Why Trump’s Shrinking of Bears Ears Will Be Reversed
By Eric Biber, Nicholas Bryner, Sean B. Hecht and Mark Squillace
On Dec. 4, President Trump traveled to Utah to sign proclamations downsizing Bears Ears National Monument by 85 percent and Grand Staircase-Escalante National Monument by nearly 50 percent. "[S]ome people think that the natural resources of Utah should be controlled by a small handful of very distant bureaucrats located in Washington," Trump said. "And guess what? They're wrong."
Native American tribes and environmental organizations have already filed lawsuits challenging Trump's action. In our analysis as environmental and natural resources law scholars, the president's action is illegal and will likely be overturned in court.
Contests Over Land Use
Since 1906 the Antiquities Act has given presidents the authority to set aside federal lands in order to protect "historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest."
When a president creates a national monument, the area is "reserved" for the protection of sites and objects there, and may also be "withdrawn," or exempted, from laws that would allow for mining, logging or oil and gas development. Frequently, monument designations grandfather in existing uses of the land, but prohibit new activities such as mineral leases or mining claims.
Because monument designations reorient land use away from resource extraction and toward conservation, some monuments have faced opposition from local officials and members of Congress. In the past two decades, Utah has been a flashpoint for this debate.
In 1996 President Clinton designated the Grand Staircase-Escalante National Monument, a region of incredible slot canyons and remote plateaus. Twenty years later, President Obama designated Bears Ears National Monument, an area of scenic rock formations and sites sacred to Native American tribes.
In April, President Trump ordered a review of national monuments designated in the past two decades. Trump directed Interior Sec. Ryan Zinke to recommend steps to eliminate or shrink these monuments or realign their management with Trump administration priorities.
Secretary Zinke's review was an arbitrary and opaque process. During a rushed four-month period, Zinke visited only eight of the 27 monuments under review. At the end of the review, the Interior Department released to the public only a two-page summary of Zinke's report.
In September, the Washington Post published a leaked copy of Zinke's detailed recommendations. They included downsizing, changing management plans, or loosening restrictions at a total of 10 monuments, including three ocean monuments.
Trump's proclamations on Bears Ears and Grand Staircase-Escalante note the long list of objects that the monuments were created to protect, but claim that many of these objects are "not unique," "not of significant scientific or historic interest" or "not under threat of damage or destruction."
As a result, Trump's orders split each monument into smaller units, excluding large tracts that are deemed "unnecessary." Areas cut from the monuments, including coal-rich portions of the Kaiparowits Plateau, will be reopened to mineral leasing, mining, and other uses.
What the Law Says
The key question at issue is whether the Antiquities Act empowers presidents to alter or revoke decisions by past administrations. The Property Clause of the Constitution gives Congress the power to decide what happens on "territory or other property belonging to the United States." When Congress passed the Antiquities Act, it delegated a portion of that authority to the president so that administrations could act quickly to protect resources or sites that are threatened.
Critics of recent national monuments argue that if a president can create a national monument, the next one can undo it. However, the Antiquities Act speaks only of designating monuments. It says nothing about abolishing or shrinking them.
Two other early land management statutes—the Pickett Act of 1910 and the Forest Service Organic Act of 1897—authorized the president to withdraw other types of land, and specifically stated that the president could modify or revoke those actions. In contrast, the Antiquities Act is silent on reversing past decisions.
In 1938, when President Franklin D. Roosevelt considered abolishing the Castle-Pinckney National Monument—a deteriorating fort in Charleston, South Carolina—Attorney General Homer Cummings advised that the president did not have the power to take this step. (Congress abolished the monument in 1951).
Congress enacted a major overhaul of public lands law in 1976, the Federal Land Policy and Management Act, repealing many earlier laws. However, it did not repeal the Antiquities Act. The House Committee that drafted the 1976 law also made clear in legislative reports that it intended to prohibit the president from modifying or abolishing a national monument, stating that the law would "specifically reserve to the Congress the authority to modify and revoke withdrawals for national monuments created under the Antiquities Act."
Since that time, no president until Trump has attempted to revoke or downsize any national monument. Trump's changes to Bears Ears and Grand Staircase-Escalante depend on an argument that presidential declarations about what a national monument protects are subject to second-guessing by subsequent presidents. These claims run counter to every court decision that has examined the Antiquities Act.
Courts have always been deferential to presidents' use of the law, and no court has ever struck down a monument based on its size or the types of objects it is designed to protect. Congress, rather than the President, has the authority to alter monuments, should it decide that changes are appropriate.
The Value of Preservation
This summer 118 other law professors, as well as California Attorney General Xavier Becerra and a number of conservation organizations, cited our analysis in letters to Sec. Zinke concluding that the president does not have authority to downsize or revoke national monuments.
Although many national monuments faced vociferous local opposition when they were declared, including Jackson Hole National Monument (now part of Grand Teton National Park), over time, Americans have come to appreciate them.
Indeed, Congress has converted many into national parks, including Acadia, the Grand Canyon, Arches and Joshua Tree. These four parks alone attracted more than 13 million visitors in 2016. The aesthetic, cultural, scientific, spiritual and economic value of preserving them has long exceeded whatever short-term benefit could have been derived without legal protection.
Bears Ears and Grand Staircase-Escalante are home to many natural and archaeological wonders, including scenic bluffs, petroglyphs, burial grounds and other sacred sites, and a rich diversity of plant and animal life. The five Native American tribes that supported protecting Bears Ears, led by the Navajo Nation, have vowed to defend the monuments in court. President Trump's effort to scale back these monuments oversteps his authority and is unlikely to stand.
Reposted with permission from our media associate YES! Magazine.
By Matthew J. Landry and Heather Eicher-Miller
When university presidents were surveyed in spring of 2020 about what they felt were the most pressing concerns of COVID-19, college students going hungry didn't rank very high.
Why It Matters<p>This is not just a matter of growling stomachs. This is a straight-up education and health issue.</p><p>When students don't really know if they'll be able to get enough to eat, it can lead to a series of problems that make it harder to stay in school. For instance, it can affect <a href="https://doi.org/10.1177%2F1359105318783028" target="_blank">academic performance</a> and <a href="https://doi.org/10.1186/s12889-019-6943-6" target="_blank" rel="noopener noreferrer">sleep quality</a>. It can also lead to <a href="https://doi.org/10.1177/1359105318783028" target="_blank" rel="noopener noreferrer">poor mental and physical health</a> outcomes for college students.</p><p>Food insecurity can also result in disrupted eating patterns if there is <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6627945/" target="_blank" rel="noopener noreferrer">not enough food or the variety</a> or <a href="https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-019-6943-6" target="_blank" rel="noopener noreferrer">quality of what someone eats</a> is low.</p>
Campus Food Pantries<p>Previous strategies by <a href="https://www.gao.gov/assets/700/696254.pdf" target="_blank">colleges and universities</a> to fight hunger in their student bodies have varied widely. They include campus food pantries, emergency cash assistance and nutrition education through noncredit classes or workshopse.</p><p>These strategies were put to the test during the spring 2020 semester, when nearly <a href="https://hope4college.com/wp-content/uploads/2020/06/Hopecenter_RealCollegeDuringthePandemic.pdf" target="_blank">three in five students</a> said they had trouble meeting their own basic needs during the pandemic.</p><p>College food pantries saw <a href="https://www.utrgv.edu/newsroom/2020/05/01-utrgv-student-food-pantry-seeing-recent-increase-in-demand-during-covid-19.htm" target="_blank" rel="noopener noreferrer">big increases</a> in demand. Others said they <a href="https://www.theprospectordaily.com/2020/09/22/uteps-food-pantry-is-running-out-of-food/" target="_blank" rel="noopener noreferrer">were getting less donated food</a>. This made it even harder to meet the rising food needs of students.</p><p>Campus food pantries largely rely on local or regional food banks, which have been dealing with <a href="https://www.indystar.com/story/news/local/2020/10/04/indiana-food-banks-call-more-food-stamps-meet-publics-need/3523683001/" target="_blank" rel="noopener noreferrer">greater demand</a> than they are able to meet during the pandemic.</p><p>The many students who are attending college remotely will, of course, have less access to campus resources like food pantries.</p>
Federal Help<p>Other potential ways to get more food are government programs like the <a href="https://www.fns.usda.gov/snap/recipient/eligibility" target="_blank">Supplemental Nutrition Assistance Program</a>, known as SNAP. Yet the majority of able-bodied students are not eligible. Long-standing restrictions, like the <a href="https://www.fns.usda.gov/snap/students" target="_blank">college SNAP rule</a>, prevent full-time students from receiving these benefits.</p><p>Such regulatory hurdles were created under the assumption that most students can rely on their parents to get enough to eat. However, college students have vastly different levels of financial support. Some students can rely on their parents for everything and others cannot rely on their parents for anything.</p><p>Decreased reliance on parental financial support is <a href="https://ir.library.louisville.edu/jsfa/vol47/iss3/5/" target="_blank">especially common</a> for first-generation students and students of color, who now make up <a href="https://1xfsu31b52d33idlp13twtos-wpengine.netdna-ssl.com/wp-content/uploads/2019/02/Race-and-Ethnicity-in-Higher-Education.pdf" target="_blank" rel="noopener noreferrer">45% of enrolled college students</a>.</p><p>Under normal circumstances, many college students might rely on part-time jobs to pay for their food.</p>
Short-Term Solutions<p>Universities and colleges can make it a priority to ensure students are aware of all available campus resources and services. They can also potentially help students apply for federal assistance benefits.</p><p>Campus food pantries are not a fully effective and efficacious solution for the scale of college food insecurity, but they can be a good interim solution to increase access to food for students.</p><p>Campuses without food pantries can start one, making use of resources the <a href="https://cufba.org/resources/" target="_blank">College and University Food Bank Alliance</a> provides. Schools with food pantries can try to get them to <a href="https://www.swipehunger.org/5campuspantry/" target="_blank" rel="noopener noreferrer">reach more students</a>.</p><p>Universities and colleges can also lean on one another for support. The <a href="http://wp.auburn.edu/endchildhungeral/alabama-campus-coalition-for-basic-needs/" target="_blank" rel="noopener noreferrer">Alabama Campus Coalition for Basic Needs</a> is a great example of this. It brings together 10 universities across the state of Alabama collectively working to address student food insecurity.</p>
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Plain Naturals is making waves in the CBD space with a new product line for retail customers looking for high potency CBD products at industry-low prices.
Is More CBD Really Better?<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDU2ODQyNC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYzMzYxMDMzN30.6B08i5QYW_Iq5bUf3qtm8oK8o6FKsRUZ74gdakgJ_TY/img.jpg?width=980" id="0ef5b" class="rm-shortcode" data-rm-shortcode-id="bac86abf3ce246742b18b0dc4052f4dd" data-rm-shortcode-name="rebelmouse-image" />
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The Truth About CBD Product Potency<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDU2ODMyNC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYyNDc2NTg1N30.OAm3iOTO_pKZLXi7KdJ7n0DGOFMdOmIYuG4ArGooFC4/img.jpg?width=980" id="d657c" class="rm-shortcode" data-rm-shortcode-id="ee016a81b29caa699b9185b64ce345d6" data-rm-shortcode-name="rebelmouse-image" />
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By Dr. Kate Raynes-Goldie
Of all the plastic we've ever produced, only 9% has been recycled. So what happened to all that plastic you've put in the recycling bin over the years?
Triangle of Mistruths<p>The myth created around plastic recycling has been one of simplicity. We look for the familiar triangle arrows, then pop the waste in the recycling bin so it can be reused.</p><p>But the true purpose of those triangles has been misunderstood by the general public ever since their invention in the 1980s.</p><p>These triangles were actually created by the plastics industry and, according to a report provided to them in July 1993, <a href="https://www.npr.org/transcripts/912150085" target="_blank">were creating "unrealistic expectations"</a> about what could be recycled. But they decided to keep using the codes.</p><p>Which is why many people still believe that these triangular symbols (also known as a <a href="https://sustainablepackaging.org/101-resin-identification-codes/" target="_blank" rel="noopener noreferrer">resin identifier code</a> or RIC) means something is recyclable.</p><p>But according to the American Society for Testing and Materials International (ASTM) – which controls the RIC system – the numbered triangles "<a href="https://www.astm.org/Standards/D7611.htm" target="_blank" rel="noopener noreferrer">are not recycle codes</a>." In fact, they weren't created for the general public at all. They were made for the post-consumer plastic industry.</p><p>In other words, the symbols make it easier to sort the different types of plastics, some of which cannot be recycled – <a href="https://www.ecobin.com.au/understand-recycling-codes/" target="_blank" rel="noopener noreferrer">depending on the recycling facility</a>.</p><p>"Unfortunately, just placing your plastic into the recycling bin doesn't mean it will get recycled," says Lara Camilla Pinho. She is an architect and lecturer at the UWA School of Design who is researching novel uses of plastic waste.</p><p>"The recycling system is complicated and often dictated by market demand. Not all plastic is recyclable. We cannot recycle plastic bags or straws for example."</p>
Behind the Scenes<p>So, what makes recycling plastics so difficult?</p><p>"Essentially, there are two types of plastics – thermoplastics and thermosets. While thermoplastics can be re-melted and re-molded, thermosets contain cross-linked polymers that cannot be separated meaning they cannot be recycled," says Lara.</p><p>"Even thermoplastics have a limit to the amount of times we can recycle them, as each time they are recycled they downgrade in quality."</p><p>Even when plastics are recyclable, it is <a href="https://www.theguardian.com/environment/2019/oct/13/war-on-plastic-waste-faces-setback-as-cost-of-recycled-material-soars" target="_blank">often more costly</a> than simply making new plastics.</p>
Sugar, Seaweed and Mushrooms<p>If the conventional recycling system isn't working, what else can we do with all the plastic we've created?</p><p>Lara is looking for ways to add value to recycled plastics such as using it in the design and development of architectural products. She hopes to use these architectural products to help underserved communities that are disproportionately affected by plastic waste.</p><p>In addition to recycling, we also need to find ways to reduce our use of virgin petroleum-based plastics.</p><p>Bioplastic is one such product that has been getting a lot of hype over the last few years. And although they're better than petroleum-based plastics, bioplastics also come with their own <a href="https://phys.org/news/2017-12-truth-bioplastics.html" target="_blank">set of challenges</a>.</p><p>"There are already a lot of bio-based alternatives to plastic, such as bagasse – a byproduct of sugar cane processing," says Lara.</p><p><a href="https://blogs.scientificamerican.com/observations/the-mycelium-revolution-is-upon-us/" target="_blank" rel="noopener noreferrer">Mycelium</a>, a type of fungi we most often associate with mushrooms, are also providing an interesting plastic alternative.</p><p>"In the field of architecture, mycelium is starting to be used as an alternative to plastic insulation, but also as compostable packaging and bricks," says Lara.</p><p>"The bricks take around five days to make and are strong, durable, water resistant and compostable at the end of their use."</p><p><a href="https://www.arup.com/news-and-events/hyfi-reinvents-the-brick" target="_blank" rel="noopener noreferrer">Hy-Fi Tower</a>, created by <a href="http://www.thelivingnewyork.com/living_about.html" target="_blank" rel="noopener noreferrer">The Living</a>, is an example of a building made from these bricks.</p><p>And finally, there's seaweed.</p><p>"[Seaweed is] cheap and can reproduce itself quickly without fertilizers. In architecture, there is use for seaweed as an alternative to plastic insulation but also as cladding," says Lara.</p>
More Money, More Problems<p>While all these alternatives are great, the main cause of our plastic dilemma is not scientific or technological, but economic.</p><p>As long as it remains <a href="https://engineering.mit.edu/engage/ask-an-engineer/why-is-it-cheaper-to-make-new-plastic-bottles-than-to-recycle-old-ones/" target="_blank">cheaper to create new plastics</a> from fossil fuels rather than from bioplastics or from recycling, we're going to be stuck with plastic garbage islands floating in our oceans.</p><p>The true cost to our health and our environment has yet to be included in the equation. But once it is, maybe that is when the real shift will happen.</p>
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