The Environmental Protection Agency's enforcement of federal pollution rules has plummeted.

In 2022, the agency referred 88 cases to the Justice Department for civil prosecutions, the second-lowest number in more than two decades, according to an analysis by the Environmental Integrity Project.

The EPA has said it's doing the best it can, amid chronic understaffing and funding cuts. But Eric Schaeffer, executive director of the Environmental Integrity Project, pointed to the long-term consequences of letting the worst polluters off the hook. He said it's often difficult for states to tackle pollution cases involving a large, local employer or other political sensitivities.

"The Dominion Power Co. or American Electric Power, or Volkswagen, when Volkswagen was caught cheating on the emissions controls that are supposed to be installed under federal requirements," he said. "Those are federal cases. And they're really important."

The report said more than 250 major industrial polluters with high-priority violations have continued operations without any federal pushback, and the EPA's Enforcement and Compliance database says more than 900 facilities have violated water-pollution limits.

Schaeffer added that when serious air and water pollution violations escape penalty, vulnerable communities are left to deal with the public health impacts.

"We've got millions of people living in that situation, typically pretty low-income communities, often heavily African American, or Latino," he said. "And they get hit where it hurts. And if the feds can't turn out and do the job, they get left behind."

It isn't all doom and gloom, however. Schaeffer said the agency has consistently investigated coal-ash waste sitting in ponds and landfills that leach toxins into groundwater.

"That's a place where EPA is doing some good work to investigate that contamination," he said, "and to keep the facilities that are supposed to have cleanup plans on track."

Ohio houses 26 coal-ash ponds at 11 power-plant sites. Six of the ponds have been designated as "high hazards" according to the group EarthJustice.

This story was produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.

This week, Hispanic environmental advocates are heading to Washington, D.C., from around the country to engage lawmakers on issues affecting us all, like clean air, pristine waters, and the fight against climate change.

In California, the third annual Latino Advocacy Week kicked off with a kayak trip for youth leaders in Morro Bay, part of the proposed Chumash Heritage National Marine Sanctuary, which would run from Santa Barbara to Cambria.

Juan Rosas, conservation program associate for the Hispanic Access Foundation, led the event, and said the beaches must be protected for future generations.

"To be able to protect this coastline from offshore drilling, to be able to put our toes in the sand and enjoy the ocean," Rosas emphasized. "Not only for our generation, but I think of our great-grandkids that are going to be able to see this amazing coastline, like we're able to see it today."

Latino Advocacy Week also includes in-person and virtual presentations in English and Spanish on a range of topics, including ways to train future leaders on advocacy work and engage the media and clergy on environmental issues.

Rosas noted too many communities of color are plagued by dirty air.

"A lot of our Hispanic communities are suffering from asthma," Rosas pointed out. "We would definitely love to see the Hispanic community to raise their voice up and fight for quality of air. There's nothing more valuable than the air we breathe."

Data from the Public Policy Institute of California showed Latinos comprise 35% of the adult population in the state, but just 22% of likely voters.

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.

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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