January, 13 2021, 11:00pm EDT
For Immediate Release
Contact:
Liz Trotter, Earthjustice, (305) 332-5395, etrotter@earthjustice.org
Noah Greenwald, Center for Biological Diversity, (503) 484-7495, ngreenwald@biologicaldiversity.org
Daniela Arellano, NRDC, (310) 434-2304, darellano@nrdc.org
Virginia Cramer, Sierra Club, (804) 519-8449, virginia.cramer@sierraclub.org
Gwen Dobbs, Defenders of Wildlife, (202) 772-0269, gdobbs@defenders.org
Jordan Rutter, American Bird Conservancy, (202) 888-7472, jerutter@abcbirds.org
Lawsuits Challenge Trump Administration's Latest Assaults on Endangered Species Act
New Regulations Strip Vital Protection From Imperiled Species’ Essential Recovery Habitat
HONOLULU
Earthjustice filed two lawsuits today in the District of Hawai'i in response to the outgoing administration's most recent attacks on the Endangered Species Act, the law that serves as the last safety net for animals and plants facing extinction.
The Trump administration issued two new regulations in December that strip vital protections from federal lands and other areas that the best available science indicates are necessary for the conservation of threatened and endangered species.
The first case filed today challenges the Trump administration's cramped interpretation of "habitat," which reverses nearly half a century of protections for habitat that needs restoration to meet species' needs, as well as areas that species will need in the future as refuges to survive dramatic changes to the world's climate.
"The drafters of this rule were clearly more concerned with easing industry regulation than upholding the foundational purpose of the ESA -- to ensure the protection, conservation and recovery of imperiled species," said Earthjustice attorney Elena Bryant, lead attorney on the challenge to the habitat definition. "We are going to court to restore protections for the habitat that is essential to pull species back from the brink of extinction."
The second case argues that the new regulations strip vital protections from federal lands and other areas that the best available science indicates are necessary for the conservation of threatened and endangered species -- and prioritize profits for polluting industries over the conservation needs of wildlife facing extinction.
"Critical habitat is a bedrock protection afforded to imperiled species under the Act," said Earthjustice attorney Leina'ala L. Ley, lead attorney challenging the critical habitat exclusion rule. "By making it harder to designate critical habitat, this rule virtually guarantees that the loss of biodiversity and our natural heritage will only accelerate."
The proposed changes directly undermine the Act's purpose to prevent extinction and promote recovery. The lawsuits were filed in Hawai'i, where the new rules could be especially damaging due in part to limited habitat for native species found nowhere else on Earth.
"The new regulation makes it easier for federal land to be excluded from critical habitat, a result that would be particularly harmful to listed bird species that depend heavily on federal lands, such as the northern spotted owl," said Steve Holmer, vice president at American Bird Conservancy. "These listed bird populations are in decline and facing serious threats. We should be adding protections, not chipping away at the safety net of the ESA."
"By requiring the U.S. Fish and Wildlife Service to listen to industry rather than science when it decides what habitat to protect, the Trump administration's new rule is an absolute disaster for endangered species and the places they live," said Noah Greenwald, endangered species director at the Center for Biological Diversity. "The Endangered Species Act was passed to stop extinction, not facilitate it, and we expect the court to strike down this industry giveaway."
"Threatened and endangered national park species require more than just park lands for their survival and recovery," said Bart Melton, wildlife program director for the National Parks Conservation Association. "These regulations make it harder to protect vital areas outside of parks for wildlife and prioritize short-term profit over America's conservation future. In the midst of the climate crisis we should be working to uphold the core tenants of the Endangered Species Act. Instead these regulations critically damage the intent of the Act. NPCA is hopeful these regulations will be reversed."
"Critical habitat is a central pillar of the ESA's protections for listed species, and an essential part of what has made the Act a huge success for the past 50 years," said Lucas Rhoads, attorney at NRDC (Natural Resources Defense Council). "These rules tie the Services' hands and make it more difficult to protect the areas that listed species need if they are to survive and flourish. To stem the biodiversity crisis we now face, we need the Services to use all the tools available to them -- not sell out to industry special interests at the expense of these precious species."
"In the midst of the first-ever human caused extinction crisis, one of the worst things you could do is impose restrictions on protection of areas essential to imperiled species' recovery and prioritize corporate profits over preserving the Earth's biodiversity," said Bonnie Rice, Sierra Club endangered species campaign representative. "Yet that is exactly what the Trump administration has done. Their relentless decimation of vital protections of the Endangered Species Act will be fought at every turn."
"Lack of habitat is the main reason why so many species are imperiled," said Jason Rylander, Defenders of Wildlife senior counsel. "For wildlife to have a fighting chance, they need a place to live. If we hope to save the most vulnerable wildlife from extinction, we will need to prioritize habitat restoration in their recovery."
"Hawai'i is the endangered species capital of the world; our small island home has over 30% of the nation's listed plant and animal species," said Moana Bjur, executive director of Conservation Council for Hawai'i. "For us, protecting endangered species and ecosystems is necessary not only to ensure biodiversity and climate resiliency, but also to honor our history and cultural heritage as a place."
"Designation of critical habitat is a crucial piece of the recovery process for species who have received ESA listing status," said Lindsay Larris, wildlife program director at WildEarth Guardians. "This new rule shrinks the areas even eligible to be designated as critical habitat for numerous species, making an endangered or threatened species' struggle to truly recover and thrive all the more precarious in our ever-changing and developing world."
Earthjustice filed both lawsuits on behalf of Conservation Council for Hawai'i, Center for Biological Diversity, NRDC (Natural Resource Defense Council), Defenders of Wildlife, National Parks Conservation Association, Sierra Club and WildEarth Guardians. American Bird Conservancy joined the critical habitat exclusion challenge and will also be represented by Earthjustice.
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
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Supreme Court Urged to 'Rule Quickly' After Trump Immunity Arguments
"It'd be a travesty for justices to delay matters further," said one legal expert.
Apr 25, 2024
After about three hours of oral arguments Thursday on former President Donald Trump's immunity claims, legal experts and democracy defenders urged the U.S. Supreme Court to rule swiftly, with just over six months until the November election.
Trump—the presumptive Republican candidate to challenge Democratic President Joe Biden, despite his 88 felony charges in four ongoing criminal cases—is arguing that presidential immunity should protect him from federal charges for trying to overturn his 2020 loss to Biden, which culminated in the January 6, 2021 insurrection at the U.S. Capitol.
Justices across the ideological spectrum didn't seem inclined to support Trump's broad immunity claims—which critics have said "reflect a misreading of constitutional text and history as well as this court's precedent." However, Citizens for Responsibility and Ethics in Washington (CREW) shared examples of what it would mean if they did.
"Trump could sell pardons, ambassadorships, and other official benefits to his wealthy donors, members of his clubs, or cronies who helped him commit other crimes," CREW warned. "Trump could sell nuclear codes and government secrets to help pay back crippling debts."
"But this isn't just about what Donald Trump could do. It's really about how total immunity for the president would threaten our democratic system of checks and balances," the group continued. "The president could order the military to assassinate activists, political opponents, members of Congress, or even Supreme Court justices, so long as he claimed it related to some official act."
After warning that a president could also order the occupation or closure of the Capitol or high court to prevent actions against him, CREW concluded that "the Supreme Court never should have taken this appeal up in the first place. They should rule quickly and shut these ludicrous claims down for good."
The organization was far from alone in demanding a quick decision from the nation's highest court.
"In the name of accountability, the court must not delay its decision," the Brennan Center for Justice said Thursday evening. "The Supreme Court's time is up. It needs to let the prosecution move forward. The court decided Bush v. Gore in three days—it should act with similar alacrity in deciding Trump v. U.S."
In Bush v. Gore, the case that decided the 2000 election, the high court issued a related stay on December 9, heard oral arguments on December 11, and issued a final decision on December 12.
On Thursday, the arguments "got away from the central question: Is a former president immune from criminal prosecution if he tried to overthrow a presidential election, using private means and the power of his office to do so?" the Brennan Center noted. "The answer is simple: No."
"It is not an 'official act' to try to overthrow the peaceful transfer of power or the Constitution, even if you conspire with other government officials to do it or use the Oval Office phone," the center said. "Trump's attorney was pushing the court to come up with a sea change in the law. That's unnecessary and a delay tactic that will hurt the pursuit of justice in this case."
In a departure from previous claims, Trump's attorney, D. John Sauer, "appeared to agree with Special Counsel Jack Smith, who is leading the prosecution, that there are some allegations in the indictment that do not involve 'official acts' of the president," NBC Newsreported, noting questions from liberal Justice Elena Kagan and conservative Justice Amy Coney Barrett, a Trump appointee.
Barrett summarized various allegations from the indictment and in three cases—involving dishonest election claims, false allegations of fraud, and fake electors—Sauer conceded that Trump's alleged conduct sounded private, suggesting that a more narrow case against the ex-president that excluded any potential official acts could proceed.
Due to Trump attorney's concessions in Supreme Court oral argument, there's now a very clear path for DOJ's case to go forward.\n\nIt'd be a travesty for Justices to delay matters further.\n\nJustice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.\u2b07\ufe0f— (@)
According to NBC:
Matthew Seligman, a lawyer and a fellow at the Constitutional Law Center at Stanford Law School who filed a brief backing prosecutors, said Sauer's concessions highlight that Trump is "not immune for the vast majority of the conduct alleged in the indictment."
Ultimately, he said, the case will go to trial "absent some external intervention—like Trump ordering [the Justice Department] to drop the charges" after having won the election.
At the same time, Sauer's backtracking might have little consequence from an electoral perspective. Further delay in a trial, which Sauer is close to achieving, is a form of victory in itself.
Slate's Mark Joseph Stern pointed out that when Barrett similarly questioned Michael Dreeben, the U.S. Department of Justice lawyer arguing the case for Smith, it seemed like they "were trying to work out some compromise wherein the trial court could distinguish between official and unofficial acts, then instruct the jury not to impose criminal liability on the former."
"It was fascinating to watch Barrett nodding along as Dreeben pitched a compromise that would largely preserve Smith's January 6 prosecution but limit what the jury could hear, or at least consider," Stern added. "That, though, would take months to suss out in the trial court. More delays!"
Stern and other experts signaled that the decision likely comes down to Barrett and Chief Justice John Roberts, with the three liberals seemingly supporting the prosecution of Trump and the other four conservatives suggesting it is unconstitutional.
People for the American Way president Svante Myrick said in a statement that "today's argument brought both good and bad news. It was chilling to hear Donald Trump's lawyer say that staging a military coup could be considered part of a president's official duties."
"Thankfully, the majority of the court, including conservative justices, did not seem to buy that very broad Trump argument that a former president is absolutely immune from prosecution under any circumstances," Myrick added. "On the other hand, it's not clear that there is a majority on this court that will quickly reject the immunity arguments and let the case go forward in time for a trial before the election. That's a huge concern."
Trump was not at the Supreme Court on Thursday; he was at his trial in New York, where he faces 34 counts for allegedly falsifying business records related to hush money payments to cover up sex scandals during the 2016 election cycle. The are two other cases: a federal one for mishandling classified material and another in Georgia for interfering with the last presidential contest.
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'Just the Beginning': 50+ Arrested for Blockading Citigroup Bank Over Climate Crimes
"Through people-powered resistance, we can give money a conscience and stop Citi's destruction of our planet," said one Indigenous campaigner.
Apr 25, 2024
Twenty more demonstrators were arrested Thursday, the second day of Earth Week protests targeting Citigroup's Manhattan headquarters in what organizers called "the beginning of a wave of direct actions to take place over the summer targeting big banks for creating climate chaos that is killing our communities and our planet."
Protest organizers—who include Climate Defenders, New York Communities for Change, Planet over Profit, and Stop the Money Pipeline—said 53 activists were arrested over two days of demonstrations, which included blocking the entrance to Citigroup's headquarters, to "demand that the bank stop funding fossil fuels."
Organizers said this week's demonstrations "were just the beginning" of what they're calling a "Summer of Heat" targeting big banks for their role in the climate emergency and for "polluting our land, air, and water, and threatening the health of children, families, and our planet." Citigroup is the world's second-largest fossil fuel financier.
"We're holding Citi accountable for financing dirty fossil fuels from Canada to Latin America and beyond," said Chief Na'moks of the Wet'suwet'en Nation, one of several Indigenous leaders who took part in the action. "Through people-powered resistance, we can give money a conscience and stop Citi's destruction of our planet."
Jonathan Westin, executive director of Climate Defenders, asserted that "Citigroup's racist funding of oil, coal, and gas is creating climate chaos that's devastating communities of color across the country."
"We're taking action to tell Citi that we won't put up with their environmental racism for one more day," Westin continued. "Our communities have reached the boiling point. Our children have asthma, our city's sky was orange, and our air polluted because of the climate crisis caused by Citi and Wall Street."
"We're going to keep organizing and taking direct action until Citi listens to us," he vowed.
Stop the Money Pipeline co-director Alec Connon said: "To have any chance of reigning in the climate crisis, we must stop investing in fossil fuel expansion. Yet, Citibank is pumping billions of dollars into new coal, oil, and gas projects."
"We're here to make it clear: If they're going to fund the companies disrupting our climate and our lives, we're going to disrupt their business," Connon added.
Activists have repeatedly targeted Citigroup in recent years as the megabank has pumped more than $300 billion into fossil fuel investments around the world since the Paris climate agreement.
According to the protest organizers:
Citi has provided $668 million in funding to Formosa Plastics between 2001-2021, which is trying to build a $9.4 billion plastics facility in a majority Black community in the heart of Cancer Alley in Louisiana.
Citigroup is also one of the biggest funders of state-run oil and gas companies in the Amazon basin, pumping in over $40 billion between 2016-2020, and a major backer of Petroperú, which has been involved in oil spills and Indigenous rights violations.
"From wildfires, heatwaves, and floods to deadly air pollution and mass drought, Citi's fossil fuel financing is killing us," said Alice Hu of New York Communities for Change. "We've sent polite petitions and had pleading meetings with bank representatives, but Citi refuses to stop pouring billions each year into coal, oil, and gas."
"That's why we're fighting for our lives now with the best tool we have left: mass, nonviolent disruptive civil disobedience," Hu added.
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No Outside Probe, US Reiterates as Gazans Reportedly Buried Alive in Mass Grave
"How does it ever make sense that the United States asks the accused party to examine itself?" asked one incredulous reporter.
Apr 25, 2024
A Biden administration spokesperson once again brushed off calls for an independent investigation into how hundreds of Palestinians found in mass graves near Gaza hospitals died when asked Thursday about new reports that many of the victims were tortured, summarily executed—and in some cases, buried alive by Israeli invaders.
During a Thursday U.S. State Department press conference in Washington, D.C., a reporter noted Gaza officials' claim that mass grave victims "including children were tortured before being killed" and that "some even showed signs of being buried alive, along with other crimes against humanity."
"What's wrong with an independent, scientific, forensic investigation?"
Noting calls by Palestinian officials and United Nations High Commissioner for Human Rights Volker Türk for an independent probe into mass graves, the reporter said that "this administration repeatedly said that it asks... the Israeli government to investigate itself."
"How does it ever make sense that the United States asks the accused party to examine itself and provide reports that you have previously said that you actually trust?" the reporter asked State Department Principal Deputy Spokesperson Vedant Patel. "What's wrong with an independent, scientific, forensic investigation?"
Patel replied: "We continue to find these reports incredibly troubling. And that's why yesterday you saw the national security adviser for this to be thoroughly investigated."
While National Security Adviser Jake Sullivan on Wednesday called reports of mass grave atrocities "deeply disturbing" and said that "we want answers" from Israel, he did not call for an independent investigation.
When the reporter pressed Patel on the legitimacy of asking Israel to investigate itself, Patel said, "we believe that through a thorough investigation we can get some additional answers."
Thursday's exchange followed a similar back-and-forth on Tuesday between Patel and Said Arikat, a journalist for the Jerusalem-based
Palestinian news outlet al-Quds who asked about the mass graves.
At least 392 bodies—including numerous women and children—have been found in mass graves outside Nasser Hospital in Khan Younis, southern Gaza, where Palestinian Civil Defense and other workers have been exhuming victims for nearly a week. Officials believe there are as many as 700 bodies in three separate mass graves.
Based on more recent exhumations, local Civil Defense chief Yamen Abu Sulaiman said during a Wednesday press conference that "we believe that the occupation buried alive at least 20 people at the Nasser Medical Complex."
"There are cases of field execution of some patients while undergoing surgeries and wearing surgical gowns," he stated, adding that some victims showed signs of torture and 10 bodies had medical tubes attached to them.
Gaza Civil Defense official Mohammed Mughier told reporters that "we need forensic examination" to definitively determine the causes of death for the 20 people believed to have been buried alive.
Previous reporting on the mass graves quoted rescue workers who said they found people who were apparently executed while their hands were bound, with some victims missing heads, skin, and internal organs.
Other mass graves have been found in Gaza, most notably on the grounds of al-Shifa Hospital, where Israeli forces last month committed what the Geneva-based Euro-Mediterranean Human Rights Monitor called "one of the largest massacres in Palestinian history."
It's also not the first time there have been reports of Israeli troops burying victims alive during the current war, in which Palestinian and international officials say Israeli forces have killed or wounded more than 122,000 Gazans, including at least 11,000 people who are missing and feared dead. Israeli forces attacking Kamal Adwan Hospital in Beit Lahia last December reportedly bulldozed and buried alive dozens of injured patients and displaced people.
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