🌸 Cancer Alley looks set to keep its moniker, at least for now
It’s been a while since our last newsletter update, and I apologize for that. I had intended to post weekly updates to Sticky Weather, but I’m still figuring out what a good cadence looks like as I try to juggle work, freelance writing, my personal life, and writing this newsletter 😅
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- Forrest Brown
Spotlight • Justice
EPA ends civil rights probe in Louisiana over discrimination complaints
On Tuesday, June 27, 2023, the Environmental Protection Agency (EPA) announced it had closed two investigations of complaints filed in Louisiana alleging civil rights violations by the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), citing a new proposal to the Clean Air Act that would curb cancerous emissions from plastics and chemical plants in at least two Louisiana parishes.
The move is seen as a loss for local advocacy groups in a part of Louisiana along the Mississippi River dubbed “Cancer Alley” for the large presence of oil refineries, plastics, and petrochemical plants in the area, with some pointing to a lawsuit filed by the Louisiana attorney general against the EPA as the reason for the investigations being closed.
Back up, who’s investigating who?
The EPA’s Office of External Civil Rights Compliance (OECRC) initiated the investigations in 2022 after receiving complaints from Earthjustice, the Lawyers’ Committee for Civil Rights Under Law, and Tulane Environmental Law Clinic on behalf of several different non-profit organizations, including local organizations based in the neighboring southern Louisiana parishes of St. John the Baptist and St. James.
The complaints alleged that the LDEQ and the LDH violated Title VI of the Civil Rights Act of 1964 — specifically that the LDEQ used discriminatory methods to regulate air pollution in the area and that the LDH failed to properly alert residents of health threats caused by the air pollution.
What harmful pollutants are we talking about?
Chloroprene and ethylene oxide (EtO) from a local Denka and Formosa plant, respectively, are the two main pollutants cited in the complaints filed last year.
The Denka plant in St. John the Baptist Parish specifically produces chloroprene, a chemical used to make neoprene for use in a variety of goods like shoes, bandages, and laptop sleeves. The Formosa plant is a plastics facility in St. James Parish that emits ethylene oxide. Formosa sought air permits in 2019 that would allow the plant to double the amount of pollution it could release.
According to Proposition 65 Warnings from the California Office of Environmental Health Hazard Assessment, both chloroprene and ethylene oxide are known to cause cancer.
Why this matters now
Some have questioned the EPA’s timing in deciding to close these investigations, suggesting the agency caved under political pressure. In May of 2023, Louisiana Attorney General Jeff Landry (R) sued the EPA, citing “...fundamental transgressions of the Constitution, the Clean Air Act, and the Civil Rights Act of 1964.” This lawsuit was filed in the wake of a May U.S. Supreme Court decision that weakened the EPA’s powers to regulate protected wetlands and greenhouse gas emissions (GHGs) from power plants.
In an email to Sticky Weather, Lisa Jordan, Director of the Tulane Environmental Law Clinic at Tulane University, said, “EPA filed its closure letter with the federal district court handling the Landry lawsuit the same day the letter was issued, notifying the court that ‘Those now-resolved-complaints are the principal subjects of [the attorney general’s] May 24, 2023 Complaint filed in this Court.’ So it’s hard not to see a connection.”
The Tulane Environmental Law Clinic represented the four groups from the 04R-22-R6 Complaint filed with the EPA on February 1, 2022 raising concerns about the LDEQ’s alleged discrimination against Black communities in its air permitting decisions.
What has the EPA done to address these concerns?
Before closing its investigations of the complaints, the EPA took several actions in an attempt to lower chloroprene and ethylene oxide pollution from the Denka and Formosa plants.
On February 28, 2023, the Department of Justice filed a Clean Air Act civil complaint against Denka on behalf of the EPA in the hopes of getting the company to lower chloroprene emissions from its Louisiana plant. The agency also proposed a new rule under the Clean Air Act on April 25, 2023 that would “...strengthen the emission standards for ethylene oxide (EtO) emissions and chloroprene emissions.”
Jordan expressed approval of the proposal but said it doesn’t do enough in the meantime to protect residents from the harmful effects of air pollution.
“The [Hazardous Organic National Emissions Standards for Hazardous Air Pollutants] rule’s additional controls on carcinogens are important, and when and if they actually result in on-the-ground changes I imagine our clients will welcome them, but in the meantime and — even afterward — LDEQ will continue to churn out permits that allow for new and increased air pollution of all types to amass in our clients’ neighborhoods,” Jordan said. “People continue to suffer and die. Only by getting at the root problem — LDEQ’s discriminatory air permitting practices — can meaningful and lasting change happen.” 🌸
In other news
Fossil fuels: The Mountain Valley Pipeline is moving forward, again. Delayed by lawsuits and regulatory issues since it was first authorized in 2017, this 300-mile pipeline received final approval to move forward on June 29, 2023. Once completed, the pipeline will transport fracked fossil gas from West Virginia to Virginia.
🧑⚖️ A federal appeals court in Virginia blocked construction of the project, but the U.S. Supreme Court ruled on July 27 that construction could resume.
🌳 The pipeline is controversial for many reasons, not least of which because a 3.5-mile stretch of it will be built in the Jefferson National Forest.
🥊 The fight continues in North Carolina, where North Carolina Gov. Roy Cooper (D) is trying to convince federal regulators not to approve the 75-mile Southgate extension of the pipeline into North Carolina.
Politics/Business: The construction of a new Rivian assembly plant in northeast Georgia draws local opposition. I recently wrote an article for Facing South about how environmental concerns and a perceived lack of transparency from state and local officials are fueling opposition from a local grassroots organization to the construction of Rivian’s new Georgia plant. Check it out!
🛻 Rivian is a California-based maker of electric pickup trucks and SUVs. Its first assembly plant is located in Normal, Illinois.
📈 Rivian shares recently saw a boost after news broke that Amazon struck a deal with the electric automaker to use its electric delivery vans in Europe.
Bright spots
It’s not all doom and gloom! Here’s some recent good environmental news to come out of the South (and sometimes elsewhere):
U.S. Offshore Wind Industry Is 'Coming to Life' - Scientific American
Montana judge rules in favor of youth in landmark climate case - KPAX
Controversial carbon removal technology just got $1.2 billion from the Biden administration - The Verge
Over yonder
Here are some recent noteworthy climate stories from outside the South:
July was so hot that scientists think it has already been the hottest month ever - NBC News
The US passed a major climate law one year ago. Here's how it's going - Canary Media
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