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We are excited to share with you Clean Air’s Member Handbook! At Clean Air, we recognize that developing the leadership of our people is key to transforming individual resources into the collective power necessary to build the world we need and want to live in. While we fight like hell for justice, we also foster a loving community that takes the time to appreciate, recognize and celebrate our people. Join us today by becoming a member: https://www.cacwny.org/become-a-member/

This afternoon New York Attorney General James, with a coalition of nine attorney generals, filed a lawsuit against Trump’s Environmental Protection Agency (EPA) challenging its new policy to stop enforcing requirements under a wide range of federal environmental laws due to the coronavirus disease 2019 (COVID-19) crisis.The lawsuit, which was filed today in the United States District Court for the Southern District of New York, includes the attorneys general of California, Illinois, Maryland, Michigan, Minnesota, Oregon, Virginia, and Vermont.

This lawsuit comes shortly after a letter was sent to the NYSAG from over 50 environmental, labor and community organizations, who urged for legal action after foundational environmental laws were suspended in March. 

“We are grateful for this courageous and necessary action taken by NYS AG James to protect the health of New Yorkers” said Rebecca Newberry, Executive Director of Clean Air Coalition of Western New York. “There are over 350 regulated facilities in Western New York alone.  There are thousands of people who live next to large polluters who rely on EPA enforcement to protect our health.”

The EPA’s policy states that the federal government does not intend to take enforcement action against companies that violate provisions of environmental laws such as the Clean Air, Clean Water, and Safe Drinking Water Acts, provided that the companies link COVID-19 to their non-compliance. The lawsuit argues that this policy is overly broad, lacks transparency and accountability, and will result in higher pollution emissions by industry and corresponding negative impacts on public health and the environment.

“We’re grateful that AG James is once again standing up to Trump and defending New Yorkers. This sends a clear message to the White House and to polluters that using a public health crisis as an opportunity to poison our environment and communities will not be tolerated,” Jonathan Bix, Executive Director of Nobody Leaves Mid-Hudson

Suspending federal laws that are put in place to protect public health will put more New Yorker’s lives at risk. A recent study of Harvard University’s T.H. Chan School of Public Health found Coronavirus patients in areas that had high levels of air pollution before the pandemic are more likely to die from the infection than patients in less polluted parts of the country. Further emissions from polluters in communities will exacerbate an already untenable public health problem in neighborhoods throughout the state. 

“ Attorney General James has shown that New Yorkers will not stand for the Trump administration’s callous disregard for the health and dignity of our communities. This is a historic day for all environmental justice communities throughout the nation who have long dealt with abuse, neglect and harm caused by corporations who put their profit lines over public health.  Attorney General James and her coalition of states who have joined this landmark lawsuit have defended the lives of thousands of poor and working class people during the COVID-19 crisis and should be applauded for their bravery and swift action,” said Emily Terrana, Organizer, Clean Air Coalition.

Stronger Together! An Open House to Root our Power

Thursday, May 28th

5pm-7pm

Help us grow… Join our movement! We are continuing to create a virtual home, community, and sense of belonging for our people. That includes you! “Growing Strong Together: An Open House to Root our Power” is going virtual! Clean Air is excited to invite you to our first ever open house!

This is a kid and family friendly event! Download Clean Air’s coloring book for some fun at home. We would love to see the completed works of art at the end of the event!

We hope that you’ll join us (and invite a friend!) to learn about Clean Air’s work & celebrate community.

Register Here!

How about some good news? For those of a certain vintage, you may remember the 1960’s and; 1970’s suffocating L.A. smog, the Buffalo River fires, “dead” Lake Dreary (Erie), acid rain and the depleted ozone layer. DDT and other chemical fiascos did their damage. Young’uns will have to Google this.

Millions of people, both political parties working across the aisle, and President Nixon (not kidding) took their outrage to amazing legislative levels. Earth Day and the EPA were both born in 1970. The Clean Air Act, Clean Water Act, and the Toxic Substances Control Act followed in short order. Generally, the air, water, and the environment at large have improved. This paved the way for a new awareness concerning many environmental issues, including recycling, farm to table platforms, plant, animal, nature preservation, and campaigns to fight for environmental justice.

But complacency can be very deadly and dangerous. Take for instance the EPA. The current Administration has stacked the EPA leadership with people from the gas/oil/chemical industries and major corporations. Lower fuel standards, mercury emissions, oil exploitation, and the degradation of nature, in general, have become the attempted norm. Oil and gas companies, mines, lumbering, and ranching interest are nipping away at the protection of our national treasures. All of the natural world is at risk.

And there’s the absurdity of climate-denying.

As of late, the Trump Administration called for a drastic rollback of the EPA’s ability to enforce existing rules and regulations. The EPA will rely on businesses and industries to self-report any abuses. Fines will not be collected resulting in little or no consequences for any violators. During the past 3 years, various environmental groups have filed hundreds of challenges and lawsuits charging Trump’s EPA with failing to perform its legal obligation to protect American’s health, safety, and well-being.

With the current pandemic threatening the health and lives of every American, this hostile takeover of the EPA will undoubtedly lead to more premature deaths and result in the further degradation of our quality of life. COVID-19 has exposed the open wounds of the inequalities systemic in the

US. This move (and many others) by Trump is the antithesis of any semblance of social justice. The Clean Air Coalition calls upon NYS Attorney General, Letitia James, in concert with other states AGs, to sue the Trumps EPA for its criminal and unethical use of the EPA. We’ll work with Basil Seggos, DEC’s Commissioner, all of our political leaders, the multitude of environmental organizations and groups who daily fight for a just and equitable society to reestablish the EPA as a valuable government entity that fulfills the very essence of its name. All citizens are called to join the battle. Let’s make this 50th Anniversary of the EPA and Earth Day mean something.

Gary M. Schulenberg
Clean Air Coalition- Campaign Leader

On March 26th, the USEPA released a policy that set new guidelines for companies to monitor themselves for an undetermined period of time during the outbreak. The memo goes on to state the EPA will not issue fines for violations of certain air, water and hazardous-waste-reporting requirements. The policy cites the decision as a response to the COVID-19 Pandemic.  EPA’s decision prompted an immediate rebuke from former agency officials and environmentalists, many of whom characterized it as a waiver of the nation’s environmental rules.

Today, over 50 environmental, labor, and community organizations from across the state of New York responded in a letter addressed to New York Attorney General Letitia James.

The letter states “We the undersigned, urge you to sue the US Environmental Protection Agency (EPA) in response to the recent memo, COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program, which suspends the enforcement of foundational environmental protection laws.  In issuing this policy, which suspends the enforcement of these laws, the EPA is breaching its public duty and puts New Yorkers public health at risk.”

Over the past 2 years, Attorney General James has taken hundreds of legal actions against the Trump Administration to protect the health, safety and rights of New Yorkers. James’s office sued the Trump administration over 20 times in 2019 to defend residents against dangerous policies. She was the lead plaintiff on 15 of those cases, covering everything from emission standards to healthy school lunches. For example, on April 14th NYSAG James sued the US Department of Labor over unlawful regulations restricting paid sick leave and exposing workers, their families, and their communities to unnecessary spread of COVID-19. 

Yesterday, the NYSAG’s office sent a letter to the Trump Administration denouncing the policy. However given the seriousness of the policy, and it’s dangerous impact on New Yorkers, advocates are urging for a stronger and more robust legal response. 

Suspending federal laws that are put in place to protect public health will put more New Yorker’s lives at risk. A recent study of Harvard University’s T.H. Chan School of Public Health found Coronavirus patients in areas that had high levels of air pollution before the pandemic are more likely to die from the infection than patients in cleaner parts of the country. New Yorkers currently make up 33% of COVID-19 cases and 44% of COVID-19 deaths in the United States. Further emissions from polluters in communities will exacerbate an already untenable public health problem in neighborhoods throughout the state.

“Under this order, more people will be harmed. There are over 350 regulated facilities in Western New York alone.  There are thousands of people who live next to large polluters. To make our people ward off COVID-19 while burdening their bodies with more pollution is shameful, horrific, and further demonstrates that the Trump Administration would rather see communities of color and poor and working class people die, than hurt the pocketbooks of his friends.” said Rebecca Newberry, Executive Director of Clean Air Coalition in Buffalo.

“Rochester is a predominantly of-color and working class city in which residents have had their health and safety routinely jeopardized by corporations. Rochester Gas & Electric charges residents extortionate rates to guarantee its shareholders a 9% return on investment. Meanwhile, the utility dangerously neglects maintenance of gas pipes and electrical lines critical to public safety. We have brownfields that forgo the safest clean-up procedures so that developers can build luxury apartments for maximum profit while putting residents at risk of poisoning. We also share Lake Ontario with a nuclear power plant, so our city’s safety requires careful management of nuclear waste. Our community cannot afford less accountability for corporations. We cannot afford the EPA further endangering livelihoods at a time when our communities are already struggling through a pandemic. It is the EPA’s duty to protect public health over corporate profits, and we must hold the agency accountable for renouncing that duty.” said Mohini Sharma, Lead Organizer at Metro Justice in Rochester.

In order to operate a large industrial facility, companies must acquire permits to pollute. The limits on how much pollution a company is allowed to put into the air, water and soil, how often a company reports what they pollute, and how they measure the level of toxins are all set by the federal government. Companies self report to the enforcement agencies, and if emitting above the limit or if testing protocol isn’t consistent with regulation, or if there is a spill or accidental air release, they can be found in violation of the law, forced to make changes and/or pay fines. Reporting allows for the federal and state government, as well as community groups, to take swift action when necessary.

“From PCBs in the Hudson River, to the poisoning of Newburgh’s water, Hudson Valley residents have been under constant attack from polluters. Using a public health crisis to justify setting the stage for more public health crises is ridiculous. We need environmental enforcement to keep us safe. And we need our AG to once again stand up to Trump and defend New Yorkers.” Jonathan Bix, Executive Director of Nobody Leaves Mid-Hudson

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Thursday’s edition of The Buffalo News, reported that ..”the EPA’s decision prompted an immediate rebuke from former agency officials and environmentalists, many of whom characterized it as a waiver of the nation’s environmental rules.” Read the full story in The Buffalo News.

Want to Take Action on these Cuts To Enforcement?

Clean Air Coalition Calls on New York Attorney General to Stand Up to Trump’s Dangerous EPA Enforcement Cuts

The Environmental Protection Agency recently announced a dramatic relaxing of environmental rules, citing the decision as a response to the COVID pandemic. The agency will now allow power plants, factories and other facilities to determine for themselves if they are able to meet legal requirements on reporting air and water pollution.

This announcement comes on the same day that President Trump signed a $2 trillion stimulus package that provides $500 billion in corporate bailouts; continuing this administration’s efforts to support corporations over communities.

According to the memo, the policy sets new guidelines for companies to monitor themselves for an undetermined period of time during the outbreak and says that the EPA agency will not issue fines for violations of certain air, water and hazardous-waste-reporting requirements.

In order to operate a large industrial facility, companies must acquire permits to pollute. The limits on how much pollution a company is allowed to put into the air, water and soil, how often a company reports what they pollute, and how they measure the level of toxins are all set by the federal government. Companies self report to the enforcement agencies, and if emitting above the limit or if testing protocol isn’t consistent with regulation, they can be found in violation of the law, forced to make changes and/or pay fines. 

EPA reporting guidelines are vital for the health, safety and dignity of our communities and the environment. Reporting allows for the federal and state government, as well as community groups, to take swift action when necessary to remedy toxic emissions and accidents at factories, power plants and other industrial facilities regulated by environmental protection laws.

While this memo does not apply to companies already engaged in criminal action or the Superfund and RCRA corrective action programs, it will have a dramatic impact on the amount of pollution that companies will dump into our communities’ air, water and soil.

The order states that companies should self report if they break the law, but won’t face any consequences by doing so.  The memo states “In general, the EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification obligations in situations where the EPA agrees that COVID-19 was the cause of the noncompliance and the entity provides supporting documentation to the EPA upon request.”

The memo also relaxes the requirements for companies that have entered into a settlement agreement or consent orders. Settlement agreements and consent orders are entered into if a company has already violated the law, and is either paying a fine or taking steps to correct the action. These corrections come with strict timelines and clear objectives. By removing penalties the EPA is removing any incentive for companies to clean up their act. 

“Under this order, more people will die. Our membership is made up of people who live next to large polluters. With this order, the EPA will no longer use their full authority to hold polluters in check. To make our people ward off COVID-19 while burdening their bodies with more pollution is shameful, horrific, and further demonstrates that the Trump Administration would rather see poor and working class people die, than hurt the pocketbooks of his friends.” Rebecca Newberry, Clean Air Executive Director. 

It has been proven time and time again that when polluters do not have strict monitoring, reporting and enforcement standards, our communities suffer. According to the Toxic Release Inventory, there are well over 350 facilities in Western New York that are regulated under federal laws.  The Environmental Protection Agency’s enforcement actions have been vital to hold polluters accountable. Since the EPA’s enforcement actions in Tonawanda, there was a 92% reduction in the carcinogen benzene in the ambient air.

In the Seneca Babcock neighborhood in the City of Buffalo, the EPA partnered with the NYDEC to inspect and issue multiple Notices of Violation to Battaglia Demolition, a company that was operating with no permit and blanketing the community with silica dust, a known human carcinogen. This enforcement action was vital to initiate a New York State investigation, legal action, and the ultimate shutdown of the facility in 2017.

Clean Air is calling on New York State Attorney General, Letitia James, to respond to the EPA’s order. 

“It is the government’s job to protect us. The federal government is refusing to enforce the law that keeps polluters in check. Attorney General James has led efforts to protect New Yorkers from the Trump administration in the past. We encourage her leadership again now.” Jennifer Carman, Clean Air Coalition Board President. 

March 19th, 2020

Dear Clean Air Members,

From all of us in the Clean Air Coalition of WNY family, we hope that you and your families are doing well and staying safe during these very chaotic and troubling times.

As we watch how this pandemic is affecting our brothers, sisters and siblings here in Western New York and around the globe, our hearts ache and our anxieties are high. We are all worried for our elders, our immunocompromised and housing insecure people, and those feelings of anxiety are real and valid. We at Clean Air know so well what it is to care for one another and demand action from governmental officials and other institutions when our health, dignity and safety are on the line. This unprecedented time in our collective history is no different.

This crisis is laying bare the cracks in the systems and institutions that are supposed to care for us and keep us safe. Our people, poor and working-class people, Black and Brown people, queer and trans people, women—we have experienced these cracks for generations and we have the tools to lead in this moment of crisis. At Clean Air, we value resident knowledge, grassroots power and race and class equity and inclusion. The question now is, how are we going to show up and continue our work to prove that our values are the only way forward?

The real and urgent needs of our people are a no-brainer—comprehensive health care, access to clean water and nourishing food, paid sick leave to care for ourselves and our families and the security of knowing we won’t lose our homes and utilities. These needs are basic human rights and the fact that we have to demand them in this time of crisis shows how the system does not work for our people.

It is clear, now more than ever, that when our governmental officials and institutions put private profit over the health, dignity and safety of our communities, it is our people who suffer most. When billionaires are given millions of dollars of our public money to create racist and sexist, hostile work environments like Tesla, when developers like Jon Williams are paid out by the State when our people have been poisoned for generations in Buffalo’s Delevan-Grider neighborhood and Tonawanda, when residents in the Seneca-Babcock have to fight tooth and nail for clean air and when all of communities fear for their lives and wellbeing during this Covid- 19 pandemic, something isn’t right.

Our anger is righteous, and we will continue to do what we do best—organize our people for health and justice. During this time of uncertainty, PCBs will not stop leaking into our backyards, silica dust will not stop flying around our streets, Tesla will not stop their racist and sexist practices and millionaires and billionaires will not stop getting paid to “clean up” toxic sites like Tonawanda Coke. We at Clean Air will continue the work of holding those who make us sick and profit off of our suffering accountable and we will organize for a world where the health and wellbeing of our people is centered. Our mission is to build a world where our environment promotes health and equity and where systems place communities at the forefront of decision making. Now is the time for us all to boldly and unapologetically live into our mission and values and take action to demand justice.

The staff and campaign teams at Clean Air will continue to do our work as this pandemic progresses. While this won’t look exactly like business as usual, we are shifting and adapting to the changing landscape. As of Tuesday, March 17th, our staff and members have been working from home and have suspended all in-person meetings for as long as we need to keep one another safe and healthy. All of our campaign teams and staff are now working remotely. Our office line is still open (716-852-3813) and we will be checking our voicemails regularly.

We are resilient and strong, and we will continue organizing.

Clean Air’s event, Growing Strong Together: An Open House to Root our Power, has been postponed. Although we cannot meet in person, the power of our membership is palpable and we will continue to root that power to support one another. Now is the time where the brilliance and resiliency of our people truly shine and we are confident that we will be able to continue on our vital work during these chaotic times. We know how precious the health and dignity of our communities are, and if you need direct support or are looking for resources on how to set up mutual-aid networks within your communities, please reach out to us! Our communities have power and we are each leaders within them for health and justice. Now is the time for us to show up, live out our values, support one another and build a bold vision for the world we all deserve.

When everything in the world seems uncertain, you can be sure that our hard work will continue. At Clean Air, when we control where our money comes from, we control what our work is. Moments like this prove that our grassroots fundraising strategies are vital in times of crisis when we all need to pivot to care for our communities. Times are tough, but we are stronger together.

But we also need to be honest… just as our organizing is shifting and adapting, our fundraising is too. We, like others, need your support right now… not just to weather the pandemic, but to come out of it stronger, more resilient, and more ready than ever to collectively create the world we know we need.

Can you join us in the work of caring for our communities and demanding health and justice by donating $5, $10, or $15 per month?

In the coming weeks, expect to hear from us, because that’s what we do. Expect emails, phone calls, web-based trainings and get-togethers,  social media posts, and updates on our website blog. We aren’t going anywhere. We are here for our people and our community, and we are continuing to organize. We urge you to call us or email us whenever. We want to hear from you.

We will get through this crisis because our people are strong, resilient, creative and powerful. We will get through this crisis because we have one another.

With all of our love and solidarity,

Clean Air Staff
Rebecca Newberry, Linnea Brett, Julia White and Emily Terrana

The New York State Department of Environmental Conservation (DEC) and DEC Commissioner Basil Seggos have been in the news a lot regarding their role with the Brownfield Cleanup Program (BCP) for Tonawanda Coke. In a Letter to the Editor, various media outlets, and a DEC sponsored interview video, they’ve pressed their case in support of tax credits for the site. Let’s look at some of the points they’ve made.

• I’ve always been bad at math but… The DEC maintains it has a robust brownfields tax credit program and the experience to handle a cleanup of magnitude like Tonawanda Coke. The average size for sites in the brownfield program is 3-5 acres. The approved brownfield portion of the Tonawanda Coke site is 86 acres. I’ll let a third grader figure out how many times larger Tonawanda Coke is compared to the typical site.

• Math & Ratios… The DEC states the average time for completing remediation is 2.7 years for the typical candidate in the brownfield program. Jon Williams, the new owner of Tonawanda Coke, is on record saying his new property can be done in 4 years. Hum… 2.7 years for 3-5 acres v. 4 years for 86 acres? Kids, help us understand!

• No Public Hearing … Public hearings are one of the purported aspects for outreach by the DEC. Does anyone remember when the DEC sponsored public hearings concerning the brownfield application for either Tonawanda Coke or the Huntley Power Plant? No, we don’t recall that happening either. In fact, when the community requested a hearing, the DEC refused.

• False equivalency… The DEC, on occasion, conflates the brownfield program and the New York State Superfund program. They fail to communicate that New York State taxpayers reimburse developers for portions of the cleanup under the brownfield program, while the liable party, in this case, Honeywell Corporation, would of payed under New York State Superfund.

The above are only a few of the reasons why Clean Air is in opposition to the Brownfield program for Tonawanda Coke. We will continue the struggle to make sure the residents of the Town of Tonawanda and taxpayers have a just and safe community.

By Gary Schulenberg, Clean Air member