April, 26 2010, 03:36pm EDT
For Immediate Release
Contact:
Taylor McKinnon, Center for Biological Diversity, (928) 310-6713
Lawsuit to Be Launched to Protect Endangered Species in Arizona and New Mexico National Forests
ALBUQUERQUE, N.M.
Today the Center for Biological Diversity formally notified
the U.S. Forest Service that it will sue the agency for failing to
protect endangered species in Arizona and New Mexico national forests,
where it continues to approve projects that destroy endangered species
habitat without carrying out legally required monitoring of the
species and their habitat. The lawsuit will involve at least nine
threatened and endangered species, including the Mexican spotted owl, southwestern willow flycatcher, New Mexico
ridge-nosed rattlesnake, Chiricahua leopard frog, Apache trout, Chihuahua
chub, loach minnow, spikedace, and ocelot.
"The Forest Service's refusal to honor its
responsibility to monitor and protect endangered species is not only
illegal but potentially devastating to wildlife," said Taylor McKinnon
at the Center for Biological Diversity.
On June 10, 2005, the U.S. Fish and Wildlife Service,
the agency charged with enforcing the Endangered Species Act, issued a
formal "biological
opinion" on the impacts of implementation of forest plans for
Arizona and New Mexico's 11 national forests on threatened and
endangered species. The document requires the Forest Service to monitor
populations and habitats for the species that occur on the forests.
In October 2008 the Forest Service issued a report
admitting that it had not done the monitoring. It also conceded that
it might have exceeded the amount of harm, or "incidental take,"
allowed by the biological opinion. On April 17, 2009, it requested
that the Fish and Wildlife Service redo the opinion.
The Forest Service stated that it "[w]ill likely soon
exceed the amount of take issued for at least one species, the Mexican
spotted owl," and that "it has become apparent that [we are] unable to
fully implement and comply with the monitoring requirements associated
with the Reasonable and Prudent Measures for several species (including
MSO) in the [Biological Opinion]." The Fish and Wildlife Service has
not responded to this letter or reinitiated formal consultation on the
forest plans. Despite that, and despite its admitted failures, the
Forest Service has continued to authorize forest-management activities
that adversely affect the species in question.
"By refusing to monitor endangered species or ensure
against their harm, the Forest Service is violating the Endangered
Species Act and risks doing irreversible harm to species that are
struggling to survive," said McKinnon.
Today's notice of intent to sue also requests that the
Forest Service consult with the Fish and Wildlife Service about new
information affecting endangered species. The new information includes
impacts of climate change, increased threat of invasive species, severe
wildfires, recent sighting of a critically endangered ocelot in
southern Arizona, and new critical habitat designations for the Gila
chub, southwestern willow flycatcher, loach minnow, and spikedace.
Meanwhile, the Forest Service has begun writing new
forest plans for Arizona and New Mexico that roll back protections for threatened, endangered,
and other species. A new draft forest plan released for the Coronado
National Forest in southeastern Arizona eliminates virtually all
forest-wide protective standards for wildlife and their habitat -
including the requirement to maintain viable populations of species in
the forest.
"The big picture for endangered species recovery in
southwestern national forests has become pretty bleak," said McKinnon.
"The Forest Service is adding insult to injury by not only refusing to
monitor threatened and endangered species, as already required under
the law, but also rolling back species protections in new forest plans."
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
Plastics Summit 'Die-In' Highlights Need to Cut Production
"This week governments have a choice: Stand up to this slash-and-burn approach by agreeing to radically reduce plastic output, or let the world be held to ransom by a dying industry."
Apr 23, 2024
As the fourth round of talks for a global plastics treaty kicked off in the Canadian capital on Tuesday, campaigners with the corporate accountability group Ekō staged a die-in at Ottawa's Shaw Centre to demand an ambitious plan to reduce production.
"Plastic pollution has reached the snows of Antarctica, the deepest oceans, even the clouds in the sky—and still fossil fuel corporations are trying to ramp up production," explained Ekō campaign director Vicky Wyatt. "This week governments have a choice: Stand up to this slash-and-burn approach by agreeing to radically reduce plastic output, or let the world be held to ransom by a dying industry. It's very clear to people across the planet which way they need to go."
Demonstrators—some wearing fish masks to highlight how plastic pollution impacts marine biodiversity—gathered in front of a 28-foot banner that used plastic trash bags to spell out: "Plastic is poisoning us. Cut production now."
(Photo: Ben Powless/Survival Media Agency)
Participants in the die-in—which followed the weekend's "March to End the Plastic Era" through the Canadian city—held smaller signs with similar messages, demanding that governments and industry "stop fueling climate chaos."
As Common Dreamsreported last week, new research from the Lawrence Berkeley National Laboratory in California shows that planet-heating pollution from the plastics industry is equivalent to that of about 600 coal-fired power plants, and 75% of the greenhouse gas emissions from plastic production are released before the plastic compounds are even created.
The protesters also highlighted that more than 180,000 Ekō members have signed a petition urging action on plastic pollution. The petition specifically calls for banning all plastic waste exports from the European Union and fully implementing the Basel Convention within the bloc, while the summit has a global focus and the plan is to have a treaty by the end of this year.
After countries agreed to draft a treaty two years ago, the latest talks in Kenya last year were flooded by fossil fuel and chemical lobbyists and ended with little progress, increasing attention on the Canadian meeting that began Tuesday and is scheduled to run through Monday.
"It's a crucial moment of this process," Andrés Gómez Carrión, chair of the negotiations and an Ecuadorian diplomat in the United Kingdom, toldReuters on Monday. "One of the biggest challenges is to define where the plastics lifecycle starts and define what sustainable production and consumption is."
Petrochemical-producing countries including China, Iran, and Saudi Arabia "have opposed mentioning production limits" while E.U. members, island nations, and Japan aim to "end plastic pollution by 2040," the news agency reported. The United States supports that timeline but "wants countries to set their own plans for doing so" and submit pledges to the United Nations.
"We are facing a global plastics crisis that requires urgent, global action. Reducing plastic production needs to be a core component of the solution," Christy Leavitt, campaign director at Oceana in the United States, said in a statement. "Countries must act now to stop the flood of plastic pollution that is harming our oceans, climate, health, and communities by starting at the source to reduce its production."
"The U.S. should support a strong, legally binding plastics treaty that addresses the full life cycle of this persistent pollutant from extraction and production to use and disposal," Leavitt added. "Now is the time for the United States to show its support to reduce plastic production, eliminate unnecessary single-use plastics, prohibit hazardous chemicals in plastics, and establish mandatory targets for reuse and refill systems. The United States and the world must act before it's too late."
Greenpeace last month installed a 15-foot monument outside the U.S. Capitol to send President Joe Biden a message.
"He can be the president who put an end to the plastic pollution crisis, or he can be the one who let it spiral out of control," Greenpeace oceans director John Hocevar said of Biden. "We're calling on him to stand up to plastic polluters like Exxon and Dow and put us on a greener and healthier path."
The petrochemical industry, Reuters noted, "argues that production caps would lead to higher prices for consumers, and that the treaty should address plastics only after they are made."
Sam Cossar-Gilbert of Friends of the Earth International emphasized the need to resist corporate pressure in a statement Tuesday.
"A people-powered movement and some governments are proposing ambitious steps to address the plastic problem, like regulating the harmful waste trade, single-use bans, and reducing global plastic production," said Cossar-Gilbert. "But multinational corporations will also be lobbying with their false solutions, distractions, and delays. Only by stamping out corporate capture can we deliver a new global treaty to end plastic pollution."
Mageswari Sangaralingam from the green group's Malaysian arm, Sahabat Alam Malaysia, stressed the need for strong waste management policies, given that Global South countries have become dumping grounds for richer nations' discarded plastic.
"Waste colonialism, whether in the form of trade in plastic waste and other hidden plastics, perpetuates social and environmental injustice," said Sangaralingam. "However, ending the plastic waste trade without reducing plastic production will likely trigger more dumping, cause toxic pollution, and contribute to the climate crisis. The global plastics treaty is an opportunity to plug loopholes and address policy gaps to end plastic pollution."
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Apr 23, 2024
One of South Korea's two highest courts on Tuesday began hearing Asia's first-ever youth-led climate lawsuit, which accuses the country's government of failing to protect citizens from the effects of the worsening, human-caused planetary emergency.
Nineteen members of the advocacy group Youth4ClimateAction filed a constitutional complaint in March 2020 accusing the South Korean government of violating their rights to life, the "pursuit of happiness," a "healthy and pleasant environment," and to "resist against human extinction."
The lawsuit also notes "the inequality between the adult generation who can enjoy the relatively pleasant environment and the youth generation who must face a potential disaster from climate change," as well as the government's obligation to prevent and protect citizens from environmental disasters.
"South Korea's current climate plans are not sufficient to keep the temperature increase within 1.5°C, thus violating the state's obligation to protect fundamental rights," the plaintiffs said in a statement.
South Korea's Constitutional Court began hearing a case that accuses the government of having failed to protect 200 people, including dozens of young environmental activists and children, by not tackling climate change https://t.co/XRIGE23KGM pic.twitter.com/snvqBaGGe9
— Reuters (@Reuters) April 23, 2024
Signatories to the 2015 Paris agreement committed to "holding the increase in global average temperature to well below 2°C above preindustrial levels and pursuing efforts to limit the temperature increase to 1.5°C."
According to the United Nations Environment Program's (UNEP) most recent Emissions Gap Report, the world must slash greenhouse gas emissions by 28% before 2030 to limit warming to 2°C above preindustrial levels and 42% to halt warming at 1.5°C. UNEP said that based on current policies and practices, the world is on track for 2.9°C of warming by the end of the century.
A summary of the lawsuit notes that South Korea is the fifth-largest greenhouse gas (GHG) emitter among Organization for Economic Cooperation and Development nations, and that the government is constitutionally obligated to protect Koreans from the climate emergency.
Instead, the plaintiffs argue, the Korean Parliament "gave the government total discretion to set the GHG reduction target without providing any specific guidelines." Furthermore, they contend that the government's downgraded reduction targets fall "far short of what is necessary to satisfy the temperature rise threshold acknowledged by the global community."
Lee Donghyun, the mother of one of the plaintiffs, toldReuters: "Carbon emission reduction keeps getting pushed back as if it is homework that can be done later. But that burden will be what our children have to bear eventually."
The South Korean case comes on the heels of a landmark ruling by the European Court of Human Rights (ECHR), which found that Switzerland's government violated senior citizens' human rights by refusing to heed scientists' warnings to swiftly phase out fossil fuel production.
The ECHR ruled on the same day that climate cases brought by a former French mayor and a group of Portuguese youth were inadmissible.
Courts in Australia, Brazil, and Peru also have human rights-based climate cases on their dockets.
In the United States, a state judge in Montana ruled last year in favor of 16 young residents who argued that fossil fuel extraction violated their constitutional right to "a clean and healthful environment."
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"Hospitals are entitled to very special protection under international humanitarian law," said Volker Türk, the United Nations high commissioner for human rights.
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The United Nations' human rights chief on Tuesday called for an international investigation into mass graves discovered at two Gaza hospitals that Israeli forces recently assailed and destroyed, further imperiling the enclave's barely functioning healthcare system.
Volker Türk, the U.N. high commissioner for human rights, said in a statement that he was "horrified" by the discovery of mass graves at the Nasser and al-Shifa medical complexes, which the Israel Defense Forces (IDF) reduced to ruins.
More than 300 bodies were reportedly discovered in the mass grave near the Nasser facility in Khan Younis, Gaza, and eyewitnesses said Israeli soldiers executed civilians during their two-week-long raid of al-Shifa last month.
Türk demanded an "independent, effective, and transparent" probe into the killings and mass graves, adding that "given the prevailing climate of impunity, this should include international investigators."
"Hospitals are entitled to very special protection under international humanitarian law," he added. "And the intentional killing of civilians, detainees, and others who are hors de combat is a war crime."
"Every 10 minutes a child is killed or wounded. They are protected under the laws of war, and yet they are ones who are disproportionately paying the ultimate price."
The IDF's destructive attacks on Nasser and al-Shifa were part of a broader Israeli assault on Gaza's healthcare system. An analysis released Monday by Save the Children found that the rate of monthly Israeli attacks on healthcare in Gaza since October has exceeded that of any other conflict around the world since 2018.
The group estimated that Israel has launched an average of 73 attacks per month on healthcare in Gaza—and at least 435 attacks total since October.
"After six months of unimaginable horror, the healthcare system in Gaza has been brought to its knees," said Xavier Joubert, Save the Children's country director in the occupied Palestinian territory. "Healthcare workers are risking their lives daily to give Palestinian children a chance at survival. The constant attacks on healthcare are simply unjustifiable and must stop. Palestinian children must have unimpeded access to services, including healthcare and education."
Türk also used his statement Tuesday to condemn Israeli forces' killing of women and children in airstrikes on the southern Gaza city of Rafah in recent days. The human rights official noted that Gaza doctors rescued a baby from the womb of her mother as the latter succumbed to head injuries from an Israeli strike.
"The latest images of a premature child taken from the womb of her dying mother, of the adjacent two houses where 15 children and five women were killed—this is beyond warfare," said Türk. "Every 10 minutes a child is killed or wounded. They are protected under the laws of war, and yet they are ones who are disproportionately paying the ultimate price in this war."
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