Fighting a Corporate Scheme to Sell the Mojave Desert's Water
By Marie Logan
At Earthjustice, we're skeptical any time a company announces plans to convert public resources into private profits. Whether it's natural gas extraction in national parks or logging in a national forest that would displace endangered species, we're prepared to step in to protect our nation's natural resources whenever they are threatened.
Cadiz, Inc. is a public company that owns private land in a valley just east of Joshua Tree National Park and adjacent to the Sheephole Valley Wilderness, an area that's been called Joshua Tree's "untamed cousin." The company acquired land in Cadiz Valley in the 1980s, drilled a well, and began a small-scale farming operation, which helped it to establish water rights. It became clear almost immediately that Cadiz's true plan was not to farm, but rather to extract water from beneath the desert to sell to residents of southern California at a steep profit. The company's own website acknowledges that as early as 1984 it was investigating the "potential of the aquifer system" beneath its property.
Cadiz's visions of water extraction have ebbed and flowed over the years, and have now crystallized into a behemoth plan to extract 16 billion gallons of water—annually—from beneath the Mojave Desert.
This is a terrible idea for at least two reasons.
The Cadiz project would put birds like this one spotted at Bonanza Springs at risk.Bob Nohowec / Bureau of Land Management
First and foremost, such a massive extraction of water from beneath the desert will have devastating consequences for the many species that live in and rely on the Mojave Desert ecosystem. A recent study published earlier this year confirmed what has long been suspected: that the groundwater in this region is interconnected—or in scientist's terms, "hydrologically linked." As a result, the authors of the study warned that reducing groundwater in this area will result in a "potentially substantial decrease in free-flowing water" at natural springs in the area.
Natural springs in the desert, like the beautiful Bonanza Springs, are a critical source of water for a wide range of desert critters, including frogs, migrating birds, bighorn sheep and several threatened or endangered species. (Check out our client's recent declaration about the impacts the Cadiz project would have on the desert here.) Cadiz's project is likely to put many of these species at risk.
Second, the water beneath Cadiz is contaminated with hexavalent chromium, a cancer-causing chemical that was at the center of the movie "Erin Brockovich." Cadiz insists the contamination is naturally occurring, and it has promised to treat it, although it admits the water has been found to contain at least 16 parts per billion of hexavalent chromium.
The federal limit on hexavalent chromium is currently 100 parts per billion, which most environmental advocacy groups agree is woefully inadequate to protect public health. The State of California acted to protect consumers in 2014 by lowering its standard on hexavalent chromium from 50 to 10 parts per billion—which would have put Cadiz's water well above the new state limit. Unfortunately, a court overturned California's protective 10 part-per-billion limitation in late 2017. California still plans to issue a new, lowered limit on hexavalent chromium within the next two years, which means Cadiz might be subject to even more legal hurdles in 2019. In the meantime, the company's plans to pursue this ill-fated project in spite of the apparent contamination and the threats to endangered desert species make it all the more clear that its only true motivation is profit.
The Legal Fight
The Obama administration recognized the immense value of protecting this fragile desert ecosystem and its natural and scientific treasures. In 2016, President Obama designated a large swath of this public land—over 1.6 million acres—the Mojave Trails National Monument, placing the land under the protection of the U.S. Bureau of Land Management (BLM).
The Mojave Trails National Monument spans 1.6 million acres of federal lands. Cadiz wants to run a pipeline through it.Bureau of Land Management
To extract and ship water into the Los Angeles area, Cadiz must build a pipeline that crosses through the national monument. Its proposed pathway is along a former railroad right-of-way that runs roughly from Chambless, California, down to Rice. The Obama administration had made clear that the federal government would not approve such a pipeline, concluding in 2011 that Cadiz's pipeline bears no relation to a "railroad purpose."
Shortly after Trump took office, the administration abruptly reversed course, rescinding the Obama administration determinations and announcing that railroads can lease their land to third parties without seeking approval from the BLM to cross public lands.
Shortly thereafter, Earthjustice filed a complaint in federal court with the Center for Biological Diversity and the Center for Food Safety against the BLM. We've alleged violations of the Federal Land Policy and Management Act, the Administrative Procedure Act, and the National Environmental Policy Act.
The federal government moved to dismiss our case, but we scored an early victory in June of this year when the court ruled in our favor, concluding that our clients had standing to sue, and that the government's actions are subject to judicial review.
Shortly after that ruling, Cadiz itself intervened in the case and it is now collaborating with the federal government to fight the lawsuit.
Meanwhile, Cadiz has released a spate of shiny new ads supporting the water project, along with a cheesy water counter that warns that 5.9 billion gallons of water have already been "lost" to evaporation this year. By suggesting that "Inland Empire families and businesses" ought to unite against "water waste" in the desert, Cadiz is craftily implying that the natural ecosystem is not an appropriate recipient of water, and that only human uses of water are worthwhile. By the company's own logic, every drop of water that isn't harvested from the sky or prevented from evaporation is "waste"—simply because it doesn't flow to people. But that's only true if you stand to profit from each drop of water that's sold.
The Bottom Line
I became an environmental lawyer because there are some things in this world that are too precious to be reduced to profit margins or quantified in dollars and cents. Cadiz's plan to extract billions of gallons of water from beneath a vibrant desert is a money-making scheme that will extract private profits from beneath public lands.
15 Lawmakers Plotting to Destroy and Privatize America's Public Lands https://t.co/af2o5IEKpU @World_Wildlife @greenpeaceusa— EcoWatch (@EcoWatch)1489797604.0
Marie Logan is an associate attorney with the California regional office of Earthjustice.
EcoWatch Daily Newsletter
On Monday and Tuesday of the week that President Donald Trump held his first rally since March in Tulsa, Oklahoma, the county reported 76 and 96 new coronavirus cases respectively, according to POLITICO. This week, the county broke its new case record Monday with 261 cases and reported a further 206 cases on Tuesday. Now, Tulsa's top public health official thinks the rally and counterprotest "likely contributed" to the surge.
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By Tim Radford
German scientists now know why so many fish are so vulnerable to ever-warming oceans. Global heating imposes a harsh cost at the most critical time of all: the moment of spawning.
Nearing the Brink<p>Since <a href="https://climatenewsnetwork.net/abundant-fish-need-cool-seas-and-protection/" target="_blank">fish in the temperate zones already experience a wide variation</a> in seasonal water temperatures, it hasn't been obvious why species such as <a href="https://climatenewsnetwork.net/sardines-swim-into-northern-waters-to-keep-cool/" target="_blank">cod have shifted nearer the Arctic, and sardines have migrated to the North Sea</a>.</p><p>But <a href="https://climatenewsnetwork.net/ocean-warming-spurs-marine-life-to-rapid-migration/" target="_blank">marine creatures are on the move</a>, and although there are other factors at work, including overfishing and <a href="https://climatenewsnetwork.net/fish-cant-smell-well-in-more-acidic-seas/" target="_blank">the increasingly alarming changes in ocean chemistry</a>, thanks to ever-higher levels of dissolved carbon dioxide, temperature change is part of the problem.</p><p>The latest answer, Dr Dahlke and his colleagues report in the journal <a href="https://science.sciencemag.org/cgi/doi/10.1126/science.aaz3658" target="_blank">Science</a>, is that many fish may already be living near the limits of their thermal tolerance.</p><p>The temperature safety margins during the moments of spawning and embryo might be very precise, and over hundreds of thousands of years of evolution, marine and freshwater species have worked out just what is best for the next generation. Rapid global warming upsets this equilibrium.</p>
By Sherry H-Y. Chou, Aarti Sarwal and Neha S. Dangayach
The patient in the case report (let's call him Tom) was 54 and in good health. For two days in May, he felt unwell and was too weak to get out of bed. When his family finally brought him to the hospital, doctors found that he had a fever and signs of a severe infection, or sepsis. He tested positive for SARS-CoV-2, the virus that causes COVID-19 infection. In addition to symptoms of COVID-19, he was also too weak to move his legs.
When a neurologist examined him, Tom was diagnosed with Guillain-Barre Syndrome, an autoimmune disease that causes abnormal sensation and weakness due to delays in sending signals through the nerves. Usually reversible, in severe cases it can cause prolonged paralysis involving breathing muscles, require ventilator support and sometimes leave permanent neurological deficits. Early recognition by expert neurologists is key to proper treatment.
We are neurologists specializing in intensive care and leading studies related to neurological complications from COVID-19. Given the occurrence of Guillain-Barre Syndrome in prior pandemics with other corona viruses like SARS and MERS, we are investigating a possible link between Guillain-Barre Syndrome and COVID-19 and tracking published reports to see if there is any link between Guillain-Barre Syndrome and COVID-19.
Some patients may not seek timely medical care for neurological symptoms like prolonged headache, vision loss and new muscle weakness due to fear of getting exposed to virus in the emergency setting. People need to know that medical facilities have taken full precautions to protect patients. Seeking timely medical evaluation for neurological symptoms can help treat many of these diseases.
What Is Guillain-Barre Syndrome?
Guillain-Barre syndrome occurs when the body's own immune system attacks and injures the nerves outside of the spinal cord or brain – the peripheral nervous system. Most commonly, the injury involves the protective sheath, or myelin, that wraps nerves and is essential to nerve function.
Without the myelin sheath, signals that go through a nerve are slowed or lost, which causes the nerve to malfunction.
To diagnose Guillain-Barre Syndrome, neurologists perform a detailed neurological exam. Due to the nerve injury, patients often may have loss of reflexes on examination. Doctors often need to perform a lumbar puncture, otherwise known as spinal tap, to sample spinal fluid and look for signs of inflammation and abnormal antibodies.
Studies have shown that giving patients an infusion of antibodies derived from donated blood or plasma exchange – a process that cleans patients' blood of harmful antibodies - can speed up recovery. A very small subset of patients may need these therapies long-term.
The majority of Guillain-Barre Syndrome patients improve within a few weeks and eventually can make a full recovery. However, some patients with Guillain-Barre Syndrome have lingering symptoms including weakness and abnormal sensations in arms and/or legs; rarely patients may be bedridden or disabled long-term.
Guillain-Barre Syndrome and Pandemics
As the COVID-19 pandemic sweeps across the globe, many neurologic specialists have been on the lookout for potentially serious nervous system complications such as Guillain-Barre Syndrome.
Though Guillain-Barre Syndrome is rare, it is well known to emerge following bacterial infections, such as Campylobacter jejuni, a common cause of food poisoning, and a multitude of viral infections including the flu virus, Zika virus and other coronaviruses.
Studies showed an increase in Guillain-Barre Syndrome cases following the 2009 H1N1 flu pandemic, suggesting a possible connection. The presumed cause for this link is that the body's own immune response to fight the infection turns on itself and attacks the peripheral nerves. This is called an "autoimmune" condition. When a pandemic affects as many people as our current COVID-19 crisis, even a rare complication can become a significant public health problem. That is especially true for one that causes neurological dysfunction where the recovery takes a long time and may be incomplete.
Though there is clear clinical suspicion that COVID-19 can lead to Guillain-Barre Syndrome, many important questions remain. What are the chances that someone gets Guillain-Barre Syndrome during or following a COVID-19 infection? Does Guillain-Barre Syndrome happen more often in those who have been infected with COVID-19 compared to other types of infections, such as the flu?
The only way to get answers is through a prospective study where doctors perform systematic surveillance and collect data on a large group of patients. There are ongoing large research consortia hard at work to figure out answers to these questions.
Understanding the Association Between COVID-19 and Guillain-Barre Syndrome
While large research studies are underway, overall it appears that Guillain-Barre Syndrome is a rare but serious phenomenon possibly linked to COVID-19. Given that more than 10.7 million cases have been reported for COVID-19, there have been 10 reported cases of COVID-19 patients with Guillain-Barre Syndrome so far – only two reported cases in the U.S., five in Italy, two cases in Iran and one from Wuhan, China.
It is certainly possible that there are other cases that have not been reported. The Global Consortium Study of Neurological Dysfunctions in COVID-19 is actively underway to find out how often neurological problems like Guillain-Barre Syndrome is seen in hospitalized COVID-19 patients. Also, just because Guillain-Barre Syndrome occurs in a patient diagnosed with COVID-19, that does not imply that it was caused by the virus; this still may be a coincident occurrence. More research is needed to understand how the two events are related.
Due to the pandemic and infection-containment considerations, diagnostic tests, such as a nerve conduction study that used to be routine for patients with suspected Guillain-Barre Syndrome, are more difficult to do. In both U.S. cases, the initial diagnosis and treatment were all based on clinical examination by a neurological experts rather than any tests. Both patients survived but with significant residual weakness at the time these case reports came out, but that is not uncommon for Guillain-Barre Syndrome patients. The road to recovery may sometimes be long, but many patients can make a full recovery with time.
Though the reported cases of Guillain-Barre Syndrome so far all have severe symptoms, this is not uncommon in a pandemic situation where the less sick patients may stay home and not present for medical care for fear of being exposed to the virus. This, plus the limited COVID-19 testing capability across the U.S., may skew our current detection of Guillain-Barre Syndrome cases toward the sicker patients who have to go to a hospital. In general, the majority of Guillain-Barre Syndrome patients do recover, given enough time. We do not yet know whether this is true for COVID-19-related cases at this stage of the pandemic. We and colleagues around the world are working around the clock to find answers to these critical questions.
Sherry H-Y. Chou is an Associate Professor of Critical Care Medicine, Neurology, and Neurosurgery, University of Pittsburgh.
Aarti Sarwal is an Associate Professor, Neurology, Wake Forest University.
Neha S. Dangayach is an Assistant Professor of Neurology and Neurosurgery, Icahn School of Medicine at Mount Sinai.
Disclosure statement: Sherry H-Y. Chou receives funding from The University of Pittsburgh Clinical Translational Science Institute (CTSI), the National Institute of Health, and the University of Pittsburgh School of Medicine Dean's Faculty Advancement Award. Sherry H-Y. Chou is a member of Board of Directors for the Neurocritical Care Society. Neha S. Dangayach receives funding from the Bee Foundation, the Friedman Brain Institute, the Neurocritical Care Society, InCHIP-UConn Center for mHealth and Social Media Seed Grant. She is faculty for emcrit.org and for AiSinai. Aarti Sarwal does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
Reposted with permission from The Conversation.
One of the initial reasons social distancing guidelines were put in place was to allow the healthcare system to adapt to a surge in patients since there was a critical shortage of beds, ventilators and personal protective equipment. In fact, masks that were designed for single-use were reused for an entire week in some hospitals.
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By Jake Johnson
Unity Task Forces formed by presumptive Democratic presidential nominee Joe Biden and Sen. Bernie Sanders unveiled sweeping party platform recommendations Wednesday that—while falling short of progressive ambitions in a number of areas, from climate to healthcare—were applauded as important steps toward a bold and just policy agenda that matches the severity of the moment.
"We've moved the needle a lot, especially on environmental justice and upping Biden's ambition," said Sunrise Movement co-founder and executive director Varshini Prakash, a member of the Biden-Sanders Climate Task Force. "But there's still more work to do to push Democrats to act at the scale of the climate crisis."
The climate panel—co-chaired by Rep. Alexandria Ocasio-Cortez (D-N.Y.) and former Secretary of State John Kerry—recommended that the Democratic Party commit to "eliminating carbon pollution from power plants by 2035," massively expanding investments in clean energy sources, and "achieving net-zero greenhouse gas emissions for all new buildings by 2030."
In a series of tweets Wednesday night, Ocasio-Cortez—the lead sponsor of the House Green New Deal resolution—noted that the Climate Task Force "shaved 15 years off Biden's previous target for 100% clean energy."
"Of course, like in any collaborative effort, there are areas of negotiation and compromise," said the New York Democrat. "But I do believe that the Climate Task Force effort meaningfully and substantively improved Biden's positions."
Today the 6 Biden-Sanders Unity Task Forces are unveiling final language. The Climate Task Force accomplished a gr… https://t.co/gz3broq2qe— Alexandria Ocasio-Cortez (@Alexandria Ocasio-Cortez)1594240617.0
The 110 pages of policy recommendations from the six eight-person Unity Task Forces on education, the economy, criminal justice, immigration, climate change, and healthcare are aimed at shaping negotiations over the 2020 Democratic platform at the party's convention next month.
Sanders said that while the "end result isn't what I or my supporters would've written alone, the task forces have created a good policy blueprint that will move this country in a much-needed progressive direction and substantially improve the lives of working families throughout our country."
"I look forward to working with Vice President Biden to help him win this campaign," the Vermont senator added, "and to move this country forward toward economic, racial, social, and environmental justice."
Biden, for his part, applauded the task forces "for helping build a bold, transformative platform for our party and for our country."
"I am deeply grateful to Bernie Sanders for working with us to unite our party and deliver real, lasting change for generations to come," said the former vice president.
On the life-or-death matter of reforming America's dysfunctional private health insurance system—a subject on which Sanders and Biden clashed repeatedly throughout the Democratic primary process—the Unity Task Force affirmed healthcare as "a right" but did not embrace Medicare for All, the signature policy plank of the Vermont senator's presidential bid.
Instead, the panel recommended building on the Affordable Care Act by establishing a public option, investing in community health centers, and lowering prescription drug costs by allowing the federal government to negotiate prices. The task force also endorsed making all Covid-19 testing, treatments, and potential vaccines free and expanding Medicaid for the duration of the pandemic.
"It has always been a crisis that tens of millions of Americans have no or inadequate health insurance—but in a pandemic, it's potentially catastrophic for public health," the task force wrote.
Dr. Abdul El-Sayed, a former Michigan gubernatorial candidate and Sanders-appointed member of the Healthcare Task Force, said that despite major disagreements, the panel "came to recommendations that will yield one of the most progressive Democratic campaign platforms in history—though we have further yet to go."
We rein in #pharma's greed by: 1) Allowing Medicare to FINALLY negotiate Rx drugs FOR ALL AMERICANS 2) Using Rx d… https://t.co/6k9iUCLMp7— Abdul El-Sayed (@Abdul El-Sayed)1594238411.0
Observers and advocacy groups also applauded the Unity Task Forces for recommending the creation of a postal banking system, endorsing a ban on for-profit charter schools, ending the use of private prisons, and imposing a 100-day moratorium on deportations "while conducting a full-scale study on current practices to develop recommendations for transforming enforcement policies and practices at ICE and CBP."
Marisa Franco, director of immigrant rights group Mijente, said in a statement that "going into these task force negotiations, we knew we were going to have to push Biden past his comfort zone, both to reconcile with past offenses and to carve a new path forward."
"That is exactly what we did, unapologetically," said Franco, a member of the Immigration Task Force. "For years, Mijente, along with the broader immigrant rights movement, has fought to reshape the narrative around immigration towards racial justice and to focus these very demands. We expect Biden and the Democratic Party to implement them in their entirety."
"There is no going back," Franco added. "Not an inch, not a step. We must only move forward from here."
Reposted with permission from Common Dreams.
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