May, 02 2016, 12:15pm EDT
For Immediate Release
Contact:
- Lauren Petrie, Food & Water Watch – 720-663-0735, lpetrie@fwwatch.org
- Kaye Fissinger, Our Longmont – 303-678-7267; 818-237-7943 (cell), ksfissinger@msn.com
- Bruce Baizel, Earthworks – 970-799-3552, bruce@earthworksaction.org
Colorado Supreme Court Strips the Constitutional Right To Enact Local Fracking Bans
Landmark Decision Favors Oil and Gas Industry Over the Rights of Coloradans
DENVER, Co.
Today, the Colorado Supreme Court struck down the rights of Coloradans to protect their health, safety and wellbeing from fracking through the use of local bans. The justices denied residents their "right of enjoying and defending their lives and liberties; and of seeking and obtaining their safety and happiness" as outlined in the Colorado Constitution, by determining that oil and gas development is pre-empted by the state. This decision overturns the democratically enacted measure to ban fracking passed overwhelmingly by Longmont residents in 2012 and strips all Coloradans of their Constitutional right to say "no" to fracking in their communities in order to prevent problems inherent in fracking, including air pollution, health complications, water contamination and reduced property values.
"It is beyond comprehension that the Colorado Supreme Court still fails to recognize the rights of people to live in a safe and healthy environment," said Kaye Fissinger, President of Our Health, Our Future, Our Longmont. "The state has declared that fostering oil and gas development is in its interest. That the court apparently equates a government interest superior to human rights is a severe slap in the face. Our country's founding fathers are most certainly turning over in their graves," Fissinger said.
In 2012, residents in Longmont passed a city charter amendment, Measure 300, which banned fracking and the disposal of its waste products, including injection wells within city limits, to protect homes, schools and public parks. The local ban passed with an overwhelming 60 percent majority despite being outspent 30-1 by the oil and gas industry. Governor Hickenlooper and the oil and gas industry sued Longmont over this democratically enacted measure.
"Today's decision deals a devastating blow not just to Longmont residents, but to all Coloradans who have been stripped of a democratic process that should allow us the right to protect our health, safety and property from the impacts of this dangerous industrial activity," said Lauren Petrie, Rocky Mountain Region Director with Food & Water Watch.
After appealing the District Court's ruling in 2015, the Colorado Court of Appeals petitioned the Colorado Supreme Court to hear this case. In an unprecedented decision, the Colorado Supreme Court agreed to hear this case and listened to oral arguments in December, 2015, leading to this historic decision.
"Straight out of Orwell's Animal Farm, the Colorado Supreme Court just decided that the oil and gas industry is 'more equal' than other industries," said Earthworks energy program director Bruce Baizel. "Turning democracy on its head, today's ruling prohibits local communities from deciding whether and how to balance their health against the fracking industry's profits."
Physicians, Scientists & Engineers for Healthy Energy conducted an analysis of peer-reviewed studies on the impacts of fracking and shale gas development. It found that 21 of 25 papers published on the health impacts show potential risks or actual adverse outcomes, including increased incidence of cancer and birth defects associated with living in close proximity to oil and gas wells. The group's survey also showed that 33 of 48 water quality studies find either the potential for, a positive association with, or direct evidence of water contamination. In addition, 30 of 34 focused on air quality found elevated levels of air pollution, and that children are especially vulnerable to exposure to such pollution, according to the scientists.
As these inherent harms of fracking become ever-clearer, Governor Hickenlooper's failed task force--formed in 2014 as a way to keep several anti-fracking measures off the ballot--has left municipalities frustrated as proposals to drill continue to encroach closer to homes and schools. In Adams County, a recent proposal to drill several new mega-facilities could place fracking wells within 100 feet from homes and a middle school. The Governor's task force has failed to provide Coloradans with a way to protect their homes, families and futures from this dangerous, industrial activity.
"As a retired RN I am horrified that we continue to allow this toxic industry to operate next to our homes and schools," said Karen Dike, of Rocky Mountain Chapter of Sierra Club. "The Colorado Supreme Court ruling discounts the inherent rights of the people of this state to have clean air to breath, fresh water to drink, land free of contamination and safe places to live, go to school and work. The ruling places profit of corporations before people and will allow the continuing toxic onslaught of this dangerous industry."
Food & Water Watch mobilizes regular people to build political power to move bold and uncompromised solutions to the most pressing food, water, and climate problems of our time. We work to protect people's health, communities, and democracy from the growing destructive power of the most powerful economic interests.
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Spain Widens Push for EU Countries to Recognize Palestinian State
A majority of U.N. member states recognize Palestinian statehood, but the U.S. and most E.U. countries lag behind.
Apr 17, 2024
In his latest stop on a tour of several European countries aimed at gathering support for recognizing a Palestinian state, Spanish Prime Minister Pedro Sánchez joined his Slovenian counterpart on Tuesday in calling to make the diplomatic move to help secure an end to the Israeli-Palestinian conflict.
Palestine is already recognized as a state by the vast majority of United Nations members—139 out of 193 countries—and by a handful of European nations, but the European Union as a whole, the United States, and the United Kingdom are among those that have long refused to recognize statehood.
At a joint press conference with Sánchez, Slovenian Prime Minister Robert Golob said the question is "when, not if, but when is the best moment to recognize Palestine."
Al Jazeera reported Wednesday that Sánchez aims to formally recognize Palestinian statehood by July, even if he does not secure enough support from other E.U. countries.
"The time has come for the international community to once and for all recognize the state of Palestine," Sánchez said in November. "It is something that many E.U. countries believe we have to do jointly, but if this is not the case, Spain will adopt its own decision."
Sánchez has also met with leaders in Ireland, Malta, and Norway in recent weeks.
Jonas Gahr Støre, prime minister of Norway—which is not an E.U. member—said last week that his government "stands ready" to join "like-minded countries" in recognizing Palestinian statehood.
Irish Prime Minister Simon Harris said after meeting with Sánchez last Friday that formal recognition "is coming much closer and we would like to move together in doing so."
"The people of Palestine have long sought the dignity of their own country and sovereignty—a home that like Ireland and Spain can take its place amongst the nations of the Earth," Harris added.
Ireland's Green Party said Monday that the full recognition of Palestine by European countries would help to secure a cease-fire in Gaza, where Israel has killed at least 33,899 people since October and has so far starved more than two dozen children to death by blocking the vast majority of humanitarian aid for months.
Al Jazeerareported Wednesday that Belgium—which has called for economic sanctions on Israel over its bombardment of Gaza—is likely to join Spain's push after June, when the country no longer holds the E.U. presidency.
The push from Spain comes as the U.N. Security Council is scheduled to vote on whether to admit Palestine as a full member of the U.N., which the Spanish prime minister said would be supported by the governments he's met with.
Palestinian representatives announced earlier this month that they would revive their application for membership, which the U.S. has vetoed in previous votes.
"We are seeking admission. That is our natural and legal right," said Riyad Mansour, the Palestinian ambassador to the U.N. Palestine has held observer status in the U.N. since 2012.
The League of Arab States on Tuesday expressed its "unwavering support" of the Palestinians' new application.
"Membership in the United Nations is a crucial step in the right direction towards a just and lasting resolution of the Palestinian question in line with international law and relevant U.N. resolutions," said the group of 22 countries.
U.S. State Department spokesperson Matthew Miller told reporters this month that full U.N. membership for Palestine "should be done through direct negotiations through the parties," while Israeli U.N. ambassador Gilad Erdan said the fact that the application is being considered is "a victory for genocidal terror."
The Arab League urged U.N. members "not to obstruct this critical initiative."
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"While the attention of the world is focused on Gaza, abuses in the West Bank, fueled by decades of impunity and complacency among Israel's allies, are soaring."
Apr 17, 2024
Israeli soldiers have either passively watched or participated in the uprooting of at least seven communities in the West Bank since October of last year, Human Rights Watch said Wednesday in a new report documenting surging settler violence in the occupied Palestinian territory.
The rights group interviewed dozens of eyewitnesses and examined video footage showing harassment and other abuse of Palestinians in the West Bank "by men in Israeli military uniforms carrying M16 assault rifles."
Following the Hamas-led October 7 attack on southern Israel, the Israeli military drafted more than 5,000 settlers into "regional defense" units in the West Bank, Haaretzreported earlier this year. The Israeli newspaper noted that "alongside this large-scale mobilization, the [Israel Defense Forces] has distributed some 7,000 weapons to the battalions as well as to settlers who were not recruited into the army but received them as civilians whom the army considers eligible to carry military arms."
HRW's investigation found that "armed settlers, with the active participation of army units, repeatedly cut off road access and raided Palestinian communities, detained, assaulted, and tortured residents, chased them out of their homes and off their lands at gunpoint or coerced them to leave with death threats, and blocked them from taking their belongings."
"Israeli settlers and soldiers are literally wiping Palestinian communities off the map," said Omar Shakir, HRW's Israel and Palestine director.
"While the attention of the world is focused on Gaza, abuses in the West Bank, fueled by decades of impunity and complacency among Israel’s allies, are soaring."
The new report comes days after Israeli settlers—escorted by IDF soldiers—went on their latest destructive and deadly rampage in the West Bank, killing at least two Palestinians, injuring dozens, and setting homes and vehicles ablaze. At least 20 households were displaced after Israeli settlers burned down their homes.
The wave of settler violence came after a missing 14-year-old Israeli boy was found dead in the area around the West Bank city of Ramallah. The Israeli military said the boy was killed in a "terrorist attack."
Since October 7, according to the United Nations, Israeli settlers have launched more than 720 attacks on Palestinians in the West Bank, displacing at least 206 households comprised of 1,244 people—including 603 children. Israeli soldiers in uniform have been present at many of the attacks.
"Settlers and soldiers have displaced entire Palestinian communities, destroying every home, with the apparent backing of higher Israeli authorities," Bill Van Esveld, associate children's rights director at HRW, said in a statement Wednesday. "While the attention of the world is focused on Gaza, abuses in the West Bank, fueled by decades of impunity and complacency among Israel's allies, are soaring."
HRW's new report examines five West Bank communities that have come under attack by Israeli settlers, including one in which uniformed Israeli men armed with assault rifles entered tents and destroyed or stole people's belongings, abused residents, and threatened to kill them if they didn't leave the area.
"One man in uniform kicked me in the back of my neck," a Palestinian mother told HRW. "They said, 'Go to the valley, and if you come back, we will kill you.'"
None of the families forcibly evicted from the five communities examined in the HRW report have been allowed to return home.
"Palestinian children have seen their families brutalized, and their homes and schools destroyed, and the Israeli authorities are ultimately to blame," Van Esveld said Wednesday. "Senior state officials are fueling or failing to prevent these attacks, and Israel's allies are not doing enough to stop that."
Following the latest wave of settler violence in the West Bank this past weekend, a coalition of human rights organizations said in a joint statement Wednesday that "the international community must swiftly and decisively pressure the government of Israel to halt these attacks and urgently de-escalate the situation."
"With international attention centered on Gaza, the government of Israel has not only allowed settler violence to spiral but also persisted in the expansion of Israeli settlements built on Palestinian land and unlawfully seized Palestinian territory by designating it as 'state land,' blatantly violating international law," the groups noted. "Concerted efforts are needed to tackle the root cause of settler violence by permanently dismantling settlement outposts and ensuring the safe return of displaced Palestinians to their lands."
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Wyden Says Spying Bill Would Force Americans to Become an 'Agent for Big Brother'
"If you have access to any communications, the government can force you to help it spy," said Sen. Ron Wyden.
Apr 17, 2024
Democratic Sen. Ron Wyden took to the floor of the U.S. Senate on Tuesday to speak out against a chilling mass surveillance bill that lawmakers are working to rush through the upper chamber and send to President Joe Biden's desk by the end of the week.
The measure in question would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA) for two years and massively expand the federal government's warrantless surveillance power by requiring a wide range of businesses and individuals to cooperate with spying efforts.
"If you have access to any communications, the government can force you to help it spy," said Wyden (Ore.), referring to an amendment that was tacked on to the legislation by the U.S. House last week with bipartisan support. "That means anyone with access to a server, a wire, a cable box, a Wi-Fi router, a phone, or a computer. So think for a moment about the millions of Americans who work in buildings and offices in which communications are stored or pass through."
"After all, every office building in America has data cables running through it," the senator continued. "The people are not just the engineers who install, maintain, and repair our communications infrastructure; there are countless others who could be forced to help the government spy, including those who clean offices and guard buildings. If this provision is enacted, the government can deputize any of these people against their will, and force them in effect to become what amounts to an agent for Big Brother—for example, by forcing an employee to insert a USB thumb drive into a server at an office they clean or guard at night."
Wyden said the process "can all happen without any oversight whatsoever: The FISA Court won't know about it, Congress won't know about it. Americans who are handed these directives will be forbidden from talking about it. Unless they can afford high-priced lawyers with security clearances who know their way around the FISA Court, they will have no recourse at all."
Wyden's remarks came after the Senate narrowly approved a motion Tuesday to proceed to the FISA reauthorization bill ahead of Section 702's expiration at the end of the week. The Oregon senator, an outspoken privacy advocate, was among the seven members of the Democratic caucus who voted against the procedural motion.
Despite its grave implications for civil liberties, the bill has drawn relatively little vocal opposition in the Senate. A final vote could come as soon as Thursday.
Titled Reforming Intelligence and Securing America Act (RISAA), the legislation passed the Republican-controlled House last week after lawmakers voted down an amendment that would have added a search warrant requirement to Section 702.
The authority allows U.S. agencies to spy on non-citizens located outside of the country, but it has been abused extensively by the Federal Bureau of Investigation and National Security Agency to collect the communications of American lawmakers, activists, journalists, and others without a warrant.
Privacy advocates warn RISAA would dramatically expand the scope of Section 702 by broadening the kinds of individuals and businesses required to participate in government spying. A key provision of the bill would mandate cooperation from "electronic communications service providers" such as Google, Verizon, and AT&T as well as "any other service provider who has access to equipment that is being or may be used" to transmit or store electronic communications.
That would mean U.S. intelligence agencies could, without a warrant, compel gyms, grocery stores, barber shops, and other businesses to hand over communications data.
"In the face of the pervasive past misuse of Section 702, the last thing Americans need is a large expansion of government surveillance," Caitlin Vogus, deputy director of advocacy at Freedom of the Press Foundation, wrote in an op-ed for The Guardian on Tuesday. "The Senate should reject the House bill and refuse to reauthorize Section 702 without a warrant requirement. Lawmakers must demand reforms to put a stop to unjustified government spying on Americans."
Wyden said during his floor speech Tuesday that some of his colleagues "say they aren't worried about President Biden abusing these authorities."
"In that case, how about [former President Donald] Trump? Imagine these authorities in his hands," said Wyden. "If you're worried about having a president who lives to target vulnerable Americans, to pit Americans against each other, to find every conceivable way to punish perceived enemies, you ought to find this bill terrifying."
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