May, 29 2019, 12:00am EDT
For Immediate Release
Contact:
Kyle Tisdel, Western Environmental Law Center, 575-770-7501, tisdel@westernlaw.org
Jeremy Nichols, WildEarth Guardians, 303-437-7663, jnichols@wildearthguardians.org
Barbara Gottlieb, Physicians for Social Responsibility, 202-587-5225, bgottlieb@psr.org
Samantha Ruscavage-Barz, WildEarth Guardians, 505-401-4180, sruscavagebarz@wildearthguardians.org
Another Win for the Climate: Judge Orders Feds to Disclose Climate Impacts of Public Lands Fracking in Colorado and Utah
WASHINGTON
In the wake of a legal victory by WildEarth Guardians, Physicians for Social Responsibility, and the Western Environmental Law Center, the U.S. government asked for and a federal judge ordered a climate review of the impacts of public lands fracking in Colorado and Utah.
"This is another win for the climate and another step forward for defending our public lands from unchecked fracking," said Jeremy Nichols, WildEarth Guardians' Climate and Energy Program director. "The Trump administration simply has no defense; it can't deny its duty to disclose and take action on the climate impacts of fossil fuel development on public lands."
"Fracked gas is dangerous for people and terrible for the climate," said Barbara Gottlieb, Environment and Health Program director for Physicians for Social Responsibility. "This latest win is not only another victory for our health and future, but it reinforces that the oil and gas industry doesn't get a free pass to pollute."
Last Friday May 24, the U.S. Department of the Interior and Bureau of Land Management (BLM) asked a U.S. District Court for a "remand" of several decisions to sell public lands for oil and gas development that were issued in 2015 and 2016 in Colorado and Utah. This would return the decisions to the agency for revision.
Today, the Court granted the motion in a short order, meaning the agency is now on the hook to complete new assessments of the climate impacts of oil and gas leasing
The remand comes results from a landmark federal court ruling in March 2019.
That ruling held the Interior Department failed to account for the cumulative climate implications of leasing more than 300,000 acres of public lands in Wyoming for fracking.
The Judge stated the agencies must "consider the cumulative impact of GHG [greenhouse gas] emissions generated by past, present, or reasonably foreseeable BLM lease sales in the region and nation." The ruling signaled that unless Interior and the BLM account for the climate costs of all oil and gas leasing in the U.S., the agencies will run afoul of federal law.
The case originally targeted more than 450,000 acres in total of oil and gas leasing in the states of Colorado, Utah, and Wyoming.
A map of the leases included in the lawsuit can be accessed here >>
For case management purposes, the Wyoming portion of the case was briefed first. In the wake of the March ruling on leasing in Wyoming, the feds have now conceded they similarly failed to account for the climate impacts of leasing on more than 150,000 acres in Colorado and Utah.
In response, the groups intend to ask the judge to order a halt to the issuance of any new drilling permits on the leases while Interior and the BLM complete their climate assessments. In the March ruling, the judge ordered a similar halt to drilling in Wyoming.
"While this motion continues to affirm the Trump administration can't legally turn its back on climate change, we need accountability," said Samantha Ruscavage-Barz, managing attorney for WildEarth Guardians. "This isn't a matter of doing more paperwork, it's a matter of enforcing restraint to preserve our ability to keep making progress for the climate."
Last fall, scientists with the Department of the Interior released an assessment of greenhouse gas emissions from the production and consumption of fossil fuels from public lands. The report found these emissions, which come from federal coal, as well as offshore and onshore oil and gas, accounted for nearly 25 percent of all U.S. climate pollution.
At the same time, federal climate scientists released Volume II of the Fourth National Climate Assessment, which sounded new alarms over the costs of climate change to the U.S. The report called for "immediate and substantial global greenhouse gas emissions reductions" to prevent the most catastrophic impacts of climate change.
"With the science mounting that we need to aggressively rein in greenhouse gases, this latest concession by the Trump administration is critical," said Kyle Tisdel, attorney and Energy and Communities Program director for the Western Environmental Law Center. "Our initial court win is proving to be a powerful reality check on the Trump administration and a potent tool for reducing climate pollution."
More than 25 million acres of public lands in the U.S. have been leased to the oil and gas industry for development. More than 20 million of these acres are located in the western states of Colorado, Montana, New Mexico, Nevada, Utah, and Wyoming.
Under Trump, the pace of leasing public lands for oil and gas development has surged. In 2018, nearly 4 million acres were put up for sale to the oil and gas industry. So far in 2019, the administration auctioned off or proposed leasing more than 2.1 million acres.
The Western Environmental Law Center uses the power of the law to safeguard the public lands, wildlife, and communities of the American West in the face of a changing climate. We envision a thriving, resilient West, abundant with protected public lands and wildlife, powered by clean energy, and defended by communities rooted in an ethic of conservation.
(541) 485-2471LATEST NEWS
Bowman, Sanders Lead Push for Biden to Probe Israel's Use of US Arms Against Palestinians
"Leaders in Congress who join this letter are following the demands of a rapidly growing number of Americans—including American Jews—who want to see the Israeli government held accountable for its decades of oppression of Palestinians," said one advocate.
Mar 29, 2023
Rep. Jamaal Bowman and Sen. Bernie Sanders are circulating a letter this week urging the Biden administration to "undertake a shift in U.S. policy in recognition of the worsening violence, further annexation of land, and denial of Palestinian rights" by Israel.
The letter, which was first obtained and published by Alex Kane at Jewish Currents, was written by Bowman (D-N.Y.) and is being circulated by Sanders (I-Vt.) in order to gain support from other senators. So far, Reps. Alexandria Ocasio-Cortez (D-N.Y.), Summer Lee (D-Pa.), Rashida Tlaib (D-Mich.), Cori Bush (D-Mo.), Ilhan Omar (D-Minn.), Betty McCollum (D-Minn.), André Carson (D-Ind.), and Ayanna Pressley (D-Mass.) have signed it.
In the letter, the lawmakers expressed their "deep concern" over the "rapidly escalating violence" perpetrated by Israeli occupation forces and settler-colonists against Palestinians. It notes that Israeli Prime Minister Benjamin Netanyahu's far-right government includes people like Itamar Ben-Gvir, the Jewish supremacist security minister who "openly encourages and praises violence against Palestinians," and Finance Minister Bezalel Smotrich, who "responded to the recent Israeli settler attacks on the Palestinian town of Huwara" by calling for the whole town to be "wiped out."
\u201cSCOOP: Bowman, Sanders and 8 others are urging the Biden administration to investigate whether Israel is using US weapons to commit human rights abuses against Palestinians. It's progressives' most forceful response yet to Israel\u2019s new far-right government\u00a0https://t.co/iPJVBdemIe\u201d— Alex Kane (@Alex Kane) 1680104787
The letter—which, unlike various human rights groups, does not use the term apartheid—details "shocking violence" that is the "bloody reality" for Palestinians living under illegal occupation in the West Bank.
"On February 22, a daytime raid by the Israeli army into the crowded Palestinian city of Nablus killed 11 Palestinians, among them a 72 year-old-man and a 16-year-old child," the lawmakers wrote. "On February 26, a Palestinian gunman shot dead two Israeli settlers outside of Nablus. Subsequently, hundreds of Israeli settlers attacked the Palestinian town of Huwara."
"The settlers, accompanied by the Israeli army, set fire to homes, schools, vehicles, and businesses, killing one Palestinian and injuring over 300 Palestinians," the letter continues. "The local Israeli military commander called the attack a 'pogrom.'"
The letter notes:
This comes amid an already violent year. Israeli forces and settlers have killed over 85 Palestinians in 2023, including 16 children. At least 14 Israelis have been killed, including two children. The previous year was the deadliest for Palestinians in the occupied West Bank since 2004 and included the Israeli military's killings of two American citizens, Shireen Abu Akleh and Omar Assad...
This Israeli government's anti-democratic mission to dismantle the rule of law is a threat to Israelis and Palestinians alike. In addition to explicitly hateful, anti-Palestinian policies, this government is attempting to destroy the independent Israeli judiciary.
The Israeli government's judiciary reforms—which earlier this week were put on hold amid massive protests—"open the path towards further annexation of Palestinian lands," in "violation of international law," the U.S. legislators noted.
The lawmakers urge the Biden administration to:
- Ensure U.S. taxpayer funds do not support projects in illegal settlements;
- Determine whether U.S.-origin defense articles have been used in violation of existing U.S. laws, including for a purpose not authorized by Section 4 of the Arms Export Control Act... or to commit or support gross violations of human rights by the Israeli government; and
- Ensure that all future foreign assistance to Israel, including weapons and equipment, is not used in support of gross violations of human rights.
The lawmakers' push was praised by organizations including the Institute for Policy Studies, Win Without War, and Jewish Voice for Peace, whose political director, Beth Miller, called the letter "an important call to action."
\u201cUSCPR is proud to sign onto this letter led by \n@SenSanders & @RepBowman. \n\nThis letter pushes action & accountability for the U.S.'s ongoing funding of the Israeli regime's human rights abuses against Palestinian people. \n\n#StopArmingIsrael\nhttps://t.co/N4YDS2CSDD\u201d— #DefendMasaferYatta USCPR (@#DefendMasaferYatta USCPR) 1680112274
"Over 80 Palestinians have been killed by Israeli forces and settlers just since the beginning of 2023, and the Biden administration's statements of 'concern' mean nothing without action and accountability," Miller said in a statement. "Leaders in Congress who join this letter are following the demands of a rapidly growing number of Americans—including American Jews—who want to see the Israeli government held accountable for its decades of oppression of Palestinians."
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Biden Veto Expected After 4 Senate Dems, Sinema Help GOP Gut Water Protections
"The senators who voted to remove these protections shamefully put corporate profits over our right to clean drinking water, healthy water-reliant economies, and sustainable water supply," said one critic.
Mar 29, 2023
U.S. President Joe Biden's vow to veto a Republican-led resolution that would gut his administration's water protections did not stop four Democratic senators and one ex-Democrat from helping the GOP send the measure to his desk on Wednesday.
Democratic Sens. Catherine Cortez Masto (Nev.), Joe Manchin (W.Va.), Jacky Rosen (D-Nev.), and Jon Tester (Mont.) along with now-Indepedent Sen. Kyrsten Sinema (Ariz.) joined with all Republicans present to pass H.J. Res. 27 in a 53-43 vote.
Passed by the GOP-controlled House early this month mostly along party lines—nine Democrats supported the measure while just one Republican opposed it—the resolution takes aim at regulations finalized by the Biden administration in late December.
"A majority of senators elected to represent the American people have chosen to side with corporate polluters."
Reversing one of many rollbacks under former President Donald Trump, under the Biden rule, the Environmental Protection Agency (EPA) defines "waters of the United States" (WOTUS) that are protected under the Clean Water Act as "traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters."
In an early March policy statement threatening what is now expected to be Biden's second veto, the White House explained that "H.J. Res. 27 would leave Americans without a clear 'waters of the United States' definition. The increased uncertainty would threaten economic growth, including for agriculture, local economies, and downstream communities."
"Farmers would be left wondering whether artificially irrigated areas remain exempt or not," the White House warned. "Construction crews would be left wondering whether their waterfilled gravel pits remain exempt or not."
"Compared to the kind of uncertain, fragmented, and watered-down regulatory system that H.J. Res. 27 might compel," the White House added, "the final rule will secure substantial and valuable benefits each year in critical flood protections, enhanced water quality, and the treasured recreational activities—fishing, swimming, boating, and more—that fill the lives and livelihoods of tens of millions of U.S. households that depend on healthy wetlands and streams."
\u201cGood thing @POTUS plans to veto \ud83d\udc4e this misguided resolution. We're grateful to #ChesBay champ @SenatorCardin and @EPWCmte Chairman @SenatorCarper for forcefully speaking against it.\u201d— Chesapeake Bay Foundation (@Chesapeake Bay Foundation) 1680118199
If they all choose to run, Manchin, Rosen, Sinema, and Tester, are up for reelection next year. Cortez Masto, who narrowly won reelection in November, told the Nevada Appeal on Wednesday that the Silver State's "unique water needs are unlike any other state, and this administration's rule forces our local governments, farmers, ranchers, and businesses to jump through unnecessary red tape."
As E&E Newsnoted Wednesday:
One vulnerable Democrat facing a tough reelection campaign opted to stick with his party. Arizona Sen. Mark Kelly's vote had previously been an open question, but during a recent hearing, he repeatedly questioned the use of the Congressional Review Act to target WOTUS.
The CRA allows for a simple majority to overturn recent rules, but also hinders the government's ability to pursue a similar rule. Kelly expressed concern the resolution might unravel any efforts to make Clean Water Act enforcement suitable to states like his.
"Restoring critical protections for waters across the country should be a simple and easily supported effort. Yet a majority of senators elected to represent the American people have chosen to side with corporate polluters and play politics with one of our most critical natural resources," declared Sierra Club executive director Ben Jealous. "This is inexcusable."
"Access to clean, safe water is a human right and should never be determined by where someone lives, how much money they make, or the color of their skin," he said. "The Sierra Club has and will continue to work with our allies to protect our waters, and we call President Biden to swiftly veto the WOTUS Congressional Review Act resolution."
Earthjustice senior legislative counsel Julián González similarly called out the senators and called for a swift veto, while also warning that "protections for clean water are constantly under attack from polluting industries, and this will not be the last Republican attempt to significantly weaken the Clean Water Act during this Congress."
\u201c@POTUS How did we get here? Industry has been hellbent on pursuing deregulatory policies that are politically unpopular and benefit very few, but want people to believe that it was done in their best interest. \n\nSimply put: they spread disinformation. https://t.co/oBa3GYgeuU\u201d— Earthjustice (@Earthjustice) 1680122201
"The Clean Water Restoration Rule is grounded in the scientific consensus of how waters and wetlands are hydrologically connected and incredibly important to protect," González stressed. "This is a welcome step forward from the Trump administration's pro-polluter dirty water."
"Unfortunately, instead of relying on the science, Republicans—and some Democrats—are choosing to ally themselves with dirty industries whose mission is to eliminate any and all meaningful protections for our waters," he continued. "The senators who voted to remove these protections shamefully put corporate profits over our right to clean drinking water, healthy water-reliant economies, and sustainable water supply."
"We urge members of Congress who supported this resolution to reflect on why they are tossing aside concerns of people from all walks of life who value our waters in order to support those who would decimate the Clean Water Act if they had their way," González added. "Finally, we applaud President Biden for indicating he will reject this effort and veto this resolution when it reaches his desk."
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Idaho GOP Invents 'Abortion Trafficking' Crime to Block Minors From Care
"Human trafficking is a terrible crime where one person takes another person against their will," said one state Democrat. "It is very different from helping a young woman seek medical care without her parents' knowledge."
Mar 29, 2023
Reproductive rights advocates and Democratic state lawmakers in Idaho on Wednesday condemned a Republican proposal to create a new crime in the state using the invented term "abortion trafficking," which would criminalize people who help minors to obtain out-of-state abortion care.
The bill (H.B. 242) is widely expected to pass in the state Senate and easily passed in the state House earlier this month on a party-line vote, with 57 Republicans supporting the proposal and and 12 Democrats opposing it. GOP Gov. Brad Little, who has strongly supported the state's abortion ban, is expected to sign the legislation.
H.B. 242 would establish so-called "abortion trafficking" as a new crime and would restrict minors' ability to travel to get abortion care without parental consent.
Any adult who, "with the intent to conceal an abortion from the parents or guardian of a pregnant, unemancipated minor, either procures an abortion... or obtains an abortion-inducing drug" for a minor could face felony charges and up to five years in prison.
Family members of a minor who obtains an abortion across state lines—or the person who impregnated the minor—would be permitted to sue the providers who helped facilitate the procedure for a minimum of $20,000.
Idaho Senate Minority Leader Melissa Wintrow (D-19), toldThe Washington Post that the legislation "cheapens the term 'human trafficking' and that's shameful."
"Human trafficking is a terrible crime where one person takes another person against their will," Wintrow added. "It is very different from helping a young woman seek medical care without her parents' knowledge."
Last August, one of the nation's most restrictive anti-abortion laws went into effect in Idaho, two months after the right-wing majority on the U.S. Supreme Court overturned Roe v. Wade.
The law bans abortions after six weeks of pregnancy—before many people know they are pregnant—with exceptions in cases involving rape or incest or when the pregnant person's life is in danger. Exceptions to save a pregnant person's life have already resulted in medical providers refusing to provide care in cases when the patient is growing progressively sicker and their fetus has no chance of survival.
Women's March said the bill is likely "the first of many fascist, unconstitutional bills" that will seek to limit pregnant people's ability to travel for abortion care.
\u201cUPDATE: Idaho is about to become the first state to restrict interstate travel for an abortion. The GOP isn't stopping with Dobbs \u2014 now they're coming for our right to travel with the first of many fascist, unconstitutional bills.\u201d— Women's March (@Women's March) 1680106725
Mistie DelliCarpini-Tolman, the Idaho state director for Planned Parenthood Alliance Advocates, told lawmakers this week that the legislation will place many vulnerable young pregnant people in harm's way.
"For young people living in abusive households, disclosing sexual activity or a pregnancy can trigger physical or emotional abuse, including direct, physical or sexual violence, or being thrown out of the home," said DelliCarpini-Tolman.
Republicans in the state are seeking to further criminalize abortion care days after the state's northernmost hospital announced it will soon close its obstetrics department, citing staffing issues that have following Idaho's abortion ban.
On Tuesday, Republicans in the state announced they would not consider a bill to expand postpartum Medicaid coverage.
"Last year, legislators said they wanted to pass policies to support the health of mothers," Hillarie Hagan, health policy associate for the advocacy group Idaho Voices for Children, told News From the States, "and now they're about to leave town without passing House Bill 201, which would've done just that."
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