CASE DOCKET  Air   Water   Other

Earthjustice is working on many cases across the country and worldwide
to keep our air and
water clean.  Below is a list of our current cases.

 

Air Cases

AGRICULTURAL AIR POLLUTION  Earthjustice is challenging EPA’s new permitting
system that would allow farmers to underreport their air pollution emissions to
escape regulation. This case is part of a series of lawsuits aiming to end California
longstanding exemption of agri-business from any regulation under the Clean Air Act.

BRICK KILNS  We have filed a lawsuit against the EPA for setting inadequate emission
standards for brick and clay kilns. Each year, brick and clay kilns emit over 6,500 tons
of heavy metals and toxic gases into the atmosphere.

DUST AND SOOT POLLUTION  Earthjustice is challenging EPA’s approval of
inadequate dust control regulations in California’s Central Valley. Dust and other
particulate matter contribute to more than 1200 deaths every year in California.

ENVIRONMENTAL JUSTICE FOR MOSSVILLE, LA Our attorneys in our International
Program are seeking action before the Inter-American Commission on Human Rights to
gain justice for residents of a small African-American community poisoned by industrial
facilities.  The concentration of refineries and other polluting facilities in and around
Mossville are among the highest in the country.

IMPERIAL VALLEY AIR POLLUTION  Earthjustice is challenging EPA’s decision to
exempt California’s Imperial Valley from meeting clean air requirements. The
agency claims that Mexico is to blame for the region’s poor air quality, but
Earthjustice contends the area would have failed to meet the standards even
without pollution from Mexico’s.

INCREASING PUBLIC TRANSPORTATION  Earthjustice is suing the Bay Area’s
Metropolitan Transportation Commission for failing to meet Clean Air Act
obligations to increase ridership in the public transit system. The Bay Area has
seen a 30 percent increase in population over the past twenty years, but only a
modest increase in the number of people who use mass transit. Moving people
from their cars onto public transit is a critical method of reducing air pollution
throughout the nation.

KEEPING CLEAN AREAS CLEAN  Earthjustice is filing a petition to force the EPA to
obey a 13-year old court order that requires it to regulate nitrogen oxide, one of the
precursors to smog, in areas that currently meet clean air act requirements. EPA has
the duty to protect areas with good air quality from deteriorating, but it currently
has no plan to prevent that from happening.

MARINE DIESEL POLLUTION  We are challenging EPA’s approval of an air
pollution regulation that fails to curb pollution emissions from US and foreign ships
sailing in US waters and docking at US ports. Oil tankers, cruise ships, and cargo
vessels use extremely dirty diesel fuel, which emits vast amounts of air pollution
in port and coastal cities.

MOBILE SOURCE AIR TOXICS  We have notified EPA of our intent to file a lawsuit
over its failure to make promised improvements in its emission standards for the
cancer-causing pollution that comes from cars and trucks. Currently, they spew
over one million tons of toxic air pollution each year; with the application of currently
available technology these emissions could be drastically reduced.

NEW SOURCE REVIEW  We are challenging the Bush administration’s decision to
weaken key Clean Air Act safeguards and allow polluting facilities to increase harmful
emissions without installing up-to-date pollution controls.

NEW YORK CITY SMOG  Earthjustice is challenging EPA actions that weaken anti-
smog requirements for New York City, where air pollution poses a special risk to
more than half a million people with asthma.

OHIO AIR POLLUTION  We are challenging EPA’s failure to properly regulate Ohio’s air
pollution. Ohio is allowing old polluting facilities to operate without the proper permits,
and the EPA has not stepped in take over the state’s clean air program as required by
the law.

OIL INDUSTRY EXEMPTION  We are intervening in an oil industry challenge to
EPA’s decision to end its exemption from the Clean Air Act. In response to an earlier
Earthjustice lawsuit, the EPA struck down exemptions that would have exempted all
facilities west of California’s Highway 5 from following clean air regulations, even
though the region has three of the top four most polluted areas in the nation.

STEEL MILLS  Earthjustice has sued the EPA for setting inadequate air pollution limits
for steel mills. Even while the more advanced mills are taking steps to clean up their
toxic emissions, EPA’s standards will allow the laggards to continue pumping tons
upon tons of toxic metals into the air.

WASHINGTON DC SMOG  We are challenging the EPA’s decision to delay stronger
clean air requirements in Washington, DC, even though the nation’s capital suffers
from some of the worst smog levels in the country. In 2002 alone, DC suffered from
36 days of unhealthy air when children were warned to limit outdoor play.

WASTE INCINERATORS  We are challenging EPA’s failure to set emission standards
for a variety of incinerator categories, including sewage sludge incinerators, municipal
waste combustors, agricultural waste incinerators, and residential waste incinerators.
These incinerators emit highly toxic pollution and tend to be located in or near
residential areas.

 

Water Cases

AGUAS DEL TUNARI v. BOLIVIA  We are intervening in a case filed by Aguas
del Tunari, a subsidiary of Bechtel Inc., against Bolivia for terminating a water
privatization contract. The company claims to have lost profit when its water
rate hikes sparked massive public protests that lead to the terminations of the
contract. The case is one of several Earthjustice cases defending the right of
governments to protect important public interests – like the right of all people
to water – against corporate challenges made possible by new international
trade rules.


ANACOSTIA WATER POLLUTION
  We are litigating to clean up pollution in the
Anacostia River in Washington, DC. The river is currently so contaminated, the
government advises residents to avoid swimming or fishing in its waters.

FLORIDA SEWAGE POLLUTION  Our attorneys in Tallahassee are working to
stop the disposal of sewage sludge in areas that wash into Horse Creek, Florida and
other nearby residential communities.

LAKE OKEECHOBEE AND ST. JOHN'S RIVER POLLUTION  We are challenging
the State of Florida's weak water quality standards for Lake Okeechobee and St. John's
River.  Lake Okeechobee is the nation's second largest freshwater lake and is suffering
from agricultural run-off and other pollutants.

MAUI DRINKING WATER  Earthjustice is working to protect the `Iao and Waihe`e
Aquifers, the principal source of drinking water for Central and South Maui, by
moving water management from ineffective county control to responsible state
management. Both aquifers are in danger of being overdrawn and polluted.

METHANEX v. UNITED STATES  We are intervening in a case filed by a Canadian
corporation demanding one billion dollars in compensation for profits it believes
it will lose when California bans MTBE, a toxic gasoline additive made with the
company’s product that contaminated vast groundwater reserves in California.
Claims like these discourage governments from taking action to protect public health.

OIL SPILL RULE  Earthjustice is intervening in two cases filed by the oil industry
challenging the Clean Water Act’s oil spill regulations. Developers want the regulations
to only apply to waterways that can support boats or ships. If they win, more than
half of the nation’s waterways will be at risk of increased pollution.

SIERRA LOGGING WAIVER  We are suing the Central Valley Regional Water Board
for granting the logging industry an exemption from the California Environmental
Quality Act. The exemption would allow logging companies to discharge sediments,
pesticides, and other pollutants into one of the most important watersheds for
California’s drinking water.

WETLANDS AND STREAMS  We are intervening to oppose an industry suit against a
Clean Water Act rule that protects streams and wetlands. Developers, miners, and
others want to damage and even destroy these precious waters without following
the safeguards required by the Clean Water Act.

 

Other Cases

BIOPHARMING IN HAWAI`I Earthjustice attorneys in Honolulu are filing a suit to
force the U.S. Department of Agriculture to comply with environmental laws in regulating
and testing genetically engineered crops that produce pharmaceuticals and other chemicals.
Current regulations are  inadequate in protecting public health.

CRUISE SHIP POLLUTION
  Earthjustice is challenging Hawai`i’s decision to allow
cruise ships to dock at Moloka`i, an island ill-equipped to handle the vast amounts
of visitors and pollution the cruise industry would bring.

TOXIC SHIPS  Earthjustice is challenging the US government's decision to send a fleet
of old decaying ships contaminated with PCBs, asbestos, and old fuel oil to be recycled in
the UK.  Environmental groups are questioning the safety of transporting toxic ships
across the ocean, and  US ship recyclers are questioning the decision to send the ships to
the UK when it can be safely recycled here.

PLAN COLUMBIA  Working with the Inter-American Association for Environmental
Defense (AIDA), Earthjustice is challenging a US-financed program to destroy illegal
coca and poppy crops by spraying potent herbicides throughout Colombia. The spraying
contaminates water, jeopardizes health in poor and indigenous communities, and
destroys unique and fragile ecosystems in Columbia.


US TRADE NEGOTIATIONS
  Earthjustice has filed lawsuits to force the US Trade
Representative to disclose proposals made in secretive international trade
negotiations over rules affecting human health and the environment. Past
experience has shown that without public oversight – which requires access to
documents like these – negotiators often ignore environmental and labor
considerations.

 

 

© 2003  Where We Live
is a project of Earthjustice