December, 08 2020, 11:00pm EDT
For Immediate Release
Contact:
Ed Mierzwinski, U.S. PIRG Senior Director for Federal Consumer Programs, (202) 461-3821, edm@pirg.org
Taran Volckhausen, Communications Associate, (720) 212-9955, tvolckhausen@publicinterestnetwork.org
Federal Regulators, States File Antitrust Lawsuits Against Facebook
Lawsuits allege Facebook dominance deprives consumers of pro-privacy choices.
WASHINGTON
Federal regulators and 46 state attorneys filed lawsuits against Facebook on Wednesday, aiming to force the breakup of the technology and social media giant. The suits accused Facebook of illegally buying up smaller competitors, including WhatsApp and Instagram, breaking antitrust laws and preventing fair market competition.
The states' lawsuit is led by New York Attorney General Letitia James. The suit is filed on behalf of 46 U.S. states, Guam and the District of Columbia.
In response, Ed Mierzwinski, U.S. PIRG's senior director for federal consumer programs, issued the following statement:
"U.S. PIRG welcomes the Facebook lawsuits by 48 state and territorial attorneys general and federal regulators. It's time that the courts put an end to BigTech's specious claim that its products are 'free,' so 'consumer welfare' is not infringed upon and the antitrust laws don't apply.
Actually, consumers pay with our data, through a Big Tech business model of constant corporate surveillance and manipulation. We look forward to the lawsuit unwinding the alleged predatory acquisition of companies that could have been innovative competitors, offering pro-privacy choices in the marketplace."
U.S. PIRG, the federation of state Public Interest Research Groups (PIRGs), stands up to powerful special interests on behalf of the American public, working to win concrete results for our health and our well-being. With a strong network of researchers, advocates, organizers and students in state capitols across the country, we take on the special interests on issues, such as product safety,political corruption, prescription drugs and voting rights,where these interests stand in the way of reform and progress.
LATEST NEWS
Biden Restores, Expands Bedrock Environmental Law Gutted by Trump
"Today's rule restores strong environmental review of federal actions and will go a long way towards having a meaningful process to assess the health and safety impacts of an array of projects," said one campaigner.
Apr 30, 2024
In a clear demonstration of how U.S. President Joe Biden's priorities differ from those of his GOP predecessor, the Democrat on Tuesday finalized a two-part push to revive and strengthen a landmark environmental law eviscerated by the Trump administration in 2020.
While in office, former Republican President Donald Trump—who has pledged to "drill, baby, drill" if he wins back the White House—attacked the National Environmental Policy Act (NEPA), which ensures communities can weigh in on projects that are built nearby or otherwise impact them.
The White House Council on Environmental Quality on Tuesday released regulations that "aim to undo Trump's gift to polluters," in the words of Food & Water Watch, one of several groups that applauded the Biden administration's new rules.
"This rule is yet another reminder that we do not have to choose between environmental justice and meeting our energy needs."
"NEPA gives communities the power to participate and advocate for themselves when the federal government greenlights polluting projects like factory farms and fossil fuel power plants," said Food & Water Watch legal director Tarah Heinzen. "Today's rule restores strong environmental review of federal actions and will go a long way towards having a meaningful process to assess the health and safety impacts of an array of projects."
"Over the past few years, NEPA has been targeted by polluters and their political allies as an impediment to permitting sensible and necessary projects," Heinzen noted. "But this is simply not the case; full, transparent consideration of a project's impacts—including climate and environmental justice impacts—is critical to informed decision making and ultimately transitioning away from fossil fuels."
In addition to reinstating provisions gutted under Trump, Biden's rule introduces new climate and environmental justice requirements.
"These are the most significant improvements in decades to the NEPA process that analyzes gas pipelines, power plants, and other polluting projects," said Brett Hartl, government affairs director at the Center for Biological Diversity. "These rules undo the damage from both the previous administrations' efforts to weaken NEPA and the Fiscal Responsibility Act of 2023."
Hartl also highlighted some inconsistency with Biden's record, saying that "these rules come not a moment too soon, as the Department of Energy, the Bureau of Land Management, and other federal agencies continue to unthinkingly approve climate-killing fossil fuel projects. All federal agencies must now meaningfully adjust their environmental reviews so that fossil fuel companies' profits aren't put above the interests of our most vulnerable communities and our climate."
Friends of the Earth legal director Hallie Templeton similarly praised the progress while stressing that the fight is far from over.
"This marks a victory in our yearslong litigation to reverse the rollbacks and benefits frontline communities who rely on NEPA for a voice in the permitting process and for transparency around our government's activities," said Templeton. "While much more must be done to shore up our nation's environmental and environmental justice laws, this is a certain step in the right direction for safeguarding people and the planet."
Abigail Dillen, Earthjustice's president, emphasized that "smart, transparent blueprinting for the future has never been more important."
"We need to build out the clean energy infrastructure of the future as efficiently and affordably as possible, while forcing a shift in business-as-usual thinking that is driving fossil fuels expansion, entrenching environmental injustice, and accelerating biodiversity loss," she asserted. "This new rule restores NEPA to its original intent while modernizing its implementation to address the scale of the environmental problems we face now."
Sierra Club executive director Ben Jealous pointed out that "this rule is yet another reminder that we do not have to choose between environmental justice and meeting our energy needs."
"Through this commonsense reform, we can unlock the benefits of the Inflation Reduction Act and bring abundant clean energy resources online without sacrificing communities or rubber-stamping more fossil fuels," he continued, referencing a package signed by the president in 2022. "We applaud the Biden administration for taking this important step toward ensuring certainty, efficiency, and transparency in the federal environmental review process."
David Watkins, the director of government affairs for the Climate and Energy Program at the Union of Concerned Scientists, said that "by restoring and strengthening key provisions of NEPA, the Biden administration has unequivocally declared that polluting industries will not have the only say in how federal investments and projects are evaluated."
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ICJ Rejects Nicaragua's Request to Block German Arms Sales to Israel
However, the World Court did not grant Germany's request to dismiss the case‚ in which Nicaragua accuses Berlin of enabling Israeli genocide in Gaza.
Apr 30, 2024
The top United Nations court on Tuesday overwhelmingly rejected Nicaragua's request for an emergency order directing Germany to halt arms sales to Israel as it wages what the tribunal previously called a "plausibly" genocidal war against Palestinians in Gaza.
International Court of Justice (ICJ) judges voted 15-1 against the Nicaraguan motion, finding an absence of legal conditions for issuing an order blocking Germany from selling arms to Israel.
"Based on the factual information and legal arguments presented by the parties, the court concludes that, at present, the circumstances are not such as to require the exercise of its power... to indicate provisional measures," ICJ President Nawaf Salam wrote in the ruling.
However, the court did not grant Germany's request for an outright dismissal and will hear arguments on the merits of the Nicaraguan case, a process expected to take months to complete.
Carlos José Argüello Gómez, the head of Nicaragua's legal team and its ambassador to the Netherlands, said after the ruling that the court's decision "doesn't mean that Germany hasn't violated... international law."
"Germany has—from our point of view—violated international law" by providing weapons for Israel, Argüello contended.
Nicaragua’s representative Carlos Jose Arguello Gomez says ICJ ruling doesn't mean that Germany has not violated international law by providing military aid to Israel.
🟠LIVE updates: https://t.co/FqbkLyF2ZA pic.twitter.com/3cnPizIXps
— Al Jazeera English (@AJEnglish) April 30, 2024
Nicaragua asserts that Germany—which provided nearly 30% of Israel's exported arms last year—is complicit in Israeli war crimes and is enabling genocide against Palestinians in Gaza. Palestinian and international officials say that more than 123,000 Palestinians have been killed, maimed, or left missing by Israel's relentless 207-day onslaught and siege, which has also displaced around 90% of Gaza's 2.3 million people and driven at least hundreds of thousands of people to the brink of starvation. The majority of those killed have been women and children.
"Germany is failing to honor its own obligation to prevent genocide or to ensure respect of international humanitarian law," Argüello argued during case hearings earlier this month.
According to the Lawyers' Collective—a Berlin-based group that is suing to stop German arms sales to Israel—Germany's government issued €326.5 million ($348.7 million) worth of weapons export licenses for Israel last year, the majority of which were approved after October 7, 2023. That's a tenfold increase from 2022. The group says these transfers violate Germany's obligations under the War Weapons Control Act, which requires arms exports to comply with international humanitarian law.
Germany counters that its weapons sales to Israel have decreased since the October 7 attack and emphasizes what it says are the defensive nature of recent arms transfers. Berlin also says it has robust internal mechanisms and processes to consider the human rights implications of German arms sales.
Top German diplomat Tania von Uslar-Gleichen, who is leading Germany's legal team at the ICJ, said during hearings that Nicaragua's allegations "have no basis in fact or law."
Reacting to the ICJ ruling, the German Foreign Office said that "Germany is not a party to the conflict in the Middle East. On the contrary, we are working day and night for a two-state solution."
"We are the largest donor of humanitarian aid to the Palestinians," the ministry added. "We are working to ensure that aid reaches the people in Gaza."
The German government has been intensely criticized for its stauch support for Israel and for violently cracking down on pro-Palestinian protests since October. Numerous observers contend that Germany's actions are driven by historical guilt over the Holocaust, with some critics claiming the German government is weaponizing that guilt in order to demonize Palestinians and their defenders.
Israel—which is not a party to the case—vehemently denies genocide charges, arguing it is defending itself in the wake of the Hamas-led attacks that left more than 1,100 people dead and around 240 others taken hostage. Israeli forces are believed to have killed numerous Israelis on October 7 and an unknown number of hostages since then during the bombardment and invasion of Gaza.
In addition to Nicaragua's motion, the ICJ is considering a case brought by South Africa and supported by over 30 nations asserting that Israel's Gaza assault is genocidal because it is "intended to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnical group."
On January 26, the tribunal issued a provisional ruling that found Israel is "plausibly" committing genocide in Gaza and ordered the country to prevent genocidal acts. Critics accuse Israel of ignoring the order by continuing to block humanitarian aid from reaching Gazans as children and other vulnerable people starve to death.
Citing "the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation," the ICJ last month issued another provisional order directing Israel to allow desperately needed aid into the embattled enclave and reiterating its earlier order to prevent genocidal acts.
Also last month, the U.N. Human Rights Council
published a draft report that found "reasonable grounds to believe" that Israel is committing genocide in Gaza.
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Lobbyist-Dominated Plastics Talks End Without Clear Path to Production Cuts
"Despite mounting proof of plastics' enormous harm to people and the planet, the petrochemical industry and the countries that put them first are ramping up efforts to water down this treaty," one campaigner said.
Apr 30, 2024
The fourth and second-to-last round of negotiations for a Global Plastics Treaty concluded Tuesday with what campaigners called a "weak" and "disappointing" compromise, as countries did not agree to discuss curbing primary plastic production before the final session later this year.
The "underwhelming" result came at the close of talks in Ottawa, Canada, at which 196 fossil fuel or chemical industry lobbyists attended, a 37% increase from the third round of negotiations and more than the entire delegation of the European Union.
"People are being harmed by plastic production every day, but states are listening more closely to petrochemical lobbyists than health scientists," Graham Forbes, Greenpeace's head of delegation to the negotiations and Greenpeace USA's global plastics campaign lead, said in a statement. "Any child can see that we cannot solve the plastic crisis unless we stop making so much plastic."
"The Global South countries who are fighting tooth and nail for a strong plastics treaty have been steamrolled by the will of wealthy nations."
Civil society and frontline groups called reducing plastics production a "nonnegotiable" component of the treaty heading into the fourth session of the intergovernmental negotiating committee to advance a plastics treaty (INC-4), the continuation of a process launched at a United Nations Environment Assembly (UNEA) in Nairobi in 2022. However, when delegates agreed at the end of the latest negotiations to continue discussions of certain issues in "intersessional" work, this did not include a discussion of primary plastic polymers.
"From the beginning of negotiations, we have known that we need to cut plastic production to adopt a treaty that lives up to the promise envisioned at UNEA two years ago," said David Azoulay, the director of environmental health at the Center for International Environmental Law (CIEL). "In Ottawa, we saw many countries rightly assert that it is important for the treaty to address production of primary plastic polymers. But when the time came to go beyond issuing empty declarations and fight for work to support the development of an effective intersessional program, we saw the same developed member states who claim to be leading the world toward a world free from plastic pollution, abandon all pretense as soon as the biggest polluters look sideways at them."
The negotiations, which began April 23, were pulled between more ambitious countries—particularly Global South countries in Africa, Latin American, and the Pacific Islands—and the so-called "Like-Minded Group" of fossil fuel and polymer producing countries such as Saudi Arabia, Russia, China, Kuwait, Qatar, and India. On the more ambitious side of the spectrum, Rwanda and Peru spearheaded a call for intersessional work on a plan to cut production of primary polymers by 40% of 2025 levels by 2040, which was backed by Malawi, the Philippines, and Fiji.
"While not high enough to avoid breaching the 1.5°C climate target, Rwanda and Peru's proposal is the first time a group of countries have put forward a specific target for plastic production cuts," environmental coalition GAIA said in a statement.
Another promising development was the Bridge to Busan Declaration on Primary Plastic Polymers, in which signatories promised to work toward maintaining a plastic production reduction commitment in line with the Paris agreement in the final treaty text, to be set in Busan, South Korea, at the end of 2024.
On the other hand, Break Free From Plastics said that some countries had obstructed the process by pressuring negotiators to agree to consensus, even though the procedure allows for voting when consensus cannot be reached. They also interfered with the drafting of the treaty itself.
"A small number of countries continued their obstructionist and low-ambition tactics—watering down, adding countless brackets, and shamelessly twisting the language across the different provisions in an attempt to narrow the scope and lower the ambitions of the treaty," the group said.
However, GAIA said that negotiations did make progress on a draft treaty text that included a reduction of plastic production, the banning of toxic chemical additives, a financial mechanism to help countries meet targets, and a commitment to a just transition. After this progress, the chair's proposal that intersession work would not consider polymers came as a surprise.
"Tonight's upsets show that historical injustices have made their way into the halls of the plastics treaty negotiations," Camila Aguilera, communications officer for GAIA Latin America and the Caribbean, said in a statement. "The Global South countries who are fighting tooth and nail for a strong plastics treaty have been steamrolled by the will of wealthy nations. The debate over intersessional work is a proxy for these geopolitical divides between the Global North and the Global South."
CIEL said that several countries in the self-described "High Ambition Coalition," (HAC) including the European Union, had not pushed back sufficiently on attempts to weaken the treaty and the process. It, along with many other environmental groups, also criticized the United States, which is not an HAC member, for failing to stand up for an ambitious treaty.
"Negotiating with the U.S. and other oil states has felt like trying to negotiate with industry, always prioritizing profit over the well-being of people and the planet."
"The United States needs to stop pretending to be a leader and own the failure it has created here," said CIEL President Carroll Muffett. "When the world's biggest exporter of oil and gas, and one of the biggest architects of the plastic expansion, says that it will ignore plastic production at the expense of the health, rights, and lives of its own people, the world listens. Even as the U.S. signaled to the G7 that it would commit to reduce plastic production, it intentionally blocked efforts to do that in the global talks most relevant to the issue. It's time to ask whether the U.S. delegation to the plastics treaty simply missed the memo on protecting health and human rights from the plastic threat, or whether the Biden administration forgot to send it."
Center for Biological Diversity senior attorney Julie Teel Simmonds said that "rather than showing leadership, the United States has remained disappointedly in the middle."
"The U.S. proposals lack binding targets and focus on cutting demand for plastic rather than production itself," Simmonds continued. "And they don't go beyond existing U.S. policy, which has failed to curb plastic production or protect frontline communities and the environment from harm."
Frankie Orona, the executive director of the Society of Native Nations, recounted that "negotiating with the U.S. and other oil states has felt like trying to negotiate with industry, always prioritizing profit over the well-being of people and the planet."
On the final day of negotiations, Break Free From Plastics published a statement calling out the U.S. for not committing to legally binding plastic production cut targets, underselling its own regulatory apparatus, and overemphasizing recycling.
"As the world's largest consumer and exporter of plastic waste, purporting to recognize the severity of the crisis, the U.S. must act decisively on these imperatives rather than negotiating an ineffective treaty that will sacrifice the public health and human rights of all to the interests of the fossil fuel and petrochemical industries," the group said.
It demanded that the U.S. delegation support a legally binding treaty that includes set global targets; production caps, phaseouts, and phasedowns for plastic polymers; the health-based control of toxic chemicals in production; a just transition for all communites impacted by the plastics lifecycle; and waste management that protects health and the environment and rejects false solutions.
Civil society groups also argued that negotiators should heed the demands of Indigenous peoples, and that they should be given more resources and support to participate. However, CIEL found that plastics lobbyists outnumbered the 28 representatives of the Indigenous Peoples Caucus by a rate of seven to one.
"We need intersessional work with the inclusion of Indigenous Peoples—who are rights holders with traditional knowledge and a deep understanding of sustainable resource management—as well as frontline and fenceline communities—who, for generations, have borne the brunt of environmental damage from fossil fuels and petrochemical production," Orona said. "By including these often-marginalized groups, we can move beyond 'business as usual' to achieve an ambitious treaty that protects our environment, respects human rights, and fosters a more equitable and sustainable future for all of us and Mother Earth."
Green groups also called for conflict-of-interest policies to reduce the role of industry lobbyists.
"Despite mounting proof of plastics' enormous harm to people and the planet, the petrochemical industry and the countries that put them first are ramping up efforts to water down this treaty," Teel Simmonds said. "We'll keep fighting their deception and obstruction because the world desperately needs a treaty that protects us from plastic production and pollution. And we'll keep pushing the United States to lead."
The next and last round of negotiations is set to begin on November 25. In the meantime, intersessional work will move forward on a financial mechanism, plastic products, chemicals of concern in plastic products, product design, reusability, and recyclability. Observers will be able to contribute to these sessions, while another group conducts a legal review of the treaty.
"The success of the International Plastics Treaty depends on the reduction of primary plastic polymers," said Yu Hyein from the Korea Federation for Environmental Movements and Friends of the Earth, South Korea. "There was not enough discussion on this at INC-4, and it is likely that this will continue at INC-5. As a host country and a member of the High Ambition Coalition, the Korean government should make an ambitious declaration on reducing primary plastic polymers."
Greenpeace's Forbes added, "The entire world is watching, and if countries, particularly in the so-called 'High Ambition Coalition,' don't act between now and INC-5 in Busan, the treaty they are likely to get is one that could have been written by ExxonMobil and their acolytes."
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