Zinke Leaves Interior to His Pro-Polluter, Anti-Environment Deputy
By Emilie Karrick Surrusco
As 2019 begins, it's out with the old and in with the same old, same old. Scandal-ridden Secretary of the Interior Ryan Zinke released a brief farewell letter Wednesday in red marker. With Zinke's successor not yet named, David Bernhardt becomes acting secretary. The move swaps out one political insider closely aligned with deep-pocketed special interests for another.
Bernhardt, who became deputy secretary of the Department of Interior in August 2017, is "a walking conflict of interest" who served as the Interior Department's top lawyer under George W. Bush—and went on to a lucrative career as a legal adviser for timber companies, mining companies and oil and gas interests. Since returning to the Interior Department under Trump, he has quietly implemented policy decisions that benefit his former corporate polluter clients.
"As Deputy Secretary and now as acting Secretary, David Bernhardt never intended to adhere to basic standards of ethics and accountability. Instead, he is hell-bent on continuing Zinke's work of dismantling bedrock environmental protections and selling off our public lands to the highest bidder," said Martin Hayden, Earthjustice VP of policy and legislation. "This is business as usual for the Trump administration and Earthjustice will continue to fight them every step of the way."
The Interior Department is currently facing litigation from Friends of the Earth, Western Values Project, and others for failing to release ethics documents under the Freedom of Information Act that could help explain why Bernhardt's former lobbying clients have received regulatory and policy decisions in their favor.
"It is noteworthy that many of the Deputy Secretary's former clients began receiving sudden and dramatic windfalls only months after his swearing in," the complaint reads. "By failing to respond to FOIA requests concerning Deputy Secretary Bernhardt, DOI has violated the law."
One month after Bernhardt took over as the No. 2 at Interior, the Bureau of the Land Management announced a change that made it easier for Cadiz Inc. to go forward with a controversial water project. Cadiz, a former client of Bernhardt's at the lobbying firm Brownstein Hyatt Farber Schreck LLP, has been trying for decades to push a dubious scheme to sell possibly contaminated water from beneath the Mojave Desert in southern California. The plan would not only imperil the desert's fragile ecosystem, but also would endanger people who drink the water, which is contaminated with hexavalent chromium, a cancer-causing chemical.
Now, thanks to the BLM's reversal of an Obama administration decision, Cadiz has cleared one legal hurdle that would allow them to build a pipeline to carry the water through the Mojave Trails National Monument to the Los Angeles area.
Bernhardt's old lobbying firm has already earned 200,000 shares of Cadiz stock for their involvement with the company, and stands to earn 200,000 more if the project is completed.
Bernhardt was also a lobbyist for the Westlands Water District, a politically influential irrigation agency that has long battled the federal government on behalf of big agribusinesses in California's arid western Central Valley. Westlands has paid Bernhardt's firm $1.27 million in lobbying fees since 2011. Its demands for increased water flows to farms jeopardize endangered species in the ecologically compromised San Francisco Bay-Delta Estuary, particularly in times of drought.
In October, President Trump signed a memorandum to review water regulations and speed up review of the rules about how water is pumped through the Sacramento-San Joaquin Delta, in order to facilitate more water allotments for Westlands' large commercial farmers.
"What's happened there is disgraceful," Trump said of California's water situation, according to the Sacramento Bee. "They've taken it away. There's so much water, they don't know what to do with it, they send it out to sea ... They don't let the water come down into the Valley and into the areas where they need the water."
Westlands also is responsible for an environmental disaster in the early 1980s, when a half-finished irrigation canal built by the federal government carried tainted Westlands water directly into a wildlife refuge. Migratory birds were killed or hatched with birth defects caused by naturally occurring selenium and heavy metals in the water. A long-running legal battle over the disaster finally culminated in a proposed settlement between the Interior Department and Westlands in 2015, which put the onus on Westlands to deal with the aftermath of the pollution while forgiving its roughly $375 million debt to the government. Bernhardt represented Westlands in the negotiation of the settlement, which is yet to be finalized. A bill introduced in the House of Representatives last year would require the Interior Department to implement the proposed settlement.
Another former client, the Independent Petroleum Association of America, benefited when Bernhardt oversaw proposed revisions to agreements for the management of sage grouse habitat across 10 Western states. The revisions eliminate protections for the imperiled bird in favor of petroleum development. And while the sage grouse is not listed as endangered, it has been protected by the Endangered Species Act, a law that Bernhardt has been dead set against since his time as the Interior Department's solicitor general in the early 2000s.
Bernhardt has continued his campaign against the Endangered Species Act since returning to the Interior Department, with proposals to allow regulators to consider the economic impacts in decisions about listing particular species, rather than just looking at available science. In a Washington Post op-ed authored by Bernhardt, he calls for "creative, incentive-based conservation" to bring "our government's implementation of the Endangered Species Act into the 21st century."
In a similar vein, Bernhardt has continued efforts to open the Arctic National Wildlife Refuge in Alaska to drilling. During his career as a lobbyist, Bernhardt represented the state of Alaska in controversial litigation that aimed to open the Arctic Refuge to development. Since assuming his position as deputy secretary, Bernhardt has described environmental review of drilling in America's largest wildlife refuge as "just nuts" and has led efforts to rush legally-required analysis of drilling in this pristine area. To this end, Bernhardt introduced a policy aimed at curtailing the National Environmental Policy Act—which dictates that all NEPA work must be completed within one year and be limited to 150 pages.
With his pro-polluter, anti-environment track record, Bernhardt is the wrong person to lead the federal department charged with natural resource conservation. We will work with our allies to continue to hold the Trump administration accountable in the courts.
EcoWatch Daily Newsletter
World Environment Day: A Time to Consider the Planet We’ll Return To, and Decide How to Care for It Going Forward
It's a different kind of World Environment Day this year. In prior years, it might have been enough to plant a tree, spend some extra time in the garden, or teach kids the importance of recycling. This year we have heavier tasks at hand. It's been months since we've been able to spend sufficient time outside, and as we lustfully watch the beauty of a new spring through our kitchen's glass windows, we have to decide how we'll interact with the natural world on our release, and how we can prevent, or be equipped to handle, future threats against our wellbeing.
Scuba divers around the world are holding their metaphorical breath to see if a coronavirus infection affects the ability to dive.
DAN medical experts explained the difference between normal lungs, on the left, and "very serious lungs caused by COVID-19," on the right. Matias Nochetto / Divers Alert Network (DAN)
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By Lindsey Schneider, Joshua Sbicca and Stephanie Malin
The SARS-CoV-2 virus is novel, but pandemic threats to indigenous peoples are anything but new. Diseases like measles, smallpox and the Spanish flu have decimated Native American communities ever since the arrival of the first European colonizers.
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History Reverberates on Native Lands<p>Native communities in North America have been disrupted and displaced for centuries. Many face long-standing food and water <a href="http://www.nativepartnership.org/site/DocServer/2017-PWNA-NPRA-Food-Insecurity-Project-Grow.pdf?docID=7106" target="_blank">inequities</a> that are further complicated by this pandemic.</p><p>On the Navajo reservation, which covers more than 27,000 square miles in Arizona, Utah and New Mexico, 76% of households already <a href="https://www.researchgate.net/publication/235390130_High_levels_of_household_food_insecurity_on_the_Navajo_Nation" target="_blank">have trouble affording enough healthy food</a>, and the nearest grocery store is often hours away. COVID-related restrictions have further curtailed access to food supplies.</p><p>Clean water for basic sanitary measures like hand-washing is also scarce. Native Americans are <a href="http://uswateralliance.org/sites/uswateralliance.org/files/Closing%20the%20Water%20Access%20Gap%20in%20the%20United%20States_DIGITAL.pdf" target="_blank">19 times more likely</a> to lack indoor plumbing than whites in the U.S. Nearly one-third of Navajo households <a href="https://www.nbcnews.com/news/us-news/coronavirus-hits-indian-country-hard-exposing-infrastructure-disparities-n1186976" target="_blank">lack access to running water</a>.</p><p>Many <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6915e3.htm" target="_blank">health issues</a> that can increase COVID-19 mortality rates occur at high levels among Native Americans. These <a href="http://www.ncai.org/news/articles/2020/03/18/the-national-congress-of-american-indians-calls-for-more-attention-to-covid-19-impacts-to-indian-country" target="_blank">underlying</a> and <a href="https://doi.org/10.1016/S0140-6736(20)30893-X" target="_blank">preexisting</a> conditions – things like hypertension, diabetes, obesity and cardiovascular disease – are <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6913e2.htm" target="_blank">linked to diet</a> and stem from <a href="https://www.oupress.com/books/15107980/indigenous-food-sovereignty-in-the-united-sta" target="_blank">disruption and replacement</a> of Indigenous food systems.</p>
High Exposure Rates<p>These factors have clear health impacts. On the Navajo reservation, for instance, through May 27, 2020, <a href="https://www.navajo-nsn.gov/News%20Releases/OPVP/2020/May/FOR%20IMMEDIATE%20RELEASE%20-%201620%20recoveries_102%20new%20cases%20of%20COVID-19_and%20one%20more%20death%20reported.pdf" target="_blank">4,944 people</a> out of a population of 173,000 had tested positive for COVID-19, and 159 had died.</p><p>This infection rate per capita exceeds those in hot spots such as <a href="https://www.forbes.com/sites/alexandrasternlicht/2020/05/19/navajo-nation-has-most-coronavirus-infections-per-capita-in-us-beating-new-york-new-jersey/#11a4fac08b10" target="_blank">New York and New Jersey</a>. Importantly, however, it may also reflect a much <a href="https://www.sltrib.com/news/2020/04/19/navajo-nation-has-higher/" target="_blank">more proactive approach to testing</a> on reservations than in many other jurisdictions.</p><p>The fact that elderly people are especially vulnerable to COVID-19 could worsen the pandemic's effects in Indian Country. Elders are the <a href="https://ais.washington.edu/research/publications/spirits-our-whaling-ancestors" target="_blank">keepers of traditional knowledge, tribal languages and culture</a> – legacies whose loss already threatens the persistence of indigenous communities.</p><p>Elders also play key roles in preserving traditional plant and medicine knowledge. In the absence of COVID-19 interventions from Western medicine, many elders have been called on to perform healing practices, which increases their exposure risk.</p>
Little Help From Federal and State Governments<p>Many tribal members rely on the federal government's <a href="https://www.ihs.gov/" target="_blank">Indian Health Service</a> for health care. But <a href="https://theconversation.com/tribal-leaders-face-great-need-and-dont-have-enough-resources-to-respond-to-the-coronavirus-pandemic-134372" target="_blank">lack of capacity</a> at the agency has hampered its response. Budget shortfalls, <a href="https://indiancountrytoday.com/news/report-grossly-inaccurate-data-used-to-divvy-up-relief-funds-for-tribes-9qkkHmeXj0uhRC42mXYqCA" target="_blank">inaccurate data</a>, the challenges of providing <a href="https://indiancountrytoday.com/news/coronavirus-risk-is-compounded-by-the-rural-DC-rMTUzzE6WDGee8jbENQ" target="_blank">rural health care</a> and ongoing personnel shortages in IHS clinics are compounded by staff being <a href="https://navajotimes.com/reznews/dikos-ntsaaigii-doodaa-nation-musters-defense-against-covid-19/" target="_blank">pulled away</a> to fight the virus in large cities.</p><p>And while many states have raised frustrations with the Trump administration's unwillingness to distribute protective supplies from the <a href="https://www.vox.com/recode/2020/4/3/21206170/us-emergency-stockpile-jared-kushner-almost-empty-coronavirus-medical-supplies-ventilators" target="_blank">dwindling national stockpile</a>, IHS and tribal health care authorities <a href="https://www.azpm.org/p/home-articles-news/2020/3/17/167874-bill-calls-for-more-tribal-community-access-to-federal-stockpile-of-medical-supplies/" target="_blank">never had access</a> to the stockpile at all.</p><p>Although the federal government has begun <a href="https://www.hhs.gov/about/news/2020/05/22/hhs-announces-500-million-distribution-to-tribal-hospitals-clinics-and-urban-health-centers.html" target="_blank">distributing relief funds</a> to IHS agencies, there have been serious problems with the accompanying supplies. The Navajo Nation has received <a href="https://www.indianz.com/News/2020/05/22/propublica-former-trump-aide-provided-fa.asp" target="_blank">faulty masks</a>, and a Seattle Native health center asked for tests but <a href="https://www.nbcnews.com/news/us-news/native-american-health-center-asked-covid-19-supplies-they-got-n1200246" target="_blank">received body bags instead</a>.</p><p>Meanwhile, federally imposed limits on tribal sovereignty have obstructed tribal governments' efforts to deal with the pandemic themselves. Federal and state governments are <a href="https://www.seattletimes.com/seattle-news/makah-tribe-fights-coronavirus-with-self-reliance-and-extreme-isolation/" target="_blank">challenging tribes' jurisdictional authority</a> to <a href="https://www.azfamily.com/news/mayor-of-page-accused-of-racist-social-media-comment-toward-navajo-nation-president/article_e2e6efd6-8db4-11ea-a8a2-7f6976d702f6.html" target="_blank">close borders to tourists</a> who may carry the virus. South Dakota's governor has <a href="https://www.theguardian.com/us-news/2020/may/14/sioux-coronavirus-roadblocks-south-dakota-governor" target="_blank">threatened legal action</a> against two tribes who set up checkpoints to monitor incoming traffic on their reservations.</p>
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Environmental Injustices on Native Land<p>Energy development and resource extraction have had <a href="https://www.haymarketbooks.org/books/898-all-our-relations" target="_blank">disproportionate impacts</a> on tribes for many years. Today, many Native American leaders worry that ongoing energy production – <a href="https://www.ncsl.org/research/labor-and-employment/covid-19-essential-workers-in-the-states.aspx" target="_blank">an "essential" activity under federal guidelines</a> will bring outsiders into close contact with reservation communities, worsening COVID risks.</p><p>The owners of the Keystone XL oil pipeline have announced that they intend to continue construction, which will bring an influx of workers along the proposed route through Montana, South Dakota and Nebraska. The Rosebud Sioux Tribe in South Dakota and Fort Belknap Indian community in Montana have filed for a <a href="https://www.narf.org/keystone-xl/" target="_blank">temporary restraining order</a>, and a key permit for the pipeline was <a href="https://www.democracynow.org/2020/4/16/headlines/us_judge_revokes_crucial_permit_for_keystone_xl_pipeline" target="_blank">revoked in April 2020</a>, but work continues at the U.S.-Canada border.</p><p>Construction is accelerating on the <a href="https://www.azcentral.com/story/news/politics/border-issues/2020/03/17/border-patrol-waives-laws-border-wall-construction-southern-arizona/5063618002/" target="_blank">southern border wall</a>, which bisects the <a href="http://www.tonation-nsn.gov/" target="_blank">Tohono O'odham reservation</a> in Arizona and Mexico. The Trump administration has <a href="https://www.thenation.com/article/politics/border-coronavirus-military-immigration/" target="_blank">increased patrols at the border</a>, despite the tribe's concern that the patrols' presence is <a href="https://www.usatoday.com/story/news/nation/2020/04/06/coronavirus-cbp-160-cases-covid-19-officers-agents/2958736001/" target="_blank">spreading coronavirus</a> on the reservation.</p><p>And in Bristol Bay, Alaska, a salmon fishing season that brings in thousands of temporary workers is <a href="https://indiancountrytoday.com/news/it-s-hard-when-you-love-something-xlS49l2N20KZjqumwfzZfQ" target="_blank">set to open in June</a> because the federal government has also deemed commercial fishing "<a href="https://www.cisa.gov/sites/default/files/publications/CISA-Guidance-on-Essential-Critical-Infrastructure-Workers-1-20-508c.pdf" target="_blank">essential critical infrastructure</a>." Many local Native villages depend on the fishery for income, but have nonetheless pleaded with state regulators to <a href="https://indiancountrytoday.com/news/urgent-calls-to-close-the-massive-bristol-bay-fishery-8lYsGkUeDUyCBW7FMwpSfA?fbclid=IwAR1710u4rQnriq_MgH2ueQxOFtfGiGiH8I2ZdJRCZS9f28Zl-JNkPLpnzZo" target="_blank">cancel the season</a>. The regional hospital has just four beds for possible COVID-19 patients.</p>
Bold Action in Native Communities<p>Native communities are taking decisive action to reduce the spread of COVID-19. They're imposing aggressive <a href="https://www.nytimes.com/2020/04/09/us/coronavirus-navajo-nation.html" target="_blank">quarantine</a> measures like lockdowns, curfews and border closures. Communities are <a href="https://www.theguardian.com/us-news/2020/mar/18/covidcoronavirus-native-american-lummi-nation-trailblazing-steps" target="_blank">ramping up health care capacity</a> and elder support services, and banishing nontribal members who <a href="https://rapidcityjournal.com/news/local/oglala-sioux-council-banishes-non-member-with-covid-19-from-reservation/article_60b665c3-9d1b-5d48-a576-51774e4fb41a.html" target="_blank">violate travel restrictions</a>.</p><p>Other strategies include helping hunters <a href="https://indiancountrytoday.com/news/ammo-fuel-for-hunters-to-feed-others-Ki3zK6du-ky-UogoB9-aNQ" target="_blank">provide traditional foods</a> to their communities, <a href="https://ndncollective.org/indigenizing-and-decolonizing-community-care-in-response-to-covid-19/" target="_blank">mobilizing to support tribal health care workers</a>, and <a href="https://www.ehn.org/coronavirus-native-americans-2645923635.html" target="_blank">linking the pandemic and the climate crisis</a>. Looking ahead to a post-COVID future, we believe one priority should be attending to <a href="http://www.beacon.org/As-Long-as-Grass-Grows-P1445.aspx" target="_blank">front-line environmental justice struggles</a> that center tribes' sovereignty to act on their own behalf at all times, not just during national crises.</p>
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By Kaya Bulbul
The ocean is our lifeline - we rely on it for the food we eat, the air we breathe, as well as for millions for jobs worldwide.
As we continue to grapple with the issues of overfishing, plastic pollution, and climate change, there exists an opportunity to address these existential threats with new innovations, many of which unidentified or insufficiently supported.
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