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Aug. 5, 2020 by Darya Minovi, Katlyn Schmitt

Industry-Sponsored Air Monitoring 'Study' Provides No Assurances for Marylanders Living Near CAFOs

In July, the Maryland Department of Environment (MDE) released the findings of a new ambient air quality monitoring project focused on the state’s Lower Eastern Shore. This effort was announced more than a year ago as a partnership between the Delmarva Poultry Industry (DPI), a trade group for just what it sounds like, and MDE to monitor ammonia and particulate matter emissions from industrial poultry operations.

The number of registered poultry CAFOs, or concentrated animal feeding operations, in Maryland has increased from seven in 2009 to 544 today, and the vast majority are located on the state’s Lower Eastern Shore. For years, residents have complained of foul odors emanating from nearby CAFOs, in addition to nausea, eye and throat irritation, and respiratory ailments. These symptoms are consistent with exposure to high levels of ammonia — a compound emitted when chicken litter breaks down, making it a hazard common to poultry houses — as well as particulate matter, which can lodge deep in the lungs and cause respiratory and cardiovascular disease.

Under the Clean Water Act, CAFOs are regulated as point source polluters and must acquire a permit that limits and requires monitoring of nutrient discharges in waterways. However, the story …

Aug. 4, 2020 by James Goodwin
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Yesterday, I joined a group of CPR Member Scholars and staff in submitting comments on the Environmental Protection Agency's (EPA) "benefits-busting" proposal, which would drastically overhaul how the agency performs cost-benefit analysis on its biggest Clean Air Act rules. As we explain in our comments, the action is a thinly veiled effort to rig the results of those analyses – more so than they already are – to make it harder to issue appropriately strong safeguards, thereby sabotaging the effective and timely implementation of the Clean Air Act.

Our comments lay out in detail several shortcomings of the benefits-busting proposal. To begin, the EPA lacks legal authority to issue a binding rule of this kind. But even if the agency did have such authority, the proposal would do little, if anything, to improve its regulatory decision-making given that cost-benefit analysis is either superfluous to or even prohibited by the …

Aug. 3, 2020 by Matt Shudtz
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The nation is finally beginning to grapple with the widespread disparities in public health, economic opportunity, and community well-being across race and class that stem from longstanding systems of oppression and injustice. As systems thinkers, CPR's Board, staff, and Member Scholars have devoted considerable time to researching and understanding the roots of these inequities, considering the disproportionate impacts on frontline communities, and advocating for just policy reform.

Our Regulation as Social Justice project is an example. It recognizes that EPA, OSHA, and other "protector agencies" have a vital role to play in preventing harm to people and the environment through their statutory authority to adopt and enforce regulations. As they exercise that authority, agencies also have the capacity, indeed the moral obligation, to redress environmental and public health injustices by prioritizing the needs of overburdened communities in the development of their regulatory agenda and enforcement policies.

In …

Aug. 3, 2020 by Matt Shudtz, Brian Gumm
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Based on its current projected path, Tropical Storm Isaias could bring heavy rains up and down the East Coast, from the Carolinas and Virginia to the Delmarva Peninsula, Pennsylvania, and New Jersey. Along the way, the storm could swamp industrial facilities, coal ash ponds, concentrated animal feeding operations (CAFOs), and more.

From Hurricane Florence to Hurricane Harvey and beyond, in the past 15 years, we've seen numerous tropical storms flood unprepared facilities. This has caused significant infrastructure damage and unleashed toxic floodwaters into nearby communities and waterways, threatening public health and making residents sick.

While no one can predict the exact path of any given storm, we do know the importance of preparing for extreme weather and adapting to the climate crisis. For resources on this issue, you can review CPR's report on toxic floodwaters in Virginia, our paper on toxic floodwaters and public health, and our …

July 29, 2020 by Katie Tracy
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Workers presently have no right to bring a lawsuit against employers under the Occupational Safety and Health Act (OSH Act) for failing to provide safe and healthy working conditions. If an employer exposes workers to toxic chemicals or fails to guard a dangerous machine, for example, they must rely on the Occupational Safety and Health Administration (OSHA) to inspect, find a violation, and issue a citation. This omission in the 1970 statute is especially troubling in the context of COVID-19, as workers across the United States continue to face a massive workplace health crisis without any meaningful support from OSHA or most of its state and territorial counterparts.

OSHA has so far declined to adopt an emergency standard to address COVID-19, despite repeated calls by unions, workers, and advocates to do so. Moreover, rather than enforcing existing standards or holding employers accountable for violating their general duty …

July 29, 2020 by Joel Mintz
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In an article headlined, "Dozens of facilities skipping out on EPA pollution monitoring have prior offenses," The Hill reports the following today:

More than 50 facilities across the country that have faced enforcement actions for alleged Clean Water Act violations are among those taking advantage of an Environmental Protection Agency (EPA) policy that lets companies forgo pollution monitoring during the pandemic, an analysis by The Hill found. The temporary EPA policy, announced in March, says industrial, municipal and other facilities do not have to report pollution discharges if they can demonstrate their ability to do so has been limited by the coronavirus. The Hill first reported that 352 facilities have skipped water pollution monitoring requirements under the policy, which applies to air pollution as well. Of those facilities, 55 have faced formal enforcement actions in the past five years from either the EPA or state …

July 28, 2020 by James Goodwin
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Today, a group of 136 law professors from across the United States, including 31 Center for Progressive Reform (CPR) Member Scholars, will send a letter to congressional leaders urging them to “ensure that our courthouse doors remain open to all Americans for injuries they suffer from negligence during the COVID-19 pandemic.”

The letter, spearheaded by CPR Member Scholars Dan Farber and Michael Duff, comes in response to a push by the U.S. Chamber of Commerce and other corporate special interests to include a “federal liability shield” in the next COVID relief bill, which is now being negotiated in Congress. This shield would prevent ordinary Americans from holding corporations accountable in the civil courts when their unreasonably dangerous actions cause people to become sick with the virus.

As the letter explains, the federal liability shield would violate clear principles of federalism by intruding upon the traditional rights …

July 22, 2020 by James Goodwin
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Donald Trump is no stranger to leaving things worse off than he found them, and this is precisely what his administration now aims to do with the Environmental Protection Agency (EPA), not just one of the most successful government institutions in the history of the United States, but indeed the world. Having worked quickly, if not sloppily, to dismantle every vestige of the Obama administration's efforts to promote cleaner air and water, the Trump EPA is now heading down a path of self-destruction. The agency's proposed "benefits-busting" rule, released early last month, is a big part of this campaign.

The benefits-busting rule is nominally about overhauling how the EPA does cost-benefit analysis for its Clean Air Act rules, but make no mistake: This action is really about putting that foundational law into concrete boots and shoving it into the nearest body of water. Future efforts to fulfill …

July 21, 2020 by Katlyn Schmitt
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The Maryland Department of the Environment (MDE) recently issued a general discharge permit that covers pollution from most livestock farms, including concentrated animal feeding operations (CAFOs), across the state through July 2025. Unfortunately, the permit, which went into effect on July 8th, will likely jeopardize the 2025 nitrogen reduction goals under the Chesapeake Bay Total Maximum Daily Load (Bay TMDL) and does not align with Maryland’s Phase III Watershed Implementation Plan (WIP) commitments.

Roughly 95 percent of Maryland’s animal farms are located within the Chesapeake Bay watershed, so it is important that they are adequately regulated under the general permit – both so that local water quality can be protected and so the state can meet its pollution reduction goals under the Bay TMDL.

Circumstances under which Animal Feeding Operations Require Permit Coverage

These types of general permits serve two primary purposes: (1) they satisfy the requirement …

July 21, 2020 by Alexandra Klass
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Reprinted by permission of MinnPost.

Minnesota has a proud history of holding bad corporate actors accountable — from tobacco companies to opioid manufacturers — when they knowingly conceal damaging information about their products from regulators and the public. This is particularly true when that secrecy results in harm to public health, private property, and public resources.

In late June, Attorney General Keith Ellison acted in Minnesota’s tradition of guarding the public interest when he filed a consumer protection lawsuit against three of the nation’s largest fossil fuel entities — ExxonMobil, Koch Industries, and the American Petroleum Institute (API). In the lawsuit, he seeks to recover civil penalties and restitution for the harm to Minnesotans caused by these companies’ decades-long efforts to intentionally mislead the public about the relationship between fossil fuels, the climate crisis, and the resulting harm to public health, agriculture, infrastructure, and the environment.

Described ‘potentially …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Aug. 5, 2020

Industry-Sponsored Air Monitoring 'Study' Provides No Assurances for Marylanders Living Near CAFOs

Aug. 4, 2020

CPR Comments Deliver Scathing Critique of EPA 'Benefits-Busting' Rule

Aug. 3, 2020

CPR's Commitment to Justice, Equity, Diversity, and Inclusion

Aug. 3, 2020

Will Isaias Unleash Toxic Floodwaters along the East Coast?

July 29, 2020

Empowering Workers to Sue Employers for Dangerous Working Conditions

July 29, 2020

Who Could Possibly Have Guessed?

July 28, 2020

CPR Leads Legal Academics in Ensuring Citizen Access to Justice in the Wake of COVID-19