Friday, March 11, 2022

Are the Alabama Supreme Court and Joe Biden's EPA about to usher in an era of environmental progressivism in highly conservative Alabama?

Alabama Power's Miller Steam Plant

Recent events suggest federal officials are keeping an eye on environmental problems in Alabama, and they intend to do something about the polluters who cause them. Writes Publisher K.B. Forbes at banbalch.com, under the headline "Tide is Turning in Alabama; “Unacceptable” Misconduct Draws Federal Scrutiny":

The Three Stooges (Alabama Power, Balch & Bingham, and Drummond Company) should be prepared to be slapped around by federal authorities and environmental groups.

Two major events occurred recently that show unequivocally that the tide is turning against some of the most powerful and wealthiest entities in Alabama.

WBHM reports:

The Alabama Supreme Court has sided with environmentalists who say the Birmingham Water Works Board (BWWB) is not abiding by a court order to protect land around Lake Purdy and parts of the Cahaba River, which are the largest source of drinking water in the Birmingham area.

The Supreme Court overturned an earlier court ruling that sided with the board and sent the case back to the circuit court.

The decision was unanimous. The conservative court sided with environmentalists, a surprising, if not stunning, defeat for industrial interests.

The win for environmental activists may cause more scrutiny of Alabama Power and its  allegedly toxic ash pond at the Miller Steam Plant.

In addition, Ketona Lakes may become a liability for Drummond as environmental groups research the alleged polluted lakes hidden away since 1985.

And who dare says there won’t be probes of these two sites or more criminal investigations?

That was not the only positive sign for those who care about clean air and water in The Heart of Dixie. Writes Forbes;

Michael S. Regan, the head of the U.S. Environmenal Protection Agency, also made headlines last week calling conditions in Alabama “unacceptable.”

AL.com reports:

On the eve of the Selma Jubilee, commemorating the “Bloody Sunday” march that helped catalyze support for the Voting Rights Act 57 years ago, the head of the U.S. Environmental Protection Agency toured Alabama’s Black Belt to witness a different kind of struggle: the battle for clean water and basic sanitation.

“It’s very sobering to see that in 2022, in the United States of America, there are people who are subjected to situations that I don’t think any of us would want to be subjected to,” EPA Administrator Michael Regan said after touring local homes dealing with wastewater system failures in Alabama’s Black Belt.

“Straight piping into lagoons, failing septic systems, waste and raw sewage backing up into yards into homes, seeing children have to walk around delicately so that they don’t sink or get bogged down into their own front yards. This is not the America that we all know it should be.”

This is unacceptable,” Regan said. “Safe drinking water, safe sewer systems, you know, this is a basic right. These individuals deserve what every American deserves, which is clean water and a safe environment.”

Regan needs to now focus on the environmental racism and alleged corruption in North Birmingham. North Birmingham’s environmental conditions are neither clean, safe nor acceptable.

And even the Three Stooges know it.

11 comments:

Anonymous said...

The situation in the Black Belt is worse than "unacceptable." To have kids playing outside while sewage seeps up in their front yards is "horrifying." Our state should be ashamed.

legalschnauzer said...

It is shameful. It's also classic environmental racism. Can you imagine that being allowed to happen in Homewood? No way.

legalschnauzer said...

When these kids near Selma grow up, they can look forward to having someone strip away at their voting rights. But Kay Ivey will make sure we have nice new prisons to house them.

Anonymous said...

Biden must be wondering, "Why did I ever want this job?" Will addressing the sanitation problems in Alabama be part of his infrastructure plan?

legalschnauzer said...

You ask a great question, @5:49, and I don't have a definitive answer, but this news comes today from Yellow Hammer . . .

Hedline: Shelby secures billions for Alabama defense, domestic spending in FY2022 omnibus package

Thursday evening, the U.S. Senate passed a $1.5 trillion spending package for fiscal year 2022 by a vote of 68-31.

U.S. Sens. Richard Shelby (R-Ala.) and Tommy Tuberville (R-Ala.) both voted in favor of the measure, which includes an array of defense and domestic projects funded in the state of Alabama.

Shelby, vice chairman of the Senate Appropriations Committee and its subcommittee on defense, highlighted the national security-related funding Alabama received as part of the package.

“I am very pleased that this package contains a significant increase of $42 billion to our defense budget to help develop, maintain, and equip our military forces and intelligence community,” stated Shelby. “Throughout this appropriations process, I have insisted upon dollar-for-dollar parity for defense and non-defense increases. We have achieved that goal.”

“Our men and women in uniform must maintain an advantage over our adversaries, and Alabama plays a significant role in that effort,” added Alabama’s senior senator. “I have no doubt that this legislation will result in long-term benefits for our country. Alabama has for many decades played an important role in national defense, and I look forward to what lies ahead for our great state. The security of the nation must always be our number one priority.”

legalschnauzer said...

Here'w more from YH News on spending:

Impacting the Wiregrass:

$1.3 billion for flight training at Fort Rucker.
$395 million for Future Vertical Lift research, which will accelerate the development of helicopters flown at Fort Rucker, and an additional $77 million to accelerate the Future Long Range Assault Aircraft.
$200 million for United States Coast Guard MH-60T sustainment.
$95 million to upgrade the MH-60 series helicopters.
$380 million for Terminal High Altitude Area Defense (THAAD) interceptors.
$193 million for Joint Air-to-Ground Missiles (JAGMs).
$710 million for Joint Air-Surface Standoff Missile (JASSMs) and $161 million for Long Range Anti-Ship Missiles (LRASMs).
$226 million for Hellfire missiles, which are made in Troy.
$130 million for Javelin missiles for the Navy, Air Force, and Army.

Impacting North Alabama:

Army Research – $14.5 billion for continued investment in transformational technologies to address modern and future Army warfighting needs.
Missile Defense – $10.3 billion, an increase of $1.42 billion, for the Missile Defense Agency (MDA) which is located in Huntsville, to ensure support for urgent MDA priorities such as space sensors, ballistic missile defense, and cybersecurity efforts.
Hypersonic weapons – fully funds Army hypersonic research, as well as an additional $50 million to develop a common hypersonic glide body and $77 million towards high energy laser development.
$55 million military construction project building a Propulsion Systems Lab at Redstone Arsenal.
$2.6 billion for Space Launch System, of which $600 million is for concurrent Block 1B development, which is managed by Marshall Space Flight Center in Huntsville.
$110 million for nuclear thermal propulsion, which benefits Marshall Space Flight Center.
$570 million for FBI construction at Redstone Arsenal, which supports ongoing and growing efforts in Huntsville.

Impacting the Birmingham Area:

$43 million for the Secret Service’s National Computer Forensics Institute, located in Hoover, to expand training opportunities for state and local law enforcement and legal and judicial professionals in computer forensics and cyber investigations.

Impacting Anniston:

$117 million for Hydra rockets, which are built in Anniston and fired from Army and Marine Corps helicopters.
Funding for Army vehicles overhauled and maintained at Anniston Army Depot (ANAD), including:

– $1.15 billion to continue upgrading and modernizing the M1 Abrams tanks.

– $1.1 billion for Stryker vehicle upgrades.

– $663 million for Paladin Integrated Management artillery vehicles.

– $132 million for a Demilitarization Facility at Anniston Army Depot.

– $67.5 million for Federal Emergency Management Agency’s (FEMA) Center for Domestic Preparedness.

legalschnauzer said...

Here is more on spending:

Impacting Auburn:

$15 million for the Department of Homeland Security’s Explosive Detection Canine Program, which was developed in collaboration with Auburn University.

Impacting the Mobile Area:

$260 million for one additional Expeditionary Fast Transport (EPF) and an additional $330 million one additional Expeditionary Medical Ship (EMS). The EMS or “hospital ship,” includes an intensive care unit and other healthcare accommodations, while maintaining most of the original mission requirements.
$67 million for the Coast Guard’s Waterways Commerce Cutter program.
$6 million for Cyber Compliance Upgrades to Critical Training Center Simulators and Trainers, including the Coast Guard Aviation Training Center in Mobile, Alabama.

Shelby asserted that the domestic funding provided to Alabama would serve to bolster economic development efforts throughout the Yellowhammer State.

“This bill importantly invests in a host of domestic priorities, including medical research, agriculture, local infrastructure, and rural communities,” advised Shelby. “These resources will bolster needed advancements, promote economic development, and encourage job creation. I am pleased that we have succeeded in securing this funding for Alabama, and I look forward to the impact it will have on our state and the nation. Alabama has always played a major role on the national stage. This funding will only accelerate the pace of that success.”

Impacting North Alabama:

$25 million for the Fish and Wildlife Service to combat Asian Carp and enhance efforts in sub-basins of the Mississippi River, which includes key areas of Alabama in the Tennessee and Cumberland basins.
$500,000 for the Invasive Species Mitigation Plan to begin the planning, design, initial engineering and project management for construction of carp barriers in the Mississippi River Basin and the Tennessee-Tombigbee Waterway.
$1.15 million to assist the National Park Service in acquiring land for the Little River Canyon National Preserve near Lookout Mountain, Alabama.

legalschnauzer said...

More on spending:

Impacting Tuscaloosa:

$50 million for the University of Alabama for a permanent endowment fund to support the recruitment and retention of exceptional faculty in science and engineering.
$37 million to support staffing and operations at the National Water Center, which is located in Tuscaloosa, Alabama.
$20 million for the National Oceanic and Atmospheric Administration (NOAA) Cooperative Institute that will assist NOAA and the NWC in addressing the nation’s growing water-related challenges.
$12 million for the Coastal Inlet Research Program, which supports collaboration with the Army Corps of Engineers and the National Water Center in Tuscaloosa to address coastal resilience needs, measure coastal forces, and improve terrestrial and coastal modeling.
Provides funding to the U.S. Geological Survey to support the new USGS Hydrological Instrumentation facility, which will be located at the University of Alabama:

– $13.5 million to support integrated water prediction operations.

– $4 million to assist in future hydrological research and operational efforts.

– $4.5 million for university partnerships for innovative water resource technologies.

Impacting the Birmingham area:

$76 million for the University of Alabama at Birmingham (UAB) School of Medicine to build a new biomedical research building.
$44.9 billion for the National Institutes of Health (NIH), an increase of $2.25 billion above fiscal year 2021 funding level.
$6.86 billion for the National Cancer Institute (NCI), an increase of $353.7 million from fiscal year 2021.
$45 million to the National Institute on Minority Health and Health Disparities (NIMHD) for chronic disease centers, which supports research at UAB.
$882 million for the National Center for Advancing Translational Sciences (NCATS).
$606.65 million for Clinical and Translational Science Awards (CTSAs), which continues funding for a $50 million CTSA award at UAB.
$18 million in grant funding for Regional Pediatric Pandemic Network for Children’s Hospitals, which benefits UAB and Children’s of Alabama.
$52 million in targeted funds for Regional Biocontainment Laboratories to test FDA-approved drugs at research institutions across the country, including UAB.
$25.8 million in Poison Control Centers, which supports Alabama’s Poison Control Center located in Birmingham and is affiliated with Children’s of Alabama.
$30 million in funding for Alabama’s Northern Beltline of the Appalachian Development Highway System.
Funding to support the Department of Energy’s National Carbon Capture Center in Wilsonville, Alabama.

legalschnauzer said...

Impacting Auburn:

Provides funding to the Agricultural Research Service (ARS), which supports current research initiatives at Auburn University:

– $3 million, $1.5 million above the FY21 enacted level, for the Animal Health and Agro Bio Defense Center of Excellence.

– $6 million, $1 million above the FY21 enacted level, to address cotton blue disease.

– $3 million for sustainable and advanced technologies for poultry processing.

– $2 million to reduce mixed infections in warm water aquaculture.

– $2 million for biomass conversion technologies at the National Soil Dynamics Laboratory located at Auburn University.

– $4 million for aquaponics system development.

– $3 million for advanced poultry production technology development.

– $1.5 million for alternative technologies for poultry waste utilization.

– $1.2 million to study harmful algal bloom impact on aquaculture.

– $1 million for dietary manipulation to improve gut health in broiler production.

– Maintains funding for foodborne pathogens and shrimp production research.

$5 million for research on forest carbon sequestration and pine needle blight, which supports work conducted at Auburn University.
$5 million to support disease diagnostics efforts at Fish and Wildlife Service’s Warm Springs Fish Health Center, which collaborates with Auburn University’s Southeast Cooperative Fish Parasite & Disease Laboratory.

Impacting the Mobile area:

$100 million for improvements to the Mobile Downtown Airport, including funding to purchase land, conduct surveys, and renovate and relocate on-site facilities.
$132 million for improvements to the Port of Mobile, including for the design and construction of docks, wharves, and piers, as well as for land acquisition and site development.
$67 million for freight and intermodal rail infrastructure improvements at the Port of Mobile and the Montgomery inland intermodal transfer facility.
$60 million for the construction of a medical science building at the University of South Alabama College of Medicine.
$5 million to ensure successful implementation of NOAA’s “Reef Fish Amendment 50,” which delegates the federal management of red snapper to the Gulf Coast states, including language delaying state specific recalibration until 2023.
$3 million to support implementation of electronic logbooks for federally permitted Gulf Coast charter-fishermen.
$65 million to support dredging of the Port of Mobile and multiple inland and intercostal waterways throughout the State of Alabama.
$50 million for the operations and maintenance of Donor and Energy Transfer Ports, which benefits the Port of Mobile.

legalschnauzer said...

Statewide funding:

$198 million for Watershed and Flood Prevention Operations; including language to exempt watershed projects that impact areas greater than 250,000 acres, which helps expand irrigation agriculture projects in Alabama.
$3 million to continue the Animal and Plant Health Inspection Service (APHIS) pilot program to assist statewide departments of agriculture and forestry commissions, including the Alabama Forestry Commission, in controlling the spread of cogongrass.
$775 million for the RAISE grant program, which provides federal investment to support road, rail, and transit projects.
$1 billion for the INFRA grant program, which provides federal funding for highway and freight projects of national and regional significance.
$18 billion for the Federal Aviation Administration (FAA), which provides assistance for Alabama airports, including: grants-in-aid for airports, contract towers, research for advanced materials and structural safety, research on airfield pavement, and aviation workforce grants.
$600,000 for the Army Corps of Engineers to continue a feasibility study on riverine fish passages at Claiborne and Millers Ferry Locks and Dams on the lower Alabama River.
$25 million for the EPSCoR program, which provides federal support for sustainable and competitive energy research in eligible states and territories.
$30 million for the Delta Regional Authority, including $15 million for flood control, basic public infrastructure development, and transportation improvements.
$45 million in continued funding for Department of Labor Workforce Opportunities in the Delta Regional Authority and Appalachian Regional Commission regions, which funds workforce development initiatives throughout the state.
$4.2 million for renovations to the federal courthouse in Selma.
$1.75 billion in funding for Community Health Centers, which will help fund 126 community health centers in rural areas across Alabama.
$375 million in grant funding for Children’s Hospitals Graduate Medical Education, which will increase Pediatric residencies at Children’s & Women’s Hospital in Mobile and Children’s of Alabama in Birmingham.
$4.4 million for State Aquatic Nuisance Species Management Plans, which will support the Alabama Department of Conservation and Natural Resources’ efforts to prevent and control the spread of aquatic nuisance species throughout the state of Alabama.
$180 million for the Appalachian Regional Commission, including $50 million for the POWER initiative that provides federal funding to help communities and regions affected by job losses in coal mining and coal power plant operations.
$440 million for charter schools.

legalschnauzer said...

From Alabama Political Reporter re: Black Belt sanitation and infrastructure plan (3/8/22)

he Environmental Protection Agency’s Chief Administrator Michael Regan visited Lowndes County, Alabama Saturday afternoon, surveying homes in the county that lack proper waste disposal systems and water access.

Regan described the situation in Lowndes County as an “environmental injustice” and said funds and resources available through the recently passed Infrastructure Investment and Jobs Act of 2021 would allow for improvements to the county’s sanitation conditions.

“We’re here meeting with local communities who are really facing some serious situations in terms of raw sewage and a lack of water infrastructure,” Regan said in a video posted to Twitter Saturday morning. “We want to provide solutions, but we want those solutions to be real solutions, which is why we’re here on the ground with communities to hear their needs and their concerns.”

Defective septic systems in homes and a lack of access to sewage disposal infrastructure have remained a consistent and poisonous problem in Lowndes County.

Due to the nature of the soil in the Alabama Black Belt, specialized septic tank systems are required to remove sewage from individual homes properly, costing residents thousands more than standard septic tanks. For those who are unable to afford the specialized tanks, residents sometimes use conventional and often ineffectual septic systems that fail in the densely packed chalky soil, or opt for a “straight pipe” discharge system that releases waste above ground and create waste lagoons near residences that expose occupants to raw human waste.

A report released in 2017 from Baylor College of Medicine concluded that Hookworm infection, commonly seen in resource-limited areas of Africa, China, and Latin America, is common among impoverished populations in the Black Belt and directly linked to poor sanitation and waste removal systems in certain communities and residences.

https://www.alreporter.com/2022/03/08/epa-chief-lack-of-proper-waste-disposal-systems-an-environmental-injustice/