September, 06 2022, 01:48pm EDT
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For Immediate Release
Contact:
Perry Wheeler, Earthjustice, 202-792-6211, pwheeler@earthjustice.org Â
Melissa Hornbein, Western Environmental Law Center, 406-471-3173, hornbein@westernlaw.org
Court Rejects Wyoming, Industry Challenge to Biden Administration Postponement of Oil, Gas Lease Sales
WASHINGTON
A federal judge in Wyoming affirmed the Biden administration's decisions to postpone oil and gas lease sales in early 2021, holding that the federal government has broad authority to postpone sales to address environmental concerns.
In his ruling Friday, U.S. District Judge Scott Skavdahl rejected arguments by industry and Wyoming and found that the Bureau of Land Management (BLM) acted within its legal authority under the Mineral Leasing Act, National Environmental Policy Act (NEPA), and other laws when it postponed lease sales to ensure that it fully considered the environmental harms they could cause. The court also held that industry and Wyoming lacked standing to challenge the postponement.
"We're pleased the Judge affirmed the Department of the Interior has significant discretion to decide when to offer public oil and gas resources at lease sales. The law requires Interior to serve the public interest by analyzing and considering the environmental and social costs of leasing before holding lease sales, and that's what they did," said Bob LeResche, Powder River Basin Resource Council board member from Clearmont, Wyoming. "Last year BLM initiated a comprehensive review of the federal oil and gas program, and this is the perfect time for the Department to complete their review and fully reform the federal oil and gas program to better protect taxpayers, communities, and the environment. We call on them to do so."
In early 2021, the Biden administration issued an executive order aimed at tackling the climate crisis, which directed the Department of the Interior to temporarily pause new oil and gas leasing on federal lands and offshore waters. The pause was meant to provide the federal government an opportunity to undertake a systematic review of its oil and gas program and consider how to address its climate impacts. Before the Interior Department could decide how to implement the executive order, it was targeted in five lawsuits filed by industry trade associations and Republican-led states.
Friday's ruling came in two of those lawsuits, brought by the state of Wyoming, Western Energy Alliance (WEA), and the Petroleum Association of Wyoming. Earthjustice and the Western Environmental Law Center (WELC) intervened on behalf of 21 groups to defend the lease sale postponements and leasing pause.
"This ruling is a victory for people who cherish public lands, and the communities whose livelihoods are intertwined with these special places," said Ben Tettlebaum, senior staff attorney with The Wilderness Society. "The court rightly affirmed that our public lands are not up for a fire sale to the fossil fuel industry whenever it chooses. The Interior Department has the clear authority to manage these lands for conservation, wildlife, and the health and well-being of communities who rely on them."
"We find it reassuring that the court affirmed the Bureau of Land Management's authority to postpone oil and gas lease sales in order to make certain they adhere to the law," said Melissa Hornbein, senior attorney at the Western Environmental Law Center. "The judge called out as nonsensical the state and industry group's argument that postponing a lease to ensure compliance with the National Environmental Policy Act (NEPA) requires a NEPA analysis of its own. This suggests any appeal of this decision will have an uphill battle in court."
The Wyoming ruling follows an August 18 ruling from the Western District of Louisiana that permanently blocked a blanket leasing pause in 13 states (not including Wyoming) that sued over the executive order in Louisiana District Court. The Louisiana ruling came one day after the 5th U.S. Circuit Court of Appeals overturned a preliminary injunction previously issued by the Louisiana court, finding that it lacked adequate "specificity." Similar to the Wyoming decision, however, the August 18 Louisiana ruling appears to permit the government to postpone sales based on National Environmental Policy Act (NEPA) and other concerns.
"Given the climate crisis and its superstorms, floods, fires, and droughts, it's essential that the President have the authority to control oil and gas leasing - or deny leasing - on mineral deposits owned by the American people," said Erik Molvar, executive director with Western Watersheds Project. "Friday's ruling puts the federal government back in the driver's seat for managing federal mineral deposits and paves the way for keeping oil and gas in the ground."
"BLM has never adequately considered the impacts of its fossil fuel leasing program on climate," said Peter Hart, attorney at Wilderness Workshop. "Courts across the country have found BLM's leasing decisions illegal based on this failure. This opinion confirms that BLM doesn't have to continue selling leases that don't comply with law. Instead, the agency should STOP and consider the real impacts of more leasing. After that, we may all agree: 'it isn't worth it!'"
"The climate induced disasters keep stacking up, from mega droughts and catastrophic floods to wildfires and unhealthy air. Business as usual is not working," said Anne Hedges, director of policy for the Montana Environmental Information Center. "The President simply must have the ability to take the time necessary to find a better path forward. People's lives, livelihoods and our public lands depend on getting this right. This pause is a small step in the right direction."
"The court reaffirmed the federal government's long-standing obligation to protect the environment and public interest, not just sell off lands when demanded by oil and gas companies," said Michael Freeman, senior attorney with Earthjustice's Rocky Mountain Office. "We hope the Biden administration will exercise that authority to limit new oil and gas leasing and avoid the worst impacts of the climate crisis."
"This welcome decision affirms that the Biden administration has wide latitude to rein in federal fossil fuels," said Taylor McKinnon with the Center for Biological Diversity. "Allowing any new fossil fuel projects, including oil and gas leasing, is incompatible with avoiding catastrophic climate change. The administration still has much work to do to bring federal fossil fuel production to a swift and orderly end."
"The law is clear, the oil and gas industry doesn't have a right to frack public lands," said Jeremy Nichols, WildEarth Guardians' Climate and Energy program director. "And given our climate crisis, it's more critical than ever to ensure the industry is not fracking public lands."
"This decision shows that the Department of Interior is not beholden to the fossil fuel industry, as many states and industry groups have alleged," said Adam Carlesco, staff attorney with Food & Water Watch. "Given this understanding of its legal authority, Interior must move towards a future where public lands are protected for a variety of uses - not simply used as sacrifice zones for a polluting industry that is exacerbating our climate crisis."
"This decision marks a step forward in ensuring our public lands are part of the climate solution, not the problem," said Dan Ritzman, director of the Sierra Club's Lands Water Wildlife Campaign. "At a time when we need to be rapidly transitioning away from dirty oil and gas to meet our climate commitments and avoid the worst of the climate crisis, the last thing we need is to sell off even more of our treasured public lands to the fossil fuel industry."
"The court's sensible decision is not only welcome, but necessary in the face of the climate crisis and ongoing environmental racism," said Hallie Templeton, legal director at Friends of the Earth. "The administration's hands were never tied, in part because bedrock environmental laws like the National Environmental Policy Act authorize the government to analyze and halt actions that pose serious harm, like more oil and gas development."
"This is a sensible decision which allows the federal government to take the steps needed to tackle the climate crisis," said Matt Kirby, senior energy director at the National Parks Conservation Association. "Climate change is an urgent threat to our planet and way of life and we need an administration able to take these bold steps in order to protect our national parks. We hope the administration will continue to strengthen its position and eventually end all new leasing on public lands."
Earthjustice and the Western Environmental Law Center represent a coalition of conservation and citizen groups in the Wyoming litigation. Earthjustice represents Conservation Colorado, Friends of the Earth, Great Old Broads for Wilderness, National Parks Conservation Association, Sierra Club, Southern Utah Wilderness Alliance, The Wilderness Society, Valley Organic Growers Association, Western Colorado Alliance, Western Watersheds Project, and Wilderness Workshop. The Western Environmental Law Center represents Center for Biological Diversity, Citizens for a Healthy Community, Dine Citizens Against Ruining Our Environment, Earthworks, Food & Water Watch, Indian People's Action, Montana Environmental Information Center, Powder River Basin Resource Council, Western Organization of Resource Councils, and WildEarth Guardians.
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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US Voter Registrations Surge as Republicans Try to Limit Ballot Access
One group said it has registered over 100,000 new voters since U.S. President Joe Biden dropped out of the 2024 race.
Jul 26, 2024
The group behind a popular get-out-the-vote technology platform said Friday that it's registered more than 100,000 new U.S. voters since President Joe Biden withdrew from the 2024 presidential race, a surge that came amid mounting Republican efforts to make it harder to register and vote.
Vote.org said that 84% of voters registered in the new wave are under age 35. Nearly 1 in 5 new registrees is 18 years old. Andrea Hailey, the group's CEO, said that "since 2020, we have led the largest voter registration drive in U.S. history," with more than 7.8 million people registered.
After dropping out, Biden endorsed Vice President Kamala Harris to face former Republican President Donald Trump and Sen. JD Vance (R-Ohio) in the November election. The new presumptive Democratic candidate has already earned endorsements from many Democrats in Congress and groups advocating on issues including climate, labor, and reproductive rights.
Vote.org's success comes as Republicans at the federal level are proposing and passing legislation creating obstacles to the ballot box.
Earlier this month, U.S. House Republicans passed Rep. Chip Roy's (R-Texas)
Safeguard American Voter Eligibility (SAVE) Act, which would require proof of American citizenship to vote in federal elections. Republicans claim the bill is meant to fix the virtually nonexistent "problem" of noncitizen voter fraud.
However, Rep. Summer Lee (D-Pa.)
slammed the bill as a "xenophobic attack" meant to silence "Black voices, brown voices, LBGTQIA+ voices, [and] young voices."
Lee said the SAVE Act underscores the need to pass her recently introduced Right to Vote Act, "which would establish the first-ever affirmative federal voting rights guarantee, ensuring every citizen may exercise their fundamental right to cast a ballot."
Earlier this year, U.S. Senate Democrats also reintroduced the John R. Lewis Voting Rights Advancement Act, legislation its sponsors say will "update and restore critical safeguards of the original Voting Rights Act."
Meanwhile, Republican-controlled state legislatures and red-state governors are enacting laws imposing tough restrictions on voter registration, with violations punishable by stiff fines that critics say are meant to dissuade people from registration drives and similar efforts.
Again under the guise of preventing fraud, Republican Florida Gov. Ron DeSantis last year signed legislation limiting voter registration drives, with fines of up to $250,000 for violators.
"These draconian laws and rules are like taking a sledgehammer to hit a flea," Cecile Scoon, an attorney and president of the Florida chapter of the League of Women Voters,
toldThe New York Times in an article published Friday.
Three years after Kansas passed a law making "false representation" of an election official a crime, campaigners say it's become extremely difficult to sign up new voters.
"In 2020, even with the pandemic, we had registered nearly 10,000 Kansans to vote. Now, we haven't been able to register anyone," Davis Hammet, president of the youth voter mobilization group Loud Light, told the Times.
In Louisiana, Republican state lawmakers quietly passed legislation making it easier for election officials to toss out absentee ballots with missing details, limiting how people can mail in other voters' ballots, and restricting the ability to assist people with disabilities with their ballots.
"What we've found is that these measures have a disproportionate impact on voters with disabilities, both Black and white," NAACP Legal Defense Fund senior policy counsel Jared Evans
toldNola.com earlier this week.
"It's clear that their goal is to make it harder to vote, harder for specific communities to vote especially," Evans added. "What they don't realize is that these laws hurt white voters, too."
In Nebraska, Republican Secretary of State Bob Evnen last week
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"We refuse to accept thousands of Nebraskans having their voting rights stripped away," ACLU of Nebraska legal and policy fellow Jane Seu said in a statement. "We are confident in the constitutionality of these laws, and we are exploring every option to ensure that Nebraskans who have done their time can vote."
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"You thought Project 2025 was just a threat after the election? It's actually happening *right now,*" said one climate campaigner.
Jul 26, 2024
Climate and environmental defenders on this week implored U.S. senators to block a permitting reform bill introduced this week by Sens. Joe Manchin and John Barrasso that campaigners linked to Project 2025, a conservative coalition's agenda for a far-right overhaul of the federal government.
Common Dreamsreported Monday that Manchin (I-W.Va.) and Barrasso (R-Wyo.)—respectively the chair and ranking member of the Senate Energy and Natural Resources Committee—introduced the Energy Permitting Reform Act of 2024.
The Natural Resources Defense Council (NRDC) noted that although the proposal "includes several positive reforms for the accelerated development of transmission projects," it also advocates "limiting opportunities for communities to challenge projects, loosening oversight for drilling and mining projects, extending drilling permits and fast-tracking [liquified natural gas] permits, and several other provisions friendly to fossil fuel giants."
"This dangerous bill doesn't deserve a floor vote."
These are nearly identical policies to what's proposed in Project 2025's Mandate for Leadership. The plan, which was spearheaded by the Heritage Foundation, calls for "unleashing all of America's energy resources," including by ending federal restrictions on fossil fuel drilling on public lands; limiting investments in renewable energy; and rolling back environmental permitting restrictions for new oil, gas, and coal projects, including power plants.
While Manchin has been trying—and failing—to pass fossil fuel-friendly permitting reform legislation for years, Brett Hartl, director of public affairs at the Center for Biological Diversity, said that his "Frankenstein legislation is taken straight from Project 2025, and it's the biggest giveaway in decades to the fossil fuel industry."
Hartl said the bill "deprives communities of the power to defend themselves and gives that power to Big Oil by making it harder for communities to challenge polluting projects in court," and "prioritizes the profits of coal barons over public health."
"And it mandates oil and gas extraction in our oceans," he continued. "The insignificant crumbs thrown at renewable energy do nothing to address the climate emergency."
"Monday was the hottest day in recorded history," Hartl noted. "It's shocking that as the climate emergency continues to break records around us, the Senate continues to fast-track the fossil fuel expansion that is killing us. This dangerous bill doesn't deserve a floor vote."
Hartl added that "to preserve a livable planet," Senate Majority Leader Chuck Schumer (D-N.Y.) "must squash this legislation now."
Manchin—who has said this will be his last term in office—has been a steadfast supporter of the fossil fuel industry, partly because his family owns a coal company. The senator says his permitting reform bill "will advance American energy once again to bring down prices, create domestic jobs, and allow us to continue in our role as a global energy leader."
However, Allie Rosenbluth, Oil Change International's U.S. manager, warned Thursday that "this bill is yet another dangerous attempt by Sen. Manchin to line the pockets of his fossil fuel donors, sacrificing communities and our climate along the way."
"Don't be fooled: The Energy Permitting Reform Act is another dirty deal to fast-track fossil fuels above all else," she continued. "It would unleash more drilling on federal lands and waters, unnecessarily rush the review of proposed oil and gas export projects, and lift the Biden administration's pause on new LNG exports."
"We urge Congress to reject this proposal and commit to action that protects frontline communities from the impacts of fossil fuel development and the climate crisis," Rosenbluth added.
"Don't be fooled: The Energy Permitting Reform Act is another dirty deal to fast-track fossil fuels above all else."
NRDC managing director of government affairs Alexandra Adams said Wednesday that "this bill is a giveaway for the oil and gas industry that will ramp up drilling and environmental destruction at a time when we need to be putting a hard stop to fossil fuels."
"We cannot afford to roll back so many of our bedrock environmental and community legal protections and offer a blank check to the oil and gas industry," she stressed. "We need new solutions for permitting if we are going to meet our clean energy potential and address the climate challenge. But this is not it."
"This bill would altogether be a leap backward on climate, health, and justice if passed into law," Adams added. "The Senate should reject it and look toward alternative solutions already being considered."
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Both parties in Sudan's civil war are to blame for a looming mass famine, experts say, and the military's blocking of U.N. aid at a border crossing with Chad exacerbates the problem.
Jul 26, 2024
Sudan's military is blocking United Nations aid trucks from entering at a key border crossing, causing severe disruptions in aid in a country that experts fear may be on the brink of one of the worst famines the world has seen in decades, The New York Timesreported Friday.
The border city of Adré in eastern Chad is the main international crossing into the Darfur region of Sudan, but the Sudanese Armed Forces (SAF), the state's official military, which is engaged in a civil war with a paramilitary group called the Rapid Support Forces (RSF), has refused to issue permits for U.N. trucks to enter there, as it's an RSF-controlled area.
U.S. and international officials have issued increasingly alarmed calls for steady aid access to help feed the millions of severely malnourished people in Darfur and other areas of Sudan.
Last week, Linda Thomas-Greenfield, the United States ambassador to the U.N., said that the SAF's obstruction of the border was "completely unacceptable."
Both warring parties in Sudan continue to perpetrate brazen atrocities, including starvation of civilians as a method of warfare. This piece focuses on the SAF's ongoing obstruction of essential aid. The situation is catastrophic. The policy is criminal. https://t.co/FKhqQh3EI9.
— Tom Dannenbaum (@tomdannenbaum) July 26, 2024
The Sudanese who've made it out of the country and into Adré reported dire and unsafe conditions in their home country.
"We had nothing to eat," Bahja Muhakar, a Sudenese mother of three, told the Times after she crossed into Chad, following a harrowing six-day journey from Al-Fashir, a major city in Darfur. She said the family often had to live off of one shared pancake per day.
Another mother, Dahabaya Ibet, said that her 20-month-old boy had to bear witness to his grandfather being shot and killed in front of his eyes when the family home in Darfur was attacked by gunmen late last year.
Now the mothers and their families are refugees in Adré, where 200,000 Sudanese are living in an overcrowded, under-resourced transit camp.
In addition to those that have made it out of the country, there are 11 million people internally displaced within Sudan, most of whom have become displaced since the civil war began in April 2023.
An unnamed senior American official told the Times that the looming famine in Sudan could be as bad as the 2011 famine in Somalia or even the great Ethiopian famine of the 1980s.
In April, Reutersreported that people in Sudan were eating soil and leaves to survive, and The Washington Postcalled it a nation in "chaos," reporting that World Food Program trucks had been "blocked, hijacked, attacked, looted, and detained."
In late June, a coalition of U.N. agencies, aid groups, and governments warned that 755,000 people in Sudan faced famine in the coming months.
The U.S. last week announced $203 million in additional aid to Sudan—part of a $2.1 billion pledge that world leaders made in April, which some countries have not yet delivered on.
Some officials including Thomas-Greenfield, who has dubbed the situation in Sudan "the worst humanitarian crisis in the world," have called for the U.N. Security Council to allow aid delivery into the country even in the absence of SAF approval; it's believed that Russia would veto such a measure.
Sudan's civil war has seen a great deal of international interference. Amnesty International on Thursday published an investigatory briefing showing that weapons from Russia, China, Serbia, Turkey, Yemen, and the United Arab Emirates (UAE) had been identified in the country. And The Guardian on Friday reported that the passports of Emirati citizens had been found among wreckage in Sudan, indicating the UAE may have troops or intelligence officers on the ground, though the UAE denied the accusation.
The International Service for Human Rights on Friday warned that both the SAF and RSF were engaged in wrongful killings and arrests, especially targeted at lawyers, doctors, and activists. The group called for an immediate cease-fire.
The SAF and Sudanese government figures have cast doubt on international experts' claims about famine in the country.
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