The Dakota Access Pipeline protest camp in North Dakota on the day it was slated to be raided, Feb. 22, 2017. Michael Nigro / Pacific Press / LightRocket via Getty Images
Nearly four years after massive protests drew worldwide attention to the struggle of indigenous peoples to protect their land from fossil fuel projects, a federal judge has ordered a full environmental review of the controversial Dakota Access Pipeline (DAPL).
Wednesday's ruling is a long-deferred victory for the Standing Rock Sioux Tribe, who have been concerned the pipeline will leak where it runs below the Missouri River just upstream of their reservation, contaminating their drinking water, as NPR explained.
"After years of commitment to defending our water and earth, we welcome this news of a significant legal win," Standing Rock Sioux Tribe Chairman Mike Faith said in a press release announcing the decision. "It's humbling to see how actions we took four years ago to defend our ancestral homeland continue to inspire national conversations about how our choices ultimately affect this planet. Perhaps in the wake of this court ruling the federal government will begin to catch on, too, starting by actually listening to us when we voice our concerns."
Permits for the pipeline were denied by the Obama administration following massive protests in 2016, and the the U.S. Army Corps of Engineers was set to conduct a full environmental review, as The Associated Press explained. But when President Donald Trump took office, he rushed through the pipeline approval process via executive order and the review was jettisoned, until now.
Judge James Boasberg said the approval process was "highly controversial" and ordered a thorough review.
"The many commenters in this case pointed to serious gaps in crucial parts of the Corps' analysis – to name a few, that the pipeline's leak-detection system was unlikely to work, that it was not designed to catch slow spills, that the operator's serious history of incidents had not been taken into account, that the worst-case scenario used by the Corps was potentially only a fraction of what a realistic figure would be – and the Corps was not able to fill any of [the gaps in the analysis]," Boasberg argued, according to NPR.
The more than 1,000-mile pipeline carries crude oil from North Dakota to Illinois and is owned by Energy Transfer Partners. But the company and the Army Corps lawyers declined to comment on the case to NPR and The Associated Press.
Oil has been flowing through the pipeline since June 2017, and it is not clear if it will stop while the review takes place. Boasberg has ordered both the tribe and the Army Corps to submit briefs making their case.
But Earthjustice attorney Jan Hasselman, who represents the tribe, vowed to ultimately stop that flow.
"This validates everything the Tribe has been saying all along about the risk of oil spills to the people of Standing Rock," Hasselman said. "The Obama administration had it right when it moved to deny the permits in 2016, and this is the second time the Court has ruled that the government ran afoul of environmental laws when it permitted this pipeline. We will continue to see this through until DAPL has finally been shut down."
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U.S. Ranks 24th in New Environmental Performance Index, Near Bottom of Developed Countries
14h
Politics
A coke storage area is seen as steam rises from the quench towers at the US Steel Clairton Works on Jan. 21, 2020, in Clairton, Pennsylvania. White plumes of smoke billow above western Pennsylvania's rolling hills as scorching ovens bake coal, which rolls in by the trainload along the Monongahela River. BRENDAN SMIALOWSKI / AFP via Getty Images
President Trump's claim that the U.S. has the cleanest air and water in the world has been widely refuted by statistics showing harmful levels of pollution. Now, a new biannual ranking released by researchers at Yale and Columbia finds that the U.S. is nowhere near the top in environmental performance, according to The Guardian.
<p>Not only is the U.S. not in the top 10, it's not in the top 20. It ranks 24th in the 2020 <a href="https://epi.yale.edu/2020-epi" target="_blank">Environmental Performance Index</a> (EPI), which was released on Thursday. The top ranked country, Denmark, has made commitments to a carbon-free future, renewable energy and sustainable agriculture. By contrast, the U.S., during the Trump administration, has worked at breakneck speed to rollback environmental regulations, expand <a href="https://www.ecowatch.com/tag/fossil-fuels" target="_self">fossil fuel</a> development, and ditch international treaties protecting the environment. He has even questioned climate science and ridiculed its findings.</p><p>"If you look at Denmark, they're doing great but they're a tiny fraction of overall carbon emissions or greenhouse gas emissions broadly," said Zach Wenderling, lead researcher on the index, as <a href="https://www.theguardian.com/environment/2020/jun/04/us-ranks-24th-in-the-world-on-environmental-performance" target="_blank">The Guardian</a> reported. "The U.S. is one of the top five players in every greenhouse gas, so we need to do better than just OK if we're going to generate the best practices."</p>
<p>Many signatories to the <a href="https://www.ecowatch.com/tag/paris-agreement">Paris agreement</a> have ramped up their commitments to have net-zero carbon emissions by 2050, especially in Europe. European countries performed the best in the new index. After Denmark, Luxembourg, Switzerland, and the United Kingdom rounded out the top four, according to <a href="https://www.theguardian.com/environment/2020/jun/04/us-ranks-24th-in-the-world-on-environmental-performance" target="_blank">The Guardian</a>.</p><p>Researchers at Yale and Columbia universities produce the global report, which is released every two years. It ranks 180 of the world's nations on 24 key indicators in 10 categories related to environmental health and ecosystem vitality.</p><p>The data-driven and empirical approach to environmental protection makes it easier to spot problems, track trends, highlight policy successes and failures, identify best practices, and optimize the benefits of investing in environmental protection, said Daniel Esty, a professor of environmental law and policy at Yale, in a university <a href="https://environment.yale.edu/news/article/dan-esty-on-the-2020-environmental-performance-index" target="_blank">press release</a>.</p><p>"[T]he EPI provides a clear and compelling way to see which countries are leading issue by issue, who is lagging, and what the best policy practices look like across a range of critical environmental challenges," said Esty, in the university <a href="https://environment.yale.edu/news/article/dan-esty-on-the-2020-environmental-performance-index" target="_blank">press release</a>.</p>
<p>Since the EPI was created in the year 2000, the U.S has never reached the top of the rankings.</p><p>"Countries that make an effort do better than those that don't don't and the U.S. right now is not making an effort. That shows up in a stagnation in the rankings where others are really seeing some significant improvements," said Esty, as <a href="https://www.theguardian.com/environment/2020/jun/04/us-ranks-24th-in-the-world-on-environmental-performance" target="_blank">The Guardian</a> reported.</p><p>The U.S., which is the second largest contributor of greenhouse gas emissions after China, is near the bottom of the rankings for advanced industrial countries. China, which suffers from poor air quality, has made significant investments in solar energy and reducing its dependence on coal, and climbed the rankings to 120th place. China is still a big polluter but has made "much more dramatic progress than other countries," Esty said, as <a href="https://www.theguardian.com/environment/2020/jun/04/us-ranks-24th-in-the-world-on-environmental-performance" target="_blank">The Guardian</a> reported.</p><p>China's ranking as the world's worst contributor to the <a href="https://www.ecowatch.com/tag/climate-crisis">climate crisis</a> is only recent. Over time, the U.S. has put more heat trapping gases into the air than any other country. India, which also sees its cities choking under polluted air quality, ranked 168th.</p>
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Students walk by a sign reading "Climate Change" at the Doctor Tolosa Latour public school in Madrid, Spain on Sept. 9, 2014. In the U.S., New Jersey will be the first state to make the climate crisis part of its curriculum for all K-12 students. PIERRE-PHILIPPE MARCOU / AFP via Getty Images
New Jersey has invested in the future health of the planet by making sure the next generation of adults knows how human activity has had a deleterious effect on the planet. The state will be the first in the nation to make the climate crisis as part of its curriculum for all students, from kindergarten all the way to 12th grade, as NorthJersey.com reported.
<blockquote class="twitter-tweet"><p lang="en" dir="ltr">BIG NEWS: <a href="https://twitter.com/GovMurphy?ref_src=twsrc%5Etfw">@GovMurphy</a> and I are proud to announce that New Jersey is the FIRST STATE IN THE NATION to incorporate climate change education across our K-12 learning standards – preparing our students for the future green economy.🌎 <a href="https://t.co/SJ2NS8DtWh">pic.twitter.com/SJ2NS8DtWh</a></p>— Tammy Murphy (@FirstLadyNJ) <a href="https://twitter.com/FirstLadyNJ/status/1268285809611816961?ref_src=twsrc%5Etfw">June 3, 2020</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
<p>The Garden State's Board of Education adopted the standards on Wednesday, with the intention of implementing them for the start of school in September 2021.</p><p>The move drew praise from former Vice President Al Gore, who said in a statement, according to <a href="https://www.nj.com/news/2020/06/nj-schools-will-teach-climate-change-education-with-new-curriculum.html" target="_blank">NJ.com</a>: "I am incredibly proud that New Jersey is the first state in the nation to fully integrate climate education in their K-12 curricula. This initiative is vitally important to our students as they are the leaders of tomorrow, and we will depend on their leadership and knowledge to combat this crisis."</p>
<p>As <a href="https://www.nj.com/news/2020/06/nj-schools-will-teach-climate-change-education-with-new-curriculum.html" target="_blank">NJ.com</a> reported, the <a href="https://www.nj.gov/education/cccs/2020/" target="_blank">New Jersey Student Learning Standards</a>, which outline what is taught in New Jersey's public schools, now include language that requires <a href="https://www.ecowatch.com/tag/climate-change">climate change</a> education across seven areas: 21st Century Life and Careers, Comprehensive Health and Physical Education, Science, Social Studies, Technology, Visual and Performing Arts, and World Languages.</p><p>The move makes New Jersey the first in what is likely to be a nationwide trend. <a href="https://www.npr.org/2019/04/22/714262267/most-teachers-dont-teach-climate-change-4-in-5-parents-wish-they-did" target="_blank">According to a NPR/Ipsos poll published last year</a>, more than 80 percent of American parents and nearly 90 percent of American teachers said that climate change should be taught in schools.</p>
<p>New Jersey's First Lady Tammy Murphy had pushed for the change and was thankful to the board for the initiative on Wednesday, saying that it is a symbol of the state's commitment to the health and well-being of future generations.</p><p>"The adoption of these standards is much more than an added educational requirement; it is a symbol of a partnership between generations," said Murphy, in a statement, as <a href="https://patch.com/new-jersey/wyckoff/new-jersey-curriculum-feature-climate-change-education" target="_blank">Patch</a> reported.</p><p>"Decades of short-sighted decision-making has fueled this crisis and now we must do all we can to help our children solve it. This generation of students will feel the effects of climate change more than any other, and it is critical that every student is provided an opportunity to study and understand the climate crisis through a comprehensive, interdisciplinary lens," her statement added.</p><p>The release noted that climate change standards have also been added to the appendices of the math and English language arts guidelines, which are up for review in 2022, according to <a href="https://patch.com/new-jersey/wyckoff/new-jersey-curriculum-feature-climate-change-education" target="_blank">Patch</a>.</p>
<p>Governor Phil Murphy first announced the future curriculum change in his State of the State speech in January, saying that it was a cornerstone of his clean energy push, according to <a href="https://www.northjersey.com/story/news/environment/2020/06/03/nj-becomes-first-state-require-climate-change-k-12-curriculum/3136671001/" target="_blank">NorthJersey.com</a>.</p><p>Murphy said in a statement that the new standards will prepare a new generation for an economy that will be shaped by impacts from the climate crisis, particularly the energy sector.</p><p>"A top priority of my Administration has been to reestablish New Jersey's role as a leader in the fight against climate change," Murphy said in the statement, as <a href="https://www.nj.com/news/2020/06/nj-schools-will-teach-climate-change-education-with-new-curriculum.html" target="_blank">NJ.com</a> reported. "The adoption of these standards across our K-12 schools is an important step forward that will strengthen the future of New Jersey's green energy economy."</p>
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Some reservations are reporting infection rates many times higher than those observed in the general U.S. population. grandriver / Getty Images
By Lindsey Schneider, Joshua Sbicca and Stephanie Malin
The SARS-CoV-2 virus is novel, but pandemic threats to indigenous peoples are anything but new. Diseases like measles, smallpox and the Spanish flu have decimated Native American communities ever since the arrival of the first European colonizers.
<p>Now COVID-19 is having similarly devastating impacts in Indian country. Some reservations are reporting infection rates <a href="https://www.pbs.org/newshour/nation/how-covid-19-is-impacting-indigenous-peoples-in-the-u-s" target="_blank">many times higher</a> than those observed in the general U.S. population.</p><p>We are social scientists who study many aspects of <a href="http://environmentaljustice.colostate.edu/" target="_blank">environmental justice</a>, including <a href="https://scholar.google.com/citations?user=p3jvlSAAAAAJ&hl=en" target="_blank">the politics of food access and food sovereignty</a>, the impacts of <a href="https://www.libarts.colostate.edu/people/samalin/" target="_blank">extractive resource industries</a> like uranium and fossil fuels, and how Indigenous communities <a href="https://ethnicstudies.colostate.edu/people/schneidl/" target="_blank">navigate relationships</a> with state and federal governments to maintain their traditional practices. As we see it, Native American communities face structural and historical obstacles related to settler colonial legacies that make it hard for them to counter the pandemic, even by drawing on innovative indigenous survival strategies.</p>
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History Reverberates on Native Lands
<p>Native communities in North America have been disrupted and displaced for centuries. Many face long-standing food and water <a href="http://www.nativepartnership.org/site/DocServer/2017-PWNA-NPRA-Food-Insecurity-Project-Grow.pdf?docID=7106" target="_blank">inequities</a> that are further complicated by this pandemic.</p><p>On the Navajo reservation, which covers more than 27,000 square miles in Arizona, Utah and New Mexico, 76% of households already <a href="https://www.researchgate.net/publication/235390130_High_levels_of_household_food_insecurity_on_the_Navajo_Nation" target="_blank">have trouble affording enough healthy food</a>, and the nearest grocery store is often hours away. COVID-related restrictions have further curtailed access to food supplies.</p><p>Clean water for basic sanitary measures like hand-washing is also scarce. Native Americans are <a href="http://uswateralliance.org/sites/uswateralliance.org/files/Closing%20the%20Water%20Access%20Gap%20in%20the%20United%20States_DIGITAL.pdf" target="_blank">19 times more likely</a> to lack indoor plumbing than whites in the U.S. Nearly one-third of Navajo households <a href="https://www.nbcnews.com/news/us-news/coronavirus-hits-indian-country-hard-exposing-infrastructure-disparities-n1186976" target="_blank">lack access to running water</a>.</p><p>Many <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6915e3.htm" target="_blank">health issues</a> that can increase COVID-19 mortality rates occur at high levels among Native Americans. These <a href="http://www.ncai.org/news/articles/2020/03/18/the-national-congress-of-american-indians-calls-for-more-attention-to-covid-19-impacts-to-indian-country" target="_blank">underlying</a> and <a href="https://doi.org/10.1016/S0140-6736(20)30893-X" target="_blank">preexisting</a> conditions – things like hypertension, diabetes, obesity and cardiovascular disease – are <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6913e2.htm" target="_blank">linked to diet</a> and stem from <a href="https://www.oupress.com/books/15107980/indigenous-food-sovereignty-in-the-united-sta" target="_blank">disruption and replacement</a> of Indigenous food systems.</p><img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzM3MTU0NC9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYyOTk2NTM0NX0.3CE9pzZY4kFQuxBt-qbXzL3k3eZ2kWECmfUQDuaXB1g/img.png?width=980" id="9280a" class="rm-shortcode" data-rm-shortcode-id="ce361030764cdb944feafe177d19b2c1" data-rm-shortcode-name="rebelmouse-image" />
American Indians and Alaska Natives (AI/AN) experience higher rates of chronic diseases than non-Hispanic Whites. Urban Indian Health Institute; data from CDC, CC BY-ND
<p>Meanwhile, <a href="https://www.npr.org/2020/04/07/828688372/overcrowding-makes-it-hard-for-native-americans-to-socially-distance" target="_blank">housing shortages</a> on reservations and <a href="https://indiancountrytoday.com/news/homeless-vulnerable-and-no-option-for-self-isolation--DGU3-v-FEWmTxrdIH73OA" target="_blank">homelessness</a> in urban Native communities make social distancing to reduce COVID-19 transmission impossible.</p>High Exposure Rates
<p>These factors have clear health impacts. On the Navajo reservation, for instance, through May 27, 2020, <a href="https://www.navajo-nsn.gov/News%20Releases/OPVP/2020/May/FOR%20IMMEDIATE%20RELEASE%20-%201620%20recoveries_102%20new%20cases%20of%20COVID-19_and%20one%20more%20death%20reported.pdf" target="_blank">4,944 people</a> out of a population of 173,000 had tested positive for COVID-19, and 159 had died.</p><p>This infection rate per capita exceeds those in hot spots such as <a href="https://www.forbes.com/sites/alexandrasternlicht/2020/05/19/navajo-nation-has-most-coronavirus-infections-per-capita-in-us-beating-new-york-new-jersey/#11a4fac08b10" target="_blank">New York and New Jersey</a>. Importantly, however, it may also reflect a much <a href="https://www.sltrib.com/news/2020/04/19/navajo-nation-has-higher/" target="_blank">more proactive approach to testing</a> on reservations than in many other jurisdictions.</p><p>The fact that elderly people are especially vulnerable to COVID-19 could worsen the pandemic's effects in Indian Country. Elders are the <a href="https://ais.washington.edu/research/publications/spirits-our-whaling-ancestors" target="_blank">keepers of traditional knowledge, tribal languages and culture</a> – legacies whose loss already threatens the persistence of indigenous communities.</p><p>Elders also play key roles in preserving traditional plant and medicine knowledge. In the absence of COVID-19 interventions from Western medicine, many elders have been called on to perform healing practices, which increases their exposure risk.</p>Little Help From Federal and State Governments
<p>Many tribal members rely on the federal government's <a href="https://www.ihs.gov/" target="_blank">Indian Health Service</a> for health care. But <a href="https://theconversation.com/tribal-leaders-face-great-need-and-dont-have-enough-resources-to-respond-to-the-coronavirus-pandemic-134372" target="_blank">lack of capacity</a> at the agency has hampered its response. Budget shortfalls, <a href="https://indiancountrytoday.com/news/report-grossly-inaccurate-data-used-to-divvy-up-relief-funds-for-tribes-9qkkHmeXj0uhRC42mXYqCA" target="_blank">inaccurate data</a>, the challenges of providing <a href="https://indiancountrytoday.com/news/coronavirus-risk-is-compounded-by-the-rural-DC-rMTUzzE6WDGee8jbENQ" target="_blank">rural health care</a> and ongoing personnel shortages in IHS clinics are compounded by staff being <a href="https://navajotimes.com/reznews/dikos-ntsaaigii-doodaa-nation-musters-defense-against-covid-19/" target="_blank">pulled away</a> to fight the virus in large cities.</p><p>And while many states have raised frustrations with the Trump administration's unwillingness to distribute protective supplies from the <a href="https://www.vox.com/recode/2020/4/3/21206170/us-emergency-stockpile-jared-kushner-almost-empty-coronavirus-medical-supplies-ventilators" target="_blank">dwindling national stockpile</a>, IHS and tribal health care authorities <a href="https://www.azpm.org/p/home-articles-news/2020/3/17/167874-bill-calls-for-more-tribal-community-access-to-federal-stockpile-of-medical-supplies/" target="_blank">never had access</a> to the stockpile at all.</p><p>Although the federal government has begun <a href="https://www.hhs.gov/about/news/2020/05/22/hhs-announces-500-million-distribution-to-tribal-hospitals-clinics-and-urban-health-centers.html" target="_blank">distributing relief funds</a> to IHS agencies, there have been serious problems with the accompanying supplies. The Navajo Nation has received <a href="https://www.indianz.com/News/2020/05/22/propublica-former-trump-aide-provided-fa.asp" target="_blank">faulty masks</a>, and a Seattle Native health center asked for tests but <a href="https://www.nbcnews.com/news/us-news/native-american-health-center-asked-covid-19-supplies-they-got-n1200246" target="_blank">received body bags instead</a>.</p><p>Meanwhile, federally imposed limits on tribal sovereignty have obstructed tribal governments' efforts to deal with the pandemic themselves. Federal and state governments are <a href="https://www.seattletimes.com/seattle-news/makah-tribe-fights-coronavirus-with-self-reliance-and-extreme-isolation/" target="_blank">challenging tribes' jurisdictional authority</a> to <a href="https://www.azfamily.com/news/mayor-of-page-accused-of-racist-social-media-comment-toward-navajo-nation-president/article_e2e6efd6-8db4-11ea-a8a2-7f6976d702f6.html" target="_blank">close borders to tourists</a> who may carry the virus. South Dakota's governor has <a href="https://www.theguardian.com/us-news/2020/may/14/sioux-coronavirus-roadblocks-south-dakota-governor" target="_blank">threatened legal action</a> against two tribes who set up checkpoints to monitor incoming traffic on their reservations.</p><iframe width="100%" height="150" scrolling="no" class="rm-shortcode twitter-embed-1263623015209725952" id="twitter-embed-1263623015209725952" lazy-loadable="true" src="/res/community/twitter_embed/?iframe_id=twitter-embed-1263623015209725952&created_ts=1590106178.0&screen_name=WestRiverEagle1&text=%23CheyenneRiverSiouxTribe+Chairman+Harold+Frazier%3A+Our+checkpoints+are+saving+lives+and+no+one%E2%80%99s+going+to+do+it+but%E2%80%A6+https%3A%2F%2Ft.co%2FbAzHmY1CN6&id=1263623015209725952&name=West+River+Eagle+Official" frameborder="0" data-rm-shortcode-id="7f93e7825d266dabf962ece41883a742"></iframe>
Environmental Injustices on Native Land
<p>Energy development and resource extraction have had <a href="https://www.haymarketbooks.org/books/898-all-our-relations" target="_blank">disproportionate impacts</a> on tribes for many years. Today, many Native American leaders worry that ongoing energy production – <a href="https://www.ncsl.org/research/labor-and-employment/covid-19-essential-workers-in-the-states.aspx" target="_blank">an "essential" activity under federal guidelines</a> will bring outsiders into close contact with reservation communities, worsening COVID risks.</p><p>The owners of the Keystone XL oil pipeline have announced that they intend to continue construction, which will bring an influx of workers along the proposed route through Montana, South Dakota and Nebraska. The Rosebud Sioux Tribe in South Dakota and Fort Belknap Indian community in Montana have filed for a <a href="https://www.narf.org/keystone-xl/" target="_blank">temporary restraining order</a>, and a key permit for the pipeline was <a href="https://www.democracynow.org/2020/4/16/headlines/us_judge_revokes_crucial_permit_for_keystone_xl_pipeline" target="_blank">revoked in April 2020</a>, but work continues at the U.S.-Canada border.</p><p>Construction is accelerating on the <a href="https://www.azcentral.com/story/news/politics/border-issues/2020/03/17/border-patrol-waives-laws-border-wall-construction-southern-arizona/5063618002/" target="_blank">southern border wall</a>, which bisects the <a href="http://www.tonation-nsn.gov/" target="_blank">Tohono O'odham reservation</a> in Arizona and Mexico. The Trump administration has <a href="https://www.thenation.com/article/politics/border-coronavirus-military-immigration/" target="_blank">increased patrols at the border</a>, despite the tribe's concern that the patrols' presence is <a href="https://www.usatoday.com/story/news/nation/2020/04/06/coronavirus-cbp-160-cases-covid-19-officers-agents/2958736001/" target="_blank">spreading coronavirus</a> on the reservation.</p><p>And in Bristol Bay, Alaska, a salmon fishing season that brings in thousands of temporary workers is <a href="https://indiancountrytoday.com/news/it-s-hard-when-you-love-something-xlS49l2N20KZjqumwfzZfQ" target="_blank">set to open in June</a> because the federal government has also deemed commercial fishing "<a href="https://www.cisa.gov/sites/default/files/publications/CISA-Guidance-on-Essential-Critical-Infrastructure-Workers-1-20-508c.pdf" target="_blank">essential critical infrastructure</a>." Many local Native villages depend on the fishery for income, but have nonetheless pleaded with state regulators to <a href="https://indiancountrytoday.com/news/urgent-calls-to-close-the-massive-bristol-bay-fishery-8lYsGkUeDUyCBW7FMwpSfA?fbclid=IwAR1710u4rQnriq_MgH2ueQxOFtfGiGiH8I2ZdJRCZS9f28Zl-JNkPLpnzZo" target="_blank">cancel the season</a>. The regional hospital has just four beds for possible COVID-19 patients.</p>Bold Action in Native Communities
<p>Native communities are taking decisive action to reduce the spread of COVID-19. They're imposing aggressive <a href="https://www.nytimes.com/2020/04/09/us/coronavirus-navajo-nation.html" target="_blank">quarantine</a> measures like lockdowns, curfews and border closures. Communities are <a href="https://www.theguardian.com/us-news/2020/mar/18/covidcoronavirus-native-american-lummi-nation-trailblazing-steps" target="_blank">ramping up health care capacity</a> and elder support services, and banishing nontribal members who <a href="https://rapidcityjournal.com/news/local/oglala-sioux-council-banishes-non-member-with-covid-19-from-reservation/article_60b665c3-9d1b-5d48-a576-51774e4fb41a.html" target="_blank">violate travel restrictions</a>.</p><p>Other strategies include helping hunters <a href="https://indiancountrytoday.com/news/ammo-fuel-for-hunters-to-feed-others-Ki3zK6du-ky-UogoB9-aNQ" target="_blank">provide traditional foods</a> to their communities, <a href="https://ndncollective.org/indigenizing-and-decolonizing-community-care-in-response-to-covid-19/" target="_blank">mobilizing to support tribal health care workers</a>, and <a href="https://www.ehn.org/coronavirus-native-americans-2645923635.html" target="_blank">linking the pandemic and the climate crisis</a>. Looking ahead to a post-COVID future, we believe one priority should be attending to <a href="http://www.beacon.org/As-Long-as-Grass-Grows-P1445.aspx" target="_blank">front-line environmental justice struggles</a> that center tribes' sovereignty to act on their own behalf at all times, not just during national crises.</p>From Your Site Articles
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As we continue to grapple with the issues of overfishing, plastic pollution, and climate change, there exists an opportunity to address these existential threats with new innovations. Sawitree Pamee / EyeEm
By Kaya Bulbul
The ocean is our lifeline - we rely on it for the food we eat, the air we breathe, as well as for millions for jobs worldwide.
As we continue to grapple with the issues of overfishing, plastic pollution, and climate change, there exists an opportunity to address these existential threats with new innovations, many of which unidentified or insufficiently supported.
<p><span></span><a href="https://www.weforum.org/uplink" target="_blank">UpLink</a> is a response to this demand; a new digital platform to surface the best ideas and solutions for pressing issues and connect them to the world's decision makers.</p><p>The UpLink platform brings together key stakeholders who are championing the Sustainable Development Goals (SDGs): change-makers, social innovators, thematic experts, investors and technology titans.</p><p>The UpLink platform was launched with the <a href="https://uplink.weforum.org/uplink/s/topic/0TO2o000000VefpGAC/ocean" target="_blank">Ocean Solutions Sprint</a>, which has sourced over 50 entrepreneurial solutions from more than 15 countries which respond to the most pressing challenges facing the ocean today and speed up progress being made towards <a href="https://sustainabledevelopment.un.org/sdg14" target="_blank">SDG-14: Life Below Water</a>.</p><p>The sprint culminated at the World Economic Forum's <a href="https://www.weforum.org/events/virtual-ocean-dialogues-2020/" target="_blank">Virtual Ocean Dialogues</a>, where six finalists presented their ideas to a panel of experts and judges from across the industry.</p>
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<p>"We need to get these problems in front of more people so they can pool together their intellect and their heart and add it to this explosive renaissance of ocean problem solving," said Douglas McCauley, Director of the Benioff Ocean Initiative and one of the sprint panelists.</p><p>"We know that just as diversity in a natural system like a coral reef makes it more resilient, more powerful, it makes our problem solving more powerful. I'm excited to have an open platform in UpLink, without any barriers for people to put that diversity together for ocean problem solving."</p>
<p>The three winning innovations helping to save our ocean are:</p><p><a href="https://uplink.weforum.org/uplink/s/uplink-contribution/a012o00001G7khBAAR/cubex-global-marketplace-for-25-billion-revenue-recovery-in-ocean-freight" target="_blank">Cubex Global</a> (Ocean Innovation Award)</p><p>Cubex aims to reduce global shipping emissions by buying and selling unused container space on existing cargo ship routes.<br></p><p>Over 100 million shipping containers are 50% empty while traveling from port to port - a massively wasteful practice that produces 280 million tons of carbon emissions and costs $25 billion USD every year.</p><p>While many traditional companies use phones, fax and email to fill up their containers, Cubex uses a real-time, blockchain-enabled online marketplace which optimizes empty cargo space and can potentially reduce emissions from shipping vessels by up to 20%. Anyone using the platform can buy or sell cubic meters of space on any container going to any destination.</p>
<p><a href="https://uplink.weforum.org/uplink/s/uplink-contribution/a012o00001G7hJOAAZ/recyglo" target="_blank">Recyglo</a> (Action on Ocean Plastic Award)</p><p>Founded in Myanmar in 2017, Recyglo works closely with businesses in the country and surrounding areas on waste management requirements, connecting with logistics and recycling facilities around the world to process waste materials in a safe, non-hazardous manner.<br></p><p>With <a href="https://www.weforum.org/agenda/2018/06/90-of-plastic-polluting-our-oceans-comes-from-just-10-rivers/" target="_blank">8 of the 10 rivers with the most plastic pollution in the world located in Asia,</a> a solution to this problem is desperately needed in the region.</p><p>"The current waste management in Myanmar is fragmented, inefficient and problematic," co-founder and CEO Shwe Yamin Oo has said. As well as helping companies organize their recycling habits and disposing of their waste, Recyglo also provides data analytics on the amounts of waste recycled and the impact on carbon footprint.</p><p>The company is currently managing 500 tons of waste and saving 1470 tons of CO2 every month, and has educated 800,000 people on the merits of proper recycling.</p>
<p><a href="https://uplink.weforum.org/uplink/s/uplink-contribution/a012o00001G7jlbAAB/oceanium-food-and-nutrition-products-from-sustainably-farmed-seaweed" target="_blank">Oceanium</a> (People's Choice Award)</p><p>Oceanium is developing food products and packaging material made from sustainably farmed seaweed.</p><p>What sounds like a simple solution to solving ocean plastic pollution has a raft of environmental benefits. Seaweed farming does not require cleared land which means that deforestation is not necessary. It also sequesters carbon dioxide and nitrogen from the ocean, which reduces atmospheric carbon and ocean acidification, and requires no fertilizer or pesticide to grow.</p><p>Meanwhile, seaweed farms protect the seabed from commercial fishing and create a marine sanctuary for sea life. The company hopes its bio-packaging will replace harmful plastic products. For every ton of plastic replaced by bio-packaging, approximately 1.9 tons of carbon dioxide is prevented from entering the atmosphere.</p><p>Oceanium also believes that seaweed farming could create jobs in coastal communities and developing countries, and could be used to feed livestock and help to end global food insecurity.</p>
<p><em>Reposted with permission from <a href="https://www.weforum.org/agenda/2020/06/3-innovations-that-are-leading-the-fight-to-save-our-ocean/" target="_blank">World Economic Forum.</a></em></p>From Your Site Articles
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The coronavirus adds a new wrinkle to the debate over the practice of eminent domain as companies continue to work through the pandemic, vexing landowners. Patrick J. Endres / Getty Images
By Jeremy Deaton
Pipeline giant Kinder Morgan is cutting a 400-mile line across the middle of Texas, digging up vast swaths of private land for its planned Permian Highway Pipeline. The project is ceaseless, continuing through the coronavirus pandemic. Landowner Heath Frantzen said that dozens of workers have showed up to his ranch in Fredericksburg, even as public health officials urged people to stay at home.
<p>"There weren't wearing masks. They weren't wearing gloves. They weren't practicing social distancing," he said. Frantzen believes the workers pose a danger to him and his 85-year-old father, whom he cares for. While the laborers are confined to the pipeline's path, he worries they could spread the coronavirus by touching fence railings or gates that he might later handle.</p><p>In Texas, where the governor exempted <a href="https://gov.texas.gov/news/post/governor-abbott-issues-executive-order-implementing-essential-services-and-activities-protocols" target="_blank">pipeline projects</a> from his March <a href="https://gov.texas.gov/news/post/governor-abbott-issues-executive-order-implementing-essential-services-and-activities-protocols" target="_blank">stay-at-home order</a>, companies like Kinder Morgan have <a href="https://www.texasobserver.org/kinder-morgan-texas-hill-country-lawsuit/" target="_blank">few checks</a> on their power of eminent domain, which allows them to build pipelines through privately owned farms and ranches that lie in their way. Eminent domain is <a href="https://www.journals.uchicago.edu/doi/pdfplus/10.1086/687322" target="_blank">broadly unpopular</a> and, when used for pipelines, <a href="https://www.stanfordlawreview.org/online/the-public-use-clause-in-an-age-of-u-s-natural-gas-exports/" target="_blank">legally contentious</a>. The coronavirus adds a new wrinkle to the debate over the practice as companies like Kinder Morgan continue to work through the pandemic, vexing landowners.</p><p>"It is wild that people are being forced to accept others onto their land at this time, and if they have an issue with what's happening, they have to put themselves at risk to address workers directly," said Erin Zweiner, who represents Blanco County and Hays County in the Texas House of Representatives. "These are workers who hop all over the country, so they're pretty high-risk spreaders."</p><p><span></span>Allen Fore, vice president of public affairs at Kinder Morgan, said the company has instructed workers on how to avoid spreading the coronavirus, though, he added, it is not always possible to take every precaution.</p>
<p>"Once construction is underway and you're on site, there are some limitations on masks and the distance people need to be away from each other simply for safety and construction purposes," he said, "We do leave that to the discretion of the contractor specific to the tasks that they are performing."</p><p>While eminent domain does entitle landowners in the pipeline's path to compensation, it does nothing for those living nearby who may be impacted by construction. In March, Kinder Morgan <a href="https://www.kvue.com/article/news/local/blanco-water-contaminated-kinder-morgan-permian-highway-pipeline/269-b4224661-b5ab-452f-ae68-e75acf6c2ec4" target="_blank">reportedly</a> spilled drilling fluid into an underground water supply in Blanco County. Teresa Albright, who lives close to the site, <a href="https://www.kvue.com/article/news/local/blanco-water-contaminated-kinder-morgan-permian-highway-pipeline/269-b4224661-b5ab-452f-ae68-e75acf6c2ec4" target="_blank">told KVUE</a> that brown fluid later poured out of her faucet, making it harder to wash her hands or clean her clothes, even as the coronavirus demanded she do both.</p><p>Fore said that Kinder Morgan has supplied water and food to affected homeowners and promised to pay for plumbing repairs. He also said that the company, which is currently facing a <a href="https://www.kvue.com/article/news/local/kinder-morgan-to-be-sued-over-drinking-water-contamination/269-e77fcd0a-7761-4984-92c6-07e48d2146b2" target="_blank">lawsuit</a> over the spill, has halted work at the site of the accident and is looking for alternate routes for the pipeline.</p>Rebekah Sale, executive director of the Property Rights and Pipeline Center, emphasized that Texas isn't the only place where pipeline projects are creating headaches for landowners worried about the coronavirus.
<p>"We have people sending us pictures from these pipeline sites all over where no one's wearing a mask," she said. "People are gathered together. In some cases, they need to bring in 'man camps' of workers to build these pipelines in communities."</p><p>Marvin Winstead of Nash County, North Carolina is battling the planned Atlantic Coast Pipeline, which would run through his farm. In March, Winstead learned the project's managers would be sending assessors from Maryland to estimate the value of his property.</p><p>"Not only did they want to be on my property, they wanted to send these assessors into the interior of my home," he said.</p><p>A spokesperson for Dominion Energy, which is leading the project, said the appraisal would have taken place before North Carolina issued its stay-at-home order at the end of March. After conferring with landowners' attorneys, however, it agreed to postpone its appraisals indefinitely. Winstead was nonetheless alarmed that Dominion had planned to send workers into his home during a pandemic.</p>
<p>Stacey McLaughlin of Douglas County, Oregon said the pandemic has made it more difficult to pay for a lawyer, and thus, harder to fight off Pembina, the company behind the Pacific Connector Pipeline, which would run through her property, a plot that she and her husband restored after it had been logged by the previous owners.</p><p>"I personally have lost all of my income from my work for 2020, and now we are being faced with exorbitant and extraordinary legal fees to fight for our land and against eminent domain," said McLaughlin, a consultant for local governments. "They could, at any day, pursue a court order to try to get on our property to do surveying."</p><p>Champions of the project are <a href="https://www.westernnaturalgas.org/post/openlettertogovernorbrown" target="_blank">pressuring</a> Oregon governor Kate Brown to greenlight the pipeline, claiming it would create thousands of jobs, helping to overcome the economic slump. But McLaughlin said that with the virus still raging, she does not want workers to come onto her land. With two parents in their eighties and a son who is a nurse at a nearby hospital, she is already feeling overwhelmed.</p><p>"We're losing sleep at night for a lot of reasons," she said. "Having to deal with this pipeline as we struggle to keep ourselves and our families safe is just inhumane."</p><p>Sale said that the Pacific Connector Pipeline is an especially egregious example of eminent domain. The legal justification for such projects comes from the <a href="https://www.law.cornell.edu/uscode/text/15/717f" target="_blank">Natural Gas Act of 1938</a>, which allows for the use of eminent domain for pipelines that will serve the interests of the American public — namely to deliver gas to homes and power plants. The Pacific Connector Pipeline will primarily carry gas drilled in Canada and the Rockies to a port in Oregon so it can be shipped to Asia.</p>
<p>"Because the frantic oil and gas industry is trying to get the last dollars out of what seems, very clearly, to be a dying industry, they just run roughshod over property rights," Sale said.</p><p>Drillers have flooded the market with cheap fracked gas, driving down prices. As a result, gas has proven <a href="https://www.nytimes.com/2019/12/11/business/energy-environment/natural-gas-shale-chevron.html" target="_blank">increasingly unprofitable</a>. Companies have <a href="https://ieefa.org/wp-content/uploads/2020/01/Bankruptcies-in-Fracking-Sector-Mount-in-2019_January-2020.pdf" target="_blank">amassed debt</a>. Stock prices have <a href="https://www.wsj.com/articles/energy-stocks-are-black-eye-on-the-s-p-500-again-11580468400" target="_blank">slumped</a>. And the coronavirus has only <a href="https://www.csis.org/analysis/how-covid-19-will-reshape-global-gas" target="_blank">accelerated</a> these trends.</p><p>"It seems pretty hard to argue with a straight face that these projects are financially essential right now when we're seeing a reduction in production," Zweiner said. "I think a lot of folks are assuming that it will suddenly reverse one day, but I suspect we're looking at a much longer term issue."</p><p>When landowners do triumph over pipeline firms, it usually isn't by challenging the use of <a href="https://www.eenews.net/energywire/2020/05/27/stories/1063242935" target="_blank">eminent domain</a>. More often, it is by persuading officials to deny needed permits. On that front, landowners may have just gotten a big helping hand. A federal judge in Montana recently <a href="https://www.nrdc.org/experts/anthony-swift/federal-court-halts-trump-attempt-fast-track-keystone-xl" target="_blank">revoked</a> a blanket permit allowing pipeline projects to skirt environmental review. The Trump administration is appealing the ruling, which could create major hurdles for pipeline projects.</p><p>Over the long term, lawmakers may seek to narrow the use of eminent domain. In January, House Democrats released a draft climate bill that, <a href="https://www.niskanencenter.org/a-clean-future-eliminates-eminent-domain-for-interstate-natural-gas-pipelines/" target="_blank">experts say</a>, would effectively end the practice for pipeline projects. McLaughlin said landowners should be clamoring for such a measure.</p><p>"You have people across this country who are up in arms — and bearing arms — so they don't have to stay inside their houses and they don't have to wear a mask," McLaughlin said. "That's nothing compared to the violation of our constitutional rights as property owners."</p>
<p><em>This story originally appeared in</em> <em><a href="https://nexusmedianews.com/" target="_blank">Nexus Media</a> </em><em>and is republished here as part of Covering Climate Now, a global journalism collaboration strengthening coverage of the climate story.</em></p>From Your Site Articles
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Weeds dying in a soybean field impacted by dicamba spraying. JJ Gouin / iStock / Getty Images
A federal court overturned the U.S. Environmental Protection Agency's (EPA) approval of dicamba Wednesday, meaning the controversial herbicide can no longer be sprayed in the U.S.
<p>The product, originally designed by <a href="https://www.ecowatch.com/tag/monsanto" target="_self">Monsanto</a>, is opposed by some farmers and environmental groups because it can drift when sprayed, damaging <a href="https://www.ecowatch.com/tag/wildlife" target="_self">wildlife</a> and other crops.</p><p>"Today's decision is a massive win for farmers and the environment. It is good to be reminded that corporations like Monsanto and the Trump Administration cannot escape the rule of law, particularly at a time of crisis like this," lead counsel George Kimbrell of the <a href="http://salsa3.salsalabs.com/o/1881/p/salsa/web/common/public/signup?signup_page_KEY=10186" target="_blank">Center for Food Safety</a> told <a href="https://usrtk.org/pesticides/court-orders-epa-approvals-of-bayer-dicamba-herbicide-vacated-says-regulator-understated-the-risks/" target="_blank">U.S. Right to Know</a>. "Their day of reckoning has arrived."</p>
<p>The Center for Food Safety sued the EPA together with <a href="https://nffc.net/" target="_blank">National Family Farm Coalition</a>, <a href="https://www.biologicaldiversity.org/" target="_blank">Center for Biological Diversity</a> and <a href="http://www.panna.org/" target="_blank">Pesticide Action Network North America</a>. The groups argued that the EPA broke the law when it ruled on the safety of a kind of dicamba designed by Monsanto to be sprayed widely over crops genetically engineered to be resistant to the herbicide. This method means the dicamba can drift to other, non-resistant crops.</p><p>The herbicide is believed to have damaged 3.6 million acres of soybeans in 2017, and more than 1 million in 2018, <a href="https://www.bloomberg.com/news/articles/2020-06-03/bayer-s-dicamba-registration-pulled-by-court-on-herbicide-s-risk" target="_blank">Bloomberg News reported</a>.</p><p>The U.S. Court of Appeals for the Ninth Circuit ruled that the EPA "substantially understated the risks" of the herbicides and also "failed entirely to acknowledge other risks," according to U.S. Right to Know.</p>
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<p>One of the risks the EPA failed to acknowledge was the "enormous social cost to farming communities" where the herbicide's use "has turned farmer against farmer, and neighbor against neighbor," the court wrote, according to Bloomberg. A farmer was shot and killed because of a dicamba-related argument in Arkansas in 2016.</p><p>The ruling impacts the dicamba-based herbicide sold by <a href="https://www.ecowatch.com/tag/bayer" target="_self">Bayer</a>, which acquired Monsanto in 2018. It also prohibits the use of BASF's Engenia and Corteva Agriscience's FeXapan, <a href="https://uk.mobile.reuters.com/article/amp/idUKKBN23B0JA" target="_blank">Reuters reported</a>.</p><p>Bayer told Reuters that the ruling impacted a 2018 EPA approval that expires in December and that it is currently at work on a new 2021 approval.</p><p>"Depending upon actions by the EPA and whether the ruling is successfully challenged, we will work quickly to minimize any impact on our customers this season," Bayer said.</p>
<p>The ruling comes around four months after a jury ruled against Bayer and BASF and in favor of a Missouri farmer who said the companies' dicamba products destroyed his peach orchard, according to Bloomberg.</p><p>That was the first of around 140 pending dicamba suits awaiting trial.</p><p>The dicamba suits are not the only suits Bayer inherited when it acquired Monsanto, Reuters pointed out. Wednesday's dicamba decision came days after arguments were heard in an appeal of the <a href="https://www.ecowatch.com/jury-finds-monsanto-liable-in-the-first-roundup-cancer-trial--2595446068.html" target="_self">first</a> case to go to trial over whether of not the <a href="https://www.ecowatch.com/tag/glyphosate" target="_self">glyphosate-based</a> weedkiller <a href="https://www.ecowatch.com/tag/roundup" target="_self">Roundup</a> causes cancer.</p>
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Smoke rises from a cement factory in Castleton in the High Peak district of Derbyshire, England. john finney photography / Moment / Getty Images
Human activity has pushed atmospheric carbon dioxide to higher levels today than they have been at any other point in the last 23-million-years, potentially posing unprecedented disruptions in ecosystems across the planet, new research suggests.
<p>Understanding atmospheric concentrations of CO2 is "vital for understanding Earth's climate system" because it "imparts a controlling effect on global temperatures," said scientists in a study published in <a href="https://pubs.geoscienceworld.org/gsa/geology/article/doi/10.1130/G47681.1/586769/A-23-m-y-record-of-low-atmospheric-CO2" target="_blank"><em>Geology</em></a>.</p><p>Climate change is largely driven by a disproportionate increase of CO2 in the atmosphere largely resulting from the burning of fossil fuels like coal, oil and gas as well as cutting down or burning forests that serve as carbon stores, according to the <a href="https://www.ucsusa.org/resources/why-does-co2-get-more-attention-other-gases" target="_blank">Union of Concerned Scientists</a>. A 2013 study published by the <a href="https://www.ipcc.ch/report/ar5/syr/" target="_blank">Intergovernmental Panel on Climate Change</a> found that climate change from CO2 and greenhouse gas emission is not only caused by humans but has had "widespread impacts on human and natural systems."</p>
<p>Previous measurements have turned to ice cores to determine CO2 levels present in the atmosphere throughout Earth's history, but have only pieced together the last 800,000 years. To expand upon this record, researchers at the University of Louisiana at Lafayette used fossilized remains of ancient plant tissue to produce a record of atmospheric CO2 dating back 31 million years of "uninterrupted Earth history."</p><p>As plants grow, the amount of two stable carbon isotopes, carbon-12 and carbon-13, change in response to CO2 levels in the atmosphere. With this in mind, the research team measured the relative amount of these carbon isotopes in fossil plant materials from 700 measurements, published in 12 studies, characterizing ancient plants and their lipids in order to calculate concentrations of CO2 in the atmosphere during the timeframe that the plants grew.</p>
<p>This atmospheric "timeline" did not show fluctuations in CO2 that are comparable to increases seen in the last century. In fact, the highest concentrations of CO2 were found during the Miocene, between 5 and 23 million years ago, but were still determined to have been below present-day levels.</p><p>"These data suggest present-day CO2 exceeds the highest levels that Earth experienced at least since the Miocene, further highlighting the present-day disruption of long-established CO2 trends within Earth's atmosphere," write the study authors in <em>Geology</em>.</p>
<p>The abrupt increase of greenhouse gas distribution today is unprecedented in Earth's 23-million-year history, indicating that ecosystems and global temperatures may be more sensitive to smaller changes in CO2 levels than previously thought. Though CO2 levels have varied widely throughout Earth's history, researchers believe that they have never fluctuated nor been as high as in recent years.</p><p>"One of the most pressing messages that climate scientists attempt to convey to the public is that current CO2 is elevated compared to the geological past," write the study authors, adding that the results also indirectly imply that major changes in plant and early humans were not driven by large changes in CO2 but rather "relatively small-amplitude changes."</p>
<p>Humans have increased atmospheric CO2 concentration by more than one-third since the Industrial Revolution began, according to <a href="https://climate.nasa.gov/causes/" target="_blank">NASA</a>. Though the <a href="https://www.bbc.com/news/science-environment-51281986" target="_blank">BBC</a> reports "worst-case scenario" for emissions of CO2 in the 21st century is considered unlikely by researchers, scientists still expect a rise of around 3 degrees Celsius by 2100, according to <a href="https://www.theguardian.com/environment/2020/feb/15/worst-case-scenario-2050-climate-crisis-future-we-choose-christiana-figueres-tom-rivett-carnac" target="_blank">The Guardian</a> — 1.5 degrees Celsius above goals set forth by the <a href="https://ec.europa.eu/clima/policies/international/negotiations/paris_en" target="_blank">Paris agreement</a>. A report published by the <a href="https://www.climate.gov/news-features/understanding-climate/climate-change-atmospheric-carbon-dioxide" target="_blank">National Oceanic and Atmospheric Administration</a> earlier this year corroborates the findings, confirming that CO2 levels in 2018 were higher than at any other point in the past 800,000 years. The last time amounts were this high was more than 3 million years ago, when global temperatures were between 3.6 and 5.4 degrees Fahrenheit higher than during the pre-industrial era, and sea level was 50 to 80 feet higher than today.</p>
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