July, 06 2011, 02:32pm EDT
For Immediate Release
Contact:
Todd Steiner or Teri Shore, Turtle Island Restoration Network, 415-663-8590, ext. 103 or 104
www.seaturtles.org
Miyoko Sakashita, Center for Biological Diversity, 415-632-5308
Andrea Treece, Earthjustice, (510) 550- 6789
Emma Cheuse, Earthjustice, (202) 667-4500 ext. 220
David Godfrey, Sea Turtle Conservancy, 352-373-6441
Sierra Weaver, Defenders of Wildlife, 202-772-3274
Cynthia Sarthou, Gulf Restoration Network, 504-526-1528 ext. 202
Court Rules That Sea Turtles Need Stronger Protections After BP Oil Spill
Judge Orders Actions to Prevent Loggerhead Capture in Gulf Longline Fishery
SAN FRANCISCO
Conservation groups scored a victory in court Tuesday to gain new protections for imperiled sea turtles from death and injury in the Gulf of Mexico bottom longline fishery for grouper, tilefish, and sharks. The U.S. District Court for the Northern District of Florida ruled that the National Marine Fisheries Service (NMFS) violated the law when it failed to adequately protect loggerhead sea turtles from capture and death in the fishery and refused to take a fresh look at the fishery's impact on sea turtles after last year's massive Gulf oil spill. Download the opinion here.
"Sea turtles and oil don't mix,"said Todd Steiner, biologist and executive director of Turtle Island Restoration Network, based in Marin County, California. "If we want sea turtles to survive and recover from the BP spill, we need to stop allowing hundreds to die a cruel inhumane death at the end of baited longline fishing gear."
Thousands of loggerhead hatchlings were displaced and likely perished during the BP Oil spill, while hundreds of adult turtles continued to drown on fishing hooks - a double whammy for the population that nests along the East Coast and in the Gulf of Mexico. The species has declined by 80 percent over the past decade and is now pending for listing as endangered under the Endangered Species Act.
"The loggerhead was already in trouble when the BP oil spill hit," said Teri Shore, Program Director at Turtle Island Restoration Network. "A whole generation of hatchlings may have been lost due to the spill while so many nesters have died in fisheries that they are sliding toward extinction. Now the loggerheads might have a chance to recover from this double hit."
In the case decided yesterday, Turtle Island Restoration Network along with Gulf and national conservation groups had challenged the agency's decision to reopen the Gulf bottom longline fishery in 2010 despite finding that it would kill hundreds of loggerheads per year in a turtle population that has experienced a severe nesting decline over the past decade. The fishery was closed down in 2009 for six months after it captured more than 8 times the number of sea turtles authorized by NMFS, but later re-opened without adequate protections for the declining loggerheads.
The court's ruling yesterday highlighted that the NMFS admitted that the oil spill was an "unprecedented" event that has "resulted in adverse effects on [ESA] listed sea turtles," and that "oil spills of the magnitude of the Deepwater Horizon MC252 spill were not considered" in the 2009 biological opinion. Therefore, the court determined, the agency's "failure to reinitiate consultation violated Defendants' continuing duty to assess jeopardy under the implementing regulations of the ESA." (P. 22.) The court also found that NMFS had failed to take a "hard look" at the option of continuing its prior ESA rule, which protected loggerhead sea turtles in a significant part of their Gulf residence area, before deciding what new action to take to regulate the fishery. (P. 25).
The groups also challenged the agency's failure to engage in the required scientific consultation after the oil spill which is needed to determine whether NMFS should require additional protection. These actions by NMFS allowed the injuring or killing of over seven hundred loggerheads through 2011 and another six hundred thereafter every three years - which is more than seven times as many as the bottom longline fishery vessels were allowed to capture or kill under the previous rules.
The coalition of conservation groups included Earthjustice, the Sea Turtle Conservancy, the Center for Biological Diversity, Defenders of Wildlife, Gulf Restoration Network and Turtle Island Restoration Network. They had previously filed suit against NMFS to protect the threatened loggerhead turtle from longline fishing, a dangerous fishing practice that catches large numbers of non-target animals that cannot escape the bottom longline hooks.
"The court confirmed that NMFS's decision not to take a fresh look at the fishery's impacts on a sea turtle population whose home has since been ravaged by the largest oil spill in U.S. history violates the law and threatens to push this already declining species closer to the brink," said Andrea Treece, staff attorney with Earthjustice. "This fishery affects one of the world's most important loggerhead nesting populations and some of the most critical feeding areas for these turtles. If this iconic species is ever to recover, NMFS must offer them real protection - not trap their feeding grounds with hooks and tangling lines."
"Problems with loggerhead turtle bycatch plagued the Florida bottom longline fleet even before the 2010 Gulf drilling disaster made life harder for this threatened species," said Cynthia Sarthou, Executive Director of the Gulf Restoration Network. "In the wake of this disaster more must be done to protect and restore our marine wildlife."
"This is a big win for sea turtles," says Sierra Weaver, staff attorney for Defenders of Wildlife. "It takes little more than common sense to know that the government has to reconsider the impact of the fisheries on struggling sea turtle populations in the Gulf in light of the current conditions caused by the enormous Deepwater Horizon blowout."
"It's time for the government to step up to the plate when it comes to protecting loggerhead sea turtles and their habitat in the Gulf of Mexico," said Miyoko Sakashita, attorney with the Center for Biological Diversity. "At a time when they're already threatened by pollution and climate change, we need to protect as many turtles as possible from avoidable death and injury in fishing gear."
"Sea turtles in the Gulf of Mexico, especially loggerhead turtles, face a gauntlet of threats that are rapidly reversing decades of progress in recovering these species," said David Godfrey, executive director of the Florida-based Sea Turtle Conservancy. "This court ruling is an important victory because it orders NMFS to examine the cumulative impacts of the oil spill, habitat loss and other sea turtle threats before permitting this highly destructive Gulf longline fishery to continue killing so many turtles each and every year."
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Grand Jury Indicts Top Trump Aides, 11 Arizona Republicans Over 'Fake Electors' Scheme
Had it succeeded, said the state's attorney general, the scheme would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
Apr 25, 2024
A grand jury in Arizona on Wednesday charged seven aides to Donald Trump and nearly a dozen Republican officials over a "fake electors" scheme in the state that aimed to keep the former president in power after his 2020 loss to President Joe Biden.
Trump, who is currently facing nearly 90 charges across four criminal cases as he runs for another White House term, was described as "unindicted co-conspirator 1" in the 58-page indictment, which was announced by Arizona Attorney General Kris Mayes.
"The people of Arizona elected President Biden," Mayes, a Democrat, said Wednesday. "Unwilling to accept this fact, the defendants charged by the state grand jury allegedly schemed to prevent the lawful transfer of the presidency. Whatever their reasoning was, the plot to violate the law must be answered for."
The indictment names former Arizona Republican Party Chair Kelli Ward, sitting state Republican Sens. Jake Hoffman and Anthony Kern, former U.S. Senate candidate Jim Lamon, and seven others as the "fake electors" who sought to declare Trump the rightful winner of the state's presidential contest.
The names of other individuals indicted by the state grand jury are redacted, but the document's descriptions make clear that former White House Chief of Staff Mark Meadows, former Trump attorney Rudy Giuliani, and top Trump legal strategist Boris Epshteyn are among those facing felony charges—including fraud, forgery, and conspiracy.
"In Arizona, defendants, unindicted coconspirators, and others pressured the three groups of election officials responsible for certifying election results to encourage them to change the election results," the document reads. "Discussions about using the Republican electors to change the outcome of the election began as early as November 4, 2020. Those plans evolved during
November based on memos drafted by [an attorney for the Trump campaign, Kenneth Chesebro]."
Mayes said Wednesday that had the fake elector scheme succeeded, it would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
"It effectively would have made their right to vote meaningless," said Mayes.
A state grand jury, made up of everyday, regular Arizonans, has handed down felony indictments in the ongoing investigation into the fake elector scheme in Arizona. pic.twitter.com/Nu8GcD4ZqJ
— AZ Attorney General Kris Mayes (@AZAGMayes) April 24, 2024
Alex Gulotta, state director of All Voting Is Local Action Arizona, said Wednesday that "the indictment of the eleven fake electors is one of the first steps required in holding these election deniers accountable for their alleged attempts to take power away from voters by disrupting our free and fair elections."
"Arizonans deserve to trust the election officials responsible for administering our elections and preserving our democracy," said Gulotta, "and this is a positive step forward as we continue to strengthen the foundations of our democracy and restore faith in our elections."
The Arizona Republicreported Wednesday that "several of the Arizona electors have previously claimed they were merely offering Congress a backup plan, though nothing in the documents they sent to Congress and the National Archives backs up that assertion."
"The indictment includes several statements the false electors made on social media that contradict those claims," the newspaper observed.
Jenny Guzman, director of Common Cause's Arizona program, said the indictment "marks the start of a new chapter for the fake elector scheme that has plagued Arizona."
"Arizonans are still dealing with the fallout from the false electors and the Big Lie about the 2020 elections," said Guzman. "We are relieved that the investigation by Attorney General Mayes has concluded and Arizonans can now know that what comes next is accountability. These efforts by these fake electors to undermine the will of Arizona’s voters have had implications far beyond their failed attempt to overthrow the 2020 election."
"This indictment can reassure all Arizonans that if anyone, regardless of their political affiliation, attempts to undermine their vote, consequences will follow," Guzman added.
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Watchdog Urges FEC to Investigate Trump Campaign Over Scheme for Legal Fees
"By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much."
Apr 24, 2024
A campaign finance watchdog on Wednesday filed a Federal Election Commission complaint accusing former President Donald Trump's 2024 campaign, affiliated political groups, and an accounting firm of violating U.S. law in a scheme "seemingly designed to obscure the true recipients of a noteworthy portion of Trump's legal bills."
The Washington, D.C.-based Campaign Legal Center (CLC) said that "evidence appears to show an illegal arrangement between several Trump-affiliated committees and a compliance firm named Red Curve Solutions that is designed to obscure the identities of those providing legal services and how much they are being paid."
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money."
CLC alleges that the Trump campaign, Trump's political action committee (PAC) Save America, and three affiliated organizations "violated federal reporting requirements based on a scheme in which the committees reportedly paid over $7.2 million—described as 'reimbursement for legal' costs or expenses"—to Red Curve.
The watchdog also said that Red Curve appears to be "making or facilitating illegal contributions that violate either federal contribution limits or the prohibition on corporate contributions."
According to CLC:
Red Curve is a domestic limited liability company that offers compliance and FEC reporting services but does not appear to offer any legal services. It is managed by Bradley Crate, who also serves as the treasurer for each of the five Trump-affiliated committees concerned in this complaint, as well as over 200 other federal committees.
According to filings with the FEC, Red Curve appears to have been fronting legal costs for Trump since at least December 2022, with Trump-affiliated committees repaying the company later. This arrangement appears to violate FEC rules that require campaigns to disclose not only the entity being reimbursed (here, Red Curve) but also the underlying vendor. By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much they are being paid—through this arrangement.
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money," CLC senior director of campaign finance Erin Chlopak said in a statement. "When campaigns and committees obscure that information from the public, not only do they make it difficult to determine if the law has been violated, but they deny voters the ability to make an informed choice when casting a ballot."
"The steps taken by the Trump campaign, its affiliated committees, and Red Curve Solutions concealed information about how campaign funds were used to pay former President Trump's legal expenditures, including the amounts and ultimate recipients of these expenditures—and the FEC must investigate immediately," Chlopak added.
Trump—who is the presumptive 2024 GOP presidential nominee—faces 91 federal and state felony charges related to his role in the January 6 insurrection and his organization's business practices. He is currently on trial in New York for allegedly falsifying business records related to hush money payments to cover up sex scandals during the 2016 election cycle. The twice-impeached former president has been open about his use of campaign donations to pay his legal costs.
The new CLC filing comes a day after the watchdog filed separate FEC complaints urging investigations into a pair of Trump-affiliated "scam PACs," which "pretend to fundraise for major candidates or issues while secretly diverting almost all of their donors' money back into fundraising or the fraudsters' own pockets."
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'One Step Closer': Arizona House Votes to Repeal 1864 Abortion Ban
"With a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever," one state campaigner said of a November ballot measure.
Apr 24, 2024
Three Republicans in the Arizona House of Representatives on Wednesday joined with Democrats to advance legislation that would repeal an 1864 ban on abortion—a development rights advocates welcomed while stressing that the fight is far from over.
The 32-28 vote on House Bill 2677—with GOP Reps. Tim Dunn (25), Matt Gress (4), and Justin Wilmeth (2) voting in favor—was the third attempt in as many weeks to pass repeal legislation since the Arizona Supreme Court upheld the ban.
"The state Senate could vote on the repeal as early as next Wednesday, after the bill comes on the floor for a 'third reading,' as is required under chamber rules," according toNBC News. Democratic Gov. Katie Hobbs on Wednesday toldThe Washington Post that "I am hopeful the Senate does the right thing and sends it to my desk so I can sign it."
Applauding the House passage of H.B. 2677, Planned Parenthood Advocates of Arizona president and CEO Angela Florez said that "today, Arizona is one step closer to repealing the state's Civil War-era total abortion ban. While the repeal still must pass the Senate, this is a major win for reproductive freedom."
"We must celebrate today's vote in support of abortion rights and harness our enthusiasm to spread the word and urge lawmakers in the Senate to support this necessary repeal bill," she continued. "Despite this step forward, Arizonans cannot stop fighting."
Florez noted that "even with the repeal of the Civil War-era ban, the state will still have a ban on abortion after 15 weeks of pregnancy that denies people access to critical care. And lawmakers continue to attack Arizonans' ability to access reproductive healthcare. Our right to control our bodies and lives is hanging on by a thread."
"Thankfully, voters will have the opportunity to take back control if the Arizona Abortion Access Act is on the ballot this November," she added. "Abortion bans are out-of-step with the will of Arizonans and will force pregnant people to leave their communities for essential healthcare. Planned Parenthood Advocates of Arizona will continue fighting to ensure everyone has the right to make decisions about their health and futures."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prevent many limits on abortions before fetal viability and safeguard access to care after viability to protect the life or physical or mental health of the patient.
The coalition supporting the amendment, Arizona for Abortion Access, highlighted on social media that the House-approved bill "did not include the emergency clause required to stop the 1864 ban from taking effect on June 8," meaning H.B. 2677 wouldn't apply until 90 days after the end of the legislative session.
Coalition campaign manager Cheryl Bruce said that "with a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever. We remain committed to taking these decisions out of the hands of extremist politicians."
Arizona is one of multiple states where rights advocates are promoting abortion rights ballot measures this cycle. Reproductive freedom is also dominating political races at all levels, including the presidential contest. Democratic President Joe Biden is set to face former Republican President Donald Trump in November.
"Donald Trump is responsible for Arizona's abortion ban. Women in the state are still living under a ban with no exceptions for rape or incest and have been stripped of the freedom to make their own healthcare decisions," said Julie Chávez Rodriguez, Biden and Vice President Kamala Harris' reelection campaign manager.
While the presumptive GOP nominee has tried to distance himself from the Arizona Supreme Court's reinstatement of a 160-year-old abortion ban, he has also campaigned on his three appointees to the U.S. Supreme Court who helped reverse Roe v. Wade.
"Trump brags that he is 'proudly' the person responsible for these bans and if he retakes power, the chaos and cruelty he has created will only get worse in all 50 states," Chávez Rodriguez said. "President Biden and Vice President Harris are the only candidates who will stop him."
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