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 The complaint also alleges that Wildlife Services must use recent science to supplement its outdated environmental analyses of its wildlife-killing program in Arizona, which were prepared in the 1990s under the National Environmental Policy Act.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:
EAGLE PASS, Tex. — Native American Groups gathered today for a historic rally and march to protest the open-pit coal strip mine in Eagle Pass, Tex. The protesters called on the U.S. Army Corps of Engineers to rescind the mine’s permit, halt expansion and protect the land from further destruction. The project, owned by Dos Republicas Coal Partnership, mines lignite coal, which is transported by train from Maverick County across the border to be burned in a Mexican coal-fired power plant. The mine began operating several months ago, despite local opposition, and is harming the ancestral homelands of many Native groups and damaging sacred lands and more than 100 archaeological sites.
“This mine has already caused irreparable damage, destroying multiple burial sites and erasing our cultural heritage in the process,” said Maria Torres, Tribal Chairwoman of the Pacuache Clan of Texas. “This land is our patrimonial heritage, and it holds the story of our ancient aboriginal people—how we lived and how we died. When we lose access to our land and to the ancient wildlife of the area, from the jaguarundi and ocelot to crucial plant life, we lose part of our heritage and our connection with Mother Earth.”
Many Native groups say they were not properly consulted by Federal agencies as required prior to granting the permits necessary for the coal mine to open. More than eight thousand Eagle Pass residents and allies signed a petition in opposition to the Dos Republicas mine before its opening.
“This project is the worst example of environmental injustice I’ve seen,” said Dr. Jonathan Hook, former Director of Environmental Justice and Tribal Affairs for the EPA, Cherokee Nation citizen and Maverick County resident. “Everything about it is wrong. Given the incomplete processes and potential damage to one of the most vulnerable communities in the country, the Dos Republicas mine should have been stopped before it even started.”
Representatives from the Lipan Apache Band of Texas, Pacuache Band Coahuiltecan Nation, Carrizo-Comecrudo Tribe of Texas, and American Indian Movement of Central Texas were present at the Saturday event, which included Native regalia, drumming, and other cultural expressions along with large banners, signs, and puppets.
“Native leaders, tribal members and allies from across the country are uniting here today, and they join thousands from the area who are standing up against this disastrous project,” said Dr. Tane Ward, and Native and decolonial organizer working with the Sierra Club. “It’s unclear why the state of Texas has been so supportive of the controversial mining project. Not only does it harm culturally rich and historic land, the Dos Republicas mine threatens the safety and livelihood of those who live nearby all so the coal can be shipped to Mexico and burned in coal plants. It’s time for this dangerous project to be stopped, once and for all.”
More than 50 blockaders tried to re-enter the site of what has become a historic standoff Monday, to expand and support the ongoing Tar Sands Blockade tree village in east Texas.
Several managed to break through police lines to attempt to re-supply activists who have been occupying trees in the pathway of the Keystone XL pipeline since September 24. The rest of the blockaders rallied nearby, blocked by police and TransCanada’s hired security, who have formed a human barrier around the pipeline easement.
Two blockaders have locked themselves to construction equipment, and six blockaders have been arrested so far today.
Blockaders have been trying to negotiate with security hired by TransCanada to get food and water to activists occupying the trees in the path of the Keystone XL pipeline, to no avail. Now they are taking a stand together to get supplies to the activists occupying the tree-sit so they may maintain their standoff.
The activists were gathered at the location in Winnsboro after spending the weekend at a direct-action camp hosted by Tar Sands Blockade. Activists traveled from across the country and were trained in climbing, media relations, organizing and body blockade techniques.
“Coming out here had been one of the more inspiring things that I have done in years now,” says Toby Potter, a member of the environmental organization, Earth First!
Potter helped lead workshops over the weekend for camp participants in lockdowns and body blockades. “It gives me a lot of hope, seeing all this resistance from the area … and from around the country, and knowing that there’s [sic] other fights against tar sands at the same time.”
Potter helped camp participants erect a 30-foot wooden tripod used by activists who sit at the top of it during a blockade action. Many of the weekend’s campers participated in Monday’s blockade in Winnsboro to defend the tree village.
TransCanada filed a Strategic Lawsuit Against Public Participation (SLAPP) last week, naming 19 individual defendants, three organizations, and another six unidentified tree-sitters. The broad civil action seeks an injunction, declaratory relief and damages.
Most of the defendants have been arrested in previous Tar Sands Blockade actions. Ron Seifert, the Blockade’s media spokesman, was also named, although he has not yet been arrested in connection with the ongoing protest. Actor Daryl Hannah, who was arrested while defending Area Landowner Eleanor Fairchild’s home, is not named in the SLAPP suit. Fairchild, however, is named in the suit.
Another activist, going by the name Kevin Redding due to security concerns, recently escaped arrest at a secondary tree-sit the Blockade launched last week at West End Nature Preserve outside Mt. Vernon, Texas, where TransCanada had announced plans to cut trees.
“I’ve lived in Texas my whole life, and when I heard about TransCanada putting the pipeline through, I didn’t like the idea of any part of Texas having a tar sands pipeline going through it,” Redding told Truthout. “I’ve been here for a long time, and I don’t plan on going anywhere.”
Redding said local police tried to intimidate him, as he sat in a tree, with threats that he would be charged with terrorism. When company representatives said they would under-bore through the preserve, rather than cut trees in the ecologically sensitive area, the activist left the site, unobserved.
Monday’s action comes on the heels of an ongoing police crackdown not only on the tree-sitters, but also on journalists trying to tell their story. Two New York Times reporters were detained Oct. 10 while covering the tree-sit. They were released after identifying themselves as media.
A college professor from St. Louis, Missouri has released research claiming that the U.S. Army conducted secret Cold War tests by spraying toxic radioactive chemicals on cities like St. Louis and Corpus Christi.
St. Louis Community College-Meramec sociology professor Lisa Martino-Taylor told The Associated Press that her research showed that the Army may have sprayed radioactive particles with zinc cadmium sulfide while claiming that it was testing a smoke screen that could prevent Russians from observing St. Louis from the air.
Those tests were concentrated in predominately-black areas of the city, which Army documents called “a densely populated slum district.”
In 1994, the Army confirmed to Congress that St. Louis was chosen because it resembled Russian cities that the U.S. might have to attack with biological weapons.
“The study was secretive for reason,” Martino-Taylor explained to KDSK last month. “They didn’t have volunteers stepping up and saying yeah, I’ll breathe zinc cadmium sulfide with radioactive particles.”
Documents showed that the Army used airplanes to drop the chemicals in Corpus Christi, but sprayers were mounted on station wagons and buildings in St. Louis.
“It was pretty shocking. The level of duplicity and secrecy. Clearly they went to great lengths to deceive people,” Martino-Taylor observed. “This was a violation of all medical ethics, all international codes, and the military’s own policy at that time.”
“There is a lot of evidence that shows people in St. Louis and the city, in particular minority communities, were subjected to military testing that was connected to a larger radiological weapons testing project.”
Doris Spates lived in one of those impoverished St. Louis neighborhoods as a child and has survived cervical cancer. But four of her siblings and her father weren’t as lucky. All five have died of cancer.
“I’m wondering if it got into our system,” Spates told the AP. “When I heard about the testing, I thought, ‘Oh my God. If they did that, there’s no telling what else they’re hiding.’”
Last month, both Missouri Sens. Claire McCaskill (D) and Roy Blunt (R) demanded that Army Secretary John McHugh come clean about the testing. For its part, the Army refused to comment on the matter until it had responded to the senators, the AP reported.
Nine people sitting 80 feet above ground in tree platforms on the path of TransCanada’s Keystone XL construction enter their third day of sustained action to stop the toxic tar sands pipeline. The sitters are undeterred by TransCanada’s role in the torture of their fellow blockaders.
Tuesday, Shannon Bebe and Benjamin Franklin delayed construction for most of the day when they locked arms around construction machinery, intent on protecting East Texas homes. The two were subjected to torture tactics by police only after TransCanada’s senior supervisors huddled with law enforcement to actively encourage the use of extreme pain compliance techniques on the peaceful protesters.
Immediately following TransCanada’s consultation, law enforcement handcuffed the protesters’ free hands to the heavy machinery in stress positions and proceeded to use sustained chokeholds, violent arm-twisting, pepper spray, and repeated tasering to coerce the two to abandon their protest. Extraordinarily, despite their torture, the two endured for over five hours, affirming their courageous stance that taking action now is less of a risk than doing nothing.
Upon the protesters’ arrest, TransCanada supervisors were seen and heard congratulating law enforcement on a job well done.
“TransCanada has frequently claimed its interest in protecting the safety of workers and protestors but now we can see that’s all a lie,” said Ron Seifert a spokesperson with Tar Sands Blockade. “Now that they have actively encouraged the torture of peaceful protestors its clear that this multinational corporation assigns no value to the basic humanity that all Texans and people everywhere deserve.”
With the news that their friends had been tortured with TransCanada’s approval, the eight original tree sitters were bravely joined by another, expanding the tree blockade further as TransCanada’s clear-cutting heavy machinery rapidly approaches. Construction is roughly 300 yards away from the tree blockade. All refuse to come down until TransCanada halts its dangerous pipeline project.
“I climbed this tree three days ago in the path of Keystone XL to demonstrate the dangers of this toxic pipeline and to let TransCanada know that we will continue to non-violently resist their brutal tactics,” said Justin Jacobs, an aerial blockader. “I’m here to defend this land from a multinational corporation who has blatant disregard for the safety of peaceful people, families, and our planet.“
Tar Sands Blockade is a coalition of Texas and Oklahoma landowners and climate justice organizers using peaceful and sustained civil disobedience to stop the construction of the Keystone XL tar sands pipeline.
Concluding hours of hard-fought Keystone XL construction delays, Benjamin Franklin shared, “In light of everything that happened at the direction of TransCanada, I still don’t regret my involvement at all. I encourage everyone to persevere in the face of this type of sheer brutality. To follow one’s moral compass despite extreme challenges is the way we move forward towards a more humane, tar sands-free planet.”
