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Kathryn Douglass [PEER] (202) 265-7337;
Paige Tomaselli [CFS] (415) 826-2770
A lawsuit filed today in federal court against the U.S. Fish & Wildlife Service (FWS) seeks to end cultivation of genetically engineered (GE) crops on twenty-five national wildlife refuges across the U.S. Southeast. The suit is the latest step in a campaign to banish GE crops from all refuges.
Filed in the U.S. District Court for the District of Columbia by Public Employees for Environmental Responsibility (PEER), the Center for Food Safety (CFS) and Beyond Pesticides, the federal suit charges that the Fish & Wildlife Service unlawfully entered into cooperative farming agreements and approved planting of GE crops in eight states (AL, AR, GA, KY, LA, NC, SC and TN) without the environmental review required by the National Environmental Policy Act (NEPA) and in violation of FWS policy.
This is the third in a series of lawsuits filed by CFS and PEER challenging FWS's practice of permitting GE crops on wildlife refuges. In 2009 and 2010, the groups successfully challenged approval of GE plantings on two wildlife refuges in Delaware - Prime Hook and Bombay Hook National Wildlife Refuges - which forced FWS to end GE planting in the entire 12-state Northeastern region.
National wildlife refuges have allowed farming for decades despite the interference by farming with the protection of wildlife and native grasses. In recent years refuge farming has been converted to GE crops because the agency claims GE seed is the only seed farmers can obtain today. These GE crops are mostly engineered for a single purpose: to be resistant to herbicides, mainly Monsanto's ubiquitous Roundup. Because the crops are immune, their usage leads to more frequent applications and increased amounts of toxic herbicides. This over-reliance on herbicides used in GE cropping systems has fostered an epidemic of "super weeds" in the past decade as weeds have mutated, similar to antibiotic resistance. Farming of GE crops has also led to the uncontrolled spread of the engineered DNA to conventional, organic crops or wild relatives, contaminating the wild.
"GE crops are the last thing that should be introduced onto a national wildlife refuge," stated PEER Counsel Kathryn Douglass, who has also filed cases under the Freedom of Information Act seeking detailed information about the Obama "White House Agricultural Biotechnology Working Group" which is working to promote planting GE crops on National Wildlife Refuges. "Under high-level pressure, the Fish & Wildlife Service has to abandon wildlife biology to practice political science."
Scientists have warned that these engineered, herbicide-resistant crops lead to increased pesticide use on refuges and can have other negative effects on birds, aquatic animals, and other wildlife. In the Prime Hook case, Federal District Court Chief Judge Gregory Sleet found that "it is undisputed that farming with genetically modified crops at Prime Hook poses significant environmental risks."
"These genetically engineered crops are engineered by chemical companies like Monsanto for one purpose: to promote indiscriminate herbicide use and sell more of their herbicides," said Paige Tomaselli, Staff Attorney with the Center for Food Safety. "Dousing wildlife refuges with herbicides harms wildlife, damages biodiversity, and otherwise undermines the underlying significance of refuges: to serve as a safe haven for wildlife. These herbicide-promoting crops have absolutely no place on our protected national lands."
If successful, the suit will enjoin the cultivation of GE crops in the Southeast Region until and unless a new approval decision is made based on a rigorous review of all potential impacts in an Environmental Impact Statement (EIS), as required by NEPA. Meanwhile, unless practices and DOI policy on the refuges change, PEER and CFS will continue to challenge the cultivation of GE crops on refuges across the country.
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Read the complaint
See the 25 refuges targeted in the suit
Look at the lawsuit ending GE planting in Northeastern refuges
Examine the attempt to uncover the White House-Monsanto partnership
View the spread of GE crops across the National Wildlife Refuge System
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.
"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."