March, 26 2015, 04:00pm EDT
For Immediate Release
Contact:
Robin Cooley, Earthjustice, (303) 263-2472
Megan Mueller, Rocky Mountain Wild, (303) 704-9760
Michael Saul, Center for Biological Diversity, (303) 915-8308
Tony Frates, Utah Native Plant Society, (801) 277-9240
Lawsuit Filed to Protect Rare Colorado, Utah Wildflowers Threatened by Oil Shale Mining
Records Show Fish and Wildlife Service Conceded to Habitat Destruction Demanded by Industry Under the Guise of “Conservation”
DENVER
Conservation groups filed a lawsuit today in federal court in Denver challenging the U.S. Fish and Wildlife Service's decision to deny Endangered Species Act protection to two imperiled wildflowers that live only on oil shale formations in Colorado and Utah. Oil shale and tar sands mining and traditional oil and gas drilling threaten 100 percent of known White River beardtongue populations and over 85 percent of the known Graham's beardtongue populations.
In August 2013, the Service proposed to provide Endangered Species Act protection to the wildflowers and nearly 76,000 acres of their essential habitat, recognizing the threat posed by mining and drilling. One year later--after lobbying by industry and its supporters, including the Utah School and Institutional Trust Lands Administration (SITLA) and Uintah County--the Service reversed-course and denied Endangered Species Act protections. The Service based its decision on a 15-year "conservation agreement" negotiated behind closed doors with pro-industry stakeholders.
Public records obtained by plaintiffs in today's lawsuit show that the conservation agreement purposefully excluded wildflower habitat from protection to accommodate oil shale mining and drilling. SITLA's Associate Director and Chief Legal Counsel, John Andrews, described the agreement as follows:
"The basic concept is you've got a 15-year agreement that's going to buy for all of our miners the ability to strip mine and destroy any [wildflowers] that are located on those sites in exchange for some conservation" on lands "that wouldn't be disturbed" anyway.
In its proposal to list the species, the Service recognized oil shale mining in the wildflowers' habitat as one of the primary threats justifying the need for Endangered Species Act protections. FWS found that that development of just two planned oil shale projects in Utah by the Enefit and Red Leaf corporations would have substantial impacts and would reduce the viability of the species. But the conservation agreement denies protections on private and state lands slated for oil shale development during the 15-year term of the agreement, including those owned or leased by Enefit and Red Leaf.
"The conservation agreement is a giveaway to the fossil fuel industry," said Robin Cooley, an Earthjustice attorney representing the conservation groups. "Although the Fish and Wildlife Service previously identified habitat that was essential to the survival of these wildflowers, the agency rolled over during negotiations and sacrificed more than 40% of this essential habitat, including lands the oil shale industry plans to strip mine in the next 15 years."
"The Endangered Species Act requires the Service to make decisions based on science, not politics," said Megan Mueller, senior biologist with Rocky Mountain Wild. "The science here is clear, these wildflowers must be protected from strip mining and drilling."
"The Endangered Species Act has an incredible record of saving species--but it can only work if we use it. We've known for decades that these wildflowers need federal protections if they're going to survive," said Michael Saul, a senior attorney with the Center for Biological Diversity. "It's shameful to see the Fish and Wildlife Service forego that effective tool just for the profits of one industry."
"These rare and beautiful wildflowers are a treasured part of our natural heritage and we need to protect them for future generations to enjoy," said Tony Frates with the Utah Native Plant Society. "Rather than ensuring their survival through the proven protections of the Endangered Species Act, the Fish and Wildlife Service opted for a conservation agreement that paves the way for destruction of large populations of these two species."
Earthjustice filed today's lawsuit challenging the Service's failure to list the beardtongues under the Endangered Species Act on behalf of Rocky Mountain Wild, Center for Biological Diversity, Southern Utah Wilderness Alliance, Utah Native Plant Society, Grand Canyon Trust, Western Resource Advocates, and Western Watersheds Project.
Complaint: https://earthjustice.org/sites/default/files/files/1%20-%202015.03.26%2...
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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'We Held the Line and Won': House Approves Stop-Gap Spending Bill With No Budget Cuts
Speaker Kevin McCarthy had previously said that bringing a clean spending bill to the floor would count as surrender.
Sep 30, 2023
The House of Representatives voted 335 to 91 to keep the government open Saturday afternoon, as House Majority Leader Kevin McCarthy put forward a bill to found the government for 45 days without the steep cuts to services or harder border measures demanded by far-right Republicans.
McCarthy had previously said that bringing a clean spending bill to the floor would count as surrender, Politico pointed out. The outlet's Congress reporter Olivia Beaver noted on social media that McCarthy received more votes from Democrats than from his own party, at 209 and 126 respectively.
"It’s been interesting watching the MAGA Republicans surrender," Ilhan Omar (D-Minn.) tweeted. "All their must-have poison policies have been removed from the House bill we just passed. We held the line and won for the American people."
On Friday, 21 House Republicans rejected a spending measure that would have cut the budgets of several agencies by almost 30% and included harsher border control measures, The Associated Press reportedWhile Democrats rejected the measure for being too extreme, the 21 Republicans argued it didn't go far enough.
That refusal prompted McCarthy to change tactics Saturday, despite the fact that his speakership will likely be challenged by the right.
“If somebody wants to remove me because I want to be the adult in the room, go ahead and try,” McCarthy said, as AP News reported. “But I think this country is too important.”
"Democrats held the line against Republicans' cruel, extreme, and unworkable agenda and the Republican resolve crumbled."
The House bill funds the federal government at 2023 levels through November 17 and includes the additional $16 billion in disaster funding requested by President Joe Biden. It does exclude funding for Ukraine, which was a part of the Senate's temporary spending measure. However, Washington Post White House economics reporter Jeff Stein tweeted that it was a "truly striking L for House conservatives demanding massive domestic spending cuts."
"A few days ago, far-right of GOP was insisting ~10% cuts to domestic programs were insufficient," he said. "Now, looks like they're going to get 0% cuts instead."
In an earlier tweet, Stein pointed out that since the stop-gap measure relies on spending levels from Fiscal Year 2023, it avoids cuts to WIC, childcare, scientific research, housing support, and other domestic programs.
Progressive lawmakers counted the vote as a win.
'House Democrats have engineered a huge victory for the American people in averting a Republican shutdown," Proggresive Caucus Chair Pramila Jayapal (D-Wash.) said in a statement. "This is a moment of relief for thousands of federal employees and working-class federal contract workers who will not miss a paycheck and the millions of Americans who rely on government services that will not go interrupted."
"The reason that the government will remain open tonight is simple," she continued. "Democrats held the line against Republicans' cruel, extreme, and unworkable agenda and the Republican resolve crumbled."
"Here’s what went down: we just won a clean 45 day gov extension, stripped GOP’s earlier 30% cuts to Social Security admin etc., staved off last minute anti-immigrant hijinks, and averted shutdown (for now)," Alexandria Ocasio-Cortez (D-N.Y.) tweeted. "People will get paychecks and MTG threw a tantrum on the way out. Win-win."
"For months, Speaker McCarthy has been a puppet of the extreme far-right. Democrats held the line on no cuts to the programs that our people depend on and we won," posted Maxwell Alejandro Frost (D-Fla.) "Big fight ahead on the budget, but this is a win. McCarthy folded and we kept the government open."
To avoid a shutdown, a bill must be ready for Biden to sign by 12:01 am Sunday. The Senate is likely to vote on the House meassure this evening, The New York Times reported.
Even if the Senate passes the meassure, Jayapal said there would be more work to do and 45 days to pass a permanent funding resolution.
"Republicans are still trying to gut food, housing, and home-heating assistance for low-income families; take teachers out of classrooms; criminalize abortion; cut social security funding; and create a death panel for the earned benefits seniors rely on."
"Republicans have managed to fulfill the absolute bare minimum of their obligations as the governing majority, but Democratis will need to remain vigilant," she said.
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In 'First Major Blow to Big Pharma,' Federal Judge Blocks Medicare Drug Price Negotiation Injunction
The judge said plaintiff the Chamber of Commerce "demonstrated neither a strong likelihood of success nor irreparable harm."
Sep 30, 2023
A federal judge in Ohio on Friday blocked an attempt by corporate interests to stop Medicare's historic negotiation of certain drug prices with pharmaceuticals.
Medicare gained the power to negotiate drug prices as part of the Inflation Reduction Act (IRA), but the several industry groups and drug makers have sued to forestall the program, arguing that it is unconstitutional, CNN explained. One of those groups was the U.S. Chamber of Commerce, which filed its lawsuit in June. The Ohio judge Friday rejected its request for a preliminary injunction to block the program before October 1, the date by which pharmaceuticals must agree to negotiate or not.
"This is the first major blow to Big Pharma in its legal battles to block the drug price negotiation provisions under the Inflation Reduction Act," Peter Maybarduk, director of the Access to Medicines program at Public Citizen, said in a statement.
"The Biden-Harris Administration won’t stop fighting for what we know to be true: that nothing in the Constitution prohibits Medicare from negotiating drug prices."
"The Chamber’s lawsuit lacks merit," Maybarduk contined. "The court made the right decision not to grant the injunction, which would have caused needless patient suffering and treatment rationing."
Judge Michael Newman of the Southern District of Ohio, a Trump appointee, ruled that the chamber "demonstrated neither a strong likelihood of success nor irreparable harm," as CNBCreported.
"Consequently, their request for immediate preliminary injunctive relief... is denied," Newman concluded.
Newman also rejected the Biden administration's request to dismiss the case. Instead, he gave the Chamber of Commerce until October 13 to answer some questions about its argument and the administration until October 27 to renew its motion to dismiss.
While the chamber had argued the negotiation program was unconstitutional for multiple reasons, Newman pointed out that drug companies are not forced to participate in Medicare.
"As there is no constitutional right (or requirement) to engage in business with the government, the consequences of that participation cannot be considered a constitutional violation," he said.
The Biden administration celebrated the news.
"Today’s ruling from the Southern District of Ohio affirms that Medicare will move forward with negotiating lower prices for millions of seniors," Press Secretary Karine Jean-Pierre said in a statement. "And, the Biden-Harris Administration won’t stop fighting for what we know to be true: that nothing in the Constitution prohibits Medicare from negotiating drug prices."
The administration announced the first 10 drugs to be subject to negotiations in August. They included the blood-clot treatment Eliquis, Jardiance, Xarelto, Januvia, Farxiga, Entresto, Enbrel, Imbruvica, Stelara, and several Novo Nordisk insulins, according to CNN.
With the injunction blocked, "drug companies should agree to participate in the negotiation program in good faith," Maybarduk said. "The program is an important first step in ending the exorbitant prices charged to Medicare enrollees. It’s time for Big Pharma to drop their lawsuits and drop their prices.”
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Progressives Say GOP Shutdown Chaos Is About Imposing 'Extreme, Cruel' Agenda
"It's the same thing they did with the debt ceiling: Weaponize the tools of the House majority to force a false choice. Their agenda or a national crisis," said the Congressional Progressive Caucus.
Sep 29, 2023
With a "completely avoidable" U.S. government shutdown less than 48 hours away, the Congressional Progressive Caucus and individual House Democrats on Friday took aim at Republicans for holding "the American people hostage to force their agenda through" at the expense of working families and others.
"You wouldn't know it by watching them fail to govern, but House Republicans have a policy agenda. It's extreme, cruel, and unworkable, and they are committed to making that agenda law," the Progressive Caucus said on social media. "Here's the problem: They can't pass it. They can't even get all their members to vote for it."
That's because the Republican continuing resolution (CR) that was voted down 232-198 on Friday—which included big cuts to social safety net spending and anti-migrant measures—was not severe enough for members of the far-right House Freedom Caucus' liking.
"So House Republicans' only option is to hold the government and the American people hostage to force their agenda through," the Progressive Caucus continued. "It's the same thing they did with the debt ceiling: Weaponize the tools of the House majority to force a false choice. Their agenda or a national crisis."
According to the Progressive Caucus, that agenda includes:
- An 80% cut in public education funding to take 40,000 teachers from poor students and students with disabilities and kick 100,000 kids out of preschool;
- A 70% cut in funding for 5 million low-income families to heat their homes;
- Slashing food assistance for millions of low-income women and children;
- Cutting support services for nearly 1 million people facing a suicidal or mental health crisis and thousands with opioid use disorder;
- Eliminating one-third of all housing choice voucher funding for poor families, increasing the risk of eviction and homelessness;
- Increasing the wait time for Social Security disability benefits applicants by two months;
- Making fruits and vegetables more expensive for 5 million pregnant mothers; and
- Cutting nearly 50% of federal wildfire prevention funds.
"House Republicans are pushing all these cruel cuts AND a death panel for Social Security and Medicare. If they don't get it, they'll shut down the government," the Progressive Caucus added. "This is why progressives are fighting so hard. We will not sacrifice working people to continual Republican threats."
Progressive Caucus Deputy Chair Ilhan Omar (D-Minn.) said Friday that "this shutdown is not only tragic, but completely avoidable."
"An overwhelming bipartisan majority of lawmakers in the House support a clean bill to keep the government open. The Senate is prepared to pass it, the president is prepared to sign it," she continued. "But the most extreme faction of MAGA wing of the party—egged on by [former President] Donald Trump, who craves a distraction from his indictments and criminal charges—are demanding an endless list of cuts that have brought us to a government shutdown."
"We have to remember how we got here. The government has shutdown four times in the past 30 years. Each time it happened, an extreme faction of Republicans was in charge of the House of Representatives," Omar added. "We need a clean bill to keep the government open, before this causes real harm. It's time for Republicans to stop playing with people's lives and do their jobs."
Another Progressive Caucus member, Rep. Delia Ramirez, said Friday that "today's hurtful, extremist Republican CR demonstrates the Republicans' hypocrisy, ineffective leadership, and disregard for working families."
The congresswoman continued:
Day after day, we have been here, voting until the wee hours of the morning, and we have made absolutely no progress. After each vote, conservative extremists change their demands, and [House Speaker Kevin McCarthy (R-Calif)] keeps giving them more and more without making progress.
"To what end? A 30% cut to government services? So that 10,901 women and children in the IL-03 can go hungry? So that 28,187 active and reserved service members will go without payment in Illinois? So that 5,000 residents in IL-03 may lose access to federal help and vouchers?
"These are not the goals of people who care about working families," Ramirez asserted. "On the contrary, it's a vicious attack on working families"
"If the Republicans were serious about averting a shutdown, they would bring a clean CR to the floor," she argued. "That's not what they want. They want to send our economy into crisis, protect Donald Trump, and harm our communities."
"Enough is enough!" Ramirez added. " I call on six courageous, principled Republicans to do their job, serve our constituents, and protect the economy."
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