CLEAN TRANSPORTATION

Let’s Revitalize the Chicago Pedway – Op-Ed in Crain’s Chicago Business

Let’s Revitalize the Chicago Pedway

Op-Ed by ELPC Executive Director Howard Learner

It’s a frigid Chicago winter day and downtown sidewalks are slushy and icy, or it’s a rainy summer day. What does a savvy Chicagoan do? Take the Pedway.

Want to go quickly from the CTA to City Hall, pick up coffee, and get a new watchband on the way? Take the Pedway. Looking for new art displays? Check out the Pedway. Entrepreneurs, there are available storefront opportunities with increased Pedway foot traffic.

The Chicago Pedway is an underutilized civic asset. It can be a great way to get around downtown, an engaging civic arts and culture space, and a good location for shops and restaurants.

If, today, someone proposed building a new underground Pedway, you’d ask, “How can we afford it?” The Chicago Pedway, however, is already built. Let’s leverage that investment with strategic actions to make it work better. Better navigation, better coordination and better activation.

Better navigation and wayfinding: Let’s face it—Pedway signs should be larger, eye-catching and more consistent; maps should be easier to understand and on smartphone apps; and directions should be clearer and easier to follow. Good wayfinding should connect Pedway users to above-ground locations and to the Riverwalk, Navy Pier, and transit and train stations. Better wayfinding and easier navigation tools, both above and along the Pedway, will encourage more pedestrian use. This should work well for everybody, not just “Pedway-niks.”

Better coordination: The Pedway maps as a continuous system, but it’s actually spliced-together segments owned by different public and private owners. Coordinating Pedway operating hours, lighting, accessibility and safety helps everybody: Metra commuters from the Millennium Park and Van Buren Metra stations, and CTA train riders going to City Hall and downtown office buildings; tourists going from east of Michigan Avenue hotels to Loop theaters and restaurants; and downtown workers and residents going from place to place. The recent Chicago Pedway Revitalization Study identified high-value repairs and upgrades for action.

Better activation: Better placemaking activates the Pedway and engages people. Pedway users shop at the retail spaces in Block 37 and Illinois Center, and Goodman Williams Group’s retail analysis shows growth potential for more pedestrian-friendly businesses and sales tax revenues. Space p11 is a new Pedway-level gallery for off-grid art, architecture and culture. The Chicago Loop Alliance sponsors Pop-Up activations, and Broadway in Chicago does pop-up holiday caroling and theater. The Vamonde smartphone app provides a fun adventure. The Pedway should be a lively and cool space.

My organization, the Environmental Law & Policy Center, Broadway in Chicago and Chicago Loop Alliance are partnering with the city of Chicago, Cook County and building owners to repair and revitalize the Chicago Pedway.

Let’s seize the opportunities to improve pedestrian use and access. Let’s tap more retail business potential. Let’s make the Pedway a vibrant underground space for arts and culture for Chicagoans and visitors. We’ve done the heaviest lifting already by building the Pedway—now let’s use our imagination and take the practical steps to make it a great cityspace.

This post originally ran in Crain’s Chicago Business. Read the article HERE.

2018 Year End Report

ELPC has been protecting the Midwest’s environment and natural heritage for 25 years. In 2018, we expanded our team of skilled public interest attorneys, policy advocates and communications specialists. We remain focused on the strategic legal, policy and advocacy work that has made ELPC so effective. This work has never been more important and we look forward to more successes in 2019.

To learn more about our 25 years of successful environmental advocacy, download our 2018 End of Year report or view below.

Chicago’s Underground Pedway Needs Better Navigation, Coordination, and Activation

ELPC is leading the civic greening initiative to revitalize the Chicago Pedway, an underutilized civic asset that connects the public transit system and can provide a good way for people to get around Chicago’s downtown especially on cold winter ways.  The Pedway has been built in pieces connecting City Hall, the County Building, Thompson Center and the Cultural Center with CTA and Metra stations, Block 37, retail businesses and entertainment venues, commercial office buildings, and residential and hotel high-rises.

There’s a 5% leveraging 95% opportunity here:  95% of the work and cost has been incurred in building the underground Pedway system.  The civic opportunity is to provide better navigation and wayfinding/signage, better coordination that unifies the separate segments, and better activation with arts and entertainment to engage the public.

The Chicago Tribune’s editorial yesterday explains the potential for improvement, and some recent articles highlight both opportunities for engaging public art spaces and challenges with sanitation and wayfinding.  There have been a series of arts installations and performances, inviting passers-by to stop and experience the space as a destination of its own, rather than just a throughway.

ELPC and our partners at Broadway in Chicago and the Loop Alliance are working to coordinating the many public and private stakeholders. The Pedway is a resource that has already been built, it already serves tens of thousands of Chicagoans and tourists every day, and it connects pedestrians and public transit. As the Chicago Tribune editorial puts it well:  Let’s “bring some magic to Chicago’s Pedway — or at least some maps!”

Check out ELPC’s Pedway Revitalization Map, or the full report to see ELPC’s vision for making the Pedway much better.  Please support ELPC’s efforts to revitalize the Chicago Pedway. Donate to ELPC here, or join our email list for updates on this and other Midwest environmental issues.

Michigan approves first electric vehicle charging infrastructure program

FOR IMMEDIATE RELEASE

CONTACT: Nick Dodge, Byrum & Fisk Communications, (517) 333-1606

Judith Nemes, Environmental Law & Policy Center, (312)-795-3706

Michigan approves first electric vehicle charging infrastructure program

Michigan Public Service Commission approves PowerMiDrive initiative to advance charging infrastructure in Michigan

LANSING – Michigan’s first electric vehicle charging infrastructure program, Consumers Energy’s PowerMiDrive initiative, was approved today by the Michigan Public Service Commission (MPSC). Charge Up Midwest, a coalition of organizations working to advance electric vehicles throughout the Midwest, worked closely with Consumers Energy and the MPSC as the pilot program was developed, and contributed to the proposed settlement agreement that preceded the MPSC’s order.

“We applaud the Public Service Commission and Consumers Energy for taking this important first step to advance electric vehicles in Michigan and keep our state on the cutting-edge of the rapidly changing mobility sector,” said Charles Griffith, climate and energy program director at the Ecology Center. “This program is the first of its kind in Michigan and will promote buildout of charging infrastructure, which is one of the key challenges facing electric vehicle advancement in Michigan.”

The PowerMiDrive pilot program has been in development for more than two years. Today’s decision at the MPSC is the culmination of a stakeholder workgroup process facilitated by the MPSC. The decision approves the initiation of a $10 million, three-year pilot program to support installations of EV charging infrastructure at homes and residences, multi-unit dwellings, workplaces, and other public locations, as well as fast-chargers along highway corridors. The program will utilize rebates and consumer education to encourage program participation, and encourage “off-peak” charging through the incorporation of time-of-use rates.  Today’s decision allocates an additional $2.5 million for the program from what was originally proposed by Consumers Energy.

“We want to make sure that the benefits of electric vehicles are available to everyone, including folks in apartment buildings or anyone that doesn’t own their own garage,” said Mark Nabong, senior attorney at the Natural Resources Defense Council. “Consumers’ new program can help more people access electric cars as a clean, cheaper alternative to gasoline cars.”

Consumers Energy is not the only utility company with proposals to expand electric vehicle charging. DTE Energy currently has a $13 million pilot program for consideration before the MPSC. Michigan’s two major utility companies are taking significant steps to promote EV charging infrastructure in the state, and if DTE Energy’s proposal is approved, Michigan will have the most forward-looking electric vehicle charging program in the Midwest.

“Today’s decision puts Michigan on the road to cleaner air and a smarter grid by improving drivers’ access to our cleanest and cheapest fuel—electricity,” said Joe Halso, associate attorney with the Sierra Club.  “We look forward to more work with the Commission, Consumers Energy and stakeholders to implement PowerMIDrive and position Michigan as a leader when it comes to planning for an electric vehicle future.”

“The MPSC’s decision is a major win for Michigan utility customers who will benefit with lower rates because more charging will occur at night,” said Robert Kelter, senior attorney at the Midwest-based Environmental Law & Policy Center.

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Charge Up Midwest is a partnership of environmental and clean energy organizations actively working to increase electric vehicle deployment throughout the region in Illinois, Missouri, Michigan, Minnesota, and Ohio. Visit www.ecocenter.org/charge-midwest to learn more.

 

Chicago Tribune Editorial: Should the Illinois Tollway keep spending this $25 million?

Should the Illinois Tollway keep spending this $25 million? 

By Editorial Board

Northern Illinois has its share of public works projects that have languished in the “planning stages” for years without ever seeing an inaugural bucket of concrete poured. Millions spent, nothing delivered. A third airport in Peotone comes to mind. So do the Iliana toll road and, for those with long memories, the Crosstown Expressway proposal of the 1960s and ’70s.

You probably can put the Route 53 extension on the same dusty shelf. Proposals for an expressway that would extend Route 53 into Lake County stretch back to the 1960s.

But now the Chicago Metropolitan Agency for Planning, the arbiter over which transportation projects get whatever federal funding is available for the region, has taken the Route 53 extension off of its priority list. When you say “no federal funding,” you’ve said a lot.

Unbowed, the Illinois Tollway is forging ahead with a $25 million environmental study launched last year to help officials determine if the proposed toll road is needed to handle growth in Lake, northern Cook and eastern McHenry counties. The 25-mile extension would link up Arlington Heights in Cook County to Grayslake in Lake County, and widen a stretch of Route 120.

So while the already dim prospects for the project have grown ever dimmer, the Illinois Tollway is still spending the $25 million. Why?

Tollway officials say they hope this study will help bring finality to a half-century debate: Should this project be built or not? The officials say the study is examining a wide geographic area and not just the Route 53 corridor. Conceivably, the Route 53 extension or some other notion — improved arterial roads? — could emerge as a potential solution for the area’s traffic snarls. CMAP then could return the Route 53 extension or a replacement project to its priority list.

The question is whether those two “coulds” justify continuing to spend the $25 million. The Tollway by itself arguably can provide all the finality it wants: If CMAP is downgrading this idea, we’re finished spending money on it.

The Tribune’s Mary Wisniewski quotes former Tollway Director Bill Morris, of Grayslake, as calling the agency “irresponsible” for spending millions of dollars on yet another environmental study. Last year the U.S. Public Interest Research Group, a consumer advocacy organization, listed the Route 53 project, which if ever built would carry a price tag of $2.65 billion, on its roster of the nation’s most wasteful highway boondoggles.

Still, the proposed extension has always had influential friends. They include the Illinois Economic Policy Institute, a think tank whose board members represent the construction industry and labor unions — entities that stand to profit if the extension ever gets built. Proponents of the extension argue it would bring jobs and commerce to Lake County.

But for now the proposal to extend Route 53 is going nowhere.

Here’s free-of-charge advice for the directors of the Tollway:

Your chairman, Bob Schillerstrom, says the environmental study is in its early stage. Yes, your staff sincerely thinks spending this $25 million could — emphasis ours — eventually lead to some project that CMAP would rule eligible for federal funding. But to those of us who pay the tolls, that sounds like a $25 million hope that the study will justify spending gazillions on new concrete.

With all of that, why not give the Route 53 extension — or any new derivative of it — a well-deserved rest? Why not declare any such project comatose for now? Why not revive it if and when the localities involved agree on whatever road improvements they desire?

And why not admit that continuing to spend the $25 million doesn’t bring finality to this long debate. It only perpetuates it.

Iowa DOT announces more than $3 million in available funding for electric school buses

November 26, 2018

FOR IMMEDIATE RELEASE:

Kerri Johannsen, 515-244-0123 ext. 208

Peter Gray, 312-629-9400

Iowa DOT announces more than $3 million in available funding for electric school buses

Iowa school districts can apply now for VW settlement funding to purchase electric school buses

DES MOINES, IA — Iowa school children may soon breathe easier thanks to $3.15 million in funding for cleaner school, shuttle, and transit buses recently announced by the Iowa Department of Transportation. School districts that apply by Jan. 18 will be eligible to receive funding.

Iowa DOT is accepting grant applications for the first round of funding created by the Volkswagen Diesel scandal lawsuits. Iowa will receive a total of approximately $21 million to replace dirty diesel vehicles and equipment as a result of the settlements.

While multiple bus technologies are eligible for funding, the Environmental Law & Policy Center and the Iowa Environmental Council advocated for the funds to be used for electric school buses because they will create long-term savings for taxpayers while protecting children’s health and reducing air pollution. The operating cost of electric school buses is roughly half that of diesel buses due to lower fuel and maintenance costs. Investing VW settlement funds in electric buses will advance this emerging vehicle technology and help Iowa jump-start the transition to a cleaner transportation system.

Pollution from school buses has been shown to negatively affect children’s health and is a major source of school children’s exposure to black carbon. Diesel exhaust exacerbates asthma, the most common chronic health condition among U.S. children.

“Electric school buses make sense for our children’s health and our school districts’ budgets,” said Steve Falck, senior policy advocate for the Environmental Law & Policy Center. “The Department of Transportation is making a smart move by helping put electric school buses on the road in Iowa.”

“School districts want the savings and clean air benefits that electric school buses create,” said Kerri Johannsen, energy program director with the Iowa Environmental Council. “This first round of funding will kick-start a new technology that creates long-term savings for Iowa communities.”

Multiple states are piloting programs that use electric school buses as a source of flexible energy storage to improve electric grid stability. Across the Midwest, more than $20 million in funding for electric school buses has been announced — Illinois, Indiana, Michigan and Ohio have all dedicated funds from the VW settlement to invest in electric school buses. Information on the Iowa funding opportunity is available at the program website, https://www.iowadot.gov/vwsettlement.

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The Environmental Law and Policy Center (ELPC) is the Midwest’s leading public interest environmental legal advocacy organization. We develop and lead successful strategic environmental advocacy campaigns to protect our natural resources and improve environmental quality. Our multi-disciplinary staff employs a teamwork approach using legal, economic analysis, public policy advocacy and research, and communications tools to produce successes that improve both our environment and our economy. Learn more at ELPC.org.

The Iowa Environmental Council (IEC) is an alliance of diverse organizations and individuals working together to protect Iowa’s natural environment. Founded in 1995, it is the largest and most comprehensive environmental coalition in the state. Through education, advocacy and coalition building, the Council raises awareness, generates action and creates large-scale change that makes Iowa a better place to live, work and explore. Learn more at iaenvironment.org.

6 Reasons Why this Tax is a Crummy Way to Improve Illinois’ Roads and Bridges

6 Reasons Why this Tax is a Crummy Way to Improve Illinois’ Roads and Bridges

The political rhetoric on a possible new vehicle miles traveled (VMT) tax begs the question of whether or not this makes good sense on the merits. It doesn’t. The VMT tax is not a sound or fair way to fund Illinois’ transportation infrastructure.

Current gas tax revenues are insufficient to meet Illinois’ infrastructure needs. Oil companies, the trucking industry and a few politicians propose raising more revenues by shifting from gas taxes to VMT taxes, which charge drivers based on how many miles they travel. This would require installing a new onboard tracking device in every vehicle, and a new state bureaucracy to calculate taxes owed and assign revenues to appropriate jurisdictions.

If Illinois legislators believe that more funding is needed for infrastructure investments, then raising the gas tax is fairer, simpler and better policy. Twenty-seven states, including Indiana, Iowa and Michigan, have raised or reformed their gas taxes since 2013. Gas and other motor fuel taxes are: easily administered with existing mechanisms; capture revenues from out-of-state drivers who use Illinois roads so they pay their fair share for repairs and improvements, and effectively price carbon pollution while incentivizing cleaner cars that provide air quality improvement benefits for everyone. Here’s why the VMT tax doesn’t work well for Illinois.

First, a state VMT tax is unfair for “crossroads” states, like Illinois, with interstate highways used by millions of out-of-state drivers. Changing to VMT taxes would give a free ride to out-of-state motorists who now pay Illinois gas taxes to maintain the Illinois highways that they use. Why would Illinois policymakers want Illinois drivers to subsidize highway use for out-of-state motorists?

Second, current gas taxes are simple to administer at the pump and can be adjusted using existing mechanisms. The VMT tax would instead require installing new technology in personal cars and a costly new bureaucracy.

Third, the VMT tax would penalize modern new clean hybrid and electric vehicles that pollute much less than old internal combustion engine and diesel vehicles. These cleaner cars produce air quality, public health and other environmental quality benefits for everyone. With federal tax credits incentivizing purchases of electric vehicles, why create a new VMT tax system that charges people more?

Fourth, gas taxes price carbon to discourage greenhouse gas pollution and promote solutions. If you’re driving fuel efficient, low-polluting cars like the Chevy Bolt, Ford Focus, Nissan Leaf or Toyota Prius, then you’d pay the same VMT tax as someone driving a highly-polluting gas guzzler. Illinois won’t face a large erosion of gas tax revenues from electric vehicle market penetration for many years. There’s no real problem to solve now.

Fifth, heavy trucks that cause an extraordinary amount of road wear-and-tear could get off easy under VMT taxes. The Congressional Budget Office’s March 2011 report, in comparing gas taxes and VMT taxes, emphasized the disproportionately high road wear from trucks compared to miles driven: “Heavy trucks travel less than 10 percent of all vehicle miles, but their costs per mile are far higher than are those for passenger vehicles, and they are responsible for most pavement damage.”

Sixth, many people have sincere privacy concerns that VMT taxes require drivers to install tracking devices that enable governments to view their mileage, locations and time of travel. Pew Research’s February 2015 poll found that 67 percent of Americans said that “Not having someone watch you or listen to you without your permission” was “Very important” to them, with an additional 20 percent responding “Somewhat important.”

If legislators are reluctant to raise gas taxes, then why do they think VMT taxes would be any more popular? Illinois policymakers can support gas tax increases — as many states have already done — to improve transportation infrastructure. A VMT tax is the wrong tool to address Illinois’ transportation challenges.

This post originally ran in Crain’s Chicago Business. Read the article HERE

Sierra: Volkswagen’s Cheating Scandal Could Have a Silver Lining

August 29, 2018

Volkswagen’s Cheating Scandal Could Have a Silver Lining 
By Edward Humes

 

To the delight of environmental organizations and child health advocates, school bus replacement has emerged as an early favorite in a number of state plans. Tamara Dzubay, a clean energy specialist at the Environmental Law and Policy Center in Chicago, has been working with school districts in the Midwest for the past two years, encouraging them to apply for the VW funds. Dzubay says she and her colleagues looked for diesel-replacement projects that delivered the most in terms of pollution reduction, public health effects, cost-effectiveness over the life cycle of a vehicle, benefits to a vulnerable population (the VW-funded projects are supposed to have a social and environmental justice component, favoring populations that have historically suffered most from emissions), and market-transformation potential. She says that nothing hits all those criteria better than the electrification of the nation’s 480,000 mostly diesel-powered school buses.

“Electrifying school buses really stood out as the best opportunity,” she says. “It’s the largest fleet, more than two times that of transit buses and rail combined—it’s actually the largest category of mass transportation. And it’s also transporting the most vulnerable population. Kids are most susceptible to the negative health impacts of diesel pollution because their lungs are still developing. Those that ride school buses are exposed every single day.”

The market for electric school buses has lots of room to grow. Nationwide, there are now only 160 electric buses, at a cost per vehicle of $230,000 (including charging system) versus $109,000 for diesel buses. Dzubay says the electric school bus market is where electric transit buses were seven years ago. Increased sales have driven transit-bus prices down by 40 percent, so their lifetime costs are now several hundred thousand dollars lower than those of their diesel counterparts. Significant investments of VW money in electric school buses should drive their prices down in the same way, Dzubay says. And even at current prices, electric buses become cheaper than diesel 12 years into their 16-year life spans.

Clean buses could be even cheaper if the states coordinated their purchases, but spending has been fractured. Illinois plans to dedicate $10 million of its $109 million share to electric school buses; Missouri is setting aside $12 million out of $41 million for cleaner buses, with no fuel type specified. Oklahoma will spend 20 percent of its $21 million on nondiesel buses. California, which gets the largest payout from the mitigation trust—$423 million—is devoting $130 million to zero-emission buses of all types, with school buses receiving up to half that amount, according to the state’s draft plan.

READ FULL ARTICLE

Daily Herald: In Transit: App for Route 53 Extension Feedback Takes Flak

September 3, 2018

In Transit: App for Route 53 Extension Feedback Takes Flak 
By Marni Pyke

If the Founding Fathers had used Poll Everywhere at the Constitutional Convention in Philadelphia — would the final result be a better Constitution?

It might have depended on how fast they could type.

Illinois tollway consultants are using Poll Everywhere, a web-based audience participation system, at meetings with a group of local officials and others advising the agency on whether to extend Route 53 into Lake County.

The question has roiled Lake County for years, dividing residents over weighty problems like right of way, traffic, pollution and cost.

At a meeting Thursday, those divisions extended to use of the smartphone app to conduct the meeting, with some opponents of the new highway saying the technology is silencing their voices.

“I am extremely frustrated with how the tollway has engaged the stakeholders overall,” said Mayor Joseph Mancino of Hawthorn Woods, which could be bisected by a Route 53 extension. “Not only is the application unstable at best, it severely limits our input and quite frankly is a bit insulting to the stakeholders who are forced to use it.”

The tollway “wants to be able to parse through and say, ‘this is what people said,’ but that’s not what you do at a meeting where you want to have stakeholder participation,” stakeholder and Environmental Law and Policy Center chief Howard Learner said.

 

READ FULL ARTICLE

Ohio Nuclear Plant Decommissioning, Clean Car Standards, Route 53 Tollway Extension in Lake County, IL., & EPA Ozone Non-Attainment Standards

ELPC Breaking News – Actions and Decisions on Multiple Fronts – Ohio Nuclear Plant Decommissioning, Clean Car Standards, Route 53 Tollway Extension in Lake County, IL, and EPA Ozone Non-Attainment Standards

To ELPC Colleagues and Supporters:  There is a lot happening – fast – at ELPC.  Four important actions yesterday on different fronts.  ELPC’s talented staff is drinking out of a firehose and playing to win.

  1. Good News on ELPC petition to the U.S. Nuclear Regulatory Commission challenging First Energy Solutions’ nuclear decommissioning shortfalls as the company is in bankruptcy. We just received word that ELPC’s 2.206 citizen petition cleared the first step of the NRC review process. The NRC’s Petition Review Board (PRB) met and decided to accept our petition for review.   Notably, they accepted ELPC’s petition in entirety—no parts of it were rejected.  The next step is for the PRB to substantively review the petition and come up with recommendations for action, which it will send to the Director.  The Director ultimately makes the final decision on what actions, if any, the NRC will take against the licensee.   Kudos to ELPC attorneys Andrene Dabaghi and Margrethe Kearney.

 

  1. Bad News:  The Trump Administration announced its misguided attempt to rollback federal clean cars standards and (probably unconstitutional) attempt to constrain California’s and 12 other states’ “waiver” to adopt strong state standards.  As the transportation sector has passed the energy sector for carbon pollution in the United States, the federal and state fuel efficiency standards are vital to save consumers money at the gas pump, drive technological innovation in vehicle manufacturing to keep American manufacturing competitive, gain manufacturing jobs of the future for American workers, reduce American imports of foreign oil and avoid pollution.  ELPC will be among the lead groups nationally challenging the proposed new weaker DOT/EPA clean car standards in both the court of law (comments to US Dept. of Transportation and, then, likely litigation in the federal courts) and in the court of public opinion.  Please see ELPC press release criticizing this Trump Administration regulatory rollback.  (“Trump Administration Reboot of Fuel Economy and Pollution Standards is a Misguided Step Backwards While Global Competitors Keep Moving Forward”).   ELPC Senior Law Fellow Janet McCabe and ELPC Executive Director Howard Learner will be doing a “breaking news” briefing via conference call for ELPC colleagues, donors and friends today at 10:00 am. (Register to join the briefing if you’d like.)

 

  1. ELPC and ten environmental and civic group partners are fighting back and winning against the Illinois Tollway Authority’s attempt to short-circuit and play “hide the ball” on the NEPA Environmental Impact Statement (EIS) process for the economically unsupportable and environmentally destructive Route 53 Tollway Extension in Lake County. As ELPC Board Chair Harry Drucker put it, this “zombie” bad tollway proposal keeps coming back.  While the Chicago Metropolitan Agency for Planning is moving to put on the brakes by downgrading the proposed Route 53 Tollway Extension in Lake County from a priority project to non-priority status, the Illinois Tollway Authority is spending $25 million to accelerate the EIS process.  On Wednesday, ELPC attorneys Howard Learner and Rachel Granneman and partners sent a letter to the Illinois Tollway Authority challenging the legality of the EIS process, and yesterday, the Illinois Tollway Authority backed off, saying that would extend the comment period on the EIS scoping comments to late September.  Please see Greg Hinz’s good article in Crain’s Chicago Business here and pasted below.

 

  1. New ELPC Litigation to Protect Healthier Clean Air in Illinois, Indiana and Wisconsin:  ELPC and the Respiratory Health Association (RHA) yesterday sued the U.S. Environmental Protection Agency in U.S. Court of Appeals for the D.C. Circuit, challenging the EPA’s final ozone air health standard rule, published in June 2018, that excluded certain areas in Illinois, Indiana and Wisconsin from the Chicago, Milwaukee and St. Louis “non-attainment” areas that have smog levels above the 2015 ozone standard.  ELPC’s press release explains:  “EPA has sadly disregarded the plain facts and sound science in making these designations,” said Howard Learner, ELPC’s Executive Director. “EPA has not followed the letter or the spirit of the Clean Air Act and has excluded areas involving unhealthy air quality for millions of Midwesterners.  Cleaner air is essential to public health and a strong economy in our region.”   The Clean Air Act requires EPA to designate non-attainment areas in counties where air quality fails to meet federal health standards for ozone and where local air pollution contribute to unhealthy air quality. The states must then take steps to reduce emissions that cause smog.  In 2015, EPA issued a more protective ozone air health standard, which triggered a process to identify violating areas so that clean air planning could begin.  In the Chicago, Milwaukee and St. Louis areas, EPA originally proposed more comprehensive non-attainment areas, but then excluded certain areas in its June 2018 final decision in response to opaque last-minute requests from Governors Rauner and Walker.  ELPC attorneys Scott Strand and Rachel Granneman are litigating this case with policy and technical engagement from Janet McCabe.  Please see Michael Hawthorne’s good article in the Chicago Tribune here.

ELPC is fully engaged both on offense and defense to protect the Midwest’s environment, public health and vital natural resources.  Please let me know if you have any questions or suggestions.

Best wishes, Howard

Howard A. Learner

Executive Director

Environmental Law & Policy Center

 

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