LYONS, Colo. - A federal court ruled Friday that the EPA can no longer let cement plants off the hook for fines if the plants or their kilns release mercury and other dangerous pollutants and claim it was the result of what's known as an "upset" or a mistake.

Seth Johnson is an attorney for Earthjustice and represented a number of groups united in cleaning up the pollution from cement plants around the nation. He says the companies would often use that loophole.

"'Sorry! Had an accident. Not our fault. We'll try not let it happen again' - like it happens over and over again."

He says the EPA, and polluters, are now on notice that standards have to be fully enforceable, although he's convinced they could still be tougher. Last year, Colorado's Lyons cement plant was ordered to pay a $1 million civil penalty and install $600,000 worth of new pollution control equipment to settle alleged Clean Air Act violations. Another plant in Pueblo, owned by GCC, also could be affected by the ruling.

Barbara Warren, whose Citizens Environmental Coalition was a plaintiff, welcomed the ruling.

"This loophole, this malfunction provision - we're so glad that this was closed for cement plants," she said. "And we think it'll have more impact down the road, so I'm very pleased."

Lawyer Johnson says Earthjustice has been working for more than a decade to reduce dangerous emissions from cement-making on behalf of groups concerned about the health effects of those discharges, including learning disabilities and asthma in children.

"There are people who live in the shadow of these kilns, and who deal with these kilns, these plants, on an every-day basis, and have to breathe in the mercury and the particulate matter, the lead, the hydrocarbons, the hydrochloric acid that these plants put out," he charged.

Johnson sees the ruling by the U.S. Court of Appeals for the D.C. Circuit as also having a potential effect on efforts at combating climate change.

"The loophole that EPA put into the cement plant rule is one that it was proposing to put into its rule governing greenhouse gas pollution from power plants," he said. "And this ruling says they can't do that."

The decision comes just as the EPA begins an Earth Week initiative aimed at getting Americans to reduce their carbon footprints.

The decision, in the case NRDC vs. EPA, is at 1.usa.gov/1ixI8WZ.




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School buses are getting cleaner in Washington state after this year's legislative session.

Lawmakers in Olympia passed House Bill 1368, which will fund the purchase of zero emission school buses.

Rep. Tana Senn, D-Mercer Island, said the program is getting off the ground quickly.

"As we work towards that long-term goal of all new school buses being zero emission, we're kick-starting this year with $40 million in grants to school districts in overburdened communities," Senn explained.

Going forward, Senn noted school districts will have to purchase zero-emission vehicles once the total cost of ownership is equal to or lower than the cost of diesel vehicles. The state is leveraging the state's Climate Commitment Act resources to fund the transition of its 10,000 school buses.

Devin Denney, director of transportation for Highline Public Schools in King County, which already has electric school buses in its fleet, said he has driven the electric buses and talked about some of their benefits from a driver's perspective.

"You're not competing against that engine noise, the kids aren't competing against the engine noise," Denney observed. "It's a much quieter bus all the way around. The major advantage, of course, is that there's no tailpipe emissions with an electric bus, so our kids' health is better protected."

Senn emphasized health studies have shown there are negative health effects from diesel vehicles for kids, and it is easy to understand why.

"If you think about kids waiting to get on their bus in front of an elementary school and you have this line of buses idling, letting out diesel fumes right at the height of a little child, it becomes obvious that this is probably not the most healthy thing for our children," Senn added.


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Today, in honor of Earth Day, climate advocates are asking California lawmakers and Gov. Gavin Newsom to rally around a plan to put a $15 billion bond measure on the November ballot.

If passed, the bond measure would fund a range of climate resiliency measures.

Sam Hodder, president and CEO of the Save the Redwoods League, said March was the tenth month in a row to break monthly heat records.

"I think Earth Day is a terrific opportunity for the broader public to recognize how nature is critical for resilience, for our quality of life, for our mental and physical health, and for our communities more broadly," Hodder outlined.

Two similar bills to put a bond measure on the ballot are under consideration in Sacramento, Assembly Bill 1567 and Senate Bill 867, but they have been stalled since last summer. The bond would finance many programs, including some to restore wetlands that guard against sea-level rise, and to remove dead wood in forests to guard against mega-fires, which Hodder noted have killed 20% of the giant sequoias in recent years.

Opponents pointed out the state already faces a budget deficit and cannot afford to take on more debt. But only 5% of California's old-growth coastal redwoods remain, mostly due to aggressive logging many decades ago.

Hodder argued the giant trees can be critical ingredients in the fight against climate change because they trap so much carbon.

"Redwood forests sequester more carbon per acre than any other forest system in the world," Hodder emphasized. "We have the opportunity to transition the redwood forest from something that is vulnerable to climate change to something that is helping to solve and address the climate crisis."

Experts blame climate change for California's wild weather over the past few years, which has been marked by extreme drought, devastating fires and flooding rain.

A new report from the National Wildlife Federation warns that the effects of climate change in the Quad Cities, along the Iowa-Illinois border, will be severe.

But researchers got the public involved in studying to find ways to head off some of the most pressing concerns.

The report says climate change means a warmer, wetter future for the Quad Cities, which straddle the Mississippi River in Iowa and Illinois.

But rather than repeat what experts have already been saying about drastic flooding along the Big Muddy, Prairie Rivers Network River Health and Resiliency Organizer Nina Struss said researchers and Quad Cities residents brainstormed solutions to tackle the effects of climate change.

"Flooding and flash flooding were the top concerns," said Struss. "Extreme heat was also a big concern, as well as drought and other extreme weather events."

Researchers combined that information with hard science at the University of Illinois to create 3D models depicting what climate-induced flooding along the Mississippi could look like in the future.

The survey also asked people to identify which geographical areas and populations are most at risk from the effects of climate change, and worked with the community on solutions to mitigate some of them.

Struss said this research proposes what are known as nature-based solutions to combat the effects of climate change - restoring, preserving and even expanding existing ecosystems, like wetlands and tree canopies. But creating more eco-friendly infrastructure, too.

"Can we work to maybe have our pavements that we're putting in be more permeable, so that they can absorb that water and have that higher water-holding capacity?" said Struss. "Can we focus on areas to plant more native plants that have stronger root systems, versus ones that have shorter root systems, to help with that water-holding capacity?"

Struss said this research isn't a one-off. It will continue to change, she said, as the climate changes, the needs become more clear, and the effects more drastic.

She said progress in addressing climate change relies on more research, education and funding.




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