Support Common Dreams Today
Journalism that is independent, non-profit, ad-free, and 100% reader-supported.
#
To donate by check, phone, or other method, see our More Ways to Give page.
Hannah Chang, Earthjustice, (212) 845-7382
Jack Stewart, Buffalo River Watershed Alliance, (870) 715-0260
Emily Jones, National Parks Conservation Association, (865) 329-2424, ext. 26, cell (865) 335-4666
Robert Cross, The Ozark Society, (479) 466-3077
Debbie Doss, Arkansas Canoe Club, (501) 472-6873
A coalition of conservation and citizen groups filed suit today challenging the U.S. Department of Agriculture Farm Service Agency (FSA) and the U.S. Small Business Administration (SBA) for their inadequate review and improper authorization of loan guarantee assistance to C&H Hog Farms, a 6,500-pig factory farm located on a major tributary of the Buffalo National River, a national park site and the country's first national river. The groups set forth their concerns in a letter to the federal agencies dated June 6, 2013, and are bringing suit only after the agencies have made clear that they are not remedying their violations of the law. The suit was filed in United States District Court for the Eastern District of Arkansas, Western Division.
"FSA and SBA failed to provide the public notice and undertake the environmental review and consultations required by law, so we're asking the court to set aside the loan guarantees and instruct the agencies to comply," said Emily Jones of the National Parks Conservation Association. "We have asked FSA and SBA to do the right thing without litigation, but they have not, and today we find ourselves in court to protect the Buffalo River, a national treasure of immeasurable worth."
The Buffalo River travels through the heart of the Ozark Mountains in northwestern Arkansas, and runs beneath magnificent cliffs which at times extend nearly 700 feet above the river's clear, quiet pools and rushing rapids. One hundred thirty-five miles of the Buffalo comprise the national river, which attracts more than one million visitors each year who float the crystal waters, camp on the gravel bars, and hike the trails--generating $38 million toward the local economy.
"The Buffalo is an astonishingly beautiful natural resource, Arkansas' crown jewel," said Jack Stewart of the Buffalo River Watershed Alliance. "Siting an industrial hog facility so close to the river threatens to desecrate this national treasure, known to so many for its peaceful meanderings and the scent of wild azaleas in bloom."
The C&H facility is located on the banks of Big Creek, a tributary of the Buffalo River, in Mount Judea, Arkansas. Under a contract with Cargill, Inc., an international agricultural and food conglomerate, C&H will confine 6,500 pigs at a time making the operation the first of its size and scale in the Buffalo River watershed. The pigs will produce more than two million gallons of manure, wastewater and litter each year, which will be collected in open-air storage ponds on site and spread onto approximately 630 acres of land surrounding the farm and adjacent to the banks of Big Creek. These manure application fields are less than six miles upstream from Big Creek's confluence with the Buffalo National River, and several are located directly adjacent to Mount Judea School.
"Local residents will suffer the most from this absurdly located factory farm," said Debbie Doss of the Arkansas Canoe Club. "Residents of Mount Judea will be exposed, downwind, to the smell and adverse health effects of methane and hydrogen sulfide. A swine facility this large will put children at the Mount Judea School at high risk of health impacts including asthma and other respiratory conditions."
The C&H facility received more than $3.4 million in loan guarantee assistance from the federal government. FSA approved a loan guarantee for 90 percent of a $1,302,000 loan to C&H. SBA approved a loan guarantee for a $2,318,136 loan.
In providing this federal assistance, SBA undertook no environmental review whatsoever, while FSA prepared a deeply flawed and insufficient environmental assessment that fails to comply with the requirements of the National Environmental Policy Act (NEPA). Among multiple errors and omissions, FSA's environmental assessment incorrectly defines the acreage of the C&H facility, does not take into account nearby sensitive areas such as the Mount Judea School, and ignores the consequences of manure draining through the porous karst geology of the Buffalo River region.
"In the 60's and 70's the Ozark Society worked with Congress to have the Buffalo protected for posterity as the nation's first national river," said Robert Cross of the Ozark Society. "We have countered threats to the river before, but now face the biggest threat to date. Despite the assurances of C&H that they have the highest level of technology to prevent accidents, the siting of this facility in karst terrain and directly adjacent to a tributary of the Buffalo River will not require an accident to cause tremendous damage to the river and the surrounding environment. SBA and FSA should have, but did not, consider these factors in its review of the proposed project."
In addition, the notice of FSA's environmental assessment was never published in a local newspaper in Mount Judea. FSA also failed to inform the National Park Service Superintendent of the Buffalo National River of the environmental review as required, and the superintendent did not find out about the environmental assessment and guarantee assistance until well after it had been approved for the C&H operation. In a letter to FSA, the Park Service identified 45 problems with FSA's environmental assessment and stated that it was "so woefully inadequate that it should immediately be rescinded."
"The rubber-stamping of the requested loan guarantees, the inadequate review of the environmental consequences, and the failure to notify the local community and to consult with sister agencies as required, makes a mockery of the law and puts a national treasure in harm's way," said Hannah Chang, attorney with the public interest law firm Earthjustice. "It should never have come to this point, and we are in court to make sure it is put right and doesn't happen again."
Earthjustice, Earthrise Law Center, and local attorney Hank Bates are representing the Arkansas Canoe Club, Buffalo River Watershed Alliance, National Parks Conservation Association, and The Ozark Society in filing this complaint against the USDA and SBA.
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.
800-584-6460"Charging or jailing the killers is not enough," said the national director of the Working Families Party. "Justice is changing the conditions so no one dies during a traffic stop."
This is a developing story… Please check back for possible updates...
Editor's note: The videos at the end of this article contain graphic and violent content.
The city of Memphis, Tennessee on Friday night released four videos of the January 7 arrest of Tyre Nichols, a 29-year-old Black motorist who died after being beaten by five officers who were subsequently fired and charged with murder.
The footage was privately seen by Nichols' family on Monday. Three of the videos are from body-worn cameras issued by the Memphis Police Department (MPD). Another is from a camera mounted on a pole and contains no audio.
Before the videos were released, MPD Chief Cerelyn "C.J." Davis warned that they show "acts that defy humanity."
Nichols was pulled over by Memphis officers for alleged reckless driving that Davis has since said her department has been "unable to substantiate." After three days in the hospital, he died on January 10 from cardiac arrest and kidney failure.
\u201cA young father, son, skateboarder, a photographer. This is who Tyre Nichols was.\n\nHe should still be alive today.\nhttps://t.co/JbsgEMTxMI\u201d— Vera Institute of Justice (@Vera Institute of Justice) 1674862160
"I am disturbed and disgusted by the sheer brutality and lack of humanity on display in the footage released today," said NAACP president and CEO Derrick Johnson in a statement Friday night. "No person should ever be subjected to such violence, to have to call for their mother as they are being brutalized by police."
"This video is a stark reminder that in America, on any day of the week, a Black person can be brutally beaten to death less than a hundred feet from his home by those who are supposedly here to 'serve and protect' our communities," he continued. "Let me be clear—a traffic stop should not result in the brutal death of an unarmed man—period."
\u201cCPC Chair @RepJayapal and CPC Policing, Constitution, Equity Task Force Chair @RepBonnie echo community demands for justice for Tyre Nichols and call for fundamentally reimagining public safety in their statement on the release of the body camera footage of his killing.\u201d— Progressive Caucus (@Progressive Caucus) 1674865377
As Common Dreamsreported Thursday, former MPD cops Tadarrius Bean, Demetrius Haley, Justin Smith, Emmitt Martin III, and Desmond Mills Jr.—who are all Black—were charged with second-degree murder and various other crimes.
In a series of tweets responding to the charges, ColorOfChange president Rashad Robinson said Friday, "Let's be clear, while the mass movement of people demanding some level of accountability has succeeded in this one instance, convictions aren't the goal."
"WE WANT AN END TO POLICE MURDERS OF BLACK PEOPLE. So, this moment isn't about Black vs. white, it's about blue vs. Black. Diversity cannot and does not solve systemic problems," he continued. "If we don't change the structure of policing and safety in our country, Black people will continue to be killed, by police of all races. The evidence is clear—investing in communities will keep us safe, not the police."
\u201cCharging or jailing the killers is not enough. Justice is changing the conditions so no-one dies during a traffic stop.\n\nPolicing is fundamentally broken. Trading white officers for Black ones was never a solution.\n\nIf we're serious about public safety, we'll fund our communities\u201d— Maurice Moe Mitchell \ud83d\udc3a (@Maurice Moe Mitchell \ud83d\udc3a) 1674866194
Damon Hewitt, president and executive director of the Lawyers' Committee for Civil Rights Under Law, said Friday evening that "Tyre's death is a bitter reminder of the Black lives that we've lost due to police brutality. Thirty years ago, we were horrified by the footage of police beating Rodney King. And yet, despite our decades of protest, we're still fighting the same battle."
"The only difference now is more of the horrific incidents are being captured on video, whether it be bodycams or bystanders," he added. "Tinkering at the margins of a violent police state is not enough. It never was. This death must amount to more than just another viral moment or hashtag. It must spark a serious reconsideration and shifting of priorities, deployment, and resources."
Before the footage was released, major cities across the United States were preparing for potential Friday evening protests.
According toThe Associated Press:
As a precaution, Memphis-area schools canceled all after-class activities and postponed an event scheduled for Saturday morning. Other early closures included the city power company’s community offices and the University of Memphis.
Nichols' mother, RowVaughn Wells, warned supporters of the "horrific" nature of the video but pleaded for peace.
"I don't want us burning up our city, tearing up the streets, because that's not what my son stood for," she said Thursday. "If you guys are here for me and Tyre, then you will protest peacefully."
Noting that "there's been a lot of focus on the perceived threat of violence,"MLK50: Justice Through Journalism, a nonprofit Memphis newsroom, on Friday published a collection of stories and columns "to add context to this tragedy" for those who may be unfamiliar with "the antagonistic relationship police have cultivated with the community, dating back decades."
The coalition Decarerate Memphis shared on Twitter demands from Nichols' family and the community, including reforms to reduce the chances of similar future events.
\u201c\ud83d\udea8\ud83d\udea8\ud83d\udea8 Save and share everywhere. We demand #JusticeforTyreNichols\u201d— Decarcerate Memphis (@Decarcerate Memphis) 1674851240
The Movement for Black Lives tweeted advice on "how to limit viewing sensitive content" on social media platforms, for those who do not want to be traumatized by the footage.
\u201cToday a video of Tyre Nichols\u2019 murder will be released. Do not share it. Do not traumatize our people further by putting it in front of us. We feel the overwhelming rage and grief without subjecting ourselves to a video of his life being taken.\nTo protect yourself online: \u2b07\ufe0f\u201d— Movement 4 Black Lives (@Movement 4 Black Lives) 1674850469
"We grieve with Tyre's family, friends, and the entire Memphis community," the movement said in a statement. "Had those officers not pulled Tyre over, he would be here right now with his four-year-old son, taking photos of sunsets and skateboarding. Yet, even as we try to grieve and stand in solidarity with Tyre's family, we know the police are ramping up to criminalize our actions—meeting our calls for justice and accountability with more state violence and suppression."
Editor's note: The videos below contain graphic and violent content.
"These lobbyists are not getting hired to advocate for American energy consumers—they will push an agenda that benefits the new majority's donors no matter what it costs taxpayers."
An analysis published Friday by the nonpartisan watchdog Accountable.US revealed that numerous former fossil fuel lobbyists are being hired to work for the Republican-controlled 118th Congress, including in high-level positions on the House Natural Resources Committee.
"As the Republicans majority begins the new Congress, former oil industry lobbyists will have new and growing influence as top staffers for congressmen on key committees," the analysis states.
Accountable.US detailed the close ties between Nancy Peele—chief of staff to House Natural Resources Committee Chair Bruce Westerman (R-Ark.)—and fossil fuel interests.
"It's no surprise that Big Oil is infiltrating the halls of Congress after spending millions to elect some of the most extreme legislators in American history."
Peele's history includes:
Majority Leader Steve Scalise's [R-La.] Chief of Staff Megan Bel Miller came to Scalise's office straight out of working as an oil and gas lobbyist... Miller lobbied Congress on behalf of National Oceans Industry Association, a group representing the offshore oil and gas industry. Bel Miller advocated for polluting industry interests on numerous conservation issues, including the Endangered Species Act, National Environmental Policy Act, and offshore leasing. Majority Whip Tom Emmer's [R-Minn.] new Policy Director Ian Foley is an energy and mining lobbyist. In 2022, Foley lobbied Congress on behalf of the uranium mining industry and public utilities with oil and gas portfolios.
These are but a handful of the many examples of the revolving door between Big Oil and Congress highlighted in the analysis.
"It's no surprise that Big Oil is infiltrating the halls of Congress after spending millions to elect some of the most extreme legislators in American history," Accountable.US energy and environment director Jordan Schreiber said in a statement. "These lobbyists are not getting hired to advocate for American energy consumers—they will push an agenda that benefits the new majority's donors no matter what it costs taxpayers."
Underscoring the analysis' findings, the U.S. House of Representatives on Friday passed legislation that would require the federal government to lease a portion of public lands and waters for fossil fuel extraction for each non-emergency drawdown of the U.S. Strategic Petroleum Reserve. The bill was introduced by Rep. Cathy McMorris Rodgers (R-Wash.), who chairs the House Energy and Commerce Committee and was the top recipient of oil and gas PAC money in the House Republican caucus during the last election cycle.
\u201cNEW: MAGA Republicans in Congress just passed a bill that would obstruct one of @POTUS\u2019 only powers to protect consumers from Big Oil\u2019s price gouging\u2014letting oil companies get rich at Americans\u2019 expense. https://t.co/pcwPGdVkIs\u201d— Accountable.US (@Accountable.US) 1674844979
"We grieve for all this unthinkable loss. And with our grief, we also rage," said Jewish Voice for Peace. "The Israeli government's domination and oppression of Palestinians is the root cause of each of these senseless, tragic deaths."
Human rights defenders condemned a Friday attack outside a synagogue in an illegal Israeli settlement by a Palestinian gunman who murdered at least seven people—a massacre that followed the killing of 10 Palestinians by Israeli forces during a raid in the occupied West Bank Thursday.
TheTimes of Israelreports the unidentified gunman shot and killed seven people and wounded three others during the Friday evening attack in Neve Yaakov in East Jerusalem. Friday is International Holocaust Remembrance Day. The attacker was shot dead during a gunfight with police as he attempted to flee into the Palestinian neighborhood of Beit Hanina. An ambulance service said the deceased ranged in age from 20 to 70.
In a statement, Stéphane Dujarric, spokesperson for United Nations Secretary-General António Guterres, said the U.N. chief "strongly condemns today's terrorist attack by a Palestinian perpetrator outside a synagogue in Jerusalem, which claimed the lives of at least seven Israelis and injured several others."
"It is particularly abhorrent that the attack occurred at a place of worship, and on the very day we commemorated International Holocaust Remembrance Day," Dujarric added. "There is never any excuse for acts of terrorism. They must be clearly condemned and rejected by all."
\u201c\ud83d\udea85 #Israelis killed & 5 wounded in a shooting attack near a synagogue in the Neve Yaakov settlements in occupied East Jerusalem.\n\nViolence begets violence begets violence....\n\nPeople don't understand how close the occupied territories are to a full disastrous explosion!\u201d— Muhammad Shehada (@Muhammad Shehada) 1674846498
Tom Nides, the U.S. ambassador to Israel, tweeted that he is "shocked and disgusted at this heinous terrorist attack on innocent people, including children. Praying for all of the victims and their loved ones."
The synagogue massacre came one day after Israeli occupation forces killed 10 Palestinians including an elderly woman and wounded around 20 others during an early morning raid on the Jenin refugee camp. Israeli forces then bombed Gaza early on Friday morning after Palestinian resistance fighters fired two rockets at Israel.
The Jenin raid was part of Operation Breakwater, a nine-month campaign targeting Palestinian resistance in the camp and nearby Nablus. Human rights groups say 30 Palestinians, both fighters and civilians, have been killed so far by Israeli forces in 2023. Last year was the deadliest year for West Bank Palestinians since the second intifada—or general uprising—a generation ago, with 150 people including 33 children killed. Another 53 Palestinians were killed by Israeli forces in Gaza in 2022.
\u201cInstead of linking today's terrible attack in Jerusalem to Holocaust Remembrance Day, which it has nothing to do with, you might connect it instead to the 30 Palestinians that have been killed by Israel just this month. This is a cycle of violence borne of Israeli apartheid.\u201d— Arielle Angel (@Arielle Angel) 1674851482
In a statement following the synagogue murders, the U.S.-based group Jewish Voice for Peace (JVP) called the attack "the inevitable, horrifying outcome of decades of Israeli apartheid"
"We grieve for all this unthinkable loss. And with our grief, we also rage. The Israeli government's domination and oppression of Palestinians is the root cause of each of these senseless, tragic deaths," JVP contended.
"The violent, racist speech coming from the Israeli government makes it clear that the Israeli military will continue to escalate its violent attacks on Palestinians. Already the Israeli army has invaded Palestinian neighborhoods in occupied East Jerusalem," the group said.
\u201c10 killed in #Jenin and now 5 dead, 5 wounded in Jerusalem shooting attack: these are the ENTIRELY PREDICTABLE RESULTS of a vicious extremist #Israeli government that leaves no room for hope, no room for peace, more to come. https://t.co/kQt5NgIMw3\u201d— Sarah Leah Whitson (@Sarah Leah Whitson) 1674845638
JVP continued:
What we are witnessing is not a "conflict," a "clash," or a "war" between two equal parties. There is no mistaking the massive disparity of power between the Israeli government and the Palestinians it targets. Backed by $3.8 billion in annual military funding from the U.S. government, the Israeli government controls, dominates, and dispossesses Palestinian lives and lands.
"We are on the side of unconditional commitment to justice, equality, freedom, and dignity for all people, no exceptions," JVP added. "To achieve a future where all are safe and free, we must end the Israeli government's settler-colonial apartheid regime."