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Three US Marshal task force officers killed in NC shootout; MA municipalities aim to lower the voting age for local elections; breaking barriers for health equity with nutritional strategies; "Product of USA" label for meat items could carry more weight under the new rule.

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Big Pharma uses red meat rhetoric in a fight over drug costs. A school shooting mother opposes guns for teachers. Campus protests against the Gaza war continue, and activists decry the killing of reporters there.

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Court Closes Cement Plant Loophole

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Friday, April 25, 2014   

BOISE, Idaho – A federal appeals court in Washington has ruled that the Environmental Protection Agency 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, an attorney for the public interest law organization Earthjustice, represented a number of groups united in cleaning up the pollution from cement plants around the nation.

The largest one in the Boise area is on the Oregon-Idaho border.

Johnson maintains the companies would often use the loophole.

"'Sorry! Had an accident. Not our fault,’ he says. ‘We'll try not let it happen again' – like it happens over and over again."

Johnson says the EPA and plant operators are now on notice that standards have to be fully enforceable, although he's convinced they could still be tougher.

The Ash Grove plant in Durkee, Oregon has been under scrutiny in recent years and came to an agreement with the EPA last year to install new equipment to lower toxic emissions, as well as pay a $2.5 million penalty for violating Clean Air Act rules.

Barbara Warren, executive director of Citizens’ Environmental Coalition, which was a plaintiff, welcomed the ruling.

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

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 emissions’ health effects, 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 everyday basis,” he says, “and have to breathe in the mercury and the particulate matter, the lead, the hydrocarbons, the hydrochloric acid that these plants put out."






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