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Ministers lose appeal against Yorkshire anglers’ river pollution ruling

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Wednesday, April 2, 2025

A group of anglers trying to restore the ecosystem of a river have seen off a challenge by the environment secretary, Steve Reed, who claimed that cleaning up their waterway was administratively unworkable.Reed took an appeal against a group of anglers from North Yorkshire, who had won a legal case arguing that the government and the Environment Agency’s plans to clean up the Upper Costa Beck, a former trout stream devastated by sewage pollution and runoff, were so vague they were ineffectual.The environment secretary decided, after Labour won the election last year, to continue the challenge which had begun under the previous Conservative government.On Wednesday, the appeal court found in favour of the anglers, the Pickering Fishery Association.The judges dismissed Reed’s argument that it is administratively unworkable to develop specific measures to clean up individual rivers, lakes and streams as is required by law under the Water Framework Directive – legislation which aims to improve the quality of rivers, lakes and coastal waters.Andrew Kelton, solicitor from Fish Legal which represented the anglers, said: “This case goes to the heart of why the government has failed to make progress towards improving the health of rivers and lakes in England.“Only 16% of waterbodies – 14% of rivers – are currently achieving ‘good ecological status’, with no improvement for at least a decade, which comes as no surprise to us having seen how the Environment Agency at first proposed, but then for some reason failed to follow through with, the tough action needed against polluters in this case.”He said the Upper Costa Beck was just one of 4,929 waterbodies, but was a case study in regulatory inaction in the face of evidence of declining river health.The Costa Beck is failing to achieve good ecological status under the Water Framework Directive regulations partly because of sewage pollution and runoff from farms.The anglers, who have spent more than 10 years trying to get the authorities to clean up the river, took the government and the EA to court in an attempt to force action. They successfully argued that the plan by the Department for Environment, Food and Rural Affairs and the EA to improve the stream lacked the legally required measures necessary to restore it – for example, it did not include the tightening of discharge permits for sewage treatment works.The judge in the high court found that the government had unlawfully failed to assess and identify specific measures to achieve the legally mandatory targets for the waterbody. That ruling was on Wednesday upheld by the appeal court.Penelope Gane, head of practice at Fish Legal, said Reed could now show a real commitment to restoring rivers and lakes.“What we need is meaningful action to clean up rivers,” she said. “Anything short of that will be a tacit admission that the government has abandoned its environmental ambitions for water.”Defra have been approached for comment.

Appeal court finds in favour of Pickering Fishery Association members who wanted river to be cleanedA group of anglers trying to restore the ecosystem of a river have seen off a challenge by the environment secretary, Steve Reed, who claimed that cleaning up their waterway was administratively unworkable.Reed took an appeal against a group of anglers from North Yorkshire, who had won a legal case arguing that the government and the Environment Agency’s plans to clean up the Upper Costa Beck, a former trout stream devastated by sewage pollution and runoff, were so vague they were ineffectual. Continue reading...

A group of anglers trying to restore the ecosystem of a river have seen off a challenge by the environment secretary, Steve Reed, who claimed that cleaning up their waterway was administratively unworkable.

Reed took an appeal against a group of anglers from North Yorkshire, who had won a legal case arguing that the government and the Environment Agency’s plans to clean up the Upper Costa Beck, a former trout stream devastated by sewage pollution and runoff, were so vague they were ineffectual.

The environment secretary decided, after Labour won the election last year, to continue the challenge which had begun under the previous Conservative government.

On Wednesday, the appeal court found in favour of the anglers, the Pickering Fishery Association.

The judges dismissed Reed’s argument that it is administratively unworkable to develop specific measures to clean up individual rivers, lakes and streams as is required by law under the Water Framework Directive – legislation which aims to improve the quality of rivers, lakes and coastal waters.

Andrew Kelton, solicitor from Fish Legal which represented the anglers, said: “This case goes to the heart of why the government has failed to make progress towards improving the health of rivers and lakes in England.

“Only 16% of waterbodies – 14% of rivers – are currently achieving ‘good ecological status’, with no improvement for at least a decade, which comes as no surprise to us having seen how the Environment Agency at first proposed, but then for some reason failed to follow through with, the tough action needed against polluters in this case.”

He said the Upper Costa Beck was just one of 4,929 waterbodies, but was a case study in regulatory inaction in the face of evidence of declining river health.

The Costa Beck is failing to achieve good ecological status under the Water Framework Directive regulations partly because of sewage pollution and runoff from farms.

The anglers, who have spent more than 10 years trying to get the authorities to clean up the river, took the government and the EA to court in an attempt to force action. They successfully argued that the plan by the Department for Environment, Food and Rural Affairs and the EA to improve the stream lacked the legally required measures necessary to restore it – for example, it did not include the tightening of discharge permits for sewage treatment works.

The judge in the high court found that the government had unlawfully failed to assess and identify specific measures to achieve the legally mandatory targets for the waterbody. That ruling was on Wednesday upheld by the appeal court.

Penelope Gane, head of practice at Fish Legal, said Reed could now show a real commitment to restoring rivers and lakes.

“What we need is meaningful action to clean up rivers,” she said. “Anything short of that will be a tacit admission that the government has abandoned its environmental ambitions for water.”

Defra have been approached for comment.

Read the full story here.
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Supreme Court justices consider reviving industry bid to ax California clean car rule

The Supreme Court on Wednesday heard oral arguments in a case that could revive a bid by fuel producers to ax California’s clean car standards. The court was not considering the legality of the standards themselves, which ​​require car companies to sell new vehicles in the state that produce less pollution — including by mandating...

The Supreme Court on Wednesday heard oral arguments in a case that could revive a bid by fuel producers to ax California’s clean car standards. The court was not considering the legality of the standards themselves, which ​​require car companies to sell new vehicles in the state that produce less pollution — including by mandating a significant share of cars sold to be electric or hybrid.  Instead, the Supreme Court was considering whether the fuel industry had the authority to bring the lawsuit at all. A lower court determined that the producers, which include numerous biofuel companies and trade groups representing both them and the makers of gasoline, did not have standing to bring the case. Some of the justices were quiet, so it’s difficult to predict what the ultimate outcome of the case will be. However, others appeared critical of the federal government and California’s arguments that the fuel producers do not have the right to bring a suit. Justice Brett Kavanaugh in particular noted that the Environmental Protection Agency (EPA) itself did not initially try to have the case tossed on that basis.  “Isn't that a tell here? I mean, EPA, as you, of course, know, routinely raises standing objections when there's even — even a hint of a question about it,” Kavanaugh said.  The fuel producers argued that while it was technically the auto industry that was being regulated, the market was being “tilted” against them as well by California’s rule, which was also adopted by other states. The EPA and California have argued that the fuel producers are arguing on the basis of outdated facts and a market that has shifted since the rule was first approved by the EPA in 2013.  The EPA needs to grant approval to California to issue such rules. The approval was revoked by the Trump administration and later reinstated in the Biden administration.  If the justices revive the currently dismissed case, lower courts would then have to decide whether to uphold the California rule — though the underlying case could eventually make its way to the high court as well.  Meanwhile, California has since passed subsequent standards that go even further — banning the sale of gas-powered cars in the state by 2035. That rule was approved by the Biden administration — though Congress may try to repeal it.

EPA fires or reassigns hundreds of staffers

The Environmental Protection Agency plans to fire or reassign more than 450 staffers working on environmental justice issues, it said Tuesday.Why it matters: The large-scale changes could effectively end much of the EPA's work tackling pollution in historically disadvantaged communities.It's part of the Trump administration's effort to vastly shrink the federal workforce. EPA has around 15,000 employees.Driving the news: EPA notified roughly 280 employees that they will be fired in a "reduction in force." Another 175 who perform "statutory functions" will be reassigned.The employees come from the Office of Environmental Justice and External Civil Rights, the Office of Inclusive Excellence, and EPA regional offices."EPA is taking the next step to terminate the Biden-Harris Administration's Diversity, Equity, and Inclusion and Environmental Justice arms of the agency," a spokesperson said.Between the lines: The firings will likely see challenges from congressional Democrats and the employees themselves.EPA had previously put many environmental justice staffers on administrative leave.Administrator Lee Zeldin, during a Monday news conference, defended the agency's broader efforts to cut environmental justice grant programs, arguing the money is ill-spent."The problem is that, in the name of environmental justice, a dollar will get secured and not get spent on remediating that environmental issue," he said.

The Environmental Protection Agency plans to fire or reassign more than 450 staffers working on environmental justice issues, it said Tuesday.Why it matters: The large-scale changes could effectively end much of the EPA's work tackling pollution in historically disadvantaged communities.It's part of the Trump administration's effort to vastly shrink the federal workforce. EPA has around 15,000 employees.Driving the news: EPA notified roughly 280 employees that they will be fired in a "reduction in force." Another 175 who perform "statutory functions" will be reassigned.The employees come from the Office of Environmental Justice and External Civil Rights, the Office of Inclusive Excellence, and EPA regional offices."EPA is taking the next step to terminate the Biden-Harris Administration's Diversity, Equity, and Inclusion and Environmental Justice arms of the agency," a spokesperson said.Between the lines: The firings will likely see challenges from congressional Democrats and the employees themselves.EPA had previously put many environmental justice staffers on administrative leave.Administrator Lee Zeldin, during a Monday news conference, defended the agency's broader efforts to cut environmental justice grant programs, arguing the money is ill-spent."The problem is that, in the name of environmental justice, a dollar will get secured and not get spent on remediating that environmental issue," he said.

EPA firing 280 staffers who fought pollution in overburdened neighborhoods

The Environmental Protection Agency (EPA) will fire 280 staffers who worked on tackling pollution in overburdened and underserved communities and will reassign another 175. These staffers worked in an area known as “environmental justice,” which helps communities that face a disproportionate amount of pollution exposure, especially minority or low-income communities.  The EPA has framed its...

The Environmental Protection Agency (EPA) will fire 280 staffers who worked on tackling pollution in overburdened and underserved communities and will reassign another 175. These staffers worked in an area known as “environmental justice,” which helps communities that face a disproportionate amount of pollution exposure, especially minority or low-income communities.  The EPA has framed its efforts to cut these programs — including its previous closure of environmental justice offices — as part of a push to end diversity programming in the government. Supporters of the agency's environmental justice work have pointed out that Black communities face particularly high pollution levels and that the programs also help white Americans, especially if they are poor.  “EPA is taking the next step to terminate the Biden-Harris Administration’s Diversity, Equity, and Inclusion and Environmental Justice arms of the agency,” an EPA spokesperson said in a written statement.   “Today, EPA notified diversity, equity, and inclusion and environmental justice employees that EPA will be conducting a Reduction in Force,” the spokesperson said. “The agency also notified certain statutory and mission essential employees that they are being reassigned to other offices through the ‘transfer of function’ procedure also outlined in [the Office of Personnel Management’s] Handbook and federal regulations” The firings will be effective July 31, according to E&E News, which first reported that they were occurring. The news comes as the Trump administration has broadly sought to cut the federal workforce. The administration has previously indicated that it planned to cut 65 percent of the EPA’s overall budget. It’s not clear how much of this will be staff, though according to a plan reviewed by Democrat House staff, the EPA is considering the termination of as many as about 1,100 employees from its scientific research arm.  Meanwhile, as part of their reductions in force, other agencies including the Department of Health and Human Services and the Department of Veterans Affairs have fired tens of thousands of staffers. The EPA is smaller than these agencies, with a total of more than 15,000 employees as of January.  Nearly 170 environmental justice staffers were previously placed on paid leave while the agency was “in the process of evaluating new structure and organization.”

The Polluting Paper Mill That Helped Inspire the First Earth Day

Earth Day coordinator Denis Hayes grew up in Camas, Washington, surrounded by natural beauty and unchecked pollution. The post The Polluting Paper Mill That Helped Inspire the First Earth Day appeared first on The Revelator.

Every day drivers head north on Route 205 out of Portland, Oregon, cross the mighty Columbia River and the state line, and arrive in Washington. Many of them will immediately head east, where on a clear day they’ll soon see snow-capped Mt. Hood looming over Highway 14. Also known as the Lewis & Clark Highway, this busy road will take them toward the suburban cities of Camas and Washougal. But as they arrive in Camas and cross a narrow bridge, something else will loom over the scenic view: an enormous paper mill on the river’s edge. That paper mill, which at one point processed hundreds of tons a day, has been a defining element of Camas for more than a century. The town grew up around it. Residents walked down the hill to work there and sent their kids up the hill to go to school, where the local basketball team is still called the Papermakers (complete with a mascot, the Mean Machine, that looks like an anthropomorphic paper press). A portion of the mill in downtown Camas. Photo: John R. Platt/The Revelator Today the mill, now owned by Koch Industries, is a shadow of its former self. Relatively few people still work there. Much of the 660-acre property lies fallow. But its legacy lives on — in the history and pride of Camas, in the minds of its residents, and in the soil and water, which many people worry carry the burden of generations of pollution. And although few realize it, the paper mill’s legacy also exists on the national stage. In many ways it inspired the first Earth Day. Famed environmental advocate Denis Hayes coordinated the first national Earth Day in 1970. He later founded the Earth Day Network and became a leader in solar power and energy policy. But before that he grew up in Camas, which at the time had an occasionally noxious reputation. “If you talked to someone in Portland and mentioned Camas, universally the response was, ‘Oh yeah, that’s where the stink comes from,’ ” Hayes, now 80, recalled during a recent Zoom presentation to an in-person audience at the Camas Public Library. “The whole region was known for the stink of this uncontrolled paper mill.” The stink came from “vast quantities of uncontrolled sulfur dioxide and hydrogen sulfide” emitted by the mill. Those pollutants came back down in the form of acid rain — and as Hayes noted, it rains quite a bit in the Pacific Northwest. Hayes speaking to Camas residents over Zoom. Photo: John R. Platt/The Revelator The effect was immediately visible in town, where the roofs of cars corroded under the acidic onslaught. “People began to ask, well, if it’s doing that to my car, what’s it doing to me,” Hayes said. “The answer, with regards to the automobiles, was that instead of reducing the pollution, they put a shower at the end of the parking lot” to rinse cars before they drove home. Wildlife was affected, too. “Every now and then you’d go down to the Columbia River slough and find scores of dead fish, in some cases hundreds of dead fish, just floating there,” Hayes said. Camas had its good sides, of course. “What I did have growing up was the ability to walk through some of the most magnificent forests on Earth and to ride my bicycle down through the Columbia River Gorge and the spectacular scenery,” Hayes recalled. But even there the paper mill took a toll. “You’d go out in the forest and go hiking in the summer, in these astonishingly beautiful Douglas fir forests, and then two years later you go back there and it is almost clearcut. There was this catastrophic approach to clearing out natural resources.” The beauty and the destruction “came together and sort of made me think, not too profoundly, that it must be possible to make paper without destroying the planet,” he said. Camas was just one of Hayes’ influences, and Hayes was one of many people behind the first Earth Day and the environmental successes that followed. But what followed remains significant. “The context then was one where we were pretty highly motivated to try to get some kinds of regulations someplace,” Hayes recalled. “This is not a personal accomplishment. There were a huge number of things that were involved in this, including the presidential aspirations of a senator named Ed Muskie.” Posters about Hayes and the first Earth Day at Camas Public Library. Photo: John R. Platt/The Revelator After the first Earth Day, the organizers — who had formed a nonprofit called Environmental Action — launched what they called “the Dirty Dozen” campaign targeting congressional representatives with bad records on environmental issues. “We tried to take out several of the worst members of Congress, and we successfully defeated seven of 12 incumbents,” Hayes said. “It is really, really hard to beat an incumbent member of Congress. And we managed to take out seven of 12. And it was clear that we were the margin of a victory in each of those cases.” Among the defeated politicians was Rep. George Fallon. “At that time Fallon was the chairman of the House Public Works Committee. If you wanted to have a federal building, you wanted to have a prison, a courthouse, a dam, any kind of public work in your district anywhere across the country, you had to have the permission of the guy who chaired that committee. When we took out George Fallon, clearly with an environmental campaign, that absolutely transformed the House of Representatives.” One month after that election, Muskie helped introduce what would become the Clean Air Act. “And the Clean Air Act passed the Senate on a voice vote and passed the House of Representatives 434 to 1. There was one member of both Houses of the American Congress that voted against the Clean Air Act. Something that would have been inconceivable in 1969 became unstoppable in 1970,” Hayes said. “Those are the kinds of magic moments that can happen in a democracy where everything, just like a school of fish is going in this direction and suddenly it goes in a different direction,” he continued. “It was my thrill to have been part of a handful of those occasions.” A new generation of Camas residents — in fact, multiple generations — has taken the lesson of the first Earth Day to heart. Several residents recently came together to form the Camas Earth Day Society, which organized Hayes’ talk at the local library and is working toward a sustainable future in their home town. They’ve worked with local students, many of whom asked Hayes questions during the event. The organization has also held an art show, organized a native pollinator display, and raised awareness of clean air and water issues in Camas. They have ambitious dreams that boil down to a simple truth, both in Camas and around the world: Everyone can make a difference. Fifty-five years after the first Earth Day, the future of environmental protection has darkened once again. The Trump administration has enabled corporate polluters, slashed climate programs and budgets, and seeks to slash and burn practically all environmental regulations. But the crowd that gathered earlier this month at the Camas library — people young and old — came together despite those threats, ready to talk about solar power, protecting native plants, improving water quality, reducing pollution, and mobilizing for the future. More than one T-shirt that night read “Earth Day Is Every Day” — a sign that the seeds of that first day continue to sprout. Previously in The Revelator: Comics for Earth: Eight New Graphic Novels About Saving the Planet and Celebrating Wildlife The post The Polluting Paper Mill That Helped Inspire the First Earth Day appeared first on The Revelator.

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