model legislation

Thu, 2012-09-27 13:58Steve Horn
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Regulatory Non-Enforcement by Design: Earthworks Shows How the Game is Played

Earthworks Oil and Gas Accountability Project published a scathing 124-page report this week, “Breaking All the Rules: the Crisis in Oil & Gas Regulatory Enforcement.”

The content of the report is exactly as it sounds.

That is, state-level regulatory agencies and officials often aren't doing the jobs taxpayers currently pay them to do and aren't enforcing regulations on active oil and gas wells even when required to under the law.

This is both out of neglect and also because they're vastly understaffed and underfunded, meaning they literally don't have the time and/or resources to do proper inspections.

And on those rare instances when regulatory agencies and the regulators that work for them do enforce regulations on active oil and gas wells, Earthworks demonstrated that the penalties for breaking the rules are currently so weak that it's merely been deemed a tiny “cost of doing business” by the oil and gas industry.

Mon, 2012-04-23 16:13Guest
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ALEC’s Vision of Pre-Empting EPA Coal Ash Regs Passes the House

Authored by Sara Jerving of PRWatch.org and ALECExposed.org. Cross-posted with permission from the Center for Media and Democracy. 

The U.S. House of Representatives passed an amendment on April 18 to the Surface Transportation Extension Act of 2012 (HR 4348) that would effectively pre-empt the Environmental Protection Agency (EPA) from regulating coal ash, the waste from coal burning plants, as a hazardous waste. About 140 million tons of coal ash are produced by power plants in the United States each year. There are about 1,000 active coal ash storage sites across the country.

According to the EPA, the ash contains concentrations of arsenic, boron, cadmium, chromium, lead, mercury and other metals, but the coal industry has claimed there is less mercury in the ash than in a fluorescent light bulb. However, the EPA found in 2010 that the cancer risk from arsenic near some unlined coal ash ponds was one in 50 – 2,000 times the agency’s regulatory goal. Additionally, researchers from the Environmental Integrity Project, Earthjustice, and Sierra Club have documented water contamination from coal ash sites in 186 locations. The new bill would strip the EPA’s authority to regulate the ash and hand it over to the states.  

The coal industry and its allies have been pushing several levers to stop the EPA from regulating coal ash, including passing resolutions through the American Legislative Exchange Council (ALEC).

Along with its coal ash provisions, the transportation bill, which is intended to extend highway and transit funding through September, includes measures that would advance the controversial trans-Canada Keystone XL pipeline.

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