September, 30 2009, 04:17pm EDT
For Immediate Release
Contact:
Erin Tobin, Earthjustice, (510) 550-6725
David Edelson, The Wilderness Society, (415) 215-7238
Ileene Anderson, Center for Biological Diversity, (323) 654-5943
James Navarro, Defenders of Wildlife, (202) 772-0247
Court Rules That Southern California Forest Plans Violate Law by Ignoring Effects of Development on 974,000 Roadless Acres
SAN FRANCISCO
A federal district court judge ruled late Tuesday that U.S. Forest Service management plans for four Southern California national forests did not adequately protect those forests' wildest landscapes.
In
the ruling, U.S. District Court Judge Marilyn Hall Patel agreed with
seven conservation groups that the Forest Service failed to assess
cumulative damage to those national forests that would be caused by
piecemeal road building and other development in most of the forests'
roadless areas, in violation of the National Environmental Policy Act.
The
groups, represented in the suit by Earthjustice attorneys Erin Tobin
and Trent Orr, are the Center for Biological Diversity, Los Padres
ForestWatch, Sierra Club, Defenders of Wildlife, California Native
Plant Society, California Wilderness Coalition, and The Wilderness
Society.
"Some of the wildest, most pristine areas
of Southern California's national forests have been given a second
chance by this court decision," said Ileene Anderson of the Center for
Biological Diversity. "These areas provide critically important
strongholds for endangered species such as steelhead, the California
condor, and the arroyo toad - refuges that are crucial to the animals'
survival during this time of climate change."
"The
decision vindicates the public's right to know how our national forests
are managed," said Earthjustice attorney Erin Tobin. "It is a victory
for Southern California's wild areas and wildlife, healthy forests, and
clean drinking water."
At issue are more than a
million acres of roadless areas within the Angeles, Los Padres,
Cleveland, and San Bernardino national forests. The four forests,
surrounded by some of the most rapidly urbanizing land in the United
States, are the last remaining refuge for such imperiled species as the
California condor. At the same time, the forests are increasingly
subject to disturbances ranging from off-road vehicle abuse to oil and
gas development to invasive species, the impacts of many of which are
exacerbated by road building.
The challenged
management plans recommended just 79,000 acres of roadless areas for
possible wilderness designation and slotted more than 942,000 acres for
possible road building or other development. According to the court's
ruling, the Forest Service violated federal environmental law by
ignoring the "larger picture" of how allowing more development in
roadless areas - while recommending almost no such areas for permanent
wilderness protection - would affect the forests' irreplaceable
landscapes and wildlife.
The court also ruled that
the Forest Service's failure to consider alternative approaches for
monitoring the health of forests and their wildlife that are harmed by
wildfire management, energy development, and substantial off-road
vehicle use was a further violation of the law.
"Forest
plans are not empty documents to be placed on the shelf. They're
important roadmaps for resource conservation," said Kim Delfino, the
California program director for Defenders of Wildlife. "California's
national forests are some of the last remaining wild places in our
state, and smart planning is essential to protecting the resources that
make up our national forests, especially vital wildlife habitat."
"This
ruling pulls the rug out from under the Forest Service's decision to
recommend only a paltry acreage of wilderness within the four Southern
California national forests," said David Edelson, California regional
director of The Wilderness Society. "We urge the agency to reconsider
its decision and to work with Congress to provide the permanent
wilderness protection that the region's outstanding wildlands deserve."
"John
Muir called for the protection of all wild places," said Joyce Burk of
the Sierra Club's Southern California Forests Committee. "Judge
Patel's decision is a great step in the right direction. We applaud her
decision."
Background
The
Forest Service revised the forest plans for the four national forests
in 2005 in response to a 1998 lawsuit by the Center for Biological
Diversity. The Forest Service largely ignored a comprehensive conservation plan
developed by the Center and a coalition of other groups during the
revision process. That plan would have put in place protections
necessary to safeguard the forests' unique biological diversity. The
seven environmental groups filed suit over this and several other flaws
in the plans in 2008.
The four national forests of Southern California
include more than 3.5 million acres of public land from Big Sur to the
Mexican border. The forests host a high diversity of ecosystems,
including chaparral, oak woodlands, savannas, deserts, and alpine
areas. They provide important habitat for numerous sensitive,
threatened, and endangered animals. Currently, these areas are
significantly affected by poorly managed roads, increasing demands for
motorized recreation from the growing populations in Los Angeles and
San Diego, oil and gas development, urban infrastructure, and other
developmental pressures.
The Los Padres National
Forest encompasses nearly 2 million acres in the coastal mountains of
central California, stretching almost 220 miles from the Big Sur coast
in Monterey County to the western edge of Los Angeles County. The
Angeles National Forest is near Los Angeles and contains 663,000 acres.
The San Bernardino National Forest includes 665,700 acres, and abuts
the Inland Empire. The Cleveland National Forest includes 420,000 acres
in Orange and San Diego Counties.
Many species of imperiled wildlife, including the arroyo toad, California condor, California red-legged frog, California spotted owl, least Bell's vireo, northern goshawk, Santa Ana sucker, Sierra Nevada mountain yellow-legged frog, southern California steelhead trout, southwestern willow flycatcher, and the unarmored threespine stickleback,
will be affected by the new plans. More than 20 million Californians
live within one hour's drive of at least one of these four national
forests.
LATEST NEWS
Critics Blast 'Reckless and Impossible' Bid to Start Operating Mountain Valley Pipeline
"The time to build more dirty and dangerous pipelines is over," said one environmental campaigner.
Apr 23, 2024
Environmental defenders on Tuesday ripped the company behind the Mountain Valley Pipeline for asking the federal government—on Earth Day—for permission to start sending methane gas through the 303-mile conduit despite a worsening climate emergency caused largely by burning fossil fuels.
Mountain Valley Pipeline LLC sent a letter Monday to Federal Energy Regulatory Commission (FERC) Acting Secretary Debbie-Anne Reese seeking final permission to begin operation on the MVP next month, even while acknowledging that much of the Virginia portion of the pipeline route remains unfinished and developers have yet to fully comply with safety requirements.
"In a manner typical of its ongoing disrespect for the environment, Mountain Valley Pipeline marked Earth Day by asking FERC for authorization to place its dangerous, unnecessary pipeline into service in late May," said Jessica Sims, the Virginia field coordinator for Appalachian Voices.
"MVP brazenly asks for this authorization while simultaneously notifying FERC that the company has completed less than two-thirds of the project to final restoration and with the mere promise that it will notify the commission when it fully complies with the requirements of a consent decree it entered into with the Pipeline and Hazardous Materials Safety Administration last fall," she continued.
"Requesting an in-service decision by May 23 leaves the company very little time to implement the safety measures required by its agreement with PHMSA," Sims added. "There is no rush, other than to satisfy MVP's capacity customers' contracts—a situation of the company's own making. We remain deeply concerned about the construction methods and the safety of communities along the route of MVP."
Russell Chisholm, co-director of the Protect Our Water, Heritage, Rights (POWHR) Coalition—which called MVP's request "reckless and impossible"—said in a statement that "we are watching our worst nightmare unfold in real-time: The reckless MVP is barreling towards completion."
"During construction, MVP has contaminated our water sources, destroyed our streams, and split the earth beneath our homes. Now they want to run methane gas through their degraded pipes and shoddy work," Chisholm added. "The MVP is a glaring human rights violation that is indicative of the widespread failures of our government to act on the climate crisis in service of the fossil fuel industry."
POWHR and activists representing frontline communities affected by the pipeline are set to take part in a May 8 demonstration outside project financier Bank of America's headquarters in Charlotte, North Carolina.
Appalachian Voices noted that MVP's request comes days before pipeline developer Equitrans Midstream is set to release its 2024 first-quarter earnings information on April 30.
MVP is set to traverse much of Virginia and West Virginia, with the Southgate extension running into North Carolina. Outgoing U.S. Sen. Joe Manchin (D-W.Va.) and other pipeline proponents fought to include expedited construction of the project in the debt ceiling deal negotiated between President Joe Biden and congressional Republicans last year.
On Monday, climate and environmental defenders also petitioned the U.S. Court of Appeals for the D.C. Circuit, challenging FERC's approval of the MVP's planned Southgate extension, contending that the project is so different from original plans that the government's previous assent is now irrelevant.
"Federal, state, and local elected officials have spoken out against this unneeded proposal to ship more methane gas into North Carolina," said Sierra Club senior field organizer Caroline Hansley. "The time to build more dirty and dangerous pipelines is over. After MVP Southgate requested a time extension for a project that it no longer plans to construct, it should be sent back to the drawing board for this newly proposed project."
David Sligh, conservation director at Wild Virginia, said: "Approving the Southgate project is irresponsible. This project will pose the same kinds of threats of damage to the environment and the people along its path as we have seen caused by the Mountain Valley Pipeline during the last six years."
"FERC has again failed to protect the public interest, instead favoring a profit-making corporation," Sligh added.
Others renewed warnings about the dangers MVP poses to wildlife.
"The endangered bats, fish, mussels, and plants in this boondoggle's path of destruction deserve to be protected from killing and habitat destruction by a project that never received proper approvals in the first place," Center for Biological Diversity attorney Perrin de Jong said. "Our organization will continue fighting this terrible idea to the bitter end."
Keep ReadingShow Less
'Seismic Win for Workers': FTC Bans Noncompete Clauses
Advocates praised the FTC "for taking a strong stance against this egregious use of corporate power, thereby empowering workers to switch jobs and launch new ventures, and unlocking billions of dollars in worker earnings."
Apr 23, 2024
U.S. workers' rights advocates and groups celebrated on Tuesday after the Federal Trade Commission voted 3-2 along party lines to approve a ban on most noncompete clauses, which Democratic FTC Chair Lina Khansaid "keep wages low, suppress new ideas, and rob the American economy of dynamism."
"The FTC's final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market," Khan added, pointing to the commission's estimates that the policy could mean another $524 for the average worker, over 8,500 new startups, and 17,000 to 29,000 more patents each year.
As Economic Policy Institute (EPI) president Heidi Shierholz explained, "Noncompete agreements are employment provisions that ban workers at one company from working for, or starting, a competing business within a certain period of time after leaving a job."
"These agreements are ubiquitous," she noted, applauding the ban. "EPI research finds that more than 1 out of every 4 private-sector workers—including low-wage workers—are required to enter noncompete agreements as a condition of employment."
The U.S. Chamber of Commerce has suggested it plans to file a lawsuit that, as The American Prospectdetailed, "could more broadly threaten the rulemaking authority the FTC cited when proposing to ban noncompetes."
Already, the tax services and software provider Ryan has filed a legal challenge in federal court in Texas, arguing that the FTC is unconstitutionally structured.
Still, the Democratic commissioners' vote was still heralded as a "seismic win for workers." Echoing Khan's critiques of such noncompetes, Public Citizen executive vice president Lisa Gilbert declared that such clauses "inflict devastating harms on tens of millions of workers across the economy."
"The pervasive use of noncompete clauses limits worker mobility, drives down wages, keeps Americans from pursuing entrepreneurial dreams and creating new businesses, causes more concentrated markets, and keeps workers stuck in unsafe or hostile workplaces," she said. "Noncompete clauses are both an unfair method of competition and aggressively harmful to regular people. The FTC was right to tackle this issue and to finalize this strong rule."
Morgan Harper, director of policy and advocacy at the American Economic Liberties Project, praised the FTC for "listening to the comments of thousands of entrepreneurs and workers of all income levels across industries" and finalizing a rule that "is a clear-cut win."
Demand Progress' Emily Peterson-Cassin similarly commended the commission "for taking a strong stance against this egregious use of corporate power, thereby empowering workers to switch jobs and launch new ventures, and unlocking billions of dollars in worker earnings."
While such agreements are common across various industries, Teófilo Reyes, chief of staff at the Restaurant Opportunities Centers United, said that "many restaurant workers have been stuck at their job, earning as low as $2.13 per hour, because of the noncompete clause that they agreed to have in their contract."
"They didn't know that it would affect their wages and livelihood," Reyes stressed. "Most workers cannot negotiate their way out of a noncompete clause because noncompetes are buried in the fine print of employment contracts. A full third of noncompete clauses are presented after a worker has accepted a job."
Student Borrower Protection Center (SBPC) executive director Mike Pierce pointed out that the FTC on Tuesday "recognized the harmful role debt plays in the workplace, including the growing use of training repayment agreement provisions, or TRAPs, and took action to outlaw TRAPs and all other employer-driven debt that serve the same functions as noncompete agreements."
Sandeep Vaheesan, legal director at Open Markets Institute, highlighted that the addition came after his group, SBPC, and others submitted comments on the "significant gap" in the commission's initial January 2023 proposal, and also welcomed that "the final rule prohibits both conventional noncompete clauses and newfangled versions like TRAPs."
Jonathan Harris, a Loyola Marymount University law professor and SBPC senior fellow, said that "by also banning functional noncompetes, the rule stays one step ahead of employers who use 'stay-or-pay' contracts as workarounds to existing restrictions on traditional noncompetes. The FTC has decided to try to avoid a game of whack-a-mole with employers and their creative attorneys, which worker advocates will applaud."
Among those applauding was Jean Ross, president of National Nurses United, who said that "the new FTC rule will limit the ability of employers to use debt to lock nurses into unsafe jobs and will protect their role as patient advocates."
Angela Huffman, president of Farm Action, also cheered the effort to stop corporations from holding employees "hostage," saying that "this rule is a critical step for protecting our nation's workers and making labor markets fairer and more competitive."
Keep ReadingShow Less
'Discriminatory' North Carolina Law Criminalizing Felon Voting Struck Down
One plaintiffs' attorney said the ruling "makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society."
Apr 23, 2024
Democracy defenders on Tuesday hailed a ruling from a U.S. federal judge striking down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction.
In Monday's decision, U.S. District Judge Loretta C. Biggs—an appointee of former Democratic President Barack Obama—sided with the North Carolina A. Philip Randolph Institute and Action NC, who argued that the 1877 law discriminated against Black people.
"The challenged statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters," Biggs wrote in her 25-page ruling.
Therefore, according to the judge, the 1877 law violates the U.S. Constitution's equal protection clause.
"We are ecstatic that the court found in our favor and struck down this racially discriminatory law that has been arbitrarily enforced over time," Action NC executive director Pat McCoy said in a statement. "We will now be able to help more people become civically engaged without fear of prosecution for innocent mistakes. Democracy truly won today!"
Voting rights tracker Democracy Docket noted that Monday's ruling "does not have any bearing on North Carolina's strict felony disenfranchisement law, which denies the right to vote for those with felony convictions who remain on probation, parole, or a suspended sentence—often leaving individuals without voting rights for many years after release from incarceration."
However, Mitchell Brown, an attorney for one of the plaintiffs, said that "Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to reengage in the political process and perform their civic duty."
"It also makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society, specifically Black voters who were the target of this law," Brown added.
North Carolina officials have not said whether they will appeal Biggs' ruling. The state Department of Justice said it was reviewing the decision.
According to Forward Justice—a nonpartisan law, policy, and strategy center dedicated to advancing racial, social, and economic justice in the U.S. South, "Although Black people constitute 21% of the voting-age population in North Carolina, they represent 42% of the people disenfranchised while on probation, parole, or post-release supervision."
The group notes that in 44 North Carolina counties, "the disenfranchisement rate for Black people is more than three times the rate of the white population."
"Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to re-engage in the political process and perform their civic duty."
In what one civil rights leader called "the largest expansion of voting rights in this state since the 1965 Voting Rights Act," a three-judge state court panel voted 2-1 in 2021 to restore voting rights to approximately 55,000 formerly incarcerated felons. The decision made North Carolina the only Southern state to automatically restore former felons' voting rights.
Republican state legislators appealed that ruling to the North Carolina Court of Appeals, which in 2022 granted their request for a stay—but only temporarily, as the court allowed a previous injunction against any felony disenfranchisement based on fees or fines to stand.
However, last April the North Carolina Supreme Court reversed the three-judge panel decision, stripping voting rights from thousands of North Carolinians previously convicted of felonies. Dissenting Justice Anita Earls opined that "the majority's decision in this case will one day be repudiated on two grounds."
"First, because it seeks to justify the denial of a basic human right to citizens and thereby perpetuates a vestige of slavery, and second, because the majority violates a basic tenant of appellate review by ignoring the facts as found by the trial court and substituting its own," she wrote.
As similar battles play out in other states, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont in December introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
Currently, only Maine, Vermont, and the District of Columbia allow all incarcerated people to vote behind bars.
Keep ReadingShow Less
Most Popular