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Patrick Sullivan, (415) 517-9364, psullivan@biologicaldiversity.org
Citing the use of hazardous hydraulic fracturing chemicals and the release of oil industry wastewater off California's coast, the Center for Biological Diversity today called on the Coastal Commission to halt fracking for oil and gas in state waters and press for tighter regulation of fracking in federal waters.
In a letter delivered as commissioners meet this week in Newport Beach, the Center says hundreds of recently revealed frack jobs in state waters violate the Coastal Act. Some oil platforms are discharging wastewater directly into the Santa Barbara Channel, according to a government document.
"The Coastal Commission has the right and the responsibility to step in when oil companies use dangerous chemicals to frack California's ocean waters," said Emily Jeffers, a Center attorney. "Our beaches, our wildlife and our entire coastal ecosystem are at risk until the state reins in this dangerous practice."
After noting seven risky chemicals used by oil companies fracking in California waters, the letter describes the duties of the Coastal Commission to protect wildlife, marine fisheries, and the environment. "Because the risk of many of the harms from fracking cannot be eliminated, a complete prohibition on fracking is the best way to protect human health and the environment," the letter says.
At minimum, the Coastal Commission must take action under the Coastal Act to regulate the practice, including requiring oil and gas operators fracking in state waters to obtain a coastal development permit.
The letter also contains the Center's analysis of chemicals used in 12 recent frack jobs in state waters near Long Beach. Drawing on data disclosed by oil companies, the Center found that at least one-third of chemicals used in these fracking operations are suspected ecological hazards. More than a third of these chemicals are suspected of affecting the human developmental and nervous systems.
The chemical X-Cide, used in all 12 offshore frack jobs examined by the Center, is classified as a hazardous substance by the federal agency that manages cleanup at Superfund sites. X-Cide is also listed as hazardous to fish and wildlife.
Oil companies have used fracking at least 200 times in waters off Long Beach, Seal Beach and Huntington Beach, as well as in federal waters in the Santa Barbara Channel. Fracking involves blasting massive amounts of water and industrial chemicals into the earth at pressures high enough to crack geologic formations and release oil and gas.
Approximately half the oil platforms in federal waters in the Santa Barbara Channel discharge all or a portion of their wastewater directly to the ocean, according to a Coastal Commission document. This produced wastewater contains all of the chemicals injected originally into the fracked wells, with the addition of toxins gathered from the subsurface environment.
The Center's letter says that water pollution from fracking and oil operations in California's waters poses risks to a wide range of threatened and endangered species, including Blue whales, sea otters, and Leatherback turtles.
A copy of the letter is available here.
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) 623-5252"This ruling exposes E.U. tax havens' love affair with multinationals."
The European Union's highest court on Tuesday ruled that Apple must pay €13 billion in back taxes to Ireland, determining that the country gave the company illegal tax benefits in the past, in what campaigners called a victory for tax justice.
The E.U. Court of Justice ruling brought to a close a landmark case that began in 2016 when the European Commission ordered Apple to pay the €13 billion ($14.4 billion) based on an unfair tax arrangement the company had with Ireland from 1991 until 2014. A lower court overturned the commission's order in 2020, but Tuesday's ruling, which is final, restores it.
Observers viewed the case as among the most important brought by E.U. Competition Commissioner Margrethe Vestager, an antitrust official who's been in office since 2014.
"It's important to show European taxpayers that once in a while, tax justice can be done," Vestager, who leaves office in two weeks, said following Tuesday's ruling.
Chiara Putaturo, a tax policy adviser at Oxfam EU, said in a statement that "this ruling exposes E.U. tax havens' love affair with multinationals. It delivers long-overdue justice after over a decade of Ireland standing by and allowing Apple to dodge taxes."
Today is a huge win for European citizens and tax justice.
👉In its final judgment, @EUCourtPress confirms @EU_Commission 2016 decision: Ireland granted illegal aid to @Apple.
Ireland now has to release up to 13 billion euros of unpaid taxes.
— Margrethe Vestager (@vestager) September 10, 2024
The European Commission argued that the selective tax benefits that Ireland had offered to two Apple subsidiaries amounted to illegal state aid that hindered competition. The company's tax burden in Ireland, where its European operations have been based since 1980, was as low as 0.005% of its profits in 2014.
In November of last year, Giovanni Pitruzzella, the advocate general of the E.U. Court of Justice, issued an opinion in favor of the commission's position and against the lower court ruling, in a setback for the tech giant. The high court, which is based in Luxembourg, generally agrees with its advocate general following such recommendations, as it ultimately did on Tuesday.
The €13 billion, plus interest, has been held in an escrow account since 2018 and will be released to Ireland, even though the country fought against the commission's order. Ireland said it would respect the court ruling.
Ireland is often characterized a tax haven within the E.U. and hosts the European headquarters for many multinational firms, with critics charging that its tax system drives up inequality.
Tax justice campaigners said Tuesday's ruling should just be a start and that more fundamental reforms are needed at the international and E.U. level.
"Our tax problem is more than just one rotten apple," Tove Maria Ryding, a policy manager at the European Network on Debt and Development, said in a statement.
"The international system for taxing multinational corporations continues to be deeply complex, unpredictable and unfair," she added, arguing that a company's economic activity across many countries, including in the Global South, shouldn't mean tax revenues only for one country such as Ireland.
Ryding praised the United Nations' efforts to establish a global tax convention, calling the proposal a "beacon of hope for a fairer future."
Putaturo of Oxfam likewise called for a fairer tax system in Europe.
"While this ruling will force the tech giant to pay its debt, the root of the issue is far from solved," she said. "E.U. tax havens can still make sweetheart tax deals with big multinationals. The duty to stop this rests on the shoulders of E.U. policymakers. Yet, they have turned a blind eye to tax havens within their borders and the harmful race to the bottom that countries like Ireland are instigating."
Oxfam EU also called for the closing of tax loopholes and the establishment of a wealth tax.
The Apple case was not the only victory for Vestager, the antitrust chief, on Tuesday: The E.U. Court of Justice also ruled that Google had illegally used its search engine dominance to favor its own shopping service, fining the company €2.4 billion ($2.65 billion).
Bloomberg on Tuesday called it a "double boost to the European Union’s crackdown on Big Tech," and said that Vestager's past work had "paved the way" for the U.S. and the U.K. to take action against Google.
"This is a moment of generational change, one that is needed to safeguard our environment and signal to coming generations that the world is truly serious about doing so," said one legal expert on ecocide.
Campaigners against ecocide, the destruction of nature, applauded what one leader called a "key moment" in the fight to protect the natural world and communities that are most vulnerable to climate damage on Monday as three Pacific island nations proposed that the International Criminal Court formally recognize the crime.
Vanuatu, which first made a similar proposal in 2019, was joined by Samoa and Fiji in submitting the proposal to the ICC, which was established in 2002 to prosecute cases regarding genocide and crimes against humanity.
"Vanuatu considers it imperative that the international community takes this conversation seriously, and we warmly invite all member states to engage," said Ralph Regenvanu, special envoy for climate change and environment for Vanuatu, in a statement. "Legal recognition of severe and widespread environmental harm holds significant potential to ensure justice and, crucially, to deter further destruction."
The recognition of environmental and ecosystem destruction as a crime could allow the court to prosecute individuals accused of ecocide, such executives of pollution-causing companies whose activities are linked to planetary heating and the sea-level rise and intense storms small island nations increasingly face and officials of governments that continue to emit high levels of greenhouse gases.
Philippe Sands, a law professor at University College London and co-chair of an expert panel on the legal definition of ecocide, said that as drafted, the Rome Statute, which established the ICC, "cannot adequately address environmental harms" and must be changed to reflect "a growing recognition that severe environmental destruction deserves the same legal accountability as other grave international crimes that focus on the human."
"People clearly understand that the most severe forms of environmental destruction harm all of us, and that there is real deterrent potential in creating personal criminal liability for top decision-makers."
“There is a manifest gap in the statute of the ICC, and ecocide is now firmly on the agenda, a vital and necessary moment for an effective international law," said Sands. "This is a moment of generational change, one that is needed to safeguard our environment and signal to coming generations that the world is truly serious about doing so."
Sands told The Guardian that he is "100% certain" that ecocide will ultimately be recognized as an international crime, but with the matter tabled for a full discussion by the ICC at a later date, a long deliberation process is expected.
The Pacific nations introduced the proposal at the ICC days after the Global Commons Survey, conducted by Ipsos UK, found that 72% of people in G20 countries believe ecocide should be recognized as a crime.
Jojo Mehta, co-founder and CEO of Stop Ecocide International, said last week that "widespread civil society demand" has driven the European Union to recognize "conduct comparable to ecocide" as a "qualified" offense, and Belgium to adopt ecocide as a crime punishable by up to 20 years in prison and fines as high as $1.8 million.
"We're seeing significant policy shifts in favor of ecocide legislation at the domestic, regional, and international levels," said Mehta. "People clearly understand that the most severe forms of environmental destruction harm all of us, and that there is real deterrent potential in creating personal criminal liability for top decision-makers. Damage prevention is always the best policy, which is precisely what ecocide law is about."
Some of the world's biggest polluters, including the United States, China, and Russia, are not member states of the ICC, and could challenge the court's jurisdiction if accused of ecocide—but Mehta said Monday that "by establishing legal consequences, we create a guardrail that compels decision-makers to prioritize safety for people and planet, fundamentally altering how they approach their obligations."
"We also create a route to justice for the worst harms," she said, "whether they occur in times of conflict or in times of peace."
Regenvanu said Vanuatu has prioritized the recognition of ecocide as a crime after suffering significant climate damage for years, with the government already having relocated six towns due to irreversible sea level rise.
"Environmental and climate loss and damage in Vanuatu is devastating our island economy, submerging our territory, and threatening livelihoods. This tragedy is not unique to Vanuatu but is shared by many small island nations that, despite bearing the least responsibility for the crisis, suffer most from its impacts," said Regenvanu. "We urge ICC member states to take note of the very substantial civil society support for this initiative around the world as it moves forward in this crucial discussion."
"Dear Americans, if you are killed by the Israeli government, our country won't care," the Michigan Democrat lamented. "No one will be held accountable."
U.S. Rep. Rashida Tlaib said Monday that the Biden administration has effectively communicated to the world that the Israeli military "can kill Americans and get away with it," a comment that came hours before the Israel Defense Forces predictably concluded that its killing of a U.S. citizen in the occupied West Bank was accidental.
"Dear Americans, if you are killed by the Israeli government, our country won't care," Tlaib (D-Mich.) wrote in response to remarks from U.S. State Department spokesperson Vedant Patel, who deferred to the Israeli military's internal investigation when asked about the killing of 26-year-old Turkish American citizen and human rights activist Aysenur Eygi last week at a protest in the illegally occupied West Bank.
"No one will be held accountable," Tlaib added. "It doesn't matter who you are, Israel can kill Americans and get away with it."
.@iclalturan: Eyewitnesses say she was killed by Israeli sniper, autopsy says she was shot in the head…do you have any doubt
Patel: I appreciate all you’re sharing but our partners Israel are conducting a process
Rabia: Her family wants an independent investigation, would you… pic.twitter.com/5EqxXpYKSQ
— Assal Rad (@AssalRad) September 9, 2024
On Tuesday, the Israeli military said in a statement following its inquiry into the killing of Eygi last week that it is "highly likely that she was hit indirectly and unintentionally by IDF fire" which was aimed not at her but at another demonstrator, whom Israel characterized as a "key instigator" of a "riot."
"Israel has sent a request to carry out an autopsy," the IDF said.
Ghassan Daghlas, the governor of the West Bank city Nablus, saidSaturday that an autopsy conducted at a nearby university "confirmed that Eygi was killed by an Israeli occupation sniper's bullet to her head." Eyewitnesses have also said Eygi was deliberately shot in the head, pushing back on the IDF's narrative.
U.S. Secretary of State Antony Blinken said in response to the IDF's findings that "no one should be shot and killed for attending a protest" and declared that "Israeli security forces need to make some fundamental changes in the way they operate in the West Bank, including changes in their rules of engagement."
Blinken, who recently signed off on a $20 billion sale of U.S. weaponry to Israel, did not specify the changes the U.S. wants to see, nor did he suggest there would be any consequences if the Israeli government refuses to implement them.
The United States' top diplomat also did not say the Biden administration would launch its own investigation of Eygi's killing.
Over the weekend, as Common Dreamsreported, Eygi's family said in a statement that an internal Israeli probe was "not adequate" and called on the Biden administration to "order an independent investigation into the unlawful killing of a U.S. citizen and to ensure full accountability for the guilty parties."
Eygi is at least the third U.S. citizen Israeli forces have killed in the West Bank since the October 7 Hamas-led attack. Since then, Israeli forces and violent far-right settlers have operated with near-total impunity in the occupied Palestinian territories, killing tens of thousands of people in Gaza and hundreds in the West Bank, including one child every two days.
Dylan Williams, vice president for government affairs at the Center for International Policy, said Monday that "the Biden Administration should be launching its own investigation into the killing of an American citizen."
"Instead," he added, "it's deflecting and deferring to Israel to hold its own soldiers and settlers accountable, which Israel has repeatedly failed to do."