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Aug. 30, 2021 by Katlyn Schmitt, Darya Minovi

Virginia Must Act Now to Hold Polluters Accountable

Virginia is home to thousands of unregulated and aging aboveground hazardous chemical storage tanks, which, when exposed to storms or floods, may be at greater risk of failing or spills. This risk — and the threat it poses to our health and safety — is rising as our climate changes.

Since these tanks are not regulated by the state or federal government, we know very little about their number, condition, age, or contents. If storage tanks are improperly constructed or maintained, they are more likely to fail under stress, and could release any number of toxic chemicals into nearby communities.

In addition to threatening community health and safety, the spills may also exacerbate existing disparities. In Virginia, industrial facilities vulnerable to flooding are disproportionately concentrated in socially vulnerable areas, according to a 2019 report by our colleague, David Flores.

Virginia is no stranger to failing tanks. In 2008, an Allied Terminals tank in Chesapeake, Va., collapsed, seriously injuring two workers and releasing 200,000 gallons of liquid ammonium nitrate fertilizer, which upon contact or inhalation can cause irritation to skin, eyes, and the respiratory tract. Some of it also entered the Elizabeth River, a tributary of the Chesapeake Bay.

The U.S …

July 21, 2021 by James Goodwin
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The Biden administration's Environmental Protection Agency (EPA) is currently seeking public input on its efforts to revamp an important Clean Air Act program called the Risk Management Plan (RMP) rule for facilities that produce, store, or use large amounts of dangerous chemicals. It is meant to prevent catastrophes — like the 2017 Arkema explosion in Crosby, Texas — which not only put human lives and health in danger (especially for the communities of color that are disproportionately overrepresented in the shadows of these facilities), but also cause costly disruption for local economies.

My CPR colleagues contributed to a timely new policy brief explaining how the EPA must be particularly attentive to the new and unique threats posed by climate change as it goes about revamping its RMP rule to prevent "double disasters" that will become increasingly common unless chemical facilities are forced to take preventative action. They presented the …

July 19, 2021 by Colin Hughes
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U.S. Environmental Protection Agency (EPA) Administrator Michael Regan recently announced that $50 million from the American Rescue Plan will go toward environmental justice programs at the agency. This award will be accompanied by another $50 million to enhance air quality monitoring to target health disparities. This funding will double the amount of grant dollars for EPA’s environmental justice programs by adding $16.7 million in grants and funding for other programs such as school bus electrification, expanded environmental enforcement, and drinking water safety improvements.

Increased funding for environmental justice programs will foster stronger environmental protections for communities — often low-income communities and communities of color — that are forced to combat a disproportionate share of pollution, toxic exposures, and related health and economic consequences. Investment in these communities seeks to reconcile the gap left by environmental racism and a lack of opportunities to meaningfully engage in zoning …

July 7, 2021 by David Flores, Darya Minovi
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To read the policy brief related to this post, click here.

Update: Read Senior Policy Analyst David Flores and Policy Analyst Darya Minovi's July 8 testimony to EPA.

Four years ago, Hurricane Harvey slammed into the coast of Texas, causing severe flooding in the Houston area and leading to a loss of electrical power throughout the region. During the blackout, a local chemical plant lost its ability to keep volatile chemicals stored onsite cool, and a secondary disaster ensued: A series of explosions endangered the lives of workers and first responders and spurred mass evacuations of nearby residents.

This infamous incident was a classic "double disaster" — a natural disaster, like a storm or earthquake, followed by a technical disaster, like a chemical release or explosion.

Also known as "natech" disasters, these events pose a severe and growing threat to public and environmental health — and to workers …

June 9, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

Hurricanes Harvey and Maria. California wildfires. Superstorm Sandy. The great Texas blackout. The list goes on.

These mega-events dramatize the need to improve our disaster response system. The trends are striking: escalating disaster impacts, more disaster clustering, more disaster cascades, and less predictability. We need to up our game. Lisa Grow Sun and I discuss the implications in a new paper, but here are a few of the key takeaways.

Escalating impacts. From 1980 to 2020, there were an average of seven billion-dollar events per year. (Interestingly, nearly half of them were in Texas.) But from 2015-2020, the average was 16 per year. 2020 had a record-breaking 22 billion-dollar events. Why? It's partly higher GDP and population, so more people and wealth are at risk. More people and infrastructure are located in high-risk areas, especially coasts …

April 29, 2021 by Alina Gonzalez
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In 2017, Puerto Rico was hit hard by two major hurricanes, Irma and Maria. First came Irma, a Category 5 storm that pummeled the island, leaving a trail of destruction. Less than two weeks later came Maria, another Category 5 storm that directly hit the island in what became the worst natural disaster in the U.S. territory's history. The storm moved directly across the island, knocking out electricity and inundating towns with floodwaters and mudslides.

Maria's immediate aftermath was brutal. It included cascading failures of critical infrastructure that threatened systems that people depend on to survive: energy, transportation, communications, water, and wastewater treatment. The storm caused $90 billion in damage to the island, and Puerto Ricans were forced to live without power for 328 days — the longest blackout in U.S. history. The storm also caused an estimated 3,000 deaths, according to an independent study …

Feb. 26, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

In the wake of the Texas blackouts, we're seeing a number of familiar moves to deflect blame by the usual suspects — politicians, regulators, and CEOs. These evasive tactics all begin with a core truth: Eliminating all risk is impossible and would be too expensive even if it weren't. But then they spin that truth in various ways. The result is to obscure responsibility for the disaster and the steps that should be taken going forward.

Here are some of the most common dodges — not counting such crass moves as blaming everything on the Green New Deal or the media.

Dodge #1: No one could have foreseen this event! This often sounds reasonable. How could anyone have foreseen that New Orleans' levees would simply collapse, or that a historic tsunami would hit the nuclear reactors at Fukushima …

Sept. 19, 2018 by Victor Flatt
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On August 23, 2017, Texas Governor Greg Abbott declared a state of emergency as Hurricane Harvey approached the Texas Coast. That state of emergency was ultimately expanded to 60 counties in Texas. Emergency declarations in Texas (as in many states and for the federal government) allow the governor to unilaterally suspend specific rules and regulations if they are expected to hinder disaster recovery. The Texas Commission on Environmental Quality (TCEQ) asked Governor Abbott to suspend dozens of environmental rules on August 28, 2017, as Harvey was continuing to pummel Houston and the Texas Gulf Coast area.

The waiver request specified air quality rules related to emission “upset” events as well as monitoring and releases of unpermitted Volatile Organic Compounds. Predictably, the request indicated …

Sept. 18, 2018 by Katie Tracy
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This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report.

Lachlan Brain, a 22-year-old electrical lineman from Tennessee, traveled to Houston following Hurricane Harvey to help with the relief effort, working for T&D Solutions, a company that specializes in maintaining and repairing power lines and related equipment. While working inside a bucket truck on August 25, 2017, Brain leaned across an electrical line, came into contact with a live wire, and was electrocuted. Line personnel and first responders attempted to revive him unsuccessfully, and Brain died.

According to reports, Brain had been eager to travel to Texas for the relief effort. He had become an electrical lineman just a year before, after attending training courses at the Southeast Lineman Training Center in Trenton, Georgia. He felt that working as an electrical lineman was his true calling, according to his …

Aug. 10, 2016 by Evan Isaacson
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Two people died on July 30 after a 1,000-year storm brought devastating flooding to the lovely and historic Ellicott City, Maryland, just outside of Baltimore. The 6.5 inches of rain that fell over the course of a few hours damaged or destroyed more than 150 vehicles and scores of buildings, and forced the rescue of dozens of people. It also sent more than 5 million gallons of sewage per day from several different sites into the Patuxent River and out to the Chesapeake Bay.

It didn't take long for a public official to ask if this tragedy was caused by climate change. I'll leave that question alone and let the scientists who study this sort of thing determine which specific weather-related disasters are most likely to be linked to climate change. But I'll raise a different question more specifically tied to the Ellicott City flood …

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More on CPR's Work & Scholars.
Aug. 30, 2021

Virginia Must Act Now to Hold Polluters Accountable

July 21, 2021

Biden Said He Wants to 'Modernize Regulatory Review.' The EPA's Chemical Disaster Rule is a Great Place to Start.

July 19, 2021

Environmental Justice and the COVID-19 Pandemic: Why the EPA Needs a Funding Boost

July 7, 2021

President Biden: Take Action Now to Protect the Public from 'Double Disasters'

June 9, 2021

What Have We Learned from Recent Disasters?

April 29, 2021

Progress for Puerto Rico: Biden Administration Lifts Trump-Era Restrictions on Disaster Relief

Feb. 26, 2021

Three Ways of Dodging Responsibility