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Backyard Talk

EPA Switches Stance on Testing Lead in Drinking Water

The fiasco in Flint, MI has forced an important change in EPA’s recommended protocols for testing lead in drinking water. In a memo to state health and water administrators issued February 29, 2016, the US EPA reversed its prior recommendations on how to sample drinking water targeted for lead testing. The new protocols are as follows:

  • Do not remove or clean faucet aerators prior to collecting samples
  • Do not pre-flush prior to sampling
  • Use wide mouth sample bottles to allow water flow to enter at a rate similar to what consumers might use when pouring a glass of water to drink

In the past, EPA‘s advice was to pre-clean the aerator, flush pipes prior to sampling, and open the tap slowly and sample at low flow. Using these guidelines results in less particulate lead getting into the sample and thus finding lower lead concentrations in the water. Removing or cleaning an aerator prior to testing masks the added contribution of lead at the tap that results from the lead in the aerator. Flushing the pipe prior to sampling eliminates the lead that has built up overnight or since the last time the faucet was used. Pouring the water slowly, whether by using a narrow container or by just opening the tap slowly, also reduces particulate lead that gets into the water by not disturbing lead present in the pipe as much as a normal flush would. These inaccurate procedures were called to task by Dr. Marc Edwards from Virginia Tech University who found high levels of lead in the drinking water in Flint, MI.
Despite the fact that this is not what people typically do when they pour a glass of water from the sink to drink, these are the sampling procedures that EPA has been advocating for years and what water companies have been using for years to measure lead in drinking water. By using these procedures, water companies everywhere, not just in Flint, are not accurately measuring the lead concentration in drinking water, and they are potentially missing a significant portion of the lead actually in the drinking water systems. Doing this provides a false sense of security that seriously endangers public health.
Although EPA has issued these new guidelines, there’s no guarantee that water companies around the country have switched to the new sampling procedures. If you’re concerned about the lead levels in your water, find out what sampling procedures are being used because it makes a huge difference. While we can thank the public attention given to the disaster in Flint for this critically important change, now we need to make sure that testing agencies across the country follow this new protocol. Contact CHEJ at info@chej.org to obtain a copy of this important memo.
 

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Backyard Talk

Flint, MI: A Clear Case of Environmental Injustice

An independent panel appointed last October by Michigan Governor Rick Synder to investigate why things went so wrong in Flint released its findings last week. The Flint Water Advisory Task Force report blasted the state’s handling of the crisis and painted a picture of “government failure, intransigence, unpreparedness, delay, inaction and environmental injustice.”

While there was plenty of blame to go around, the five member panel singled out the state-appointed emergency managers who were trying to save money, the state departments of Environmental Quality and Health and Human Services for their role in handling Flint’s water issues, and Snyder and his staff for their lack of oversight. According to the report, “Neither the governor nor the governor’s office took steps to reverse poor decisions by MDEQ and state-appointed emergency managers until October 2015, in spite of mounting problems and suggestions to do so by senior staff members in the governor’s office, in part because of continued reassurances from MDEQ that the water was safe.”

The report also concluded that, “The facts of the Flint water crisis lead us to the inescapable conclusion that this is a case of environmental injustice.” The New York Times reported that the panel’s report “put a spotlight on a long-running civil rights issue: whether minorities and the poor are treated differently when it comes to environmental matters, relegating them to some of the most dangerous places in the country: flood prone areas of New Orleans that were devastated after Hurricane Katrina; highly polluted parts of Detroit and the Bronx; and ‘Cancer Alley’ in Louisiana, where residents who live near factories suffer disproportionately from disease.”

According to the Times story, the report concluded that “Flint residents, who are majority black or African-American and among the most impoverished of any metropolitan area in the United States, did not enjoy the same degree of protection from environmental and health hazards as that provided to other communities.”

The Task Force also singled out the activism of local residents and credited the “critical role played by engaged Flint citizens, by individuals both inside and outside of government who had the expertise and willingness to question and challenge government leadership,” along with “members of a free press who used the tools that enable investigative journalism.”

The Task Force report does a good job of unpacking the numerous failures especially at the state level that led to the crisis in Flint and how things got so out of control. But what underlies everything is the patented disregard for the people who live in this predominately African American city. The case for environmental injustice was never so clear.

Read the full 116-page report of the Flint Water Advisory Task Force and its 44 recommendations here

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Backyard Talk

Floored by Health Authorities Decision

Around every corner there are threats to our health and safety.  The CDC found cancer risks from laminated flooring imported from China could reach 30 in 100,000, but didn’t think it important enough to suggest people remove the flooring.  REALLY!  How is 30 people out of 100,000 getting cancer from the flooring not considered assault with a deadly weapon?  The weapon being the flooring and the deadly being cancer.

I include the CDC/ATSDR statement to show just how inept our government health agencies have become.

On February 10, 2016, CDC/ATSDR released a report entitled Possible Health Implications from Exposure to Formaldehyde Emitted from Laminate Flooring Samples Tested by the Consumer Product Safety Commission. On February 12, CDC/ATSDR was notified that a private individual who reviewed the report suspected that a conversion error might have been made. CDC/ATSDR staff reviewed the report and discovered that an incorrect value for ceiling height was used in the indoor air model.  As a result, the health risks were calculated using airborne concentration estimates about 3 times lower than they should have been. Neither CDC/ATSDR nor the report’s peer or partner reviewers or reviewers noticed the error.

Change in conclusion for short-term health effects

After correcting the measurement error in the model, CDC/ATSDR revised the report’s conclusion about possible health effects from exposure to formaldehyde. In the report that used an incorrect value for ceiling height, we concluded that exposure to the low end of the modeled levels of formaldehyde in the CPSC-tested laminate flooring could cause increased irritation and breathing problems for children, older adults, and people with asthma and Chronic Obstructive Pulmonary Disease (COPD). In the updated report, which used the correct value for ceiling height, we concluded that irritation and breathing problems could occur in everyone exposed to formaldehyde in the laminate flooring, not just sensitive groups and people with pre-existing health conditions.

Change in conclusion for long-term health effects

We also increased the estimated lifetime cancer risk from breathing the highest levels of formaldehyde from the affected flooring all day, every day for 2 years. The lifetime cancer risk increased from the previous estimate of 2 to 9 extra cases for every 100,000 people to between 6 and 30 extra cases per 100,000 people. To put these numbers into perspective, the American Cancer Society estimates that up to 50,000 of every 100,000 people may develop cancer from all causes over their lifetimes.

Our recommendations remain the same.

Although the conclusions in the report have been revised, CDC/ATSDR recommendations to protect health have not; we continue to recommend that people with the affected laminate flooring:

  • Reduce exposure –  We provide information on how residents can reduce exposure to sources of formaldehyde in their homes
  • See a doctor for ongoing health symptoms – We recommend that residents who have followed the steps to reduce formaldehyde in their homes and still have ongoing health symptoms (breathing problems or irritation of the eyes, nose, or throat) only in their homes, should see a doctor to find out what is causing the symptoms.
  • Consider professional air testing if irritation continues.

What happened to the acceptable cancer risk of 1 in a million?

As you can see the agency tried to justify their inaction by saying that the American Cancer Society estimates that up to 50,000 of every 100,000 people may develop cancer in their lifetime.  That number  may be higher than that if people are also exposed to this flooring.  This outrageous cancer estimate proves that we need to remove these cancer threats as they are found and not just suggest that people see a doctor for ongoing symptoms

So lets see now, if you have contaminated tomatoes, onions or other food related disease the health agencies are all over it.  They tell consumers to not buy or wash thoroughly the vegetable or food product of concern.  However, when you have a consumer product that can affect everyone exposed to it there is no immediate health alert or no product recall what so ever.  WHAT!

Why do tomatoes get more attention, investigation and result in consumer warning to be careful than toxic chemicals in the environment that is literally killing children?  Young children are sick and dying across the country and our politicians don’t seem to care.

Will we ever stop the poisoning of our children, our water, our soil, our plant?  I fear not because we are not a problem veggie.  We all deserve to be protected, just like the government protects a tomato.

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Backyard Talk

New Research: The Hidden Costs of Air Pollution

Exposure to air pollution is linked to a variety of physical health issues, including short-term infections and irritation, and long-term issues like bronchitis and asthma. New research at Columbia University suggests that there may be even more insidious effects of air pollution on unborn children, particularly on their ability to regulate emotions and behavior.

The new study, published in the Journal of Child Psychology and Psychiatry, was the first to look at early-life exposure to PAHs (polycyclic aromatic hydrocarbons) and study its impacts on childhood behavior. PAHs are widespread air pollutants, and are commonly emitted by vehicles, coal plants, industrial manufacturing facilities, and waste incinerators. Due to disparate siting of such facilities in low-income and minority communities, children from these communities are more vulnerable to the impacts of PAHs, which range from cancer to a variety of behavioral issues.

The recent study measured the levels of particular ‘biomarkers’ – compounds that are produced in the body as a result of PAH exposure – in the blood of mothers from New York City. They found that children of mothers with high exposure to PAHs had significantly worse scores on a test that measures behavior and emotional regulation in children. Essentially, PAH exposure may be a predictor of a variety of mental health problems in children and young adults. One study author was quoted in the Columbia Center for Children’s Environmental Health press release:

“This study indicates that prenatal exposure to air pollution…may underlie the development of [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][childhood psychiatric problems] such as ADHD, OCD, substance use disorders, and eating disorders.”

The study particularly focused on women from low-income and minority communities, who are at greater risk of exposure to PAHs. Based on the study, increased exposure to PAHs faced by environmental justice communities may leave the next generation susceptible to not only physical health risks, but also behavioral and emotional issues.

To read more about research at the Columbia Center for Children’s Environmental Health, visit their webpage.

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Holding Polluters Accountable

CHEJ founder Lois Gibbs, considered the mother of the federal Superfund program, said it was “about time polluters were held accountable” when she heard that the U.S. Court of Appeals ordered the Environmental Protection Agency to stop letting polluters off the financial hook for the contamination they cause. At the end of January, the court directed EPA to finalize its “financial assurance” regulations that have been more than 30 years in the making. The Superfund law has teeth to hold corporate polluters accountable and this is an important step towards making that happen.

The financial assurance provision of the Superfund law – officially known as the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) – ensures that responsible parties, and not the public, bear the financial burden of completing Superfund cleanups. This provision requires corporate polluters to demonstrate that adequate financial resources are available to complete required cleanup work. One of the main tenets of this law is to prevent companies who created toxic sites from declaring bankruptcy and walking away, leaving taxpayers to foot the bill for cleanup, often causing long delays before these dangerous sites are cleaned up.

The court recognized that “Although CERCLA requires operators to pay to clean up hazardous releases, many avoid payment by restructuring their operations so they never have to pay. It is a common practice for operators to avoid paying environmental liabilities by declaring bankruptcy or otherwise sheltering assets.”

For 35 years since the law was passed in 1980, EPA has failed to issue regulations that describe how it would implement and enforce this provision of the Superfund law. As a result, company after company found ways to pass the cost of environmental disasters on to taxpayers. With this new ruling EPA has no choice but to finally issue these financial assurance regulations which will require polluting companies to pay up front, or place funds aside to cover the costs of cleaning up contaminated sites. It will also provide an incentive for polluters to reduce their pollution and thus reduce their liability.

As the nation’s leading source of toxic pollution (nearly 2 billion pounds per year), the mining industry was targeted to be the first in line for the new regulations. The court has ordered the EPA to complete the draft regulations by December 1, 2016, and finalize the regulations by Dec. 1, 2017. EPA must also establish regulations for three other industries, including coal ash ponds, chemical manufacturing facilities and petroleum and oil refineries by Dec. 1, 2016.

The lawsuit was filed Earth Justice on behalf of Earthworks and several coalition partners. For more information, see https://www.earthworksaction.org/media/detail/court_orders_environmental_protection_agency_to_finalize_rules_so_polluters/04270#.Vs4bj-btiwZ

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Backyard Talk

Super-Polluters Responsible for Most Environmental Health Risks

Environmental justice is a familiar concept to the communities that CHEJ works with, who experience racial and socioeconomic disparities in health as a part of daily life. Among the general public, this concept is not always understood. If there is any positive associated with the tragic water contamination in Flint, MI, it is that environmental injustices may continue to gain more research attention and spotlight in the national media as a result.

Today, EJ research was front-page news. Just a few days ago, researchers with the Socio-Environmental Synthesis Center in Annapolis, Maryland, released a study that combined computational science and sociology to investigate the impacts of a class of polluters known as ‘Super Polluters.’ These sources are responsible for disproportionate amounts of air pollution. The study was a huge undertaking, assessing the emissions of 600 chemicals from close to 16,000 facilities, and the results were unsurprising: the highest-polluting facilities were located in low income communities and communities of color.

Though the study demonstrates a known concept within the environmental justice community, it supports past findings with a massive body of data, and demonstrates that the effects of super-polluters on low-income and minority communities are worse than previously thought. As one of the researchers shared on SESYNC’s blog, “If you’re non-white or poor, your community is more likely to be polluted by arsenic, benzene, cadmium, and other dangerous toxins from industrial production…What’s new and surprising is that industry’s worst offenders seem to impact these communities to a greater extent than might already be expected.”

The study also sheds light on who to blame for the situation. According to the study, fewer than 10% of the facilities they assessed were responsible for more than 90% of human health risks from excess pollution. These findings are relevant for policy-making; if a subset of facilities are causing the majority of the harm, it’s possible that targeted emissions-limiting efforts could be more impactful for promoting environmental justice than large-scale regulatory efforts. Placing more emphasis on protecting the most vulnerable communities, it seems, goes hand-in-hand with reducing the most extreme of environmental pollution in the U.S.

The Washington Post reported on the study today, while placing the Flint tragedy in the context of the larger problem of environmental injustice. This study contributes to our growing understanding of environmental injustice, and will hopefully continue to shed a spotlight on vulnerable communities like Flint, MI. As Dr. Sacoby Wilson of the University of Maryland commented to the Post that the Flint situation “is really going to raise attention around environmental justice issues around the country, and also how you have these other environmental justice disasters that are looming out there.”

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People or Pollution – Which Came First?

Researchers at the University of Michigan, School of Natural Resources and Environment published a paper last month that examines an important question about environmental disparities: Which came first – The people or the pollution? More specifically, are present-day disparities around hazardous sites the result of a pattern of placing hazardous waste sites, polluting industrial facilities, and other locally unwanted land uses disproportionately where poor people and people of color live? Or are they the result of demographic changes that occur after the facilities have been sited? Their answer published in the December issue of the journal Environment Research Letters points to a clear pattern of disproportionately placing hazardous waste facilities in people of color communities at the time of siting.

The authors used a national database of commercial hazardous waste facilities sited from 1966 to 1995 and examined the demographic composition of host neighborhoods at the time of siting and demographic changes that occurred after siting. They found strong evidence of disparate siting for facilities sited in all time periods, though they did find some evidence of post-siting demographic changes. According to the authors, these changes “were mostly a continuation of changes that occurred in the decade or two prior to siting, suggesting that neighborhood transition serves to attract noxious facilities rather than the facilities themselves attracting people of color and low income populations. Our findings help resolve inconsistencies among the longitudinal studies and builds on the evidence from other subnational studies that used distance-based methods. We conclude that racial discrimination and sociopolitical explanations (i.e., the proposition that siting decisions follow the ‘path of least resistance’) best explain present-day inequities.”

This study examined the processes by which racial and socioeconomic disparities in the location of polluting industrial facilities can occur. According to the authors, “prior studies have had mixed results … principally because of methodological differences, that is, the use of the unit-hazard coincidence method as compared to distance-based methods.” This is the first national-level environmental justice study to conduct longitudinal analyses using distance-based methods.

The authors came to conclude that “Our findings show that rather than hazardous waste TSDFs ‘attracting’ people of color, neighborhoods with already disproportionate and growing concentrations of people of color appear to ‘attract’ new facility siting. The body of distance-based research suggests that government policies, industry practices and community empowerment measures are needed to ensure fairness in the siting process and to address disparities in risks associated with existing facilities. In addition, more studies that use reliable methods to assess such racial and socioeconomic disparities in the location of other types of environmental hazards could also improve our understanding of the processes and factors that contribute to environmentally unjust conditions in the United States and around the world.”

The authors also published a review paper in the same issue of this journal that summarized previous environmental justice studies that demonstrated the existence of racial and socioeconomic disparities in relation to a wide range of environmental hazards.



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Climate Change – What In The World Are We Doing

Climate Change Actions are moving forward to reduce impacts across the globe. But at the same time, some of the most destructive practices of the gas and oil industry continue as fossil fuels are extracted, stored and transported. Creating as much or maybe even more damage than society is reducing. It is a living contradiction. What in the world are we (society) doing?

As I visit communities or take calls from leaders I’m told their water is poisoned from fracking. No one will take responsibility, no one will provide clean drinking water for families and  families can’t afford to pay for a new water supply themselves. Well heads leak methane and other chemicals on a daily basis. Leaders are still being told natural gas is the answer to coal. Always and either or situation instead of none of the above choices are acceptable.

I hear from community leaders that there was a train accident that destroyed their home, community and sense of safety. Pipelines have cause explosions, fires and contamination across the country in record numbers.

All of these problems significantly contributed to our climate crisis either in production, transport or accidents. Moreover, people are speaking out in record numbers about the need for change, not only in Paris but in communities that dot the world which no one even has heard of before. It’s confusing, infuriating, and just plain insane.

Let’s look at what’s happening in California. A massive amount of methane gas is currently erupting from an energy facility in Aliso Canyon, at a startling rate of 110,000 pounds per hour. This has led to the evacuation 1,700 homes so far. The gas involved in this leak is methane, the main component of natural gas, which is 25 times more potent than carbon dioxide when it comes to climate change impact. About one-fourth of the anthropogenic global warming we’re experiencing today is due to methane emissions.

Leaks like the current one in California, are a major contributor. In Pasadena, for instance, just 35 miles from the leak in Aliso, investigators found one leak for every four miles.

So far, over 150 million pounds of methane have been released by the Aliso Canyon leak. The cause of the leak is still unknown however more than 38 percent of the pipes in Southern California Gas Company’s territory are more than 50 years old, and 16 percent are made from corrosion- and leak-prone materials.

The company said, their efforts to stop the flow of gas by pumping fluids directly down the well have not yet been successful, so we have shifted our focus to stopping the leak through a relief well. Alright how long will that take, the relief well process is on schedule to be completed by late February or late March.

Let me remind you that the gas is now leaving the facility at a rate of 110,000 + pounds per hour. Multiply that with 24 hours a day and several months it’s astonishing. And this is just one leak in California.

So how exactly is society worldwide going to directly impact/reduce climate changes when we have one thumb in the hole to plug up the releases while the other hand is digging through the earth to intentionally release greenhouse gases?

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Environmental Justice Began For Me At Love Canal

As I was cleaning out my drawer I found an old photo from Love Canal that reminded me of an extraordinary relationship that kept all Love Canal families working together. It was a picture of Sarah, from the Love Canal Renters Association with me at the 20th Anniversary celebration of Love Canal. The Love Canal community was made up of 240 rental apartments (called Griffin Manor) and 800 individual homes.  The rental units were designed for families with four to five children and were subsidized by the government.

After the first evacuation in 1978 of the two rows of homes that encircle the canal, the rest of the neighborhood was declared safe. On one side were individual homes and on the other side was Griffon Manor. As we began to organize to expand the evacuation area one of the core leaders from Griffin Manor and I held a meeting with our neighbors at Griffon Manor to explore what to do. We agreed that the more families involved the more power we would have. The state recognized that potential power as well and the afternoon before our meeting a state representative working on relocation approached me with a warning. He said, “Those people are dangerous. Look at the rap sheet on just one of the residents. You will get attacked if you go there. Cancel the meeting.”

My experience was quite different as I knew a few of the families whose children attended school with mine. They seemed like nice families to me. So, despite the warning a friend and I went to the meeting and talked about what we knew of the actions taking place and encouraged residents to join together to fight for our health and children. It was a great meeting, not threatening at all.

As we moved forward together the state began an active campaign to keep us apart. For example, news releases would talk in detail about what they were doing for the homeowners and never would mention the Griffon Manor families.  Sarah the leader of the Griffon Manor residents would tell me stories about how the state was telling her neighbors to separate from the larger group because the homeowners don’t really care about them.

The friction was mounting and nourished weekly by the state personnel. Sarah and I decided we needed to do something to keep people together. We met and decided that we would continue to work together but with parallel groups. Sarah and I would meet often and coordinate the two group’s activities but would not let the state or even our own members know this was happening for fear they would continue to interfere with our collaborations. It wasn’t ideal, but we thought there weren’t many other options as you can only focus on so many fights at a time.  Sarah and I representing the Homeowners’ Association told the state that we demanded a seat at the table for the Griffin Manor families and recognition of the Concerned Renters as an individual entity. The state agreed.

Why am I telling this story now? Because as I listen to the political comments from presidential candidates it so reminds me of the unfair and untrue characteristics of families in Griffin Manor, by state representatives.   The state’s objective was to divide and conquer, in order to do as little as possible for ordinary people, victims of the man made disaster. This is the case today as well in some of this political rhetoric.

Because the Homeowners Association didn’t allow ourselves to be pitted against the Renters Association everyone won relocation with associated financial assistance. It’s a lesson that others can learn from. Don’t let the powers divide us base on color, class or religion. We are stronger together and working together we can obtain equal rights and benefits.

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“The worst environmental disaster since the BP oil spill”

Today, California Governor Jerry Brown declared a State of Emergency over a methane leak that has been flooding the Los Angeles suburb of Porter Ranch for the past several months. The leak, which began in October, stems from a damaged pipeline operated by Southern California Gas Co. The company is still unsure of how to stop the leak, which is likely to continue sickening nearby residents and contributing immensely to greenhouse gas outputs for at least the next two months. Many commentators, including famed advocate and researcher Erin Brokovich, have called it “the worst environmental disaster since the BP oil spill of 2010.”




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Infrared Image - Environmental Defense Fund




The public health impacts of the leak have been tremendous so far. Methane is not only highly flammable, but can have serious health impacts. The NIH explains that methane exposure at high concentrations can cause headache, dizziness, weakness, vomiting, and loss of coordination. Though methane itself poses risks, the L.A. County Department of Public Health determined that mercaptans – nontoxic odorants added to natural gas – are to blame for current health effects. Residents have reported headaches and nosebleeds, which has forced the evacuation of over 2000 residents from their homes.

CBS reported that these relocated residents are part of a larger group of more than 6500 residents who have filed for help in the wake of the crisis. Though many are still in need of assistance and criticism of the company and the government is running high, activists in Porter Ranch have evaluated the incident from an environmental justice perspective and determined that they have been luckier than many. According to the LA Times, activists from the group Save Porter Ranch have noted that the wealth of their neighborhood has probably played into the relatively swift response and highly public discussion surrounding the leak, while poorer communities and communities of color are ignored. “There’s other communities with probably worse problems than us, for decades longer, that don’t get relocated,” activist Matt Palucko told the LA Times.




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In addition to public health impacts effects, this disaster may have serious climate-related implications. Methane is a potent greenhouse gas; according to the EPA, methane’s impact on climate change is 25 times greater than carbon dioxide. The leak is estimated to be releasing nearly 70,000 pounds of methane on an hourly basis, and may end up accounting for about a quarter of California’s methane emissions for the year.

Though the source of the leak has been identified, Southern California Gas Co. has struggled to find a solution that would stem the flow of the methane. As soon as the leak was discovered, the company tried to plug the well, but several attempts were unsuccessful. They are opting to drill two ‘relief wells’ to divert the flow of gas, but this will be a lengthy and difficult process that may not be completed until March. In addition to the state of emergency, Gov. Brown also called for enhanced safety measure and inspections at gas storage facilities to prevent future incidents within the widespread and still-expanding natural gas industry.

To watch video footage of the leaking methane, visit the Environmental Defense Fund’s YouTube Channel.

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