December, 30 2022, 02:47pm EDT
![Earthjustice](https://assets.rbl.ms/32012672/origin.jpg)
For Immediate Release
Contact:
Erin Fitzgerald, efitzgerald@earthjustice.org, (215) 671- 6529
EPA Finalizes Rule Protecting 'Waters of the United States'
Supreme Court overreach may weaken EPA's science-based rule
Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers issued a final rule identifying waters protected under the Clean Water Act. The rule defines the term “waters of the United States”—sometimes referred to as “WOTUS”— and tracks the agencies’ longstanding approach for protecting our nation’s waters. The rule is based on an extensive scientific record, including hundreds of studies highlighting the ways waters affect each other and thus must be protected.
EPA’s revised definition comes after Earthjustice filed two lawsuits on behalf of tribes and environmental organizations to challenge Trump’s Navigable Waters Protection Rule, which stripped protections from a large percentage of our nation’s waterways. In August 2021, an Arizona court ruled in favor of Earthjustice and our clients in one of those cases, held that the Trump rule violated federal laws, and vacated it because of its potential to cause significant harm to the nation’s waters. The Biden Administration committed to a new rulemaking process, which led to the rule finalized today.
“This rule tracks the familiar framework that the agencies have applied for decades to protect our Nation’s waters,” said Stuart Gillespie, senior attorney with Earthjustice. “The agencies grounded their approach in the scientific record, which underscores the many waters are connected and thus must be protected to safeguard downstream communities and the environment. The rule also resoundingly rejects the Trump-era approach, which unlawfully and unscientifically rolled back Clean Water Act longstanding protections.”
However, the Supreme Court is considering a case in which it might rewrite the legal principles that serve as the foundation of this new rule. After EPA and the Corps initially proposed this rule, the Court decided to hear the case of Sackett v. EPA, in which the plaintiffs are challenging the applicability of the Clean Water Act to thousands of wetlands. The Court’s move, and the views expressed by some Justices at oral argument, raise further concerns about the Court’s willingness to disregard traditional principles of judicial restraint in service of a deregulatory, pro-industry, and anti-environment agenda. The extensive scientific record that accompanies this new rule highlights the scale and complexity of the technical issues that agencies must consider in implementing the Clean Water Act, and further illustrates why the Court should tread cautiously when considering major changes to the law in this area.
When Congress enacted the Clean Water Act in 1972, lawmakers gave EPA and the Army Corps the authority and responsibility to protect all the “waters of the United States,” and to restore and maintain the chemical, physical, and biological integrity of our waters. The Supreme Court’s decision to take up the Sackett case before the agencies finalized this rule raises questions about its agenda and threatens to undercut protections for our nation’s waters even as this rule seeks to strengthen them. We expect the Supreme Court to issue its decision in early 2023.
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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Open Convention or Harris 'Coronation'? Democrats Weigh Options After Biden Exit
"If Kamala Harris wants the nomination, and wants it to be worth anything, she has to at least show that she fought for it and won it cleanly," argued one commentator.
Jul 22, 2024
Vice President Kamala Harris quickly racked up endorsements from major Democratic figures—including President Joe Biden—and received the backing of deep-pocketed party donors on Sunday after the incumbent exited the 2024 contest in the face of insurmountable pressure.
But while much of the party coalesced around the vice president and argued she's the obvious choice to take on Republican nominee Donald Trump in November, some Democrats and commentators made the case for a competitive nominating process, contending that it would strengthen the eventual candidate and avoid the appearance of an undemocratic "coronation."
Former President Barack Obama was the most prominent Democrat to hint at support for something resembling an open convention, saying in a statement that he has "extraordinary confidence that the leaders of our party will be able to create a process from which an outstanding nominee emerges."
Prior to Biden's exit, dozens of former Democratic lawmakers endorsed an open convention, writing in an open letter that the process would "energize the party and capture the imagination and interest of voters—especially younger and marginalized voters—who have been uninspired by the choices so far."
"I am for an open convention—huge media coverage leading up and during—knock the Trump campaign off kilter and off the air!" former Rep. Peter DeFazio (D-Ore.), one of the letter's signatories, wrote in a social media post on Sunday.
Opponents of an open convention, meanwhile, argued such a process would be chaotic, divisive, and inherently damaging to the party's prospects.
"Democrats have a choice to make: unite and win, or fight each other and lose," said Birmingham, Alabama Mayor Randall Woodfin.
Rep. Alexandria Ocasio-Cortez (D-N.Y.) and other progressives in Congress also made the case for rallying behind Harris rather than leaving the door open to potential Democratic challengers and requiring Harris to win the nomination at the party's convention in Chicago next month.
"Kamala Harris will be the next president of the United States. I pledge my full support to ensure her victory in November," Ocasio-Cortez wrote on social media. "Now more than ever, it is crucial that our party and country swiftly unite to defeat Donald Trump and the threat to American democracy. Let's get to work."
It's unclear whether any viable challenger would emerge should Democrats opt for an open convention, but Harris herself said after Biden dropped his reelection bid that her "intention is to earn and win this nomination."
Sen. Joe Manchin of West Virginia is reportedly considering re-registering as a Democrat to compete for the nomination—a bid that would be doomed to fail given that he's reviled by the Democratic Party's progressive wing and much of the establishment for obstructing significant elements of Biden's legislative agenda.
(Update: Manchin toldCBS News Monday morning that he is "not going to be a candidate for president.")
NOTUSreported Sunday that "a small group of Democratic leaders are seen as having the credibility and resources to challenge for the nomination," including Pennsylvania Gov. Josh Shapiro, Michigan Gov. Gretchen Whitmer, and California Gov. Gavin Newsom. Shapiro and Newsom both endorsed Harris on Sunday.
According toThe New York Times, some Democrats privately "argued that a more competitive process would benefit Ms. Harris because it could dispel doubts about her political skills." Notably, Senate Majority Leader Chuck Schumer (D-N.Y.), House Minority Leader Hakeem Jeffries (D-N.Y.), and former House Speaker Nancy Pelosi (D-Calif.) were not among the Democratic lawmakers who endorsed Harris on Sunday.
Drop Site's Ryan Grim observed Sunday that "the conventional wisdom is that an open convention is simply never going to happen, and if it does it will be a disaster for Democrats—weeks of infighting and chaos that'll drag the party down."
"But that argument is merely a mix of assumption and assertion," Grim wrote. "With a little imagination, that chaos could be turned toward the party's advantage at a time when it's desperately needed. The argument for coronating Kamala Harris doesn't consider how it would look for a party that is in the grip of a legitimacy crisis—Democratic elites were the last in the country to acknowledge Biden's frailty—to foist a new nominee on the public."
"If Kamala Harris wants the nomination, and wants it to be worth anything, she has to at least show that she fought for it and won it cleanly," he added. "And the only way to do that is at an open convention."
The Democratic National Committee's (DNC) rules panel is set to meet this week to "implement a framework to select a new nominee," as The Wall Street Journalreported. The panel's co-chairs, according to the Journal, vowed the process would be "comprehensive, fair, and expeditious."
Before Biden's exit, the DNC was planning to hold a virtual roll call vote early next month to cement the incumbent president as the Democratic nominee weeks before the party's convention in Chicago.
It's unclear whether the DNC plans to move ahead with a virtual vote.
"While an open convention would undoubtedly be entertaining to watch, I doubt we'll see that," said Dan Tokaji, an election law expert at the University of Wisconsin Law School. "It's possible that delegates will vote to nominate Harris before the convention even begins."
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Biden to 'Stand Down'; Endorses Kamala Harris
' I want to offer my full support and endorsement for Kamala to be the nominee of our party this year'
Jul 21, 2024
Breaking News...more to come
UPDATE : In response to President Biden’s announcement that he is no longer seeking reelection, MoveOn Political Action Executive Director Rahna Epting released the following statement:
“President Joe Biden‘s legacy is defined by defeating Donald Trump, restoring our nation’s commitment to our democracy, and delivering one of the most impressive domestic policy agendas in modern history. Just like he did in 2020, President Biden is making a tremendous personal sacrifice to preserve our democracy, putting the interest of the American people first, and he has the gratitude of our nation and our millions of members.
“Vice President Harris is tested and respected, and her voice is critically important at this moment. MoveOn and our members have her back and believe that those who share our commitment to winning this election and protecting our futures will do everything in their power to lift her up and stop Trump in his tracks.
MoveOn is more driven than ever to unifying the anti-Trump coalition and defeating Donald Trump and extremist MAGA Republicans once again in 2024. We are all in on electing Kamala Harris and Democrats to the U.S. House and Senate and we look forward to engaging our members and surge voters across the country to rise up and make their voices heard this fall.”
President Joe Biden has made the decision to not run for president. Read his just released statement below.
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Israeli Military Strikes Claim Lives of 64 Individuals in a Single Day
'When is enough? When will the war ever end?'
Jul 21, 2024
The local Health Ministry says at least 64 people were killed and 105 injured in Israeli attacks across Gaza in the past 24 hours. Many victims are still under the rubble and on roads, with civil defense crews not able to reach them, it adds.
The Israeli military has launched numerous deadly strikes focused on the Al-Nuseirat refugee camp, including the targeting of multiple UN-run schools housing displaced people.
Nuseirat residents described living in constant fear of being bombed and a deteriorating humanitarian situation.
“The situation is scary,” said Rahma Abu Hajjaj, a 39-year-old mother of five from Nuserirat. “There are no warnings, there are no alarms when homes are bombed, we are hiding all the time and we do not know why they are targeting these homes.”
"We hear the sounds of explosions in Nuseirat and we see the smoke rising from here in Deir Al-Balah, the last refuge you can say and we are being terrorized by the feeling tanks may roll here," Tamer Aburakan, a resident of Gaza City, told
Reuters.
"Where should we go next? The entire Gaza Strip is under fire, and we are being hunted like deer in a forest. When is enough? When will the war ever end?" he said via a chat app.
Israeli Prime Minister Benjamin Netanyahu is due to travel to the US on Monday. Netanyahu is expected to meet with US President Joe Biden on Tuesday afternoon. The next day, he is due to address a joint session of US Congress.
Thousands of people are expected to protest against the visit of Netanyahu for whom the top prosecutor of the International Criminal Court is seeking an arrest warrant for war crimes.
At least 38,983 Palestinians have been killed and 89,727 others injured in Israel's military offensive on Gaza since Oct. 7, Gaza's health ministry said on Sunday, including the 64 people killed in the last 24 hours.
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