
George Kimbrell, Center for Food Safety,
gkimbrell@centerforfoodsafety.org
Paul Achitoff, Earthjustice,
achitoff@earthjustice.org
Farmers, Environmental Groups Defend Moratorium of GMO Crops on Hawai'i's Big Island
Groups seek to intervene as biotech firms attempt to roll back regulations on genetically engineered crops
A coalition of local farmers and environmental groups last week filed a motion to intervene in a lawsuit to defend a Hawai'i County ordinance that imposes a moratorium on the expansion of genetically engineered (GE) crops on the Big Island. On Aug. 1, Center for Food Safety (CFS), and three Hawai'i Island farmers asked the court permission to join as defendants in a biotech industry lawsuit challenging the County of Hawai'i's Ordinance 13-121. The ordinance regulates GE organisms to prevent their environmental and economic harms, such as contamination of organic and conventional crops and wild plants and associated pesticide use. The coalition is jointly represented by counsel from CFS and Earthjustice .
"Hawaii County, like every county, has the right to protect its farmers and native environments from genetically engineered crops," said George Kimbrell, CFS senior attorney . "Having GE-free zones is critical for the sustainable future of U.S. agriculture, and to protect Hawai'i's unique ecosystems."
The lawsuit, driven largely by the Biotechnology Industry Organization, the world's largest trade association for the biotech industry representing companies like Monsanto, seeks to dissolve the county's 2013 ordinance to open the island up for the expansion of genetically engineered crop production. These herbicide resistant crops result in intensive pesticide use, which threatens public health, contaminates water, and harms wildlife and neighboring crops. Most GE crops also threaten transgenic contamination of non-GE crops, which has already caused several billion dollars in damage to growers.
"Hawai'i is one of the most biologically diverse, as well as spectacularly beautiful, places in the world, but the chemical companies have been turning the islands into experimental laboratories, unleashing a fountain of pesticides and genetically engineered material into the air, land and waters," said Paul Achitoff, Earthjustice managing attorney based in Honolulu . "We stand with the people of Hawai'i Island who are trying to protect their island from being transformed into another toxic waste dump."
Hawai'i County passed Ordinance 13-121 in December 2013. It restricts any future growing of GE crops in the county in order to protect farmers from transgenic contamination and instead "preserve Hawai'i Island's unique and vulnerable ecosystem while promoting the cultural heritage of indigenous agricultural practices." However, the regulations do not apply to GE papayas, which existed on the Big Island before the ordinance was passed.
"In Hawaii we believe that our seeds, crops, and foods should remain free of contamination from genetically engineered plants," said Big Island farmer and agricultural educator, Nancy Redfeather.
"Ordinance 13-121 protects me and farmers like me. In Ordinance 13-121, the island/Hawai'i County Council properly acted to protect the life and the health of the lands and our communities, now and for future generations, and we cannot let these corporations take away those vital protections."
CFS and Earthjustice are also helping to defend the Kaua'i County ordinance regulating pesticides and GE crops from a challenge filed by biotech industry, represented by the same attorneys challenging the Big Island's ordinance.
BACKGROUND ON HAWAI ' I'S GE CROPS:
GE crops are widely grown on most of the Hawaiian Islands--Kaua'i, O'ahu, Maui, and Moloka'i. Hawai'i's climate, which allows for growing three or more crops per year, makes it attractive to growers, and consequently Hawai'i has become a world center of experimental GE seed production. Some of the acreage is devoted to experimental crops that companies such as Monsanto and Syngenta grow to determine whether their genetic modifications produce a marketable product before seeking government approval to commercialize them. Other fields are then used to produce the commercial seed in quantity for export to other states.
Most GE crops are created to be resistant to the effects of herbicides, such as Monsanto's Roundup, allowing growers to douse their fields without harming their crop. It has been shown that these herbicide resistant crops result in increased use of herbicides, with consequent health impacts, water contamination, harm to wildlife, and harm to neighboring crops from drift. Most GE crops also threaten transgenic contamination of non-GE crops, which has already caused several billion dollars in damage to other growers.
ONLINE VERSION: https://earthjustice.org/news/press/2014/farmers-environmental-groups-defend-moratorium-of-gmo-crops-on-hawai-i-s-big-island
LEGAL DOCUMENT: https://earthjustice.org/sites/default/files/files/2%20Memo%20ISO_GMO_hawaii_Mot%20%20Intervene%208-1-2014%20-%20FINAL.pdf
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800-584-6460'Oil and Gas Decarbonization Charter' Denounced as Greenwashing Scheme by Fossil Fuel Arsonists
"Voluntary pledges cannot be a substitute for a formal negotiated outcome at COP28 for countries to address the root cause of the climate crisis: fossil fuels."
Hundreds of civil society groups and frontline voices from around the world on Saturday condemned a voluntary pledge heralded by government leaders and fossil fuel giants, calling the "
Oil and Gas Decarbonization Charter
" unveiled at the COP28 climate talks in Dubai nothing but a cynical industry-backed smokescreen and greenwashing ploy that will allow for the continuation of massive emissions of carbon, methane, and other greenhouse gases.
"The Oil and Gas Decarbonization Accelerator is a dangerous distraction from the COP28 process," warned David Tong, the global industry campaign manager for Oil Change International , in a statement from Dubai. "We need legal agreements, not voluntary pledges. The science is clear: staying under 1.5ºC global warming requires a full, fast, fair, and funded phase-out of fossil fuels, starting now."
Backed by approximately 50 state-run and private oil and gas companies, the stated aims of the pledge, also being referred to as the Decarbonization Accelerator, is to cut upstream emissions of methane to "near-zero" levels and end "routine flaring"—that is, emissions involved with production but not consumption—by 2030 while aiming for a "net-zero operations" target by 2050.
"Voluntary commitments are a dangerous distraction from what is needed at COP28. Oil and gas companies meeting to sign a pledge that only deals with their operational emissions is like a group of arsonists meeting to promise to light fires more efficiently."
What's key, say the Charter's critics, is both the voluntary nature of the scheme and the glaring fact that it does not include 80-90% of the emissions produced by the industry, namely the downstream consumption of their products—the burning of coal, oil, and fracked gas.
An open letter released by 320 groups on Saturday accuses Sultan al-Jaber, president of COP28 and the chief executive of the host nation's national oil company, of missing a "historic opportunity" by allowing the pledge to grandstand as meaningful progress while the planet experiences its hottest year in 125,000 years.
"The COP28 Presidency appears to have been encouraging fossil fuel companies to make yet another set of hollow voluntary pledges, with no accountability mechanism or guarantee the companies will follow through," the letter states. "Releasing another in the long succession of voluntary industry commitments that end up being breached will not make COP28 a success. Voluntary efforts are insufficient, and are a distraction from the task at hand."
By only aiming to reduce "oil and gas operational emissions without sharp reductions in overall fossil fuel production," the groups argue, the Charter "will fail to achieve the cuts in methane emissions necessary to avoid the worst impacts of climate change."
Citing recent findings from the International Energy Agency (IEA) and the Climate and Clear Air Coalition released in October, the letter states that the only way to meet the 1.5ºC target established by the 2015 Paris agreement is to phase out fossil fuels completely—and rapidly.
"Cutting methane pollution from the oil and gas supply chain is an important component of near-term emissions reductions—but it is not enough on its own," the letter states.
Alongside the industry-backed Charter, 118 nations on Saturday also pledged a tripling of renewable energy by 2030, but green groups say that while welcome, this kind of effort means so much less if fossil fuels are not phased out during that same period.
"The future will be powered by solar and wind, but it won't happen fast enough unless governments regulate fossil fuels out of the way," said Kaisa Kosonen, leading Greenpeace International's COP28 delegation in Dubai.
Oil Change's Tong also pointed to national promises on renewables in the context of the overall greenwashing effort underway trying to tell the world it can have a renewable energy revolution while also allowing the fossil fuel industry to continue its existence.
"If your company digs stuff up and burns it, you’re the problem. It’s time to wind down your business."
"Bundling up the Oil and Gas Decarbonization Charter with a renewable energy commitment appears to be a calculated move to distract from the weakness of this industry pledge," Tong said.
"Promising to triple renewable energy and double energy efficiency is welcome and indicates momentum for a final agreement at this year's U.N. climate talks," he added, "but voluntary pledges cannot be a substitute for a formal negotiated outcome at COP28 for countries to address the root cause of the climate crisis: fossil fuels."
Journalist and veteran climate organizer Bill McKibben , co-founder of 350.org and now Third Act, said it "isn't hard" to know what needs to be done or to identify who is at fault for the current crisis.
"If your company digs stuff up and burns it, you’re the problem. It’s time to wind down your business. Past time," McKibben said.
The green critics of the Charter are clear that the chief culprits should have little say in the way governments and society at large choose to manage the transition from a dirty energy economy to a more sustainable and clean one.
As the letter from the coalition argues, "Voluntary commitments are a dangerous distraction from what is needed at COP28. Oil and gas companies meeting to sign a pledge that only deals with their operational emissions is like a group of arsonists meeting to promise to light fires more efficiently."
Appeals Court Tells Texas to Remove Rio Grande Buoy 'Death Traps'
"Despite this small victory, the razor buoys are only a fraction of Gov. Abbott's racist and murderous Operation Lone Star," one group noted.
A federal appellate court panel on Friday delivered a blow to Republican Texas Gov. Greg Abbott's anti-migrant regime, ruling 2-1 that the state must remove from the Rio Grande a buoy barrier intended to block people from crossing the U.S.-Mexico border.
The U.S. Department of Justice (DOJ) sued Texas and Abbott over the buoys, which are part of the governor's Operation Lone Star , in July. U.S. Judge David A. Ezra of the Western District of Texas, an appointee of former President Ronald Reagan, ordered the state to remove the barrier and prohibited new or additional blockades in September.
The U.S. Court of Appeals for the 5th Circuit initially blocked Ezra's ruling while it considered the case, but Judges Dana Douglas and Carolyn Dineen King—respectively appointed by President Joe Biden and former President Jimmy Carter—affirmed his decision that the buoys violate federal law on Friday. Judge Don Willett, an appointee of ex-President Donald Trump, dissented.
"I've seen Gov. Abbott's border buoys for myself. They're illegal and dangerous."
The lower court "considered the threat to navigation and federal government operations on the Rio Grande, as well as the potential threat to human life the floating barrier created," Douglas wrote for the majority. "All of the district court's findings of fact were well supported by the record, and its conclusion... was not an abuse of discretion."
American Immigration Council policy director Aaron Reichlin-Melnick
suggested
on social media that the case turned out the way it did, even though the 5th Circuit is the
most conservative
U.S. appeals court, "in part because the panel draw was a very good one for the DOJ."
Abbott said Friday that the decision "is clearly wrong," that he and GOP state Attorney General Ken Paxton "will seek an immediate rehearing by the entire court," and that they will seek intervention from the right-wing U.S. Supreme Court "if needed."'
Despite the governor's determination to continue the legal battle, opponents of 4-foot-wide orange spherical buoys—which span 1,000 feet of the river near Eagle Pass—celebrated the appeals court decision.
"I've seen Gov. Abbott's border buoys for myself. They're illegal and dangerous," said U.S. Rep. Joaquin Castro (D-Texas), who led a congressional trip to the barrier and a letter urging the Biden administration to act. "I applaud the Justice Department for today's hard-fought victory in the conservative 5th Circuit and look forward to seeing these death traps removed from the Rio Grande."
The immigrant youth-led group United We Dream also welcomed the "small victory" but stressed that "the razor buoys are only a fraction of Gov. Abbott's racist and murderous Operation Lone Star," pointing to a new Human Rights Watch (HRW) report .
HRW revealed earlier this week that "dangerous chases of vehicles thought to contain migrants under the Texas government's Operation Lone Star program led to crashes that killed at least 74 people and injured at least another 189 in a 29-month period."
Alison Parker, HRW's deputy U.S. director, declared that the state operation "is maximizing chaos, fear, and human rights abuses against Texans and migrants, which might be a cynical way to win political points but is not a responsible way to run a government."
The report and ruling on Texas' operation come as congressional Republicans
attempt
to force through what migrant rights advocates are calling "unconscionable" changes to asylum policy in exchange for funding for Ukraine, Israel, and Taiwan.
Former ICC Prosecutor Says Both Israel and Hamas Guilty of Genocide
"Each bombing, each of the killings, should be properly investigated," said Luis Moreno Ocampo, "but... the siege itself is already genocide."
Luis Moreno Ocampo, the International Criminal Court's first chief prosecutor, said Friday that both Hamas and Israel perpetrated genocide—the Palestinian resistance group by murdering around 1,200 Israelis on October 7, and the Israeli government by besieging Gaza.
Appearing on Al Jazeera 's "UpFront," Moreno Ocampo said that "you have Hamas committing war crimes... crimes against humanity, the crime committed in Israel on October 7... and probably genocide, because Hamas has [the] intention to destroy Israelis as a group."
"Then, Israel's reaction also includes many crimes," he continued. "It's complicated to define the war crimes, because each bombing has to be evaluated. But there is something very clear: The siege of Gaza itself... is a form of genocide."
"Article 2C of the Genocide Convention defines that you don't need to kill people to commit genocide," the Argentinian jurist added. "The rules say inflicting conditions to destroy the group, that itself is a genocide. So creating the siege itself is a genocide, and that is very clear."
"Many officers of the Israeli government are also
expressing
genocidal intentions," Moreno Ocampo noted. "That's why it's easy to say and there's reasonable basis to believe Israel is committing a genocide in Gaza, just the siege. Each bombing, each of the killings, should be properly investigated but... the siege itself is already genocide."
Under Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide —the first human rights treaty unanimously adopted by the United Nations General Assembly—genocide is defined as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group":
- Killing members of the group;
- Causing serious bodily or mental harm to members of the group;
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
- Imposing measures intended to prevent births within the group; and
- Forcibly transferring children of the group to another group.
More than 800 international lawyers, jurists, and genocide scholars in October published an open letter stating that "we are compelled to sound the alarm about the possibility of the crime of genocide being perpetrated by Israeli forces against Palestinians in the Gaza Strip."
The letter notes that "preexisting conditions in the Gaza Strip had already prompted discussions of genocide prior to the current escalation," notably by the National Lawyers Guild , the Russell Tribunal on Palestine , and the Center for Constitutional Rights (CCR).
CCR attorneys
warned
U.S. President Joe Biden in October that his "unwavering" support for Israel, including
pushing
for an additional $14.3 billion in American military aid for the country atop the nearly $4 billion it already gets each year—could make him complicit in genocide.
As for the problem of prosecuting Israeli genocide perpetrators when the country is not signatory to the Rome Statute that established the ICC, Moreno Ocampo noted during the interview that "the International Criminal Court has jurisdiction in Gaza, the West Bank, and East Jerusalem."
"Any crime committed in those places, by any person, could be mitigated by the International Criminal Court," he added.