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East Palestine, OH – Repeating the Mistakes of Love Canal

Photo credit: Pittsburgh Post-Gazette / Getty Images

By Stephen Lester.

Shortly after the horrific Norfolk Southern train derailment occurred in East Palestine, OH, I was invited to attend a town hall meeting organized by River Valley Organizing. The purpose of the meeting was to give people the opportunity to ask questions and hopefully, get some answers.

This was about 3 weeks after the rail company made the decision to spill the contents and then burn 5 tanker cars holding vinyl chloride and other toxic chemicals into a ditch alongside the railroad tracks at the site of the 38-car derailment. This intentional burn unleashed a gigantic black cloud full of particulates that enveloped the surrounding neighborhoods and farms in both Ohio and Pennsylvania (the accident was just a few miles from the state border).

It is well documented that burning chlorinated chemicals like vinyl chloride will generate dioxins. Dioxin is the name given to a group of persistent, very toxic chemicals that share similar chemical structures. The most toxic form of dioxin is 2,3,7,8-tetrachlorodibenzo-p-dioxin or TCDD. TCDD is more commonly recognized as the toxic contaminant found in “Agent Orange”  and at Love Canal, New York and Times Beach, Missouri. Dioxin is not deliberately manufactured. Rather, it is the unintended by-product of industrial processes that use or burn chlorine. It is also produced when chemicals like vinyl chloride are burned, such as what occurred in East Palestine.

At the town hall meeting, people talked about what it was like when the black cloud reached their property. One person who lived 15 miles away described burned ash material from the fire that settled on her property. Another who lived 3 miles away described how the black cloud completely smothered his property. People repeatedly asked: Was it safe for my kids to play in the yard? Is it safe to grow a garden? What is going to happen to my farm animals?

As I sat there listening, I was struck by how similar the questions were to what I had encountered when working at the Love Canal landfill in Niagara Falls, NY more than 40 years ago. People were raising important questions that deserve to be answered. But there were no clear answers. Just as it was at Love Canal.

It was also eerie how similar the response by the government authorities has been. Just like at Love Canal, the people of East Palestine are being told there’s no cause for alarm, that all the testing shows that no chemicals have been found at levels of “concern.” And just like Love Canal, the people in East Palestine are not buying it because they know things are not right. They are suffering from a range of respiratory and central nervous system symptoms including headaches, nose bleeds, runny noses, tearing eyes, and more.

As occurred at Love Canal, government scientists are not being honest with the people at East Palestine. If they did that, they would tell them what they know and what they don’t know. That would be helpful. But government won’t do that, because if they do, if they acknowledge how little is known about the link between adverse health effects and exposures to mixtures of chemicals, the people of East Palestine would demand action in the face of the huge uncertainties. Actions like paying for people to relocate from the area so that they can stop being exposed to the toxic chemicals – which are still in the air – or getting the health care they need and moving on with their lives.

It’s also unfortunate that so little had changed in the science of what we know about what happens to people who have been exposed to mixtures of chemicals like what occurred in East Palestine. This might have been understandable 40 or so years ago, but not today. It’s inexcusable that we didn’t learn from Love Canal and are repeating the same mistakes because we still know very little about widespread exposures to chemical mixtures.

The people in East Palestine deserve to be treated with respect and dignity and that includes expecting their government to act to protect their health in the face of the many uncertainties that exist in understanding the adverse health effects that result from these exposures. It’s time to do right by the people of East Palestine.    

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Media Effects on Perceptions and Sentiments

Photo credit: Microgen

By Gregory Kolen.

Environmental justice action has become increasingly visible in recent years as the effects of climate change and environmental degradation have taken center stage. As more attention is given to these issues, media coverage of environmental justice actions can play an important role in shaping public opinion and sentiment towards these causes. In this blog post, we’ll explore how media attention affects perceptions and sentiments surrounding environmental justice action, both positively and negatively. We’ll also discuss the implications for activists who are looking to raise awareness about their cause through media coverage.

First, it’s important to understand the power of media coverage when it comes to environmental justice. Media outlets have the power to spread information that can shape public opinion and generate attention for a particular cause. When news outlets report on environmental justice actions in an unbiased way, they can help create a more educated and informed public discourse. This is especially true when stories feature individuals affected by environmental degradation or injustice, as this helps bring human faces and stories to complex issues. On the other hand, if media coverage is biased or sensationalized, it can lead to negative perceptions about environmental justice activists and their causes.

Therefore, those who are looking to raise awareness about environmental justice through the media must be aware of how their message will be received by their audience. It is important to ensure that any media coverage of environmental justice action is accurate and portrays activists in a positive light. This can help create a more informed public discourse on the issue and make it easier for people to support the cause.

Finally, it’s important to remember that media coverage alone won’t be enough to bring about meaningful change when it comes to environmental justice issues. Activists must continue to use other strategies such as lobbying, grassroots organizing, and direct action to push for real-world policy changes. Media attention can certainly raise awareness about these causes, but ultimately it will take concerted political efforts from all levels of government in order to bring about true progress on these issues. Therefore, environmental justice activists must continue to use all the strategies at their disposal in order to bring about meaningful change.

In conclusion, media coverage can play an important role in shaping public opinion when it comes to environmental justice issues. It is therefore important for activists to be mindful of how their message will be received by their audience. At the same time, they should also not rely on media attention as a stand-alone strategy but rather use it alongside other tactics such as lobbying and direct action in order to achieve real-world progress. By doing so, they can help bring attention and support to causes that deserve both recognition and action.

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CTEH: The Fox in the Chicken Coop

Photo credit: Rebecca Kiger, The Washington Post/Getty Images

By Hunter Marion.

On March 12, 2023, ProPublica published an article in which CHEJ’s Science Director, toxicologist Stephen Lester, was commented as saying that “[Norfolk Southern] is responsible for the costs of cleaning up this accident.” The article went on to inform how the company was going about backing the bill for this cleanup.

Norfolk Southern has recruited the private environmental firm, Center for Toxicological and Environmental Health (CTEH), for the monitoring and removal of residual vinyl chloride and other chemicals. The problem with this choice is that CTEH has been the go-to company for alleged big polluters to utilize and sign-off on their controversial cleanups.

So, what is CTEH? It is an Arkansas-based company that, according to its website, is “committed to safeguarding your workers, your community, and the environment.” However, their record shows that this messaging is directed more towards compromised companies rather than harmed citizens. Starting in 1996, CTEH gradually gained prominence amongst alleged big polluters for performing toxicological evaluations and risk assessments that environmentalists would argue as being pro-industry.

  • In 2006, CTEH seemingly downplayed the health impacts of hydrogen sulfide in a report they wrote for the Chinese construction company, Knauf Plasterboard Tianjin, about their drywall. This drywall was later discovered to be highly toxic in 2009 and led to two giant class-action lawsuits in the U.S.
  • In 2008, 5.4 million cubic yards of coal ash broke through a 57-foot dike maintained by the Tennessee Valley Authority and flooded the town of Kingston, TN. While assessing the largest industrial spill in U.S. history, CTEH allegedly failed to meet quality assurance standards and used inaccurate air monitoring procedures during an audit. Arguably, the results of these actions disguised the true extent of the airborne coal ash that was present.
  • In 2010, CTEH purportedly underwent covert operations to release Corexit (a highly toxic dispersant) upon millions of gallons of crude oil during the Deepwater Horizon ocean spill. This resulted in the appearance of oil removal, until the following winter when it was shown that the oil was pushed further underwater and diverted to nearby watersheds and protected wetlands.
  • In 2016, a Husky Energy pipeline burst and poisoned a river with roughly 250,000 liters of crude oil within the James Smith Cree Nation in Saskatchewan, Canada. CTEH supposedly created a testing zone excluding the waterways most affecting the First Nations community. The results came back inconclusive, which likely justified Husky Energy to continue ignoring the community’s cries of concern.
  • In 2019, the International Terminals Company’s chemical storage facility in Houston, TX caught on fire. The resulting smoke cloud that covered most of the city released 9 million pounds of pollutants in one day, shutdown many municipal school districts with shelter-at-place advisories, and exposed the nearby city of Deer Park to extreme amounts of benzene (citizens later suffered severe symptoms). Afterwards, CTEH apparently performed insufficient air quality tests. Their dubious results were readily approved by the Texas Commission on Environmental Quality (TCEQ) and EPA.

Numerous toxicologists and environmental experts have decried CTEH’s methods as being suspicious to sinister. Activists and even politicians have warned against using their services (most notably during the Deepwater Horizon fiasco). Now, CTEH has been given the authority to control the narrative about how many toxic chemicals are truly present in East Palestine. As observed by former Exxon chemical engineer, Nicholas Cheremisinoff, CTEH is “essentially the fox guarding the chicken coop.”

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Why Are We Unprepared for Environmental Disasters?

Photo credit: Matthew Hatcher/Bloomberg via Getty Images

By Leila Waid.

The train derailment in East Palestine, Ohio, shows that our country is unprepared to address environmental emergencies adequately. Environmental disasters of the past show that accidents, just like human error, are inevitable. But how our society responds to these events can make all the difference. It can mean the difference between a life lost, and a life saved.

The Norfolk and Southern train derailment carrying toxic materials, such as ethanol and propane,  was not the first environmental emergency facing our country. Other human-made ecological disasters that have impacted the health and safety of the communities include the Love Canal toxic waste site, the Exxon Valdez oil spill, the Deepwater oil spill, the California fires caused by the Pacific Gas and Electric Company, and the Ringwood Mines Landfill Site.

There is no certainty that such destructive environmental events, like East Palestine, will never happen again, especially since there are an average of three train derailments per day. Of note, the Norfolk and Southern CEO, Alan Shaw, refused to support the Railway Safety Act of 2023 during the March 9, 2023 Senate hearing on the derailment. Shaw’s lack of commitment to safety improvements is even more staggering in the context of another one of the company’s trains derailing the morning of the hearing. During the hearing, Shaw also refused to commit to covering the healthcare costs of the community members impacted by the toxic fumes released into the air.

So, if it is likely that these events will keep happening and communities will keep facing environmental injustice. What can be done? One solution is to create a national response team within the Environmental Protection Agency (EPA), called the EPA National Response Center (EPANRC). Within this proposed EPANRC, a Rapid Response Team would be created that is tasked with monitoring potential environmental hazard scenarios and be equipped to respond quickly to various toxin-related emergencies. The proposed EPA Rapid Response Team (EPARRT) would consist of multiple experts with different skills, including toxicologists, epidemiologists, environmental health scientists, public health emergency planning officials, and communication experts.

A model like the one proposed already exists for other federal agencies. For example, the Food and Drug Administration (FDA) have protocols in place for when contaminations are found in the food supply, such as when E.coli was detected in lettuce. The Centers for Disease Control and Prevention (CDC) also have various resources and teams in place to address infectious disease outbreaks. With the increasing number of actual train derailments and potential derailments, now is the time that environmental justice emergency issues are provided equal attention and the same amount of support at the national level, like the ones which already exist at the CDC and FDA.

How would an EPA National Response Center benefit the impacted communities? The guiding principle of the Center would be to protect the communities and empower them with timely and vital information. For example, if such a Center existed for East Palestine, it could have prevented the controlled burn of hazardous material in five train cars. In the Senate hearing, Eric Brewer, the fire chief who was one of the first responders on the scene of the accident, thought the decision to go from burning only one of the train cars to five as shocking and astounding. Scientists argue that the act of burning off the material in those trains released dangerous toxins into the air. Specifically, it could have caused the community to be exposed to dioxin, one of the most harmful toxins to human health.

One of the main themes expressed by the East Palestine residents is frustration with the lack of answers given to them by Norfolk and Southern, state, local and federal governments. The proposed EPA National Response Center (EPANRC) would have a framework for interacting with the community immediately and providing them with the most transparent information on a minute-to-minute basis. The EPANRC would not work in a bubble but instead organize and collaborate with the community leaders directly and immediately to provide them with necessary resources and information.

Another benefit of having the proposed EPANRC would be to address community issues directly and would not rely on the politics of the local, state or federal governments. Also, what is often overlooked, is that environmental disasters do not stay within the state or regional borders. The impact of these types of disasters affects communities that are miles away from the initial impacted community. For example, the train derailment in East Palestine happened right next to the Pennsylvania border. Now residents in Pennsylvania are just as harmed by the toxins, as those in East Palestine, Ohio.

Like the event in East Palestine, when an environmental disaster happens in a small town that does not have the resources to respond to it, that should not mean that the people in that location must suffer the consequences of having toxic air and water in their communities. This proposed EPANRC would make sure that all environmental disasters are handled with the safety of the people as the priority and would safeguard and allocate the resources to make that happen.

The bottom line: No matter where someone lives or what their zip code is everyone deserves access to a clean and safe non-toxic environment.

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Why Can’t We Transport Safer Chemicals Through Our Communities?!

Photo credit: Gene J. Puskar / AP

By Sharon Franklin.

By now everyone has heard or read about the disaster in East Palestine, Ohio (or as the residents call it “EP”) due to a Norfolk Southern Railway train derailment and later chemical spill. Daily we are learning more about how this freight train derailment has polluted local waterways and released hazardous contaminants into the air.  As horrible as this incident is for the residents of EP, it also emphasizes the need for having safer chemicals that are being transported. This is a wake-up call for rethinking the kind of harmful chemicals that unfortunately fuels and destroys our local and national economies. This issue is highlighted in depth in a recent article by Scientific American, “Chemistry Urgently Needs to Develop Safer Materials.”

Regrettably, in this EP derailment incident, the freight train contained multiple cars containing combustible or flammable, petroleum-based chemicals including benzene and butyl acrylate, which are also precursors to plastics and harmful chemicals like 2-butoxyethanol (a common ingredient in paint strippers and cleaning products). The chemicals in this incident include carcinogens, mutagens, reproductive system and organ toxicants and skin and respiratory irritants that can affect the long-term safety of drinking water and soils. 

While the focus today is on this derailment, what is often overlooked is that EP is only one of more than 20,000 hazardous materials transport incidents that happens each year. More than 11,000 facilities across the United States make use or store hazardous chemicals in amounts that are harmful to either people or the environment, according to the U.S. Government Accountability Office. Another unfortunate fact is that many of these facilities are in low-wealth communities of color. Similar incidents of derailments have brought attention and must now have the effect of inducing chemists, the chemical industry and the companies that rely on chemical products to create safer and more sustainable chemicals, processes and materials.

So, Can We Develop Safer Chemicals?   

The short answer could be yes, if we can bring chemists and engineers together with health scientists to better understand, evaluate and eliminate environmental and health hazards at the design phase of chemicals and chemical processes. A diverse group of chemical experts for the European Union has recently developed a definition of sustainable chemistry for safe and sustainable by design chemicals and materials. The publication concluded it is possible for the “development and application of chemicals, chemical processes, and products that benefit current and future generations without harmful impacts to humans or ecosystems.” But, despite the growing interest in sustainable chemistry, the industry and some governments have not fully embraced it.

Transitioning to Safer Chemicals  

In conclusion, transitioning to safer and less hazardous chemicals and products is easier said than done, because there is little incentive to transition, because of the significant costs of research and development. So, why can’t we come up with chemicals that do the same job, but are not hazardous? That is the dilemma. As the article states “If we want to end dangerous chemical incidents that make people and ecosystems sick, we need to address our dependence on these chemicals and the manufacturing processes needed to make them.” As further noted in the article, “[F]or every community that has been or could be affected by hazardous chemical incidents, we need long-term sustained actions and investments to prevent such disasters by replacing hazardous chemicals with alternatives that are fundamentally safer to manufacture, transport and use.

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Using Visuals to Engage Your Audience

charity, support and volunteering concept – close up of happy smiling volunteers stacking hands at distribution or refugee assistance center

By Gregory Kolen II.

When it comes to non-profit communications, visuals can go a long way in increasing engagement. Good visuals provide potential supporters with an easy way of understanding the importance and urgency of the cause they are being asked to support. It also helps them see how their contributions are making a difference.

The most effective visuals for non-profits include images or videos of the people directly impacted by environmental injustices, as well as pictures that show what progress has been made due to donations. Additionally, data visualizations are very helpful in displaying facts and statistics about the issue at hand. This helps people understand the scope and scale of the problem more clearly. When used together, these types of visuals can help create an emotional connection with potential supporters to demonstrate how their donation can help make a change.

Finally, it’s important for non-profits to be transparent with their visuals. It is essential that the visuals accurately portray what the organization is doing and why they need funding. This helps create trust between potential supporters and the organization, which will ultimately lead to more action and engagement.

Good visuals are an essential part of any action driven fundraising strategy, so make sure you take the time to find creative and impactful visuals for your organization!

References:

Environmental Justice Foundation. (2020). Visuals Matter: How Visuals Help In Non-Profit Fundraising. Retrieved from https://www.ejfoundation.org/visuals-matter-how-visuals-help-in-nonprofit-fundraising/

Mangione, T. (2018). 5 Reasons Why Images Are Essential For Non Profit Online Fundraising Campaigns. Retrieved from https://www.newzealandwebdesigner.com/images-essential-nonprofit-online-fundraising/

Sherwood, L. (2017). Visuals & Non Profit Fundraising: A Picture Tells a Thousand Words. Retrieved from https://www.everyaction.com/blog/visuals-nonprofit-fundraising/

Visual Storytelling for Nonprofits: The Power of Visual Content to Connect with Supporters and Raise Money. (2019). Retrieved from https://www.classy.org/blog/visual-storytelling-for-nonprofits/#1:_Know_Your_Audience_and_Choose_the_Right_Visuals.

Weil, S., & Philipp, E. (2015). Introduction to Data Visualization for Nonprofit Organizations. Retrieved from https://opentextbc

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Train Derailment in Ohio: More of the Same – “No Cause for Alarm”

Photo credit: Washington Post

By Stephen Lester.

How many times have we heard the same refrain from government leaders and scientists involved in community wide exposures such as the recent train derailment in East Palestine, Ohio. This incident resulted in vinyl chloride gas being intentionally burned which sent hydrogen chloride, the toxic gas, phosgene, and dioxins/furans into the air. Health officials later stated that “there’s no cause for alarm, we have everything under control.”

If only this were true. Instead, hundreds of people who were evacuated remain frustrated by the lack of answers to their questions about health effects and accountability. This frustration is driven by how government leaders and scientists evaluate health risks and by the many uncertainties about what is known about the short- and long-term health effects associated with exposure to vinyl chloride or other chemicals. Scientists can estimate risks and give their opinions, but we simply don’t know what’s going to happen to the health of the people who were exposed to vinyl chloride in the aftermath of this accident. Yet this is exactly what people want to know – what’s going to happen to their health or to the health of their children because of the accident?

Here’s what we do know. We know that vinyl chloride is a human carcinogen and that it damages the liver and central nervous system; over 1,500 people living within a 1-mile by 2-mile area of the accident were evacuated; that Norfolk Southern opted to release and burn the vinyl chloride from all five derailed tankers releasing deadly fumes into the air to prevent a potentially disastrous explosion (see photo); that the state acted swiftly in evacuating the homes immediately surrounding the site of the accident; that 38 of the 150 cars being pulled by the train derailed; about 20 rail cars were carrying hazardous materials including five with vinyl chloride; other chemicals included butyl acrylate, ethyl hexyl acrylate and ethylene glycol mono-butyl ether. We also know that several days after the accident, most people are back in their homes with assurances from the local authorities that everything is fine. 

This is not surprising because government has repeatedly responded the same way in similar situations. But what was the scientific basis for this decision? According to EPA, air samples taken immediately after the accident and the intentional burn did not identify any substances at concentrations of concern. However, it’s hard to have much confidence in this testing because the tests did not include vinyl chloride and dioxin, one of the most toxic chemicals ever conceived and the primary by-product of the burning of vinyl chloride. You can’t find a problem if you don’t test for the obvious chemicals you would expect to find in the air.

It’s no surprise then that several residents have filed suit against Norfolk Southern seeking a medical monitoring program for anyone living within a 30-mile radius of the derailment to determine who was affected by the toxic chemicals released by the accident and the subsequent burning of the vinyl chloride gas. They want medical screening for early detection of life-threatening medical conditions linked to vinyl chloride. This is a reasonable response to the many scientific uncertainties that exist in understanding what will happen to the health of people exposed to toxic chemicals like vinyl chloride.

If government leaders and scientists involved in East Palestine acknowledge the scientific uncertainties and honestly admit how little is known about chemical exposures and health outcomes, there may be a more satisfying resolution. A resolution that might include practical steps forward may be setting up medical screening for early detection of medical conditions linked to vinyl chloride.

However, if decision makers continue to protect the companies responsible for area-wide chemical exposures such as what occurred in East Palestine, this scenario will continue to play out as it has since the days of Love Canal more than 40 years ago. Isn’t it time we publicly acknowledge what we don’t know about exposures to toxic chemicals and stop deluding ourselves that using risk estimates that define “acceptable” exposures is the best way to manage exposures to toxic chemicals? There is no acceptable exposure if you’re the one being exposed. 

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Be Cautious When Playing on Artificial Fields

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By Jose Aguayo.

Artificial turf fields have become the norm when it comes to athletic fields. They are everywhere here in northern Virginia and a reported 11,000 fields are in use in the entire country. I, myself, was just playing in one this past weekend (despite the freezing cold). However, there are lingering questions about the safety of these fields given that several studies have found elevated levels of polyaromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), per- and poly-fluoroalkyl substances (PFAS) and toxic metals like lead present in them.

As someone who enjoys playing soccer, these turf fields are extremely convenient because they are available year-round, they provide a smooth and reliable surface to play on, and they don’t require much maintenance. Yet I am conflicted about playing in them, not just because of the myriad of toxic substances found in them, but because of the conflicting information we get from supposedly trusted sources.

As far back as 2007, concerns were raised from contaminants in artificial turf – specifically lead in an artificial turf field in New Jersey. Then, the Agency for Toxic Substances & Disease Registry (ATSDR) noted that the field posed a public health hazard and recommended that the field be closed. Not long after, however, the Consumer Protection and Safety Commission (CPSC) released an analysis of synthetic turf and concluded these fields are “OK to Install, OK to Play On” and that they are safe for young children.

Since then, there have been other studies that have found several different toxic substances in these turf fields. The problem is that there seem to be no standardized way of determining if the toxic chemicals in these fields are readily available to enter your system or if they are contained within the turf pellets and synthetic fibers. Research seems to point to wear and tear as the cause for some of these chemicals as it can likely migrate from the field to the users more easily, but it is not quite conclusive. The other problem is that there little to no research into the health effects of sustained exposure to artificial turf in humans.

In an attempt to clear the uncertainty around the health risks of artificial turf, a federal multiagency research plan was started in 2016. This research consists of two parts. Part 1 characterized the chemicals present in tire crumb rubber and was released in 2019. Unsurprisingly, it found several toxic chemicals present but suggested these chemicals have little to no routes of exposure to humans. Part 2 is still to be released and will fully explore possible human exposures to the chemicals found in the tire crumb rubber material. It will also include the results of a biomonitoring study being conducted by CDC/ATSDR to investigate potential exposure to constituents in tire crumb rubber.

After all this, at least until part 2 of the multiagency study is released, we are left with more questions than answers. Until then, I’d advise caution. It’s probably a good idea to choose natural grass fields whenever possible, like in the warmer months, and playing in artificial turf ones when there is no other alternative. A cautious approach is always best when dealing with toxics.

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Juliana v. United States (2015-2021)

Photo credit: Kevin Lamarque/Reuters

By Hunter Marion.

In 2015, a group of 21 young people ranging from 8-19 in age filed a lawsuit against the federal government for violating their rights to a safe climate as argued under the “public trust doctrine.” This collection of plaintiffs was represented by the environmental legal firm, Our Children’s Trust, and contained several activists from the youth-focused environmental group, Earth Guardians. Juliana v. the United States became a high-profile, youth-led, legal battle to correct the political mess that contributed to roughly 50-years’ worth of climate change (several of the young plaintiffs even cited it as directly damaging their ways of life).

Although promising, the case was kicked around the court system, eventually getting stuck in legal limbo with the U.S. Supreme Court currently debating on whether to accept it for oral argument. If accepted, this case (and others) could potentially lay the groundwork for novel legal actions to prosecute against entities that contributed to climate change. It could also lead to more thorough punishment of gas and oil companies, set precedent for other environmental lawsuits, and possibly guarantee a constant right to a clean and stable environment.

Some legal scholars have criticized that the points brought up in Juliana were too weak, had too many sources of damage, or could not be given proper resolution within the judicial context. However, many judges involved in reviewing the case pointed out considerable evidence to the contrary. Critics also protest that even if the U.S. Supreme Court were to accept the case, it would not have the power to enact these changes because it is not the rule-making body of government. But this criticism also falls flat when one recognizes that the U.S. Supreme Court has a record of judicial activism or “legislating from the bench” (creating or interpreting their own new laws or constitutional rights without the need for the legislature to create them first), see Brown v. Board of Education (1954), Roe v. Wade (1973), or Citizens United v. Federal Election Commission (2010). To put it bluntly, the courts can find the necessary points, damages, and resolutions if they want to.

The key takeaway from Juliana vs. United States is that for those seeking environmental justice, the courts are not a guaranteed pathway to restitution. Even if you or your group brings solid, compelling evidence or has a resounding reputation, that may not be enough to overcome the federal government’s reluctance to address its responsibility (or even culpability) in environmental degradation, climate driven or otherwise. While this approach creates another pressure point on those responsible for climate change, we at CHEJ would put more faith in a grassroots-based, multi-government level-focused strategy that gives us a seat at the table rather than relying upon a team of lawyers and government officials to do it for us.

If you would like to learn more about the case, you can watch the documentary Youth v. Gov now available on Netflix.

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Do We Need A Worldwide Polluters Pay Policy ?

Photo credit: Pixabay, Creative Commons

By Sharon Franklin.

Emily Beament published an article on January 16, 2023, on The Ecologist, a news and analysis website that focuses on environmental, social and economic justice, about a study by Stuart Jenkins. The University of Oxford researcher’s study was on why we need a polluter pays policy. Jenkins said the world dramatically needs to scale-up geological carbon storage and that making fossil fuel firms pay to clean up carbon could help curb climate change.

The study posits that requiring fossil fuel companies to pay for cleaning up their carbon emissions could help curb dangerous global warming at a relatively affordable cost. Its argument is centered around what is already happening in other industries, such as plastic packaging and electrical goods, and in the water sector. This approach holds producers responsible for the waste generated by the products they sell.

Can the World Afford this Approach to Make Polluters Pay?  

Jenkins’ study describes it as a “carbon takeback obligation” and it would help overcome the energy trilemma – the choice between energy security, affordability, and environmental sustainability. He also stated, “Unfortunately when governments are forced to choose, they often forgo that latter obligation” (e.g., environmental sustainability). According to his study, “A carbon takeback obligation provides a simple and predictable regulation ensuring the fossil fuel industry cleans up after its activities and products without government subsidies.” To opponents to this approach who might ask, “But at what cost?” Jenkin’s response is, “It does add to the cost of fossil fuel production, and so it’s not an incentive to continue production by any means.” 

And What About Energy Demands? 

Dr. Hugh Helferty, a former employee at ExxonMobil North America, added to this argument: “It makes sense that the producer and consumer should pay rather than the taxpayer should pay, and that puts the drive to reduce costs in the right place.” He later issued a warning that “a lot of the reaction to current very high fossil fuel prices has been to increase supply not to reduce demand.”

So, What’s Next?  

Professor Myles Allen, from the University of Oxford, also stated that “ending fossil fuel use was going to be hard. We need to start a conversation about how we redirect this colossal amount of money that is currently simply being injected into what we call fossil fuel rents to addressing the climate problem.” Professor Allen went on to state that implementing the obligation could reduce and ultimately prevent further global warming from fossil fuels at an affordable cost.  

This is relative to conventional solutions, because the world spent ~$13 trillion in energy costs last year, mostly on fossil fuels and with a substantial fraction going into “rents” or profits, taxes and royalties.  By 2050, the global economy is expected to double, and the net costs would be less than half of last year’s energy costs as a proportion of the global Gross Domestic Product (GDP).