Tag Archives: climate lawsuite

Weekly News Check-In 11/15/19

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Welcome back.

It was a tough week for the many activists, public officials, and concerned citizens in Weymouth and beyond who oppose the planned compressor station – which just cleared its last major regulatory hurdle even as more information emerged showing it isn’t needed. The fight isn’t over yet – with several more lawsuits coming. These are expensive, but you can help.

Elsewhere, the way construction permits were granted for the Mariner East pipelines through Pennsylvania has raised enough questions to spark an FBI investigation.

We found disturbing news for the climate. The International Energy Agency predicts that carbon emissions won’t peak until 2040. That’s ten years beyond our deadline to have cut emissions by 45% relative to 2010, according to the October 2018 UN-IPCC report. There’s also a fascinating New York Times editorial considering how science managed to under-predict the pace of climate change. And we bid a fond and grateful farewell to Greta Thunberg, who set  sail again on Wednesday bound for Spain.

On the business side, the outlook continues to favor renewable energy and clean transportation. Titans of the fossil fuel industry are spending time in court – increasing drawn along the path that took down big tobacco years ago. But polluters have their enablers, and the Trump Administration is preparing to further limit the role of science at the Environmental Protection Agency.

We close with two articles about plastics. First, some investigative reporting that exposed Coca-Cola’s campaign against recycling, and a story from Indonesia about toxic pollution from plastic waste – some of it from the U.S.

— The NFGiM Team

WEYMOUTH COMPRESSOR STATION

Alice Arena at protest
Officials see dwindling chances for stopping compressor station
By Jessica Trufant, The Patriot Ledger
November 14, 2019

WEYMOUTH — Local officials and activists are assessing what legal and procedural tools they can use to try to stop construction of the proposed 7,700-horsepower natural gas compressor station in Weymouth days after it cleared a key regulatory hurdle this week.

The Massachusetts Office of Coastal Zone Management on Tuesday issued its decision that the project is consistent with the federal Coastal Zone Management Act. That approval is the last of four that the project needs, and has received, from the state, other than a contamination cleanup plan.

Town Solicitor Joseph Callanan acknowledged that the odds of stopping construction of the compressor station are low, but he and attorneys from the law firm Miyares and Harrington are considering its legal options.

“When we started four years ago, there was a less than 10 percent chance of success in stopping this, and now it’s a lot less,” Callanan said. “We’ve filed 19 lawsuits and are about to file another three, so the opportunities to stop it are getting fewer and fewer, but we’re still trying.”

The compressor station proposal is part of Enbridge’s Atlantic Bridge project, which would expand the Houston company’s pipelines from New Jersey into Canada.
» Read article         

Weymouth Compressor Station Clears Final Regulatory Hurdle
By Craig LeMoult, WGBH
November 12, 2019

A controversial proposal to build a natural gas compressor station on the banks of the Fore River in Weymouth cleared a final regulatory hurdle on Tuesday.

The state office of Coastal Zone Management (CZM) approved a permit for the project, which has been bitterly opposed by community and environmental activists, as well as many elected officials.

“Based upon our review of applicable information, we concur with your certification and find that the activity as proposed is consistent with the CZM enforceable program policies,” CZM director Lisa Berry Engler wrote in a letter approving the project.

Opponents have contended that the natural gas compressor station will emit a range of toxic and carcinogenic chemicals in a community that’s already overburdened by environmental hazards.

Margaret Bellafiore of the advocacy group Fore River Residents Against the Compressor Station noted that while the CZM decision can’t be appealed, appeals are still pending on other permits needed for the final approval of the station.
» Read article         

Hedlund says dwindling demand for pipeline capacity warrants compressor review
The Weymouth mayor sent a letter to a state regulator last week saying the review is necessary because two companies that planned to use a pipeline connected to the proposed compressor station have pulled out.
By Jessica Trufant, The Patriot Ledger
November 11, 2019

Hedlund sent a letter to Lisa Berry Engler, director of the Massachusetts Office of Coastal Zone Management, on Friday saying that the justification for allowing a compressor station in a coastal zone was “already factually tenuous and, in the town’s view, legally inadequate,” but new information about natural gas capacity and demand warrants further review from the state.

The compressor station proposal is part of Enbridge’s Atlantic Bridge project, which would expand the Houston company’s pipelines from New Jersey into Canada.

Hedlund said two companies that had signed on to ship natural gas made available through the Atlantic Bridge project have withdrawn and assigned their rights to the gas to National Grid. But National Grid has stated it does not need the compressor station to deliver the gas.

“In addition, other project shippers have stated that the Weymouth compressor station is not necessary for their use of the increased capacity generated by the project,” Hedlund wrote.
» Read article         

» More on the compressor station

OTHER PIPELINES

AP: FBI eyes how Pennsylvania approved pipeline
Marc Levy, The Associated Press in WITF
November 12, 2019

(Harrisburg) — The FBI has begun a corruption investigation into how Gov. Tom Wolf’s administration came to issue permits for construction on a multibillion-dollar pipeline project to carry highly volatile natural gas liquids across Pennsylvania, The Associated Press has learned.

FBI agents have interviewed current or former state employees in recent weeks about the Mariner East project and the construction permits, according to three people who have direct knowledge of the agents’ line of questioning.

All three spoke on condition of anonymity because they said they could not speak publicly about the investigation.

The focus of the agents’ questions involves the permitting of the pipeline, whether Wolf and his administration forced environmental protection staff to approve construction permits and whether Wolf or his administration received anything in return, those people say.

The Mariner East pipelines are owned by Texas-based Energy Transfer LP, a multibillion-dollar firm that owns sprawling interests in oil and gas pipelines and storage and processing facilities. At a price tag of nearly $3 billion, it is one of the largest construction projects, if not the largest, in Pennsylvania history.
» Read article        

» More about other pipelines

CLIMATE

carbon peak 2040
Global Carbon Emissions Unlikely to Peak Before 2040, IEA’s Energy Outlook Warns
The world’s reliance on fossil fuels remains ‘stubbornly high’ when drastic changes are needed to slow climate change, the report says.
By Anjli Raval, Financial Times
November 13, 2019

Carbon emissions are set to rise until 2040 even if governments meet their existing environmental targets, the International Energy Agency warned, providing a stark reminder of the drastic changes needed to alleviate the world’s climate crisis.

In its annual World Energy Outlook, released on Wednesday, the IEA said a rapid reduction in emissions would require “significantly more ambitious policy action” in favor of efficiency and clean energy technologies than what is currently planned. Until then, the impact of an expanding world economy and growing populations on energy demand would continue to outweigh the push into renewables and lower-carbon technologies.

“The world needs a grand coalition encompassing governments, companies, investors and everyone who is committed to tackling the climate challenge,” said Fatih Birol, IEA’s executive director. “In the absence of this, the chances of reaching climate goals will be very slim.”
» Read article        

Oregon youth climate case
In Oregon and Five Other States, Youth Are Making Legal Cases for Climate Action
By Lee van der Voo, DeSmog Blog
November 13, 2019

The Oregon Supreme Court heard arguments Wednesday, November 13 to decide the fate of one of a half dozen state-level climate lawsuits filed on behalf of American youth. The plaintiffs in the Oregon case, appealing a state appellate court decision in January, charge that the state has a public trust obligation to protect the atmosphere on behalf of future generations.

The case, Chernaik v. Brown, is being closely watched by legal, governmental, and advocacy interests from across the state, who have argued its merits and advocated for climate remedies on behalf of youth. In June, as previously, dozens of public agencies, advocacy groups, a regional chapter of the NAACP, and two local governments filed friend of the court briefs in support of the plaintiffs.

The case is one in dozens filed across America against the federal and state governments on behalf of youth. It is part of a largely pro-bono effort coordinated by Our Children’s Trust, an Oregon-based nonprofit, in partnership with attorneys nationwide and also abroad. The plaintiffs in this case are represented by Crag Law Center.

The legal theory underpinning Chernaik v. Brown and other youth climate litigation derives from the public trust doctrine — the concept that natural resources are held in trust by governments that must protect them. It dates back to Roman times but has been asserted in American courts, mostly in cases to do with navigable waterways, and notoriously when the Supreme Court stopped the state of Illinois from giving the shore of Lake Michigan to a railroad company.
» Read article        

Greta TGoodbye, America: Greta Thunberg to Sail Again After Climate Talks Relocate
By Somini Sengupta, New York Times
November 12, 2019

Greta Thunberg is sailing across the Atlantic, again. It’s much sooner than she had planned, but not before making her mark in the United States.

Ms. Thunberg, the 16-year-old Swedish climate activist, was scheduled to set sail from Hampton, Va., on Wednesday morning. This time, she will hitch a ride with an Australian couple that sails around the world in a 48-foot catamaran called La Vagabonde and chronicles their travels on YouTube.

La Vagabonde will take roughly three weeks to reach Spain, where Ms. Thunberg hopes to arrive in time for the next round of United Nations-sponsored climate talks.

“I decided to sail to highlight the fact that you can’t live sustainably in today’s society,” Ms. Thunberg said by phone from Hampton on Tuesday afternoon. “You have to go to the extreme.”
» Read article        

Telling Stories to Battle Climate Change, With a Little Humor Thrown In
The women who make the podcast “Mothers of Invention” stand apart in the field of climate communication.
By Tatiana Schlossberg, New York Times
November 10, 2019

In 1991, when a cyclone and flooding hit Bangladesh, 90 percent of the victims were women. In New Orleans, Hurricane Katrina displaced over 83 percent of poor, single mothers. In Senegal, a 35 percent decline in rainfall means that women, often responsible for fetching water for their families, have to walk farther to collect enough.

Around the world, women — predominantly poor black, brown and indigenous women — are disproportionately affected by climate change. They live intimately with climate chaos that can seem distant or abstract in space and time from the lives of many in the global North.

For some, statistics like the ones above are enough. For most people, the catalyst for caring, let alone taking action, is stories — the lived experience of others who can translate their own narrative into something more essential about what it is to live with climate change.

The women who make the podcast “Mothers of Invention” already know all of this, which makes them stand apart in the field of climate communication.
» Read article
» Podcast       

How Scientists Got Climate Change So Wrong
Few thought it would arrive so quickly. Now we’re facing consequences once viewed as fringe scenarios.
By Eugene Linden, New York Times Opinion
Mr. Linden has written widely about climate change.
November 8, 2019

In 1990, the Intergovernmental Panel on Climate Change, the United Nations group of thousands of scientists representing 195 countries, said in its first report that climate change would arrive at a stately pace, that the methane-laden Arctic permafrost was not in danger of thawing, and that the Antarctic ice sheets were stable.

Relying on the climate change panel’s assessment, economists estimated that the economic hit would be small, providing further ammunition against an aggressive approach to reducing emissions and to building resilience to climate change.

As we now know, all of those predictions turned out to be completely wrong. Which makes you wonder whether the projected risks of further warming, dire as they are, might still be understated. How bad will things get?
» Read article          

CCCM pie chartExposing the Networks of Climate Action Opposition, It’s Not Just Oil…
By Emily Storz, Drexell University News Blog
October 22, 2019

The analysis shows a strong influence from several organizations in the Coal/Rail/Steel sector that include the National Mining Association, the Association of American Railroads, Norfolk Southern and Peabody Energy. Surprisingly, the electrical utility sector was also highly influential, with Edison Electric Institute, Southern Company and Detroit Edison notably participating within the network. Caterpillar, the U.S. Chamber of Commerce, the American Farm Bureau, the United Mine Workers, and the National Association of Manufacturers and the Conservative Movement organizations were found to be more peripheral within this network.

“The dramatic 1988 testimony of James Hansen established the reality and dangers of increased carbon emissions; followed by the formation of the Intergovernmental Panel on Climate change set the stage for climate change politics,” said Brulle. “And as a result, we also saw the organization of the Climate Change Counter Movement, and it mobilized to map an entire political movement that was focused on debasing climate science and works to block climate action.
» Read article        

» More on climate

CLEAN ENERGY

Natural Gas or Renewables? New Orleans Choice Is Shadowed by Katrina
By Ivan Penn, New York Times
November 8, 2019

Utility companies are investing tens of billions of dollars in natural-gas plants, insisting that renewables aren’t ready to serve as the primary source of electricity, while environmentalists and many states are pushing back against that argument.

In Virginia, Dominion Energy has proposed as many as 13 new natural-gas plants. In Florida, TECO Energy won approval to replace a coal-fired power plant with natural gas, even as a bigger utility in the state is building the world’s largest energy storage facility as part of a big investment in renewable sources. In California, the power-plant developer AES received approval in 2017 to build new gas-power plants in Long Beach and Huntington Beach, despite protests from residents and consumer advocates calling for carbon-free energy sources.

But as cities and states increasingly issue mandates for 100 percent carbon-free electricity by the middle of the century, California and Arizona are planning or have built renewable-energy projects for less than the cost of natural-gas plants like the one approved in New Orleans.
» Read article           

France Declares All New Rooftops Must Be Topped With Plants Or Solar Panels
By Emily Murray, Healthy Holistic Living
November 7, 2019

In this time of doomsday-like predictions where our environmental health is concerned, it’s all hands on deck. We are coming to the conclusion, hopefully not too late, that every little bit of conservation counts.

There is a shift in general consciousness that’s begun to happen. We’re becoming aware of the impact we humans have, and the myriad ways we make that impact. With the purchase of a plastic water bottle as opposed to a reusable one. Using grocery store bags instead of bringing your own. Buying new when used would be perfectly acceptable. These are a few examples of shifts that have started taking place. We see now, how easy it is to carry our own bottle, or our own bag, or shop consignment.
» Read article           

Farms can harvest energy and food from same fields
By John Fialka, Climatewire
November 6, 2019


In 2008, J. David Marley, an engineer who owned a construction firm in Amherst, Mass., had an idea. He had just finished building a large solar array on the rooftop of his downtown office building.

The labor and effort to put it up there, he had learned, was much more expensive than if he had built the solar array on the ground.

In heavily populated Massachusetts, farmland is relatively rare and only 10% of its food is homegrown. If he had put his solar arrays in a farm field, Marley wondered, what would they do to food production?

After more than a decade of experimentation, a study written last month by 11 scientists has given us an answer. In many cases, farmers and the nation’s future food supplies will benefit from having solar arrays in their fields, especially as climate change introduces more drought and searing temperatures to agricultural areas.
» Read article      

» More on clean energy

CLEAN TRANSPORTATION

eBus assembly
U.S. Electric Bus Demand Outpaces Production as Cities Add to Their Fleets
Cities are still working through early challenges, but they see health and climate benefits ahead. In Chicago, two buses save the city $24,000 a year in fuel costs.
By Kristoffer Tigue, Inside Climate News
November 14, 2019

In the coastal city of Gulfport, Mississippi, the state’s first fully-electric bus will soon be cruising through the city’s downtown streets.

The same goes for Portland, Maine—it just received a grant to buy that state’s first two e-buses, which are set to roll out in 2021. And Wichita expects to have Kansas’ first operating electric bus picking up passengers as early as this month after receiving a federal grant.

As cities and states across the country set ambitious mid-century climate change goals for the first time and as prices for lithium-ion batteries plummet, a growing number of transit agencies are stepping up efforts to replace dirtier diesel buses with electric ones.
» Read article           

Electric cars are changing the cost of driving
By Michael J. Coren, Quartz
November 8, 2019

Few have driven a Tesla to the point at which the vehicle really starts to show its age. But Tesloop, a shuttle service in Southern California comprised solely of Teslas, was ticking the odometers of its cars well past 300,000 miles with no signs of slowing.

The company’s fleet of seven vehicles—a mix of Model Xs, Model 3s and a Model S—are now among the highest-mileage Teslas in the world. They zip almost daily between Los Angeles, San Diego, and destinations in between. Each of Tesloop’s cars are regularly racking up about 17,000 miles per month (roughly eight times the average for corporate fleet mileage). Many need to fully recharge at least twice each day.

It’s difficult to know how representative this data is of Teslas overall, given that Tesloop’s fleet is small, but it likely includes a large share of the highest-mileage Teslas on the road—several are nearing 500,000 miles. Finding conventional vehicles to compare is virtually impossible since most fleet cars are typically sold off after 100,000 miles.

But the implications could be huge. Every year, corporations and rental car companies add more than 12 million vehicles in Europe and North America to their fleets. Adding EVs to the mix could see those cars lasting five times longer—costing a fraction of conventional cars over the same period—while feeding a massive new stream of used electric cars into the marketplace.
» Read article      

Financial Disclosures Show Why Toyota and GM Sided With Trump’s Clean Car Rollbacks to Preserve Profits
By Dana Drugmand, DeSmog Blog
November 8, 2019

The announcement by the Toyota and General Motors group was “not surprising, but it’s disappointing,” according to Don Anair, deputy and research director for the Clean Transportation program at Union of Concerned Scientists.

Anair told DeSmog that the companies were putting profit before good policy.

“The auto industry was rescued during the recession, and agreed to standards to make cars cleaner, but now they’re trying to weasel out of the promises they’ve made, and to the commitments they’ve made to customers, too,” said Anair. “Many automakers are falling back on a familiar, bad pattern of intransigence, using the same tactics they used to try and avert smog controls, seat belts, and air bags. If the Trump administration gets their way, it’s going to be bad for drivers and for the climate, and the automakers who have sided with Trump shouldn’t get credit for caring about climate when they’re enabling the federal government to take us backwards.”
» Read article          

» More about clean transportation

FOSSIL FUEL INDUSTRY

big oil on trial
As New York Takes Exxon to Court, Big Oil’s Strategy Against Climate Lawsuits Is Slowly Unveiled
By Dan Zegart, DeSmog Blog
November 8, 2019

On the same day as the House Oversight subcommittee hearing, Massachusetts Attorney General Maura Healey filed suit against Exxon, launching a much broader attack on its alleged climate-related wrongdoing than the New York action, which was brought under the state’s potent Martin Act and focuses on fraud against investors.

During the congressional hearing, the subcommittee chairman Democratic Congressman Jamie Raskin noted that the industry’s tactics have changed over a period of decades. Many climate science deniers no longer claim global warming isn’t happening, but question the human contribution, or point to the failure of giant emitters like China and India to curb their emissions, claiming that any progress in the U.S. is futile.

Although Massachusetts is taking aim at ExxonMobil for spending millions through at least 2009 to directly fund “fringe groups” challenging the scientific consensus on climate, Attorney General Healey’s lawsuit is the first to dedicate a separate section to these new, more indirect tactics, noting that the fossil fuel industry now goes to great lengths to avoid the appearance of funding denial or obstructing progress.
» Read article           

Chesapeake Energy’s Stock Falls Below $1 But Driller Plans to Spend Over $1 Billion on More Fracking
By Sharon Kelly, DeSmog Blog
November 6, 2019

At its peak in 2008, Chesapeake was valued at roughly $37 billion. But after more than a decade of aggressive drilling and fracking and land acquisition, as the stock market closed today, the company’s market capitalization was $1.48 billion.

The price of West Texas Intermediate oil this year has averaged over $56 a barrel (lower than last year, but higher than the average price in 2017, 2016, or 2015, following several years when oil averaged close to $100 a barrel).

For drivers, that has translated to gas prices that have stayed between $2 and $3 a gallon on average this year, according to data from GasBuddy.com.

For shale drilling companies, those prices have seemed catastrophically low.
» Read article           

» More on the fossil fuel industry

ENVIRONMENTAL PROTECTION AGENCY

E.P.A. to Limit Science Used to Write Public Health Rules
By Lisa Friedman, New York Times
November 11, 2019

WASHINGTON — The Trump administration is preparing to significantly limit the scientific and medical research that the government can use to determine public health regulations, overriding protests from scientists and physicians who say the new rule would undermine the scientific underpinnings of government policymaking.

A new draft of the Environmental Protection Agency proposal, titled Strengthening Transparency in Regulatory Science, would require that scientists disclose all of their raw data, including confidential medical records, before the agency could consider an academic study’s conclusions. E.P.A. officials called the plan a step toward transparency and said the disclosure of raw data would allow conclusions to be verified independently.

“We are committed to the highest quality science,” Andrew Wheeler, the E.P.A. administrator, told a congressional committee in September. “Good science is science that can be replicated and independently validated, science that can hold up to scrutiny. That is why we’re moving forward to ensure that the science supporting agency decisions is transparent and available for evaluation by the public and stakeholders.”

The measure would make it more difficult to enact new clean air and water rules because many studies detailing the links between pollution and disease rely on personal health information gathered under confidentiality agreements. And, unlike a version of the proposal that surfaced in early 2018, this one could apply retroactively to public health regulations already in place.

“This means the E.P.A. can justify rolling back rules or failing to update rules based on the best information to protect public health and the environment, which means more dirty air and more premature deaths,” said Paul Billings, senior vice president for advocacy at the American Lung Association.
» Read article      

» More about the E.P.A.

PLASTICS RECYCLING

Coke bottles
Leaked Audio Reveals How Coca-Cola Undermines Plastic Recycling Efforts
Sharon Lerner, The Intercept
October 18, 2019

For decades, Coca-Cola has burnished its public image as an environmentally caring company with donations to recycling nonprofits. Meanwhile, as one of the world’s most polluting brands, Coke has quietly fought efforts to hold the company accountable for plastic waste.

Audio from a meeting of recycling leaders obtained by The Intercept reveals how the soda giant’s “green” philanthropy helped squelch what could have been an important tool in fighting the plastic crisis — and shines a light on the behind-the-scenes tactics beverage and plastics companies have quietly used for decades to evade responsibility for their waste.
» Read article      

» More on recycling plastics

PLASTICS, HEALTH, AND ENVIRONMENT

plastic fuel - toxic tofu
To Make This Tofu, Start by Burning Toxic Plastic
Plastic waste from America, collected for recycling, is shipped to Indonesia. Some is burned as fuel by tofu makers, producing deadly chemicals and contaminating food.
By Richard C. Paddock, New York Times
November 14, 2019

TROPODO, Indonesia — Black smoke billows from smokestacks towering above the village. The smell of burning plastic fills the air. Patches of black ash cover the ground. It’s another day of making tofu.

More than 30 commercial kitchens in Tropodo, a village on the eastern side of Indonesia’s main island, Java, fuel their tofu production by burning a mix of paper and plastic waste, some of it shipped from the United States after Americans dumped it in their recycling bins.

The backyard kitchens produce much of the area’s tofu, an inexpensive and high-protein food made from soy that is an important part of the local diet. But the smoke and ash produced by the burning plastic has far-reaching and toxic consequences.
» Read article

» More on plastics, health, and the environment

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