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earthjustice
EPA Bans Known Carcinogens Used in Dry Cleaning, Other Industries
"Both of these chemicals have caused too much harm for too long, despite the existence of safer alternatives," said one environmental campaigner.
Dec 09, 2024
The Biden administration's Environmental Protection Agency on Monday announced a permanent ban on a pair of carcinogenic chemicals widely used in U.S. industries, including dry cleaning services and automative work.
According to the Washington Post:
The announcement includes the complete ban of trichloroethylene—also known as TCE—a substance found in common consumer and manufacturing products including degreasing agents, furniture care and auto repair products. In addition, the agency banned all consumer uses and many commercial uses of Perc—also known as tetrachloroethylene and PCE — an industrial solvent long used in applications such as dry cleaning and auto repair.
Jonathan Kalmuss-Katz, a senior attorney at Earthjustice, applauded the move but suggested to the Post that it should have come sooner.
"Both of these chemicals have caused too much harm for too long, despite the existence of safer alternatives," Kalmuss-Katz.
The EPA's decision, reports the New York Times, was "long sought by environmental and health advocates, even as they braced for what could be a wave of deregulation by the incoming Trump administration."
The Timesreports:
TCE is known to cause liver cancer, kidney cancer and non-Hodgkin’s lymphoma, and to damage the nervous and immune systems. It has been found in drinking water nationwide and was the subject of a 1995 book that became a movie, “A Civil Action,” starring John Travolta. The E.P.A. is banning all uses of the chemical under the Toxic Substances Control Act, which was overhauled in 2016 to give the agency greater authority to regulate harmful chemicals.
Though deemed "less harmful" than TCE, the Times notes how Perc has been shown to "cause liver, kidney, brain and testicular cancer," and can also damage the functioning of kidneys, the liver, and people's immune systems.
Environmentalists celebrated last year when Biden's EPA proposed the ban on TCE, as Common Dreamsreported.
Responding to the news at the time, Scott Faber, senior vice president for government affairs at the Environmental Working Group (EWG), said the EPA, by putting the ban on the table, was "once again putting the health of workers and consumers first."
While President-elect Donald Trump ran on a having an environmental agenda that would foster the "cleanest air" and the "cleanest water," the late approval of EPA's ban on TCE and Perc in Biden's term means the rule will be subject to the Congressional Review Act (CRA), meaning the Republican-control Senate could reverse the measure.
In his remarks to the Times, Kalmuss-Katz of Earthjustice said that if Trump and Senate Republicans try to roll back the ban, they will be certain to "encounter serious opposition from communities across the country that have been devastated by TCE, in both blue and red states."
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EPA Sets 'Landmark' Clean Water Rule—But Trump Victory Would Put It At Risk
The Biden-Harris administration's new rule mandating the replacement of lead pipes provides "yet another example of the stark difference between the two presidential candidates," an advocate said.
Oct 08, 2024
The Biden administration on Tuesday set a final rule requiring the replacement of nearly all of the nation's lead pipes within ten years, a clean drinking water initiative that drew praise from public health experts and advocacy groups.
The new rule, which The New York Times and The Washington Post both called "landmark," was brought forth by the U.S. Environmental Protection Agency (EPA) and requires the replacement of an estimated 9.2 million lead service lines serving millions of people across the country. Lead is a neurotoxin that can cause long-term damage to the brain and nervous system, particularly to children.
The administration of former President Donald Trump, the Republican nominee, had "slowed the pace of lead service line replacements," according to Food & Water Watch, an advocacy group.
"We applaud the Biden-Harris administration for strengthening the rule to remove lead from our drinking water," Mary Grant, a campaign director at Food & Water Action, said in a statement. "These long-awaited improvements will replace the weak regulation adopted by Donald Trump, and in doing so, will protect millions of people from lasting harm from this dangerous neurotoxin."
Grant said the new rule highlighted the stakes of the upcoming presidential election, in which Trump faces Vice President Kamala Harris, the Democratic nominee.
"Today's action is yet another example of the stark difference between the two presidential candidates," she added. "Only Vice President Kamala Harris is serious about the safety of our drinking water. A Trump reelection could reverse progress on safe water."
This is a historic victory for public health. Lead pipes have poisoned American drinking water for decades, affecting as many as two-thirds of children under 6 in cities like Chicago.
Clean water is a RIGHT, not a privilege. Thank you, @EPA @POTUS! 👏💧https://t.co/ZQyTt0mMI4
— Progressive Caucus (@USProgressives) October 8, 2024
Lead, prized for its durability, has been used in water pipes since Ancient Rome—the English word "plumbing" descends from the Latin word "plumbum," meaning lead.
Congress banned the construction of new lead pipes in the U.S. in 1986 and passed the Safe Drinking Water Act, which includes regulations on lead, in 1991.
However, phasing out the use of older pipes has gone very slowly, to the frustration of public health experts. There has been "no meaningful improvement in protecting communities" in three decades, until now, according to a statement from Earthjustice, an advocacy group.
"Lead contamination is a longstanding public health emergency, and the Biden-Harris administration's rule is a monumental step forward in addressing the urgent need for safe, clean drinking water," said Patrice Simms, Earthjustice's vice president of litigation for healthy communities.
People of color and on low incomes are disproportionately affected by lead contamination, which is often found in big cities. Chicago has more lead pipes than any other U.S. city.
Flint, Michigan—a majority Black city—faced a public health crisis caused by lead pipes starting in 2014. Then-President Barack Obama signed an emergency declaration and sent aid to the city in 2016. More than 100,000 residents were exposed to elevated lead levels.
Still, the federal government didn't move to tighten lead rules until November 2023, when the EPA issued a proposal to do so. The announcement of the final rule on Tuesday was accompanied by an outpouring of support—and relief.
"A game changer for kids and communities, EPA's finalized lead and copper rule improvements will ensure that we will never again see the preventable tragedy of a city, or a child, poisoned by their lead pipes," Mona Hanna, a pediatrician in Flint and a public health professor at Michigan State University whose research helped expose the crisis there, said in the EPA statement announcing the rule change.
Betsy Southerland, the former director of science and technology in the EPA's water division, also celebrated the agency's move, according to an Environmental Protection Network statement:
The American people have known for over 30 years that there is no safe level of lead and have waited too long for lead pipes to be replaced. Finally, the lead pipes that deliver water to over 9 million homes will be replaced before they damage the mental and physical development of another generation of children. Today is the first time there is an actual deadline for lead pipe replacement to happen and significant financial and technical assistance to get the job done.
The White House is counting on the initiative being popular, especially in swing states in the Midwest. President Joe Biden is scheduled to visit Wisconsin to "tout" the new policy, the Timesreported. The EPA's statement says it will "create good-paying local jobs."
Natalie Quillian, a White House deputy chief of staff, said that "all Americans, no matter where they come from, should have access to their most basic needs, including being able to turn on the tap and drink clean drinking water without fear," according to the Post.
The new rule, in addition to mandating the replacement of pipes, establishes a stricter standard for lead contamination, moving it from 15 parts per billion to 10 ppb and requiring public utilities to provide filters if that level is exceeded. Some advocates had called for a standard between 0 and 5 ppb.
Utilities are expected to challenge the new rule in court, as they've done with the EPA's regulations on "forever chemicals" in drinking water.
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Federal Judge Gives Louisiana Polluters a 'Free Pass' to Harm Communities of Color
"Louisiana has given industrial polluters open license to poison Black and brown communities for generations," and the new ruling from a Trump-appointed judge will only magnify the problem, a campaigner said.
Aug 23, 2024
A right-wing federal judge in Louisiana on Thursday permanently blocked two federal agencies from enforcing civil rights legislation that could protect Black communities from disproportionate pollution in the state, drawing condemnation from environmental justice advocates.
The two-page ruling, issued by U.S. District Court Judge James Cain, who was appointed to the federal bench in 2019 by then-President Donald Trump, is a setback in the push for accountability for corporate polluters, most notably in "Cancer Alley," a roughly 85-mile stretch that runs along the Mississippi River from Baton Rouge to New Orleans.
Cancer Alley is home to a disproportionate number of poor and working-class Black people who have highly escalated risks of cancer thanks to the long line of petrochemical plants in the corridor. A recent study showed that the air there is far worse than previously realized.
"Louisiana has given industrial polluters open license to poison Black and brown communities for generations, only to now have one court give it a permanent free pass to abandon its responsibilities," Patrice Simms, a vice president at Earthjustice, said in a statement.
The ruling forbids the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice from enforcing "disparate-impact requirements" under Title VI the 1964 Civil Rights Act in the state of Louisiana. The ruling affects permitting for industrial projects and could, according to Earthjustice, even be applied to "basic services such as sewage, drinking water, and health services." Cain opted not to make the ruling effective nationwide.
The main events leading up to Thursday's decision began in January 2022, when Earthjustice filed a complaint to the EPA on behalf of St. John the Baptist Parish, a majority-Black community in the heart of Cancer Alley. The EPA then opened an investigation into whether Louisiana state agencies had failed to protect the parish from environmental health threats. The agency was preparing to negotiate reforms with the Louisiana Department of Environmental Quality. This was part of a nationwide EPA effort to tackle environmental racism.
However, Louisiana, like other states, fired back. In May 2023, then-Attorney General Jeff Landry, who is now governor, filed a lawsuit—the same lawsuit Cain ultimately ruled on—against the EPA to block the investigation. The next month, the EPA dropped its investigation, disappointing parish residents and human rights groups. The Intercept later reported that the agency dropped the investigation because of fear the state's case would reach the U.S. Supreme Court.
Cain could then have dropped Louisiana's suit, but, in a move that may have been aimed at preventing future such investigations, he moved forward with it, issuing a 77-page temporary injunction in January that laid the groundwork for today's far briefer decision, which made the ruling permanent.
In the temporary injunction, Cain put forth ahistorical and power-blind arguments about race that are common in right-wing circles.
"To be sure, if a decision-maker has to consider race, to decide, it has indeed participated in racism," the judge wrote. "Pollution does not discriminate."
Earthjustice warned that though Cain's ruling applies only in Louisiana, "it may embolden other states to seek similar exceptions and create a chilling effect on civil rights enforcement by other federal agencies."
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