July, 13 2020, 12:00am EDT
For Immediate Release
Contact:
Andrew Hawley, Western Environmental Law Center, hawley@westernlaw.org
Amy Kober, American Rivers, akober@americanrivers.org
Bob Nasdor, American Whitewater, bob@americanwhitewater.org
Nic Nelson, Idaho Rivers United, nic@idahorivers.org
Walter “Redgie” Collins, California Trout, rcollins@caltrout.org
Outdoor Recreation and Conservation Advocates Challenge EPA Rule Granting Industry Priority Over State, Public in Clean Water Decisions
Citing breathtaking levels of overreach, conservation, fishing, and paddling advocates today filed a complaint in federal court challenging the Environmental Protection Agency's (EPA)
SEATTLE
Citing breathtaking levels of overreach, conservation, fishing, and paddling advocates today filed a complaint in federal court challenging the Environmental Protection Agency's (EPA) final rule effectively sidelining the role the states and the public have long played in permitting decisions affecting clean water.
"With this rule change, the Trump administration has given corporations the green light to run roughshod over local communities, and has proven it is more interested in corporate rights than states' rights," said Andrew Hawley, attorney at the Western Environmental Law Center. "The judicial branch must intervene to preserve some semblance of balance in our nation. What an opportunity for the courts here: To stop this flagrant overreach steamrolling states and Tribes while preserving an essential public health and clean water protection."
The new rule guts the Clean Water Act's Section 401 provisions, which for nearly 50 years have provided for states' and authorized Tribes' self-determination in permitting for a wide array of projects requiring federal approval within their borders. The rule also suppresses state and Tribal public participation processes that moor U.S. water policy in the harbor of democracy.
"Now is not the time to be rolling back protections for our rivers and clean water," said Chris Williams, senior vice president for conservation at American Rivers. "We need to be doing more, not less, to ensure healthy rivers can provide clean drinking water and support strong communities and local economies. The Trump administration's unlawful new 401 rules abandon the Clean Water Act's commitment to providing a voice for Tribes, states, and communities in how their rivers and streams are protected and managed, allowing potentially harmful projects to escape critical local review. We must protect the rights of states and Tribes to defend clean water safeguards."
"The rule changes will have a long-term and devastating effect on California's ability to manage its clean water resources," said Redgie Collins, staff attorney at California Trout. "Unless changed, this gives hydroelectric dam operators the ability to skirt State Water Board regulations that protect the health, safety, and welfare of all Californians."
This rule change is separate from rollbacks to the Waters of the U.S. Rule (WOTUS), which eliminates protections for many waterbodies throughout the country, but represents an equally dangerous threat to clean water and public health nationwide: Section 401 applies broadly to any proposed federally licensed or permitted activity that may result in a discharge into any waterway that is covered under the law. Projects that may be approved against states' and Tribes' wishes include pipelines, hydropower, industrial plants, municipal facilities, and wetland development.
Working in combination, the Section 401 and WOTUS rollbacks will make it virtually impossible for states, Tribes, and communities to stand in opposition to projects that will pollute and harm their rivers, streams, lakes, and wetlands.
Further, the new rule limits the information on proposed projects that may be made available to the states, Tribes, and the public.
"These new regulations are a brazen attack on the Clean Water Act with the goal of undermining the public's ability to protect our rivers from harmful impacts of federally-licensed energy projects on the environment and outdoor recreation," said Bob Nasdor, American Whitewater legal director. "Rather than protecting and restoring our rivers, these rules will weaken water quality by limiting the information, time for review, and ability of the states to require that projects meet state standards."
"Under the cover of COVID-19, the Trump administration has again stripped one of our bedrock environmental laws and is giving extractive and polluting industries the power to dictate their own pollutant levels in our rivers, lakes, and wetlands, all in the name of profit," said Nic Nelson of Idaho Rivers United. "By effectively silencing public review and participation processes for these projects, they will have equally degraded our basic rights of democracy."
The new rule, finalized without Congressional input, directly overturns Congress' intent to integrate state and federal authority for permitting decisions affecting state waterways.
Letters (public comments) from states, Tribes, and organizations opposing Section 401 rollbacks:
Opposition Letter: State of South Dakota (scathing)
October 21, 2019
https://pdfhost.io/v/v.mLY3z2d_20191021South_Dakota_CWA_401_commentspdf.pdf
Opposition Letter: State of Arkansas
October 21, 2019
https://pdfhost.io/v/5RTbsrt8~_AR_401_Commentspdf.pdf
Opposition Letter: State of California
October 21, 2019
https://pdfhost.io/v/F1zojtGKa_20191021_Ltr_to_A_Wheeler_re_SWRCB
Opposition Letter: Confederated Tribes and Bands of the Yakama Nation
October 21, 2019
https://pdfhost.io/v/FoaQ2zvAh_20191021Yakama_Nation_Section_401_Commentspdf.pdf
Opposition Letter: Inter Tribal Association of Arizona
October 21, 2019
https://pdfhost.io/v/.jk5nJ1oK_InterTribal_Assn_of_AZ_401_Commentspdf.pdf
Opposition Letter: State of Idaho
October 21, 2019
https://pdfhost.io/v/kZlX31CB7_ID_401_Commentspdf.pdf
Opposition Letter: State of Louisiana
October 19, 2019
https://pdfhost.io/v/F52ivsrg._LA_401_Commentspdf.pdf
Opposition Letter: Menominee Indian Tribe of Wisconsin
October 22, 2019
https://pdfhost.io/v/UTuKpy6FF_Menominee_Tribe_401_Commentspdf.pdf
Opposition Letter: State of Montana
October 17, 2019
https://pdfhost.io/v/SnoPVhxYj_MT_401_rule_Commentspdf.pdf
Opposition Letter: State of Nevada
October 17, 2019
https://pdfhost.io/v/0BeC6MkzI_NV_401_Rule_Commentspdf.pdf
Opposition Letter: State of New York
October 21, 2019
https://pdfhost.io/v/c0.jrsYs~_NY_401_Commentspdf.pdf
Opposition Letter: State of Pennsylvania
October 21, 2019
https://pdfhost.io/v/Q9h7qFprp_PA_Comments_on_401_rulepdf.pdf
Opposition Letter: Seattle City Light
October 21, 2019
https://pdfhost.io/v/XDTlaYaTh_Seattle_City_Light_401_Commentspdf.pdf
Opposition Letter: Skokomish Indian Tribe
October 20, 2019
https://pdfhost.io/v/NKCE.ps4l_20191020Skokomish_Tribe_Section_401_Commentspdf.pdf
Opposition Letter: Standing Rock Sioux
October 21, 2019
https://pdfhost.io/v/67Ar2EyV8_Standing_Rock_Sioux_401_Commentspdf.pdf
Opposition Letter: State of Tennessee
October 21, 2019
https://pdfhost.io/v/e7PdQltny_TN_401_Commentspdf.pdf
Opposition Letter: State of Texas
October, 2019
https://pdfhost.io/v/SS5mPC48m_TX_401_commentspdf.pdf
Opposition Letter: Twenty-Nine Palms Band of Mission Indians
October 14, 2019
https://pdfhost.io/v/hiNTrBCKr_Twenty_Nine_Palms_Band_401_Commentspdf.pdf
Opposition Letter: State of Washington
May 24, 2019
https://pdfhost.io/v/21GYgD4xa_WA_401_Commentspdf.pdf
Opposition Letter: National Governors' Association
October 18, 2019
https://www.nga.org/policy-communications/letters-nga/natural-resources-committee/
Opposition Letter: Western Governors' Association, National Conference of State Legislatures, National Association of Counties, National League of Cities, U.S. Conference of Mayors, Council of State Governments, Western Interstate Region, Association of Clean Water Administrators, Association of State Floodplain Managers, Association of State Wetland Managers, Western States Water Council
October 16, 2019
Opposition Letter: Earthjustice, Sierra Club, and 31 other organizations
October 21, 2019
https://www.sierraclub.org/sites/www.sierraclub.org/files
Opposition Letter: Sens. Carper, Duckworth, and Booker
October 21, 2019
Opposition Letter: Southern Environmental Law Center
October 21, 2019
Opposition Letter: Rep. Peter DeFazio
July 29, 2019
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
'Unhinged' Israeli Ambassador Literally Shreds UN Charter Ahead of Palestine Vote
"Shame on you," said Israeli Ambassador Gilad Erdan shortly before the U.N. General Assembly passed a resolution supporting full membership for Palestine.
May 10, 2024
Shortly before the United Nations General Assembly approved a resolution Friday supporting full U.N. membership for Palestine, Israel's ambassador took to the podium and put a prop copy of the U.N.'s founding document through a handheld paper shredder.
In a speech that one journalist described as "unhinged," Israeli Ambassador to the U.N. Gilad Erdan described Palestinians as "modern-day Nazis" and condemned the U.N. General Assembly for choosing to "reward" them with "rights and privileges."
"You are shredding the U.N. Charter with your own hands," Erdan said as he fed a small copy of the document through a miniature paper shredder. "Shame on you."
Watch:
Watch: Israeli ambassador to the UN @giladerdan1 used a paper shredder to shred the UN charter on the podium of the UN general assembly ahead of a vote that will give new privileges to the Palestinians at the UN pic.twitter.com/mWQ85c8uwK
— Barak Ravid (@BarakRavid) May 10, 2024
Erdan's bizarre performance came just before the U.N. General Assembly voted overwhelmingly in favor of a resolution urging the Security Council to reconsider Palestine's request to become a full U.N. member following a U.S. veto last month. Palestine is currently a nonmember observer state of the U.N.
The General Assembly voted by a margin of 143 to 9—with 25 abstentions—in support of the resolution. The nine countries that voted no were the United States, Israel, Argentina, Czechia, Hungary, Micronesia, Nauru, Palau, and Papua New Guinea.
In addition to backing its bid for full U.N. membership, the resolution gives Palestine "the right to introduce and co-sponsor proposals as well as amendments within the assembly," The Guardianreported.
Riyad Mansour, Palestine's permanent observer at the U.N., said ahead of Friday's vote that support for the resolution "is a vote for Palestinian existence."
"I stand before you as lives continue falling apart in the Gaza Strip," said Mansour, noting that "more than 35,000 Palestinians have been killed, 80,000 have been maimed, 2 million have been displaced, and everything has been destroyed" by Israeli forces over the past seven months.
"No words can capture what such loss and trauma signifies for Palestinians," Mansour added.
"The U.S. and Israel are isolated and the world is on the side of Palestine."
Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, called the U.N. General Assembly's passage of the resolution "an unprecedented move that shows once again how unbelievably isolated [U.S. President Joe] Biden has made the U.S."
In anticipation of Friday's vote, a group of Republican U.S. senators led by Sen. Mitt Romney (R-Utah) introduced legislation that would halt U.S. funding for any entity—including the U.N.—that gives Palestine "any status, rights, or privileges beyond observer status."
Current law requires the U.S. to "cut off funding to U.N. agencies that give full membership to a Palestinian state—which could mean a cutoff in dues and voluntary contributions to the U.N. from its largest contributor," The Associated Pressreported Friday.
Craig Mokhiber, a former U.N. official who resigned in October over the body's failure to act in the face of Israel's genocidal assault on Gaza, wrote that Friday's vote further shows that "the U.S. and Israel are isolated and the world is on the side of Palestine."
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'Sad What We Are Doing': Global CO2 Increase Sets New All-Time Record
"I'd make this the lead story in every paper and newscast on the planet," said Bill McKibben. "If we don't understand the depth of the climate crisis, we will not act in time."
May 10, 2024
The average monthly concentration of carbon dioxide in the atmosphere jumped by a record 4.7 parts per million between March 2023 and March 2024, according to new data from NOAA's Mauna Loa Observatory in Hawaii.
The spike, reported by the University of California, San Diego's Scripps Institution of Oceanography on Wednesday, reveals "the increasing pace of CO2 addition to the atmosphere by human activities," the university said.
"I'd make this the lead story in every paper and newscast on the planet," author and long-time climate activist Bill McKibbenwrote on social media in response to the news. "If we don't understand the depth of the climate crisis, we will not act in time."
"Human activity has caused CO2 to rocket upwards. It makes me sad more than anything. It's sad what we are doing."
Scientists have been tracking rising CO2 concentrations from Mauna Loa since 1958, and their upward trajectory has come to be known as the "Keeling Curve," named for Charles Keeling, who began the measurements. The curve has become an important symbol of the climate crisis—making visible how the burning of fossil fuels and the clearing of vegetation has released more and more CO2 into the atmosphere, where it traps heat from escaping into space and raises global temperatures.
For most of human history, concentrations have hovered around 280ppm, and the curve's first measurement put them at 313. Sixty-five years later, C02 concentrations averaged 419.3 ppm in 2023, a level not seen since 4.3 million years ago when sea levels were around 75 feet higher and parts of today's Arctic tundra were forests. As of Wednesday, the Keeling Curve reported a daily concentration of 426.72 ppm.
The record jump from March 2023 to March 2024 surpasses the last record jump of 4.1 ppm from June 2015 to June 2016.
"We sadly continue to break records in the CO2 rise rate," Ralph Keeling, Charles' son who now directs the Scripps CO2 Program, said. "The ultimate reason is continued global growth in the consumption of fossil fuels."
The record leaps from both 2015-2016 and 2023-2024 were also influenced by active El Niño events. The El Niño phenomenon increases atmospheric carbon dioxide because it leads to warmer, drier temperatures in the tropics, which decrease vegetation and encourage fires. Atmospheric CO2 levels tend to rise especially quickly toward the end of an El Niño cycle, and last March's CO2 levels were unusually low, leading to a larger gap in the 12-month period.
This year's rate of increase during the current El Niño is significantly larger than the one that took place in 2016. As Scripps explained:
The increase from February 2023 to February of this year was 4.0 ppm, compared to 3.7 for the 2016 El Niño. The increase from January 2023 to January of this year was 3.4 ppm, compared to 2.6 for the 2016 El Niño.
The growth rate from April 2023 to April 2024 dropped to 3.6 ppm, but taking into account the first four months of 2024, the growth rate is well above that for 2016. If this El Niño follows the pattern of the last El Niño, the world might experience a very high growth rate for several more months, Keeling said.
However, any regular climate variations such as El Niño events occur over the longer-term rise in both fossil fuel emissions and greenhouse gas levels.
"The rate of rise will almost certainly come down, but it is still rising and in order to stabilize the climate, you need CO2 level to be falling," Keeling toldThe Guardian. "Clearly, that isn't happening. Human activity has caused CO2 to rocket upwards. It makes me sad more than anything. It's sad what we are doing."
Jeff Goodell, author of The Heat Will Kill You First, wrote in response, "We're riding the Venus Express."
The record jump in CO2 concentrations comes as 2023 was the hottest year both on record and in around 100,000 years. Of the 12 months covered by the March 2023 to March 2024 period, 10 of them (June through March) were the hottest of that month on record.
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Analysis Finds Nearly 100% of Campus Gaza Protests Have Been Peaceful
"If someone is speaking more about 'violent encampments' than they are about violent genocide of the Palestinians, they have a problem reflective of deep and dangerous biases," said one supporter.
May 10, 2024
Just over a week after U.S. President Joe Biden defended police crackdowns on dozens of anti-war protests on college campuses by declaring that students don't have "the right to cause chaos," a new analysis on Friday showed that nearly all the campus demonstrations have not been violent at all—and many that have descended into violence did so due to police interventions or aggressive counter-protests.
The Armed Conflict Location and Event Data Project (ACLED) examined 553 campus protests that took place across the U.S. between April 18-May 3 and found that fewer than 20 resulted in serious violence or property damage—meaning that 97% of the protests remained non-violent.
The group categorizes demonstrations as violent only when "physical violence that rises above pushing or shoving" takes place or when property damage includes protesters "breaking a window or worse."
ACLED's latest analysis comes after a previous study released May 2, which found 99% of campus protests in the first days of the burgeoning student-led movement against Israel's assault on Gaza had remained peaceful.
In the latest report, analyzing the 3% of protests that became violent, ACLED found that at half of those students clashed with police who had been sent in to clear the peaceful student encampments—which should have been allowed to proceed unimpeded according to Biden's speech about the protests on May 2, in which he said, "Peaceful protest is in the best tradition of how Americans respond to controversial issues."
At one protest at Washington University in St. Louis, three police officers were injured, and at the University of Wisconsin, Madison on May 1, a state trooper was reportedly injured after being hit with a skateboard.
ACLED found two instances of serious property damage: a protest at Portland State University where students shattered glass and damaged computers and other furniture while occupying a library, and the occupation of Hamilton Hall at Columbia University, where students broke windows.
But examining the campus protests as a whole, ACLED did not find evidence of the "disorder" Biden spoke of when he said earlier this month that "vandalism, trespassing, breaking windows, shutting down campuses, forcing the cancellation of classes and graduations... threatening people, intimidating people, instilling fear in people is not a peaceful protest."
The most significant violence that's erupted at a campus protest so far, according to ACLED's data, was an attack by a pro-Israel mob on an encampment at the University of California, Los Angeles, which went on for hours as police stood by.
"If someone is speaking more about 'violent encampments' than they are about violent genocide of the Palestinians, they have a problem reflective of deep and dangerous biases," said Tanya Zakrison, a surgeon at University of Chicago Medical Center, close to the college campus where students on Thursday said police shoved and hit them as they removed an encampment this week.
ACLED documented at least 70 examples of violent police crackdowns, including the use of chemical agents and batons to disperse crowds.
According to The New York Times, more than 2,800 people have now been arrested at campus protests at more than 50 colleges in the United States. The crackdowns have appeared to mobilize Palestinian rights supporters in the U.S. and abroad, with campus demonstrations spreading in Europe, the Middle East, and South Asia.
ACLED found that police have forcefully intervened against pro-Palestinian protests both on and off college campuses about five times as often as they have against pro-Israel demonstrations.
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