By Patrice Simms and Brielle Green
The confirmation process for Justice Brett Kavanaugh was painful for many of us. Earthjustice stood staunchly against his nomination—both because of the jurist we know Justice Kavanaugh to be, and because we believe Dr. Christine Blasey Ford. Despite having every opportunity to get it right, our lawmakers once again failed all of us by charting a course that was deeply disrespectful to survivors of sexual assault and offensive to our bedrock principles of equity and justice.
While Kavanaugh's confirmation has raised concerns about the impartiality of the judicial branch, we believe the courts remain a place for those left behind by the political system to seek justice. And Earthjustice has a plan to keep them that way.
First, the laws and statutes protecting our communities, our public health, and our planet remain robust. Earthjustice has nearly 50 years of experience navigating and pushing forward those laws to save lives, reduce pollution and preserve our most irreplaceable natural wonders. Those laws don't simply disappear because Brett Kavanaugh got confirmed. In fact, the clear mandates in those laws provide a powerful tool that is more important than ever to push back against polluters and their cronies.
Second, the legal landscape for key environmental fights extends far beyond just the Supreme Court. In fact, the vast majority of cases we work on are ultimately decided by lower courts. Earthjustice has filed more than 110 lawsuits against the Trump administration's efforts to gut environmental safeguards, and we are winning many of those fights long before they ever reach the Supreme Court.
Third, while the Trump administration's efforts to fill federal courts at all levels with polluter-friendly judges are deeply worrying, those judges are still beholden to the laws and precedents already on the books. They cannot simply ignore the statutes that Congress has adopted. Earthjustice will continue to hold the government and corporations accountable for following those laws.
And finally, Earthjustice will continue to fight in the courts because it's what we do. It's who we are. And it's what is right.
Earthjustice attorney Deborah Goldberg at work in an Albany courtroom. Chris Jordan-Bloch / Earthjustice
This is a profoundly difficult time for those of us fighting for justice, but we cannot give into despair or throw our hands up at the obstacles ahead of us. We must continue protecting not only the health of our planet and its people, but the health of our democracy and our justice system. Earthjustice will remain on the front lines of these fights—in the courtroom, in communities and in the halls of Congress. I hope you will continue to stand alongside us.
Yet another former Trump administration staffer has come out with an endorsement for former Vice President Joe Biden, this time in response to President Donald Trump's handling of the coronavirus pandemic.
- Trump Denies CDC Director's 2021 Timeline for Coronavirus Vaccine ›
- Trump Orders Hospitals to Stop Sending COVID-19 Data to CDC ... ›
- Two White House Staffers Test Positive for Coronavirus - EcoWatch ›
- Trump Admin to Disband Coronavirus Task Force - EcoWatch ›
- Pence Offers 'Prayers' as Hurricane Laura Hits Gulf Coast While ›
EcoWatch Daily Newsletter
Every September for the past 11 years, non-profit the Climate Group has hosted Climate Week NYC, a chance for business, government, activist and community leaders to come together and discuss solutions to the climate crisis.
- Covering the 2020 Elections as a Climate Story - EcoWatch ›
- Coronavirus Delays 2020 Earth Overshoot Day by Three Weeks ... ›
By Elliot Douglas
The coronavirus pandemic has altered economic priorities for governments around the world. But as wildfires tear up the west coast of the United States and Europe reels after one of its hottest summers on record, tackling climate change remains at the forefront of economic policy.
- German Business Leaders Call for Climate Action With COVID-19 ... ›
- Climate Activists Protest Germany's New Datteln 4 Coal Power Plant ... ›
By D. André Green II
One of nature's epic events is underway: Monarch butterflies' fall migration. Departing from all across the United States and Canada, the butterflies travel up to 2,500 miles to cluster at the same locations in Mexico or along the Pacific Coast where their great-grandparents spent the previous winter.
Millions of People Care About Monarchs<p>I will never forget the sights and sounds the first time I visited monarchs' overwintering sites in Mexico. Our guide pointed in the distance to what looked like hanging branches covered with dead leaves. But then I saw the leaves flash orange every so often, revealing what were actually thousands of tightly packed butterflies. The monarchs made their most striking sounds in the Sun, when they burst from the trees in massive fluttering plumes or landed on the ground in the tussle of mating.</p><p>Decades of educational outreach by teachers, researchers and hobbyists has cultivated a generation of monarch admirers who want to help preserve this phenomenon. This global network has helped restore not only monarchs' summer breeding habitat by planting milkweed, but also general pollinator habitat by planting nectaring flowers across North America.</p><p>Scientists have calculated that restoring the monarch population to a stable level of about 120 million butterflies will require <a href="https://doi.org/10.1111/icad.12198" target="_blank">planting 1.6 billion new milkweed stems</a>. And they need them fast. This is too large a target to achieve through grassroots efforts alone. A <a href="https://www.fws.gov/savethemonarch/CCAA.html" target="_blank" rel="noopener noreferrer">new plan</a>, announced in the spring of 2020, is designed to help fill the gap.</p>
Pros and Cons of Regulation<p>The top-down strategy for saving monarchs gained energy in 2014, when the U.S. Fish and Wildlife Service <a href="https://www.fws.gov/southeast/pdf/petition/monarch.pdf" target="_blank">proposed</a> listing them as threatened under the Endangered Species Act. A decision is expected in December 2020.</p><p>Listing a species as endangered or threatened <a href="https://www.fws.gov/endangered/esa-library/pdf/listing.pdf" target="_blank">triggers restrictions</a> on "taking" (hunting, collecting or killing), transporting or selling it, and on activities that negatively affect its habitat. Listing monarchs would impose restrictions on landowners in areas where monarchs are found, over vast swaths of land in the U.S.</p><p>In my opinion, this is not a reason to avoid a listing. However, a "threatened" listing might inadvertently threaten one of the best conservation tools that we have: public education.</p><p>It would severely restrict common practices, such as rearing monarchs in classrooms and back yards, as well as scientific research. Anyone who wants to take monarchs and milkweed for these purposes would have to apply for special permits. But these efforts have had a multigenerational educational impact, and they should be protected. Few public campaigns have been more successful at raising awareness of conservation issues.</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="91165203d4ec0efc30e4632a00fdf57d"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/KilPRvjbMrA?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
The Rescue Attempt<p>To preempt the need for this kind of regulation, the U.S. Fish and Wildlife Service approved a <a href="https://www.fws.gov/savethemonarch/pdfs/Monarch%20CCAA-CCA%20Public%20Comment%20Documents/Monarch-Nationwide_CCAA-CCA_Draft.pdf" target="_blank">Nationwide Candidate Conservation Agreement for Monarch Butterflies</a>. Under this plan, "rights-of-way" landowners – energy and transportation companies and private owners – commit to restoring and creating millions of acres of pollinator habitat that have been decimated by land development and herbicide use in the past half-century.</p><p>The agreement was spearheaded by the <a href="http://rightofway.erc.uic.edu/" target="_blank">Rights-of-Way Habitat Working Group</a>, a collaboration between the University of Illinois Chicago's <a href="https://erc.uic.edu/" target="_blank" rel="noopener noreferrer">Energy Resources Center</a>, the Fish and Wildlife Service and over 40 organizations from the energy and transportation sectors. These sectors control "rights-of-way" corridors such as lands near power lines, oil pipelines, railroad tracks and interstates, all valuable to monarch habitat restoration.</p><p>Under the plan, partners voluntarily agree to commit a percentage of their land to host protected monarch habitat. In exchange, general operations on their land that might directly harm monarchs or destroy milkweed will not be subject to the enhanced regulation of the Endangered Species Act – protection that would last for 25 years if monarchs are listed as threatened. The agreement is expected to create up to 2.3 million acres of new protected habitat, which ideally would avoid the need for a "threatened" listing.</p>
A Model for Collaboration<p>This agreement could be one of the few specific interventions that is big enough to allow researchers to quantify its impact on the size of the monarch population. Even if the agreement produces only 20% of its 2.3 million acre goal, this would still yield nearly half a million acres of new protected habitat. This would provide a powerful test of the role of declining breeding and nectaring habitat compared to other challenges to monarchs, such as climate change or pollution.</p><p>Scientists hope that data from this agreement will be made publicly available, like projects in the <a href="https://www.fws.gov/savethemonarch/MCD.html" target="_blank">Monarch Conservation Database</a>, which has tracked smaller on-the-ground conservation efforts since 2014. With this information we can continue to develop powerful new models with better accuracy for determining how different habitat factors, such as the number of milkweed stems or nectaring flowers on a landscape scale, affect the monarch population.</p><p>North America's monarch butterfly migration is one of the most awe-inspiring feats in the natural world. If this rescue plan succeeds, it could become a model for bridging different interests to achieve a common conservation goal.</p>
The annual Ig Nobel prizes were awarded Thursday by the science humor magazine Annals of Improbable Research for scientific experiments that seem somewhat absurd, but are also thought-provoking. This was the 30th year the awards have been presented, but the first time they were not presented at Harvard University. Instead, they were delivered in a 75-minute pre-recorded ceremony.