Press Release: California Should Adopt San Joaquin Valley New Development Rule Statewide To Help Meet Global Warming Law Requirements, Study Shows
| Press Release: Groups Plan Lawsuit to Force Cleanup of Air Pollution in National Parks
FOR IMMEDIATE RELEASE
Contact:
David Baron/Kathleen Sutcliffe, Earthjustice, (202) 667-4500
Vickie Patton, Environmental Defense Fund, (720) 837-6239, vpatton@edf.org
Kevin Lynch, Environmental Defense Fund, (832) 524-4814, klynch@edf.org
Mark Wenzler, National Parks Conservation Association, (202) 255-9013
Washington, DC – As summer vacation season enters full swing, clean air advocates are fighting to make sure visitors to national parks can enjoy scenic vistas free of the yellowish haze caused by industrial pollution.
The 1977 Clean Air Act set a national goal of cleaning up dirty air in major national parks and wilderness areas. Decades later, only a small handful of states have submitted legally required plans to comply. The result: power plant and factory emissions continue to obscure views of beloved landmarks in national parks across the country including Shenandoah, Great Smoky Mountains, Glacier, Big Bend, Acadia, Sequoia, and Yosemite.
The nonprofit environmental law firm Earthjustice today filed formal legal notice of intent to sue on behalf of Environmental Defense Fund and National Parks Conservation Association over the U.S. Environmental Protection Agency’s failure to enforce deadlines for the states to adopt these clean air plans.
"The millions of Americans visiting our national parks expect clean air and clear views," said Kevin Lynch, attorney for Environmental Defense Fund. "Today’s legal action will jumpstart real world solutions to address the industrial air pollution at our national treasures."
According to the National Park Service, human-caused air pollution reduces visibility in most national parks throughout the country. Average visual range — the farthest a person can see on a given day — in most of the western United States is now about one-half to two-thirds of what it would be without man-made air pollution (about 140 miles). In most of the east, the average visual range is about one-fifth of what it would be under natural conditions (about 90 miles).
The Clean Air Act required states to submit enforceable plans to EPA by last December to clean up hazy skies in parks and wilderness areas. Today, more than six months later, only five have submitted plans. The Earthjustice letter gives notice of intent to sue EPA unless the agency enforces the deadline against delinquent states within 60 days.
"Millions of Americans visit national parks each year to breathe clean, fresh air and enjoy the majestic vistas," said Earthjustice attorney David Baron. "When you can’t see the mountains and canyons under all the filthy haze, it’s time for EPA to enforce the Clean Air Act."
Much of the pollution problem comes from old power plants and factories with outdated pollution controls. Emissions from these plants can travel hundreds of miles, contributing to regional haze that obscures scenic vistas over large areas. Each state’s clean air plan must include rules to limit these emissions, limits that will not only reduce haze in scenic areas but also improve overall air quality.
"Family memories of our national parks shouldn’t be clouded by polluted haze" said Mark Wenzler, director of Clean Air and Climate Programs at National Parks Conservation Association. "EPA needs to take seriously its obligation to ensure clear skies for all Americans who seek out our national parks for healthy summer vacations."
Instead of moving to clean up dirty air in the parks, the Bush administration has proposed to weaken pollution rules for new factories and power plants seeking to build upwind of national parks. According to a report by the National Parks Conservation Association, these rules would make it easier for developers to build at least two dozen new plants that would threaten air quality in at least 10 national parks, including Virginia’s Shenandoah, Colorado’s Mesa Verde and North Dakota’s Theodore Roosevelt national parks. For more information, see NPCA’s report at www.npca.org/darkhorizons.
For a map of national parks with links to air quality data and photos of visibility conditions at parks nationwide, please visit: http://www.epa.gov/air/visibility/monitor.html
A copy of the notice of intent to sue filed today is available here: http://www.earthjustice.org/library/legal_docs/sixty-day-notice-final-6-25-08.pdf
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Earthjustice (www.earthjustice.org), is the nation’s leading non-profit environmental law firm. Representing hundreds of communities and organizations free of charge, Earthjustice works through the courts to safeguard public lands, national forests, parks and wilderness areas; to reduce air and water pollution; to prevent toxic contamination; to preserve endangered species and wildlife habitat; and to achieve environmental justice.
Environmental Defense Fund (www.edf.org), a leading national nonprofit organization, represents more than 500,000 members. Since 1967, Environmental Defense Fund has linked science, economics, law and innovative private-sector partnerships to create breakthrough solutions to the most serious environmental problems.
Since 1919, the nonpartisan National Parks Conservation Association (www.npca.org) has been the leading voice of the American people in protecting and enhancing our National Park System. NPCA, its members, and partners work together to protect our National Park System and preserve our nation’s natural, historical, and cultural heritage for our children and grandchildren.
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| Press Release: California Should Adopt San Joaquin Valley New Development Rule Statewide To Help Meet Global Warming Law Requirements, Study Shows
FOR IMMEDIATE RELEASE
Contact:
Kathyrn Phillips, 916-893-8494-c, kphillips@edf.org
Sean Crowley, 202-572-3331-w, scrowley@edf.org
(Fresno, CA – July 9, 2008) – A landmark regulation proven in the San Joaquin Valley to reduce air pollution from new development projects could help meet a state law requirement to dramatically cut global warming pollution statewide, according to a new peer-reviewed study released today.
The study, released a few days prior to a June 14 public workshop in Fresno by the California Air Resources Board (CARB) on its draft scoping plan for implementing the Global Warming Solutions Act (AB 32), shows there are proven measures the state can be use to capture more global warming pollution, while diversifying housing and transportation choices. The study affirms the value of the rule known as the Indirect Source Rule, adopted by the San Joaquin Valley Air Pollution Control District in 2005.
“We can’t afford to discount any effective tool to cut global warming pollution,” said Kathryn Phillips, manager of the California Clean Air for Life Campaign for Environmental Defense Fund, which sponsored the study. “CARB officials must resist industry opposition to an indirect source rule and other proven land use measures that could cut millions of tons of greenhouse gas emissions statewide.”
The new study, “Reducing Global Warming and Air Pollution: The Role of Green Development in California,” was prepared by Lawrence Frank and Company, Inc. (LFC). It focuses on a literature review of building and site design decisions and their connection to air pollution, including greenhouse gas emissions, and evaluates the value of the indirect source rule for reducing those emissions.
CARB’s AB 32 draft scoping plan, released last week, notes that an indirect source rule is “under consideration” to cut California’s carbon dioxide emissions by up to one million metric tons by 2020. However, the agency’s plan stops short of including the rule among actions that must be adopted and applied to get emission reductions around the state.
The Indirect Source Rule (ISR) was adopted by the San Joaquin Valley Unified Air Pollution Control District in December 2005 and took effect in March 2006. It requires development projects that exceed size thresholds to reduce nitrogen oxides (NOx) and particulate matter (PM) during construction (20 percent of NOx and 45 percent of PM10 from construction equipment exhaust) and after occupancy (33 percent of NOx and 50 percent of PM over 10 years of operation). Mitigation measures may include low-emissions construction equipment, buildings designed with energy efficiency measures, building and site design measures, and a mitigation fee.
A statewide developer trade association, the California Building Industry Association, has tried to prevent local air districts from adopting and implementing indirect source rules and unsuccessfully challenged the San Joaquin Valley rule in court. The group has also worked to limit any application of the rule to meet the state’s global warming pollution reduction goals.
“This new study should convince CARB and the governor to follow the lead of a Fresno County Superior Court judge who rejected the California Building Industry Association’s efforts last February to require developers to cut pollution when they build housing,” concluded Phillips. “The next draft of the scoping plan should include a clear path for applying the indirect source rule without delay. There’s no time left to waste.”
The new study concludes:
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