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Monday, January 28, 2013
Health and Environmental Advocates Aghast at Kennecott's Pro-pollution Stance
Federal Court Filing Reveals Mining Company Collusion with State of Utah to Increase Air Pollution at Expense of Public Health
Contact: Jeremy Nichols (303) 437-7663
Additional Contact:
Dr. Brian Moench, Utah Physicians for a Healthy Environment (801) 243-9089
Dr. Cris Cowley, Utah Physicians for a
Healthy Environment (801) 244-8612
Salt Lake City—Despite garnering worldwide attention for
having the country's worst air pollution, Kennecott Utah Copper intends to make
Salt Lake’s pollution even worse. In a motion filed late last Friday in
federal court, the argued that it has been justified in violating the Clean Air
Act and adding more pollution to the air we breathe.
“Even though over 115 Utah doctors have declared Utah's winter air pollution a
public health emergency, Kennecott seems to think this is not only appropriate,
but somehow legally justified,” said Jeremy Nichols of WildEarth Guardians.
The filing is the latest development in a lawsuit filed by WildEarth Guardians,
Utah Physicians for a Healthy Environment, Utah Moms for Clean Air, and the
Sierra Club over ongoing violations of the Clean Air Act at Kennecott’s Bingham
Canyon mine west of Salt Lake City. The largest open pit copper mine in
the world, the operations—which include the mine, a smelter, a coal-fired power
plant, and more—are the largest industrial source of air pollution along Utah’s
Wasatch Front.
For several years now, the company, a subsidiary of the multinational mining
giant, Rio Tinto, has violated its federal production limits at the Bingham
Canyon mine. These production limits were put in place in 1994 to curb
particulate matter pollution and protect public health.
“Wasatch Front air pollution impairs the health and shortens the life of
everyone who lives here, said Dr. Brian Moench, President of the Utah
Physicians for a Healthy Environment.”
Particulate matter (PM) has been a plague in the Salt Lake region. Since
the early 1990’s, the region has regularly violated federal health standards
limiting the largest component of air pollution, tiny particulate matter less
than 1/28th the width of a human hair. Currently, the region is
designated by the U.S. Environmental Protection Agency as in violation of
national PM standards.
Comprised of dust, heavy metals, and acid gases, PM is linked to a long list of
serious, chronic and in some cases fatal diseases. See http://www.epa.gov/air/particlepollution/health.html.
Every year, between 1,000 and 2,000 Utahns die prematurely because of
particulate pollution. Exposure to Wasatch Front PM shaves two years from
the lives of people who live in it, about one quarter of the impact of a pack a
day smoking habit.
For the past week, Wasatch Front cities have experienced the country's worst
air pollution, as high as four times higher than short term federal health
standards, and nearly ten times higher than long term standards.
Dr. Cris Cowley, UPHE Vice President said, “115 doctors signed our letter,
essentially calling our air pollution a public health crisis, especially for
our children and the unborn who can suffer irreversible and life long impaired
health from it.”
In 1994, Kennecott agreed to limit production at its Bingham Canyon Mine to
150,500,000 tons of ore and waste rock every year. As required by the
Clean Air Act, this limit was approved by the Environmental Protection Agency
and adopted as a federal rule. However, start at least in 2006, Kennecott
has regularly violated this limit, reaching levels as high as 192,684,252 in
2009 — more than 40 million tons higher than the 1994 limit. The company
intends to increase its production to up to 260 million tons annually.
These production increases were never approved by the Environmental Protection
Agency and the federal rules have not changed since 1994.
In a motion filed in federal court on Friday, WildEarth Guardians and its
partners pointed out that the Clean Air Act does not allow companies to
disregard federal air pollution limits. Kennecott’s actions, the groups
argued, grossly violated the Clean Air Act. The groups called on the
federal court to rule that Kennecott’s actions have been illegal.
Read WildEarth Guardians’ motion by clicking here >>
In an opposing motion, Kennecott argued otherwise, asserting that its production
increases were authorized by the State of Utah, and therefore legit under
federal law.
Read Kennecott’s motion by clicking here >>
“Kennecott is basically arguing that by colluding with the State, they can
ignore federal rules and completely sidestep the U.S. Environmental Protection
Agency,” said Nichols. “This isn’t just corrupt, it’s dangerous; the
company’s refusal to follow federal law is now contributing to the region’s out
of control air pollution.”
Guardians pointed out that the company’s position is undercut by the fact that
the State of Utah has actually sought approval from the Environmental
Protection Agency to allow Kennecott to increase its production. The
Agency, however, has expressed numerous concerns over the production increases;
tellingly, it has yet to approve any production increase.
“Despite recognition that EPA approval is necessary, Kennecott is still
barreling forward to dig deeper at the expense of public health,” said Nichols.
“Plain and simple, they’ve jumped the gun and rather than accept
responsibility for their actions, they’re now coming up with excuses to keep
polluting.”
The motions were filed in the U.S. District Court for the District of Utah in
Salt Lake. A ruling on the case is likely within the year.
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