PORTLAND, Ore. - On the eve of Earth Day, a federal appeals court ruled Friday that the Environmental Protection Agency (EPA) can no longer let cement plants off the hook for fines if the plants - or kilns - release dangerous pollution and claim it was the result of what's known as an "upset" or a mistake. Attorney Seth Johnson with Earthjustice represented a number of groups united in cleaning up pollution from cement plants.

Johnson said the companies often use that loophole.

"'Sorry! Had an accident. Not our fault. We'll try not let it happen again,'" they say. It happens over and over again," Johnson explained.

The EPA and polluters are now on notice that standards have to be fully enforceable. The standards, however, still could be tougher, in Johnson's opinion.

Ash Grove Cement has said its large plant near Durkee in southeastern Oregon uses local limestone that is naturally much higher in mercury content than normal. The company finished installing new technology in 2011 designed to limit its pollution output.

For more than a decade, Johnson said, Earthjustice has been working on behalf of groups concerned about the health effects of emissions from cement-making, including learning disabilities and asthma in children.

"There are people who live in the shadow of these kilns, and who deal with these plants on an everyday basis," he said. "They have to breathe in the mercury and the particulate matter, the lead, the hydrocarbons, the hydrochloric acid that these plants put out."

Johnson added the ruling, made by the U.S. Court of Appeals for the District of Columbia, also may have an effect on efforts at combating climate change.

"The loophole that EPA put into the cement plant rule is one that it was proposing to put into its rule governing greenhouse gas pollution from power plants. This ruling says they can't do that," he explained.

The decision comes as the EPA launches an Earth Week initiative aimed at getting Americans to reduce their carbon footprint.



get more stories like this via email

New research finds Maryland leading the nation in reducing greenhouse gas emissions.

Environmental Protection Agency data show between 2005 and 2022, greenhouse gas pollution fell in 44 states and the District of Columbia. Maryland saw the largest reduction at 36%, followed by D.C., Maine, New Hampshire and Georgia. Only six states saw emissions increase.

Emily Scarr, senior advisor for the Maryland Public Interest Research Group, said the wide variation between states shows local policy matters.

"It's really evidence that states and regions have a lot of control on their greenhouse gas emissions," Scarr explained. "Showing ways that we can continue to reduce emissions, as well as showing warning signs of things that states do that can actually take us in the wrong direction."

The reductions nationwide are largely attributed to the retirement of many coal-fired power plants. Maryland has shuttered seven coal plants since 2012, with two still operating.

The report looks at emissions data from power generation, industry, transportation, agriculture, residential and commercial sectors. Maryland saw emissions reductions in every category except for the commercial sector, which includes commercial buildings, landfills and wastewater treatment centers. Scarr pointed out fossil-fuel-based winter heating is driving emissions in the commercial sector.

"The majority of those emissions are actually coming from heat for commercial buildings," Scarr observed. "That's a specific place where, if properly implemented, the Building Energy Performance Standards can start holding commercial building owners accountable."

The Maryland Department of the Environment will collect energy-use data from buildings larger than 35,000 square feet in 2025, to develop energy performance standards based on those numbers. The state has set a 2040 target for large buildings to have net-zero emissions.


get more stories like this via email

Community members in Seattle had a unique opportunity to weigh in on the policies guiding the city's climate goals.

In 2019, the City of Seattle passed the Green New Deal Resolution and Green New Deal Executive Order, with the goal of eliminating climate pollution by 2030.

To help guide that process, the initiative's oversight board supported community assemblies.

Peter Hasegawa is the organizing director at MLK Labor and co-chair of the Green New Deal Oversight Board.

He said the idea behind the community assemblies was to do deep listening with many different community members.

"To have the opportunity to present information and get feedback," said Hasegawa, "and have people think about solutions together over a longer period of time, was appealing to us because we thought we could get higher quality feedback."

MLK Labor and Urban League of Metropolitan Seattle hosted the assemblies.

The goal was to ensure that people on the front-lines had their voices heard, and were at the table as the city crafts policies going forward.

Faduma Fido is lab leader with the People's Economy Lab, which helped support the community assemblies.

She said they're piloting this type of engage at the city level because people are tired of going to listening sessions.

She said the assemblies provide a more empowering setting, with people compensated for their time and eating meals together. Fido said they want to bring democratic practices like these back.

"There's an appetite and willingness now to empower the citizens," said Fido, "empower communities to practice democracy beyond the ballot box, because often that tends to be very polarizing."

Hasegawa said they heard from a variety of people over the three sessions.

In the first, they heard about people's experiences being affected by extreme weather, such as the 2021 heat dome, and a freeze last winter that caused many people's pipes to burst.

In the second session, they heard about wins on the ground to protect people and workers from the effects of climate change.

Hasegawa said in the third, they brainstormed about what the city and local labor movement can do about climate change.

"In certain ways that ended up being the easiest session," said Hasegawa, "because there was a very high level of consensus that what workers in Seattle want is to be protected from extreme weather, they want to be protected from heat and smoke, and bursting pipes, and they want to be protected whether they work in a building or outside or in a home."




get more stories like this via email

Electric vehicles have seen a nationwide uptick, yet Wisconsin lags behind - with EVs making up only about 1% of all cars on the road.

Misconceptions about cost, maintenance and performance are top of mind for hesitant buyers. But in Wisconsin, where about 30% of the state's population is rural, accessibility is one of the biggest concerns.

Jeremiah Brockman, chapter president of the Wisconsin Electric Vehicle Association, said he thinks it's only partly because rural areas in general are slower to catch on to some trends. He said some areas still don't have enough charging stations.

"Part of the problem, too," he said, "is you have more farmland in rural areas, and if you spend the entire day out on a farm and you're driving around your many acres of land, you worry about where you're going to charge your vehicle at that point, and I think that's another hurdle."

Compared with neighboring states, Wisconsin has significantly fewer charging stations. In an effort to help bolster the state's EV infrastructure, Wisconsin passed a law earlier this year to install a network of 65 fast-charging stations statewide. The plan is to install them every 50 miles along the interstate system and major highways through next year.

The law also makes it easier for gas stations, convenience stores and other businesses to operate vehicle charging stations. However, they'd pay a new EV charging tax beginning next year.

Even though the law was Republican-authored in Wisconsin, Brockman said he believes the political divide is another factor in electric-vehicle ownership hesitation.

"Honestly, this a part of a larger national conversation where electric vehicles are kind of being politicized," he said. "I'd like to say the benefits are there. It doesn't matter who you voted for last Tuesday, the benefits are there, no matter what."

Those benefits include lower fuel and maintenance costs, lower emissions and potential tax breaks. So far, Dane County and Madison lead the way for EV adoption in Wisconsin. As part of the mayor's climate-change policy to cut the city's emissions in half by 2030, Madison has added electric buses and recently unveiled the state's first electric garbage trucks.


get more stories like this via email