Federal Court Reinstates Roadless Rule
The Tenth Circuit Court of Appeals issued a long-awaited, landmark decision Oct. 21, securing critical legal protections for nearly 50 million acres of pristine National Forest lands. These forests offer outstanding opportunities for hunting, fishing and hiking, produce clean water for thousands of communities nationwide, and provide irreplaceable habitat for imperiled wildlife species including grizzly bears, lynx and Pacific salmon. The appellate court reversed a lower court decision and affirmed the validity of the Roadless Rule—a 2001 federal rule that protects wild national forests and grasslands from new road building, logging and development.
The appellate court ruled against the state of Wyoming and industry intervenors and in favor of conservation groups, the U.S. Forest Service, and the states of California, Oregon and Washington. This decision formally ends an injunction against the rule’s enforcement imposed by a Wyoming federal district court in 2008.
“The public forests we’ve fought so hard to protect are now safe,” said Tim Preso, an Earthjustice attorney representing the conservation groups. “All Americans can now know that a key part of our nation’s natural heritage won’t be destroyed.”
The 2001 Roadless Area Conservation Rule was the product of the most comprehensive rulemaking process in the nation’s history, including more than 2 million comments from members of the public, hundreds of public hearings and open houses, and a detailed environmental review. The rule came under relentless attack by logging and resource extraction interests, certain states and the Bush administration.
“This is a great victory for the American people who have spoken out, time and again and in record numbers, for protection of these wild public lands,” said Mike Francis with The Wilderness Society.
“Roadless areas protect our rivers and streams—protect our salmon, trout, drinking water,” said Mary Scurlock of Pacific Rivers Council. “The Roadless Rule is common-sense, and finally the question of its legality is settled.”
“Roadless areas are valuable and irreplaceable places for hikers, campers, hunters, anglers and families. They protect our water supplies. They provide room for wildlife to live and raise their young, and they will be increasingly important as safe havens for plants and animals in the face of rising temperatures and other impacts of climate change,” said Frances Hunt, director of the Sierra Club's Resilient Habitats Campaign.
“Roadless areas represent the last of our wild and natural National Forest lands, providing multiple benefits including outstanding wildlife habitat, important supplies of clean water and some of the best recreation lands in the country," said Erik Molvar, wildlife biologist with Biodiversity Conservation Alliance of Laramie, Wyoming.
Lisa McGee of Wyoming Outdoor Council stressed the importance of this decision to her state. “The people of Wyoming love the outdoors—we’re hunters, fishermen, hikers and campers—and roadless areas give us the best recreation anywhere. This decision ensures that our outdoor heritage will be safeguarded.”
Earthjustice has led the legal defense of the Roadless Rule since the first attacks under the Bush/Cheney administration. Against all odds, this critical legal work has kept the Roadless Rule alive and prevented destruction of our national forests’ last great wild places.
Now, conservation, faith and recreation groups trust that the Obama administration will support and enforce the 2001 Roadless Rule as the law of the land, including defending its protections for all 58.5 million acres of roadless lands in the country. That includes national forests in Alaska, currently subject to a separate legal challenge and national forests in Idaho, whose roadless area protections were weakened in 2008.
As a presidential candidate, President Barack Obama said:
“Road construction in national forests can harm fish and wildlife habitats while polluting local lakes, rivers and streams. The Roadless Area Conservation Rule—which was made on the basis of extensive citizen input—protects 58.5 million acres of national forest from such harmful building. I will be proud to support and defend it.”
Background on the Decision
In 2008, the State of Wyoming sued the U.S. Forest Service for a second time to invalidate the Roadless Rule (the rule had been reinstated by a federal court in California in 2006). A Wyoming federal district court enjoined the rule. Earthjustice and the U.S. Forest Service appealed that injunction to the 10th circuit. The 10th circuit joins the 9th circuit in finding the Roadless Rule legal.
In this appeal to the 10th circuit, Earthjustice represented Wyoming Outdoor Council, The Wilderness Society, Sierra Club, Biodiversity Conservation Alliance, Pacific Rivers Council, Natural Resources Defense Council, National Audubon Society and Defenders of Wildlife. The states of California, Oregon and Washington submitted legal papers in support of the Roadless Rule and the conservation groups’ appeal.
Two other legal actions to protect roadless areas remain pending:
• A lawsuit challenging application of the Roadless Rule to national forests in Alaska, and
• A lawsuit challenging a separate, less protective rule that applies only to federal roadless areas in Idaho.
For more information, click here.
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By Gwen Ranniger
In the midst of a pandemic, sales of cleaning products have skyrocketed, and many feel a need to clean more often. Knowing what to look for when purchasing cleaning supplies can help prevent unwanted and dangerous toxics from entering your home.
1. Fragrance – Avoid It<p>One of the fastest ways to narrow down your product options is immediately eliminating any product that promotes a fragrance, or parfum. That scent of "fresh breeze" or lemon might initially smell good, but the fragrance does not last. What does last? The concoction of various undisclosed and unregulated chemicals that created that fragrance.</p><p>Many fragrances contain phthalates, which are linked to many health risks including reproductive problems and cancer.</p>
2. With Bleach? Do Without<p>Going scent-free should have narrowed down your options substantially – now, check the front of the remaining packaging. Any that include ammonia or chlorine bleach ought to go, as these substances are irritating and corrosive to your body. While bleach is commonly known as a powerful disinfectant, there are safer alternatives that you can use in your home, such as sodium borate or hydrogen peroxide.</p><p>While you're at it, check if there are any warnings on the label – "flammable," "use in ventilated area," etc. – if the product is hazardous, that's a red flag and should be avoided.</p>
3. Check the Back Label<p>Flip to the back of the remaining contenders and check out that ingredient list. Less is more, here. Opt for a shorter ingredient list with words you recognize and/or can pronounce.</p><p>You may notice many products do not have ingredient lists – while this doesn't necessarily mean they contain toxic ingredients, transparency is key. Feel free to look up a list online, or stick to products that are open about their ingredients.</p>
4. Ingredients to Avoid<p>We already mentioned that cleaners containing fragrance or parfum, and bleach or ammonia should be avoided, but there are other ingredients to look out for as well.</p><ul><li>Quaternary ammonium "quats" – lung irritants that contribute to asthma and other breathing problems. Also linger on surfaces long after they've been cleaned.</li><li>Parabens – Known hormone disruptor; can contribute to ailments such as cancer</li><li>Triclosan – triclosan and other antibacterial chemicals are registered with the EPA as pesticides. Triclosan is a known hormone disruptor and can also impact your immune system.</li><li>Formaldehyde – Causes irritation of eyes, nose, and throat; studies suggest formaldehyde exposure is linked with certain varieties of cancer. Can be found in products or become a byproduct of chemical reactions in the air.</li></ul>
Cleaning Products and Toxics: The Bottom Line<p>Do your research. There are many cleaning products available, but taking these steps will drastically reduce your options and help keep your home toxic-free. Protecting your home from bacteria and viruses is important, but make sure you do so in a way that doesn't introduce other health risks into the home.</p><p><em>Reposted with permission from </em><em><a href="https://www.ehn.org/how-to-shop-for-cleaning-products-while-avoiding-toxics-2648130273.html" target="_blank">Environmental Health News</a>. </em><a href="https://www.ecowatch.com/r/entryeditor/2649054624#/" target="_self"></a></p>
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Twenty-five years ago, a food called Tofurky made its debut on grocery store shelves. Since then, the tofu-based roast has become a beloved part of many vegetarians' holiday feasts.
By Jessica Corbett
A leading environmental advocacy group marked Native American Heritage Month on Wednesday by urging President-elect Joe Biden, Vice President-elect Kamala Kamala Harris, and the entire incoming administration "to honor Indigenous sovereignty and immediately halt the Keystone XL, Dakota Access, and Line 3 pipelines."
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Returning the ‘Three Sisters’ – Corn, Beans and Squash – to Native American Farms Nourishes People, Land and Cultures
By Christina Gish Hill
Historians know that turkey and corn were part of the first Thanksgiving, when Wampanoag peoples shared a harvest meal with the pilgrims of Plymouth plantation in Massachusetts. And traditional Native American farming practices tell us that squash and beans likely were part of that 1621 dinner too.
Abundant Harvests<p>Historically, Native people throughout the Americas bred indigenous plant varieties specific to the growing conditions of their homelands. They selected seeds for many different traits, such as <a href="https://emergencemagazine.org/story/corn-tastes-better/" target="_blank" rel="noopener noreferrer">flavor, texture and color</a>.</p><p>Native growers knew that planting corn, beans, squash and sunflowers together produced mutual benefits. Corn stalks created a trellis for beans to climb, and beans' twining vines secured the corn in high winds. They also certainly observed that corn and bean plants growing together tended to be healthier than when raised separately. Today we know the reason: Bacteria living on bean plant roots pull nitrogen – an essential plant nutrient – from the air and <a href="http://www.tilthalliance.org/learn/resources-1/almanac/october/octobermngg" target="_blank" rel="noopener noreferrer">convert it to a form that both beans and corn can use</a>.</p><p>Squash plants contributed by shading the ground with their broad leaves, preventing weeds from growing and retaining water in the soil. Heritage squash varieties also had spines that discouraged deer and raccoons from visiting the garden for a snack. And sunflowers planted around the edges of the garden created a natural fence, protecting other plants from wind and animals and attracting pollinators.</p><p>Interplanting these agricultural sisters produced bountiful harvests that sustained large Native communities and <a href="http://dx.doi.org/10.1353/eam.2015.0016" target="_blank">spurred fruitful trade economies</a>. The first Europeans who reached the Americas were shocked at the abundant food crops they found. My research is exploring how, 200 years ago, Native American agriculturalists around the Great Lakes and along the Missouri and Red rivers fed fur traders with their diverse vegetable products.</p>
Displaced From the Land<p>As Euro-Americans settled permanently on the most fertile North American lands and acquired seeds that Native growers had carefully bred, they imposed policies that <a href="https://doi.org/10.1086/ahr/87.2.550" target="_blank">made Native farming practices impossible</a>. In 1830 President Andrew Jackson signed the <a href="https://guides.loc.gov/indian-removal-act" target="_blank">Indian Removal Act</a>, which made it official U.S. policy to force Native peoples from their home locations, pushing them onto subpar lands.</p><p>On reservations, U.S. government officials discouraged Native women from cultivating anything larger than small garden plots and pressured Native men to practice Euro-American style monoculture. Allotment policies assigned small plots to nuclear families, further limiting Native Americans' access to land and preventing them from using communal farming practices.</p><p>Native children were forced to attend boarding schools, where they had no opportunity to <a href="https://doi.org/10.5749/jamerindieduc.57.1.0145" target="_blank">learn Native agriculture techniques or preservation and preparation of Indigenous foods</a>. Instead they were forced to eat Western foods, turning their palates away from their traditional preferences. Taken together, these policies <a href="https://kansaspress.ku.edu/978-0-7006-0802-7.html" target="_blank" rel="noopener noreferrer">almost entirely eradicated three sisters agriculture</a> from Native communities in the Midwest by the 1930s.</p>
Reviving Native Agriculture<p>Today Native people all over the U.S. are working diligently to <a href="https://www.oupress.com/books/15107980/indigenous-food-sovereignty-in-the-united-sta" target="_blank" rel="noopener noreferrer">reclaim Indigenous varieties of corn, beans, squash, sunflowers and other crops</a>. This effort is important for many reasons.</p><p>Improving Native people's access to healthy, culturally appropriate foods will help lower rates of <a href="https://www.cdc.gov/vitalsigns/aian-diabetes/index.html" target="_blank">diabetes</a> and <a href="https://www.apa.org/pi/oema/resources/ethnicity-health/native-american/obesity" target="_blank">obesity</a>, which affect Native Americans at disproportionately high rates. Sharing traditional knowledge about agriculture is a way for elders to pass cultural information along to younger generations. Indigenous growing techniques also protect the lands that Native nations now inhabit, and can potentially benefit the wider ecosystems around them.</p>
By Jake Johnson
Amid reports that oil industry-friendly former Energy Secretary Ernest Moniz remains under consideration to return to his old post in the incoming Biden administration, a diverse coalition of environmental groups is mobilizing for an "all-out push" to keep Moniz away from the White House and demand a cabinet willing to boldly confront the corporations responsible for the climate emergency.