May, 31 2016, 01:45pm EDT

A Coalition of Nonprofit, Local Business Groups Plan Legal Action Against U.S. Army Corps of Engineers to Protect Threatened Reefs
Groups will challenge failure to prevent damage to corals in upcoming Fort Lauderdale dredging project following disastrous project in Miami
FORT LAUDERDALE, Fla.
A coalition of environmental and SCUBA organizations joined together today to demand that the U.S. Army Corps of Engineers provide mandatory, common-sense protections for nearby reefs during an upcoming, proposed dredging project to expand Port Everglades in Fort Lauderdale. This is particularly urgent after widespread reef destruction during the dredging of the Port of Miami (PortMiami) last year.
The dredging is part of an effort by the Corps to expand ports along the East Coast to accommodate larger ships. During the dredging of PortMiami, the Army Corps illegally injured and killed Endangered Species Act-listed staghorn corals and buried alive more than 200 football fields of reef habitat. The damage stemmed from the Corps' failure to collect and use accurate, up-to-date information or adequately account for potential impacts to nearby reefs.
Despite this, the Corps still refuses to correct mistakes and learn lessons stemming from PortMiami, and has asked Congress for authorization for the Port Everglades dredging based on inaccurate assumptions and surveys.
The Florida reef tract is the only coastal barrier reef in the continental United States. It is a national treasure that hosts diversity, protects our coast, and supports local economies. However, it has already declined by more than 80 percent since the 1970s, and the last few years of bleaching, dredging, and disease have put this reef tract into crisis.
There are many threats facing our precious Florida reefs, bringing them to the brink of collapse. "Many of these threats are global and difficult to control at a local level," said Rachel Silverstein, executive director and waterkeeper of Miami Waterkeeper, "but this dredging plan is an action that we can easily control to ensure that coral reefs are protected. Despite our attempts to improve this plan over the last year, the Corps has not changed a single word of their upcoming dredging plan based on what happened in Miami."
The Port Everglades dredging in Fort Lauderdale will deepen the outer entrance channel in Port Everglades by 10 feet, widen the channel by about 300 feet, and extend the channel by about 2,000 feet. The Corps is seeking permission to blast rock for up to 900 days and dump about 5.47 million cubic yards of dredged material offshore, including the fine-grained sediment that can smother and harm coral. In Miami, this same sediment buried corals alive, depriving them of access to light and food, causing death, and hindering reproduction.
In Miami, the Corps relied on an out-of-date survey that underestimated the number of Endangered Species Act-listed corals in the project area by at least 10 times. The Corps incorrectly predicted that the fine-grained sediment stirred up by dredging would only have minor impacts to corals out less than 500 feet away from the port.
But, when the dredging project began, sediment covered reefs out to more than 3,000 feet away, smothering coral and causing partial coral death on up to 93 percent of corals in areas near dredging. In a report released last month by the National Marine Fisheries Service, federal scientists concluded that dredging was responsible for the extensive harm to reefs. The report contradicted the Corps' claims that natural disease had caused mortality to coral in the area.
"The Corps is still relying on the same old, flawed survey that vastly underestimated the numbers of coral in Miami and the same incorrect assumptions about how far the sediment will travel," said Jaclyn Lopez, Florida director for the Center for Biological Diversity. "That's illogical, and we are asking that they stop and rethink their assumptions."
But, the Corps has repeatedly refused to heed pleas from conservationists and recreational and ecotourism groups, and even from other government agencies, recommending that they update their plans for the Port Everglades dredging to learn lessons from the disaster in PortMiami. Miami Waterkeeper, Center for Biological Diversity, the Florida Wildlife Federation, and Sea Experience, working with Earthjustice, are now left with no option but to take action to save what's left of these reefs.
In the letter sent to the Corps today, the groups demand that the agency comply with the Endangered Species Act and seek a second opinion from federal wildlife experts. If the Corps does not comply with the law, the coalition plans to sue the agency.
"The Corps owes it to Florida's economy and future generations to learn from its mistakes," said Brettny Hardy, an attorney at Earthjustice. "If the federal agencies won't take action to protect these reefs, we will."
The coalition also sent a letter to the National Marine Fisheries Service, which is charged with enforcing the Endangered Species Act and protecting coral in Florida. The groups ask that the Fisheries Service demand that the Corps implement better protections for coral.
What's at Stake: The Value of South Florida's Reef System
The Florida reef tract is the only living, near-shore barrier coral reef system in the continental United States. Coral reef systems provide crucial shelter, food and breeding sites for countless marine plants and animals, including species that are commercially and recreationally valuable. They also protect coastal residents because they buffer storm damage.
The reefs are economically vital to South Florida. A 2001 study found that coral reef-related expenditures generated more than $2 billion in sales in Broward County alone, resulting in $1 billion in income and 36,000 jobs to Broward County.
Unfortunately, Florida's reefs are in dire trouble. Due to pervasive threats like climate change, the National Marine Fisheries Service has listed seven Caribbean species of coral as threatened under the Endangered Species Act. At least six of those species are present near Port Everglades.
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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Warren Asks the Fed to Reconsider Approval of Capital One-Discover Merger
"This decision will inflict serious harm on consumers and merchants, especially low-income consumers and small businesses," wrote Democratic Sen. Elizabeth Warren and Rep. Maxine Waters.
May 05, 2025
Democratic Sen. Elizabeth Warren of Massachusetts and Democratic Rep. Maxine Waters of California are urging the Federal Reserve to reconsider its approval of an impending merger between Capital One Financial Corporation and Discover Financial Services, a tie-up that critics have warned could harm consumers.
In a letter sent last week, Warren and Waters wrote that the decision to approve the merger by the Federal Reserve "was inconsistent with the legal requirements" under the Bank Holding Company Act. They also argued that it did not include a number of relevant assessments, including how the the merger would impact the "convenience and needs of the community" or the "competitive effects on the credit card market."
"This decision will inflict serious harm on consumers and merchants, especially low-income consumers and small businesses, and threaten the stability of the U.S. financial system," states the letter, which was addressed to Secretary of the Board Ann Misback and dated May 1.
Warren is the ranking member on the U.S. Senate Committee on Banking, Housing, and Urban Affairs and Waters is the ranking member on the U.S. House Committee on Financial Services.
The deal was announced in February 2024 and is valued at $35 billion. A report from the Consumer Financial Protection Bureau (CFPB) released right before the acquisition was announced found that the largest credit card firms charge much higher interest rates than smaller banks and credit unions.
The deal initially received some scrutiny around possible impacts to competition, but in April 2025 overcame a major obstacle when the U.S. Department of Justice (DOJ), now under the Trump administration, decided not to challenge the merger.
The Federal Reserve and the Office of the Comptroller of the Currency gave the deal the green light last month.
In response to the DOJ's decision not to challenge the merger, Morgan Harper, the director of policy and advocacy at the American Economic Liberties Project, wrote that "if the Trump administration green-lights the Capital One-Discover merger, it will be a betrayal of working-class Americans and small businesses." The American Economic Liberties Project is an anti-monopoly research and advocacy group.
"If the deal goes through, Capital One will become the largest credit card lender in the country, the first major issuer in decades to control its own payments network, and entrench its striking dominance in subprime credit card lending," Harper continued.
One noteworthy aspect of the merger, which is expected to be finalized mid-May, is that Capital One is set to acquire Discover's card network. This means the combined firm would be akin to a larger version of American Express, "a stand-alone integrated system that could use its millions of customers to push higher fees onto merchants," according to The American Prospect.
Capitol One currently uses Visa and Mastercard credit card networks, which operate an effective duopoly of global payment processing, but has said it would transition to the Discover card network, according the outlet CNET.
This aspect of the merger is without clear precedent and raises concerns about competition, according to Jesse Van Tol, the chief executive of the National Community Reinvestment Coalition, a group that is opposed to the deal, who spoke to The New York Times in April.
"The market power it gives them, and the opportunity it gives them to set pricing in ways that captures a lot of value for the company at the expense of the consumer, is significant," Van Tol told the Times.
In their letter, Warren and Waters alleged that the Federal Reserve failed to adequately scrutinize the competitive effect of this aspect of the deal.
"The board argued that given 'the significant, larger competitors that would remain,' and that Capital One doesn't currently own a network, there aren't any competitive concerns. The board completely missed the fact that the merger would provide Capital One with significant market power to increase interchange fees charged to merchants and reduce rewards and other benefits for consumers. It didn't grapple with the implications of vertical integration and network effects," the two wrote.
When considering the conveniences and needs of the community, Warren and Waters said in their letter that the Federal Reserve did not perform the prospective analysis required by law, and instead "focused on each bank's past performance under the Community Reinvestment Act (CRA)," even though "the convenience and needs of the community is a distinct legal factor, separate and apart from banks' past performance under the CRA."
The two also said that the Federal Reserve appears to not have taken into consideration relevant findings from the CFPB, the Federal Deposit Insurance Corporation, and the DOJ.
Bloombergreported last week that the Federal Reserve received the letter and plans to response, per a spokesperson.
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Alcatraz Push 'No More Than a Sensational Distraction' From Trump's Attack on Public Safety
Less than two weeks ago, Trump's DOJ slashed nearly $1 billion from existing public safety grants that experts warn will "imperil public safety, not promote it."
May 05, 2025
Add "distraction" to the list of words being used to describe President Donald Trump's "psychotic," "deluded," and "unbefuckinglievable" talk about reopening the island prison of Alcatraz in California's San Francisco Bay.
In a statement to reporters on the White House lawn Sunday night, Trump said the idea for reopening Alcatraz—which he first floated in a social media post—was "just an idea I had" and that the prison was a "symbol of law and order."
But less than two weeks ago, the Trump administration ordered the cancellation of an estimated $811 million in grants for public safety from the Justice Department that experts and advocates say were proving successful at reducing crime and curbing harm in communities nationwide—all with bipartisan support.
"Alcatraz," said civil rights attorney Scott Hechinger in response to Trump's social media post—which sparked no shortage of headlines across the news media—is "no more than a sensational distraction from this: Trump just cut nearly $1 billion from bipartisan, proven, successful anti-crime, violence prevention programs around the country."
The various programs impacted by the grant cuts—including gun violence prevention and law enforcement trainings—said Hechinger, were designed to prevent crime "before people were ever harmed."
Arguing that Trump has made the country less safe, not more, by his policies, Hechinger added, "now he's stomping and parading around with big words and sensational capital letters about a wasteful reopening of a domestic torture complex that will never actually happen and do nothing to keep America safer. All while claiming to care about violence prevention. What a dangerous joke."
Lamenting the public safety grant cuts in a blog post last week, the Brennan Center for Justice's Rosemary Nidiry, senior counsel in the group's justice program, detailed how the grant funding slashed by Trump "filled critical gaps" in the nation's public safety infrastructure.
The grants, she noted, "supported victims of crime, trained law enforcement, offered treatment to people with behavioral health and substance issues, and helped people reintegrate into society after incarceration. They also promoted research used to create and guide effective policies. Many if not all were ended immediately and without warning, in the middle of a typical 3-year grant period, disrupting programs and creating financial strain for nonprofits."
"The slashed programs have been proven to make communities safer," wrote Nidiry, "and their end will in fact imperil public safety, not promote it."
When Alcatraz was closed by the Bureau of Prisons in 1963, the cost of running the crumbling facility was the primary driver of that decision.
As Newsweek reports, "Operating Alcatraz proved to be significantly more expensive than other federal prisons. In 1959, the daily per capita cost at Alcatraz was $10.10, compared with $3.00 at the U.S. Penitentiary in Atlanta, making it nearly three times more costly to operate. This high expense was largely due to the island's isolation, which necessitated that all supplies, including food, water, and fuel, be transported by boat. For instance, nearly one million gallons of fresh water had to be barged to the island each week."
In a letter on Friday, over three dozen Democratic lawmakers called on the Justice Department to reinstate $150 million in grants awarded for gun violence prevention.
"This funding, appropriated by Congress, directly contributes to making communities safer," the lawmakers stated in a letter. "We urge you to honor the grants already awarded and to implement this funding as Congress directed."
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'Mockery' of Humanitarian Law: Israel Wants US Mercenaries for Aid Relief in Gaza
What the Israeli government is planning is "not an aid plan," said one legal scholar, but rather "an aid denial plan."
May 05, 2025
Despite global outcry to end the "genocidal" assault on the people of Gaza, Israeli cabinet ministers early Monday approved a plan that could lead to the capture of the "entire Gaza Strip," prompting fresh warnings of a complete ethnic cleansing of the enclave coupled with outrage over a proposal to use U.S.-based mercenaries to be part of distribution of humanitarian aid.
One Israeli official familiar with the shift in military tactics toldHaaretz that Israel Prime Minister Benjamin Netanyahu made clear to his Security Cabinet that the new approach in Gaza will be different from what's been going over the previous 18 months in that it will shift from what were described as "raid-based operations" to "the occupation of territory and a sustained Israeli presence in Gaza."
Another unnamed Israeli official told Agence France-Press that the plan "will include, among other things, the conquest of the Gaza Strip and the holding of the territories, moving the Gaza population south for their protection."
"It is dangerous, driving civilians into militarized zones to collect rations, threatening lives, including those of humanitarian workers, while further entrenching forced displacement."
To support the occupation plan, the Israeli army, with the approval of the Security Cabinet, will be calling up tens of thousands of reservist soldiers, in the words of the IDF, to "intensify the pressure" on Hamas and "expand and intensify" operations in Gaza.
According to the Associated Press:
The new plan, which the officials said was meant to help Israel achieve its war aims of defeating Hamas and freeing hostages held in Gaza, also would push hundreds of thousands of Palestinians to southern Gaza, what would likely exacerbate an already dire humanitarian crisis.
Since a ceasefire between Israel and Hamas collapsed in mid-March, Israel has unleashed fierce strikes on the territory that have killed hundreds. It has captured swathes of territory and now controls roughly 50% of Gaza. Before the truce ended, Israel halted all humanitarian aid into Gaza, including food, fuel and water, setting off what is believed to the be the worst humanitarian crisis in nearly 19 months of war.
The ban on aid has prompted widespread hunger and shortages have set off looting.
In addition to expanded military operations, the Israelis also presented a new approach to distribution of aid on Sunday that would include the use of private military contractors, also known as mercenaries. By relocating the civilian population to the south and forcing people to travel for food, water, and medicine only to designated "hubs" for relief, humanitarians said the plan violates all principles of human rights and the laws of war.
The Washington Postreports Monday that "American contractors" would be used to carry out the plan, which was presented to officials in the Trump administration on Friday.
According to the Post, "two U.S. security companies are expected to be contracted to handle logistics and provide security along initial distribution corridors and in and around the hubs."
The companies, Safe Reach Solutions and UG Solutions, organized and staffed a vehicle checkpoint along a major north-south road through Gaza during the ceasefire.
SRS, which is to handle planning and logistics, is headed by Phil Reilly, a former CIA senior intelligence officer with extensive overseas service who has held senior positions in other private security companies. SRS is to subcontract on-the-ground security operations to UG Solutions, headed by Jameson Govoni, a former Green Beret whose service from 2004 to 2015 included tours in Iraq and Afghanistan. The security contractors are to be armed and have their own force protection. They will not have detention authority.
In response to the new distribution plan, the coalition of United Nations and NGOs operating in Gaza, known as the Humanitarian Country Team (HCT), which operates within the U.N. Office of Coordination for Humanitarian Affairs (OCHA), issued a harsh rebuke to the Israelis, saying that the proposal "contravenes fundamental humanitarian principles and appears designed to reinforce control over life-sustaining items as a pressure tactic–as part of a military strategy."
"The design of the plan presented to us will mean large parts of Gaza, including the less mobile and most vulnerable people, will continue to go without supplies," said the HCT in its statement. "It is dangerous, driving civilians into militarized zones to collect rations, threatening lives, including those of humanitarian workers, while further entrenching forced displacement."
The group added that both the U.N. Secretary-General and the Emergency Relief Coordinator in Gaza "have made clear that we will not participate in any scheme that does not adhere to the global humanitarian principles of humanity, impartiality, independence and neutrality." Instead of the plan presented by the Israelis, the HCT called for an end to the imposed blockade so that neutral relief agencies could bring in the necessary supplies to the suffering population in Gaza.
Jan Egeland, secretary general of the Norwegian Refugee Council (NRC), which helps distribute aid in Gaza and was presented with the plan, decried the proposal.
"After two months of devastating blockade and starvation of Gaza, Israeli officials demand that we shut down the universal aid distribution system run by the UN and NGOs like NRC," said Egeland. "They want to manipulate and militarize all aid to civilians, forcing us to deliver supplies through hubs designed by the Israeli military, once the government agrees to re-open crossings."
Adil Haque, law professor at Rutgers University and director of Just Security, said what the Israeli government is planning is "not an aid plan," but rather "an aid denial plan"—one that "makes a mockery of international humanitarian law."
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