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Keep Pittsburgh Water Public–Using Your Voice in the May 20th Election
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Navigating electoral advocacy as a 501(c)(3) is not always easy but we have some great tips for those that are interested.

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Meagan Niebler
Environmental Justice Advisory Boards - A ...

An Environmental Justice Advisory Board (EJAB) is a group that advises government agencies on issues related to environmental justice, ensuring that policies and actions address the needs and concerns of marginalized communities disproportionately affected by environmental harms. These boards play a crucial role in promoting fair treatment and meaningful involvement of all people, regardless of race or income, in environmental decision-making processes. The importance of EJABs lies in their ability to bridge the gap between communities and policymakers, advocating for equitable solutions to environmental challenges. The goal of this document is to compare the strengths and weaknesses of different EJAB bylaws to provide informed recommendations for communities to advocate for strong Board structures that have the power to move their vision and needs forward.

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Update on the East Palestine Train Derailment
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Where’s the ‘Free’ in the Freedom of Information Act? FOIA Requests, Fee Waivers, and the U.S. Environmental Protection Agency

FOIA is intended to “ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed.”[1]  Indeed, information held by government agencies often helps individuals and communities understand the very environment that surrounds them.  However, federal agencies can request high fees for this information, often making these documents out of reach for many requesters.  This can create an access-to-justice issue: yes, the information is available, but only to those who can afford it.

There are ways in which these fees can be appealed—but first, a short primer on FOIA requests.

"Science as my Guide"

"Science as my Guide"

I remember it distinctly and as if the world were about to change. President Obama had taken office – the excitement was palpable – and I was about to teach my first semester as a Clinical Assistant Professor at the University of Pittsburgh School of Law in their wonderful Environmental Law Clinic. On the same day that I turned 30, Lisa P. Jackson was confirmed as the President’s first U.S. EPA Administrator. Her message to the U.S. Senate Committee on Environment and Public Works was simple and impactful: “If I am confirmed, I will administer with science as my guide.”

Oil and Gas Development: Stories from SE Ohio

Winter clouds gathered outside the cafeteria of River High School in Hannibal, Ohio, promising high winds and black ice…but the folks inside were worried about threats a little closer to home.

On January 14, residents from southeast Ohio met with representatives from local, state and federal government to discuss their environmental concerns. The event, sponsored by the Ohio Environmental Council, gave citizens the chance to describe their experiences with oil, gas and other development. While the issues were universal—protecting land, water, air—the stories were highly individual:

·      The local farmer—having lost access to his leased grazing land because of a newly placed pipeline—decided to cash in his retirement and build a new home far away from development…only to have a natural gas compressor station built nearby. “It sounds like nine train engines running day and night,” he says.

·      The family who lived through a nearby well pad fire in June 2014, raised a host of questions about their subsequent health issues—and claim they’ve received precious few answers.

·      The new resident who came from bruising battles with drilling companies in the western United States, only to find similar issues brewing here. “I don’t want to sound defeatist,” he said. “I guess I’m here to warn you.”

While billed as a “listening session” for elected officials, few government representatives could offer more than sincere expressions of concern. Not surprising, really; environmental issues are often complicated and difficult to solve.

But Fair Shake Supervising Attorney James Yskamp had a simple reminder for those in attendance: “You have rights,” Yskamp said. “You have rights to be involved in the process, and you have rights if you feel you’ve been harmed.”

Yskamp and Resident Attorney Megan Hunter outlined some of the issues that were voiced during the forum, and noted where and how affected residents could seek answers and possibly redress.

Such rights, Yskamp said, are invaluable tools toward meaningful engagement.

”You have options,” he said, “and you need to know that.”

Fair Shake & Community Groups File Protest Letter to Protect Ohio’s Only National Forest from Oil and Gas Development

Oil and gas development on federal land is primarily governed by the Mineral Leasing Act of 1920, as amended (30 U.S.C. § 181 et seq.). This law established the Secretary of the Interior’s authority to lease public lands for the development of mineral resources, including oil and gas. While the numbers of leases issued and acres of federal land leased by the Bureau of Land Management (“BLM”) for oil and gas development has steadily and significantly decreased over the past eighteen years, the number producing leases on federal lands had gradually risen from under 19,000 in 1988 to almost 24,000 in 2015.[1] The number of producing acres on federal lands has been rising since 1993 and was almost 13 million in 2015.[2]

The National Environmental Policy Act (“NEPA”) requires federal agencies, including BLM, to consider the environmental impact of their actions.[3] NEPA is triggered at multiple stages of the leasing and development process, and is a powerful tool for ensuring that adequate information is available to make reasoned policy decisions regarding mineral development on public lands and the potential impacts to the environment. Pursuant to NEPA, agencies are required to take a “hard look” at every significant environmental impact of a proposed agency action, as well as the impacts of any alternatives available.[4]

On November 14, 2016, Fair Shake Environmental Legal Services filed a protest letter on behalf of FreshWater Accountability Project and 26 other organizations to oppose the opening of the Wayne National Forest to oil and gas development. The letter protests the federal Bureau of Land Management’s (BLM’s) proposed December 13, 2016, oil and gas lease sale of 33 parcels of publicly owned lands.

The proposed lease sale would allow unconventional oil and gas development and hydraulic fracturing (commonly known as “fracking”) on approximately 1,600 acres of Ohio’s only national forest. Fair Shake argues that the lease sale would violate substantive and procedural federal law designed to protect human health and the environment.  Specifically, the protest argues that BLM is required under the National Environmental Policy Act to prepare a full Environmental Impact Statement.  This would include a more thorough environmental analysis than the Environmental Assessment (EA) conducted by BLM.  The groups also argued the EA itself was inadequate because it relied on outdated information and did not fully assess many of the foreseeable environmental impacts of the lease sale, including the impacts to air quality, water resources, public health, and endangered species.  The protest letter also raises concerns regarding climate change and environmental justice for local communities surrounding the proposed extraction sites. The letter also states BLM must consider other alternatives to the lease sale, such as keeping federal hydrocarbons in the ground or prohibiting hydraulic fracturing on leased parcels.

Fair Shake filed the protest letter—pursuant to 43 C.F.R. § 3120.1-3—on behalf of FreshWater Accountability Project, Athens County Fracking Action Network, Buckeye Forest Council, Ohio Valley Environmental Coalition, Appalachian Mountain Advocates, Torch CAN DO, West Virginia Highlands Conservancy, Mountain Lakes Preservation Alliance, Radioactive Waste Alert, Columbus Community Bill of Rights, Guernsey County Citizens’ Support on Drilling Issues, Frack Free Lake County, Sustainable Medina County, Ohio Allies, Frack Free Geauga, Network for Oil & Gas Accountability & Protection, Concerned Citizens Ohio, Friends for Environmental Justice, FaCT-Faith Communities Together for a Sustainable Future, Northwest Ohio Alliance to Stop Fracking, The Committee for the Youngstown Community Bill of Rights, Ohio Community Rights Network, Concerned Citizens of New Concord, Ohio River Citizens’ Alliance, Ashtabula County Water Watch, and Headwaters Defense.

You can read the full protest letter here.

[1] Bureau of Land Management, Summary Of Onshore Oil & Gas Statistics, available at https://www.blm.gov/style/medialib/blm/wo/MINERALS__REALTY__AND_RESOURCE_PROTECTION_/energy/oil___gas_statistics/data_sets.Par.69959.File.dat/summary.pdf.

[2] Id.

[3] 42 U.S.C.A. § 4321.

[4] See 42 U.S.C.A. § 4332(C).

 

 

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