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Appeals Court Throws Out Case Blocking Keystone XL Tar Sands Pipeline, Relying on New Permit Issued by President Trump

For Immediate Release
June 6, 2019

Contact:

Jake Thompson, NRDC, (202) 289-2387, jthompson@nrdc.org
Mark Hefflinger, Bold Alliance, (323) 972-5192, mark@boldalliance.org
Gabby Brown, Sierra Club, (914) 261-4626, gabby.brown@sierraclub.org
Jared Margolis, Center for Biological Diversity, (802) 310-4054, jmargolis@biologicaldiversity.org
Patrick Davis, Friends of the Earth, (202) 222-0744, pdavis@foe.org
Dustin Ogdin, Northern Plains Resource Council, (406) 228-1154, dustin@northernplains.org

SAN FRANCISCO, CA (June 6, 2019)  — The Ninth Circuit Court of Appeals dismissed a legal challenge to the Keystone XL tar sands pipeline, ruling the case was no longer active due to President Trump’s revocation of the permit at the center of the case. In March, Trump issued a new “presidential” permit for Keystone XL, in an effort to spur construction of the pipeline.

Previously, a federal district court in Montana determined the environmental review for the pipeline was incomplete and blocked construction until the government complies with the law. It was widely reported that President Trump took the extraordinary step of issuing a new permit to undermine the Montana court’s decision. Despite these moves, TC Energy (formerly TransCanada), the pipeline’s developer, recently informed investors that it was too late to begin construction of the pipeline in 2019.

The following are reactions to the decision:

“The Keystone XL pipeline is a disaster waiting to happen and we will not stop fighting it, or President Trump’s extraordinary misuse of executive power to disregard the courts and environmental laws. We will explore all available legal avenues to stop this dirty tar sands oil pipeline from ever being built and endangering our communities and climate,” said Jackie Prange, senior attorney with the Natural Resources Defense Council.

“Landowners and Tribal Nations in Nebraska, South Dakota and Montana will continue to fight in the courts, despite this decision that ignores our voices and our nation’s environmental laws in favor of the Trump Administration’s attempt to fast-track a risky tar sands export pipeline that threatens our land, water and climate. We know this ten-year battle is still far from over, and we’ll continue to stand together against Keystone XL at every opportunity,” said Mark Hefflinger, communications director for Bold Alliance.

“Despite today’s ruling, we remain confident that Keystone XL will never be built,” said Sierra Club senior attorney Doug Hayes. “This proposed project has been stalled for a decade because it would be all risk and no reward, and despite the Trump administration’s efforts, they cannot force this dirty tar sands pipeline on the American people.”

“The court is condoning blatant disregard for environmental laws and allowing regulators to put oil company profits over clean waterways and the people and species that rely on them,” said Jared Margolis, a senior attorney at the Center for Biological Diversity. “The Trump administration thinks it’s getting away with approving this dangerous project without adequate environmental review, but we’ll keep fighting Keystone XL to protect the people and wildlife in its path and prevent further harm to our climate.”

“Trump’s actions were a clear overreach to help corporate polluters,” said Marcie Keever, legal director at Friends of the Earth. “Today’s decision attempts to foist an unnecessary and dirty project on communities while imperiling our environment. The Keystone XL pipeline is a direct attack on Americans’ right to safe, unpolluted resources.”

“The Keystone XL pipeline would threaten the livelihoods of our farmers and ranchers and endanger drinking water for tens of thousands of Montanans,” said Dena Hoff, a Northern Plains member and Montana farmer. “Despite the Trump administration’s best efforts to upend the rule of law to serve a foreign corporation, we will continue the fight for clean water and the safety of Montanans every step of the way.”

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.4 million members and online activists dedicated to the protection of endangered species and wild places.

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350.org on Trump’s executive order to expedite pipeline permits

For Immediate Release
April 10, 2019

CROSBY, TX (April 10, 2019)  — Today, as Donald Trump touted backing the US out of the Paris Climate Agreement and ramming through dangerous pipelines like Keystone XL and Dakota Access, he signed two executive orders expediting the permitting process for risky and toxic oil and gas pipelines, and limiting states’ decision-making power on such projects. This comes a week after a KMCO chemical plant explosion killed one person and injured two more.

350.org Executive Director May Boeve issued the following statement in response:

“This is a massive abuse of power that does nothing other than line the pockets of Trump’s fossil fuel billionaire friends, all at the expense of our democracy and our safety. Trump can try to rewrite regulations in favor of Big Oil by spreading disinformation and lies, but he can’t stop people power and our movement. We will continue to fiercely oppose dirty projects like Keystone XL through the US heartlands, the Williams pipeline in New York, and many more across the country. Right now, a coalition of Indigenous leaders, farmers, ranchers, and climate activists, who have been fighting pipelines for years, are training people in 10 cities across the U.S. to strengthen our resistance. Any public official claiming to a be real climate leader must rebuke Trump’s latest order, and stand with communities pushing for a Green New Deal to ensure a just transition from fossil fuels to a 100% renewable energy economy.”

A coalition of Indigenous leaders, farmers, ranchers, and national organizations launched the ‘Promise to Protect’ training tour, bringing knowledge from the frontlines of the fight against Keystone XL to local fossil fuel resistance happening across the country. The tour, named for the commitment made by more than 25,000 people to mobilize against the Keystone XL pipeline, will stop in 10 cities across the U.S. and several reservations along the pipeline route.

A rigorous report released last month revealed Williams Company and utilities manufactured a false demand in attempts to fasttrack pipelines. On Thursday, April 18, New Yorkers will march over the Brooklyn Bridge demanding Governor Andrew Cuomo walk the talk on a Green New Deal, starting by rejecting the Williams fracked gas pipeline before Earth Day.

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Contact: Thanu Yakupitiyage, US Communications Manager, thanu@350.org

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Landmark climate victory: Federal court rejects sale of public lands for fracking

For Immediate Release
March 20, 2019

WASHINGTON― In a landmark victory for climate, health, and public lands, a federal judge late yesterday rejected the sale of public lands for fracking and ordered a halt to drilling on more than 300,000 acres in Wyoming.

“This ruling is a triumph for our climate,” said Jeremy Nichols, WildEarth Guardians’ Climate and Energy Program director. “To limit greenhouse gas emissions, we have to start keeping our fossil fuels in the ground and putting an end to selling public lands for fracking. This decision is a critical step toward making that happen.”

“Fracked gas is dangerous for people and terrible for the climate,” said Barbara Gottlieb, Environment and Health Program director for Physicians for Social Responsibility. “This latest court win is not only a victory for our health and future, but it reinforces that the oil and gas industry doesn’t get a free pass to pollute.”

While the ruling applies to Wyoming, it has implications for public lands across the American West and is a major rebuke to the Trump administration’s anti-environment, anti-climate agenda.

In 2016, WildEarth Guardians, Physicians for Social Responsibility, and the Western Environmental Law Center sued the U.S. Department of the Interior and the Department’s Bureau of Land Management for failing to account for the climate consequences of selling public lands for fracking in the American West.

The suit targeted more than 460,000 acres of public lands in Colorado, Utah, and Wyoming that were leased to the oil and gas industry in 2015 and 2016. An interactive map of these lands is available here >>

When leasing, the Bureau of Land Management refused to calculate and limit the greenhouse gas emissions from future oil and gas development.

During the case, the judge decided to address 303,000 acres of leases in Wyoming first. In his ruling, U.S. District Court Judge Rudolph Contreras held the Bureau “did not adequately quantify the climate change impacts of oil and gas leasing,” violating federal environmental laws.

“It’s high time the federal government was held accountable for the costs of sacrificing our public lands for dirty oil and gas,” said Samantha Ruscavage-Barz, managing attorney for WildEarth Guardians. “This win demonstrates the Trump administration can’t legally turn its back on climate change.”

Last fall, scientists with the Department of the Interior released an assessment of greenhouse gas emissions from the production and consumption of fossil fuels from public lands. The report found these emissions, which come from federal coal, as well as offshore and onshore oil and gas, accounted for 25 percent of all U.S. climate pollution.

At the same time, federal climate scientists released Volume II of the Fourth National Climate Assessment, which sounded new alarms over the costs of climate change to the U.S. The report called for “immediate and substantial global greenhouse gas emissions reductions” to prevent the most catastrophic impacts of climate change.

“With the science mounting that we need to aggressively rein in greenhouse gases, this ruling is monumental,” said Kyle Tisdel, attorney and Energy and Communities Program director for the Western Environmental Law Center. “Every acre of our public land sold to the oil and gas industry is another blow to the climate, making this ruling a powerful reality check on the Trump administration and a potent tool for reining in climate pollution.”

More than 25 million acres of public lands in the U.S. have been leased to the oil and gas industry for development. More than 20 million of these acres are located in the western states of Colorado, Montana, New Mexico, Nevada, Utah, and Wyoming.

Under Trump, the pace of leasing public lands for oil and gas development has surged. In 2018, nearly 4 million acres were put up for sale to the oil and gas industry. So far in 2019, the administration auctioned off or proposed leasing more than 2.1 million acres.

Judge Contreras’ ruling today signals that unless the Department of the Interior and Bureau of Land Management begin fully accounting for the climate costs of all oil and gas leasing in the U.S., the agencies will be running afoul of federal law.

The Judge stated, “[The] agency must consider the cumulative impact of GHG [greenhouse gas] emissions generated by past, present, or reasonably foreseeable BLM lease sales in the region and nation.”
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Contacts:

Kyle Tisdel, Western Environmental Law Center, (575) 770-7501, tisdel@westernlaw.org

Jeremy Nichols, WildEarth Guardians, (303) 437-7663, jnichols@wildearthguardians.org

Barbara Gottlieb, Physicians for Social Responsibility, (202) 587-5225, bgottlieb@psr.org

Samantha Ruscavage-Barz, WildEarth Guardians, (505) 401-4180, sruscavagebarz@wildearthguardians.org

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During Shutdown, Trump Urged to Halt Fracking Permits, 2 Million-acre Lease Sale

For Immediate Release
January 17, 2019

Contacts: Rebecca Fischer, WildEarth Guardians, (406) 698-1489, rfischer@wildearthguardians.org
Kelly Fuller, Western Watersheds Project, (928) 322-8449, kfuller@westernwatersheds.org
Taylor McKinnon, Center for Biological Diversity, (801) 300-2414, tmckinnon@biologicaldiversity.org

WASHINGTON― Conservation groups today called on the Trump administration to halt oil and gas drilling permits and cancel lease sales being developed during the government shutdown, saying they violate federal law. Auctions scheduled in February and March span six states and 2.3 million acres of public lands ― the largest quarterly lease sales in at least a decade.

“It’s absolutely outrageous, not to mention illegal, that Trump is rolling out the red carpet for the oil and gas industry while the American people can’t even reach an agency staffer by phone,” said Rebecca Fischer, climate and energy program attorney with WildEarth Guardians. “We’ve been completely shut out of decisions affecting our public lands, and we won’t stand for it.”

Issuing drilling permits during the shutdown violates the National Environmental Policy Act and Federal Land Policy and Management Act, the groups said in a letter to acting Interior Secretary David Bernhardt. The public can’t view or provide feedback on new permits or environmental reviews since the Bureau of Land Management’s offices are closed and agency scientists furloughed.

The furloughs have also halted any work on whether environmental analysis should be required before issuing drilling permits or leasing public land for fracking. The BLM has posted public notice of at least 127 new drilling-permit applications in several states during the shutdown.

“The Trump administration is trying to use the government shutdown to do an end run around the laws that protect our air, water, and wildlife,” said Kelly Fuller, energy and mining campaign director at Western Watersheds Project. “But the Department of the Interior can’t hide forever. Sooner or later they are going to have to start talking to the public, and the longer they wait to do it, the more lawbreaking they’ll have to explain.”

Issuing drilling permits during the shutdown also violates the Antideficiency Act, which prohibits work without pay in the absence of congressional appropriations except to protect life or property. The BLM cannot require its employees to work without pay to approve drilling permits for the oil and gas industry, the groups said.

“The only thing trashier than our national parks during this shutdown has been the Trump administration’s coddling of the oil industry,” said Taylor McKinnon of the Center for Biological Diversity. “Furloughed federal workers can’t pay their mortgages, but Trump is hellbent on ensuring profits for fossil-fuel corporations. Not one new lease or drilling permit should be allowed under these conditions.”

The groups are calling on the BLM to halt February and March oil and gas lease sales in Wyoming, Utah, Nevada, New Mexico, Colorado and Montana. Furloughed biological- and cultural-resource specialists cannot evaluate public comments on those sales, conduct environmental reviews or consult with tribes as required by law.

Citing similar reasons, a second coalition of conservation groups today also called on Bernhardt to cancel those sales.

According to an analysis by the Center for Biological Diversity, if all the parcels offered in the February and March sales were developed, it would create up to 407 million tons of greenhouse gas pollution. That’s the equivalent of the annual climate pollution from 104 coal-fired power plants.

 
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.4 million members and online activists dedicated to the protection of endangered species and wild places.
Western Watersheds Project is a nonprofit environmental conservation organization that works to protect and restore watersheds and wildlife throughout the West.
WildEarth Guardians is a nonprofit environmental advocacy organization dedicated to protecting the wildlife, wild places, wild rivers, and health of the American West. Guardians envisions a future in which communities are empowered to choose the kind of power, jobs, and local solutions that benefit current and future generations—solutions that will also enable us to confront the climate crisis.

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In Blow to Pipeline Project, Court Invalidates Trump Administration’s Keystone XL Environmental Review, Blocks Construction

For Immediate Release, November 9, 2018

Contact: Margie Kelly, Natural Resources Defense Council, (541) 222-9699, mkelly@nrdc.org
Mark Hefflinger, Bold Nebraska, (323) 972-5192, mark@boldalliance.org
Gabby Brown, Sierra Club, (914) 261-4626, gabby.brown@sierraclub.org
Jared Margolis, Center for Biological Diversity, (802) 310-4054, jmargolis@biologicaldiversity.org
Patrick Davis, Friends of the Earth, (202) 222-0744, pdavis@foe.org
Dustin Ogdin, Northern Plains Resource Council, (406) 228-1154, dustin@northernplains.org
Dena Hoff, Northern Plains Resource Council, (406) 939-1839

GREAT FALLS, MT (November 9, 2018) — A federal judge ruled yesterday that the Trump administration violated bedrock U.S. environmental laws when approving a federal permit for TransCanada’s proposed Keystone XL tar sands pipeline project. The judge blocked any construction on the pipeline and ordered the government to revise its environmental review.

The decision is a significant setback for a pipeline that investors are already seriously questioning. TransCanada has not yet announced a Final Investment Decision on whether to move forward and build Keystone XL should it receive all the necessary permits.

U.S. District Court Judge Brian Morris found that the Trump administration’s reliance on a stale environmental review from 2014 violated the National Environmental Policy Act, the Endangered Species Act and the Administrative Procedure Act. This ruling follows the court’s previous decision on August 15 to require additional analysis of the new route through Nebraska.

The court required the U.S. Department of State to revise the proposed project’s environmental impact statement to evaluate the extraordinary changes in oil markets that have occurred since the previous review was completed in 2014; to consider the combined climate impacts of approving both the Keystone XL and other tar sands pipelines; to study the many cultural resources along the pipeline’s route; and to examine the harmful risks of oil spills on nearby water and wildlife.

The State Department must also provide a reasoned explanation for its decision to reverse course and approve the permit, after the Obama administration denied it just three years ago on the same set of facts.

Based on these violations, the court ordered the State Department to revise its environmental analysis, and prohibited any work along the proposed route — which would cross Nebraska, South Dakota, and Montana — until that analysis is complete. Keystone XL would have carried up to 35 million gallons a day of Canadian tar sands — one of the world’s dirtiest energy sources — across critical water sources and wildlife habitat to Gulf Coast refineries.

Plaintiffs Northern Plains Resource Council, Bold Alliance, Center for Biological Diversity, Friends of the Earth, Natural Resources Defense Council and Sierra Club filed the lawsuit in March 2017 in the U.S. District Court for the District of Montana.

Quotes

“Today’s ruling is a victory for the rule of law, and it’s a victory for common sense stewardship of the land and water upon which we all depend. Despite the best efforts of wealthy, multinational corporations and the powerful politicians who cynically do their bidding, we see that everyday people can still band together and successfully defend their rights. All Americans should be proud that our system of checks and balances can still function even in the face of enormous strains,” said Dena Hoff, Montana farmer and member-leader of the Northern Plains Resource Council.

“Farmers and our Tribal Nation allies in Nebraska, South Dakota and Montana celebrate today’s victory foiling the Trump administration’s scheme to rubber-stamp the approval of Keystone XL. This now ten-year battle is still far from over. We’ll continue to stand together against this tar sands export pipeline that threatens property rights, water and climate at every opportunity, at every public hearing. People on the route deserve due process and the Ponca Trail of Tears must be protected,” said Mark Hefflinger, communications director for Bold Alliance.

“Today’s ruling makes it clear once and for all that it’s time for TransCanada to give up on their Keystone XL pipe dream,” said Sierra Club Senior Attorney Doug Hayes. “The Trump administration tried to force this dirty pipeline project on the American people, but they can’t ignore the threats it would pose to our clean water, our climate, and our communities.”

“This is a complete repudiation of the Trump administration’s attempts to evade environmental laws and prioritize oil company profits over clean water and wildlife,” said Jared Margolis, senior attorney with the Center for Biological Diversity. “Keystone XL would devastate species and put communities at risk of contamination. There’s simply no excuse for approving this terrible project. We need to move away from fossil fuel dependence, not support more devastation.”

“Keystone XL would be a disaster for the climate and for the people and wildlife of this country,” said Jackie Prange, senior attorney at the Natural Resources Defense Council. “As the court has made clear yet again, the Trump administration’s flawed and dangerous proposal should be shelved forever.”

“Today’s ruling is a decisive moment in our fight against the corporate polluters who have rushed to destroy our planet,” said Marcie Keever, legal director at Friends of the Earth. “Rejecting the destructive Keystone XL pipeline is a victory for the grassroots activists who have worked against the Keystone XL pipeline for the past decade. Environmental laws exist to protect people and our lands and waters. Today, the courts showed the Trump administration and their corporate polluter friends that they cannot bully rural landowners, farmers, environmentalists and Native communities.”

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1 million members and online activists dedicated to the protection of endangered species and wild places.

 

*** The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1 million members and online activists dedicated to the protection of endangered species and wild places. ***
 

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Lawsuit Challenges Trump Administration’s Texas Border Wall Waivers

For Immediate Release, October 18, 2018

Contact: Jean Su, Center for Biological Diversity, (415) 770-3187, jsu@biologicaldiversity.org
Natalia Lima, Animal Legal Defense Fund, (201) 679-7088, nlima@aldf.org
Rebecca Bullis, Defenders of Wildlife, (202) 772-0295, rbullis@defenders.org

WASHINGTON (October 18, 2018) — Conservation groups sued the Trump administration today for waiving 28 conservation laws to speed construction of the border wall along the Rio Grande Valley in Texas.

Border-wall construction would cut through the Lower Rio Grande Valley National Wildlife Refuge, National Butterfly Center, Bentsen-Rio Grande State Park and the grounds of the historic La Lomita Chapel, as well as family farms and other private property.

“The Trump administration is casting aside bedrock environmental protections with no regard for human health, wildlife or the law,” said Jean Su, an attorney at the Center for Biological Diversity. “Waiving these laws is disastrous for border communities and imperiled animals, and it’s unconstitutional. We hope the courts stop Trump’s reckless abuse of power before bulldozers destroy some of the most spectacular wildlands in Texas.”

Today’s filing in U.S. District Court in Washington, D.C. says the Department of Homeland Security does not have authority to waive the Endangered Species Act, National Environmental Policy Act or other laws that protect clean air, clean water, public lands and wildlife in the borderlands.

The department wants to sweep aside these laws to speed construction of 18 miles of 30-foot-high, levee-style border walls in Hidalgo County, as well as gates and other border-wall infrastructure in Cameron County.

The levee-style walls planned for construction will block the natural migration of wildlife and cause dangerous flooding. Existing walls have been implicated in the deaths of hundreds of Texas tortoises and other animals due to flooding, which is common in the Rio Grande Valley.

The waivers also will allow bulldozing of a 150-foot “enforcement zone” south of the wall and installation of surveillance equipment, lighting and other infrastructure with no meaningful environmental review.

“These most recent waivers of vital environmental and animal-protection laws demonstrate the administration’s continued disregard for wildlife, including the most fragile species that could be pushed to extinction by these projects,” said Animal Legal Defense Fund Executive Director Stephen Wells. “Building a wall that cuts through the heart of vital parks, wildlife refuges and the National Butterfly Center will have devastating effects on these critical areas and the wildlife that calls these areas their home.”

Dozens of rare wildlife species, including the ocelot, jaguarundi and aplomado falcon, make their homes in this region of Texas, as do hundreds of species of migratory birds and butterflies. The area is also within historic jaguar habitat.

“The administration’s latest actions spotlight their willingness to gamble with our country’s natural heritage and environmental health,” said Bryan Bird, Southwest program director for Defenders of Wildlife. “Ignoring environmental and public-safety laws puts wildlife and borderland communities in the region at unnecessary risk and denies the public due process. We will do whatever it takes to fight these reckless decisions and to protect the Lower Rio Grande Valley for future generations.”

Today’s lawsuit states that the waiver authority, granted in 2006, expired years ago and is an unconstitutional delegation of power to the department. The waiver authority applied to border-wall construction under the 2006 Secure Fence Act, which required the agency to build hundreds of miles of border barriers. That mandate was met several years ago, with the department using REAL ID authority five times to waive more than 35 laws on 625 miles of border-wall and barrier construction.

Last week’s border-wall waivers were issued in the middle of a public comment period that remains open until Nov. 6. So far more than 9,000 people have said they oppose the plan. U.S. Customs and Border Protection opened the comment period after the Center and 42 groups requested public input and increased transparency.

Beyond jeopardizing wildlife, endangered species and public lands, the U.S.-Mexico border wall is part of a larger strategy of ongoing border militarization that damages human rights, civil liberties, native lands, local businesses and international relations.

The border wall impedes the natural migrations of people and wildlife that are essential to healthy diversity.
Maps by Kara Clauser, Center for Biological Diversity. These maps are available for media use.
 

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1 million members and online activists dedicated to the protection of endangered species and wild places.
Defenders of Wildlife is dedicated to the protection of all native animals and plants in their natural communities. With over 1.8 million members and activists, Defenders of Wildlife is a leading advocate for innovative solutions to safeguard our wildlife heritage for generations to come. For more information, visit Newsroom.Defenders.org and follow us on Twitter @DefendersNews.
The Animal Legal Defense Fund was founded in 1979 to protect the lives and advance the interests of animals through the legal system. To accomplish this mission, the Animal Legal Defense Fund files high-impact lawsuits to protect animals from harm; provides free legal assistance and training to prosecutors to assure that animal abusers are punished for their crimes; supports tough animal protection legislation and fights harmful legislation; and provides resources and opportunities to law students and professionals to advance the emerging field of animal law. For more information, please visit aldf.org.

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Rebuilding Stronger: National Wildlife Federation Outlines 12 Recommendations to Protect America from Hurricanes, Worsening Extreme Storms

For Immediate Release, September 27, 2018

Contact: Mike Saccone, National Wildlife Federation, SacconeM@NWF.org, 202-797-6634 

WASHINGTON, DC (October 3, 2018) — In the wake of yet another record-breaking hurricane, the National Wildlife Federation urged Congress to act on a series of urgent, comprehensive steps to prepare America for rising oceans and worsening storms. Rebuilding Stronger: 12 Priority Policies to Better Protect our Nation from Extreme Storms documents lessons learned from Hurricane Florence, which dumped up to 36 inches of rain in parts of North Carolina and about nine trillion gallons of water total on the Carolinas. The storm took more than 40 lives, cut off power for hundreds of thousands, and polluted rivers with spills from coal ash and pig waste lagoons.

“America needs a national commitment to protecting communities from the staggering destruction of extreme storms, like Hurricane Florence. Our communities and wildlife are at-risk because of decades of inaction, but we have highlighted concrete ways Congress can safeguard communities, protect wildlife, promote resilience and adapt to worsening storms, exacerbated by climate change,” said Collin O’Mara, president and CEO of the National Wildlife Federation. “We’re asking Congress not just to fund damage repair for this storm, but to take a series of low-cost or even cost-saving steps to better prepare communities across America for future storms.”

Rebuilding Stronger recommends that Congress:

Prioritize Natural Infrastructure Solutions for Hazard Risk Reduction
Reform the National Flood Insurance Program
Increase Investment in Resilience and “Pre-sponse”  
Reinstate the Federal Flood Risk Management Standard
Ensure Clean Water Act Safeguards Protect Existing Wetlands, Waterways, and Natural Floodplains
Ensure Meaningful Public Input and Environmental Review 
Improve Stormwater Management 
Address Dangerous and Outdated Infrastructure 
Ensure Climate-Resilient Siting and Design of Toxic Pollutant Storage Facilities
Ensure Climate-Resilient Siting, Design, and Management of Concentrated Animal Feeding Operations.
Ensure Full Funding for Farm Bill Conservation Programs
Advance Climate and Clean Energy Solutions

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Earthworks: Senate Committee to Hold Hearing on Interior’s “Critical” Minerals List

FOR IMMEDIATE RELEASE

July 17, 2018
Contact: Alan Septoff, aseptoff@earthworks.org, 202.887.1872×105
Aaron Mintzes, amintzes@earthworks.org,  919-302-6393

WASHINGTON, DC (July 17, 2018) – Today Earthworks’ Senior Policy Counsel is testifying before the full Senate Energy & Natural Resources Committee as it examines the Department of the Interior’s Final List of Critical Minerals.

Interior published the list in response to President Trump’s December 20, 2017 executive order, “A Federal Strategy to Ensure Secure and Reliable Supplies of Critical Minerals”. Presidents Trump’s order followed multiple failed attempts by Congress, most recently introduced by Rep. Amodei (R-NV), to gut the mine permitting process for so-called ‘critical minerals’.

The Interior & Commerce Departments (and other agencies)  are now charged to provide policy strategies to the President, including “recommendations to streamline permitting and review processes related to developing leases; enhancing access to critical mineral resources; and increasing discovery, production, and domestic refining of critical minerals.”

Statement of Earthworks Senior Policy Counsel Aaron Mintzes
“Reforming so-called “critical” minerals policy is simply the mining lobby’s latest gambit in a decade-long attempt to eviscerate community and environmental oversight of their industry — the nation’s largest toxic polluter.

We need to strengthen our outdated mining laws, not weaken already flimsy community and taxpayer protections. Families across the country live with pollution from irresponsible mining, and taxpayers — not polluters — too often pay for a cleanup bill which has reached $50 billion.”

FOR MORE INFORMATION

Senate Energy & Natural Resources Full Committee Hearing to Examine the Department of the Interior’s Final List of Critical Minerals; July 17 2018, 10am, Dirksen Room 366
Written testimony of Earthworks Senior Policy Counsel Aaron Mintzes
Mintzes’ statement upon release of Interior’s Final List of Critical Minerals
Federal Register notice publishing Interior/USGS final list of critical minerals
U.S. Environmental Protection Agency’s Toxics Release Inventory Ranking of Top Toxic Polluters by Industry

 
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West Virginia Hits Fracked Gas Pipeline With Third Environmental Citation

For Immediate Release
 
Contact: Doug Jackson, 202.495.3045 or doug.jackson@sierraclub.org

CHARLESTON, WV (June 15, 2018) — The West Virginia Department of Environmental Protection (DEP) issued a Notice of Violation (NOV) to the fracked gas Mountain Valley Pipeline following an investigation on June 6, 2018. This is already the third citation issued to MVP in its nascent construction phase. This time, regulators punished MVP for failing to modify their Storm Water Pollution Prevention Plan (SWPPP) after it was proven to be ineffective, for failing to implement proper runoff controls, and for failing to prevent sediment-laden water from leaving the construction site without proper treatment.
It is especially noteworthy that the MVP would receive three NOVs in such a short time from West Virginia, a state that is notoriously loathe to regulate the fossil fuel industry. For example, at the Brushy Fork coal slurry impoundment, the WV DEP did not pull their permit after several violations, eventually leading to underground coal sludge injections that poisoned well water in surrounding communities. Similar concerns were raised around a chemical spill into the Elk River.
In response, Sierra Club Organizing Manager Bill Price released the following statement:
“After getting their second Notice of Violation, MVP said they were committed to building their fracked gas pipeline ‘the right way.’ Well, if this is right way to build a pipeline, I’m terrified to see what the wrong way looks like.
“We have said all along and will repeat it again – there is no need to build this dirty, dangerous fracked gas pipeline. Clean, renewable energy sources are abundant and affordable and we shouldn’t risk West Virginia’s water, climate, and communities just to boost the bottom line of a polluting corporation.”
 
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About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters. In addition to helping people from all backgrounds explore nature and our outdoor heritage, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.

 

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House votes to cut oversight of nation’s top toxic polluter

For Immediate Release
 
Contact: Alan Septoff, (202) 887-1872×105, aseptoff@earthworksaction.org

Washington, D.C. (May 23, 2018) — Today, the House of Representatives voted 229 to 183 to support corporate mining interests over public interests. Rep. Amodei’s (R-NV) amendment to the defense bill funding our troops masquerades as critical minerals policy, but instead threatens our waters and disempowers our communities.

Truly critical are clean water, air and public health. Our bedrock environmental laws also allow communities to have a say in projects that impact them. Limiting input from mining-affected communities would take us in the wrong direction. We need to change U.S. mining policy, but not by loosening oversight, nor by cutting the public out of our government’s decisions. We need accountability. Communities across the country live with pollution from mining accidents. And taxpayers — not the polluters — too often pay for cleanup. Comprehensive reform of the outdated 1872 General Mining Law is the solution to this problem, not giving the mining industry yet another special favor.”

Background

Masquerading as a bill about “strategic and critical minerals,” this amendment strips key water, health and community protections against the nation’s largest toxic polluter, the hardrock mining industry.

The amendment, based on Rep. Amodei’s HR 520, defines nearly anything dug from the ground as a “critical” mineral including common minerals like sand and gravel. For more than 40 years, NEPA (National Environmental Policy Act) reviews have provided regulatory certainty and a transparent, fair process for permit seekers and communities to engage their government in mining permitting decisions. Representative Amodei’s amendment would do away with this well-established process.

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