February, 03 2022, 01:39pm EDT
![Center for Biological Diversity](https://assets.rbl.ms/32012680/origin.jpg)
For Immediate Release
Contact:
Morgan Caplan, Sierra Club, (443) 986-1221, Morgan.Caplan@sierraclub.org
Molly Moore, Appalachian Voices, (847) 401-3633, molly@appvoices.org
Jared Margolis, Center for Biological Diversity, (802) 310-4054, jmargolis@biologicaldiversity.
Federal Court Invalidates Another Key Permit in Endangered Species Act Case, Casting Serious Doubt on Future of Mountain Valley Pipeline
WASHINGTON
The U.S. Court of Appeals for the 4th Circuit today invalidated the biological opinion and incidental take statement issued by the U.S. Fish and Wildlife Service under the Endangered Species Act for the Mountain Valley Pipeline.
The court found that the agency failed to adequately analyze the project's environmental context when assessing the detrimental impacts to the Roanoke logperch and the candy darter, a species on the brink of extinction. The court's decision means that construction should not move forward along the 304-mile pipeline route.
The decision is the latest setback for the Mountain Valley Pipeline after another recent decision from the 4th Circuit invalidated approvals by the U.S. Forest Service and Bureau of Land Management for construction through Jefferson National Forest. The project continues to face several legal battles and is more than three years behind schedule, barely half complete and billions over budget.
The pipeline has been required to pay millions of dollars in fines for more than 350 water quality-related violations in Virginia and West Virginia and has disturbed and destroyed important habitat, adversely affecting local wildlife. Today's decision should stop the pipeline's onslaught against one of the largest remaining wild landscapes in the eastern United States.
"Three more key federal agencies have been sent back to the drawing board after failing to analyze MVP's harmful impacts," said Kelly Sheehan, Sierra Club senior director of energy campaigns. "The previous administration's rushed, shoddy permitting put the entire project in question. Now the Biden administration must fulfill the commitments it has made on climate and environmental justice by taking a meaningful, thorough review of this project and its permitting. When they do, they will see the science is clear: MVP is not compatible with a healthy planet and livable communities. MVP must not move forward."
"Sacred life prevailed today with the court's acknowledgement of the harmful impact MVP has on everything in its path, specifically endangered and threatened species," said Russell Chisholm, co-chair of the Protect Our Water, Heritage, Rights (POWHR) Coalition. "Holding MVP accountable to the law is key to the ultimate cancellation of this noxious fracked gas pipeline. This decision not only protects the candy darter and other endangered species, it sets us on course to stop MVP, decisively transition away from deadly fossil fuels, and reroute towards a renewable economy on a livable planet."
"MVP's dangerous pipeline project has already destroyed and degraded the habitat of endangered species along its route, in addition to the threat it poses to clean air, water, and our communities," said Sierra Club Senior Attorney Elly Benson. "We have seen its harmful effects on the region's forests and streams as MVP has put profits before people and wildlife. Today's decision underscores that the Fish and Wildlife Service can't minimize MVP's impacts on vulnerable species like the Roanoke logperch and candy darter that are already facing numerous other serious threats, including climate change."
"At a time when we need to urgently move away from fracked-gas pipelines and all the harms they bring -- from impacts to endangered species to damage to water quality to climate change -- the law and science prevailed in this case," said Anne Havemann, general counsel of the Chesapeake Climate Action Network.
"Today's is a sweetly welcome decision in our fight to stop the ravage of MVP," said Roberta Bondurant of Preserve Bent Mountain, a local member group of the POWHR Coalition. "The Bent Mountain community together with our allies, have fought relentlessly, and at unspeakable costs, to protect forest, meadow and waters of our venerable Appalachians. This is a banner day for Planet Earth -- the Swomee Swan soars, the Humming Fish jumps, and the Truffula Tree breathes a grateful sigh of relief."
"Once again, the courts have found that federal regulators weren't following the laws passed by Congress to protect the public and our environment," said Peter Anderson, Virginia policy director for Appalachian Voices. "Communities in this region rely on its rich biodiversity to support many recreational and economic opportunities. We take seriously our laws protecting habitat and ecological function, even if Mountain Valley Pipeline does not."
"Again, the agencies that should be guardians of our most precious resources and the public interest failed us," said David Sligh, conservation director at Wild Virginia. "But today is a victory for sensitive and valuable species, which have already been harmed by MVP's pollution. This decision again reinforces the truth that this destructive project must not be allowed to continue. The company needs to face that fact now and should be forced to help heal the wounds it has inflicted."
"This is an incredible victory," said Jared Margolis, a senior attorney at the Center for Biological Diversity. "The Mountain Valley Pipeline is a fossil fuel nightmare that threatens the essential habitat of imperiled wildlife. These projects lock us into an unsustainable spiral of climate change that inflict incredible damage to vulnerable species. That cycle must end."
"Enough is enough," said Cindy Rank of WV Highlands Conservancy. "This is just one more example of how wrong this pipeline is, how much it harms the earth and the critters that make our world a treasure to be protected from unwise developments like MVP."
Today's announcement is a result of a case argued by the Sierra Club on behalf of a coalition of conservation organizations, including Wild Virginia, Appalachian Voices, Chesapeake Climate Action Network, Defenders of Wildlife, West Virginia Rivers Coalition, Preserve Giles County, Preserve Bent Mountain, West Virginia Highlands Conservancy, Indian Creek Watershed Association and the Center for Biological Diversity. Appalachian Mountain Advocates also represented the petitioners.
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
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'Corporate Greed': Biden, Sanders Tell Big Pharma to Stop 'Ripping Off' Americans
Past administrations "have been intimidated and deterred from challenging Big Pharma's monopoly power," an expert said. "Today, however, President Biden and Sen. Bernie Sanders call Big Pharma's bullying bluff."
Jul 02, 2024
President Joe Biden and Sen. Bernie Sanders on Tuesday called for prescription drug companies to lower prices and stop "ripping off" Americans.
The message from Biden and Sanders (I-Vt.) came in a joint op-ed in USA Today in which they laid out the reforms they've already pushed through, called out two pharmaceutical companies in particular for the "unconscionably" high prices they charge to Americans, and vowed to take governmental action to end the "corporate greed."
"There is no rational reason why Americans, for decades, have been forced to pay, by far, the highest prices in the world for the prescription drugs they need," Biden and Sanders wrote. "There is no rational reason why, for decades, 1 out of 4 Americans have been unable to afford the medicine their doctors prescribe.
"And it is most certainly not Americans' patriotic duty to pay high drug prices at home so others abroad can enjoy the fair prices that every American is entitled to," they added.
Consumer rights groups celebrated the strong position that the president and the senator took.
"For decades, presidential administrations on a bipartisan basis have been intimidated and deterred from challenging Big Pharma's monopoly power," Robert Weissman, president of Public Citizen, an advocacy group, said in a statement. "Today, however, President Biden and Sen. Bernie Sanders call Big Pharma's bullying bluff."
Pharmaceutical companies can make whatever excuses they want for their sky-high drug prices — we know it’s bullshit. And Biden and Bernie just called them on it.
If Big Pharma won’t quell its own greed, it’s up to the government to do it for them.https://t.co/YiodsDIoQI
— Public Citizen (@Public_Citizen) July 2, 2024
Some progress has been made on prescription drug prices in the last four years, Biden and Sanders noted in their op-ed.
The Inflation Reduction Act, which they helped enact, established a price ceiling of $35 per month for insulin for senior citizens. And, starting in 2025, no senior citizen will have to pay more than $2,000 in prescription drug prices in a given year—a reform Biden and Sanders said they'd like to see apply to all Americans. Medicare can now also negotiate with pharmaceutical companies to lower prices, as other countries do.
Yet the problem of high drug prices remains, and Sanders has made solving it a priority, focusing on it as chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee. Last year, he wrote an op-ed in Fox News, calling the opposition to pharmaceutical company profiteering an issue on which Americans of all political stripes "could not be more united." He also released a report showing that medications made using publicly funded research were then being priced exorbitantly by private firms.
The Vermont Independent has also repeatedly grilled pharmaceutical executives in hearings over the last two years, but they have generally not committed to lowering prices, though some companies did institute caps on out-of-pocket expenses on inhalers.
In April, Sanders and Biden teamed up for an event at the White House to discuss the need to lower prescription drug prices.
"I'm proud that my administration is taking on Big Pharma in the most significant ways ever," Biden said at the event. "And I wouldn't have done it without Bernie... Bernie was the one who was leading the way for decades."
Tuesday's op-ed marks the continuation of their partnership on the issue, with Biden effectively endorsing Sanders' drug pricing agenda, particularly for obesity and diabetes medications. HELP launched an investigation into Novo Nordisk's pricing of Ozempic and Wegovy in April, and the Danish multinational was the primary example of wrongdoing chosen by Biden and Sanders in their op-ed.
Ozempic and Wegovy are up to six times more expensive in the U.S. than in peer countries, Biden and Sanders wrote.
"In 2023, for example, Novo Nordisk made over $12 billion in profits, in part by charging Americans over $1,000 a month for a prescription drug that can be profitably manufactured for less than $5. That is not making a reasonable return on investment. That is price gouging. That is corporate greed."
Sanders recently succeeded in pressuring Novo Nordisk CEO Lars Fruergaard Jørgensen to agree to testify in front of HELP in September.
Biden and Sanders noted that even just within obesity and diabetes care, the problem goes beyond Novo Nordisk: Eli Lilly's Mounjaro, a comparable weight-loss drug, is also overpriced. They argued that if the prices of such drugs are not lowered, they could bankrupt the U.S. healthcare system.
Biden then repeated the message through his own channels.
"If Big Pharma refuses to lower prescription drug prices and end their greed, we will do everything within our power to end it for them," Biden wrote on social media following the publication of the op-ed. "Bernie Sanders and I will not rest until every American can afford the prescriptions they need to lead healthy, happy, and productive lives."
Though the timing may be incidental, Biden's cooperation with Sanders, a leading progressive, comes during a week in which he needs to rally his base—a task Sanders is known to excel at. Biden faces widespread pressure to step aside from the presidential race following a subpar debate performance on Thursday night.
While progressives have been sharply critical of Biden on a range of issues, it's not clear whether his potential replacements at the top of the Democratic ticket would be so willing to team up with Sanders and call out corporate greed.
"Bernie Sanders and Joe Biden just co-authored a piece laying into big pharmaceutical companies for overcharging Americans on obesity drugs," Matt Stoller, a progressive commentator and research director of the American Economic Liberties Project, wrote on social media. "I realize Biden is senile, but would his replacements do anything like this? Most wouldn't."
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'Too Much Is At Stake': First House Democrat Calls On Biden to Step Aside
"President Biden saved our democracy by delivering us from Trump in 2021," said Rep. Lloyd Doggett. "He must not deliver us to Trump in 2024."
Jul 02, 2024
Crediting U.S. President Joe Biden with spearheading "transformational" changes since taking office three-and-a-half years ago, Rep. Lloyd Doggett on Tuesday became the first federal lawmaker to call on the president to withdraw from the 2024 electoral race, warning that a potential victory by former President Donald Trump would "usher America into a long, dark, authoritarian era."
With just four months until Election Day, and weeks until the Democratic Party formally nominates its presidential candidate, Doggett (D-Texas) said in a statement that the party's "overriding consideration must be who has the best hope of saving our democracy from an authoritarian takeover by a criminal and his gang."
Doggett spoke out five days after Biden faced Trump in the first debate of the presidential campaign and alarmed viewers, Democratic strategists, and aides with his performance. The president, speaking in a raspy voice and appearing to lose his train of thought several times, struggled to make the case for his achievements and to call out Trump's repeated lies.
The debate reportedly sent a wave of panic through the Democratic Caucus, with one party insider telling Politico that names of potential replacements for Biden were being floated.
In his statement, Doggett noted that Biden's poll numbers compared to Trump's were cause for concern for several months before the debate.
"Too much is at stake to risk a Trump victory—too great a risk to assume that what could not be turned around in a year, what could not be turned around in the debate, can be turned around now," said Doggett. "President Biden saved our democracy by delivering us from Trump in 2021. He must not deliver us to Trump in 2024."
Doggett's comments came as CNN released a poll showing that Trump is leading Biden by 49% v. 43%, while his lead over Vice President Kamala Harris in a potential matchup is smaller. Trump leads the vice president by two points.
Among Independent voters, Harris has a three-point edge over the former president, while Trump leads Biden by 10 points.
A separate poll released Tuesday by the progressive grassroots group Our Revolution showed that 67% of respondents supported Biden suspending his reelection campaign.
Doggett noted that the days following the debate have made increasingly clear the danger of a potential second Trump term, as the U.S. Supreme Court on Monday ruled that Trump has "absolute immunity" regarding "official acts" he committed while he was in office—casting doubt on whether he can be held accountable for trying to overturn the 2020 presidential election results and rendering any U.S. president, as Justice Sonia Sotomayor said, "a king above the law."
"Newly empowered with immunity," said Doggett, Trump would be "unchecked by either the courts or a submissive Republican Congress."
The congressman noted that while Biden has spearheaded some far-reaching legislative reforms, the president signaled earlier in his term that he planned to serve only one term.
"He has the opportunity to encourage a new generation of leaders from whom a nominee can be chosen to unite our country through an open, democratic process," said Doggett. "Recognizing that, unlike Trump, his first commitment has always been to our country, not himself, I am hopeful that he will make the painful and difficult decision to withdraw. I respectfully call on him to do so."
Doggett told Matthew Choi of The Texas Tribune that he had notified the White House of his decision to speak out in favor of Biden stepping aside last Friday, the day after the debate.
"After the debate, the risk of a Trump presidency has grown so much that I felt forced to take this action," Doggett said.
Another survey released Tuesday by Puck News showed alternative candidates including Harris, Transportation Secretary Pete Buttigieg, California Gov. Gavin Newsom, and Michigan Gov. Gretchen Whitmer polling ahead of Biden in a potential matchup with Trump.
In light of the the new polling numbers, said former Rhode Island lawmaker and lawyer Aaron Regunberg, Democratic leaders who are "trying to shut down this debate are actively helping Trump."
Regunberg called Doggett's statement "courageous."
"Biden cannot beat Trump," he said. "But another Democrat absolutely can! Whether it's a handoff to VP Harris or an open convention, we don't have to resign ourselves to fascism. It's time for Biden to do the honorable thing and pass the torch."
Also on Tuesday, longtime Democratic National Committee (DNC) member James Zogby wrote to Chairman Jamie Harrison outlining a process through which the party could select its presidential nominee over the next month, ahead of the Democratic National Convention.
Potential candidates could work to secure the endorsements of at least 40 current DNC members and the party could then host two televised events in which the candidates would "make their cases before Democratic voters across the country" before the formal nomination process at the convention starting August 19.
"The excitement generated by this process and the attention it will be given will be a plus for our eventual nominee," said Zogby.
In an interview with The Nation national affairs correspondent John Nichols, Zogby concurred with Doggett's suggestion that Biden's ability to continue serving as president is not what has caused growing concern.
"The focus of this election shouldn't be on the president's age, on his capacity to campaign, on his capacity to govern," said Zogby, founder of the Arab American Institute. "It should be on the danger that Donald Trump presents to the country, on the threat that Donald Trump poses."
"We have to face reality here," he said. "Do I think that Joe Biden is capable of governing? I would say 'yes.' Is he capable of forming a team that can govern? Yes. But can he win an election under these circumstances, when these questions about his abilities will be the constant focus? When the Republicans and the media are looking for the next gaffe, waiting for the next time he forgets something, watching his every step to see if he will stumble? This is not what the election should focus on. And, yet, that's where it's headed."
"I would trust Joe Biden on his worst day more than Donald Trump on his best day. But I don't want his last campaign to be one where all people talk about are his weaknesses," Zogby added. "To go out as the gracious warrior, who fought the great battle to defeat Donald Trump in 2020, served four years and then decided to pass the torch, would absolutely solidify his place in history as somebody who thought more about the good of the country than himself."
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'Screaming the Quiet Part': Trump Advisers Say He's Ready to Embrace King-Like Powers
The U.S. Supreme Court's immunity decision has reportedly emboldened the presumptive GOP nominee to pursue his far-right agenda and authoritarian aims "without fear of punishment or restraint."
Jul 02, 2024
Presumptive Republican nominee Donald Trump—who has pledged to be a dictator on "day one" if elected to another four years in the White House—is reportedly preparing to exploit the U.S. Supreme Court's ruling Monday that current and former presidents are entitled to sweeping immunity from criminal prosecution.
Citing unnamed advisers to the former president, Axiosreported Tuesday that if Trump is reelected in November, he "plans to immediately test the boundaries of presidential and governing power, knowing the restraints of Congress and the courts are dramatically looser than during his first term."
"They're screaming the quiet part, and yet Democrats are mostly focused on renominating a sundowning 81-year-old losing to him in key swing state polls," The Lever's David Sirota wrote in response to Axios' reporting, referring to President Joe Biden.
Facing mounting calls to drop his reelection campaign following his disastrous debate performance against Trump last week, Biden said in an address following the Supreme Court's decision in Trump v. United States that the ruling means "there are virtually no limits on what a president can do."
"I know I will respect the limits of the presidential power, as I have for three and a half years," said Biden. "But any president, including Donald Trump, will now be free to ignore the law."
Among the steps Trump—who celebrated the ruling—intends to take swiftly upon assuming office following a possible November victory, according to Axios, are setting up "vast camps" to "deport millions of people," moving to "fire potentially tens of thousands of civil servants" and replace them with "pre-vetted loyalists," and centralizing "power over the Justice Department," which the former president has repeatedly threatened to wield against his political opponents.
Trump has also pledged to gut environmental rules—which the Supreme Court also targeted in recent rulings—and ram through climate-wrecking drilling projects, moves backed by the powerful oil and gas industry that's helping finance his campaign.
"Thanks to Monday's Supreme Court ruling, Trump could pursue his plans without fear of punishment or restraint," Axios reported.
“It's coming, fast and furious, if he's elected.”
Being a dictator on Day One. Swapping civil servants for “pre-vetted loyalists.” Threatening to “target and even imprison critics.” Pardoning insurrectionists. Jacking up prices with new tariffs. And more: https://t.co/sEiORyvMOt
— Elizabeth Warren (@ewarren) July 2, 2024
While Trump made his support for such actions clear well before the U.S. Supreme Court's Monday ruling, the decision is likely to embolden the twice-impeached former president who, since leaving office, has been indicted by a federal grand jury on election-subversion charges and convicted of 34 felony counts of falsifying business records.
The high court's ideologically divided 6-3 decision in the immunity case has already impacted both legal proceedings, with Manhattan prosecutors agreeing Tuesday with the former president's request to delay his criminal sentencing on the 34 felony charges as the judge on the case examines whether the Supreme Court's ruling has any bearing on the conviction.
In the separate election-subversion case, the Supreme Court's ruling further pushes back a trial as the judge now has to determine which of the actions described in the indictment qualify as "official" duties that—according to the high court's right-wing supermajority—are entitled to "absolute immunity" from criminal prosecution.
"So, yes, all this will delay Trump's trial. In that sense, he gets what he craved," Michael Waldman, president and CEO of the Brennan Center for Justice, wrote Monday. "But the implications are far worse for the structure of American self-government."
"We read sonorous language in the majority opinion that 'the president is not above the law,'" Waldman added. "But just in time for Independence Day, the Supreme Court brings us closer to having a king again."
"The Framers of the Constitution, wary of reestablishing the monarchy they overthrew, carefully limited the chief executive's powers. And six justices just crowned him king."
Liberal Justice Sonia Sotomayor wrote in her dissent against Monday's decision that the Supreme Court's majority has effectively endorsed assassinations of political rivals, orchestration of a military coup to remain in power, and the acceptance of bribes in exchange for pardons as legitimate and unprosecutable uses of presidential authority.
"The relationship between the president and the people he serves has shifted irrevocably," Sotomayor wrote. "In every use of official power, the president is now a king above the law."
Slate legal journalist Mark Joseph Stern echoed Sotomayor, writing that "it is unclear, after Monday's decision, what constitutional checks remain to stop any president from assuming dangerous and monarchical powers that are anathema to representative government."
"The immediate impact of the court's sweeping decision will be devastating enough, allowing Donald Trump to evade accountability for the most destructive and criminal efforts he took to overturn the 2020 election. But the long-term impact is even more harrowing," Stern wrote. "All future presidents will enter office with the knowledge that they are protected from prosecution for even the most appalling and dangerous abuses of power so long as they insist they were seeking to carry out their duties, as they understood them."
"The Framers of the Constitution, wary of reestablishing the monarchy they overthrew, carefully limited the chief executive's powers," he added. "And six justices just crowned him king."
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