July, 13 2020, 12:00am EDT
For Immediate Release
Contact:
Andrew Hawley, Western Environmental Law Center, hawley@westernlaw.org
Amy Kober, American Rivers, akober@americanrivers.org
Bob Nasdor, American Whitewater, bob@americanwhitewater.org
Nic Nelson, Idaho Rivers United, nic@idahorivers.org
Walter “Redgie” Collins, California Trout, rcollins@caltrout.org
Outdoor Recreation and Conservation Advocates Challenge EPA Rule Granting Industry Priority Over State, Public in Clean Water Decisions
Citing breathtaking levels of overreach, conservation, fishing, and paddling advocates today filed a complaint in federal court challenging the Environmental Protection Agency's (EPA)
SEATTLE
Citing breathtaking levels of overreach, conservation, fishing, and paddling advocates today filed a complaint in federal court challenging the Environmental Protection Agency's (EPA) final rule effectively sidelining the role the states and the public have long played in permitting decisions affecting clean water.
"With this rule change, the Trump administration has given corporations the green light to run roughshod over local communities, and has proven it is more interested in corporate rights than states' rights," said Andrew Hawley, attorney at the Western Environmental Law Center. "The judicial branch must intervene to preserve some semblance of balance in our nation. What an opportunity for the courts here: To stop this flagrant overreach steamrolling states and Tribes while preserving an essential public health and clean water protection."
The new rule guts the Clean Water Act's Section 401 provisions, which for nearly 50 years have provided for states' and authorized Tribes' self-determination in permitting for a wide array of projects requiring federal approval within their borders. The rule also suppresses state and Tribal public participation processes that moor U.S. water policy in the harbor of democracy.
"Now is not the time to be rolling back protections for our rivers and clean water," said Chris Williams, senior vice president for conservation at American Rivers. "We need to be doing more, not less, to ensure healthy rivers can provide clean drinking water and support strong communities and local economies. The Trump administration's unlawful new 401 rules abandon the Clean Water Act's commitment to providing a voice for Tribes, states, and communities in how their rivers and streams are protected and managed, allowing potentially harmful projects to escape critical local review. We must protect the rights of states and Tribes to defend clean water safeguards."
"The rule changes will have a long-term and devastating effect on California's ability to manage its clean water resources," said Redgie Collins, staff attorney at California Trout. "Unless changed, this gives hydroelectric dam operators the ability to skirt State Water Board regulations that protect the health, safety, and welfare of all Californians."
This rule change is separate from rollbacks to the Waters of the U.S. Rule (WOTUS), which eliminates protections for many waterbodies throughout the country, but represents an equally dangerous threat to clean water and public health nationwide: Section 401 applies broadly to any proposed federally licensed or permitted activity that may result in a discharge into any waterway that is covered under the law. Projects that may be approved against states' and Tribes' wishes include pipelines, hydropower, industrial plants, municipal facilities, and wetland development.
Working in combination, the Section 401 and WOTUS rollbacks will make it virtually impossible for states, Tribes, and communities to stand in opposition to projects that will pollute and harm their rivers, streams, lakes, and wetlands.
Further, the new rule limits the information on proposed projects that may be made available to the states, Tribes, and the public.
"These new regulations are a brazen attack on the Clean Water Act with the goal of undermining the public's ability to protect our rivers from harmful impacts of federally-licensed energy projects on the environment and outdoor recreation," said Bob Nasdor, American Whitewater legal director. "Rather than protecting and restoring our rivers, these rules will weaken water quality by limiting the information, time for review, and ability of the states to require that projects meet state standards."
"Under the cover of COVID-19, the Trump administration has again stripped one of our bedrock environmental laws and is giving extractive and polluting industries the power to dictate their own pollutant levels in our rivers, lakes, and wetlands, all in the name of profit," said Nic Nelson of Idaho Rivers United. "By effectively silencing public review and participation processes for these projects, they will have equally degraded our basic rights of democracy."
The new rule, finalized without Congressional input, directly overturns Congress' intent to integrate state and federal authority for permitting decisions affecting state waterways.
Letters (public comments) from states, Tribes, and organizations opposing Section 401 rollbacks:
Opposition Letter: State of South Dakota (scathing)
October 21, 2019
https://pdfhost.io/v/v.mLY3z2d_20191021South_Dakota_CWA_401_commentspdf.pdf
Opposition Letter: State of Arkansas
October 21, 2019
https://pdfhost.io/v/5RTbsrt8~_AR_401_Commentspdf.pdf
Opposition Letter: State of California
October 21, 2019
https://pdfhost.io/v/F1zojtGKa_20191021_Ltr_to_A_Wheeler_re_SWRCB
Opposition Letter: Confederated Tribes and Bands of the Yakama Nation
October 21, 2019
https://pdfhost.io/v/FoaQ2zvAh_20191021Yakama_Nation_Section_401_Commentspdf.pdf
Opposition Letter: Inter Tribal Association of Arizona
October 21, 2019
https://pdfhost.io/v/.jk5nJ1oK_InterTribal_Assn_of_AZ_401_Commentspdf.pdf
Opposition Letter: State of Idaho
October 21, 2019
https://pdfhost.io/v/kZlX31CB7_ID_401_Commentspdf.pdf
Opposition Letter: State of Louisiana
October 19, 2019
https://pdfhost.io/v/F52ivsrg._LA_401_Commentspdf.pdf
Opposition Letter: Menominee Indian Tribe of Wisconsin
October 22, 2019
https://pdfhost.io/v/UTuKpy6FF_Menominee_Tribe_401_Commentspdf.pdf
Opposition Letter: State of Montana
October 17, 2019
https://pdfhost.io/v/SnoPVhxYj_MT_401_rule_Commentspdf.pdf
Opposition Letter: State of Nevada
October 17, 2019
https://pdfhost.io/v/0BeC6MkzI_NV_401_Rule_Commentspdf.pdf
Opposition Letter: State of New York
October 21, 2019
https://pdfhost.io/v/c0.jrsYs~_NY_401_Commentspdf.pdf
Opposition Letter: State of Pennsylvania
October 21, 2019
https://pdfhost.io/v/Q9h7qFprp_PA_Comments_on_401_rulepdf.pdf
Opposition Letter: Seattle City Light
October 21, 2019
https://pdfhost.io/v/XDTlaYaTh_Seattle_City_Light_401_Commentspdf.pdf
Opposition Letter: Skokomish Indian Tribe
October 20, 2019
https://pdfhost.io/v/NKCE.ps4l_20191020Skokomish_Tribe_Section_401_Commentspdf.pdf
Opposition Letter: Standing Rock Sioux
October 21, 2019
https://pdfhost.io/v/67Ar2EyV8_Standing_Rock_Sioux_401_Commentspdf.pdf
Opposition Letter: State of Tennessee
October 21, 2019
https://pdfhost.io/v/e7PdQltny_TN_401_Commentspdf.pdf
Opposition Letter: State of Texas
October, 2019
https://pdfhost.io/v/SS5mPC48m_TX_401_commentspdf.pdf
Opposition Letter: Twenty-Nine Palms Band of Mission Indians
October 14, 2019
https://pdfhost.io/v/hiNTrBCKr_Twenty_Nine_Palms_Band_401_Commentspdf.pdf
Opposition Letter: State of Washington
May 24, 2019
https://pdfhost.io/v/21GYgD4xa_WA_401_Commentspdf.pdf
Opposition Letter: National Governors' Association
October 18, 2019
https://www.nga.org/policy-communications/letters-nga/natural-resources-committee/
Opposition Letter: Western Governors' Association, National Conference of State Legislatures, National Association of Counties, National League of Cities, U.S. Conference of Mayors, Council of State Governments, Western Interstate Region, Association of Clean Water Administrators, Association of State Floodplain Managers, Association of State Wetland Managers, Western States Water Council
October 16, 2019
https://www.ncsl.org/Portals/1/Documents/standcomm/scnri/EPA_NPRM_CWA_401_Comments_FINAL.pdf?ver=2019-10-17-150909-880×tamp=1571346568787
Opposition Letter: Earthjustice, Sierra Club, and 31 other organizations
October 21, 2019
https://www.sierraclub.org/sites/www.sierraclub.org/files
Opposition Letter: Sens. Carper, Duckworth, and Booker
October 21, 2019
Opposition Letter: Southern Environmental Law Center
October 21, 2019
Opposition Letter: Rep. Peter DeFazio
July 29, 2019
https://transportation.house.gov/imo/media/doc/2019-7-29%20PAD_LTR%20to%20EPA%20re%20401Certification.pdf
The Western Environmental Law Center uses the power of the law to safeguard the public lands, wildlife, and communities of the American West in the face of a changing climate. We envision a thriving, resilient West, abundant with protected public lands and wildlife, powered by clean energy, and defended by communities rooted in an ethic of conservation.
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Elon Musk's X Suspends Journalist Ken Klippenstein for Publishing JD Vance Dossier
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X—the social media platform formerly known as Twitter—suspended Ken Klippenstein's account Thursday after the investigative journalist posted an article containing a link to dossier on Republican U.S. vice presidential candidate JD Vance that allegedly came from an Iranian hack of former President Donald Trump's 2024 campaign.
Klippenstein, who formerly worked at The Intercept, said on his paid Substack Thursday that his X account was suspended for violating the platform's ban on posting private information.
"I know that it is general practice to delete 'private' information from leaks and classified documents, but in this case, not only is Vance an elected official and vice presidential candidate, but the information is readily available for anyone to buy," he wrote. Vance is also the junior U.S. senator from Ohio.
Klippenstein continued:
We should be honest about so-called private information contained in the dossier and "private" information in general. It is readily available to anyone who can buy it. The campaign purchased this information from commercial information brokers. Those dealers make huge profits from selling this data. And the media knows it, because they buy the data for reporting purposes, just like the campaign. They don't like to mention that though.
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An X spokesperson toldZeteo's Justin Baragona that "Ken Klippenstein was temporarily suspended for violating our rules on posting unredacted private personal information, specifically Sen. Vance's physical addresses and the majority of his Social Security number."
The Federal Bureau of Investigation is investigating the Trump campaign's claim of an Iranian hack. Iran's government denies any such action.
Numerous observers accused Musk—a self-described "free speech absolutist"—of hypocrisy over X's suspension of Klippenstein's account, although it is not known if the billionaire owner had any role in the decision. Other users also reported punitive action against their accounts over the dossier post.
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Jacobin writer Branko Marcetic posted that "this scenario is actually a good preview of the future none of us want, but that we're heading to currently: A major story breaks, establishment press refuses to cover it, and the indy media that does is throttled by tech censors."
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Federal Emergency Management Agency Director Deanne Criswell said during a White House briefing that forecasts suggest Helene will make a "dead-on hit to Tallahassee" and "this is going to be a multistate event with the potential for significant impacts from Florida all the way to Tennessee."
Although this Atlantic hurricane season hasn't yet been as intense as U.S. scientists expected, trends in extreme weather disasters have led some insurance companies to exit the Florida market in recent years. Farmers Insurance announced last year that it would stop covering property in the state, in an effort to "effectively manage risk exposure."
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According toThe Palm Beach Post, the global reinsurance broker Gallagher Re said in a Wednesday analysis that "landfall in the Big Bend or Panhandle region of Florida as a major hurricane (Category 3, 4, or 5) has historically translated to insured losses in the low single-digit billions."
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Florida isn't the only state facing insurance trouble thanks to climate chaos. Voxreported last year that "insuring property in California has been a dicey proposition," pointing to torrential rainfall that "caused as much as $1.5 billion in insured losses" and "the costliest wildfires in U.S. history, including the 2018 Camp Fire, which led to more than $10 billion in losses."
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Former Republican New York City Mayor Rudy Giuliani can no longer practice law in the nation's capital after a federal appeals court on Thursday concurred with a disciplinary committee's recommendation for permanent disbarment over his efforts to "undermine the results of the 2020 presidential election" in service of then-President Donald Trump's "Big Lie."
In a one-page ruling, the Washington, D.C. Court of Appeals permanently revoked Giuliani's law license, finding that the former federal prosecutor and personal attorney for Trump failed to explain why he should not be subject to reciprocal punishment after the New York Supreme Court's Appellate Division disbarred him in July for lying about the 2020 election.
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Giuliani is also facing criminal charges related to alleged election subversion in Arizona and Georgia. He filed for Chapter 11 bankruptcy last December following a $148 million defamation judgment for falsely accusing two former Georgia election workers of engaging in a nonexistent conspiracy to "steal" the 2020 election.
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