August 2002 -
In This Issue:
 Our Children's Earth (OCE) Insider Update
Urgent: Members Needed!
We Win!
New Lawsuits and other developments
Donations
Thank You!
OCE is a San Francisco-based non-profit dedicated to protecting
the public, especially children, against the harmful effects of
air pollution, primarily through enforcement of the Clean Air Act.
OCE collaborates with leading clean air advocates, law clinics,
and community organizations to empower the people, and teach them
about their right to clean air and good health. We do this through
a multi-dimensional strategy consisting of education, litigation,
and advocacy.
OCE publishes a semi-monthly on-line newsletter to inform our members
and other interested individuals of our efforts.
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We need you to become a Member of OCE! As OCE continues to push
for cleaner air through enforcement of the Clean Air Act and other
regulations, we are facing a new challenge in court. Opposing attorneys
are claiming that OCE lacks "standing," a legal term meaning
that OCE does not represent individuals who have suffered damages.
These challenges are underhanded attempts by attorneys representing
polluters to have our cases thrown out of court without being heard.
As our victories-- like those listed below-- continue to mount,
we expect these challenges to increase.
We need individuals to take the time to sign up NOW and show that
OCE has a strong membership of individuals that believe we deserve
to be and should be heard in the US courts. Joining is quick and
easy. Just click on the link to the OCE website and follow the simple
instructions http://www.ocefoundation.org/membership.html.
With your help, we can continue to make a difference in air quality.
.
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We win
OCE Settlement Forces Companies to Reduce over 200,000 Pounds
of Smog-Forming Pollution: Our Children's Earth (OCE) Foundation
and Communities for a Better Environment (CBE) settled several
federal Clean Air Act citizen suits against corporations for violations
of a Los Angeles area pollution credit trading scheme called RECLAIM.
OCE and CBE have successfully reached settlement on five similar
actions brought in Los Angeles federal district court. The seven
settlements, which also involve United Airlines, So Cal Gas, National
Gypsum Co., Crimson Resource Management Corp., Western Metal Decorating,
Fontana Paper Mills, and Van Can Co., require the elimination
of more than 200,000 pounds of smog-forming nitrogen oxides ("NOx")
by completion of a number of environmental improvement projects
and pollution credit retirement.
OCE and other community groups force Tennessee Government
to issue air pollution Permits to TVA: On June 13, The Tennessee
Air Pollution Control Board agreed to issue long-overdue operating
permit applications for TVA 's Kingston and John Sevier power
plants by June 14, 2002. Final action on those permits must be
made no later than September 16, a move which will force the plants
to self-report air violations.
The action came in response to a lawsuit filed on May 13 by OCE,
the Sierra Club, National Parks Conservation Association, and
A Walk in the Woods. The suit was filed against the Tennessee
Air Pollution Control Board and its Technical Secretary Barry
R. Stephens for failing to issue federal Clean Air Act permits
to some of the largest polluting power plants in Tennessee. By
failing to issue the required permits for over three years, the
groups maintained the State of Tennessee was failing to control
pollution from TVA power plants and was depriving the public of
information regarding hazardous air pollution emissions.
Judge enforces requirement for San Francisco Metropolitan
Transportation Commission to increase Bay Area Public Transit
Ridership: On July 22, a US District Court Judge ordered the
Metropolitan Transportation Commission ("MTC") to ensure
that Bay Area regional transit operators increase regional ridership
15 percent above 1983 levels by no later than November 9, 2006.
This ruling marks the conclusion of a lawsuit by OCE and other
community and environmental groups against MTC filed in February
2001. The groups filed to force implementation of TCM 2, a transportation
control measure adopted 20 years ago by MTC to meet its Clean
Air Act obligations to reduce air pollution. The suit was necessary
because transit ridership today is only slightly higher than it
was in 1983, despite a 30 percent increase in population. Specifically,
the Court ordered MTC to:
Increase regional transit ridership by 15 percent over 1983
levels by no later than November 9, 2006.
Amend the 25-year Regional Transportation Plan and Transportation
Improvement Program adopted by MTC last winter "to include
a section specifying how it will achieve full implementation
of TCM 2."
File quarterly reports with the Court detailing its progress
in implementing TCM 2.
OCE and partners stop EPA Rubber Stamping of Bay Area Air
Pollution Plan: On July 26, 2002, the Ninth Circuit Court
of Appeals issued a stay of the EPA's finding of adequacy of the
Bay Area's motor vehicle emissions budget, pending its review,
stopping EPA from rubber-stamping the MTC proposal. The Metropolitan
Transportation Commission (MTC), which allocates funding for transportation
projects throughout the San Francisco Bay Area, has long been
accused by critics for failing to adequately support public transit
and air quality.
In March, OCE Foundation, along with Transportation Solutions
Defense and Education Fund and Communities for a Better Environment,
filed a challenge to EPA's determination that the motor vehicle
emissions portion of the 2001 Ozone Plan was adequate. Sacramento
Metropolitan and Yolo-Solano Air Quality Management Districts
independently filed a challenge as well. The Ozone Plan identifies
the need to reduce Bay Area emissions of volatile organic compounds
by 26 tons per day, but fails to provide measures to accomplish
that. The Court's granting of the stay indicates that it believes
petitioners have legitimate claims. This may result in a finding
that the Bay Area is not in conformity with Federal Vehicle Emissions
Standards, which could effect federal highway allocations to the
Bay Area.
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New Lawsuits and other
developments
OCE Objects to Proposed Banking and Trading Rule Changes.
OCE continues its work by monitoring air quality standards and
providing comments on documents that set standards for air quality.
The Southern California Air Quality Management District (SCAQMD)
recently proposed revisions to its part of the California SIP
around RECLAIM rules. The revisions would allow power plants to
emit NOx over RTC allocations without violating as long as they
pay $7.50 per pound of NOx emissions in excess of the RECLAIM
credit holdings. In turn, the SCAQMD would use the fees collected
to seek emission reductions from mobile, area and stationary sources.
OCE comments raised objections to allowing emissions under the
RECLAIM program that are not yet offset by other emissions.
New Developments in OCE's Dump Diesel Campaign.
Our Children's Earth continues to make progress in its effort
to remove diesel buses from the streets of San Francisco. On July
15th, Supervisor Aaron Peskin introduced a "No More Diesel
Bus" resolution that was co-sponsored by five other Supervisors.
The introduction of this Resolution, which faced substantial behind-the-scenes
opposition, is a big victory for the OCE-led Dump Diesel Coalition.
It represents the first step towards holding Muni accountable
to the voters of San Francisco, who are fed up with having carcinogenic
soot pollute their homes and endanger their health. A vote is
scheduled for mid-August and OCE and other Dump Diesel Coalition
members are now in the process of lobbying for its passage.
On the organization front, we are happy to announce that the
SF-chapter of the Sierra Club recently voted to join the Dump
Diesel Coalition. Our membership now includes: American Lung
Association, BayView Hunters Point Community Advocates, GreenAction,
Our Children's Earth Foundation, Natural Resources Defense Council,
Sierra Club, and Union of Concerned Scientists.
OCE Comments persuade Bay Area Air Quality Management District
(BAAQMD) not to exempt Red Star Facility from Air Pollution Regulations.
The District has changed its mind that a legal "exemption"
applies to the Red Star facility. EPA leaned on the District after
receiving a letter from OCE.
OCE Provides Public Voice at Title V Air Permit Hearings
for Refineries.
In July 2002, OCE attended and submitted comments at Title V Permit
Hearings for the Benicia and Martinez Refineries. Because of OCE's
work in soliciting public involvement in these hearings, concerned
members of the community also issued comments at the Benicia Hearing.
OCE Executive Director Meets with Environmental Groups in
Washington, D.C.
In July, OCE Executive Director Tiffany Schauer traveled to Washington,
D.C. to meet with representatives of other air quality groups,
including:
John Walke from Natural Resources Defense Council,
Frank O'Donnell from Clean Air Trust,
Phil Clapp from National Environmental Trust, and
Libby Fayad from National Parks and Conservation Association.
As a result of these meetings, OCE has been invited to attend
Washington, DC-based meetings of a group called "Air Heads"
on a regular basis. This group is comprised of organizations whose
mission is to improve air quality nationwide.
OCE Executive Director Attends Environmental Law Clinic Planning
Meeting.
On July 25, 2002, OCE Executive Director Tiffany Schauer attended
an environmental law clinic planning meeting in Washington DC,
and provided an update on OCE activities. The goals of the meeting
were (1) to discuss respective programs, areas of interest and
capabilities to determine the potential for functioning effectively
as a network of organizations and (2) to discuss permitting and
enforcement related projects that might offer exciting opportunities
for environmental law students. Attendees included representatives
from law clinics and other environmental groups nationwide.
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Donations
We wish to thank the Clean Air Trust for a generous grant of $25,000.00
in support of our RECLAIM work.
We also wish to thank the following corporations and individuals
for their support:
The GAP (Matching Gift)
Jennifer Holderness
Jeffrey Wycoff
Darren Prock
Stephanie Steigerwaldt
Helen Kang
Keith Palmer
Andrew Rice
Marianna Aue
Jerri Curry
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Thank You!
We would like to thank our lawyers and community partners for participating
in our recent successes:
A Walk in the Woods
American Lung Association
Bayveiw Hunters Point Community Advocates
Communities for a Better Environment
Danielle Fugere
Earthjustice Legal Defense Fund
George Hays
Golden Gate University Environmental Law & Justice Clinic
GreenAction
Latino Issues Forum
Marc S. Chytilo
National Parks Conservation Association
Natural Resources Defense Council
Reed Zars
Sierra Club
Chris Sproul
Transportation Solutions Defense and Education Fund
Union Of Concerned Scientists
Urban Habitat, a project of the Tides Center
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