Federal Judge: Pipelines Must Not Cross Streams Without Considering Endangered Species
Montana U.S. District Judge Brian Morris affirmed that the U.S. Army Corps of Engineers cannot use a blanket water-crossing permit to approve new oil and gas pipelines without considering their impacts on endangered species.
"The court rightly ruled that the Trump administration can't continue to ignore the catastrophic effects of fossil fuel pipelines like Keystone XL," Center for Biological Diversity (CBD) senior attorney Jared Margolis said in a press release. "Constructing pipelines through rivers, streams and wetlands without analyzing the impacts on imperiled species is unconscionable. We'll continue to fight to protect vulnerable species, our waters and the climate from this kind of reckless development."
“The court rightly ruled that the Trump administration can’t continue to ignore the catastrophic effects of fossil… https://t.co/c8Ih1Fn0qs— Center for Bio Div (@Center for Bio Div)1589242886.0
At stake is a permit called Nationwide Permit 12, which the Army Corps uses to fast-track approvals for construction across waterways, The Associated Press explained.
Morris ruled in April that the Army Corps did not consult with the Fish and Wildlife Service as to how these crossings would impact endangered species when it renewed the permit in 2017, Reuters reported.
Morris' April ruling was in response to a lawsuit brought by environmental groups focusing on the approval process for the Keystone XL pipeline specifically. However, the ruling blocked the use of Nationwide Permit 12 for all projects, CBD explained.
Utility groups and the government asked Morris to alter his ruling, arguing that it interfered with thousands of construction projects, according to The Associated Press. In response, Morris said that the permit could be used for electrical lines or pipeline repairs, but not the construction of new oil and gas pipelines.
"To allow the Corps to continue to authorize new oil and gas pipeline construction could seriously injure protected species and critical habitat," Morris wrote, according to The Associated Press.
The ruling does not actually block construction work on Keystone XL or other pipelines, but it is another setback for the long-delayed project, since it now cannot build across streams without further environmental review.
The Keystone XL pipeline would carry around 830,000 barrels of oil a day along 1,200 miles from the tar sands of Alberta, Canada to Nebraska, where it would connect with pipelines traveling to refineries along the U.S. Gulf Coast. It was first blocked by President Barack Obama over fears it would contribute to the climate crisis, but President Donald Trump resuscitated it in 2017.
Pipeline owner TC Energy said it would "promptly" appeal the ruling, according to Reuters.
Other members of the fossil fuel industry also plan to appeal.
"Arbitrarily singling out certain new projects only prolongs the highly disruptive nature of this order," Amy Conway of the Interstate Natural Gas Association of America told The Associated Press.
But environmental advocates thought the law was on Morris' side.
"Our courts have shown time and time again that the law matters," Natural Resources Defense Council (NRDC) attorney Cecilia Segal said in the CBD Press release. "Today's ruling makes clear that climate-busting pipelines like Keystone XL cannot be built until the federal government does its job and properly analyzes these projects' devastating effects on their surrounding communities and wildlife. If that analysis is based on science and facts, pipelines like Keystone XL will never see the light of day because they remain, and always will be, a dire threat to our water, wildlife and climate."
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By Peter A. Kloess
Picture Antarctica today and what comes to mind? Large ice floes bobbing in the Southern Ocean? Maybe a remote outpost populated with scientists from around the world? Or perhaps colonies of penguins puttering amid vast open tracts of snow?
Giants of the Sky<p>As their name suggests, these ancient birds had sharp, bony spikes protruding from sawlike jaws. Resembling teeth, these spikes would have helped them catch squid or fish. We also studied another remarkable feature of the pelagornithids – their imposing size.</p><p>The largest flying bird alive today is the <a href="https://www.nationalgeographic.com/animals/birds/group/albatrosses/" target="_blank">wandering albatross</a>, which has a wingspan that reaches 11 ½ feet. The Antarctic pelagornithids fossils we studied have a wingspan nearly double that – about 21 feet across. If you tipped a two-story building on its side, that's about 20 feet.</p><p>Across Earth's history, very few groups of vertebrates have achieved powered flight – and only two reached truly giant sizes: birds and a group of <a href="https://www.amnh.org/exhibitions/pterosaurs-flight-in-the-age-of-dinosaurs/what-is-a-pterosaur" target="_blank" rel="noopener noreferrer">reptiles called pterosaurs</a>.</p>
Full-size model of a Quetzalcoatlus on display at JuraPark in Baltow, Poland. Aneta Leszkiewicz / Wikimedia<p>Pterosaurs ruled the skies during the Mesozoic Era (252 million to 66 million years ago), the same period that dinosaurs roamed the planet, and they reached hard-to-believe dimensions. <a href="https://www.wired.com/2013/11/absurd-creature-of-the-week-quetz/" target="_blank" rel="noopener noreferrer">Quetzalcoatlus</a> stood 16 feet tall and had a colossal 33-foot wingspan.</p>
Birds Get Their Opportunity<p>Birds originated while dinosaurs and pterosaurs were still roaming the planet. But when an <a href="https://www.smithsonianmag.com/science-nature/dinosaur-killing-asteroid-impact-chicxulub-crater-timeline-destruction-180973075/" target="_blank">asteroid struck the Yucatan Peninsula 66 million years ago</a>, dinosaurs and pterosaurs both perished. Some <a href="https://www.audubon.org/news/how-birds-survived-asteroid-impact-wiped-out-dinosaurs" target="_blank">select birds survived</a>, though. These survivors diversified into the thousands of bird species alive today. Pelagornithids evolved in the period right after dinosaur and pterosaur extinction, when competition for food was lessened.</p><p><a href="https://doi.org/10.1002/spp2.1284" target="_blank">The earliest pelagornithid remains</a>, recovered from 62-million-year-old sediments in New Zealand, were about the size of modern gulls. The first giant pelagornithids, the ones in our study, <a href="https://doi.org/10.1038/s41598-020-75248-6" target="_blank" rel="noopener noreferrer">took flight over Antarctica about 10 million years later</a>, in a period called the Eocene Epoch (56 million to 33.9 million years ago). In addition to these specimens, fossilized remains from other pelagornithids have been found on every continent.</p><p>Pelagornithids lasted for about 60 million years before going extinct just before the Pleistocene Epoch (2.5 million to 11,700 years ago). No one knows exactly why, though, because few fossil records have been recovered from the period at the end of their reign. Some paleontologists cite <a href="https://doi.org/10.1080/02724634.2011.562268" target="_blank" rel="noopener noreferrer">climate change as a possible factor</a>.</p>
Piecing it Together<p>The fossils we studied are fragments of whole bones collected by paleontologists from the University of California at Riverside in the 1980s. In 2003, the specimens were transferred to Berkeley, where they now reside in the <a href="https://ucmp.berkeley.edu/" target="_blank" rel="noopener noreferrer">University of California Museum of Paleontology</a>.</p><p>There isn't enough material from Antarctica to rebuild an entire skeleton, but by comparing the fossil fragments with similar elements from more complete individuals, we were able to assess their size.</p>
In life, the pelagornithid would have had numerous 'teeth,' making it a formidable predator. Peter Kloess, CC BY-NC-SA
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As U.S. Election Nears, Polling Shows 82 Percent of Voters Support 100 Percent Clean Energy Transition
By Jessica Corbett
With an estimated 66 million ballots already cast and only a week to go until Election Day, new polling released Tuesday shows the vast majority of U.S. voters believe the nation should be prioritizing a transition to 100% clean energy and support legislation to decarbonize the economy over the next few decades.
<div id="5206f" class="rm-shortcode" data-rm-shortcode-id="584d1641628f692ff103aee7ed74b45e"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1321080152328208384" data-partner="rebelmouse"><div style="margin:1em 0">Biden should get "uncontrolled climate change would cost $486 trillion" tattooed on his forehead imo https://t.co/nTbVdHa9gD</div> — Emily Atkin (@Emily Atkin)<a href="https://twitter.com/emorwee/statuses/1321080152328208384">1603805027.0</a></blockquote></div>
Arctic Ocean sediments are full of frozen gases known as hydrates, and scientists have long been concerned about what will happen when and if the climate crisis induces them to thaw. That is because one of them is methane, a greenhouse gas that has 80 times the warming impact of carbon dioxide over a 20 year period. In fact, the U.S. Geological Survey has listed Arctic hydrate destabilization as one of the four most serious triggers for even more rapid climate change.