New Study: Invasive Vines Could Kill Nearly 5,000 Trees in Takoma Park, MD Within 5-7 Years

FOR IMMEDIATE RELEASE: March 31, 2021
Contact: 
Mike Tidwell, CCAN director, 240-460-5838, mtidwell@chesapeakeclimate.org
Laura Cofsky, CCAN, 571-275-6696, laura@chesapeakeclimate.org

Groundbreaking study has possible national implications while calling for immediate, commonsense rescue actions from the local City government and volunteers.

TAKOMA PARK, MD – In what may be the first tree survey of its kind in the nation, an invasive plant specialist in February walked all 36 miles of the streets and adjacent areas of Takoma Park, MD looking for non-native vines. What he found was startling. He directly identified nearly 5,000 trees in the city being overwhelmed by invasive vines like English Ivy. 

The startling results in a small city known to highly value its tree canopy could signal that the scale of invasive vine destruction nationwide is far beyond previous assumptions. The study also identifies relatively low-resource, commonsense solutions to the problem. Most of the trees in the survey can be saved in 5-10 minutes by volunteers using common garden clippers and pruning saws.

The survey, conducted in February 2021 and commissioned by the Chesapeake Climate Action Network (CCAN), found that a total 4,850 trees were so invested with climbing vines that they could die within 5-7 years. The large majority of affected trees were more than 20 years old and some were beyond a century in age. Trees play a huge role in sequestering carbon dioxide, cooling urban neighborhoods, and beautifying property. 

“We knew non-native invasive vines were a big problem for Takoma Park trees, but we were still shocked by the findings in this study,” said Mike Tidwell, director of the Chesapeake Climate Action Network. “Put together, 5,000 trees in an urban setting can cover acres of land and, if lost, represent a huge amount of money, comfort, and climate benefits.” 

The report was conducted by native plant specialist Jesse Buff of Takoma Park. It points out that planting 5,000 new trees and protecting them to the age of several decades – and some for over a century – would be a fantastically expensive undertaking for the city. Yet saving the same number of trees currently dying in plain sight from invasive vines would cost little beyond educating citizens and supporting local volunteer efforts already underway to eradicate invasive vines. 

Last summer, volunteers organized by CCAN in Takoma Park eradicated deadly vines on over 700 trees in the city. Now the group is launching a weekly Saturday morning program where volunteers sign up to “adopt” between 10 and 100 trees in the city for rescue. 

The CCAN survey cataloged the exact location of troubled trees on residential, commercial, and park property. Volunteers will be given addresses and asked to set out to meet with homeowners and business owners to encourage them to eradicate the vines themselves using quick, simple methods. Or property owners can elect to have volunteers do it for them. By autumn, the goal is to have rescued all 4,850 trees in the city.

CCAN hopes the Takoma Park survey and volunteer system will become a model for other city, county and state programs nationwide to save affected trees. And again, you can read the full report here. Volunteers can get involved by signing up here and visiting this website. 

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The Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For nearly 20 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.

Virginia Natural Gas Files to Withdraw Their Application for the Interconnect Project

For Immediate Release: March 23, 2021
Contact: Laura Cofsky, laura@chesapeakeclimate.org, 202-642-9336

VNG concludes the Interconnect Project is “no longer needed”


Richmond, VA — This weekend, Virginia Natural Gas (VNG) filed a motion to withdraw its proposal to build the Interconnect Project, which would have built high pressure fracked gas pipelines in Prince William and Fauquier counties as well as a new compressor station in Prince William county.

VNG had planned to build the Interconnect in Northern Virginia primarily based off of plans from a previously cancelled project called the Header Improvement Project (HIP). HIP was meant to service the controversial C4GT gas plant in Charles City County, which came under heavy criticism from activists for its reckless permit avoidance. Ultimately, VNG was unable to prove that C4GT had secured adequate financing, and HIP was cancelled.

In this weekend’s motion to withdraw, VNG cited that the buyer’s need had changed, rendering the Interconnect Project “no longer needed as proposed.” This is the second Virginia pipeline this month to face an uphill battle to viability, in the face of extensive grassroots opposition and shifting financial incentives. To complete the withdrawal process, the State Corporation Commission will need to formally accept VNG’s motion to withdraw.

“This is exciting news for Prince William residents and Virginians across the state fighting fossil fuel developments,” said Chesapeake Climate Action Network Northern Virginia Organizer Zander Pellegrino. “This decision proves what we already know to be true: that organizing works and that new fossil fuel projects do not make sense. In order to keep our communities safe and ecosystems healthy, we need to end fossil fuel development and fund a just transition in Virginia.”

“The Interconnect Project was Virginia Natural Gas’ attempt to shoehorn part of the already failed Header Improvement Project into a new dirty fracked gas proposal,” said Food & Water Watch Virginia Organizer Jolene Mafnas. “We have been fighting this dangerous and unnecessary proposal for months. If approved, Interconnect would have emitted toxic pollutants and cut through Prince William’s Rural Crescent — we are hopeful this will be the end of this terrible plan. As we celebrate this victory, we double down on our work to ensure that state agencies investigate other dirty fossil fuel projects like C4GT’s problematic permit avoidance.”

“We’re so happy to see them withdraw,” said Faith Alliance for Climate Solutions Prince William County Hub Community Organizer Sashia Scott. “As a faith based-organization, this project would have violated the moral responsibility we encourage: good stewardship over the earth and those that inhabit it.”

“We are celebrating yet another failed fracked gas project that was doomed before even starting,” said Mothers Out Front Northern Virginia Community Organizer Tiziana Bottino. “The families that would have been affected are breathing a huge sigh of relief knowing this unnecessary project will not threaten them any longer, but we are left to wonder how many more failed fossil fuel proposals it will take before those companies realize a just clean energy transition is not only economically feasible, but necessary.” 

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The Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For nearly 20 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.

State-Based Energy Groups: Congress Must Pass Biden’s 100% Clean Electricity Standard Now

Nonprofits active in every region of the country say renewable power mandate is key to solving climate change, creating new jobs, and addressing equity

FOR IMMEDIATE RELEASE: Thursday, March 22, 2021

Contact: Laura Cofsky, laura@chesapeakeclimate.org, 202-642-9336

Mike Tidwell, mtidwell@chesapeakeclimate.org, 240-460-583

WASHINGTON, DC — Six of the nation’s best-known groups fighting climate change at the state and regional levels today asked Congress to quickly pass President Biden’s proposal for 100% clean electricity nationwide by 2035. Such a measure, the groups say, would dramatically build on proven local successes in using clean-energy mandates to create jobs, clean the air, and fight climate change.

As a candidate, Joe Biden pledged to quickly enact legislation mandating that all the nation’s electricity be carbon-pollution free by the year 2035. That legislative vote will likely come before Congress soon – sometime this spring. 

In a letter to House and Senate leaders today, the regional leaders said such a policy was “vital” in the fight against global warming while rebuilding the US economy with environmental justice. Read the letter here.

The six signatory groups are active in 27 states whose populations, collectively, exceed 155 million people. 

Said Mike Tidwell, director of the Chesapeake Climate Action Network, one of the signatory groups: 

“Congress, right now, must build on state-based successes in advancing wind and solar and other clean electricity sources. Joe Biden’s 100%-by-2035 plan will have a global impact while capitalizing on these state-based track records. We’ve already created 2.5 million jobs using similar policies in regions from New England to the Pacific Northwest and from the Chesapeake Bay to the Rocky Mountains. It’s now time for Congress to make 100% clean electricity our national policy.” 

Groups signing today’s letter to Congress are: 

  • Chesapeake Climate Action Network – Maryland, Virginia, West Virginia, D.C.
  • Climate Solutions – Oregon, Washington
  • Southern Alliance for Clean Energy – Florida, Georgia, Alabama, South Carolina, North Carolina, Tennessee, Mississippi
  •  Acadia Center – Maine, Massachusetts, New Hampshire, Rhode Island, Connecticut, New York
  • Western Resources Advocates – Arizona, Colorado, Montana, Nevada, New Mexico, Utah, Wyoming
  • Fresh Energy – Minnesota

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The Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For nearly 20 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.

Climate and Policy Experts Agree: America Can Achieve Biden’s Goal of 100% Clean Electricity by 2035

During one of the earliest sneak peeks into Biden’s plan, experts laid out the political hurdles and roadmap to pass one of the most ambitious climate plans in America’s history

FOR IMMEDIATE RELEASE: Wednesday, February 24, 2021

WASHINGTON, DC — Against the backdrop of a brand-new administration and Congress, renowned climate and policy experts today argued that President Joe Biden’s goal of 100% clean electricity by 2035 is not only crucial, but doable and economically sound.

Here’s a link to the webinar recording (Passcode: vTS%65^2).

The five experts who came together to speak at a February 24th webinar entitled “Path to 100%” included Dr. Leah Stokes of Evergreen Action and UC Santa Barbara, Economist Dr. Stephanie Kelton of Stony Brook University and author of “The Deficit Myth”, renowned climate scientist Dr. Michael Mann of Penn State University, Federal Policy Associate Quentin Scott of Chesapeake Climate Action Network and CCAN Action Fund, and Johnathan Williams of Sunrise Movement.

The panel confirmed that, even after four years of Donald Trump, it is not too late to stop climate change. They also agreed that budget deficits should not impede the nation’s ability to take drastic action, right now. And even with a divided Congress, the experts argued that there are still many ways to pass all kinds of ambitious environmental legislation.

President Biden campaigned on a platform of 100% clean electricity by 2035. That goal is at the core of his $1.9 trillion promise to fight climate change with new jobs and environmental justice. Now, leading climate policy experts and advocates are calling on Congress to fulfill that promise by including a federal Clean Electricity Standard in the “Build Back Better” infrastructure package. The package is expected to be introduced in late spring or early summer, and would likely need to pass through reconciliation.

The United Nations has emphasized that countries only have a decade to stop the most catastrophic impacts of climate change. Even now, the U.S. is increasingly getting ravaged by major storms that are destroying entire cities and causing rolling state-wide blackouts. Meanwhile, across the globe, pollution accounts for one in five deaths.

The webinar was sponsored by Chesapeake Climate Action Network, CCAN Action Fund, and Evergreen Action. You can watch a recording of the webinar here (passcode: vTS%65^2).

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The Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For nearly 20 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.

Contact: Laura Cofsky, laura@chesapeakeclimate.org, 202-642-9336

Annapolis Sues Big Oil for Climate Fraud and Damages

City Becomes the First State Capital and 25th U.S. Community to Take Big Oil Companies to Court for Lying About Their Role in Climate Change

FOR IMMEDIATE RELEASE: February 23, 2021

ANNAPOLIS, MD – The City of Annapolis last night filed a lawsuit seeking to hold major oil and gas companies accountable for lying to the public about their products’ role in climate change and to recover costs associated with sea-level rise, flooding, and other local climate damages that the companies knew their products would cause. 

Annapolis joins 24 other states and localities, including the City of Baltimore, that have turned to the courts to hold companies like Exxon, Chevron, Shell, and BP accountable for ongoing efforts to lie to the public about their role in causing climate change. It is also the fourth community — after Minnesota, Delaware, and Hoboken, New Jersey — to name the American Petroleum Institute as a defendant. 

Mike Tidwell, executive director of the Chesapeake Climate Action Network, released the following statement: 

“Big Oil knew their products would cause catastrophic climate damages decades ago. Instead of doing the right thing, they continued to lie about it while communities like Annapolis are paying the price. The city’s leaders should be applauded for working to ensure that their residents aren’t stuck with the bill to protect themselves from a problem that Big Oil knowingly caused. 

Richard Wiles, executive director of the Center for Climate Integrity, released the following statement: 

“With this lawsuit, Annapolis joins a growing number of communities across the United States that are turning to the courts to demand that Big Oil companies be held accountable for lying about their leading role in causing climate change. Just like Big Tobacco — another industry that lied to the public to protect their profits — Big Oil should pay for the damage they knew their products would cause.” 

Contact: 

Background on Climate Liability Cases:

Since 2017, 25 communities, including the states of Connecticut, Delaware, Massachusetts, Minnesota, and Rhode Island; the District of Columbia, and more than a dozen city and county governments in California, Colorado, Hawaii, Maryland, New Jersey, New York, South Carolina, and Washington have brought lawsuits under different claims to hold the oil and gas industry accountable for deceiving the public about climate change. Learn about those cases here.

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The Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For nearly 20 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.

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The Center for Climate Integrity, a project of the Institute for Governance & Sustainable Development, launched in 2017 to educate the public and policymakers about the massive costs of coping with the damage attributable to global warming and to support efforts to make climate polluters pay their fair share.

For more information on what ExxonMobil and others in the industry knew about climate change and when, check out the Center for Climate Integrity’s “Smoking Guns” document archive or visit PayUpClimatePolluters.org.

New Patrick Gonzales Poll: Montgomery County Voters Are Highly Concerned About Climate Change and Want Major Action Soon, Especially on Solar Power

More than 75 Percent of Voters Say They Want a Concrete Plan, Within Six Months, that Will Lead to “Major” Pollution Cuts. Nearly 69 Percent Support Solar Power on Farmland With a Cap.

ROCKVILLE, MD – A bi-partisan majority of Montgomery County voters in Maryland say they are personally concerned about the rising impacts of climate change, with a whopping 94 percent of Democrats expressing concern. In a new poll released today,  voters also say they are eager to see the County Council keep a 2017 promise by adopting — within six months — a plan that will lead to “major pollution cuts.” As a first step, nearly 69 percent of voters countywide support a bill now before the Council to allow a limited number of solar farms on agricultural land in the northern part of the county. 

The poll, conducted by noted Maryland pollster Patrick Gonzales, comes just one day after Montgomery County Executive Marc Elrich released a long-awaited Draft Climate Action Plan for the county. It includes a host of recommendations but no concrete legislative plan to achieve pollution reductions. 

“This poll clearly shows enormous voter support for climate action in Montgomery County — but also growing impatience with the pace of action, “ said Mike Tidwell, director of the Chesapeake Climate Action Network. “The County Executive and Council must do more, and soon, to keep pace with voter expectations as extreme weather pummels our region.”

The Gonzales poll, commissioned by CCAN, shows that a strong 70 percent of Montgomery voters support the County Council’s 2017 declaration of a “climate emergency.” That declaration called for an 80% reduction in climate pollution by 2027, but the Council has adopted no major bills to make this happen in three years. Now 75.1 percent of voters want major action within six months.

More immediately, voters overwhelmingly support a bill, passed by a committee of the County Council last summer, to place a limited number of solar farms in the County’s Agricultural Reserve with certain conditions. But full passage of the bill has not yet occurred. Interestingly, the greatest voter support for the bill comes from the County’s District 1 which contains most of the Ag Reserve.

The poll was conducted by Gonzales Research & Media Services from December 2nd through December 6th, 2020. A total of 325 registered voters in Montgomery County, who indicated that they vote regularly in county elections, were queried by live telephone interviewers, utilizing both landlines and cell phones. The margin of error, per accepted statistical standards, is a range of plus or minus 5.5 percentage points.

“This is a noteworthy poll for Montgomery County with strong results on policy questions,” said Patrick Gonzales. “We asked clear and direct questions that help fill in some of the voter opinion gaps that always exist on key issues, especially at the more local level.”

For the past 35 years, Patrick Gonzales has been widely recognized in Maryland for his ability to conduct unbiased surveys, and analyze the results in an impartial, even-handed manner.

A recap of key findings from the report include:

  • Eighty three percent of voters in Montgomery County are concerned about climate change
  • By party, 94% of Democrats; 69% of independents; and 51% of Republicans are worried about global warming
  • Closer to home, 70% of residents support the resolution the Montgomery County Council unanimously passed in 2017 declaring a climate change emergency
  • Further, a supermajority 75% of Montgomery County voters support the County Council adopting a climate solution plan within the next 6 months
  • Nearly 69 percent supported a limited number of solar farms in the County’s Agricultural Reserve as long as most of the solar energy powers the homes of low and moderate income residents of the county

Further breakdowns by age, gender, race, district, and political party can all be found within the report. You can download it here.

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The Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 17 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.

Contact:
Mike Tidwell, Chesapeake Climate Action Network, mtidwell@chesapeakeclimate.org, 240-460-5838
Laura Cofsky, CCAN, laura@chesapeakeclimate.org, 202-642-9336

Key Permit for Eastern Shore Pipeline APPROVED

CONTACT: 

Laura Cofsky, laura@chesapeakeclimate.org, 202-642-9336
Anthony Field, anthony@chesapeakeclimate.org, 301-664-4068

Advocacy Groups Criticize Maryland Board of Public Works Decision in Wake of Climate Change and Justice Concerns

ANNAPOLIS, MD – Leading environmental and justice groups expressed shock today after members of the Board of Public Works voted 3 to 0 to approve a key permit for the Del-Mar Pipeline to carry fracked gas into the Eastern Shore region of Maryland. The Del-Mar Pipeline is one of the two controversial, dirty-energy pipelines proposed for the region in an era of rapid climate change and environmental justice sensitivity. 

Although Wednesday’s vote does not guarantee the pipeline will be built, it does signal that opponents of the project — including the NAACP and Chesapeake Climate Action Network — are running out of options for fighting it. The Del-Mar pipeline is already under construction in Delaware to carry gas from that state into Maryland. The seven miles of pipeline proposed for Maryland would supply concentrated animal feeding operations, businesses, and residential areas. 

“By approving the Del-Mar pipeline, the Board has elected to ignore numerous climate change and environmental justice concerns,” CCAN’s Maryland campaign coordinator Anthony Field said. “Building this pipeline will set back the state’s climate goals while further burdening vulnerable communities on the Eastern Shore.”

For months, the Hogan Administration has put its thumb on the scale in favor of this project. While studies have shown that there are cheaper and viable alternatives to gas, including electrification and geothermal energy, the State of Maryland didn’t consider any of these options. Instead, it only requested applications for a gas pipeline to supply fracked gas to two state-run facilities.

“The proposed pipeline will produce large quantities of deadly methane that will accelerate global heating,” said John Groutt of the Wicomico Environmental Trust. “The Delmarva Peninsula is the third most threatened area of the country for flooding. Intruding salt water is already destroying productive agricultural land and forests, and this will increase with this project. The same energy could be supplied easily and more cheaply by solar and wind without the harmful side effects.” 

The two proposed pipelines are part of the Hogan Administration’s plans to spend $103 million significantly increasing fracked-gas pipelines and infrastructure in the state. This includes $30.3 million administered by the Maryland Energy Administration’s (MEA) new Maryland Gas Expansion Fund “for the expansion of natural gas infrastructure.” The remaining $70 million is recoverable from MD ratepayers. Read more about it here.

“This is not a smart decision,” Sierra Club Maryland Chapter Director Josh Tulkin said. “Greenlighting another fracked gas pipeline is like throwing more gasoline on the climate crisis. This project undermines the state’s climate goals and contradicts the recommendations of the Maryland Climate Commission, which is led by the Governor’s own Secretary of the Environment.”

As a next step, CCAN will continue to fight the pipeline, including the Chesapeake Utilities portion which is expected to come before the Board in the next couple of months. 

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The Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. For 17 years, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, D.C.

New Regulation Puts Maryland at Forefront of Limiting Emissions from Gas Infrastructure

CCAN Looks to Maryland to Strengthen Rules Further to Fully Address Pollution and Community Concerns

TAKOMA PARK, MD — On Monday, November 16th, regulations will go into effect aimed at limiting methane emissions from certain natural gas facilities in Maryland, including compressor stations and large gas storage facilities. The rule puts Maryland in the vanguard of states working to limit methane emissions from gas infrastructure.

Anne Havemann, General Counsel, CCAN released the following statement in response:

We thank MDE for finalizing this strong regulation. Maryland’s new rule implements standards that should serve as an example to other states looking to limit methane emissions from the gas industry. The rule makes Maryland the first to require gas industry operators to directly notify communities of large blowdown events in their area. These blowdown events are loud, disruptive, and result in the release of vented, uncontrolled emissions. Maryland is now the second state in the nation to promulgate a regulation that requires the gas industry to report planned and unplanned blowdowns from compressor stations. 

Maryland’s new rule likewise implements strong leak detection and repair requirements that other states will look to in setting their own standards. 

Despite its strengths, the rule falls short in some respects and CCAN looks forward to working with MDE to improve upon this important first step in a subsequent rulemaking. 

The volume of gas that triggers the blowdown notification requirements, for example, is too high and will result in high-emitting blowdowns that do not trigger notification requirements. Communities are particularly unnerved by and concerned about these blowdown events. 

Moreover, we believe MDE missed an opportunity to embed environmental justice considerations into its rule. Given that gas infrastructure is increasing in Maryland, CCAN also urges MDE to ensure that environmental justice concerns are addressed in the siting of any new facilities.

State regulations like this are especially important given the EPA’s recent rollback of the methane standards that apply to oil and natural gas industry facilities. We are grateful to the staff of MDE for their hard work on this important rule.

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Contact: Anne Havemann, General Counsel & Foundation Grants Manager, Chesapeake Climate Action Network, (240) 630-2146, anne@chesapeakeclimate.org

Conservation groups applaud court’s suspension of Mountain Valley Pipeline construction

The 4th Circuit Court of Appeals today sided with conservation groups and issued an immediate stay of Mountain Valley Pipeline’s stream and wetland crossing permits in southern West Virginia and Virginia. The groups, noting the company’s stated rush to resume construction and the serious environmental harms likely to result, had asked the court for the stay while it considered the merits of their challenge of the water-crossing permits issued by the Corps of Engineers.

The eight groups, represented by Appalachian Mountain Advocates, filed a challenge of the Corps’ reissuance on September 25 of two “Nationwide Permit 12” approvals that would allow MVP, LLC to trench through some 1,000 streams, rivers, wetlands and other water bodies in the two states. The 4th Circuit had rejected the Corps’ first round of permit approvals in 2018.

As noted in the groups’ filings, Mountain Valley Pipeline’s operator recently told its investors that it intends to blast and trench through “critical” streams “as quickly as possible before anything is challenged.”

The court had issued an emergency stay October 16; today’s stay remains in effect until it rules on the groups’ petition to overturn the Corps’ water permits for the MVP project.

The groups filing the challenge include Appalachian Voices, Center for Biological Diversity, Chesapeake Climate Action Network, Indian Creek Watershed Association, Sierra Club, West Virginia Highlands Conservancy, West Virginia Rivers Coalition, and Wild Virginia.

Peter Anderson, Virginia Program Manager, Appalachian Voices:
“Communities along the pipeline route have been on edge these past several weeks as the company has moved in heavy equipment and started doing work, so we’re very glad the court pressed pause on this permit while the water-crossing issues are reviewed further.”

David Sligh, Conservation Director, Wild Virginia
“Once again, the court has shown that it sees the dire threat this dangerous and damaging project poses to our precious waters and vulnerable communities. Convincing a court to stay an agency decision requires plaintiffs to convince the judges that they have a good chance to prove their case after full review. Now, we look forward to doing just that — to show conclusively that the Corps of Engineers abdicated its duty to protect us and our resources.”

Anne Havemann, General Counsel, Chesapeake Climate Action Network:
“The companies behind the Mountain Valley Pipeline have proven countless times that they are unfit to build this pipeline safely, with hundreds of violations and thousands of dollars in fines already. They’ve done nothing to prove that future construction won’t result in the same. We applaud the court for standing on the right side of history and issuing this stay.”

Joan Walker, Senior Campaign Representative for the Sierra Club’s Beyond Dirty Fuels Campaign:
“The MVP has already doubled its timeline and budget, and it’s not even close to being finished. If they were smart, they would quit throwing good money after bad and walk away from this fracked gas disaster like Duke Energy and Dominion Energy did with the Atlantic Coast Pipeline.”

Jared Margolis, senior attorney at the Center for Biological Diversity:
“This decision will help ensure the pipeline doesn’t keep posing catastrophic threats to waterways that people and imperiled species depend on to survive. Despite the project’s clear failure to comply with the law, Mountain Valley keeps pushing this climate-killing menace. We’ll continue working to ensure this destructive pipeline doesn’t poison waters and threaten communities along its route.”

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CONTACT: Cat McCue, 434-293-6373, cat@appvoices.org
Denise Robbins, 240-630-1889, denise@chesapeakeclimate.org

Environmental Groups File Federal Lawsuit Over Air Pollution from Industrial Flares

Allies Sue EPA Over Failure to Update Inadequate, Decades-Old Standards for Controlling Toxic Emissions

FOR IMMEDIATE RELEASE: Thursday, October 29, 2020

Washington, D.C. – A coalition of ten environmental organizations today sued the Trump Administration’s EPA over its failure reduce toxic air pollution from industrial flares at petrochemical plants, gas processing facilities, municipal solid waste landfills, and other large industrial sites.

Across the country, thousands of industrial flares burn excess waste gases and release smog-forming volatile organic compounds (VOCs), hazardous pollutants (such as carcinogenic benzene), and other pollutants that threaten the health of people living downwind, which often include communities of color and lower-income neighborhoods.

EPA has not updated two sets of air pollution control standards for industrial flares in decades—34 years and 26 years, respectively—even though the federal Clean Air Act requires the agency to review them at least once every eight years to make sure they adequately protect the public and incorporate improvements in technology.

“It’s been far too long since EPA updated these industrial flare standards, and EPA is well aware of the problem,” said Adam Kron, Senior Attorney for the Environmental Integrity Project (EIP).  “Time and time again over the past decade, EPA has admitted that flares operating under these outdated standards can release many times more toxic air pollutants into local communities than estimated.  This can cause serious harm to public health.”

Joseph Otis Minott, Esq., Executive Director and Chief Counsel of Clean Air Council, said: “There is no excuse for continuing to permit antiquated pollution-controlling technology in new industrial facilities. EPA has a responsibility to protect our air and our health, and it cannot do so while sleeping at the wheel.”

The organizations that filed the lawsuit –– following notices of intent to sue EPA sent on June 11 and August 17, 2020 – are EIP, Clean Air Council, Air Alliance Houston, Chesapeake Climate Action Network, Earthworks, Environment America, Environment Texas, Hoosier Environmental Council, PennEnvironment, and Texas Campaign for the Environment. 

Industrial facilities, like chemical manufacturers and natural gas processing plants, use flares as pollution control devices to burn and destroy dangerous organic compounds like benzene in waste gases. However, the flares are only effective as pollution control devices if they are operated correctly.  In a recent rulemaking, EPA estimated that one industry sector’s flares were operating at 90.4-percent efficiency rather than the expected 98 percent, resulting in the flares releasing almost five times the pollution.

For example, operators inject steam into flares to keep them from smoking, which releases soot or fine particle pollution. But they often add far more steam than is needed.  EPA and industry studies have shown that flares that are over-steamed do not burn well, releasing many times more toxic and smog-forming compounds that should have been destroyed during the combustion process.   Additionally, the current standards let operators average their measurements over long, three-hour periods rather than a shorter time, allowing for spikes that depart from proper operation. 

The industrial flares subject to the outdated standards that are the focus of today’s lawsuit include flares at petrochemical facilities, gasoline terminals, natural gas processing plants, compressor stations, solid waste landfills, and other large industrial sites.  These do not include flares at petroleum refineries, for which EPA updated standards in 2015, or flares at oil and gas wells, which have unique standards.

Using outdated standards, industrial flares can release large amounts of air pollution at the local level. For example. For example, in Texas’s Permian Basin, flares from a gas processing plant owned by Oxy USA LLC’s in Gaines County, reported emissions of 136 tons of volatile organic compounds (VOCs) in 2017, according to the Texas Commission on Environmental Quality. 

Quotes from Environmental Organizations:

Environment Texas: “In our Clean Air Act lawsuit against ExxonMobil, an expert on industrial flares testified at trial that illegal flaring emissions from the company’s Baytown petrochemical complex were probably three to four times higher than the amounts ExxonMobil reported — and that testimony went completely unrebutted,” said Luke Metzger, Executive Director of Environment Texas.  “These hidden impacts on surrounding communities are significant, as the reported violations alone already totaled 10 million pounds of harmful chemicals.”

PennEnvironment: “While many people may look back fondly and love the 80s, we’d all agree that technology and the things we know about air pollution have dramatically improved over the past three decades,” said PennEnvironment Executive Director David Masur. “Health based standards from the 80s are in no way acceptable for protecting public health, our communities and our environment today.”  

Chesapeake Climate Action Network: “For too long, fossil fuel companies have been allowed to emit dangerous levels of pollution at industrial facilities that are all too often located in minority communities,” said Anne Havemann, General Counsel at the Chesapeake Climate Action Network. “Virtually unchecked industrial flaring at these facilities harms the climate, health, and justice, and the EPA must fix its illegally outdated rules as soon as possible.”

Hoosier Environmental Council:  “With a ranking of 43rd in air quality, 41st in health outcomes, and 19th in COVID-19 deaths per capita, there is a great urgency in Indiana to strengthen air quality protections to reduce harm to an already vulnerable population,” said Jesse Kharbanda, Executive Director of the Hoosier Environmental Council. “We urge the EPA to revise the badly out-of-date flare standards; revisions would improve air quality in at least five of six regions of Indiana.”

Texas Campaign for the Environment:  “Industrial flares light up the skies with toxic pollution near the homes, schools and workplaces of many Texans,” said Robin Schneider, Executive Director of Texas Campaign for the Environment. “People rightly fear for the health of their families and neighbors, particularly overburdened communities of color,” said Robin Schneider, Executive Director of Texas Campaign for the Environment.

Earthworks: “The EPA has neglected to properly review the harmful effects of flaring on the health of nearby residents for decades,” said Aaron Mintzes, Senior Policy Counsel for Earthworks. “Optical gas images (OGI) documented in the field show improperly combusing flares and reveal the urgent need for the EPA review this litigation seeks.”

For a copy of the lawsuit, click here.

The Environmental Integrity Project is an 18-year-old nonprofit organization, based in Washington D.C. and Austin, Texas, that is dedicated to enforcing environmental laws and strengthening policy to protect public health.

Clean Air Council is a member-supported environmental organization dedicated to protecting and defending everyone’s right to a healthy environment.

Air Alliance Houston is a non-profit advocacy organization working to reduce the public health impacts of air pollution and advance environmental justice.

The Chesapeake Climate Action Network (CCAN) is the first grassroots, nonprofit organization dedicated exclusively to fighting global warming in Maryland, Virginia, and Washington, D.C.

Earthworks is a national nonprofit dedicated to protecting communities and the environment from the impacts of fossil fuels and striving for a just, equitable, and fair transition to clean energy.

Environment America is a national network of 29 state environmental groups that work for clean air, clean water, clean energy, wildlife and open spaces, and a livable climate.

Environment Texas is a non-profit advocate for clean air, clean water, and open space.

The Hoosier Environmental Council is Indiana’s largest environmental public policy organization, working to address environmental justice, protect land and water, and advance a sustainable economy.

PennEnvironment is a statewide, citizen-based nonprofit environmental advocacy group working for clean air, clean water, tackling climate change and preserving Pennsylvania’s incredible outdoor places.

Texas Campaign for the Environment (TCE) is a nonpartisan, nonprofit organization dedicated to informing and mobilizing Texans to protect the quality of their lives, their health, their communities, and the environment. 

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Media contact: Tom Pelton, Environmental Integrity Project, (443) 510-2574 or tpelton@environmentalintegrity.org

Justin Wasser, Earthworks, (202) 753-7016 or jwasser@earthworks.org