BOISE, Idaho – A federal appeals court in Washington has ruled that the Environmental Protection Agency can no longer let cement plants off the hook for fines if the plants or their kilns release mercury and other dangerous pollutants and claim it was the result of what's known as an upset or a mistake.

Seth Johnson, an attorney for the public interest law organization Earthjustice, represented a number of groups united in cleaning up the pollution from cement plants around the nation.

The largest one in the Boise area is on the Oregon-Idaho border.

Johnson maintains the companies would often use the loophole.

"'Sorry! Had an accident. Not our fault,’ he says. ‘We'll try not let it happen again' – like it happens over and over again."

Johnson says the EPA and plant operators are now on notice that standards have to be fully enforceable, although he's convinced they could still be tougher.

The Ash Grove plant in Durkee, Oregon has been under scrutiny in recent years and came to an agreement with the EPA last year to install new equipment to lower toxic emissions, as well as pay a $2.5 million penalty for violating Clean Air Act rules.

Barbara Warren, executive director of Citizens’ Environmental Coalition, which was a plaintiff, welcomed the ruling.

"This loophole, this malfunction provision – we're so glad that this was closed for cement plants,” she says. “And we think it'll have more impact down the road, so I'm very pleased."

Johnson says Earthjustice has been working for more than a decade to reduce dangerous emissions from cement making on behalf of groups concerned about the emissions’ health effects, including learning disabilities and asthma in children.

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






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A new report highlighted the growth of Pennsylvania's methane mitigation industry, showing positive effects on the economy, job market and environment.

Pennsylvania ranks among the top five states for methane mitigation activities, accounting for 8.5% of the total employee locations in the sector nationwide.

Marcy Lowe, CEO of Datu Research, said Pennsylvania's state-level methane rules have led to a 22.2% increase in methane mitigation companies over the past three years and 65% over the past decade.

"These, by the way, are firms that are both manufacturing firms and service firms that help oil and gas operators reduce the amount of methane that escapes from their operations," Lowe pointed out. "Methane, of course, is a very potent greenhouse gas, far more potent than even CO2."

Lowe emphasized the need to prevent system leaks and alter operations to avoid venting and flaring, which release significant amounts of greenhouse gas into the atmosphere.

Lowe stressed reducing methane emissions significantly improves air quality and public health, which is especially important in communities with historically poor air quality. She also noted the reduction has boosted employment opportunities in Pennsylvania, providing valuable and good-quality jobs in the methane mitigation sector.

"All the way up to computer and informational scientists that make $145,000 annual salary, to sort of the middle range," Lowe outlined. "You might have mechanical engineers making $99,000 all the way down to assemblers and fabricators making about $40,000 per year."

Lowe said they used Bureau of Labor Statistics data to understand the pay for the jobs, focusing on the median annual salary across the United States. Lowe added the number of employee locations in Pennsylvania's methane mitigation industry has grown to 50 this year, a more than 38% increase since 2021.


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The mayor of Dearborn has adopted a "health-in-all-policies" approach, a pledge to prioritize health, environmental justice and climate action in city decisions.

Abdullah Hammoud, mayor of Dearborn, announced the initiative with other city officials at an event hosted by the group Elected Officials to Protect America. With funding from the Inflation Reduction Act and Bipartisan Infrastructure Law, Dearborn is updating ordinances, zoning and permits to make the "greenest" choices easier for all.

Hammoud noted severe weather left nearly two-thirds of Dearborn homes underwater just a few years ago.

"Over the last 10 years, the City of Dearborn has had several flooding events; three," Hammoud pointed out. "We are taking all the proactive steps that we must to help prevent flooding from happening in the future."

Hammoud earned national recognition with a Mayors Climate Protection Award at the U.S. Conference of Mayors, making Dearborn one of six large cities honored.

Ashley Flintoff, executive director of the nonprofit Friends of the Rouge, a group working to clean up the Rouge River, said choices made about chemical use, stormwater runoff and natural habitat loss mainly affect communities of color.

"Causing flooding and sewage backups in residential basements," Flintoff observed. "This creates direct mental and physical health consequences for residents, particularly those in the hardest-hit neighborhoods, like the South End."

David Mustonen, communications director for Dearborn Public Schools, said after concerns about kids' exposure to diesel fumes at bus stops, the school district is replacing diesel buses, using more than $7 million in federal funding.

"With the purchase of 18 electric school buses, we look forward for these buses arriving and being delivered to the district soon, so that we can put them into service and remove 18 diesel buses," Mustonen explained.

The Inflation Reduction Act offers communities incentives and grants to cover upfront costs for other "green" projects, including solar power.


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The Biden Administration is investing $50 million from the Inflation Reduction Act in Colorado to produce more batteries to power electric vehicles.

Will Toor, executive director of the Colorado Energy Office, said the state is bullish on EVs, in part because gas-powered vehicle tailpipes are a major contributor to harmful ground-level ozone and climate pollution.

"When you look at both our climate goals and just the pollution problems that we have in Denver and the Front Range, switching to electric vehicles just has huge benefits for our air quality and for our climate," Toor asserted.

The new funding will allow Thornton-based manufacturer Solid Power to add at least 40 new jobs, paying production operators, chemists and engineers nearly $78,000 a year on average. Solid Power is also partnering with area high schools and community colleges for job training programs.

After he purchased his own EV, Toor noted he started tracking his electric bills and found significant fuel-cost savings compared with gas-powered vehicles.

"It's the equivalent of me paying about 90 cents per gallon for gasoline," Toor explained. "They are incredibly convenient, I basically don't have to go to the gas station, I just plug in the vehicle when I get home and let it charge overnight."

Colorado supported Solid Power's early growth with an Advanced Industries Accelerator grant in 2014, which supports the development of early-stage technologies. Their new sulfide-based batteries are expected to provide more power and range for drivers and are safer and less costly than conventional lithium-ion technology. Toor emphasized battery-powered vehicles can also help lower electric bills for everyone.

"People primarily charge their electric vehicles overnight, when there is a lot of excess capacity on the grid," Toor pointed out. "It helps to keep everybody's electric rates affordable over time as we get more and more EVs on the grid."


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