Environmental Advocates of New York

the [green] capitol insider

July 27, 2009

Welcome to Environmental Advocates of New York’s online newsletter from the State Capital, your source for environmental news. We update you every other week with tidbits and observations carefully gleaned from the halls of the Capitol.

GREEN GROUPS' FACE OFF AGAINST MR. CLEAN DELAYED

On July 23^rd, a New York State Supreme Court judge rejected legal briefs filed by household cleaning giants Procter & Gamble, Colgate-Palmolive, Church and Dwight and Reckitt-Benckiser in a right-to-know case filed by environmental and public health advocates.

Oral arguments in the case were scheduled to begin last week. But the judge said industry lawyers violated court procedure by filing a motion-to-dismiss brief that exceeded the maximum page limit.

So the judge tossed the brief and rescheduled oral arguments for October 15.

The household cleanser manufacturers refuse to follow a 1976 New York State law requiring disclosure of the dangerous chemical ingredients in their products and related health risks. Independent studies link many chemicals found in cleaning products with health effects ranging from nerve damage to hormone disruption.

The lawsuit could have national implications. In D.C., advocates are awaiting re-introduction of the Kid Safe Chemical Act, which would force the chemical industry to prove the safety of a chemical before approving it for use. Similar European regulations, known as REACH, are already taking effect.

Earthjustice brought the court case on behalf of Environmental Advocates of New York, Women’s Voices for the Earth, New York Public Interest Research Group, Riverkeeper, Sierra Club and American Lung Association in New York.

In response to a letter sent by the groups, several companies, including the California-based Sunshine Makers, Inc. (manufacturers of Simple Green products), filed reports with the state for the first time. And three weeks after the disclosure lawsuit was filed, household cleaner manufacturing giant SC Johnson announced it would begin disclosing the chemical ingredients in its products through product labels and a website.

Ingredient disclosure requirements are virtually non-existent in the U.S. The exception is a state law that requires household and commercial cleanser companies selling products in New York to file semi-annual reports listing chemicals contained in their products and describing company research on related health and environmental effects. But in the three decades since the law was passed, companies have failed to file a single report.

Click here to read the press release.

For a copy of the lawsuit, click here.

For a report by Women’s Voices for the Earth detailing health effects of ingredients commonly used in household cleaners, click here.

THE GREEN, THE BAD & THE UGLY

Join Environmental Advocates of New York’s Executive Director Rob Moore and Policy Director Dave Gahl to hear the inside story on what did and did not happen during the 2009 New York State Legislative Session. Where? Columbia Law School, Room 103. When? 6:00 p.m. on August 4, 2009. For more information and to RSVP, call Amy Lynch at 518.462.5226 ext. 223 or email alynch@eany.org.

STATE SENATE LEAVES TOWN NOT WITH A BANG, BUT A WHIMPER

Very early on the morning of Friday, July 17^th, the New York State Senate soap opera wrapped up, more or less, and went home.

Few major issues were addressed, unfortunately. Although the majority in the Chamber, with only 28 members in attendance—Senator Dan Squadron (D-NYC) was on his honeymoon and Senators Carl Kruger (D-Brooklyn) and Ruben Diaz, Sr. (D-Bronx) left town inexplicably the night before—the Senate Democrats could not pass legislation without the support of at least four Republican colleagues. And despite the adoption of some reforms, the Republicans weren’t in a helpful mood.

For our part, we worked hard to get legislation passed that would require electronic waste (often called E-waste) recycling and create green jobs. Both bills were ‘laid aside.’

The green jobs bill was set aside without a vote. E-waste legislation did get called for a vote but the vote was not recorded, as Senator Thompson practiced a long-standing Albany tradition of having the bill set aside without votes being recorded (so as to avoid having a failed vote).

Despite inaction on major items, a handful of energy-related measures passed the house during the Senate’s final two days in Albany. One bill authorizes the New York Power Authority to undertake additional energy efficiency and renewable energy projects. Another reinstates the State’s Energy Planning Law. A third bill requires companies that want to build electric transmission lines to pay into a state fund that could be accessed by municipalities, nonprofits, or relevant community groups to help them participate in the siting proceeding. These bills also passed the Assembly and now await the Governor’s signature.

Both houses are expected to return between now and September to address additional cuts to the state budget. And we hope some environmental priority issues make it onto lawmakers’ agenda, too.