October, 29 2018, 12:00am EDT
For Immediate Release
Contact:
Andrea Treece, Earthjustice, (415) 217-2089, atreece@earthjustice.org
Emily Ehrhorn, the Humane Society of the United States, (202) 779-1814, eehrhorn@humanesociety.org
Rebecca Bullis, Defenders of Wildlife, 202-772-0295, rbullis@defenders.org
Supreme Court Halts Effort to Reinstate Failed "No Otter Zone" in California
Supreme Court denies appeal of decision upholding U.S. Fish & Wildlife decision to end experimental program that set back California sea otter recovery
WASHINGTON
The U.S. Supreme Court today declined to review a Ninth Circuit decision that upheld the U.S. Fish and Wildlife's termination of a failed experimental program known as the "No Otter Zone." The U.S. Fish and Wildlife Service had determined the program would harm the California sea otter by excluding the animals from their historic range along the Southern California coast.
The high court's decision marks the end of years of litigation by fishing groups, represented by the Pacific Legal Foundation, aimed at forcing the government to reinstate the program even though it would harm sea otters and prevent the species from recovering.
"It's a relief to see common sense win the day. The decision to end the "No Otter Zone" was not only reasonable--it was the only option for protecting otters and complying with the law," said Earthjustice attorney Andrea Treece. "Otters are an irreplaceable part of our coastal ecosystem - otters need kelp forest and seagrass habitat, and those habitats need otters. Allowing otters to expand their population southward without human interference helps sea otters and coastal habitats."
Earthjustice, on behalf of Friends of the Sea Otter, Defenders of Wildlife, The Humane Society of the United States and Center for Biological Diversity, intervened to help defend the Service's decision.
Several fishing industry groups sued the U.S. Fish and Wildlife Service multiple times, arguing that it was obligated to continue to implement the "No Otter Zone," even after the agency determined that doing so would jeopardize the species' chances at survival and recovery. Two district courts ruled against the industry groups and they appealed the previous rulings.
The Ninth Circuit ruled against these industry groups, confirming that the agency acted fully within its authority by ending the experimental sea otter translocation and management program when it determined it was preventing sea otter recovery rather than promoting it.
"This decision is a win for sea otters and endangered species everywhere," said Anna Frostic, managing attorney for wildlife and animal research for the Humane Society of the United States. "The court reinforced that the government has the obligation to amend or terminate a program when it is no longer helping the imperiled species that the government is required to protect."
"The Supreme Court's decision confirms the ruling that the Fish and Wildlife Service made the right decision to let sea otters expand their range naturally, without artificial barriers. If this species is to recover, wider distribution throughout the historic sea otter range is essential," said Friends of the Sea Otter Board Chair Jennifer Covert. "It is gratifying that the fight we have been involved in for approximately two decades to end the no otter zone has now been confirmed by the courts."
The conservation groups defending the decision opposed high court review, pointing out that the decision was also fully consistent with the Fish and Wildlife Service's independent obligation to protect and recover listed species under the Endangered Species Act.
"It's great to see the Supreme Court deferring to wildlife professionals on ending this ill-conceived program. Sea otters and the people who love them should be applauding this victory," said Miyoko Sakashita, oceans program director for the Center for Biological Diversity. "This decision helps keep California's sea otters on the path toward recovery."
"If we want threatened sea otters to make a comeback in California, we need programs that encourage recovery instead of hindering it," said Kim Delfino, director of California programs for Defenders of Wildlife. "The U.S. Fish and Wildlife Service recognized that the 'No Otter Zone' would do more harm than good to sea otters by blocking their access to vital habitat. The court's decision reaffirms that fact."
Background:
Congress established the "No Otter Zone" in 1986 as part of a plan by U.S. Fish and Wildlife Service to translocate sea otters to San Nicolas Island to establish a second population. At the time, the agency suggested the translocation program would aid the recovery of the California sea otter, protected as a threatened species under the Endangered Species Act. The "No Otter Zone" was established by Congress in response to complaints from fishermen that moving otters to a new location could interfere with their fishing activities.
Many relocated otters swam back to their waters of origin; others died as the result of being captured or transported. The U.S. Fish and Wildlife Service ultimately determined that enforcing the "No Otter Zone" was hurting the sea otter's recovery chances. In 2003, the agency determined again that eliminating the zone and allowing otters to expand to their natural, historical range south of Point Conception was necessary to achieve recovery of the species.
Fishing industry groups sought in two lawsuits to force the Service to re-establish the "No Otter Zone." In September 2015, U.S. District Court Judge Walter found that forcing the Service to continue the failed program would be absurd, given that the purpose of the program had been to protect otters and the program was now known to harm their survival and recovery.
In March 2017, Judge Dolly M. Gee of the U.S. District Court, Central District of California, also ruled in favor of the U.S. Fish and Wildlife Service's decision to end the program.
In March 2018, the Ninth Circuit upheld both of the district courts' decisions.
While the California sea otter population has rebounded from historical lows, the species remains threatened by pollution, disease, and competition with fisheries. The California sea otter population is believed to have been between 14,000 and 16,000 animals before fur traders arrived. In recent years, it has hovered around 3,000 animals.
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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Fury as South Korea's Conservative Party Thwarts Impeachment Vote
"Today, citizens witnessed democracy taking a step backward," said the Korean Confederation of Trade Unions.
Dec 07, 2024
A bid to impeach South Korean President Yoon Suk Yeol over his short-lived imposition of martial law failed Saturday after lawmakers from his conservative party left the National Assembly chamber and refused to take part in the vote.
Supporters of impeachment needed at least eight members of Yoon's People Power Party (PPP) to support removing the president, who apologized to the nation in a one-minute-long address Saturday morning but refused to step down after he briefly instituted martial law in a stated attempt to "eradicate shameful pro-North Korea" forces, plunging the country into a political crisis.
Yoon's gambit sparked immediate and sustained protests and was widely seen as a coup attempt.
Saturday's impeachment effort drew a massive number of people into the streets outside the National Assembly building despite below-freezing temperatures, and demonstrators voiced outrage when they learned that Yoon's allies thwarted the initial attempt to oust him. Just two PPP members returned to the National Assembly chamber to cast a ballot Saturday.
"I am so angry. I can't find the words to describe my frustration," 23-year-old Kim Hyo-lim toldThe New York Times. "I am devastated, but I feel honored to be a part of this historic moment for my country."
Another demonstrator said they intend to protest "every weekend" until Yoon is removed.
(Photo: Daniel Ceng/Anadolu via Getty Images)
Organizers said roughly a million people took part in demonstrations Saturday in support of Yoon's impeachment. Many also demanded his arrest.
The Financial Timesreported following the failed impeachment effort that Yoon—whose term expires in 2027—and PPP leaders "appeared to have reached a deal whereby the president would hand over political direction of the country to his party and agree to stand down at a time of the party's choosing, in return for support in the impeachment vote."
The Korean Confederation of Trade Unions (KCTU), which has over 1.1 million members, called PPP lawmakers who boycotted Saturday's vote "accomplices in treason."
"The People Power Party has turned its back on the people's wishes, effectively admitting their complicity," KCTU said in a statement posted to social media. "More than one million citizens gathered in front of the National Assembly. They came together because they cannot forgive a president who declared martial law and aimed weapons at his own people. Despite the cold winter weather, they took to the streets hoping desperately for the impeachment to pass."
"Today, citizens witnessed democracy taking a step backward," KCTU added. "They saw clearly who stands with those who would harm our democracy. The People Power Party must be dissolved. Those who protect Yoon must face consequences. It would be a grave mistake to think this can be resolved through compromise or constitutional amendments for an early resignation. Through the people's judgment, Yoon, his associates, and the People Power Party will face severe consequences."
Opposition lawmakers are expected to file a fresh impeachment motion next week as pressure mounts for Yoon to step down.
Additionally, as The Washington Postreported, "the national police have opened an investigation into Yoon on treason accusations by opposition parties and activists."
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The top Democrat on the House Appropriations Committee warned Friday that President-elect Donald Trump is planning to "steal from the programs and services that affect middle-class, working, and vulnerable families" by refusing to spend money appropriated by Congress.
Rep. Rosa DeLauro (D-Conn.) said in a statement that Trump's strategy, known as "impoundment," is "uninformed and unconstitutional," adding that "the Supreme Court, the Department of Justice, and the Government Accountability Office are all in agreement—the Constitution provides no impoundment power to the president to unilaterally withhold funds appropriated by Congress."
"It is the sworn duty of the president of the United States to faithfully execute the law," DeLauro added, "and appropriations laws are no exception."
In a new fact sheet, Democrats on the House Appropriations Committee note that "the Constitution gives Congress the power of the purse, and nowhere does it give the president any unilateral power to either temporarily or permanently impound—steal, withhold, or prevent from being spent—funds appropriated by Congress."
"The Framers were right to give Congress the power of the purse," the fact sheet states. "If the president had the unilateral power to decline to spend resources as directed by Congress, then those who rely on Social Security, Medicare, Veterans Medical Care, and other federal spending programs would be subject to the whims of the executive branch. The American people would be unable to depend on promises made by Congress in appropriations laws."
Trump has explicitly vowed to use impoundment to "squeeze the bloated federal bureaucracy for massive savings," a plan endorsed by the billionaire pair tapped by the president-elect to run a new commission tasked with identifying spending and regulations to slash.
"With impoundment, we can simply choke off the money," Trump declared in a campaign ad.
"They have no authority. Does anybody get that?"
Following Elon Musk and Vivek Ramaswamy's visit to Capitol Hill on Thursday to discuss their plans for the "Department of Government Efficiency" (DOGE) with GOP lawmakers, The Washington Postreported that Republicans are "keen on expanding the president's power to impound spending—or refuse to spend money Congress authorizes."
"Musk and Ramaswamy said they were eager to test the constitutional limits of Trump's ability to unilaterally control spending decisions," the Post reported, citing two unnamed lawmakers. "Republicans largely left the more than two-hour meeting giddy."
Analysts argue Trump's plan to withhold federal spending would run afoul of the 1974 Congressional Budget and Impoundment Control Act (ICA). The law, as Propublica's Molly Redden explained, "forbids presidents from blocking spending over policy disagreements."
"A similar power grab led to his first impeachment," Redden wrote. "During his first term, Trump held up nearly $400 million in military aid to Ukraine while he pressured President Volodymyr Zelenskyy to open a corruption investigation into Joe Biden and his family. The U.S. Government Accountability Office later ruled his actions violated the Impoundment Control Act."
Democrats on the House Budget Committee recently pointed out that "although decided after the ICA passed, the Supreme Court unanimously held in Train v. City of New York that even without the ICA, the president does not have unilateral authority to impound funds."
That hasn't stopped Trump, Musk, and Ramaswamy from exploring ways to cut or block spending without congressional approval.
In a Wall Street Journalop-ed published last month, Musk and Ramaswamy wrote that "even without relying on" the view that the ICA is unconstitutional, "DOGE will help end federal overspending by taking aim at the $500 billion-plus in annual federal expenditures that are unauthorized by Congress or being used in ways that Congress never intended, from $535 million a year to the Corporation for Public Broadcasting and $1.5 billion for grants to international organizations to nearly $300 million to progressive groups like Planned Parenthood."
Housing assistance, childcare aid, student loan programs, and other spending would also be vulnerable under such an approach.
"They want [to cut] $2 trillion," DeLauro told reporters Thursday. "Think about the discretionary budget. It's $1.7 trillion. Where are they going for the money? Where are they going?"
"They have no authority," she added. "Does anybody get that?"
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"It's stuff like this that will cost us manufacturing jobs/opportunities," warned one critic.
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As part of President-elect Donald Trump's mission to roll back the Biden administration's climate policies, the Republican may cancel contracts to electrify the U.S. Postal Service's fleet, Reutersrevealed Friday, citing unnamed sources familiar with transition team discussions.
"The sources told Reuters that Trump's transition team is now reviewing how it can unwind the Postal Service's multibillion-dollar contracts, including with Oshkosh and Ford for tens of thousands of battery-driven delivery trucks and charging stations," according to the news agency.
The USPS in December 2022 announced a five-year $9.6 billion investment that involved electrifying 75% of its next-generation delivery vehicles and installing modern charging infrastructure. That came just months after President Joe Biden signed the Inflation Reduction Act, which included $3 billion in funding for the endeavor.
Ford did not respond to Reuters' requests for comment on Friday, while Oshkosh said that it "is fully committed to our strong partnership with the USPS and looks forward to continuing to provide our postal carriers with reliable, safe, and sustainable modern delivery vehicles, even as USPS' needs continue to evolve."
The USPS also did not respond to requests for comment and Trump transition team spokesperson Karoline Leavitt declined to address his Postal Service plans, only saying that "President Trump will protect the freedom of Americans to drive whichever vehicle they choose, enhance his tough tariffs on Chinese-imported cars, and save the U.S. auto industry for generations to come. No policy should be deemed official unless it comes directly from President Trump."
During the campaign, Trump pledged to roll back Biden's climate policies if Big Oil poured $1 billion into getting him elected. He also attacked the Democrat's efforts to promote a shift to electric vehicles (EVs). Transportation accounts for the largest portion of all U.S. greenhouse gas emissions and the United States is the world's top historic emitter.
Even under Biden, U.S. plans to limit planet-heating pollution did not align with the country's contributions to the fossil fuel-driven climate emergency—but climate scientists and advocates widely backed his and later Vice President Kamala Harris' campaign leading up to last month's election, recognizing the threat posed by Trump.
John Hanger, a Democrat who previously held various envirnomental and energy positions in Pennsylvania's government, responded to the Reuters reporting on social media: "Ugh! Canceling contracts to electrify transportation of USPS would be dirty and dumb!"
Meanwhile, Scott Paul, president of the Alliance for American Manufacturing, said that "it's stuff like this that will cost us manufacturing jobs/opportunities."
Some critics also speculated whether such contracts may be redone to benefit Tesla. The company's CEO is Elon Musk, who is the richest man in the world, dumped around $270 million into super political action committees backing Trump's reelection bid, and is set to co-lead his forthcoming Department of Government Efficiency (DOGE) with fellow billionaire Vivek Ramaswamy.
Last month, Reuters reported on the Trump transition team's plans to kill Biden's fuel efficiency standards and a $7,500 consumer tax credit for EV purchases, which Musk was asked about while he and Ramaswamy were on Capitol Hill Thursday to meet with Republican lawmakers.
"I think we should get rid of all credits," Musk told reporters—despite his own company's reliance on Biden's EV policies.
Responding to Musk's comment in a Friday statement, Will Anderson, EV policy advocate with Public Citizen's Climate Program, said that "as someone who's asking to work for the American people through his so-called DOGE, Musk should not perpetuate crony capitalism that only benefits himself and others with access to Trump."
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