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Ted Glick: It’s Time to Seize the Moment and Ratchet Up the Pressure

For the third time in less than two years, I met yesterday with the chair of FERC, the Federal Energy Regulatory Commission. I was not alone. With me from the “good guys” side were Tracey Eno, leader of Calvert Citizens for a Healthy Community in Cove Point, Maryland; Jocelyn D’Ambrosio of Earthjustice and; via phone because her plane arrived late due to weather, Sandra Steingraber from href=”http://www.wearesenecalake.com/” target=”_blank”>We Are Seneca Lake.

On the “power” side were FERC chair Cheryl LaFleur and literally eight other FERC staff from various parts of their bureaucracy.

More than 2,000 climate justice activists assembled for a rally and march—in Washington, DC at The National Mall on July 13, 2014—to the Federal Energy Regulatory Commission in opposition to the expansion of a natural gas transfer and storage facility at Cove Point on the western shore of the Chesapeake Bay. Photo credit: Stephen Melkisethian/Flicr

My first time meeting with the then-FERC Chair Jon Wellinghoff was in May of 2013. The second time was last June with Cheryl LaFleur. In both cases, as was true of this one, the meetings happened after I and others had gone to one of FERC’s monthly commissioners’ meetings and made our presence felt.

A month ago, after going to FERC with representatives of Green America for a meeting they had set up with Commissioner Phillip Moeller, I was “banned,” the security guard’s word, from the FERC building, escorted out of the meeting room on the 11th floor we had been taken to just as the meeting was about to start. However, several hours later, after contacting someone I knew in the press, I got a call from the executive director of FERC apologizing and telling me I was not banned.

The meeting yesterday was requested just before my temporary banishment. It was requested on behalf of Beyond Extreme Energy, which has been ratcheting up the pressure and putting a public spotlight on the many serious problems with the way FERC works. Robert F. Kennedy, Jr. has called it “a rogue agency.”

What was our hope in requesting the meeting? Our hope, slim as we knew it to be, was that perhaps in the context of a “civilized” sit-down in this way, we could see some signs that the campaign that has been building over the last couple of years to make FERC work for the people and not the fossil fuel industry has had some impact.

There was little sign of that yesterday. After we raised our well-reasoned criticisms of FERC, their rubber-stamping of proposed gas infrastructure expansion projects, their minimal efforts to prioritize wind and solar technologies, they didn’t have much to say. After we pushed it, LaFleur did reference some rule changes they had made to make it easier for those technologies to become part of the electrical grid, and another person did want to know more of our thinking about what they should be doing in the area of renewables. But as Steingraber said afterwards, LaFleur’s main response was to say, in effect, “We’re trying to take it in, we are listening,” little more.

The one exception to this was in the area of FERC’s processes—their website, the meetings they set up and how they deal with administrative appeals after granting a permit for gas infrastructure expansion. There was a bit more, not much, back and forth with FERC staff in these areas. Perhaps, over time, we will see some modifications. Time will tell.

The meeting made crystal clear that we need to sieze the time and ratchet up the pressure. Fortunately, Beyond Extreme Energy is doing so, moving forward with its week-plus of action at FERC from May 21-29. That’s when our growing movement can show our power and speak the truth in powerful ways to those using theirs wrongly. Our children and grandchildren are calling upon us to step it up right now!

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

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.

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The Circle of Poverty and Poison

This past month I’ve spent time with several grassroots organizations fighting to protect their families from environmental chemical threats. In each case I was reminded of how impossible it is for parents, with dreams of a bright successful future for their children, to achieve their goals while living in the circle of poison and poverty.

Many parents in low wealth communities, tell the story of how they work hard to support their children in school. Moms and dads make sure their homework is done, provide the healthiest breakfast and lunch they can afford and attend as many meeting and events that time allows. They want their children to succeed in school, to learn the skills needed to later secure a job that will bring them a better life.

Yet, no matter how hard parents try they often can’t stop the environmental poisons in the air, water or land. As the children leave for school the toxic air triggers an asthma attack. A parent must lose a day of work, daily earnings, and take the child to the hospital or care for the child at home. When a child is exposed to other environmental chemicals, or maybe even the same ones that cause the asthma, they can suffer from various forms of central nervous system irritants that cause hyperactive behaviors, loss of IQ point or a host of other problems that interfere with learning potential.

The end result is the child becomes frustrated because s/he can’t keep up with what is required at school because of being sick or unable to focus and often drops out of school. That child and the parent’s dreams disappear. A healthy baby, poisoned for years from environmental chemicals, life is forever altered. Often unable to earn enough money to ever leave the poisoned community, possibly even raising their own families in that same neighborhood, continues another generation within the circle of poverty and poison.

America’s environmental protection agencies are responsible for a healthy environment. As we all know the agencies fail often and even more frequently in low wealth communities. In my conversations with leaders in such areas I hear over and over again, parents saying we had so much hope for our child but the chemicals destroyed that hope. Our family can’t afford to move and our children can’t succeed if we stay and they are poisoned. What are families supposed to do?  I can’t answer that question, except to say keep speaking up and out. Can you answer parent’s cries for a solution?

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Ohio Govenor Kills Green Energy & NYS Invests

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.

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

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.

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

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.

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Winning Doesn’t Happen Because You’re Right – You Need To Be Organized

How can you get protective action from regulatory agencies or corporation? The answer has always been through organized people. It is not new news that corporations and powerful rich people can and will control what is or is not done as it relates to public health and the environment. However, what most people fail to realize is that people united in action can influence decision and yes can even win. CHEJ has been working with communities for over thirty years and we’ve seen the power of people in communities.

It was Mississippi citizens, opposed to a hazardous waste incinerator that stopped the facility in its tracks. The groups lawyers had no legal avenues and the scientists were outnumbered by the corporate or “cigarette scientists” by four to one. Local leaders could have just thrown up their hands and walked away in frustration but they didn’t. In a small room people gathered to brainstorm what they could do to stop the proposal and came up with a brilliant idea. An idea by the way that might just work for your fight.

Since there was only one road for trucks to travel when dropping off waste and returning home they needed to think about that road. There is a school, childcare center, church, store and more along that roadway, which would place a large number of families especially children at risk. So the local road is the focus, what can they do?

Since it’s a locally controlled road they asked their local government to place restrictions on the road. The group came up with a list of restrictions that the local government fully supported. Here’s the restrictions that were passed into local law: no trucks could travel on the road during the hours children enter or leave school; all trucks will be inspected before entering the populated area by a skilled inspector; the trucking company will pay a fee for that inspection; a police escort will travel with all trucks arriving during normal working hours and when there are evening school activities; the trucking company will pay a fee to cover the costs of the additional police officers needed to escort; and more.

The result of this was the company decided not to build near that community because of the costs associated with the local requirements. A victory that came from the people and their local representatives and worked within the existing laws.

Another example where people took control, refused to work within the confines or rules of the federal agency is in a small African American community in Florida. The group was looking for a proper clean up of their toxic dump site ask the U.S. Environmental Protection Agency to come and hold an open meeting with local citizens to talk about the clean up. EPA said no to an open meeting and insisted on have a meeting where information would be shared through tables set up around the room where people can meet in small groups with the EPA representative discussing a part or segment of their efforts. This of course is a divide and concur technique that was developed to suppress community voices.

Local leaders opposed this staging of issue tables around the room by EPA because it doesn’t allow for community members to learn about issues and problems from other community members. In a large group setting everyone hears the same thing, people benefit from other community members questions and the associated responses from the agency. A large inclusive meeting also allow those who are shy to obtain information because they would never had asked.

So how did the community get what they wanted? Community leaders said yes to the small group tables in the basement of their church. Leaders also requested that the public availability be open in the morning and later in the evening. EPA agreed and set up their tables in the morning and spoke with some community members. When EPA left for lunch the local leader locked the church. When it was time for the evening session on the door of the church hung a sign that said the EPA informational meeting is being held a few doors down. Needless to say when EPA saw this they were angry they couldn’t get back in the church and sit at their little stations to talk with folks. With no slides, posters or other tools EPA walked down to the other meeting hall filled with over 100 people and took their place in front of the room. People we all able to hear and react with questions and comments about the plan to clean up their toxic site.

Community members were so glad that they all meet together. “I would have any idea about how to start the conversation with EPA about the toxic’s,” said one woman. “I am still learning. My neighbors and our community leaders really helped me with their comments and questions to understand the issues. I am so glad they did this even if it was a little radical.”

It is citizens across the country who have almost completely stopped the commercial land filling of hazardous wastes. Our laws and regulations still allow commercial land filling of hazardous chemicals, there are no laws prohibiting it, but the people refuse to allow such a facility to be built in their community, since 1982. When the people stand together we can accomplish more than what we can win in the regulatory arena.

So the track record is clear, more collective action and more thinking out of the box – not just asking ourselves what can we do within “their defined rules and systems,” will win a safe, clean environment for us all.

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Senator Lautenberg– A Hero

The passing today of Senator Lautenberg leaves a tremendous void on Capitol Hill. His passing will be felt for decades. He was a very courageous man, willing to take big risks and work tirelessly for issues he cared about. I met him for the first time when discussing Right-To-Know and Superfund. He was the “father of the Right –To-Know” laws while I’m often referred to as the “mother of Superfund . . . Frank and I go way back.

I think in his lasting legacy, is the bill he introduced to protect everyone from chemicals in their environment and products. The Safe Chemicals Act he authored is visionary and by far the most meaningful legislation to reform TSCA. As the Chairman of the Senate Subcommittee with jurisdiction over the regulation of toxic chemicals, Senator Lautenberg held hearings and introduced his legislation which placed the burden on chemical companies to provide data to the EPA so that Americans can be assured the chemicals they are exposed to safe before they are sold and used throughout the country. The Environmental Protection Agency (EPA) recently released principles for reform that closely parallel Senator Lautenberg’s legislation.

Today, I worry about who is going to bring that leadership, willingness to take huge risks and support other champion colleagues like Senator Boxer as they try to move protective policy through the senate. Senator Lautenberg was respected by all sides and was able to have meaningful conversations and at times debates on issues with friends and foes.

I remember like it was yesterday when medical waste and plastic debris washed up on the shore line in New York and New Jersey. Senator Lautenberg took the lead to ban ocean dumping of sewage and plastics, and changed federal laws to get companies to use stronger “double-hulled tankers” to prevent oil spills. He also passed vital laws that have made our air, water and land dramatically cleaner. He was a strong advocate for addressing climate change, reducing carbon pollution and putting a priority on renewable energy from solar, wind, geothermal and other sources.

Senator Lautenberg was a hero, a visionary and someone I could always count on to work toward protecting people and our environment from toxic chemicals in every way. Thank you Frank, may you rest in peace knowing that you were loved, respected and that we will continue to carry on your visionary work.


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A Circle of Poison and Poverty

Imagine for a moment that you live in a community that is poor. You work every day in the service industry but just can’t make enough money to move to a better neighborhood. Now imagine that you have a young child who is gifted with high level of intelligence. You want to send your child to a school that can challenge her to help reach her potential. But, you can’t because of your limited income.

This is how one mother described her situation to me recently in Detroit, Michigan. She went on to say that the area around her home and school had lead levels, left over from former lead smelter activities, which were three times the legal standard. Her child and her neighbor’s children began their lives with so much potential. Today, the children are lead poisoned and are having difficulty passing the state school standardize tests. In fact, so many children are failing the standardized tests that their school is about to be closed, their teachers fired and their community further impacted by another empty building and no neighborhood school.

When people hear about the struggles in environmental justice communities they often only think about the immediate pollution and health impacts in a low wealth community. But to understand it one level deeper you need to understand that families living in these communities are really trapped. If you were only to look at their children’s ability to get out of poverty and reach the birth potential, it speaks volumes about the real world situation.

Their children cannot reach their potential because they are impacted by the chemicals like lead in their environments. Often young people, because they are frustrated in trying to achieve in school while faced with asthma, learning disabilities, and the inability to maintain attention students end up dropping out of school. Students weren’t born with the inability to achieve; it was due to their exposures to lead and other toxic environmental chemicals that they developed problems. Once students drop out of school they have little ability to improve their economic status and thus continue the family’s legacy of poverty.

Those who have the power to change this cycle of poison and poverty choose not to. Instead they cover their intentional neglect by blaming the victims, the parents, teachers, and community leaders. Not only do those in power blame the innocent, they exasperate the problem by ignoring the existing pollution while placing more polluting faculties in the area. I think it was Mayor Bloomberg who said, “Do you really want me to put that smokestack in downtown Manhattan?” when community leaders near NYC navy yard objected to an incinerator being added to their burdens.

I’m not sure how to change this situation. It is a larger societal crisis that will take the majority of people to demand change. Today it is only the voices of the desperate parents, frustrated teachers that sound the alarm and cry for justice. This must change.


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Backyard Talk

Products Contain Toxic Chemicals Of Concern To Kids’ Health

Over 5000 kids products reported to contain chemicals linked to cancer, hormone disruption, and other chemicals that are a concern for kids’ health. Read the new report from Washington Toxics Coalition and Safer States. http://bit.ly/chemreveal