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Report: Utilities are less likely to replace lead pipes in low-income communities of color

Aging water infrastructure needs constant attention and investment to ensure safety for everyone — especially if the U.S. wants to avoid another Flint water crisis. According to the Environmental Protection Agency, water utility companies should invest more than $300 billion over the next two decades to renew and improve their networks of service lines and underground pipes, many of which contain lead. In part this is because the health effects of lead exposure are so severe: Even low levels can cause irreversible neurological damage.

Eliminating lead pipes across the country is the ultimate goal, but the standard practice of many utilities makes this exceptionally difficult. Utilities generally consider pipes on private property as belonging to customers — so they often won’t use government or utility money to replace them. Instead, they’ll opt to replace only the portion of the system on public property, unless homeowners volunteer to pay for service line replacements on their lots. If property owners fail to opt in, the lead service line is only partially replaced — and this ultimately provides limited or no long-term decrease in exposure risks. In fact, it can actually increase the possibility of lead seeping into drinking water in the short term.

As a result of this approach, low-income communities of color can see much spottier replacement rates in their neighborhoods — in large part because property owners in these areas are unwilling or simply unable to front the significant costs required to achieve a full replacement of service lines.

“If a program primarily benefits those with money, you’re going to have an environmental justice problem,” said Tom Neltner, chemicals policy director with the Environmental Defense Fund (EDF). “We need to make sure all residents, without regard to how much money they make or the color of their skin, benefit from these rules designed to protect people and protect public health.”

A new report from the EDF and American University’s Center for Environmental Policy bears this out. Researchers analyzed more than 3,400 lead service line replacements in Washington, D.C., that occurred between 2009 and 2018. During this 10-year period, the local water utility only covered the cost of replacing lead service lines on public property, requiring customers to pay for the remainder of the service occurring on private property.

After cross-examining the city’s neighborhood demographics and the participation rate of those who chose to front service costs, researchers discovered vast disparities between predominantly low-income African American households and wealthier white households. The city’s Ward 3, for instance, where the median household income is $107,499 and a large majority of residents don’t identify as black or African American, had the highest rate of customer-initiated lead service line replacements. Meanwhile, Wards 7 and 8, both predominantly low-income black neighborhoods, had the lowest rates of service replacements.

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“Washington D.C. was very aggressive in a good way in making it easy for residents to participate,” said Neltner. “But the numbers showed us results of the unintended consequence — where people with money participated in the program and those without, didn’t.”

The analysis also highlights that the Trump administration’s recent proposed revisions to the Lead and Copper Rule would amplify the financial burden on low-income communities of color by continuing the existing replacement paradigm, where utilities are only responsible for paying for lead pipe replacements on public property.

“We work closely with utilities across the country, and what they need is to find a way to move out of this paradigm that residents are fully responsible for paying to replace on private property,” Neltner said. “I want them to look and say: ‘We need to do this not only for public health benefit, but also because of environmental justice concerns.’”

As of today, Madison, Wisconsin, and Lansing, Michigan, are the only major cities ahead of the curve, having successfully removed all of their aging lead service lines. It wasn’t easy for Madison, but after court hearings and public battles, officials eventually launched an ambitious program in 2000 to replace every single lead service pipe across the city. Lansing, Michigan, followed suit and removed its last lead water service line in 2016. After what happened in Flint, Michigan, many other cities are also beginning to move more quickly towards the same goal of eliminating lead-based pipes.

Last year, Washington, D.C., passed a new law that bans partial lead service line replacements during infrastructure projects and emergency repairs — meaning property owners no longer have to shoulder the costs in these cases. The policy also amends the previous regulations by providing financial support to homeowners who didn’t get a chance to replace their pipes under the old policy.

“It’s going to take a while, but we need every opportunity we can get to fully replace these lines,” said Neltner. “Once you realize that lead pipes are a significant source of health risk to children and adults, you then realize you need to get them out of the ground.”

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Report: Utilities are less likely to replace lead pipes in low-income communities of color

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‘The next Flint,’ and America’s problem with lead in its water

Tell me if you’ve heard this one before: A U.S. city is facing a public health crisis, after years of denying that it had a problem with lead in its drinking water supply. In 2016, that would have been a reference to Flint, Michigan. This week, it’s Newark, New Jersey, where city officials on Sunday resorted to handing out bottled water to affected residents.

Lead has long been recognized as a potent neurotoxin. The health effects of lead exposure in children include lowered IQ and increased risk of behavioral disorders. Exposed adults are more likely to develop a slew of health problems including nerve, kidney, and cardiovascular issues. Pregnant women and babies are especially vulnerable, as even low levels are associated with serious, irreversible damage to developing brains and nervous systems.

No amount of lead is considered “safe,” but the federal government has set a limit of 15 parts per billion in drinking water. At one point, tests in Flint revealed lead levels at over 100 ppb. In July, a test showed Newark water lead levels at 55 ppb. In both cases residents say the city’s denials and delays came at a cost to their wellbeing.

“The mayor keeps saying that this isn’t like Flint,” Newark resident Shakima Thomas told Grist way back in November. “It is the same as Flint in the way that they tried to cover it up. We were victimized by this administration. They gamble with our health. They put politics first before justice.”

And that pattern appears to be continuing. Some experts say they already have a good idea of where the “next, next Flint” might be.

How Newark became “the next Flint”

The warning signs have been in Newark since 2016 — the same year Flint’s crisis hit the front pages. City officials have long denied it has a major lead problem with its drinking water, insisting the issue was limited to buildings with aging infrastructure — though they did shut water fountains down in more than 30 schools, providing bottled water instead. A city-wide water testing plan was set up in 2017 – and over the following 18 months, multiple tests showed more than 10 percent of homes in the city had lead levels exceeding the 15-parts-per-billion federal limit.

Last fall, the city began giving out water filters to some 40,000 residents. But residents complained that they were not told how necessary the filters were, or were unclear on how to properly install them. Then last week, the Environmental Protection Agency sent the city a letter citing serious concerns about drinking water safety, saying the filters Newark residents were given may never have worked properly. The EPA tested water filtered through the city-provided filters and lead levels still came out above the federal limit.

“We are unable at this time to assure Newark residents that their health is fully protected when drinking tap water filtered through these devices,” the EPA’s letter read.

When the city began handing out bottled water this weekend, some residents waited in line for water for hours, only to find out it was only being passed out to people who live in certain areas. (The National Resource Defense Council brought a federal lawsuit against the city to force Newark to deliver bottled water to expand its bottled water giveaway to residents who are pregnant or have children age 6 or younger in the eastern part of the city.) Efforts hit another snag when officials realized the bottled water had expired and had to temporarily stop the handouts.

New Jersey Governor Phil Murphy and Newark Mayor Ras Baraka issued a joint statement Monday, calling on federal officials to help. “We take this very seriously,” they said. “We want to be out ahead of this.”

The next “next Flint”

While Newark currently holds the dubious moniker of “the next Flint,” advocates say another city is in the running for the title: Pittsburgh. Lead concerns in the Steel City have been bubbling up for years now, culminating with a major lawsuit brought against the city by Pittsburgh United and the NRDC that was settled earlier this year.

In 2014, the Pittsburgh Water and Sewer Authority changed which chemicals they use in the public water pipes. (Chemicals can interact with the lead pipes in different ways, and in some cases, cause corrosion of lead pipes.) By 2016, the number of resident requests for water testing had risen significantly, according to local media. The problem wasn’t publicly acknowledged until 2017, when the city made a plan to distribute water filters to some residents. (That part took through 2018.)

In February 2019, the NRDC and Pittsburgh United settled their lawsuit against the city. The terms? The city agreed to replace thousands of lead pipes, provide all low-income residents with free water filters, and to prioritize action for homes where children live. Lead levels still exceed the federal standard but have been falling over this past year.

“The time lag is extremely serious — and it has a real impact on not only the health of families, but also a huge psychological impact once they find out,” said Dimple Chaudhary, an NRDC attorney and lead counsel in cases against both Flint and Pittsburgh. “I’ve spoken to mothers who are absolutely devastated when they find out they may have fed their baby lead-tainted formula.”

A familiar pattern

So why do these lead problems take so long for cities to acknowledge?

Chaudhary, who is advising on the NRDC and Newark Education Workers Caucus’ lawsuit against Newark (filed in early 2019), says she sees a pattern with lead contamination crises. First, community members suspect there is a problem, but may not have access to all the related information due to a lack of transparency by public officials. As residents advocate their case to city officials, weak regulations, poorly presented data, and low political will can lead to belated city acknowledgment of the problem. And even when both residents and city officials agree that something must be done, finding and implementing a solution can be chaotic.

“You have confusion about the state of the water, you have mixed messages about what people should do, and then, if things go well, you may have a court or part of the government step in and try to fix it,” she said. “But you’ll see in a lot of cases that the damage has already been done, both to people’s health and the public trust.”

Experts agree that issues with collecting and accessing data are a big part of the problem. It starts with weak regulations: The EPA’s Lead and Copper Rule, part of the Safe Drinking Water Act, only requires cities to test for the two metals every three years. And officials are only required to sample about 10 percent of residences. And even that limited data can be hard to access.

“There are technical limitations in place that seem designed to frustrate access to the data,” said Laura Pangallozzi, a visiting professor of geography at Binghamton University. She explained that the publically available data sets on the EPA website are hard to use without programming skills. This can prevent people (even scientists) from being able to look at lead levels in drinking water nationally to identify outliers. And, according to Pangallozzi, some states don’t report their data at all.

Even assuming a city becomes aware of a lead contamination issue, officials do not always let the public know in a timely or efficient manner. Cities are not required to report lead levels to the public until lead levels hit 15 parts per billion — the threshold at which cities must begin corrosion control measures, like adding chlorine to the water to prevent lead seeping in through the pipes, or, if the state requires it, replace lead pipes in the city water infrastructure.

“How officials roll out the public education requirement will have a big impact on how many people know about it,” Pangallozzi said. “Officials have choices in these matters, and it is such a negative for the reputation of a place, there is going to be natural reluctance to publicize.”

Given the proper incentive though, she said, change can happen fast — like when Washington, D.C. discovered it had a lead problem back in 2004. “They got that taken care of very quickly, by comparison,” she said, “because there were members of Congress drinking the water.”

As for a future “next Flint,” Newark and Pittsburgh may only be the tip of the lead pipe. According to an investigative report commissioned by Congress, about 2 percent of public water systems across the country exceeded the federal limit on lead between 2014 and 2016 — and that was with less than half of states reporting back.

“Even Flint’s highest levels were not atypical for water systems that have problems,” Pangallozzi said.

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‘The next Flint,’ and America’s problem with lead in its water

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Michigan drops all criminal charges over Flint Water Crisis. For now.

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Michigan drops all criminal charges over Flint Water Crisis. For now.

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The EPA failed Flint. Now we know exactly how.

As if the EPA hasn’t disappointed us enough this year, a report released today by the Office of the Inspector General found that the agency consistently dropped the ball during the Flint water crisis.

In a blistering 74-page report, the agency watchdog critiqued EPA Region 5, the district responsible for protecting human health and the environment in Michigan, for an inadequate response to the water crisis that exposed thousands to lead and caused a 58 percent spike in fetal deaths in the largely black community.

The mistakes are sobering. Despite receiving 87 citizen complaints about water quality between May 2014 and January 2016 — including many that directly referenced lead — the EPA did not take any significant action before releasing an emergency order on Jan. 21, 2016.

Instead, the report says, the EPA sent the residents form letters which recommended that they contact the Michigan Department of Environmental Quality or Flint water officials. In 11 cases, the EPA sent no response at all.

“As I have said before, the Flint water crisis was a failure of all levels of government,” said Dan Kildee, Democratic representative from the Michigan district that includes Flint, in a statement reacting to the report.

EPA officials had the chance to save Flint residents from months of exposure to toxins. The report cites five possible oversight actions that the EPA could have taken under the Safe Drinking Water Act, including alerting Flint residents about possible harms and acting in the place of state authorities when there is “substantial endangerment” to human health.

But in almost every case, officials deferred to their state counterparts, rather than using their legal authority to step in. As the report’s authors note, such oversight tools — like most tools out there — are “only effective when used.”

The OIG also pointed to a memo written by Region 5 scientist Miguel Del Toral, who repeatedly warned the region’s Director Susan Hedman that the lead levels in Flint water were at sky-high levels. (Anything over 15 ppb is considered unsafe — one home tested at 13,000 ppb). Hedman later resigned when it became clear that she had attempted to suppress Del Toral’s findings.

According to the report, Hedman and other EPA officials “lacked a sense of urgency” to address the water issues. Instead they failed to communicate with state officials, displayed significant “management weaknesses,” and ultimately delayed the federal response to the crisis.

And while they waited, thousands of residents were exposed to unsafe water. The consequences, for some, could last a lifetime.

“Justice for Flint families comes in many forms,” Kildee said in his statement. “The release of this report is one form of holding those responsible accountable.”

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The EPA failed Flint. Now we know exactly how.

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After Supreme Court ruling, Flint residents will finally see officials in court.

On Tuesday, the court will hear arguments about a California law that tries to clarify the facts that women receive about their reproductive rights. The accuracy of that information becomes increasingly important as environmental disasters — which are growing more, uh, disastrous — endanger women more than men. Women can be better prepared by having full control of their reproductive decisions.

Crisis pregnancy centers are organizations, often masquerading as medical clinics, that attempt to dissuade women from seeking abortions. California’s Reproductive FACT Act, passed in 2016, requires reproductive health clinics and CPCs to post notices advising their clients that the state provides free or low-cost family planning, prenatal care, and abortion; and that CPCs publicize that they are not licensed to practice medicine.

Alliance Defending Freedom, the legal organization representing the centers suing the state of California, claims that the requirements of the Reproductive FACT Act are unconstitutional because they require CPCs to “promote messages that violate their convictions,” Bloomberg reports. The state of California argues that information provided by medical professionals is publicly regulated, and that women who depend on public medical care and are unaware of their options should not be provided with confusing information.

Last February, a Gizmodo-Damn Joan investigation found that women seeking abortion clinics on Google — because, let’s be real, that’s how a lot of us find medical care — could be easily led to CPCs instead, as Google Maps does not distinguish them from real medical clinics.

We’ll be watching this case.

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After Supreme Court ruling, Flint residents will finally see officials in court.

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Cory Booker talks about the need to tackle ‘corporate villainy’

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Cory Booker talks about the need to tackle ‘corporate villainy’

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Flint’s mayor, who promised to clean up its water problems, faces a recall election.

Kathleen Hartnett White, President Donald Trump’s nominee to lead the White House Council on Environmental Quality, stammered through her confirmation hearing on Wednesday.

When Senator Ben Cardin of Maryland, a Democrat, asked if she believes climate change is real, she wavered but settled on the right answer: “I am uncertain. No, I’m not. I jumped ahead. Climate change is of course real.”

That’s a surprise. Hartnett White, a former chair of the Texas Commission on Environmental Quality, has a long history of challenging climate science and promoting fossil fuels. Notably, she has said that carbon dioxide isn’t a pollutant.

But that’s not to say she’s made peace with established science. Senator Sheldon Whitehouse, a Democrat from Rhode Island, quizzed Hartnett White over how much excess heat in the atmosphere is absorbed by oceans. “I believe there are differences of opinions on that,” she said, “that there’s not one right answer.” For the record, the number is about 90 percent.

Then things got bizarre. Appearing frustrated with equivocating answers, Whitehouse pressed her on basic laws of nature, like whether heat makes water expand. “I do not have any kind of expertise or even much layman study of the ocean dynamics and the climate-change issues,” she said.

Watch below, if you dare:

After the hearing, Whitehouse tweeted, “I don’t even know where to begin … she outright rejects basic science.”

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Flint’s mayor, who promised to clean up its water problems, faces a recall election.

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After the lead crisis started, Flint’s fertility crisis began

This story was originally published by Mother Jones and is reproduced here as part of the Climate Desk collaboration.

In the year following the start of its water crisis, Flint, Michigan, saw fewer pregnancies among its residents and higher fetal deaths, according to a working paper published last month.

Kansas University economics professor David Slusky and West Virginia University economics professor Daniel Grossman examined health statistics in Flint between May 2007 and March 2015 and compared them to 15 other cities in Michigan. What they uncovered was alarming: After April 2014 — when, in an effort to cut costs, Flint officials switched its water supply from Detroit to the Flint River, leading to elevated lead levels — fertility rates among women in Flint dropped 12 percent. Fetal deaths spiked by 58 percent.

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“This represents a couple hundred fewer children born that otherwise would have been,” Slusky said in a university press release this week. The researchers project that between 198 and 276 more children would have been born from November 2013, when the child was first conceived, to March 2015 had the city not switched its water supply.

The researchers also conclude that the water change and the corresponding increased exposure to lead prompted a decline in the overall health of children born. Children exposed to high levels of lead can suffer from irreversible neurological and behavioral consequences. Moreover, children born in Flint since the start of its water crisis saw a 5 percent drop in average birth weight compared to those in other parts of Michigan during the same time period.

Shortly after the move in April 2014, residents complained about the water’s stench as it became inflicted with lead from old pipes in residential homes. Even after doctors and experts alerted state and federal officials to the elevated lead levels in Flint’s children and in houses’ water, Governor Rick Snyder and other state officials didn’t concede to the public health emergency in Flint until September 2015. The Michigan Department of Environmental Quality eventually acknowledged that it erred in not requiring the city to add anti-corrosive chemicals into its water.

Health officials found that between June 2014 and November 2015, 91 residents in Genesee County, which includes Flint, contracted Legionnaires’ Disease, a bacterial illness that can arise out of contaminated water, though not all were conclusively linked to Flint’s water crisis. At least 12 people from the disease died after 2014.

As of September 2017, 15 officials have been charged for their involvement in Flint’s water crisis, with five charged with involuntary manslaughter in connection to the Legionnaires’ outbreak. Earlier this year, a federal judge approved a $87 million settlement for the city of Flint that would pay to replace 18,000 water lines by 2020. The state still faces a number of lawsuits. One calls for the state to provide more special education services for children exposed to lead as a result of the water crisis.

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After the lead crisis started, Flint’s fertility crisis began

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Remember Flint? Bruno Mars surprised concertgoers with $1 million toward its recovery.

During a Thursday interview on a Texas radio show the EPA administrator said his agency wants objective science to buttress its mission. Sounds like something Pruitt and scientists can agree on, right?

Not exactly. Right after endorsing peer-reviewed science Pruitt dropped this: “Science should not be something that’s just thrown about to try to dictate policy in Washington, D.C.”

Experts at NOAA, the Department of the Interior, and Pruitt’s own agency have said they think science is exactly what policy should be based on.

On air, Pruitt touched on his usual topics: Superfund, how the Paris Agreement is a bad deal for the U.S., and, of course, CO2. The radio station’s meteorologist asked Pruitt why the country has such a preoccupation with the greenhouse gas. “It serves political ends,” Pruitt said. “The past administration used it as a wedge issue.”

Besides the conflicting statements on science, it was a pretty classic Pruitt interview. But we can finally put one burning question to rest about our newish EPA administrator: Does he separate his trash into the proper bins? “I have,” Pruitt said coyly. “I have recycled.”

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Remember Flint? Bruno Mars surprised concertgoers with $1 million toward its recovery.

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Flint residents are still fighting for their lives.

There’s been much high-profile gushing over the spaceship-in-Eden–themed campus that Apple spent six years and $5 billion building in Silicon Valley, but it turns out techno-utopias don’t make great neighbors.

“Apple’s new HQ is a retrograde, literally inward-looking building with contempt for the city where it lives and cities in general,” writes Adam Rogers at Wired, in an indictment of the company’s approach to transportation, housing, and economics in the Bay Area.

The Ring — well, they can’t call it The Circle — is a solar-powered, passively cooled marvel of engineering, sure. But when it opens, it will house 12,000 Apple employees, 90 percent of whom will be making lengthy commutes to Cupertino and back every day. (San Francisco is 45 miles away.)

To accommodate that, Apple Park features a whopping 9,000 parking spots (presumably the other 3,000 employees will use the private shuttle bus instead). Those 9,000 cars will be an added burden on the region’s traffic problems, as Wired reports, not to mention that whole global carbon pollution thing.

You can read Roger’s full piece here, but the takeaway is simple: With so much money, Apple could have made meaningful improvements to the community — building state-of-the-art mass transit, for example — but chose to make a sparkly, exclusionary statement instead.

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Flint residents are still fighting for their lives.

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