April, 25 2013, 03:22pm EDT
![Earthjustice](https://assets.rbl.ms/32012672/origin.jpg)
For Immediate Release
Contact:
Abigail Dillen, Earthjustice (212) 845-7376, ext. 7378
Jenna Garland, Sierra Club, (404) 607-1262, ext. 222
Nathan Moore, Southern Environmental Law Center (615) 921-8013
Tierra Curry, Center for Biological Diversity, (971) 717-6402
Kelly Poole, Tennessee Environmental Council, (615) 248-6500
Conservation Groups Challenge TVA's Expensive Decision on Gallatin Plant
Environmental impacts of retrofitting aging coal facility not addressed
Nashville, TN
Conservation groups have filed a legal challenge to the Tennessee Valley Authority (TVA) on the grounds that TVA violated the National Environmental Policy Act when the federal power company finalized its plan to spend more than one billion dollars to retrofit the Gallatin Fossil Plant, a coal-fired power plant near Nashville. The Tennessee Scenic Rivers Association, Tennessee Environmental Council, Sierra Club, and Center for Biological Diversity are represented by Earthjustice and Southern Environmental Law Center in the suit. The Gallatin Fossil Plant is more than fifty years old and is one of the largest sources of air and water pollution in the state. If TVA's plans move forward, the coal-fired power plant will continue to pollute for decades to come.
"In its haste to spend more than one billion dollars of customer money to prop up an obsolete coal plant, TVA violated the law," said Louise Gorenflo, Beyond Coal chair of the Tennessee Chapter of the Sierra Club. "There is too much at stake for the Sierra Club and our partners to sit back and do nothing. The health and wellbeing of Tennessee's families, environment, and economy are at risk. That's why it is so important that TVA follow the law when making such important decisions."
To build the project, TVA would clear cut a forested Wildlife Management Area on Old Hickory Lake, replacing it with hundred-foot tall landfills of hazardous coal ash. TVA's plans will require the popular Cumberland River Aquatic Center to relocate; the Center is one of the world's most successful hatcheries of endangered freshwater mussels. Finally, by choosing to invest in an aging coal facility, TVA will increase costs for consumers over decades.
"Before filing today's challenge, these groups have used every other available option to urge TVA to comply with its legal obligations under the National Environmental Policy Act," said Nathan Moore, an attorney with Southern Environmental Law Center's Tennessee office. "From formal written comments, to letters to TVA's staff and board, to a public appeal at TVA's March board meeting, these groups have pressed TVA to take a hard look at the environmental and economic consequences of this proposal before making a costly decision that poses significant threats to the health and welfare of Tennesseans."
The conservation groups involved in the suit have repeatedly called on TVA to switch to cleaner power sources, including energy efficiency, rather than sinking a billion dollars into its plan, but TVA refused to analyze other options and failed to include the public in its decision-making process. The lawsuit charges that TVA's failure to consider other options and involve the public violated the National Environmental Policy Act (NEPA), the nation's bedrock environmental law.
"The decision to spend more than a billion dollars on a coal plant is a lost opportunity to invest in the clean energy solutions of the future," said Abigail Dillen, an attorney with Earthjustice, co-counsel on the case. "There is a choice here between helping and harming the environment, and TVA is making that choice without the benefit of meaningful environmental analysis. This case is about ensuring better decision making that takes advantage of lower cost, healthier alternatives to coal."
TVA has chosen to pursue its plans to spend more than $1 billion in spite of clear public opposition to the plan. Public Policy Polling conducted a poll of 600 Tennessee voters in February that found 73% of voters surveyed preferred TVA investing in an energy efficiency program to meet customers' energy needs, rather than spending more than one billion dollars to keep the Gallatin coal plant running past its prime. In addition, thousands of Tennesseans signed petitions and hundreds of Nashville area residents attended the People's Public Hearing in February, calling on TVA to reconsider its decision. TVA did not hold a public meeting to gather input from Tennessee residents and TVA ratepayers.
"My concerns are if there's "No Significant Impact" from the TVA Coal Plant retrofit, then why is the Wildlife Management Area being closed to store waste? With TVA embracing renewable energy, why are we spending a billion dollars to refit an outdated, fossil fuel plant when this money could be spent on up-to-date technology that leaves minimal impact on our environment?" asked Charlie Wilkerson, president of the Tennessee Scenic Rivers Association.
"Tennessee is home to more kinds of freshwater fish and mussels than almost anywhere in the world. TVA's reckless decision to continue to burn coal puts these endangered species and the health of human communities at risk," said Tierra Curry, conservation biologist at the Center for Biological Diversity.
"Our natural resources form the backbone of Tennessee's economy, quality of life, and heritage. We must work to ensure that decisions concerning the future of Tennessee citizens are not made lightly." said Kelly Poole, an attorney with the Tennessee Environmental Council.
The Southern Environmental Law Center and Earthjustice filed the groups' complaint in the federal district court in Nashville on Thursday morning. If the complaint is successful, TVA must finally fairly weigh the options before it rather than plowing ahead with its massive investment in the fifty four year-old Gallatin plant.
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
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Labour Ditches Tory Plan to Oppose ICC Request for Netanyahu Arrest Warrant
Now the United Kingdom's government must "stop selling Israel weapons," said one observer.
Jul 26, 2024
The United Kingdom's newly elected Labour government abandoned plans by its Tory predecessor to challenge the International Criminal Court's May application for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
Under Conservative leadership, the U.K. joined the U.S., Germany, and other Israel allies in condemning the ICC prosecutor's application for arrest warrants against the top Israeli officials for alleged war crimes in Gaza, including "starvation of civilians as a method of warfare" and "extermination."
The ICC prosecutor also applied for arrest warrants against Hamas leaders over atrocities committed in Israel on October 7.
As The Financial Timesreported, U.K. Prime Minister Keir Starmer "had until Friday to decide whether to make legal arguments to support questions raised by the previous Conservative government over the ICC's jurisdiction to issue warrants against Netanyahu and his defense minister."
A spokesperson for the Labour government said it would "not be pursuing this in line with our long-standing position" that "it's a matter for the courts to decide."
"Well done to the millions of people across the country who have made it clear that they refuse to be complicit in war crimes."
Humanitarians applauded the government's decision. Rohan Talbot, director of advocacy and campaigns at Medical Aid for Palestinians, called Tory opposition to the proposed arrest warrants "a disgraceful attempt to delay justice."
"I hope the new government will now throw its full support behind the court and uphold any warrants issued," Talbot added.
Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, also welcomed the move and urged the government to "stop selling Israel weapons." Between October 7 and May 31, the U.K. government issued more than 100 arms export licenses to Israel, according to official figures reported by The Guardian.
Reutersreported earlier this week that in documents released Tuesday, "judges granted permission to 18 states including the U.S., Germany, and South Africa to file written submissions to the ICC about its proposed arrest warrants for Netanyahu, Gallant, and Hamas leaders.
"While there is no set deadline to rule on the prosecution request for arrest warrants," the news agency noted, "allowing dozens of legal arguments will slow the process by the three-judge panel deciding on the matter."
Former Labour Leader Jeremy Corbyn, who won reelection to his Islington North seat as an Independent following his expulsion from the Labour Party, called the Starmer government's decision to ditch the Tories' opposition to the ICC arrest warrant requests "an important first step in respecting the universal application of international law."
"Well done to the millions of people across the country who have made it clear that they refuse to be complicit in war crimes," Corbyn added. "We will continue to demand an end to the massacre in Gaza, an end to all arms sales to Israel, and an end to the occupation of Palestine."
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US Healthcare Workers Back From Gaza Tell Harris and Biden: 'End This Madness'
"Every day that we continue supplying weapons and munitions to Israel is another day that women are shredded by our bombs and children are murdered with our bullets."
Jul 26, 2024
As President Joe Biden and Vice President Kamala Harris met with Israeli Prime Minister Benjamin Netanyahu at the White House on Thursday, dozens of American healthcare workers who recently volunteered in the Gaza Strip urged the U.S. leaders to do everything in their power to end Israel's assault on the enclave, citing the horrors they witnessed firsthand.
In an open letter addressed to Biden, Harris, and First Lady Jill Biden, 45 physicians, surgeons, and nurses wrote that "we wish you could see the nightmares that plague so many of us since we have returned: dreams of children maimed and mutilated by our weapons, and their inconsolable mothers begging us to save them."
"We wish you could hear the cries and screams our consciences will not let us forget," the letter reads. "We cannot believe that anyone would continue arming the country that is deliberately killing these children after seeing what we have seen."
The healthcare workers called on the Biden administration to "withhold military, economic, and diplomatic support from the state of Israel and to participate in an international arms embargo of both Israel and all Palestinian armed groups until a permanent cease-fire is established, and until good-faith negotiations between Israel and the Palestinians lead to a permanent resolution of the conflict."
"We are not politicians. We do not claim to have all the answers," they continued. "We are simply physicians and nurses who cannot remain silent about what we saw in Gaza. Every day that we continue supplying weapons and munitions to Israel is another day that women are shredded by our bombs and children are murdered with our bullets. President Biden and Vice President Harris, we urge you: End this madness now!"
This is an open letter addressed to @POTUS, @VP , and @FLOTUS signed by 45 American physicians and nurses, about what we saw while working in Gaza. Please feel free to distribute. A PDF can be downloaded from the link and/or QR code on page 1. pic.twitter.com/LHVvmeAFad
— Feroze Sidhwa (@FerozeSidhwa) July 25, 2024
The letter was released as Netanyahu, fresh off his widely condemned address to the U.S. Congress, met separately on Thursday with Biden and Harris, the presumptive Democratic presidential nominee.
In remarks following her meeting with Netanyahu, Harris said that "what has happened in Gaza over the past nine months is devastating," pointing to "the images of dead children and desperate, hungry people fleeing for safety, sometimes displaced for the second, third, or fourth time."
"We cannot look away in the face of these tragedies," the vice president added. "We cannot allow ourselves to become numb to the suffering. And I will not be silent."
Harris said she told Netanyahu directly to "get this deal done"—referring to a cease-fire agreement with Hamas—but, as expected, she did not break with the administration on supplying arms to the Israeli military.
While there has been no obvious policy change from the administration now that Harris has taken over for Biden at the top of the Democratic Party's presidential ticket, Trita Parsi of the Quincy Institute for Responsible Statecraft argued that the vice president "clearly broke with Biden on Israel in terms of rhetoric and tone."
Parsi also contended that there was "a substance shift."
"Biden has disingenuously claimed that Hamas blocked a cease-fire deal," Parsi wrote on social media. "By saying that she urged Netanyahu 'to clinch the deal,' Kamala pointed to the real obstacle."
BREAKING: VP Harris speaks after meeting with Israeli PM Netanyahu
Harris calling for an immediate cease-fire deal to free the hostages.
The VP saying she “will not be silent" about the suffering in Gaza, the "devastating" loss of life and the "dire" humanitarian crisis. pic.twitter.com/Fe5QPoOuFh
— MSNBC (@MSNBC) July 25, 2024
In their letter to Harris and Biden, the healthcare workers wrote that Israel "has directly targeted and deliberately devastated Gaza's entire healthcare system" and "targeted our colleagues in Gaza for death, disappearance, and torture." According to figures from the United Nations Human Rights Office, Israeli forces have killed one in every 40 healthcare workers in the Palestinian territory since October as diseases spread and the number of Gazans killed or wounded continues to grow by the hour.
The healthcare workers expressed the view that—based on available evidence and their experiences—"the death toll from this conflictis many times higher than what is reported by the Gaza Ministry of Health," which currently stands at over 39,100.
"We also believe this is probative evidence of widespread violations of American laws governing the use of American weapons abroad, and of international humanitarian law," they continued. "We cannot forget the scenes of unbearable cruelty directed at women and children that we witnessed ourselves."
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'Tragic Outcome' for Gig Workers as California Supreme Court Hands Win to Uber, DoorDash
"Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers," the case plaintiff said.
Jul 25, 2024
Labor advocates on Thursday decried a ruling by the California Supreme Court upholding a lower court's affirmation of a state ballot measure allowing app-based ride and delivery companies to classify their drivers as independent contractors, limiting their worker rights.
The court's seven justices ruled unanimously in Castellanos v. State of California that Proposition 22, which was approved by 58% of California voters in 2020, complies with the state constitution. Prop 22—which was overturned in 2021 by an Alameda County Superior Court judge in 2021—was upheld in March 2023 by the state's 1st District Court of Appeals.
The business models of app-based companies including DoorDash, Instacart, Lyft, and Uber rely upon minimizing frontline worker compensation by categorizing drivers as independent contractors instead of employees. Independent contractors are not entitled to unemployment insurance, health insurance, or compensation for business expenses.
There are approximately 1.4 million app-based gig workers in California, according to industry estimates.
While DoorDash hailed Thursday's ruling as "not only a victory for Dashers, but also for democracy itself," gig worker advocates condemned the decision.
"Over the last three years, gig workers across California have experienced firsthand that Prop 22 is nothing more than a bait-and-switch meant to enrich global corporations at the expense of the Black, brown, and immigrant workers who power their earnings," plaintiff Hector Castellanos, who drives for Uber and Lyft, said in a statement.
"Prop 22 has allowed gig companies like Uber, Lyft, and DoorDash to deprive us of a living wage, access to workers compensation, paid sick leave, and meaningful healthcare coverage," Castellanos added. "Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers."
Lorena Gonzalez, president of the California Federation of Labor Unions, AFL-CIO, said that "we are deeply disappointed that the state Supreme Court has allowed tech corporations to buy their way out of basic labor laws despite Proposition 22's inconsistencies with our state constitution."
"These companies have upended our social contract, forcing workers and the public to take on the inherent risk created by this work, while they profit," she continued. "A.B. 5 granted virtually all California workers the right to be paid for all hours worked, health and safety standards, unemployment insurance, workers compensation, and the right to organize."
"Rideshare and delivery drivers deserve those rights as well," Gonzalez stressed.
The Gig Workers Rising campaign said on social media that "Uber and other app corporations spent $220 million to buy this law, and they did it by tricking Californians."
Prop 22's passage in November 2020 with nearly 59% of the vote was the culmination of what was by far the most expensive ballot measure in California history. App-based companies and their backers outspent labor and progressive groups by more than 10 to 1, with proponents pouring a staggering $204.5 million into the "yes" campaign's coffers against just $19 million for the "no" side.
"Voters were told the initiative would provide us with 'historic new benefits' and guaranteed earnings," said Gig Workers Rising. "But since it went into effect, drivers have seen our pay go down, learned the benefits are a sham, and have to accept unsafe rides because of the constant threat of being 'deactivated,' kicked off the app with little explanation or warning."
"If Uber really cared about good benefits and fair wages, it could make that happen tomorrow," the campaign added. "Instead, it has shown it would rather slash pay, bamboozle voters, and put drivers' lives and livelihoods in danger—all while promising $7 billion in stock buybacks to banks and billionaires."
Veena Dubal, a law professor at the University of California, Irvine who focuses on labor and inequality, toldCalMatters that Thursday's ruling was "a really tragic outcome," but "it's not the end of the road."
Dubal's sentiment was echoed by some California state legislators, who said the ruling presents an opportunity to act.
"While this decision is frustrating, it must also be motivating," said state Senate Labor Committee Chair Lola Smallwood-Cuevas (D-28). "I'm more determined than ever to ensure that all workers—including our diverse and Black, Indigenous, and people of color-led gig workforce—have the basic protections of workers compensation, paid sick leave, family leave, disability insurance, and the right to form a union."
Prop 22 has served as a template for lawmakers in other states seeking to deny or limit basic worker rights, benefits, and protections.
In Massachusetts, app-based companies have been fighting for years to get a measure to classify drivers as contractors on the state ballot. In 2022, Lyft made the largest political donation in state history—$14.4 million—to a coalition funding one such proposal.
Last month, Uber and Lyft reached an agreement with the office of Massachusetts Attorney General Andrea Campbell, a Democrat, to pay $175 million to settle a lawsuit filed in 2020. As part of the deal, the companies also agreed to increase driver pay and provide paid sick leave, accident insurance, and some health benefits. The agreement does not address how app-based gig workers should be classified.
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