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Court Deems Lumber Liquidators’ Case a “SLAPP” Suit

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Court Throws Out Lumber Liquidators’ Lawsuit Against Environmental Group

Orders Flooring Giant to Pay Attorneys’ Fees and Costs

Yesterday a California environmental advocacy group won a resounding Court judgment against flooring giant Lumber Liquidators’ claims of defamation. In a 21-page decision, a judge ruled that Lumber Liquidators’ lawsuit against Global Community Monitor (GCM) was a strategic lawsuit against public participation and a clear violation of California’s anti-SLAPP law.

The court battle stemmed from a Proposition 65 lawsuit GCM filed last year against the company for high levels of cancer-causing formaldehyde found in Chinese-made laminate flooring sold by the company. Lumber Liquidators responded with a defamation suit, which was struck down yesterday.

“Lumber Liquidators tried to silence us and the court saw through it,” stated Denny Larson, Executive Director of Global Community Monitor. “The court recognized that we have a constitutional right to free speech. The public likewise has a right to know if any product they buy may be harmful to their families’ health.”

California’s anti-SLAPP statute provides for the “early dismissal of unmeritorious claims filed to interfere with the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.” As Judge Carvill noted in his decision, “The anti-SLAPP statute is ‘construed broadly’ to achieve its goal of ensuring that ‘participation in matters of public significance’ is not ‘chilled through abuse of the judicial process.’” The judge goes on to conclude that Lumber Liquidators did not present sufficient evidence to show that its defamation-based claims against GCM “have any likelihood of success.”

In addition, the Court found that GCM is entitled to recover attorneys’ fees and costs incurred in defending the meritless SLAPP suit. GCM’s attorney, Richard Drury of Lozeau Drury LLP stated, “This is a good day for free speech and for the consumers of the State of California who are concerned that Chinese-made laminate flooring sold by Lumber Liquidators contains cancer-causing formaldehyde far above levels allowed by law.”

Barack Obama

Greenpeace Starts Countdown Clock Asking: Why is Obama Letting the EPA Slow-walk Chemical Plant Safety?

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By Rick Hind, Greenpeace — When he was a Senator, President Obama championed legislation to prevent chemical disasters. On the Senate floor in 2006 he warned, “these plants are stationary weapons of mass destruction spread all across the country.”

As a candidate for in 2008, Obama made it an issue in his campaign platform, Change We Can Believe In

As President he sent representatives from the Department of Homeland Security and EPA to Capitol Hill to testify in favor of the same prevention policies that he had championed in the Senate. After the legislation was blocked by the chemical lobby in 2011 a coalition of over 100 organizations urged the President to use EPA’s long standing authority under the Clean Air Act to prevent future disasters by requiring safer alternatives.

Two years ago on April 17th, following the deadly chemical fertilizer disaster in West, Texas President Obama spoke at the memorial service of the fifteen victims of that preventable calamity, most of whom were first responders, saying, “we’ll be there even after the cameras leave and after the attention turns elsewhere.” Obama video: https://www.youtube.com/watch?v=ARMMiH1UjSk

On August 1, 2013 the President appeared to put those words into action when he issued an executive order directing federal agencies to modernize their safety rules. Last May the EPA committed to finalizing new safety requirements by 2016. But two years after the disaster in West, Texas we’re still waiting for the EPA to begin the rule-making process. In the meantime there have been more than 350 additional chemical accidents. And there are still 466 chemical plants that each pose a catastrophic hazard to 100,000 or more people – 88 of which put one million or more people at risk.

Because the EPA rarely finalizes new rules in less than 18 months, our Coalition has urged them to start as soon as possible. If they don’t finish by June 2016 a new President or Congress could kill it by using the Congressional Review Act (CRA), as President Bush did to important workplace safety rules in 2001.

Unfortunately, the EPA has chosen to wait until sometime in September to start this process.

To track their progress Greenpeace created a Countdown Clock on our web site. If the President and the EPA are serious about prioritizing disaster prevention, they must move up their start time to June 1st of this year so they can finalize a new rule by June 2016. After that, any new rule will be more vulnerable to the CRA.

The safety of millions of people depends on the administration finishing what they started. The EPA has been “considering” this issue on and off for 20 years. We finally have a President who knows how and what to do.

If he’s serious and wants this to be an important part of his legacy, he needs to ensure that the EPA acts as soon as possible. He’s hearing from the chemical lobby so please let him hear from you today by clicking here.

——– ***Chronology of the EPA “Considering” Chemical Disaster Prevention***

1995 “EPA does not favor inclusion of a specific requirement in the initial program for an analysis of the inherent safety of processes…EPA is considering further study of this issue with all stakeholders and requests comment on this issue.”

2002 Following the 9/11 attacks, EPA Administrator Christine Todd Whitman proposed regulations in 2002 following the 9/11 attacks but they were scuttled by the Bush White House. She has since urged Obama to issue new safety rules.

2009 Peter S. Silva, EPA Assistant Administrator for Water, testified in favor of requirements to use inherently safer technologies (IST) also known as safer chemical processes.

2010 Cynthia Dougherty, EPA’s Director of the Office of Ground Water and Drinking Water of the Office of Water testified in favor of requirements to use inherently safer technologies (IST) also known as safer chemical processes.

2011 Rand Beers, Department of Homeland Security Undersecretary testified in favor of requirements to use safer technologies (IST) also known as safer chemical processes.

2012 EPA’s National Environmental Justice Advisory Council recommended that the “EPA use its authority under the 1990 Clean Air Act section 112 (r) to reduce or eliminate these catastrophic risks, where feasible, by issuing new rules and guidance…”

2012 EPA says they will address a petition from 54 organizations urging that they use their Clean Air Act authority to require inherently safer technologies (IST).

2013 President Obama issued Executive Order 13650 giving federal agencies such as the EPA, DHS and OSHA nine months to propose ways to modernize their chemical facility safety and security policies.

2014 In a multi-agency report to the President the EPA pledged to complete new regulations by 2016 including possible requirements for inherently safer technologies (IST)

2015 EPA plans to issue “proposed” regulations in September 2015 with the expectation of completing them in 2016.

Gibbs Ohio

Board of Directors Announce Lois Gibbs Shifting Energy To Field

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The Board of Directors of the Center for Health, Environment & Justice (CHEJ) is pleased to s, our founder and Executive Director, has accepted the opportunity to shift the focus of her work to our newly created Leadership Training Academy program.

To maintain our momentum in supporting community-based environmental health and justice work, we have begun the formal search for the next grassroots leader with excellent training and management skills and a vision of powerful action – our successor Executive Director. To support the Board in the search process, CHEJ has engaged Democracy Partners. Our process of outreach and selection begins very soon. Questions or suggestions should be directed to Cheri Whiteman by e-mail at cheriwhiteman@democracypartners.com.

Lois Gibbs will shift her full-time attention away from her current day-to-day administrative responsibilities with the engagement of our next Executive Director, which is expected to occur this summer. “I’m excited to spend more time in the field to build the advocacy base for change!” said Lois, “and it’s a great opportunity for one of the emerging community leaders out there to take CHEJ to the next level!”

CHEJ has launched the Leadership Training Academy program to strengthen and sustain the infrastructure of fledgling environmental health and justice organizations in the United States.

CHEJ recently completed a strategic review and refocus of our work. We were aided as a Board in this process by a group of allies and advisors, and our retreat was facilitated by Jim Abernathy. In examining our work, the following important findings led CHEJ’s Board to take those steps to reshape the organization to meet the increasing demand from the field for Leadership Training Academy program services:

• There are more local, state and regional groups emerging than in the past. This is due primarily to energy-related proposals and activities such as pipelines, extraction wells, export terminals and associated waste disposal.

• Established groups are growing and looking for advice on long-term organizing, establishing collaborative efforts, Board development and establishing a three-year strategic organizational plan.

Lois describes the Academy program this way: “The Leadership Training Academy is a training center ‘without walls.’ It provides a distinctive brand of leadership skills-building training and mentoring of local group leaders around the country to build the base of the environmental health and justice movement. This program is based on a proven, time-tested methodological framework that is grounded in CHEJ’s 34 years of grassroots leadership and coaching experience, campaign strategy knowledge and the tactics of successful grassroots victories. A special focus of the training activities is with thousands of women leading grassroots groups on a range of environmental health and economic justice issues. People of color, young people and women together comprise what many call the ‘emerging American electorate,’ and it is they who will both determine environmental and economic policy, and live with the consequences of the decisions.”

I personally am excited to “free Lois” to spend more of her energy in the field, and the Board of Directors looks forward to working with new leadership. We’ve always known that success comes when we learn from the past and step boldly into the future. With a new CHEJ Executive Director and our legendary friend and teacher, Lois Gibbs, we will have the best of both worlds!

Thank you,

Peter B. Sessa
CHEJ Board Chair

no-fracking MD -bloomberg 304

Maryland Senate Pass Ban on Fracking – Nexr the House Vote

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The natural gas extraction method known as “fracking” would be banned in Maryland until October 2017 under legislation approved Monday night by the Maryland Senate.

By a 45-2 vote, senators sent the measure to the House, which has passed a version of the bill that environmental advocates believe is stronger. The House bill calls for a three-year moratorium and further study of the health and economic development impact of the practice. The Senate bill does not require a study.

It now needs to go back to the house who earlier this year passed a stronger bill so should be no problem.

Read the entire story here.

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Did Chemical Company Author New Chemical Bill

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In recent days, a draft of the bill — considered the product of more than two years of negotiation and collaboration between Sen. David Vitter, R-La., Sen. Tom Udall, D-N.M., and both chemical industry and environmental groups — was circulated by Udall’s office ahead of the hearing. The draft bill, obtained by Hearst Newspapers, is in the form of a Microsoft Worddocument. Rudimentary digital forensics — going to “advanced properties” in Word — shows the “company” of origin to be the American Chemistry Council.   Read full story here.

Safeguard America Resources

Southern Community Groups Call for the Right to Say No to Natural Gas Facilities

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Campaign to Safeguard America’s Resources Today community groups in Virginia, North Carolina and Georgia called for the establishment of local veto power over natural gas extraction, transport and use. At rallies, marches and other public events extending from Floyd, Virginia, across North Carolina to Valdosta, Georgia, people joined in a chorus of protests against pipelines, compressor stations, power plants, hydrofracking wells and waste dumps and for the restoration of property rights and local control over energy policy in the Southeast.

Lou Zeller, Executive Director of the Blue Ridge Environmental Defense League, said, “Today we launch the campaign to Safeguard America’s Resources because of our nation’s dangerous reliance on fossil fuel, including natural gas, which pollutes the air and water. But we also see a parallel danger to our communities, to our society and to our democracy from a dominant oil and gas industry.”

At press conferences in county courthouses, community buildings, a university and a small church, League chapters called for action to halt natural gas facilities in their communities. Following the speeches, they joined caravans and parades to focus public opposition at the local government level. Events across the region echoed the twin themes of danger and opportunity.

Kim McCall, Secretary of the Concerned Citizens of Richmond County, North Carolina, spoke against hydro-fracking and the expansion of Duke Energy’s natural gas power plant in Hamlet. She said, “We are petitioning local governments for the ability to veto projects that threaten our homes, our families and our neighbors.” The group has petitioned EPA to deny the air permit to increase toxic air pollution by 36% from the combustion turbine electric power plant in her backyard.

To launch their campaign in Lee County, North Carolina, members of EnvironmentaLEE held a prayer vigil and rally at Mount Calvary Baptist Church, which is located in front of the brickyard in Sanford where the dumping 8 million tons of Duke Energy’s toxic coal ash is proposed. Deb Hall, a member of EnvironmentaLEE, said, “We are already ground zero for fracking, and the North Carolina General Assembly stripped local governments of their ability to control fracking and coal ash dumping. This threatens our health, the environment, community self-determination, and property rights.”

Mark Laity-Snyder, a founding member of Preserve Franklin county, joined others carrying black coffins in a caravan to Floyd, Virginia. He said, “We chose a coffin to represent the loss of a basic American right, the right to be secure in our homes without private companies taking our land.” Jenny Chapman, from nearby Preserve Bent Mountain, said, “For a corporation like Mountain Valley Pipeline to override the rights of private citizens to their land, safety and quality of life is unacceptable.”

Pat Hill, co-founder of Person County PRIDE in Roxboro, North Carolina, said, “My husband and I live next to the Republic mega-dump. We want to have a voice in protecting our water and air quality because we live with it every day.” She continued, “The toxic wastes deposited here endanger our health and the health of our neighbors. Coal ash contains arsenic, lead and many other poisons. Because hydrofracking uses secret contaminants, it could have an unknown number of dangerous compounds.”

Michael G. Noll, President of Wiregrass Activists for Clean Energy in Valdosta, Georgia, sounded a note of hope, saying, “This is the beginning of a new era, where we see the unified efforts of communities across the nation to safeguard America’s resources, to wean ourselves of fossil fuels, and to protect the unalienable rights of citizens to clean water and air. I am convinced that safe and renewable sources of energy like solar and wind will be the lunar landing of our generation.”

Mara Robbins, Virginia Campaign Coordinator for the Blue Ridge Environmental Defense League and organizer of the Floyd March and Demonstration, said, “We chose to have this action here because we stand in solidarity with all the counties that are resisting the threat of the Mountain Valley Pipeline.” She pointed to many different communities in three states that are calling for community-level veto power over fossil fuel projects. Referring to her success in pushing the pipeline route out of her home county, she said, “Though Floyd is not in the line of fire at the moment, we claim the right to say NO to dangerous proposals that utilize eminent domain over the wishes of the people. And we think all communities deserve that right.”

The Blue Ridge Environmental Defense League was founded in 1984. The organization has a thirty-year track record of victories over polluting facilities.

Ohio Govenor Kills Green Energy & NYS Invests

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It was only a short while ago when the Ohio Legislature essential killed all efforts to bring clean green energy and energy use reduction to the state. Ohio Gov. John Kasich dashed the hopes of environmentalists, leading manufacturers and renewable-energy businesses in June when he signed a bill shelving requirements for utilities to ramp up the use of renewable energy and energy efficiency. Kasich welcomes fracking and other nasty industrial processes to his state while other states are taking a more proactive and protective direction.

Recently, New York Governor Cuomo announced a ban on fracking in NY sighting the many unknown health issues that  have not been addressed and the potential impacts are too great to allow fracking to proceed in the state at this time.

Acting Health Commissioner Dr. Howard Zucker said that in other states where fracking is already happening, he found that state health commissioners “weren’t even at the table” when decisions about the process were made.

Zucker add “I cannot support high-volume hydraulic fracturing in the great state of New York,” also noting that he would not live in a community that allows fracking and would not want his children to play in the soil in such a place.

We give the Governor of NY an A+ for his due diligence in protecting the citizens of NY and the Governor of Ohio a big fat red letter F for his lack of caring or concern for the residents of his state.


This January 2015 NYS Governor began pushing for investments in clean green energy.

PA Ban Fracking Now March

Demand What You Want-Not What’s “Feasible”

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Truer words have never been spoken. In CHEJ’s recent training on Lessons Learned from New York State, which recently banned fracking until it can be proven safe, Eric Weltman from Food and Water Watch told the group to demand what you want not what is feasible.

I find it frustrating and a bit troubling when I visit communities who are struggling to protect their health and environment from environmental threats and they ask for less than they deserve and need. When I ask leaders, “why short change themselves,” they often respond saying they don’t want to sound unreasonable or worse because their opponents said it’s too expensive. Leaders and community members are often bullied into believing that they must take less or they won’t get anything. This is just not true.

At Love Canal in 1978, our community was told that government does not evacuate families and purchase homes because of toxic pollution. If we didn’t stick to our goal we would never had been evacuated. When the environmental health and justice movement demanded that no more commercial landfills be built, we were all told it must go somewhere. Several years later up until today no new commercial hazardous wastes landfills have been built, although it is still legal to do so.

In one of CHEJ’s consumer campaigns around a multinational corporation, we were demanding they take certain products off their shelves. The corporations response was, we won’t be bullied by radical environmental group. Yet a short time later they did exactly what we and consumers across the country asked.

No one should ask or accept as the final decision, what is not right and fair. However, winning the big ask is more difficult and demands serious discipline. Everyone needs to be on the same page and demand the same goal. Yes, there are always those few who will say out loud and even in the media that they would be wiling to accept less. Yet if the loud vocal people, the base of the majority, the framers of the campaign stick with their larger goal for justice, they will dominate the campaign. Those with smaller goals will be essential drowned out by the voices and actions of this  larger group.

This was the case in New York State around fracking. There were good people who would have accepted better regulations or only drilling in certain parts of the state. In every issue those working from various groups often have different goals. Sometimes their efforts help build toward the larger goal and other times they may be an irritation. The key to win it all is to build larger stronger, more visible opposition and demand for the larger goals. In this way you can win your goals without publicly fighting with others.

As Eric told us, “we were relentless. With op-eds, press events, using the public participation/comment period to submit a hundred thousands of “comments” that said Ban Fracking Now –not detailed line by line comments about regulations that were proposed. Hundreds of groups participated in bird dogging the governor who couldn’t go anywhere without a group, small or large in his face demanding he ban fracking.”

Secondly, Eric was clear that you need a single target, in NYS it was the governor. “You need to find the person who has the power to give you what you are demanding,” he said. I would add that it always needs to be a person not an entity, like regulatory agency or corporation. You need a human face on your opponent and your messengers to make it all work.

This is a time tested strategy and if you follow it you are more likely to receive a higher level of justice not a compromising solution.

Beautiful-Smile-Young-Girl

Former DNR Official Issues Open Letter About Handling of Burning Bridgeton Landfill

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A former official with the Missouri Department of Natural Resources writes a sizzling farewell letter about the burning Bridgeton landfill. He has issued an open letter claiming politics – not science – is dominating the state’s handling of the landfill crisis. Norris says within the DNR, scientists are “losing their minds because they are fighting their own management structure,” which seems more concerned with politics than public safety. He says there is “an overall cozy relationship between the landfill owner and the DNR.” Read more.

baby

Stop Poisoning The Children

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When will we stop poisoning our children?  What is a child’s life worth? I can’t help but ask those questions today as I click through my e-mail box and see the story on fracking related health effects, around birth defects and infertility and another on cancer, respiratory disease and more. As I scroll down there’s a new story by the Center for Public Integrity focused on a study finding childhood leukemia related to the petrochemical industry.

“Children, developing fetuses, they’re especially vulnerable to environmental factors,” says Ellen Webb, the study’s lead author and an energy program associate at the Center for Environmental Health. “We really need to be concerned about the impacts for these future generations.”

The Center for Public Integrity story is almost a mirror image of the story about Woburn,  Massachusetts. Parents in that community in the late 1970’s discovered a cluster of childhood leukemia while taking their children into the hospital for treatment. For those who are familiar with the Woburn story just read the paragraphs below for the article and see the similarities.

“It was December 29, 1998, six years after Jill McElheney and her family had moved next to a cluster of 12 petroleum storage tanks. Jill was escorting her son Jarrett, then 4, to the doctor again. He had spent the day slumped in a stroller, looking so pale and fatigued that a stranger stopped her to ask if he was all right.

It was an encounter Jill couldn’t shake. For the previous three months, she had noticed her once-energetic preschooler deteriorating. He complained of pain in his knee, which grew excruciating. It migrated to his shoulder and then his leg. His shins swelled, as did his temples. At night, Jarrett awoke drenched in sweat, screaming from spasms. Jill took him to a pediatrician and an infectious-disease specialist. A rheumatologist diagnosed him with anemia.

Doctors identified a common form of childhood leukemia. “I heard the words,” Jill recalled, “and I only knew the bald heads and the sadness.”

In the waiting room, family members heard more unsettling news: A neighbor’s child also had developed leukemia.

Days later, Jarrett’s doctor penned a letter to federal environmental regulators about the two cancer patients, highlighting their “close proximity” to Southeast Terminals, a group of 10,000-gallon tanks containing gasoline, diesel and fuel oil.

“Could you please investigate,” the doctor wrote, “whether high levels of chemicals could have contaminated the water, possibly contributing … to the development of leukemia?”

I can remember like it was yesterday, talking with mothers from Woburn literally telling the same story. Why are corporations allowed, now over thirty five years later, to continue to poison our children? These children have parents, grandparents, sisters, brothers, names and personalities. They are not just numbers in a report or statistics in someone’s research they are little people and are helpless. It is well past time to stop this madness and protect the most vulnerable among us. Enough is enough our children matter.