ELPC in the News

Toledo Blade: Lake Erie Foundation Seeks to Join Landmark Lawsuit

Lake Erie Foundation Seeks to Join Landmark Lawsuit 
By Tom Henry

The 500-member Lake Erie Foundation is the latest group trying to become co-plaintiffs in a lawsuit calling upon Senior U.S. District Judge James G. Carr to order the most comprehensive cleanup strategy for western Lake Erie.

The foundation is a nonprofit formed in 2016 when Lake Erie Waterkeeper and the Lake Erie Improvement Association were combined.

In a document filed Tuesday in U.S. District Court, the group joined the cities of Toledo and Oregon in making a near-identical request to become co-plaintiffs in a lawsuit two groups — the Environmental Law & Policy Center and Advocates for a Clean Lake Erie — brought against the U.S. Environmental Protection Agency in 2017.

The latter two groups have contended all along that the U.S. EPA has not been living up to requirements for Lake Erie that were established by Congress under the federal Clean Water Act back in 1972.

 

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Toledo Blade: Toledo, Oregon Become Parties to ELPC Lawsuit against US EPA for Stronger Lake Erie Protections

Toledo, Oregon Push for Stronger Lake Erie Protections
By Tom Henry

Toledo and Oregon have become parties to a lawsuit filed by two groups that calls upon U.S. District Judge James G. Carr to order the most comprehensive cleanup strategy for western Lake Erie, known as a total maximum daily load.

The next court date is Aug. 21.

The U.S. Department of Justice, on behalf of the U.S. Environmental Protection Agency, is opposed.

The two plaintiffs, the Midwestern-based Environmental Law & Policy Center and the Toledo-based Advocates for a Clean Lake Erie, contend the federal Clean Water Act requires the highly aggressive TMDL cleanup strategy to be followed by the Ohio Environmental Protection Agency once the Kasich administration finally relented in March — after years of resistance — and declared western Lake Erie’s open waters to be impaired.

They want the judge to impose a TMDL order on the U.S. EPA, with the understanding the federal agency would then require the Ohio EPA to carry out the program.

Toledo’s decision to get involved dates back to May 1, 2017, a day before Mayor Wade Kapszukiewicz announced his candidacy for that office.

During an all-day tour of southeast Michigan factory farms, Mr. Kapszukiewicz, a Democrat, told The Blade there were two things he would do if elected: First, call for the impairment status and, second, have Toledo assist the two plaintiffs in their lawsuit.

He never had to call for the impairment status once elected because former Mayor Paula Hicks-Hudson — a Democrat who had long sided with the Kasich administration on that issue — had a sudden change of heart last September, weeks before the election, after a thick blanket of algae appeared in downtown Toledo just as ProMedica was preparing for a major regatta near Promenade Park.

“I campaigned on cleaning up the lake and we are following through on that today by filing this motion,” Mr. Kapszukiewicz said in his prepared remarks Friday, referring to a court filing known as an amicus brief.

“We need to hold the nonpoint sources accountable and this is one way we can do it. We support the efforts of the Environmental Law & Policy Center, Advocates for a Clean Lake Erie, and Mike Ferner, who has pushed for years to get tougher regulations for polluters,” the statement said.

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The Blade: U.S. EPA Accused of Procedural ‘Sleight-of-Hand’ over Western Lake Erie Algae Cleanup Strategy

U.S. EPA Accused of Procedural ‘Sleight-of-Hand’ over Western Lake Erie Algae Cleanup Strategy
By Tom Henry

In the latest volley of a high-stakes lawsuit that could affect the future of western Lake Erie, the U.S. Environmental Protection Agency is being accused of playing games and “once again engaging in [a] procedural sleight-of-hand” while also letting the state of Ohio give “lip service” to the idea that it’ll someday enact the most aggressive cleanup strategy.

The accusations were leveled in a U.S. District Court brief filed Tuesday by the Environmental Law & Policy Center and its co-plaintiff, Advocates for a Clean Lake Erie.

The two groups, through its lawsuit against the U.S. EPA, forced the Ohio EPA earlier this year to designate western Lake Erie as impaired under the federal Clean Water Act, ending the Kasich administration’s years of resistance on behalf of agriculture. They have implored Senior U.S. District Judge James G. Carr of Toledo to stick with the case so the designation does not just become symbolic.

Madeline Fleisher, an ELPC attorney based in Columbus, stated in the opening line of her brief that the U.S. EPA “is once again engaging in [a] procedural sleight-of-hand in an attempt to obscure the substance of this case,” almost echoing an admonishment the judge made in a 25-page order back in April when he accused the two regulatory agencies of botching the Lake Erie impairment controversy and, at one point, accused the U.S. EPA of demonstrating a “whiff of bad faith.”

 

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Bismarck Tribune: Construction Begins on Davis Refinery Site

Construction Begins on Davis Refinery Site
By Mike McCleary

Meridian Energy Group announced Tuesday it is starting site construction for the Davis Refinery near Theodore Roosevelt National Park, a project that still faces legal challenges.

A Meridian spokesman said civil construction and site work began Monday at the site near Belfield.

Initial construction activities will include installing erosion control devices, stormwater pond development and other site grading.

Meanwhile, the National Parks Conservation Association, the Dakota Resource Council and the Environmental Law & Policy Center are challenging the health department permit in a lawsuit filed last week. The groups argue that Meridian underestimates what the refinery’s emissions will be and claim the health department’s monitoring and testing requirements are inadequate to ensure compliance with the permit.

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Chicago Tonight: How Healthy is Lake Michigan? A Checkup on the Great Lakes

How Healthy is Lake Michigan? A Checkup on the Great Lakes
By Nicole Cardos

When it comes to the health and maintenance of Lake Michigan, some environmentalists, property owners and even surfers have expressed their concerns.

Some of those concerns: toxins, the Foxconn deal in Kenosha and rising lake levels.

“Last year, the amount of water released from Lake Superior into lakes Michigan and Huron was the highest in 32 years,” the story states.

But that transfer of water is also due to the fact that Lake Superior is geographically higher than lakes Michigan and Huron, said Howard Learner, president and executive director of the Environmental Law and Policy Center. On top of that, Lake Michigan is self-contained.

“Huron has an outlet and water makes its way to Erie,” Learner said. “Michigan is a big bathtub.”

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Bismarck Tribune: Appeal Challenges Davis Refinery Air Quality Permit

Appeal Challenges Davis Refinery Air Quality Permit
By Amy Dalrymple

The National Parks Conservation Association and two other groups filed an appeal Thursday challenging an air quality permit for an oil refinery proposed near Theodore Roosevelt National Park.

The appeal filed in Southwest Judicial District Court challenges the North Dakota Department of Health’s finding that the Davis Refinery would be classified as a synthetic minor source of air pollution.

The complaint argues the refinery being developed by Meridian Energy near Belfield should be classified as a major source of air pollution, which would require a more rigorous regulatory review.

Stephanie Kodish, clean air program director for the National Parks Conservation Association, said the Davis Refinery lacks necessary safeguards to minimize pollution and protect the air quality in the national park, which is 3 miles away.

“National Parks Conservation Association refuses to stand by and allow Meridian Energy Group to pollute the air within and surrounding Theodore Roosevelt National Park with its proposed oil refinery,” Kodish said in a statement.

The Dakota Resource Council and the Environmental Law & Policy Center joined the NPCA in filing the appeal, which seeks a court to reverse the health department’s decision and send it back to the agency for further review.

The appeal argues that Meridian Energy underestimates what the emissions will be and claims the health department’s monitoring and testing requirements are inadequate to ensure compliance with the permit.

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ELPC named the 2018 Regulatory Champion of the Year by Interstate Renewable Energy Council

 (San Francisco, CA) – During an awards ceremony at Intersolar North America, the Interstate Renewable Energy Council (IREC) today honored its 2018 3iAward recipients, celebrating the nation’s best innovation, ingenuity and inspiration in renewable energy and energy efficiency. The winners are based on a prestigious annual national search.

“Today, we’re proud to recognize our 2018 IREC 3iAward recipients – among the nation’s most extraordinary people, projects and programs making a sustainable energy future a reality,” said IREC Board Chair Larry Shirley.

“Their work is setting new standards – creating solutions to today’s complex renewable energy and energy efficiency challenges – changing communities and our national energy landscape in the process,” added Ken Jurman, IREC board member and chair of the 3iAwards Committee.

“As we honor their achievements, IREC celebrates its 36th year,” Shirley said. “We are more proud than ever of our own history, leading transformative policies and practices that allow millions more Americans to benefit from clean renewable energy.”

Regulatory Champion of the Year
Environmental Law & Policy Center, Chicago IL

Where Midwest regulatory reform issues call for talented public interest environmental entrepreneurs, you’ll find the Environmental Law and Policy Center. Since 1993, ELPC has been improving the quality of life in Midwest communities, now with offices in nine states. Nowhere is ELPC’s handiwork more apparent than in the Illinois Future Energy Jobs bill and the Illinois Power Agency’s Long Term Renewable Resources Procurement Plan, both of which will help usher in new wind and solar projects. ELPC has played a pivotal role advancing community solar and interconnection reform in Illinois, Iowa and most recently Minnesota, where consumers and communities experienced major backlogs, delays and costs to connect community solar projects to the grid. Along with IREC and Fresh Energy, ELPC successfully petitioned the Minnesota Public Utility Commission for more transparent, nationally consistent interconnection standards. New common-sense interconnection standards now lay the foundation for more Midwesterners to benefit from clean energy for years to come.

Solar Novus Today: National 3iAward Winners Announced by IREC at Intersolar North America

July 11, 2018

National 3iAward Winners Announced at Intersolar North America

During an awards ceremony at Intersolar North America, the Interstate Renewable Energy Council (IREC) today honored its 2018 3iAward recipients, celebrating the nation’s best innovation, ingenuity and inspiration in renewable energy and energy efficiency. The winners are based on a prestigious annual national search.

“Today, we’re proud to recognize our 2018 IREC 3iAward recipients – among the nation’s most extraordinary people, projects and programs making a sustainable energy future a reality,” said IREC Board Chair Larry Shirley.

“Their work is setting new standards – creating solutions to today’s complex renewable energy and energy efficiency challenges – changing communities and our national energy landscape in the process,” added Ken Jurman, IREC board member and chair of the 3iAwards Committee.

Regulatory Champion of the Year

Environmental Law & Policy Center, Chicago IL

Where Midwest regulatory reform issues call for talented public interest environmental entrepreneurs, you’ll find the Environmental Law and Policy Center. Since 1993, ELPC has been improving the quality of life in Midwest communities, now with offices in nine states. Nowhere is ELPC’s handiwork more apparent than in the Illinois Future Energy Jobs bill and the Illinois Power Agency’s Long Term Renewable Resources Procurement Plan, both of which will help usher in new wind and solar projects. ELPC has played a pivotal role advancing community solar and interconnection reform in Illinois, Iowa and most recently Minnesota, where consumers and communities experienced major backlogs, delays and costs to connect community solar projects to the grid. Along with IREC and Fresh Energy, ELPC successfully petitioned the Minnesota Public Utility Commission for more transparent, nationally consistent interconnection standards. New common sense interconnection standards now lay the foundation for more Midwesterners to benefit from clean energy for years to come.

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Energy News Network: Iowa Utilities Unveil Scaled Back Efficiency Plans Under New State Law

Iowa Utilities Unveil Scaled Back Efficiency Plans Under New State

By Karen Uhlenhuth

Iowans will lose access to home energy audits, insulation rebates, and light bulb discounts under new five-year efficiency plans proposed by utilities.

The plans, filed with the Iowa Utilities Board before a Monday deadline, are the first since a new state law capped the amount of money that utilities spend on the programs. The result is “a huge step back” for energy efficiency in the state, according to clean energy advocates.

MidAmerican Energy and Interstate Power & Light, an Alliant Energy subsidiary, emphasized the bill reductions most customers will see under the plans, but critics predicted those cuts will eventually be absorbed by the cost of new investments to meet growing energy use in the state.

“These plans are significantly smaller and leave significant energy-efficiency savings on the table, even more than in the past,” said Josh Mandelbaum, an attorney for the Environmental Law & Policy Center in Des Moines.

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MPR News: Line 3 Still has Regulatory Ground to Plow Before Bringing in Bulldozers

July 10, 2018

Line 3 Still has Regulatory Ground to Plow Before Bringing in Bulldozers

By Elizabeth Dunbar

Before Enbridge Energy can bring in the bulldozers and backhoes to build its Line 3 pipeline across northern Minnesota, it still has to go through more months of regulatory scrutiny.

The project took a big step forward late last month when it won approval from the Minnesota Public Utilities Commission after nearly four years of review — but it was by no means the last hurdle the controversial project faces. Gov. Mark Dayton’s office has tallied 29 more approvals needed before construction can start.

And even if Enbridge gets all of those permits approved by state agencies, county governments and federal regulators, there’s still the likelihood that one or more decisions will be challenged in court.

“Patience is a virtue in advocacy for large-scale infrastructure projects and large-scale natural resource development projects,” said Nancy Norr of Jobs for Minnesotans, a group that supports Line 3.

The company expects the bulk of the permits will be in hand by Nov. 1, according to Guy Jarvis, executive vice president for pipelines and projects at Enbridge.

“Once you have all that, it’s still several months of mobilization before you’re actually out doing significant construction,” he said, predicting that construction could start in early 2019.

The first thing on Enbridge’s to-do list is filling in the details on an agreement with the PUC to adhere to certain conditions. That includes a plan for paying for cleanup, should the new pipeline spill, and offering jobs to Native American contractors. Those details are due next week, and project opponents say they’ll be heavily scrutinized.

“We still have a long way to go at the PUC,” said Scott Strand, the attorney representing Friends of the Headwaters. He says once the conditions are clarified, groups opposing Line 3 can ask for reconsideration, and can also ask the Minnesota Court of Appeals to review the decision.

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