Archive for December, 2009

PFOA update: EPA moves to set stage for regulations

Wednesday, December 30, 2009

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Word just in today that a federal appeals court has declined to consider DuPont Co.’s appeal of a district judge’s decision that allowed New Jersey residents to pursue claims of private nuisance and strict liability as class-action suits against the chemical giant.

The 3rd U.S. Circuit Court of Appeals rejected the company’s request that it overturn the earlier ruling by U.S. District Judge Renee Marie Bumb. residents are suing DuPont over contamination of their drinking water with ammonium perfluorooctanoate, or PFOA, also known as C8.

But the bigger C8  news today comes from Washington, D.C., where the U.S. Environmental Protection Agency announced its “action plans” for dealing with the growing concerns over four classes of chemicals, including perfluorinated chemicals such as PFOA. EPA Administrator Lisa Jackson had promised these action plans back in late September, when she announced her agency was stepping up efforts to address the dangers of toxic chemicals and seeking to reform the Toxic Substances and Control Act.

EPA said it “plans to consider initiating rulemaking” under TSCA section 6, which it said “provides authority for EPA to ban or restrict the manufacture (including import), processing and use of these chemicals.

But it appears no such proposals will be forthcoming from EPA until 2012. A summary of EPA’s action plan on perfluorinated chemicals  is available here and the entire document here. The action plan’s conclusion:

To date, significant adverse effects have not been found in general human population; however, significant adverse effects have been identified in laboratory animals and wildlife. Given the long half-life of these chemicals in humans (years), it can reasonably be anticipated that continued exposure could increase body burdens to levels that would result in adverse outcomes. Consequently, EPA intends to propose actions in 2012 under TSCA to address the potential risks from long-chain PFCs.

Secret meetings, Holiday Edition

Wednesday, December 30, 2009

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The folks at the Secretary of State’s office have published editions of the State Register for Dec. 23 and for today, Dec. 30, 2009.

And neither edition contains any meetings that violated the public notice requirements of West Virginia’s open meetings law.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.

Secret meetings, Dec. 18, 2009

Friday, December 18, 2009

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There’s a short list of meetings in today’s edition of The State Register, and all of them comply with the public notice requirements of the West Virginia open meetings law.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.

Matthew Leavitt speaks

Friday, December 18, 2009

Matthew Leavitt, who pleaded guilty to two federal misdemeanors and acknowledged in court that he wrongly arrested Lauren Reynolds for DUI and beat her husband Twan Reynolds with a slapjack, called in to MetroNews Talkline on WCHS Radio Thursday and said none of those things ever happened.

The interview is online here.

“There’s nothing more I can do than to state the fact that this didn’t happen,” he said. “The allegations that were made against me and my partner were stuff out of the movies, something you would expect out of a movie about a corrupt 1960s sheriff out of Mississippi. They were crazy.

“I just try to pick up what I got left and take care of my family and live my life as I always have. I just want to go on the record as saying I have no problems or issues with any race, sex, creed, color, religion. I believe in doing the right thing. That’s what I tried to do when I wore my badge,” Leavitt said.

When asked about other allegations, Leavitt said he figured there would be more charges coming.

“I’m sure if Mike Clifford and the insurance companies’ checkbooks have anything to do with it, yeah there’ll be a lot more allegations.” (more…)

What we’re reading: More on BPA; backlogged dockets

Thursday, December 17, 2009

Bisphenol A, that substance that lines cans and other food packaging and has been banned from baby bottles in Canada, has been found to affect the intestines of rats in a study at the National Institute of Agronomic Research in Toulouse, says a story from Agence France-Presse.  Dozens of studies for the past 10 years have linked BPA to problems such as breast cancer, obesity and early puberty. This time, researchers found that even low levels of BPA messed with the permeability of the intestinal lining. Rats exposed before birth had a higher risk of developing severe intestinal inflammation as adults.

Judges in New York may face disciplinary action for having backlogged dockets, the state’s top court ruled Tuesday, Oliver Mackson of the Times Herald-Record reported.

EPA: Toxic emissions down last year in W.Va.

Thursday, December 17, 2009

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Toxic pollution of West Virginia’s air and water dropped last year, according to the latest data made public by the U.S. Environmental Protection Agency.

Air emissions in 2008 dropped by 12 percent over 2007 figures and water discharges by nearly a third over that same period, according to data companies reported to EPA’s Toxics Release Inventory. Overall, statewide on-site releases and disposal of toxic chemicals dropped nearly 6 percent, according to the TRI data.

The new state-by-state TRI data for the 2008 calendar year is available on EPA’s Web site here.  This marks the first time in the more than 20-year history of the TRI program that EPA has released the pollution data in the same year that it was collected from industry. Typically, the public releases have always lagged a year or two behind data collection. Companies would file their TRI reports for a particular year the following July, and EPA would then compiled it and release it perhaps a year later.

West Virginia’s air emissions decrease mirrored the national numbers, which decresed by 14 percent. But nationally, surface water discharges of toxic chemicals increased by 3 percent, according to an EPA analysis of the nationwide figures.

DuPont sued again over PFOA pollution

Wednesday, December 16, 2009

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Another lawsuit has been filed against DuPont Co. over PFOA contamination of water supplies near the company’s Washington Works plant, this one by the Little Hocking Water Association.

I’ve posted a copy of the latest complaint, filed in federal court in Columbus, Ohio, here.  There was previous media coverage from Callie Lyons’ blog, Huntington News.net, and the Marietta Times.

The Little Hocking Water Association provides drinking water to about 12,000 people in Washington and Athens counties in Ohio, across the river from Parkersburg, W.Va., and the Washington Works plant.

(more…)

AP FOIA update: Supreme Court asked to reconsider

Tuesday, December 15, 2009

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Lawyers for The Associated Press have asked the West Virginia Supreme Court to reconsider its ruling that  blocked release of e-mails sent by former Justice Spike Maynard to Massey Energy President Don Blankenship.

The first sentence of the petition for rehearing says it all:

Because this court’s opinion stands for the perverse proposition that questions concerning a judge’s impartiality are none of the public’s business the AP seeks a rehearing.

I’ve posted a copy of the rehearing petition here. Previous coverage of this is available here and here.

What we’re reading: Educating Harlem; hacked emails; grieving families

Friday, December 11, 2009

Here’s our look at a few of the stories that caught our attention this week:

A teacher is trying to change the world for 10,000 children living in Harlem, with charter schools, on-site medical care, strict rules and even cash rewards. And he is having success, 60 Minutes reports.

Curtis Brainard of the Columbia Journalism Review discusses “Hacked E-mails and ‘Journalistic Tribalism’ and in the process provides one of the best discussions to date of the controversy over stolen electronic messages of some of the world’s leading climate change scientists.

An annual party for the families of homicide victims in Baltimore, intended to help survivors grieve, has outgrown its venue, the Baltimore Sun‘s Peter Hermann reports.

Secret meetings, Dec. 11, 2009

Friday, December 11, 2009

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Hey — it’s a great week for open government in West Virginia! There were no meetings listed in today’s edition of The State Register that violated the public notice requirements of West Virginia’s open meetings law.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.