December, 14 2020, 11:00pm EDT
For Immediate Release
Contact:
Chad Nicholson, Community Environmental Legal Defense Fund, Pennsylvania Community Organizer, CELDF.orgchad@celdf.org, 207-541-3649
Gas Company Files Federal Lawsuit To Overturn Small Pennsylvania Township's Rights of Nature Law...Again
Suit comes weeks after a well failure by the company in the Township, and as industry ratchets up opposition to Rights of Nature nationwide.
WASHINGTON
Last Wednesday, Pennsylvania General Energy Company (PGE) sued Grant Township in federal court - for a second time - to overturn the community's law banning frack waste injection wells. The law, drafted with assistance from the Community Environmental Legal Defense Fund (CELDF), includes language recognizing the rights of local ecosystems and was democratically adopted by over 70% of Township voters in 2015. Injection wells threaten drinking water, cause earthquakes, and have been shut down in states such as Ohio and California. The PA Department of Environmental Protection (DEP) also sued Grant Township in 2017, making last week's filing the third lawsuit to be filed against the Township (pop. 700) for trying to protect its drinking water.
Jon Perry, Chairman of the Grant Township Board of Supervisors, said, "So here we go again. PGE throwing another lawsuit at us to try to bring us to heel, when our community has overwhelmingly said 'hell no' multiple times. PGE tried but couldn't sell this well during this time of economic ruin, and so instead has delivered our community a Christmas present that blames our valid local law for its problems and is suing us again."
In March 2020, the DEP cited the law as valid in a decision denying PGE a permit to inject waste. PGE is still appealing that decision, and its filings have revealed that the company has been trying to sell the well.
Meanwhile, less than two months ago, in October, a conventional gas well that PGE operates in the Township failed, and has now been shut down and plugged. Dozens of dump containers were filled with contaminated soil and hauled away. At no point did the DEP or PGE notify Grant Township officials of this. That site is less than a mile from the proposed injection well.
Chad Nicholson, CELDF organizer in Pennsylvania, said, "The fossil fuel industry is terrified the tactics taken in Grant Township are spreading. This community continues to act as a lighthouse in a raging storm made up of oil and gas corporations, state permitting agencies, and enabling courts that have crashed down on them for over five years. Yet they remain standing, protecting their own community. They serve as both a warning signal to other communities, as well as a beacon of hope and courage to those who wish to fight back. We at CELDF are proud to continue to stand with them in their fight to protect their water and their community."
PGE's actions come as the fossil fuel industry and sympathetic state legislators continue to ratchet up their opposition to Rights of Nature nationwide. On December 1, 2020, the American Petroleum Institute, perhaps the most influential fossil fuel lobby in the nation, filed a brief in opposition to a federal civil rights case brought by CELDF, in defense of local Ohio communities' right to vote on qualified Rights of Nature laws. Also on December 1, 2020, a bill (HB 54), to try to ban Rights of Nature in the courts, was introduced in the Missouri House of Representatives, continuing a national trend.
The Community Environmental Legal Defense Fund (CELDF) is helping build a decolonial movement for Community Rights and the Rights of Nature to advance democratic, economic, social, and environmental rights-building upward from the grassroots to the state, federal, and international levels.
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South Carolina Execution 'Assembly Line' Rolls On With Killing of Richard Moore
"The state is motivated to kill condemned people as quickly as possible, and they do that despite evidence that might change their minds," said one anti-death penalty campaigner.
Nov 01, 2024
Despite pleas from his sentencing judge, jurors in his trial, and the former head of the state Department of Corrections, South Carolina executed Richard Moore by lethal injection Friday evening after Republican Gov. Henry McMaster and the U.S. Supreme Court declined to intervene in the latest in a series of state-sanctioned killings.
The Charleston Post and Courierreported that Moore was pronounced dead at 6:24 pm local time, 21 minutes after the lethal injection was administered.
"Tonight, the state of South Carolina needlessly took the life of Richard Moore—a loving father and grandfather, a loyal friend, and a devoted follower of Christ," the criminal justice reform group Justice 360 said in a statement. "He was not a danger to anyone, and the state eliminated a glowing example of reform and rehabilitation."
Moore, 59, was convicted of the 1999 murder of convenience store clerk James Mahoney. Moore—who was unarmed when he entered the store—argued that he shot Mahoney in self-defense after the clerk pulled out a gun during an argument over correct change. An all-white jury found Moore guilty of murder and armed robbery.
"This is definitely part of my life I wish I could change. I took a life. I took someone's life. I broke the family of the deceased," Moore said in a video accompanying his clemency petition. "I pray for the forgiveness of that particular family."
Death penalty opponents said Moore's case underscores capital punishment's literally fatal flaws.
"Richard Moore's case, like those of so many others on death row, was tainted with racial bias, including as the two prospective Black jurors were peremptorily dismissed, resulting in an all-white jury," Amnesty International USA researcher Justin Mazzola said in a statement after the execution.
"In addition to the racial bias, the crime that Moore committed was not premeditated, which raised serious concerns as to whether it rose to the level for which the death penalty is reserved in U.S. constitutional law," Mazzola added. "It's shameful that racial bias and lack of premeditation were not enough to convince Gov. McMaster to grant clemency to Richard Moore. Gov. McMaster could have used his clemency power instead of overseeing yet another execution in his state."
Moore was initially forced to choose whether he would be killed by electric chair or firing squad following the 2021 passage by South Carolina's Republican-led Legislature of a new capital punishment law amid a shortage of the lethal injection drug pentobarbital. Moore chose the firing squad.
In 2022, the South Carolina Supreme Court temporarily stayed Moore's execution. He subsequently changed his choice of execution method after the state restocked pentobarbital.
Advocates for Moore pointed to his flawless prison behavior and mentorship to other inmates. Among those urging clemency for Moore were Retired Circuit Court Judge Gary Clary, who sentenced Moore to die.
"Over the years I have studied the case of each person who resides on death row in South Carolina," Clary wrote to McMaster on Tuesday. "Richard Bernard Moore's case is unique, and after years of thought and reflection, I humbly ask that you grant executive clemency to Mr. Moore as an act of grace and mercy."
Jon Ozmint, director of the South Carolina Department of Corrections (SCDC) from 2003 to 2011, wrote, that that Moore "has proven himself to be a reliable, consistent force for good on death row."
However, McMaster informed SCDC Director Bryan Stirling Friday that he had "carefully reviewed and thoroughly considered" Moore's application and "declined to grant executive clemency in this matter."
Moore is the second person executed in South Carolina since it resumed executions. In September, the state killed 46-year-old Freddie Owens. Four more South Carolina death row inmates have exhausted their appeals. They are likely to be executed in the coming months.
"It's like an assembly line," Paul Bowers of the ACLU of South Carolina toldThe Guardian. "The state is motivated to kill condemned people as quickly as possible, and they do that despite evidence that might change their minds."
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'BIG Victory for PA Voters': US Supreme Court Denies GOP Bid to Block Thousands of Ballots
"This is a win for democracy and the rule of law," said one ACLU attorney. "The bottom line is that voters deserve to have their voices heard."
Nov 01, 2024
After allowing Virginia Republicans' voter registration purge earlier this week, the U.S. Supreme Court on Friday rejected a GOP effort to block thousands of ballots for the November 5 election from being counted in the key swing state of Pennsylvania.
Democratic elections lawyer and Democracy Docket founder Mark Elias called the decision "a BIG victory for PA voters."
The ACLU, the group's Pennsylvania branch, and the Public Interest Law Center were all involved in the legal battle and similarly celebrated the high court's decision.
"This is a win for democracy and the rule of law," declared Ari Savitzky, senior staff attorney at the ACLU's Voting Rights Project. The court rightly rejected this eleventh-hour attempt to discount the votes of Pennsylvanians and interfere in the state's electoral process. The bottom line is that voters deserve to have their voices heard."
"A petty error that is irrelevant to a person's eligibility to vote should never interfere with the counting of ballots."
Witold Walczak, legal director of the ACLU of Pennsylvania, stressed that "a petty error that is irrelevant to a person's eligibility to vote should never interfere with the counting of ballots, and provisional ballots are a decades-old fail-safe, a backup, for voters."
Public Interest Law Center senior attorney Ben Geffen called the decision "a step toward a more inclusive election process that respects the rights of all Pennsylvanians."
The case began with the mail-in ballots of two Butler County residents. Justices on the nation's top tribunal upheld the Pennsylvania Supreme Court's recent ruling that commonwealth voters who had mailed ballots disqualified for failing to return them in the required secrecy envelope still have a right to vote by provisional ballot.
The Associated Presspointed out that "as of Thursday, about 9,000 ballots out of more than 1.6 million returned have arrived at elections offices around Pennsylvania lacking a secrecy envelope, a signature, or a date, according to state records."
As the AP reported:
The ruling comes as voters had their last chance Friday to apply for a mail-in ballot in a bellwether suburban Philadelphia county while a county clear across the state gave voters who didn't receive their ballot in the mail another chance to get one.
A judge in Erie County, in Pennsylvania's northwestern corner, ruled Friday in a lawsuit brought by the Democratic Party that about 15,000 people who applied for a mail ballot but didn't receive it may go to the county elections office and get a replacement through Monday.
There were no dissents in Friday's decision, though Justice Samuel Alito wrote in a brief statement joined by fellow right-wingers Clarence Thomas and Neil Gorsuch that "the application of the state Supreme Court's interpretation in the upcoming election is a matter of considerable importance."
While voting rights advocates celebrated, NBC Newshighlighted that "the Supreme Court action does not definitively resolve the legal issue, which could yet return to the justices... More litigation is possible in the coming days."
The Republican National Committee and the Republican Party of Pennsylvania had asked the justices to block the state court's ruling—a request that, as SCOTUSblognoted, "came just eight days before Election Day, with Pennsylvania expected to play a key role in the 2024 presidential race."
Former Republican President Donald Trump is battling Democratic Vice President Kamala Harris for the White House. There is also a key U.S. Senate contest underway in Pennsylvania: Democratic Sen. Bob Casey versus Republican Dave McCormick.
Critics of Trump and his allies are already warning that he may deny the election results if he loses next week, as he did in 2020, even inciting the January 6, 2021 insurrection at the U.S. Capitol as Congress certified President Joe Biden's victory. Trump is running for president despite facing state and criminal charges stemming from his "Big Lie" about the last cycle.
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Humanitarian Group Leaders Say Israel Causing 'Apocalyptic' Situation in Northern Gaza
"The entire Palestinian population in north Gaza is at imminent risk of dying from disease, famine, and violence."
Nov 01, 2024
The heads of 15 humanitarian organizations operating under the United Nations umbrella on Friday accused Israel of creating "apocalyptic" conditions in northern Gaza and called on Israeli forces to stop attacking the Palestinian enclave and the aid workers trying to help its people.
"The situation unfolding in North Gaza is apocalyptic. The area has been under siege for almost a month, denied basic aid and lifesaving supplies while bombardment and other attacks continue," the 15 group heads wrote in an open letter. "Just in the past few days, hundreds of Palestinians have been killed, most of them women and children, and thousands have once again been forcibly displaced."
The letter's 15 signers include directors of the Inter-Agency Standing Committee, a forum of United Nations and non-U.N. humanitarian partners, including the International Council of Volunteer Agencies.
"Hospitals have been almost entirely cut off from supplies and have come under attack, killing patients, destroying vital equipment, and disrupting lifesaving services," the group leaders wrote. "Health workers and patients have been taken into custody. Fighting has also reportedly taken place inside hospitals."
"Dozens of schools serving as shelters have been bombed or forcibly evacuated. Tents sheltering displaced families have been shelled, and people have been burned alive," the letter continues. "Rescue teams have been deliberately attacked and thwarted in their attempts to pull people buried under the rubble of their homes."
The signers wrote that "we have received reports of civilians being targeted while trying to seek safety," and that "the entire Palestinian population in north Gaza is at imminent risk of dying from disease, famine, and violence."
The letter warns: "Humanitarian aid cannot keep up with the scale of the needs due to the access constraints. Basic lifesaving goods are not available. Humanitarians are not safe to do their work and are blocked by Israeli forces and by insecurity from reaching people in need."
"In a further blow to the humanitarian response, the polio vaccination campaign has been delayed due to the fighting, putting the lives of children in the region at risk," the signers added.
The humanitarian leaders lamented this week's approval by Israeli lawmakers of a pair of bills targeting the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
"If implemented, such measures would be a catastrophe for the humanitarian response in Gaza, diametrically opposed to the United Nations Charter, with potential dire impacts on the human rights of the millions of Palestinians depending on UNRWA's assistance, and in violation of Israel's obligations under international law," the letter states. "Let us be very clear: There is no alternative to UNRWA."
The humanitarian leaders then turned their attention to the International Court of Justice (ICJ) genocide case against Israel led by South Africa and backed by around 30 nations and regional blocs. Israeli forces have been accused of flouting ICJ orders that the country prevent genocidal acts in Gaza, allow humanitarian aid into the strip, and stop the assault on Rafah.
"Israel must comply with the provisional orders and determinations of the International Court of Justice," they asserted.
Since October 2023, Israel's assault on Gaza has left more than 155,000 Palestinians dead, wounded, or missing, and millions more displaced, starving, or sick. The Israel Defense Forces' renewed offensive in northern Gaza has killed or injured thousands of Palestinians since last month amid fears Israel is implementing the so-called "General's Plan" to starve and then ethnically cleanse northern Gaza to make way for Israeli recolonization, a policy promoted by senior members of Israel's far-right government.
The humanitarian leaders' letter also states that "Hamas and other Palestinian armed groups must release the hostages immediately and unconditionally and must abide by international humanitarian law."
"The entire region is on the edge of a precipice," the signers concluded. "An immediate cessation of hostilities and a sustained, unconditional cease-fire are long overdue."
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