February, 09 2021, 11:00pm EDT
On Friday, Landmark Climate Case Before DC Circuit Court
Oral arguments will test FERC policies on climate impacts of gas approvals.
WASHINGTON
On Friday, oral arguments will be heard in a DC Circuit Court case that could have serious ramifications for how the Biden administration might assess natural gas pipelines and related fossil fuel infrastructure projects.
The hearing is linked to a lawsuit filed last April, Food & Water Watch and Berkshire Environmental Action Team v Federal Energy Regulatory Commission (FERC). The groups charge that the national body that permits new gas infrastructure projects has failed to consider the climate impacts of those reviews.
FERC, which oversees all interstate gas projects, has been flouting court orders for almost four years, following a D.C. Circuit decision requiring them to meaningfully consider the 'downstream' greenhouse gas emissions of pipeline projects -- essentially the combustion activities associated with the gas facilitated by these pipelines.
The case concerns the 261 Upgrade Project in western Massachusetts, which consists of 2.1 miles of new pipeline and an 11,107 horsepower compressor station near Springfield, Mass.
In his dissent in the FERC vote on the project, Commissioner Richard Glick pointed out that "claiming that a project has no significant environmental impacts while at the same time refusing to assess the significance of the project's impact on the most important environmental issue of our time is not reasoned decision-making." Glick is now chairman of the commission.
Food & Water Watch mobilizes regular people to build political power to move bold and uncompromised solutions to the most pressing food, water, and climate problems of our time. We work to protect people's health, communities, and democracy from the growing destructive power of the most powerful economic interests.
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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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Former Officials Say US Arms Transfers to Israel Unlawful
Despite documented abuses, said one former State Department staffer, the weapons "are just continuing to flow."
May 10, 2024
Ahead of the release of a much-anticipated report on how U.S. weapons have been used by Israel in its ongoing military assault on Gaza, former State Department officials came forward early Friday to contend that sales to the Israeli regime have clearly violated "legal limits."
Speaking to the Washington Post, Josh Paul, who worked on arm transfer policies before becoming the most senior U.S. official in the State Department to resign over the war in Gaza, explained that in addition to international laws that Israel may be breaking in Gaza, the U.S. has violated its own binding mechanisms for how weapons sold to other nations are deployed.
"Just from a legal perspective within U.S. domestic law," said Paul, "there's a much wider body of rules that is being ignored right now" by the Biden administration. "The arms are just continuing to flow."
Axiosreports that the anticipated report by the State Department—known as the NSM-20 (or National Security Memomardum 20)—may be made public as early as Friday, though the government has already been harshly criticized by human rights groups for delaying its release beyond a May 8 deadline.
"The Biden administration had months to put together a report on information they should already be collecting—whether grave human rights violations and other serious violations of international law are being committed using U.S.-provided weapons in seven conflicts around the world," said Amanda Klasing, national director for government relations at Amnesty International USA, after the deadline came and went on Wednesday.
Charles Blaha, who from 2016 to 2023 worked as Director of the State Department’s Office of Security and Human Rights, told the Post that documented evidence, as well as common sense, reveals that the massive amount of U.S. arms sold to the Israelis both before and during the last seven months of fighting in Gaza have been used in gross human rights violations.
"When you look at those collapsed buildings where people are trapped underneath, the odds are that that death and destruction is being caused by a United States-supplied weapon," explained Blaha, who co-authored an independent analysis last month exploring possible NSM-20 violations.
According to that April analysis:
The final report features sixteen clear, credible, and compelling incidents that should certainly be included in the administration’s upcoming reporting to Congress as well as an 18-page appendix of additional incidents worthy of examination. It also identifies multiple restrictions on humanitarian assistance, including strikes by the IDF, that trigger Section 620I of the Foreign Assistance Act (which bars military assistance to states impeding U.S. humanitarian aid) and should be reportable to Congress by the Departments of State and/or Defense under the terms of NSM-20.
Our findings were striking. Though Israel has attributed the 34,000 Palestinian casualties, 70 percent of whom are women and children, to alleged human shielding by Hamas, we found that in 11 out of the 16 incidents we analyzed, Israel did not even publicly identity a military target or attempt to justify the strike. Of the remaining five incidents, Israel publicly named targets with verification in two incidents, but no precautionary warning was given and we assess the anticipated civilian harm was known and excessive.
According to Axios' reporting, the NSM-20 report—which will be officially submitted to Congress for review by Secretary of State Antony Blinken upon its release—will be "highly critical report about Israel's conduct in Gaza" but stop short of "concluding it has violated the terms for its use of U.S. weapons."
Citing people with internal knowledge of the behind-the-scenes discussion at the State Department, Axios reports the existence of an internal "tug-of-war" in which "the Bureau of Democracy, Human Rights and Labor, and USAID recommended Blinken conclude that Israel has violated the terms of the national security memorandum, but other parts of the department pressed Blinken to certify that it didn't."
In response to the reporting, Alexander Langlois, a contributing fellow at Defense Priorities, said the Biden administration hopes to have it both ways.
"As expected, the Biden admin is going to attempt (and likely fail) at threading a needle on the NSM-20 report, reported to be released today," said Langlois. "Anyone with eyes can see what is happening here. This is a political decision and not one based on facts."
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