• EPA Takes Steps To Resolve Civil Rights Concerns But Hurdles Remain (reprinted with permission from Inside Washington Publishers)

    This article originally appeared in Inside EPA Weekly Report on January 27, 2012. It is reprinted here with permission of the publisher, Inside Washington Publishers. Copyright 2012. No further distribution is permitted.

    Click here to view article (pdf format): EPA Takes Steps To Resolve Civil Rights Concerns IEPA 01-12.pdf

    View the DRAFT Report from EPA Civil Rights Executive Committee here: Recommendations for Developing a Model Civil Rights Program at The Environmental Protection Agency

  • PEAC Comments on Final Environmental Impact Statement for I-5 Columbia River Crossing Project

    I-5 Interstate Bridge Over Columbia River

    Pacific Environmental Advocacy Center (“PEAC”), the Environmental Legal Clinic of Lewis & Clark Law School, has submitted comments on behalf of a coalition of environmental groups on the Columbia River Crossing Project (“CRC”) Final Environmental Impact Statement.

    PEAC clients include Rosemere Neighborhood Association, Coalition for a Livable Future, the Northeast Coalition of Neighborhoods, Northwest Environmental Defense Center, Columbia Riverkeeper, the Portland Audubon Society, Oregon Public Health Institute, Upstream Public Health, and Association of Oregon Rail and Trail Advocates. PEAC also states that although it specifically represents these groups, it is “in fact representing the concerns and views of a broad and diverse coalition of groups.”

    To date, CRC has established a pattern of ignoring input from these environmental and stakeholder groups concerned about the proposed bridge design impacts to our sole source aquifer, surface and groundwater resources, salmon, air quality, general public health concerns and other environmental impacts.

    In this document PEAC details all these concerns and the various technical reports behind them, finding,

    Overall it is remarkable how much incomplete and missing analysis is found when the public reviews this FEIS, which has already cost Oregon and Washington taxpayers more than $130 million. This would be Oregon’s largest public works project, and its taxpayers and the taxpayers of Washington are entitled to a much more thorough and complete analysis, a true comparison of all reasonable alternatives that “sharply defines the issues and provide[s] a clear basis of choice among options” (40 C.F.R. § 1502.14), and a meaningful opportunity to review and comment on all of those things in a supplemental DEIS.

    While the coalition is not “anti-bridge”, it does charge CRC with the responsibility to not harm our environment, destroy our resources or our community and to be fiscally responsible.

    PEAC concludes with,

    For all the reasons set forth above, PEAC respectfully requests, on behalf of its clients listed below, that the responsible federal agencies and the CRC Task Force withdraw the CRC FEIS and issue a corrected Supplemental DEIS for public comment.

    You can read the entire PEAC document “Comments on September 2011 Final Environmental Impact Statement for I-5 Columbia Crossing Project” here: PEAC_Comments_on_CRC_FEIS
    (pdf format – please note this is a fairly large document a may take a moment to open)

  • EPA Testing Results at Camp Bonneville Show Contaminated Plume Growing & Moving

    EPA has released the initial results of its testing at Camp Bonneville, the former US Military installation in Clark County, Washington.

    EPA is conducting assessment of the known and suspected release of hazardous substances at Camp Bonneville to determine whether it warrants listing under the Superfund Program following a petition from Rosemere Neighborhood Association (RNA).

    The first round of samples was collected last May (2011) and EPA’s report on that testing can be found http://www.epa.gov/region10/pdf/sites/camp_bonneville/bonneville-p1-sample-results.pdf.

    The second round of data was collected in August (2011) and that report is expected in January 2012. Following the secondary reports, EPA will score the site to determine Superfund status upon which a final report will be released.

    RNA brought the Superfund petition in 2009 citing faulty clean-up efforts at the site where live munition drills and chemical warfare had been conducted for decades. RNA contended in its petition that contamination from buried military munitions and chemicals, including the continued rise of measured perchlorate and RDX, has leached into the soil and groundwater at the site. RNA was also concerned that the plume of toxic chemicals had become mobile threatening Lacamas Creek. Lacamas Creek feeds into Lacamas Lake and ultimately into the Columbia River.

    EPA’s latest data reveal – as suspected by RNA – that the plume has traveled and has become larger, possibly entering the creek flow or infiltrating below the creek to the opposite shore. Although RNA had raised these concerns to the Washington State Department of Ecology for years, Ecology officials had maintained that topography would prevent any additional test wells from being established. Based on RNA’s petition and subsequent discussions regarding hydrologic flow, EPA successfully installed additional testing wells in suspect areas that proved the plume had moved.

    The danger to surrounding groundwater and surface water would have gone undiscovered had it not been for the Superfund petition brought by RNA. Following the incomplete clean-up led by Mike Gage and BCCRT, property ownership of Camp Bonneville was to go back to Clark County over a month ago, but the transfer of ownership has been stalled due to a dispute that Gage has with the Washington State Department of Revenue. All other contractors who worked on the initial phases of clean-up at the site have paid their taxes, but Mike Gage has thus far refused to pay his taxes. Apparently clean-up will be stalled until Gage’s tax dispute is resolved.

    Around $28 million has been spent on the Bonneville clean-up thus far including extensive efforts to alleviate the contaminated goundwater plume. The groundwater contamination was initially caused by munitions that had been buried in landfills. The landfills were evacuated but during that process the backhoes began to sink and they were not able to remove all of the contaminated soil. As a result, much of the contaminated soil was left behind and the remaining holes were filled with porous, loamy soil that was extremely permeable and allowed the plume to become mobile.

    EPA Camp Bonneville page can be found here: http://yosemite.epa.gov/r10/cleanup.nsf/sites/CB

    Direct link to the Camp Bonneville Phase 1 Sample Results Report is here: http://www.epa.gov/region10/pdf/sites/camp_bonneville/bonneville-p1-sample-results.pdf

    UPDATE:

    Responding to the EPA test results announcement, Clark County Department of Public Works Project Manager, Jerry Barnett, said, “The county will meet with Ecology and the EPA to determine the significance of these results. Findings include perchlorate in sediments and subsurface water adjacent to Lacamas Creek at concentrations below cleanup levels.”

    However, while EPA might agree to discuss site assessment as a process, it is premature to be discussing the “significance” of the data. As explained above, EPA management will not conduct its complete review of the data until next year after all phases of testing have been completed.

    The Washington Department of Ecology also announced Thursday that it is opening a period of public review and comment on an updated legal agreement for the cleanup of Camp Bonneville. Under the proposed Amended Prospective Purchaser Consent Decree between Clark County and Ecology, Clark County will take the lead role in the cleanup of Camp Bonneville. Ecology will accept comments on the proposal from Oct. 14 through Nov. 17, 2011.

    For more information go to Ecology’s website here: http://www.ecy.wa.gov/news/2011/277.html

    For the amended decree, click here: https://fortress.wa.gov/ecy/gsp/Sitepage.aspx?csid=11670

    You can send comments to Ecology on the draft documents from Oct. 14 through Nov. 17.

    Here’s how you can submit comments:

    By US Mail:
    Ben Forson, Site Manager
    Washington Department of Ecology
    Toxics Cleanup Program
    P.O. Box 47600
    Olympia, WA 98504-7600.

    By Email to:
    bfor461@ecy.wa.gov

  • Equity Advocates Issue ‘Demands’ For EPA To Reform Civil Rights Agenda (reprinted with permission from Inside Washington Publishers)

    This article originally appeared in Inside EPA Weekly Report on September 2, 2011. It is reprinted here with permission of the publisher, Inside Washington Publishers. Copyright 2011. No further distribution is permitted.

    Click here to view article (pdf format): Equity Advocates Issue ‘Demands’ For EPA To Reform Civil Rights Agenda

  • Agencies’ Pact Seen Forcing Action To Address Environmental Justice (reprinted with permission from Inside Washington Publishers)

    This article originally appeared in Inside EPA Weekly Report on August 12, 2011. It is reprinted here with permission of the publisher, Inside Washington Publishers. Copyright 2011. No further distribution is permitted.

    Click here to view article (pdf format): Agencies’ Pact Seen Forcing Action To Address Environmental Justice

  • MEDIA RELEASE: Community Groups Give Notice of Clean Water Act Suit to Planned Coal Export Terminal on Columbia River

    Train unloading coal at Millennium terminal in June 2011

    Train unloading coal at Millennium terminal in June 2011

    MEDIA RELEASE
    –FOR IMMEDIATE RELEASE –

    August 9, 2011

    CONTACTS:
    Gayle Kiser, LCSC
    (360) 749-7029
    Dvija Bertish, Rosemere
    (360) 281-4747

    Longview, WA – Community groups from Longview and Vancouver Washington have filed formal notices of suit for violations of the federal Clean Water Act against the corporation planning to export coal from Longview to China. The sixty-day notice of suit is a legal prerequisite to filing the Clean Water Act suit that will be filed in the Federal District court in Tacoma sixty days from today. The suit targets the fact that Millennium Bulk Terminals and its parent company Ambre Energy are currently importing, storing and exporting coal to their Longview facility absent any permits that allow for such activities under the Clean Water Act.

    For complete Press Release please click here: MEDIA RELEASE_8-9-2011

    To view complete 60 Day Notice please click here: 8-9-11_FINAL_ 60_DAY_ Ambre_ Energy

    More about this story from The Daily News Online:  Groups sue Millennium over alleged Clean Water Act violations in Longview

  • Camp Bonneville Sampling and Quality Assurance Plan

    This Sampling and Quality Assurance Plan is the next stage in Rosemere Neighborhood Association’s effort to obtain Superfund status for Camp Bonneville. (Click HERE to view previous articles on RNA Superfund Petition for Camp Bonneville)

    Environmental Protection Agency contractors, Ecology and Environment, Inc., of Seattle, will collect soil samples for lab analysis from all over the site and will be installing additional monitors in wells to test groundwater contamination as well as in-stream monitoring in Lacamas Creek.

    The Sampling and Quality Assurance Plan details where sampling will occur and how it will be analyzed to determine what clean-up needs to be achieved to ensure public health and safety.  Data gathering began May 16 2011, and will take about a year before beginning a report on findings to make recommendations on superfund status.

    View the plan here (NOTE: this is a large file – please be patient! Allow a couple of minutes for it to download): Camp Bonneville_Final Sampling and Quality Assurance Plan

  • PRESS RELEASE: Pollution Control Board Rules Clark County Development Standards Illegal

    PRESS RELEASE****PRESS RELEASE****PRESS RELEASE

    FOR IMMEDIATE RELEASE
    January 6, 2011

    Contacts:

    Jan Hasselman, Earthjustice, 206-343-7340 ext. 25
    Dvija Michael Bertish, Rosemere Neighborhood Association, 360-281-4747
    Brett VandenHeuvel, Columbia Riverkeeper, 503-348-2436
    Mark Riskedahl, Northwest Environmental Defense Center, 503-768-6673

    Appeals Board Rules– Clark County Development Standards Illegal
    Taxpayer subsidy & fish-killing loopholes scrapped

    Tumwater, WA.-In a major decision with statewide impacts, a state appeals board today ruled that Clark County’s controversial development standards violate state and federal laws to protect clean water.

    The ruling, by the state Pollution Control Hearings Board (PCHB), means the county is out of compliance with federal clean water laws. It signals an end to the county’s on-going failure to protect rivers, streams and salmon threatened with extinction.

    “Clean water is our future. Clark County has the potential to be a leader in low impact development, parks and green space. These are real growth sectors in our economy and will put people back to work,” said Dvija Michael Bertish of the Rosemere Neighborhood Association.

    Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center, represented by Earthjustice, challenged Clark County’s adoption of development standards that were too weak to prevent significant harm to the County’s already-stressed rivers and streams. [Read More...]

  • White House Forum on Environmental Justice: Dec 15, 2010

    CEQ Chair Nancy Sutley, EPA Administrator Lisa P. Jackson, NEJAC Chair Elizabeth Yeampierre, and South Carolina State Representative Harold Mitchell deliver opening remarks at the White House Forum on Environmental Justice (Photo by Eric Vance, US EPA)

    CEQ Chair Nancy Sutley, EPA Administrator Lisa P. Jackson, NEJAC Chair Elizabeth Yeampierre, and South Carolina State Representative Harold Mitchell deliver opening remarks at the White House Forum on Environmental Justice, December 15, 2010 (Photo by Eric Vance, US EPA)

    Rosemere has attended various meetings held by the Oregon Environmental Justice Task Force, and the Task Force has been supportive of Rosemere’s work. To date, Lisa Jackson, director of EPA, has refused to meet with Rosemere to discuss the 9th Circuit Case in Rosemere v. EPA, where the court found EPA had broken the law by failing to investigate Title VI complaints filed with EPA’s office of Civil Rights. Environmental Justice Communities around the nation have experienced the same failures by EPA, and have called for the Office of Civil Rights to be be revamped.

    Professors Will Collin and Robin Collin of Willamette University attended the White House Forum on Environmental Justice in Washington DC as recipients of the national award to Oregon Environmental Justice Task Force. This was the first convening for the cause of Environmental Justice in a decade. Mrs. Collin was able to provide some important remarks on what is needed to support the Environmental Justice movement, as noted in Part 3 of the Youtube video [Read More...]

  • Progress on Rosemere’s Superfund Petition for Camp Bonneville WA

    From left to right: Renee Nordeen, Ecology and Environment, Inc.; Daniel Wright, geologist; Monica Tonel, USEPA Region X Office of Environmental Cleanup, Site Assessment Manager Assigned to Rosemere's Superfund Petition. Group is reviewing maps of Camp Bonneville in preparation of EPA site inspection plans and data gathering efforts, Dec 8, 2010

    Background: Camp Bonneville Superfund Petition, Submitted by Rosemere Neighborhood Association & Columbia Riverkeeper

    In February 2009, following Rosemere’s extensive involvement in what we consider a faulty clean up action plan at the Camp Bonneville military installation, Vancouver WA, Rosemere and Columbia Riverkeeper submitted a formal petition to the US Environmental Protection Agency to list the property on the National Priorities Superfund List.

    See the original Superfund petition here: http://www.rosemerena.org/home/2009/04/06/preliminary-superfund-petition-for-camp-bonneville-february-3-2009/

    The goal of the petition was to bring EPA back into the project in order to correct failing cleanup efforts, currently at a complete standstill. EPA had been a major participant in cleanup efforts more than 10 years ago, but in 2003, EPA withdrew its involvement citing a lack of cooperation from Clark County government, the Washington State Department of Ecology, and the US Department of Defense that owned the contaminated property. Camp Bonneville was a former 4000 acre international military training site where munitions, including missiles, grenades, and chemical warfare were used in live drills.

    Documented groundwater contamination at the site has entered the Troutdale Aquifer System, a federally designated Sole Source Aquifer that was petitioned by Rosemere and Columbia Riverkeeper and established in 2006. The source of the contamination is a vast collection (both known and unknown) of buried military munitions and chemicals that have leached into the soil and groundwater throughout the site. Rosemere contends that the plume of toxic chemicals has been mobile for many years, and may have exited to compound, threatening Lacamas Creek and its tributaries, and Lacamas Lake which is hydrologically connected to the Columbia River. [Read More...]

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