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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.
“Jeff Bezos is spending $200 billion on AI and robotics. Jeff Bezos is replacing hundreds of thousands of his workers at Amazon with robots. Jeff Bezos owns the Washington Post.”
The Washington Post editorial board went to the trouble of marking what it called "Bernie Sanders' worst idea yet" on Wednesday, but the progressive US senator shrugged at the label and didn't appear likely to end his push for a moratorium on the construction of new artificial intelligence data centers.
The conservative-leaning editors wrote glowingly of the "mind-blowing amounts of information" that AI data centers can process and dismissively said that businesses that have invested billions of dollars in AI have erroneously been cast as the "villain in the socialist imagination."
They decried "AI doomerism" by politicians and accused lawmakers like Sanders (I-Vt.) of "fearmongering" about the data centers' water consumption and environmental harms—but neglected to mention that the rapid expansion of the massive centers has sparked grassroots outrage, with communities in states including Michigan and Wisconsin demanding that tech giants stay out of their towns, fearing skyrocketing electricity bills among other impacts.
Sanders emphasized that the Post and its owner, Amazon founder Jeff Bezos, have a vested interest in dismissing efforts to stop the AI build-out that President Donald Trump has demanded with his executive order aimed at stopping states from regulating the industry.
Bezos, one of the richest people on the planet, created an AI startup last year with $6.2 billion in funding, some of it from his personal fortune, and Amazon—where Bezos is still the primary shareholder—has announced plans to invest $200 billion in AI and robotics.
"What a surprise," said Sanders sardonically. "The Washington Post doesn't want a moratorium on AI data centers."
Ben Inskeep, a program director for Citizens Action Coalition in Indiana, suggested the editorial board couldn't express its opposition to Sanders' proposal for a moratorium without including "an admission that it is a paid attack dog for Jeff Bezos," pointing to its required disclosure that Bezos' company is in fact investing billions of dollars in AI.
On social media, Sanders followed his response to the Post's attack with a video in which he doubled down on his objections to AI, despite the editorial board's accusation that he and others "grandstand" on the issue and its insistence that he should "be ecstatic about how much AI can help workers."
Sanders said in the video that "AI and robotics are a huge threat to the working class of this country."
"We have got to be prepared to say as loud and clear as we can that this technology is not just going to benefit the billionaires who own it," he said, "but it's going to work for the working families of our country."
"This court has all it needs to conclude that defendants have trampled on Senator Kelly's First Amendment freedoms."
A federal judge delivered a scathing ruling against Defense Secretary Pete Hegseth's effort to punish a Democratic US senator for warning members of the military against following unlawful orders.
US District Judge Richard Leon on Thursday granted a preliminary injunction that at least temporarily blocked Hegseth from punishing Sen. Mark Kelly (D-Ariz.), a retired US Navy captain who was one of several Democratic lawmakers to take part in a video that advised military service members that they had a duty to disobey President Donald Trump if he gave them unlawful orders.
In his ruling, Leon eviscerated Hegseth's efforts to reduce Kelly's retirement rank and pay simply for exercising his First Amendment rights.
While Leon acknowledged that active US service members do have certain restrictions on their freedom of speech, he said that these restrictions have never been applied to retired members of the US armed services.
"This court has all it needs to conclude that defendants have trampled on Senator Kelly's First Amendment freedoms and threatened the constitutional liberties of millions of military retirees," wrote Leon. "To say the least, our retired veterans deserve more respect from their government, and our constitution demands they receive it!"
The judge said he would be granting Kelly's request for an injunction because claims that his First Amendment rights were being violated were "likely to succeed on the merits," further noting that the senator has shown "irreparable harm" being done by Hegseth's efforts to censure him.
Leon concluded his ruling by imploring Hegseth to stop "trying to shrink the First Amendment liberties of retired service members," and instead "reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussions and debate on military matters in our nation over the past 250 years."
Shortly after Leon's ruling, Kelly posted a video on social media in which he highlighted the threats posed by the Trump administration's efforts to silence dissent.
"Today, a federal court made clear that Pete Hegseth violated the Constitution when he tried to punish me for something I said," Kelly remarked. "But this case was never just about me. This administration was sending a message to millions of retired veterans that they too can be censured or demoted just for speaking out. That's why I couldn't let this stand."
Kelly went on to accuse the Trump administration of "cracking down on our rights and trying to make examples out of everyone they can."
Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said.
This is a critical moment to show this administration they can't keep undermining Americans' rights.
I also know this might not be over yet, because Trump… pic.twitter.com/9dRe9pmeCd
— Senator Mark Kelly (@SenMarkKelly) February 12, 2026
Leon's ruling came less than two days after it was reported that Jeanine Pirro, a former Fox News host who is now serving as US attorney for the District of Columbia, tried to get Kelly and five other Democratic lawmakers criminally indicted on undisclosed charges before getting rejected by a DC grand jury.
According to a Wednesday report from NBC News, none of the grand jurors who heard evidence against the Democrats believed prosecutors had done enough to establish probable cause that the Democrats had committed a crime, leading to a rare unanimous rejection of an attempted federal prosecution.
Their boss, Homeland Security Secretary Kristi Noem, has said that videotaping officers on the job is a form of "doxing" and "violence."
The US Department of Homeland Security has claimed for months that filming immigration agents on the job constitutes a criminal offense. But under oath during a Senate Homeland Security Committee oversight hearing on Thursday, the leaders of immigration agencies under the department’s umbrella admitted this is not true.
Sen. Rand Paul (R-Ky.), the chair of the committee, interrogated Todd Lyons, the acting head of Immigration and Customs Enforcement (ICE); Rodney Scott, the commissioner of Customs and Border Protection (CBP); and Joseph Edlow, the director of US Citizenship and Immigration Services (USCIS) about the recent surge of agents in Minnesota, which has resulted in the killing of two US citizens since January.
He zeroed in on the case of Alex Pretti, the 37-year-old intensive care unit nurse who was shot by a pair of immigration agents on January 24, showing footage of the incident leading up to Pretti's killing, which DHS claimed was justified prior to any investigation taking place.
"So what we see is the beginning of the encounter with Alexander Pretti. He's filming in the middle of the street," Paul explained after rolling the tape.
The senator then asked Scott and Lyons, "Is filming of ICE or Border Patrol either an assault or a crime in any way?"
They both responded flatly, "No."
Courts have generally affirmed that filming law enforcement agents is protected by the First Amendment. But this admission by Lyons and Scott is a major deviation from what their parent agency has claimed.
Their boss, Homeland Security Secretary Kristi Noem, stated during a July press briefing that “violence” against DHS agents includes “doxing them” and “videotaping them where they’re at when they’re out on operations.”
Even in the wake of last month's shootings, DHS has held to this line, with spokesperson Tricia McLaughlin claiming that “videoing our officers in an effort to dox them and reveal their identities is a federal crime and a felony.”
Agents have been directed to treat those who film ICE as criminals—a DHS bulletin from June described filming at protests as "unlawful civil unrest" tactics and "threats."
Several videos out of Minnesota, Maine, and other places flooded by ICE have documented federal agents telling bystanders to stop recording and issuing threats against them or detaining them.
In one case, a bystander was told that because she was filming, she was going to be put in a "nice little database" and was now "considered a domestic terrorist."
Last month, a federal judge sided with a group of journalists in California who cited the June bulletin to argue that Noem had "established, sanctioned, and ratified an agency policy of treating video recording of DHS agents in public as a threat that may be responded to with force and addressed as a crime," in violation of the First Amendment.