DAPL Approval by Corps of Engineers Illegal, Judge Finds

GR: Government control over environmental decisions leaves nature open to political depredation by greedy politicians and their corporate handlers. Policy backed by science instead of politics backed by greed should regulate all forms of land use including construction, farming, fishing, forestry, grazing, and mining. Though the power of money over reason often controls the courts in the largest cases, small regional cases such as those concerned with a single pipeline are sometimes handled rationally. Since the DAPL pipeline has already leaked, there is a fair chance the court will decide to halt transmission. (Don’t you love it when I make the most obvious comments?)

Court victory for the Standing Rock Sioux Tribe against the Dakota Access Pipeline (Lucas Reynolds).

Court Rules for the Standing Rock Sioux in DAPL Suit

Judge James Boasberg’s 91-page decision says U.S. Army Corps ‘did not adequately consider’ oil spill impacts; no ruling on whether to keep DAPL operational.

“The U.S. Army Corps of Engineers violated the law in its fast-tracked approval of the Dakota Access Pipeline (DAPL), a U.S. District Court Judge in Washington D.C. has ruled. Judge James Boasberg said the Corps did not consider key components of the National Environmental Policy Act (NEPA) in granting the Lake Oahe easement under the Missouri River when directed to do so by President Donald Trump shortly after his swearing-in.

“The Standing Rock Sioux Tribe, with the Cheyenne River Sioux as interveners, had challenged the approval on the grounds that adequate environmental study had not been conducted. Boasberg agreed on many points, though he did not rule on whether the pipeline should remain operational. It has been carrying [and leaking] oil since June 1.

“Although the Corps substantially complied with NEPA in many areas, the Court agrees that it did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial,” Boasberg said in his 91-page decision. “To remedy those violations, the Corps will have to reconsider those sections of its environmental analysis upon remand by the Court. Whether Dakota Access must cease pipeline operations during that remand presents a separate question of the appropriate remedy, which will be the subject of further briefing.” –ICMN Staff (DAPL Approval Illegal, Judge Finds – Indian Country Media Network).

Ecological Special Forces

GR.–No guns and bombs.  We need commando units specializing in background investigations and exposure of perpetrators of ecological harm.  Let’s have more hacker gumshoes working for nature.  We need more ecological whistleblowers and we need more support for whistleblowers.  And we need more organized legal representation for nature (the link takes you to a list of organizations and resources for nature protection).

Deep Green Resistance.–

“The planet needs commandos”

“It wasn’t until the 1940’s that what we think of as the “commando” or special forces units were standardized by the British Army. With the goal of disrupting German forces in western France and later in the Mediterranean and North Africa, the first commando units were modeled on small groups of Arab fighters who had great success pinning down much larger British Army units during the uprisings in Palestine in the 1930’s.

“These units proved to be very effective during World War II and have since become a staple of modern warfare. Today, the U.S. empire largely projects military force through targeted special forces operations and bombing campaigns, rather than outright warfare and traditional military maneuvers.

The Case for Ecological Commandos

“Our planet is on the verge of total ecological collapse. Nothing is getting better. Governments and corporations continue business as usual while every day, carbon dioxide levels rise, forests are cut down, and 200 species are driven extinct. Forty percent of all human deaths can be attributed to pollution. Ocean fish may not exist by 2050.

“Even in ecological preserves, life is suffering; there has been an 85% decline in mammals in West Africa’s parks. Major dams continue to be built. Environmentalists are being murdered around the world. African lions are in precipitous decline, as are tigers, leopards, elephants, polar bears, rhino, and countless other species. Most of the species who are driven extinct haven’t even ever been described by western science; they slip into extinction with barely a ripple.” –Deep Green Resistance.  Ecological Special Forces: A Proposal | Deep Green Resistance Blog

Times like these remind us…

Jayden

Jayden, 12, of Rayne, Louisiana, pictured with her mother, Cherri Foytlin.

Obama Administration Ignores Global Warming

“Ironically and sadly, this past weekend, Jayden, a plaintiff asking the federal government to take real action on climate change, experienced first hand what the National Weather Service has called a 1,000 year flood. At least 13 were killed, and an estimated 20,000 had to be rescued as a result of this climate generated catastrophe. Yesterday, Jayden and her family addressed the damage to their own home, pulling up carpet and throwing away their destroyed belongings.

“Unbelievably, next Wednesday, August 24th, the Obama administration will auction off an area the size of Virginia for offshore drilling in the Gulf of Mexico, further exacerbating the climate crisis. Adding insult to injury, the auction will be held in Jayden’s backyard, at the New Orleans Superdome — the site of one of the most visible and tragic instances of climate injustice in history after Hurricane Katrina.

“Globally, Moscow had its worst rains in more than 100 years on Sunday. On that same day in the Philippines, a tornado ripped through downtown Manila as two landslides took out homes in the hills of San Mateo. The Blue Cut Fire that ignited Tuesday morning in San Bernardino County, California forced the evacuations of over 80,000 residents, just a day after another wildfire in northern California demolished an entire town just north of San Francisco. In Portugal, 286,600 acres of forestland have been charred by wildfires this year alone. In fact, July was by far the hottest month in recorded history.” –Source: Times like these remind us…

Exciting Update in Youth v. U.S. Climate Case

Our Children’s Trust is pleased to report that U.S. District Court Judge Ann Aiken scheduled oral argument in our youths’ landmark federal climate lawsuit for September 13, at 10 am in Eugene, Oregon. The 21 youth plaintiffs are excited for the opportunity to appear in court again and have their arguments presented to Judge Aiken, who will be reviewing U.S. Magistrate Judge Coffin’s April ruling in their favor.

We will be working hard to prepare for September 13 and we will update you this summer with more hearing details. We encourage you to mark your calendars in the event you are able to join us in Eugene for what will be a truly momentous day!  Source: Exciting Update in Youth v. U.S. Climate Case

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