city's lack of action.

"I'm not a scientist ... but I do [believe that]," she told WNBC's Brian Thompson.

Whitman specializes in political shillery (as do most good Bush appointees), definitely not having to do with anything scientific. She did run the E.P.A. and that certainly does not require any knowledge about science, right? Of course, she was aware that something bad was going on, two massive buildings collapsing into rubble would obviously have an adverse affect on the air quality. But for her to avoid all the blame is ludicrous. Jerrold Nadler (D-N.Y.) is getting ready to question her tomorrow and he already knows she has difficulty telling the truth. Perhaps he can ban the phrase "I don't recall" before the testimony begins.

9/11 Air Victims Screwed By The Courts

The Federal Court of Appeals in Manhattan turned its back on the citizens of Lower Manhattan and the first responders to 9/11 by denying them litigation against the EPA. The Federal Court decided to protect Christine Whitman's awful and deadly declaration that the air was safe to breathe around Ground Zero. I personally feel that these people should be sent to jail for their criminal behavior, but to deny their victims compensation is atrocious.

From WCBS:

The court's decision to throw out a suit brought against then-EPA head Christie Whitman, infuriated lawyer David Worby, who represents thousands of first responders and construction workers who are suing the city.

"There was 400,000 pounds of asbestos, 91,000 liters of burning jet fuels, 125,000 gallons of burning Con Ed transformer oils with PCBs in it, 500,000 units of mercury 200,000 pounds of led, among other things," Worby said. "Should she be let off the hook for saying that was safe? I don't think so."

Exactly! Whitman had to know that there were deadly chemicals in the air, yet to show that America was tough and wanting to work on the scene as soon as possible the government cared nothing about the workers' safety. Now there are people dying from their lung conditions with tens of thousands who are sick from the toxic air.

David Worby should not give up in his quest for justice. The problem is that Bush has been stocking the courts with people that will support his government and not regular people who are made into victims due to unethical actions such as Christine Whitman's.

Newsflash! Greenhouses Gases Are Pollutants

Aren't you shocked at the revelation? For all this time I thought it was healthy to inhale the fumes coming out of the cars on the street. All snarking aside, this is good news because it was the Supreme Court that realized this and made a ruling forcing the EPA to re-examine their refusal to regulate greenhouses gases. The 5-4 decision did not mandate regulations (this is the Roberts court ya know?) but at least it is a step in the right direction.

From The Boston Globe:

The case, brought by 12 states and 13 environmental groups and argued by the Massachusetts Attorney General's office, is the high court's first decision on global warming and is expected to have far-reaching implications for regulating greenhouse gases in the United States.

"In short, EPA has offered no reasoned explanation for its refusal to decide whether greenhouse gases cause or contribute to climate change," Justice John Paul Stevens wrote for the majority.

The EPA had argued that the Clean Air Act did not give it authority to regulate greenhouse gases in part because of "substantial scientific uncertainty" about its harm to human health and the environment.

The EPA and the Bush Administration may try to live in a state of forced delusion over the moral debate over climate change, but this is no longer a political debate. Even the Supreme Court sees it as such, despite its heavy conservative leanings. It is time for the EPA to do their job and help cut greenhouses gas emissions.