Tuesdays with Turtles – Leatherbacks in Gabon

As part of blog action day, today’s a day when every blog features a post about the environment. Turns out that this is an environmental blog where most of the posts are about the environment. But nothing like a deadline for a noble cause to make me blog, so here goes…

What the rich use and throw away, the poor are reduced to scavenging to earn a meager living. Yes, while climate change rightly takes up a lot of attention, more mundane problems including landfills in poor communities, the export of waste from the first world to the third world, and the “shocking” poverty that drives this export of waste all deserve their fair share of attention.

U.N.: ‘Shocking’ conditions at Kenya dump – World Environment – MSNBC.com

“Willis Ochieng, 10, scavenges through smoking refuse piled as high as a house at one of Africa’s biggest rubbish mountains, his friends sitting nearby sucking on dirty plastic bottles of noxious yellow glue.

Located near slums in the east of the Kenyan capital Nairobi, the open dump receives some 2,000 tons of garbage daily. A U.N. study published on Friday says it is seriously harming the health of children and polluting the city.”

And boy, do the people there suffer. Asthma, anemia, high levels of lead in the blood, chronic cough, and a smorgasbord of other acute and chronic conditions.

This dump is not alone, of course. Landfills are a feature of every country, and in my current home state of North Caroiina, are located with disproportionate frequency in African American communities. the free market advocate would say that this represents an opportunity for the people in the community to gain some employment and make some money. The truth of the matter, however, is that we do not pay the right price for waste generation. The people who live near, and make a living off the “dump” subsidize our profligate selves.

Judith Lewis of the LA Weekly summarizes the issues before the Supreme Court currently debating the Clean Water Act. Among the things she says:

One state’s boon is another state’s disaster, and it doesn’t much matter whether that state is red or blue: If you’ve seen what happens when your swamps disappear, as they have in Florida, you know why it’s important to protect them.

In other words, each state is free to screw up its water and then realize too late that they need to protect their wetlands? This points to the insanity that underlies all Federal Environmental Regulation, they are based on the Federal Government’s authority to “Regulate Interstate Commerce” under the Commerce clause of the Constitution. Since Environmental Protection is not mentioned in the Constitution (did they even have indoor plumbing of the non chamber pot variety?), it is considered a state subject unless it affects “commerce”. This can be interpreted either expansively to protect the environment, or Scalialisciously (thank you, the very wonderful Dahlia Lithwick, the only Supreme Court columnist to have her own fan page) to let any one build/dump wherever they please as long as they are not on the banks of the Mississippi! The CWA specifically empowers states to issue permits and it would seem that an successful challenge would really muddy the waters  🙁

Reading Lithwick’s dispatch leaves me to believe that it’s going to be a close call. Justices Scalia and Roberts seem to be finely parsing language and displaying a contemptuous and obviously fake ignorance of watershed hydrology. Hopefully, the center (Kennedy) will hold, He is a “States Rights” kinda guy, though, which is scary. On the other hand, he likes European Law and Europe is the Queen of classic command and control environmental regulation. Help, I can’t stand the suspense, what do the Vegas lines say???! Here are some of the possible consequences of an unfavorable ruling –

Under that topsy-turvy interpretation of the landmark 1972 law, more than half of all streams in the United States, as well as one-fifth of all wetlands, would no longer be protected, according to the federal Environmental Protection Agency. And waterways that provide drinking water for more than one in three Americans would be at risk. Nearly 150,000 miles of protected streams in California could be threatened.

The federal government is arguing for the continuation of the CWA, which I guess is some relief, hope they want to win this one.

Where for the n’th time, you get to use “EPA”, and “scales back rules” in one sentence.

E.P.A. Scaled Back Rules on Wetlands – New York Times

After a concerted lobbying effort by property developers, mine owners and farm groups, the Bush administration scaled back proposed guidelines for enforcing a key Supreme Court ruling governing protected wetlands and streams. The administration last fall prepared broad new rules for interpreting the decision, handed down by a divided Supreme Court in June 2006, that could have brought thousands of small streams and wetlands under the protection of the Clean Water Act of 1972. The draft guidelines, for example, would allow the government to protect marsh lands and temporary ponds that form during heavy rains if they could potentially affect water quality in a nearby navigable waterway. But just before the new guidelines were to be issued last September, they were pulled back in the face of objections from lobbyists and lawyers for groups concerned that the rules could lead to federal protection of isolated and insignificant swamps, potholes and ditches.

This is the consequence of a tortured Supreme Court ruling from June of last year where Justice Kennedy could not make up his mind on what was a wetland and what was not, so he helped hand down a very confusing verdict open to all kinds of interpretation. At that time, here’s what I said…

This will make things confusing for a while, and you all know who confusion favors!

Well, I told ya!

Raleigh Eco News
For all the news that is fit to print about the Apex fire, which I was guilty of ignoring because I was “too busy”. She writes well too.