Environment | Le·gal In·sur·rec·tion - Part 26
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Environment Tag

I recently reported that EPA regulations that were poised to go into effect at the end of last week, broadening the scope of the agency's power under the "Waters of the United States" Act. A federal judge has blocked its implementation hours before it was due to take effect:
Yesterday, a federal district court in North Dakota granted a preliminary injunction blocking implementation of a new Environmental Protection Agency rule defining “waters of the United States” under the Clean Water Act. This rule is important because many of the CWA’s regulatory prohibitions, including the prohibition on developing wetlands without a federal permit, apply only in “waters of the United States” (WOTUS). The Supreme Court rebuked the EPA and the Army Corps of Engineers for applying an unduly expansive WOTUS definition (see SWANCC v. U.S. Army Corps and Rapanos v. United States), and this rule is an effort to reassert and clarify the scope of federal regulatory jurisdiction under the CWA.

While the EPA is dealing with the fallout from the Animas River spill that it created, China is responding to a chemical catastrophe of its own:
Fires shot plumes of black smoke into the sky Saturday at the site of a chemical warehouse in Tianjin, China, where explosions earlier this week killed at least 105 people. But officials denied news reports that an evacuation order had been issued for everyone within 1.8 miles (3 kilometers), with Tianjin government spokesman Gong Jiansheng calling the reports "false information." The Beijing News, citing Armed Police, had reported the evacuation order. CNN has reported that at least one disaster recovery shelter is located within the reported evacuation zone. However, photographs made it appear that vehicles in a parking lot had caught fire rather than new explosions having taken place at the warehouse, as the Xinhua news agency had reported.
The Chinese have ordered an evacuation radius of nearly 2 miles due to the presence of numerous toxic chemicals and irritating vapors. Drone footage of the port area where the detonation took place is now available, and the extent of the damage is breathtaking.

It's too bad that when Obama promised to lower the ocean levels he also failed say something about America's rivers. The news related to the release of acidic wastewater laden with heavy metals (e.g., arsenic, lead) continues to flow from Colorado, and it stinks. For example, it turns out the Environmental Protection Agency substantially underestimated the size of the spill in its initial reports. The U.S. Geological Survey assessed the actual amount to be closer to 3 million gallons, compared with the initial EPA estimate of 1 million. The flow of contamination is has hit Utah, and New Mexico is declaring a state of emergency:
As of Monday evening, officials said the plume of contamination was southeast of Montezuma Creek, Utah, and was headed for Lake Powell. Environmental Protection Agency officials say the pollutants in the plume include arsenic, lead, copper, aluminum and cadmium, but have not released any detailed information on the spill that started Wednesday morning and has since been contained.

Apparently, there is no economy-crushing law the state of California won't consider. The latest in legislative insanity comes from Senate President Pro Tempore Kevin de Leon, and is entitled Clean Energy and Pollution Reduction Act of 2015 (SB 350). Ultimately, should it pass, it will give one of the most aggressive state agencies in the nation the power to impose "fees" and ration gas.
De Leon’s SB 350 is ultimately a gasoline-rationing act. The bill gives the California Air Resources Board free rein to enact a mandatory 50 percent gasoline and diesel fuel restriction (8 billion gallons annually) by the year 2030. To meet the mandate, the state air resources board will be able to ration gas, place mobility restrictions on state residents, place surcharges on family mini-vans, trucks and SUVs, and even monitor individuals’ fuel consumption records. You have to wonder how these mandates and restrictions will affect not only the state’s economy but its people. ...Californians need to know and act to protect themselves from the devastating effects of this bill on their lives. The California Air Resources Board [CARB], an unelected group of bureaucrats, will be given full authority to meet the restriction mandate in any way its members see fit with no oversight permitted by our elected representatives.

A ruptured pipe sent 21,000 gallons of oil streaming along the coast of Santa Barbara, and workers are valiantly working to contain and control the strong-smelling release that is marring nine miles of prime California real estate.
State and federal officials on Wednesday investigated what caused a 2-foot-diameter underground pipeline to leak thousands of gallons of crude oil that polluted several miles of wildlife-rich beach and ocean along the scenic Santa Barbara coast. Houston-based Plains All American Pipeline said that in a "worst-case scenario," up to 105,000 gallons of oil spilled Tuesday from its ruptured onshore pipeline and that an estimated 21,000 gallons swept down a storm drain that empties into the Pacific. The company said a control room operator noticed "abnormalities" and shut down the pipeline around 11:30 a.m. PT (2:30 p.m. ET). Around the same time, Santa Barbara County firefighters responded to a report of a strong gasoline smell at Refugio State Beach and found oil pouring into the ocean.
At this point, the response crews appear to have the situation controlled. This is a real blessing, because there will no replay of the BP oil spill drama that impacted the Gulf Coast and allowed an opportunity for Obama to grandstand. A News Today video summarizes the situation:

When the history of the past decade gets written, it will be peppered liberally with the word "unprecedented." California Governor Jerry Brown recently unveiled the state’s first water restrictions in response to the “mega-drought." In a move that will surprise almost no one, our state legislature passed the "unprecedented" proposal:
California regulators approved sweeping, unprecedented restrictions Tuesday on how people, governments and businesses can use water amid the state’s ongoing drought in the hope of enticing residents to conserve more water. The State Water Resources Control Board approved rules forcing cities to limit watering on public property, encouraging homeowners to let their lawns die and imposing mandatory water-savings targets for hundreds of local agencies and cities that supply water to California customers. Gov. Jerry Brown sought to tighten the already strict regulations, arguing that voluntary conservation efforts have not yielded the water savings needed amid a four-year drought. Brown ordered water agencies to cut urban water use by 25 percent from levels in 2013, the year before the drought emergency was declared.

There was a concert for Earth Day on the National Mall this weekend. It's good to have events like this to remind us that we need to be responsible stewards of the environment. Christine Rousselle of Townhall:
National Mall Trashed After Global Citizen 2015 Earth Day Concert Oh, the delicious, delicious irony. Yesterday was Global Citizen 2015 Earth Day, which was celebrated with a concert and other festivities on the National Mall. While the concert itself was powered by solar energy, the attendees could have learned a lesson or two about taking care of planet Earth. For instance, check out these trash and recycling cans I spotted near the National Mall, close to the Washington Monument:

New dietary guidelines being considered by the Agricultural Department take into consideration "environmental cost." The USDA's recommendations eventually trickle down into school lunches and other federal programs. Every five years the USDA updates their dietary guidelines. Remember when we lost the iconic food pyramid to the "My Plate" thing? That was all the USDA's doing. And we all know how well it goes when government restrictions end up on school lunch plates... According to the AP:
That means that when the latest version of the government's dietary guidelines comes out, it may push even harder than it has in recent years for people to choose more fruits, vegetables, nuts, whole grains and other plant-based foods — at the expense of meat. The beef and agriculture industries are crying foul, saying an environmental agenda has no place in what has always been a practical blueprint for a healthy lifestyle. The advisory panel has been discussing the idea of sustainability in public meetings, indicating that its recommendations, expected early this year, may address the environment. A draft recommendation circulated last month said a sustainable diet helps ensure food access for both the current population and future generations. A dietary pattern higher in plant-based foods and lower in animal-based foods is "more health promoting and is associated with lesser environmental impact than is the current average U.S. diet," the draft said.

We've all heard stories about ridiculous government regulations passed in the name of "environmentalism," but in some states, "regulatory action" has passed out of the reasonable and into the ridiculous. In his latest episode of "Firewall," commentator Bill Whittle lays out the case against restrictive (and possibly unconstitutional) environmental regulations that are currently plaguing residents of Washington State:
After fifty years of trying to eradicate the incredibly destructive pocket gopher, a small but exploding population of these pests lives and breeds in the innumerable shell holes and ground fractures caused by the Ft. Lewis artillery range. A subset of these gophers -- of which we have no shortage – have been given endangered species protection by the US Fish and Wildlife Agency. Why give endangered status to a species that is in fact so out of control that it can only be called a pest? Well, because the males in this small sub-population apparently have larger-than-average reproductive organs. That’s not proven, by the way – merely asserted – but it was enough for the anti-growth, anti-human eco-weenie zealots in Thurston County to put draconian restrictions on what people can do own their own property in the name of protecting these fragile, delicate, large-membered gophers that were bred on an active artillery range. Since these are obviously conservative gophers the irony becomes almost unbearable. ...

No one saw this coming. We have followed the saga of the Dunes Sagebrush Lizard for over a year. The decision on whether to grant endagered species status to the lizard was not expected until tomorrow.  Granting protected status to the lizard would have threatened oil production and...

GreenFestival, a project of Green America and Global Exchange, purports to be an experience for young and old alike to celebrate "in sustainable style" the food and philosophy of the green movement. The festivals are taking place across the country; this past April in New York,...

"They just doing it to make all the green people happy," the New York Times reported fisherman Mr. Sanfilippo as saying. He's referring to Whole Foods's decision to only sell fish it considers sustainable: Starting Sunday, gray sole and skate, common catches in the region, will...

Via The Hill: The White House announced Friday that it is shelving a major planned Environmental Protection Agency regulation that would have tightened smog standards, dealing a huge blow to environmentalists that had pushed the Obama administration to resist industry pressure to abandon the regulation. In a...

We approach the end of the light bulb as we know it, unless the revolution succeeds.  Even so, it's doubtful the lost jobs will return, so the Mexican incandescent light bulb smuggling routes will open soon. Nonetheless,  I thought this would be a good time to publish...

Via The Telepgraph:Seven people in the UK have been affected by the virulent strain, including three Britons and four German nationals.Early investigations suggest the strain is a mutant form of two different E.coli bacteria. Hilde Kruse, a food safety expert at the WHO, told the...

Sure, the U.S. Fish and Wildlife Service may be about to shut down oil production in a key region of Texas to protect the Dunes Sagebrush Lizard.  But the Feds are ignoring the threat from this environmental danger, the Texas Roadrunner, caught here eating a,...