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Op-ed: Wetland protections remain bogged down in mystery

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Friday, October 25, 2024

It is mind-bog-gling, syllable pun intended, that scientists still do not know how many wetlands lost protection in last year’s crippling of the Clean Water Act by the Supreme Court. A new peer-reviewed study in the journal Science said the range of possible protection loss is between a fifth of nontidal wetlands to nearly all of them.Lead author Adam Gold, a watershed researcher for the Environmental Defense Fund, said the wild uncertainty is because the court arbitrarily created a new standard for federal protection divorced from the science of how wetlands support larger streams, rivers, lakes and the ocean.The Sackett case involved an Idaho couple who sued after the Environmental Protection Agency stopped their backfilling of a lot near a lake to build a home. The court was unanimous in saying that in the case of that couple, the EPA overstepped its authority. But a 5-4 conservative majority, led by Justice Samuel Alito, a long-time skeptic of both EPA authority, and what constitutes any kind of pollution, went a fateful extra step.Alito famously said that carbon dioxide from fossil fuel burning, a key contributor to global warming, is not a pollutant. That is despite studies tying carbon dioxide to skyrocketing rates of childhood asthma. A 2011 study in the journal Asthma and Allergy, said the parallel increase of global asthma and carbon dioxide emissions is “remarkable.” There is evidence linking elevated carbon dioxide to longer pollen seasons.On wetlands, Alito’s razor-thin majority instituted an “eyeball” test. The court said a wetland merits federal protection only if it is “indistinguishable” from larger waters, evidenced by a “continuous surface connection” to them. Court rejects decades of scienceThe ruling was hailed by industrial and agricultural polluters and developers. Groups that filed briefs against the EPA’s authority included the U.S. Chamber of Commerce, the American Petroleum Institute, and the National Association of Home Builders. The Chamber of Commerce said the ruling put an end to a “tortured definition” of water protection that “threatened to strangle projects with years of red tape.”But the court’s tortured institution of a visual test for continuous water in wetlands rejected decades of federal wetlands science, much of it conducted under the administrations of Republican George W. Bush and Democrat Barack Obama.Federal reports found that all types and sizes of nontidal wetlands, that is places without visible, continuous surface connections, still serve critical downstream ecosystem functions. Some are seemingly far from large bodies of water. In others, water flows into underground aquifers. In others still, the soil is saturated but surface water is visible for only part of the year.And then there are ephemeral streams that run only during rainfalls. A 2008 EPA report published during the Bush administration said, “Given their importance and vast extent, it is concluded that an individual ephemeral or intermittent stream segment should not be examined in isolation.”Years later, a 2015 EPA report published during the Obama administration said, “All tributary streams, including perennial, intermittent, and ephemeral streams are physically, chemically, and biologically connected to downstream rivers.” It emphasized there is “ample evidence that many wetlands and open waters located outside of riparian areas and floodplains, even when lacking surface water connections, provide physical, chemical, and biological functions that could affect the integrity of downstream waters. Some potential benefits of these wetlands are due to their isolation rather than their connectivity.”That left Gold with the unenviable task of trying to fit a square peg of data into the round hole of nonsense—that one must see water in a wetland for it to be wet enough to be a wetland. Basically, he found out that any future permitting disputes between developers and federal agencies, especially for inland, nontidal wetlands, will likely depend on legal decisions of “wetness.”For instance, if just geographically isolated wetlands were removed from protection, that would amount to 19% of the nation’s 90 million acres of nontidal wetlands. If a court ruled that a wetland must be flooded for more than a month during the growing season, that would knock out 61% of wetlands from federal protection. If a wetland needed to be semi-permanently flooded, that would remove 91% of acreage from protection.“I was surprised by the uncertainty,” Gold said in a telephone interview. “A reason it is so hard to determine is because the language used by the court is neither scientific nor objective.” He said the high court’s insistence on a ‘continuous surface connection’ as a condition for protection “are subjective words that are not defined by anything related to how wetlands work. If we start parsing out wetland protection by how ‘wet’ they are, it is highly unclear where this all ends up.”Wetlands are environmental heavyweightsWhat we do know is that wetlands are an underrated champion of the environment, the economy and climate mitigation, despite representing less than 6% of land in the contiguous United States. Wetlands are the nurseries for commercial and recreational fisheries, which generated $321 billion and supported 2.3 million jobs in 2022, according to a report last year by the National Oceanic and Atmospheric Administration. Along with anglers, wetlands are the critical backdrop for hunters and wildlife watchers, who spent $400 billion in 2022, according to a report last year by the U.S. Fish and Wildlife Service. Yet, the nation is losing ground on wetlands. A report this year by the U.S. Fish and Wildlife Service found between 2009 and 2019, the nation lost enough acreage of forest and scrub wetlands to equal the size of Rhode Island. That cannot happen when so many studies also show how wetlands are a carbon sink.Globally, wetlands such as peatlands, mangroves, salt marshes, and seagrass meadows cover 6% of the world’s surface. But they sequester a third of the world’s organic ecosystem carbon. A 2022 study in the journal Science said the function of wetlands as a climate workhorse makes preserving them a matter of “utmost importance.”Losing so many acres of wetlands also cannot happen when the EPA says wetlands are “biological supermarkets” for insects and small fish that are feasted on by larger creatures: fish, reptiles, amphibians, birds, and mammals. The agency says wetlands are the sole home for more than a third of the nation’s threatened and endangered species. Nearly half of threatened and endangered species dine in, or seek shelter in, wetlands during their lives.It also cannot happen when wetlands literally save property and lives by being buffers against winds and storm surges. A 2020 study in the Proceedings of the National Academy of Sciences found that wetland losses in Florida between 1996 and 2016 resulted in an additional $430 million in property damage from Hurricane Irma in 2017.A 2021 study in the journal Global Environmental Change found that globally coastal wetlands save $447 billion in damages and 4,620 lives a year. A 2019 study in the journal of Marine and Freshwater Research found that the world’s wetlands deliver $47 trillion a year in ecosystem services. The prime ones are erosion and flood control, waste treatment, water purification, recreation, and tourism.States offer unwieldy checkerboard of wetland protectionsNone of those wetland benefits registered with the Supreme Court majority that now demands an “eyeball” test of surface water to determine if a wetland is a wetland. Such a test leaves protection to the mercy of the states.An analysis by the Environmental Law Institute found that 24 states do not independently protect their wetlands, relying completely on the Clean Water Act. The map of the states with no protections and those with their own protections closely mirrors the red and blue maps of presidential elections. Most states in the South and the Great Plains have no protections, thus leaving their wetlands at the highest risk of destruction (though notable exceptions include the Everglades wetlands in Florida and prairie pothole wetlands in Minnesota).None of that makes sense when everyone (except perhaps five members of the Supreme Court) knows that pollution from one state can easily travel downstream into another state. Even Justice Brett Kavanaugh, who this year voted in a 5-4 majority to block EPA rules to limit power plant and industrial pollution from crossing state lines, joined the court’s three liberals, Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson in saying the new test of a “continuous surface connection” raises all kinds of questions.“How does that test apply to the many kinds of wetlands that typically do not have a surface water connection to a covered water year-round—for example, wetlands and waters that are connected for much of the year but not in the summer when they dry up to some extent?” Kavanaugh wrote. “How ‘temporary’ do ‘interruptions in surface connection’ have to be for wetlands to still be covered?“How does the test operate in areas where storms, floods, and erosion frequently shift or breach natural river berms? Can a continuous surface connection be established by a ditch, swale, pipe, or culvert?”That is why Adam Gold found it so hard to come up with a firm number of how many wetlands have lost protection. “No one likes uncertainty,” Gold said. “Not the regulators, not the permit applicants, not the scientists…. It is very clear what a wetland is. But now it’s unclear what protections they have.” That is because for the majority of the Supreme Court, a wetland where the water is out of sight is a wetland out of mind.This post originally ran on The Union of Concerned Scientists blog and is republished here with permission.

It is mind-bog-gling, syllable pun intended, that scientists still do not know how many wetlands lost protection in last year’s crippling of the Clean Water Act by the Supreme Court.

A new peer-reviewed study in the journal Science said the range of possible protection loss is between a fifth of nontidal wetlands to nearly all of them.

Lead author Adam Gold, a watershed researcher for the Environmental Defense Fund, said the wild uncertainty is because the court arbitrarily created a new standard for federal protection divorced from the science of how wetlands support larger streams, rivers, lakes and the ocean.

The Sackett case involved an Idaho couple who sued after the Environmental Protection Agency stopped their backfilling of a lot near a lake to build a home. The court was unanimous in saying that in the case of that couple, the EPA overstepped its authority. But a 5-4 conservative majority, led by Justice Samuel Alito, a long-time skeptic of both EPA authority, and what constitutes any kind of pollution, went a fateful extra step.

Alito famously said that carbon dioxide from fossil fuel burning, a key contributor to global warming, is not a pollutant. That is despite studies tying carbon dioxide to skyrocketing rates of childhood asthma. A 2011 study in the journal Asthma and Allergy, said the parallel increase of global asthma and carbon dioxide emissions is “remarkable.” There is evidence linking elevated carbon dioxide to longer pollen seasons.

On wetlands, Alito’s razor-thin majority instituted an “eyeball” test. The court said a wetland merits federal protection only if it is “indistinguishable” from larger waters, evidenced by a “continuous surface connection” to them.

Court rejects decades of science

u200bAn American Bittern on the Outer Banks in North Carolina

The ruling was hailed by industrial and agricultural polluters and developers. Groups that filed briefs against the EPA’s authority included the U.S. Chamber of Commerce, the American Petroleum Institute, and the National Association of Home Builders. The Chamber of Commerce said the ruling put an end to a “tortured definition” of water protection that “threatened to strangle projects with years of red tape.”

But the court’s tortured institution of a visual test for continuous water in wetlands rejected decades of federal wetlands science, much of it conducted under the administrations of Republican George W. Bush and Democrat Barack Obama.

Federal reports found that all types and sizes of nontidal wetlands, that is places without visible, continuous surface connections, still serve critical downstream ecosystem functions. Some are seemingly far from large bodies of water. In others, water flows into underground aquifers. In others still, the soil is saturated but surface water is visible for only part of the year.

And then there are ephemeral streams that run only during rainfalls. A 2008 EPA report published during the Bush administration said, “Given their importance and vast extent, it is concluded that an individual ephemeral or intermittent stream segment should not be examined in isolation.”

Years later, a 2015 EPA report published during the Obama administration said, “All tributary streams, including perennial, intermittent, and ephemeral streams are physically, chemically, and biologically connected to downstream rivers.” It emphasized there is “ample evidence that many wetlands and open waters located outside of riparian areas and floodplains, even when lacking surface water connections, provide physical, chemical, and biological functions that could affect the integrity of downstream waters. Some potential benefits of these wetlands are due to their isolation rather than their connectivity.”

That left Gold with the unenviable task of trying to fit a square peg of data into the round hole of nonsense—that one must see water in a wetland for it to be wet enough to be a wetland. Basically, he found out that any future permitting disputes between developers and federal agencies, especially for inland, nontidal wetlands, will likely depend on legal decisions of “wetness.”

For instance, if just geographically isolated wetlands were removed from protection, that would amount to 19% of the nation’s 90 million acres of nontidal wetlands. If a court ruled that a wetland must be flooded for more than a month during the growing season, that would knock out 61% of wetlands from federal protection. If a wetland needed to be semi-permanently flooded, that would remove 91% of acreage from protection.

“I was surprised by the uncertainty,” Gold said in a telephone interview. “A reason it is so hard to determine is because the language used by the court is neither scientific nor objective.” He said the high court’s insistence on a ‘continuous surface connection’ as a condition for protection “are subjective words that are not defined by anything related to how wetlands work. If we start parsing out wetland protection by how ‘wet’ they are, it is highly unclear where this all ends up.”

Wetlands are environmental heavyweights

u200bShorebirds feasting in the muck of the Hackensack Meadowlands.

What we do know is that wetlands are an underrated champion of the environment, the economy and climate mitigation, despite representing less than 6% of land in the contiguous United States. Wetlands are the nurseries for commercial and recreational fisheries, which generated $321 billion and supported 2.3 million jobs in 2022, according to a report last year by the National Oceanic and Atmospheric Administration. Along with anglers, wetlands are the critical backdrop for hunters and wildlife watchers, who spent $400 billion in 2022, according to a report last year by the U.S. Fish and Wildlife Service.

Yet, the nation is losing ground on wetlands. A report this year by the U.S. Fish and Wildlife Service found between 2009 and 2019, the nation lost enough acreage of forest and scrub wetlands to equal the size of Rhode Island. That cannot happen when so many studies also show how wetlands are a carbon sink.

Globally, wetlands such as peatlands, mangroves, salt marshes, and seagrass meadows cover 6% of the world’s surface. But they sequester a third of the world’s organic ecosystem carbon. A 2022 study in the journal Science said the function of wetlands as a climate workhorse makes preserving them a matter of “utmost importance.”

Losing so many acres of wetlands also cannot happen when the EPA says wetlands are “biological supermarkets” for insects and small fish that are feasted on by larger creatures: fish, reptiles, amphibians, birds, and mammals. The agency says wetlands are the sole home for more than a third of the nation’s threatened and endangered species. Nearly half of threatened and endangered species dine in, or seek shelter in, wetlands during their lives.

It also cannot happen when wetlands literally save property and lives by being buffers against winds and storm surges. A 2020 study in the Proceedings of the National Academy of Sciences found that wetland losses in Florida between 1996 and 2016 resulted in an additional $430 million in property damage from Hurricane Irma in 2017.

A 2021 study in the journal Global Environmental Change found that globally coastal wetlands save $447 billion in damages and 4,620 lives a year. A 2019 study in the journal of Marine and Freshwater Research found that the world’s wetlands deliver $47 trillion a year in ecosystem services. The prime ones are erosion and flood control, waste treatment, water purification, recreation, and tourism.

States offer unwieldy checkerboard of wetland protections

u200bThe Hackensack Meadowlands in New Jersey, from which New York City skyscrapers are visible.

None of those wetland benefits registered with the Supreme Court majority that now demands an “eyeball” test of surface water to determine if a wetland is a wetland. Such a test leaves protection to the mercy of the states.

An analysis by the Environmental Law Institute found that 24 states do not independently protect their wetlands, relying completely on the Clean Water Act. The map of the states with no protections and those with their own protections closely mirrors the red and blue maps of presidential elections. Most states in the South and the Great Plains have no protections, thus leaving their wetlands at the highest risk of destruction (though notable exceptions include the Everglades wetlands in Florida and prairie pothole wetlands in Minnesota).

None of that makes sense when everyone (except perhaps five members of the Supreme Court) knows that pollution from one state can easily travel downstream into another state. Even Justice Brett Kavanaugh, who this year voted in a 5-4 majority to block EPA rules to limit power plant and industrial pollution from crossing state lines, joined the court’s three liberals, Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson in saying the new test of a “continuous surface connection” raises all kinds of questions.

“How does that test apply to the many kinds of wetlands that typically do not have a surface water connection to a covered water year-round—for example, wetlands and waters that are connected for much of the year but not in the summer when they dry up to some extent?” Kavanaugh wrote. “How ‘temporary’ do ‘interruptions in surface connection’ have to be for wetlands to still be covered?

“How does the test operate in areas where storms, floods, and erosion frequently shift or breach natural river berms? Can a continuous surface connection be established by a ditch, swale, pipe, or culvert?”

That is why Adam Gold found it so hard to come up with a firm number of how many wetlands have lost protection. “No one likes uncertainty,” Gold said. “Not the regulators, not the permit applicants, not the scientists…. It is very clear what a wetland is. But now it’s unclear what protections they have.”

That is because for the majority of the Supreme Court, a wetland where the water is out of sight is a wetland out of mind.

This post originally ran on The Union of Concerned Scientists blog and is republished here with permission.

Read the full story here.

Photos courtesy of

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The thinner the pyroelectric material, the better it is at sensing subtle thermal variations.With their new method, the team fabricated the thinnest pyroelectric membrane yet, measuring 10 nanometers thick, and demonstrated that the film is highly sensitive to heat and radiation across the far-infrared spectrum.The newly developed film could enable lighter, more portable, and highly accurate far-infrared (IR) sensing devices, with potential applications for night-vision eyewear and autonomous driving in foggy conditions. Current state-of-the-art far-IR sensors require bulky cooling elements. In contrast, the new pyroelectric thin film requires no cooling and is sensitive to much smaller changes in temperature. The researchers are exploring ways to incorporate the film into lighter, higher-precision night-vision glasses.“This film considerably reduces weight and cost, making it lightweight, portable, and easier to integrate,” Xinyuan Zhang, a graduate student in MIT’s Department of Materials Science and Engineering (DMSE). “For example, it could be directly worn on glasses.”The heat-sensing film could also have applications in environmental and biological sensing, as well as imaging of astrophysical phenomena that emit far-infrared radiation.What’s more, the new lift-off technique is generalizable beyond pyroelectric materials. The researchers plan to apply the method to make other ultrathin, high-performance semiconducting films.Their results are reported today in a paper appearing in the journal Nature. The study’s MIT co-authors are first author Xinyuan Zhang, Sangho Lee, Min-Kyu Song, Haihui Lan, Jun Min Suh, Jung-El Ryu, Yanjie Shao, Xudong Zheng, Ne Myo Han, and Jeehwan Kim, associate professor of mechanical engineering and of materials science and engineering, along with researchers at the University Wisconsin at Madison led by Professor Chang-Beom Eom and authors from multiple other institutions.Chemical peelKim’s group at MIT is finding new ways to make smaller, thinner, and more flexible electronics. They envision that such ultrathin computing “skins” can be incorporated into everything from smart contact lenses and wearable sensing fabrics to stretchy solar cells and bendable displays. To realize such devices, Kim and his colleagues have been experimenting with methods to grow, peel, and stack semiconducting elements, to fabricate ultrathin, multifunctional electronic thin-film membranes.One method that Kim has pioneered is “remote epitaxy” — a technique where semiconducting materials are grown on a single-crystalline substrate, with an ultrathin layer of graphene in between. The substrate’s crystal structure serves as a scaffold along which the new material can grow. The graphene acts as a nonstick layer, similar to Teflon, making it easy for researchers to peel off the new film and transfer it onto flexible and stacked electronic devices. After peeling off the new film, the underlying substrate can be reused to make additional thin films.Kim has applied remote epitaxy to fabricate thin films with various characteristics. In trying different combinations of semiconducting elements, the researchers happened to notice that a certain pyroelectric material, called PMN-PT, did not require an intermediate layer assist in order to separate from its substrate. Just by growing PMN-PT directly on a single-crystalline substrate, the researchers could then remove the grown film, with no rips or tears to its delicate lattice.“It worked surprisingly well,” Zhang says. “We found the peeled film is atomically smooth.”Lattice lift-offIn their new study, the MIT and UW Madison researchers took a closer look at the process and discovered that the key to the material’s easy-peel property was lead. As part of its chemical structure, the team, along with colleagues at the Rensselaer Polytechnic Institute, discovered that the pyroelectric film contains an orderly arrangement of lead atoms that have a large “electron affinity,” meaning that lead attracts electrons and prevents the charge carriers from traveling and connecting to another materials such as an underlying substrate. The lead acts as tiny nonstick units, allowing the material as a whole to peel away, perfectly intact.The team ran with the realization and fabricated multiple ultrathin films of PMN-PT, each about 10 nanometers thin. They peeled off pyroelectric films and transfered them onto a small chip to form an array of 100 ultrathin heat-sensing pixels, each about 60 square microns (about .006 square centimeters). They exposed the films to ever-slighter changes in temperature and found the pixels were highly sensitive to small changes across the far-infrared spectrum.The sensitivity of the pyroelectric array is comparable to that of state-of-the-art night-vision devices. These devices are currently based on photodetector materials, in which a change in temperature induces the material’s electrons to jump in energy and briefly cross an energy “band gap,” before settling back into their ground state. This electron jump serves as an electrical signal of the temperature change. However, this signal can be affected by noise in the environment, and to prevent such effects, photodetectors have to also include cooling devices that bring the instruments down to liquid nitrogen temperatures.Current night-vision goggles and scopes are heavy and bulky. With the group’s new pyroelectric-based approach, NVDs could have the same sensitivity without the cooling weight.The researchers also found that the films were sensitive beyond the range of current night-vision devices and could respond to wavelengths across the entire infrared spectrum. This suggests that the films could be incorporated into small, lightweight, and portable devices for various applications that require different infrared regions. For instance, when integrated into autonomous vehicle platforms, the films could enable cars to “see” pedestrians and vehicles in complete darkness or in foggy and rainy conditions. The film could also be used in gas sensors for real-time and on-site environmental monitoring, helping detect pollutants. In electronics, they could monitor heat changes in semiconductor chips to catch early signs of malfunctioning elements.The team says the new lift-off method can be generalized to materials that may not themselves contain lead. In those cases, the researchers suspect that they can infuse Teflon-like lead atoms into the underlying substrate to induce a similar peel-off effect. For now, the team is actively working toward incorporating the pyroelectric films into a functional night-vision system.“We envision that our ultrathin films could be made into high-performance night-vision goggles, considering its broad-spectrum infrared sensitivity at room-temperature, which allows for a lightweight design without a cooling system,” Zhang says. “To turn this into a night-vision system, a functional device array should be integrated with readout circuitry. Furthermore, testing in varied environmental conditions is essential for practical applications.”This work was supported by the U.S. Air Force Office of Scientific Research.

Chemicals

Energy

Nature

President of Eugene wood treatment plant gets 90-day prison term for lying to DEQ inspectors

"There has to be some accountability," U.S. District Judge Michael J. McShane said.

A federal judge Tuesday sentenced the president of Eugene’s J.H. Baxter & Co. wood treatment plant to 90 days in prison for lying about the company’s illegal handling of hazardous waste at the site.U.S. District Judge Michael J. McShane called Georgia Baxter-Krause, 62, an “absent president” who took little responsibility for what occurred.“The fact that you lied when confronted suggests you knew the practice was not ‘above board,’” McShane said. “There has to be some accountability.”He also ordered Baxter-Krause and the company to pay $1.5 million in criminal fines. The plant is now a potential cleanup site under the federal Superfund program.J.H. Baxter & Co. Inc. pleaded guilty to illegally treating hazardous waste and Baxter-Krause pleaded guilty to two counts of making false statements in violation of the Resource Conservation and Recovery Act governing hazardous waste management.The company so far has paid $850,000 of its $1 million share of the fine, and Baxter-Krause has paid $250,000 of her $500,000 share, their attorney David Angeli said.Much of the debate at the sentencing focused on whether Baxter-Krause should go to prison for lying to investigators.According to court documents, J.H. Baxter used hazardous chemicals to treat and preserve wood. Water from the process was considered hazardous waste. The company operated a legal wastewater treatment unit, but for years when there was “too much water on site,” the company essentially would “boil” off the wastewater, allowing discharge into the air through open vents, according to court records.Photograph sent to Georgia Baxter-Krause on July 8, 2019, depicting the inside of a J.H. Baxter container after weeks of boiling hazardous waste, according to federal prosecutors.U.S. Attorney's OfficeAngeli argued that the violations at the Eugene plant were “less egregious” than other criminal environmental damage cases and that “everyone” on the premises thought the hazardous waste handling was OK. He sought probation for Baxter-Krause.“Every person said she never directed or managed this activity,” Angeli said. “She was rarely even in Eugene.”But Assistant U.S. Attorney William McLaren said Baxter-Krause blatantly lied when inspectors from the Oregon Department of Environmental Quality requested information about the company’s practice of boiling off the wastewater.Baxter-Krause provided false information when questioned about the extent of the illegal activity and failed to disclose that the company kept detailed logs that tracked it, according to prosecutors.The plant illegally boiled about 600,000 gallons of wastewater on 136 days from January to October 2019, McLaren said.The government didn’t seek the maximum fine for the environmental violations, which would have been $7 million for each day a violation was found, he said. A separate civil class-action suit is pending against the company filed by people living near the West Eugene plant. They allege gross negligence that allowed “carcinogenic and poisonous chemicals’’ to be regularly released into the air and groundwater. Baxter-Krause told an investigator that the company didn’t keep records on the boiling dates and claimed it occurred only occasionally during the rainy season, records said.“Those were not minimal or immaterial slip-ups,” McLaren said. What the company was doing was “known for years on end” and it was occurring every month, he said.“Despite alerts about equipment failure and the need for capital upgrades, the evidence reflects those warnings went unheeded by J.H. Baxter’s leadership for years,” McLaren said. “And by early 2019, this illegal boiling became the company’s sole method for treating their hazardous wastewater.”Baxter-Krause, who took over the company in 2001 after her father’s death, apologized to the community around the plant and to her friends and family. She now lives in Bend but had lived in California throughout her tenure as company president and visited the Eugene facility about three times a year, according to her lawyers.“I should have been honest,” she said. “To the West Eugene community who was impacted by my careless actions, I apologize. Not a day goes by that I don’t feel remorse. I am ashamed of what I have done. I feel I have truly let you down.”She acknowledged that as president, “the buck stops with me. I should have been more proactive in fully understanding the facility’s permits, the day-to-day operations and ensuring full compliance with environmental laws.”J.H. Baxter treated wood products at the plant from 1943 to 2022. Chemicals used to treat wood, such as creosote and pentachlorophenol, also known as “penta” or PCP, have contaminated the soil and groundwater and are an ongoing concern for surrounding neighborhoods, according to the government.The chemicals remain in tanks at the site and the environmental contamination has not been addressed, according to the Environmental Protection Agency.The company has spent more than $2 million since the plant’s closure to secure the facility and work on complying with environmental regulations, but it has been unable to sell the property because of the historical contamination, according to court records.The judge said it will be up to the Federal Bureau of Prisons where to send Baxter-Krause to serve the sentence. The defense said it would request that she be placed in a community corrections setting.Baxter-Krause was ordered to surrender on July 17. She wondered aloud in the courtroom after her sentencing how she would maintain the compliance reports.Her lawyers explained that the Environmental Protection Agency is on site daily working to fully shut the property down.The EPA is still working to determine how to handle and remove chemicals from the site. It collected soil, sediment, and water samples in May 2023 from both the facility and the surrounding areas. These samples will determine the environmental and potential public health impacts of chemicals that have migrated from the site and from air pollution from its operations.-- Maxine Bernstein covers federal court and criminal justice. Reach her at 503-221-8212, mbernstein@oregonian.com, follow her on X @maxoregonian, on Bluesky @maxbernstein.bsky.social or on LinkedIn.

Chemicals

Conservation

Government

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An exploration of what happens when whole communities get exposed to toxins: Naled sprayed on Miami residents to fight Zika virus, Agent Orange sprayed on the Vietcong, and release of GMO mosquitoes in Brazil with pyriproxyfen added to drinking water to fight dengue. What are the results for nature and humanity? We meet Agent Orange survivors at Vietnamese detoxification and rehabilitation centers, parents of babies born with microcephaly from Zika virus, and Florida residents dealing with efforts to kill mosquitoes carrying Zika virus. Perspectives of doctors, scientists, and politicians are balanced with voices of ordinary citizens and victims to explore concerns about the potential impact on current and future generations.

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928 The Threat Continues...

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Unacceptable Risk: Dr. Margaret Kripke on Cancer and the Environment

Unacceptable Risk tells the story of a prominent cancer researcher who rethinks her assumptions about the causes of cancer and the true burden of environmentally-induced cancers.

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A documentary on the profits international chemical companies are gaining in Africa at cost of the health of small-scaled-farmers and consumers.International chemical companies sell high toxic agro-chemicals in Kenya, which are banned since long in Europe. They are banned because their ingredients cause cancer and have a major negative impact on the nature and environment. Anyhow – in developing countries like Kenya those toxic chemicals are sold without any regulations through small agro-shops all over the country. The small scaled farmers do believe in the promises of better and safer harvest those companies give. Today, the use of pesticides even inside the villages is already a daily business. Furthermore many of them already depend on hybrid seeds, old and resistant seeds supplants. Most of the consumers do not have the knowledge, how dangerous those agro-chemicals are: the WHO announced that annually 346.000 people die, caused by accidentally poisoning with those chemicals, 2/3 of them within developing countries.In the face of world food, industry is trying to push its way into the markets. On the contrary, statistics and alternative farming methods in East Africa show that it no longer needs chemicals and hybrid seeds to feed the world, but a general rethinking.

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