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Industrial Farms Evade Modern Operating Standards

When describing a farm, many Americans might paint a picture of animals grazing in green fields along rows of wheat. While that pastoral serenity may have been a reality in the past, that picture no longer exists today. Instead, most American farms, renamed as “concentrated animal feeding operations” (CAFOs), stink of ankle-deep manure juxtaposed against the image of animal corpses that have not been removed for weeks.[1] CAFOs provide challenges for both animal rights and environmental lawyers. The unsanitary, unnatural, and inhumane conditions that farm animals are forced to endure negatively impacts the quality of water, air, and life of humans.[2]

Chicago Moves Forward in Clean Air Efforts, But Uncertainty Remains for Developers and Businesses

By Journal Editor

On November 30, 2021

In News & Announcements, Blog Posts

In 2019, Chicago’s average air quality index (AQI) was 52 (“moderate”).^[1] The Environmental Protection Agency (EPA) defines “moderate” air quality as acceptable air quality, but for some pollutants, there may be a moderate health concern to a small number of individuals.^[2] AQI ratings are calculated by weighing six key criteria pollutants for their risk to health: (1) ozone, (2) particulate matter, (3) carbon monoxide, (4) nitrogen dioxide), (5) sulfur dioxide, and (6) lead.^[3] Particulate matter includes both PM10 and PM2.5, which are the numbers referring to the particle’s diameter in micrometers.^[4]

Feds Pull Back Construction Permit After Environmental Justice Groups Sue

By Journal Editor

On November 23, 2020

In News & Announcements

The U.S. Army Corps of Engineers (“Corps”) made a last-minute recall of a permit given to Formosa Plastics for the construction of a new petrochemical plant along the Mississippi River in St. James Parish, Louisiana.[1] The Corps explained in a recent court filing that “[d]urging its review of the permit, it has now come to the Corps’ attention that an element of the permit warrants additional evaluation.”[2] The motion came just a day before the court’s deadline for the agency to file its cross-motion for summary judgment.

Environmental advocacy groups and local residents had been pressing the Corps to deny Formosa the permit, arguing construction of the petrochemical plant would exasperate the public health concerns in St. James Parish.[3] The area is predominantly black and low-income; the per capita income is about 40% lower than the national average.[4]

Consent Decree Requires EPA to Comply with Clean Air Act Obligations

By Journal Editor

On November 1, 2020

In News & Announcements, In the News

A California federal court recently approved an agreement between the United States Environmental Protection Agency (“EPA”) and the Center for Biological Diversity (the “Center”) that requires EPA to take affirmative steps to ensure that eight states have plans in place to reduce emissions from their oil and gas extraction areas as mandated by the Clean Air Act (“CAA” or “Act”).[i]

Emphasizing health hazards like asthma and reduced lung function that can develop in people who endure prolonged exposure to ground-level ozone (i.e., smog), the Center noted that the agreement will likely improve the health of residents who live closest to the extraction areas.[ii] The Center estimates that as many as 70 million people live in these areas and are at the greatest risk of exposure to harmful asthma-causing smog from oil and gas extraction operations.[iii]

California Governor’s Executive Order Pushes Phase-Out of Gas-Powered Cars by 2035

By Journal Editor

On October 8, 2020

In News & Announcements, In the News, Blog Posts

On September 23, California Governor Gavin Newsom issued an executive order (“Order”) directing that “all new cars and passenger trucks sold in California be zero-emission vehicles by 2035.”[1] The order’s public announcement emphasizes concern over smog and toxic diesel emissions and notes that half of California’s carbon pollution originates from the transportation sector.[2] The Order prioritizes deploying zero emissions technologies to “reduce both greenhouse gas emissions and toxic air pollutants that disproportionately burden our disadvantaged communities of color.”[3]

Chicago-Kent Journal of Environmental and Energy Law

Tag: Clean Air Act