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Kristen Monsell, (914) 806-3467, kmonsell@biologicaldiversity.org
Federal Filing Urges 9th Circuit to Overturn Ban Backed by Kamala Harris
The Biden administration filed a request today asking the 9th Circuit Court of Appeals to overturn a lower court decision that halted offshore fracking in federal waters off California. Today’s filing asks for an “en banc” review of the key ruling.
Both the Center for Biological Diversity and California attorney general Kamala Harris sued the federal government in 2016 to stop offshore fracking. In June a three-judge panel of the 9th Circuit upheld a lower court decision that prohibits offshore fracking in federal waters off the California coast. Now the administration is asking for en banc review to overturn that ruling and allow offshore fracking to resume.
“It’s incredibly disappointing to see the Biden administration doing the oil industry’s bidding by defending fracking off the California coast,” said Kristen Monsell, an attorney at the Center for Biological Diversity. “This contradicts the administration’s climate goals, because fast-tracking offshore fracking will mean more dirty fossil fuels. The 9th Circuit’s decision was well-reasoned and the right one under the law. We’re confident this effort to overturn it will be rejected. Offshore fracking shouldn’t be allowed at all, let alone without a careful, comprehensive analysis of its harmful environmental effects.”
The 9th Circuit’s June ruling found that the federal government violated the National Environmental Policy Act, Endangered Species Act, and Coastal Zone Management Act when it allowed fracking in offshore oil and gas wells in all leased federal waters off California.
The appeals court order prohibits the Department of the Interior from issuing fracking permits until it completes Endangered Species Act consultation and an environmental impact statement that “fully and fairly evaluate[s] all reasonable alternatives.”
The decision was the result of three separate lawsuits filed by the Center, the state of California, and other organizations.
At least 10 fracking chemicals routinely used in offshore fracking could kill or harm a broad variety of marine species, including sea otters and fish, Center scientists have found. The California Council on Science and Technology has identified some fracking chemicals to be among the most toxic in the world to marine animals.
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.
(520) 623-5252"Opponents of democracy are terrified that they will lose again at the ballot box in November and are rushing to right-wing judges to hamstring democratic governance," said one observer.
A Republican-appointed U.S. federal judge in Georgia raised eyebrows and objections Thursday after taking what observers called the "unprecedented" step of blocking a rule that hasn't even been finalized in order to stop the Biden administration from implementing a plan to deliver promised debt relief to millions of student borrowers.
U.S. District Judge for the Southern District of Georgia James Randal Hall issued an order blocking the Biden administration's proposed federal student debt relief rule. Hall—an appointee of former President George W. Bush—granted a motion by a coalition of right-wing state attorneys general to preempt the rule's eventual implementation.
"The court is substituting its judgment for those elected to serve the public," American Federation of Teachers president Randi Weingarten said in response to the ruling. "It subverts the democratic process and denies relief to student loan borrowers, many of whom rely on debt relief programs already advanced by the Biden-Harris administration."
"This court's unprecedented decision to block a rule that does not yet exist is not only bad for the 30 million borrowers who were relying on the administration to deliver much-needed relief," she continued. "It's a harbinger of the chaos and corruption right-wing judges seek to force on the American people."
Mike Pierce, executive director of the Student Borrower Protection Center—which called the ruling "dangerous and unprecedented"—denounced Hall for preventing the Biden administration from delivering student debt relief "even though no plan has been finalized."
"This is an extraordinary break with precedent and a brazen move by the conservative movement to shift even more power to unelected, unaccountable red-state judges," he said. "Opponents of democracy are terrified that they will lose again at the ballot box in November and are rushing to right-wing judges to hamstring democratic governance."
"This is the clearest sign yet that Project 2025 is already terrorizing student loan borrowers through a slow-moving judicial coup," Pierce added, referring to a conservative coalition's agenda for a far-right takeover of the federal government—which critics warn would worsen the U.S. student debt crisis.
Biden's proposal would forgive some or all student debt for around 30 million borrowers who have been repaying undergraduate loans for at least 20 years, or graduate loans for 25 years.
Hall's order is based on what he said was the plaintiffs' "substantial likelihood of success on the merits given the rule's lack of statutory authority" and U.S. Education Secretary Miguel Cardona's "attempt to implement a rule contrary to normal procedures."
"This is especially true in light of the recent rulings across the country striking down similar federal student loan forgiveness plans," he added.
The U.S. Supreme Court's right-wing supermajority last year struck down Biden's initial plan to relieve up to $20,000 in federal scholastic debt for around 40 million borrowers, and last month the justices kept in place a sweeping suspension of the administration's Saving on a Valuable Education (SAVE) program, which aims to lower monthly repayments and hasten loan forgiveness.
"We're here for you and your children," one campaigner told a police officer who was arresting her. "We're here for our world."
Closing out a "historic" summer of civil disobedience—but with no plans to back off their demands that Wall Street divest from planet-heating fossil fuels—the "Summer of Heat" campaign blockaded the entrance of Citibank's headquarters in New York for an hour on Thursday.
At the 32nd protest held by Stop the Money Pipeline, New York Communities for Change, and other groups since June 10, organizers said 50 people were arrested, including climate scientists and an advocate dressed as an orca—a reference to numerous cases of whales ramming and sinking luxury yachts in recent years.
"The water is too damn hot!" said the costumed protester. "Stop funding fossil fuels."
Summer of Heat has targeted Citibank due to its status as Wall Street's largest funder of methane gas extraction since 2016 and the second-worst funder of oil, coal, and gas projects in recent years, spending $396.3 billion from 2016-23.
For an hour, roughly 1,000 Citibank employees were barred from entering the building as protesters blocked the doors.
"I've been studying climate change since 1982 and no one is listening to the data," said biologist and anti-fracking advocate Sandra Steingraber—who has joined multiple Summer of Heat actions—as she was arrested. "So today they're going to have to listen to my body blocking the doors of the world's largest funder of new fossil fuel projects."
More than 5,000 people have joined Summer of Heat protests since June, and there have been more than 600 arrests. Citibank's response to the demonstrators has escalated to violence at times, with a security guard punching one protester in the building's lobby last month.
One woman told police arresting her on Thursday that her grandson suffers from asthma resulting from wildfire smoke, which climate scientists have linked to fossil fuel extraction and planetary heating.
"We're here for you and your children," she told an officer. "We're here for our world."
As the campaigners blocked the Citibank entrance, cellist John Mark Rozendaal and Stop the Money Pipeline director Alec Connon were preparing to attend a court hearing on Friday regarding assault and criminal contempt charges. Connon has said he was "falsely accused of assault by Citibank security so they could get a restraining order" keeping him from returning to protests at the headquarters.
Mary Lawlor, United Nations special rapporteur on human rights defenders, expressed "strong concern at the charges" and said she would be "closely following" the trial.
"Fossil fuel companies have embedded themselves in universities across the U.S., U.K., Canada, Australia, and beyond."
The fossil fuel industry seeks to obstruct climate action by using money to influence research and establish ties at Western universities, raising concerns about academic independence and the integrity of scientific inquiry, according to a study published Thursday.
The study, published in the peer-reviewed journal WIREs Climate Change, was authored by researchers at six universities who conducted the first-ever literature review of academic papers and civil society investigations into Big Oil's links to higher education.
"We find that universities are an established yet under-researched vehicle of climate obstruction by the fossil fuel industry," the authors wrote.
"Fossil fuel companies have embedded themselves in universities across the U.S., U.K., Canada, Australia, and beyond," they concluded.
"Everything that's been done so far by researchers on this indicates an emerging consensus... that this is a really serious and significant problem that needs to be taken a lot more seriously," Geoffrey Supran, director of the Climate Accountability Lab at the University of Miami and a co-author of the review, toldFinancial Times.
Jennie Stephens, a professor at the ICARUS Climate Research Center at Maynooth University in Ireland who also co-authored the study, toldDeSmog that "when you pull it all together, you realize how pervasive a strategy this has been."
"The science has been telling us that fossil fuel phaseout is the number one thing that we need to focus on, but within our universities, there's very little research on how to do fossil fuel phaseout," Stephens toldThe Guardian. "This provides some explanation for why society has been so ineffective and inadequate in our responses to the climate crisis."
NEW: In @WIREs_Reviews today, our latest peer-reviewed research shows fossil fuel companies have systematically infiltrated academia, threatening to bias research and undermine meaningful climate action. THREAD.
📰Open access: https://t.co/S2Kzaq6HGt
— Geoffrey Supran (@GeoffreySupran) September 5, 2024
Research on the links between Big Oil and universities in the U.S., U.K., Canada, and Australia has indeed been limited. The authors could only find 14 peer-reviewed papers and 21 civil society reports published in English between 2003 and 2023.
The studies they did find document the strong influence of the industry on institutions of higher education. They cite a number of examples, many of which are from elite universities. BP contributed between $2.1 million and $2.6 million to Princeton University's Carbon Mitigation Initiative between 2012 and 2017 and remains a sponsor. In 2017, a public relations firm working with BP wrote in an internal memo that partnership with Princeton was a way of "authenticating BP's commitment to low carbon."
An influential 2011 study by industry-linked researchers at the Massachusetts Institute of Technology's Energy Initiative helped persuade policymakers that natural gas was a helpful "bridge" fuel—which effectively became Obama administration policy. Lead author Ernest Moniz became the U.S. Secretary of Energy in 2013.
These outcomes indicated the success of an industry strategy to influence university research and debate. A leaked 1998 internal memo from American Petroleum Institute, a lobby group, the subject matter of which was "build[ing] a case against precipitous action on climate change," recommended fostering "cooperative relationships with all major scientists whose research in this field supports our position."
These are a few of the examples of Big Oil's links to universities cited in a study in WIREs Climate Change published on September 5, 2024.
Fossil fuel industry influence hasn't been studied nearly as thoroughly as other potential conflicts of interest or sources of bias in the research process, the authors wrote. Their literature review found that many academics had drawn comparisons to tobacco and pharmaceutical meddling in academia. They wrote:
The studies reviewed here revealed parallels between fossil fuel industry strategies and those of industries like tobacco and pharmaceuticals. For example, fossil fuel companies have supported research that had commercial applications (e.g., hydraulic fracturing) or was otherwise favorable to their legal and policy positions (e.g., anti-punitive-damages law review articles)... Previous [conflict of interest] research has noted how the pharmaceutical industry stands out for arguing that it produces beneficial products, whereas industries like tobacco and lead seek to minimize the apparent harms of their products. The fossil fuel industry today appears to do both, and notably positions itself as an innovator of purportedly beneficial climate solutions, such as natural gas and carbon capture and storage.
The authors of the review also drew attention to universities' opacity in dealings with Big Oil, writing that there's a "widespread lack of transparency on funding ties, amounts, and contract details."
They wrote that, though academics have not devoted much attention to industry influence on higher education, some activists and NGOs have long tried to raise the issue. Campaigners seconded that fact in responding to the study on Thursday.
"This literature review confirms what students in our movement have known for years," said Jake Lowe, executive director of Campus Climate Network, told The Guardian. "Big Oil has infiltrated academia in order to gain undue credibility and obstruct climate action."
Lowe's group is one of many that's calling for universities to "dissociate" from fossil fuel interests—a movement that Supran, the Miami professor, called "basically divestment 2.0."
The problem is by no means limited to English-speaking countries. An investigation by Investigate Europe and openDemocracy last year found that European universities are also rife with Big Oil influence.