February, 03 2022, 01:39pm EDT
For Immediate Release
Contact:
Morgan Caplan, Sierra Club, (443) 986-1221, Morgan.Caplan@sierraclub.org
Molly Moore, Appalachian Voices, (847) 401-3633, molly@appvoices.org
Jared Margolis, Center for Biological Diversity, (802) 310-4054, jmargolis@biologicaldiversity.
Federal Court Invalidates Another Key Permit in Endangered Species Act Case, Casting Serious Doubt on Future of Mountain Valley Pipeline
WASHINGTON
The U.S. Court of Appeals for the 4th Circuit today invalidated the biological opinion and incidental take statement issued by the U.S. Fish and Wildlife Service under the Endangered Species Act for the Mountain Valley Pipeline.
The court found that the agency failed to adequately analyze the project's environmental context when assessing the detrimental impacts to the Roanoke logperch and the candy darter, a species on the brink of extinction. The court's decision means that construction should not move forward along the 304-mile pipeline route.
The decision is the latest setback for the Mountain Valley Pipeline after another recent decision from the 4th Circuit invalidated approvals by the U.S. Forest Service and Bureau of Land Management for construction through Jefferson National Forest. The project continues to face several legal battles and is more than three years behind schedule, barely half complete and billions over budget.
The pipeline has been required to pay millions of dollars in fines for more than 350 water quality-related violations in Virginia and West Virginia and has disturbed and destroyed important habitat, adversely affecting local wildlife. Today's decision should stop the pipeline's onslaught against one of the largest remaining wild landscapes in the eastern United States.
"Three more key federal agencies have been sent back to the drawing board after failing to analyze MVP's harmful impacts," said Kelly Sheehan, Sierra Club senior director of energy campaigns. "The previous administration's rushed, shoddy permitting put the entire project in question. Now the Biden administration must fulfill the commitments it has made on climate and environmental justice by taking a meaningful, thorough review of this project and its permitting. When they do, they will see the science is clear: MVP is not compatible with a healthy planet and livable communities. MVP must not move forward."
"Sacred life prevailed today with the court's acknowledgement of the harmful impact MVP has on everything in its path, specifically endangered and threatened species," said Russell Chisholm, co-chair of the Protect Our Water, Heritage, Rights (POWHR) Coalition. "Holding MVP accountable to the law is key to the ultimate cancellation of this noxious fracked gas pipeline. This decision not only protects the candy darter and other endangered species, it sets us on course to stop MVP, decisively transition away from deadly fossil fuels, and reroute towards a renewable economy on a livable planet."
"MVP's dangerous pipeline project has already destroyed and degraded the habitat of endangered species along its route, in addition to the threat it poses to clean air, water, and our communities," said Sierra Club Senior Attorney Elly Benson. "We have seen its harmful effects on the region's forests and streams as MVP has put profits before people and wildlife. Today's decision underscores that the Fish and Wildlife Service can't minimize MVP's impacts on vulnerable species like the Roanoke logperch and candy darter that are already facing numerous other serious threats, including climate change."
"At a time when we need to urgently move away from fracked-gas pipelines and all the harms they bring -- from impacts to endangered species to damage to water quality to climate change -- the law and science prevailed in this case," said Anne Havemann, general counsel of the Chesapeake Climate Action Network.
"Today's is a sweetly welcome decision in our fight to stop the ravage of MVP," said Roberta Bondurant of Preserve Bent Mountain, a local member group of the POWHR Coalition. "The Bent Mountain community together with our allies, have fought relentlessly, and at unspeakable costs, to protect forest, meadow and waters of our venerable Appalachians. This is a banner day for Planet Earth -- the Swomee Swan soars, the Humming Fish jumps, and the Truffula Tree breathes a grateful sigh of relief."
"Once again, the courts have found that federal regulators weren't following the laws passed by Congress to protect the public and our environment," said Peter Anderson, Virginia policy director for Appalachian Voices. "Communities in this region rely on its rich biodiversity to support many recreational and economic opportunities. We take seriously our laws protecting habitat and ecological function, even if Mountain Valley Pipeline does not."
"Again, the agencies that should be guardians of our most precious resources and the public interest failed us," said David Sligh, conservation director at Wild Virginia. "But today is a victory for sensitive and valuable species, which have already been harmed by MVP's pollution. This decision again reinforces the truth that this destructive project must not be allowed to continue. The company needs to face that fact now and should be forced to help heal the wounds it has inflicted."
"This is an incredible victory," said Jared Margolis, a senior attorney at the Center for Biological Diversity. "The Mountain Valley Pipeline is a fossil fuel nightmare that threatens the essential habitat of imperiled wildlife. These projects lock us into an unsustainable spiral of climate change that inflict incredible damage to vulnerable species. That cycle must end."
"Enough is enough," said Cindy Rank of WV Highlands Conservancy. "This is just one more example of how wrong this pipeline is, how much it harms the earth and the critters that make our world a treasure to be protected from unwise developments like MVP."
Today's announcement is a result of a case argued by the Sierra Club on behalf of a coalition of conservation organizations, including Wild Virginia, Appalachian Voices, Chesapeake Climate Action Network, Defenders of Wildlife, West Virginia Rivers Coalition, Preserve Giles County, Preserve Bent Mountain, West Virginia Highlands Conservancy, Indian Creek Watershed Association and the Center for Biological Diversity. Appalachian Mountain Advocates also represented the petitioners.
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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Amid Spying Fight, House Passes Fourth Amendment Is Not For Sale Act
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," said one advocate.
Apr 17, 2024
While applauding the U.S. House of Representatives' bipartisan passage of a bill to ensure that "law enforcement and intelligence agencies can't do an end-run around the Constitution by buying information from data brokers" on Wednesday, privacy advocates highlighted that Congress is trying to extend and expand a long-abused government spying program.
The House voted 219-199 for Fourth Amendment Is Not For Sale Act (FANFSA), which won support from 96 Democrats and 123 Republicans, including the lead sponsor, Rep. Warren Davidson (R-Ohio). Named for the constitutional amendment that protects against unreasonable searches and seizures, H.R. 4639 would close what campaigners call the data broker loophole.
"The privacy violations that flow from law enforcement entities circumventing the Fourth Amendment undermine civil liberties, free expression, and our ability to control what happens to our data," said Free Press Action policy counsel Jenna Ruddock. "These impacts affect everyone who uses digital platforms that extract our personal information any time we open a browser or visit social media and other websites—even when we go to events like demonstrations and other places with our phones revealing our locations."
"We're grateful that the House passed these vital and popular protections," she added. "The bill would prevent flagrant abuses of our privacy by government authorities in league with unscrupulous third-party data brokers. Making this legislation into law with Senate passage too would be a decisive and long-overdue action against government misuse of this clandestine business sector that traffics in our personal data for profit."
Wednesday's vote followed the House sending the Reforming Intelligence and Securing America Act to the Senate. H.R. 7888 would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows for warrantless spying on noncitizens abroad but also sweeps up Americans' data.
The House notably included an amendment forcing a wide range of individuals and businesses to cooperate with government spying operations but rejected an amendment that would have added a warrant requirement to the bill, which the Senate could vote on as soon as Thursday.
Noting those decisions on the FISA reauthorization legislation, Ruddock stressed that "today's vote is a victory but follows a recent loss and ongoing threat as that Section 702 bill moves to the Senate this week too."
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," she argued. "That means passing FANFSA and reforming Section 702 authority—and prioritizing everyone's First and Fourth Amendment rights."
Jeramie Scott, senior counsel and director of the Electronic Privacy Information Center's Project on Surveillance Oversight, also praised the House's FANFSA passage on Wednesday.
"The passage of the Fourth Amendment Is Not For Sale underscores the extent to which reining in abusive warrantless surveillance is a bipartisan issue," Scott said. "We urge the Senate to take up this measure and close the data broker loophole."
Kia Hamadanchy, senior policy counsel at ACLU, similarly said Wednesday that "the bipartisan passage of this bill is a flashing warning sign to the government that if it wants our data, it must get a warrant."
Hamadanchy added that "we hope this vote puts a fire under the Senate to protect their constituents and rein in the government's warrantless surveillance of Americans, once and for all."
Sen. Ron Wyden (D-Ore.), a critic of the pending 702 bill and FANFSA's lead sponsor in the upper chamber, called the the House's Wednesday vote "a huge win for privacy" and said that "now it's time for the Senate to follow suit."
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Leaked Cables Show Biden Pressuring Nations to Oppose Palestine's UN Membership
"This is the evidence that President Biden's talk about a two-state solution is nothing but idle talk," said one former Lebanese diplomat.
Apr 17, 2024
As the United Nations Security Council prepares to vote Thursday on Palestine's bid to become a full U.N. member, the Biden administration—which claims to support Palestinian statehood—is lobbying UNSC nations in an effort to wrangle enough "no" votes so that the United States can avoid resorting to a veto.
Leaked cables obtained by The Intercept show U.S. pressure on Security Council members including Malta—which currently presides over the body—and Ecuador.
While claiming that President Joe Biden backs "Palestinian aspirations for statehood," one of the cables asserts that "it remains the U.S. view that the most expeditious path toward a political horizon for the Palestinian people is in the context of a normalization agreement between Israel and its neighbors."
"We therefore urge you not to support any potential Security Council resolution recommending the admission of 'Palestine' as a U.N. member state, should such a resolution be presented to the Security Council for a decision in the coming days and weeks," the document advises.
The U.S. argument essentially is that the U.N. should not create an independent Palestinian state by fiat—even though that's precisely how the world body voted in 1947 to establish the modern state of Israel.
The renewed push for Palestine's U.N. membership comes as Israel wages a genocidal war on the Gaza Strip. The Palestinian Authority, which hasn't controlled Gaza for nearly two decades, rejected the Biden administration's requests to hold off on seeking full membership.
"We wanted the U.S. to provide a substantive alternative to U.N. recognition. They didn't," one unnamed Palestinian official toldAxios on Wednesday. "We believe full membership in the U.N. for Palestine is way overdue. We have waited more than 12 years since our initial request."
As The Intercept's Ken Klippenstein and Daniel Boguslaw noted:
Since 2011, the U.N. Security Council has rejected the Palestinian Authority's request for full member status. On April 2, the Palestinian Observer Mission to the U.N. requested that the council once again take up consideration of its membership application. According to the first State Department cable, U.N. meetings since the beginning of April suggest that Algeria, China, Guyana, Mozambique, Russia, Slovenia, Sierra Leone, and Malta support granting Palestine full membership to the U.N. It also says that France, Japan, and Korea are undecided, while the United Kingdom will likely abstain from a vote.
Along with the United States, China, France, Russia, and the United Kingdom are permanent members of the UNSC, so they also have veto power.
Ahead of Thursday's planned vote, Spain has been doing its own lobbying in Europe to build greater support for Palestinian statehood. At a joint Tuesday press conference with Spanish Prime Minister Pedro Sánchez, Slovenian Prime Minister Robert Golob said the question is "when, not if, but when is the best moment to recognize Palestine."
Belgium—which is seeking economic sanctions against Israel in response to its genocidal war on Gaza—is expected to join Spain's push for Palestinian statehood after the country's European Union presidency expires in June.
Currently, 139 of the U.N.'s 193 member states recognize Palestine as an independent state.
Israeli Prime Minister Benjamin Netanyahu—who has also claimed to support a so-called "two-state solution"—has alternately boasted about thwarting Palestinian statehood.
Critics pointed to the leaked cables as more proof of U.S. duplicity and double standards on the Israel-Palestine issue.
"This is the evidence that President Biden's talk about a two-state solution is nothing but idle talk," Massoud Maalouf, a former Lebanese ambassador to Canada, Chile, and Poland, said on social media.
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Database Exposes 'Illicit Network Undermining Democracy Around the World'
Yanis Varoufakis hailed the effort as "a treasure chest of well-researched reports on how the reactionaries of the world unite."
Apr 17, 2024
"Coups. Assassinations. Riots. Detentions. Disinformation. We know the tactics that have been deployed to undermine our democracies. But who is behind them?"
Progressive International (PI) asks and answers this and other questions with an extensive new database published Wednesday that connects the dots in what the leftist group calls the "Reactionary International"—a loose global network of right-wing leaders and organizations working to subvert democratic institutions.
PI calls it an "illicit network undermining democracy around the world."
"Today is a mask-off moment for the Reactionary International and the parties, politicians, judges, journalists, foundations, think tanks, tech platforms, NGOs, activists, financiers, and entrepreneurs that comprise it," PI said.
"After a year of preparation, we finally open the doors to our new research consortium, exposing the global network of reactionary forces that corrode our democracies, destroy our planet, and drive us closer to world war," the group added.
"The twin insurrections at the U.S. Capitol in 2021 and BrasÃlia's Three Powers Plaza in 2023 left no doubt about the international coordination of reactionary forces," PI argued. "Yet far too little is known about the entities of this network, their sources of financing, and their institutional allies operating inside our political systems."
Ultimately, PI aims to "support democratic systems to become more resilient to their insidious tactics."
From leaders like Hungarian Prime Minister Viktor Orbán, Indian Prime Minister Narendra Modi, and former U.S. President Donald Trump—the presumptive 2024 Republican presidential nominee—to evangelical Christian groups influencing laws in African countries criminalizing LGBTQ+ people and tech companies empowering ubiquitous state surveillance, Reactionary International is a who's-who of the world's right-wing forces.
A cursory search of the database's contents shows users can:
- Learn about Israel's NSO, Rayzone, and Team Jorge, and how a team of Tel Aviv tech entrepreneurs fuel unrest in Latin America;
- Meet the Grey Wolves, Turkey's roving death squad with links to President Recep Tayyip ErdoÄŸan and the ethno-nationalists in his governing coalition; and
- Explore the global network of the Falun Gong, its Trump-connected media outlet The Epoch Times, and its traveling dance troupe known as Shen Yun.
Yanis Varoufakis, a PI member and secretary-general of the left-wing Democracy in Europe Movement 2025, called the database "a treasure chest of well-researched reports on how the reactionaries of the world unite."
PI invites the public to contribute to the database.
"Together, we will not only name, shame, and expose the forces of the far right—but also dismantle their network of complicity," the group said.
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