Lawsuit Targets Trump’s Slashing of Protections at Utah’s Grand Staircase-Escalante

     by Center for Biological Diversity

WASHINGTON —Hours after President Donald Trump issued a proclamation taking an axe to Grand Staircase-Escalante National Monument in Utah, conservation organizations today filed a lawsuit attacking the order as an abuse of the president’s power. Earthjustice is representing eight organizations in a suit charging that the president violated the 1906 Antiquities Act by stripping monument protections from this national treasure: The Wilderness Society, the Grand Canyon Trust, the Sierra Club, Defenders of Wildlife, Great Old Broads for Wilderness, Center for Biological Diversity, WildEarth Guardians and Western Watersheds Project. The Southern Utah Wilderness Alliance and Natural Resources Defense Council are co-plaintiffs in the lawsuit and represented by in-house counsel.

“President Trump has perpetrated a terrible violation of America’s public lands and heritage by going after this dinosaur treasure trove,” said Heidi McIntosh, managing attorney in Earthjustice’s Rocky Mountains office. “While past presidents have used the Antiquities Act to protect unique lands and cultural sites in America, Trump is instead mangling the law, opening this national monument to coal mining instead of protecting its scientific, historic, and wild heritage. We will not let this stand. We will use the power of the law to stop Trump’s illegal actions.”

The Grand Staircase-Escalante contains dinosaur fossils found nowhere else in the world. Since its designation, 21 new dinosaur species have been unearthed by scientists in the monument, leading some to call these lands a “Dinosaur Shangri-la,” and a “geologic wonderland.” Grand Staircase holds one of the richest collections of fossils from the Late Cretaceous Period, which gives scientists and the public alike an unparalleled window into the dinosaurs that lived in these lands 10 million years ago. In mid-October, scientists airlifted one of the most complete tyrannosaur skeletons ever found out of Grand Staircase. These fossils are largely found in the Kaiparowits Plateau, where the coal industry has long coveted access for coal mining that would wreak havoc on this dinosaur treasure trove that belongs to the American people.

“I’m a resident of Kanab, and there are a lot of local businesses that are completely dependent on tourism related to Grand Staircase-Escalante,” said Laura Welp of Western Watersheds Project, and a former BLM botanist at Grand Staircase-Escalante National Monument. “The entire ‘staircase’ of spectacular geological layers, with its world-class fossil resources, deserves to be protected intact from the threat of coal mining and other types of commercial exploitation.”

President Trump’s executive order to revoke and replace Grand Staircase-Escalante National Monument came on the heels of a review conducted by Interior Secretary Ryan Zinke. Over 2.7 million Americans voiced their support for national monuments across the country, and public participation in the comment period was overwhelmingly in favor of keeping these public lands and waters protected just as they are.

“President Trump is attempting an unauthorized remodel of the Grand Staircase, knocking out not only geologic steps but cornerstones of the evolution of species, human history, and our cultural heritage as well,” said Tim Peterson, Utah Wildlands program director with the Grand Canyon Trust. “We’ve spent 20 years working to preserve Grand Staircase, and now we’re asking the courts to help us reconstruct what was torn down today.”

“The Trump administration’s effort to sell out our public lands is deeply unpopular and goes against American values,” said Michael Brune, executive director of the Sierra Club. “We will work to ensure our lands and waters remain open to the public and protected for future generations to explore and enjoy.”

“For more than two decades, through Democratic and Republican Administrations alike, we have worked with the BLM, paleontologists, local landowners, ranchers and business owners to ensure the monument’s resources are protected,” said Nada Culver, senior counsel for The Wilderness Society. “This unlawful, short-sighted action by President Trump is an affront to that collaborative work happening and to the benefits the monument provides to research, the local economy, and all Americans.”

“Despite the call for public comments, Trump never cared that we, the public, wanted him to keep his hands off our monuments,” said Chris Krupp, public earth guardian at WildEarth Guardians. “He’s not concerned with those of us that camp, hike, fish and hunt. He’d rather give another handout to oil, gas and coal companies.”

President Bill Clinton protected the lands of Grand Staircase as a national monument on Sept. 18, 1996 using the Antiquities Act, a century-old law that has been used by 16 presidents since Theodore Roosevelt to protect some of our nation’s most cherished landscapes and cultural heritage. Congress enacted the law in 1906, granting presidents the authority to create national monuments on federal lands to protect significant natural, cultural, historic or scientific features. The Antiquities Act does not, however, grant presidents the authority to diminish or rescind the monument designations of their predecessors.

“Grand Staircase is a cradle of biodiversity and losing even an acre would be a crime,” said Taylor McKinnon of the Center for Biological Diversity. “Scientists have identified nearly four dozen new species of butterflies here. We must protect this monument’s wildlife, stunning landscapes and cultural treasures for future generations. Trump and the fossil-fuel industry have picked the wrong battle.”

“If the Trump administration thinks Grand Staircase-Escalante can be sold out without a fight, they’re in for a huge surprise,” said Jamie Rappaport Clark, president and CEO of Defenders of Wildlife. “We’ll be seeing them in court.”

“The Trump administration has ignored overwhelming support for the monument. It’s a punch in the face to local businesses who support it, and all of us who treasure it,” said Shelley Silbert, executive director of Great Old Broads for Wilderness. “Our organization got its start in the Escalante Canyons nearly three decades ago and we’ve worked tirelessly for proper management of the national monument since its designation. We will fight this illegal action to take any portion of this monument away from the American people.”

“Americans from across the nation should be outraged by President Trump’s unlawful attempt to eviscerate the Grand Staircase-Escalante National Monument, one of our country’s wildest and most scientifically significant federal public landscapes,” said Stephen Bloch, legal director for the Southern Utah Wilderness Alliance, Utah’s largest conservation organization. “No one will look back on this decision in 15, 25 or 50 years and say Trump did the right thing by protecting less of this magnificent place. And by promoting this illegal act, Utah’s parochial congressional delegation and local politicians have firmly come down on the wrong side of history.”

After President Clinton designated Grand Staircase, an intricate land swap between the state and federal government was completed. Congress passed legislation modifying the monument’s boundaries in 1998 and then approved a land swap in which the state of Utah received 145,000 acres of mineral-rich federal lands and $50 million from the federal treasury. That $50 million has since gone to support Utah’s public schools, and the swap would be incredibly difficult to unravel. The Utah School and Institutional Trust Lands Administration established the Land Exchange Distribution Account to dole out the proceeds from these state-federal trades. At least 27 Utah counties have since received a total of $441 million.

Grand Staircase-Escalante has proven a tourism and economic boon for Southern Utah since its designation. Between 2001 and 2015, the population in the two counties bordering Grand Staircase grew by 13 percent, jobs increased 24 percent and real personal income grew 32 percent. Travel and tourism boomed in the region, offering 1,630 jobs around Grand Staircase. In the big picture, recreation from adventure-seekers, hikers, amateur geologists and families simply getting outdoors now funnels more than $12 billion into Utah’s economy.

Rights of Nature Action in Response to Attorney General’s Threat of Sanctions

Editor’s note: The first Rights of Nature lawsuit in the United States, Colorado River v. Colorado, was filed September 25, 2017, in Denver, Colorado.  The full text of the complaint can be found here.

     by Deep Green Resistance Southwest Coalition

Denver, CO – The Colorado Attorney General has threatened the attorney who filed the first federal rights of nature lawsuit with sanctions if he does not voluntarily withdraw the Complaint.

Rights of Nature activists will gather at dusk (4:30 pm) on Friday, December 1st, outside the Alfred A. Arraj Federal Courthouse, 901 19th St, Denver, CO 80294 in a display of creative resistance. They will demand that the Colorado River have her day in court, condemn the Attorney General’s intimidatory tactics, and call for the American legal system to grant the Colorado River Ecosystem the same rights as corporations.

Attorney Jason Flores-Williams, in a letter he sent to the Colorado Attorney General’s office Tuesday morning, November 27th, stated, “The Attorney General’s threat of sanctions is a legally baseless attempt to harass and intimidate a civil rights attorney in good standing who has dedicated his career to protecting the powerless from the powerful.” A copy of the letter is published here.

“They didn’t threaten to sanction Exxon attorneys for lying about global warming, or Bank of America attorneys for fraudulently foreclosing on people’s homes, or Nestle attorneys for privatizing our water and selling it back to us—but try to equal the playing field between corporations and the environment and they try to personally damage you,” Flores-Williams has also pointed out. “It’s the playbook.”

Will Falk, a writer, attorney, and one of the next friends in the lawsuit, denounced the Attorney General’s threats, saying, “The Attorney General is duty-bound to work solely for the good of the people, but through these threats the Attorney General is working solely for the good of corporations.”

 

Colorado Attorney General Threatens Sanctions for Rights of Nature Lawsuit

IN AN ATTEMPT TO INTIMIDATE US AND SILENCE THE RIGHTS OF NATURE MOVEMENT, THE COLORADO ATTORNEY GENERAL HAS THREATENED SANCTIONS AGAINST OUT LAWSUIT, COLORADO RIVER V. COLORADO.

Editor’s note: The first Rights of Nature lawsuit in the United States, Colorado River v. Colorado, was filed September 25, 2017, in Denver, Colorado.  The full text of the complaint can be found here.

Denver, CO—The Colorado Attorney General has issued an ultimatum to the attorney who filed the first federal rights of nature law suit: voluntarily withdraw the Complaint or face sanctions.

“They didn’t threaten to sanction Exxon attorneys for lying about global warming, or Bank of America attorneys for fraudulently foreclosing on people’s homes, or Nestle attorneys for privatizing our water and selling it back to us—but try to equal the playing field between corporations and the environment and they try to personally damage you,” says Jason Flores-Williams. “It’s the playbook.”

Will Falk, a writer, attorney, and one of the next friends in the lawsuit, denounced the Attorney General’s threats, saying, “The Attorney General is duty-bound to work solely for the good of the people, but through these threats the Attorney General is working solely for the good of corporations.”

The response to the Attorney General stating the reasons for why the suit will not be withdrawn can be found here.

 

 

Jerry Brown Tells Indigenous Protesters in Bonn, “Let’s Put You in the Ground”

Jerry Brown Tells Indigenous Protesters in Bonn, “Let’s Put You in the Ground”

     by  / Intercontinental Cry 

Governor Jerry Brown doesn’t always deal with critics of his controversial environmental policies well — and that was the case again on Saturday, November 11, when he spoke at the UN Climate Conference in Bonn, Germany. Californians, including indigenous water protectors and those on the frontlines of climate change, disrupted California Governor Jerry Brown’s speech at the “American’s Pledge” event at the UN climate talks to confront his strong support of fossil fuels in his state.

The banner-carrying protesters yelled, “Keep it in the ground” and other chants, referring to the governor’s strong support of fracking, both offshore and on land in California, and cap-and-trade policies that could prove catastrophic to the Huni Kui People of Acre, Brazil and other indigenous communities around the globe.

“I wish we have could have no pollution, but we have to have our automobiles,” said Brown as the activists began disrupting his talk.

“In the ground, I agree with you,” Brown said. “In the ground. Let’s put you in the ground so we can get on with the show here.”

“This is very California. Thanks for bringing the diversity of dissent here,” the visibly disturbed Brown continued.

A video of Brown’s reaction to the protest is available at the Sacremento Bee.

This is not the first time that Brown has employed harsh words to blast his opponents. On July 25 of this year, Brown blasted critics of his oil industry-written cap-and-trade bill, AB 398, for practicing “forms of political terrorism that are conspiring to undermine the American system of governance” in an interview with David Greene of NPR (National Public Radio).

Governor Brown, portrayed as “a green governor,” “climate hero,” and “resistance to Trump” by the mainstream media and corporate “environmental” NGOs, has come to the climate talks to promote California as a global model of “climate leadership” at a time when increasing number of Californians are fed up with his pro-Big Oil and pro-Big Ag environmental policies.

“When cities and states combine together and then join with powerful corporations, that’s how we get stuff done,” said Governor Brown at Saturday’s event at the U.S. Climate Action Pavilion, the exhibition space sponsored by U.S. non-federal leaders at COP23. “We’re here, we’re in and we’re not going away.”

However, Indigenous Peoples, frontline communities, environmentalists and climate activists disagreed strongly with Brown’s contention that cities and states collaborating with “powerful corporations” is “how we get stuff done” – and held this non-violent direct action to expose Brown’s deep ties to Big Oil and ‘false solutions” such as carbon markets.

“From refusing to ban fracking to letting oil companies dump toxic waste into underground water supplies, Governor Brown promotes policies that incentivize oil and gas production in the state,” according to a news release from the Indigenous Environmental Network. “His cap-and-trade extension includes provisions written by oil lobbyists that prevent state and local agencies from directly limiting carbon emissions from oil refineries. He has also failed to shut down the Aliso Canyon natural gas storage facility, where the largest methane leak in U.S. history forced thousands to flee their homes in 2015.”

On November 9, a Center for Biological Diversity report released at the Bonn conference revealed that three-quarters of California’s oil is as “climate-damaging” as Canadian tar sands crude. “Oil Stain: How Dirty Crude Undercuts California’s Climate Progress” found that eight of the state’s 10 largest-producing oil fields produce “very dirty crude with greenhouse gas emissions comparable to tar sands oil,” according to the Center. The report detailed how “the state’s dirty oil problem is compounded by policies that incentivize crude production.”

The groups called on Governor Brown to ban new drilling and fracking, phase out fossil fuel production, and commit to “a just transition to clean energy for all.”

“Northern California has five refineries stretching along our Bay on the North East side of San Francisco,” said Daniel Ilario, Idle No More SF/Bay Area. “Those living along this Refinery Corridor experience continuous negative health effects such as respiratory problems, birth defects, leukemia and cancers. California’s answer to our global climate crisis, the Cap and Trade extension (AB 398), will continue allowing refineries to expand, pollute, and ultimately destroy life.”

“The Phillips 66 Refinery in Rodeo, CA plans to expand their marine terminal to increase crude oil imports by water from 30,000 barrels a day to 130,000 barrels a day. We will not let this happen. Decision makers around the world need to understand that Governors Jerry Brown’s carbon market scheme will continue killing our people and poisoning our water, air, and soil. We will not accept the false solution of carbon trading that increase pollution in our hometowns while violating indigenous rights and human rights around the world. We must keep fossil fuels in the ground,” said Ilario.

Ninawa Nuneshuni Kui, President of the Huni Kui People of Acre, Brazil, said Brown’s “American Pledge,” based on environmentally unjust carbon trading, would lead to the displacement of his people and the destruction of his land.

“I wanted to leave a message here, for humanity and all of planet, that the peoples need to join to defend Mother Nature, the soil, water and air because they are being threatened,” said Ninawa Nuneshuni Kui, President of the Huni Kui People of Acre, Brazil. “And humanity needs Nature to survive. So I want to say that Nature and the air are not a means of commerce for anyone and it’s every human’s right to live in peace. Jerry Brown’s ‘American Pledge’ will lead to the displacement of my people and the destruction of my territory. We need to respect the rights of Nature and humans beings that need her to survive.”

Eva Malis, a young person from Valencia, CA, pointed out that Californians have been asking Governor Brown for years to step up and “be a true climate leader.”

“If he is going to be celebrated by the world as a climate leader, he needs to commit to the communities on the frontlines of fossil fuel extraction. Real climate leaders don’t frack. This isn’t just about Californians. The world needs Jerry Brown to do more in his own state,” said Malis.

“California Governor Jerry Brown is one of the biggest liars when it comes to being a ‘climate leader,’” summed up Isabelle Zizi of Idle No More SF Bay. “In 2014, hundreds of our drinking water and agricultural aquifers were contaminated with 3 billion gallons of fracking wastewater. The cap and trade bill that he passed in the summer of 2017 is in favor of more greenhouse gas emissions, more offsets for the fossil fuel industry, and is a false solution to stop climate change.”

Zizi is in Bonn for the UN Climate Talks. Follow her for updates on actions from the #ItTakesRoots delegation of Indigenous people, frontline communities and people of color.

While Brown portrays himself as a “climate leader,” he has in fact received over $9.8 million in contributions from oil, gas and utility companies, often within days of winning big political favors, according to Consumer Watchdog’s “Brown’s Dirty Hands” report released in August 2016.

“The timing of energy industry donations around important legislation and key pro-industry amendments, as well as key regulatory decisions in which Brown personally intervened, raises troubling questions about whether quid pro quos are routine for this administration,” said consumer advocate Liza Tucker, report author. “While Brown paints himself as a foe of fossil fuels, his Administration promoted reckless oil drilling, burning dirty natural gas to make electricity, and used old hands from industry and government, placed in key regulatory positions, to protect the fossil fuel-reliant energy industry.”

The report claims that twenty-six energy companies including the state’s three major investor-owned utilities, Occidental, Chevron, and NRG—all with business before the state—donated $9.8 million to Jerry Brown’s campaigns, causes, and initiatives, and to the California Democratic Party since he ran for Governor.

Then on February 6 of this year, twelve public interest groups, led by Consumer Watchdog and Food & Water Watch, unveiled a comprehensive “report card” on Jerry Brown Administration’s environmental record showing he falls short in six out of seven key areas, including oil drilling, fossil fuel generated electricity, toxic emissions, the California Environmental Quality Act, coastal protection and water.

The report calls for a moratorium on the building of natural gas powered electricity plants, given what they described as “the glut of electric capacity,” and calls for an outside audit of the state’s energy needs. The groups showed how California can improve its environmental protections to meet standards set in other states. The document also urged Brown to abandon his Delta Tunnels project, a plan to construct two massive tunnels under the Sacramento-San Joaquin River Delta, and to make water conservation a priority.

While Brown portrays himself as the “resistance” to President Trump’s positions on climate change and other issues, it is worth noting that Brown and the Trump administration appear to share a lot of common ground on many issues, including water infrastructure, public lands, the Delta Tunnels and the expansion of fracking in California. On April 13, Brown and Secretary of Interior Ryan Zinke had a “positive and productive” meeting during the Secretary’s visit to California, according to Zinke.

For more information on Jerry Brown’s environmental policies, read: Behind Jerry Brown’s green facade lurks dirty oil and environmental injustice
New York State Wins Latest Round in Battle with Pipeline & Federal Agency

New York State Wins Latest Round in Battle with Pipeline & Federal Agency

     by Protect Orange County and Stop the Minisink Compression Station

In a move that is being widely celebrated by both activists and national environmental rights groups, this afternoon, the US Court of Appeals, Second Circuit in NY issued an emergency stay of the Federal Energy Regulatory Commission’s (FERC) “Notice to Proceed with Construction”, issued on October 27, 2017 to the Millennium Valley Lateral Pipeline. The stay halts construction activities until a hearing can be held by a three judge panel.

The pipeline is intended to serve a controversial fracked gas power plant under construction by Competitive Power Ventures in Orange County NY. The battle between the State of New York and FERC over approval of the pipeline reflects an escalating conflict between impacted communities and environmental activists on the one side, and the powerful gas industry along with FERC, an agency described by opponents as a “rubberstamp” arm of the industry, on the other. Opponents of pipeline projects across the country argue that FERC systematically disregards adverse environmental impacts and see the authority of the state’s as the only means to control what they consider “reckless” approvals.

The stay is the latest legal salvo by NYS in response to repeated attempts by Millennium Pipeline to upend the state’s sole authority under federal law to determine 401 Water Quality Certification.  In August, 2017, the NY State Department of Environmental Conservation pursuant to the Federal Clean Water Act, a Section 401 Water Quality Certificate for the construction of the Millennium Valley Lateral Pipeline. The 7.8 mile pipeline would traverse NY wetlands and endangered species habitat in Orange County, NY, while supplying fracked gas from PA to the plant.

Taking their cue from an administration with little regard for the rule of law, on September 15, 2 Trump appointed FERC commissioners overrode NYSDEC’s authority over the water quality permit. FERC’s authority under the Natural Gas Act does not the pre-empt the authority of a state over the Clean Water Act. “It’s like trying to use a U.S. passport to drive a car in NYS”, says Pramilla Malick, of Protect Orange County, the community group leading the opposition. “While FERC may have siting authority, only the state can permit any activity that could impact water quality.”

Last week the agency pushed the envelope further by issuing the notice to proceed with construction of the pipeline despite pending motions by the NYSDEC before the commission. Malick expressed outrage at this action. “FERC routinely violates the fourteenth amendment rights of citizens but this is the first time they’ve ever violated the due process rights of a state.”

In an earlier statement Malick described FERC’s approval as an “Act of war against both the State of New York and the Federal Clean Water Act”.  Her group urged Governor Cuomo to fight FERC’s federal overreach.

Malick  lauded state leaders today, “We are deeply grateful to Governor Cuomo, State Attorney General Eric Schneiderman, and General Counsel for NYSDEC, Thomas Berkman for courageously fighting for the state’s right to protect its natural resources despite the heavy handed rebuke of the gas lobby.”

Today’s stay was issued with some urgency, as word spread in the local community that Millennium, acting swiftly on FERC’s illegal notice, began marking tree clearing areas that opponents claim would destroy a significant amount of endangered species habitat as well as a mating eagle’s nest.  Activists vowed to take any actions necessary to prevent construction from beginning.

Citizens and environmentalists have long been urging Governor Cuomo to take action to shut down CPV, which is situated in Wawayanda, NY, on the edge of NY’s renowned Black Dirt farmland, and near pristine water resources. Opponents of the CPV project assert that this populated and environmentally sensitive location will suffer irreparable harm from the plant’s daily emissions, in a region with declining energy demands.

Upon news of the stay Protect Orange County issued the following statement:

“Now more than ever, as we witness the dire global consequences of climate change; as clean water, air and soil resources are sacrificed to the greed of polluting fossil fuel giants; as our current administration in Washington, DC, continues to deny climate science, rolling back environmental protections, obstructing efforts to move toward clean energy, while winking at the lawlessness of big energy polluters, we need responsive and courageous local leaders to defend our resources with every means that the law allows. Today, our state leaders, led by the Governor, advanced the interests of the citizens of Orange County and New York State by acting decisively on behalf of the people, and not in the interest of corporate polluters.”

Ironically also in yesterday’s news the Senate confirmed the remaining two FERC nominees creating a complete 5 member commission.  Environmentalists had hoped the nomination process would included hearings on a long list of abuses by the agency over the rights of impacted communities.

 

First Hearing in Colorado River v. Colorado

First Hearing in Colorado River v. Colorado

Editor’s note: The Rights of Nature movement has arrived in the United States! On September 25, Deep Green Resistance, with noted civil rights attorney Jason Flores-Williams, filed a first-in-the-nation lawsuit – Colorado River v. Colorado – seeking personhood for the Colorado River and recognition of the river’s rights to exist, flourish, regenerate, and naturally evolve in the United States District Court, District of Denver. While courts in India, New Zealand, and Ecuador have granted rights to ecosytems, this lawsuit represents the first Rights of Nature action ever brought before a federal court. If the case succeeds, the natural world will gain a powerful new tool in the struggle to stop corporate exploitation.


Denver, CO—For the first time in U.S. legal history, a natural entity itself will stand as a party before the court. The first hearing in Colorado River v. Colorado will address emerging legal issues in rights of nature litigation as well as the Attorney General’s Motion to Dismiss.

“You can try to dismiss a complaint,” says attorney Jason Flores-Williams, “But you can’t dismiss reality.”

Prior to the hearing, there will be a press conference at 9:00 a.m. at the federal courthouse featuring statements from members of Deep Green Resistance, serving as “next friends” to the Colorado in this action. Fair trade coffee provided at the courthouse with an event to follow 12 p.m. to 2 p.m. at the Mercury Café located 2199 California St, Denver, CO 80205.

The Mercury Café event will: 1) Provide a guide for groups to file their own rights of nature litigation; 2) Feature a discussion on the rights of nature and creative resistance.  The hearing will be at  10:00 a.m. November 14th, 2017 Ctrm C204, Alfred J. Arraj Courthouse, 901 19th St., Denver, CO 80294.

Media inquiries:

Law Office of Jason Flores-Williams

303-514-4524

Editor’s note: you can find the Facebook event here and read the full text of the complaint, Colorado River v. Colorado, here.

Photo by Gert Boers on Unsplash