Supreme Court Asked to Protect Habitat for Endangered Frogs

Supreme Court Asked to Protect Habitat for Endangered Frogs

by | Jul 7, 2018 | Lobbying

Featured image: Dusky gopher frog courtesy USFWS

     by Center for Biological Diversity

NEW ORLEANS— From economists and scientists to religious leaders and business owners, dozens of groups this week submitted “friend of the court” briefs asking the U.S. Supreme Court to maintain protections for 1,600 acres of “critical habitat” designated in Louisiana for endangered dusky gopher frogs.

“It’s inspiring to see so many people eloquently urge our nation’s highest court to protect endangered wildlife,” said Collette Adkins, a Center attorney fighting in the Supreme Court for the frog’s protections. “While these folks represent a wide range of interests, they’re united in supporting these little frogs, their habitat protections and the Endangered Species Act. Like most Americans, these scientists, businesspeople and faith leaders recognize that imperiled animals need a place to live.”

The U.S. Supreme Court in January granted a “petition for certiorari,” filed by the timber company Weyerhaeuser, to reconsider a June 2016 decision from a three-judge panel of the 5th Circuit Court of Appeals that upheld a 2012 rule establishing the frog’s protections.

That rule protects 6,477 acres of critical habitat in Mississippi and Louisiana, including 1,600 privately owned acres of unoccupied frog habitat in St. Tammany Parish, Louisiana. The panel held that the U.S. Fish and Wildlife Service reasonably concluded that the St. Tammany Parish land is essential for recovery of the frogs, which are now confined to just three sites in southern Mississippi — with only one site regularly showing frog reproduction.

The “friend of the court” briefs, also known as “amicus briefs,” filed this week ask the Supreme Court to affirm the panel decision. Volunteer lawyers and law students wrote the briefs, in a coast-to-coast effort to represent scientists, legal experts and others with economic, scientific, moral and aesthetic interests affected by this case:

  • Landowners who value the presence of endangered species on their property and welcome efforts to preserve their habitats;
  • Faith-based groups recognizing a shared commitment, rooted in religious teachings and principles, to care for the earth and its species;
  • Scientists with expertise in conservation biology, including Stuart Pimm and E.O. Wilson;
  • Frog experts who study amphibian ecology and have expertise in conservation of gopher frogs;
  • Leading nonprofit conservation organizations with longstanding interests in protecting wildlife;
  • Environmental law professors with expertise in the Endangered Species Act;
  • Economists and law professors with expertise in economic theory, cost-benefit analysis, the valuation of environmental goods and environmental law and regulation;
  • Former leaders of the Department of the Interior, ranging from the Nixon administration through the Obama administration, who administered and enforced the Endangered Species Act; and
  • Small-business owners including ranchers, ecotourism entrepreneurs and artists, who make an economic case for biodiversity and stewardship.

The Center for Biological Diversity organized the amicus effort and, along with the Gulf Restoration Network, intervened in the case. Participating as parties in the litigation before the Supreme Court, the Center and GRN last week filed their brief in support of the frog’s habitat protections.

Background
The dusky gopher frog (Rana sevosa) is a warty, dark-colored frog with ridges on the sides of its back. When picked up, these frogs cover their eyes with their forefeet, possibly to protect their faces until predators taste their bitter skin secretions and release them. Gopher frogs spend most of their lives underground in burrows created by gopher tortoises — hence their name.

Once prevalent in Louisiana, Mississippi and Alabama, dusky gopher frogs are nearly extinct. More than 98 percent of longleaf pine forests — upon which the frog and many other rare animals depend — have been destroyed. Fire suppression, drought, pesticides, urban sprawl, highway construction and the decline of gopher tortoises have made this frog so rare it now lives in only a few small Mississippi ponds, with only one pond showing consistent frog reproduction.

In response to a Center lawsuit, the Fish and Wildlife Service listed the gopher frog as a federally endangered species in 2001. The lawsuit and advocacy by the Center also prompted the 2012 critical habitat designation at issue in the Supreme Court case. Additionally, in response to legal advocacy by the Center and Gulf Restoration Network, the agency released a final recovery plan for the frogs in 2015.

ESA Update: Victory Stands as USFWS Withdraws Appeal

ESA Update: Victory Stands as USFWS Withdraws Appeal

by | Jun 30, 2018 | Lobbying

Featured image by Stephany Seay, Buffalo Field Campaign

     by Buffalo Field Campaign

On Monday, (June 25) our attorneys at Friends of Animals informed BFC that the US Fish & Wildlife Service has withdrawn their appeal, and Buffalo Field Campaign and Western Watersheds Project’s lawsuit victory will stand.

On January 31, 2018, U.S. District Court Judge Christopher R. Cooper ruled the Service violated the Endangered Species Act in finding that the imperiled bison did not warrant protection under the Act. With their appeal officially withdrawn, the Service now has to issue a new 90-day finding consistent with Judge Cooper’s opinion.

In his ruling, Judge Cooper said the Service couldn’t pick and choose science and ignore evidence that bison may be threatened. At the 90-day finding stage, Judge Cooper found the Service must credit evidence presented in our petition that bison may warrant listing as an endangered species.

The clock is now ticking for the Service to act and issue a new 90-day finding on our petition to list bison as an endangered species.

New York: Neighbors Rally at Cuomo Appearance to Shut Down Pipeline

New York: Neighbors Rally at Cuomo Appearance to Shut Down Pipeline

by | Jun 25, 2018 | Protests & Symbolic Acts

Activists’ Fears Confirmed by Newly Released New York State Multi-Agency Report Showing Dangers of Siting AIM Pipeline Next to Indian Point Nuclear Facilities

     by ResistAim

Croton-On-Hudson, NY Sunday, June 24, 2018 —  Residents of towns near the Algonquin Incremental Market (AIM) pipeline gathered today at a fundraiser where Governor Cuomo was scheduled to appear, to tell the Governor to immediately shut the “Algonquin” Pipeline down. Today’s protest is a response to the New York State multi-agency Risk Assessment regarding co-locating a high pressure, high volume fracked gas pipeline alongside the failing Indian Point Nuclear Power Plant; the report was due over a year and a half ago and its executive summary was released on Friday evening. This report substantiates arguments made for years by community members, experts, and elected officials that the Federal Energy Regulatory Commission (FERC) did not sufficiently consider risks and other concerns before constructing the “Algonquin” Incremental Market (AIM) Pipeline expansion alongside Indian Point.

In February 2016, the Governor ordered the New York State Department of Homeland Security and Emergency Services (DHSES), Department of Public Service (DPS), Department of Health (DOH), and the Department of Environmental Conservation (DEC) to undertake the Risk Assessment.  Last year, construction was completed on the AIM Project, a high-pressure, 42’ inch diameter, fracked gas pipeline that runs under the Hudson River and within 110 feet of critical safety infrastructure for the aging and failing nuclear plant. The pipeline was completed after years of protest from the community and beyond, and in direct opposition to objections from elected officials at all levels. Further, this pipeline was built despite a report from the Massachusetts Attorney General showing that the additional capacity was not needed for the region to meet its energy needs.

While Governor Cuomo was a no-show at the event, activists did speak with Lieutenant Governor Kathy Hochul, demanding the state act immediately now that it has evidence of the risks posed by the pipeline. Despite attending the fundraiser only a few miles from the plant, the Lieutenant Governor said she wasn’t well versed on the topic and couldn’t speak to the state’s next steps. “How can the Lieutenant Governor attend an event only a stone’s throw from the plant and not be aware of the risk assessment that was released only 48 hours ago saying the home she was standing in was in danger?” asked Courtney Williams, a Peekskill resident who attended the rally with her young daughter. “We’ve been pressing the state on this for years. The fact that she was unable to speak to us about this is just more evidence that New York State isn’t doing its due diligence to protect us.”

“For years we have been saying that none of the Federal agencies were evaluating all the necessary risks when they granted permits for this pipeline. The Risk Assessment executive summary released on Friday is clear evidence that an independent contractor and four State agencies agree that there are too many unanswered questions to accurately assess the risk of running a high pressure, fracked gas pipeline right by Indian Point. The Governor must stop the the flow of gas at least as long as so many questions remain unanswered,” said Amy Rosmarin, co-founder of Stop the Algonquin Pipeline Expansion (SAPE).

“This Risk Assessment could have been completed and released before the AIM Pipeline construction was finished,” said Tina Volz-Bongar, from Resist Spectra. “Now we are in a situation where gas is flowing through a pipeline for which proper safety determinations were not made. We are calling on the Governor to go to FERC and ask for an immediate stay to halt the gas flow alongside and under Indian Point,” she continued.

“Given what the Risk Assessment says, it is incumbent upon the Governor to direct the Public Service Commission to use its authority under PHMSA (Pipeline Hazardous Materials and Safety Administration) to turn off the AIM Pipeline and do a proper safety and risk assessment without residents living daily with the potential danger of fracked gas under the plant,” said Nancy Vann, co-founder of Safe Energy Rights Group (SEnRG).

Today, community members and groups called on the Governor to shut the pipeline down by directing the Public Service Commission to exercise its authority over pipelines under PHMSA (Pipeline Hazardous Materials and Safety Administration).

“While the probability of pipeline incidents is low, the proximity to the Indian Point nuclear plant makes the potential consequences of such an event very significant,” said the agencies in their press release. “Additional scrutiny and monitoring to better understand and reduce risks associated with the Algonquin pipelines is warranted. FERC must engage in further action to mitigate and investigate potential risks.”

Thousands of Indigenous Peoples Converge on Brazil’s Capital

Thousands of Indigenous Peoples Converge on Brazil’s Capital

by | Jun 14, 2018 | Protests & Symbolic Acts

Featured image: Photo: Mídia NINJA/flickr (Some Rights Reserved). Political setbacks in Brazil give renewed thrust to annual mobilization for land rights.

     by , GlobalVoices / Intercontinental Cry

The camp smelled like smoke and urucum, a plant used for body painting. A defiant energy pulsed through the crowd. We could hear chants, ritual mantras, and ceremonial crying.

The place resounded with the voices of the more than 3,000 indigenous people from more than 100 different groups from all over Brazil, who gathered for the five-day 2018 National Indigenous Mobilization, held from April 23 to 27 in Brasilia, the Brazilian capital city.

Also known as the ‘Free Land Camp’ (‘Acampamento Terra Livre’, in Portuguese), the sit-in is a yearly event organized by the Articulation of the Indigenous Peoples of Brazil (APIB, in the Portuguese acronym). This year’s was its 15th edition.

According to the last Brazilian demographic census, there are 305 indigenous populations in Brazil, speaking 274 different languages. Together, they number almost 897,000 — approximately 0.47% of the country’s 200-million-strong population.

Most of them are scattered over thousands of villages, from north to south of the national territory, located in the 715 Indigenous Lands already regularized and formally recognized by the federal government. There are more than 800 cases of indigenous lands awaiting regularization.

The ‘Genocide Opinion’ and other blows

The movement has been facing a series of political setbacks, which gave renewed thrust to this year’s mobilization.

The Brazilian National Congress, whose majority is currently dominated by supporters of the agribusiness sector, are trying to approve a bill package that would undermine the rights of indigenous peoples guaranteed by Brazil’s 1988 Constitution and other international laws, such as Convention 169 of the International Labor Organization.

In the current complex political situation in Brazil, under the controversial administration of president Michel Temer, representatives of the agribusiness sector have gained even greater footholdand managed to also occupy other levels of government.

Only days before the Free Land Camp took place, President Temer yielded to pressure from a ruralist caucus and fired the president of the National Indigenous Foundation (FUNAI), replacing him with someone more agro-friendly.

The government’s reluctance to grant formal recognition of indigenous lands’ boundaries and the criminalization of the movement’s leaders were major points of concern and grievance for those who gathered in Brasilia.

Photo: Mídia NINJA/flickr (Some Rights Reserved)

Kretã Kaingang, an indigenous leader from the state of Paraná and coordinator of the indigenous program of 350.org in Brazil, recalled the kind of threats he has faced. “I was imprisoned for a time, accused of crimes that were not proven and I have been prevented by a judge from approaching the land where I was born. For four years I couldn’t step on the place where my umbilical cord is buried,” he said.

In September 2017, Brazil’s attorney general issued a legal opinion asserting that only indigenous peoples who were occupying their territory on the day the 1988 Constitution was promulgated should benefit from the recognition of their right to land.

Known as the “time limit” thesis, and sometimes called the “genocide opinion“, it has been endorsed by President Michel Temer. Should it ever become law, it would severely cripple the recognition of new indigenous lands.


There’s life in the trees just as there is in us. If you kill them, they die and never come back. If a logger kills a ‘cacique’, a story ends
‘We have only one objective here: to resume the process of demarcation of our lands’

The night fell as the indigenous leaders stood in vigil in front of the federal government building. At one point, the crowd raised candles and stopped their activities to listen to a lament sung by one of the indigenous women. It was a mourning ceremony.

Photo: Mídia NINJA/flickr (Some Rights Reserved)

On the following day, the Esplanade of Ministries, the main route where all federal government buildings are located, was occupied again by protesters, who marched towards the seat of the National Congress.

With paintings and adornments, dancing and singing war cries, indigenous Kaingang, Guarani, Guarani-Kaiowá, Guarani-Mbya, Xucuru, Pataxó, Munduruku, Awá-Guajá, Guajajara, Marubo, Xerente, Xavante, Kayapó, Tenetehara, Tembé, Tucano, Krahô, Kanela and many others demanded the process of demarcation of their lands be resumed and asked for respect for their rights, as enshrined in the 1988 Constitution.

Indigenous leaders carried banners with messages targeted at the authorities: “Demarcation Now!”, “No fracking in our lands!” and “Guarani resists”. Other signs called out the destruction of territories, rivers and natural resources by giant infrastructure and energy projects.

Photo: Mídia NINJA/flickr (Some Rights Reserved)

“We have only one objective here: to resume the process of demarcation of our lands. Many of our relatives could not join us, so we came to represent our communities,” said Kretã Kaingang.

During the demonstration, the street was stained red, symbolizing the blood shed by indigenous people during acts of repression and violence which are considered by many a continuation of the historical genocide perpetrated against them during colonial times.

“‘The trail of ‘blood’ we leave represents the violence and attacks imposed by the state to the original peoples of this country. Several invasions, threats, and assassinations have been occurring in Brazil, in addition to a cruel process of criminalization of our leaders. But despite this problematic conjuncture, we will always resist and fight, as we learned from our ancestral warriors,” said Chief Marcos Xukuru of Pernambuco.

Joênia Wapichana, the first indigenous woman and indigenous lawyer to stand up in the Federal Supreme Court, recalled what is really at play: “The fact that the Executive Branch has an instrument to restrict the right to demarcation puts the lives of all indigenous peoples at risk, whose subsistence depends directly on the land and everything it gives.”

Photo: Mídia NINJA/flickr (Some Rights Reserved)

“The demarcation of our lands equals their preservation. We have heard reports from our relatives from all regions about invasions pursued by loggers, prospectors, grabbers and state enterprises. What we want is to ensure the lives of future generations. We fight here not only for us indigenous peoples but for the Brazilian society as a whole,” said Tupã Guarani Mbya, from the Indigenous Land Tenondé Porã, in São Paulo.

For the chief Juarez Munduruku, indigenous peoples are like trees. “There’s life in the trees just as there is in us. If you kill them, they die and never come back. If a logger kills a ‘cacique’, a story ends.”

He recalled that in the middle of the Tapajós River, in the Amazon, where his territory is located, there are plans to build 43 big hydroelectric plants, which will dam one of the largest rivers in the country, a sacred place for his people. Two of these projects have already been implemented, and there are plans to also build 30 ports to transfer monoculture soybeans, in addition to mining and illegal logging.

This article was reported by Nathália Clark of 350.org. It was originally published by Global Voices and it has been re-published by Intercontinental Cry under a Creative Commons License.

Lawsuit Launched to Protect Rare Borderlands Moth in Arizona

Lawsuit Launched to Protect Rare Borderlands Moth in Arizona

by | May 5, 2018 | Lobbying

     by Center for Biological Diversity

WASHINGTON— Defenders of Wildlife, along with the Center for Biological Diversity and Patagonia Area Resource Alliance, today filed a notice of intent to sue the U.S. Fish and Wildlife Service to protect the Patagonia eyed silkmoth under the Endangered Species Act.

The rare Patagonia eyed silkmoth is clinging to survival in only three isolated locations in Arizona and Mexico. The groups previously petitioned the Fish and Wildlife Service to list the moth under the Endangered Species Act and designate critical habitat for the species.

“The Patagonia eyed silkmoth is hanging by a thread. With the only U.S. population existing in an Arizona cemetery, where its only remaining food source could be wiped out by cattle, this species clearly needs federal protection to save it from extinction,” said Lindsay Dofelmier, legal fellow at Defenders of Wildlife. “The Fish and Wildlife Service’s decision to dismiss evidence supporting listing the Patagonia eyed silkmoth was arbitrary. By failing to provide adequate explanation for the decision and not allowing for a 12-month status review, the Fish and Wildlife Service put the species at risk. Listing the silkmoth and designating critical habitat provides the best chance for recovery.”

The Patagonia eyed silkmoth exists in a single U.S. location, in an Arizona cemetery less than half an acre in size. In Sonora, Mexico, it lives on two sky islands, higher elevation areas that are ecologically different from the lowlands surrounding them.

“The Patagonia eyed silkmoth needs endangered species protection now, so we can start the work of recovering this beautiful animal,” said Brian Segee, a senior attorney at the Center for Biological Diversity. “The Endangered Species Act has saved more than 99 percent of plants and animals with its protection from extinction, and it can do the same for this rare moth.”

Cattle grazing was the primary historic cause of habitat loss for the moth and continues to play a major role in the precarious situation of the species. Mining and climate change also threaten to destroy the last vestiges of potential silkmoth habitat on both sides of the border. A catastrophic fire at critical times of the year, when the adults, eggs or larvae are out, could completely erase the moth from any of these remaining localities. Listing the silkmoth and designating critical habitat for the species offers its best chance of survival and recovery.

Streets Stained With “Blood” as Protest Sweeps Brazil’s Capital

by | Apr 30, 2018 | Protests & Symbolic Acts

     by Survival International

Thousands of indigenous people gathered in Brazil’s capital this week, to protest against plans to destroy their lands and lives.

The Indians, from tribes across the country, painted the streets with “blood,” marched through the city, demonstrated at government buildings, and called for their rights to be respected.

Sonia Guajajara, an indigenous leader and candidate for the Vice-Presidency in Brazil’s upcoming general election, said: “We are denouncing the genocide of our people…This is the most suffering we’ve experienced since the dictatorship. By staining the streets red, we are showing how much blood has been shed in our fight for the protection of indigenous lands… The fight goes on!”

The protest marks Brazil’s “Indigenous April” and follows the annual “Day of the Indian,” 19 April, when the country’s President often announces some progress in the protection of indigenous peoples’ ancestral lands. This year, no such announcements were made. Instead, it was reported that the head of the government’s Indigenous Affairs Department would be replaced, as he was not fulfilling the demands of anti-indigenous politicians and ranchers.

Politicians linked to the powerful agribusiness lobby are pushing through a series of laws and proposals which would make it easier for outsiders to steal indigenous peoples’ lands and exploit their resources.

This would be disastrous for tribes across the country, including the Guarani, who suffer one of the highest suicide rates in the world, as most of their land has been stolen for cattle ranching and soya, corn and sugarcane plantations.

Adalto Guarani told Survival International of the politicians’ plan: “Please help us destroy this! It’s like a bomb waiting to explode, and if it explodes, it will put an end to our very existence. Please give us a chance to survive.”

And uncontacted tribes, the most vulnerable peoples on the planet, could be wiped out if their lands are opened up. Tribes like the uncontacted Kawahiva and Awá are on the brink of extinction as they live on the run, fleeing violence from outsiders. But if their land is protected, they can thrive.

Survival International and its supporters in over 100 countries are working in partnership with tribes across Brazil to prevent their annihilation and the extinction of their uncontacted relatives.