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Ex-Michigan governor Rick Snyder to be charged in Flint water scandal – report

Former Michigan governor Rick Snyder, his health director and other ex-officials have been told they’re being charged after a new investigation of the Flint water scandal, which devastated the majority Black city with lead-contaminated water and was blamed for a deadly outbreak of Legionnaires’ disease in 2014-15, the Associated Press has learned.

Two people with knowledge of the planned prosecution told the AP on Tuesday that the attorney general’s office has informed defense lawyers about indictments in Flint and told them to expect initial court appearances soon. They spoke to the AP on condition of anonymity because they were not authorized to speak publicly.

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Photo credit: Kevin Lamarque/Reuters

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EPA rule exempts many polluting industries from future air regulations

The Environmental Protection Agency (EPA) on Tuesday finalized a rule that would allow future greenhouse gas limits only on power plants, sidestepping oversight over the oil and gas industry, iron and steel manufacturers and other polluting industries.
The new rule from the EPA argues that only sectors whose pollution accounts for more than 3 percent of U.S. greenhouse gas emissions are “considered to contribute significantly to dangerous air pollution.”
The rule is a direct response to a 2017 executive order from President Trump that asked agencies to “immediately review existing regulations that potentially burden the development or use of domestically produced energy resources.” 
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Environmental groups sue in bid to block EPA ‘secret science’ rule

Green groups on Monday filed a lawsuit in an attempt to prevent a new rule limiting the Environmental Protection Agency’s (EPA) use of certain studies from taking effect.
The lawsuit takes aim at the EPA’s Strengthening Transparency in Regulatory Science rule, also known as the “secret science” rule, which restricts the use of studies that don’t make their underlying data public.
The agency has billed the rule as a transparency measure, though its opponents argue that it will prevent consideration of important public health studies that can’t publish their data for reasons such as privacy.
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Backyard Talk

A Shocking, yet unsurprising, end to a failed presidency

By: Gustavo Andrade, Organizing Director
After the horrific display of violence and hatred in Washington, DC last week, we must unite to uphold our most basic common values of democracy and safety for all. We fully support the bi-partisan efforts to impeach, convict and remove this president.
There is no place for white nationalism in a just society, no “middle ground” between fascism and fairness and no excuses for violence and murder.
We must focus on holding all those involved in the failed insurrection fully accountable, while also moving forward an aggressive agenda for justice. While the Georgia runoff elections have opened a window to significant legislative progress, President-Elect Biden should also make decisive use of his considerable executive powers to protect us from violent extremists and to undo the damage of the last 4 years as soon as possible, and chart a new course towards a more perfect union.

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Homepage Superfund News

Years After Flint Water Crisis, Lead Lingers in School Buildings

he federal appropriations bill for the 2021 fiscal year, signed into law this week, included $26.5 million to test for lead in schools and child care centers, a nod to the legacy of the Flint water crisis, which lifted the issue of lead in drinking water into the national spotlight.
The bill was signed a week after the U.S. Environmental Protection Agency introduced new requirements for water utilities to test water in elementary schools and day cares for lead.
The Flint crisis spurred a national conversation on the dangers of exposing children to lead. “It really alters the entire life-course trajectory of a child,” Mona Hanna-Attisha, a Flint pediatrician, told Circle of Blue. Hanna-Attisha’s research helped uncover the extent of the city’s lead contamination, revealing elevated lead levels in the blood of children who ingested drinking water supplied from the Flint River.
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Photo credit: J. Carl Ganter / Circle of Blue

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Trump administration pollution rule strikes final blow against environment

The Environmental Protection Agency has completed one of its last major rollbacks under the Trump administration, changing how it considers evidence of harm from pollutants in a way that opponents say could cripple future public-health regulation.
The EPA administrator, Andrew Wheeler, formally announced the completion of what he calls the “Strengthening Transparency in Regulatory Science” rule in a Zoom appearance before Competitive Enterprise Institute, a conservative thinktank on Tuesday. The EPA completed the final rule last week.
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Photo credit: Alex Brandon/AP

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Enjoying New Clout, Environmental Justice Groups May Press Biden

Though it may have been eclipsed in headlines and worrying by the coronavirus pandemic, the climate crisis has not gone away.
As new President Joe Biden tries to implement policies with the goal of redirecting economic development toward greenhouse gas reduction, he’ll have to contend with pressure not only from groups on the right who oppose environmental regulations, but with those on the left who may see Biden’s plans as too timid.
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Oil Chem owner accused of dumping nearly 50 million gallons of landfill liquid into Flint sewers

FLINT, MI – Federal prosecutors accuse the owner and president of a Flint chemical company with dumping nearly 50 million gallons of untreated liquid drained from eight different landfills into the city’s sewer system.

Robert J. Massey, the president and owner of Oil Chem Inc., 711 W. 12th St., is charged in a U.S. District Court indictment with a felony of knowing violation of the Clean Water Act.

Massey is charged with directing “his employees to dispose of the landfill leachate through a hose from a tank to a sanitary sewer drain located at the Oil Chem facility, without treatment and in violation of Oil Chem’s wastewater discharge permit” from January 2007 until October 2015, including waste from one hauler that included PCBs, according to information filed with the federal court on Dec. 21.

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Photo credit: Jake May | MLive.com

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Backyard Talk

A coal plant on Navajo land is finally demolished

By Mihir Vohra, Research Associate
For over 40 years, the Navajo Generating Station (NGS), located on Navajo nation land near Page, AZ, was the largest coal plant in the American West. The NGS and the coal mine that fed it shut down in 2019, and on December 18th, 2020 its three smokestacks were finally demolished. Air pollution from coal plants is associated with higher risks for asthma, cancer, heart and lung diseases, and neurological dysfunction. The burden of these facilities disproportionately affects poor and minority communities. A 2012 report from the National Association for the Advancement of Colored People (NAACP) determining that of the people living within 3 miles of a coal plant, the average per capita income was $18,400 and 39% were people of color.
Navajo and Hopi community members fought for closure of the NGS and issued a statement observing the December 18thdemolition. It notes that NGS provided electricity for many cities in Arizona, Nevada and California, but not the Navajo or Hopi communities, illustrating an egregious reality: not only are there disparities in the toxic burden of energy generation, but there are disparities in who gets to reap the rewards. Those most burdened are least likely to receive benefits. This exploitation isn’t limited to coal, either. During its operation, the plant pumped billions of gallons of water from the Navajo Aquifer to the city of Phoenix. This has left the Native land in a drought and decreased access to running water in Navajo and Hopi communities, endangering health as well as Tribal culture.
Now that the NGS is closed, Navajo and Hopi community members are outlining what is required for community restoration. This includes securing electricity and clean water access for residents as well as job training. A 2012 Department of Energy report estimated that the NGS employed over 800 Native people, and community members want them to be first in line for new clean energy jobs in the area. More broadly, they demand investments in a sustainable economy for the Navajo and Hopi tribes with a just transition to new industries.
Another key feature of community members’ demands is cleanup and land reclamation. The mine and plant closed over a year ago, but the company operating them has done little to clean up these sites even though it is required to return the land to its original state. Groundwater contamination from toxic waste and coal ash is a serious concern, and community members are calling on the incoming Biden administration and Department of the Interior to enforce a full and transparent process to restore the land and ensure residents’ safety.
The Navajo and Hopi people who spent decades in the shadow of the NGS deserve more than just this demolition of its smokestacks, they deserve an investment in their future.
Photo credit: Adrian Herder, Tó Nizhóní Ání.

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Environmental groups allege Texas rubber-stamped industrial plants’ pollution — and that the EPA looked the other way

A group of Texas environmental groups say the federal Environmental Protection Agency looked the other way when Texas didn’t require tough enough rules on air pollution for several refineries, gas plants and chemical plants.

The Environmental Integrity Project, along with other Texas environmental groups, filed a lawsuit against EPA Administrator Andrew Wheeler on Monday after he did not respond to a petition by the groups to correct what they say is a violation of federal law in Texas.

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Photo credit: REUTERS/Loren Elliott