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Trump’s swap of ‘irreplaceable’ wilderness allows millions of dollars in seafood transport

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This story was originally published by Reveal and is reproduced here as part of the Climate Desk collaboration.

Cold Bay, Alaska — At the spot where a rugged chain of islands breaks away from the Alaska Peninsula, a secluded national refuge protects millions of seabirds, grizzly bears, and caribou.

Framed by snow-capped mountains and smoky volcanoes, the refuge holds an irreplaceable underwater grass forest, where the world’s population of a tuxedo-colored sea goose — 150,000 of them — fattens up before a nonstop 60-hour migration to Mexico.

For six decades, the Izembek National Wildlife Refuge, tucked along the coast of the Bering Sea, has been protected as one of the wildest nature spots on Earth, remote enough to escape development.

But that isolation has been shattered. Seven noisy helicopters swooped down 80 times over two days in July to land on the narrow isthmus where animals nest, feed, and migrate.

Then-Interior Secretary Ryan Zinke, prodded by President Donald Trump, ordered the surprise helicopter survey to prepare to bulldoze a 12-mile road through the refuge’s federally protected wilderness.

Almost a year ago, on a day that the federal government was briefly shut down, Zinke quietly signed a land swap, evading Congress, which has wrestled with the issue for decades. The Interior Department is trading the swath of Izembek’s wilderness to Aleut Natives so their cannery town of King Cove can build the final 12 miles of a 37-mile gravel road to the Cold Bay Airport. In exchange, the federal government gets an equal amount of Aleut land.

In crafting the deal, Zinke rejected the warnings of his department’s scientists. After a four-year study, the U.S. Fish and Wildlife Service, which oversees the refuge, concluded that allowing a road through the refuge would “lead to significant degradation of irreplaceable ecological resources.” It also would jeopardize the global survival of a migratory sea goose, called the Pacific black brant, as well as the emperor goose and other waterfowl, the agency said.

Trump and Zinke have worked behind the scenes to deliver the road to the rural Aleut government of King Cove, which has spent almost 50 years lobbying Congress and the Interior Department. The Aleut say the road is essential to transport patients with medical emergencies to the Cold Bay Airport, where they could then fly to an Anchorage hospital.

Zinke, who left office last week amid multiple ethics investigations, billed his action as allowing a “lifesaving road” for the roughly 1,000 residents of King Cove.

But a close examination of the agreement and the history of the road deal suggests that it is more about selling seafood than saving lives.

The black-and-white line shows the proposed route for the road through the Izembek National Wildlife Refuge. It would run through habitat for brown bears, caribou, and dozens of bird species.

A document dating back two decades shows that hauling fish, not patients, was the Aleuts’ original motive for building a road through the national refuge. When that strategy failed, they and Alaska Republican leaders switched to focus on medical necessity.

Now the new land swap deal includes a little-known provision forged by the Interior Department that would allow King Cove fishermen to transport tens of millions of dollars of salmon, crab, cod, and other seafood on their way to lucrative Asian markets.

The economy of King Cove is almost totally dependent on commercial fishing. It’s home to the Peter Pan Seafoods cannery, owned by the world’s largest fish processor, Maruha Nichiro Corp. of Japan.

Under the agreement signed by Zinke, the road will be “generally for noncommercial purposes.” But the deal also contains this provision: “The commercial transport of fish and seafood products, except by an individual or a small business, on any portion of the Road shall be prohibited.”

The term “small business” can leave the wrong impression, though. A fishing business is defined as small when it has annual revenue no higher than $20.5 million for finfish, $5.5 million for shellfish or $7.5 million for other marine fish, according to federal codes.

The wording would prevent giant Peter Pan Seafoods, which reports about $225 million in annual sales, from driving fresh seafood to the airport to fly it to Asia and elsewhere. But King Cove’s commercial fishermen — including all of its Aleut leaders — would qualify under those income restrictions to use the road for transporting their fish and seafood, according to state data on seafood earnings. And Peter Pan could use it to transport its workers, up to 500 in peak salmon season.

Zinke and Aleut leaders never mentioned or explained the loophole when discussing the land swap in public.

King Cove’s economy is almost totally dependent on commercial fishing. It’s home to the Peter Pan Seafoods cannery, owned by the world’s largest fish processor, Maruha Nichiro Corp. of Japan.Ash Adams / Reveal

The provision “could easily be exploited” for business purposes, said Deborah Williams, a former Interior Department attorney. The agreement between Zinke and King Cove “could — but does not — restrict the use of the road to health and safety issues,” she said.

A road would disturb more than just its immediate path. It would bring traffic and noise and give King Cove subsistence hunters and visitors easy access to animals in dense, undisturbed parts of the wilderness. It also would bisect the land bridge for bear and caribou, which are sensitive to disturbance, according to wildlife biologists.

The deal will decimate the “most important wildlife refuge in all of Alaska,” said Bruce Babbitt, who rejected the road when he served as interior secretary during the Clinton administration. “Izembek is a convergent point where seabirds migrating out of the Arctic feed. If that link is broken, we’re at risk of extinction of all those bird species.”

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Leaders in King Cove say road opponents are valuing birds and other wildlife more than residents’ medical needs. Lillian Sager is a member of the large Aleut commercial fishing family that has tried to get the road built for decades.

“When I’m stuck in King Cove and the wind is blowing 100 miles an hour and I’m sick, you want to get out of that town. All that is more important than if there is garbage on the road or if (hunters) are going to shoot animals,” said Sager, whose brother is King Cove Mayor Henry Mack.

However, a medical expert disputes that a road through the refuge is a safe way to transport patients. And a federal report has outlined other reliable alternatives.

Peter Mjos oversaw medical evacuations in King Cove for 15 years as the Eastern Aleutian Tribes’ medical director. “Should the road happen, I foresee all sorts of calamity,” he says.Ash Adams / Reveal

A doctor who oversaw medical evacuations in King Cove for 15 years said traveling almost 40 miles on the gravel road during 60 mph winds and blinding snowstorms would be “suicidal” for patients and rescue teams.

“Should the road happen, I foresee all sorts of calamity,” said Peter Mjos, who was the Eastern Aleutian Tribes’ medical director until 2002. He retired from practicing medicine in 2015.

The road is the centerpiece of a campaign by Trump and Alaska’s Republican congressional delegation to monetize the state’s public lands by approving private development, oil drilling, mining, and logging.

Also on Trump’s wish list are oil exploration in the Arctic National Wildlife Refuge, offshore drilling in the Arctic Ocean, logging in the Tongass National Forest, and two mines, one in Bristol Bay and one in mountains west of Fairbanks.

Trump personally promised Alaska Senator Lisa Murkowski that he’d get the road built. He scribbled a note to her on a copy of an October 16, 2017, Washington Post story about the land swap.

“Lisa — We will get it done,” Trump wrote in a note Murkowski shared at a press conference.

Eight months later, a month before the helicopter land survey, Trump asked her, “How’s our beautiful little road doing in Alaska?”

Messaging behind the road shifts

King Cove’s harbors are filled with fishing vessels, battered from weeks at sea. Like their ancestors for the past 9,000 years, the Aleut depend on the ocean for their food, livelihood, and transportation. The town is relatively well off — its median income of almost $73,000 is about 23 percent higher than the national median, though one out of every seven residents lives in poverty.

In these remote parts of Alaska, villages are isolated; roads connecting them are rare. Many of King Cove’s Aleut are prosperous commercial fishing families with cars and trucks but few roads on which to drive.

Currently, people who need more care than a medical clinic can provide are evacuated to the Cold Bay Airport by helicopter or small plane, then flown to Anchorage. Such air transport, however, is hampered by high winds. On average, one or two patients are evacuated from King Cove per month.

Mjos, the retired doctor in King Cove, called the road “a folly.” The area has the highest average wind speeds of anywhere in the United States, and in winter, the road could be buried under several feet of snow and ice. He said it would be safer to transport patients across the bay by ferry.

The federal Army Corps of Engineers, which reviewed marine options for transporting patients, determined in 2015 that the cheapest, most effective solution would be to provide a terminal and ferry in King Cove capable of withstanding waves and ice, along with an improved Cold Bay dock, at an estimated capital cost of $30 million.

More than 30 other rural communities in Alaska that do not have roads use ferries, according to the report. In comparison, building the road would cost the state the same, an estimated $30 million, with unknown annual maintenance costs.

Pacific black brant fly over the Izembek National Wildlife Refuge and land on its eelgrass beds. The world’s population of the sea goose – 150,000 of them – fattens up here before a nonstop 60-hour migration to Mexico.Ash Adams / Reveal

In 1994, King Cove passed a resolution saying the road would “link together two communities having one of the State’s premier fishing ports/harbors (including North America’s largest salmon cannery) in King Cove with one of the State’s premier airports at Cold Bay.”

There was not a single mention of the road being needed to transport sick or injured people.

About 20 years ago, that messaging changed.

According to a review of their public stances, Alaska politicians and the Aleutians East Borough and city of King Cove dropped references to commercial fishing and Peter Pan Seafoods and switched their focus to health and safety in their efforts to secure the road.

Rarely in recent years have Alaska politicians deviated from their public health message. However, in a 2011 visit, Murkowski, the senator, called the road a “critical ingredient in (our) thriving economic future.” And in May, then-Governor Bill Walker reported to the Trump administration that it is for “enabling access to health services and movement of goods and people.”

Commercial uses “have always been the main reasons for the road,” said Deborah Williams, the former Interior Department attorney who is now a lecturer on public lands at the University of California, Santa Barbara. When she visited King Cove in the mid-1990s, “they told me, ‘We want that road to take fresh fish to Cold Bay to maximize the value of our fish.’”

President Barack Obama’s interior secretary, Sally Jewell, recalled that on a 2013 tour, she repeatedly asked King Cove leaders why they had extended the road right up to the wilderness, leading to nowhere.

“I was finally told, ‘Because we wanted to put pressure on you to build the road through the refuge.’ They actually said that,” she said.

Months later, she rejected the road, citing scientists’ concerns about the impacts on wildlife and concluding that “reasonable and viable transportation alternatives exist.”

The existing 17-mile part of the road leading out of King Cove, Alaska, ends right at the refuge’s wilderness boundary.Ash Adams / Reveal

Documents show that the local leaders pushing for the road own commercial fishing boats. The Mack family has 25 vessels, one of the largest fleets in King Cove. Five of the six members of the City Council own commercial vessels, and the sixth is in the Mack family.

Dean Gould, who is president of King Cove’s Aleut government and whose name is on the land agreement with Zinke, said he owns a 49-foot vessel; his large family owns seven other commercial fishing boats. Gould said he personally would not use the road to transport his salmon and other fish because he now delivers it to Peter Pan by tender, a vessel that services his boat while he’s at sea for weeks at a time.

So why was the small business provision put in the agreement? Gould said it’s because it “leaves a little bit of door open” if someone hauls “a couple cases … or a pound or two” or if anyone wants to commercially transport fish in the future.

Peter Pan Seafoods, which has been publicly silent on the road project, declined to comment. Henry Mack, the mayor, said the land swap is “still in the court, and I won’t be making a comment on anything to do with the road or commercial fishing.”

Little information has been released about the physical challenges, safety issues, and costs that the state and Aleuts would face building and maintaining the road.

“Today, the road costs, maintenance, reliability due to avalanches and storms, and travel time under these conditions are remaining questions that have yet to be given to the public,” said Tony Knowles, Alaska’s governor from 1994 to 2002.

David Bernhardt, who is now Trump’s acting interior secretary, worked with King Cove to arrange the land swap. Shortly after he was confirmed as the department’s second in command in July 2017, Bernhardt held a video meeting with a King Cove group, before the idea became public, according to his calendar record. Bernhardt previously was a lobbyist for the state of Alaska and the oil industry in efforts to open up the Arctic National Wildlife Refuge to oil development.

‘Extraordinary wildlife and wilderness’

Overhead on a September day at the Izembek refuge, clouds of Pacific black brant are flying in by the tens of thousands from the Yukon Delta, Canadian Arctic, and eastern Russia. They feed in North America’s largest eelgrass bed, the first to be designated as internationally critical to wildlife.

Nearly the entire emperor goose population and thousands of threatened Steller’s eiders also forage in the eelgrass at Izembek Lagoon. Tributaries run rife with salmon and host grizzly bears. Sea otters in the lagoon pop up with pups on their bellies. On the spits of land that form the estuary’s gate to the sea, hundreds of walruses and harbor seals grunt, roll, and rest.

The Izembek National Wildlife Refuge has North America’s largest eelgrass bed, the first to be designated as internationally critical to wildlife, including the black brant.Ash Adams / Reveal

The existing 17-mile stretch of road ends right at the refuge’s wilderness boundary. It’s from this spot that Zinke’s deal would push another 12 miles through the wilderness to the airport.

The U.S. Fish and Wildlife Service concluded that “extraordinary wildlife and wilderness resources … recognized for their national and international significance” would be harmed and that the swapped land “would not compensate for the adverse effects.” The road poses major risks to the survival of brant, tundra swan, emperor goose, bear, caribou, and fish populations and moderate risks to many others, according to the agency’s data.

Brant travel almost 3,000 miles every spring and fall to feed on the refuge’s eelgrass. They are elegant-looking birds, mostly jet black with bands of bright white, somewhat like a tuxedo. Small for a goose, they must stay strong to survive their nonstop transcontinental journey.

Their survival rate already is dropping, largely due to degraded winter habitat in Mexico and California. And global warming is altering their behavior, which makes the refuge’s role in protecting them even more critical because they are spending more time there. About one-third of the 150,000 arriving at Izembek now stay for the winter, increasing every year by about 7 percent, according to research.

“Any threats to the Alaska wintering population have implications for the entire Pacific Flyway population,” the 2009 study says, adding that “this species is experiencing a long-term decline and is of conservation concern across its range.”

Christian Dau, a now-retired Fish and Wildlife Service biologist who was based at the refuge in the 1980s and ’90s and co-wrote the paper, said the road would shatter the remoteness that protects the birds.

“I go back to the farsighted founding fathers of the refuge. They always took the conservative approach,” he said. “When your options are narrow, you should act conservatively. You don’t open the floodgates and allow lots of development. In 20/20 hindsight, you might look back and say we made a mistake.”

Christian Dau, a former federal biologist at the Izembek National Wildlife Refuge who now lives in Wasilla, Alaska, says building a road through the refuge would shatter the remoteness that protects birds and other wildlife.Ash Adams / Reveal

A few hundred miles to the north, in the Yukon-Kuskokwim Delta, where the brant breed and nest, Myron P. Naneng Sr. is a Yup’ik lifelong subsistence hunter and former president of a Native association of leaders representing 56 villages.

Beginning 35 years ago, the Yup’ik, Aleut, and other Alaska Natives agreed to protect geese from subsistence hunting so they could recover from low numbers.

“Building a damaging road now, right through some of the most important and sensitive habitat for brant and emperor geese, would be contrary to the years of conservation work,” Naneng said at a hearing before a House subcommittee in 2017.

“All of us contend with weather delays, expensive travel and long trips to the city for medical care. … But it is not realistic to build roads to all of the Alaska communities,” he added.

The land deal with Zinke is not yet final, pending completion of the surveying and an appraisal. Nine environmental groups have filed suit to stop it.

A battle over its legality centers on two laws: the National Environmental Policy Act and Alaska National Interest Lands Conservation Act. The laws require a study of projects’ environmental effects and consideration of alternatives.

The environmental groups allege that the swap of refuge land is illegal because it does not have conservation purposes and needs a full review and congressional approval. The Trump administration argues that the Alaska act exempts conveying land to Native communities and that provisions don’t apply because it already traded away the land and, therefore, the road would not be built in officially designated wilderness.

A company town

It’s a Sunday morning in September in King Cove, and the Peter Pan Seafoods plant is operating 24 hours a day. Some 300 workers are packing pollock for fish sticks, Pacific cod and crab for restaurants, and black cod for the most fortunate. In summer sockeye season, the workforce reaches 500 in one of North America’s biggest salmon canneries, which sells salmon under the labels Deming’s or Double “Q.”

Commercial fishing boats — as small as 30 feet and as big as 300 feet — operating in the Bering Sea and Gulf of Alaska are pulling up to the plant with their fresh catch. The fish and shellfish are processed and sent frozen atop 400-foot barges to markets in the Lower 48, Europe, and Asia. The previous day, Peter Pan processed 800,000 pounds of seafood.

Wearing hairnets, smocks, and earplugs, the workers tend to conveyor belts, freezer rooms, and chopping tables. They sleep in dormitories in King Cove. Their long shifts, minimum-wage jobs, and foreign languages separate them from the town’s more comfortable residents in fishing families.

On this Sunday morning, Irene “Koochie” Christiansen, 83, is carefully making her way from her home near the cannery to the Russian Orthodox church, where she gives weekly readings. As she lights candles, her soft prayers in Aleut and English fill the church adorned with icons and bells from another church in the nearby village of Belkofski, where she grew up.

Irene Christiansen, 83, lights candles in the Russian Orthodox church in King Cove, Alaska. A respected elder and one of only two in King Cove who speak Aleut, Christiansen is among the few in the town who speaks against the planned road through the wildlife refuge.Ash Adams / Reveal

In the Aleut way, she invites some visitors back to her place for flaky salmon pie. Christiansen grew up trapping animals in Belkofski, which was settled by Russian fur traders. She worked 16-hour shifts at the cannery and is grateful for the wages that paid for her cozy house and the help she gets from prosperous Aleut fishing families.

Christiansen said that if she had a medical emergency, she wouldn’t want to travel over a winding 37-mile, windswept route. Only a respected elder such as Christiansen, one of only two in King Cove who speak Aleut, would feel confident speaking out against the road so popular with King Cove’s fishing families and political leaders.

One day, her son Cal took her berry-picking on the road that now ends at the refuge’s wilderness boundary. The road makes no sense to her.

“Let’s go home,” she told her son.

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Trump’s swap of ‘irreplaceable’ wilderness allows millions of dollars in seafood transport

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The Truth About Animals – Lucy Cooke

READ GREEN WITH E-BOOKS

The Truth About Animals

Stoned Sloths, Lovelorn Hippos, and Other Tales from the Wild Side of Wildlife

Lucy Cooke

Genre: Life Sciences

Price: $3.99

Publish Date: April 17, 2018

Publisher: Basic Books

Seller: Hachette Digital, Inc.


Mary Roach meets Bill Bryson in this "surefire summer winner" (Janet Maslin, New York Times ), an uproarious tour of the basest instincts and biggest mysteries of the animal world Humans have gone to the Moon and discovered the Higgs boson, but when it comes to understanding animals, we've still got a long way to go. Whether we're seeing a viral video of romping baby pandas or a picture of penguins "holding hands," it's hard for us not to project our own values–innocence, fidelity, temperance, hard work–onto animals. So you've probably never considered if moose get drunk, penguins cheat on their mates, or worker ants lay about. They do–and that's just for starters. In The Truth About Animals , Lucy Cooke takes us on a worldwide journey to meet everyone from a Colombian hippo castrator to a Chinese panda porn peddler, all to lay bare the secret–and often hilarious–habits of the animal kingdom. Charming and at times downright weird, this modern bestiary is perfect for anyone who has ever suspected that virtue might be unnatural.

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The Truth About Animals – Lucy Cooke

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The Edge of the Sea – Rachel Carson

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The Edge of the Sea
Rachel Carson

Genre: Nature

Price: $2.99

Publish Date: October 15, 1998

Publisher: Mariner Books

Seller: OpenRoad Integrated Media, LLC


From the National Book Award–winning author of Silent Spring : An exploration of marine life that takes us into “a truly extraordinary world” ( The Atlantic Monthly ). In her luminous descriptions of intertidal life, Carson shows her remarkable ability to describe the beauties of science and the natural world. Rachel Carson (1907–1964) spent most of her professional life as a marine biologist with the U.S. Fish and Wildlife Service. By the late 1950s, she had written three lyrical, popular books about the sea, including the bestselling The Sea Around Us , and had become the most respected science writer in America. She completed Silent Spring against formidable personal odds, and with it shaped a powerful social movement that has altered the course of history.

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The Edge of the Sea – Rachel Carson

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Owls Aren’t Wise & Bats Aren’t Blind – Warner Shedd

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Owls Aren’t Wise & Bats Aren’t Blind

A Naturalist Debunks Our Favorite Fallacies About Wildlife

Warner Shedd

Genre: Nature

Price: $1.99

Publish Date: June 27, 2000

Publisher: Crown/Archetype

Seller: Penguin Random House LLC


In this fascinating book, wildlife expert and enthusiast Warner Shedd refutes popular animal myths like squirrels remembering where they bury nuts, wolves howling at the moon, and oppossums "playing dead." Have you ever seen a flying squirrel flapping through the air, watched a beaver carrying a load of mud on its tail, or ducked when a porcupine started throwing its quills? Probably not, says Shedd, former regional executive for the National Wildlife Federation. Offering scientific evidence that refutes many of the most tenacious and persevering folklore about wild animals,  Owls Aren't Wise & Bats Aren't Blind  will captivate you with fascinating facts and humorous anecdotes about more than thirty North American species– some as familiar as the common toad, and others as elusive as the lynx.  Owls Aren't Wise & Bats Aren't Blind  is an entertaining dose of scientific reality for any nature enthusiast or armchair adventurer.

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Owls Aren’t Wise & Bats Aren’t Blind – Warner Shedd

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These Four Cases Will Quickly Show Who Gorsuch Really Is

Mother Jones

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When newly minted Supreme Court Associate Justice Neil Gorsuch takes the bench later this month, he will likely have an immediate impact on a court that has been somewhat paralyzed since the unexpected death of Justice Antonin Scalia in February last year. The court, evenly divided with eight members, has waited to tackle a number of potentially thorny cases, either because they were unable to agree on whether to hear them or they were reluctant to adjudicate them. Gorsuch has been confirmed just in time to change all that.

He will also shape the future when, on April 13, he participates in his first court conference, where the justices decide which new cases to hear in the new term and which they’re rejecting. Decisions from that meeting may demonstrate quickly whether fears Senate Democrats have raised about his views on everything from religious freedom to gay rights to corporate power were on target.

Here are a few of the pending cases where Gorsuch will have an opportunity to make an early mark:

Masterpiece Cake Shop v. Colorado Civil Rights Commission: In 2012, a Colorado baker named Jack Phillips refused to make a custom wedding cake for two men getting married in Massachusetts, one of the few states where same-sex marriage was legal at the time. The couple was planning a reception in Colorado, where they lived and wanted to celebrate. Phillips claimed making the cake would violate his religious beliefs. The couple sued and has prevailed at every level in Colorado courts, which found that baking a gay wedding cake would not violate Phillips’ free speech or religious freedom rights, but refusing to make one would constitute illegal discrimination based on sexual orientation.The case has been stuck in conference purgatory, relisted multiple times for consideration, but probably not for long.

The gay-cake case seems custom-made for Gorsuch, who was one of the lower court judges who ruled in favor of Hobby Lobby, the craft store that claimed providing health insurance to its employees that covered contraception violated its corporate religious freedom rights. The Supreme Court later upheld the ruling in a 5-4 decision, and critics have warned it will be used to justify the kind of anti-gay discrimination at issue in the cake case. The presence of Gorsuch on the high court, instead of Merrick Garland, President Obama’s court nominee who was denied the seat by Senate Republicans, is likely to be decisive. It probably doesn’t bode well for the LGBT community, despite Gorsuch’s claims to have gay friends.

Salazar-Limon v Houston: Even though police shootings have been in the news and the source of intense protest over the past couple of years, the eight-member Supreme Court seems to have been reluctant to wade into the fray. This case is another one that’s been languishing at the court for many months, waiting for a decision on whether it will be heard. It involves what might be called the “reaching for the waistband” defense frequently deployed by cops who shoot unarmed people of color.

In 2010, 25-year-old Mexican immigrant Ricardo Salazar-Limon had a wife, children, and a construction job. One night after a long day of work, he was out with friends and driving to see another friend when a Houston cop pulled him over for speeding. He had no criminal record, no outstanding warrants, a valid drivers’ license, and insurance on his truck. He was in the country legally and was unarmed. But the cop told Salazar he was going to jail and tried to put him in handcuffs. Salazar jerked back and walked towards his vehicle, annoyed because the officer refused to even tell him why he might be going to jail. As he was walking the officer told him to stop and then shot him in the back, leaving Salazar paralyzed from the waist down.

Salazar sued the police department alleging excessive force. In his defense, the officer claimed that he feared for his life when he shot Salazar because he had moved his hands towards his waistband while walking away. It’s the same argument that’s been employed by cops in at least two other shootings of unarmed citizens in Houston, and it works. The District Court dismissed Salazar’s case, and the 5th Circuit Court of Appeals upheld the decision. The Supreme Court is now being asked to decide whether a court can dismiss a case against an officer in a suit for excessive force “by concluding that it is an ‘undisputed fact’ that the person reached for his waistband just because the officer said he did.”

The facts in this case are infuriating, yet it’s clear that the court has been unable to get the requisite four votes needed to hear it. Whether Gorsuch will provide that additional vote is anyone’s guess, but criminal justice reformers shouldn’t hold out hope that he’ll change the outcome. He’s ruled in a similar case before. In 2013, he wrote the majority opinion in a 10th Circuit ruling dismissing a lawsuit brought by the parents of a man who was tased in head by a cop and died. The cops in that case also used a “reached for his waistband” defense.

Alaska Oil and Gas Association v. Zinke: One of the biggest concerns raised by those opposing Gorsuch’s confirmation was that his record suggested he would be hostile to environmental regulations and the agencies that create them. That theory will be tested soon after Gorsuch’s swearing in, with a case involving the fate of polar bears.

In 2008, the Bush administration’s Fish and Wildlife Service officially declared the polar bear a threatened species under the Endangered Species Act. Two years later, the agency designated 187,000 square miles around the Bering Sea, the Arctic Ocean and the Alaskan North Slope as critical habitat for the bears, which created new restrictions on oil drilling in the region. The Alaskan oil industry sued and alleged that the Fish and Wildlife Service had overreached and made an arbitrary decision in selecting the boundaries for the critical habitat. The trial court partially agreed, but the 9th Circuit Court of Appeals overturned that decision and sided with the wildlife agency. The appeal of that decision is pending before the Supreme Court, which will decide in the next few months whether to hear the case.

Federal agency overreach is something Gorsuch has a clear record on. He wrote a lengthy concurrence to one of his own opinions on the 10th Circuit, calling on the Supreme Court to limit the requirement that judges defer to federal agencies such as Fish and Wildlife when considering the implementation of laws made by Congress. This may be a sign that, despite his love of skiing, Gorsuch probably is not going to side with the polar bears.

Trinity Lutheran Church of Columbia, Inc. v. Comer: The court agreed to hear this case last year, shortly before Justice Scalia died, but it took its own sweet time scheduling it for oral arguments. When it finally did, a year later, the case was set for the second-to-last week of arguments for the term. The court’s reluctance to decide this case may stem from the fact that it’s the most controversial church-state separation case on the docket this year, and the closest thing to a culture war case that’s likely to break out before the court recesses in June.

Here’s how we described it last fall:

A Michigan church applied for a grant from Missouri’s Scrap Tire Grant program for assistance resurfacing a playground at its preschool with a safer, rubber top made of old tires. While the church’s grant proposal was well rated, the state ultimately turned it down because the state constitution prohibits direct aid to a church. The church sued, with help from a legion of lawyers fresh off the gay marriage battles. They argue that Missouri’s prohibition, originally conceived as part of an anti-Catholic movement, violates the Establishment Clause of the Constitution, especially when the money was going to a purely secular use.

While this might have been an easy win for the church before the death of Justice Antonin Scalia, who was on the court when the justices took the case in January, the remaining eight-members might not be quite so well-disposed to rule in its favor. Forcing taxpayers to underwrite improvements to church property is in direct conflict with some of the court’s earlier rulings. Critics see a ruling for the church as a slippery-slope sort of argument, leading to compulsory government support of religion, which the Founders deeply opposed.

Once again, Gorsuch’s views in Hobby Lobby and religious freedom seem likely to predispose him to support church, but we’ll know more about his position on April 19, when he will be on the bench for the oral arguments in this case.

Liberal court watchers, having lost the confirmation fight, are now moving into breath-holding mode as they look to these cases for clues as to just what sort of justice Gorsuch is really going to be. As Elizabeth Wydra, president of the Constitutional Accountability Center said Friday, “Now that he has been confirmed, we certainly hope that Justice Gorsuch will fulfill Judge Gorsuch’s commitments: To be an independent jurist, to be a good judge who respects precedent, to be an originalist who respects the Constitution’s radical guarantee of equality, and follows the text and history of the Constitution wherever it leads.She added, “The burden remains on Gorsuch to prove that he will be a Justice who fairly applies the law and the Constitution and does not, contrary to President Trump’s promises, just represent certain segments of the population.”

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These Four Cases Will Quickly Show Who Gorsuch Really Is

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5 Reasons to Go Green this St. Patrick’s Day

More common than a Kiss Me, Im Irish shirt on St. Patricks Day, the color green is all around us. Whether its the leaves in the trees, in your beer, or the scarf of someone sitting across from you on public transit, its hard to go a day without seeing green.

Here are five reasons to embrace green, not only for St. Patricks Day, but all year.

Physiological benefits

It has been proven that time in nature can help relieve stress, minimize depression and increase ones overall health. By putting down your smartphone and heading out to connect with nature, you can expose yourself to some much-needed vitamin N (for nature).

Even just seeing the color green can have calming effects. Its also been shown that people with a green workspace or bedroom have fewer stomachaches than those without.

Carolinian forest (Photo by Simon Wilson)

It helps landscapes and species

In addition to its mental benefits, connecting with nature is a great way to increase your appreciation for the world around us. Surround yourself with green by planting a garden, caring for plants indoors, learning about the plants around you, going for a hike or simply strolling through a nearby forest or park.

By thinking green and doing your part for nature, youre helping to conserve species populations and the land they call home. Volunteering or donating to help conservation efforts across the country helps conserve landscapes for future generations.

Its good for you, and its tasty too

Eating green is a great way to do your part for the environment and Im not just talking about kale. Eating sustainable produce, meat and grains, especially locally harvested, can reduce your carbon footprint.

It can help you learn

Research has shown that green can help with learning comprehension. Next time youre reading new material, try laying a transparent sheet of green paper over the text. Green is said to help you absorb material more efficiently as well as increase reading speed.

It helps power plants and our planet

There once was a time where all plants on earth were comprised of grasses, ferns and horsetails green plants that used chlorophyll to capture sunlight and turn it into food and energy. All these ancient green plants had cellulose or wood in their cells. Eventually, stems gave rise to wood, to trunks. This gave rise to the first trees and to forests.

These oases of green became the lungs of our planet. They became our rain-makers, air-conditioners, water reservoirs, chemical recyclers and keepers of biodiversity. They also became major sinks of carbon dioxide. By literally growing green, these plants formed the infrastructure for life as we know it today.

So this St. Patrick’s Day, forget the green-colored drinks and try going green in a new way.

This post was written by Raechel Bonomo, editorial coordinator at the Nature Conservancy of Canada (NCC),and originally appeared on NCCs blog,Land Lines.

Post photo credit: Clovers (Photo by wiseGEEK)

Disclaimer: The views expressed above are solely those of the author and may not reflect those of Care2, Inc., its employees or advertisers.

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5 Reasons to Go Green this St. Patrick’s Day

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Now Trump’s Going After the Bumblebees

Mother Jones

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First, it was puppies. Now Trump is going after bees.

Just weeks before leaving office, the Obama administration’s Fish and Wildlife Service placed the rusty patched bumblebee on the endangered species list—the first bee species to gain that status in the continental United States. Just weeks after taking office, the Trump administration temporarily reversed that decision. (See great pictures of this charismatic pollinator here.)

The official announcement of the delay cites a White House memo, released just after Trump’s inauguration, instructing federal agencies to freeze all new regulations that had been announced but not yet taken effect, for the purpose of “reviewing questions of fact, law, and policy they raise.” The Fish and Wildlife Service, which oversees the endangered species list, acted just in the nick of time in delaying the bumble bee’s endangered status—it was scheduled to make its debut on the list on February 10.

Rebecca Riley, a senior attorney for the Natural Resources Defense Council, told me the move may not be a mere procedural delay. “We don’t think this is just a freeze—it’s an opportunity for the administration to reconsider and perhaps revoke the rule entirely,” she said.

Why would the Trump administration want to reverse Endangered Species Act protections for this pollinating insect? After all, the rusty patched bumble bee has “experienced a swift and dramatic decline since the late 1990s,” with its abundance having “plummeted by 87 percent, leaving small, scattered populations in 13 states,” according to a December Fish and Wildlife Service notice. And it’s not just pretty to look at—the Fish and Wildlide Services notes that like other bees, rusty patched bumblebees “pollinate many plants, including economically important crops such as tomatoes, cranberries and peppers,” adding that bumblebees are “especially good pollinators; even plants that can self-pollinate produce more and bigger fruit when pollinated by bumble bees.”

The answer may lie in the Fish and Wildlife Service’s blunt discussion of pesticides as a threat to this bumblebee species. Like commercial honeybees, bumblebees face a variety of threats: exposure to pesticides, disease, climate change, and loss of forage. FWS cited all of those, noting that “no one single factor is likely responsible, but these threats working together have likely caused the decline.” But it didn’t mince any words about neonicotinoids, a class of insecticides widely used on US farm fields.

Neonics, as they’re known, are a highly contentious topic. They make up the globe’s most widely used insecticide class, with annual global sales of $2.6 billion, dominated by agrichemical giants Syngenta and Bayer (which is currently in the process of merging with Monsanto). They have been substantially implicated in the declining health of honeybees and other pollinators, birds, and waterborne animals. The European Union maintains a moratorium on most neonic use in farming, based on their threat to bees. The US Environmental Protection Agency is currently in the middle of a yearslong reassessment of the risk they pose to bees and other critters.

Here is what the Fish and Wildlife Service wrote about neonics in the context of the rusty patched bumblebee:

Neonicotinoids have been strongly implicated as the cause of the decline of bees, in general, and for rusty patched bumble bees, specifically. The introduction of neonicotinoid use and the precipitous decline of this bumble bee occurred during the same time. Neonicotinoids are of particular concern because they are systemic chemicals, meaning that the plant takes up the chemical and incorporates it throughout, including in leaf tissue, nectar and pollen. The use of neonicotinoids rapidly increased when suppliers began selling pre-treated seeds. The chemical remains in pre-treated seeds and is taken up by the developing plants and becomes present throughout the plant. Pollinators foraging on treated plants are exposed to the chemicals directly. This type of insecticide use marked a shift to using systemic insecticides for large-scale, preemptive treatment.

Note also that of the 13 states that still harbor scattered rusty patched bumblebee populations, four—Illinois, Indiana, Iowa, and Ohio—are in the US Corn Belt, where corn and soybean crops from neonic-treated seeds are common.

The NRDC’s Riley noted that as the EPA reassess neonics, it is obligated to consider the insecticides’ impact on endangered species. If the rusty patched bumblebee makes it onto the list, that would place an endangered species that’s clearly harmed by neonics directly into the region where the lucrative chemicals are most widely used—possibly forcing it to restrict neonic use in those areas. It’s worth noting that the man Trump chose to lead the EPA transition team, Myron Ebell, works for the industry-funded Competitive Enterprise Institute, which runs a website, SafeChemicalPolicy.org, that exists to downplay the health and ecological impacts of chemicals. More on that here.

If science guides the Trump team, this fast-disappearing bumblebee will get its endangered status soon, Riley said. “We don’t think there’s any legitimate basis to roll this rule back,” she said. “The original decision to protect the bee was based on compressive scientific analysis.” The question is the degree to which science will guide the administration as it decides the fate of this once-flourishing insect.

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Now Trump’s Going After the Bumblebees

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5 Human Habits Harmful to Ocean Health

By Jaymi Heimbuch, Planet Green

No matter where we live, even if we’re in the middle of the Mojave desert or the middle of farmland in the mid-west, our connection to the ocean is surprisingly direct. The planet’s marine systems are intricately linked with our daily activities, even when those activities seem trivial or distant. Here are five ways small choices add up to big problems for the ocean’s health.

1. Carbon Emissions and Ocean Acidification

Every time we flip on the lights, turn on the water faucet, charge a cell phone, hop a plane or in any other way create carbon emissions, we’re directly causing the acidification of the ocean and the harmful disruption of marine life that results. The ocean can absorb about two-thirds of the carbon emissions in the atmosphere, but the more CO2 it tries to absorb, the more acidic it becomes. This altered pH causes everything from the softening or thickening of crustacean shells to the bleaching of corals to the overabundance of jellyfish. As we pump more carbon dioxide into the atmosphere through the burning of fossil fuels, ocean acidification worsens and marine life is being thrown out of whack.

Decisions like skipping an unnecessary plane ride, eating less meat, and buying green power can radically reduce your carbon footprint, and help alleviate one of the biggest threats facing our oceans.

2. Packaging and the Pacific Garbage Patch

Americans generate a lot of trash. Each of us tosses about 185 pounds of plastic per year, a vast amount of it from packaging. From plastic bags, to take-out containers, to packaging used for everything from toys to food, we use up and throw out an incredible amount of something that will never, ever disappear. In fact, much of it is making re-appearances in our oceans. The Pacific Garbage Patch and four other trash vortexes illustrate the problem of plastics in our oceans. Plastics are not only killing marine life, but also entering the food chain to ultimately end up on our dinner plates through the seafood we eat.

By making purchases that take into account the packaging of the products, and choosing to a) minimize as much as possible how much packaging we consume and b) recycling as much of what we do end up consuming as possible, we can make big strides in stopping the flow of plastic into the ocean.

3. Sushi Dinner and Disappearing Seafood

Our fisheries that once seemed endless are now reaching the brink of collapse. Scientists estimate that if our current practices continue, 100 percent of global fisheries will completely collapse by 2050. That is a very short time from now. Even if you think of yourself as a sushi addict in the worst way, or can’t seem to live without salmon or shrimp a couple times a week, you can still make sustainable choices.

By cutting back where you can, keeping an eye on the Monterey Bay Aquarium Sustainable Seafood Guide, and taking advantage of handy techy tools for buying fish, you can help ensure that our seas will have fish in the future.

Photo Credit: mdid via Flickr

4. Over-Consumption and Whale Deaths

Wait, ordering that toy from Amazon.com could cause whale deaths? The short answer is yes. While humans have been sailing the seas for millennia, the shipping industry has skyrocketed over the last few decades. Much of that is due to our rabid consumption habits. Raw materials are transported on container ships to manufacturing plants, and products are then loaded up on ships to be transported to the hands of consumers. The more stuff we consume, the more stuff needs to be shipped across oceans. But crossing paths with those container ships and carrier vessels are whales.

The loud sounds of ships — or acoustic smog — makes it hard for whales to communicate with one another, which means heightened stress levels and decreased opportunities for mating and feeding, among other consequences. Even worse, collision with ships is a major problem for whales, including threatened and endangered species.

Reducing our consumption of material goods can literally help threatened whale populations recover.

5. Driving and Deep-water Oil Wells

Unless you’ve been living far, far away from any media source, you’re probably well aware of the disaster in the Gulf of Mexico thanks to Deepwater Horizon, a BP-owned offshore oil rig that has been leaking since late April. It takes just the tiniest leap of logic to connect our reliance on oil to our car-dependent culture. Currently the US uses about 19.7 million barrels of oil a day, of which 71 percent goes to transportation via cars, trucks, buses, airplanes. So, the longer we stay reliant on fossil-fuel powered vehicles to get from point A to point B, rather than bikes and public transportation, the longer we stay dependent on drilling for those rapidly diminishing fossil fuels, which means a high likelihood of risky wells placed in deep water areas of the ocean and the statistically inevitable occurrence of another disaster like the one playing out in the Gulf of Mexico.

Minimizing our reliance on oil equates to keeping our oceans safe from deadly pollution.

Related:
10 Surprising Ways We Can Restore Our Oceans
12 of the Biggest Threats Facing Our Oceans

Disclaimer: The views expressed above are solely those of the author and may not reflect those of Care2, Inc., its employees or advertisers.

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5 Human Habits Harmful to Ocean Health

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The most accurate picture of the Dakota Access showdown is on social media.

The Ross Sea marine reserve, which covers 600,000 square miles of the Southern Ocean off coast of the Antarctic, will be protected from commercial fishing for the next 35 years. Commission for the Conservation of Antarctic Marine Living Resources, an international consortium of governments, approved it unanimously on Thursday.

At nearly twice the size of Texas, the area is home to over 10,000 species of flora and fauna, including penguins, seals, whales, seabirds, and fish.

But Ross Sea is also important for the valuable role it plays in research on the impact of climate change on marine ecosystems.

Secretary of State John Kerry celebrated the park as “one of the last unspoiled ocean wilderness areas on the planet,” and a sign of “further proof that the world is finally beginning to understand the urgency of the threats facing our planet.”

There are some environmentalists who say the designation doesn’t go far enough. World Wildlife Foundation’s Chris Johnson noted that the agreement must be made permanent.

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The most accurate picture of the Dakota Access showdown is on social media.

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Trump just wants to save the birds, you guys

Trump just wants to save the birds, you guys

By on May 26, 2016Share

Donald J. Trump is for the birds.

Speaking to oil and gas interests in Bismarck, N.D., on Thursday, the presumptive Republican nominee made clear his thoughts on two energy-policy cornerstones: renewable energy and our feathered friends.

Trump expressed disdain with the Department of Justice, which “filed a lawsuit against seven North Dakota oil companies for the death of 28 birds, while the administration fast-tracked wind projects that kill more than a million birds a year.”

“Far more than a million birds,” he clarified.

DOJ did file these charges in 2011. It has also targeted wind developers under the same legislation, the Migratory Bird Treaty Act.

As for the million-bird figure, the Fish and Wildlife Service estimates the number is likely closer to 500,000. Which is a lot of birds — but for reference, oil and gas kill around the same amount, and the coal industry snuffs out close to 8 million birds annually.

The real estate developer has never been the biggest fan of wind farms:

Except when he’s talking to clean-energy advocates: “It’s an amazing thing when you think — you know, where they can, out of nowhere, out of the wind, they make energy,” he mused to an Iowa voter late last year.

The same line-straddling appeared in Trump’s remarks on solar.

“The problem with solar is it’s very expensive,” he said a month after the world reached several tipping points for competitive renewable energy.

“I know a lot about solar,” he said in a press conference earlier on Thursday. We’re still waiting to find out what he meant.

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Trump just wants to save the birds, you guys

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