Free to sue a power plant that meets all air standards


A federal appeals court on Tuesday ruled that two women who live near a western Pennsylvania power plant
can sue over alleged fly ash pollution even though the plant meets state and federal air pollution standards.


Associated Press writer Joe Mandak reports:

The women, Kristie Bell and Joan Luppe, sued on behalf of all residents who live within a mile of the Cheswick Generating Station plant, which is about 15 miles northeast of Pittsburgh. They contend it emits fly ash and other waste particles onto their properties and allegedly contains cancer-causing chemicals. The women allege that the pollution was a nuisance, the plant was negligent in creating it and was effectively trespassing on their property whenever the waste accumulated.
Attorneys for the plant countered that the lawsuit was attempting to toughen air pollution standards without properly going through Congress or regulatory agencies.
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Last fall, a federal judge in Pittsburgh ruled in favor of the plant. He said that allowing the women to sue over how the plant acted when it was meeting Clean Air Act standards would make it impossible for energy providers to know whether their actions are legal. At most, such allegations should be handled as pollution permit violations under federal law, the judge ruled.

But a three-judge 3rd Circuit Court of Appeals panel ruled unanimously to reverse that decision Tuesday. The federal Clean Air Act regulations are meant to impose minimum standards only, they wrote, adding that federal law doesn’t preclude citizens from suing if their properties are affected.

"We see nothing in the Clean Air Act to indicate Congress intended to pre-empt" such lawsuits, the judges wrote in a 23-page opinion. 

See the full story here 

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EPA plans $19m cleanup of old dry cleaning site in NJ


The U.S. Environmental Protection Agency (EPA) announced today that it has proposed a plan to clean up contaminated soil and groundwater at the White Swan Cleaners/Sun Cleaners Superfund site in Wall Township, Manasquan Borough and Sea Girt, New Jersey.

Previous dry cleaning operations in Wall Township caused the contamination of the soil and groundwater with volatile organic compounds, including perchloroethylene (PCE) and trichloroethene (TCE), the EPA said in a news release.

"Exposure to these chemicals can have serious health impacts, including liver damage and increased risk of cancer. The plan proposed will require the excavation and treatment of contaminated soil and the treatment of some groundwater."


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A public meeting on the proposed plan will be held at 7 p.m. on August 27 at the Wall Township Municipal Center, 2700 Allaire Road, Wall, NJ. Public comments will be received until September 20.


“Thirty years of operation by local dry cleaning companies have left a toxic contamination that will cost $19 million to address,” said EPA Regional Administrator Judith A. Enck. “This is an astonishing toxic legacy that the EPA is addressing."      

Read more information about the site and the cleanup plan here


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New Jersey environmentalists on what Sandy taught us

Joint committee hearing on Sandy recovery - Photo 2 -Atlantic City Aug 15 2013

** Five video interviews below**

On Thursday, [Lawmakers hear other side of NJ’s Sandy recovery story] the bulk of the
testimony at a joint New Jersey Senate/Assembly committee meeting in Atlantic City
came from distraught shore residents and organizations representing the poor and
elderly who are 
still struggling to deal with the storm’s consequences.  


A number of environmental experts and organizations also had stories to tell. 

Included among them were: former NJDEP Commissioner Mark Mauriello; home elevation
expert Rod Scott; U.S. Green Building Council NJ Chapter Vice Chairman Wayne DeFeo,
NJ Sierra Club Director Jeff Tittel, and NY/NJ Baykeeper Executive Director Debbie Mans.  

EnviroPolitics
interviewed them outside the meeting at Convention Hall. 

Here are their videos
:

Mark Mauriello on the lessons the NJDEP may not have learned from Hurricane Sandy


Rod Scott on the need for trained house-elevation contractors in New Jersey



Wayne DeFeo on LEED-certified structures and Hurricane Sandy




Jeff Tittel on the need to factor in rising sea levels when rebuilding for the future




Debbie Mans on why government needs to improve response to coastal urban flooding



The Senate and Assembly environment committees plan to continue their 
oversight hearings in late September. The next meeting will be in Trenton.

Related environmental news stories
:

Residents express anger, frustration at post-Sandy rebuilding to state lawmakers
Sandy victims seek answers from state lawmakers

New Jersey environmentalists on what Sandy taught us Read More »

Lawmakers hear other side of NJ's Sandy recovery story

[See video interviews below]

At a hearing in Atlantic City yesterday, New Jersey lawmakers heard from a number of shore residents, church leaders, and advocates for the poor and the elderly who testified that the state’s efforts to recover from Superstorm Sandy are less effective than the public might believe after watching Governor Chris Christie’s "Stronger than the Storm" television ad campaign.

The Associated Press reports today:

Simone Dannecker, of Union Beach, is fighting her mortgage company for the right to stay in her home. She works 20 hours a week as a bank teller and spends another 20 writing letters, filling out paperwork for seven separate aid programs, and making phone calls.

At a joint state Senate-Assembly hearing on the pace of rebuilding since the Oct. 29 storm, she broke down in tears describing the frustration and hopelessness she and her family feel as everything they once knew has been upended.

"We are the typical hard-working blue-collar American family who ask for nothing," she said. "Now they tell me I owe $320,000 on a house that isn’t worth $150,000 right now.

"We are living in a mold-infested neighborhood," she said. "Do I fight to keep the house I lived in and raised my kids in, or do I walk away? It’s a very emotional thing to deal with this on an everyday basis.

"The state has gotten us wrapped in so much paperwork, it consumes your life," she said. "It really does. Not once have I spoken to the same person.
You get passed along and passed along."

Michael Drewniak, a spokesman for Christie, said the ads "were critical to dispel the
idea that the shore, rentals and attractions were unavailable or unattractive."

Others testified that many elderly residents are totally unequipped to negotiate with government agencies and insurance companies and some have been victimized by phony mold-removal contractors who fail to deliver on promises of mold-removal after pocketing their fee.

Several environmental experts and organizations called for land-use planning that incorporates anticipated increases in sea levels, more government buyouts of properties in flood-prone areas, and swifter future analyses of possible contamination in floodwaters that pours into homes and businesses.   


Below are interviews with Assemblywoman Grace Spencer and Senator Bob Smith,
the two committee chairpersons who conducted the joint hearing. They promise to hold
an additional oversig
ht meeting in Trenton in late September.



NOTE: In a separate blog post later today, we’ll provide video interviews
with several persons who testified on Sandy’s environmental lessons
Related environmental news stories:
Still displaced by Sandy, some ask pols for help

Hurricane Sandy victims: Recovery slowed by red tape and poor information

Please feel free to comment on this post and to send it to your friends.

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NJ lawmakers hear today about Sandy recovery

The environmental committees of the New Jersey Senate and Assembly are conducting a joint hearing this morning, starting at 11, at the Atlantic City Convention Center.

They will hear testimony from various interest groups on the status of the state’s recovery efforts following Superstorm Sandy.

We’ll be covering the event and will have follow-up reports here and on our Facebook page.

Check out the video below for just one of the many problems facing New Jersey shore residents in the storm’s wake.

NJ lawmakers hear today about Sandy recovery Read More »

Like to bike? Want to ride like the (Jersey) devil?

The Pinelands Preservation Alliance invites you to join them in celebrating Pinelands Month in October by pumping up your tires and pedaling along with other bicycle enthusiasts and Pinelands enthusiasts in the 2013 Tour de Pines.

What is the Tour de Pines?

It’s five, consecutive, single-day bicycle tours of the New Jersey Pinelands. 


The 2013 Tour de Pines will begin on Wednesday, October 9th at PPA’s Bishop Farmstead in Southampton Township, traverse the length and breadth of the Pinelands National Reserve, and culminate at Batsto Village on Sunday, October 13th.

Each day’s tour will range from 40-55 miles per day, with average speeds of 11-13 mph, and begin and end at the same location.

The Tour de Pines is a voluntary, non-competitive, unsupported ride. Participants are required to provide their own transportation, food and lodging.

Participants may elect to ride one, two or all days of the Tour. All rides start at 9:00 a.m. 2013 cue sheets with directions/mileage for each ride will be mailed after you register. Registration Information

Day 1 – Wednesday, October 9th  

For more great events–seminars, workshops, webinars, networking and social–sign up for free email updates at Enviro-Events Calendar–a great resource for individuals, businesses and organizations.
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