Tag: sue

Neighbors Take Dow Chemical to Court

  • A Dow Chemical sign next to a river in Michigan contaminated with dioxin. Homeowners downstream are still waiting for their case against Dow to be heard. (Photo by Vincent Duffy)

The world’s largest chemical company is fighting a lawsuit filed because of dioxin pollution. Rick Pluta reports neighbors downstream from Dow Chemical’s headquarters in Michigan want something to budge in the case:

Transcript

The world’s largest chemical company is fighting a lawsuit filed because of dioxin pollution. Rick Pluta reports neighbors downstream from Dow Chemical’s headquarters in Michigan want something to budge in the case:

A Dow chemical plant near the company’s headquarters in Michigan produced all kinds of products over decades, including Agent Orange. Dioxin polluted the Tittabawassee River and its flood plain. A group of 173 people have sued, after learning their property is contaminated. Many of these people have been involved in this litigation for six years. The courts still have not gotten around to their case. Attorney Theresa Golden took their case to the Michigan Supreme Court.

“The clients obviously are concerned and disappointed that it’s taken us long to get to this point.”

The group wants class action status, so every single homeowner does not have to take on the corporate giant. There are a couple thousand property downstream of this plant. And Dow does not like the idea of potentially having to pay every one of them.

For The Environment Report, I’m Rick Pluta.

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Big Three Pump Up Ethanol

Leaders from Detroit’s Big Three automakers say they’ll
double the number of vehicles that run on renewable fuels by 2010.
The GLRC’s Dustin Dwyer has more:

Transcript

Leaders from Detroit’s Big Three automakers say they’ll double the number of vehicles
that run on renewable fuels by 2010. The GLRC’s Dustin Dwyer has more:


General Motors, Ford and the Chrysler group have lagged behind their foreign rivals in
producing fuel-saving hybrid technology. But they’ve been out front when it comes to
producing cars and trucks that can run on ethanol-based E85.


Now, the heads of the three companies say they’ll have 10 million E85 capable vehicles
on the road by the end of the decade. And they’re asking Congress to help gas stations
pay for installing more E85 pumps.


Sue Cischke is Ford’s Vice President of Environmental and Safety Engineering. She says
E85 cuts down on the use of fossil fuels:


“And there really is a net benefit from a CO2 standpoint from ethanol produced by corn.”


Some critics argue that if you include the energy needed to grow and refine the corn,
ethanol doesn’t provide much of an environmental benefit.


For the GLRC, I’m Dustin Dwyer.

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Bird Groups Sue Fcc Over Towers

Conservation groups want the FCC to be more careful about allowing the building of communications towers. The groups say the fate of millions of migratory birds may be at stake. The Great Lakes Radio Consortium’s Chuck Quirmbach reports:

Transcript

Conservation groups want the FCC to be more careful about allowing the
building of communications towers. The groups say the fate of millions
of migratory birds may be at stake. The Great Lakes Radio Consortium’s
Chuck Quirmbach reports:


A lawsuit recently re-filed in federal court charges the Federal
Communications Commission with failing to comply with several
environmental laws in its licensing of communications towers.


David Fischer of the American Bird Conservancy says the FCC rarely
considers the potential effect of towers on birds.


“On birds that have been known for many years now to fly in or around
or otherwise impact towers and either injure themselves or die.”


The lawsuit specifically involves towers along the Gulf Coast… which
is on the migration route of many birds that spend summers in the
Midwest. But the Bird Conservancy says the case may set an example for
tower projects all over the U.S.


The FCC says it doesn’t comment on pending litigation. The
conservation groups first brought their case three years ago.


For the GLRC, I’m Chuck Quirmbach.

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Watchdog Group: Forest Service Violating Laws

A government watchdog group says a slew of recent court rulings against the U.S. Forest Service show that the agency isn’t doing its job. The Great Lakes Radio Consortium’s Sarah Hulett reports:

Transcript

A government watchdog group says a slew of recent court rulings
against the
U.S. Forest Service show that the agency isn’t doing its job.
The Great Lakes Radio Consortium’s Sarah Hulett reports:


The group Public Employees for Environmental Responsibility – or
PEER – cites 44 cases over the last two years in which the Forest Service violated
environmental laws it’s supposed to enforce. PEER cites an internal Forest Service memo. It details instances in which the agency had to pay attorney fees to environmental groups that
successfully sued over issues like illegal logging and over-grazing on forest lands.


Jeff Ruch is the executive director of PEER. He says during the
Clinton
Administration, there were only a handful of adverse rulings each year.


“And they’re now losing these cases at a greater rate than two a month. So
roughly every 10 days, the Forest Service is found guilty of violating a law
they’re supposed to be implementing, in a federal court.”


But a spokeswoman for the Forest Service says a closer look at the
rulings
shows a different picture. She says almost half the cases cited by PEER were
based on decisions the Forest Service made prior to President Bush taking
office.


For the Great Lakes Radio Consortium, I’m Sarah Hulett.

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New Agreement With Large Animal Farms

  • The EPA has a new agreement with animal farmers who participate in a study of air quality and its relation to animal waste, which is often kept in lagoons like the one above. However, environmentalists worry about the agreement and what it may entail. (Photo courtesy of the Natural Resources Conservation Service)

Environmentalists don’t like a new agreement between the U.S. Environmental Protection Agency and the livestock industry. It will give some livestock farms limited immunity from environmental laws while the EPA measures pollution on their farms. The Great Lakes Radio Consortium’s Tamara Keith reports:

Transcript

Environmentalists don’t like a new agreement between the U.S. Environmental
Protection Agency and the livestock industry. It will give some livestock
farms limited immunity from environmental laws while the EPA measures
pollution on their farms. The Great Lakes Radio Consortium’s Tamara Keith reports:


Animals at so called “factory farms” produce a lot of manure. As it
decomposes it lets off a cocktail of gasses, which can contribute to smog,
and health problems, such as asthma. But, federal regulators say they don’t
have an accurate way of estimating emissions from these farms.


Under a new EPA agreement, some livestock operations will work with federal
regulators to monitor emissions. The farms allow air quality monitoring, and
in exchange, the EPA will agree not to sue them for environmental violations
during the 2 year program. That’s where the problem arises, says Andrew
Hanson, with Midwest Environmental Advocates.


“The way government is supposed to work is that it’s supposed to
protect you from air pollution, not enter into deals that allow facilities
to continue to pollute without threat of enforcement.”


The Environmental Protection Agency will accept public comment on the
agreement, until March 2nd.


For the Great Lakes Radio Consortium, I’m Tamara Keith.

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Usda to Boost Use of Ozone-Depleting Chemical?

  • To prevent invasive insects from getting into the country, officials want to increase the application of methyl bromide to wooden pallets. (photo by Kevin Connors)

The USDA wants to increase the use of methyl bromide to keep invasive insects from getting into the country. But some environmentalists are fighting the plan, saying the chemical will do more harm than good. The Great Lakes Radio Consortium’s Chuck Quirmbach explains:

Transcript

The USDA wants to increase the use of methyl bromide to
keep invasive insects from getting into the country. But
some environmentalists are fighting the plan, saying the
chemical will do more harm than good. The Great Lakes
Radio Consortium’s Chuck Quirmbach has more:


The U.S. Agriculture Department wants to nearly double the
use of methyl bromide. The compound is used as a pesticide
to fight invasive insects that come into the U.S. on wooden
pallets. But scientists say methyl bromide is harmful to the
stratospheric ozone layer. The Natural Resources Defense Council
plans to sue the government over its plan. David Doniger is with
the NRDC. He says more use of methyl bromide might reverse advances
made in protecting the upper atmosphere.


“The ozone layer has been badly hurt. It’ll take a long time – 50 years –
to fully heal it… and only if we get rid of all the ozone depleting chemicals.”


Doniger contends the Indiana company that’s a key producer of methyl bromide
has many other products and wouldn’t see any job losses if the government
plan is halted. The USDA argues there are no feasible alternatives to methyl
bromide, so the government says the chemical deserves an exemption from a
1987 international treaty that targets ozone depleting compounds.


For the Great Lakes Radio Consortium, I’m Chuck Quirmbach.

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COMPANY DROPS ‘SLAP-SUIT’ AGAINST ENVIROS

In recent years, environmentalists and consumer advocates have
been the target of what they’ve termed "slap suits." When the
activists
have blasted companies for alleged pollution or consumer rip-offs, the
companies have returned fire, by filing counter suits. In Ohio,
there’s
a
new development in one of the nation’s longest running environmental
battles — the owner of a hazardous waste incinerator has just
suspended a
so-called slap suit. The Great Lakes Radio Consortium’s Bill Cohen has
more:

Commentary – A New York State of Mind

Earlier this month (November), the U-S justice department filed the
latest in a string of lawsuits aimed at reducing pollution from coal
fired generating stations. As Great Lakes Radio Consortium
commentator Suzanne Elston points out, instead off wasting all their
time suing each other, the jurisdictions involved should follow the
example set by New York State:

Commentary – NAFTA Used to Sue Province

Late last month (October) Sun Belt Water of California filed a $10.5
billion suit against the Canadian government under the North American
Free Trade Agreement. The company claims that it has been mistreated
because the province of British Columbia banned the bulk exports of
water. As Great Lakes Radio Consortium commentator Suzanne Elston points
out, the outcome of the suit will probably cost us all a lot more than
money:

Other States to Join New York Lawsuit

Air pollution has always ignored state boundaries. And now, New York’s
top lawyer is crossing state lines, as well. For the first time, an
attorney general in one state is threatening to sue power plants in
another. As the Great Lakes Radio Consortium’s Karen Kelly reports, now
other states are considering joining the lawsuit: