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Environmental Health News Roundup

A few stories from the last week that I thought deserved noting:

  • The Pittsburgh Post-Gazette wrapped up a rather impressive 8-day series Sunday on air pollution in 14 counties of southwestern Pennsylvania. Ultimately, the paper found that "14,636 more people died from heart disease, respiratory disease and lung cancer in the region from 2000 through 2008 than national mortality rates for those diseases would predict. Those diseases have been linked to air pollution exposure. After adjusting for slightly higher smoking rates in Pennsylvania, the total number of excess deaths from those three diseases is 12,833." One of the stories looked at inadequate enforcement efforts.
  • The Knoxville News Sentinel Tennessean checked in on the search for justice two years after the Kingston coal ash disaster: "In all, more than 400 people have filed a total of 55 lawsuits against TVA and, in several of those cases, two private engineering firms, in connection with the Dec. 22, 2008, ash spill. Hundreds, perhaps thousands, of others are said to be waiting in the legal wings of possible class-action certification."
  • The number of mercury-emitting chlor-alkali plants in the U.S. is set to go down to two. Nearly all chlor-alkali plants in the U.S. have switched (over the last decades) to newer technologies that don't release mercury into the air or water, but four plants still use the "mercury cell" process. A bill in Congress proposed to require the plants to be converted. Industry representatives complained of the short-term cost of converting plants, though in the long term a newer process saves money. The bill stalled. Now, the Augusta Chronicle reported last week that "Olin, which operates two of the four remaining U.S. plants that still use mercury to make chlorine, announced last week it would convert its Charleston, Tenn., plant to mercury-free technology, while phasing out Augusta's chlorine operation in 2012 and using the site to produce bleach and distribute caustic soda instead."
  • ProPublica and the Sarasota Herald Tribune had two more updates on tainted Chinese drywall. The first piece found that the number of homes affected by drywall may be significantly higher than the number CPSC is using. And it explores how CPSC "has not fully exercised the powers it does have, including the ability to sue the U.S. companies that imported, built or distributed the drywall in an effort to make them pay to repair the homes." The second piece looks at reports that some domestically manufactured drywall is contaminated as well; "court records show that many of the plaintiffs have test results from independent laboratories that show high levels of sulfur gas coming from the walls of their homes."

 

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Ben Somberg | December 21, 2010

Environmental Health News Roundup

A few stories from the last week that I thought deserved noting: The Pittsburgh Post-Gazette wrapped up a rather impressive 8-day series Sunday on air pollution in 14 counties of southwestern Pennsylvania. Ultimately, the paper found that “14,636 more people died from heart disease, respiratory disease and lung cancer in the region from 2000 through […]

Lena Pons | December 20, 2010

New CPR White Paper Proposes 47 Priority Chemicals for EPA’s IRIS Toxic Chemical Database

In October, EPA requested nominations for substances that it should evaluate under the Integrated Risk Information System (IRIS). Today CPR releases Setting Priorities for IRIS: 47 Chemicals that Should Move to the Head of the Risk-Assessment Line — a paper that we've submitted to EPA as our nominations for priority chemicals. Following up on our recent […]

Wendy Wagner | December 17, 2010

The White House’s New Science Integrity Policy: A First Assessment

The Obama Administration’s newly released science policy memo is an important and largely positive development in the effort to protect science and scientists from politics. In particular, the policy takes aim at many of the abuses of science and scientists that defined the Bush era. It’s particularly encouraging, for example, that the policy calls on political appointees […]

Daniel Farber | December 15, 2010

The (Somewhat Puzzling) Trajectory of CERCLA Litigation

Cross-posted from Legal Planet. I thought it might be interesting to see the general trajectory of CERCLA litigation over the years.  The figures for reported court decisions are readily available on Westlaw. (I searched for CERCLA or Superfund by year.) Part of the trajectory makes sense, but part is puzzling. There’s a clear pattern up […]

Sidney A. Shapiro | December 14, 2010

False Choices: Senator Warner’s Plan to Adopt a Regulation, Drop a Regulation

A particularly revealing story in The Washington Post this weekend reported on a sordid tale of regulatory failure that may have helped contribute to this spring and summer’s outbreak of outbreak of egg-borne salmonella that sickened more than 1,900 people and led to the largest recall of eggs in U.S. history. In an agonizing case of […]

Amy Sinden | December 14, 2010

EPA Carbon Regulations Clear First Hoop in D.C. Circuit

A federal appeals court’s decision on Friday refusing to block implementation of EPA’s first limits on carbon pollution from cars, power plants, and factories is good news for inhabitants of planet Earth. A coalition of industry groups, right wing think tanks, and the state of Texas had asked the court to grant a stay blocking EPA’s […]

Daniel Farber | December 13, 2010

Full Speed Ahead!

Cross-posted from Legal Planet. On Friday the D.C. Circuit rejected efforts to stay EPA’s pending greenhouse gas regulations until the court decides the merits of the appeals.  It could well take a year or more for the merits to be decided, so in the meantime EPA can move forward. The court order does not indicate […]

Dan Rohlf | December 7, 2010

The ‘State Sovereignty Wildlife Management Act’ is as Ridiculous as it Sounds

Apparently feeling their oats after the Republicans captured control of the U.S. House in November’s elections, several GOP representatives from western states are already galloping out of the gates to attempt to roll back species protections in the West. They’ve initially set their sights on gray wolves in the Northern Rocky Mountains, which were returned […]

Douglas Kysar | December 6, 2010

SCOTUS Grants Cert in AEP v. Connecticut; Why the Threat of Tort Liability Should Remain as Part of the Balance of Powers

The Supreme Court this morning granted certiorari in the case of American Electric Power Co. v. Connecticut, a common law nuisance suit seeking an order compelling large electric utility companies to reduce their contributions to global climate change. At issue will be a variety of doctrines – such as standing and political question – that nominally […]