From Surviving to Thriving -- Disaster in Disaster: The Emergency Planning and Community Right-to-Know Act Must Be Enforced

by Rebecca Bratspies | September 24, 2018

This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters.

This chapter is excerpted from a law review article that is forthcoming in U. Arkansas Law Review, titled "Taking a Page from FDA’s Prescription Medicine Information Rules: Reimagining Environmental Information for Climate Change."

What Happened?

In August 2017, Hurricanes Harvey and Irma hit the southern United States in rapid succession. These massive hurricanes wrought widespread devastation — destroying buildings, flooding neighborhoods, and taking lives. Harvey shattered the national rainfall record for a single storm, dropping more than 50 inches of rain in a 36-hour period. Thousands of stranded Houstonians waded through chest-deep floodwaters. Unbeknownst to them, those residents were wading through more than just water. Many storm victims were in fact wading through a toxic stew. The same floodwaters that filled the streets had also inundated scores of industrial facilities and at least 13 of Houston’s 41 Superfund sites. According to the Houston Chronicle, “In all, reporters cataloged more than 100 Harvey-related toxic releases — on land, in water and air. Most were never publicized.”

Hurricane floodwaters notoriously carry all manner of contaminants, from pesticides and landfill waste to the contents of inundated chemical waste storage containers. The problem is particularly bad in industry-heavy cities like Houston, where floodwaters travel from industrial stockyards and ...

From Surviving to Thriving -- Hazardous Waste and Disaster Preparedness

by Victor Flatt | September 20, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. What Happened According to the Houston Chronicle, there were more than 100 releases of hazardous substances into land, air, and water during and after Hurricane Harvey. At least one dozen of the Superfund sites listed in or near Houston were flooded during the storm. On September 3, 2017, the U.S. Environmental Protection Agency (EPA) acknowledged breaches at 13 ...

The National Environmental Policy Act Can Give Communities Impacted by Toxic Flooding a Voice

by Elena Franco | August 27, 2018
This post is part of a series about climate change and the increasing risk of floods releasing toxic chemicals from industrial facilities. It is based on a forthcoming article that will be published in the Sustainable Development Law & Policy Brief. As climate change makes extreme weather events increasingly frequent, the risk of flooding on our rivers and shores increases. As I noted in a previous post in this series, this puts us at risk for toxic flooding – the combination of ...

Trump Loses Another Big Court Case

by Daniel Farber | August 13, 2018
Cross-posted from LegalPlanet. Last Thursday, the Ninth Circuit ruled that Scott Pruitt had no justification for allowing even the tiniest traces of a pesticide called chlorpyrifos (also called Lorsban and Dursban) on food. This is yet another judicial slap against lawlessness by the current administration. Chlorpyrifos was originally invented as a nerve gas, but it turns out that it kills insects quite satisfactorily. (I remember ads for "Big Foot Lorsban" from back when I lived in downstate Illinois, many years ago. ...

Nothing to Celebrate as TSCA Reform Turns Two

by Katie Tracy | June 22, 2018
June 22 marks the two-year anniversary of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (colloquially referred to as TSCA reform or new TSCA). The 2016 law provided some hope that the U.S. Environmental Protection Agency (EPA) would finally address the potential risks from tens of thousands of untested and unregulated chemicals common in our households and hygiene products, our food and drinking water, our air, and our workplaces. Unfortunately, under President Trump and Scott Pruitt's leadership, ...

The James River: Floods, Pollution, and the Potential for Toxic Soup in Virginia

by Elena Franco | May 31, 2018
This post is part of a series about climate change and the increasing risk of floods releasing toxic chemicals from industrial facilities. As one of America’s first colonies, Virginia has a long history of industrialization and its consequent pollution along its waterways. It also has a long history of floods. This combination provides a potential for toxic flooding, putting Virginia's population and livelihoods at risk. The James River, named “America’s founding river” and spanning most of the state, is prone to floods, ...

Unlearned Lessons from the 'Toxic Soup': Floods, Industrialization, and Missed Opportunities

by Elena Franco | April 18, 2018
This post is part of a series about climate change and the increasing risk of floods releasing toxic chemicals from industrial facilities. As Hurricane Harvey lingered over Texas in 2017, it created a wall of water that swallowed much of Houston. Catastrophic flooding over a wide swath of southern Texas left towns, cities, and the countryside under feet of water. The floodwaters sloshed toxic chemicals from the area's 10 oil and gas refineries, 500 chemical plants, and 12 Superfund sites ...

Threat from Climate-Induced Spills Goes Beyond Superfund and Toxic Release Inventory Sites

by David Flores | March 19, 2018
This post is the first in a forthcoming series about climate change and the increasing risk of floods releasing toxic chemicals from industrial facilities in Virginia. At the tail end of winter, a succession of "bomb cyclones" and nor'easters has brought fierce winds and surging coastal flooding to the mid-Atlantic and Northeast. These storms remind us of the deepening vulnerability of our coastal and riverfront communities and infrastructure to intensifying extreme weather and flooding. This "freakish" winter weather comes just ...

North Carolina v. Chemours: Early Reflections on an Ongoing State Environmental Enforcement Case

by Joel Mintz | November 27, 2017
The Trump EPA's shrinking commitment to enforcement of the nation's environmental laws has focused new attention on state-level enforcement and the extent to which it does or does not address problems of environmental pollution and threats to public health. One recent – and ongoing – controversy, involving toxic chemical contamination of a river in North Carolina by a large and profitable corporation, provides some insights into both the promise and the shortcomings of state environmental law enforcement. It also sheds ...

Dear Congress: EPA's TSCA Implementation Has Gone Awry

by Katie Tracy | October 19, 2017
Individuals across the United States encounter hundreds of chemical substances every day and often simultaneously – in common household and hygiene products, in our food and drinking water, and in our air. Some of these chemicals present serious risks to our health and the environment and a heightened risk of harm for children, pregnant women, the elderly, and individuals with compromised immune systems. To this day, we are largely unprotected from all manner of chemical exposures, including chemicals widely known ...

A Striking About-Face on EPA's Progress in Protecting Us from Chemical Hazards

by Matt Shudtz | August 01, 2017
August is the time for back-to-school shopping, leading parents everywhere on the search for the best deals to fill our kids' backpacks. When that search ends at bargain outlets and dollar stores, though, there is a hidden cost many may not be aware of: the health burden from toxic chemicals in cheap consumer goods. Our chemical safety laws do not do enough to protect our children and families, so public health advocates like the Campaign for Healthier Solutions are putting ...

Does TSCA Reform Have a Future?

by Katie Tracy | July 17, 2017
June 22 marked the one-year anniversary of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the first major update to the Toxic Substances Control Act (TSCA) since its original enactment in 1976. The measure set a one-year deadline for EPA to complete several actions to implement the law, including finalizing its procedural rules on chemical prioritization and risk evaluation and releasing key documents related to the initial ten chemicals the agency has chosen to evaluate. (See all ...

LA Times Op-Ed: EPA Scientists Said Ban the Pesticide Chlorpyrifos. Scott Pruitt Said No

by Carl Cranor | June 08, 2017
This op-ed originally ran in the Los Angeles Times. Miners carried canaries into coal mines; if the canary died, it was an early warning of the presence of toxic gases that could also asphyxiate humans or explode. The Trump administration has decided to use children and farmworkers as 21st century canaries, continuing their exposure to a pesticide named chlorpyrifos that has been linked to serious health concerns. The toxicity of this commonly used pesticide was demonstrated in early May when ...

'Super Polluters' Under the Microscope

by Matthew Freeman | September 30, 2016
In a story published yesterday, the Center for Public Integrity takes a deep dive into the public health impact of the nation’s “super polluters,” a collection of industrial polluters that account for an outsized share of toxic air pollution and greenhouse gas emissions in the United States. Produced in collaboration with USA Today and The Weather Channel, the story focuses in on Evansville, Indiana, a city of 120,000 nestled in the southwest corner of the state and ringed by no ...

CPR's Tracy Delivers Comments at EPA Meetings on Risk Evaluation, Prioritization, and the Toxic Substances Control Act

by Katie Tracy | August 10, 2016
UPDATED (8/10/2016): On August 9 and 10, Center for Progressive Reform Policy Analyst Katie Tracy delivered remarks at two Environmental Protection Agency (EPA) stakeholder meetings on risk evaluation, prioritization, and the revised Toxic Substances Control Act (TSCA). August 9 – Risk Evaluation Rule Thank you for the opportunity to present today. My name is Katie Tracy. I am a policy analyst with the Center for Progressive Reform. I would just like to share a few brief comments with you today, which will be ...

Cleaner Waters for Washington at Long Last?

by Catherine O'Neill | August 08, 2016
The Clean Water Act instructs states and tribes to revisit their water quality standards every three years, updating them as necessary to reflect newer science and to ensure progress in cleaning up the nation's waters – to the point where people can safely catch and eat fish. Last Monday, Washington State's Department of Ecology unveiled its long-awaited update, revising standards that had been developed back in 1992. The state's rulemaking process has been marked by controversy and delay, which I ...

Do Revisions to Nation's Toxic Chemical Law Represent Reform?

by Mollie Rosenzweig | June 20, 2016
Earlier this month, revisions to the Toxic Substances Control Act (TSCA) cleared the Senate and now await President Obama's signature. TSCA's failure to provide EPA with meaningful authority to protect Americans from toxic chemicals was widely recognized, yet the path to revising the law was fraught with controversy. The chemical industry and public health and environmental advocates, as well as Democrats and Republicans in Congress, wrangled over a number of bills for years. The resulting legislation represents a compromise, and ...

Legal Experts: Supreme Court Decision on Mercury Pollution Could Undercut Chemical Reform

by Thomas Cluderay | March 31, 2016
Originally published on EnviroBlog by Thomas Cluderay, general counsel, and Melanie Benesh, legislative attorney, for the Environmental Working Group. You might think you can’t put a price on protecting public health and the environment. But you’d be wrong – especially if we’re talking about the nation's broken and outdated chemicals law, the 1976 Toxic Substances Control Act, or TSCA. We’ve written a lot about how the House and Senate are working to amend this defective law (here, here and here) through negotiations ...

Toxics

Recognizing the often hidden hazards posed by toxic chemicals that pervade our lives, Congress has enacted a variety of laws designed to protect people and the environment from both short- and long-term health problems. Despite these efforts, corporatoins that profit from introducing hazardous pollutants into the environment lobby hard to prevent stiff regulatory enforcement and distort scientific evidence of harm.

The Center for Progressive Reform

455 Massachusetts Ave., NW, #150-513
Washington, DC 20001
info@progressivereform.org
202.747.0698

© Center for Progressive Reform, 2015