All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Environmental Integrity Project: Trump lowers fines on polluters

Repost from the New York Times

WASHINGTON — Fines for illegal pollution have plummeted under President Donald Trump, according to analysis by an environmental advocacy group.

The Environmental Integrity Project looked at that civil penalties paid by polluters during the first six months under Trump. The group published an analysis Thursday that found penalties were less than half their levels under each of the past three presidents.

The analysis found that Trump’s Justice Department settled 26 civil cases against companies over environmental violations, totaling $12 million in penalties. That’s a 60 percent drop on average from comparable time periods under presidents Barack Obama, George W. Bush or Bill Clinton, even before adjustments for inflation.

Besides reaching fewer settlements, the group said, environmental offenders also were required to perform less cleanup under Trump and make smaller reductions to future pollution.

A spokesman for the Justice Department said Thursday it continues to “vigorously enforce” environmental laws.

The report’s authors cautioned that six months represent only an eighth of a presidential term but said the early news is neither encouraging nor surprising. Trump and his Environmental Enforcement Agency chief, Scott Pruitt, have complained that federal regulations are often too onerous and stifle the growth of American businesses.

“President Trump campaigned on a promise of ‘law and order,’ but apparently law enforcement for big polluters is not what he had in mind,” Eric Schaeffer, executive director of the Environmental Integrity Project, said in a statement. He previously served as director of EPA’s civil enforcement office under both Clinton and Bush.

“If this drop-off in environmental enforcement continues, it will leave more people breathing more air pollution or swimming in waterways with more waste,” Schaeffer said.

Under the first six months under Obama, the Justice Department brought 34 civil cases for violations of the Clean Air Act, the Clean Water Act and other federal environmental laws, with polluters agreeing to pay $36 million in penalties. Bush logged 31 cases with $30 million in penalties, while Clinton accounted for 45 cases with $25 million in penalties.

The group did not include settlements for pollution cleanups agreed to as part of the federal Superfund program, cases that can often drag on for decades.

The comparison between presidential administrations is more stark when figures are adjusted for inflation. For example, the $25 million in civil penalties under Clinton in the first half of 1992 would equal more than $43.5 million in today’s dollars.

The Justice Department did not dispute the study’s numbers, but a spokesman said figures for civil penalties do not tell the full story because they do not include fines from criminal prosecutions.

“The department continues to vigorously enforce environmental laws to better protect the American people,” said Mark Abueg, a public affairs specialist at Justice. “For example, in just the last six months, (we) filed major new Clean Air Act litigation and obtained a $40 million criminal penalty in a vessel pollution case that safeguards the environment.”

The $40 million fine Abueg cited was finalized in April as part of the sentencing of Princess Cruise Lines over the illegal dumping and concealment of oil-contaminated waste from its ships. However, the settlement, the largest ever in such a case, was actually negotiated under the Obama administration and announced in December — the month before Trump took office — as part of the company’s guilty plea to felony crimes in federal court.

San Francisco Chronicle: Alarming climate reports

The SF Chronicle has published several reports in the last two days on the reality of severe climate change.   See below.  I’ve added direct links to the government reports.  – RS

August 10, 2017 | While the study, recognized as the U.S. government’s most comprehensive look at climate, identified varying levels of turbulence across the globe, few spots were immune to the impacts of climate change – and … (more)
[See State of the Climate report, published 8/10/17 by the National Oceanic and Atmospheric Administration]

US scientists contradict Trump’s climate claims

August 9, 2017| “Evidence for a changing climate abounds, from the top of the atmosphere to the depths of the oceans.”    (more)
[Read the 669-page leaked report and the New York Times article.]

Federal report sees human-caused changes to California’s climate

August 8, 2017| The fourth National Climate Assessment, a federal synthesis of climate science required every four years by law, says temperatures have risen rapidly since the last report was published in 2014.  The climate …  (more)
[Read the full 669-page leaked report here.]

Editorial: Trump should accept not suppress a sweeping report on climate change

August 8, 2017| Climate change isn’t uncertain, short lived or tied to whimsical weather. It’s real and happening now with rising temperatures the main effect, according to a top-drawer report compiled by 13 federal agencies.
The study confirms …  (more)

How Benicia Valero Crude By Rail was defeated

Reflections by Roger Straw, Benicia CA, November 18, 2016

We Won!  3 (or 10 or 12, or 40?) factors…

What happened in Benicia was amazing. It’s well worth our time as community activists and organizers to reflect a bit on how David went up against Goliath and won.  (Continued…)

California Attorney General Calls on Trump to Close Loophole that Exposes Communities to “Bomb Trains”

Press Release from California Attorney General Xavier Becerra
[Editor:  See also KQED California Report, “AG Becerra Wants Trump Administration to Make Crude-Carrying ‘Bomb Trains’ Safer”  Also, see the NRDC blog on this story.   And … sadly … see a similar story from December, 2015.  – RS]

Attorney General Becerra Calls on Trump to Close Loophole that Exposes Vulnerable California Communities to “Bomb Trains”

Thursday, May 25, 2017
Contact: (415) 703-5837, agpressoffice@doj.ca.gov
  • Without Action, California Could Be Exposed To Freight Trains Carrying Highly Flammable, Highly Explosive Crude Oil
  • San Bernardino-Riverside And San Luis Obispo Among Regions Bearing Greatest Potential Risks

SACRAMENTO – California Attorney General Xavier Becerra is urging the Trump Administration to immediately close a loophole to prevent highly flammable, highly explosive crude oil from being shipped by freight rail via so-called “bomb trains” through communities in California, including the highly populated San Bernardino-Riverside and San Luis Obispo regions. High hazard areas for derailments would exist along every freight rail route in California. Many of these areas are also adjacent to California’s most sensitive ecological areas.

“Millions of Californians live, work, and attend school within the vicinity of railroad train tracks,” said Attorney General Becerra. “A derailment or explosion in California could put countless lives at risk and cause major damage to our land and waterways. This risk is simply unacceptable. I urge the Trump Administration to act immediately.”

So-called “bomb trains” are responsible for several catastrophic rail accidents in recent years, including the 2013 explosion in Quebec that killed 47 people.

In comments submitted to federal regulators, Attorney General Becerra called for immediate action that would require all crude oil transported by rail in the U.S. achieve a vapor pressure of less than 9.0 pounds per square inch (psi). Vapor pressure is a key driver of the oil’s explosiveness and flammability. Attorney General Becerra joined attorneys general from Illinois, Maine, Maryland, New York and Washington in calling for this requirement.

The comments were filed in response to an Advanced Notice of Proposed Rulemaking (ANPRM) issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), which is part of the U.S. Department of Transportation.

Earlier this month, as part of his efforts to protect vulnerable California communities, Attorney General Becerra filed a lawsuit in federal court that seeks to protect state residents from dangerous pollution that results from coal mining. Coal mined on public lands is transported by train through California and exported from ports in Long Beach, Los Angeles, Richmond and Stockton — areas next to several vulnerable communities. The transport of coal in open-top rail cars, as well as its storage and handling at export terminals, emits dangerous pollution. These emissions can result in a wide variety of serious health problems, including asthma, bronchitis, cardio-vascular diseases and cancer.

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