#earthjustice

[reasonsforhope]

Article Date: 7 June 2023

Climate litigation in the US could be entering a “game changing” new phase, experts believe, with a spate of lawsuits around the country set to advance after a recent supreme court decision, and with legal teams preparing for a trailblazing trial in a youth-led court case beginning next week.

The first constitutional climate lawsuit in the US goes to trial on Monday next week (12 June) in Helena, Montana, based on a legal challenge by 16 young plaintiffs, ranging in age from five to 22, against the state’s pro-fossil fuel policies.

A federal judge ruled last week that a federal constitutional climate lawsuit, also brought by youth, can go to trial.

More than two dozen US cities and states are suing big oil alleging the fossil fuel industry knew for decades about the dangers of burning coal, oil and gas, and actively hid that information from consumers and investors.

The supreme court cleared the way for these cases to advance with rulings in April and May that denied oil companies’ bids to move the venue of such lawsuits from state courts to federal courts.

Hoboken, New Jersey, last month added racketeering charges against oil majors to its 2020 climate lawsuit, becoming the first case to employ the approach in a state court and following a federal lawsuit filed by Puerto Rico last November.

the new forms of climate litigation are different, as they grapple not with particular projects’ emissions, but on responsibility for the climate crisis itself. Sokol, who dubbed these new suits “climate accountability litigation”, says though they will not alone lower emissions, they could help reshape climate plans.

In the US, this litigation has taken a variety of forms; perhaps the best known cases are based on constitutional rights and brought by youth.

One of those cases, Held v Montana, is based on the state’s constitutional guarantees to a clean and healthy environment, which were enshrined in the 1970s and which the plaintiffs say the state has violated by supporting fossil fuels. It will next week become the first-ever constitutional climate lawsuit to go to trial in the US.

Held v Montana followed the highly publicized 2015 Juliana v United States in which 21 young people from Oregon sued the US government for violating their constitutional rights to life, liberty and property by enacting policies that drove and exacerbated the climate crisis. The case, which like the Montana suit was filed by the non-profit law firm Our Children’s Trust, calls on federal officials to phase out fossil fuels.

Last week, a US district court ruled in favor of the youth plaintiffs, allowing that their claims can be decided at trial in open court.

Litigation based on state constitutional rights, also filed by Our Children’s Trust, is currently pending in four other states. One of those cases brought by Hawaii youth is set to go to trial, possibly as soon as this fall.

Another set of lawsuits in the US allege that the fossil fuel industry has for decades known about the dangers of burning coal, oil and gas, and actively hid that information from consumers and investors. Since 2017, seven states, 35 municipalities, the District of Columbia, and one industry trade association have sued major fossil fuel corporations and lobbying groups on these grounds.

In late April, lawyers for the city of Hoboken amended a 2020 complaint to allege that the defendants violated New Jersey’s racketeering laws by conspiring to sow doubt about climate change.

It marked the first-ever state-level lawsuit of its kind, following one last year in which 16 Puerto Rico cities brought federal racketeering charges, originally used to bring down criminal enterprises like the mafia, against big oil.

Unlike some previous cases, Hoboken’s amended lawsuit focuses not only on past misinformation, but also on contemporary greenwashing – something that could feature prominently in future cases.

A study last month examined litigation against fossil fuel majors and found that the filing of a new case or a court decision against a corporation took a slight toll on their finances. Novel developments – including a groundbreaking 2021 Netherlands court ruling ordering Shell to substantially slash its carbon emissions, and an unprecedented transnational claim filed in 2012 by a Peruvian farmer against a German energy company – yielded bigger blows.

Sankar, of Earthjustice, said he expects to see new forms of climate litigation in future years. “As the impact on states and localities increases, they are increasingly going to be looking for ways in which their state and local laws protect them,” he said.

(shinigami red links in this post go to The Guardian)

Article Date: 7 June 2023

Article Source: Dharna Noor for The Guardian

--

Thanks so much to @queerce for submitting!

#queerce #climate justice #greenwashing #climate litigation #lawsuits #hoboken #new jersey #puerto rico #united states #netherlands #peru #germany #earthjustice #racketeering #climate change #oregon #montana #constitutional law #supreme court #scotus #good news #hope

[kp777]

#oil and gas lease #wyoming #fossil fuels #blm #friends of the earth #earthjustice #wilderness society

[tomorrowusa]

The Great Salt Lake is drying up and the Republican government of Utah is doing little to save it. They constantly cave to the usual groups: agricultural interests, mining, homeowners who like spacious lawns in an arid region, and big industry.

The largest saltwater lake in the western hemisphere has been steadily shrinking, as more and more water has been diverted away from the lake to irrigate farmland, feed industry and water lawns. A megadrought across the US south-west, accelerated by global heating, has hastened the lake’s demise. Unless dire action is taken, the lake could decline beyond recognition within five years, a report published early this year warned, exposing a dusty lakebed laced with arsenic, mercury, lead and other toxic substances.The resulting toxic dustbowl would be “one of the worst environmental disasters in modern US history”, the ecologist Ben Abbott of Brigham Young University told the Guardian earlier this year. Despite such warnings, officials have failed to take serious action, local groups said in their lawsuit, which was filed on Wednesday. “We are trying to avert disaster. We are trying to force the hand of state government to take serious action,” said Brian Moench of the Utah Physicians for a Healthy Environment, one of the groups suing state agencies. “Plaintiffs pray that this Court declare that the State of Utah has breached its trust duty to ensure water flows into the Great Salt Lake sufficient to maintain the Lake,” reads the lawsuit, which was brought by coalition that includes Earthjustice, the Utah Rivers Council, the Center for Biological Diversity and the Sierra Club, among others.

Political pressure has not been very effective in a state dominated by Republicans. The state's response is lukewarm at best. That's in addition to bizarre proposals.

The state’s Republican governor, Spencer Cox, has suspended new claims to water in the Great Salt Lake basin and appointed a commissioner to oversee response to the lake crisis. Last year, Utah’s legislature passed several conservation measures, including a $40m trust to support lake preservation projects. But Abbott and his colleagues, who authored a sobering report on the lake in January, found that those measures increased flows to the lake by just 100,000 acre feet in 2022. About 2.5m acre-feet a year of water will need to flow into the lake to bring it to a healthy level, the researchers estimated. That water will likely have to come at the expense of agriculture, which takes in about three-quarters of the water diverted away from the lake to grow mostly alfalfa and hay. Cities and mineral extraction operations each take up another 9% of diverted water. But wresting water away from agriculture is politically complicated. Officials have explored propositions to pay farmers to fallow land and use less water, though such proposals have yet to gain much tractions. Lawmakers have also offered up a series of out-of-the-box solutions – including cloud seeding, which uses chemicals to prompt more precipitation – or building a giant pipeline from the Pacific Ocean.

Seriously, a pipeline from the Pacific Ocean? This is a classic idiotic GOP way to deal with an environmental catastrophe which doesn't get to the root of the problem.

Already, the lake has lost 73% of its water and 60% of its surface area, and is becoming saltier, threatening native flies and brine shrimp. A diminished lake may be unable to support the more than 10 million migratory birds that stop over in the region. A white pelican colony recently abandoned a nesting site on the lake, potentially due to declining water levels. “In addition to the millions of people who live here, so many plants and animals depend on the lake,” said Deeda Seed, Utah campaigner at the Center for Biological Diversity. “The health of northern Utah’s entire population depends on the Great Salt Lake’s survival and I hope this lawsuit can help save it.”

^^^ emphasis added

Yep, take their asses to court to save the body of water which gave the state's largest city its name.

#utah #great salt lake #water levels #diversion of water #the environment #migratory birds #white pelicans #brine shrimp #republicans #utah state government #spencer cox #deeda seed #brian moench #ben abbott #earthjustice #utah rivers council #the sierra club #center for biological diversity #utah physicians for a healthy environment

[earthanthem]

(via GIPHY)

#giphy #nature #trees #earthjustice #earth justice

[dieterbraunillustration]

GULF OF MEXICO WHALE Illustration for @earthjustice #earth #earthjustice #gulfofmexico #gulfofmexicowhale #whale #oilpollution #endangered #endangeredspecies #animals #endangeredanimals #wildlife #illustration #editorial #instaart #editorialillustration #vectorart #digitalart #digitalillustration #illustrator #dieterbraun #brauntown https://www.instagram.com/p/CrttQkYrT2L/?igshid=NGJjMDIxMWI=

#earth #earthjustice #gulfofmexico #gulfofmexicowhale #whale #oilpollution #endangered #endangeredspecies #animals #endangeredanimals #wildlife #illustration #editorial #instaart #editorialillustration #vectorart #digitalart #digitalillustration #illustrator #dieterbraun #brauntown

[adoptables4earthjustice]

Hello! I'm launching something called Adoptables 4 Earthjustice as a fundraiser for the environmental charity. Selling original character designs is not a new concept but what makes this different is that instead of purchasing the rights to the character by paying the artist, you will be donating to charity!

I will be posting reference sheets for adoptable Original Characters made on this Tumblr/Instagram and people interested in the character design will comment on it saying they are interested in donating the requested amount of money for the rights to the character.

Once given the go ahead, they will donate the money to this GoFundMe and the character will be marked as belonging to them. The unwatermarked version will be sent to them via email or tumblrand they are then free to use the OC for personal use as they see fit!

Please be aware this is a discourse neutral zone! We are not here to participate in discourse, we are here to raise money to help the environment! If you can't put aside any differences you might have with people who participate in buying or donating OCs here then it might be best not to participate! If you are found harassing people over discourse differences in connection to this blog you will be blacklisted!

With that in mind alt right/white supremacist/antisemitic/Anti LGBT+/anything else in that vein of bigotry people are not at all welcome to participate and will be blocked on sight! If you see someone who fits this sort of extremist description please quietly contact us about it and we will blacklist them. Not being involved in discourse does not mean we are willing to tolerate dehumanization of marginalized groups, just that we aren't taking sides or getting involved in intercommunity arguments.

Instructions for interested donators:

Go to our Tumblr/Instagram @Adoptables4EarthJustice and find an adoptable that has not been purchased

Find an adoptable you like and comment on it saying you are interested in donating for it. Make sure you look at the price asked for in the post and that you are willing and able to pay that amount!

Once we have reserved that adoptable for you we will give you the go ahead to donate by replying to your comment saying to go ahead and send the money to the GoFundMe.

Donate the asked for amount to this GoFundMe and comment replying to our confirmation comment saying it's been donated.

Once we have confirmed the amount asked for has been donated to the GoFundMe we will dm you on Tumblr/Insta and will send you the unwatermarked version of the Adoptable through whatever email you provide for us. Please make sure we will be able to dm you for this!

All transactions are final so please be sure about your decision before donating to adopt. We cannot refund you. We do not hold the money it goes directly to the charity through GoFundMe.

Rules about the Adoptable you receive:

You may resell it but not for more than you donated for it.

If the Adoptable is based on a copyrighted IP like Pokemon or FNAF it may not be used for commercial purposes.

If the Adoptable is labeled as part of a closed species you are agreeing to research and follow the rules of the closed species. If you are not willing to do so please instead pick one that is not labeled as a closed species.

You can edit and alter the Adoptable however you wish in the future (and if it is part of a closed species, however is acceptable to those rules).

Be sure to credit the artist as the creator of the design where you are using it and do not remove things like the signature of the artist from the reference. Don't claim you designed it, just that you own it.

To those interested in donating an adoptable to be used by Adoptables 4 Earthjustice for fundraising:

Adoptables may be of any sfw species type! Humans, Furry, Mythical Creatures, Animals, Robot, Object based, everything is good as long as it's not something disrespectful to a certain group or culture!

Adoptables may be submitted by emailing an unwatermarked version of the character's reference sheet to [email protected]

Please provide any relevant information (like if it is part of a closed species or not) and howyou would prefer to be credited for it.

Please provide proof in the email you are the one who drew it! (Screenshot of wips or art program open with some of the layers invisible is a good way to do this)

If this character has been drawn before please include all art of the character and any relevant credits/sources for the art.

If this is a previously used character that has been used publicly for NSFW purposes/has NSFW art we ask you please don't submit it so we can keep this blog fully sfw accessable! We just don't want anyone uncomfortable with NSFW things or underage to run across art or writing of the character they purchased doing these things and becoming uncomfortable with owning it. (That being said if you purchase something from here and want to do that kind of stuff once the transaction is over and you own it we can't and won't try to stop you. It's not a moral judgement, just a keeping the blog sfw thing.)

Please say how much you would like the Adoptable to go for in USD or we will pick for you!

Any adoptable you send must be your own art and if it is a closed species you must be the one to own that closed species.

Please send only one adoptable per png image as we do not do adoptables in batches. If there are multiple characters that are meant to be adopted together as a group (like a pair of twins or a witch and Familiar duo) that is allowed.

Bases are not allowed unless it's one you made yourself for your own use only.

You may sign your art but large and intrusive watermarks are not allowed as Adoptables4Earthjustice will be using a custom one to prevent theft. If your submission's watermark is deemed to be too intrusive to our own we will politely contact you and ask it to be revised. You are absolutely going to be credited and we are not trying to prevent that but we would like to work together to keep things presentable.

Low effort, low quality, or inappropriate (nsfw) submissions will not be accepted. This means keeping it PG-13 and censoring things like the "swimsuit area" with eaither underwear, censor blocks, or fur if relevant.

Fetish based OCs or characters that are clearly over sexualized will not be accepted. These will be judged on a case by case basis. If your character submission has been rejected you will be informed.

By submitting a character you are consenting to your art being judged by these standards and agreeing you aren't going to be rude or retaliate if it's rejected based on this.

I won't share or make fun of anyone who's submissions are rejected by these standards! You are appreciated for submitting but I will enforce these boundaries to keep things presentable and safe for everyone to interact with.

If someone has received the OC you made for this and you do not like how they are using it or a way they have changed it you are not allowed to harass them about it. They own the character rights now and you are submitting it knowing you are giving up the rights to it. If it is part of a closed species and people are not respecting the lore and such you may gently reach out to them but harassment is never tolerated and will result in you being blacklisted from participating. Please do not submit OCS if you don't agree with this!

Other Information

Adoptables that are available will be tagged as #A4EJ unadopted for the convenience of anyone shopping around

Any general posts that are not an adoptable (like an announcement or something) will be tagged with #A4EJ General

I am a human being who wants to do good and makes mistakes! If there's a problem please come talk to me in a mature and respectful way! I promise I'm trying my best and want to keep things running smoothly here.

If there are any issues you see please send me a DM so I can fix it!

This is my blog and I can and will block you if I think you're being rude, mean, or antagonizing to myself or others. The only thing I will ever owe you is giving you something you donated money for.

I will take art theft seriously and if you run into any issues with it I'll do what I can do back you up. I can't promise I can fix or solve anything but I am willing to give whatever proof I can you own something.

More information about Earthjustice:

Earthjustice is a non-profit public interest law organization dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. They bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.

Here's a random assortment of screenshots to show some stuff they've helped with in the past:

#environmental protection #enviromental #activist #activism #charity #adoptable #artists on tumblr #original character #oc adopt #enviromentalism #oc community #fundraising #earthjustice #oc artist

[berylallee]

Check out my Film Premiere/Charity Stream on April 22: I will be doing some live drawing and sharing my animation process. All proceeds will go to the Earth Justice charity. Follow me on Twitch to stay updated!

#recordhighs #film #animation #frogs #olympics #floppy #feet #charity #earthjustice

[arthropooda]

ANCHORAGE, AK — The Biden administration today announced its approval of ConocoPhillips’s Willow project, ignoring pleas from millions who called for the Alaska oil-drilling plan to be halted due to concerns about climate change. The Interior Department released a record of decision (ROD) that largely reflects ConocoPhillips’s desired project blueprint and ignores its dire climate and biodiversity impacts. Approval of the Willow project stands in stark contrast to President Biden’s climate goals and commitment to the Paris agreement.

Interior’s decision approves three drilling pads, which combined will produce 92% of the oil ConocoPhillips initially sought to develop, a staggering climate impact amounting to more than 260 million metric tons of greenhouse gases (GHG). The GHG emissions from Willow will equal that of 56 million cars driven for one year, or nearly 70 coal fired power plants operating for one year. This project is also intended to be a stepping-stone for future development.

#Earthjustice #Biden administration #Conocophillips #Willow oil #Alaska #Climate change #Project #Willow oil project #Willow #@abbiedillen #Climate #Anchorage #Interior department #Rod #President biden #Paris agreement #Ghg #Development

[environmentalwatch]

Fortistar Deal May Be Illegal

Crypto Mining Company Increases Emissions by 3,000%

The Fortistar power plant in upstate New York has been taken over by a cryptocurrency mining company, and environmental activists are suing to stop it. Digihost describes themselves as a Blockchain Technology Company with a focus on Bitcoin mining. “Our growth-oriented strategy is to continuously exploit opportunities that increase mining hash rate; reduce energy costs through favorable contracts…

View On WordPress

#clean air coalition of western new york #cryptocurrency #digihost #earthjustice #fortistar #New York #north tonawanda #power station

[reduxpictures]

ReduxStock: Photo by Vaughan Leighton Brookfield/The New York Times/Redux of Julian Robertson on Earth Justice, August 25, 2022.

#vaughnleightonbrookfield #reduxpictures #reduxstock #earthjustice

[chillmster]

(via GIPHY)

#giphy #nature #earth #tree #forest #earthjustice #earth justice

[personal-blog243]

#please sign and share #petition #petitions #please sign this petition #please share #please sign #save national parks #Earthjustice #save the Grizzlies

[kp777]

By Julia Conley

Common Dreams

April 15, 2024

Climate action groups are vehemently rejecting the Biden administration's claim that the approval of a new offshore oil terminal—planned to be the largest in the U.S.—is in the "national interest," after the U.S. Department of Transportation announced the project had met several federal requirements and could begin operations by 2027.

The agency's Maritime Administration said last week that Enterprise Product Partners, a Houston-based pipeline company, had been granted a deepwater port license to build the Sea Port Oil Terminal (SPOT) near Freeport, Texas following a five-year federal review process.

The federal government determined the $1.8 billion terminal project had undergone sufficient environmental impact reviews and would overall benefit the country—even as it was projected by the Sierra Club, which has fought SPOT for several years, to emit greenhouse gases equivalent to those of nearly 90 coal-fired power plants.

"The evidence is clear that SPOT would be catastrophic to the climate, wildlife, and frontline communities of the Gulf," said Devorah Ancel, senior attorney with the Sierra Club. "It threatens the future existence of the endangered Rice's whale with a population of less than fifty, and its ozone pollution would compromise the health of thousands of Gulf residents who have endured decades of fossil fuel industry pollution. Make no mistake, SPOT is not in the national interest."

The project is expected to include two pipelines that would carry crude oil to the deepwater port each day, enabling the export of 2 million barrels of crude oil, loaded onto two supertankers at once, daily.

"Nothing about this project is in alignment with Biden's climate and environmental justice goals," said Kelsey Crane, senior policy advocate at Earthworks. "The communities that will be impacted by SPOT have once again been ignored and will be forced to live with the threat of more oil spills, explosions, and pollution. The best way to protect the public and the climate from the harms of oil is to keep it in the ground."

Allie Rosenbluth, U.S. manager at Oil Change International, noted that the project has been approved despite the International Energy Agency's clear assessment in 2021 that "all new investments in oil and gas projects must stop if the world is going to reach its climate goals," including limiting planetary heating to 1.5°C.

"The Biden administration's decision to approve the Sea Port Oil Terminal is a grave mistake. This approval will only harm local communities and ecosystems, and lead to even more devastating impacts of the climate crisis," said Rosenbluth. "The U.S. is already the largest producer of oil and gas and has the largest expansion plans globally. Instead of continuing this legacy of harm by approving fossil fuel projects, President Biden should be listening to the science and the masses of his constituents calling for an end to fossil fuels."

The direct action group Climate Defiance expressed doubt that the approval of SPOT will help Biden win over any voters as the 2024 election approaches.

Nine in 10 Democratic voters and Democratic-leaning independents told Pew Research Center last year that they believe the U.S. should prioritize developing renewable energy sources—and two-thirds of Republican voters under age 30 agreed.

"This project would be the single-largest oil export terminal in the U.S." said the group. "We are being boiled alive here, literally burned to death by 'moderate' politicians who see fit to torch us in the name of quarterly profits. How can we live like this? How can this go on?"

Last year was the hottest on record, and the first three months of 2024 have each broken records for high global temperatures. Scientists found last year that climate disasters including wildfires in Canada and extreme heat in Europe were made far more likely by fossil-fueled planetary heating.

Local organizers in Texas condemned the Biden administration's decision to ignore campaigners who have warned of the danger SPOT poses to marine habitats as well as people who live in the area where two crude oil pipelines have now been given final approval to run.

"We continue to struggle to see why Biden and [Transportation Secretary Pete] Buttigieg prefer to protect the corporate profits of billion-dollar oil giants like Enbridge and Enterprise over the hardcore objections of the people who would have to live with the consequences of pipelines criss-crossing our beaches," said Trevor Carroll, Brazoria County lead organizer with Texas Campaign for the Environment. "If you care about environmental justice and the climate, you just can't support a monstrosity like SPOT. The local community and the global climate justice movement are continuing to fight... This is not over."

Melanie Oldham, director of Better Brazoria, said SPOT will be "an oil spill waiting to happen that would not only lower property value, but harm our local ecosystems, ecotourism, beaches, recreation, and kill marine life like the endangered Rice's whale and Kemp's Ridley sea turtles."

"Those of us residents, beachgoers, and voters that have for the past four years opposed the SPOT offshore terminal and pipelines are very disappointed with the approval of the project license," said Oldham. "President Biden has again broken promises to protect frontline communities in Surfside and Freeport."

The administration's approval came three months after the White House announced it was delaying consideration of new gas export terminals, and the same day the federal government said fossil fuel companies will have to pay higher royalties in order to drill on federal lands.

But those climate actions paired with the SPOT approval amount only to "flip flopping," said Climate Defiance.

"It is not enough that the administration stopped new gas exports if they are going to back stab us with this death-sentence decision now," said the group. "This is not us being 'ungrateful.' This is the science. The pure, unvarnished, science."

#climate defiance #climate emergency #fossil fuels #crude oil #texas #enterprise product partners #sea port oil terminal #earthjustice #sierra club #joe biden #pete buttigieg #u.s. department of transportation

[zentouro]

hello it is the only Good Time, the project for awesome.

#vote for earthjustice #p4a #p4a2023 #project for awesome

[pnwnativeplants]

"A federal district court recently ruled that a large portion of Electron Dam must be removed from the Puyallup River in Washington because the dam harms fish protected under the Endangered Species Act.

Electron Dam has been harming Chinook salmon, steelhead, and trout for nearly 100 years. In 2020, the company that operates the dam tried to replace a spillway and botched the job, creating more hazards for the fish. Earthjustice went to court to press for the new segment’s removal on behalf of the Puyallup Tribe. Salmon and other native fish play a critical role in the Tribe’s culture and economy. With this part of the dam gone, the river will flow naturally for the first time in almost a century."

#salmon #chinook #ecological restoration

[typhlonectes]

Wolverines finally get important federal protection!

The US Fish and Wildlife Service finally announced it will protect the wolverine population in the lower 48 states as threatened under the Endangered Species Act, a decision that will provide this rare wilderness species with new legal protections and programs for recovery. The decision represents the culmination of a campaign over decades that required six rounds of successful litigation to secure protections. As we face a biodiversity crisis, this is a hard-fought and much-needed victory.

via: Earthjustice

#wolverine #mustelid #mammal #endangered #conservation #climate change #climate science #north america #nature #science #animals