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Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
Nell Greenberg Communications
 Manager (415) 659-0557
Margaret
 Swink Communications Manager (415) 659-0541
Brianna Cayo Cotter Communications
 Manager (415) 659-0534
Today, activists
with the Rainforest Action Network staged a sit-in at the EPA
headquarters to demand stronger protection for Appalachia's drinking
water and an end to the devastating practice of mountaintop removal
(MTR) coal mining.   
After entering the EPA building, activists
sat down in the center of the lobby, locked themselves together with
metal 'lock boxes,' and began to play West Virginia's adopted state
song, John Denver's 'Take me Home, Country Roads,' mixed with
intermittent sounds of Appalachia's mountains being blown apart by MTR
explosives. An additional activist climbed to the top of the EPA front
door on Constitution Ave and blocked the door with a banner reading:
'Blowing up mountains for coal contaminates Appalachia's water, Stop
MTR.'    
"We're sitting down inside the EPA to demand the EPA
stand up to protect Appalachia's precious drinking water, historic
mountains and public health from the devastation of mountaintop
removal," said Scott Parkin of Rainforest Action Network, who
participated in the sit-in. "At issue here is not whether mountaintop
removal mining is bad for the environment or human health, because we
know it is and the EPA has said it is. At issue is whether President
Obama's EPA will do something about it. So far, it seems it is easier to
 poison Appalachia's drinking water than to defy King Coal."  
With
 the nation's eyes on the BP disaster, the EPA, without publicly
announcing the action, recently gave the green light for a major new
mountaintop removal coal mining permit in Logan County, West Virginia.
The permit would allow the destruction of nearly three miles of
currently clean streams and 760 acres of forest, in a county where at
least 13 percent of the land has already been permitted for surface coal
 mining. This is the first permit decision the EPA has issued under the
new MTR guidelines, which came out last April and were anticipated to
provide tougher oversight of the practice.   
"This is a
devastating first decision under guidelines that had offered so much
hope for Appalachian residents who thought the EPA was standing up for
their health and water quality in the face of a horrific mining
practice," said Amanda Starbuck of the Rainforest Action Network. "The
grand words being spoken by Administrator Jackson in Washington are
simply not being reflected in the EPA's actions on-the-ground. Moving
forward, it is clear that the EPA cannot end mountaintop removal coal
mining pollution, as it has committed to, without abolishing mountaintop
 removal all together."    
For decades, Appalachian residents
have been decrying the impact of mountaintop removal coal mining-the
practice of blowing up whole mountains (and dumping the toxic debris
into nearby streams and valleys) to reach seams of coal.
Environmentalists, leading scientists, congressional representatives and
 even late coal state Senator Byrd have all called for the end to this
mining practice.  
A paper released in January 2009 by a dozen
leading scientists in the journal Science concluded that mountaintop
coal mining is so destructive that the government should stop giving out
 new permits all together. "The science is so overwhelming that the only
 conclusion that one can reach is that mountaintop mining needs to be
stopped," said Margaret Palmer, a professor at the University of
Maryland Center for Environmental Sciences and the study's lead author.  
Since
 1992, nearly 2,000 miles of Appalachian streams have been filled at a
rate of 120 miles per year by surface mining practices.  A recent EPA
study found elevated levels of highly toxic selenium in streams
downstream from valley fills. These impairments are linked to
contamination of surface water supplies and resulting health concerns,
as well as widespread impacts to stream life in downstream rivers and
streams.  Further, the estimated scale of deforestation from existing
Appalachian surface mining operations is equivalent in size to the state
 of Delaware.    
The Pine Creek permit is currently awaiting
approval from the Army Corps of Engineers.
Hi-res photos at: https://rainforestactionnetwork.smugmug.com/Mountain-Top-Removal/epa-pine-creek-sit-in
Audio
 file playing inside the EPA can be heard here: https://ran.org.s3.amazonaws.com/cr.mp3
Follow
@dirtyenergy for live
twitter updates of today's events 
Rainforest Action Network (RAN) is headquartered in San Francisco, California with offices staff in Tokyo, Japan, and Edmonton, Canada, plus thousands of volunteer scientists, teachers, parents, students and other concerned citizens around the world. We believe that a sustainable world can be created in our lifetime and that aggressive action must be taken immediately to leave a safe and secure world for our children.
"Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?" asked Sen. Bernie Sanders.
US Sen. Bernie Sanders on Sunday implored his Democratic colleagues in Congress not to cave to President Donald Trump and Republicans in the ongoing government shutdown fight, warning that doing so would hasten the country's descent into authoritarianism.
In an op-ed for The Guardian, Sanders (I-Vt.) called Trump a "schoolyard bully" and argued that "anyone who thinks surrendering to him now will lead to better outcomes and cooperation in the future does not understand how a power-hungry demagogue operates."
"This is a man who threatens to arrest and jail his political opponents, deploys the US military into Democratic cities, and allows masked Immigration and Customs Enforcement agents to pick people up off the streets and throw them into vans without due process," Sanders wrote. "He has sued virtually every major media outlet because he does not tolerate criticism, has extorted funds from law firms and is withholding federal funding from states that voted against him."
If Democrats capitulate, Sanders warned, Trump "will utilize his victory to accelerate his movement toward authoritarianism."
"At a time when he already has no regard for our democratic system of checks and balances," the senator wrote, "he will be emboldened to continue decimating programs that protect elderly people, children, the sick and the poor while giving more tax breaks and other benefits to his fellow oligarchs."
Sanders' op-ed came as the shutdown continued with no end in sight, with Democrats standing by their demand for an extension of Affordable Care Act (ACA) tax credits as a necessary condition for any government funding deal. Republicans have so far refused to negotiate on the ACA subsidies even as health insurance premiums skyrocket nationwide.
The Trump administration, meanwhile, is illegally withholding Supplemental Nutrition Assistance Program (SNAP) funding from tens of millions of Americans—including millions of children—despite court rulings ordering him to release the money.
In a "60 Minutes" interview that aired Sunday, Trump again urged Republicans to nuke the 60-vote filibuster in the Senate to remove the need for Democratic support to reopen the government and advance other elements of their agenda unilaterally. Under the status quo, Republicans need the support of at least seven Democratic senators to advance a government funding package.
"The Republicans have to get tougher," Trump said. "If we end the filibuster, we can do exactly what we want. We're not going to lose power."
Congressional Democrats have faced some pressure from allies, most notably the head of the American Federation of Government Employees (AFGE), to cut a deal with Republicans to end the shutdown and alleviate the suffering it has inflicted on federal workers and many others.
But Democrats appear unmoved by the AFGE president's demand, and other labor leaders have since voiced support for the minority party's effort to secure an extension of ACA subsidies.
"We're urging our Democratic friends to hold the line," said Jaime Contreras, executive vice president of the 185,000-member Service Employees International Union Local 32BJ.
In his op-ed on Sunday, Sanders asked, "Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?"
"If the Democrats cave now, it would be a betrayal of the millions of Americans who have fought and died for democracy and our Constitution," the senator wrote. "It would be a sellout of a working class that is struggling to survive in very difficult economic times. Democrats in Congress are the last remaining opposition to Trump's quest for absolute power. To surrender now would be an historic tragedy for our country, something that history will not look kindly upon."
"Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food," one lawyer said.
As the Trump administration continued its illegal freeze on food assistance, the US Department of Agriculture sent a warning to grocery stores not to provide discounts to the more than 42 million Americans affected.
Several grocery chains and food delivery apps have announced in recent days that they would provide substantial discounts to those whose Supplemental Nutrition Assistance Program (SNAP) benefits have been delayed. More than 1 in 8 Americans rely on the program, and 39% of them are children.
But on Sunday, Catherine Rampell, a reporter at the Washington Post published an email from the USDA that was sent to grocery stores around the country, telling them they were prohibited from offering special discounts to those at greater risk of food insecurity due to the cuts.
"You must offer eligible foods at the same prices and on the same terms and conditions to SNAP-EBT customers as other customers, except that sales tax cannot be charged on SNAP purchases," the email said. "You cannot treat SNAP-EBT customers differently from any other customer. Offering discounts or services only to SNAP-eligible customers is a SNAP violation unless you have a SNAP equal treatment waiver."
The email referred to SNAP's "Equal Treatment Rule," which prohibits stores from discriminating against SNAP recipients by charging them higher prices or treating them more favorably than other customers by offering them specialized sales or incentives.
Rampell said she was "aware of at least two stores that had offered struggling customers a discount, then withdrew it after receiving this email."
She added that it was "understandable why grocery stores might be scared off" because "a store caught violating the prohibition could be denied the ability to accept SNAP benefits in the future. In low-income areas where the SNAP shutdown will have the biggest impact, getting thrown off SNAP could mean a store is no longer financially viable."
While the rule prohibits special treatment in either direction, legal analyst Jeffrey Evan Gold argues that it was a "perverted interpretation of a rule that stops grocers from price gouging SNAP recipients... charging them more when they use food stamps."
The government also notably allows retailers to request waivers for programs that incentivize SNAP recipients to purchase healthy food.
Others pointed out that SNAP is currently not paying out to Americans because President Donald Trump is defying multiple federal court rulings issued Friday, requiring him to tap a $6 billion contingency fund to ensure benefit payments go out. Both courts, in Massachusetts and Rhode Island, have said his administration's refusal to pay out benefits is against the law.
One labor movement lawyer summed up the administration's position on social media: "Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food."
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."