Members of a Detroit-area community are intervening in an Environmental Protection Agency lawsuit against a DTE Energy subsidiary charged with dumping harmful pollutants into their community.
Residents of River Rouge want the court to stop EES Coke from emitting sulfur dioxide and other toxic substances from its plant, and compensate local residents for the harm it has caused.
Theresa Landrum, a community organizer in River Rouge, said EES Coke has profited for decades while making people sick.
"We have suffered egregiously from the emissions from surrounding factories," Landrum contended. "Our community is overburdened with asthma, cancer, diabetes, heart disease. Anything that's connected to health issues can be traced back to industries in my community."
The motion was filed by the Sierra Club and joined by Earthjustice and the Great Lakes Environmental Law Center. When the original suit was filed in June, DTE Energy responded, claiming EES Coke complies with all relevant regulations governing its operations.
Landrum pointed out the community has seen antipollution lawsuits before, but the victims are usually left out of the settlement.
"When industries have been fined for a violation, they either get to have a consent agreement or negotiate the fine down," Landrum noted. "And when the fine is negotiated, it is split between regulatory agencies like EGLE and EPA. Nothing comes back to the community."
EGLE is the Michigan Department of Environment, Great Lakes, and Energy.
Landrum added it is frustrating even when polluters are caught and prosecuted, they are often let off with a "slap on the wrist."
"They need to take charge and use the power that they have to be more protective of human life," Landrum asserted. "They have the power. What are they using with it? They're siding with business many, many times. We need that loophole stopped, and we need to look at who's being impacted by the egregious acts of these companies."
The EPA wants the court to force the plant to bring its emissions within legal limits, offset the health and environmental harm it has caused, and pay fines for each day it is out of compliance.
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Virginia environmentalists are frustrated by the state Department of Environmental Quality's $27,000 fine of Norfolk Southern for a 2020 train derailment.
The derailment caused 16 boxcars to spill almost 1,400 tons of coal into the Roanoke River. The town of Salem's water plant had to halt intake for about a month over concerns of possible water contamination.
Tim Cywinski, communications manager for the Virginia chapter of the Sierra Club, said the fine is disheartening because it does not deter derailments from happening again. He feels the state failed to take certain things into consideration while determining this fine.
"I think they should have taken into account that Norfolk Southern is one of the biggest and most profitable train and freight services industries in the United States," Cywinski pointed out. "And to give them a fine that is less than the price of a new car is honestly laughable and just offensive to the fact that it impacted the people and environment of Salem, Virginia."
Cywinski added state and federal protections need to be put in place to better hold companies accountable, and to prevent such derailments from happening again.
Derailments are not uncommon. According to the Federal Railroad Administration, there were more than 1,100 derailments in 2020, a number which has fluctuated in the few years since.
Since Norfolk Southern first came under fire for a crash involving hazardous materials in East Palestine, Ohio, numerous railroad safety groups have been working to improve the industry's safety regulations.
Ann Creasy, acting deputy director of the Virginia chapter of the Sierra Club, said new regulations need to go hand in hand with levying appropriate fines against companies to deter future incidents.
"It's really about corporate accountability of ensuring that safety and workers and proactive measures are invested in on the front end," Creasy contended.
A bill has been introduced in the U.S. Senate called the Railway Safety Act of 2023. The bill aims to boost safety requirements for trains transporting hazardous materials. Hearings have been held, and it is currently under review by the Senate Committee on Banking, Housing, and Urban Affairs.
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New York environmentalists are protesting banks heavily invested in the fossil fuel industry as part of a national day of action today (Tuesday). Led by the group Third Act, protests across the U.S. will consist of rallies, art installations, and activists cutting up credit cards. According to the Rainforest Action Network's 2022 Fossil Fuel Finance report, the world's 60 largest banks invested over $4.5-trillion in fossil fuels since the Paris Climate Agreement was adopted in 2016.
Vanessa Arcara, president and co-founder of Third Act, said banks like JP Morgan Chase, Citi, Wells Fargo, and Bank of America are some of the biggest offenders in the U.S.
"These four banks alone have provided well over one trillion dollars in lending and underwriting to the fossil fuel companies that build things like new coal plants, fracking wells, gas export terminals, and more," she said.
Arcara said one person at a time closing their accounts with these banks will not force them into bankruptcy, but hopes these protests shine a light on what these banks are doing. Since 2017, several so-called "green banks, including one in New York, have opened. They are dedicated to investing in myriad environmentally friendly and positive climate change projects.
Some banks have made commitments to turn over a new leaf on investing in green projects. In its 2022 Climate Report, JP Morgan Chase aims to finance over $2.5 trillion dollars in sustainable development, with over $106-billion of green activities financed. Yet, according to Third Act, the company has been playing both sides of the environmental game. Arcara noted people need to pay attention to where banks are putting their money to use.
"A lot of these banks have signed on to the various councils, saying publicly that they're in support of climate targets. But that certainly doesn't bear out when you look at the numbers and the types of investment strategies that they continue to pursue," she said.
Along with the large investment made in green projects, JP Morgan Chase, along with Citi, provided the most financing to offshore oil and gas in 2021, according to the Rainforest Action Network report. In total, big banks funneled about $53-billion into that industry.
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New York's State Legislature is considering a bill to ensure that companies contracting with the state don't contribute to tropical deforestation.
The Tropical Deforestation-Free Procurement Act holds companies contracting with New York State accountable for any deforestation they might take part in, whether that's through how their product is made or through their supply chain.
A study from the University of Cambridge finds 94 companies have adopted zero-deforestation commitments, although most are not put into practice.
Marcus Sibley - director of conservation partnerships for New York, New Jersey and Connecticut for the National Wildlife Federation - said New York has worked hard to fight climate change, and this bill is a new weapon in that fight.
"We're saying now, we've already taken one major step," said Sibley. "The next major step is to pay attention to how our actions are impacting abroad as well as domestically."
A previous version of this bill was introduced, but faced opposition to language referring to boreal forests.
The bill also creates the supply-chain transparency assistance program to aid small and medium-sized businesses as well as minority- and women-owned businesses to utilize compliant supply chains.
The bill is under review by the Procurement and Contracts Committee.
One of the long-term effects this bill's passage could have is reducing the superstorms afflicting New York. In recent years, storms have gathered power, causing billions of dollars in damage.
According to the National Oceanic and Atmospheric Administration, the 60 major weather events between 2020 and 2022 cost more than $430 Billion.
Sibley said despite steps being taken to combat climate change, New York is still in harm's way.
"New Yorkers are still in harm's way of daily heat waves, life-threatening storms and severe economic climate impacts," said Sibley. "This is why the impacts of climate change, they don't respect our artificial state and national boundaries."
Outside of this bill, Sibley noted that New Yorkers can take their own steps to take a stand against tropical deforestation by checking where certain products come from. This is becoming a more important issue as 72% of shoppers say transparency is important to them with in-store and online shopping, according to a report from the Food Industry Association and Nielsen I-Q.
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