April, 23 2013, 04:01pm EDT
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For Immediate Release
Contact:
Kari Birdseye, Earthjustice, (415) 217-2098
Jen Duggan, Environmental Integrity Project, (802) 225-6774
Eitan Bencuya, Sierra Club, (202) 495-3047
Michael Senatore, Defenders of Wildlife, (202) 772-3221
Court Orders EPA to Move Forward on Power Plant Water Pollution Rule
The nation's second highest court issued a decision today that ensures the Environmental Protection Agency will have to meet a court-ordered deadline to issue regulations that finally clean up power plant water pollution.
WASHINGTON
The nation's second highest court issued a decision today that ensures the Environmental Protection Agency will have to meet a court-ordered deadline to issue regulations that finally clean up power plant water pollution. Last Friday, the EPA proposed a series of regulatory options for this pollution, and today's decision rejects utility industry efforts to derail the schedule for finalizing a rule in May, 2014.
In 2010, environmental groups sued the EPA for failing to regulate power plant water pollution. As part of that lawsuit, the groups agreed with EPA in a consent decree to a timeline for establishing new federal regulations for these water discharges. The Utility Water Act Group (UWAG), a trade association of energy companies, intervened and challenged that consent decree. Today's decision by the U.S. Court of Appeals for the District of Columbia Circuit denied UWAG's challenge, rejecting claims that the ongoing rulemaking process injures the industry.
Power plant water discharges are filled with harmful pollution such as mercury, arsenic, lead, and selenium--toxics that can cause neurological and developmental damage, cause harm in utero, damage internal organs and cause cancer. According to the EPA, their regulation will reduce pollution by up to 2.62 billion pounds and reduce water use by up to 103 billion gallons each year.
"Last week, the EPA took long overdue action to propose a series of regulatory options to clean up water pollution from power plants," said Earthjustice attorney Abigail Dillen. "Power companies have been successful in evading needed regulation for more than three decades, but we are heartened that they have not succeeded in this latest effort to derail critically important clean water standards for arsenic, mercury, and other toxic pollutants. The court has put to rest any question whether a final rule will be required next year."
"The court's decision is a victory for communities that live downstream of coal-fired power plants, and the health of our rivers, lakes, and streams," said Jennifer Duggan, managing attorney at Environmental Integrity Project. "National standards to curb discharges of arsenic, selenium, mercury, and other toxic pollution from power plants should have been put in place thirty years ago. Despite EPA's commitment to getting these long overdue rules back on track, industry's lawsuit called for even more delay."
"This ruling removes an obstacle that could have further delayed EPA's long overdue obligation to promulgate rules addressing water pollution from coal fired power plants. Once finalized these regulations should help protect aquatic wildlife from the harmful effects of coal-fired power plants," said Michael Senatore, Vice President of Conservation Law at Defenders of Wildlife.
"The court made clear that the coal industry cannot derail the Environmental Protection Agency's efforts to clean up the dumping of toxic metals into our water." said Craig Segall, staff attorney at the Sierra Club. "More than half of all toxic water pollution in the country comes from coal plants, and the existing laws do not cover the worst of these pollutants. After thirty years of delay, the EPA will be able to stay on track and finally update these vital water pollution standards, saving American lives and preventing our children from getting sick."
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
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Labour Ditches Tory Plan to Oppose ICC Request for Netanyahu Arrest Warrant
Now the United Kingdom's government must "stop selling Israel weapons," said one observer.
Jul 26, 2024
The United Kingdom's newly elected Labour government abandoned plans by its Tory predecessor to challenge the International Criminal Court's May application for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
Under Conservative leadership, the U.K. joined the U.S., Germany, and other Israel allies in condemning the ICC prosecutor's application for arrest warrants against the top Israeli officials for alleged war crimes in Gaza, including "starvation of civilians as a method of warfare" and "extermination."
The ICC prosecutor also applied for arrest warrants against Hamas leaders over atrocities committed in Israel on October 7.
As The Financial Timesreported, U.K. Prime Minister Keir Starmer "had until Friday to decide whether to make legal arguments to support questions raised by the previous Conservative government over the ICC's jurisdiction to issue warrants against Netanyahu and his defense minister."
A spokesperson for the Labour government said it would "not be pursuing this in line with our long-standing position" that "it's a matter for the courts to decide."
"Well done to the millions of people across the country who have made it clear that they refuse to be complicit in war crimes."
Humanitarians applauded the government's decision. Rohan Talbot, director of advocacy and campaigns at Medical Aid for Palestinians, called Tory opposition to the proposed arrest warrants "a disgraceful attempt to delay justice."
"I hope the new government will now throw its full support behind the court and uphold any warrants issued," Talbot added.
Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, also welcomed the move and urged the government to "stop selling Israel weapons." Between October 7 and May 31, the U.K. government issued more than 100 arms export licenses to Israel, according to official figures reported by The Guardian.
Reutersreported earlier this week that in documents released Tuesday, "judges granted permission to 18 states including the U.S., Germany, and South Africa to file written submissions to the ICC about its proposed arrest warrants for Netanyahu, Gallant, and Hamas leaders.
"While there is no set deadline to rule on the prosecution request for arrest warrants," the news agency noted, "allowing dozens of legal arguments will slow the process by the three-judge panel deciding on the matter."
Former Labour Leader Jeremy Corbyn, who won reelection to his Islington North seat as an Independent following his expulsion from the Labour Party, called the Starmer government's decision to ditch the Tories' opposition to the ICC arrest warrant requests "an important first step in respecting the universal application of international law."
"Well done to the millions of people across the country who have made it clear that they refuse to be complicit in war crimes," Corbyn added. "We will continue to demand an end to the massacre in Gaza, an end to all arms sales to Israel, and an end to the occupation of Palestine."
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US Healthcare Workers Back From Gaza Tell Harris and Biden: 'End This Madness'
"Every day that we continue supplying weapons and munitions to Israel is another day that women are shredded by our bombs and children are murdered with our bullets."
Jul 26, 2024
As President Joe Biden and Vice President Kamala Harris met with Israeli Prime Minister Benjamin Netanyahu at the White House on Thursday, dozens of American healthcare workers who recently volunteered in the Gaza Strip urged the U.S. leaders to do everything in their power to end Israel's assault on the enclave, citing the horrors they witnessed firsthand.
In an open letter addressed to Biden, Harris, and First Lady Jill Biden, 45 physicians, surgeons, and nurses wrote that "we wish you could see the nightmares that plague so many of us since we have returned: dreams of children maimed and mutilated by our weapons, and their inconsolable mothers begging us to save them."
"We wish you could hear the cries and screams our consciences will not let us forget," the letter reads. "We cannot believe that anyone would continue arming the country that is deliberately killing these children after seeing what we have seen."
The healthcare workers called on the Biden administration to "withhold military, economic, and diplomatic support from the state of Israel and to participate in an international arms embargo of both Israel and all Palestinian armed groups until a permanent cease-fire is established, and until good-faith negotiations between Israel and the Palestinians lead to a permanent resolution of the conflict."
"We are not politicians. We do not claim to have all the answers," they continued. "We are simply physicians and nurses who cannot remain silent about what we saw in Gaza. Every day that we continue supplying weapons and munitions to Israel is another day that women are shredded by our bombs and children are murdered with our bullets. President Biden and Vice President Harris, we urge you: End this madness now!"
This is an open letter addressed to @POTUS, @VP , and @FLOTUS signed by 45 American physicians and nurses, about what we saw while working in Gaza. Please feel free to distribute. A PDF can be downloaded from the link and/or QR code on page 1. pic.twitter.com/LHVvmeAFad
— Feroze Sidhwa (@FerozeSidhwa) July 25, 2024
The letter was released as Netanyahu, fresh off his widely condemned address to the U.S. Congress, met separately on Thursday with Biden and Harris, the presumptive Democratic presidential nominee.
In remarks following her meeting with Netanyahu, Harris said that "what has happened in Gaza over the past nine months is devastating," pointing to "the images of dead children and desperate, hungry people fleeing for safety, sometimes displaced for the second, third, or fourth time."
"We cannot look away in the face of these tragedies," the vice president added. "We cannot allow ourselves to become numb to the suffering. And I will not be silent."
Harris said she told Netanyahu directly to "get this deal done"—referring to a cease-fire agreement with Hamas—but, as expected, she did not break with the administration on supplying arms to the Israeli military.
While there has been no obvious policy change from the administration now that Harris has taken over for Biden at the top of the Democratic Party's presidential ticket, Trita Parsi of the Quincy Institute for Responsible Statecraft argued that the vice president "clearly broke with Biden on Israel in terms of rhetoric and tone."
Parsi also contended that there was "a substance shift."
"Biden has disingenuously claimed that Hamas blocked a cease-fire deal," Parsi wrote on social media. "By saying that she urged Netanyahu 'to clinch the deal,' Kamala pointed to the real obstacle."
BREAKING: VP Harris speaks after meeting with Israeli PM Netanyahu
Harris calling for an immediate cease-fire deal to free the hostages.
The VP saying she “will not be silent" about the suffering in Gaza, the "devastating" loss of life and the "dire" humanitarian crisis. pic.twitter.com/Fe5QPoOuFh
— MSNBC (@MSNBC) July 25, 2024
In their letter to Harris and Biden, the healthcare workers wrote that Israel "has directly targeted and deliberately devastated Gaza's entire healthcare system" and "targeted our colleagues in Gaza for death, disappearance, and torture." According to figures from the United Nations Human Rights Office, Israeli forces have killed one in every 40 healthcare workers in the Palestinian territory since October as diseases spread and the number of Gazans killed or wounded continues to grow by the hour.
The healthcare workers expressed the view that—based on available evidence and their experiences—"the death toll from this conflictis many times higher than what is reported by the Gaza Ministry of Health," which currently stands at over 39,100.
"We also believe this is probative evidence of widespread violations of American laws governing the use of American weapons abroad, and of international humanitarian law," they continued. "We cannot forget the scenes of unbearable cruelty directed at women and children that we witnessed ourselves."
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'Tragic Outcome' for Gig Workers as California Supreme Court Hands Win to Uber, DoorDash
"Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers," the case plaintiff said.
Jul 25, 2024
Labor advocates on Thursday decried a ruling by the California Supreme Court upholding a lower court's affirmation of a state ballot measure allowing app-based ride and delivery companies to classify their drivers as independent contractors, limiting their worker rights.
The court's seven justices ruled unanimously in Castellanos v. State of California that Proposition 22, which was approved by 58% of California voters in 2020, complies with the state constitution. Prop 22—which was overturned in 2021 by an Alameda County Superior Court judge in 2021—was upheld in March 2023 by the state's 1st District Court of Appeals.
The business models of app-based companies including DoorDash, Instacart, Lyft, and Uber rely upon minimizing frontline worker compensation by categorizing drivers as independent contractors instead of employees. Independent contractors are not entitled to unemployment insurance, health insurance, or compensation for business expenses.
There are approximately 1.4 million app-based gig workers in California, according to industry estimates.
While DoorDash hailed Thursday's ruling as "not only a victory for Dashers, but also for democracy itself," gig worker advocates condemned the decision.
"Over the last three years, gig workers across California have experienced firsthand that Prop 22 is nothing more than a bait-and-switch meant to enrich global corporations at the expense of the Black, brown, and immigrant workers who power their earnings," plaintiff Hector Castellanos, who drives for Uber and Lyft, said in a statement.
"Prop 22 has allowed gig companies like Uber, Lyft, and DoorDash to deprive us of a living wage, access to workers compensation, paid sick leave, and meaningful healthcare coverage," Castellanos added. "Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers."
Lorena Gonzalez, president of the California Federation of Labor Unions, AFL-CIO, said that "we are deeply disappointed that the state Supreme Court has allowed tech corporations to buy their way out of basic labor laws despite Proposition 22's inconsistencies with our state constitution."
"These companies have upended our social contract, forcing workers and the public to take on the inherent risk created by this work, while they profit," she continued. "A.B. 5 granted virtually all California workers the right to be paid for all hours worked, health and safety standards, unemployment insurance, workers compensation, and the right to organize."
"Rideshare and delivery drivers deserve those rights as well," Gonzalez stressed.
The Gig Workers Rising campaign said on social media that "Uber and other app corporations spent $220 million to buy this law, and they did it by tricking Californians."
Prop 22's passage in November 2020 with nearly 59% of the vote was the culmination of what was by far the most expensive ballot measure in California history. App-based companies and their backers outspent labor and progressive groups by more than 10 to 1, with proponents pouring a staggering $204.5 million into the "yes" campaign's coffers against just $19 million for the "no" side.
"Voters were told the initiative would provide us with 'historic new benefits' and guaranteed earnings," said Gig Workers Rising. "But since it went into effect, drivers have seen our pay go down, learned the benefits are a sham, and have to accept unsafe rides because of the constant threat of being 'deactivated,' kicked off the app with little explanation or warning."
"If Uber really cared about good benefits and fair wages, it could make that happen tomorrow," the campaign added. "Instead, it has shown it would rather slash pay, bamboozle voters, and put drivers' lives and livelihoods in danger—all while promising $7 billion in stock buybacks to banks and billionaires."
Veena Dubal, a law professor at the University of California, Irvine who focuses on labor and inequality, toldCalMatters that Thursday's ruling was "a really tragic outcome," but "it's not the end of the road."
Dubal's sentiment was echoed by some California state legislators, who said the ruling presents an opportunity to act.
"While this decision is frustrating, it must also be motivating," said state Senate Labor Committee Chair Lola Smallwood-Cuevas (D-28). "I'm more determined than ever to ensure that all workers—including our diverse and Black, Indigenous, and people of color-led gig workforce—have the basic protections of workers compensation, paid sick leave, family leave, disability insurance, and the right to form a union."
Prop 22 has served as a template for lawmakers in other states seeking to deny or limit basic worker rights, benefits, and protections.
In Massachusetts, app-based companies have been fighting for years to get a measure to classify drivers as contractors on the state ballot. In 2022, Lyft made the largest political donation in state history—$14.4 million—to a coalition funding one such proposal.
Last month, Uber and Lyft reached an agreement with the office of Massachusetts Attorney General Andrea Campbell, a Democrat, to pay $175 million to settle a lawsuit filed in 2020. As part of the deal, the companies also agreed to increase driver pay and provide paid sick leave, accident insurance, and some health benefits. The agreement does not address how app-based gig workers should be classified.
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