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Bill Boteler (202) 265-7337
Top Bush administration officials have forbidden wildlife agencies
from analyzing the effects of greenhouse gas emissions from coal-fired
power-plants or any other project on species and habitat, according to
documents released today by Public Employees for Environmental
Responsibility (PEER). These directives are designed to block the
Endangered Species Act (ESA) from being used as a legal tool for
addressing global warming.
In a recent series of memos, the Interior Department, National
Oceanic & Atmospheric Administration (NOAA) and the Environmental
Protection Agency (EPA) have ruled that since no single source of
greenhouse gases will by itself cause detectable climate change,
therefore there can be no official review of possible effects on
wildlife or their habitats.
In an October 3, 2008 memo to Secretary Dirk Kempthorne, Interior
Solicitor David Berhardt concluded that there are no "indirect effects"
on wildlife that can be isolated to specific greenhouse gas sources.
Moreover, "cumulative effects" Berhardt opined "are of no relevance in
determining whether a proposed action 'may affect listed species or
critical habitat.'"
Similarly, in an October 10, 2008 letter, James Lecky, Director of
NOAA's Office of Protected Species, wrote that impacts on coral and
other marine species as well as effects on ocean temperatures and
acidity cannot be traced to any one source of greenhouse gas and
therefore, no consultation under ESA is required before proceeding.
While conceding the question was "an important issue of first
impression that is of national significance," Lecky, nonetheless,
reached his conclusion in one week following a request from EPA and
without consulting agency scientists. In 2002, Lecky was the official
whose actions led to a massive fish kill on the Klamath River, and
afterwards he was promoted to his current position.
"Despite findings by their own scientists that our atmosphere is
reaching the tipping point, these Bush appointees cling to circular
legalisms to justify continued inaction," stated PEER Executive
Director Jeff Ruch. "The Bush position is that the death by a thousand
cuts must be endured because we cannot know how many cuts we can
survive."
Since the Bush administration was forced this spring to list polar
bears as a threatened species under the ESA due to melting sea ice
habitat caused by global warming, there has been a concerted effort
both within and outside the White House to minimize application of this
powerful law against specific projects that aggravate the effects of
climate change. This posture is forcing wildlife agency officials to
deliver distinctly mixed messages. On May 14, 2008, U.S. Fish &
Wildlife Service Director Dale Hall ordered his staff to avoid ESA
consultations solely on the basis of greenhouse gas pollution.
Meanwhile, on his agency website Hall has posted this statement:
"The warming of the earth, however, could potentially
have more far-reaching impacts on wildlife and wildlife habitat than
any challenge that has come before us."
"In listing polar bears, the Interior Department admitted that
greenhouse gas-induced global warming is having undeniable effects on
wildlife, yet now it is saying it cannot justify any ameliorative
actions," Ruch added. "We have already reached the point where any
further addition of greenhouses gases will have indirect effects on
wildlife, and humans, all over the planet."
###
Read the Interior Solicitor memo
See the NOAA letter
View the James Lecky record at NOAA
Compare the statement from FWS Director Dale Hall
PEER protects public employees who protect our environment. We are a service organization for environmental and public health professionals, land managers, scientists, enforcement officers, and other civil servants dedicated to upholding environmental laws and values. We work with current and former federal, state, local, and tribal employees.
"This is an express public incitement for war crimes and crimes against humanity—and, I would say, for genocide," said a spokesperson for Iran's Foreign Ministry.
Iranian officials on Monday warned US President Donald Trump that his name will be "etched in history as a supreme war criminal" if he follows through with his threat to wage total war on Iran's civilian infrastructure, including bridges and power plants.
Kazem Gharibabadi, Iran's deputy foreign minister, wrote on social media following Trump's Easter-morning outburst that "threats to attack power plants and bridges (civilian infrastructure) constitute war crimes under Article 8(2)(b) of the Rome Statute of the International Criminal Court and Protocol I to the Geneva Conventions of 1977 (Article 52)."
"The president of the United States, in his capacity as the highest-ranking official of his country, has openly threatened to commit war crimes—an act that entails his individual criminal responsibility before the International Criminal Court and any competent national court," Gharibabadi added, vowing that Iran "will deliver a decisive, immediate, and regret-inducing response" to any attack.
Esmail Baghaei, a spokesperson for Iran's Foreign Ministry, said Trump's threats are "an indication of a criminal mindset."
"This is an express public incitement for war crimes and crimes against humanity—and, I would say, for genocide," Baghaei said in an interview on Sunday. "Threatening to attack a country's critical infrastructure, energy sector, it would mean that you want to put at risk the whole population."
Absolute bombshell. Iran's Spokesperson Esmail Baghaei accuses the Trump administration of a criminal mindset and public incitement for genocide. Threatening a nation's critical infrastructure puts the entire population at risk. The White House has completely abandoned morality. pic.twitter.com/HcBZGZho5p
— Furkan Gözükara (@FurkanGozukara) April 5, 2026
The US and Israel have already done significant damage to Iran's civilian infrastructure. The country's deputy health minister said Monday that more than 360 healthcare, education, and research centers have been hit by US-Israeli strikes, and dozens of medics have been killed since the bombing began on February 28.
But Trump on Sunday threatened an indiscriminate assault, telling Fox News that if the Iranians "don't make a deal and fast," he is "considering blowing everything up and taking the oil."
"You're going to see bridges and power plants dropping all over their country," the president said, setting a new deadline of 8 pm ET for the complete reopening of the Strait of Hormuz.
Trump's remarks came after he published a deranged post on his Truth Social platform demanding that Iran "open the Fuckin' Strait, you crazy bastards, or you'll be living in Hell."
Analysts and lawmakers in the US echoed Iranian officials' warnings that Trump's threatened attacks would constitute war crimes.
"Trump's advisers are telling him to hit civilian sites because it will cause unrest and potentially topple the regime. But just think about the insanity of this plan: kill tens of thousands of civilians in order to cause a national panic," US Sen. Chris Murphy (D-Conn.) wrote. "Bombing to induce political panic IS A WAR CRIME."
Dylan Williams, vice president for government affairs at the Center for International Policy, said that "any lawmaker who votes for supplemental funding for the war on Iran or against war powers resolutions to end it will be fully complicit in the war crimes threatened here, as well as those already committed by this unhinged and unfit Commander in Chief."
The US president's renewed threats came amid reports of a diplomatic effort, mediated in part by Pakistan, to enact a 45-day ceasefire to provide space for a lasting resolution to the war.
Axios reported that the talks are seen as "the only chance to prevent a dramatic escalation in the war that will include massive strikes on Iranian civilian infrastructure and a retaliation against energy and water facilities in the Gulf states."
“She was so long in there," said the child's father. "I just think that if they would have moved faster, nothing like that would have happened.”
President Donald Trump's Department of Health and Human Services and its office in charge of providing care for unaccompanied immigrant children have been named in a civil lawsuit alleging that a three-year-old was sexually abused after immigration officials separated her from her mother at the US border, while her father waited for months to be reunited with the child.
The girl crossed the border with her mother last September but was separated from her mother after the woman was charged with making false statements, according to The Associated Press. She was sent to the Office of Refugee Resettlement (ORR), which operates under HHS and places children in foster or shelter settings.
When Trump took office for his second term in January 2025, the average time a child was under ORR's care was 37 days, but as of February children were remaining in shelter or foster settings for an average of 200 days.
The process through which ORR releases children to the care of their parents or sponsors has grown more arduous under the Trump administration, and in the case of the three-year-old, she waited for five months in foster care while the government repeatedly told her father it couldn't make an appointment for him to be fingerprinted.
Court documents state that during that time, the girl reported being sexually abused by an older child who was living in the same foster setting in Harlingen, Texas. She told a caregiver that she had been abused multiple times and had suffered bleeding as a result.
ORR only told her father that there had been an "accident" in foster care. Officials did not tell him the result of a forensic exam and interview of his child, but the older child accused of the abuse was removed from the foster setting.
“I asked them, ‘What happened? I want to know. I’m her father. I want to know what’s going on,’ and they just told me that they couldn’t give me more information, that it was under investigation,” said the father, who is a legal permanent US resident and spoke to the AP anonymously to protect his daughter's identity. “She was so long in there... I just think that if they would have moved faster, nothing like that would have happened.”
The Trump administration has claimed its new restrictions for sponsors and family members seeking custody of their children who are in ORR's care have prevented traffickers from illegally bringing children into the US and have kept unaccompanied minors safe.
Family members like the three-year-old's father are required to submit to income verification, home inspections, and DNA testing.
The new procedures were immediately followed by a drastic jump in child detention times, according to the AP.
Legal advocates have filed lawsuits challenging the new restrictions on the grounds that they can cause prolonged detention for children. Lauren Fisher Flores, the legal director of the American Bar Association’s ProBar project and the attorney representing the girl's family, told the AP that the organization has worked on eight habeas corpus petitions on behalf of children who have been detained for an average of 255 days.
In the girl's case, the government finally allowed the father to be fingerprinted after attorneys sent a letter to ORR, but still did not provide a timeline for his daughter's release. His lawyers then filed a habeas petition, prompting the government to release the child to her father.
During the legal challenge, the father learned the details of what ORR had called an "accident" that happened in the foster setting.
“To have your child abused while in the government’s care, to not understand what has happened or how to protect them, to not even be told about the abuse, it is unimaginable,” Fisher Flores told the AP. “Children deserve safety and they belong with their parents.”
The decision "will make it much more difficult to monitor US-Israeli bombing there, which seems to be the point," said one human rights campaigner.
The satellite firm Planet Labs told customers, including major news outlets, that it was acting on the Trump administration's request as it announced it was implementing "an indefinite withhold of imagery" in Iran and across the Middle Eastern countries where the widening conflict started by the US and Israel is unfolding.
The Saturday announcement, said UK rights campaigner Sarah Wilkinson, was a sign that images of the war will be censored "to hide the truth."
Planet Labs sent an email to journalists who have regularly used the company's satellite images to report on the US-Israeli bombing of Iran and Iran's retaliatory actions on Saturday, saying that after receiving a request from the US government, it was "moving to a managed access model... and releasing imagery on a case-by-case basis and for urgent, mission-critical requirements or in the public interest."
Washington Post reporter Evan Hill suggested the announcement would limit reporters' access to information from "one of the most important US-based commercial satellite imagery providers on whom most media outlets rely."
The announcement comes as Iran's military capabilities have reportedly exceeded US expectations, with US intelligence reporting Iran has retained many of its missile and mobile launchers and casting doubt on the Pentagon's claims that the US is severely diminishing Iran's missile stockpile.
The White House's request for a suspension of satellite imagery was the latest sign that "Trump’s war is going swimmingly," said podcast host Mark Ames sardonically.
It also coincided with multiple threats over the weekend from President Donald Trump, who said this coming Tuesday would be "Power Plant Day, and Bridge Day, all wrapped up in one"—with increased attacks on Iran's civilian infrastructure unless Iran agrees to a deal on Monday.
A major bridge was destroyed by the US on Saturday, while Israeli forces bombed a significant petrochemical complex, reportedly sending pollution into the surrounding city. At least 13 people were killed in the two attacks combined. A projectile that struck the vicinity of the Bushehr Nuclear Power Plant also killed at least one person and raised concerns about a larger attack, which "could trigger a nuclear accident, with health impacts that would devastate generations," as World Health Organization Director-General Tedros Adhanom Ghebreyesus said.
Kenneth Roth, former executive director of Human Rights Watch, said the Trump administration's demand for satellite images to be withheld "will make it much more difficult to monitor US-Israeli bombing there, which seems to be the point."
Data and imagery collected starting on March 9 will be withheld by Planet Labs. The company previously instituted a 14-day delay on the release of satellite images to ensure they would not be "leveraged" by "adversarial actors."
Also on Saturday, Al Jazeera reported that Israeli soldiers had "destroyed all of the CCTV cameras" around the United Nations Interim Force in Lebanon, a mission in the southern part of the country where three peacekeepers were wounded in a blast on Friday and several others have been killed since early March, including some by Israeli fire.