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For Immediate Release
May, 30 2012, 03:49pm EDT
Contact:
Tierra Curry, (928) 522-3681
Lawsuit Filed to Protect Crayfish Threatened by Mountaintop-removal Mining in Kentucky, Virginia and West Virginia
The Center for Biological Diversity filed a lawsuit against the U.S. Fish and Wildlife Service today for the agency's failure to make a listing decision on a petition to protect the Big Sandy crayfish under the Endangered Species Act. The crayfish has been lost from up to 70 percent of its range because of water pollution from mountaintop-removal coal mining. It is nearly gone from West Virginia and has lost close to half of its range in Kentucky and Virginia.
CHARLESTON, W.V.
The Center for Biological Diversity filed a lawsuit against the U.S. Fish and Wildlife Service today for the agency's failure to make a listing decision on a petition to protect the Big Sandy crayfish under the Endangered Species Act. The crayfish has been lost from up to 70 percent of its range because of water pollution from mountaintop-removal coal mining. It is nearly gone from West Virginia and has lost close to half of its range in Kentucky and Virginia.
"The Big Sandy crayfish is only found in Appalachia, where mountaintop removal and other sources of pollution are driving it extinct," said Tierra Curry, a Center biologist and a native of southeastern Kentucky, where the crayfish is found. "Mountaintop-removal coal mining is ruining the water -- both for wildlife and for people. If we protect streams for crayfish, we'll also be protecting people."
The Center and regional allies petitioned to protect the crayfish in 2010. In 2011 the Service determined that the crayfish "may warrant" protection as an endangered species, but it has failed to take the next required step, a 12-month finding on whether protection is warranted. The crayfish is threatened primarily by pollution from surface coal mining but also by proposed interstate construction in West Virginia and pollution from logging and leaking septic tanks.
The Big Sandy crayfish is known from Buchanan, Dickenson, Giles and Wise counties in Virginia, and from Logan, Mercer and Wyoming counties in West Virginia. In Kentucky it is known from Clark, Estill, Floyd and Pike counties, but could occur in more counties in the eastern part of the state.
Pollution from mountaintop-removal coal mining has been associated with increased risk of cancer and birth defects in humans. More than 2,000 miles of streams in Appalachia have been degraded by this mechanized form of mining, which employs far fewer people than other forms.
Crayfish are also known as crawdads, crawfish, mudbugs and freshwater lobsters. They're considered to be a keystone animal because the holes they dig create habitat used by more than 400 other species, including bass, catfish, frogs and small mammals. Crayfish keep streams cleaner by eating decaying plants and animals, and they are eaten in turn by fish, giant salamanders and raccoons, making them an important link in the food chain. Their burrowing activity helps maintain healthy soil by transferring nutrients between soil layers.
The Southeast is home to more kinds of freshwater animals than anywhere else in the world, but the region has recently lost more than 50 freshwater animals to extinction. The Center is working to save more than 400 vanishing southeastern aquatic species.
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
(520) 623-5252LATEST NEWS
A 'Dirty Deal With Trump': Hochul Draws Fury Over Fracked Gas Pipeline Approval
"Under Gov. Hochul’s leadership, New Yorkers’ voices were silenced to appease President Trump’s fossil fuel priorities," said one critic.
Nov 07, 2025
Democratic New York Gov. Kathy Hochul came under fire Friday after her administration approved a previously rejected fracked gas pipeline over the objection of climate and conservation campaigners.
The New York Department of Environmental Conservation (DEC) announced approval of permits including a Clean Water Act Section 401 Water Quality Certification for the proposed Northeast Supply Enhancement (NESE) pipeline. Commonly known as the Williams Pipeline, the expansion project involves the construction of a 23.5-mile fracked gas conduit beneath the Raritan Bay and Lower New York Bay. The pipeline would carry hydraulically fractured gas from Pennsylvania across New Jersey and into New York.
“As governor, a top priority is making sure the lights and heat stay on for all New Yorkers as we face potential energy shortages downstate as soon as next summer,” Hochul said in a statement. “We need to govern in reality.”
DEC assured that it is "committed to closely monitoring the project’s construction and adherence to all permit conditions to ensure the full protection of New York’s waterways."
This, after the agency twice denied water quality certification for the same pipeline for failing to demonstrate compliance with state quality standards.
In 2020, the DEC under then-Gov. Andrew Cuomo, who is also a Democrat, denied certification for the project after finding that the proposed pipeline was likely to harm water quality by stirring up sediment and other contaminants that “would disturb sensitive habitats, including shellfish beds.”
The advocacy group New York Communities for Change noted in a fact sheet that the project "would jack up already-high utility bills" and be a "super-polluter" that would "generate about 8 million tons of additional climate-heating and asthma-inducing air pollution each year."
"The pollution would also foul our water, including stirring up toxic waste during the construction process," the group added. "The project would especially hurt people on the Rockaways, a majority African American community, where it would terminate."
BREAKING: Hochul just did Trump’s bidding by approving the massive Williams fracked gas pipeline.Hochul’s dirty deal with Trump will jack up our utility bills, pollute our air & water, and cook the climate.Join us at 3:30 outside her office 919 3rd Avenue to protest TODAY.
— New York Communities for Change (@nychange.bsky.social) November 7, 2025 at 9:22 AM
However, Williams Companies, the group behind the project, filed a new application this year amid pressure from President Donald Trump for Hochul to green-light construction.
“Today’s decision by New York is a complete reversal of their two previous determinations to reject this pipeline project over threats to the state’s water resources," Mark Izeman, senior attorney for environmental health at the Natural Resources Defense Counsel, said in a statement Friday.
"The pipeline proposal is exactly the same, and state and federal law is the same, so there is no legal or scientific basis for taking a 180 degree turn from the state’s past denials," Izeman continued. "If built, the pipeline would tear up 23 miles of the New York-New Jersey Harbor floor; destroy marine habitats; and dredge up mercury, copper, PCBs, and other toxins."
The project "would also harm sensitive shellfish beds and fishing areas, and undercut billions of dollars New York has invested to improve water quality in the harbor," he added.
Earthjustice New York policy advocate Liz Moran said that “it is shameful that Gov. Hochul and her Department of Environmental Conservation made a decision that fails to protect New Yorkers and our precious waterways."
"We are reviewing the certificate and evaluating our options," Moran added. "The certificate application hasn’t changed since being previously rejected by the DEC, water quality standards haven’t changed—only the political context has changed, and that’s not a basis to completely reverse course.”
Sane Energy Project director Kim Fraczek also condemned the approval, asserting that "under Gov. Hochul’s leadership, New Yorkers’ voices were silenced to appease President Trump’s fossil fuel priorities."
"Hochul has made it abundantly clear that she will abdicate her responsibility as governor, violate New York’s signature climate law, dismiss the environmental and affordability struggles facing New Yorkers, and bend the knee to Trump for political expediency," Fraczek added.
Roger Downs, conservation director at the Sierra Club’s Atlantic chapter, said, "It is truly a sad day when New York leaders cave to the Trump administration and agree to build pipelines that New Yorkers do not need and cannot afford."
“This decision is an affront to clean water, energy affordability, and a stable climate," Downs added.
Food & Water Watch New York state director Laura Shindell called Hochul's approval "a betrayal of New Yorkers."
“In granting the certification for this pipeline, Gov. Hochul has not only sided with Trump, she’s fast-tracked his agenda," she continued. "Hochul has shown New Yorkers she’d prefer to do Trump’s dirty work rather than protect our waterways from pollution."
"She hasn’t kept her promises to fight against skyrocketing energy bills or the climate crisis," Shindell added. "But New Yorkers will fight Hochul’s dirty pipeline every step of the way—alongside our communities—until it is stopped for good.”
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Appealing SNAP Ruling, Trump Is Determined to Make Sure Poor Americans Don’t Get Food Assistance
"The administration’s legal maneuver sends a clear and devastating message: that the well-being of America’s most vulnerable is not important," said the president of the Food Research & Action Center.
Nov 07, 2025
The Trump administration will not give poor Americans food assistance without a fight.
Instead of following a federal judge’s ruling Thursday that ordered officials to release Supplemental Nutrition Assistance Program (SNAP) funds to 42 million Americans by the next day, the Department of Justice (DOJ) asked an appeals court to immediately block the ruling on Friday.
The Trump administration has argued that due to the government shutdown, the SNAP program, which provides food assistance to those making 130% of the federal poverty line or less, functionally does not exist.
In an emergency request to the 1st Circuit Court of the United States, the DOJ called the lower court's ruling, "unprecedented" and argued that it makes "a mockery of the separation of powers.”
Furthering what has been widely interpreted as an effort to pressure Democrats to cave on their demands in the government shutdown, the appeal stated that the lapse in SNAP funding was caused by “congressional failure, and... can only be solved by congressional action.”
US District Judge John McConnell of Rhode Island, in his second ruling against the administration's efforts to choke off SNAP benefits, wrote the previous day that the administration's plan to partially fund the program was insufficient. The previous week, McConnell had ruled that the administration had to tap a $5 billion contingency fund to fund the program and make up for the shortfall by drawing from other sources.
The administration agreed to use the contingency fund but offered a plan that fell several billion dollars short of fully funding the program and would have amounted to a 61% benefit cut for the average SNAP recipient, leaving millions without benefits altogether, according to an analysis by the Center on Budget and Policy Priorities.
While the administration has sought to pin the blame for funding lapses on Democrats in Congress and has asserted that its hands are tied, McConnell described the administration's maneuvering as a deliberate political stunt.
"This is a problem that could have and should have been avoided," McConnell said. “The defendants failed to consider the practical consequences associated with this decision to only partially fund SNAP... It’s likely that SNAP recipients are hungry as we sit here."
He added that Trump had essentially telegraphed his plan to defy the court order over the weekend, writing on Truth Social that “SNAP payments will be given only when the government opens.”
This, along with messages on the US Department of Agriculture (USDA) website blaming Democrats for the lapse in funding, McConnell suggested, was evidence that “SNAP benefits are being withheld for political reasons.”
“Children are immediately at risk of going hungry,” McConnell said. “This should never happen in America.”
More than 1 in 8 Americans rely on the SNAP program, 39% of whom are children. As the CBPP report explained, families with children would likely be those hardest hit under Trump's partial funding proposal.
"Nearly 1.2 million SNAP households with roughly 4.9 million people—roughly 1 in 9 SNAP recipients—will receive zero benefits because their normal benefit amount is less than the planned benefit reduction," it says. "Only one-or two-person households receive a minimum benefit under SNAP rules, leaving some households with three or more members—which are primarily households with children—at risk of receiving nothing."
The USDA has also issued a warning to grocery stores telling them it is illegal for them to offer special discounts to SNAP recipients hurt by the freeze, even though the government is allowed to grant them waivers. On Thursday, Sen. Ron Wyden (D-Ore.) introduced a bill that would allow grocery stores to voluntarily offer discounts to SNAP recipients whenever their benefits are affected by a government shutdown.
“Donald Trump is the most powerful person in the world,” Wyden said. “Only a monster would use that power to deny help to millions of families that don’t know where their next meal is coming from.”
As the CPBB has noted, contrary to its claims, nothing is stopping the Trump administration from transferring funds from other food assistance programs to fund SNAP fully. It has already done this twice to sustain the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), which a court ruled was legal.
"Instead of using the funding that has been readily available to feed people, this administration continues to fight to deny tens of millions from accessing the nutrition they need," said Crystal FitzSimons, president of the Food Research & Action Center. "For some unfathomable reason, the Trump administration wants to punish the 42 million people, including children, working parents, older adults, people with disabilities, and veterans, who rely on SNAP to put food on the table."
She added that "at a time when food insecurity is rising due to increasing grocery prices, the administration’s legal maneuver sends a clear and devastating message: that the well-being of America’s most vulnerable is not important."
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Medicare Advantage, Privatized Medicaid Could Cost Americans $2 Trillion Extra Over Next Decade
"If the administration were serious about curbing waste and inefficiency, it would start by reducing the diversion of public funds to these corporate intermediaries," argues a new paper.
Nov 07, 2025
US President Donald Trump and his Republican allies in Congress took a sledgehammer to Medicaid over the summer, justifying the unprecedented cuts by falsely claiming the program that provides health coverage to tens of millions of low-income Americans is overrun with waste and abuse.
But a new paper published Friday in the journal Health Affairs argues that if the administration actually wanted to target waste, fraud, and abuse, it would have been much better off taking aim at Medicare Advantage (MA) and Medicaid privatization.
The paper's authors estimate that overpayments to MA plans—which are funded by the government and run by for-profit insurers—and private Medicaid managed care will likely cost US taxpayers a total of $1.92 trillion over the next 10 years.
"Ending that waste would inflict losses on private insurers' shareholders and executives (the CEO of the largest MA firm made $26.3 million last year). But patients, not just government coffers, might gain," wrote Adam Gaffney, Danny McCormick, Steffie Woolhandler, and David Himmelstein.
"Even Congress' trillion-dollar cuts to Medicaid and food assistance amount to little more than half of the potential savings from de-privatizing Medicaid and Medicare," they added. "Reclaiming those funds would require reversing the decades-long trend of outsourcing to profit-seeking intermediaries and restoring Medicare and Medicaid as efficiently administered public programs."
Far from aggressively taking on Medicare Advantage fraud, the Trump administration handed MA plans a major gift earlier this year by approving an average federal payment increase of roughly 5.1%—more than double the 2.2% increase proposed by the Biden administration in January.
The authors of the new paper noted that the huge raise for MA plans, which are notorious for denying necessary care in pursuit of ever-larger profits, will add $25 billion in waste to the US healthcare system next year alone.
"If the administration were serious about curbing waste and inefficiency," they wrote, "it would start by reducing the diversion of public funds to these corporate intermediaries."
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