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BLOOMBERG LAW: Limiting P.P.T. PFAS Quite Challenging But Necessary
by Frack Check WV: Duane Nichols 15 Mar '23

15 Mar '23

# [BLOOMBERG LAW: Limiting P.P.T. PFAS Quite Challenging But Necessary](https://www.frackcheckwv.net/2023/03/15/bloomberg-law-limiting-p… t-pfas-quite-challenging-but-necessary/) [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/94B7B706-9D41-4187-A635-186781E2C8A0.jpeg)](https:/… content/uploads/2023/03/94B7B706-9D41-4187-A635-186781E2C8A0.jpeg) PFAS are very stable organic chemicals, lasting “forever” … **US Plan to Limit PFAS in Water Draws Concern Over Cost, Science** From a [Review by Pat Rizzuto, Bloomberg Law](https://news.bloomberglaw.com/environment-and-energy/us-plan-to-limit- pfas-in-water-draws-concern-over-cost-science), March 15, 2023 The first-ever national drinking water limits for PFAS the EPA proposed Tuesday are raising concerns about the costs to utilities and ratepayers, questions from industry about the science the agency used, and predictions of more litigation over the health effects of the chemicals. The proposal also should spur controls on upstream sources of the chemicals, according to both a key lawmaker and the Southern Environmental Law Center, a nonprofit environmental legal advocacy organization. The Environmental Protection Agency proposed a 4 parts per trillion (ppt) enforceable limit on the amount of either perfluorooctanoic acid (PFOA) or perfluorooctane sulfonic acid (PFOS) that could be in drinking water. It also proposed a strategy to limit four additional per- and polyfluoroalkyl substances (PFAS) in drinking water. VIDEO: PFAS: The ‘Forever Chemicals’ Water utilities would be required to monitor the PFAS, reduce levels exceeding the proposed limits, and notify their customers if the PFAS levels were above the EPA’s limits. The proposed limits, the lowest level many laboratories can reliably detect, are tighter than any states have proposed. Also known as forever chemicals, some PFAS persist in the environment for years and have been linked to an increase in the risk of various diseases including cancer. The plans “signal a more aggressive stance on the EPA on regulating these chemicals,” said Stephanie Feingold, a partner at law firm Morgan Lewis specializing in environmental regulations and litigation. Additional PFAS rules the agency is pursuing include designating two or more PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, or Superfund law; limiting industrial effluents of the chemicals; and collecting extensive information on PFAS that have been in commerce for more than a decade. The Association of Metropolitan Water Agencies (AMWA) has serious concerns about the cost of this rulemaking, particularly as those costs will potentially fall to ratepayers, said association spokesman Brian Redder. **Cost Concerns** ~ The EPA offered treatment options to address the presence of PFAS in drinking water. Granular activated carbon (GAC), anion exchange, high-pressure membrane technologies, reverse osmosis (RO), and nanofiltration can remove the PFAS, the agency’s proposed rule said. The EPA’s estimated costs for water utilities to comply with its proposal range from $772 million to $1.2 billion, while its estimated benefits range from $908 million to $1.2 billion. Yet treatment expenditures utilities already have incurred suggest the costs could exceed the agency’s estimate, AMWA CEO Tom Dobbins said in a statement. “For comparison, AMWA member Cape Fear Public Utility Authority’s estimated capital cost for its treatment was $43 million, and its annual operating cost was $3-5 million,” Dobbins said. “If about 16 utilities of similar size to Cape Fear nationwide had to implement comparable treatment techniques, the total cost would exceed EPA’s estimate,” of $772 million, he said. The 2021 infrastructure law provided $10 billion to address emerging contaminants including PFAS in drinking water. “But the costs of meeting the proposed standards will far exceed the additional funding, said the American Water Works Association (AWWA). More than an estimated 5,000 water systems will have to develop new water sources or install and operate advanced treatment; another 2,500 water systems in states with existing standards will need to adjust existing PFAS treatment systems, it said. A recent study requested by AWWA estimated the national cost for water systems to install treatment to remove PFOA and PFOS to levels required by the EPA’s proposal exceeds $3.8 billion annually, that association said. “The vast majority of these treatment costs will be borne by communities and ratepayers, who are also facing increased costs to address other needs, such as replacing lead service lines, upgrading cybersecurity, replacing aging infrastructure and assuring sustainable water supplies,” AWWA said. Both water associations stressed the need to make sure the EPA used sound science to underpin its proposed limits. “I think there will be litigation,” even before a final rule would be finalized, on both the science underpinning the EPA’s proposal and its strategy to limit the four PFAS, said Jessie Rosell, an environmental attorney with Lathrop GPM’s PFAS practice. **Litigation Outlook** ~ Rosell and Feingold described the “hazard index” strategy the agency proposed to use to regulate four PFAS as an unusual approach to limiting drinking water contaminants. The index, a mathematical calculation of whether people’s exposure to contaminants is close to levels that might cause health problems, is more often used as a tool for deciding whether some kind of cleanup or other regulatory action is needed, Feingold said. Rosell predicted there will be legal challenges to the EPA’s proposal similar to those chemical manufacturers mounted after the agency last June set interim and final health advisories for PFOA, PFOS, and hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt, referred to as the “GenX chemicals” due to the technology that produces them. The US Court of Appeals for the D.C. Circuit dismissed for lack of standing the challenge the American Chemistry Council brought against the agency’s interim health advisories for PFOA and PFOS. But the Chemours Co.'s challenge to the agency’s final GenX health advisory is proceeding in the US Circuit Court of Appeals for the Third Circuit. Issues raised in those lawsuits are likely to be raised again, Rosell said. “We have serious concerns with the underlying science” that the EPA used to develop its proposals, ACC said in a statement. It pointed to draft guidance the World Health Organization issued that proposed much higher limits than did the EPA—100 ppt on PFOA and PFOS . The agency also has not completed its health assessment of two of the six PFAS, the chemistry council said. Those two are perfluorohexane sulfonate (PFHxS) and perfluorononanoic acid (PFNA). The agency’s research office expects it will take until next year for the agency to complete its analysis and then have independent scientists critique it. “The maximum contaminant levels (MCLs) the EPA sets will become target cleanup levels at Superfund sites and de facto cleanup levels at other sites, which is another reason it’s so important to get the science right,” said Tom Flanagin, an ACC spokesman. Meanwhile, both Rosell and Feingold said attorneys representing individuals in toxic tort cases could use the science and standards in the EPA’s proposal to bolster their cases, as they’ve already been using the interim and final health advisories the agency set last June. Plaintiffs in a multidistrict case relating to PFAS in firefighting foam and the Department of Justice on Tuesday alerted the U.S. District Court for the District of South Carolina about the EPA’s proposal. “EPA determined PFOA and PFOS are likely carcinogens (i.e., cancer causing) and that there is no level of these contaminants that is without a risk of adverse health effects,” according to the filing. “Given that there is no higher regulatory authority than EPA, no prudent water provider can ignore this important safety information even prior to it becoming legally enforceable.” **Disposal, Upstream Releases** ~ The EPA’s proposal raises many questions including how drinking water utilities will dispose of spent filters and other equipment they use to remove the PFAS, Feingold said. The technologies the EPA named concentrate the PFAS they remove from drinking water, but then move them into other media, she said. Rep. Chris Pappas (D-N.H.) said he plans to reintroduce his Clean Water Standards for PFAS Act this year to limit industrial discharges of PFAS into rivers, groundwater and other drinking water supplies. “States must act now using existing law to protect people and their drinking water,” said Geoff Gisler, a senior attorney with the Southern Environmental Law Center. Michigan has required pretreatment for 59 industrial and other facilities that release PFAS into sewers, according to information the Michigan Department of Environment, Great Lakes, and Energy previously provided Bloomberg Law. Colorado, Michigan, and North Carolina have taken some actions to reduce industrial sources of PFOS and some other PFAS, but not nearly as much as they should, Gisler said. URL: <https://www.frackcheckwv.net/2023/03/15/bloomberg-law-limiting-p-p-t- pfas-quite-challenging-but-necessary/>

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The Hydrogen Boondoggle is an Enormous Slush Fund
by Frack Check WV: Duane Nichols 14 Mar '23

14 Mar '23

# [The Hydrogen Boondoggle is an Enormous Slush Fund](https://www.frackcheckwv.net/2023/03/14/the-hydrogen-boondoggle-is-an- enormous-slush-fund/) [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/A2E68673-9F5E-4C1F-9959-B25E3C12F627.png)](https://… content/uploads/2023/03/A2E68673-9F5E-4C1F-9959-B25E3C12F627.png) The Ohio River Valley Institute has studied these half-baked ideas! **Hydrogen Slush Fund Means More Dollars Wasted On The Green Energy Boondoggle** From a [Letter to Editor by Frank Lasee, Former Wisconsin State Senator](http://www.truthinenergyandclimate.com), February 25, 2023 Nearly 50 years ago in 1976, the US Congress authorized the Hydrogen Program managed by the National Science Foundation. Then in 1983, Bush and Congress threw more money at hydrogen as an alternative energy source. Last year Congress and Biden, in their infrastructure bill, created a $9.5 billion dollar hydrogen slush fund. The Europeans have also authorized $5.2 billion euros for their hydrogen slush fund. Since 1839, scientists have been working on hydrogen for energy and storage with little to show for it. The future of green hydrogen is just as dull. Brown and grey hydrogen, made from coal or natural gas (CH4), makes more reasonably priced hydrogen now. Hydrogen is not a fuel. It must be created and is only a way of storing and transporting energy. All of which are difficult, expensive and there is no infrastructure to support it. This $9.5 billion slush fund is a breeding ground for multiple Solyndras. (Solyndra was 1/3 of the 1.5 billion-dollar taxpayer loss on Obama’s solar revolution.) The Biden administration has authorized a half billion loan guarantee for a green hydrogen hub in Delta, Utah. Never mind that green hydrogen requires huge volumes of water and Delta is on the edge of the desert, and the entire southwest is chronically short of water. Or that Utah today only gets 4% of its electricity from wind and solar. There is no “excess” wind and solar to create green hydrogen in Utah. Building a green hydrogen hub in a very dry place with very little “renewable” energy is not wise; some would even call it stupid. The Biden administration needs a talking point to fix the recently admitted unreliability problem of wind and solar. So common sense and fiscal responsibility are unnecessary. Our electric grids need full-time demand matching electricity, or we have blackouts. There is a dawning realization by the climate religion, there isn’t enough lithium in the world, over the next few decades, to build tens of millions of electric vehicles and industrial scale grid batteries too. In addition, lithium batteries cannot store the abundant solar power California has in the sunny mild winter for use in hot July. The energy will have left those batteries long before July rolls around. Hence, the expensive talking point of green hydrogen was born. Making green hydrogen takes a lot of energy. About 35% more energy than the created hydrogen stores. Then you lose another 30% when you transport and use it. Hydrogen yields only 35% of the energy input. It is a real energy loser. Making green hydrogen requires 13 times more water, sea water has to be desalinated first, and additional water for cooling. Then heat the water to 2,000 degrees and electrocute it, freeing oxygen into the air and hydrogen into the factory. Then super chill to near-absolute zero. Then compress it to 10,000 psi, which is three times the psi of an average scuba tank. Super cold liquid hydrogen is born. It can be used for fuel cells and burned in electric producing power plants instead of natural gas. We get far more bang for our buck with natural gas rather than create electricity to make green hydrogen, only to burn it again, to make electricity using a process that costs 65% of the energy. The whole concept of using wind and solar to produce green hydrogen has an elephant-in-the-room type problem. The Industrial Four Step process of making hydrogen isn’t something that can be started on sunny mornings and stopped in the late afternoon. Or fired up when the wind starts blowing and then shut down when the wind stops. What will keep the hydrogen process flowing on dark windless nights? Does a green dreamer care to answer that? Do the facts matter? Heck, it is only federal borrowed money anyway. Hydrogen is just another form of political greenwashing at the American people’s expense. We need to stop the wasteful spending of taxpayer money — money we don’t have — on green boondoggles before it is too late. Before the communist Chinese, who use more than half of the 8 billion tons of coal as their primary fuel source (60% of total energy), eat our lunch and rule the world, Americans need to wake up to the dangerous threats of the green energy nightmare and the rising threat of the Red Chinese Dragon before it is too late! >>> Frank Lasee is a former Wisconsin state senator. The district he represented had two nuclear power plants, a biomass plant and numerous wind towers. He has experience with energy, the environment, and the climate. You can read more energy and climate information at www.truthinenergyandclimate.com which Frank leads. URL: <https://www.frackcheckwv.net/2023/03/14/the-hydrogen-boondoggle-is-an- enormous-slush-fund/>

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German Natural Gas Grid Adding 30% Hydrogen For Regional Gas Network
by Frack Check WV: Duane Nichols 13 Mar '23

13 Mar '23

# [German Natural Gas Grid Adding 30% Hydrogen For Regional Gas Network](https://www.frackcheckwv.net/2023/03/13/german-natural-gas-grid- adding-30-hydrogen-for-regional-gas-network/) [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/0536C1E3-93ED-44C8-B755-84E1BD51938C.jpeg)](https:/… content/uploads/2023/03/0536C1E3-93ED-44C8-B755-84E1BD51938C.jpeg) Research and planning bringing modern innovations **The Hydrogen Stream: German grid operator increases hydrogen blend in regional gas network** From the [Articles of Sergio Matalucci, PV Magazine](https://www.pv- magazine.com/2023/03/10/the-hydrogen-stream-german-grid-operator-increases- hydrogen-blending-in-regional-gas-network/), March 10, 2023 **German grid operator Netze BW, a unit of energy company EnBW Group, said it will increase the amount of hydrogen in its regional gas network in Oehringen, in the southwest of Germany, from 20% to 25%.** “In three weeks, we will reach 30% of hydrogen in the local gas grid,” Heike Grüner, project leader, told pv magazine. Netze BW will keep a 30% hydrogen blend for some months to generate better data on home heating in detached family homes. “In the following phase of the project, we will introduce oscillations from 0 to 30% hydrogen. Volatile mixtures will simulate real-life volatility typical of energy systems with an increase in renewable energies.” Netze BW, which operates the distribution grid in large parts of Baden- Württemberg region, said that 100% hydrogen in the grid in the future would be possible. The company will share the data coming from the Oehringen “hydrogen island” with all the European grid operators to show that gas grids can be used in the clean energy transition. Netze BW started to use a hydrogen blend for the company's appliances in November 2021, introducing a hydrogen-gas blend for customers in 2022. Last year, the company also tested all the appliances in the Oehringen network with a blend of up to 35% hydrogen. #######+++++++#######+++++++######## **Toyota‘s new electrolysis equipment using the fuel cell stack and other technology from the Mirai vehicle will be put into operation this March at a Denso Fukushima Corporation plant.** “It will serve as a technology implementation venue to promote its widespread use going forward,” said the Japanese car manufacturer. Toyota added it would accelerate its efforts to build a model for the local consumption of locally produced hydrogen, using electrolysis equipment to produce clean hydrogen and combust it in one of the plant's gas furnaces. The **Climate Change Committee said that hydrogen is related to three of the ten priorities** to deliver a reliable decarbonized power system in the UK. The UK's independent adviser on tackling climate change underlined that the government should identify priority hydrogen investments by 2024, finalize by the end of the year ad-hoc funding mechanisms to support the development of 10 GW of low-carbon hydrogen production, and fast-track the development of new business models for hydrogen transportation. The report sees a limited role of hydrogen in heating. Researchers at **Australia 's Monash University have isolated an enzyme** that can convert minute concentrations of hydrogen in the atmosphere to produce a sustained electrical current, paving the way toward a future where devices are literally powered out of thin air. The research team, led by Rhys Grinter, Ashleigh Kropp, and Chris Greening from the Monash University Biomedicine Discovery Institute in Melbourne, isolated and analyzed the genetic code of an enzyme that enables a common soil bacteria to consume hydrogen and extract energy from it. The **Atlantic Council said that green hydrogen could spur development in Sub- Saharan Africa** , especially in South Africa, Namibia, and Kenya. “Following the hydrogen valley model, the Southern Corridor Development Initiative is a partnership between the Namibian Green Hydrogen Council and the German firm Hyphen Hydrogen Energy. The project is expected to produce 300,000 tons of green hydrogen by 2030 from 5 GW to 6 GW of installed renewable energy capacity,” said the Atlantic Council. According to the report, the export potential depends on finding a solution to local energy poverty, inequities between nations, and energy networks within the region. URL: <https://www.frackcheckwv.net/2023/03/13/german-natural-gas-grid- adding-30-hydrogen-for-regional-gas-network/>

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‘Farmers for Climate Action’ Program Searches for Solutions
by Frack Check WV: Duane Nichols 12 Mar '23

12 Mar '23

# [‘Farmers for Climate Action’ Program Searches for Solutions](https://www.frackcheckwv.net/2023/03/12/%e2%80%98farmers-for- climate-action%e2%80%99-program-searches-for-solutions/) [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/95195216-0C9C-4064-A7FF-026D2AD5F42A.jpeg)](https:/… content/uploads/2023/03/95195216-0C9C-4064-A7FF-026D2AD5F42A.jpeg) Climate activists march to the U.S. Capitol after the ‘Farmers for Climate Action’: “Rally for Resilience” in Freedom Plaza on March 7, 2023 in Washington, DC. **Farmer Activists ‘Keep Slugging’ at ‘Farmers for Climate Action’ Rally in D.C.** From an [Article by Thom Duffy, Billboard Magazine](https://www.billboard.com/music/music-news/john-mellencamp-perfor… farmers-climate-change-rally-washington-dc-1235281452/), March 7, 2023 America’s farmers came to Washington, D.C., more than 40 years ago to save their farms. On Tuesday (March 7), a new generation of farmers, ranchers, farmworkers and activists came to the nation’s capital to save the planet. John Mellencamp, co-founder of Farm Aid, sang Tuesday for those gathered before they marched up Pennsylvania Avenue to the U.S. Capitol building, calling for Congress to take action on climate change in the forthcoming Farm Bill. “Here’s all I can say – keep slugging,” said Mellencamp, recalling how he and Willie Nelson and Neil Young formed Farm Aid in 1985 to support family farmers — a commitment they have sustained for four decades, joined by Farm Aid board members Dave Matthews and Margo Price. “We’ve been slugging since 1985 and let’s keep slugging,” said Mellencamp. “Let’s try to improve the quality of the food that we eat, the air that we breathe and the people that we are.” Taking the stage midday at Freedom Park, Mellencamp looked at the crowd before him and remarked: “The faces are much younger than they used to be. And I think that’s great that there are younger people trying to improve the planet and the food that we eat. So it’s up to you guys to lead the way.” **With that, Mellencamp played a spare, acoustic rendition of “Rain on the Scarecrow,” his harrowing 1985 song about the farm foreclosure crisis that led to the creation of Farm Aid.** **_Rain on the scarecrow / blood on the plow This land fed a nation / this land made me proud And son, I’m just sorry there’s no legacy for you now_** Farm Aid’s own legacy is the rising awareness, since the mid-1980s, of the importance of a national system of agriculture that values family farmers, good food, soil and water, and strong communities. **In recent years, there also has been an increasing awareness that industrial agriculture practiced on large corporate farms is contributing to the climate crisis. In a report in August 2021, the National Resources Defense Council stated that industrial agriculture is a “significant source” of carbon in the atmosphere.** The farmers and activists in D.C. championed what is known as regenerative farming, agriculture methods that can hold carbon in the soil, enhance biodiversity and help mitigate climate change. Farm Aid, with its annual concerts each September, may be the highest-profile organization drawing attention to the state of American agriculture — and Willie Nelson is certainly the nation’s best-known champion of family farmers. But this week’s gathering dramatically demonstrated that the breadth and scope of the nation’s farm movement transcends Farm Aid. The “Rally for Resistance: Farmers for Climate Action” was organized under the umbrella of the **National Sustainable Agriculture Coalition** and involved some two dozen activist organizations and more than 30 delegations of farmers from across the country who converged on Washington to make their voices heard. Plans for this rally were revealed at the Farm Aid festival in Raleigh, N.C., in September and exclusively reported by Billboard. The spark for the gathering is the current debate over the contents of the Farm Bill, the multi- part, multibillion-dollar legislation that is passed by Congress about every five years and has a massive influence on how the nation’s food is grown. **The most recent Farm Bill was passed in 2018 and expires this year.** **In September, Farm Aid joined more than 150 organizations in co-signing a letter asking President Biden “to weigh in on the next Farm Bill and demand that Congress build even further on the administration’s actions to date to reduce economic inequality; bridge the nation’s racial divides; end hunger; confront the climate crisis; improve nutrition and food safety; and protect and support farmers, workers, and communities,” wrote Farm Aid communications director Jennifer Fahy.** The evening before Mellencamp’s performance, supporters gathered at Luther Place Memorial Church on Logan Circle, a site of social activism since it was built in 1873. Philip Barker, a Black farmer and longtime activist from North Carolina, summed up the focus of the days of action: farmer-led climate solutions, racial justice in the Farm Bill, and “communities over corporations.” Sessions during the rally began with land acknowledgements, statements recognizing that the land upon which the nation’s capital was built was taken from indigenous people. Other speakers addressed the particular hardships that BIPOC farmers have experienced through decades of U.S. farm policy. And still others called for immigration reform as a way to address the chronic shortage of labor on America’s farms. Throughout, the voices and crowd chants in Spanish testified to the changing demographics of the nation’s farms. This gathering in Washington had particular resonance for David Senter, founder of the American Agriculture Movement. In 1979, Senter was one of the organizers of the Tractorcade protest that drew thousands of farmers to the capital. They traveled by tractor, traveling across the U.S. at 15 miles an hour — ”we came in on every East/West interstate, 100 miles a day,” recalls Senter — to lobby Congress for a new Farm Bill to increase crop prices and to have greater influence in agriculture policy. (One farmer at Tuesday’s rally returned with the tractor he’d driven to D.C. in 1979). Senter then returned to Washington in 1987 to accompany Willie Nelson and John Mellencamp when the two artists testified before the Senate Agriculture Committee about the family farm foreclosure crisis. **Senter was one of the featured speakers Tuesday at the rally in Freedom Park.** Since his earlier trips, have the stakes become higher? “We continue to lose family farmers and the farms become larger and larger,” replied Senter. “But we have to figure out how to make place for the next generation of farmers, the young farmers that want to grow food for this country and the world, so that they can survive.” That “absolutely does” include addressing the climate issue, said Senter. “Because we live in an extreme climate situation. I mean, you have floods, tornadoes, wildfires, droughts. It’s just unbelievable the climate extremes we’re experiencing and, of course, farmers, they deal with that every day, trying to produce food. So it’s very important that we get involved with that.” When Willie Nelson and his fellow artists formed Farm Aid in 1985, he recruited Carolyn Mugar to run the organization. “The earliest Farm Aid files are all stained with spaghetti sauce since I did that work at my kitchen table,” she recalled Tuesday. Then she set off across the country, speaking to farmers at their kitchen tables. (Mugar was recognized for her work on Billboard’s Women in Music list in 2020, the 35th anniversary of Farm Aid). “What in the Farm Bill can people get behind? Really, the very bottom line of everything is farm viability,” said Mugar. “A farmer cannot really even start getting into regenerative agriculture [to address climate change] if that farm is not financially viable. “And that means that we’ve really got to look at how farming should be taking place in this country. And do we really want to continue corporate concentrated farming, where the land is toxic and ruined, into the future? Or do we want to support farmers who are trying to keep, maintain and build the soil?” In dealing with the nation’s lawmakers, said Mugar, “we’ve got to get smarter about what we demand.” URL: <https://www.frackcheckwv.net/2023/03/12/%e2%80%98farmers-for-climate- action%e2%80%99-program-searches-for-solutions/>

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Chemical Leaks, PFAS & Local Train Derailments Recently
by Frack Check WV: Duane Nichols 11 Mar '23

11 Mar '23

# [Chemical Leaks, PFAS & Local Train Derailments Recently](https://www.frackcheckwv.net/2023/03/11/chemical-leaks-pfas-local- train-derailments-recently/) [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/226C87B9-E5EB-4F5A-A4D4-6E6D58327CF7-300x173.jpg)](… content/uploads/2023/03/226C87B9-E5EB-4F5A-A4D4-6E6D58327CF7.jpeg) Empty coal train derailment in the New River Canyon of West Virginia **CSX Train Derails In New River Gorge, Injuring 3 Railroad Workers** From an [Article by Curtis Tate, WV public Broadcasting](https://wvpublic.org/2-csx-workers-injured-in-new-river-gorge- derailment-released-from-hospital/), March 10, 2023 In a statement, CSX said an empty coal train struck a rock slide before 5 a.m. near Sandstone. [Sandstone is on the New River and WV Route 20 in Summers County, just South of the local interchange of I-64.] The train’s four locomotives derailed and one caught fire. Two of the three CSX workers injured in a Wednesday derailment in the New River Gorge have been released from the hospital, the railroad said Friday. Another injured worker continues to receive treatment. An engineer, conductor and engineer trainee were operating the westbound 109-car empty coal train early Wednesday when it struck large pieces of rock on the track near Sandstone. **All four locomotives and 22 cars derailed.** One locomotive came to rest in the river, and leaking diesel fuel caught fire. By Friday, CSX said the derailed locomotives and cars had been removed from the site. The railroad said it expected to resume rail service on Saturday. Amtrak’s Cardinal, which shares the affected track with CSX, was canceled in both directions for the remainder of the week. As part of its restoration effort, CSX said it would excavate any soil or rock that came in contact with diesel fuel and replace it with clean material. #######+++++++#######+++++++ **SEE ALSO:** [Confusion Reigned After Ohio Derailment, Hazmat Chief Testifies,](https://wvpublic.org/confusion-reigned-after-ohio-derailment- hazmat-chief-testifies/) Energy & Environment WVPB Staff, March 9, 2023 Eric Brewer, director of emergency services for Beaver County, Pennsylvania, said the decision to detonate five tank cars full of flammable vinyl chloride was poorly communicated. [~~ Continue Reading](https://wvpublic.org/confusion-reigned-after-ohio- derailment-hazmat-chief-testifies/) #######+++++++#######+++++++####### **SEE ALSO:** [A Look At Chemical Leaks, Train Derailments And PFAS On This West Virginia Morning](https://wvpublic.org/a-look-at-chemical-leaks-train- derailments-and-pfas-on-this-west-virginia-morning/), Energy & Environment WVPB Staff, Feb. 27, 2023 A serious train derailment and chemical release in Ohio has dominated the headlines for the past few weeks. West Virginia has seen its own share of disasters with hazardous materials, including an oil train derailment and fire in 2015. Energy & Environment Reporter Curtis Tate spoke with Jesse Richardson of the West Virginia University Land Use and Sustainable Development Law Clinic about those events. ~ ~ [Continue Reading](https://wvpublic.org/a-look-at-chemical-leaks-train- derailments-and-pfas-on-this-west-virginia-morning/) URL: <https://www.frackcheckwv.net/2023/03/11/chemical-leaks-pfas-local-train- derailments-recently/>

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PETITION ALERT ~ L.N.G. by Rail is Way Too Dangerous, Tell President Biden and the PHMSA
by Frack Check WV: Duane Nichols 10 Mar '23

10 Mar '23

# [PETITION ALERT ~ L.N.G. by Rail is Way Too Dangerous, Tell President Biden and the PHMSA](https://www.frackcheckwv.net/2023/03/10/petition-alert-l-n-g- by-rail-is-way-too-dangerous-tell-president-biden-and-the-phmsa/) [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/C1A9F04E-010D-4D21-A33C-57B655679B9A.jpeg)](https:/… content/uploads/2023/03/C1A9F04E-010D-4D21-A33C-57B655679B9A.jpeg) You can help to prevent LNG accidents, fires and injuries … [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/D14A8541-7B32-4A38-ADC1-52D18D8BB68E-300x24.png)](h… content/uploads/2023/03/D14A8541-7B32-4A38-ADC1-52D18D8BB68E.png) **Stop Liquified Natural Gas by Rail in Your Community!** **MEMO** :[ To Regional Residents & Concerned Citizens, Mid-Atlantic States](https://cleanaircouncil.salsalabs.org/bombtrains_copy1?wvpId=3ba821…, March 9, 2023 **We are asking for your support to[sign a petition asking President Biden and the Pipeline and Hazardous Materials Safety Administration (PHMSA) to take action to protect communities from the transport of dangerous liquified natural gas (LNG) by rail. LNG is natural gas that is chilled to -260°F.](https://cleanaircouncil.salsalabs.org/lngrailpetition/index.html?eType=EmailBlastContent&eId=4760a265-1fd8-4eeb-8434-8d4fd0a8f4ce) It is highly flammable and explosive when exposed to air and can burn the skin if it makes contact.** PHMSA is a federal agency under the Department of Transportation that is responsible for regulating the nation’s pipeline infrastructure. In July 2020, PHMSA issued a rule that lifted a long-standing ban on transporting liquified natural gas (LNG) by rail. PHMSA also issued a special permit to specifically allow the transport of LNG by rail from a liquefaction plant in Wyalusing, PA to an export terminal in Gibbstown, NJ by a company called New Energy Solutions. This LNG would then be shipped overseas. **The proposed rail route for this project would expose almost 2 million people to the risks of LNG, many of whom are low-income and already overburdened by environmental injustice. The special permit allows the transport of LNG using rail cars that were not designed for LNG transport, adding to the potential for a catastrophic incident. And as LNG is made from methane gas, it’s a highly potent greenhouse gas, further exacerbating the climate crisis.** **[Urge PHMSA to suspend the rule that authorizes LNG to be transported by rail, to deny the renewal of the special permit for Energy Transport Solutions, and to permanently ban the transport of LNG by rail.](https://cleanaircouncil.salsalabs.org/lngrailpetition/index.html?eTy… Thank you for taking this important action. >>> _Sincerely, Joseph Otis Minott, Esq., Executive Director and Chief Counsel_ CLEAN AIR COUNCIL, 200 FIRST AVE, SUITE 200, PITTSBURGH, PA 15222 URL: <https://www.frackcheckwv.net/2023/03/10/petition-alert-l-n-g-by-rail-is- way-too-dangerous-tell-president-biden-and-the-phmsa/>

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Traditional Values Under Threat in U.S. Congress: E.S.G. Plans Under Attack!
by Frack Check WV: Duane Nichols 09 Mar '23

09 Mar '23

# [Traditional Values Under Threat in U.S. Congress: E.S.G. Plans Under Attack!](https://www.frackcheckwv.net/2023/03/09/traditional-values-under- threat-in-u-s-congress-e-s-g-plans-under-attack/) [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/9E048C83-2E2F-4BD9-9264-6C42462F244D.jpeg)](https:/… content/uploads/2023/03/9E048C83-2E2F-4BD9-9264-6C42462F244D.jpeg) Many investors say “ESG Is Here To Stay” **Conservative values cast aside, Congress wages war on ‘woke’** [Opinion Editorial of the Morgantown Dominion Post](https://www.dominionpost.com/2023/03/08/conservative-values-cast-asid… congress-wages-war-on-woke/), March 9, 2023 While we’ve been largely focused on what’s been happening in Charleston lately, we’ve also had our eye on Washington, D.C., and the culture war backlash happening there. **Last week, Congress passed a joint resolution “disapproving” a Department of Labor rule that allows investment firms to take into consideration environmental, social and governance (ESG) factors. The resolution, if signed into law, would reverse the rule and forbid investment firms from using non-monetary factors when crafting portfolios for investors — even if it’s what investors want.** **The House of Representatives passed the resolution on a party-line vote. In the Senate, Sens. Joe Manchin and John Tester (D-Mont.) joined with Republicans to approve the disapproval.** (In an interview with Fox News about his support of the resolution, Manchin said, “E.S.G.s by itself could just kill our economy.” We assume he means the fossil fuel industry, from which he personally benefits.) **The resolution will go to President Joe Biden, who will have to decide whether or not to veto the bill. We hope he does. Because when it comes to ESG investing, also called sustainable investing, Congress has crossed the line with its resolution.** There are certainly cases where government interference in the market is warranted — like when monopolies kill competition and drive up prices, or when companies shirk their responsibilities to protect consumers. **The Department of Labor rule does not mandate that investment firms offer ESG, nor does it give any government-funded incentive for doing so — it merely gives financial institutions the ability to offer something that consumers increasingly want.** **Even within investment firms, not every client has to participate.** The vast majority — including big-name firms like Charles Schwab and Fisher Investments — offer optional ESG portfolios, traditional portfolios that give zero consideration to ESG or the ability to select a combination of ESG and regular investments. **In other words, Congress’ resolution is actually limiting the free market.** Individual investors increasingly want to know that their money is doing “good” and supporting companies that reflect their own personal values. Congress is essentially taking away investors’ say in what’s being done with their dollars, because conservatives view ESG as a form of “woke-ism” forcing progressive values onto Wall Street, rather than the market responding to consumer demand. **It boggles the mind how quickly conservatives abandon their small-government, free-market values in their endless pursuit of culture wars.** **If the government were to step in, it should only be to standardize the definition of ESG. What factors and benchmarks are considered ESG vary widely. In general, though, ESG considers things like companies’ environmental impact or green initiatives; diversity policies or human rights records; and political contributions or history of lawsuits. Some critics have raised the issue of “greenwashing” — companies claiming to be environmentally friendly or socially responsible — that make companies look more attractive for ESG investing than they actually are.** _[Sometimes government regulation of the financial industry is necessary — but this is not one of those times.](https://www.dominionpost.com/2023/03/08/conservative-values-cast- aside-congress-wages-war-on-woke/)_ URL: <https://www.frackcheckwv.net/2023/03/09/traditional-values-under-threat- in-u-s-congress-e-s-g-plans-under-attack/>

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Absolutely No Real Necessity to Build & Operate Nuclear Reactors
by Frack Check WV: Duane Nichols 08 Mar '23

08 Mar '23

# [Absolutely No Real Necessity to Build & Operate Nuclear Reactors](https://www.frackcheckwv.net/2023/03/08/absolutely-no-real- necessity-to-build-operate-nuclear-reactors/) [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/EBFB9A52-9CE8-4B27-9DC6-A269711BB14A.jpeg)](https:/… content/uploads/2023/03/EBFB9A52-9CE8-4B27-9DC6-A269711BB14A.jpeg) Modular nuclear reactors will be incredibly expensive, quite dangerous when operating and generate high level radioactive waste **[Action Alert from the WV Environmental Council](https://wvecouncil.org/), March 8, 2023** At any time, **the Senate Finance Committee is set to consider HB 2896, which aims to** **designate West Virginia as an agreement state with the US Nuclear Regulatory Commission (US NRC). However, this move could result in a financial burden of at least 9 million dollars for our State over the next 4-8 years. (As per the US NRC 's estimation, becoming an agreement state takes around 4-8 years.)** **The financial impact of HB 2896 cannot be ignored. This amount of money is substantial, especially considering the current funding shortages faced by the WV Department of Environmental Protection (WV DEP), which is already struggling to fulfill its regulatory obligations towards existing industries.** **Please contact Senate Finance Committee members and tell them you do not want West Virginia to take on the financial burden of HB 2896! Calls are most effective:** Senator Eric Tarr (Chair): (304) 357-7901 Senator Rupie Phillips (Vice Chair): (304) 357-7857 Senator Jason Barrett: (304) 357-7933 Senator Donna J. Boley: (304) 357-7905 Senator Charles H. Clements: (304) 357-7827 Senator Glenn Jeffries: (304) 357-7866 Senator Mike Maroney: (304) 357-7902 Senator Eric Nelson: (304) 357-7854 Senator Mike Oliverio: (304) 357-7919 Senator Robert H. Plymale: (304) 357-7937 Senator Ben Queen: (304) 357-7904 Senator Rollan A. Roberts: (304) 357-7831 Senator Randy Smith: (304) 357-7995 Senator Chandler Swope: (304) 357-7843 Senator Jack Woodrum: (304) 357-7849 >>> _[West Virginia Environmental Council](https://wvecouncil.org/), P.O. Box 1007, Charleston, WV 25324_ info(a)wvecouncil.org (304) 414-0143 URL: <https://www.frackcheckwv.net/2023/03/08/absolutely-no-real-necessity-to- build-operate-nuclear-reactors/>

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SOLAR UNITED NEIGHBORS (SUN) issues their impressive Annual Report
by Frack Check WV: Duane Nichols 07 Mar '23

07 Mar '23

# [SOLAR UNITED NEIGHBORS (SUN) issues their impressive Annual Report](https://www.frackcheckwv.net/2023/03/07/solar-united-neighbors-issu… their-impressive-annual-report/) [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/9EAC5299-1403-404E-886B-B5D5070009F7-300x168.jpg)](… content/uploads/2023/03/9EAC5299-1403-404E-886B-B5D5070009F7.jpeg) SOLAR UNITED NEIGHBORS are very active! **To: Everyone Interested & Concerned About Energy Supply and the Environment** From the [Solar United Neighbors, Washington, DC,](https://go.solarunitedneighbors.org/webmail/941793/251695294/638e32be6… March 6, 2023 I’m thrilled to share our [2022 Annual Report](https://www.solarunitedneighbors.org/wp-content/uploads/2023/02/Sol… United-Neighbors-Annual-Report-2022.pdf) with you. In it, you’ll find just a sampling of all of the incredible work our team accomplished last year. [Here’s a few highlights:](https://go.solarunitedneighbors.org/webmail/941793/251695294/6… A. Helped pass the largest federal solar policy in a generation (the Inflation Reduction Act). B. Rallied hundreds of solar supporters to successfully defend net metering against a utility-sponsored bill in Florida. C. Launched a new program in Puerto Rico. D. Helped more than 1,300 households go solar (our biggest year yet!), including 40 low- and-moderate income families. E. Hosted 379 community events to educate, organize, and celebrate solar! Thank you for being a part of the solar community. Together, we’re building a new energy system with rooftop solar at the cornerstone. >> _Best wishes, Anya Schoolman, Executive Director, Solar United Neighbors_ **P.S. Like what you see?** [Support our work and spread the SUN even further by giving today!](https://secure.givelively.org/donate/solar-united- neighbors/donate-now-and-support-solar-06385778-212c-4f22-95bd-3f32649c8ba0/) **NOTE** ~ [You can read the 2022 Annual Report here.](https://www.solarunitedneighbors.org/wp-content/uploads/2023/02/Sola… United-Neighbors-Annual-Report-2022.pdf) URL: <https://www.frackcheckwv.net/2023/03/07/solar-united-neighbors-issues- their-impressive-annual-report/>

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CONSIDER West Virginians for Energy Freedom (WV4EF)
by Frack Check WV: Duane Nichols 06 Mar '23

06 Mar '23

# [CONSIDER West Virginians for Energy Freedom (WV4EF)](https://www.frackcheckwv.net/2023/03/06/consider-west-virginians-fo… energy-freedom-wv4ef/) [![](https://www.frackcheckwv.net/wp- content/uploads/2023/03/17D28643-9250-4DD3-A12B-A07369A21732-300x300.png)](… content/uploads/2023/03/17D28643-9250-4DD3-A12B-A07369A21732.png)**Community solar projects enable individuals, businesses, or organizations to purchase or subscribe to a “share” in a community solar project. Community solar participants receive a credit on their electric bill each month for the energy produced by their share.** URL: <https://www.frackcheckwv.net/2023/03/06/consider-west-virginians-for- energy-freedom-wv4ef/>

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