May, 26 2009, 03:22pm EDT
For Immediate Release
Contact:
Jay Lininger, Center for Biological Diversity, (928) 853-9929, jlininger@biologicaldiversity.org
Stacey Hamburg , Sierra Club, (928) 853-8824, stacey.hamburg@sierraclub.org
Old-Growth Logging Project Near Grand Canyon Halted in Victory for Conservation and Goshawks
FLAGSTAFF, Ariz.
For the second time in a decade, the Center for Biological Diversity
and Sierra Club have halted a U.S. Forest Service plan to log
old-growth forests north of Grand Canyon. The Kaibab National Forest
reversed its approval of the 26,000-acre Jacob Ryan timber sale, first
planned in 1998, admitting in a letter
received by the Center this weekend that, "The decision and analysis do
not demonstrate compliance with direction in the Kaibab Forest Plan,
agency policy, direction and supporting information regarding
cumulative effects, and 1996 northern goshawk requirements."
The Forest Service letter responds to, and agrees with, a March 30 appeal filed by the Center and Sierra Club that asserted the project would violate forest plan requirements to maintain goshawk habitat where large and old trees predominate. The decision,
now reversed, included mitigation measures to retain trees larger than
18 inches in diameter and older than 130 years, regardless of size. But
independent tree-age coring conducted by the Center verified that the
Forest Service had planned to violate those measures by marking trees
up to 200 years old to be cut.
"This is a victory
for wildlife and old-growth at the gateway to Grand Canyon National
Park," said Jay Lininger, an ecologist with the Center for Biological
Diversity. "But there remains a need to safely restore natural fire to
the forests at Jacob Ryan."
While the groups
welcome the reversal, they question why the Forest Service abandoned
the entire project rather than agreeing to thin only smaller trees. The
groups' appeal explicitly supported and encouraged thinning young trees
smaller than 12 inches in diameter and returning natural fire to the
forest, recognizing that such measures are necessary to restore "some of the last, best old-growth ponderosa pine forests in the Southwest," according to Lininger.
"I cored trees 200 years old marked for cutting at Jacob Ryan, and
that's not acceptable," he said. "But there's no reason we can't thin
young, small trees and restore fire while also protecting wildlife."
This was the agency's third attempt to implement the project since
planning began in 1998. The first attempt was also halted by a Center
for Biological Diversity administrative appeal; the second attempt was
voluntarily withdrawn by the Forest Service. The latest iteration was a
smaller than the previous one, and the first of the three to
voluntarily limit the size or age of trees to be removed.
"We are pleased the Forest Service recognizes that they are on the
wrong track with this timber sale," said Stacey Hamburg, Grand Canyon
campaign coordinator for the Sierra Club's Grand Canyon Chapter. "It is
time for a project that focuses on restoration, protection of wildlife,
and preserving the limited old growth that remains. By reversing its
decision the Forest Service now has an opportunity to do that."
The Kaibab Plateau hosts the largest breeding goshawk population in the
lower 48 states, but past logging in the forest removed large areas of
habitat. In 1996, the Forest Service adopted protective measures for
the raptor to prevent its listing under the Endangered Species Act.
The Forest Service's reversal occurred on the same day that the Center and Sierra Club filed a separate appeal
challenging plans to log more than 9,000 acres of forest burned by the
2006 Warm Fire, immediately southeast of the Jacob Ryan project area,
including critical recovery habitat for the threatened Mexican spotted
owl.
Photos of the Jacob Ryan project area,
including old-growth trees aged by the Center and marked for logging by
the Forest Service, can be downloaded here.
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
(520) 623-5252LATEST NEWS
'Crucial' UN Report on Gaza Genocide Must Spur Global Action, Says Amnesty
U.N. member states must "use their influence" to push Israel to halt its bombardment of Gaza and blocking of humanitarian aid, said the group's secretary general.
Mar 26, 2024
"The time to act to prevent genocide is now," Amnesty International's secretary general said Tuesday, a day after the United Nations Human Rights Council released a draft report detailing how the panel found that there are "reasonable grounds to believe" that Israel is already committing genocidal violence in Gaza.
Amnesty's Agnes Callamard called the 25-page report a "crucial body of work that must serve as a vital call to action to states," many of which have called for a cease-fire in Gaza for several months.
After the U.N. report found that "the overwhelming nature and scale of Israel's assault on Gaza... reveal an intent to physically destroy Palestinians as a group," Callamard said "states must now focus their efforts on making these calls a reality."
"Third states must apply political pressure on the warring parties to implement the U.N. Security Council resolution adopted yesterday demanding an immediate cease-fire, use their influence to insist that Israel abides by the resolution, including by stopping the shelling and lifting restrictions on humanitarian aid," said Callamard. "They must impose a comprehensive arms embargo against all parties to the conflict. They must also pressure Hamas and other armed groups to free all civilian hostages."
The U.N. report was released the same day that the U.N Security Council adopted a resolution demanding an immediate, temporary cease-fire for the remainder of the month of Ramadan—the first cease-fire resolution to pass at the council following three that failed due to the U.S. vetoing the measures.
The U.S., which gives Israel $3.8 billion in annual military aid and has continued to provide support throughout the bombardment, abstained from voting on Monday's resolution and infuriated human rights experts by baselessly claiming the vote was "nonbinding."
The U.N. report, titled Anatomy of a Genocide, detailed actions Israel has taken since beginning its bombardment of Gaza in October that could violate Article II of the Genocide Convention, including killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting conditions of life calculated to bring about its physical destruction, and imposing measures intended to prevent births.
Along with killing at least 32,414 Palestinians in Gaza—73% of whom have been women and children, and the remaining 27% were not proven to have been Hamas members—Israel has also imposed mass starvation on the population, killing "10 children daily," according to the report. Israel has detained thousands of Palestinian men and boys in undisclosed locations; injured 70,000 people; forced medical personnel to perform "hazardous health procedures, such as amputations without anesthetics, including on children"; and "destroyed or severely damaged most life-sustaining infrastructure."
Callamard noted on Tuesday that the report came two months after the International Court of Justice (ICJ) announced an interim ruling that Israel is "plausibly" committing a genocide in Gaza and ordered the country to take action to prevent genocidal violence by its forces.
"In that time, the situation in Gaza has grown exponentially worse, with thousands more Palestinians killed and Israel continuing to refuse to comply with the ICJ ruling to ensure provision of sufficient humanitarian aid to Palestinians as human-made famine edges closer each day and more people starve to death," said Callamard.
The secretary general echoed a call in the report, which was compiled by Francesca Albanese, special rapporteur on human rights in the occupied Palestinian territories, for the full funding of the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
Israel said Sunday it will no longer permit UNRWA aid trucks to deliver humanitarian relief in northern Gaza, where one-third of children under age 2 are now suffering from acute malnutrition. The U.S. officially suspended UNRWA funding through March 2025 on Monday after President Joe Biden signed a new spending package into law.
The U.S. led several countries in cutting funding to the agency in January after Israel claimed 12 of UNRWA's 13,000 employees in Gaza had been involved in the Hamas-led attack on southern Israel in October. Countries including Finland, Canada, and Australia have since reinstated funding.
Callamard also called on all states, particularly powerful Western countries that are allied with Israel, including the U.S., to support international authorities as they try to hold Israeli officials to account for the mass killing and starving of civilians in Gaza. Israel has refused to allow U.N. experts and other independent human rights monitors access to Gaza.
"Helping to prevent genocide also means supporting accountability efforts including the ongoing investigation by the Office of the Prosecutor of the International Criminal Court and exercising universal jurisdiction to bring those suspected of crimes under international law to justice," said Callamard.
The secretary general noted that momentum has grown in recent days around international calls for a cease-fire, but said a desperately needed halt in fighting requires a concerted push by influential states to become a reality.
"An enduring cease-fire," said Callamard, "remains the best way to enforce the ICJ's provisional measures to prevent genocide and further crimes and civilian suffering."
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Abortion Defenders Decry 'Baseless' Attack on Mifepristone as SCOTUS Hears Case
"The overturn of Roe was just the first step in the far right's relentless campaign to restrict women's reproductive freedom," said one advocate. "We always knew they would come for medication abortion, too."
Mar 26, 2024
As the U.S. Supreme Court heard oral arguments Tuesday in a case brought by right-wing activists seeking to sharply limit access to a commonly used abortion pill, reproductive rights advocates renewed warnings that Republicans' endgame isn't just making abortion a states' rights issue, but rather forcing a nationwide ban on all forms of the medical procedure.
Thehigh court justices—including six conservatives, half of them appointed by former President Donald Trump, the presumptive 2024 GOP presidential nominee—are hearing oral arguments in Food and Drug Administration v. Alliance for Hippocratic Medicine, a case brought by the right-wing Alliance Defending Freedom on behalf of anti-abortion doctors. The case involves the abortion pill known by the generic name mifepristone, which was first approved by the FDA in 2000 as part of a two-drug protocol to terminate early-stage pregnancies.
"If the Supreme Court refuses to follow the evidence and imposes medically unnecessary restrictions on mifepristone, it will be just another stepping stone in the anti-abortion movement's end goal of a nationwide ban on abortion."
"Mifepristone has been used by millions of women over the last 20 years, and its safety and effectiveness have been well-documented," said Jamila Taylor, president and CEO of the Institute for Women's Policy Research. "The drug has taken on even greater importance for women's health since the Supreme Court overturned Roe v. Wade, and the far right has moved to block women's access to healthcare at every turn."
In a dubious practice known as "judge shopping," the plaintiffs filed their complaint in Amarillo, Texas, where Matthew Kacsmaryk, the sole federal district judge and a Trump appointee, ruled last April that the FDA's approval of mifepristone was illegal. Shortly after Kacsmaryk's ruling, a federal judge in Washington state issued a contradictory decision that blocked the FDA from removing mifepristone from the market. The U.S. Department of Justice subsequently appealed Kacsmaryk's ruling.
Later in April 2023, the Supreme Court issued a temporary order that allowed mifepristone to remain widely available while legal challenges continued. A three-judge panel of the right-wing 5th U.S. Circuit Court of Appeals ruled last August that the FDA's 2016 move to allow mifepristone to be taken later in pregnancy, mailed directly to patients, and prescribed by healthcare professionals other than doctors, was likely illegal. However, the court also allowed the pill to remain on the market pending the outcome of litigation.
In an analysis of the case published Tuesday, jurist Amy Howe explained:
There are three separate questions before the justices on Tuesday. The first one is whether the challengers have a legal right to sue, known as standing, at all. The FDA maintains that they do not, because the individual doctors do not prescribe mifepristone and are not obligated to do anything as a result of the FDA's decision to allow other doctors to prescribe the drug.
The court of appeals held that the medical groups have standing because of the prospect that one of the groups' members might have to treat women who had been prescribed mifepristone and then suffered complications—which, the FDA stresses, are "exceedingly rare"—requiring emergency care. But the correct test, the FDA and [mifepristone maker] Danco maintain, is not whether the groups' members will suffer a possible injury, but an imminent injury.
Destiny Lopez, acting co-CEO of the Guttmacher Institute, called the plaintiffs' claims "baseless."
"If the Supreme Court refuses to follow the evidence and imposes medically unnecessary restrictions on mifepristone, it will be just another stepping stone in the anti-abortion movement's end goal of a nationwide ban on abortion," she said on Tuesday. "As the court weighs its decision, let's be clear that the only outcome that respects facts and science is maintaining full access to mifepristone."
As more than 20 states have banned or restricted abortion since the Supreme Court's June 2022 Dobbs v. Jackson Women's Health Organization ruling overturnedRoe v. Wade and voided half a century of federal abortion rights, people have increasingly turned to medication abortion to terminate unwanted pregnancies. And while Republicans have often claimed that overturning Roe was not meant to ban all abortions but merely to leave the issue up to the states, GOP-authored forced pregnancy bills and statements by Republican lawmakers and candidates including Trump—who last week endorsed a 15-week national ban—belie conservatives' goal of nationwide prohibition.
Project 2025, a coalition of more than 100 right-wing groups including Susan B. Anthony Pro-Life America and other anti-abortion organizations, wants to require the FDA to ban drugs used for medication abortions, protect employers who refuse to include contraceptive coverage in insurance plans, and increase surveillance of abortion and maternal mortality reporting. The coalition is reportedly drafting executive orders through which Trump, if reelected, could roll back Biden administration policies aimed at protecting and expanding abortion access.
"The overturn of Roe was just the first step in the far right's relentless campaign to restrict women's reproductive freedom. We always knew they would come for medication abortion, too," Taylor said. "But conservatives seeking to block access to mifepristone are not concerned about women's safety; they want to block all abortion options for women and prevent them from making their own reproductive decisions, even in their own homes."
Right-wing groups including the Heritage Foundation have been pressing Trump to invoke the Comstock laws, a series of anti-obscenity statutes passed in 1873 during the Ulysses S. Grant administration. One of the laws outlawed using the U.S. Postal Service to send contraceptives and punished offenders with up to five years' hard labor. Named after Victorian-era anti-vice crusader and U.S. postal inspector Anthony Comstock, the laws were condemned by progressives of the day, with one syndicated newspaper editorial accusing Comstock of striking "a dastard's blow at liberty and law in the United States."
Slate senior writer Mark Joseph Stern said Tuesday that far-right Justices Clarence Thomas and Samuel Alito—who wrote the majority opinion in Dobbs—"are clearly eager to revive the Comstock Act as a nationwide ban on medication abortion, and maybe procedural abortion, too."
"That would subject abortion providers in all 50 states to prosecution and imprisonment," he added. "No congressional action needed."
Progressive U.S. lawmakers joined reproductive rights advocates in rallying outside the Supreme Court on Tuesday.
"Mifepristone is safe and effective and has been used in our country for decades," said Rep. Rashida Tlaib (D-Mich.). "These far-right justices need to stop legislating from the bench."
Rep. Ayanna Pressley (D-Mass.) asserted that "medication abortion is safe, effective, and routine healthcare."
"Over half of U.S. abortions are done this way and we have decades of scientific evidence to back up its safety," she added. "SCOTUS must protect access to mifepristone and we must affirm abortion care as the human right that it is."
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Experts Warn of Toxins in GM Corn Amid US-Mexico Trade Dispute
"The Mexican government is both wise and on solid ground in refusing to allow its people to participate in the experiment that the U.S. government is seeking to impose."
Mar 26, 2024
Friends of the Earth U.S. on Monday released a brief backing Mexico's ban on genetically modified corn for human consumption, which the green group recently submitted to a dispute settlement panel charged with considering the U.S. government's challenge to the policy.
Mexican President Andrés Manuel López Obrador announced plans to phase out the herbicide glyphosate as well as genetically modified (GM) or genetically engineered (GE) corn in 2020. Last year he issued an updated decree making clear the ban does not apply to corn imports for livestock feed and industrial use. Still, the Biden administration objected and, after fruitless formal negotiations, requested the panel under the United States-Mexico-Canada Agreement (USMCA).
"The U.S. government has not presented an 'appropriate' risk assessment to the tribunal as called for in the USMCA dispute because such an assessment has never been done in the U.S. or anywhere in the world," said agricultural economist Charles Benbrook, who wrote the brief with Kendra Klein, director of science at Friends of the Earth U.S.
"The U.S. is, in effect, asking Mexico to trust the completeness and accuracy of the initial GE corn safety assessments carried out 15 to 30 years ago by the companies working to bring GE corn events to market."
The group's 13-page brief lays out health concerns related to GM corn and glyphosate, and the shortcomings of U.S. analyses and policies. It also stresses the stakes of the panel's decision, highlighting that "corn is the caloric backbone of the Mexican food supply, accounting, on average, for 50% of the calories and protein in the Mexican diet."
Blasting the Biden administration's case statement to the panel as "seriously deficient," Klein said Monday that "it lacks basic information about the toxins expressed in contemporary GMO corn varieties and their levels. The U.S. submission also ignores dozens of studies linking the insecticidal toxins and glyphosate residues found in GMO corn to adverse impacts on public health."
The brief explains that "since the commercial introduction of GE corn in 1996 and event-specific approvals in the 1990s and 2000s, dramatic changes have occurred in corn production systems. There has been an approximate four-fold increase in the number of toxins and pesticides applied on the average hectare of contemporary GE industrial corn compared to the early 1990s. Unfortunately, this upward trend is bound to continue, and may accelerate."
The U.S. statement's assurances about risks from Bacillus thuringiensis or vegetative insecticidal protein (Bt/VIP) residues "are not based on data and science," the brief warns.
"The U.S. is, in effect, asking Mexico to trust the completeness and accuracy of the initial GE corn safety assessments carried out 15 to 30 years ago by the companies working to bring GE corn events to market," the document says. "The Mexican government is both wise and on solid ground in refusing to allow its people to participate in the experiment that the U.S. government is seeking to impose on Mexico."
"The absence of any systematic monitoring of human exposure levels to Bt/VIP toxins and herbicides from consumption of corn-based foods is regrettable," the brief adds. "It is also unfortunate that the U.S. government rejected the Mexican proposal to jointly design and carry out a modern battery of studies able to overcome gaps in knowledge regarding GE corn impacts."
"The U.S. government's case against Mexico has no more scientific merit than its sham GMO regulatory regime, and should be rejected by the USMCA dispute resolution panel."
Friends of the Earth isn't the only U.S.-based group formally supporting the Mexican government in the USMCA process. The Center for Food Safety sent a 10-page submission by science director Bill Freese, an expert on biotech regulation, to the panel on March 15. His analysis addresses U.S. regulation of genetically modified organisms (GMO) along with the risks of GM corn and glyphosate.
"GMO regulation in the U.S. was crafted by Monsanto, now owned by Bayer, and is a critical part of our government's promotion of the biotechnology industry," Freese said last week, referring to the company known for the glyphosate-based weedkiller Roundup. "The aim is to quell concerns and promote acceptance of GMOs, domestically and abroad, rather than critically evaluate potential toxicity or allergenicity."
His submission notes that the U.S. Food and Drug Administration "does not require a GE plant developer to do anything prior to marketing its GE crop or food derived from it. Instead, FDA operates what it calls a voluntary consultation program that is designed to enhance consumer confidence and speed GE crops to market."
"When governmental review is optional; and even when it's conducted, starts and ends with the regulated company's safety assurance—what's the point?" Freese asked. "Clearly, it's the PR value of a governmental rubber stamp."
"The Mexican government's prohibition of GM corn for tortillas and other masa corn products is fully justified," he asserted. "The U.S. government's case against Mexico has no more scientific merit than its sham GMO regulatory regime, and should be rejected by the USMCA dispute resolution panel."
In a Common Dreams opinion piece last week, Ernesto Hernández-López, a law professor at Chapman University in California, pointed out that Mexico's recent submission to the panel also "offers scientific proof and lots of it," including "over 150 scientific studies, referred to in peer-review journals, systemic research reviews, and more."
"Mexico incorporates perspectives from toxicology, pediatrics, plant biology, hematology, epidemiology, public health, and data mining, to name a few," he wrote. "This clearly and loudly responds to American persistence. The practical result: American leaders cannot claim there is no science supporting the decree. They may disagree with or dislike the findings, but there is proof."
The Biden administration's effort to quash the Mexican policy notably comes despite the lack of impact on trade. While implementing its ban last year, "Mexico also made its largest corn purchase from the U.S., 15.3 million metric tons," National Geographicreported last month.
Kenneth Smith Ramos, former Mexican chief negotiator for the USMCA, told the outlet that "right now, it may not have a big economic impact because what Mexico is using to produce flour, cornmeal, and tortillas is a very small percentage of their overall imports; but that does not mean the U.S. is not concerned with this being the tip of the iceberg."
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