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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
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) 417-6363Democrats may have enough votes to pass a war powers resolution before the two-week recess, but party leaders have still not committed to doing so, even as the president appears ready for a ground invasion.
Backlash is continuing to grow after US House Democratic leaders made the decision to push off a war powers vote on President Donald Trump's Iran war for more than two weeks, even though they may have the votes to pass it immediately.
With Trump appearing poised to make the deathly unpopular decision to deploy ground troops into Iran within days, momentum around an act to restrict his warmaking capabilities only continues to grow.
Most of the Democrats who killed the last war powers resolution are now reportedly on board. So is Rep. Nancy Mace (R-SC), who emerged from a closed-door House Armed Services Committee briefing on Wednesday saying she was “even more” opposed to boots on the ground than when she entered.
But despite having introduced the resolution himself, Rep. Gregory Meeks (D-NY), the ranking member of the House Foreign Affairs Committee, appeared to get cold feet about bringing it to the floor for a vote before next week's recess, a move which was met with anger and confusion from progressive critics.
A spokesperson for Democrats on the committee told Common Dreams on Wednesday that Meeks was very much committed to passing a bill to "hold President Trump accountable for his reckless war of choice," but that one could not be pursued until April 13, after the recess, because some of the necessary "yes" votes had left Washington.
Drop Site News co-founder Ryan Grim described this as a "pathetic" excuse. "As Trump threatens a ground invasion, Democratic members of Congress are saying they won’t do the one thing they are elected to do: Show up and vote," he wrote on social media.
Additionally, Grim reported on Thursday that Reps. Eric Swalwell (D-Calif.) and Emanuel Cleaver II (D-Mo.) had since returned to town. The only Democrat not currently in DC, he said, was Rep. Jared Moskowitz (D-Fla.), who said on Wednesday that his wife was undergoing a routine surgery.
Axios reported on Thursday afternoon that Rep. Ted Lieu (D-Calif.) is also absent due to the recent death of his father, and Rep. Jared Golden (Maine), one of the Democrats who opposed the last war powers vote, was still wavering as of Wednesday.
Even with some absences, Republicans are also not at full strength. Assuming that Republican Reps. Thomas Massie (Ky.) and Warren Davidson (Ohio) plan to vote yes, as they did in February, there may still be enough votes for the resolution to pass.
When asked by Drop Site reporter Lily Franks on Thursday whether there were enough votes to pass the resolution, Meeks insisted, "We can't win the vote."
"When you see me put the bill on the floor, that means we're going to win," Meeks said sharply. "I know how to count. I know how to do my job."
When Franks pointed out that enough Republicans appeared to be on board, Meeks—continuing to interrupt—told her to "go find out" herself if there were enough votes.
"If only there were some mechanism on the House floor to find out how somebody might vote," Grim quipped in response.
The Democratic spokesperson could not be reached for comment when asked by Common Dreams whether Meeks was now planning to push for a resolution vote before the recess, given that some Democrats have returned to Washington.
Nathan Thompson, a senior policy adviser for Just Foreign Policy, argues that even if Democrats do not have the votes to pass the resolution now, there is no reason not to bring it to a vote.
"Forcing a vote will make House Republicans own an increasingly likely ground invasion," he said in a letter sent to House Democrats on Thursday morning, which was shared with Common Dreams. "Even a vote that falls short will be painful for House Republicans and put real pressure on the Trump administration."
"The attendance excuse doesn't hold," he said. "Members can return by tomorrow to vote, and Republicans aren't at full strength either... An unfortunate scheduling error should not prevent Congress from weighing in at a critical moment in history."
Calls for a war powers resolution on Capitol Hill continued to grow after reports that the Trump administration is mulling several potential ground operations in Iran, potentially as early as Friday.
Axios reported on Thursday that the Pentagon is considering "invading or blockading" Kharg Island, Iran’s primary oil export hub—and sending American forces “deep inside the interior of Iran” in an effort to seize the country’s enriched uranium.
The concerns about the repercussions of a prolonged war—even for just another two weeks—are broadly shared. Speaking on MS NOW on Thursday, former Defense Secretary and CIA Director Leon Panetta warned that serious dangers exist that a short extension of the war could lead to a much more intractable situation.
"If we continue the war," Panetta said, "if we go another 16 days of war and we incur casualties, or they incur serious casualties, then the likelihood is that you're planting the seeds for a more permanent war."
As the risk of a more protracted conflict was magnified on Wednesday, Trump insisted that the US is not at war at all, but is simply waging a "military operation" against Iran.
This has heightened the urgency among many Democrats on Capitol Hill, including Rep. Pramila Jayapal (D-Wash.).
"If it looks like a war, sounds like a war, and costs like a war… It’s probably a war," the former chair of the Congressional Progressive Caucus wrote on social media Thursday. "Trump is admitting to violating the Constitution. No amount of doublespeak can change that."
"Congress must vote on another war powers resolution," she added.
Rep. Delia Ramirez (D-Ill.) told Axios that there was "absolutely" frustration among progressives that Democrats were planning to punt the vote to next month.
Meanwhile, critics are increasingly raising suspicion that Meeks—whom The Lever noted received more than $2.2 million from pro-Israel lobbying groups according to the watchdog group TrackAIPAC—is intentionally dragging out the vote.
A prolonged war and the resulting economic turmoil are brutally unpopular, including among Republicans, and the theory goes that Democrats may seek to let it become an albatross around their opponents' necks in this fall's midterms.
Independent journalist Aída Chávez has emphasized that Meeks held up the previous war powers vote by overinflating the number of Democrats likely to defect, and may have attempted to do so again.
But with Democratic stragglers on board and more Republicans "starting to break," Chávez said: "Democratic leadership can’t keep hiding behind process.
"Bring the Iran war powers resolution to the floor right now," she said.
Thompson of Just Foreign Policy warned Democrats that "failing to force a vote will be noticed and covered in the media," and that "the Democratic base is watching and expects their party to put up a real fight."
"Even if the vote falls short by a couple votes, the members who voted yes will have a powerful record to champion to their constituents," he said. "The members who voted no will have a very difficult record to explain if troops end up being killed and injured on the ground in Iran."
"We hope that in the United States, if justice truly exists, a trial will be held that will lead to President Maduro’s freedom," said one supporter of the Venezuelan leader.
Supporters of Venezuelan President Nicolás Maduro gathered in both New York and the Venezuelan capital of Caracas on Thursday to demand his release.
Maduro and his wife, Cilia Flores, were abducted by the US military in January and brought to the US to face narco-terrorism, drug trafficking, and weapons charges. The couple have pleaded not guilty to all charges.
As reported by The Associated Press, many demonstrators picketed outside a federal courthouse in Manhattan ahead of a scheduled status hearing for Maduro and Flores, and called for all charges against them to be dropped. A group of counterprotesters, meanwhile, demonstrated in support of the couple's prosecution.
"In a noisy scene, protesters and supporters chanted, blew horns, and beat drums and cowbells," reported the AP. "Among the anti-Maduro contingent, one person waved a sign reading 'Maduro rot in prison.' On the other side of a metal barrier, people held signs reading 'Free President Maduro.'"
Hundreds of demonstrators also gathered in Caracas for a government-sponsored rally demanding Maduro and Flores' return to Venezuela, which has been governed in his absence by acting President Delcy Rodríguez.
One attendee at the demonstration, an 80-year-old retiree named Eduardo Cubillan, told the AP that he hoped for a speedy acquittal of the deposed Venezuelan leader.
"We hope that in the United States, if justice truly exists, a trial will be held that will lead to President Maduro’s freedom," Cubillan said, "because this kidnapping violated international legal principles, and we want justice to be served."
In a social media message, the Embassy of Venezuela to Trinidad and Tobago also expressed solidarity with Maduro and Flores.
"Today, court day, we demand with strength and determination, the immediate release of Venezuela President Nicolás Maduro and his wife and MP Cilia Flores," the embassy wrote.
During Thursday's court hearing, reported ABC News, Judge Alvin Hellerstein said that he would not dismiss the charges against Maduro and Flores, although he "appeared to wrestle with how to assure Maduro had access to sufficient counsel."
The genetic testing put forward by the committee "fuels suspicion, invites public scrutiny, and puts already vulnerable athletes at risk," said one advocate.
A new policy unveiled Thursday by the International Olympic Committee was presented as a ban on transgender athletes from participating in women's sports—but considering just one transgender woman has participated in the international games since they have been eligible to, critics said the new rules would likely have a greater impact on cisgender women with natural variations in hormones, who have already faced degrading treatment and exclusion in the sports community for years.
IOC president Kirsty Coventry, who campaigned to lead the organization with calls to "protect" women's sports in the Olympics, said that starting with the 2028 Summer Games in Los Angeles, athletes will be required to take a one-time genetics test with the screening using a cheek swab, blood test, or saliva sample.
"Eligibility for any female category event at the Olympic Games or any other IOC event, including individual and team sports, is now limited to biological females," said Coventry, adding that the new policy “is based on science and has been led by medical experts."
The IOC worked with experts to determine how to approach the issue of transgender women in sports, which in recent years has become the subject of talking points for the Republican Party in the US and other right-wing leaders. President Donald Trump signed an executive order last year barring transgender women from competing on women's college sports teams.
The committee conducted a review not just of transgender athletes but of those who have differences in sexual development (DSD), such as being intersex, and compete in women's sports. The review has not been publicly released, but the IOC said it found athletes born with male sexual markers had physical advantages even if they were receiving treatment to reduce testosterone.
The IOC had previously allowed transgender athletes to participate in the Olympic Games if they were reducing their testosterone levels. In 2021, a weight lifter from New Zealand, Laurel Hubbard, became the first transgender women to compete at the Olympics after transitioning.
Boxers including Lin Yu-Ting of Taiwan and Imane Khelif of Algeria have been subject to scrutiny and genetic testing regarding their sex; Lin was recently cleared to participate in World Boxing events in the female category. Both competed in the 2024 Olympics in Paris and won gold medals.
Khelif has said she naturally has the SRY gene that the IOC's screening would test for, and that she has naturally high levels of testosterone.
Under the IOC ruling, athletes who do not have the typical female XX sex chromosomes and have DSD will also be banned from competing. People with DSD are not always aware of their status.
South African runner Caster Semenya, who has a rare genetic trait giving her elevated levels of testosterone, was subjected to genetic testing after her fellow competitors complained about her appearance when she won a gold medal in a world championship in 2009.
Genetic screening for Olympic athletes "is not progress—it is walking backward," she told The New York Times. "This is just exclusion with a new name.”
Payoshni Mitra, executive director of the advocacy group Humans of Sport, told the Times that the new policy simply "polices women’s bodies."
“It fuels suspicion, invites public scrutiny, and puts already vulnerable athletes at risk," she said.