January, 11 2021, 11:00pm EDT
For Immediate Release
Contact:
Jeremy Nichols, WildEarth Guardians, (303) 437-7663, jnichols@wildearthguardians.orgÂ
Melissa Hornbein Western Environmental Law Center, (406) 471-3173, hornbein@westernlaw.org
Liz Trotter Earthjustice, (305) 332-5395, etrotter@earthjustice.org
Michael Saul Center for Biological Diversity, (303) 915-8309, msaul@biologicaldiversity.orgÂ
Latest Lawsuit Challenges Trump Sale of Montana Public Lands for Fracking
Suit underscores need for President-elect Biden to follow through with pledge to ban on new fossil fuel leases on public lands.
WASHINGTON
Citing the failure of the Trump administration to protect the climate and clean water, a coalition today filed suit to overturn the sale of more than 58,000 acres of public lands for fracking in Montana.
The lawsuit comes as President-elect Joe Biden has pledged to end the sale of public lands to the oil and gas industry.
"Today's lawsuit underscores the need for President-elect Joe Biden to make good on his promise to ban oil and gas leasing on public lands," said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. "We're holding the line on the Trump administration's denial of climate change and embrace of costly fossil fuels, but to really turn the tide, we need the next administration to make climate and clean energy a number one priority."
Filed in federal court, the suit aims to completely reverse the sale of 58,297 acres in Montana and North Dakota to oil and gas companies that occurred between July 2019 and September 2020. The coalition filing suit includes WildEarth Guardians, Montana Environmental Information Center, the Center for Biological Diversity, the Sierra Club, and the Waterkeeper Alliance, all represented by attorneys with Earthjustice and the Western Environmental Law Center.
The suit comes on the heels of a May 2020 federal court win that reversed the sale of nearly 150,000 acres of public lands for fracking in Montana. The judge held the Trump administration's U.S. Bureau of Land Management illegally ignored the impacts of selling public lands for fracking to the climate and to groundwater.
"In its prior ruling, the court made clear that the government's incomplete analysis violated the law," said Tom Delehanty, Earthjustice attorney. "Yet the agency has continued leasing public lands to the oil and gas industry relying on the same unlawful flaws, which is why we are going to court."
This court ruling is one of several that have overturned the Trump administration's attempts to sell public lands for fracking in the western U.S. In March 2019, a federal court rejected the Bureau of Land Management's sale of more than 300,000 acres in Wyoming and in early 2020, an Idaho judge overturned the sale of nearly one million acres in Nevada, Utah, and Wyoming. In November 2020, a federal court again rejected the ale of public lands for fracking in Wyoming and in December 2020, a court also rejected the sale of 60,000 acres of public lands for fracking in Utah.
"Time after time, the Bureau continues to insist that the individual impacts of a given lease sale are so minimal as to absolve the Bureau of Land Management of the need to conduct meaningful analysis under the National Environmental Policy Act," said Melissa Hornbein, Western Environmental Law Center attorney. "As long as the agency continues to ignore the fact that the climate crisis is fundamentally cumulative in nature, we will continue to seek judicial relief to correct this misapprehension."
Hundreds of environmental, health, justice, and climate advocacy organizations have called on President-elect Biden to make good on his promise to end the sale of public lands for oil and gas extraction and to put new permitting and extraction on hold while the Bureau of Land Management addresses the climate consequences of fossil fuel development on public lands.
"It's long overdue for our public lands to become part of the solution to the climate crisis rather than a source of plunder for the oil and gas industry," said Michael Saul, a senior attorney at the Center for Biological Diversity. "We're suing to set aside these illegal oil and gas leases because the Trump administration has completely disregarded its obligation to consider the consequences of its reckless public lands decisions on our climate and water quality."
More than 25 million acres of public lands in the U.S. have been leased to the oil and gas industry for development. In Montana, 2.1 million acres are locked up by leases to the oil and gas industry. Only half of all leased lands are actually producing oil and gas.
"In spite of the extreme urgency of the water and climate crises we face, the Bureau of Land Management has repeatedly ignored the clear evidence that significant water depletions and climate impacts will occur as a result of the lease sales we are challenging," said Kate Hudson, Western U.S. Advocacy Coordinator for Waterkeeper Alliance. "We are seeking to overturn these lease sales so that our communities, our Western waterways, our Native American Nations, and our planet will not be forced to pay the price."
WildEarth Guardians protects and restores the wildlife, wild places, wild rivers, and health of the American West. Driven by passion, we've tackled some of the West's most difficult and pressing conservation challenges over the past three decades. We've celebrated small victories (banning leghold trapping in the state of Colorado), monumental triumphs (ending logging on more than 21 million acres in the Southwest), and everything in-between.
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'The Opposite of Leadership': US Vetoes Palestine's UN Membership
Palestine's permanent observer at the United Nations said the resolution's failure "will not break our will, and it will not defeat our determination."
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U.S. President Joe Biden's administration on Thursday used the country's veto power at the United Nations Security Council to block Palestine's bid to become a full member of the U.N.
While 12 nations voted in favor of Palestinian membership and two abstained, the United States is one of five countries—along with China, France, Russia, and the United Kingdom—who have veto authority at the Security Council.
Since Israel launched what the International Court of Justice has said is a "plausibly" genocidal assault of the Gaza Strip in response to a Hamas-led October attack, the Biden administration has blocked three cease-fire resolutions at the Security Council. Under mounting global pressure, the U.S. finally abstained last month, allowing a cease-fire measure to pass.
In the lead-up to Thursday's vote, the Biden administration was pressuring other countries to oppose the Palestinian Authority's renewed membership effort so it could possibly avoid a veto, according to leaked cables obtained by The Intercept.
"Take a moment to ponder how isolated Biden has made the U.S.," said Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, after the veto. "Biden lobbied Japan, South Korea, and Ecuador HARD to oppose the Palestine resolution so that the U.S. wouldn't have to veto. They refused. So Biden cast his fourth veto in seven months (!!) This is the opposite of leadership."
In addition to the nations Parsi highlighted, Algeria, China, France, Guyana, Malta, Mozambique, Russia, Sierra Leone, and Slovenia voted for giving Palestine full U.N. membership while Switzerland and the United Kingdom abstained.
After the vote, U.N. Newsreported on remarks from Riyad Mansour, a U.N. permanent observer for the state of Palestine:
"We came to the Security Council today as an important historic moment, regionally and internationally, so that we could salvage what can be saved. We place you before a historic responsibility to establish the foundations of a just and comprehensive peace in our region."
Council members were given the opportunity "to revive the hope that has been lost among our people" and to translate their commitment towards a two-state solution into firm action "that cannot be maneuvered or retracted," and the majority of council members "have risen to the level of this historic moment, and they have stood on the side of justice and freedom and hope, in line with the ethical and humanitarian and legal principles that must govern our world and in line with simple logic."
"The fact that this resolution did not pass will not break our will, and it will not defeat our determination," Mansour added. "We will not stop in our effort. The state of Palestine is inevitable. It is real. Perhaps they see it as far away, but we see it as near, and we are the faithful."
Parsi said that "a Western-friendly senior Global South diplomat" told him of Biden's veto: "Whatever agonizing claim the U.S. had to lead a self-appointed free world has died a very loud public death on the Security Council horseshoe tonight. YOU CAN'T LEAD IF YOU CAN'T LISTEN."
Biden, a Democrat seeking reelection in November, has faced fierce criticism in the United States and around the world for U.S. complicity in Israel's war on Gaza—which Hamas, not the Palestinian Authority, has controlled for nearly two decades. In under seven months, Israeli forces have killed 33,970 Palestinians, injured another 76,770, displaced most of the besieged enclave's 2.3 million population, devastated civilian infrastructure, and severely limited the flow of lifesaving humanitarian assistance.
Israel—which already got $3.8 billion in annual U.S. military aid before October 7—continues to receive weapons support from the Biden administration, even as a growing chorus of critics, including some Democrats in Congress, argues that the arms transfers violate U.S. and international law.
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Even after dozens of students were arrested, hundreds "rushed to take the place of their classmates" and continued the protest.
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The arrests of dozens of Columbia University and Barnard College students on Thursday "galvanized" other supporters of Palestinian rights on the campuses, as hundreds of students occupied the school's western lawn after New York City police filled at least two buses with protesters who had been detained for setting up an encampment.
"Disclose, divest, we will not stop, we will not rest," chanted hundreds of students as they marched around the area where organizers had set up a tent encampment early Wednesday morning.
Columbia President Minouche Shafik informed the campus community on Thursday that she had authorized the police to clear the encampment.
As it has been in the past, the school has become a center of anti-war protests—and crackdowns by school officials and the police—since Israel began its bombardment of Gaza in October.
Pro-Palestinian students and alumni have demanded that Columbia divest from companies that profit from Israel's apartheid policies in the occupied Palestinian territories and cancel its dual degree program with Tel Aviv University.
In response to pro-Palestinian demonstrations, Columbia in November suspended the campus chapters of Jewish Voice for Peace and Students for Justice in Palestine—an action that pushed the New York Civil Liberties Union and Palestine Legal to file a lawsuit on behalf of the students last month.
On Thursday, police and Columbia employees took down about 50 tents that had been up for more than a day and disposed of them in trash cans and alleyways—but The New York Times reported later that "demonstrators repitched a couple of tents, and ... recovered the main signage from the encampment as well," while hundreds of students were "still gathered and chanting on the south side of the grass."
The arrests came a day after Shafik testified before the U.S. House Committee on Education and the Workforce about antisemitism on campus.
U.S. Rep. Ilhan Omar (D-Minn.), whose daughter, Isra Hirsi, was among the Barnard students who were suspended on Thursday for participating in the encampment protest, questioned Shafik about whether antisemitic protests have actually taken place at Columbia, prompting the president to say there have not.
"There has been a rise in targeting and harassment against anti-war protesters, because it's been pro-war and anti-war protesters is what it seems, like, correct?" asked Omar.
"Correct," replied Shafik.
On Thursday, Omar posted on social media two images of protesters at Columbia: one from the encampment this week, and one from 1968, when students protested the U.S. war in Vietnam.
New York City Council member Tiffany Cabán was among those who condemned the university's crackdown on the protests on Thursday.
"Suspending and arresting Columbia/Barnard student activists and disbanding student organizations—including Jewish students and organizations—doesn't combat antisemitism or increase safety," said Cabán. "All it does is punish and intimidate those who believe in human rights for Palestinians. Shameful."
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The youth-led Sunrise Movement on Thursday celebrated Bloombergreporting that "White House officials have renewed discussions about potentially declaring a national climate emergency."
The Wednesday revelation came just two days after six young activists were arrested outside Vice President Kamala Harris' Los Angeles, California home to increase pressure on the Biden administration to make such a declaration, which would unlock various federal powers to combat the fossil fuel-driven global crisis.
According to Bloomberg:
Top advisers to President Joe Biden have recently resumed talks about the merits of such a move, which could be used to curtail crude exports, suspend offshore drilling, and curb greenhouse gas emissions, according to people familiar with the matter who asked not to be named because a final decision has not been made.
White House advisers are divided over the idea of declaring a climate emergency, with some saying it wouldn't provide Biden with enough newfound authority to make substantial changes, the people said. Others, however, argue such an announcement would galvanize climate-minded voters.
"The pressure is working. Let's keep it up," Sunrise said on social media, highlighting some of what Biden—who claimed last year that "practically speaking," he had already declared a national climate emergency—could do with a real declaration.
Sunrise wasn't alone in welcoming the news. The Center for Popular Democracy (CPD) Action said that "we've BEEN calling for a climate emergency!! Now, the White House is considering declaring one."
The group urged Biden to "keep listening to the millions of young, people of color, and working-class voters who are demanding climate policy that meets the moment."
As Biden and Harris have campaigned for reelection in November—when they are expected to face former Republican President Donald Trump, whose plan for the planet is "drill, baby, drill"—the Democrats have encountered intense pressure from campaigners including members of CPD and Sunrise to step up their climate actions.
"I'm on the frontlines raising my voice for my Black and Latine families and friends, because I know that we deserve to have affordable housing and healthcare, we deserve an administration who will fight for us, but instead of declaring a climate emergency, we are seeing Biden and Harris expand oil and gas production to record levels," 18-year-old Ariela Lara, who was arrested at Harris' house, said Monday.
Climate campaigners have praised the Biden administration for parts of the Inflation Reduction Act and a recent pause on liquefied natural gas exports but blasted the president for skipping last year's United Nations summit, continuing fossil fuel lease sales, and enabling the Mountain Valley Pipeline, Willow oil project, and construction of the nation's largest offshore oil terminal.
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