Court Allows Trump to Bulldoze Environmental Laws For Border Wall
In a 2-1 decision (pdf), the 9th Circuit Court of Appeals affirmed an earlier district court ruling that determined the Department of Homeland Security (DHS) has broad authority under the Immigration Reform and Immigrant Responsibility Act of 1996 to waive statutes such as the National Environmental Policy Act, Clean Air Act, Endangered Species Act and many more environmental rules to build border barriers.
"Because the projects are statutorily authorized and DHS has waived the environmental laws California and the environmental groups seek to enforce, we affirm the district court's grant of summary judgment to DHS," judge M. Margaret McKeown wrote in the majority opinion.
A Justice Department spokesperson told The Hill that the ruling was "a victory for the Trump administration, for the rule of law, and above all, for our border security."
The lawsuit was originally filed in 2017 by multiple conservation groups and the state of California in response to the federal government's waiver of 37 environmental regulations to build prototypes of the planned border wall in the Otay Mesa area of San Diego County, as well as a replacement for existing border infrastructure along a 15-mile stretch of the U.S.-Mexico boundary south of San Diego.
The Center for Biological Diversity, one of the litigants, was disappointed by Monday's court ruling, especially as the challengers tried to take the case to the Supreme Court but was rejected in December.
"Congress has ceded its authority to Trump, who has swept aside fundamental public safety and environmental laws to build walls that won't work," Brian Segee, a Center for Biological Diversity attorney, said in a statement to The Hill after the decision. "This lawlessness is destroying irreplaceable ecosystems and militarizing communities."
A 2017 study by the Center for Biological Diversity looking at the potential impact of the wall on 93 threatened or… https://t.co/wJzVEDBhA6— Center for Bio Div (@Center for Bio Div)1549994979.0
Environmental concerns about the controversial border wall are on full display in Texas, where construction is imminent at the National Butterfly Center—the most diverse butterfly sanctuary in the U.S.
A planned 5.5-mile section of concrete and steel border wall that was funded by the the 2018 Omnibus spending bill will cut off 70 percent of the 100-acre property.
Some 200 species of butterflies find a home there each year, including the Mexican bluewing, the black swallowtail and the increasingly imperiled monarch.
On Monday, the nonprofit filed a temporary restraining order against the federal government to halt construction until a lawsuit filed by the center has been resolved, according to the San Antonio Express-News.
The Trump administration also waived 28 environmental laws including the Endangered Species Act in order to build 33 more miles of wall in the lower Rio Grande Valley, including the section through the butterfly center.
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- Redwoods are the world's tallest trees.
- Now scientists have discovered they are even bigger than we thought.
- Using laser technology they map the 80-meter giants.
- Trees are a key plank in the fight against climate change.
They are among the largest trees in the world, descendants of forests where dinosaurs roamed.
Pixabay / Simi Luft<p><span>Until recently, measuring these trees meant scaling their 80 meter high trunks with a tape measure. Now, a team of scientists from University College London and the University of Maryland uses advanced laser scanning, to create 3D maps and calculate the total mass.</span></p><p>The results are striking: suggesting the trees <a href="https://www.nature.com/articles/s41598-020-73733-6" target="_blank" rel="noopener noreferrer">may be as much as 30% larger than earlier measurements suggested.</a> Part of that could be due to the additional trunks the Redwoods can grow as they age, <a href="https://www.nature.com/articles/s41598-020-73733-6" target="_blank" rel="noopener noreferrer">a process known as reiteration</a>.</p>
New 3D measurements of large redwood trees for biomass and structure. Nature / UCL<p>Measuring the trees more accurately is important because carbon capture will probably play a key role in the battle against climate change. Forest <a href="https://www.wri.org/blog/2020/09/carbon-sequestration-natural-forest-regrowth" target="_blank">growth could absorb billions of tons</a> of carbon dioxide from the atmosphere each year.</p><p>"The importance of big trees is widely-recognised in terms of carbon storage, demographics and impact on their surrounding ecosystems," the authors wrote<a href="https://www.nature.com/articles/s41598-020-73733-6" target="_blank"> in the journal Nature</a>. "Unfortunately the importance of big trees is in direct proportion to the difficulty of measuring them."</p><p>Redwoods are so long lived because of their ability to <a href="https://www.nature.com/articles/s41598-020-73733-6" target="_blank" rel="noopener noreferrer">cope with climate change, resist disease and even survive fire damage</a>, the scientists say. Almost a fifth of their volume may be bark, which helps protect them.</p>
Carbon Capture Champions<p><span>Earlier research by scientists at Humboldt University and the University of Washington found that </span><a href="https://www.sciencedirect.com/science/article/pii/S0378112716302584" target="_blank" rel="noopener noreferrer">Redwood forests store almost 2,600 tonnes of carbon per hectare</a><span>, their bark alone containing more carbon than any other neighboring species.</span></p><p>While the importance of trees in fighting climate change is widely accepted, not all species enjoy the same protection as California's coastal Redwoods. In 2019 the world lost the equivalent of <a href="https://www.worldwildlife.org/threats/deforestation-and-forest-degradation" target="_blank" rel="noopener noreferrer">30 soccer fields of forest cover every minute</a>, due to agricultural expansion, logging and fires, according to The Worldwide Fund for Nature (WWF).</p>
Pixabay<p>Although <a href="https://c402277.ssl.cf1.rackcdn.com/publications/1420/files/original/Deforestation_fronts_-_drivers_and_responses_in_a_changing_world_-_full_report_%281%29.pdf?1610810475" target="_blank" rel="noopener noreferrer">the rate of loss is reported to have slowed in recent years</a>, reforesting the world to help stem climate change is a massive task.</p><p><span>That's why the World Economic Forum launched the Trillion Trees Challenge (</span><a href="https://www.1t.org/" target="_blank" rel="noopener noreferrer">1t.org</a><span>) and is engaging organizations and individuals across the globe through its </span><a href="https://uplink.weforum.org/uplink/s/uplink-issue/a002o00000vOf09AAC/trillion-trees" target="_blank" rel="noopener noreferrer">Uplink innovation crowdsourcing platform</a><span> to support the project.</span></p><p>That's backed up by research led by ETH Zurich/Crowther Lab showing there's potential to restore tree coverage across 2.2 billion acres of degraded land.</p><p>"Forests are critical to the health of the planet," according to <a href="https://www.1t.org/" target="_blank" rel="noopener noreferrer">1t.org</a>. "They sequester carbon, regulate global temperatures and freshwater flows, recharge groundwater, anchor fertile soil and act as flood barriers."</p><p><em data-redactor-tag="em" data-verified="redactor">Reposted with permission from the </em><span><em data-redactor-tag="em" data-verified="redactor"><a href="https://www.weforum.org/agenda/2021/03/redwoods-store-more-co2-and-are-more-enormous-than-we-thought/" target="_blank">World Economic Forum</a>.</em></span></p>
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