August, 04 2011, 05:40pm EDT
For Immediate Release
Contact:
Holly Harris, Earthjustice (907) 500-7133
Rebecca Noblin, Center for Biological Diversity (907) 274-1110
Carole Holley, Pacific Environment (907) 277-1029
Timothy McHugh, Ocean Conservancy (202) 351-0492
Bob Keefe, Natural Resources Defense Council (202) 289-2373
Lois Epstein, The Wilderness Society (907) 748-0448
Virginia Cramer, Sierra Club (804) 519-8449
Robert Thompson, REDOIL (907) 640-6119
Susan Murray, Oceana (907) 586-4050
Caitlin Leutwiler, Defenders of Wildlife (202) 772-3226
Pamela Miller, Northern Alaska Environmental Center (907) 452-5021, x24
Emilie Surrusco, Alaska Wilderness League (202) 544-5205
Matt Farrauto, World Wildlife Fund (202) 660-3136
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Feds Ignore Risks and Green Light Shell Drilling in Arctic Ocean
Agency continues to rubber-stamp dangerous offshore drilling; Scientists agree more data needed to understand the effects of oil development
ANCHORAGE, Alaska
The U.S. Department of the Interior took a dangerous and disappointing leap towards drilling in the remote and fragile waters of America's Arctic Ocean today. The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) approved a plan by Shell Oil to conduct the first drilling in the harsh and remote Arctic Ocean since the Deepwater Horizon tragedy. Under this plan, Shell would start drilling in the Beaufort Sea in summer 2012.
Shell's drilling risks a major oil spill, and neither Shell nor the government could respond adequately to such a catastrophe. It risks harming the endangered bowhead whale, a species central to Alaska Native subsistence traditions. Today's decision to rubber-stamp Shell's drilling ignores many of the lessons of the Gulf tragedy and the recommendations of government scientists and puts the Arctic Ocean and its coastal communities at great risk.
BOEMRE approval of Shell's drilling plan is silent as to the agency's assessment of Shell's oil spill plan. BOEMRE should not have approved Shell's drilling plan without an adequate, approved oil spill plan demonstrating Shell's ability to cleanup an oil spill in the Arctic's icy waters. After the Deepwater Horizon disaster, the National Oil Spill Commission identified "the failure to plan effectively for a large-scale, difficult-to-contain spill" in the Arctic as one of the "three critical issues or gaps in the government's existing response capacity." As Commandant Admiral Robert Papp admitted to members of Congress last week, the federal government currently has "zero" spill response capability in the Arctic. Today BOEMRE ignored these concerns and approved Shell's drilling despite an oil spill plan that:
- Assumes that Shell can recover an unprecedented 95 percent of oil spilled in Arctic water using mechanical containment and recovery efforts (like booms and skimmers), despite the fact that such efforts only recovered 8 percent of oil after the Exxon Valdez spill, and only 5 percent of oil after the Deepwater Horizon spill;
- Ignores the fact that the most recent oil spill response drill in the Beaufort Sea described mechanical cleanup efforts in icy conditions as a "failure;" a video of this drill obtained by Oceana shows how ineffective mechanical recovery efforts are in Arctic waters; and,
- Only plans for a "worst case" spill in relatively warm and ice-free August conditions despite the fact that Shell wants to drill through October, when ice, darkness and bad weather prevail.
Additionally, BOEMRE's approval of Shell's drilling plan does not resolve the potential for other significant impacts to the Arctic environment. In late June, the U.S. Geological Survey (USGS) released a comprehensive assessment of existing scientific data on the effects of oil and gas development in America's Arctic Ocean. The USGS report reinforces what scientists inside and outside the government have been saying for years--we need a basic understanding of the Arctic Ocean ecosystem before we can drill there. What we do know is that Shell's planned drilling is directly in the fall migration path of endangered bowhead whales and could block them from reaching an important feeding and resting area. Shell estimates close to 5,600 migrating bowhead whales, almost half the population, could be exposed to sound and disturbance from the drilling and icebreaking that could cause them to change their behavior and avoid the feeding area. This could harm the population, particularly mothers and young calves, and could affect Alaska Native communities that rely on the bowhead whale and other species to sustain their subsistence way of life.
"This is a disaster waiting to happen, but still BOEMRE is moving forward with Arctic Ocean drilling," said Earthjustice attorney Holly Harris. "Scientific integrity and government accountability took their familiar back seat to oil company profits and power today. BOEMRE's decision to disregard science and gamble with a region that is crucial to endangered bowhead whales, seals, polar bears and other marine wildlife and that Native subsistence communities rely upon so heavily is inexcusable. Today's decision is nothing more than the administration's decision to roll the dice with the Arctic."
"The Obama administration continues its policy of selling off the environment and through that, Alaska Native peoples, to the highest bidder. We know that there's no way to clean up an oil spill in the Arctic. The Department of Interior knows it too. Approving Shell's exploration plan for the Beaufort Sea is a completely irrational decision, driven by industry greed and politicians rather than science and the health of people and the environment," said Carole Holley, Alaska program co-director with Pacific Environment.
"Today's announcement is proof that all of Secretary Salazar's promises of reform after the Deepwater Horizon amount to nothing. This Administration is as willing as ever to rubber stamp dangerous drilling plans in the Arctic Ocean," said Rebecca Noblin, Alaska director with the Center for Biological Diversity.
"We've already watched oil spreading over Prince William Sound. Last summer we watched it gush into the Gulf of Mexico. If we fail to act on the lessons learned from these tragedies, we could soon find ourselves in Alaska's Arctic, watching another disaster unfold," said Andrew Hartsig, Director of Ocean Conservancy's Arctic Program. "A comprehensive Arctic research program is needed to promote informed decision-making on oil and gas activities and to measure and monitor impacts on Arctic ecological resources. The necessary work can begin now, and it can be conducted within a reasonable period of time. With that information in hand, we can make no-regrets choices for our Arctic seas."
"Everyone from the Coast Guard to local community leaders has said they are ill-equipped and unable to properly respond to an oil spill in the Arctic, yet now we are letting Shell move forward with drilling in severe weather conditions in America's most pristine and unique frontier," said Chuck Clusen, director of Alaska projects for the Natural Resources Defense Council. "This is either the height of irresponsibility or ignorance, but either way it should be stopped."
"Because Congress and the Obama Administration have not implemented many significant post-BP spill reforms, the public is not confident that everything is being done that can be done to prevent major spills in the Arctic. Shell's word that the company is trying to prevent spills is not good enough," said Lois Epstein, an engineer and Arctic Program Director at The Wilderness Society.
"This decision is bad for Arctic wildlife, such as polar bears and bowhead whales, and bad for the people of the Arctic who rely on these animals for their way of life. Instead of moving forward with drilling in the amazing oceans and wild lands of America's last frontier, we should be investing in ways to make our cars and trucks go further on a tank of gas and move beyond oil," said Dan Ritzman, Alaska Program Director for the Sierra Club's Resilient Habitats campaign.
"REDOIL, Resisting Environmental Destruction on Indigenous Lands, is in opposition to the exploration activities of Shell Oil which have been approved by BOEMRE. We take this position as a means to protect indigenous culture. The Inupiat culture has thrived for thousands of years. We have a close relationship with the bowhead whales and marine life of our region. Climate change is happening. The proposed activities, which lack a credible plan to deal with oil spills, if allowed, can have a devastating effect on our already stressed ecosystem. Our ecosystem and culture should not be put in jeopardy for the profit of a foreign oil giant," said Robert Thompson, Inupiat resident of Kaktovik and the Chairman of REDOIL.
"It is time for the Obama administration to commit to the truth about an Arctic oil spill," Oceana Pacific Senior Director, Susan Murray said. "The American public should no longer be given misinformation, if a spill will be impossible to clean up in the Arctic that needs to be stated."
"Just this June, the USGS reported gaping holes in our understanding of the Arctic Ocean, yet the administration ignores these realities by declaring that offshore drilling would have no significant impact on this fragile marine environment," said Sierra Weaver, attorney for Defenders of Wildlife. "By putting Shell one step closer to dangerously risky drilling, the administration puts the wildlife and people that depend on the fragile Arctic ecosystem on thin ice."
"Shell's oil drilling risks major spills that could devastate nearby coasts, including our nation's treasured Arctic National Wildlife Refuge roughly a dozen miles away," said Pamela A. Miller, Arctic Program Director, Northern Alaska Environmental Center in Fairbanks, Alaska. "The toxic pollution and noisy disturbance from the exploration wells threaten refuge resources dependent upon marine and nearshore estuary waters, as well as surrounding coastal habitats so vital to polar bears, migratory birds, caribou, Alaska Native subsistence, and recreation. Our preeminent wilderness refuge deserves better care than the offshore agency has shown."
"Shell's oil spill plans are full of inadequacies and falsehoods. For example, Shell assumes they can clean up 95 percent of the oil spilled using mechanical recovery, even though in the Exxon Valdez only had 8 percent of the oil was recovered, in Deepwater Horizon, it was 3 percent," said Leah Donahey, Western Arctic and Oceans Program Director, Alaska Wilderness League. "Conditional approval of Shell's Beaufort exploration plan with no way to clean up a spill in the Arctic's pristine, marine environment is unconscionable."
"Drilling for oil in the America's pristine Arctic comes at unbearable costs, in risk, in real dollars and in terms of irreversible damage to the environment," said Bill Eichbaum, Vice President for Marine and Arctic Policy at WWF."We are disappointed in the Department of Interior for ignoring the findings of the President's Oil Spill Commission report, for rewarding insufficient planning and for capitulating to corporate interests. Arctic weather conditions would actually prevent any response for a significant period of time. Did we really learn nothing from Deepwater Horizon disaster?"
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Supreme Court Urged to 'Rule Quickly' After Trump Immunity Arguments
"It'd be a travesty for justices to delay matters further," said one legal expert.
Apr 25, 2024
After about three hours of oral arguments Thursday on former President Donald Trump's immunity claims, legal experts and democracy defenders urged the U.S. Supreme Court to rule swiftly, with just over six months until the November election.
Trump—the presumptive Republican candidate to challenge Democratic President Joe Biden, despite his 88 felony charges in four ongoing criminal cases—is arguing that presidential immunity should protect him from federal charges for trying to overturn his 2020 loss to Biden, which culminated in the January 6, 2021 insurrection at the U.S. Capitol.
Justices across the ideological spectrum didn't seem inclined to support Trump's broad immunity claims—which critics have said "reflect a misreading of constitutional text and history as well as this court's precedent." However, Citizens for Responsibility and Ethics in Washington (CREW) shared examples of what it would mean if they did.
"Trump could sell pardons, ambassadorships, and other official benefits to his wealthy donors, members of his clubs, or cronies who helped him commit other crimes," CREW warned. "Trump could sell nuclear codes and government secrets to help pay back crippling debts."
"But this isn't just about what Donald Trump could do. It's really about how total immunity for the president would threaten our democratic system of checks and balances," the group continued. "The president could order the military to assassinate activists, political opponents, members of Congress, or even Supreme Court justices, so long as he claimed it related to some official act."
After warning that a president could also order the occupation or closure of the Capitol or high court to prevent actions against him, CREW concluded that "the Supreme Court never should have taken this appeal up in the first place. They should rule quickly and shut these ludicrous claims down for good."
The organization was far from alone in demanding a quick decision from the nation's highest court.
"In the name of accountability, the court must not delay its decision," the Brennan Center for Justice said Thursday evening. "The Supreme Court's time is up. It needs to let the prosecution move forward. The court decided Bush v. Gore in three days—it should act with similar alacrity in deciding Trump v. U.S."
In Bush v. Gore, the case that decided the 2000 election, the high court issued a related stay on December 9, heard oral arguments on December 11, and issued a final decision on December 12.
On Thursday, the arguments "got away from the central question: Is a former president immune from criminal prosecution if he tried to overthrow a presidential election, using private means and the power of his office to do so?" the Brennan Center noted. "The answer is simple: No."
"It is not an 'official act' to try to overthrow the peaceful transfer of power or the Constitution, even if you conspire with other government officials to do it or use the Oval Office phone," the center said. "Trump's attorney was pushing the court to come up with a sea change in the law. That's unnecessary and a delay tactic that will hurt the pursuit of justice in this case."
In a departure from previous claims, Trump's attorney, D. John Sauer, "appeared to agree with Special Counsel Jack Smith, who is leading the prosecution, that there are some allegations in the indictment that do not involve 'official acts' of the president," NBC Newsreported, noting questions from liberal Justice Elena Kagan and conservative Justice Amy Coney Barrett, a Trump appointee.
Barrett summarized various allegations from the indictment and in three cases—involving dishonest election claims, false allegations of fraud, and fake electors—Sauer conceded that Trump's alleged conduct sounded private, suggesting that a more narrow case against the ex-president that excluded any potential official acts could proceed.
Due to Trump attorney's concessions in Supreme Court oral argument, there's now a very clear path for DOJ's case to go forward.\n\nIt'd be a travesty for Justices to delay matters further.\n\nJustice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.\u2b07\ufe0f— (@)
According to NBC:
Matthew Seligman, a lawyer and a fellow at the Constitutional Law Center at Stanford Law School who filed a brief backing prosecutors, said Sauer's concessions highlight that Trump is "not immune for the vast majority of the conduct alleged in the indictment."
Ultimately, he said, the case will go to trial "absent some external intervention—like Trump ordering [the Justice Department] to drop the charges" after having won the election.
At the same time, Sauer's backtracking might have little consequence from an electoral perspective. Further delay in a trial, which Sauer is close to achieving, is a form of victory in itself.
Slate's Mark Joseph Stern pointed out that when Barrett similarly questioned Michael Dreeben, the U.S. Department of Justice lawyer arguing the case for Smith, it seemed like they "were trying to work out some compromise wherein the trial court could distinguish between official and unofficial acts, then instruct the jury not to impose criminal liability on the former."
"It was fascinating to watch Barrett nodding along as Dreeben pitched a compromise that would largely preserve Smith's January 6 prosecution but limit what the jury could hear, or at least consider," Stern added. "That, though, would take months to suss out in the trial court. More delays!"
Stern and other experts signaled that the decision likely comes down to Barrett and Chief Justice John Roberts, with the three liberals seemingly supporting the prosecution of Trump and the other four conservatives suggesting it is unconstitutional.
People for the American Way president Svante Myrick said in a statement that "today's argument brought both good and bad news. It was chilling to hear Donald Trump's lawyer say that staging a military coup could be considered part of a president's official duties."
"Thankfully, the majority of the court, including conservative justices, did not seem to buy that very broad Trump argument that a former president is absolutely immune from prosecution under any circumstances," Myrick added. "On the other hand, it's not clear that there is a majority on this court that will quickly reject the immunity arguments and let the case go forward in time for a trial before the election. That's a huge concern."
Trump was not at the Supreme Court on Thursday; he was at his trial in New York, where he faces 34 counts for allegedly falsifying business records related to hush money payments to cover up sex scandals during the 2016 election cycle. The are two other cases: a federal one for mishandling classified material and another in Georgia for interfering with the last presidential contest.
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'Just the Beginning': 50+ Arrested for Blockading Citigroup Bank Over Climate Crimes
"Through people-powered resistance, we can give money a conscience and stop Citi's destruction of our planet," said one Indigenous campaigner.
Apr 25, 2024
Twenty more demonstrators were arrested Thursday, the second day of Earth Week protests targeting Citigroup's Manhattan headquarters in what organizers called "the beginning of a wave of direct actions to take place over the summer targeting big banks for creating climate chaos that is killing our communities and our planet."
Protest organizers—who include Climate Defenders, New York Communities for Change, Planet over Profit, and Stop the Money Pipeline—said 53 activists were arrested over two days of demonstrations, which included blocking the entrance to Citigroup's headquarters, to "demand that the bank stop funding fossil fuels."
Organizers said this week's demonstrations "were just the beginning" of what they're calling a "Summer of Heat" targeting big banks for their role in the climate emergency and for "polluting our land, air, and water, and threatening the health of children, families, and our planet." Citigroup is the world's second-largest fossil fuel financier.
"We're holding Citi accountable for financing dirty fossil fuels from Canada to Latin America and beyond," said Chief Na'moks of the Wet'suwet'en Nation, one of several Indigenous leaders who took part in the action. "Through people-powered resistance, we can give money a conscience and stop Citi's destruction of our planet."
Jonathan Westin, executive director of Climate Defenders, asserted that "Citigroup's racist funding of oil, coal, and gas is creating climate chaos that's devastating communities of color across the country."
"We're taking action to tell Citi that we won't put up with their environmental racism for one more day," Westin continued. "Our communities have reached the boiling point. Our children have asthma, our city's sky was orange, and our air polluted because of the climate crisis caused by Citi and Wall Street."
"We're going to keep organizing and taking direct action until Citi listens to us," he vowed.
Stop the Money Pipeline co-director Alec Connon said: "To have any chance of reigning in the climate crisis, we must stop investing in fossil fuel expansion. Yet, Citibank is pumping billions of dollars into new coal, oil, and gas projects."
"We're here to make it clear: If they're going to fund the companies disrupting our climate and our lives, we're going to disrupt their business," Connon added.
Activists have repeatedly targeted Citigroup in recent years as the megabank has pumped more than $300 billion into fossil fuel investments around the world since the Paris climate agreement.
According to the protest organizers:
Citi has provided $668 million in funding to Formosa Plastics between 2001-2021, which is trying to build a $9.4 billion plastics facility in a majority Black community in the heart of Cancer Alley in Louisiana.
Citigroup is also one of the biggest funders of state-run oil and gas companies in the Amazon basin, pumping in over $40 billion between 2016-2020, and a major backer of Petroperú, which has been involved in oil spills and Indigenous rights violations.
"From wildfires, heatwaves, and floods to deadly air pollution and mass drought, Citi's fossil fuel financing is killing us," said Alice Hu of New York Communities for Change. "We've sent polite petitions and had pleading meetings with bank representatives, but Citi refuses to stop pouring billions each year into coal, oil, and gas."
"That's why we're fighting for our lives now with the best tool we have left: mass, nonviolent disruptive civil disobedience," Hu added.
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A Biden administration spokesperson once again brushed off calls for an independent investigation into how hundreds of Palestinians found in mass graves near Gaza hospitals died when asked Thursday about new reports that many of the victims were tortured, summarily executed—and in some cases, buried alive by Israeli invaders.
During a Thursday U.S. State Department press conference in Washington, D.C., a reporter noted Gaza officials' claim that mass grave victims "including children were tortured before being killed" and that "some even showed signs of being buried alive, along with other crimes against humanity."
"What's wrong with an independent, scientific, forensic investigation?"
Noting calls by Palestinian officials and United Nations High Commissioner for Human Rights Volker Türk for an independent probe into mass graves, the reporter said that "this administration repeatedly said that it asks... the Israeli government to investigate itself."
"How does it ever make sense that the United States asks the accused party to examine itself and provide reports that you have previously said that you actually trust?" the reporter asked State Department Principal Deputy Spokesperson Vedant Patel. "What's wrong with an independent, scientific, forensic investigation?"
Patel replied: "We continue to find these reports incredibly troubling. And that's why yesterday you saw the national security adviser for this to be thoroughly investigated."
While National Security Adviser Jake Sullivan on Wednesday called reports of mass grave atrocities "deeply disturbing" and said that "we want answers" from Israel, he did not call for an independent investigation.
When the reporter pressed Patel on the legitimacy of asking Israel to investigate itself, Patel said, "we believe that through a thorough investigation we can get some additional answers."
Thursday's exchange followed a similar back-and-forth on Tuesday between Patel and Said Arikat, a journalist for the Jerusalem-based
Palestinian news outlet al-Quds who asked about the mass graves.
At least 392 bodies—including numerous women and children—have been found in mass graves outside Nasser Hospital in Khan Younis, southern Gaza, where Palestinian Civil Defense and other workers have been exhuming victims for nearly a week. Officials believe there are as many as 700 bodies in three separate mass graves.
Based on more recent exhumations, local Civil Defense chief Yamen Abu Sulaiman said during a Wednesday press conference that "we believe that the occupation buried alive at least 20 people at the Nasser Medical Complex."
"There are cases of field execution of some patients while undergoing surgeries and wearing surgical gowns," he stated, adding that some victims showed signs of torture and 10 bodies had medical tubes attached to them.
Gaza Civil Defense official Mohammed Mughier told reporters that "we need forensic examination" to definitively determine the causes of death for the 20 people believed to have been buried alive.
Previous reporting on the mass graves quoted rescue workers who said they found people who were apparently executed while their hands were bound, with some victims missing heads, skin, and internal organs.
Other mass graves have been found in Gaza, most notably on the grounds of al-Shifa Hospital, where Israeli forces last month committed what the Geneva-based Euro-Mediterranean Human Rights Monitor called "one of the largest massacres in Palestinian history."
It's also not the first time there have been reports of Israeli troops burying victims alive during the current war, in which Palestinian and international officials say Israeli forces have killed or wounded more than 122,000 Gazans, including at least 11,000 people who are missing and feared dead. Israeli forces attacking Kamal Adwan Hospital in Beit Lahia last December reportedly bulldozed and buried alive dozens of injured patients and displaced people.
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