Featured image: Cofan Indigenous leader Emergildo Criollo looks over an oil contaminated river hear his home in northern Ecuador. Photo by Caroline Bennett / Rainforest Action Network (flickr). Some rights reserved.
Indigenous battles to defend nature have taken to the streets, leading to powerful mobilizations like the gathering at Standing Rock. They have also taken to the courts, through the development of innovative legal ways of protecting nature. In Ecuador, Bolivia and New Zealand, indigenous activism has helped spur the creation of a novel legal phenomenon—the idea that nature itself can have rights.
Rights are typically given to actors who can claim them—humans—but they have expanded especially in recent years to non-human entities such as corporations, animals and the natural environment.
The notion that nature has rights is a huge conceptual advance in protecting the Earth. Prior to this framework, an environmental lawsuit could only be filed if a personal human injury was proven in connection to the environment. This can be quite difficult. Under Ecuadorian law, people can now sue on the ecosystem’s behalf, without it being connected to a direct human injury.
The Kichwa notion of “Sumak Kawsay” or “buen vivir” in Spanish translates roughly to good living in English. It expresses the idea of harmonious, balanced living among people and nature. The idea centers on living “well” rather than “better” and thus rejects the capitalist logic of increasing accumulation and material improvement. In that sense, this model provides an alternative to the model of development, by instead prioritizing living sustainably with Pachamama, the Andean goddess of mother earth. Nature is conceived as part of the social fabric of life, rather than a resource to be exploited or as a tool of production.
The Preamble of the Ecuadorian Constitution reads:
“We women and men, the sovereign people of Ecuador recognizing our age-old roots, wrought by women and men from various peoples, Celebrating nature, the Pacha Mama (Mother Earth), of which we are a part and which is vital to our existence…. Hereby decide to build a new form of public coexistence, in diversity and in harmony with nature, to achieve the good way of living, the sumac kawsay.”
The traditional Quechua relation to the natural world is firmly rooted in the Constitution. The interchangeable use of nature and Pacha Mama testifies to the indigenous influence on the Constitution.
The concept and the praxis
In the 1970s, Christopher Stone, an American environmental legal scholar, articulated the legal notion of the rights of nature in his widely read essay Should Trees Have Standing? Stone envisioned a new way of conceptualizing nature through law that broke with the existing paradigm of the commodification of nature, often established through law.
Property rights are a primary example of commodifying the natural world. When treated as property, nature incurs damages that often go unrecognized. Stone writes that an argument for “personifying” nature can best be considered from a welfare economics perspective. Under capitalist economic logic, many externalities that negatively impact the environment are not registered when calculating the cost of an action. Transforming nature legally from mere property to a rights-holding entity would force byproduct environmental effects of production to factor into cost calculations. Under this framework, nature would be better protected.
Incorporating rights of nature into a national constitution is a powerful paradigm shift, but may seem hypocritical and idealistic given states’ continuing dependence on extractive industries. In Ecuador, 14.8 percent of the GDP comes from profits from natural resources as of 2014.
Moreover, under Ecuadorian law, the rights of nature are subject to principles of so-called national development. Article 408 of the constitution stipulates that all natural resources are the property of the state, and that the state can decide to exploit them if deemed to be of national importance, as long as it “consults” the affected communities. However, there is no state obligation to abide to the result of the consultation to these communities– a gaping hole in full protection of these environments and the people living within them.
Nonetheless, Ecuador’s Constitution was a significant step in changing the legal paradigm of rights to one that is inclusive of nature.
Bolivia follows
Bolivia followed in Ecuador’s footsteps. Evo Morales, the first indigenous head of state in Latin America, was elected in 2005 and called for a constitutional reform that ultimately established rights to nature in 2009.
Again, indigenous philosophies were instrumental in the formulation of Bolivia’s new Constitution. The constitution’s preamble states that Bolivia is founded anew “with the strength of our Pachamama,” placing the indigenous understanding of nature as central to the very creation of the revised political state. Like in Ecuador, the Bolivian Constitution allows anyone to legally defend environmental rights.
Bolivia’s government soon instituted the Law of Mother Earth in 2010, later re-coining it as the Framework Law of Mother Earth and Integral Development to Live Well. The law lays out a number of rights for nature, such as the right to life and to exist, to pure water, clean air, to be free from toxic and radioactive pollution, a ban on genetic modification, and freedom from interference by mega-infrastructure and development projects that disturb the balance of ecosystems and local communities.
Part of the rationale behind the law is the hope of helping the environment through reducing causes of climate change, which is directly in Bolivia’s interests. Increasing temperatures in Bolivia pose problems to the nation’s farming sector and water supply.
Again, however, this legal concept does not match economic realities. The rights of nature are directly at odds with extractive industries that are intimately tied to Bolivia’s model of economic development. Despite legal frameworks defending the rights of nature, Bolivia’s profits from natural resources comprise 12.6 percent of the GDP as of 2014.
But there are alternatives to the Andean experience. Across the Pacific, New Zealand has also granted a legal status of personhood to specific rivers and forest, thus enabling the environment itself to have rights.
The New Zealand Take on Rights of Nature
Unlike Ecuador and Bolivia, New Zealand’s rights of nature are not embedded in its constitutional law, but rather protect specific natural entities. Native communities in New Zealand were instrumental in creating new legal frameworks that give legal personhood, and thus rights, to land and rivers.
New Zealand has bestowed legal personhood on the 821-square mile Te Urewara Park, and the Whanganui River, the nation’s third-largest river. This was part of the government’s reparation efforts for the historical injustice at the foundation of New Zealand’s state: colonial conquest of land from native peoples.
The Tuhoe tribe’s ancestral homeland is currently the Te Urewara Park. With the imposition of colonial governance, most of their land was taken from them without consultation, resulting in great spiritual and socio-economic losses. The land was designated a national park in 1954.
The Tuhoe tribe never signed the 1840 Treaty of Waitangi with the British Crown, which stripped the tribe of their sovereign right over their land. They have since contested the British assertion of sovereignty that undergirds the formation of the modern New Zealand state.
Their centuries-long struggle finally yielded results. As part of New Zealand’s reparation process towards Indigenous Peoples, the national government negotiated with the Tuhoe tribe regarding their historic land. In 2012 the Tuhoe tribe accepted the Crown’s offer of financial reparations, a historical account and apology and co-governance of Te Urewera lands. The national government renounced ownership of the land, giving the land its own personhood.
Under this framework, the land is now a legal entity in itself, owned neither by the government nor the Tuhoe tribe. The land is no longer property. It is its own untamed natural presence in and of itself, with, as per native understanding, its own life force and identity.
The land is now co-governed by the Tuhoe people and the New Zealand government.
The 2014 Te Urewara Act declares the park “a place of spiritual value.” The Act acknowledges that it is the sacred home of the Tuhoe people, integral to their “culture, language, customs and identity,” while also being of intrinsic value to all New Zealanders.
In a similar process of granting legal personhood, the local Maori tribe, the Iwi, helped the Whanganui River earn legal personhood status in 2014 after winning a long-fought court case.
This was part of a centuries-long struggle that the Whanganui tribes undertook to protect the river. Since the signing of the Treaty of Waitangi, the river has been subject to gravel extraction, water diversion for hydro-electric plans, and river bed works to better navigability, under protest from local tribes.
The Maori fought to protect the river through a series of court cases beginning in 1938, defending their claim to the management of the river as its rightful guardian. Throughout the court cases, negotiations were undergirded by the native saying “Ko au te awa, ko te awa ko au,” which translates to “I am the river and the river is me.” This reflects native philsophies of reciprocal and equal relations between people and nature.
New Zealand’s attorney general Chris Finlayson was quoted in the New York Times as acknowledging the Maori perspective as formative in the granting of rights to these natural entities, saying “In their worldview, ‘I am the river and the river is me,’” he said. “Their geographic region is part and parcel of who they are.”
Expanding Legal Horizons?
The legal concept of rights of nature signal the influence of Indigenous Peoples as political actors in state-making, fundamentally reimagining law and how the natural world is conceived. These ideas present a revolutionary rupture in the conventional anthropocentric understanding of sovereignty, and a realignment of how the natural world is valued. In fact, they could chart the path forward for a new understanding of mankind’s relation to the natural world, even if they operate within the legal structures that are not conducive to indigenous philosophies.
It is true that the rights of nature as they currently stand have deep limitations, particularly given the ongoing extraction of non-renewable natural resources in Ecuador and Bolivia. Problems of corruption, environmental inequality and economic dependence on extractive industries are major challenges to the full realization of the rights of nature.
Yet small acts can lead to lasting change. This shift in the way we relate to and legally protect nature, however small and plagued by obstacles, could be an incremental step toward a more sustainable relation to the planet that could allow us to preserve the earth for future generations.
After eight years of struggle, communities in Santa Cruz Barillas, Guatemala, are celebrating a decision by Spanish company Ecoener-Hidralia to leave Guatemala and start the “process of extinction of Hidro Santa Cruz S.A.”
The Dec. 29 announcement signals the end to a tragic legacy of political persecution and imprisonment, criminalization of resistance, threats and the murder of social leaders.
The aggressiveness of the hydro dam’s proponents reached its highest point with the murder of community leader Andrés Pedro Miguel, attributed to security officers hired by the multinational company. Legal authorities, even in light of undisputed evidence, decided to keep this crime unpunished.
The outrage of communities was used as an excuse by the Guatemalan government, led by Otto Pérez Molina, to declare a state of emergency in the area and imprison several people.
“As the people of Barillas we see this as a great victory. This is an important achievement towards the defense of the territory and the natural resources of the people, and it is a message for other companies in the country and the world,” said Basilio Tzoy, member of the Departmental Assembly of Huehuetenango and CEIBA – Friends of the Earth Guatemala, in an interview with Real World Radio.
Tzoy believes that the “key factor” for this victory was the struggle of “the people through community consultations since 2007, and then with the support of different organizations and individuals who opposed the state of emergency in 2012 and advocated for the freedom of the political prisoners.”
Tzoy also highlighted the importance of the solidarity shown by regional and international organizations that acted to stop the advance of the project, for instance through the International Mission on Human Rights carried out in 2013 in the framework of the 5th Latin American Meeting of the “Network of People Affected by Dams and in Defense of Rivers, Communities and Water” (REDLAR).
Another important action, according to him, was the delivery of over 23 thousand signatures gathered by Friends of the Earth Spain and the Alianza por la Solidaridad to the Guatemalan Ambassador in Spain, demanding the definitive withdrawal of the multinational company from the country.
The struggle continues
In addition to celebrating this victory, the communities have identified as next steps to strengthen the solidarity with the q’anjob’al and chuj peoples of San Mateo Ixtatán municipality, who are facing the advance of hydroelectric projects owned by company Promoción y Desarrollo Hídricos (PDHSA). According to Tzoy, the leaders of these communities, who live in a heavily militarized territory, have “over 17 arrest warrants against them and over 50 legal complaints,” for defending their territories.
With reference to the territories occupied by Hidro Santa Cruz, the activist said that starting next year, the local organizations will meet to define how they will be recovered.
In the framework of the 20th anniversary of the peace agreements today, December 29th, Tzoy said that Guatemalan social movements have been meeting for over two months now, carrying out actions to demand the State the right of Indigenous Peoples to their territories and to denounce the attacks and criminalization of the struggles of the communities.
As a conclusion, Basilio Tzoy addressed “the people of Latin America and the world resisting neoliberalism: the struggles take long and are hard, but the fruits can be reaped as long as they persevere,” said the Guatemalan leader.
This article was originally posted at RadioMundoReal.fm and edited and re-published at Intercontinental Cry under a Creative Commons License. Featured image by www.papelrevolucion.com.
On Sunday, March 7, 1965, roughly 600 African Americans and their allies gathered and marched towards Montgomery, Alabama in order to take a stand and draw attention to the fact that 99% of Selma, Alabama’s registered voters were white, and that the African American community was being denied their legal right to vote. The unarmed men and women who marched across the Edmund Pettus Bridge were met by a heavily armed police force and were tear gassed and beaten horrifically. In the end, 17 marchers were hospitalized, and another 50 were treated for injuries caused by the police.
On Sunday, November 20, 2016, more than 400 Native Americans and their allies marched on the Backwater Bridge outside of Cannon Ball, North Dakota. The Water Protectors had been demonstrating peacefully for months in order to preserve sacred burial grounds and protect their only source of clean drinking water from the oil-bearing Dakota Access Pipeline. However, this unarmed march was meant to clear vehicles that had been set up by DAPL to block the Backwater Bridge. They were attempting to clear the road so that emergency medical vehicles could have faster access to the residents and campers at the Standing Rock Sioux Reservation. After being trapped on the bridge by heavily armed police, the marchers were hosed with water cannons in 23°F temperatures, and shot with rubber bullets, tear gas, pepper spray, and concussion grenades for more than 7 hours. 26 people were hospitalized, and more than 300 were treated for injuries caused by the police forces.
It is highly likely that neither group of marchers knew the full extent of the violence that they were about to experience as they marched on these bridges for the first time. However, they certainly knew what was in store for them for any subsequent actions. After the first march on Montgomery, the nation was horrified by the images broadcast by media sources, and on March 9, more than 2500 people showed up for the second march on Montgomery. Due to a pending decision, and a restraining order issued by Federal District Court Judge Frank Minis Johnson, the marchers turned around on the Pettus Bridge.
Ultimately, on March 17, Judge Johnson ruled that the civil rights activists’ right to march could not be abridged by the state of Alabama, writing “The law is clear that the right to petition one’s government for the redress of grievances may be exercised in large groups…by marching, even along public highways.” Meanwhile, on March 13th, President Lyndon Johnson met with Alabama Governor George Wallace in an attempt to prevent further violence and harassment from being directed at the civil rights activists. While unsuccessful with Wallace, President Johnson introduced a bill two days later to Congress. That bill became the Voting Rights Act. While it took time for the bill to pass, President Johnson deployed 2000 soldiers of the U.S. Army, 1900 Alabama National Guard troops under federal command, and unknown numbers of FBI and Federal Marshals to protect the demonstrators as they successfully continued their march on March 21.
When I showed up on November 24 to bring supplies and provide medical support at the Oceti Sakowin Camp, there were an estimated 3500 people at camp. When I left at the end of the week, there were roughly 10,000. Dozens of countries, and hundreds of tribes from around the world are expressing outrage and concern over the violence and harassment directed towards the Water Protectors at Standing Rock. These communities are also outraged that the pipeline was originally supposed to pass north of Bismarck, ND, but was rejected as being too dangerous to pass near that overwhelmingly white community’s water source, and instead was relocated to pass through traditional Lakota lands and under their Missouri River water source without any conversation regarding indigenous concerns and opposition to the pipeline.
Governor Jack Dalrymple of North Dakota is escalating his rhetoric towards the safety of the people camped at Standing Rock. He has threatened anyone bringing food and clothing donations to the camps with $1000 fines. This week, he threatened to oust the Water Protectors from their camps in the name of safety, due to winter conditions. However, the Water Protectors are not going to leave, and making someone homeless in winter is unconscionable. Using water cannons on peaceful demonstrators in sub-freezing temperatures shows that safety is not Dalrymple’s top priority. Getting people to vacate the land is his priority.
The Water Protectors are going to continue to march, pray, and peacefully demonstrate, regardless of the violent reactions from DAPL security and police forces. They are doing everything that they can to stand up for their rights in a peaceful manner. They are waiting for action from President Obama. It is time for a sit-down between President Obama and Gov. Dalrymple. It is also time for an immediate and decisive response from the Obama administration to ensure the safety of peacefully assembled citizens and their right to clean water. This means troops standing with the Water Protectors, not opposed to them. President Johnson was not perfect, but he has been judged by this nation, and the world, to have been on the correct side of history on civil rights in the wake of Bloody Sunday. Due to the shared history of abuse and denied rights, despite laws and treaties on their side, it is difficult to see why President Obama praises one group’s actions, but has yet to do anything of substance for the other.
Bloody Sunday
When will troops protect the Water Protectors? So far the only troops acting in such a capacity are the veterans recruited by Wes Clark Jr. My thanks go out to Mr. Clark and his veterans. However, anything short of deploying troops to protect the peacefully assembled demonstrators, in conjunction with pushing a bill through Congress to extend the rights of indigenous communities over the governance of their own land, would be a shameful act by the Obama administration. This is your Pettus Bridge, Mr. President. On which side of this historic bridge do you stand?
Taking the least effective route to enact change is not praiseworthy. A teacher would award a D for such effort.
While the ruling by the Army Corps of Engineers sounds nice, demonstrators are still fighting for Lakota rights on land that is considered to be federally-owned, but was granted to the Lakota “in perpetuity” by the government. The Lakota never relinquished their right to this land. The government took it.
There are still Federal Police and Army Corps vehicles on Lakota land. They are still on the north side of Cantapeta Creek…with the DAPL security forces. I will believe something has changed when Federal forces are standing shoulder-to-shoulder WITH the Standing Rock Water Protectors, indigenous rights have been extended by law, and the pipeline is re-routed or terminated. Until this happens, nothing has changed.
Noah Weber is a nurse and a farmer from Montana. He volunteered as a medic at the Oceti Sakowin Camp at Standing Rock, though most of his time went to ensuring everyone in the medic, healer, midwifery, and warming tents had wood, warmth, and functional stoves.
“We call upon all member states, to condemn the destruction of our sacred places and to support our nation’s efforts to ensure that our sovereign rights are respected. We ask that you call upon all parties to stop the construction of the Dakota Access pipeline and to protect the environment, our nation’s future, our culture and our way of life.”
– Standing Rock Sioux Tribe Chairman Dave Archambault II
The International Indigenous Peoples`Forum on Climate Change (IIPFCC) condemns the construction of the Dakota Access pipeline and stands in solidarity with our sisters and brothers of the Standing Rock Sioux Tribe and all Water Protectors in opposition to this project.
Human Rights and the Indigenous Rights Perspective
The Dakota Access pipeline is being built on the un-ceded treaty lands of the Standing Rock Sioux Tribe, without their free, prior and informed consent, as is described in the UN Declaration on the Rights of Indigenous Peoples in Articles 18, 19, and 32. The pipeline is also being constructed through sacred areas and ancestral burial grounds of the Standing Rock Sioux and other Indigenous Peoples of the area. This massive construction project does not respect the Standing Rock Sioux’s Treaty rights, sovereignty, or their right to self-determination. It is an outright violation of their rights over their lands and resources as Indigenous Peoples, and does not respect the human rights of Indigenous Peoples.
Climate Perspective
The Dakota Access pipeline will transport 470 000 – 570 000 barrels of oil every day, which will release emissions of 101,4 million tonnes CO2, as much as 30 American coal power plants, every year. This is not consistent with the State Parties’ obligations and commitments under the Paris Agreement or the Sustainable Development Goals (SDGs). The continued production of fossil fuels only assures that global temperature will rise well above 2°C in the immediate future and threaten the lives and livelihoods of Indigenous Peoples around the world. The potential for a major oil spill from the Dakota Access pipeline is immediate. The pipeline is scheduled to cross underneath the Missouri River, which is the main source for drinking water for the Standing Rock Sioux Reservation and for millions of people who live downstream. Sunoco Logistics, the operating company of the pipeline, alone has experienced over 200 oil spills in 6 years, and the US had in total over 3300 leaks since 2010, polluting rivers, ground waters, land and air, and both human lives, health and livelihoods has been lost.
The IIPFCC calls upon the US to halt the construction of the Dakota Access pipeline and to enter into serious consultations with the Standing Rock Sioux, and other tribes affected by this project, respecting the right of the Tribes to free, prior and informed consent.
The state owned Norwegian Oil Fund is heavily invested in the pipeline. The IIPFCC calls upon Norway to divest from the Dakota Access pipeline Project.
We also call on all States to ensure the protection of Indigenous Peoples´ territories across the world as a critical action in the implementation of the Paris Agreement and in achieving the SDGs.
New York City – Today at 9:00 AM, New Yorkers rallied to demand action from Senator Charles Schumer to stop the construction of a high pressure, fracked-gas pipeline that poses a major threat to more than 20 million people. Two hundred and fifty people gathered and heard from health professionals, indigenous leaders and residents of the Hudson Valley where the pipeline is being built. Fifteen people were arrested after refusing to leave unless Senator Schumer took action. Allied organizations held solidarity actions at Senator Schumer’s offices in Peekskill, Rochester, Binghamton, Albany, Long Island, Buffalo, Syracuse, and Washington DC. Groups in Massachusetts, where the pipeline is also being built, gathered to pressure Senators Markey and Warren.
Several groups read a statement from Courtney Williams, a Peekskill resident whose home and children’s school is in the blast radius of the pipeline. “Senator Schumer, I speak on behalf of the HUNDREDS of people at every one of your offices in New York and the millions threatened by this pipeline: You must stop making excuses for your inaction. Spectra’s AIM Pipeline is a man-made and entirely avoidable disaster in the making and YOU have the power to stop it!” Leigha Eyster, a born-and-raised resident of Yorktown Heights where another section of the pipeline is being built, was present at the rally as well: “I’m here to take a stand against the AIM Pipeline project. It’s a great risk to my community and to New York City as well. We’re here because we need Senator Schumer to act. We need him to go to FERC Commissioner Norman Bay, we need him to go to President Obama, and we need to see action, not just words.”
Spectra Energy’s AIM project is a 42” gas pipeline that is only 105 feet from Indian Point Nuclear Power Plant’s safety infrastructure and 400 feet from an elementary school. The pipeline would bring fracked gas from Pennsylvania to New England, despite a report from the Massachusetts Attorney General that shows no need for this gas. Pipelines are prone to accidents; according to the Pipeline and Hazardous Materials Safety Administration (PHMSA), there were roughly six pipeline incidents every week in the United States in 2015, and the number of pipeline incidents is increasing with newer pipelines. Spectra’s AIM Pipeline poses a serious threat to public health and safety, not only to those who live in the immediate area, but to all New Yorkers. As Peekskill resident Nancy Vann said, “There is simply no safe way to put this pipeline into operation next to Indian Point.”
Furthermore, this project locks us into more fossil fuel use at a time when we must move toward renewable energy for the sake of our climate. Senator Schumer has filed his opposition to this project with the Federal Energy Regulatory Commission (FERC), but FERC still has not halted construction. Resist Spectra and allies from across the state are demanding that Senator Schumer go to President Obama, go to FERC Chairperson Norman Bay, and ask his colleagues in the Senate to oppose this project. They are also demanding that Schumer meet with Senators in other states and conduct a press conference demanding that FERC issue a “stop work” order NOW.
Peekskill is not the only part of the state that is being overrun by fracked gas infrastructure. Rallies in other parts of the state called on the Senator to be a voice for those who have been shut out of the process, and for communities where gas projects are being built against the communities’ wishes. “The Spectra Pipeline Project must be stopped if our children are to inherit a planet with clean water, clean air, and a livable climate,” said Renee Scholz from Mothers Out Front in Rochester. “I live in Rochester and recognize that this is an emergency not only for the 20 million people within the evacuation zone, but also for our state, country and planet. Senator Schumer is in a position to demand FERC issue a stop work order permit so this project is halted immediately, and I beg him to do so, now, before it is too late.”
In Binghampton, Lisa Marshall from Mothers Out Front spoke at a solidarity rally. “As a scientist and as a mom, I have no choice but to get on my knees and beg Senator Schumer to stop this project.” Diane Folk from Corning, NY, agreed: “As a mother, grandmother and great-grandmother, I have to take a stand to improve the environment of our nation.”
In Buffalo, 35 people gathered at Senator Schumer’s Buffalo office, where David Reilly Ph.D Professor at Niagara University spoke. “We—the people—need to learn from Standing Rock. We need to reject the impulse to push our risks to another neighborhood, to another location. We need to say NO to the idea that these fossil fuels should ever leave the ground. We need to be unified in our message—from the Spectra opposition to the Northern Access Pipeline to the Dakota Pipeline—that we refuse to give in to the pressure from fossil fuel industries.”
In Peekskill, 40 people gathered, sang and rallied outside Schumer’s Peekskill office, where Erik Lindberg of Peekskill spoke. “Senator Schumer has never held a press conference on this issue that threatens millions of his constituents. This is a man who has held press conferences and introduced legislation on everything from dish detergent pods to powdered caffeine to robo calls interrupting family dinner. Yet, he has never had a press conference on the risks of the AIM pipeline.”
“We fought Kinder Morgan’s pipeline that was slated to cross Rensselaer and Albany counties – and we won. Now we are supporting other New York communities that are fighting pipelines. Our climate demands that we take action. Senator Schumer, we need to you to take immediate action to stop the Spectra AIM Pipeline,” said Ruth Foster, member of Stop NY Fracked Gas Pipeline, a group from the Capital Region that held a rally in Albany.
Andra Leimanis spoke in Syracuse: “We ask that Senator Schumer step up his opposition to the Spectra AIM Pipeline before it’s too late. It’s time to GO BIG: call President Obama, hold press conferences alongside others in congress who have constituents endangered by FERC’s reckless pipeline approvals. Building more pipelines when we need to be rapidly reducing the amount of carbon and methane released into the atmosphere is dangerous. Building a pipeline next to an aging nuclear facility is insanity.”
Concerned New Yorkers gathered at Schumer’s Long Island office in Melville as well. “Schumer has spoken out against this pipeline and has written a letter to FERC but we need more action. We need him to actually stop this. He keeps telling us that he’s done what he can but that’s not acceptable. He needs to do more. It’s ridiculous to think otherwise.” Kevin O’Keeffe, Long Island resident involved in stopping the Port Ambrose LNG facility in 2015.
Finally, allies in Massachusetts rallied at the offices of Senator Warren and Senator Markey. “We here in Central Mass opposing the Northeast Access project know it’s time to join together across pipeline projects to say no to these projects that hurt local communities and us all while making money for the fossil fuel industry” said Michelle Wenderlich, local organizer for Food & Water Watch.
The people have spoken. The time is NOW for Senator Chuck Schumer to lead on this issue to protect all New Yorkers.
TUCSON, AZ— The Center for Biological Diversity and the Animal Welfare Institute today filed a lawsuit against the U.S. Department of Agriculture and the U.S. Fish and Wildlife Service to ensure that endangered ocelots aren’t inadvertently killed as part of the Department’s long-running program to kill coyotes, bears, bobcats and other wildlife in Arizona and Texas. The Department’s Wildlife Services program kills tens of thousands of animals in the two states every year using traps, snares and poisons.
“All the latest science shows Wildlife Services’ predator-control program is expensive, ineffective and inhumane,” said Collette Adkins, a Center attorney and biologist. “With fewer than 100 ocelots remaining in the United States, we’re trying to ensure that none will suffer and die in traps set for bobcats, coyotes and other predators targeted by Wildlife Services.”
Wildlife Services is required by the Endangered Species Act to consult with the U.S. Fish and Wildlife Service on its activities that may affect endangered species, including its predator-control activities. Because Wildlife Services kills wildlife within the range of the endangered ocelot, and given the similarity in size between ocelots and many of the targeted predators, the Fish and Wildlife Service warned Wildlife Services in a 2010 “biological opinion” document that ocelots could be harmed by its use of traps, snares and poisons (including baited M-44 devices that propel lethal doses of sodium cyanide into animals’ mouths).
Since that 2010 opinion, ocelots have been spotted in several additional locations in Arizona, including the Huachuca and Santa Rita mountains. New evidence also indicates that Wildlife Services has failed to comply with the document’s mandatory terms and conditions, intended to minimize risk to ocelots. This new information requires the program to reinitiate consultation with the Fish and Wildlife Service to examine risks to ocelots and develop risk-mitigation measures. The complaint also alleges that Wildlife Services must use recent science to supplement its outdated environmental analyses of its wildlife-killing program in Arizona, which were prepared in the 1990s under the National Environmental Policy Act.
“The ocelot population is crumbling at the feet of Wildlife Services’ indiscriminate and haphazard wildlife-killing activities,” said Tara Zuardo, a wildlife attorney with Animal Welfare Institute. “With this lawsuit, we are sending a message to Wildlife Services that its tactics should not come at the expense of the future of this critically endangered species.”
To protect ocelots while the Fish and Wildlife Service completes the required analysis, the groups are seeking a halt to Wildlife Services’ animal-killing activities throughout the ocelot’s range in southern Arizona and Texas.
Background
The ocelot has a tawny coat marked by elongated brown spots with black borders. It can weigh as much as 35 pounds and stretch to 4 feet in length (including the tail). Ocelots seem to prefer dense cover but use a variety of habitats. Hunting mostly at night, they target rabbits, birds, fish, rodents, snakes, lizards and other small- to medium-sized prey.
The ocelot’s range includes Texas, Arizona, Mexico and Central and South America. Monitoring of collared individuals has shown that ocelots travel as far as 10 miles outside their home ranges. Since 2009 ocelots have been detected at least five times in Arizona, including a road-killed ocelot near Globe in 2010, a treed ocelot in the Huachuca Mountains in 2011, and a male ocelot photographed in the Santa Rita Mountains in 2014.
Since 1982 the species has been designated as “endangered” under the Endangered Species Act. Although never abundant, ocelots were historically killed incidentally during the hunting, trapping and poisoning of coyotes, bobcats and other predators. Habitat loss also contributed to the animal’s decline; only a fraction of the less than 5 percent of original native vegetation remaining in the lower Rio Grande Valley is optimal habitat for the cats. Now continuing habitat loss, collisions with vehicles and inbreeding resulting from small and isolated groups are keeping the wildcat’s population numbers low.
See more about USDA Wildlife Services at this award-winning film:
