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Environmental Justice – Learning from Ecuador

In a previous blog by CHEJ’s Science Director, Stephen Lester, we saw that Environmental Justice (EJ) communities are not at all confined to the US. In fact, they may be even more prevalent in developing countries, and their struggles can help us better learn how to fight for justice in our own communities.

One such example is in the South American country of Ecuador, where Texaco, later annexed by oil giants Chevron, polluted massive portions of the Amazon rain forest with their oil drilling operations for nearly 40 years during the later half of the past century. Between 1954 and 1990, the amount of contamination dumped in Ecuador’s Amazon portion is estimated to be over 30 times greater than the oil spilled during the Exxon Valdez disaster.

In 2003, over 30,000 affected Ecuadorians – many of them indigenous people – filed a class-action lawsuit against Chevron, accusing the oil company of being directly responsible for more than 1,000 cancer deaths. Years of legal battles and stalling tactics by Chevron ensued, but in a recent development the International Court of Justice (ICJ) ruled that a prior decision by an Ecuadorean court fining Chevron $9.5 billion in 2011 should be upheld.

Although it is still unclear what body would have the authority to enforce the ICJ’s ruling, this decision is a massive victory for the people of Ecuador. Their perseverance – over 10 years of struggle and activism – lead to this development. In addition, despite having severely limited monetary resources and little education as well as political influence, they found strength in numbers. More than 30,000 individuals came together and organized for the cause. They used the small connections they had to draw in NGOs and other organizations to help them in their cause.

In the end, the people from Ecuador may yet achieve retribution and justice from the multibillion company that polluted their homes and killed their loved ones. As for us, we should congratulate and learn from their hard work and determination.

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World Wide Environmental Justice Map



A terrific new resource is available to identify environmental justice (EJ) communities worldwide. The Environmental Justice Organizations, Liability, and Trade (EJOLT) has developed a worldwide interactive EJ Atlas. In an article published recently in the Guardian of London, an interactive map was published that you can click on a button and read the story about the struggle of local grassroots community based groups to address toxics waste sites, oil refineries, deforestation and much, much more.

According to the Guardian, “the EJ Atlas aims to make ecological conflicts more visible and to highlight the structural impacts of economic activities on the most vulnerable populations. It serves as a reference for scientists, journalists, teachers and a virtual space for information, networking and knowledge sharing among activists, communities and concerned citizens.”

The article goes on to say that the atlas was inspired by the work of participating Environmental Justice organizations including the World Rainforest Movement, Oilwatch International, OCMAL, the Latin American Observatory of Mining Conflicts, whose work fighting and supporting impacted communities for over 20 years has helped articulate a global movement for environmental justice. The atlas is a project of Ejolt, a European supported research project that brings together 23 organizations to catalogue and analyze ecological conflicts. The stories were entered by collaborating activists and researchers and moderated by a team at the Autonomous University of Barcelona.

“Beyond stories of disaster and degradation, the struggles documented in the atlas highlight how impacted communities are not helpless victims. These are not only defensive and reactionary battles but proactive struggles for common land, for energy and food sovereignty, for Buen Vivir, indigenous ways of life and for justice. The environment is increasingly a conduit for frustrations over the shape of capitalist development. Tracking these spaces of ecological resistance through the Environmental Justice Atlas highlights both the urgency and the potential of these movements to trigger broader transcendental movements that can confront asymmetrical power relations and move towards truly sustainable economic systems.”

Last year the U.S. portion of the Atlas went live and included the 40 most influential environmental justice cases in U.S. history as identified from a national survey of environmental justice activists, scholars, and other leaders. The survey and mapping effort were led by professors Paul Mohai and Rebecca Hardin and a group at the University of Michigan’s School of Natural Resources and Environment.

Below are links to the article and the Atlas, including a link that takes you directly to the U.S. portion.

Mapping the Global Battle to Protect Our Planet

http://www.theguardian.com/global-development-professionals-network/2015/mar/03/mapping-environmental-protest-justice-defending-land?CMP=share_btn_tw#img-1

Map of Environmental Justice Conflicts in the U.S.

http://ejatlas.org/country/united-states-of-america

Map of Environmental Justice Conflicts Worldwide

http://ejatlas.org/



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Fracking and Common Sense

Does fracking really have the potential to contaminate our country’s drinking water supply? Can a process that occurs thousands of feet below the surface really affect it? The gas and oil industry has spent millions and millions of dollars to convince regulators and the American public that fracking is safer than a Volvo. And although their millions have largely succeeded in raising debate on the issue, it only takes some common sense to see how drinking water can be contaminated by this process. Here are only a few (of the probably thousands) of the ways in which drinking water contamination may happen:

  1. 1. Fracking Fluid: Fracking fluid is a toxic soup of different chemicals that together act to prime and dissolve the shale, as well as force gas/oil towards the surface. Oil and gas companies have kept the exact contents of the fracking fluid they use a secret, claiming that it is confidential business information. However, a new ruling in the state of California has pushed companies to reveal over 200 distinct chemicals used in fracking fluids. Many of these chemicals are known carcinogens and neurotoxins such as toluene and formaldehyde. Workers can easily be exposed to these chemicals and communities surrounding drilling sites are at risk from accidental spills.
  2. Drilling: Fracking pipelines dig down to depths of over 10,000 ft. belowground. All throughout, they are encased by rings of cement or other similar materials to prevent chemicals from seeping into the drill-hole’s surrounding. How the heck can you fully encase a 10,000-foot hole that is barely a foot in diameter in cement? It’s like inserting a 10-foot paper straw into beach sand and expecting it not to break along the way. The simple logistics of it mean that there are bound to be cracks and other imperfections that will inevitably allow fracking fluid and collected gases to leech out into the surroundings. In fact, a study published by experts from Duke, Stanford, Dartmouth and the University of Rochester found direct evidence that linked groundwater contamination to faulty casings in gas wells. Other reports estimate that between 5-7% of new gas wells leak due to structural deficiencies, and that number skyrockets to 30-50% as they age.
  3. Wastewater: Wastewater, or “produced water” as the industry calls it, is the byproduct of fracking. It contains the mix of chemicals found in fracking fluid as well as other naturally occurring contaminants from groundwater that are washed out of the fracked shale. This wastewater is then either re-injected into the ground to help force more oil to the surface, heated to make steam and injected to soften heavy oil deposits, stored in surface reservoirs, or most of it is injected underground. Here is where it does it’s damage. Trucks carrying wastewater oftentimes leak it out as they transport it, storage ponds are notoriously porous and injection wells suffer from the same structural problems as gas wells. In short, wastewater will likely find it’s way out and into our groundwater reserves.

There are many, many more ways in which groundwater may be contaminated by fracking. The vast amounts of money spent by industry have led some people to believe the lie that it is a safe and clean technology, but we only need to use our common sense to see just how it can take away one of our most prized resources.

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Did Chemical Company Author New Chemical Bill

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

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Chemical Exposures and Health Care Costs

A new economic analysis has concluded that exposure to endocrine-disrupting chemicals likely costs the European Union €157 billion ($209 billion U.S.) a year in actual health care expenses and lost earning potential, according to a new series of studies published in the Endocrine Society’s Journal of Clinical Endocrinology and Metabolism.

A total of four papers were published (overview, neurobehavioral, male reproduction and obesity & diabetes) that focused on specific health conditions that can partly be attributed to endocrine-disrupting chemical (EDC) exposure. These included infertility and male reproductive dysfunction, birth defects, obesity, diabetes, cardiovascular disease and neurobehavioural and learning disorders. A team of eighteen researchers from eight countries led by Leonardo Trasande, Associate Professor of Pediatrics, Environmental Medicine & Population Health at NYU Medical Center, were involved in this landmark initiative.

EDCs interfere with numerous hormone functions and are commonly found in thousands of household products including plastics made with vinyl, electronics, pesticides, and cosmetics.

The overview paper concluded that “EDC exposures in the EU are likely to contribute substantially to disease and dysfunction across the life course with costs in the hundreds of billions per year. These estimates represent only those EDCs with the highest probability of causation; a broader analysis would have produced greater estimates of burden of disease and costs.”

The papers were prepared in conjunction with an evaluation being done by the EU Commission of the economic impact to industry of regulating EDCs in Europe. According to the authors, “Our goal here is to estimate the health and economic benefit of regulating EDCs in Europe, based on current evidence.”

The expert panels put together for this analysis “achieved consensus for probable (20%) EDC causation for IQ loss and associated intellectual disability, autism, attention-deficit hyperactivity disorder, childhood obesity, adult obesity, adult diabetes, cryptorchidism, male infertility, and mortality associated with reduced T.”

“The analysis demonstrates just how staggering the cost of widespread endocrine-disrupting chemical exposure is to society,” said Leonardo Trasande, the lead author in a press statement released by the Endocrine Society. “This research crystalizes more than three decades of lab and population-based studies of endocrine-disrupting chemicals in the EU.”

The press release goes on to say:

“In the EU, researchers found the biggest cost driver was loss of IQ and intellectual disabilities caused by prenatal exposure to pesticides containing organophosphates. The study estimated the harm done to unborn children costs society between €46.8 billion and €195 billion a year. About 13 million lost IQ points and 59,300 additional cases of intellectual disability per year can be attributed to organophosphate exposure.

“Adult obesity linked to phthalate exposure generated the second-highest total, with estimated costs of €15.6 billion a year.

“Our findings show that limiting exposure to the most common and hazardous endocrine-disrupting chemicals is likely to yield significant economic benefits,” said one of the study’s authors, Philippe Grandjean, MD, PhD, Professor of Environmental Medicine at the University of Southern Denmark and Adjunct Professor at the Harvard T.H. Chan School of Public Health. “This approach has the potential to inform decision-making in the environmental health arena. We are hoping to bring the latest endocrine science to the attention of policymakers as they weigh how to regulate these toxic chemicals.”

The impact of this paper is staggering. It should be a “wake up call” said Linda Birnbaum, Director of the U.S. National Institute for Environmental Health Sciences when asked about the results. It also provides more evidence that low level exposure to chemicals found in everyday household products is affecting the health of many people not just in the Europe, but worldwide.

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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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Why The West VA Oil Spill Will Not Be The Last

A ball of fire engulfed the town of Mount Carbon West Virginia. In a freaky déjà vu moment reminiscent of the events of April of last year in Lynchburg VA, a train hauling more than 100 tankers derailed during a snowstorm on Monday in West Virginia. Just like last year, the train operator was CSX. Just like last year, a local river was contaminated. And just like last year, the train was carrying crude oil from the increasingly fracked Bakken formation in North Dakota.

These moments of déjà vu are increasingly becoming common. In a 10 month period from March 2013 to January 2014, 10 major crude oil spills occurred due to train accidents. In the last week alone, two major oil railcar incidents made headlines – one being the incident in West VA and the other a similar accident in Ontario, Canada.

Why is all this happening? Simple. Oil and gas production has increased exponentially in the past few years mainly due to the fracking boom that has taken over the country. The amount of oil being transported through rail has increased from 9,500 carloads in 2008, to over 400,000 in 2013 according to the Association of American Railroads; and 2014 figures are expected to far surpass this number. More oil equals more trains – and more trains equal more accidents.

The oil and gas industry has spent millions of dollars to convince the nation that fracking is safe and environmentally friendly. Its several potential dangers, from groundwater contamination and exhaustion to public health and social issues, are unquestionable truths that are clouded in the eyes of the public by constant streams of money from the industry. Now, the increase in railroad accidents, like the Mount Carbon spill, are a new threat to add to the long list of hazards due to fracking. And as this new danger gains more media attention, the oil and gas industry will be the reason why this oil spill will not be the last.

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Health Studies: What you can expect and what you can do

Whether your group is new or has been organized for years, one of the most pressing questions you’ll face is about health problems in your community. Typically, if you raise enough public attention and pressure, the state will ask the Agency for Toxic Substances and Disease Registry (ATSDR) to do a health study. While you may initially be excited, be careful what you ask for. ATSDR has a poor track record at investigating health problems in communities. You are more likely to get a result that is “inconclusive by design” than you are to get an honest answer to your questions. At least that’s what history tells us.

You can expect at least two things from ATSDR: First, the agency is going to treat your community like every other community that they have gone into. Second, ATSDR is going to use the standard methods they use to evaluate and investigate the health problems in your community.  Unfortunately, these scientific methods cannot answer with any accuracy or assurance the questions that people have about health problems in their community. The best state-of-the-art scientific methods that ATSDR will use cannot determine what’s causing an increase in cancer, birth defects or any other adverse effect in a population of people.

In 99 out of 100 instances, health studies conducted by ATSDR or other government agencies are inconclusive or at best incapable of determining what might be causing an observed increase in a disease found in a community. Given this likely outcome, it’s critical to have a plan for how to get the most from a health study done in your community.

One important step is to define as a community what you want. Do you want a typical epidemiological study where a questionnaire is distributed throughout the community asking about health problems and the results are then compared to a matched unexposed community? Do you want a clinic set up in the community where people could be tested to evaluate their health? Maybe some portion of the community wants to be relocated or evacuated and you want ATSDR to recommend such action.

Once you’re clear on what you want, then you need to figure out how to achieve these goals. This will take some strategic planning and a strong organized community effort. Ask these three questions about the health study, the answers to which will give you a good sense of the intent of the investigators and the limits of the study:

  • What are the goals of the investigation?
  • How will the investigators get the information they need?
  • How are they going to release the results?

Based on what you find out, you may decide that you don’t want to participate in this study. Or you may decide you want to change the agency’s plan to something that will be useful to your group. Changing their plan will require a strong organized community effort and a plan to get your points across to the agency. CHEJ can help you develop a plan to address a health study. Contact us at chej@chej.org

Also, tune in tomorrow at 12 noon EST to participate in a training session on Health Studies: What can they tell you about health problems in your community?


(RSVP Online Now)

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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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SAN Trimer: The hidden killer behind the Reich Farm Superfund Site

Styrene-acrylonitrile trimer. It sounds like some sort of noxious mega-rocket fuel that Wile E. Coyote used to power his Acme rockets as he tried to take the Roadrunner down. Turns out styrene-acrylonitrile trimer, or SAN trimer for short, is not so far from being just that as the residents of Toms River, NJ painfully and tragically found out.

SAN trimer is a compound set of similar semi-volatile chemicals that are formed during the production of acrylonitrile styrene plastics. This compound is relatively new to modern toxicology, having been studied in depth only within the past decade and a half. As a result, its toxicological properties remain poorly understood – and the residents of Toms River and its surrounding areas paid the price for our lack of understanding and, most importantly, our carelessness.

In 1971 a waste hauler working for Union Carbide improperly disposed of drums containing toxic solvents on a section of the three-acre Reich Farm property in Toms River leading to massive soil and groundwater contamination with volatile organic compounds such as trichloroethylene (TCE) and perchloroethylene (PCE). Consequently, the New Jersey Department of Environmental Protection and USEPA worked to address the site’s contamination, introducing it into the National Priorities List in 1983, developing a cleanup plan in 1988 and culminating the soil portion in 1995 (groundwater treatment was ongoing).

However, the SAN trimer lay hidden in the groundwater undisturbed by the treatment system – silently eating away at the health of the local residents. In 1996, significantly elevated rates of certain childhood cancers were found in the Toms River area. A staggering total of 90 cases of childhood cancer were reported from 1979-1995. New Jersey authorities were baffled by this and frantically looked for possible causes. Finally, with the help of the U.S. Agency for Toxic Substances and Disease Registry, they found a possible culprit as high concentrations of the SAN trimer in groundwater surrounding the Reich Farm Superfund Site were detected. Despite having practically zero understanding of the toxicity of SAN trimer, this find led to an update in the groundwater treatment system designed to remove the SAN trimer. Simultaneously, the National Toxicology Program was asked to conduct studies on the SAN Trimer to determine its health effects, and they completed their review in 2012.

The results concluded that the SAN trimer has potential to cause peripheral nerve degeneration, bone marrow hyperplasia and urinary bladder hyperplasia, while also concluding that it has no carcinogenic effects. However, the study consisted of 7 week, 18 week, and 2 year reviews of rats exposed to the SAN trimer as well as bacterial assays. These studies were quite limited and simply underscore our incomplete knowledge of SAN trimer toxicity. Furthermore, although not statistically significant, dose-related increases in DNA damage in brain and liver cells of test rats were observed pointing the way towards a possible association with cancer.

What is clear is that the SAN trimer is one of many new chemicals whose toxicity we simply do not understand. The reality is that it was present for nearly 20 years at the Reich Farm Superfund Site, and it ate up the lives of the children living there. Now, over 35 years since the site became contaminated, EPA held a public meeting in Toms River last Friday to explain how the SAN trimer is not responsible for the cancer cluster that devoured so many lives. And what are they basing this assessment on? On the lie they tell themselves and the rest of the public – that we understand how the SAN trimer works on our bodies, and that this hidden killer is not responsible for ruining 90 lives.