Ethylene Oxide/Sterigenics Updates

Articles Tagged with Government

I’ve written recently about President Trump’s determination to get the EPA out of the business of protecting the environment and the lives and health of the American people. (EPA Blog) (Gorsuch blog). Huge corporate polluters-including petroleum and mining companies-are tired of having to comply with the federal clean air and water laws, and, in Trump, have found their man to take them off the hook.

Trump, in turn, has selected the man whose job it will be to starve the EPA of the resources necessary to do its job-resources like money, scientists, and the right to speak, so the EPA can warn families living in contaminated neighborhoods that they need to protect themselves. This is the blueprint for how the Trump EPA will clear the way for polluters who want to get back to profitable polluting.

Trump’s man is Scott Pruitt, Attorney General of the State of Oklahoma. If you care about clean air and water for yourself and your children, you’ll want to know about Pruitt. And once you know about him, I hope you will contact your US Senator, and insist that he/she vote to not confirm Pruitt to head the agency charged with the sacred obligation of protecting our environment. Because Pruitt has no intention of protecting the environment.

If you care about the environment’s impact on our life and health, should you care about whether Judge Neil Gorsuch, who President Trump has just nominated, is approved for a seat on the U.S. Supreme Court?

Yes. You absolutely should. Here’s why:

(1) Trump has a plan to dismantle environmental regulation [cite to my blog of earlier this week]. That plan includes Trump’s determination to encase in American law his scientifically fraudulent view that climate change/global warming is a “hoax”. To leave no room for doubt on this, Trump appointed to head the U.S. Environmental Protection Agency (“EPA”) a man named Scott Pruitt, who, as the Attorney General of Oklahoma, has sued the EPA some 14 times, mostly arguing that EPA has no right to regulate the petroleum industry. That’s the industry most responsible for global warming. In plain terms, Pruitt doesn’t want the EPA to have the power to stop polluters from polluting. And, courtesy of our new President, he’s going to be in charge of the EPA in a few days.

New President Trump’s hostility for the Environmental Protection Agency (EPA), and, really, for environmental protection in general, is well-documented. He thinks global warming/climate change is a “hoax”. He thinks that the EPA’s regulations providing clean water for us to drink and clean air to breathe are hurting the ability of American businesses to turn a profit. So, Trump wants to get rid of them, or of the EPA’s ability to enforce them. He also thinks that EPA scientists are a bunch of left-wingers, who rig science to make trouble for corporations.

So, it’s not surprising that recent news reports tell us how Trump plans to neuter the EPA into irrelevance. For example:

·Huge cuts. Myron Ebell was appointed by Trump to head his EPA transition team. Ebell is the director of an organization called the “Center for Energy and the Environment at the Competitive Enterprise Institute”, a business think tank challenging the science behind global warming, and trying to do away with the EPA. Ebell says that global warming is “a fad” and “alarmist”, and that no one should be concerned about historically-unprecedented rises in global temperatures and ocean levels, because “warmer climates are more pleasant and healthier.” Ebell recommends cutting EPA staff by 67%–from 15,000 to 5,000-and its budget by 50%. 1 It’s too early to know what the cuts will actually be, but that kind of recommendation from Trump’s hand-picked representative has a pretty obvious goal in mind: the EPA can’t very well protect the environment if it doesn’t have any money or people to do it with.

“You know a man by the company he keeps.” That’s what the Ancient Greek storyteller, Aesop, said a long time ago. The expression has survived until today because it makes sense: we all know that there is a lot to be learned about someone by seeing the friends he/she chooses.

If Aesop was right, then environmental protection in the United States is in big trouble. That’s because President-elect Trump has chosen as the new head of the Environmental Protection Agency one of the very best friends of the biggest polluter in the world, the oil and gas industry. His name is Scott Pruitt. He’s currently the attorney general of the oil and gas industry-controlled State of Oklahoma. In that job, Pruitt has behaved as though he’s one of the largest stockholders of Exxon Mobile. For example, he has:

· Sued to block the Clean Water Rule, which is meant to ensure safe drinking water sources.

Illinois legislators have an opportunity this fall to do something important and help to regain some of the public’s trust in government. They can pass a bill to test for lead in the drinking water at Illinois’ schools. (Yes, believe it or not, no such testing is currently required….as if we needed a reason to think even less of the state’s leadership.)

Last May, the Illinois Senate passed Senate Bill 550, sponsored by State Senator Heather Steans, (D – Chicago 7th), which, among other things, requires elementary schools in the state to test for high levels of lead in drinking fountains and sinks. Environmental groups, such as the Illinois Environmental Council are pushing for the House to pass the bill in their November Veto Session. 1

Some organizations are pushing back. The Illinois Association of School Administrators is asking who will pay for this, and the Illinois Municipal League, an advocacy group for local governments, opposes the bill because they don’t want municipalities to pay. 1

Day after day these days, we see expressions of clueless bewilderment from government officials: “Why are the people so mad at us?” “Why do they hate us?”Why are they so anxious to throw us out of office?”

There are, of course, a thousand reasons, but none more revealing of what’s broken about our government than this: While every branch of our government-Executive, Congressional, Judicial-has been working overtime to deny basic environmental protections to American citizens, when these same officials are threatened by contamination in their environment, protection for them arrives swiftly and surely.

Cases in point:

PORTLAND PARKS DIRECTOR NEEDS TO ‘GET’ THAT LEAD-CONTAMINATED DRINKING WATER IS DANGEROUS…..OR QUIT HIS JOB

A recent review of the Portland Parks and Recreation’s (PPR) handling of high levels of lead contamination in the drinking fountains at the Multnomah Arts Center concluded that the agency failed for years in its duty to protect citizens, especially kids, from the contamination. In a nutshell, the review found that PPR was aware since at least 2013 that lead levels in the water at several of the drinking fountains were unacceptably high, according to EPA standards, but ignored those results. The review also found other evidence of PPR’s shocking disregard of the health threats posed by the lead-contaminated water, including:

· PPR staff’s ignoring of a directive to replace lead plumbing;

The national spotlight has recently shifted its attention to Disney World and the awful tragedy that transpired at one of its resorts when an alligator attacked and killed a small child. While there are many questions and much more to be learned, the most immediate question is how could this happen? While it is too early to assign legal blame, it is natural to look at the facts and ask if Disney provided proper warnings prior to this tragedy.

This question can be superimposed onto any company, park, or public entertainment entity. When there is a possibility of an injury, what must the company do in order to adequately warn, or give notice, to the citizens using the facility or outdoor area? Using Disney as an example, it created an inviting, beach environment with lounge chairs and the safe, cheerful atmosphere one would expect from a Disney resort. According to news reports, “no swimming” signs were posted around the lagoon, but, allegedly, nothing in the area warning of wildlife, alligators, or any other imminent dangers. The ultimate question of liability will be whether Disney knew of this potential danger of alligator attacks and gave proper notice to its invitees.

Similarly, Illinois law states that a company must take the appropriate steps to keep its guests safe. This includes giving notice of any dangers or potentially dangerous conditions. Illinois courts have found that signs are a necessity in alerting citizens to the rules and regulations of a public place. Bowman v. The Chicago Park District, 2014 IL App (1st) 132122. In Bowman, a 13-year-old girl was injured at a Chicago park when she hurt herself on a broken slide. The park district argued that they were not liable because the park had been designated, by city ordinance, as a park for children 12 and younger. Because the 13-year-old plaintiff was not an intended user of the park, the trial court found the defendant to be free of liability and dismissed the case. The court of appeals reversed the judgment and stated that there must be proper notice to the attendees in order to release the park district from liability. In reversing, the court stated, “Playgrounds are designed for children. What would prompt a 13-year-old child to observe a slide and think, ‘am I really the intended user of this slide?'”.

Co-authored by Gregory Zimmer of The Collins Law Firm, P.C.

Contusions, bedsores, broken hips—all signs of nursing home neglect or abuse that can be caught earlier or even prevented with protective-care cameras. Last week, the Illinois legislature sent Governor Rauner a bill aimed at getting cameras in the rooms of every nursing home resident who wants one. Illinois has more than 860 nursing homes with more than 76,000 residents.1  If the governor passes the bill (HB2462), each of those residents can be better protected.

The possibility of neglect or abuse in nursing homes is a legitimate concern. The Federal Government’s General Accounting Office reports that 25% of the nation’s nursing homes have deficiencies that either cause actual harm to residents or carry the potential for serious injury or death.2  As a means to combat this problem, HB2462 specifies that footage from the cameras could be used as evidence in court.2

Co-authored by Jacob Exline of The Collins Law Firm, P.C.

Last Tuesday, the Illinois House of Representatives spent the day listening to grieving widows, victims of malpractice, and other citizens who have received personal injury damages tell their stories. The meeting was held in an effort to shine the spotlight on Gov. Bruce Rauner’s agenda to put a cap on damages in personal injury cases. In an attempt he believes will save employers money, the Illinois governor has been pushing to put a ceiling on the amount of money a plaintiff can recover in a personal injury case. Similar caps exist in Missouri and Indiana. One Indiana plaintiff whose daughter suffers from cerebral palsy said that she received only 10% of the $15 million medical malpractice jury award. As a result of the cap, she cannot fund her daughter’s ongoing medical care.

A Vernon Hills widow testified that she would return every penny if she could have her husband back. In 2013, State Trooper James Sauter was killed while on patrol after a semi-truck driver fell asleep behind the wheel. The driver veered through four lanes of traffic and hit the back of Sauter’s squad car. His wife, and the many others that testified, said that the money they received is not akin to winning the lottery, but rather a necessary means to continue their lives and their family’s lives which were abruptly changed for the worse due to another’s negligence. A Huntley, Illinois woman testified that, due to a doctor’s malpractice, her son was born with severe brain damage. Her jury award will be used to ensure her son has adequate healthcare now and in the future.

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