January, 11 2021, 11:00pm EDT
For Immediate Release
Contact:
Jeremy Nichols, WildEarth Guardians, (303) 437-7663, jnichols@wildearthguardians.org
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.org
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.
(206) 417-6363LATEST NEWS
'Make Polio Great Again': Alarm Over RFK Jr. Lawyer Who Targeted Vaccine
"So if you're wondering if Donald Trump is trying to kill your kids, yes, yes he is," said one critic.
Dec 13, 2024
Public health advocates, federal lawmakers, and other critics responded with alarm to The New York Timesreporting on Friday that an attorney helping Robert F. Kennedy Jr. select officials for the next Trump administration tried to get the U.S. regulators to revoke approval of the polio vaccine in 2022.
"The United States has been a leader in the global fight to eradicate polio, which is poised to become only the second disease in history to be eliminated from the face of the earth after smallpox," said Liza Barrie, Public Citizen's campaign director for global vaccines access. "Undermining polio vaccination efforts now risks reversing decades of progress and unraveling one of the greatest public health achievements of all time."
Public Citizen is among various organizations that have criticized President-elect Donald Trump's choice of Kennedy to lead the Department of Health and Human Services, with the watchdog's co-president, Robert Weissman, saying that "he shouldn't be allowed in the building... let alone be placed in charge of the nation's public health agency."
Although Kennedy's nomination requires Senate confirmation, he is already speaking with candidates for top health positions, with help from Aaron Siri, an attorney who represented RFK Jr. during his own presidential campaign, the Times reported. Siri also represents the Informed Consent Action Network (ICAN) in petitions asking the Food and Drug Administration (FDA) "to withdraw or suspend approval of vaccines not only for polio, but also for hepatitis B."
According to the newspaper:
Mr. Siri is also representing ICAN in petitioning the FDA to "pause distribution" of 13 other vaccines, including combination products that cover tetanus, diphtheria, polio, and hepatitis A, until their makers disclose details about aluminum, an ingredient researchers have associated with a small increase in asthma cases.
Mr. Siri declined to be interviewed, but said all of his petitions were filed on behalf of clients. Katie Miller, a spokeswoman for Mr. Kennedy, said Mr. Siri has been advising Mr. Kennedy but has not discussed his petitions with any of the health nominees. She added, "Mr. Kennedy has long said that he wants transparency in vaccines and to give people choice."
After the article was published, Siri called it a "typical NYT hit piece plainly written by those lacking basic reading and thinking skills," and posted a series of responses on social media. He wrote in part that "ICAN's petition to the FDA seeks to revoke a particular polio vaccine, IPOL, and only for infants and children and only until a proper trial is conducted, because IPOL was licensed in 1990 by Sanofi based on pediatric trials that, according to FDA, reviewed safety for only three days after injection."
The Times pointed out that experts consider placebo-controlled trials that would deny some children polio shots unethical, because "you're substituting a theoretical risk for a real risk," as Dr. Paul A. Offit, a vaccine expert at the Children's Hospital of Philadelphia, explained. "The real risks are the diseases."
Ayman Chit, head of vaccines for North America at Sanofi, told the newspaper that development of the vaccine began in 1977, over 280 million people worldwide have received it, and there have been more than 300 studies, some with up to six months of follow-up.
Trump, who is less than six weeks out from returning to office, has sent mixed messages on vaccines in recent interviews.
Asked about RFK Jr.'s anti-vaccine record during a Time "Person of the Year" interview published Thursday, the president-elect said that "we're going to be able to do very serious testing" and certain vaccines could be made unavailable "if I think it's dangerous."
Trump toldNBC News last weekend: "Hey, look, I'm not against vaccines. The polio vaccine is the greatest thing. If somebody told me to get rid of the polio vaccine, they're going to have to work real hard to convince me. I think vaccines are—certain vaccines—are incredible. But maybe some aren't. And if they aren't, we have to find out."
Both comments generated concern—like the Friday reporting in the Times, which University of Alabama law professor and MSNBC columnist Joyce White Vance called "absolutely terrifying."
She was far from alone. HuffPost senior front page editor Philip Lewis said that "this is just so dangerous and ridiculous" while Zeteo founder Mehdi Hasan declared, "We are so—and I use this word advisedly—fucked."
Ryan Cooper, managing editor at The American Prospect, warned that "they want your kids dead."
Author and musician Mikel Jollett similarly said, "So if you're wondering if Donald Trump is trying to kill your kids, yes, yes he is."
Multiple critics altered Trump's campaign slogan to "Make Polio Great Again."
U.S. Sen. Elizabeth Warren (D-Mass.) responded with a video on social media:
Without naming anyone, Senate Minority Leader Mitch McConnell (R-Ky.), a polio survivor, put out a lengthy statement on Friday.
"The polio vaccine has saved millions of lives and held out the promise of eradicating a terrible disease. Efforts to undermine public confidence in proven cures are not just uninformed—they're dangerous," he said in part. "Anyone seeking the Senate's consent to serve in the incoming administration would do well to steer clear of even the appearance of association with such efforts."
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Biden Pardon of 'Kids-for-Cash' Judge Michael Conahan Sparks Outrage
"It's a big slap in the face for us once again," said one of the disgraced judge's victims.
Dec 13, 2024
Victims of a scheme in which a pair of Pennsylvania judges conspired to funnel thousands of children into private detention centers in exchange for millions of dollars in kickbacks expressed outrage following U.S. President Joe Biden's Thursday commutation of one of the men's sentences.
In 2010, former Luzerne County Judge Michael Conahan pleaded guilty to federal racketeering charges and was sentenced to more than 17 years in prison after he and co-conspirator Mark Ciavarella shut down a county-run juvenile detention facility and then took nearly $3 million in payments from the builder and co-owner of for-profit lockups, into which the judges sent children as young as 8 years old.
"It's a big slap in the face for us once again," Amanda Lorah—who was sentenced by Conahan to five years of juvenile detention over a high school fight—toldWBRE.
Sandy Fonzo, whose son killed himself after being sentenced to juvenile detention, said in a statement: "I am shocked and I am hurt. Conahan's actions destroyed families, including mine, and my son's death is a tragic reminder of the consequences of his abuse of power."
"This pardon feels like an injustice for all of us who still suffer," Fonzo added. "Right now I am processing and doing the best I can to cope with the pain that this has brought back."
Many of Conahan's victims were first-time or low-level offenders. The Pennsylvania Supreme Court would later throw out thousands of cases adjudicated by the Conahan and Ciaverella, the latter of whom is serving a 28-year sentence for his role in the scheme.
Conahan—who is 72 and had been under house arrest since being transferred from prison during the Covid-19 pandemic—was one of around 1,500 people who received commutations or pardons from Biden on Thursday. While the sweeping move was welcomed by criminal justice reform advocates, many also decried the president's decision to not grant clemency to any of the 40 men with federal death sentences.
Others have called on Biden—who earlier this month pardoned his son Hunter Biden after promising he wouldn't—to grant clemency to people including Indigenous activist Leonard Peltier and environmental lawyer Steven Donziger.
"There's never going to be any closure for us."
"So he wants to talk about Conahan and everybody else, but what is Joe Biden doing for all of these kids who absolutely got nothing, and almost no justice in this whole thing that happened?" said Lorah. "So it's nothing for us, but it seems that Conahan is just getting a slap on the wrist every which way he possibly could still today."
"There's never going to be any closure for us," she added. "There's never going to be, somehow, some way, these two men are always going to pop up, but now, when you think about the president of the United States letting him get away with this, who even wants to live in this country at this point? I'm totally shocked, I can't believe this."
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77 House Dems Call for 'Full Assessment' of Israeli Compliance With US Law
Lawmakers told the Biden administration they are "deeply troubled by the continued level of civilian casualties and humanitarian suffering in Gaza."
Dec 13, 2024
As Israel continues to decimate the Gaza Strip with American weapons, 77 Democrats in the U.S. House of Representatives this week demanded that the Biden administration "provide a full assessment of the status of Israel's compliance with all relevant U.S. policies and laws, including National Security Memorandum 20 (NSM-20) and Section 620I of the Foreign Assistance Act."
Reps. Jason Crow (D-Colo.), Madeleine Dean (D-Pa.), and Chrissy Houlahan (D-Pa.) spearheaded the Thursday letter to Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin, with less than six weeks left in President Joe Biden's term.
Since Biden issued NSM-20 in February, his administration has repeatedly accepted the Israel government's assurances about the use of U.S. weapons, despite reports from journalists and human rights groups about how they have helped Israeli forces slaughter at least 44,875 Palestinians and injure another 106,454 people in the besieged enclave over the past 14 months.
"Our concerns remain urgent and largely unresolved, including arbitrary restrictions on humanitarian aid and insufficient delivery routes."
House Democrats' letter begins by declaring support for "Israel's right to self-defense," denouncing the Hamas-led October 2023 attack, and endorsing the Biden administration's efforts "to broker a bilateral cease-fire that includes the release of hostages," noting the deal recently negotiated for the Israeli government and the Lebanese group Hezbollah.
"Further, we condemn the unprecedented Iranian attacks against Israel launched on April 13, 2024, and October 1, 2024," the letter states, declining to mention the Israeli actions that led to those responses. "We must continue to avoid a major regional conflict—and we welcome the concerted diplomatic efforts by the U.S. and our allies to prevent further escalation."
"We are also deeply troubled by the continued level of civilian casualties and humanitarian suffering in Gaza," the lawmakers wrote, citing the administration's October 13 letter imposing a 30-day deadline for Israel to improve humanitarian conditions in Palestinian territory. "That deadline has expired, and while some progress has been made, we believe the Israeli government has not yet fulfilled the requirements outlined in your letter."
Asked during a November 12 press conference if the Israeli government has met the administration's demands, State Department spokesperson Vedant Patel said that "we have not made an assessment that they are in violation of U.S. law."
Shortly after that, U.S. Sen. Bernie Sanders (I-Vt.) forced votes on resolutions to block the sale of 120mm tank rounds, 120mm high-explosive mortar rounds, and Joint Direct Attack Munitions (JDAMs) to Israel, but they didn't pass.
Progressives and Democrats in Congress have been sounding the alarm about U.S. government complicity in Israel's armed assault and starvation campaign—which have led to an ongoing genocide case at the International Court of Justice—to varying degrees since October 2023, including with a May letter led by Crow and Rep. Chris Deluzio (D-Pa.) and signed by 85 others.
Citing that letter on Thursday, the 77 House Democrats wrote that "our concerns remain urgent and largely unresolved, including arbitrary restrictions on humanitarian aid and insufficient delivery routes, among others. As a result, Gaza's civilian population is facing dire famine."
"We believe further administrative action must be taken to ensure Israel upholds the assurances it provided in March 2024 to facilitate, and not directly or indirectly obstruct, U.S. humanitarian assistance," the letter concludes. "We remain committed to a negotiated solution that can bring an end to the fighting, free the remaining hostages, surge humanitarian aid, and lay the groundwork to rebuild Gaza with a legitimate Palestinian governing body. We thank you and the administration for its ongoing work to achieve those shared goals."
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