Brooke Christy
Ohioans and Environmental Organizations File ...

In H.B. 96, the Ohio General Assembly snuck anti-environment provisions into the bill at the last minute that removed important protections for Ohioans who want to file complaints against polluters while also invalidating community air monitoring data. These statutory changes have no relationship to Ohio’s budget and thus violate the Ohio Constitution’s requirement that all legislation include only one subject.

Ohioans and Environmental Organizations File Lawsuit Challenging Constitutionality of Air Pollution Amendment in State Budget
Meagan Niebler
The world around us: How does our environment ...

Have you ever gone for a walk outside, heard the birds, and felt it clear your mind? Even lift your mood? There's a reason why people say they need to "get outside" – our surroundings have a profound impact on the way we think, feel, and cope with our situations. But what is the effect when those surroundings are polluted, neglected, or even unsafe? Our environment impacts more than just our physical health; it has a substantial impact on our mental health too. 

The world around us: How does our environment affect our mental health?
Victories, Beyond the Courtroom
Meagan Niebler
Changing the System for Environmental Justice: ...

How Can We Help You?

As environmental justice and law nonprofit, we are excited to support systems-change that strengthen environmental justice outcomes.  This can include:

  • Building Connections

  • Legal “Translation” + Bridging Information

  • Researching, Strategizing, and Educating about Legal and Policy Levers

  • Drafting Generalized Legal and Policy Templates

  • Engaging Community and Amplifying Issues

We can provide any of this support to nonprofits, coalitions, residents, and municipalities at no-cost.  Please reach out today and let’s get to work.

Changing the System for Environmental Justice: Fair Shake’s Role in Keeping Pittsburgh Water Public
Beyond the Courtroom, Tips/info
Guest User
A Win for Ohio: Legislation Fights Back Against ...

Ohio has recently passed legislation that will protect activists against SLAPP suits - so what are these suits and why is this legislation so important?

SLAPP stands for Strategic Lawsuits Against Public Participation. These are lawsuits aimed at silencing criticism and draining the resources of those who speak up against certain organizations.

A Win for Ohio: Legislation Fights Back Against SLAPP Suits
Tips/info
Meagan Niebler
Environmental Justice Advisory Boards - A ...

An Environmental Justice Advisory Board (EJAB) is a group that advises government agencies on issues related to environmental justice, ensuring that policies and actions address the needs and concerns of marginalized communities disproportionately affected by environmental harms. These boards play a crucial role in promoting fair treatment and meaningful involvement of all people, regardless of race or income, in environmental decision-making processes.

Environmental Justice Advisory Boards - A Scorecard for States

Legal Lowdown

WV Rivers Coalition vs. Chemours - An Explainer on the Motion for a Preliminary Injunction

WV Rivers Coalition vs. Chemours - An Explainer on the Motion for a Preliminary Injunction

For years, Dupont has been polluting waterways and soils with the forever chemical PFOA (perfluorooctanoic acid or “C8”), a type of PFAS that is used in Teflon coatings.  C8 is linked to numerous sicknesses, which have harmed or killed cattle, fish, wildlife, and humans.   [1] In 2001, private citizens sued Dupont to hold it accountable for the damage it caused and continues to cause. As one of the responses to that lawsuit, Chemours started as a spinoff of Dupont’s chemical manufacturing arm and became independent in 2015.[2] 

The now independent company has a manufacturing plant along the Ohio River in Washington, West Virginia.

Update on the East Palestine Train Derailment

Update on the East Palestine Train Derailment

Much has happened in the East Palestine community in the past year and a half since the Norfolk Southern train derailment – lawsuits have been filed, government investigations were carried out, and laws were proposed in response.    Many nonprofit organizations, including Fair Shake, have worked to help the community deal with the accident and the collective response. 

Who is Responsible for Ensuring Drinking Water at Schools and Child Care Centers are Lead Free?

Who is Responsible for Ensuring Drinking Water at Schools and Child Care Centers are Lead Free?

For over a century, our governments failed to regulate lead as it entered almost every facet of our consumer market and infrastructure. Despite long-standing knowledge of the risk of lead poisoning, lead was used for its versatility and low-cost. New studies estimate that at least half of the United States population was exposed to adverse lead levels during early childhood. While statutes and regulations have been put in place to prevent the continued use of lead in infrastructure and some products, few hold anyone responsible for affirmatively removing lead hazards. 

West Virginia Zoning Case's Potential Impact on Local Control of Oil and Gas Activities

West Virginia Zoning Case's Potential Impact on Local Control of Oil and Gas Activities

SWN Production Company, LLC, a Texas-based natural gas developer, is appealing a West Virginia circuit court decision upholding local zoning laws’ ability to limit the location of oil and gas activities. The appeal’s outcome may greatly affect the ability of local governments to control oil and gas activities in their communities.

Pleasants Power Station - Potential Permits and Approvals Needed for Pyrolysis Plans

Pleasants Power Station - Potential Permits and Approvals Needed for Pyrolysis Plans

Omnis has not announced a timeline for its proposed facility. However, Omnis will undoubtedly need to apply for permits with West Virginia Department of Environmental Protection (DEP). To date there has been nothing filed of record.  The very first step Omnis will need to take will be to immediately file for Change of Ownership on the existing permits to continue operations of the coal fired plant.  

THE SHELL CONSENT ORDER – WHAT HAPPENED, WHAT DOES IT MEAN, AND WHAT COMES NEXT?

THE SHELL CONSENT ORDER – WHAT HAPPENED, WHAT DOES IT MEAN, AND WHAT COMES NEXT?

A consent order is an agreement between an administrative agency like the Department of Environmental Protection and a private party such as Shell that can be used to enforce the agency’s rules. In this case, the Department of Environmental Protection has ordered Shell to lower their emissions and comply with their original Plan Approval, and Shell has agreed to the Department’s terms by signing it as well. The consent order adds several new mandatory monitoring and reporting requirements for Shell as the facility resumes operations. Shell will be required to do additional modeling of the malfunctioning flares, monthly reporting of the facility’s emissions, and details of their plans for making repairs.

Proposed Aliquippa Steel Manufacturing Plant - What You Need To Know

Proposed Aliquippa Steel Manufacturing Plant - What You Need To Know

Since 72 Steel is still in its initial stages of development, there are plenty of opportunities for public participation in both the local and state permitting processes. As listed above, some of these actions include making a written or oral public comment or challenging approvals in the proper court or tribunal. Participating in these types of actions helps ensure the public’s wishes and concerns are heard with the new industrial development in the Aliquippa area.

Sackett versus the Environmental Protection Agency (EPA)

Sackett versus the Environmental Protection Agency (EPA)

On May 25th, 2023, the U.S. Supreme Court issued a 5-4 decision on Sackett v. EPA, No. 21-454. This case follows the recent Supreme Court’s trend loosening environmental protection laws and weakening agency power. Here, the Court’s ruling will shrink the U.S. Environmental Protection Agency (EPA)’s jurisdiction to enforce the Clean Water Act (CWA), by limiting regulatory authority to wetlands only if they have a continuous surface water connection to navigable waters such that they are indistinguishable from these bodies of water.

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