August, 22 2018, 12:00am EDT
Victory! Court Rejects Trump Administration's Claim that Organic Animal Standards Withdrawal Cannot be Challenged
Case challenging withdrawal of organic animal welfare regulations moves forward
WASHINGTON
Yesterday, the federal court for the Northern District of California issued a decision concluding that Center for Food Safety's (CFS's) legal challenge to the U.S. Department of Agriculture's (USDA's) withdrawal of organic animal welfare provisions could proceed.
"We are very gratified that the Court agrees we can challenge the unlawful withdrawal of these hard-won animal care protections in organic production," said George Kimbrell, CFS legal director and counsel in the case. "The Trump administration unlawfully reversed 28 years of well-settled organic law and policy. We look forward to protecting the public's right to a meaningful organic seal."
In March, seven nonprofit organizations, led by CFS, sued the Trump administration's USDA and Secretary Sonny Perdue, challenging its decision to withdraw the organic standards for animals on certified organic farms, called the "Organic Livestock and Poultry Practices" rule. The regulation, finalized by the Obama USDA in early 2017, strengthened the requirements for the care and well-being of animals on organic farms. Most notably, it ensured adequate space and outdoor access for organic poultry by establishing clear and enforceable minimum spacing requirements and specifying the quality of outdoor space that must be provided. The regulation was the culmination of over a decade of work by organic stakeholders and the National Organic Standards Board (NOSB). The Trump administration delayed the final rule's effective date three times, and then formally withdrew it.
The Court's decision rejected arguments from USDA that the nonprofits did not have legal standing to challenge the withdrawal decision. The Court held that the withdrawal of the rule that set organic animal welfare standards injures the organizations' members because it "undermines the organic label" for consumers.
"The National Organic Coalition is thrilled to see our legal challenge move forward," said Abby Youngblood, executive director at the National Organic Coalition. "The Organic Livestock and Poultry Practices rule represents more than a decade of work to clarify and improve animal welfare standards in organic and has the support of thousands of stakeholders, including farmers, consumer advocacy groups, and other members of the organic industry. With this decision comes the recognition that USDA has long exercised its authority under OFPA to implement regulations regarding the care of organic livestock."
In the withdrawal decision, USDA claimed the rules could not be issued because it lacked authority to regulate practices such as animal space and preventative livestock health care, a complete reversal of the legal and policy positions USDA has held since the beginning of a federal organic standard, and what organic consumers and farmers expect. Trump's USDA also claimed that the regulations would be costly, despite USDA's own economic analysis finding only minor costs, and refused to involve its expert body, NOSB, in its withdrawal decision, for the first time ever. In yesterday's decision, after finding standing for the plaintiffs, the Court also dismissed two of the claims brought, but gave the Plaintiffs leave to amend one of them, having to do with USDA's failure to involve NOSB. Two other claims, regarding the USDA's two main rationales for the withdrawal described above, were unchallenged by the motion and will also go forward.
CFS, as well as tens of thousands of organic consumers and farmers, expressed nearly unanimous opposition to the proposed rule withdrawal in January. A 2018 survey by Consumers Union found that 9 out of 10 respondents who regularly buy organic foods believe that it is very or extremely important that organic animals come from farms with high standards for welfare practices.
"USDA's attempt to strip improved animal welfare requirements out of the organic standards defies common sense and decency," said Peter Brandt, managing attorney for farm animal litigation at the Humane Society of the United States. "The agency's callous disregard for animal welfare may also seriously hurt organic farmers when consumers discover they are not getting the humane care they expect from an organic product."
Represented by CFS legal counsel, the plaintiffs are Center for Food Safety, Center for Environmental Health (CEH), Cultivate Oregon, International Center for Technology Assessment, the National Organic Coalition, the Humane Society of the United States, and the Animal Legal Defense Fund. In 2016, CFS and CEH successfully sued over a USDA loophole that would have allowed pesticide-contaminated compost in organic production, a case relied upon by the Court in yesterday's decision.
Center for Food Safety's mission is to empower people, support farmers, and protect the earth from the harmful impacts of industrial agriculture. Through groundbreaking legal, scientific, and grassroots action, we protect and promote your right to safe food and the environment. CFS's successful legal cases collectively represent a landmark body of case law on food and agricultural issues.
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'Terrifying' Ad Shows Deadly Impact of GOP Abortion Bans
The ad was released as Americans learn of a growing number of women who have died because doctors would not provide standard miscarriage and abortion care under state abortion bans.
Nov 03, 2024
"Dr. Davis, what do I do?" asks a man frantically, kneeling near his partner as she writhes in pain on the floor.
"John, she needs an abortion, or she's going to die from the pregnancy," answers the doctor over the phone.
But a Republican congressman suddenly appears and tells the man, "That's not happening," explaining that abortion care is now banned because the GOP is in control of the government.
The scenario plays out in the latest ad from Progress Action Fund, a Democratic political action committee that's produced a number of viral videos focusing on how Republican presidential candidate Donald Trump's policies and those outlined in the right-wing agenda Project 2025 would impact both men and women's ability to make private decisions.
In the ad, the Republican lawmaker tells the man, "I won the last election, so it's my decision" whether the woman is able to receive the standard care needed to end her pregnancy.
"Don't worry, you can still have children," he tells the man. "Just not with her."
Watch:
The ad went viral on social media late Saturday, the day after ProPublica reported on Nevaeh Crain, an 18-year-old in Texas who died last year at six months pregnant, when she was diagnosed with sepsis—a fast-moving and potentially deadly condition that can result from an infection.
Because of Texas' six-week abortion ban, which threatens doctors with prison time if they terminate a pregnancy before a fetal heartbeat has stopped, Crain made three emergency room visits and was required to have multiple ultrasounds as she became increasingly ill. By the time doctors confirmed "fetal demise," Crain's organs had begun failing. She died hours later.
The investigative outlet has also reported on the deaths of another woman in Texas—Josseli Barnica—and two women in Georgia, Amber Nicole Thurman and Candi Miller—from state abortion bans since Roe v. Wade was overturned in 2022.
"This is a healthcare crisis and Donald Trump is the architect of this crisis," said Vice President Kamala Harris, the Democratic presidential nominee, after the two Georgia women's deaths came to light in September.
Abortion bans and restrictions like those in Texas now exist in 21 states. Both Trump and his running mate, Sen. JD Vance (R-Ohio) have expressed support for a nationwide ban on abortion care—a position from which they have both attempted to distance themselves as polls have increasingly shown a majority of voters support access to abortion care.
Other viral ads by Progress Action Fund have been more risqué and have even used absurdist humor to warn voters about Project 2025's proposal to ban pornography and emergency contraception.
With two days to go until Election Day, the "terrifying but important" ad released Saturday shows that "MAGA abortion bans are killing our wives, mothers, sisters, and daughters," said nonprofit progressive advocacy group DemCast.
"They're willing to risk your wife's heartbeat," said Eleven Films, a progressive film production company. "Are you?"
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'Unacceptable,' Advocates Say as COP16 Ends Without Biodiversity Fund Deal
"Biodiversity finance remains stalled after a deafening absence of credible finance pledges from wealthy governments and unprecedented corporate lobbying," said one campaigner.
Nov 02, 2024
Officials at the international biodiversity conference that began in October were forced on Saturday to suspend talks without reaching an agreement on a key issue of the summit—a detailed finance plan for a dedicated biodiversity fund—after the meeting went into overtime and delegates began leaving.
The failure to reach an agreement on biodiversity finance was denounced by the head of environmental group Greenpeace's delegation at the 16th Conference of Parties (COP16) to the United Nations Convention on Biological Diversity (CBD), which took place over two weeks in Cali, Colombia.
"Governments in Cali put forward plans to protect nature but were unable to mobilize the money to actually do it," said An Lambrechts. "Biodiversity finance remains stalled after a deafening absence of credible finance pledges from wealthy governments and unprecedented corporate lobbying... Closing the finance gap was not merely some moral obligation but necessary to the protection of people and nature that grows more urgent each day."
Lambrechts added that with international leaders now preparing to attend the 2024 U.N. Climate Change Conference, or COP29, in Baku, Azerbaijan this month, "the non-decision on a fund damages trust between Global South and North countries."
The conference was aimed at ramping up progress toward meeting goals set by the Kunming-Montreal Global Biodiversity Framework in Canada in 2022. That framework calls for the protection of 30% of land and sea areas and the restoration of 30% of degraded ecosystems by 2030.
In Canada, delegations also agreed to phase out subsidies that are harmful to nature and to provide $200 billion per year for the protection of biodiversity by 2030, including $30 billion per year that would be transferred from rich to poor countries. A larger goal of ultimately generating $700 billion to protect nature was also part of the agreement.
About $15 billion was transferred in 2022, according to the Organization for Economic Cooperation and Development (OECD), and nations have pledged about $400 million to a Global Biodiversity Framework Fund.
But in Cali in recent days, Colombian environment minister Susana Muhamad offered a draft proposal for the establishment of a dedicated biodiversity fund—a priority for developing nations at the conference—only to have delegations including those from the European Union, Switzerland, and Japan reject the proposal.
"Two years ago, we made a commitment to do better and be better," said Jiwoh Abdulai, minister of environment and climate change for Sierra Leone. "This COP has neither delivered that additional funding nor given us confidence that governments will work together to deliver it in a transparent and urgent manner."
The Forests & Finance Coalition—which includes Amazon Watch, Rainforest Action Network (RAN), and Friends of the Earth U.S., among others—called the result of finance discussions at the meeting "disappointing."
"This latest development makes it all the more critical that banks and investors are stopped from financing destructive sectors that continue to drive nature loss and human rights abuses," said Tom Picken, RAN's forests and finance director.
Lambrechts acknowledged that "big pharma and big agribusiness failed to block a game-changing deal on corporate responsibility to pay up for nature protections."
COP16 delegates devised a plan to create a fund that would share the profits generated from digitally sequenced genetic data taken from plants and animals with the communities—mostly in the Global South—that the species come from.
Companies that make money from cosmetics, medicines, and other products that use digitally sequenced genetic data would pay into the fund, but the final agreement made participation voluntary, saying only that companies "should" contribute.
Indigenous delegates celebrated the creation of a permanent body within the CBD to represent the interests of Indigenous groups—a "historic victory," according to Leila Salazar-López, executive director of the nonprofit Amazon Watch.
A work plan was approved by the convention to expand the role of Indigenous people, local communities, and Afro-descendant people in the protection of biodiversity.
"Thanks to this new body and work plan approval, future COPs will work, amongst many other important issues, on land tenure, traditional knowledge and governance by Indigenous Peoples," said Isaac Rojas, forests and biodiversity coordinator for Friends of the Earth International (FOE). "It's a milestone in the struggle of Indigenous peoples for their rights. We congratulate them and share their joy following this win. But we have to remain vigilant, because these achievements may turn out to be empty words in view of the push for several false solutions."
FOE warned that false solutions, particularly biodiversity offsetting, were pushed heavily by corporations at the conference.
Corporate interests called for biodiversity credits—"tradeable assets intended to represent 'measurable outcomes'—such as protecting or restoring certain species or ecosystems, or parts of them," according to FOE. "Similar to carbon credits, they allow corporations to buy and sell these, to meet regulations or voluntary sustainability claims."
Nele Marien, forests and biodiversity co-coordinator for FOE, said Saturday that "corporations were here pushing very hard for all kinds of false solutions, for example on biodiversity offsetting, which had a lot of traction."
"They argue that they can keep pushing into new territories, and destroying these ecosystems, promising that they will compensate for this," said Marien. "This is simply impossible, because we don't have space in the world to compensate for these losses. Biodiversity offsetting is a mechanism that further perpetuates destruction, undermines human rights, and damages environmental justice."
A spokesperson for the CBD, David Ainsworth, told reporters that the conference would resume at a later date.
Estefania Gonzalez, deputy campaign director for Greenpeace Andino, said delegates were "able to take advantage of COP16 to bring much of the priority agenda of the Global South to the center of the negotiations, fighting to the last minute to reach agreements on financing."
But she added that "the resource mobilization committed by developed countries must be fulfilled immediately without further excuses."
"It is unacceptable that rich countries, besides failing to meet the $20 billion commitment," she said, "were unwilling to seek consensus on one of the most crucial issues: financing."
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Johnson Attempts Damage Control After Saying GOP, Trump Would Repeal Job-Creating CHIPS Act
"The Republican Speaker of the House just told the tens of thousands of construction workers building New York and America's future they want to send them pink slips ASAP," said Senate Majority Leader Chuck Schumer.
Nov 02, 2024
On MSNBC Friday night, U.S. Rep. Alexandria Ocasio-Cortez issued an unexpected "thank you" to House Speaker Mike Johnson—expressing appreciation for his admission that the GOP will try to repeal the CHIPS and Science Act, which has created more than 115,000 manufacturing jobs, if the party wins control of Congress and the White House.
"What I would like to thank Speaker Johnson for is his honesty and his forthrightness about what they plan to do with a Republican majority in the House of Representatives," said Ocasio-Cortez (D-N.Y.). "You heard it straight from the horse's mouth and we'll see exactly what happens if we allow a Republican majority in the House and a Donald Trump presidency."
The congresswoman was referring to an interview by Luke Radel, a student journalist at Syracuse University, who asked Johnson (R-La.) about Trump's recent comments that the CHIPS and Science Act is "so bad."
"You voted against it," said Radel. "If you have a Republican majority in Congress and Trump in the White House, will you guys try to repeal that law?"
"I expect that we probably will, but we haven't developed that part of the agenda yet," said Johnson before attempting to pivot to talking about Rep. Brandon Williams, a Republican who represents New York's 22nd District, where a $100 billion Micron Technology chipmaking facility has benefited from the CHIPS and Science Act.
"The Republican Speaker of the House just told the tens of thousands of construction workers building New York and America's future they want to send them pink slips ASAP," said Senate Majority Leader Chuck Schumer (D-N.Y.).
The exchange grew increasingly awkward as Radel asked Williams whether he would vote to repeal the legislation, signed by President Joe Biden in 2022, that Micron has said will create 50,000 semiconductor manufacturing jobs in the Syracuse area.
"No, obviously, the CHIPS Act is hugely impactful here, and my job is to keep lobbying on my side," said Williams. "I will remind [Johnson] night and day how important the CHIPS Act is and that we… break ground on Micron."
Speaking with anchor Chris Hayes on MSNBC, Ocasio-Cortez said the CHIPS Act "is not a remote and faraway thing for workers" in Upstate New York, Michigan, Arizona, and other states where jobs have been created by the legislation.
For thousands of workers, the law represents "the jobs and especially the union jobs that result and are created, that people can actually take and will help them put food on the table without having to work triple or double overtime in order to accomplish that," said Ocasio-Cortez. "People in Buffalo, people in Upstate New York, people in Michigan, they hear about the plant that they work at."
The International Brotherhood of Electrical Workers (IBEW) echoed the congresswoman's sentiment, saying Johnson's plan to repeal the CHIPS Act would impact "tens of thousands of IBEW jobs created by this administration."
"We are NOT going back," said the union.
Johnson's remark got the attention of other politicians whose states have benefited from the law, including Sen. Mark Kelly (D-Ariz.), Rep. Jasmine Crockett (D-Texas), and Michigan Gov. Gretchen Whitmer.
Less than two weeks ago, Whitmer announced that through the CHIPS Act, the Biden administration had provided $325 million in direct funding to Michigan manufacturer Hemlock Semiconductor, allowing it to create over 1,000 good-paying construction jobs to build a new facility as well as 180 permanent manufacturing jobs.
"Mike Johnson's asinine admission that he would repeal the CHIPS Act if Republicans and Trump win the election is a complete disaster for thousands of Michigan workers relying on the jobs that this legislation provides," said the Democratic governor. "Make no mistake, a repeal of the CHIPS Act would kill thousands of good-paying manufacturing jobs right here in Michigan."
Johnson attempted to do damage control, saying he had "misheard the question," but Radel noted that he was standing close to the House speaker when he asked about the CHIPS Act and others commented that the word "repeal" was said clearly. Williams and Johnson also tried to backtrack during their exchange with the student journalist, saying they aimed only to reform the law—but as Radel noted, the former president has made clear he opposes the CHIPS Act.
Vice President Kamala Harris' Democratic presidential campaign said Johnson's threat to repeal the CHIPS Act is the latest of several recent questionable "promises" made by Trump and his surrogates in the last days before the election.
"Mike Johnson wants to lose Arizona, Georgia, Michigan, and North Carolina jobs," said James Singer, a rapid response adviser to Harris, posting an image showing where the CHIPS Act has created semiconductor manufacturing jobs.
Johnson's comments came as Ocasio-Cortez, United Auto Workers president Shawn Fain, Rep. Rashida Tlaib (D-Mich.), and others were rallying Michigan UAW members at a labor-focused get-out-the-vote event in Detroit.
"I do not see elections as an endpoint," Ocasio-Cortez told UAW members at the rally. "They are a waypoint... Because the larger task that we have today is organizing a mass movement of labor in the United States of America. We have a generational task ahead of us, and electing Kamala Harris is an opening silo to the movement that we are about to embark upon."
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