EC October 2011

ec@lists.wvsierraclub.org

9 participants
22 discussions

DP on ash hearing
by Jim Sconyers 18 Oct '11

18 Oct '11

All in all a pretty good article. "Smackdown" indeed! -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: FW: THREAT OF LAWSUIT LOOMS OVER TOXIC COAL WASTE IN WEST VIRGINIA
by James Kotcon 17 Oct '11

17 Oct '11

>>> "Avi Kramer" <akramer(a)publicjustice.net> 10/17/2011 6:28 PM >>> Here's the final release that went out just before 6 p.m. It's also on our website: http://www.publicjustice.net/Newsroom/News/Report-Cites-Coal-Ash-Polluti on-in-WVa.aspx Thanks again, all. From: Deborah Mathis Sent: Monday, October 17, 2011 5:56 PM To: Major Media (dmathis(a)publicjustice.net) Subject: THREAT OF LAWSUIT LOOMS OVER TOXIC COAL WASTE IN WEST VIRGINIA Importance: High NEWS RELEASE FOR IMMEDIATE RELEASE October 17, 2011 Contacts: Deborah Mathis, Public Justice - (202) 797-8600 or dmathis(a)publicjustice.net Mike Becher, Appa. Mtn. Advocates - (304) 382-4798 or mbecher(a)appalmad.org Jim Kotcon, Sierra Club W.Va. Chapter - (304) 293-8822 or jkotcon(a)wvu.edu Sean Sarah, Sierra Club - (202) 548-4589 or sean.sarah(a)sierraclub.org Cindy Rank, WV Highlands Conserv. - (304) 924-5802 or clrank2(a)gmail.com REPORT CITES DANGEROUS COAL WASTE POLLUTION OF W.VA. STREAM; NOTICE GIVEN OF POSSIBLE LAWSUIT According to a just-released report <http://www.publicjustice.net/Repository/Files/CORESCO_10_13_2011_FINAL. PDF> from Monongalia County, W.Va., coal combustion waste (CCW) and acid mine drainage (AMD) have seriously harmed aquatic life and ecosystems in a local stream, Crafts Run, which spans multiple miles and discharges into the Monongahela River. The report's data-gathered at specific monitor sites along Crafts Run and detailed in this map <http://www.publicjustice.net/Repository/Files/Coresco_MapwSample&Monito rSites.pdf> -shows elevated levels of dissolved solids, aluminum, iron and manganese in water samples collected from the stream. High amounts of boron and selenium indicated CCW pollution specifically, and in certain places, the concentration of iron violated state surface water quality standards. Self-monitoring data by Coresco LLC-the company that owns and runs the disposal sites adjacent to Crafts Run-showed that violations of state criteria have occured in the past for dissolved aluminum, iron and pH, all indicators of AMD pollution. Coresco's existing disposal sites were permitted and defined by the West Virginia Department of Environmental Protection to accept CCW (commonly called "coal ash"), but Coresco is now asking the WVDEP to allow it to expand its disposal operations within the Crafts Run watershed. Local environmental groups, the Sierra Club, and the national public interest law firm Public Justice are opposing the expansion. The 46-page report states that "Coresco intends to drastically increase the amount of CCW disposed of through proposed revisions" to its existing permits with the WVDEP. As a result of those revisions, Coresco could potentially place 2.8 million tons of CCW and refuse waste within the watershed each year. "The report data shows unequivocally that coal ash dumping is destroying these streams," said Richard Webster, an attorney at Public Justice, which commissioned the report. "We're concerned that the WVDEP will allow Coresco to actually expand its dumping operations-when that is the last thing that biologically degraded Crafts Run needs." Webster and Public Justice, along with Mike Becher of the Appalachian Mountain Advocates, are representing the Sierra Club, West Virginia Highlands Conservancy, and Fort Martin Community Association against Coresco. "The Coresco operations are turning the Crafts Run watershed into one large dumping ground for coal waste," Becher said. "This is being done without stringent pollution controls or adequate monitoring, as demonstrated by the report's data." Said Jim Kotcon, Energy Chair for the West Virginia Chapter of Sierra Club, "Coresco is trying to make the claim that dumping of coal ash is somehow a beneficial use. We want Coresco to clean up its pollution and operate the site without contaminating the water. Coal ash has to be handled responsibly and in compliance with the law-or else it endangers public health." A notice letter sent today <http://www.publicjustice.net/Repository/Files/Coresco_Final_Notice_Lett er_17Oct2011.pdf> details the groups' position that Coresco must come into compliance with water quality standards. The letter was written to coincide with a WVDEP hearing tonight concerning Area No. 4-the area into which Coresco is hoping to expand-and states that Public Justice and Appalachian Mountain Advocates plan to file a lawsuit if the stream is not cleaned up within sixty days. "After years of undemonstrated assumptions that dumping coal ash is a good thing, this report finally shows that there are indeed harmful impacts to waters downstream from mine and refuse sites," said Cindy Rank, Mining Committee Chair of the West Virginia Highlands Conservancy. "Expanding Coresco's current coal ash disposal practices will not only further pollute Crafts Run but will also add additional stress to the Monongahela River, a valuable resource for tens of thousands of people all the way to Pittsburgh, Pa." The potential lawsuit would allege multiple violations of the Clean Water Act by both Coresco LLC and Mepco LLC. (All of the waste disposal areas in the Crafts Run watershed are operated by Coresco on Mepco property. Both companies are subsidiaries of a common corporate parent, Mepco Intermediary Holdings.) The lawsuit would also claim violations of the Surface Mining Control and Reclamation Act (SMCRA) by Coresco solely, and would seek both civil penalties and injunctions compelling Coresco and Mepco to come into compliance with the Clean Water Act, and Coresco with the SMCRA. ### Public Justice is a national public interest law firm that fights injustice and holds corporate and government wrongdoers accountable. See www.publicjustice.net. Deborah Mathis Communications Director Public Justice Foundation 1825 K Street NW Suite 200 Washington, DC 20006 Ph: (202) 797-8600 Ext. 246 Email: dmathis(a)publicjustice.net Web: www.publicjustice.net

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Scientific American: Top EPA scientist and Dunkard Creek
by Jonathan Rosenbaum 16 Oct '11

16 Oct '11

This is an interesting article: http://www.scientificamerican.com/article.cfm?id=epa-scientist-points-at-fr… -Jonathan

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Fwd: coal ash meeting in Granville
by Jim Sconyers 16 Oct '11

16 Oct '11

---------- Forwarded message ---------- From: Petra&John Wood <pbjmwood(a)gmail.com> Date: Sat, Oct 15, 2011 at 9:23 PM Subject: Re: coal ash meeting in Granville To: Betsy Breiding <betsy.breiding(a)gmail.com>, Elizabeth Jaeger < bjaegerart(a)gmail.com>, Laura Blackburn <lmblackburn(a)gmail.com>, michael blackburn <blackb23(a)gmail.com>, Martin Christ <mchrist(a)labs.net>, Dan Wheeler <WheelerD(a)monhealthsys.org>, Dee/Deb <dfvet(a)aol.com>, Eric Hopkins < ehopkins06(a)gmail.com>, Eva Thomas <Eva.Thomas(a)mail.wvu.edu>, Mike Furbee < pmfurbee(a)hsc.wvu.edu>, Gwen Jones <gwenjones23(a)yahoo.com>, Nicole Good < nicolegood.wv(a)gmail.com>, Jean Preckel <jpreckel(a)yahoo.com>, Rae Jean Sielen <rsielen(a)populore.com>, Paul Kinkus <pkinkus(a)comcast.net>, kfurbee(a)yahoo.com, "Kenneth St. Louis" <kstlouis(a)wvu.edu>, George Racin <gracin(a)comcast.net>, adavidroth(a)gmail.com, DaveS(a)labyrinth.net, mulkeenf(a)comcast.net, naoko0607(a)gmail.com, Tom Pue <tpue(a)frontier.com>, Mike Breiding < mike(a)epicroadtrips.us>, Ned Strauser <nestrauser(a)yahoo.com>, James Kotcon < jkotcon(a)wvu.edu>, Jim Sconyers <jimscon(a)gmail.com>, Anne_Hereford < ahereford(a)downstreamstrategies.com>, Evan Hansen < ehansen(a)downstreamstrategies.com>, Pam Kasey <pkasey(a)statejournal.com>, Linda Hagerty <linda.hagerty(a)comcast.net>, Kevin Leyden <kleyden(a)wvu.edu>, "j.or.n" <lynch59(a)frontier.com>, cash <cashvan(a)aol.com>, Betty Wiley < betty.w304(a)gmail.com>, andrew sandy liebhold <aliebhold(a)gmail.com>, leepetsonk(a)gmail.com, Michael Blumenthal <mcblume(a)attglobal.net>, John Souther <possumdee(a)gmail.com>, abyssfish(a)labs.net, "Duane330(a)aol.com" < duane330(a)aol.com>, theresa7700(a)hotmail.com, clock23(a)frontier.com, Cindy Rank <clrank2(a)gmail.com>, Michael Mackert <micmackert(a)frontier.com>, Susan Braidi <susan.braidi(a)mail.wvu.edu>, Peggy Pings <peggy.pings(a)mail.wvu.edu>, Ann Payne <paynestake(a)frontier.com>, chuck coole <chuckcoole(a)gmail.com>, Greg Morgan <cnci(a)mountain.net> just a reminder about the DEP fly ash public meeting on monday, Oct 17 at 6pm. hope to see you there. For information about the 2 sites, the extensive use of ash, and why dumping coal ash is a concern, see : http://www.westvirginia.sierraclub.org/announcements/flyash-northernWV.pdf http://www.environmentalintegrity.org/news_reports/documents/CoalAshMythFac… http://democrats.naturalresources.house.gov/content/files/2011-09-26_LTR_OS… On Tue, Oct 4, 2011 at 10:33 PM, Petra&John Wood <pbjmwood(a)gmail.com> wrote: > WVDEP has scheduled a public meeting to hear comments and answer > questions about 2 Coresco coal ash dump permits near Maidsville across the > river from Morgantown. It will be Monday, October 17 at 6:00 pm at the > Granville Volunteer Fire Department's event hall. The fire dept is on Rt > 100 and the event hall is located across the street and behind some new > construction. > > One permit is a renewal of an existing site of ~140 acres where there is > already some evidence that water contamination is occurring. The second is > a new permit for ~338 acres. > > We hope to get a large turn-out so that we can impress upon WVDEP that many > people oppose dumping toxic fly ash into our environment. We expect the > mining and power company interests will try to pack the room with their > employees. > > -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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House Passes McKinley's on Coal Ash Biull - Will Cost Lives, Jobs
by Jim Sconyers 14 Oct '11

14 Oct '11

A shameful day for the nation, and especially for us in West Virginia for two reasons: Our own Congressman McKinley, tool of industry, is the author of the bill; and we will bear the brunt of the consequences as northern West Virginia accelerates its status as the nation's coal ash epicenter. ---------- Forwarded message ---------- From: Jared Saylor <jsaylor(a)earthjustice.org> Date: Fri, Oct 14, 2011 at 2:18 PM Subject: FW: NEWS: House Vote on Coal Ash Will Cost Lives, Jobs To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org This press statement from Earthjustice on the coal ash vote just went out to about 300 reporters nationwide. _____________________________________________ *From:* Jared Saylor *Sent:* Friday, October 14, 2011 2:16 PM *To:* Jared Saylor *Subject:* NEWS: House Vote on Coal Ash Will Cost Lives, Jobs FOR IMMEDIATE RELEASE October 14, 2011 Contact: Lisa Evans, Earthjustice (978) 548-8645 Jared Saylor, Earthjustice (202) 667-4500, ext. 5213 House Vote on Coal Ash Will Cost Lives, Jobs *Neutering EPA’s ability to regulate toxic coal ash serves only corporate polluters* Washington, D.C. – The U.S. House of Representatives voted *267-144* today to pass H.R. 2273, a misguided attempt to neuter the Environmental Protection Agency’s attempt to set the first ever federal regulations on coal ash. Despite evidence showing groundwater contamination from arsenic, lead and other toxic metals at hundreds of sites and a recent study showing that federal coal ash regulations would *create 28,000 new jobs*<http://sei-us.org/publications/id/410>every year, the House voted to put the interests of corporate polluters ahead of the American public. The following statement is from Trip Van Noppen, president of Earthjustice: “Nearly three years after the tragic spill of more than 1 billion gallons of toxic coal ash in Kingston, Tennessee, it’s obvious that federally enforceable safeguards for the disposal of this toxic waste are long overdue. In fact, 267 members of the House of Representatives have taken the disturbing step of moving us even further away from this important public safety goal. “This Congress is turning their backs on what hundreds of communities living near coal ash ponds and landfills really need. Instead, these elected officials are paying attention only to the needs of corporate polluters intent on preserving their old, dangerous way of doing business. Coal ash is a toxic menace. We cannot afford another spill like the one in Tennessee, and the cold truth is that there are dozens of sites that could become another tragedy any day. Moreover, at hundreds of other coal ash sites, drinking water is contaminated with toxic heavy metals that can cause cancer and other disease. “A recent study by *Tufts University*<http://sei-us.org/publications/id/410>found that federal regulations for coal ash could provide 28,000 new jobs every year. At a time when our economy is struggling and so many Americans are out of work and trying to make ends meet, it’s shameful that 267 members of the House are turning their backs on real jobs. Rather than acting to protect America’s health and environment, it’s obvious that some members of Congress are only acting to protect polluter profits.” ####### - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: Congress should vote to protect renewable coal ash - The Hill's Congress Blog
by Jim Sconyers 14 Oct '11

14 Oct '11

Breathtaking lies from my/our Congressman. ---------- Forwarded message ---------- From: Scott Stapf <sstapf(a)hastingsgroup.com> Date: Fri, Oct 14, 2011 at 11:07 AM Subject: Congress should vote to protect renewable coal ash - The Hill's Congress Blog To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org http://thehill.com/blogs/congress-blog/energy-a-environment/187573-congress- should-vote-to-protect-renewable-coal-ash "Renewable" coal ash!? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: COAL ASH VOTE IN HOUSE TOMORROW (FRIDAY): Still time to make a call!
by Jim Sconyers 13 Oct '11

13 Oct '11

---------- Forwarded message ---------- From: Lisa Evans <levans(a)earthjustice.org> Date: Thu, Oct 13, 2011 at 8:42 PM Subject: COAL ASH VOTE IN HOUSE TOMORROW (FRIDAY): Still time to make a call! To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org Dear Friends-- Please remind your Representative to vote to protect health and the environment and OPPOSE H.R. 2273! There is still time to call or email. Urge your congressperson to vote NO on H.R. 2273-- the coal ash bill introduced by Rep. McKinley (R-WV), which threatens the health of thousands of Americans nationwide by allowing states to continue operating leaking and dangerous coal ash dumps without requiring basic safeguards. Please call and email your Representative as early as possible now or on Friday morning. A list of all house offices and environmental staffers is attached to this email. Simply ask your Congressman to stand for pubic health and a safe environment and oppose H.R. 2273. You may wish to tell your Representative that passage of H.R. 2273 will endanger Americans nationwide: -- By allowing the indefinite operation of dangerous coal ash ponds like the one that collapsed in Tennessee in 2008; -- By allowing the continued poisoning of drinking water and fouling of air with ash containing arsenic,hexavalent chromium, lead, mercury and other hazardous metals, and -- By preventing EPA from enforcing safety standards at coal ash dumps and preventing the Agency from ever regulating coal ash disposal in the future. And you may wish to tell your Representative that H.R. 2273 will not increase recycling (because it encourages wet disposal) and will not create jobs. A study released this week by a Tufts University economist concluded that a strong subtitle C coal ash rule would net as many as 28,000 jobs each year. Thank you in advance for making this important call and sending an email to your Representative. Please send this alert to your own lists for maximum impact. Sincerely, Lisa Evans Lisa Evans Senior Administrative Counsel Earthjustice 21 Ocean Ave. Marblehead, MA 01945 T: (781) 631-4119 www.earthjustice.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: Ad Campaign for Marcellus Gas
by James Kotcon 11 Oct '11

11 Oct '11

Please excuse cross postings, I am not sure who is on the Energy Committee list, and I will be using gmail for this action. I have been working with Darla Gage of Growth Media Services on the ad campaign for Marcellus. They are the folks that did the PATH campaign, and Frank is correct, they are a pleasure to work with, and have done a lot on a very short timeframe. (The Marcellus-WV webpage has been a major resource). Below is a discussion of some advertising options. To summarize, newspaper advertising is a blackhole, don't waste your money. TV is good for visuals, but it is hard to motivate action from people once they sit down. A combination of billboards, radio, and internet advertising makes a cost-effective package that can be on-line is a short timeframe. In particular, an internet ad on a newspaper site would allow viewers to click on our link, which could take them to our web page that might direct them to more action. I propose a conference call Monday evening at 7 PM to brainstorm options and get consensus on what to do next. Darla is talking about having a film crew out as early as Tuesday so that material can be up by Sept. 5. Whaddya Tink? Jim Kotcon ---------- Forwarded message ---------- From: <darla(a)growthmediaservices.com> Date: Fri, Aug 26, 2011 at 6:52 PM Subject: Ad Campaign for Marcellus Gas To: jkotcon(a)gmail.com Hi there, Ok, I've checked out the website to familiarize myself more with the issues, and I have a few questions/thoughts for you. 1. You mention that you want the campaign to run Sept 5-12. Are you wanting it to run just that week, or are you looking for a more long term campaign? 2. Per our conversation, I understand that this is a public awareness campaign, similar to what we did for StopPATHWV. No politicizing, just making the public aware of the health, ecological and cost issues. The success of the StopPATH campaign relied on the fact that we conveyed the issues without appearing alarmist or radical, just calmly spreading the facts and making the communities aware of the issues. While the power company tried to stop the campaign, they couldn't because the basis of the information was 100% factual. They could not complain that we were crying "Fire" in a crowded theatre. We need to do the same thing here. We need to bring the reality of the situation home, explain the real world impact on their lives...this isn't something taking place halfway around the world, but something that could have an impact on the streams they fish, the water they drink, etc. Lots of different ways this can be done. One thing we would definitely want to show is the impact to the land. If there are any experts we could speak with regarding it, that would be a good option as well. I'll work this weekend on script ideas and avenues to pursue to have the most impact. 3. Given the quick turnaround time, your best bet to reach the most people is probably going to be online. Running a campaign on the Charleston Gazette site is probably a very good idea. (StopPATH got more responses from their video on the local paper's site than from the substantially more expensive local television networks.) The turnaround time for online advertising is also much more in line with the timeline we are looking at. 4. Google is a great fit for this. Placing the ads so that when someone does a search for Marcellus Gas, for fracking, and other critical keywords, they find your ad is a powerful tool. (Irritated Allegheny Power to no end that every time someone searched for Electric Company or Allegheny Power,they got an ad running against them!) Also, these are cost effective. Instead of paying for impression, you pay per response. With traditional media outlets (print, radio, television) you pay every time the ad runs. Through Google, you only pay when people click through to your website for more information. Definitely helps stretch the budget, and can reach ad locations that you couldn't reach on your own. (Google's network partners with major media outlets and thousands of websites to target the ads to the exact market...for example, a client who ran ads for a home show found their ads on HGTV's website. Perfect fit for their market.) 5. Direct mail is ridiculously expensive. Not really an option on this kind of thing. Billboards might be a good option. Affordable and broad reaching. And when done in a way to get their attention and make them think about it, can work well. 6. Radio may also be a good fit. If you do internet ads on the Gazette website, Google video ads and display ads, billboards and a radio campaign, you will have a great coverage area demographically. I need to double check some rates, but we should be able to do anywhere from a 30 day to 90 day campaign on all of these outlets for the budget you allocated. Let me know your thoughts. I know this is a lot of info and may seem like gibberish, so feel free to ask questions. If all of this looks good, I'll put together the official proposal and send it over...and with your go-ahead we'll start on some scripting this weekend. That way we'll be able to present you with an ad campaign on Monday. If it looks good, we'll need to get started first thing next week, in order to have the ads filmed, graphics designed, audio recorded, and everything edited approved and sent to the media outlets by the 5th. Best regards, Darla PS: One more question...need the verbage for the ad disclosure (This ad was paid for by a grant from....etc). To make sure we have all the legal avenues covered. Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person.

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Re: [EC] U.S. House Passes ALEC-Inspired TRAIN Act
by Paul Wilson 10 Oct '11

10 Oct '11

U.S. House Passes ALEC-Inspired TRAIN Act by Rebekah Wilce On September 23, the House of Representatives passed the American Legislative Exchange Council-inspired "Transparency in Regulatory Analysis of Impacts on the Nation (TRAIN) Act" and forwarded it to the Senate. Read this article on PR Watch at http://www.prwatch.org/node/11039 Please note the attached report came out and February and may have already been passed around. but the ALEC inspired legislation ignores that argument. enjoy, paul -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Bad news - Manchin is happy
by Jonathan Rosenbaum 06 Oct '11

06 Oct '11

Did you see this? http://manchin.senate.gov/public/index.cfm/press-releases?ID=302a2dba-6628-… and this isn't good either. http://earthjustice.org/news/press/2011/house-votes-to-increase-mercury-pol… -Jonathan

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EC October 2011