August, 06 2013, 04:45pm EDT
For Immediate Release
Contact:
Hannah Chang, Earthjustice, (212) 845-7382
Jack Stewart, Buffalo River Watershed Alliance, (870) 715-0260
Emily Jones, National Parks Conservation Association, (865) 329-2424, ext. 26, cell (865) 335-4666
Robert Cross, The Ozark Society, (479) 466-3077
Debbie Doss, Arkansas Canoe Club, (501) 472-6873
Groups Go To Court to Protect Buffalo National River from Factory Hog Farm Waste
Lawsuit challenges federal loan guarantees for industrial swine facility in the Buffalo National River watershed
LITTLE ROCK, Ark.
A coalition of conservation and citizen groups filed suit today challenging the U.S. Department of Agriculture Farm Service Agency (FSA) and the U.S. Small Business Administration (SBA) for their inadequate review and improper authorization of loan guarantee assistance to C&H Hog Farms, a 6,500-pig factory farm located on a major tributary of the Buffalo National River, a national park site and the country's first national river. The groups set forth their concerns in a letter to the federal agencies dated June 6, 2013, and are bringing suit only after the agencies have made clear that they are not remedying their violations of the law. The suit was filed in United States District Court for the Eastern District of Arkansas, Western Division.
"FSA and SBA failed to provide the public notice and undertake the environmental review and consultations required by law, so we're asking the court to set aside the loan guarantees and instruct the agencies to comply," said Emily Jones of the National Parks Conservation Association. "We have asked FSA and SBA to do the right thing without litigation, but they have not, and today we find ourselves in court to protect the Buffalo River, a national treasure of immeasurable worth."
The Buffalo River travels through the heart of the Ozark Mountains in northwestern Arkansas, and runs beneath magnificent cliffs which at times extend nearly 700 feet above the river's clear, quiet pools and rushing rapids. One hundred thirty-five miles of the Buffalo comprise the national river, which attracts more than one million visitors each year who float the crystal waters, camp on the gravel bars, and hike the trails--generating $38 million toward the local economy.
"The Buffalo is an astonishingly beautiful natural resource, Arkansas' crown jewel," said Jack Stewart of the Buffalo River Watershed Alliance. "Siting an industrial hog facility so close to the river threatens to desecrate this national treasure, known to so many for its peaceful meanderings and the scent of wild azaleas in bloom."
The C&H facility is located on the banks of Big Creek, a tributary of the Buffalo River, in Mount Judea, Arkansas. Under a contract with Cargill, Inc., an international agricultural and food conglomerate, C&H will confine 6,500 pigs at a time making the operation the first of its size and scale in the Buffalo River watershed. The pigs will produce more than two million gallons of manure, wastewater and litter each year, which will be collected in open-air storage ponds on site and spread onto approximately 630 acres of land surrounding the farm and adjacent to the banks of Big Creek. These manure application fields are less than six miles upstream from Big Creek's confluence with the Buffalo National River, and several are located directly adjacent to Mount Judea School.
"Local residents will suffer the most from this absurdly located factory farm," said Debbie Doss of the Arkansas Canoe Club. "Residents of Mount Judea will be exposed, downwind, to the smell and adverse health effects of methane and hydrogen sulfide. A swine facility this large will put children at the Mount Judea School at high risk of health impacts including asthma and other respiratory conditions."
The C&H facility received more than $3.4 million in loan guarantee assistance from the federal government. FSA approved a loan guarantee for 90 percent of a $1,302,000 loan to C&H. SBA approved a loan guarantee for a $2,318,136 loan.
In providing this federal assistance, SBA undertook no environmental review whatsoever, while FSA prepared a deeply flawed and insufficient environmental assessment that fails to comply with the requirements of the National Environmental Policy Act (NEPA). Among multiple errors and omissions, FSA's environmental assessment incorrectly defines the acreage of the C&H facility, does not take into account nearby sensitive areas such as the Mount Judea School, and ignores the consequences of manure draining through the porous karst geology of the Buffalo River region.
"In the 60's and 70's the Ozark Society worked with Congress to have the Buffalo protected for posterity as the nation's first national river," said Robert Cross of the Ozark Society. "We have countered threats to the river before, but now face the biggest threat to date. Despite the assurances of C&H that they have the highest level of technology to prevent accidents, the siting of this facility in karst terrain and directly adjacent to a tributary of the Buffalo River will not require an accident to cause tremendous damage to the river and the surrounding environment. SBA and FSA should have, but did not, consider these factors in its review of the proposed project."
In addition, the notice of FSA's environmental assessment was never published in a local newspaper in Mount Judea. FSA also failed to inform the National Park Service Superintendent of the Buffalo National River of the environmental review as required, and the superintendent did not find out about the environmental assessment and guarantee assistance until well after it had been approved for the C&H operation. In a letter to FSA, the Park Service identified 45 problems with FSA's environmental assessment and stated that it was "so woefully inadequate that it should immediately be rescinded."
"The rubber-stamping of the requested loan guarantees, the inadequate review of the environmental consequences, and the failure to notify the local community and to consult with sister agencies as required, makes a mockery of the law and puts a national treasure in harm's way," said Hannah Chang, attorney with the public interest law firm Earthjustice. "It should never have come to this point, and we are in court to make sure it is put right and doesn't happen again."
Earthjustice, Earthrise Law Center, and local attorney Hank Bates are representing the Arkansas Canoe Club, Buffalo River Watershed Alliance, National Parks Conservation Association, and The Ozark Society in filing this complaint against the USDA and SBA.
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
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'Unhinged' Israeli Ambassador Literally Shreds UN Charter Ahead of Palestine Vote
"Shame on you," said Israeli Ambassador Gilad Erdan shortly before the U.N. General Assembly passed a resolution supporting full membership for Palestine.
May 10, 2024
Shortly before the United Nations General Assembly approved a resolution Friday supporting full U.N. membership for Palestine, Israel's ambassador took to the podium and put a prop copy of the U.N.'s founding document through a handheld paper shredder.
In a speech that one journalist described as "unhinged," Israeli Ambassador to the U.N. Gilad Erdan described Palestinians as "modern-day Nazis" and condemned the U.N. General Assembly for choosing to "reward" them with "rights and privileges."
"You are shredding the U.N. Charter with your own hands," Erdan said as he fed a small copy of the document through a miniature paper shredder. "Shame on you."
Watch:
Watch: Israeli ambassador to the UN @giladerdan1 used a paper shredder to shred the UN charter on the podium of the UN general assembly ahead of a vote that will give new privileges to the Palestinians at the UN pic.twitter.com/mWQ85c8uwK
— Barak Ravid (@BarakRavid) May 10, 2024
Erdan's bizarre performance came just before the U.N. General Assembly voted overwhelmingly in favor of a resolution urging the Security Council to reconsider Palestine's request to become a full U.N. member following a U.S. veto last month. Palestine is currently a nonmember observer state of the U.N.
The General Assembly voted by a margin of 143 to 9—with 25 abstentions—in support of the resolution. The nine countries that voted no were the United States, Israel, Argentina, Czechia, Hungary, Micronesia, Nauru, Palau, and Papua New Guinea.
In addition to backing its bid for full U.N. membership, the resolution gives Palestine "the right to introduce and co-sponsor proposals as well as amendments within the assembly," The Guardianreported.
Riyad Mansour, Palestine's permanent observer at the U.N., said ahead of Friday's vote that support for the resolution "is a vote for Palestinian existence."
"I stand before you as lives continue falling apart in the Gaza Strip," said Mansour, noting that "more than 35,000 Palestinians have been killed, 80,000 have been maimed, 2 million have been displaced, and everything has been destroyed" by Israeli forces over the past seven months.
"No words can capture what such loss and trauma signifies for Palestinians," Mansour added.
"The U.S. and Israel are isolated and the world is on the side of Palestine."
Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, called the U.N. General Assembly's passage of the resolution "an unprecedented move that shows once again how unbelievably isolated [U.S. President Joe] Biden has made the U.S."
In anticipation of Friday's vote, a group of Republican U.S. senators led by Sen. Mitt Romney (R-Utah) introduced legislation that would halt U.S. funding for any entity—including the U.N.—that gives Palestine "any status, rights, or privileges beyond observer status."
Current law requires the U.S. to "cut off funding to U.N. agencies that give full membership to a Palestinian state—which could mean a cutoff in dues and voluntary contributions to the U.N. from its largest contributor," The Associated Pressreported Friday.
Craig Mokhiber, a former U.N. official who resigned in October over the body's failure to act in the face of Israel's genocidal assault on Gaza, wrote that Friday's vote further shows that "the U.S. and Israel are isolated and the world is on the side of Palestine."
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'Sad What We Are Doing': Global CO2 Increase Sets New All-Time Record
"I'd make this the lead story in every paper and newscast on the planet," said Bill McKibben. "If we don't understand the depth of the climate crisis, we will not act in time."
May 10, 2024
The average monthly concentration of carbon dioxide in the atmosphere jumped by a record 4.7 parts per million between March 2023 and March 2024, according to new data from NOAA's Mauna Loa Observatory in Hawaii.
The spike, reported by the University of California, San Diego's Scripps Institution of Oceanography on Wednesday, reveals "the increasing pace of CO2 addition to the atmosphere by human activities," the university said.
"I'd make this the lead story in every paper and newscast on the planet," author and long-time climate activist Bill McKibbenwrote on social media in response to the news. "If we don't understand the depth of the climate crisis, we will not act in time."
"Human activity has caused CO2 to rocket upwards. It makes me sad more than anything. It's sad what we are doing."
Scientists have been tracking rising CO2 concentrations from Mauna Loa since 1958, and their upward trajectory has come to be known as the "Keeling Curve," named for Charles Keeling, who began the measurements. The curve has become an important symbol of the climate crisis—making visible how the burning of fossil fuels and the clearing of vegetation has released more and more CO2 into the atmosphere, where it traps heat from escaping into space and raises global temperatures.
For most of human history, concentrations have hovered around 280ppm, and the curve's first measurement put them at 313. Sixty-five years later, C02 concentrations averaged 419.3 ppm in 2023, a level not seen since 4.3 million years ago when sea levels were around 75 feet higher and parts of today's Arctic tundra were forests. As of Wednesday, the Keeling Curve reported a daily concentration of 426.72 ppm.
The record jump from March 2023 to March 2024 surpasses the last record jump of 4.1 ppm from June 2015 to June 2016.
"We sadly continue to break records in the CO2 rise rate," Ralph Keeling, Charles' son who now directs the Scripps CO2 Program, said. "The ultimate reason is continued global growth in the consumption of fossil fuels."
The record leaps from both 2015-2016 and 2023-2024 were also influenced by active El Niño events. The El Niño phenomenon increases atmospheric carbon dioxide because it leads to warmer, drier temperatures in the tropics, which decrease vegetation and encourage fires. Atmospheric CO2 levels tend to rise especially quickly toward the end of an El Niño cycle, and last March's CO2 levels were unusually low, leading to a larger gap in the 12-month period.
This year's rate of increase during the current El Niño is significantly larger than the one that took place in 2016. As Scripps explained:
The increase from February 2023 to February of this year was 4.0 ppm, compared to 3.7 for the 2016 El Niño. The increase from January 2023 to January of this year was 3.4 ppm, compared to 2.6 for the 2016 El Niño.
The growth rate from April 2023 to April 2024 dropped to 3.6 ppm, but taking into account the first four months of 2024, the growth rate is well above that for 2016. If this El Niño follows the pattern of the last El Niño, the world might experience a very high growth rate for several more months, Keeling said.
However, any regular climate variations such as El Niño events occur over the longer-term rise in both fossil fuel emissions and greenhouse gas levels.
"The rate of rise will almost certainly come down, but it is still rising and in order to stabilize the climate, you need CO2 level to be falling," Keeling toldThe Guardian. "Clearly, that isn't happening. Human activity has caused CO2 to rocket upwards. It makes me sad more than anything. It's sad what we are doing."
Jeff Goodell, author of The Heat Will Kill You First, wrote in response, "We're riding the Venus Express."
The record jump in CO2 concentrations comes as 2023 was the hottest year both on record and in around 100,000 years. Of the 12 months covered by the March 2023 to March 2024 period, 10 of them (June through March) were the hottest of that month on record.
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Analysis Finds Nearly 100% of Campus Gaza Protests Have Been Peaceful
"If someone is speaking more about 'violent encampments' than they are about violent genocide of the Palestinians, they have a problem reflective of deep and dangerous biases," said one supporter.
May 10, 2024
Just over a week after U.S. President Joe Biden defended police crackdowns on dozens of anti-war protests on college campuses by declaring that students don't have "the right to cause chaos," a new analysis on Friday showed that nearly all the campus demonstrations have not been violent at all—and many that have descended into violence did so due to police interventions or aggressive counter-protests.
The Armed Conflict Location and Event Data Project (ACLED) examined 553 campus protests that took place across the U.S. between April 18-May 3 and found that fewer than 20 resulted in serious violence or property damage—meaning that 97% of the protests remained non-violent.
The group categorizes demonstrations as violent only when "physical violence that rises above pushing or shoving" takes place or when property damage includes protesters "breaking a window or worse."
ACLED's latest analysis comes after a previous study released May 2, which found 99% of campus protests in the first days of the burgeoning student-led movement against Israel's assault on Gaza had remained peaceful.
In the latest report, analyzing the 3% of protests that became violent, ACLED found that at half of those students clashed with police who had been sent in to clear the peaceful student encampments—which should have been allowed to proceed unimpeded according to Biden's speech about the protests on May 2, in which he said, "Peaceful protest is in the best tradition of how Americans respond to controversial issues."
At one protest at Washington University in St. Louis, three police officers were injured, and at the University of Wisconsin, Madison on May 1, a state trooper was reportedly injured after being hit with a skateboard.
ACLED found two instances of serious property damage: a protest at Portland State University where students shattered glass and damaged computers and other furniture while occupying a library, and the occupation of Hamilton Hall at Columbia University, where students broke windows.
But examining the campus protests as a whole, ACLED did not find evidence of the "disorder" Biden spoke of when he said earlier this month that "vandalism, trespassing, breaking windows, shutting down campuses, forcing the cancellation of classes and graduations... threatening people, intimidating people, instilling fear in people is not a peaceful protest."
The most significant violence that's erupted at a campus protest so far, according to ACLED's data, was an attack by a pro-Israel mob on an encampment at the University of California, Los Angeles, which went on for hours as police stood by.
"If someone is speaking more about 'violent encampments' than they are about violent genocide of the Palestinians, they have a problem reflective of deep and dangerous biases," said Tanya Zakrison, a surgeon at University of Chicago Medical Center, close to the college campus where students on Thursday said police shoved and hit them as they removed an encampment this week.
ACLED documented at least 70 examples of violent police crackdowns, including the use of chemical agents and batons to disperse crowds.
According to The New York Times, more than 2,800 people have now been arrested at campus protests at more than 50 colleges in the United States. The crackdowns have appeared to mobilize Palestinian rights supporters in the U.S. and abroad, with campus demonstrations spreading in Europe, the Middle East, and South Asia.
ACLED found that police have forcefully intervened against pro-Palestinian protests both on and off college campuses about five times as often as they have against pro-Israel demonstrations.
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