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ACC AM Nov 26
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(ACC Mentioned) Plastics Recycling is Working: Here's Why (Op-Ed)
Nov 25, 2015 | Live Science
By Steve Alexander, Steve Russell, and Steve Sikra
Steve Alexander is executive director of the Association of Postconsumer Plastic Recyclers, Steve Russell is vice president of the American Chemistry Council's Plastics Division and Steve Sikra is section head for corporate R&D at The Procter & Gamble Company. The authors contributed this article to Live Science's Expert Voices: Op-Ed & Insights. -
(ACC Mentioned) 5 Heroes of Cancer Research and Prevention to be Thankful for this Thanksgiving Cited From: 5 Heroes of Cancer Research and Prevention to be Thankful for this Thanksgiving
Nov 25, 2015 | Mesothelioma Help Now
By Jeffrey Paul
Thanksgiving is most often thought of as a holiday for food, football, and family – and rightly so – but it’s always good to remind ourselves of its original purpose: to be thankful for what and who we have. In the mesothelioma community, it can be very difficult to cultivate a sense of gratitude. The disease so often feels like a personal ... -
(ACC Mentioned) Film Review: Stink!
Nov 25, 2015 | Film Journal
By Frank Lovece
I once wrote the text for a photo-essay book on missing and exploited children, for which I interviewed numerous parents of kids not recovered alive. You might think the parents' grief would have manifested in two or three similar ways, yet every family was different. One began a foundation. One ran for Congress. -
Leveraging IoT to Improve EHS Management
Nov 25, 2015 | Environment Leader
By Jessica Lyons Hardcastle
The internet of things is already being used to drive cost savings and improve efficiencies across industries including waste and water management, green building, farming and oil and gas. Now connected devices are coming to environment, health and safety. These include smart sensors and other equipment used to collect... -
Kaiser Permanente Bans 15 Antimicrobials In New Building Materials
Nov 26, 2015 | Chemical Watch
By Catherine Cooney
One of the largest healthcare providers in the US has prohibited the use of 15 antimicrobials in fabric, furniture and finishes, in any future building projects. Kaiser Permanente says it consulted with infection-disease experts before notifying furniture and fabric suppliers it would no longer buy products containing these actives. -
European Parliament Seeks Halt in DEHP Authorizations
Nov 26, 2015 | BNA Daily Environment Report
By Stephen Gardner
The European Commission should not proceed with authorizations under the European Union's REACH regulation for three companies to sell recycled soft polyvinyl chloride (PVC) containing the hazardous substance bis(2-ethylhexhyl) phthalate (DEHP), European Parliament lawmakers said Nov. 25. -
MEPs Call For Ban On Recycled Plastics Containing DEHP
Nov 25, 2015 | Chemical Watch
MEPs have passed a non-binding Resolution demanding that the European Commission does not authorise the recycling of plastics containing the phthalate plasticiser DEHP. The Resolution, passed in the European Parliament, says the substance poses a toxic threat to exposed workers and could render their male foetuses sterile. -
Oil Halts Gain as U.S. Supplies Weighed Against Drilling Decline
Nov 26, 2015 | Bloomberg
By Ben Sharples
Oil halted three days of gains near $43 a barrel as expanding U.S. inventories countered signs drilling is slowing in the world’s biggest consumer. Futures fell as much as 0.8 percent in New York after advancing 6.6 percent the previous three days. The number of rigs targeting oil fell by 9 to 555, the lowest level since June 2010... -
The Tragedy Of The Crude Oil Export Ban
Nov 25, 2015 | The Hill - Congress Blog
By David Porter
As Congress looks at end-of-the-year priorities, top on its list must be ending the Federal ban on U.S. crude oil exports. This outdated policy puts American companies at a competitive disadvantage and is causing significant economic harm and jobs losses in my home state of Texas and across the country. -
Fourth Circuit Blocks McCarthy Deposition on Job Impacts
Nov 26, 2015 | BNA Daily Environment Report
By Andrew Childers
A federal appellate court has blocked a coal company's bid to depose Environmental Protection Agency Administrator Gina McCarthy in a lawsuit over the impact of Clean Air Act regulations on jobs (In re Gina McCarthy, 4th Cir., No. 15-2390, order issued, 11/25/15). The U.S. Court of Appeals for the Fourth Circuit issued a... -
For Women With Diabetes, Air Pollution Has Higher Heart Risks
Nov 25, 2015 | Reuters
By Kathryn Doyle
Particle pollution like soot is a known health hazard and linked to the risk of heart disease and stroke, but women with diabetes are even more vulnerable than most people, according to a new U.S. study. “There is a convincing literature that long-term air pollution is associated with a higher risk of cardiovascular... -
The Moral Dimension To Energy And Energy Policy
Nov 25, 2015 | Forbes
By Jim Granato
Pick up books on energy policy and you typically find models, data, graphs, and tables. Science and data rule. But that ignores an important area that is harder to define but just as important in determining the correct policy. James Griffin’s 2009 book Smart Energy Policy is a case in point. There is much wisdom in his book. -
California AG Joins Local Environmental Crimes Case
Nov 26, 2015 | BNA Daily Environment Report
The Ventura County District Attorney's office will get some help from California state prosecutors in its ongoing case alleging environmental and other crimes against the Santa Clara Waste Water Company and several of its employees. California Attorney General Kamala D. Harris said Nov. 24 her office will formally join the county's prosecution... -
EPA Urges District Court To Reverse Order Denying Stay Of CWA Rule Suit
Nov 25, 2015 | InsideEPA
By Bridget DiCosmo
EPA is urging a federal district court to reverse its order denying the agency's request to halt litigation over its Clean Water Act (CWA) jurisdiction rule until an appellate court decides whether it is the correct venue for such suits, warning that having the district court case proceed will create “burdensome, complex, and contentious litigation.”
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(ACC Mentioned) Plastics Recycling is Working: Here's Why (Op-Ed)
Nov 25, 2015 | Live Science
By Steve Alexander, Steve Russell, and Steve Sikra
Steve Alexander is executive director of the Association of Postconsumer Plastic Recyclers, Steve Russell is vice president of the American Chemistry Council's Plastics Division and Steve Sikra is section head for corporate R&D at The Procter & Gamble Company. The authors contributed this article to Live Science's Expert Voices: Op-Ed & Insights.
As a nation, the United States is making strong and steady progress in recycling our most common plastics — Americans have recycled more plastics each year than the prior year for the last two and a half decades.
Take plastic bottles: In 2014, U.S. consumers recycled a record high of more than 3 billion pounds of plastic bottles — generating an estimated $730 million in revenue from selling bales of plastic material — and the recycling rate climbed to an all-time high of 32 percent . And unlike the early days, consumers today are advised to twist caps on before tossing their empty bottles in the bin, because recyclers want the caps too.
That's all good news, but some of the most dramatic gains are happening in flexible polyethylene packaging and with other plastic containers. Between 2005 and 2013, the recycling of flexible plastic film (bags and wraps) jumped nearly 75 percent to reach more than 1 billion pounds, and the recycling rate grew to 17 percent. To achieve these increases, groups like ours came together to come up with innovative solutions.
Boosting recycling
Today, more than 18,000 stores across the country collect used plastic wraps and bags to be recycled near each store's main entrance, but not everyone is aware of this opportunity to recycle. Working in concert with the Sustainable Packaging Coalition, industry has introduced a "store drop-off" label that appears right on a package to let consumers know it can be recycled at participating stores.
Recycled bags and wraps are used to make durable composite decks, home building products, and new packaging.
Another way industry is working to promote recycling of flexible packaging is by partnering with states and communities to educate residents. Through the Wrap Recycling Action Program — or WRAP — retailers, businesses and communities are cooperating to boost the recycling of everyday wraps from paper towels, beverage cases, bread, produce and even dry cleaning bags — all at local stores.
Another rapidly growing area is the category of "rigid plastics," which includes things like yogurt cups, deli containers, commercial-size tubs, and caps and lids. In the United States, the recycling of rigid plastics tripled between 2007 and 2013, topping one billion pounds.
Side benefits
Achieving a steady and growing stream of recycled plastics helps feed demand by brand owners, retailers and manufacturers, which helps to reduce more waste and benefit the environment in multiple ways. For example, recycling plastics also helps to conserve energy and cut greenhouse gas emissions. A 2010 study found that recycling two common types of plastics can save enough energy each year to power 750,000 homes. And recycling high-density polyethylene (used for milk jugs) can reduce greenhouse gas emissions by 66 percent compared to producing new material. [Urbanization Can Actually Reduce Greenhouse Gas Emissions (Op-Ed)]
Increasing plastics recycling helps brand owners and other industry leaders to set stretch goals that a few years ago would have seemed unreachable. For example, Procter & Gamble has committed to doubling the use of recycled plastics in its packaging by 2020. Many other brand owners are working more closely with recyclers to design certain packaging and containers to make them more compatible with recycling infrastructure and technology. Designing packaging with its next use in mind is a long-term industry goal.
P&G also is a partner in a new fund established to jumpstart recycling. The $100 million Closed Loop fund, founded by ten of the largest consumer goods companies, provides zero- and low-interest loans to cities and companies that want to build new recycling facilities and projects. By 2025, the fund aims to eliminate more than 50 million tons of greenhouse gases, divert more than 20 million tons of waste from landfills, and create more than 20,000 jobs. [California’s Recycling Target Could Create 110,000 New Jobs (Op-Ed)]
The first project: a high-tech recycling plant in Baltimore that will sort 54,000 tons of plastic materials for recycling each year, including many that often are not recycled today. One of the largest facilities of its kind, it will collect plastics within a 500-mile radius across the East Coast.
And another joint effort — The Recycling Partnership — dramatically improved recycling in more than 70 U.S. communities this year alone. Currently reaching 1.2 million U.S. households, this organization has supplied more than 165,000 of them with new, larger recycling carts.
Overcoming the obstacles
To be sure, plastics recycling still faces some hurdles, many of which hinge on outdated or incomplete information. Case in point: a lot of people don't realize that polyethylene wraps and bags are widely recycled, yet more than 90 percent of Americans have access to a store drop-off program that recycles these materials. As another example, some have alleged that recycled plastics aren't valuable, but market demand for many recycled plastics (e.g., rigid HDPE, clean PE film, PP and PET) is often significantly stronger than it is for recycled fiber (i.e., paper) based on prices per pound of material.
And while it's true that there are many different types of plastics, which can complicate sorting and processing, these issues are being addressed by increased access to "single stream" collection programs, whereby residents can put all of their recyclables into a single large bin, making it easier for them to do their part. And on the processing end, advanced optical sorting technologies now being deployed at many materials recovery facilities are improving how recyclers sort and package used plastics for sale.
What about claims that collected material is just sent overseas? While some plastics are, indeed, processed oversees, in 2014 exports fell to their lowest level in six years, and U.S. reclamation capacity for many plastics continued to increase. What's more, the U.S. also imports used plastic from other countries for recycling. The degree of exports and imports in any given year, of course, depends on variable market conditions.
And plastics recycling advocates are working to overcome other issues. For example, our industry has created a series of no-cost tools to help communities help their residents learn which plastics go in the recycling bin. We've placed recycling bins at more away-from-home venues, such as stadiums, parks, and beaches. And since not all plastics can be economically recycled, new technologies are emerging that can recover the energy from those non-recycled plastics instead of burying them.
Every day strong, lightweight plastics help us to do more with less. After these efficient products and packages are used and reused to the extent possible, plastics are increasingly valued as recycled materials.Plastic makers, recyclers, brand owners and others are working hard to increase plastics recycling, and we're confident that our success will continue. As long as we keep working together.
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Nov 25, 2015 | Mesothelioma Help Now
By Jeffrey Paul
Thanksgiving is most often thought of as a holiday for food, football, and family – and rightly so – but it’s always good to remind ourselves of its original purpose: to be thankful for what and who we have.
In the mesothelioma community, it can be very difficult to cultivate a sense of gratitude. The disease so often feels like a personal curse, and it never seems fair. Like a hurricane or tornado, it flashes into existence, unjustly and without cause or reason, then moves onto its next victim. It’s as ruthless as it is unpredictable. How can a cancer patient, or any of the millions of Americans who have lost loved ones to the disease, make room in their hearts for gratitude?
That’s a difficult question, but we at MHN want to take a moment to thank the heroic individuals who are fighting to contain the scourge of this devastating cancer, mesothelioma. We thank the public officials, doctors, scientists, and cultural icons who have given patients a fighting a chance, who have raised awareness of noble causes, and who have fought to improve working conditions of those at risk of exposure to carcinogens like asbestos, lead, pollution, and radiation.
Here, we take a look at 5 such individuals in hopes of finding a few reasons to be thankful this Thanksgiving.
1. Jon Stewart
The former host of The Daily Show is a lot of things: New Yorker, comedian, filmmaker, actor, writer, critic, TV personality. But one identity he is less known for is “cancer activist.”
Back in 2010, Stewart was valiant in bringing attention to the James Zadroga 9/11 Health and Compensation Act, which was designed to cover the medical expenses of 9/11 first responders. The group faces a much higher risk of cancer, including mesothelioma, due to exposure to toxic materials at Ground Zero in the aftermath of the 9/11 terrorist attacks. Facing a Republican filibuster to the bill, Stewart devoted an entire episode of The Daily Show to the controversy, explaining the situation and interviewing first responders themselves. The bill passed only a few days later. Not surprisingly, Stewart is frequently credited with single-handedly bringing public attention to the Zadroga bill, which had been lingering in legislative deadlock for years.
While the heroic emergency workers who labored in the toxic ruins of Ground Zero still face the threat of cancer, it is a small reassurance to know that their medical expenses will be covered. As recently as September 16th, Jon Stewart served as a vocal leader for Congress’s reauthorization of this important act. While the bill is still presently stalled in Congress and up for renewal, it’s good to know that a much-admired celebrity spokesperson such as Jon Stewart, stands in favor of the bill’s extension.
2. Edward Markey (D-MA)
The junior senator from Massachusetts has served in Congress for a little over 2 years, but in that time he has already proved himself invaluable in advocating for reform to the country’s outdated chemical safety law, the Toxic Substances Control Act (TSCA). Passed in 1976, the law aims to protect workers and citizens from harmful, cancer-causing minerals like asbestos and chemicals like polychlorinated biphenyl (PCB).
In 1990, the law was amended to require asbestos abatement programs in schools and accreditation of asbestos inspection services. Since then, however, the law has remained untouched. Furthermore, when the law was first passed, tens of thousands of chemicals already in use were given exemption from regulatory inspection or control. The Environmental Protection Agency’s power to control these substances has also been weakened, after a court struck down its effort to completely ban asbestos in 1991.
3. Barbara Boxer (D-CA)
As one of the longest-serving Senators in Congress, Barbara Boxer has been instrumental in promoting a number of key pieces of legislation, including many bills designed to protect workers and the environment.
More importantly, she has been vocal in criticizing the above-mentioned Chemical Safety Improvement Act (the competing TSCA bill sponsored by senators Udall (D-NM) and Vitter (R-LA)), which she argues is a form of “industrial self-regulation.” In fact, Boxer claims that the bill itself originated from the American Chemical Council (ACC), and would do little to significantly reform or improve upon the existing TSCA. In a recent interview with The Hill, Boxer stated the bill would only allow for the assessment of a mere 25 chemicals and does not even include the word “asbestos.”
Her competing bill, co-sponsored by Senator Markey, would guarantee action from the Environmental Protection Agency (EPA) on hundreds of dangerous chemicals, and would explicitly direct the agency to address asbestos.
“Maybe I’m old fashioned, but I do not believe that a regulated industry should be so intimately involved in writing a bill that regulates them,” she told The Hill.
While the Boxer-Markey bill currently lacks bipartisan support, the efforts of these two senators in bringing attention to the importance of significant TSCA reform – and the public health victory that would result from it – is worthy of appreciation.
4. Linda Reinstein
Less a household name than Jon Stewart or Barbara Boxer, Linda Reinstein has nonetheless been crucial in raising awareness of asbestos exposure and the deadly diseases that stem from it. In 2004, she co-founded the Asbestos Disease Awareness Organization (ADAO), a nonprofit dedicated to protecting victims of asbestos exposure. The organization has also been paramount in fighting the continued manufacture of asbestos-containing products.
Reinstein knows all too well the horrors of mesothelioma, having lost her husband to the disease in 2006. But the experience inspired her to act. As president and CEO of the ADAO, she has spearheaded a number of campaigns designed to raise awareness of asbestos, mesothelioma, and other asbestos-related diseases. One of the most important campaigns that the ADAO put together is the Share Your Story collection, which provides a venue for sufferers of asbestos-related diseases and their loved ones to share their experiences.
5. Raja Flores
Another unsung hero in the fight against asbestos, Dr. Flores is a leading expert in the study and treatment of mesothelioma. As a professor and chief of thoracic surgery at Mount Sinai Medical Center in New York City, Flores has authored more than 150 scientific publications. His research has proved critical in the treatment and management of pleural mesothelioma, helping to improve surgical and recovery rates for patients worldwide.
Flores was inspired to specialize in this form of cancer after receiving a mentorship from a mesothelioma specialist at Brigham and Women’s Hospital in Boston. Having grown up in New York’s rough meatpacking district during the 1980s, Flores felt a special affinity for the kinds of people who tend to suffer most from the effects of asbestos exposure. In an interview with The Albert Einstein College of Medicine, he stated:
“Many of them are blue-collar guys, insulators, asbestos workers, pipe fitters, shipyard workers,” he said, adding that he has worked as a doorman, deli server, and UPS loader. “With my blue-collar background, I could identify with them and they could see that I knew how this disease was hitting them.”
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(ACC Mentioned) Film Review: Stink!
Nov 25, 2015 | Film Journal
By Frank Lovece
I once wrote the text for a photo-essay book on missing and exploited children, for which I interviewed numerous parents of kids not recovered alive. You might think the parents' grief would have manifested in two or three similar ways, yet every family was different. One began a foundation. One ran for Congress. One adopted two Romanian orphans. Another became part of a traveling group of such parents whom a national center deploys to help others in this tragic circumstance. And in very similar fashion, Jon Whelan—former co-CEO of the Internet domain-name brokerage Afternic.com and a founding member of the venture-capitalist entrepreneurial investment group New York Angels—turned to documentary filmmaking after his beloved wife Heather died of breast cancer, possibly from legally undisclosed carcinogens in perfumes, cleaning supplies, hygiene products and even clothing.
Did Heather definitely contract cancer from such sources? Whelan concedes it's impossible to know. But as Karuna Jagger, executive director of the group Breast Cancer Action, tells him, one in eight women now have a lifetime risk of breast cancer, up from one in 20 in the 1960s. "Chemical exposures affect our lifetime health outcome," she says simply. Dr. Richard Denison, a senior scientist at the Environmental Defense Fund, says the rise in autism, breast cancer, reproductive problems and other maladies since the 1970s matches our increased use of toxic chemicals.
What might help, they and others argue in this well-made advocacy documentary, is labeling transparency, so that consumers can have a choice to buy or avoid potential carcinogens. That might seem like a no-brainer, given that the chemical companies telling us their products are safe told previous generations that lead in paint, asbestos in insulation and DDT on crops were all perfectly OK. Yet as Stink! points out, the federal Food and Drug Administration regulates pharmaceuticals and comestibles but has no authority to require disclosure of even arsenic in things like perfume or shaving cream. Indeed, Whelan's impetus for this documentary came when he bought pajamas for his eight-year-old daughter. The clothing, from the billion-dollar tween brand Justice, smelled bad, and while Whelan did finally learn the stink came from a flame retardant, no one could or would tell him what chemicals were used, since that's a proprietary trade secret—the so-called "fragrance loophole." One executive tells him that whatever the chemicals, the clothing is safe—to which Whelan sensibly replies, "You don't know what it is. How can you tell me for certain?"
This then takes him on a journey in which he learns that the smell of such things as lemon or vanilla in household products isn't real but a chemical concoction—the specifics of which companies are loath to reveal since these are essentially recipes that cannot be patented. Denison and Dr. Leonardo Trasande, an NYU associate professor of environmental medicine, tell him that of the 80,000 chemicals in everyday use, the most troubling are phthalates, a type of endocrine-disrupting chemical (EDC), which at certain levels can create havoc with hormones. This, they say, has downstream consequences, including infertility, birth defects, learning disabilities and cancer. Plus, they're mutagens, meaning they can mutate our DNA—and so, we "are quietly becoming genetically modified by toxic chemicals."
The central issue is that chemical compounds are innocent until proven guilty and thus introduced into our environment without mandatory testing. Dr. Jennifer Sass, another Environmental Defense Fund scientist, argues for what is called the precautionary principle, used in many countries, which she likens to using a seat belt even if you don't know you're going to get in a car crash. "With toxic chemicals, we keep being exposed until we're certain that it might cause harm," she says. "That means waiting for data. And those data are body bags."
It came close in the case of Bethlehem, Pennsylvania high-school freshman Brandon Silk, whose allergy to the popular teenage body spray Axe gives him anaphylactic shock. His mother Rosa has tried for years to get manufacturer Unilever to disclose what nearly killed her son. "I don't know what kind of proprietary information could be more important than the well-being of a child," she says.
The answer, of course, comes down to money, with chemical companies saying disclosure would not only reveal trade secrets but open the firms to liability lawsuits and threaten jobs. Yet other countries, as U.S. Rep. Jan Schakowsky (D-Ill.) says in a hearing, use the precautionary principle and find it works fine. And as the documentary points out, the wood in the FEMA trailers used for post-Katrina housing released high amounts of the carcinogen formaldehyde because China, which made then, sells low-formaldehyde trailers to the European Union, which has higher safety standards than the U.S.
Countering the argument for transparency is the lobbying group the American Chemistry Council. Whelan is rebuffed in his attempts at a sit-down interview and treated cavalierly by Steve Rosario, the group's Northeast regional director, when Whelan buttons him at Rosario's unsuccessful run for public office. The filmmaker does speak to the Council president and CEO, Cal Dooley, in a hallway after a hearing, but gets only platitudes and stock phrases even to questions about whether carcinogens in children's clothing should be disclosed. Dooley says his industry complies with all federal regulations—yet the pertinent legislation is often drawn up by the American Chemistry Council itself. In his attempts at getting all sides of the issues, Whelan even buys a share of Tween Brands, the parent company of Justice, since CEO Michael Rayden won't talk to him. At a shareholders meeting, Rayden treats Whelan like dirt. His company doesn't do a chemical analysis of every product, he claims, saying, “I can't solve your issue at the moment." When Whelan says straightforwardly, "You're not disclosing all the chemicals," Rayden snorts, "And who is?"
Ultimately, says Jeffrey Hollender, co-founder of the green household brand Seventh Generation, we assume that if a product is being sold, it must be safe. "And that's a fundamentally inaccurate assumption," he argues. "No one's made sure that's safe." And while his company obviously has a stake in products that don't kill you, all the scientists in this documentary agree: When it comes to labeling household products, as kids in a schoolyard might put it, say it, don't spray it.
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Leveraging IoT to Improve EHS Management
Nov 25, 2015 | Environment Leader
By Jessica Lyons Hardcastle
The internet of things is already being used to drive cost savings and improve efficiencies across industries including waste and water management, green building, farming and oil and gas. Now connected devices are coming to environment, health and safety.
These include smart sensors and other equipment used to collect and monitor EHS data, for example. And they’re increasingly including EHS mobile apps and wearable devices, according to analysts.
“The best way to think about the internet of things in relation to EHS is in two ways: data capture and inputs, and then data outputs,” says Verdantix CEO David Metcalfe.
Data Inputs
Data inputs are especially used to provide usage scenarios in environmental management, Metcalfe says. These include sensors, used in emissions monitoring, for example, and they’re becoming smarter in terms of the data they can collect and how they connect to the Internet.
Expect smart sensors that capture data to be used more in water management, Metcalfe says: “As water becomes an increasingly scarce resource, you’ll see more need for monitoring water in the natural environment as opposed to water meters.”
Another area that’s seeing more development is geographic information systems using grid-based data collections, Metcalfe says. Collected data using grids is less time consuming than collecting data manually. This can be especially useful in EHS scenarios such as a chemical spill, where an immediate cleanup response is needed. “You can see the areas where the chemicals have spilled. The grid as a visual is an emerging way of doing this,” Metcalfe says.
Data Outputs
On the other end of the IoT/EHS spectrum from data inputs is data outputs. Data outputs involve using connected devices to improve EHS management and includes technologies such as wearable devices and mobile apps — think: using a mobile device to scan a barcode from a chemical container, thus enabling an audit of chemical inventory and that can be transferred to a safety data sheet.
The internet of things will make wearable technology a must-have tool for EHS management, according to an LNS Research blog. Whether used to monitor employee heart rates, unsafe sound levels or air quality, for example, “wearable tech is poised to directly impact the workplace from an EHS perspective. After all, this is where wearables bear the greatest potential to improve the most important aspects of our collective well-being: the health of individual workers, the mitigation of safety hazards, and the reduction of harmful environmental impacts.”
Honeywell Connected Worker
Earlier this month Honeywell and Intel showcased a prototype of a personal connected safety solution for industrial workers and first responders that aims to reduce workplace injury and improve productivity.
The Honeywell Connected Worker solution includes a Mobile Hub that collects and provides sensor fusion, which refers to data collected from a variety of sensors on a worker. The Mobile Hub pulls data from a self-contained breathing apparatus (SCBA), a heart rate monitor, and several Intel Quark SE microcontroller based devices, including a toxic gas monitor, an activity detection device, and a non-verbal gesture device.
It monitors workers for toxic gas exposure, breathing, heart rate, posture and motion. The resulting data and actionable intelligence is displayed remotely on a visual, cloud-based dashboard, giving plant managers and incident commanders the information needed to better anticipate unsafe conditions and prevent potential “man-down” scenarios that could threaten worker safety, Honeywell says.
In addition, the data can be used to prevent equipment failure that could create unsafe conditions or costly downtime.
EHS Spending on the Rise
As connected devices become more commonly used in EHS management, expect spending to follow suit.
Verdantix’s global EHS spending forecast, published last week, found 10 percent of firms will increase spending in 2016 by double digits and 21 percent will spend between 5 percent and 9 percent more next year. Three quarters of respondents expect budgets to increase in 2016, which is an increase from 62 percent who increased spend in 2015.
The global research firm is currently wrapping up its EHS Green Quadrant study, Metcalfe says, and it found mobile apps are the next big thing. “In 2016, having an effective mobile app for EHS management is a must-have,” he says. “Eighty percent of leading EHS vendors have already developed something.”
Barriers to Adoption
Barriers to adoption remain, Metcalfe says. These include cyber security regulations and internal IT regulations that may not allow mobile devices in restricted areas. Additionally, for employees to use mobile EHS apps, they must be designed in such a way that employees who are used to operating big machinery, for example, can interface with the app effectively.
As Metcalfe says, “There’s great promise in how to leverage IoT architecture for ESH but we’re right at the beginning of the 20 year learning curve.”
Read more: http://www.environmentalleader.com/2015/11/25/leveraging-iot-to-improve-ehs-management/#ixzz3saN8J5p9 -
Kaiser Permanente Bans 15 Antimicrobials In New Building Materials
Nov 26, 2015 | Chemical Watch
By Catherine Cooney
One of the largest healthcare providers in the US has prohibited the use of 15 antimicrobials in fabric, furniture and finishes, in any future building projects.
Kaiser Permanente says it consulted with infection-disease experts before notifying furniture and fabric suppliers it would no longer buy products containing these actives.
The company says it agrees with the 2003 finding of the US Centre for Disease Control and Prevention’s (CDC) that proper cleaning and disinfecting of surfaces will kill pathogens effectively and prevent the risk of spreading hospital-associated infections. This risk is further reduced if staff and patients wash their hands appropriately.
Kaiser Permanente has 38 hospitals and more than 600 medical offices in the US. Although the ban applies to new construction projects not yet in the purchasing phase, the company says the decision will have significant influence.
It points out that it has thousands of construction projects – from minor remodels to major hospital construction – underway at any time.
“Our thought is that if there’s a non-chemical way to solve a problem or greener products that offer the same performance, we should pursue those as a safer alternative,” said John Kouletsis, Kaiser Permanente’s vice president of facilities planning and design.
Bill Walsh, with Healthy Building Network, a US NGO, said that Kaiser Permanente’s decision will influence the building material choices of other large organisations.
“Kaiser Permanente is looked at as an innovator,” Mr Walsh said. “Other healthcare systems and other building owners are likely to review their own building policies to see if they are using materials with biocides.”
The 15 banned antimicrobials are: benzisothiazolin 3-one (BIT); 4,4-dimethyloxazolidine; didecyl dimethyl ammonium chloride (DDAC); diiodomethyl p-tolyl sulfone; hexamethylenetetramine; kathon 886 (CIT/MIT mixture); methylchlorothiazolinone (CIT, CMIT); methylisothiazolinone (MIT); n-octadecyldimethyl (3-(trimethyoxysilyl) propyl) ammonium chloride; quaternary ammonium compounds, benzyl-C8-16-alkyldimethyl, chlorides; silver (nano); silver sodium hydrogen zirconium phosphate; silver zinc zeolites; triclosan; andzinc pyrithione.
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European Parliament Seeks Halt in DEHP Authorizations
Nov 26, 2015 | BNA Daily Environment Report
By Stephen Gardner
The European Commission should not proceed with authorizations under the European Union's REACH regulation for three companies to sell recycled soft polyvinyl chloride (PVC) containing the hazardous substance bis(2-ethylhexhyl) phthalate (DEHP), European Parliament lawmakers said Nov. 25.
Sitting in Strasbourg, France, members of the European Parliament voted 603–85, with five abstentions, in favor of a nonbinding resolution that said the commission, the EU's executive arm, exceeded its powers in preparing to grant the authorizations.
A draft commission decision that would permit the authorizations was flawed because it overlooked evidence from two European Chemicals Agency (ECHA) committees that highlighted risks of DEHP in soft polyvinyl chloride, lawmakers said in the resolution.
In particular, the resolution said the ECHA Risk Assessment Committee had noted that the authorization applications “did not demonstrate that the risks to workers' health from the uses applied for were adequately controlled,” while the ECHA Socio-Economic Analysis Committee was unable to form a proper opinion on the authorization bid because of insufficient information on the impact on workers' health.
Consequently, the commission should withdraw its draft decision and “submit a new draft rejecting the applications for authorization,” the European Parliament resolution said.
Worker Safety Concerns
The European Parliament's environment committee backed a rejection of the DEHP authorization Nov. 10 (218 DEN A-9, 11/12/15).
The authorization applications were submitted by two Italian companies, Vinyloop Ferrara and Plastic Planet, and Sweden's Stena Recycling in 2013 (220 DEN A-12, 11/14/13).
Under REACH (Regulation No. 1907/2006 on the registration, evaluation and authorization of chemicals), hazardous substances can be phased out from use in the EU, but continued-use authorizations can be granted if companies demonstrate that there are no viable alternatives, or that the risks arising from use of a substance can be controlled.
DEHP is one of 31 hazardous substances so far made subject to phaseout orders in the European Union under REACH.
The European Parliament said lawmakers sought to block the DEHP authorization in particular because the substance is considered to have hormone-disrupting properties that could affect workers' fertility.
The draft commission decision would be finalized if approved by a vote of a committee of EU member state representatives, with the commission itself taking the final decision if member states are unable to agree, the parliament statement said.
Lessons for Future Authorizations
Spokeswoman Lucia Caudet told Bloomberg BNA that the commission was “carefully listening to the views and concerns expressed by the European Parliament.”
She added that the commission's draft authorization decision “follows independent scientific advice and is based on careful analysis of all available information, including potential risks to human health.”
In addition, allowing an authorization for DEHP in recycled PVC would “reduce the need for new PVC and avoid increasing [the] burden for disposing waste material,” she said.
ECHA said in a statement to Bloomberg BNA that although its Risk Assessment Committee raised concerns about worker health, it had “concluded that risks were adequately controlled for articles for the general public containing DEHP.”
The Socio-Economic Analysis Committee had determined that an authorization would be “proportionate,” and “there are no technically and economically feasible alternative substances or technologies for the applied uses,” ECHA said.
Though the European Parliament resolution was addressed to the commission and has “no direct impact” on ECHA, “we will have a discussion with the commission to see if there are learnings for the future,” the chemicals agency said.
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MEPs Call For Ban On Recycled Plastics Containing DEHP
Nov 25, 2015 | Chemical Watch
MEPs have passed a non-binding Resolution demanding that the European Commission does not authorise the recycling of plastics containing the phthalate plasticiser DEHP.
The Resolution, passed in the European Parliament, says the substance poses a toxic threat to exposed workers and could render their male foetuses sterile.
DEHP is used to soften PVC items such as footwear and floor coverings. the plasticiser is included in the REACH authorisation list (Annex XVII) and all non-authorised uses, or those uses for which authorisation applications have not be submitted, had to be phased out by 21 February this year. But some uses have been authorised, and many more are in the pipeline awaiting final decisions.
The Resolution says it is unacceptable to allow potential cases of male infertility so that PVC recyclers and downstream users can save costs "to compete with low-quality imports".
“Recycling should not justify the perpetuation of the use of hazardous legacy substances”, it said.
DEHP is banned under REACH. However, the Commission is proposing to authorise the recycling of old plastics containing it into new PVC products.
The European Parliament resolution was agreed by 603 votes to 86, with five abstentions. EU member states still have to approve its draft decision.
The European trade body for plasticiser producers, ECPI, said it was disappointed by the vote. The organisation's general manager Stéphane Content said that ECPI respects the right of the Parliament to "oversee an implementing measure, but it is essential to underline that the Commission has been strictly adhering to its mandate under REACH.
"This is a highly complex and technical process based on thorough scientific and socio-economic impact assessments."
Mr Content pointed to favourable recommendations from Echa’s Risk Assessment (Rac) and Socio-economic Analysis Committees (Seac), and added: “PVC can be recycled without loss of performance and with risk control for human health and the environment.
"The alternatives to recycling are incineration, landfilling and export outside the EU leading to an outright loss of valuable materials for the EU economy.”
Parliament's vote follows a decision by its Environment Committee (CW 12 November 2015). It heard that DEHP has been known to adversely affect the endocrine system of mammals. The substance, the committee said, “may cause irreversible developmental programming effects, leading to severe effects on development and reproduction”.
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Oil Halts Gain as U.S. Supplies Weighed Against Drilling Decline
Nov 26, 2015 | Bloomberg
By Ben Sharples
Oil halted three days of gains near $43 a barrel as expanding U.S. inventories countered signs drilling is slowing in the world’s biggest consumer.
Futures fell as much as 0.8 percent in New York after advancing 6.6 percent the previous three days. The number of rigs targeting oil fell by 9 to 555, the lowest level since June 2010, Baker Hughes Inc. said on its website. Crude stockpiles in the U.S. increased for a ninth week to near a record, according to the Energy Information Administration.
Oil has slumped more than 40 percent the past year amid speculation the surplus will be prolonged with U.S. inventories more than 100 million barrels above the five-year seasonal average and as OPEC pumps above its quota. Iran will pitch more than 50 oil and natural gas projects to foreign investors at a conference in Tehran starting Saturday as the government prepares for the end of sanctions.
“The short-term trend for prices has been up, but oil has started to lose momentum,” Ric Spooner, a chief analyst at CMC Markets in Sydney, said by phone. “There is not a lot of change in the underlying crude stockpile data, the U.S. figures are consistent with what we’ve seen in recent weeks.”U.S. Supplies
West Texas Intermediate for January delivery fell as much as 34 cents to $42.70 a barrel and was at $42.85 at 4:40 p.m. Hong Kong time on the New York Mercantile Exchange. The contract added 17 cents to $43.04 on Wednesday. The volume of all futures traded was about 8 percent above the 100-day average.
Brent for January settlement was down 37 cents, the first decline in seven days, to $45.80 a barrel on the London-based ICE Futures Europe exchange. The contract increased 5 cents to $46.17 Wednesday. The European benchmark crude was at a premium of $2.97 to WTI.
U.S. oil drillers have idled more than half the country’s rigs since December, according to Baker Hughes, an oilfield-services company. The number of active machines have dropped for 12 of the past 13 weeks.
Crude stockpiles increased by 961,000 barrels last week to 488.2 million, the EIA report Wednesday showed. Supplies rose to 490.9 million barrels in April, the highest level in weekly data since 1982. Inventories at Cushing, Oklahoma, the delivery point for WTI and the biggest U.S. oil-storage hub, expanded a third week to 58.6 million barrels.
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The Tragedy Of The Crude Oil Export Ban
Nov 25, 2015 | The Hill - Congress Blog
By David Porter
As Congress looks at end-of-the-year priorities, top on its list must be ending the Federal ban on U.S. crude oil exports. This outdated policy puts American companies at a competitive disadvantage and is causing significant economic harm and jobs losses in my home state of Texas and across the country.
The world has changed drastically since the 1970s and the Federal crude oil export ban no longer serves its intended purpose. Forty-two years ago, war raged in the Sinai Peninsula. Egypt and Syria, hoping to avenge their territory losses from the Six-Day War a few years earlier, had launched a surprise attack on Israel on Yom Kippur –the most holy day of the Jewish calendar. Shortly into the war, President Richard Nixon authorized a strategic airlift to provide military supplies to the Israelis. Arab states retaliated through the Organization of the Petroleum Exporting Countries (OPEC), resulting in an oil embargo on Western countries that caused a massive spike in price.
Scrambling to respond, Congress enacted various measures, including price controls (that led to gas station lines stretching blocks), direct rationing and a ban on exporting crude oil from the U.S. Most of those laws have long since been eliminated, but the export ban lives on, a relic of the past that now serves exactly the opposite of its once intended effect.
The export ban was intended, above all, to protect our domestic oil supplies in an era of oil scarcity and help keep gasoline prices low. Four decades later, a wide body of research indicates that eliminating the ban now in an era of oil abundance would stabilize and even lower the price of gasoline at the pump for millions of Americans. This is because domestic gasoline prices are based on global oil prices. Lifting the ban would increase the global oil supply and lower global oil prices – which would lead to savings for U.S. consumers at the pump. According to scholars at the Columbia University Center on Global Energy Policy – who both happen to be former advisers to President Obama and Secretary Clinton – lifting the ban would cause prices at the gasoline pump to fall, potentially as much as 12 cents per gallon.
The export ban was also intended back in the era of oil scarcity to protect U.S. industry (and the jobs created with it) from the shock of OPEC's price-making actions. However, the export ban now actually magnifies the impact of a recent OPEC supply glut designed to harm U.S. oil workers.
Over the past few years, the hydraulic fracturing revolution has catapulted the U.S. into the upper echelon of oil producing nations, bringing with it hundreds of thousands of middle class wage jobs. In turn, it has also helped to weaken the influence of Russia and Arab States that depend on oil production for their power.
Facing the potential end to their monopolistic pricing power, OPEC has moved aggressively to maintain market share by increasing production, which has plunged prices and eliminated a number of U.S. oil producers in the process. Because of the Federal crude oil export ban, significant amounts of U.S.-produced oil end up essentially “trapped” in the U.S. market, creating a local supply gut that only amplifies the impact of OPEC's actions.
As chairman of the Texas Railroad Commission, which is the state's chief energy regulator, I've seen the impacts first hand.
In May 2014, the state issued 2,389 permits. One year later, the number was 916. Each drilling rig creates approximately 224 jobs, so with the loss of 1,072 rigs, we lost over 240,000 jobs.
This has caused significant economic pain in our state. Unlike the glamorized windswept plains in a Hollywood movie, the industry in Texas and across the country is composed of hardworking, middle class people who are hoping to make ends meet and send their kids to college. Lifting the crude oil export ban would create new opportunities and help put these people back to work.
Two well-respected scholars at the Brookings Institute, Charles K. Ebinger and Heather L. Greenley recently wrote, “lifting the ban on crude oil exports would be overwhelmingly beneficial for the U.S. economy and U.S. energy and national security.” Congress and the president should not ignore the advice of these and a host of other experts from across the political spectrum who are advocating for the repeal of the crude oil export ban.
It’s been forty years since the ban was put in place, and it’s well passed time to eliminate this policy. Congress and the president must take immediate action to lift the ban in order to protect American jobs, our economy and our national security. Let’s leave this relic in the scrapheap of history where it belongs and embrace our position as a global energy superpower. Let’s lift the ban on crude oil exports.
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Fourth Circuit Blocks McCarthy Deposition on Job Impacts
Nov 26, 2015 | BNA Daily Environment Report
By Andrew Childers
A federal appellate court has blocked a coal company's bid to depose Environmental Protection Agency Administrator Gina McCarthy in a lawsuit over the impact of Clean Air Act regulations on jobs (In re Gina McCarthy, 4th Cir., No. 15-2390, order issued, 11/25/15).
The U.S. Court of Appeals for the Fourth Circuit issued a writ of mandamus Nov. 25 precluding the U.S. District Court for the Northern District of West Virginia from requiring McCarthy's testimony in a lawsuit brought by Murray Energy Corp. and 11 affiliated coal companies.
The agency had argued McCarthy as a Cabinet rank official should be precluded from deposition, because the information being sought by Murray Energy was readily available elsewhere.
Murray Energy's District Court lawsuit seeks to compel the agency to evaluate the impact its air pollution regulations have on jobs as required by Section 321(a) of the Clean Air Act. The coal companies argue rules such as carbon dioxide standards for power plants and hazardous air pollution limits for industrial boilers have affected jobs in the industry.
The EPA sought the writ of mandamus from the Fourth Circuit after District Court Judge John Preston Bailey denied the agency's motion to shield McCarthy from deposition (Murray Energy Corp. v. EPA, N.D. W.Va., No. 5:14-cv-00039-JPB, order issued 11/12/15; 222 DEN A-2, 11/18/15).
The Fourth Circuit did not offer a detailed explanation for its decision but promised “a reasoned exposition for the basis for granting the writ of mandamus will follow shortly.”
The petitioners have 14 days to petition for rehearing either before the same panel of judges that issued the order or before the full Fourth Circuit. Alternately, the coal companies have 90 days to petition the U.S. Supreme Court to review the order.
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For Women With Diabetes, Air Pollution Has Higher Heart Risks
Nov 25, 2015 | Reuters
By Kathryn Doyle
Particle pollution like soot is a known health hazard and linked to the risk of heart disease and stroke, but women with diabetes are even more vulnerable than most people, according to a new U.S. study.
“There is a convincing literature that long-term air pollution is associated with a higher risk of cardiovascular disease,” said lead author Jaime E. Hart of Brigham and Women’s Hospital and Harvard Medical School in Boston, adding, “a number of studies of short-term air pollution exposures have suggested that individuals with diabetes are at higher risk of cardiovascular disease.”
The researchers studied 114,537 women in the decades-long Nurses’ Health Study for whom there was data on pollution exposure and health outcomes. Between 1989 and 2006 there were 6,767 cases of cardiovascular disease, 3,878 cases of coronary heart disease and 3,295 strokes in the group.
Cardiovascular disease risk rose slightly for all women with increasing exposure to the kind of tiny pollution particles that come from engine combustion, power plants and road dust.
For the women with diabetes, however, the risk increases were greater – for every additional 10 micrograms of pollution particle exposure, there was a 19 percent increase in the odds of cardiovascular disease and 23 percent increase in the odds of having a stroke.
The finest particles, known as PM 2.5, which typically come from vehicle exhaust and power plants and can enter the bloodstream after being inhaled raised risk the most. Exposure to an additional 10 micrograms of PM 2.5 pollution led to a 44 percent increase in heart disease and 66 percent increase in stroke risk, according to the results in the Journal of the American Heart Association.
The U.S. Environmental Protection Agency safe exposure limit for PM 2.5 particles outdoors is an average of 12 micrograms, or 12 millionths of a gram, per cubic meter of air over a 24-hour period. The World Health Organization puts the limit at 20 micrograms.
Pollution was also particularly harmful for women age 70 and older, those who were obese and those living in the Northeast or South. Risks were highest in relation to pollution exposure within the previous 12 months.
“There is some evidence to suggest that when women with diabetes are exposed to air pollution that they have higher levels of air pollution and oxidative stress than women without diabetes, but I think this is an area where more research is needed,” Hart told Reuters Health by email.
“Most of the evidence suggests that the results would be similar in men, but interactions with hormones can't be ruled out,” he said.
Diabetes is an inflammatory disease, and air particles may cause further inflammation, putting more stress on the cardiovascular system, said Dr. Bart Ostro of the Air Pollution Epidemiology Section of the California Office of Environmental Health Hazard Assessment, who was not part of the new study.
“I know diabetics already have a lot to think about and worry about,” but taking the same steps they already take to manage their diabetes, like diet, exercise and medications, may reduce heart disease risk as well, Ostro told Reuters Health
“People downwind from power plants are definitely going to have a higher risk,” he said. “I don’t know if I would tell people to move immediately, but it’s a risk to be taken into account.”
Major roadways are also important pollution sources, he said.
“Given the vast literature on the adverse health effects of air pollution, I do believe that people should be concerned about air pollution exposures,” Hart said. “I think the recommendations for women with diabetes would be similar to advice for all women: don't smoke cigarettes, eat a healthy diet, get regular exercise and, when practical, avoid being outside in areas of high pollution.”
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The Moral Dimension To Energy And Energy Policy
Nov 25, 2015 | Forbes
By Jim Granato
Pick up books on energy policy and you typically find models, data, graphs, and tables. Science and data rule. But that ignores an important area that is harder to define but just as important in determining the correct policy.
James Griffin’s 2009 book Smart Energy Policy is a case in point. There is much wisdom in his book. True to his background, Griffin, a professor of economics and public policy at the George Bush School of Public Policy at Texas A&M University, focuses on the trade-offs between “cheap, clean, and secure energy” and offers some solutions reflecting his view of a more appropriate way to price energy – particularly fossil fuels.
Yet, policy is more than an exercise in theory, data, and tests. Indeed, what is seldom emphasized in energy policy publications is the moral dimension and the competing visions of “what is right.”
Often the so-called scientific “tools” – theory, data, etc. – lack sufficient acumen to provide policy prescriptions that make us better off. The question then, is if a policy needs to implemented, what can we do in the face of such scientific uncertainty?
Enter the moral dimension. We need to discuss the trade-offs about values, but this seldom happens. Imagine, for example, if someone argued there is a moral case for the use of fossil fuels. What would be the moral arguments for and against using fossil fuels. Is there any room for compromise between these competing arguments?
In his The Moral Case for Fossil Fuels Alex Epstein, president and founder of the Center for Industrial Progress, presents useful and rare description of the competing moral visions regarding fossil fuel use. In Espstein’s view, the moral dimension to support fossil fuel usage is “human flourishing,” which involves answering the following questions: What will promote human life?What will help us realize full potential in life?
Notice the focus on a human standard of value. What would be an alternative moral viewpoint? It can be found in the work of environmental activist Bill McKibben. He places greater emphasis on the value of nature. As a result, and in McKibben’s view, human flourishing needs to be temporized to minimize environmental impact.
Whatever your own view, what should not be missed is the added value of incorporating rival moral arguments to policy questions. Is give and take possible between these rival viewpoints? Maybe. Maybe not. The other important matter is that even if there are deep moral disagreements, it can only help having the factors that are the source(s) of the dispute open for rational discussion.
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California AG Joins Local Environmental Crimes Case
Nov 26, 2015 | BNA Daily Environment Report
The Ventura County District Attorney's office will get some help from California state prosecutors in its ongoing case alleging environmental and other crimes against the Santa Clara Waste Water Company and several of its employees. California Attorney General Kamala D. Harris said Nov. 24 her office will formally join the county's prosecution of nine individuals, Santa Clara Waste Water Co. and Green Compass Environmental Solutions LLC. The charges follow an investigation related to a Nov. 18, 2014, explosion at Santa Clara Waste Water's Santa Paula, Calif., facility. A vacuum truck at the facility exploded, causing spot fires and the release of toxic chemicals that resulted in the evacuation of nearby businesses and homes and alleged injuries. The charges include conspiracy to illegally dispose of hazardous waste, failure to warn of a serious concealed danger, handling hazardous waste with reckless disregard for human life, withholding information regarding a substantial danger to public safety, filing a false or forged instrument, and dissuading a witness. The next court date in the case is a Dec. 1 (People v. Santa Clara Waste Water Co., Cal. Super. Ct., 2015023881, 8/19/15).
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EPA Urges District Court To Reverse Order Denying Stay Of CWA Rule Suit
Nov 25, 2015 | InsideEPA
By Bridget DiCosmo
EPA is urging a federal district court to reverse its order denying the agency's request to halt litigation over its Clean Water Act (CWA) jurisdiction rule until an appellate court decides whether it is the correct venue for such suits, warning that having the district court case proceed will create “burdensome, complex, and contentious litigation.”
U.S. District Court for the District of North Dakota Judge Alice Senechal in a Nov. 10 order said that the Department of Justice (DOJ) -- representing EPA -- had failed to show “sufficient reason” for halting the lawsuit in State of North Dakota, et al., v. EPA, et al. The order required the agencies to file file a certified index to the administrative record in the suit, so that any questions about completeness of the litigation record could be addressed.
DOJ had argued in a Nov. 9 motion that the district court case should be stayed pending a decision by the U.S. Court of Appeals for the 6th Circuit, which is slated to hear arguments in Murray Energy v. EPA, et al. on Dec. 8 on whether the appeals court of the district courts should hear initial challenges to the rule.
North Dakota and 12 other states challenging the CWA jurisdiction rule in the district court in earlier briefs urged the court to proceed with the litigation, asking it to set a schedule for hearing motions for summary judgment. They argued against a stay on the grounds that a decision by the 6th Circuit will bind the states because a decision by the appellate court to hear challenges to the rule will mean dismissal of the lower court cases.
Senechal in her order refusing a stay of the suit said that “any binding effect of the Sixth Circuit’s ruling will be decided if there is a motion to dismiss this case, and need not be addressed now.”
DOJ is now urging the judge to reconsider her decision and halt the litigation over the CWA rule, which EPA jointly crafted with the Army Corps of Engineers. The policy aims to resolve confusion about the water law's reach following a Supreme Court ruling in 2006 that created competing tests for jurisdiction. EPA's supporters say it provides much-sought regulatory certainty, but the agency's critics say the rule is overly broad.
Court's Jurisdiction
In a Nov. 24 notice, DOJ attorneys say the magistrate order should have considered in determining whether a stay was appropriate the fact that the 6th Circuit has opted to issue a nationwide stay blocking the implementation of the rule pending a decision and will hear oral argument on the jurisdictional issue in two weeks.
The nationwide stay followed an earlier stay issued by the North Dakota district court case which stayed the rule in the 13 states that filed that suit: The states are: North Dakota, Wyoming, Arizona, New Mexico, Alaska, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, and South Dakota.
DOJ in its new notice argues that the outcome of the 6th Circuit arguments “may put into question this Court’s prior finding that it has subject matter jurisdiction,” adding that the magistrate also failed to consider whether the agencies would incur harm if the litigation were not stayed. “Because the November 10 order is clearly erroneous and contrary to law, the order should be vacated and a stay entered,” the notice says.
Senechal's order “plunges the Court and parties to this action into burdensome, complex, and contentious litigation concerning a nationwide rule that was the product of comprehensive analysis of the relevant science and exhaustive public participation, and which more than 100 parties now challenge in multiple forums,” DOJ adds.
The Nov. 24 notice marks the fourth request that DOJ has made of the district court in North Dakota for a stay in the litigation. In August, Chief District Judge Ralph Erickson granted an injunction blocking the rule's implementation that applies in just the 13 states that involved in the lawsuit, denying DOJ's request to a stay of the litigation.
DOJ subsequently twice renewed the request for a stay, in the first instance pending an outcome of a multi-district litigation (MDL) panel on whether to consolidate the dozen district court challenges.
The second request was the Nov. 9 motion seeking a stay pending a decision by the 6th Circuit, which was designated by another MDL panel as the court to hear appellate suits over the rule.
Pending Litigation
Meanwhile, the D.C. Circuit in a Nov. 24 order granted DOJ's unopposed motion to transfer a lawsuit filed by the American Exploration & Mining Association over the CWA rule in that court to the 6th Circuit.
In the Nov. 20 filing seeking transfer of the suit, DOJ noted that the MDL panel designated the 6th Circuit as the court in which to consolidate all petitioners for review of the CWA jurisdiction rule. As a result, the U.S. Code requires that the D.C. Circuit petition for review be transferred to the 6th Circuit, DOJ said.
In another pending CWA rule suit in the U.S. District Court for the Southern District of Texas, Galveston Division, DOJ has filed an unopposed motion for an extension of time to answer the complaint filed by the Association of American Railroads, which faults various provisions of the CWA rule. The current deadline is Nov. 30, but DOJ in a Nov. 24 filing asks the court to suspend the deadline pending the court's decision on a previous motion to stay the litigation until the 6th Circuit makes a decision on the jurisdictional issue.
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