Category: environment

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    The air was packed with savory and sweet aromas when I walked into my colleague’s Brooklyn apartment for dinner. The sizzle and pop of rice and green beans cooking on the gas stove blended with soft jazz coming from the TV. Candle flames danced and flickered.

    But we weren’t gathering just to enjoy a late-summer meal. We were trying to expose an uninvited yet ever-present guest — formaldehyde.

    The invisible chemical can be harmless in small amounts, but in larger concentrations, it can cause headaches, dizziness, respiratory illness and asthma. It is also responsible for more cancer than any other toxic air pollutant.

    Because of its importance to many industries, formaldehyde has proven difficult to regulate. This year, President Joe Biden’s administration finally appeared to make some progress, though it was modest. If the past is any guide, however, even those limited efforts are likely to hit a dead end after Donald Trump is inaugurated. Knowing our risks is essential to protecting ourselves, experts say. Last week, ProPublica published a tool to show how much formaldehyde is in the outside air.

    But our biggest exposure happens indoors, so my colleagues and I set out to do our own testing.

    We read thousands of pages of scientific studies and Environmental Protection Agency documents on the dangers of formaldehyde, and we learned the toxic chemical is nearly impossible to escape. Formaldehyde is in furniture and flooring. It is in the adhesives used in wallpaper and carpets. It’s given off by candles, fireplaces and gas stoves. And it’s in hair products and cosmetics.

    EPA scientists recently examined how low formaldehyde levels should be to ensure the chemical doesn’t trigger an allergic reaction, breathing problems or asthma symptoms, and the concentrations found inside the average home were far above that. Over a lifetime of exposure to the formaldehyde in an average home, a person’s risk of developing cancer is more than 250 times the risk level that the Clean Air Act sets as a goal. Even that number vastly underestimates the risk from cancer because the EPA did not factor in the chance of developing myeloid leukemia, the most common cancer caused by the chemical.

    “It is everywhere, it is in everything,” University of California, Los Angeles researcher Nicholas Shapiro told me. Shapiro, who has spent years studying formaldehyde exposure, is working on a book, “Homesick,” that explores how formaldehyde, among other toxic chemicals in our homes, poses a danger to our health. “It is holding together our built environment and also chemically corroding us at the same time. It’s part of the fundamental paradox of the world that we’ve built, where this chemical is holding together our homes. We have built our society around it.”

    My colleague Sharon Lerner and I traveled around New York City and New Jersey for weeks with equipment to measure the chemical’s presence.

    The results proved concerning.

    Out on the Town

    Reporter Sharon Lerner fits a backpack with a pump that will allow for testing airborne formaldehyde levels before she heads outside. (Topher Sanders/ProPublica)

    Sharon and I took a moment to wipe the July sweat from our brows as we got our testing equipment ready in a sprawling shopping center in Brooklyn. I placed a pump about the size of a large tape measure into Sharon’s backpack. The pump pulled in air through a two-foot rubber hose that extended out of the backpack’s main compartment.

    I turned on the pump, which made a soft pneumatic sound. We were ready to ride the escalator up to an Ashley Furniture showroom in the Industry City mall.

    “Can I help you guys find something?” a friendly salesperson asked.

    “We’re just looking, thanks,” I replied.

    We hoped the hose sticking out of Sharon’s backpack and the sound of the pump wouldn’t lead to more questions. For the next 20 minutes, we perused the showroom, opening cabinets, dressers and nightstands.

    The store offers a wide range of budget furniture that can be made with foams, adhesives and wood composites that contain formaldehyde. These products go through a process called off-gassing, where chemicals they contain are released into the air over time. New furniture right out of the box has been shown to off-gas more than pieces that have been sitting out of their packaging for a while.

    [Formaldehyde] is holding together our built environment and also chemically corroding us at the same time. It’s part of the fundamental paradox of the world that we’ve built, where this chemical is holding together our homes. We have built our society around it.”

    —Nicholas Shapiro, a researcher at University of California, Los Angeles

    Inside Ashley, it was hard to ignore the pungent fresh-furniture scent that wafted out of an opened cabinet or dresser. Sure, the furniture smelled, but we had no idea how much, if any, formaldehyde was present. The pump in Sharon’s backpack was collecting the air and any formaldehyde into a glass tube. As soon as we walked out, we placed the tube in a small cooler so we could send it to a lab for testing later.

    We had other ideas about where to test. Sharon and another ProPublica colleague found a nail salon near New York City’s famed Canal Street. Some nail hardeners and polishes contain formaldehyde that may be listed on the product label as formalin or methylene glycol, according to the Food and Drug Administration. Also some nail polishes contain a toluenesulfonamide-formaldehyde resin that’s used to make the polish more resilient and adhere better to fingernails.

    Standing on the busy sidewalk outside the salon with tourists buzzing by, I helped prepare the testing equipment. Once Sharon was inside, an employee soaked her hands and nails, then slathered them with goos, gels and paints. The air was acrid. The employee wore a disposable face mask, but other workers were unmasked as they clipped, sanded and shellacked customers’ nails.

    A week or so later, I visited a Raymour & Flanigan furniture store in northern New Jersey. The sales folks didn’t pay much attention to me, so I didn’t have to worry about having an awkward conversation about the sound of the pump in my backpack. I walked around for more than 20 minutes, opening nightstand and dresser drawer.

    Sharon and I stopped by a mall store that sells luxury soaps and lotions. We visited a cosmetics shop, a carpet store and a candle specialist. We packed up the air samples we collected and sent them to a certified industrial hygiene lab in Syracuse, New York, and waited.

    The air pump in Sharon’s backpack collects a sample as she browses a New Jersey carpet store. (Topher Sanders/ProPublica)

    The EPA has determined that continuous daily exposure to concentrations of formaldehyde above 7 micrograms per cubic meter of air may cause decreased lung function, trigger allergic reactions and worsen asthma symptoms. Children and older people with asthma can be especially sensitive. It can be hard for doctors to identify formaldehyde as the reason for these kinds of reactions because it doesn’t linger in our bodies and there isn’t a medical or laboratory test that can accurately measure the amount of formaldehyde you may have been exposed to.

    The chemical’s impact on our bodies can intensify dramatically the longer we are exposed. For instance, the EPA found that exposure to any amount of formaldehyde above a tiny concentration (0.09 micrograms per cubic meter) elevates people’s lifetime cancer risk beyond the goal the agency set. If the agency included the risk of developing myeloid leukemia in that calculation, that tiny concentration would be even smaller (0.023 micrograms).

    When the lab emailed me the results, it revealed that our air sample from Ashley contained the highest levels of formaldehyde in our testing — 13 times the amount the EPA says is low enough to prevent issues like asthma, decreased lung function and respiratory irritation. Other results were also concerning. The nail salon had a concentration more than 6 times the level the EPA says would prevent breathing problems. Raymour & Flanigan’s concentration was more than 7 times the safe level. Federal regulators have set limits on how much formaldehyde some composite woods can release. But those limits are still well above the level EPA scientists established to prevent allergic reactions and other health problems.

    A person’s risk depends not just on the chemical’s concentration but on how long they’re exposed. At the places we went, Sharon and I had been exposed to those concentrations for a matter of minutes, but the stores’ employees spend hours every workday breathing in the chemical.

    In response to questions from ProPublica, Ashley Furniture spokespeople said the company follows all laws and regulations for furniture manufacturing.

    “Given the many factors that contribute to air quality and the presence of formaldehyde, it would be impossible to say whether the furniture located in the store you visited contributed to your findings,” one wrote to ProPublica. The company also claimed that a 2011 survey of New York City found concentrations of formaldehyde in the surrounding neighborhood that were even higher than we had found in the store. But the survey actually found formaldehyde levels of only 1.5 micrograms per cubic meter in the area, a tiny fraction of the 91 micrograms ProPublica found in the furniture store.

    Formaldehyde doesn’t linger in our bodies and there isn’t a medical or laboratory test that can accurately measure the amount you may have been exposed to.

    Raymour & Flanigan did not respond to questions.

    One of the more disturbing results was from the dinner party at the Brooklyn apartment of my ProPublica colleague. The lab tests showed the concentration of formaldehyde was nearly 12 times the level the EPA set to protect against breathing problems and other health issues. Formaldehyde is a byproduct of combustion, and we suspected that the gas stove and candles were largely to blame for the high levels of the chemical that evening.

    Like anyone, I couldn’t help but wonder how much formaldehyde might be present in my own home.

    Inside the House

    About two months before we started the testing, my wife and I purchased a kid-sized work desk for our 10-year-old daughter’s bedroom to give her a place to do homework, create art and make those annoyingly messy Rainbow Loom bracelets.

    When I opened the box for the desk, I was hit with the familiar smell of budget furniture. I had no idea I was inhaling a chemical mixture that may have included formaldehyde.

    It took me longer than it should have to assemble the desk, but when I finished I got a huge hug from my daughter. She loves it.

    Now I was curious about how much, if any, formaldehyde was lingering in her room, which she shares with her 5-year-old sister.

    According to the Department of Housing and Urban Development’s American Healthy Homes Survey, the average level of formaldehyde inside an American home is 23.2 micrograms for every cubic meter of air. The survey found that about 10% of homes have levels above 41 micrograms, which is almost 6 times the concentration the EPA set to protect against respiratory problems.

    Americans spend most of their time inside, and for decades we’ve worked hard to engineer ways to insulate and seal off our homes from the outdoor heat and cold. But that insulation works to trap formaldehyde in our homes, and older insulation might itself contain the chemical.

    I placed a formaldehyde testing badge in my daughters’ room. The badges don’t draw air into them like the pump Sharon and I used at Ashley Furniture. They are intended to be worn by a worker or to rest in an area so that they collect samples from the air that simply passes by them. I put another badge in our kitchen, where we have a gas stove.

    The lab results showed that my daughters’ room contained formaldehyde at 19 micrograms per cubic meter, one of our lower results, but still nearly 3 times the threshold the EPA set to prevent respiratory problems. I couldn’t help but wonder what the measurements would have been had we tested the room right after I assembled her cute new desk, instead of months afterwards. Our home’s kitchen recorded a level of 25 micrograms per cubic meter, also well above the EPA’s threshold.

    Our testing hardly meets the rigor of scientific research. But plenty of scholarly studies have confirmed formaldehyde’s presence in our everyday lives and mirror our findings. Researchers have found unhealthy concentrations of the chemical in child care centers, funeral homes and even bakeries. A 2016 study in Atlanta found portable and traditional classrooms had levels more than 3 times the EPA’s target. And research dating back decades has frequently found high concentrations in people’s homes, with sources including wooden toys, baby cribs, arts and crafts supplies, and air fresheners.

    ProPublica reporter Topher Sanders wears a backpack fitted with a formaldehyde monitor through a retail store. Reporters also placed formaldehyde testing badges in cars and in Topher’s daughter’s bedroom. (First image: Topher Sanders/ProPublica; second image: Sharon Lerner/ProPublica; third image: Topher Sanders/ProPublica)

    Two flashpoints over the last 20 years have generated intense scrutiny of the dangers of formaldehyde. In the first, researchers found in 2007 that Federal Emergency Management Agency trailers that served as emergency shelters for many displaced by hurricanes Katrina and Rita reeked of formaldehyde. Some of the trailers in Mississippi and Louisiana had as much as 635 micrograms per cubic meter — more than 5 times the amount of formaldehyde we found in the Ashley Furniture store. Residents complained of breathing problems, nosebleeds and headaches.

    One of the more disturbing results was from the dinner party at the Brooklyn apartment of my ProPublica colleague. The lab tests showed the concentration of formaldehyde was nearly 12 times the level the EPA set to protect against breathing problems and other health issues.

    The second flashpoint came in 2015 when a “60 Minutes” investigation revealed that laminated flooring products from the popular company Lumber Liquidators were off-gassing significant concentrations of formaldehyde. Those revelations led to years of lawsuits, new EPA rules and a $33 million criminal penalty assessed by the Department of Justice after the company lied to investors in official fillings about there being formaldehyde in its products.

    Other studies have confirmed that the poor are disproportionately exposed to high concentrations of the chemical. Shapiro, the UCLA researcher, spent two years talking to more than 200 people who were connected to or lived in FEMA trailers. He said the well-to-do can afford to live in homes with enough ventilation, space and technology to reduce their exposure to formaldehyde.

    The chemical’s presence in our lives and the way it is regulated, he said, ensures it “is going to continue to disproportionately make lower-income people sick.”

    So sure, formaldehyde is in our homes. But when you walk out the door and drive away, you get a reprieve, right? Unfortunately, I learned through this reporting that no, you might not. When you get in your car, formaldehyde may be along for the ride.

    On a Drive

    In cars, formaldehyde adhesives can be found in the dashboards, seat coverings, flooring materials, carpeting, door trim, window sealant and armrests. And just like furniture, the highest levels of formaldehyde are found when cars are fresh off the assembly line.

    Last year, the European Union set limits on the amount of formaldehyde new cars and other consumer products are allowed to release. New vehicles must not emit more than 62 micrograms per cubic meter, a level that’s 8 times the concentration the EPA says is safe to avoid breathing problems and other harmful effects. In coming up with the standard, the European Commission said it tried to protect the public’s health while also “limiting the socio-economic burden and need for technological changes for a wide range of industries and sectors.” The U.S. has no limit for new cars.

    Sharon and I took our testing equipment on the road. The employees at a Tesla dealership we visited in north New Jersey were kind and welcoming. They let us take the Model S for a 30-minute test drive. We played around with the car’s gadgets while running the air conditioning and letting our formaldehyde pump collect samples.

    The vehicle was one of five we test drove. None would have violated the EU limit, but all of them registered formaldehyde readings above the EPA’s threshold for preventing respiratory problems.

    The Tesla had the most formaldehyde, at 38 micrograms per cubic meter — 5 times the level EPA’s scientists set to avoid causing respiratory problems. A Honda Odyssey, one of the bestselling minivans in the country, had 34 micrograms. A Toyota Corolla, the popular compact sedan known for its reliability, contained 29 micrograms.

    A spokesperson for Honda said the company is an industry leader in reducing volatile organic compounds like formaldehyde inside car cabins.

    The Odyssey is “compliant with all applicable international regulatory values for vehicle interior VOC’s,” the spokesperson wrote, referring to volatile organic compounds.

    Tesla and Toyota did not respond to ProPublica’s questions.

    Even older cars can still emit formaldehyde. My family’s 4-year-old sedan registered 39 micrograms per cubic meter on a sunny July day that reached 93 degrees. That’s higher than any of the new cars we tested.

    We were able to get results from 19 places where we tested the air. In all of them, formaldehyde concentrations were higher than the level the EPA set to protect people from experiencing asthma symptoms, allergic reactions and other breathing problems. Those venues included a high-end store selling personal care products, a well-known candle shop and a big-box building supplies retailer.

    Karen Dannemiller, an environmental health scientist and associate professor at Ohio State University, studies the effects of chemicals on the indoor environment. She has also researched how smartphones could be used to help measure indoor formaldehyde levels. She said learning about the impact and prevalence of formaldehyde can be eye-opening.

    “I think it can be overwhelming to hear all this information because obviously we all want to protect our families,” she said. The most important thing, Dannemiller said, is to consider how our purchases and choices impact our homes “and just do the best that we can to improve the health of our indoor spaces.”

    This post was originally published on ProPublica.

  • The Cook Islands has used its first-ever appearance at the International Court of Justice (ICJ) to advocate for the “decolonisation” of international law.

    While making an oral statement for an advisory opinion on the obligations of states regarding climate change, Auckland University senior lecturer Fuimaono Dr Dylan Asafo placed the blame on “our international legal system” for “the climate crisis we face today”.

    He said major greenhouse gas emitters have relied “on these systems, and the institutions and fora they contain, like the annual COPs (Conference of Parties)” for many decades “to expand fossil fuel industries, increase their emissions and evade responsibility for the significant harms their emissions have caused.”

    “In doing so, they have been able to maintain and grow the broader systems of domination that drive the climate crisis today — including imperialism, colonialism, racial capitalism, heteropatriarchy and ableism.”

    Fuimaono called on nations to “dismantle these systems and imagine and build new ones capable of allowing everyone to live lives of joy and dignity, so that they are able to determine their own futures and destinies.”

    He said the UN General Assembly’s request for an advisory opinion offers the ICJ “the most precious opportunity to interpret and advise on existing international law in its best possible light in order to empower all states and peoples to work together to decolonise international law and build a more equitable and just world for us all.”

    The Cook Islands joined more than 100 other states and international organisations participating in the written and oral proceedings — the largest number of participants ever for an ICJ proceeding.

    Fuimaono said the Cook Islands believes states should owe reparations to climate vulnerable countries if they fail to meet their adaptation and mitigation obligations, and the adverse effects to climate change lead to displacement, migration, and relocation.

    The island nation’s delegation was led by its Foreign Affairs and Immigration director of the treaties, multilaterals and oceans division Sandrina Thondoo; foreign service officer Peka Fisher; and Fuimaono as external counsel.

    This article is republished under a community partnership agreement with RNZ.

    This post was originally published on Asia Pacific Report.

  • By Stefan Armbruster in Brisbane

    The first large-scale environmental impact assessment of Rio Tinto’s abandoned Panguna mine in Papua New Guinea has found local communities face life-threatening risks from its legacy.

    The independent study was initiated after frustrated landowners in PNG’s Autonomous Region of Bougainville took their longstanding grievances against Rio Tinto to the Australian government in 2020.

    British-Australian Rio Tinto has accepted the findings of the report released on Friday but has not responded to calls by landowners and affected communities to fund the clean-up.

    Rio Tinto abandoned one of the world’s largest gold and copper mines in 1989 when a long-running dispute with landowners over the inequitable distribution of the royalties turned into an armed conflict.

    The Panguna Mine Legacy Impact Assessment report found the mine infrastructure, pit and levee banks pose “very high risks,” while landslides and exposure to mine and industrial chemicals present “medium to high” risks to local communities.

    2 Konawiru Flooded After2.jpg
    Locals cross the tailings in the Jaba-Kawerong river system downstream from the Panguna mine. Image: PMLIA Report

    Flooding in downstream from Panguna — caused by a billion tons of mine tailings dumped into the Jaba-Kawerong river system — was reported as posing “very high” actual and potential human rights risks.

    “The most serious concern is the potential impact to the right to life from unstable structures, and landform collapses and flooding hazards,” the report concluded, with the access to healthy environment, water, food and housing also impacted.

    More than 25,000 people are estimated to live in the affected area, on the island of 300,000 in PNG’s east on the border with Solomon Islands.

    Local residents in the Panguna mine pit
    Local residents in the Panguna mine pit where the Legacy Impact Assessment identified existing and possible “high risk” threats. Image: PMLIA Report

    “Rio Tinto must take responsibility for its legacy and fund the long-term solutions we need so that we can live on our land in safety again,” Theonila Roka Matbob, lead complainant and Bougainville parliamentarian, said in a statement.

    “We never chose this mine, but we live with its consequences every day, trying to find ways to survive in the wasteland that has been left behind.”

    “What the communities are demanding to know now is what the next step is. A commitment to remediation is where the data is pointing us to, and that’s what the people are waiting for.”

    4 IMG_5979.JPG
    The Panguna mine has left local communities living with an ongoing environmental and human rights disaster. Image: PMLIA Report/BenarNews

    In August, Rio Tinto and its former subsidiary and mine operator Bougainville Copper Limited along with the Autonomous Bougainville Government signed an MoU to mitigate the risks of the ageing infrastructure in the former Panguna mine area.

    Last month the three parties struck an agreement to form a “roundtable.”

    Rio Tinto in a statement after the report’s release said the roundtable “plans to address the findings and develop a remedy mechanism consistent with the United Nations Guiding Principles on Business and Human Rights.”

    “While we continue to review the report, we recognize the gravity of the impacts identified and accept the findings,” chief executive of Rio Tinto’s Australia operations Kellie Parker said.

    Rio Tinto divested its majority stake in the mine to the PNG and ABG governments in 2016, and reportedly wrote to the ABG saying it bore no responsibility.

    Bougainville President Ishmael Toroama in welcoming the report thanked Rio Tinto “for opening up to this process and giving it genuine attention and input.”

    In a statement he said it was a “significant milestone” that would help with the “move away from the damage and turmoil of the past and strengthen our pathway towards a stronger future.”

    Bougainville voted for independence from PNG in 2019, with 97.7 per cent favoring nationhood.

    Exploitation of Panguna’s estimated U.S.$60b in ore reserves has been touted as a major future source of income to fund independence. The referendum result has yet to be ratified by PNG’s parliament.

    The first report of the Panguna Mine Legacy Impact Assessment identified what needs to be addressed or mitigated and what warrants further investigation.

    The second phase of the process will conduct more intensive studies, with a second report to make recommendations on how the “complex” impacts should be remedied.

    A 10-year civil war left up to 15,000 dead and 70,000 displaced across Bougainville as PNG forces –supplied with Australian weapons and helicopters – battled the poorly armed Bougainville Revolutionary Army.

    Panguna remained a “no-go zone” despite the Bougainville Peace Agreement in 2001, and access has still been restricted in the decades since by a road block of former BRA fighters.

    A complaint filed by the Australian-based Human Rights Law Centre on behalf of affected communities with the Australian government initiated the non-binding, international mechanism to report on “responsible business conduct.”

    5 Copper leeching from Panguna mine pit.tif
    Copper leeching from the Panguna mine pit. Image: PMLIA Report

    They alleged that Rio Tinto was responsible for “significant breaches of the OECD guidelines relating to the serious, ongoing environmental and human rights violations arising from the operation of its former Panguna mine.”

    “This landmark report validates what communities in Bougainville have been saying for decades – the Panguna mine has left them living with an ongoing environmental and human rights disaster,” HRLC legal director Keren Adams said in a statement.

    “There are strong expectations in Bougainville that Rio Tinto will now take swift action to help address the impacts and dangers communities are living with.”

    The two-year, on-site independent scientific investigation by Australian engineering services company Tetra Tech Coffey made 24 recommendations on impacts to address and what needs further investigation.

    Comprehensive field studies included soil, water and food testing, hydrology and geo-morphology analysis, and hundreds of community surveys and interviews.

    Outstanding demands from the community include that Rio Tinto publicly commit to addressing the impacts, provide a timetable, contribute to a fund for immediate and long-term remediation and rehabilitation and undertake a formal reconciliation as per Bougainville custom.

    A class action lawsuit brought by 5000 Bougainvilleans against Rio Tinto and subsidiary Bougainville Copper Limited for billions in compensation earlier this year is unrelated to the impact assessment reports. Rio Tinto has said it will strongly defend its position.

    Republished from BenarNews with permission.

    This post was originally published on Asia Pacific Report.

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    The post Of Critical Minerals and Atomic Bombs: The Conquest of the Congo appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • With less than two months until Trump begins his second term, the American Legislative Exchange Council (ALEC) is meeting in Washington, D.C., this week for its annual States and Nation Policy Summit. ALEC state politicians, corporate lobbyists, and right-wing operatives are gathering at the four-star Grand Hyatt Washington to discuss and vote on model policies and resolutions to further climate…

    Source

    This post was originally published on Latest – Truthout.

  • With less than two months until Trump begins his second term, the American Legislative Exchange Council (ALEC) is meeting in Washington, D.C., this week for its annual States and Nation Policy Summit. ALEC state politicians, corporate lobbyists, and right-wing operatives are gathering at the four-star Grand Hyatt Washington to discuss and vote on model policies and resolutions to further climate…

    Source

    This post was originally published on Latest – Truthout.

  • By Lydia Lewis, RNZ Pacific presenter/Bulletin editor

    Palau’s President Surangel Whipps Jr is inviting US President-elect Donald Trump to “visit the Pacific” to see firsthand the impacts of the climate crisis.

    Palau is set to host the largest annual Pacific leaders meeting in 2026, and the country’s leader Whipps told RNZ Pacific he would “love” Trump to be there.

    He said he might even take the American leader, who is often criticised as a climate change denier, snorkelling in Palau’s pristine waters.

    Whipps said he had seen the damage to the marine ecosystem.

    “I was out snorkelling on Sunday, and once again, it’s unfortunate, but we had another heat, very warm, warming of the oceans, so I saw a lot of bleached coral,” he said.

    “It’s sad to see that it’s happening more frequently and these are just impacts of what is happening around the world because of our addiction to fossil fuel.”

    Bleached corals in Palau.
    Bleached corals in Palau. Image: Dr Piera Biondi/Palau International Coral Reef Center/RNZ Pacific

    “I would very much like to bring [Trump] to Palau if he can. That would be a fantastic opportunity to take him snorkelling and see the impacts. See the islands that are disappearing because of sea level rise, see the taro swamps that are being invaded.”

    Americans experiencing the impacts
    Whipps said Americans were experiencing the impacts in states such as Florida and North Carolina.

    “I mean, that’s something that you need to experience. I mean, they’re experiencing [it] in Florida and North Carolina.

    “They just had major disasters recently and I think that’s the rallying call that we all need to take responsibility.”

    However, Trump is not necessarily known for his support of climate action. Instead, he has promised to “drill baby drill” to expand oil and gas production in the US.

    Palau International Coral Reef Center researcher Christina Muller-Karanasos said surveying of corals in Palau was underway after multiple reports of bleaching.

    She said the main cause of coral bleaching was climate change.

    “It’s upsetting. There were areas where there were quite a lot of bleaching.

    Most beautiful, pristine reef
    “The most beautiful and pristine reef and amount of fish and species of fish that I’ve ever seen. It’s so important for the health of the reef. The healthy reef also supports healthy fish populations, and that’s really important for Palau.”

    Bleached corals in Palau.
    Bleached corals in Palau. Image: Palau International Coral Reef Center/RNZ Pacific

    University of Hawai’i Manoa’s Dr Tarcisius Tara Kabutaulaka suspects Trump will focus on the Pacific, but for geopolitical gains.

    “It will be about the militarisation of the climate change issue that you are using climate change to build relationships so that you can ensure you do the counter China issue as well.”

    He believed Trump has made his position clear on the climate front.

    “He said, and I quote, ‘that it is one of the great scams of all time’. And so he is a climate crisis denier.”

    It is exactly the kind of comment President Whipps does not want to hear, especially from a leader of a country which Palau is close to — or from any nation.

    “We need the United States, we need China, and we need India and Russia to be the leaders to make sure that we put things on track,” he said.

    Bleached corals in Palau.
    Bleached corals in Palau. Image: Palau International Coral Reef Center/RNZ Pacific

    For the Pacific, the climate crisis is the biggest existential and security threat.

    Leaders like Whipps are considering drastic measures, including the nuclear energy option.

    “We’ve got to look at alternatives, and one of those is nuclear energy. It’s clean, it’s carbon free,” he told RNZ Pacific.

    This article is republished under a community partnership agreement with RNZ.

    This post was originally published on Asia Pacific Report.

  • Gray wolf. Photo: Jeffrey St. Clair.

    Back in 2000, I wrote a piece for California Wild about the prospects for wolf restoration in the state. At that time, there had not been any wolves reported in the Golden State in decades. Nevertheless, I felt the state could easily support a wolf population.

    In my article, I pretended that it was 2020, and I am sitting on a mountaintop in the Marble Mountains, hearing a wolf howl. It is interesting to reread the article and see that most of the predictions have been realized.

    A recent article in the Los Angles Times documents that there are now at least 70 wolves in California in nine packs. Most of the parks are located in northern California, but at least one pack is found in the southern Sierra Nevada east of Bakersfield.

    The first recorded wolf in California occurred 13 years ago when a wolf from northeastern Oregon known as OR-7 ventured into the Golden State . OR-7 went on to form a pack in southern Oregon.

    Wolf. Photo George Wuerthner

    A state conservation wolf plan suggests that California could support as many as 500 wolves north of I-80, which bisects the state from San Francisco to Lake Tahoe.I Interestingly study done by the Conservation Science Institute in the 1990s suggested thata population of 440 wolves was possible.

    MY 2000 ARTICLE FROM CALIFORNIA WILD

    Some biologists question whether early accounts of wolves in California might be skewed by the misidentification of coyotes, common throughout the state. The coyote is smaller and has a narrower build than its cousin the wolf.

    July 17, 2020. “Here I am in the Marble Mountains. Just about dusk a beautiful yellow harvest moon rose over Elk Mountain. As the moon cleared the ragged tops of the forest, I heard a wolf howl.”

    In the not too distant future, such a journal entry may be a reality, not just wishful thinking. Though wolves were extirpated from California nearly 80 years ago, the animals may soon be trotting back to the Golden State.

    The earliest historical records mention wolves throughout much of California. For instance, Pedro Fages, who traveled the Coast Ranges from San Diego north to San Francisco in 1769 recorded the occurrence of both wolves and coyotes along his route. Other sightings place wolves along the coast near San Gabriel Mission, in Humboldt County, and in the Monterey Bay area.

    The explorer and mapmaker John Fremont noted seeing wolves in the Sacramento Valley. After the gold rush of 1848, wolf sightings shifted to the Sierra Nevada and northern California. John Muir reports having seen wolves near Mount Shasta. Nevertheless, the only confirmed wolves found in the state were trapped in the 1920s. Three specimens of gray wolves are in the Museum of Vertebrate Zoology at the University of California at Berkeley. One was taken in the Providence Mountains in southern California, and the other two were caught in Modoc and Lassen counties in northern California.

    Ron Jurek, a wildlife biologist with the California Department of Fish and Game in Sacramento, has studied most of the early historical accounts related to wolves and cautions about speculating too broadly about their historical occurrence in the state. For instance, Jurek points out, many early travelers failed to distinguish between coyote and wolf sightings, collectively calling both “wolves.” Secondly, says Jurek, the only undisputed records of wolves for the state are the three museum specimens collected in the 1920s. They were all males who could have been long-distance dispersers from breeding populations elsewhere. There are, he says, no undisputed records of actual wolf breeding in the state although some historical accounts do mention the capture of pups. Despite his skepticism, Jurek acknowledges that some wolves lived in California. If they hadn’t been here, it would be a mystery since there was good wolf habitat, an abundance of prey such as elk, antelope, and deer, and well-documented wolf populations in Oregon. There is no physical boundary at the Oregon border that would have kept breeding populations out.

    However many Californian wolves there once were, none survived the eradication efforts that began with the first European settlers on the continent. Ten years after the founding of Plymouth Bay Colony in Massachusetts, a wolf bounty was enacted. Settlers were admonished to use restraint with their guns, with two exceptions. “The order of the General Court, subsequently, that whoever shall shoot off a gun on any unnecessary occasion, or at any game except at an Indian or a wolf, shall forfeit five shillings for every shot.”

    The situation didn’t change much as the new Americans moved west. The first political actions taken in Oregon Territory were the so-called wolf meetings, held in 1843 to organize a means of taxing settlers to pay for the enactment of a wolf bounty in the state.

    By the turn of the century, with strong support from the livestock industry, the extirpation of wolves became federal policy with the U.S. government paying bounties to trappers to systematically hunt down the last surviving lobos in the West. The devotion to eliminating the last wolves was almost maniacal, with trappers pursuing individual wolves for six months to a year. Even national parks were not immune from the wolf slaughter; the last wolves in Yellowstone were killed by the 1930s.

    Though many critics of wolf restoration acknowledge that wolves once lived in California, they suggest there is insufficient habitat in the state for them today. However, an ongoing study by Carlos Carroll, at the Klamath Center for Conservation Research, along with Reed Noss (Conservation Science Incorporated) and Paul Paquet (World Wildlife Fund), calls this assumption into question. Their research suggests that wolves could indeed inhabit California and adjacent areas of Oregon. Using prey (primarily deer) density, road density, and human population density as variables, Carroll and his colleagues did a preliminary analysis of northern California and southern Oregon to determine habitat suitability for wolves. They identified four areas with high-quality wolf habitat: the Modoc Plateau in northeast California, the Lost Coast!Yolla Bolly area of the northern California Coast Ranges, the southern Oregon Cascades, and the Northern Kalmiopsis/Oregon coast on the California-Oregon border. Carroll estimates that together these four areas could support at least 440 wolves. His calculations did not include elk. “When elk numbers are added in to the prey availability, we expect the number of wolves that could be supported will be higher,” he says.

    Carroll points out that these core areas tend to be about half the size of the wolf recovery areas found in Idaho and Wyoming. However, the California and Oregon areas have higher year-round prey density (it’s non-migratory, unlike most prey in the Rockies) with plenty of lower elevation winter habitat in public land ownership or private timber holdings, not ranches. So there is less potential conflict with livestock operations. Since the core areas are smaller, however, “linking these areas with corridors would be a critical factor in increasing the long-term sustainability of resident wolf populations,” says Carroll.

    Bob Ferris, a biologist with Defenders of Wildlife, agrees. “Most of the prey is going to be deer. And deer densities, at least in some parts of northern California, are very high,” Ferris says. “Since pack territory is determined somewhat by prey density and average prey size, we can expect smaller territories and smaller packs than, say, wolves feeding on moose scattered about Alaska’s relatively unproductive boreal forest areas. This will enable wolves to fit more readily into the smaller habitat patches found in California,” he predicts.

    The best potential wolf habitat in northern California is nearly uninhabited by people. Human population density in Del Norte, Siskiyou, Lassen, Humboldt, Trinity, Modoc, and other northern California counties is actually far lower than the currently occupied wolf habitat in Montana, Minnesota, Michigan, and Wisconsin–all states where wolf populations are recovering. Minnesota, for instance, has more than 2,500 wolves, far more than the 440-plus wolves Carroll and his colleagues are predicting for California.

    And wolves don’t necessarily require wilderness to survive–as long as people don’t shoot them. This past winter, a pack of wolves set up housekeeping several miles from downtown Jackson, Wyoming, creating quite a tourist spectacle. People sat inside roadside cafes sipping coffee while they watched wolves bring down elk across the road.

    There is plenty of prey and wolf-worthy habitat between northern California and wolf populations in Montana and Idaho. While there are biological reasons to believe that wolf recovery in California is feasible, “the restoration of wolves is as much a political as biological question,” says Roy Heberger, assistant field supervisor in the U.S. Fish and Wildlife Service’s (USFWS) Snake River Basin Office in Idaho. Wolf supporters like Defenders’s Ferris believe that California politics are favorable for wolf restoration. Compared to states like Wyoming and Idaho that have many anti-wolf legislators, California’s congressional delegation includes such staunch supporters of the Endangered Species Act as Senator Barbara Boxer and Congressman George Miller, who Ferris expects would look favorably upon California wolf restoration.

    Patrick Valentino, executive director of the Julian Wolf Preserve just northeast of San Diego, has already launched a public education program aimed at creating a favorable political climate for wolves–if and when they return to the state. Teaming up with Defenders of Wildlife, Valentino’s organization has a traveling wolf education booth that provides information at county fairs and other public events. According to Valentino, the overwhelming response of people to the prospect of wolf reintroduction is “very favorable.” This is not surprising in urban southern California, but some suspect the reception will be less welcoming in northern rural areas where wolves are likely to roam.

    Marcia Armstrong, executive director of the Siskiyou County Cattleman’s Association and Siskiyou County Farm Bureau in Yreka is one such rural resident. She responds indignantly to the suggestion that wolves be restored to California. “Those people who want wolves should have to live with them. Instead, they impose these animals on us people living in the rural West while they get to live in the safety of their cities. They want to make our home into an outdoor zoo to placate their suburban guilt complex over how they have destroyed the wildlife habitat where they live.”

    Rancher Shawn Curtis, director of the Modoc County Farm Bureau, has already talked with ranchers in Idaho about the impact of wolves upon their operations. One of their major concerns is compensation for livestock losses. Although Defenders of Wildlife will pay for any wolf-related livestock losses, Curtis says the system doesn’t work well on the ground. “You have to practically see a wolf attacking your animals before you can get compensation. Given the way that livestock is run in the West, it’s very difficult to find a calf that has been killed before other scavengers destroy the evidence. That’s not really acceptable from our standpoint.”

    Wolf defenders like Brooks Fahy, who runs the Predator Defense Institute in Eugene, Oregon, believe much of the conflict between livestock operators and predators is self-created. “If ranchers implemented better husbandry practices that minimized predator opportunity such as the use of guard dogs, herders, and calving barns, the losses to predators would be significantly reduced,” he said. “These kinds of things should be a standard cost of operation for them. Instead, western ranchers have externalized one of their costs on to the public by eliminating most of the large predators in the West.”

    But to Armstrong, the real reason for opposing wolf restoration is safety. “I don’t want to have to worry for my life when I take out the garbage or for the safety of my daughter who likes to jog on rural roads. You have to remember, the wolf once had a bounty on it. It’s a vicious predator. It’s not cute and cuddly,” Armstrong says. “Wolves kill animals, and we are animals. They won’t distinguish between species.”

    Ferris acknowledges that a vocal minority among rural residents will always oppose wolf restoration. He is quick, however, to cite polls in Montana, Idaho, and Wyoming, all far more rural in nature than California, that show a majority of residents support wolf restoration efforts. And another recent poll taken in Oregon this past spring came to the same conclusion: most of the state’s citizens, even in rural areas, support wolf restoration in their state. Indeed, the only group that consistently opposes wolf restoration is livestock producers.

    If Armstrong has her way, there never will be wild wolves in California. The Siskiyou County Cattleman’s Association is working on legislation that would ban any attempts to restore wolves to the state, she says.

    There are two main ways wolves could find themselves back in California, says Valentino. The first is capture and release: capturing wolves elsewhere and releasing them in California. This was the method used to bring wolves back to Idaho and Yellowstone. One advantage of reintroduction, says Valentino, is that you can “select areas with lower human conflicts than
    might otherwise occur if wolves simply come back to California on their own four feet.” Valentino strongly supports such a planned reintroduction, but he acknowledges that it is unlikely to occur any time soon.

    The second scenario is more probable; wolves from elsewhere may come to California on their own. According to Bob Ferris, more than 65 percent of Idaho’s wolves will be of dispersal age by this coming winter. “It’s almost a certainty that within a few years at least some of these wolves will find their way to Oregon, and later move into California,” he says.

    Wolf biologist, Mollie Matteson radio tracking wolves near Glacier NP, MT in the 1990s. Photo George Wuerthner.

    Wolves are long-distance migrants. Mollie Matteson, a research biologist at the University of Montana who studied them, says there are documented cases of wolves moving hundreds, even thousands of miles. One wolf captured near Montana’s Glacier National Park was later killed outside of Dawson City, British Columbia–nearly 450 miles further north. She notes that it’s only 275 miles from Idaho’s occupied wolf territory to northeast California.

    It doesn’t take a determined wolf long to cover the miles, either.

    Theoretically, a wolf could move from Idaho to California in less than a week. Heberger tells of one wolf captured in Montana. It was released more than 100 air miles away only to be rediscovered back in the original capture site less than 48 hours later.

    More likely, wolves will establish themselves in Oregon before coming to California. Such a scenario was givengreater credence last winter after a radio-collared female Idaho wolf, dubbed B-45 by the usfws, migrated across the Snake River into eastern Oregon. The discovery of a live wolf in Oregon for the first time in more than 50 years took everyone by surprise. Local · ranchers and some state officials demanded she be removed immediately, while wolf supporters found they were no longer talking about the hypothetical recovery of wolves in Oregon in the dim future.

    Despite a strong public outpouring in favor of the wolf–the USFWS got more than 500 telephone calls from supporters asking them to leave the wolf alone. and even though B-45 had no record of livestock depredation, the USFWS bowed to political pressure from wolf opponents. The wolf was captured and relocated to Idaho. Shortly after her release near Lola Pass in northern Idaho, she began trotting back to Oregon. She covered more than 110 miles as the crow flies (far more miles in the rugged terrain of central Idaho) to settle just east of the Oregon border.

    Whether she will stay in Idaho or return to Oregon is anybody’s guess, but the dispersal of B-45 . put a shot across the bow” says Heberger. “We just weren’t thinking that a wolf would be moving into Oregon or other areas so soon.” The subsequent public outpouring of support for wolves in Oregon prompted the usfws to revise its policy of automatically capturing dispersing individuals that pose no threat to livestock. If B-45 or another wolf moves into Oregon or California, it will be given full protection under the Endangered Species Act and be permitted to stay.

    There are two legal challenges on the horizon that could jeopardize wolf recovery in Oregon or California. The first is a proposal by the USFWS to change the status of all wolves in the lower 48 from Endangered to the less protective Threatened. Such a change would weaken the legal mandate for recovery outside areas with existing wolf populations.

    Whether there will be any wolves left in Idaho to recolonize Oregon or California may soon be determined by a legal suit now before a panel of judges in Colorado. The 1995 and 1996 reintroduction of wolves into Idaho and Yellowstone National Park are being challenged by the American Farm Bureau Federation on a technicality of federal environmental law. A Wyoming judge agreed with the Farm Bureau and ordered the wolves removed, but stayed the order, pending decision on an appeal presented to a higher Colorado court in August 1999.

    But even if there is a positive outcome of the appeal process, and wolf populations in the Rockies would expand, does that justify the presence of wolves in California?

    Many supporters argue that wolves are native to the state, and restoration of native species has biological and ethical value. A viable California population of wolves would help to ensure their eventual removal from the Endangered Species list. But beyond concern for the welfare of a particular species, wolves are also a potent evolutionary force. To paraphrase the California poet Robinson Jeffers, it was the fang of the wolf that whittled the fleetness of the antelope. Wolves are to wild ungulates what fire is to many California forest ecosystems–a force that needs to be restored.

    We can also expect some other potential ecological consequences. In areas where wolves have been eliminated, coyote populations have exploded. Since the density of coyotes is higher than that of wolves, this has actually increased predator problems for livestock producers. Bob Crabtree of Yellowstone Ecosystem Studies, who has studied coyotes in Yellowstone National Park both before and after the reintroduction of wolves, has found that coyote numbers dropped by half in the presence of wolves. The restoration of wolves may actually reduce predator losses for the livestock industry.

    The numbers of some species, such as fox, could rise once released from coyote predation. If wolves became widely established in California, they could help the recovery of some endangered species, such as the San Joaquin kit fox, which currently suffers high losses to coyotes.

    Though wolves occasionally prey upon domestic livestock, the losses are small. According to a recent article in the Wildlife Society Bulletin, in northwestern Montana between 1987 and 1997, the livestock industry lost 142,000 sheep and 86,000 cattle to all causes including disease, weather, and predation. Of this total, wolves took an average of only ten animals a year, while domestic dogs accounted for the deaths of more than 1,500 animals annually. Even in Minnesota, with more than 2,500 wolves, losses to predators account for typically fewer than 300 animals a year. Clearly, losses from wolves are not a threat to the viability of the state’s livestock industry.

    What about human safety? Only a handful of documented records exist of healthy wild wolves biting or threatening humans in North America. No person has been killed. Most reported “wolf attacks” are by captive dog-wolf hybrids. Indeed, one of the major ways that Heberger uses to determine whether a reported wolf sighting is valid is by the behavior of the animal.

    Heberger says wild wolves are extremely shy and almost always run away from humans. Matteson spent two full field seasons by herself among wolves and grizzlies in Montana and Canada, but only saw wolves in the wild once. “I heard wolves. I saw tracks,” she says. “But even with the advantage of the radio tracking equipment, wolves are so shy I never saw them, even though I knew they were almost always someplace close by.”

    Will wolves return to California? Most biologists who have looked into the question believe they will. When and how is another matter. But almost certainly if wolves establish themselves in Oregon, it won’t be long before their howls reverberate again through the canyons and mountains of the Golden State. Such a sound will represent a small step towards healing the
    great wounds humans have inflicted upon our native ecosystems and a clear
    signal that at least some ecological changes wrought by us are reversible.

    The post California Wolf Restoration: A Look Back, Today and the Future. appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • REVIEW: By Giff Johnson in Majuro

    As a prelude to the 40th anniversary of the evacuation of Rongelap Islanders to Mejatto Island in Kwajalein in 1985, Radio New Zealand and ABC Radio Australia have produced a six-part podcast series that details the Rongelap story — in the context of The Last Voyage of the Rainbow Warrior, the name of the series.

    It is narrated by journalist James Nokise, and includes story telling from Rongelap Islanders as well as those who know about what became the last voyage of Greenpeace’s flagship.

    It features a good deal of narrative around the late Rongelap Nitijela Member Jeton Anjain, the architect of the evacuation in 1985. For those who know the story of the 1954 Bravo hydrogen bomb test at Bikini, some of the narrative will be repetitive.

    The Last Voyage of the Rainbow Warrior podcast series logo
    The Last Voyage of the Rainbow Warrior podcast series logo. Image: ABC/RNZ

    But the podcast offers some insight that may well be unknown to many. For example, the podcast lays to rest the unfounded US government criticism at the time that Greenpeace engineered the evacuation, manipulating unsuspecting islanders to leave Rongelap.

    Through commentary of those in the room when the idea was hatched, this was Jeton’s vision and plan — the Rainbow Warrior was a vehicle that could assist in making it happen.

    The narrator describes Jeton’s ongoing disbelief over repeated US government assurances of Rongelap’s safety. Indeed, though not a focus of the RNZ/ABC podcast, it was Rongelap’s self-evacuation that forced the US Congress to fund independent radiological studies of Rongelap Atoll that showed — surprise, surprise — that living on the atoll posed health risks and led to the US Congress establishing a $45 million Rongelap Resettlement Trust Fund.

    Questions about the safety of the entirety of Rongelap Atoll linger today, bolstered by non-US government studies that have, over the past several years, pointed out a range of ongoing radiation contamination concerns.

    The RNZ/ABC podcast dives into the 1954 Bravo hydrogen bomb test fallout exposure on Rongelap, their subsequent evacuation to Kwajalein, and later to Ejit Island for three years. It details their US-sponsored return in 1957 to Rongelap, one of the most radioactive locations in the world — by US government scientists’ own admission.

    The narrative, that includes multiple interviews with people in the Marshall Islands, takes the listener through the experience Rongelap people have had since Bravo, including health problems and life in exile. It narrates possibly the first detailed piece of history about Jeton Anjain, the Rongelap leader who died of cancer in 1993, eight years after Rongelap people left their home atoll.

    The podcast takes the listener into a room in Seattle, Washington, in 1984, where Greenpeace International leader Steve Sawyer met for the first time with Jeton and heard his plea for help to relocate Rongelap people using the Rainbow Warrior. The actual move from Rongelap to Mejatto in May 1985 — described in David Robie’s 1986 book Eyes of Fire: The Last Voyage of the Rainbow Warrior — is narrated through interviews and historical research.

    Rongelap Islanders on board the Rainbow Warrior bound for Mejatto in May 1985. Image: © 1985 David Robie/Eyes Of Fire

    The final episode of the podcast is heavily focused on the final leg of the Rainbow Warrior’s Pacific tour — a voyage cut short by French secret agents who bombed the Warrior while it was tied to the wharf in Auckland harbor, killing one crew member, Fernando Pereira.

    It was Fernando’s photographs of the Rongelap evacuation that brought that chapter in the history of the Marshall Islands to life.

    The Warrior was stopping to refuel and re-provision in Auckland prior to heading to the French nuclear testing zone in Moruroa Atoll. But that plan was quite literally bombed by the French government in one of the darkest moments of Pacific colonial history.

    The six-part series is on YouTube and can be found by searching The Last Voyage of the Rainbow Warrior.

    Scientists conduct radiological surveys of nuclear test fallout
    A related story in this week’s edition of the Marshall Islands Journal.

    Columbia University scientists have conducted a series of radiological surveys of nuclear test fallout in the northern Marshall Islands over the past nearly 10 years.

    “Considerable contamination remains,” wrote scientists Hart Rapaport and Ivana Nikolić Hughes in the Scientific American in 2022. “On islands such as Bikini, the average background gamma radiation is double the maximum value stipulated by an agreement between the governments of the Marshall Islands and the US, even without taking into account other exposure pathways.

    “Our findings, based on gathered data, run contrary to the Department of Energy’s. One conclusion is clear: absent a renewed effort to clean radiation from Bikini, families forced from their homes may not be able to safely return until the radiation naturally diminishes over decades and centuries.”

    They also raised concern about the level of strontium-90 present in various islands from which they have taken soil and other samples. They point out that US government studies do not address strontium-90.

    This radionuclide “can cause leukemia and bone and bone marrow cancer and has long been a source of health concerns at nuclear disasters such as Chernobyl and Fukushima,” Rapaport and Hughes said.

    “Despite this, the US government’s published data don’t speak to the presence of this dangerous nuclear isotope.”

    Their studies have found “consistently high values” of strontium-90 in northern atolls.

    “Although detecting this radioisotope in sediment does not neatly translate into contamination in soil or food, the finding suggests the possibility of danger to ecosystems and people,” they state. “More than that, cleaning up strontium 90 and other contaminants in the Marshall Islands is possible.”

    The Columbia scientists’ recommendations for action are straightforward: “Congress should appropriate funds, and a research agency, such as the National Science Foundation, should initiate a call for proposals to fund independent research with three aims.

    “We must first further understand the current radiological conditions across the Marshall Islands; second, explore new technologies and methods already in use for future cleanup activity; and, third, train Marshallese scientists, such as those working with the nation’s National Nuclear Commission, to rebuild trust on this issue.”

    Giff Johnson is editor of the Marshall Islands Journal. His review of the Rainbow Warrior podcast series was first published by the Journal and is republished here with permission.

  • Historic mining town in the Garnet Range, 1893. Public Domain.

    The Garnet Mountains lie between the Blackfoot and Clark Fork Rivers, stretching from Bonner to east of Drummond, Montana.  They are south of the Bob Marshall and Scapegoat Wilderness areas and provide critical habitat to bull trout, grizzly bears, wolverines, and lynx, all of which are on the Endangered Species List.

    Yet, the Bureau of Land Management, under the direction of former Montanan Tracy Stone-Manning, has approved a plan to massively deforest the range under the misleading name, the Clark Fork Face Forest Health and Fuels Reduction Project.

    The plan authorizes logging, burning, and thinning across 16,689 acres of BLM-managed lands over a 10-15 year period — more than 70% of the agency’s holdings in the Garnet Mountain Range.  Nearly 13 square miles (8,283 acres) are slated for commercial logging to produce four million board feet of timber a year.  Another 4,600 acres are slated to be burned, and mixed logging, thinning and burning are planned on another 2,146 acres.

    Such massive deforestation, burning, and bulldozing a spider web of hauling roads will effectively sever the vital connectivity corridors for wildlife – and especially grizzly bears — between the Northern Continental Divide, Greater Yellowstone and Bitterroot ecosystems while contributing new sedimentation to the bull trout spawning tributaries.

    NATURALLY THICK FORESTS

    Although the BLM claims the forests are “overgrown” and have to be logged to return to “health,” the historic picture taken at the old mining town of Garnet in 1898 shows the native forests were naturally thick, disproving the claims by both the Forest Service and the BLM that forests in the Intermountain West were all open and uniformly park-like.

    Given the picture was taken seven years before the Forest Service was even founded, it likewise disproves the agency’s claim that our forests have to be logged, burned and thinned because they are unnaturally thick due to fire suppression. This has been proven false by fire scientists like William Baker et al. 2024 but the agencies aren’t letting science get in the way of clearcutting lynx critical habitat.

    Endangered Species Act

    Under the Endangered Species Act, we are required to give the government 60 days-notice in which to fix their legal violations and have notified the agencies since we intend to add the Endangered Species Act violations to our lawsuit.

    Although the Endangered Species Act requires agencies to recover species and the ecosystems upon which they depend so they can eventually be removed from the Endangered Species list.

    The BLM is doing the opposite by refusing to consider the logging project’s cumulative threats, road-related disturbances, and the best-available science. Not only did the BLM fail to acknowledge that many of the “roads” it will use as haul roads are overgrown with trees, it failed to note the project violates the agency’s own wildlife protection standards in its Resource Management Plan.

    CLIMATE CHANGE

    The BLM failed to take a hard look at the impact of its clearcutting plan on climate change, which is strange since it’s well understood that forests, especially mature and old growth forests, are one of the planet’s most efficient means of absorbing carbon from the atmosphere — and they do for free. When the world is getting hotter every year, it makes no sense to log mature and old growth forests.

    Conclusion

    Taken together, there are so many problems and illegalities with this project that the Alliance for the Wild Rockies, Center for Biological Diversity, Yellowstone to Uintas Connection, Council on Wildlife and Fish, and Native Ecosystems Council  sued the BLM to stop this incredibly destructive project and protect critical habitat for native species in the Garnet Mountains.

    \

    The post Alliance for the Wild Rockies Challenges BLM Plan to Gut the Garnet Mountain Range appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • Getty Images and Unsplash+.

    Give him credit. As a start, for that first surprise victory in 2016.

    No, I didn’t fully get it at the time, but I kind of get it now (since, like the rest of us, I’ve lived through it all, including his close loss in 2020). Still, twiceHimconvicted felon, no less! And yes, I do think italics are all too appropriate under the circumstances.

    Two times as the president of these increasingly disunited states of America? Holy cowpie!

    Perspecting (No, That’s Not a Typo) Donald Trump

    This country actually did it — elected him (again!) — and so we deserve whatever we get, at least a little less than 50% of us do: Fox News… oops, sorry, Pete Hegseth to run the largest, best-funded, and least adept military on planet Earth? Robert Kennedy, Jr., to keep our health in check(mate?) or do I mean checkerboard red shape? Tulsi Gabbard overseeing what still passes for American “intelligence,” though in some sense it couldn’t have been dumber for endless years? Or Chris Wright, who denies that there’s any kind of a climate crisis on Planet Earth, to lead — yes, of course! — the Department of Energy. And that’s just to start down an endlessly expanding, mind-blowingly unnerving list.

    Yikes! You really couldn’t make this stuff up, could you? And I haven’t even mentioned Kristi Noem as secretary of Homeland Security. Nor did I have time to put in Matt Gaetz at the Department of (In)Justice before he went down in an instant cloud of smoke and scandal. (The question is: Before we’re done with the madness of it all, will everything be, in some fashion, enveloped in that same cloudy firmament?)

    I suppose there’s no reason to be shocked, not really. After all, it’s a matter of history. Sooner or later, all great imperial powers go down the tubes — or do I mean the drain? — in some fashion, even if Donald Trump, the second time around, gives tubes and drains a new meaning. Just ask any of the emperors of imperial China or Winston Churchill or, for that matter, Mikhail Gorbachev about imperial decline. But to have almost 50% of the population vote to send this country directly (no stops along the way) whooshing down those tubes into the basement of history, well, that’s no small thing, is it? Or maybe, on a planet already going to hell in a climate-changed handbasket, it actually is a small thing. (And, yes, I just can’t seem to help myself when it comes to italics and him, though he’s all too literally not a small thing, not The Donald!)

    Who knows anymore? Who can make any real sense out of it when you’re not comfortably outside looking in, or in the present peering into the long-gone past, but right here, right now (and nowhere else), distinctly experiencing everything from the inside out — or do I mean, the outside in or even the inside in? That, in truth, may be the lesson Donald Trump(ed us all) has to offer when it comes to our ever stranger world. And perspective isn’t exactly available to us, is it? After all, when The Donald fills the screen 24/7, how can anyone perspect — if you don’t mind my making up a word to fit our ever-stranger world — anything?

    And yet, let’s face it, if you try to take a step or two back, even if it’s into the deep doo-doo of the rest of this planet of ours — check out Benjamin Netanyahu’s nightmarish version of Israel, for instance — Donald Trump isn’t just a strange (all-)American happenstance. Under the circumstances, however happenstantial, of a country in which there was already an increasingly greater (and still growing) space between the wildly wealthy (especially the rising number of all-American billionaires who have more money than half of the rest of the population combined) and the ever more pressed working and middle classes, what populace, already distinctly in trouble (or he never would have made a political appearance in the first place), wouldn’t have elected a “businessman” (and I’m only being socially truthful by putting that word in quotes) who claimed to be all in for them on his third presidential run (though, of course, you won’t actually see 78-year-old Donald Trump, the man who reputedly once urged soldiers on our southern border to shoot migrants in the legs, running anywhere). Whew, that was one long sentence! And no wonder, since he’s distinctly wound us up in an endlessly convoluted world.

    And this time around, the richest man on Planet Earth, Elon Musk, was ready to pay out millions of promotional dollars to potential voters to increase Trump’s vote totals in swing states — and don’t for a second think that was bribery! After all, in a country where keeping yourself afloat amid still rising prices is no small trick, why wouldn’t you find appealing a man who swore he spoke for you and whose claim to fame, in a sense, was his remarkable ability to keep himself (and no one else) on the (more or less) flat and level, or even the uphill incline, as he sent his own businesses distinctly downstream into failed or bankrupt states? Whew, again!

    And don’t be surprised, given his record, if, in his second term in office, he sends this country into his own version of, if not bankruptcy, at least ruptcy. After all, Donald Trump is — if you don’t mind my inventing another word — a distinctly remarkable (or do I mean smashing?) rupturist. His story (or do I mean history?) — since Kamala Harris lost, it certainly isn’t herstory — suggests that he’s likely to repeat his business “success” with this whole country the second time around, keeping himself on the flat and level or even the uphill incline as so much around him goes down, down, down. And don’t be surprised if he somehow manages to outlast that disaster, too. (Or do I mean two?) Oh, and since he’s already quipping about a third term in office, however jokingly — no joke there for the rest of us, of course — you should feel distinctly nervous (if, that is, the fate of this country means anything to you).

    You can undoubtedly understand his position when it comes to a third possible round in the Oval Office, right? I mean, to hell with that old amendment! (“No person shall be elected to the office of the President more than twice.”) If it were of any importance, it would obviously be the first, second, or third amendment, not the 22nd one, right?

    The Dis-United States of Trumperica

    Of course, none of this should truly surprise us. After all, historically speaking — and no, I don’t mean his story here, I mean the long, long story of humanity on this planet — great powers never seem to end up in particularly great shape toward the end of their ride. (And what a ride it’s been lately! Just ask… well, yes, Donald J. Trump!) As I like to remind TomDispatch readers, the country whose officials, after the collapse of the Soviet Union in 1991, touted it as the last superpower (or perhaps that should be in caps, The Last Superpower, or maybe even THE LAST SUPERPOWER) on Planet Earth, now seems to be in the process of transforming itself into the last super-basket-case on a planet that itself is becoming a basket case and heading downhill all too rapidly.

    And I write that as someone living in a city — New York — that until recently was in the midst of a historic drought, the worst since records began to be kept here in 1869, in a state in drought in a region in drought. My city, in other words, was anything but alone in a country 40% of which recently was considered to be experiencing drought conditions. Even New York City’s parks were burning — more than 230 brushfires in just two recent weeks — and smoke was regularly been in the air here. All of this on a planet where weather extremes — from devastating heat waves to devastating floods to devastating storms — are distinctly on the rise. It’s in that context, of course, that Donald Trump, the proud “drill, baby, drill” guy, who has long insisted that climate change is a “hoax,” plans to do anything he can to promote fossil fuels in the coming years. He’s also intent on reversing the Inflation Reduction Act of the Biden years, which has been “providing hundreds of millions of dollars in subsidies and tax breaks for clean energy” in a country that, in 2023, set a global record for the production of oil.

    In short, Donald Trump’s second (and third?) term(s) is (are) guaranteed to turn much in this country (though not its wealth disparities) upside down. In fact, as a preview of what’s coming, perhaps it’s time to think of this land as the Dis-United States of Trumperica.

    Imagine that, in the years to come, he will once again be inhabiting the place built during George Washington’s presidency and occupied by Abraham Lincoln, Franklin Delano Roosevelt, and John F. Kennedy, among so many others. Need I say more when it comes to matters of decline and fall?

    In truth, it’s a rather straightforward fact that this country is now visibly going down in a potentially big-time fashion and that, domestically speaking, there’s far worse to come. Of course, sooner or later, great powers do go down in various ways and Donald Trump’s version of that (just like his version of going up) could mean a distinctly failed state for the rest of us, no matter what happens to him.

    Gaining Perspective on Donald Trump?

    Imagine this: I was born when FDR was still president. (I was eight months old when he died.) And 80 years later, “my” president is Donald Trump (again!). If that doesn’t count as a political lifetime, what does? Whether the 78-year-old Donald or the 80-year-old me will live to see the end of “his” presidency is, of course, beyond my knowing.

    But count on one thing: whatever we do see, it’s not likely to be pretty. In some sense, whatever chaotic version of guardrails were imposed on him in his first term will be largely removed this time around. From Pete Hegseth to Robert Kennedy, Jr., he’s already trying to appoint a crew of men (and yes, they are largely men) who would once have seemed inconceivable in this country — and not just because so many of them are rumored to have mistreated women.

    Imagine that, starting in January, Trump and Elon Musk, the richest man on Earth, will be occupying the White House with “cat ladies” Vice-President J.D. Vance waiting in the wings. Fox News will be in the saddle (all too literally, given Trump’s appointments) and, this time around, President Tariff could essentially take the planet down with him. Yes, Matt Gaetz recently came up short (the earliest failed cabinet pick in modern history), but so many other nightmarish Trumpian figures won’t. They’ll be there doing their damnedest as “agents of his contempt, rage, and vengeance.”

    Gaining perspective on Donald Trump? In some ways, his greatest skill in life has been in making such perspective inconceivable. No matter what you think, you can never quite fully take him in or know what he’s likely to do.

    So, here we are, about to be Trumped once again. In fact, in the years to come, if things go as they now look like they might, with Elon Musk, Fox News, and him inhabiting the White House, it might be possible to think of this country (and even this planet) as Donald Trump’s last bankruptcy.

    This piece first appeared in TomDispatch.

    The post Going to Hell in a “Drill, Baby, Drill” Handbasket appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • Gallatin Range, Greater Yellowstone. Photo: Jeffrey St. Clair.

    “A fish rots from the head down.” – Rumi

    By now, we have all heard rumblings of Empire’s imminent collapse. Propaganda and government gaslighting can no longer hide the obvious fact that social, financial, cultural, and political systems have failed miserably. The advanced state of Empire’s decomposition (rotting from the head down) caused by malevolent and incompetent leadership is now self-evident.

    The question I ponder today: Will Empire’s collapse happen before or after it has turned America’s last great sweep of native biological diversity and wildland refugia into human excrement and post-consumer land fill?

    “Biodiversity hangs by a thread. Within this mountainous stronghold is sequestered the remnant terrestrial wilderness ecosystems, wildlife corridors and freshwater aquatic ecosystems of the Northern Rockies bioregion,” said Alliance for the Wild Rockies Director, Mike Garrity.These fragments of wild territory represent the last sanctuary for threatened species like bull trout, grizzly bears, lynx, wolverine and whitebark pine – all federally – protected under the provisions of the Endangered Species Act. Other free-roaming species like wild Yellowstone buffalo, wolves, bighorn sheep, mountain lions, elk and many, many others still manage to survive on publicly owned, undeveloped roadless areas, designated Wilderness areas and National Parks.

    Today, more than 23 million acres of these undeveloped landscapes – in Montana, Idaho, Wyoming and Eastern Oregon and Washington – remain unprotected, imperiled and ever increasingly vulnerable to being exploited and destroyed by corporations in the resource extraction sector. Clearcuts and logging roads built to access clearcuts fragment the forest, degrade habitat effectiveness, permanently scar the landscape, and compact the fragile, thin forest soil with heavy machinery.

    Mining and grazing leave permanent scars and inflict deep wounds on the fragile forest floor.

    Fortunately, there is a legislative plan (S-1531) to protect the Northern Rockies ecosystems. The Northern Rockies Ecosystem Protection Act (NREPA), sponsored by Senator Sheldon Whitehouse (D-RI), a holistic land-management Senate bill designed to halt and begin to reverse this troubling and destructive trend toward species extinction and industrial conversion from native public forest to failed government tree plantation, privatization, and settler neo-colonialism.

    Once these ecosystems are covered by road networks that resemble spaghetti on a map and fractured into tiny, isolated patches it’s almost impossible to put it all back together.

    Man’s attitude toward nature is today critically important simply because we have now acquired a fateful power to alter and destroy nature. But man is a part of nature, and his war against nature is inevitably a war against himself.

    – Rachel Carson (1907-1964)

    Cognitive dissonance is a state of discomfort felt when two or more modes of thought contradict each other. Man’s mind isn’t just at war with wildlife and wilderness, in essence it’s at war with itself too. Our conditioned hive minds worry about what others may think rather than worry about all life being frog- marched into a dark cul-de-sac that ultimately leads to unspeakable violence, mass suicide and genocide.The global capitalist ruling classes openly demonstrate who really controls themmonopoly on violence. We now witness – in your face, and personal – the melting away of the façade of American democracy. every Man will remain unconscious as path to higher consciousness is blocked by big media/entertainment (capitalism’s guardian).

    We need to act now to avoid the “Humpty-Dumpty” phenomenon. We’re all intimately interconnected and must re-unite as one community in harmony with nature.

    Wilderness ecosystems are not domesticated plantations. Rather than view the natural world with fear as an enemy to be conquered and dominated, try instead to marvel at her divine powers. Embrace Mother Nature as our single life-support system.

    Support S-1351 and the Alliance as they lead the charge to protect endangered Wild Rockies ecosystems.

    The post The Alliance Fights to Protect Wild Rockies Ecosystems appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • Photograph Source: Bhopal Medical Appeal, Martin Stott – https://www.flickr.com/photos/44868727@N02/14119398488/ – CC BY-SA 2.0

    Soon after the disaster, several concerned lawyers arrived in Bhopal to provide legal assistance to the gas victims. Many ‘ambulance chasers’ also swooped down on the city in that guise, motivated by greed rather than compassion.

    Following the filing of many lawsuits against the Union Carbide Corporation (UCC) by victims of the disaster through private US attorneys in different districts/states of the US, the US judicial panel on multi-district litigation passed an order on February 6, 1985 transferring all US federal district court cases relating to the Bhopal disaster to the southern district court of New York.

    Soon afterwards, on the plea that the ambulance chasers would misrepresent the interest of the victims, at the instance of the government of India, the President of India on February 20, 1985 promulgated the Bhopal Gas Leak Disaster (Processing of Claims) Ordinance.

    The Ordinance empowered the Union of India to represent the victims in all cases relating to claims for compensation. The Bhopal Ordinance was adopted as an Act of Parliament on March 29, 1985.

    Of course, there were apprehensions that the government of India may misuse the provisions of the Act and may not represent the interests of all gas victims in the best possible way. Therefore, a number of writ petitions were subsequently filed before the Supreme Court questioning the constitutional validity of the Bhopal Act.

    Litigation in the US

    By virtue of the Bhopal Act, the Union of India, on April 8, 1985, filed a complaint against the UCC before the southern district court of New York, US. The complaint, inter alia, stated that:

    “5. ….The [Bhopal] Act has been promulgated for the purpose of insuring that claims (as defined by the Act) arising out of and caused by the BHOPAL GAS LEAK DISASTER (hereinafter referred to as the BHOPAL DISASTER) are dealt with speedily, effectively, and equitably, and confers upon the government of the Union of India certain powers and duties, including the exclusive right to represent and act in place of (whether within or outside India) every person (as defined in the Act) who has made, or is entitled to make, such a claim…

    “The Act further provides that the government shall have due regard to any matters which such persons may urge with respect to his claim and shall, if such person so desires, permit at the expense of such person, a legal practitioner of his choice to be associated in the conduct of any suit or other proceedings relating to his claim.

    “6. Because of the massive unprecedented magnitude of the BHOPAL DISASTER (as hereinafter detailed), the Union of India brings this action as parens patriae by virtue of its interest and duty to secure the health and well being, both physical and economic, of all victims of the disaster (including future generations of victims), almost all of whom are physically and/or financially or otherwise incapable of individually litigating their claims against the defendant, a monolithic, multinational corporation. The Union of India further acts as parens patriae by virtue of its interests and duty to protect, preserve and restore the earth, air, waters and economy of the Republic…

    “7. The Union of India brings this action as parens patriae for all persons to recover for them damages for any and all claims, present and future, arising from the BHOPAL DISASTER”. [Upendra Baxi & Thomas Paul (ed.), “Mass Disasters & Multinational Liability: The Bhopal Case”, p.2]

    The basic grounds on which the complaint was filed were as follows:

    “10. At all times material, defendant Union Carbide designed, constructed, owned, operated, managed and controlled a chemical plant in the city of Bhopal, in the State of Madhya Pradesh, one of the states constituting the Union of India, through its subsidiary Union Carbide India Limited.

    “11. At all times material, defendant Union Carbide manufactured, processed, handled and stored at its Bhopal plant methyl isocyanate (hereinafter MIC), a chemical used in the manufacture of agricultural pesticides produced and marketed by Union Carbide.”

    “12. At all times material, defendant Union Carbide knew that MIC is an extraordinarily reactive, toxic, volatile, flammable and ultrahazardous chemical; that MIC is one of the most dangerous substances known to man.”

    18. On December 2–3, 1984, there was a massive escape of lethal MIC gas from the Bhopal plant into the atmosphere, raining death and destruction upon the innocent and helpless persons in the city of Bhopal and the adjacent countryside, and causing widespread pollution to its environs in the worst industrial disaster [hu]mankind has ever known.” [Baxi & Paul (ed.), pp. 3-4]

    Based on the above grounds, the Union of India levelled charges against the UCC on seven counts, which are summarised below:

    a) Multinational enterprise liability: “A multinational corporation has a primary, absolute and non-delegable duty to the persons and country in which it has in any manner caused to be undertaken any ultrahazardous or inherently dangerous activity.

    “This includes a duty to provide that all ultrahazardous or inherently dangerous activities be conducted with the highest standards of safety and to provide all necessary information and warnings regarding the activity involved.

    “Defendant multinational Union Carbide breached this primary, absolute and non-delegable duty through its undertaking of an ultrahazardous and inherently dangerous activity causing unacceptable risks at its plant in Bhopal, and the resultant escape of lethal MIC from that plant.

    “Defendant Union Carbide further failed to provide that its Bhopal plant met the highest standards of safety and failed to inform the Union of India and its people of the dangers therein.”

    b) Absolute liability: “Defendant Union Carbide allowed the lethal MIC to escape from its Bhopal plant on December 2–3, 1984, exposing innocent and helpless people in the city of Bhopal, the adjacent countryside and its environs to the deadly effects of MIC, thereby contaminating and polluting an extensive area. Defendant Union Carbide is absolutely liable for any and all damages caused or contributed to by the escape of the lethal MIC from its Bhopal plant…”

    c) Strict liability: “Defendant Union Carbide was under a duty to design, construct, maintain and operate its Bhopal plant in such a manner as to prevent the escape of lethal MIC from the plant and to protect persons from unreasonably dangerous and defective conditions and to warn persons of the dangers and risks associated with the plant and its manufacturing processes.

    “Defendant Union Carbide breached this duty and the massive escape of lethal MIC occurred as the result of unreasonably dangerous and defective plant conditions which involved MIC production and storage procedures and facilities, instrumentation, safety systems, warning systems, operation and maintenance procedures…

    “In creating and maintaining unreasonably dangerous and defective conditions, defendant Union Carbide is strictly liable for any and all damages caused or contributed to by the escape of MIC from its Bhopal plant…”

    d) Negligence: “The Bhopal plant was in the defendant’s exclusive control and the massive escape of lethal MIC could not have occurred but for the negligence of defendant Union Carbide. Defendant Union Carbide is liable for any and all damages caused or contributed by the escape of MIC from its Bhopal plant due to its negligence…”

    e) Breach of warranty: “Defendant Union Carbide expressly and impliedly warranted that the design, construction, operation and maintenance of its Bhopal plant were undertaken with the best available information and skill in order to insure safety.

    “These warranties were untrue in that the Bhopal plant was, in fact, defective and unsafe and the technical services and information provided by defendant Union Carbide and the resulting plant operating practices were defective in numerous respects… Defendant Union Carbide is liable for any and all damages caused or contributed to by the escape of MIC from its Bhopal plant due to its breach of warranties…”

    f) Misrepresentation: “Defendant Union Carbide falsely represented to the plaintiff that its Bhopal plant was designed with the best available information and skill and that the operation of its Bhopal plant would be maintained with current and up-to-date knowledge. Defendant Union Carbide knew that these representations were false, or asserted these representations without knowledge of their truth or falsity, and intended that the plaintiff act thereon.

    “The plaintiff reasonably and justifiably relied upon these representations to its detriment. Defendant Union Carbide is liable for any and all damages caused or contributed to by the escape of MIC from its Bhopal plant due to its misrepresentation…”

    g) Punitive Damages: “Defendant Union Carbide’s conduct in failing to design, construct, maintain and operate a safe plant exposed the people and property in Bhopal, the adjacent countryside and its environs to a massive disaster which the defendant knew could occur.

    “Such conduct on the part of defendant Union Carbide, in light of its knowledge of the lethal properties of MIC was unlawful, wilful, malicious and reprehensible and was in deliberate, conscious and wanton disregard of the rights and safety of the citizens of the Union of India.

    “Defendant Union Carbide’s conduct as described herein clearly establishes the plaintiff’s right to an award of punitive damages to deter this wrongful conduct from ever again recurring.” [Baxi & Paul (ed.), pp.4-8]

    The Union of India further pleaded that:

    “As a direct and proximate result of the conduct of defendant Union Carbide, numerous thousands of persons in Bhopal, the adjacent countryside and its environs suffered agonising, lingering and excruciating deaths, serious and permanent injuries … pain, suffering and emotional distress of immense proportion.

    “The survivors, who experienced an unimaginable and unforgettable catastrophe…have suffered and will continue to suffer severe emotional distress. Further injuries to such persons, and to generations yet unborn, are reasonably certain to occur…

    “As a further direct and proximate result of the conduct of defendant Union Carbide, there was extensive damage to personal and business properties resulting in disruption of industrial, commercial and governmental activities throughout the City of Bhopal, the adjacent countryside and its environs, with consequential losses of personal and business income and governmental revenue throughout the Union of India, as well as the impairment of future earning capacity of numerous thousands of persons.” [Baxi & Paul (ed.), pp.8-9]

    On the basis of the above pleadings, plaintiff Union of India sought compensatory and punitive damages from defendant Union Carbide and the awarding of such other relief as the court may have deemed just and equitable.

    The purpose of quoting extensively from the text of the Union of India’s complaint before the US district court was also to enable the reader to take note of its emphatic and forthright language.

    (It would be interesting to compare the same with the meek and submissive language of the terms of settlement that the Union of India signed with the UCC on February 15, 1989, consequential to the directions and Orders passed by the Supreme Court of India.)

    Inconvenient forum

    It may be recalled that 145 cases (from more than 13 US jurisdictions) involving approximately 200,000 individual plaintiffs had been consolidated before the southern district court of New York.

    On April 16, 1985, at the first pre-trial conference before the New York southern district court, Judge Keenan directed that a three-member plaintiffs’ executive committee be formed to frame and develop issues on the cases and prepare expeditiously for trial or settlement negotiations.

    On July 30, 1985, the said committee submitted a format for the resolution of these cases in a discovery plan. The plan envisioned an expedited schedule of discovery leading to a September 1, 1986 trial of liability, including punitive damages, and ten representative damages cases. [Baxi & Paul (ed.), p.97]

    The UCC, however, found an ingenious way to oppose the move. In its reply, which was filed before the district court on July 31, 1985, the UCC pleaded for dismissing the cases filed against it on the grounds of forum non conveniens, essentially meaning that the complaints should not be heard in the US since it was not the appropriate or convenient forum.

    On the one hand, the UCC tried to argue that: “Indeed, the practical impossibility for American courts and juries, imbued with US cultural values, living standards and expectations, to determine damages for people living in the slums or ‘hutments’ surrounding the UCIL plant in Bhopal, India, by itself confirms that the Indian forum is overwhelmingly the most appropriate.” [Baxi & Paul (ed.), para, 4, pp.30]

    On the other hand, it argued that: “It would surely be unfair to apply ingrained American approaches to liability or damages to US corporations owning stock in foreign companies which are not applicable to all companies operating in that foreign jurisdiction.” [Baxi & Paul (ed.), para, 2, p.31]

    In other words, as far as the determination of damages for victims was concerned, the UCC wanted an inferior set of standards to be applied to victims in Third World countries unlike those applicable to victims in the US!

    As far as the determination of liability was concerned, the UCC wanted the same set of standards to be applied to multinational companies as was applicable to local companies in the Third World, where safety standards were ill-defined or non-existent!

    No wonder, the UCC found the courts in India a very convenient forum!

    On December 6, 1985, the plaintiffs’ executive committee filed a memorandum in opposition to UCC’s motion of forum non conveniens, to dismiss the consolidated complaints.  Their argument was that forum non conveniens was actually a doctrine intended to serve the ends of justice.

    Therefore, according to them, “Justice also mandates the resolution of this litigation in the United States because the material qualitative evidentiary facts at the heart of the liability issues can be discovered only in this country, where the seeds of the Bhopal tragedy lie.”

    They further added that: “Although the ultimate horrors of the Bhopal gas leak unfolded in India, the disaster is an American tragedy.” [Baxi & Paul (ed.), paras 2-3, p.61]

    Subsequently, some legal experts too filed affidavits both for and against UCC’s memorandum on the issue of forum non conveniens. On one hand, Prof. Marc Galanter, professor of law and South Asian studies at the University of Wisconsin (US), filed an affidavit on December 5, 1985 to oppose UCC’s motion. On the other hand, J.B. Dadachanji and Nani Palkhivala, leading corporate lawyers from India, filed affidavits, dated December 14 and 18, 1985 respectively, in support of UCC’s motion.

    In the process, Palkhivala, in particular, demeaned himself with his slanderous insinuation that the decision of the Union of India and others to file complaints in the US amounted to “forum shopping” as a means “of virtually getting American aid thinly disguised as ‘damages’.” [Baxi & Paul (May 1986), para 2, p.229]

    In fact, quite contrary to Palkhivala’s contention, it would be evident from his own words that it was the UCC that was “forum shopping”! According to Palkhivala: “[I]f the Bhopal cases are tried in India, the quantum of damages to be awarded to claimants would be under the same law which is applicable to all other cases of similar tort, irrespective of the nationality or residence of the corporation sued.” [Baxi & Paul (May 1986), para 1, p.229]

    Therefore, it is amply clear that Palkhivala had waxed eloquent about India being the most appropriate forum to try the Bhopal cases precisely because he was confident that under the existing circumstance, it was ideally suited to serve the best interests of the UCC!

    Meanwhile, the decision of the Union of India to file the complaint in the US generated a lot of controversy in India. Within the Indian legal community itself, opposition to the move arose from two completely divergent sources.

    Leading public interest lawyers such as Indira Jaising of the Lawyers Collective (who were then ardently supporting the cause of the victims before the Justice N.K. Singh Commission of Inquiry that was inquiring into the causes of the Bhopal disaster) were of the opinion that the proceedings should have been filed in Indian courts and that it was unbecoming of a sovereign State to seek damages against a multinational company in the US.

    From a completely different perspective, leading corporate lawyers such as Nani Palkhivala (who concealed the fact that he had filed an affidavit in support of UCC’s motion to dismiss the proceedings before the US court) also tried to argue that the Indian courts were best suited to handle the Bhopal litigation.

    Other legal experts such as Professor Upendra Baxi [then director (Research), Indian Law Institute, New Delhi], who too actively supported the cause of the Bhopal victims, were of the opinion that Indian law had not so far been able to develop the tort doctrine, which would be adequate to do justice to the Bhopal gas victims.

    In his view, the US forum was the only one adequately equipped to handle mass torts. While Prof. Baxi forcefully argued against the disingenuous arguments put forward by Palkhivala, it is possible that he may have overlooked the fact that the Bhopal case also gave the Indian judiciary an opportunity to develop the tort doctrine.

    The concept of absolute multinational enterprise liability could have been developed in such a way that it would not only have benefited the Bhopal victims but would have in the long run protected the interests of all Third World countries and peoples as well.

    In hindsight, it may appear that perhaps Jaising had reposed excessive faith in the Indian judicial system and that probably Prof. Baxi was right in his assessment of the inadequacy of the system to render justice to the Bhopal victims.

    Nevertheless, it cannot be denied that if in India there is political will on the part of the executive, strength of character on the part of the legislature, professional commitment on the part of the judiciary, and expression of solidarity by concerned people, it is still possible to ensure that justice is not denied to the Bhopal victims.

    The post Bhopal Gas Tragedy: Forty Years of Struggle for Justice—Part 3 appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • ABC Pacific

    Australia’s government is being condemned by climate action groups for discouraging the International Court of Justice (ICJ) from ruling in favour of a court action brought by Vanuatu to determine legal consequences for states that fail to meet fossil reduction commitments.

    In its submission before the ICJ at The Hague yesterday, Australia argued that climate action obligations under any legal framework should not extend beyond the UN Framework Convention on Climate Change and the Paris Agreement.

    It has prompted a backlash, with Greenpeace accusing Australia’s government of undermining the court case.

    “I’m very disappointed,” said Vepaiamele Trief, a Ni-Van Save the Children Next Generation Youth Ambassador, who is present at The Hague.

    “To go to the ICJ and completely go against what we are striving for, is very sad to see.

    “As a close neighbour of the Pacific Islands, Australia has a duty to support us.”

    RNZ Pacific reports Vanuatu’s special envoy to climate change says their case to the ICJ is based on the argument that those harming the climate are breaking international law.

    Special Envoy Ralph Regenvanu told RNZ Morning Report they are not just talking about countries breaking climate law.

    Republished from ABC Pacific Beat with permission.

    This post was originally published on Asia Pacific Report.

  • RNZ Pacific

    Vanuatu’s special envoy to climate change says their case to the International Court of Justice (ICJ) is based on the argument that those harming the climate are breaking international law.

    The case seeks an advisory opinion from the court on the legal responsibilities of countries in relation to climate change, and dozens of countries are making oral submissions.

    Hearings started in The Hague with Vanuatu — the Pacific island nation that initiated the effort to obtain a legal opinion — yesterday.

    Vanuatu’s Special Envoy for Climate Change and Environment  Ralph Regenvanu told RNZ Morning Report they are not just talking about countries breaking climate law.

    He outlined their argument as: “This conduct — to do emissions which cause harm to the climate system, which harms other countries — is in fact a breach of international law, is unlawful, and the countries who do that should face legal consequences.”

    He said they were wanting a line in the sand, even though any ruling from the court will be non-binding.

    “We’re hoping for a new benchmark in international law which basically says if you pollute with cumulative global greenhouse gas emissions, you cause climate change, then you are in breach of international law,” he said.

    “I think it will help clarify, for us, the UNFCCC (UN Framework Convention on Climate Change) process negotiations for example.”

    Regenvanu said COP29 in Baku was frustrating, with high-emitting states still doing fossil fuel production and the development of new oil and coal fields.

    He said a ruling from the ICJ, though non-binding, will clearly say that “international law says you cannot do this”.

    “So at least we’ll have something, sort of a line in the sand.”

    Oral submissions to the court are expected to take two weeks.

    Another Pacific climate change activist says at the moment there are no consequences for countries failing to meet their climate goals.

    Pacific Community (SPC) director of climate change Coral Pasisi said a strong legal opinion from the ICJ might be able to hold polluting countries accountable for failing to reach their targets.

    The court will decide on two questions:

    • What are the obligations of states under international law to protect the climate and environment from greenhouse gas emissions?
    • What are the legal consequences for states that have caused significant harm to the climate and environment?

    This article is republished under a community partnership agreement with RNZ.

    This post was originally published on Asia Pacific Report.

  • Asia Pacific Report

    Norway is stopping the first licensing round for deep sea mining in Arctic waters — and Greenpeace Aotearoa says this is putting pressure on the Luxon government to follow suit.

    “This move by Norway to stop the seabed mining in its tracks is a historic win for ocean protection and for the growing movement opposed to the damaging new extractive industry,” said Greenpeace spokesperson Juan Parada.

    “This puts the spotlight firmly on the Luxon government to do the same.”

    In January 2024, the Norwegian government opened its Arctic waters to deep sea mining across an area equivalent to the size of Italy, but after resistance grew across civil society and the fishing industry, the government has agreed to stop the first licensing round for at least the whole of 2025.

    “This decision by Norway puts even more pressure on the Luxon government not to be the first in the world to allow commercial seabed mining to take place in its waters,” Parada said.

    “Millions of people across the world are now calling on governments to resist the dire threat of seabed mining to safeguard oceans worldwide and one by one they are listening.

    “The Luxon government needs to read the room, listen to the growing opposition and put an end to the Australian-owned mining company Trans-Tasman Resources’ destructive plans to mine the South Taranaki Bight.” says Parada.

    Last week, Greenpeace activists, along with representatives of Taranaki iwi Ngāti Ruanui, disrupted the annual general meeting of Manuka Resources, the owners of TTR.

    This post was originally published on Asia Pacific Report.

  • Formaldehyde causes more cancer than any other toxic chemical in the air. It’s emitted from cars, trucks, planes, industrial facilities and many other sources. It’s also formed in the atmosphere when other chemicals combine in the presence of sunlight. Even if you don’t live in a high-traffic area or an industrial zone, the geography and climate of your area could increase your cancer risk from formaldehyde because of this so-called “secondary formation.”

    ProPublica is releasing a lookup tool that allows anyone in the country to understand their outdoor risk from formaldehyde. Search for your address to see risks from the chemical on your block and where it comes from.

    This post was originally published on ProPublica.

  • ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

    In a world flush with hazardous air pollutants, there is one that causes far more cancer than any other, one that is so widespread that nobody in the United States is safe from it.

    It is a chemical so pervasive that a new analysis by ProPublica found it exposes everyone to elevated risks of developing cancer no matter where they live. And perhaps most worrisome, it often poses the greatest risk in the one place people feel safest: inside their homes.

    As the backbone of American commerce, formaldehyde is a workhorse in major sectors of the economy, preserving bodies in funeral homes, binding particleboards in furniture and serving as a building block in plastic. The risk isn’t just to the workers using it; formaldehyde threatens everyone as it pollutes the air we all breathe and leaks from products long after they enter our homes. It is virtually everywhere.

    Federal regulators have known for more than four decades that formaldehyde is toxic, but their attempts to limit the chemical have been repeatedly thwarted by the many companies that rely on it.

    This year, the Biden administration finally appeared to make some progress. The Environmental Protection Agency is expected to take a step later this month toward creating new rules that could restrict formaldehyde.

    But the agency responsible for protecting the public from the harms of chemicals has significantly underestimated the dangers posed by formaldehyde, a ProPublica investigation has found.

    Formaldehyde threatens everyone as it pollutes the air we all breathe and leaks from products long after they enter our homes. It is virtually everywhere.

    The EPA is moving ahead after setting aside some of its own scientists’ conclusions about how likely the chemical is to cause myeloid leukemia, a potentially fatal blood cancer that strikes an estimated 29,000 people in the U.S. each year. The result is that even the EPA’s alarming estimates of cancer risk vastly underestimate — by as much as fourfold — the chances of formaldehyde causing cancer.

    The agency said it made the decision because its estimate for myeloid leukemia was “too uncertain” to include. The EPA noted that the National Academies of Sciences, Engineering and Medicine, which the agency paid to review its report, agreed with its decision not to include myeloid leukemia in its cancer risk. But four former government scientists with experience doing statistical analyses of health harms told ProPublica that the myeloid leukemia risk calculation was sound. One said the risk was even greater than the agency’s estimate.

    Jennifer Jinot, one of the EPA scientists who spent years calculating the leukemia risk, said there is always uncertainty around estimates of the health effects of chemicals. The real problem, she said, was cowardice.

    “In the end, they chickened out,” said Jinot, who retired in 2017 after 26 years working at the EPA. “It was kind of heartbreaking.”

    The EPA has also retreated from some of its own findings on the other health effects of formaldehyde, which include asthma in both children and adults; other respiratory ailments, including reduced lung function; and reproductive harms, such as miscarriages and fertility problems. In a draft report expected to be finalized this month, the agency identified many instances in which formaldehyde posed a health threat to the public but questioned whether most of those rose to a level the agency needed to address. In response to questions from ProPublica, the EPA wrote in an email that the report was not final and that the agency was in the process of updating it.

    Even the EPA’s alarming estimates of cancer risk vastly underestimate — by as much as fourfold — the chances of formaldehyde causing cancer.

    Still, if the past is any guide, even the limited efforts of President Joe Biden’s administration are all but guaranteed to hit a dead end after Donald Trump is inaugurated. And one of the longest-running attempts to restrict a dangerous chemical in American history would be set back yet again.

    ProPublica reporters have spent months investigating formaldehyde, its sweeping dangers and the government’s long, frustrating battle to curb how much of it we breathe.

    They have analyzed federal air pollution data from each of the nation’s 5.8 million populated census blocks and done their own testing in homes, cars and neighborhood businesses. They have interviewed more than 50 experts and pored through thousands of pages of scientific studies and EPA records. They’ve also reviewed the actions of the previous Trump administration and what’s been disclosed about the next.

    The conclusion: The public health risks from formaldehyde are greater and more prevalent than widely understood — and any hope of fully addressing them may well be doomed, at least for the foreseeable future.

    Since its inception, the EPA has been outgunned by the profitable chemical industry, whose experts create relatively rosy narratives about their products. That battle intensified over the last four years as the EPA tried to evaluate the scope of the public health threat posed by formaldehyde.

    Regulatory rules put the onus on the government to prove a chemical is harmful rather than on industry to prove its products are safe. Regardless of who is in the White House, the EPA has staff members with deep ties to chemical companies. During some administrations, it is run by industry insiders, who often cycle between jobs in the private sector and the government.

    If the past is any guide, even the limited efforts of President Joe Biden’s administration are all but guaranteed to hit a dead end after Donald Trump is inaugurated.

    Trump has already vowed to roll back regulations he views as anti-business — an approach that promises to upend the work of government far beyond formaldehyde protections. Still, this one chemical makes clear the potential human toll of crafting rules to serve commerce rather than public health. And Trump’s last term as president shows how quickly and completely the efforts now underway might be stopped.

    At the EPA, he appointed a key figure from the chemical industry who had previously defended formaldehyde. The agency then quietly shelved a report on the chemical’s toxicity. It refused to enforce limits on formaldehyde released from wood products until a judge forced its hand. And it was under Trump that the agency first decided not to include its estimate of the risk of developing myeloid leukemia in formaldehyde’s overall cancer risk calculation, weakening the agency’s ability to protect people from the disease.

    The latest efforts to address formaldehyde pollution are likely to meet a similar fate, according to William Boyd, a professor at UCLA School of Law who specializes in environmental governance. Boyd has described formaldehyde as a sort of poster child for the EPA’s inability to regulate chemicals. Because formaldehyde is key to so many lucrative industrial processes, companies that make and use it have spent lavishly on questioning and delaying government efforts to rein it in.

    “The Biden administration was finally bringing some closure to that process,” said Boyd. “But we have every reason to suspect that those efforts will now be revised. And it will likely take years for the EPA to do anything on this.”

    Invisible Threat

    Perhaps best known for preserving dead frogs in high school biology labs, formaldehyde is as ubiquitous in industry as salt is in cooking. Between 1 billion and 5 billion pounds are manufactured in the U.S. each year, according to EPA data from 2019.

    Outdoor air is often suffused with formaldehyde gas from cars, smoke, factories, and oil and gas extraction, sometimes at worrying levels that are predicted to worsen with climate change. Much of the formaldehyde outdoors is also spontaneously formed from other pollutants.

    The public health risks from formaldehyde are greater and more prevalent than widely understood — and any hope of fully addressing them may well be doomed, at least for the foreseeable future.

    Invisible to the eye, the gas increases the chances of getting cancer — severely in some parts of the country.

    This year, the EPA released its most sophisticated estimate of the chance of developing cancer as a result of exposure to chemicals in outdoor air in every populated census block across the United States. The agency’s sprawling assessment shows that, among scores of individual air pollutants, formaldehyde poses the greatest cancer risk — by far.

    But ProPublica’s analysis of that same data showed something far more concerning: It isn’t just that formaldehyde poses the greatest risk. It’s that its risk far exceeds the agency’s own goals, sometimes by significant amounts.

    ProPublica found that, in every census block, the risk of getting cancer from exposure to formaldehyde in outdoor air over a lifetime is higher than the limit of one incidence of cancer in a million people, the agency’s goal for air pollutants. That risk level means that if a million people in an area are continuously exposed to formaldehyde over 70 years, the chemical would cause at most one case of cancer, on top of those from other risks people already face.

    According to ProPublica’s analysis of the EPA’s 2020 AirToxScreen data, some 320 million people live in areas of the U.S. where the lifetime cancer risk from outdoor exposure to formaldehyde is 10 times higher than the agency’s ideal.

    (ProPublica is releasing a lookup tool that allows anyone in the country to understand their outdoor risk from formaldehyde.)

    Trump has already vowed to roll back regulations he views as anti-business — an approach that promises to upend the work of government far beyond formaldehyde protections.

    In the Los Angeles/San Bernardino, California, area alone, some 7.2 million people are exposed to formaldehyde at a cancer risk level more than 20 times higher than the EPA’s goal. In an industrial area east of downtown Los Angeles that is home to several warehouses, the lifetime cancer risk from air pollution is 80 times higher, most of it stemming from formaldehyde.

    Even those alarming figures underestimate the true danger. As the EPA admits, its cancer risk calculation fails to reflect the chances of developing myeloid leukemia. If it had used its own scientists’ calculation — “the best estimate currently available,” according to the agency’s August report — the threat of the chemical would be shown to be far more severe. Instead of causing 20 cancer cases for every million people in the U.S., formaldehyde would be shown to cause approximately 77.

    Using the higher figure to set regulations of the chemical could eventually help prevent thousands of cases of myeloid leukemia, according to ProPublica’s analysis.

    As Mary Faltas knows, the diagnosis can upend a life.

    Faltas, 60, is still sorting through the aftermath of having myeloid leukemia, which she developed in 2019. “It’s like having a storm come through,” she said recently. “It’s gone, but now you’re left with everything else to deal with.”

    It wasn’t always clear she’d survive. There are two types of myeloid leukemia. Faltas had the more deadly acute form and spent a year and a half undergoing chemotherapy, fighting life-threatening infections and receiving a bone marrow transplant. Too sick to work, she lost her job as a dental assistant. She and her husband were forced to sell their house in Apopka, Florida, and downsize to a small condo — a move that took place when she was too weak to pack a box.

    According to ProPublica’s analysis of the EPA’s 2020 AirToxScreen data, some 320 million people live in areas of the U.S. where the lifetime cancer risk from outdoor exposure to formaldehyde is 10 times higher than the agency’s ideal.

    It’s almost always impossible to pinpoint a single cause for someone’s cancer. But Faltas has spent her entire life in places where the EPA’s data shows there is a cancer risk 30 times the level the agency says it strives to meet. And in that way, she’s typical. Nationwide, that’s the average lifetime cancer risk from air pollution; formaldehyde accounts for most of it. Factor in the EPA’s myeloid leukemia calculation, and Faltas has lived in places where cancer risk from formaldehyde alone is 50 to 70 times the agency’s goal.

    Layered on top of the outdoor risk we all face is the much more considerable threat indoors — posed by formaldehyde in furniture, flooring, printer ink and dozens of other products. The typical home has a formaldehyde level more than three times higher than the one the EPA says would protect people against respiratory symptoms. The agency said it came up with its recommended level to protect sensitive subgroups and that the potential for health effects just above it are “unknown.”

    The EPA’s own calculations show that formaldehyde exposure in those homes would cause as many as 255 cancer cases in every million people exposed over their lifetimes — and that doesn’t reflect the risk of myeloid leukemia. The agency also said “there may not be a feasible way currently to reduce the average indoor level of formaldehyde to a point where there is no or almost no potential risk.”

    ProPublica will delve more into indoor risks, and how to guard against them, in the coming days.

    The Long Road to Nowhere

    The fruitless attempts to limit public exposure to formaldehyde stretch back to the early ’80s, soon after the chemical was shown to cause cancer in rats.

    The typical home has a formaldehyde level more than three times higher than the one the EPA says would protect people against respiratory symptoms.

    The EPA planned to take swift action to reduce the risks from formaldehyde, but an appointee of President Ronald Reagan named John Todhunter stopped the effort. He argued that formaldehyde didn’t pose a significant risk to people. A House investigation later revealed he had met with chemical industry representatives, including a lobbyist from the Formaldehyde Institute, just before making his decision. Todhunter denied being influenced but resigned under pressure.

    In 1991, under President George H.W. Bush, the EPA finally deemed formaldehyde a probable human carcinogen and calculated the likelihood of it causing an extremely rare cancer that affects a part of the throat called the nasopharynx. But it quickly became clear that more protection was needed.

    A 2003 study showed that factory workers exposed to high levels of formaldehyde were 3 1/2 times more likely to develop myeloid leukemia than workers exposed to low levels of the chemical. “Having human data showing an effect like that … it’s a rare thing,” said Jinot, the former EPA statistician and toxicologist. “You want to seize that opportunity.”

    She and colleagues at the agency crunched numbers, immersed themselves in the medical literature and consulted with other scientists to conclude that formaldehyde was a known carcinogen and caused myeloid leukemia, among other cancers.

    But in 2004, their work hit a roadblock. Sen. James Inhofe, R-Okla., persuaded the EPA to delay the update of its formaldehyde report until the National Cancer Institute released the results of a study that was underway.

    The harms, meanwhile, continued to mount. In 2006, people who lost their homes in Hurricane Katrina and were housed in government trailers began to report feeling sick. The symptoms, which included breathing difficulties, eye irritation and nosebleeds, were traced to high levels of formaldehyde.

    In 2006, people who lost their homes in Hurricane Katrina and were housed in government trailers began to report feeling sick. The symptoms, which included breathing difficulties, eye irritation and nosebleeds, were traced to high levels of formaldehyde.

    In 2009, under the Obama administration, the EPA was once again poised to release its report on the toxicity of formaldehyde. By then, the National Cancer Institute’s study had been published, making the link between formaldehyde and myeloid leukemia even clearer.

    This time, another U.S. senator intervened. David Vitter, R-La., who had received donations from chemical companies and a formaldehyde lobbyist, held up the confirmation of an EPA nominee. He agreed to approve the nomination in exchange for an additional review of the formaldehyde report by a panel of the National Academies of Sciences, Engineering and Medicine.

    The outside review found “problems with clarity and transparency of the methods” used in the EPA report and recommended that, in its next version, the EPA employ “vigorous editing” and explain its arguments more clearly.

    But the EPA would not issue that next version for more than a decade. After the outside review, the chemical industry seized on its findings as evidence of fundamental problems at the agency. For years afterward, the EPA’s release of chemical assessments — and its work on the formaldehyde assessment — slowed. “They became completely cowardly,” Jinot said. “They were shell-shocked and retreated.”

    As the EPA went about revising its report, it fell behind others around the world in recognizing that formaldehyde causes cancer. The World Health Organization’s arm that researches cancer had already concluded in 2006 that the chemical is a carcinogen. Five years later, scientists with the Department of Health and Human Services found that formaldehyde causes cancer, citing studies linking it to myeloid leukemia.

    Between 2011 and 2017, the Foundation for Chemistry Research and Initiatives, which had been created by an industry trade group, funded 20 studies of the chemical. The research presented formaldehyde as relatively innocuous. The industry trade group still disputes the mainstream science, insisting that “the weight of scientific evidence” shows that formaldehyde does not cause myeloid leukemia.

    The trade group’s panel on formaldehyde also complained that regulation would be devastating for business. The argument was undercut by one of the few limits the EPA did manage to put in place.

    In 2016, the EPA issued a rule limiting the release of formaldehyde from certain wood products sold in the U.S. Under Trump, the agency did not implement the rule until a court ordered it to in 2018.

    The World Health Organization’s arm that researches cancer had already concluded in 2006 that the chemical is a carcinogen.

    But once the regulation was in effect, many companies complied with it. Necessity bred invention, and furniture and wood products makers found glues and binders with no added formaldehyde.

    Still, under Trump, the EPA refused to move forward with other efforts that had been underway to tighten regulations of formaldehyde. When he assumed office, the agency was yet again preparing to publish the toxicity report that Jinot had been working on.

    One of the new Trump appointments to the EPA was David Dunlap, a chemical engineer who, as the director of environmental regulatory affairs for Koch Industries, had tried to persuade the EPA that formaldehyde doesn’t cause leukemia. Koch’s subsidiary, Georgia-Pacific, made formaldehyde and many products that emit it. (Georgia-Pacific has since sold its chemicals business to Bakelite Synthetics.) At the EPA, Dunlap had authority over the division where Jinot and other scientists were working on the toxicity report.

    Ethics rules require federal employees not to participate in matters affecting former clients for two years. Dunlap complied with the law, recusing himself in 2018 from work on formaldehyde, but only after taking part in internal agency discussions about its health effects. He signed his recusal paperwork the same day the EPA killed the toxicity report. Dunlap did not respond to requests for comment.

    Imperfect Progress, Inevitable Disruption

    This August, the Biden EPA finally managed to carry that report across the finish line, getting it reviewed by other agencies and the White House. For the first time, it also set a threshold to protect people from breathing difficulties caused by formaldehyde, such as increased asthma symptoms and reduced lung function.

    In a draft of another key report on formaldehyde released this year, the EPA found that levels of the chemical were high enough to potentially trigger health problems in dozens of scenarios, including workers using lawn and garden products and consumers who might inhale the chemical as it wafts from cleaners, foam seating and flooring. But the agency is required to address risks only if they are deemed “unreasonable.” For many of those risks, the EPA said it wasn’t certain they were unreasonable.

    The EPA made the decision after employing a variety of unusual scientific strategies. One involved outdoor air. The EPA first estimated the amount of formaldehyde in the air near some of the country’s biggest polluters. To determine whether those amounts posed an unreasonable risk of harm, the agency compared them to a specific benchmark — the highest concentration of formaldehyde measured by government monitors in outdoor air between 2015 and 2020. EPA records show that peak level was recorded in 2018 in Fontana, California, about 50 miles east of Los Angeles. The EPA concluded the levels near polluting factories would not be unreasonable if they were below this record high, even though local scientists had noted that the Fontana reading didn’t meet their quality control standards, according to documents obtained by ProPublica. Local air quality officials said they didn’t know what caused the temporary spike in the level of formaldehyde near the Fontana monitor.

    The fact that an air monitor in Fontana once registered a fluke reading that dwarfs the level of formaldehyde in the air near her home is of little comfort to Rocky Rissler.

    A retired teacher, Rissler shares her home in Weld County, Colorado, with her husband, Rick, two horses, one dog and 12 highland cows; she calls it the “Ain’t Right Ranch” — a name that feels increasingly fitting as the number of oil and gas facilities near her home has ballooned in recent years.

    The rural area is one of hundreds around the country — many of them in Colorado, New Mexico, North Dakota and West Virginia — where the formaldehyde risk is elevated because of oil and gas production. Gusts of nausea-inducing pollution have become so frequent that Rissler now carries a peppermint spray with her at all times to ease the discomfort. She has frequent headaches, and her asthma has worsened to the point where she’s been hospitalized three times in recent years.

    During the past four years, no fewer than 75 trade groups have pushed back against the EPA’s findings.

    Rissler, who is 60 but says she feels “closer to 99,” has also been diagnosed with chronic bronchitis and chronic obstructive pulmonary disease, or COPD — conditions that have been linked to formaldehyde exposure. Just walking up the slight hill from her horse barn to her front door can leave her winded.

    “It feels like a gorilla is sitting on my chest,” she said. And while she used to jog in her youth, “these days, I’m only running if there’s a bear chasing me.”

    Under Biden, EPA scientists have been sharply divided over how to gauge all the dangers of formaldehyde. Some employees throughout the agency have been working to strengthen the final health assessment expected later this month. But they are fighting against immense outside pressure.

    During the past four years, no fewer than 75 trade groups have pushed back against the EPA’s findings. Among them are the Fertilizer Institute, the Golf Course Superintendents Association of America, the Toy Association, the National Chicken Council, the Asphalt Roofing Manufacturers Association, the Independent Lubricant Manufacturers Association, the RV Industry Association, the Halogenated Solvents Industry Alliance and the American Chemistry Council, which represents more than 190 companies and led the charge. Meanwhile, scientists with ties to the industry are pushing the EPA to abandon its own toxicity calculations and use theirs instead — a move that could seriously weaken future limits on the chemical.

    Despite campaign assurances that he wants “really clean water, really clean air,” Trump is expected to eviscerate dozens of environmental protections, including many that limit pollution in water and air.

    “I’ve seen the industry engage on lots of different risk assessments,” said Tracey Woodruff, a professor and director of the Program on Reproductive Health and the Environment at the University of California, San Francisco. “This one feels next level.”

    An EPA spokesperson wrote in an email that the agency’s draft risk evaluation of formaldehyde was “based purely on the best available science.”

    The industry’s fortunes have now shifted with Trump’s election.

    Despite campaign assurances that he wants “really clean water, really clean air,” Trump is expected to eviscerate dozens of environmental protections, including many that limit pollution in water and air. He will have support from a Republican Congress, where some have long wanted to rewrite environmental laws, including the one regulating chemicals.

    Trump has already laid out a plan to require federal agencies to cut 10 rules for every one they introduce, a far more aggressive approach than he took during his last time in the White House, when he rolled back more than 100 environmental rules. And his transition team has floated the idea of relocating the EPA headquarters, a move that would surely cause massive reductions in staff.

    According to regulatory experts consulted by ProPublica, the incoming administration could directly interfere with the ongoing review of formaldehyde in several ways. The EPA could simply change its reports on the chemical’s health effects.

    “They can just say they’re reopening the risk assessment and take another look at it. There may be some legal hurdles to overcome, but they can certainly try,” said Robert Sussman, an attorney who represents environmental groups and served in the EPA under Presidents Bill Clinton and Barack Obama.

    Project 2025, the conservative playbook organized by the Heritage Foundation, calls for the EPA’s structure and mission to be “greatly circumscribed.” Its chapter on the agency specifically recommends the elimination of the division that evaluated the toxicity of formaldehyde and hundreds of other chemicals over the past three decades. Project 2025 also aims to take away funding for research on the health effects of toxic chemicals and open the EPA to industry-funded science.

    Trump distanced himself from Project 2025, saying, “I don’t know what the hell it is.” But after the election, some of his surrogates have openly embraced the document, and Trump picked an architect of the conservative plan to fill a key cabinet post.

    Last month, Trump announced he had chosen former U.S. Rep. Lee Zeldin of New York to head the EPA. Zeldin could not be reached for comment, and the Trump transition team did not respond to questions about formaldehyde. In his announcement, Trump said Zeldin would deliver deregulatory decisions “to unleash the power of American businesses.”

    “The election of Trump is a dream for people who want to deregulate all chemicals,” said Woodruff, the University of California, San Francisco, professor. “We are going to continue to see people get sick and die from this chemical.”

    This post was originally published on ProPublica.

  • This year’s annual global climate negotiations, COP29, concluded with an inadequate commitment on climate finance which countered the Paris Agreement’s foundational principles of global climate justice.

    When countries signed the Paris Agreement in 2015, they agreed that wealthy countries would provide financing to the most vulnerable countries (often referred to as the Global South) to help advance global climate action and respond to climate disasters. Meeting this promise of climate finance was the priority at this COP. 

    Over 190 nations gathered to negotiate the new climate finance commitment. The negotiations are challenging – but wealthy countries did not show up with the funds for collective climate action, and therefore did not show up with a fair spirit of delivering what they had committed to under the Paris Agreement. The final decision was steamrolled through despite opposition from the world’s most vulnerable nations.

    Experts recognize that over $1.3-trillion must be mobilized every year to transition away from fossil fuels, scale up clean energy, and adapt to climate damages. Only $300-billion was offered as a commitment at COP29, and even this was rife with loopholes. A $300-billion commitment sounds like a lot, at first. But by contrast, countries provide subsidies to oil and gas companies that exceed $1.3-trillion each year, and these companies collect trillions in profits as a result. Those funds could be redirected towards financing climate action globally. 

    We all know a dollar does not go as far as it used to. When you account for inflation, the new target of $300 billion barely exceeds the previous global commitment that was set in 2009, despite increasing climate damages and the growing urgency of climate action. 

    In the past years, we experienced climate damages that harmed communities and cost billions of dollars, at home in Canada and around the world. Mitigating climate change by ending pollution from oil and gas is the only way to reduce these damages. Countries like Canada owe a climate debt to vulnerable communities based on our historically high emissions; yet even independent of this, providing financing for climate action to the Global South is important. Climate action is a team sport. We can only win if everyone brings all they have onto the rink to help any teammate score a goal. 

    The outcome of COP29 advanced the conversation on global climate finance and provided a foundation to build on. The commitment itself fell short, but increases and improvements in the years ahead are possible. For next year’s negotiations to be more successful, wealthy high emitting countries need to play our role on the global team.

    Moving to COP30, countries like Canada must deliver finance that actually meets what is needed. We also need to strengthen our own climate action at home. For example, the next round of national climate plans under the Paris Agreement are due in February. Canada’s current emissions reduction plan is currently not on track to keep our homes and communities safe from climate disaster. We will need to deliver a stronger plan, both to reduce emissions at home and scale up climate finance globally, to align with our fair share.

    The post COP29 concludes with an insufficient climate finance deal appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • First part of a twelve-part series to commemorate forty years of the quest for justice for the Bhopal Gas Tragedy victims.

    Bhopal Gas Tragedy: Forty years of struggle for justice—Part 1

    The escape of noxious fumes from the premises of the pesticide factory operated by Union Carbide India Limited (UCIL) and controlled by Union Carbide Corporation (UCC, a US-based multinational company, presently wholly owned by the Dow Chemical Company) on the night of December 2–3, 1984 exposed the people of the city of Bhopal to highly poisonous gases.

    Bhopal, the capital of Madhya Pradesh in central India, was then inhabited by nearly 900,000 people. The leakage occurred due to exothermic reactions that set off within a partially buried stainless steel tank containing about 42 tonnes of an extremely volatile and highly toxic chemical called methyl isocyanate (MIC), which was stored in liquid form.

    The equivalent of nearly 30 tonnes of MIC and its pyrolysis products reportedly escaped from the storage tank of the pesticide factory, which was located on the northwestern edge of Bhopal. Aided by a gentle breeze in the southeasterly direction, the burgeoning cloud of heavy lethal gases soon enveloped nearly 40 sq. km of the city, causing havoc in its wake before slowly dissipating in about two hours.

    Impact on life systems

    As exposure to MIC is extremely dangerous, the impact of the disaster was staggering on all life systems, including flora and fauna. Official sources estimated the immediate human death toll to be about 2,500, while according to other sources (Delhi Science Forum’s Report) the figure may have been at least twice as much.

    A report of the Indian Council of Medical Research (ICMR), India’s premier institution for medical research, titled Technical Report on Population-Based Long Term Epidemiological Studies (1985–94) (2004) had further noted as follows:

    Based on the mortality figures of the first four days, i.e., during December 3–6, 1984, the 36 wards [of Bhopal] were subdivided into severely, moderately and mildly affected areas.” (Para 5, p. 44)

    In other words, 36 of the 56 municipal wards of Bhopal were officially declared as gas-affected— implying that nearly 600,000 of the then approximately 900,000 residents of the city were exposed to the toxic gases to some degree or the other.

    As a result, the morbidity rate was also found to be very high. In December 1984, the morbidity rate in the severely affected wards of Bhopal was 98.99 percent; in the moderately affected wards it was 99.5 percent; and in the mildly affected wards, it was 99.54 percent. At the same time, in the control area (non-exposed area), the morbidity rate was merely 0.17 percent. (Table no. 31, p.76)

    Mystery over antidote

    Top managers of the UCC and the UCIL were very well aware that MIC is a highly poisonous chemical and that on thermal decomposition it could release equally deadly compounds such as carbon monoxide and hydrogen cyanide.

    Therefore, Union Carbide officials and their agents systematically conducted a campaign of misinformation and disinformation regarding the probable chemical composition of the toxic emission from its Bhopal plant and the toxic effects of MIC and its poisonous derivatives on life systems and the environment.

    By misleading Indian authorities on the question of the persistence of toxins and the role of antidotal therapy in the treatment of the gas victims, Union Carbide became liable for the increased mortality and chronic suffering of hundreds of thousands of gas victims.

    Thus, as several activists on the ground have repeatedly pointed out, the trauma and travails faced by the gas victims were compounded by the chaos, indifference and directionlessness prevailing in matters relating to medical relief, rehabilitation, documentation and research. Since the UCC/UCIL had remained totally silent regarding the best possible antidote to MIC-related poisoning and had staunchly opposed the administration of sodium thiosulphate as an antidote, Dr Sriramachari, a leading ICMR scientist had later succinctly observed as follows:

    The moment the Bhopal gas disaster took place, the Union Carbide Company adopted a policy of suppressio vari and suggestio falsi [suppression of truth and suggesting falsehood]. Concerted efforts were made to spread the message of disinformation.” (p. 916)

    Treatment subverted

    Since the very first day of the disaster, autopsies performed by Dr Heersh Chandra and his team from the Medico-Legal Institute attached to the Mahatma Gandhi Medical College at Bhopal revealed characteristic ‘cherry red’ colour of the blood and internal viscera such as the lung and the brain, so there was a strong suspicion about the possibilities of death being caused by hydrogen cyanide (HCN) poisoning. [Figure 3.9, p.15 (2010)]

    These observations were confirmed by the tests conducted Dr Max Daunderer, a German clinical toxicologist, who had arrived in Bhopal on December 4, 1984, to assist with the relief work.

    Dr Daunderer was an expert in handling cyanide poisoning and he had suspected that many of the Bhopal victims may have been victims of acute cyanide poisoning and, therefore, had brought along with him to Bhopal several thousands of vials of sodium thiosulphate as an antidote to treat gas victims.

    Dr Daunderer and Dr Chandra soon confirmed that intravenous injection of sodium thiosulphate solution to seriously injured gas victims led to the excretion in urine of high levels of thiocyanate resulting in detoxification of the body.

    ICMR’s own observations in this regard are pertinent: “Soon the use of sodium thiosulphate (NaTS) injections as an antidote was not only postulated by the visiting German toxicologist, Dr Max Daunderer, but strongly advocated by Prof Heeresh Chandra.

    In fact, even the Union Carbide in its earlier message suggested that in case cyanide poisoning was suspected, NaTS injections could be given in the standard manner, i.e., along with sodium nitrite.

    However, for unknown reasons, very soon this message was withdrawn through the official channels (Mr Dasgupta and Dr Nagu), even though NaTS was not a harmful treatment… Dr Ishwar Das, then health secretary, government of Madhya Pradesh, was a witness to this miraculous therapy. Even then, at the government level, he did not support the treatment.” (Para 3, p. 69)

    Vile ploy

    There were definite motives behind raising objections to the use of sodium thiosulphate as an antidote for treating gas victims. Union Carbide was intent on denying the presence of hydrogen cyanide as one of the pyrolysis products of MIC because the calamitous impact of cyanide poisoning was well known to the public at large since World War II.

    The UCC succeeded in its vile ploy with the aid of the pro-UCC lobby in the government (among whom reportedly were the then director of health services, Dr M.N. Nagu, and the then health secretary Dr Iswar Das, some senior doctors and, of course, their political bosses).

    According to Dr N.R. Bandari (the then medical superintendent of the State-run Hamidia Hospital attached to Gandhi Medical College, Bhopal), as reported in the executive summary (p.5) of Krishna Murti Commission Report, July 1987: “UCC’s medical director initially supported mass administration of thiosulphate but, in another telex message three days later, forbade it.

    Bhopal Gas Tragedy: Forty years of struggle for justice—Part 1
    Soon, Union Carbide’s ally in the state bureaucracy and health services director Dr M.N. Nagu sent a circular to all doctors warning them that they would be held responsible for any untoward consequence. This effectively stopped any further administration of thiosulphate.”

    The literal ban on the use of sodium thiosulphate was imposed despite “a highly level meeting convened by the director of health services in New Delhi on December 11, 1984, and attended by many experts from abroad and home recommending that blood of severely affected cases should be examined for the presence of cyanide and those found positive should be given injection of sodium thiosulphate.”

    Even before the issuance of the said controversial circular by Dr M.N. Nagu on December 13, 1984 (which was in gross violation of the recommendations of the said high-level meeting convened by the directorate of health services on December 11, 1984), Dr Max Daunderer had been hastily deported from India at the behest of the UCC.

    As a result, the gas victims were deprived of a timely and critical treatment that was readily available, which would have not only saved thousands of lives but also arrested aggravation of injuries. Such was the influence of the UCC and the pro-multinational corporation lobby over those at the helm of affairs in India from that time till now!

    Nevertheless, Dr Sriramachai and a dedicated team of doctors from the ICMR did undertake a study to understand the efficacy of sodium thiosulphate therapy. In this regard, in his letter to the Supreme Court of India dated October 5, 1988 in his capacity as chairperson of the Supreme Court Committee that was appointed to look into medical relief and other matters relating to gas victims, Dr Sriramachari has disclosed as follows: “The ICMR undertook the first double blind study towards the end of January 1985.

    There was clear-cut statistically significant evidence that concomitant with clinical improvement there was marked elevation of urinary thiocyanate following the administration of sodium thiosulphate injections. These findings were statistically significant. This evidence constitutes the bedrock for the use of sodium thiosulphate and also a guideline for its subsequent use later as per the press release dated February 12, 1985.” (Para 26, p.87)

    Despite irrefutable evidence that sodium thiosulphate therapy could provide substantial relief to gas victims, and despite the ICMR issuing specific guidelines through its notification dated February 12, 1985, the ICMR found itself helpless in countering the influence of the powerful pro-UCC and anti-sodium thiosulphate therapy lobby within the government.

    Therefore, Dr Sriramachari could only meekly submit as follows: “There were persisting controversies in the medical circles to give or not to give the drug. Certainly, the ICMR can only lay down the guidelines but not impose itself to give or take injections.” (Para 28, p. 87)

    Dr Sriramachari may have later regretted taking such a ridiculous stand! If the ICMR found the therapy to be effective, why did it not take a firm stand regarding its use?

    Not only did the government of Madhya Pradesh fiercely desist from following the guidelines issued by the ICMR regarding sodium thiosulphate therapy but also the state government took punitive action against voluntary organisations (such as forcibly closing down the Jana Swasthya Kendra in Bhopal and arresting its volunteers including doctors on June 24, 1985) for daring to render sodium thiosulphate treatment and other medical aid to gas victims.

    The extent to which the Union and state governments willingly succumbed to UCC’s pressure is just unbelievable!

    Callous attitude

    Production of MIC commenced at Bhopal in February 1980. On December 25, 1981, plant operator Mohammed Ashraf Khan died after being exposed four days earlier to a leak of phosgene gas (a highly toxic chemical used for producing MIC). On February 7, 1982, another phosgene gas leak caused 16 workers to struggle between life and death for several days.

    Due to rising incidents of accidents, a ‘safety week’ was organised from April 14 to April 21, 1982 at the Bhopal plant during which at least 10 accidents were reported. Following the spate of accidents that had taken place previously, the UCC (US) was forced to send a team of safety experts to India to carry out an operational safety survey.

    In their confidential report, the UCC team, which carried out the survey in May 1982, had warned that a leak could occur due to “equipment failure, operation problems or maintenance problems.

    Bhopal Gas Tragedy: Forty years of struggle for justice—Part 1

    But UCC’s ‘safety survey’ team did not comment on the basic design defects of the safety systems that the UCC had installed at the Bhopal plant or question operational irregularities such as keeping the refrigeration unit shut off most of the time and operating it only intermittently during production of MIC and transfer of the same from the storage tank into the Sevin pot.

    In fact, irrefutable evidence was provided by defence witness no. 8, T.R. Raghuraman, who deposed before the court of the chief judicial magistrate, Bhopal, on February 22, 2010 that it was on January 07, 1982 that Warren Woomer (from UCC, US), the then works manager at the UCIL, Bhopal, took the decision to shut off the refrigeration system and to operate it only intermittently.

    According to the said witness, this was evident from the technical instruction note (document no. 37 dated January 12, 1982, exhibit no. 46), which the prosecution has submitted as evidence before the court of the chief judicial magistrate.

    The said witness has also revealed that the UCC’s inspection team that prepared the operational safety survey report in May 1982 had not opposed this decision. Neither accused no. 5, J. Mukund, who succeeded Warren Woomer as works manager at the UCIL, Bhopal, nor any of the other accused officials of the UCIL did anything to reverse the shocking decision, which left huge quantities of MIC (85 tonne) in the storage tanks not at 0o Celsius, as stipulated by UCC’s brochure, titled, Mythyl Isocyanate Manual (F-41443A) (July 1976), and UCIL’s operation safety manuals, but at ambient temperature, which always ranged between 15o Celsius and 40o Celsius.

    Early warnings ignored

    The manner in which UCC officials as well as governmental authorities had totally ignored prior warnings about a potential disaster in Bhopal due to mass storage of ultra-hazardous toxic chemicals at the UCIL is shocking, to say the least.

    Two years before the disaster, Rajkumar Keswani, a Bhopal-based editor and publisher of a Hindi weekly titled Rapat, had sounded the earliest clear warning of an impending catastrophe in Bhopal.

    In the lead article titled “Please Save This City”, which was published on September 17, 1982, Keswani tried to warn the residents of Bhopal of the imminent danger from the UCIL plant and about the possibility of a genocide being unleashed at Bhopal.

    Bhopal Gas Tragedy: Forty years of struggle for justice—Part 1

    Two weeks later, on October 01, 1982, Keswani published yet another warning in the same weekly with the headline: “Bhopal You Are Sitting on the Mouth of a Volcano!”

    But, because the UCIL had such pervasive influence in Bhopal at that time, very few people were willing to heed Keswani’s unequivocal warnings. Yet the alarm that Keswani had raised was timely.

    On October 05, 1982, MIC did escape from a broken valve and seriously injured four workers. People living in nearby colonies also experienced a burning sensation in the eyes and had breathing trouble, because for the first time toxic gases had leaked into their homes. The residents ran away to save their lives and returned only after several hours, as reported in Nav Bharat, Bhopal, on October 7, 1982. Luckily, the leak was controlled in time before it caused further damage.

    Soon after this incident, UCIL’s workers’ union printed hundreds of posters with the following warning: “Beware of fatal accidents. The lives of thousands of workers and citizens are in danger because of poisonous gas. A spurt of accidents in the factory; safety measures deficient.”

    The posters were pasted in the residential areas near the UCIL plant. Keshwani too, in his weekly on October 08, 1982, again sounded an alert: “If you don’t understand, you all shall be wiped out.” These warnings were callously ignored by the authorities.

    The rising sense of insecurity forced Shahnawaz Khan, a Bhopal-based lawyer, to serve a notice to the UCIL management on March 4, 1983, complaining about the danger that the UCIL plant posed to the lives of the workers at the plant, to the population living in the nearby areas and to the environment.

    In his written reply dated March 29, 1983 to the notice sent by Shahnawaz Khan, UCIL’s works manager, J. Mukund, had made tall claims:

    1.) That “all precautions are taken for the safety of persons working in the factory as also those living in the vicinity”; and

    2) That “your allegation that the persons living in the various colonies near to the industrial area remain under constant threat and danger, is absolutely baseless.

    Despite making such self-righteous assertions, Mukund, who is accused no. 5, along with production manager, S.P. Chaudhary, accused no. 7, had the temerity to keep shut all three critical safety systems of the MIC unit at Bhopal.

    They not only kept the refrigeration system shut at the peak of summer, but they also shut off the vent gas scrubber in October 1984 soon after the MIC unit had stopped production after 85 tonnes of highly toxic MIC were stored in the MIC storage tanks. Mukund and Chaudhary then ordered the dismantling of the flare tower for repairs.

    These highly callous and criminally irresponsible steps were taken in deliberate violation of all prescribed safety norms for handling MIC. Although the under-designed safety systems— even if they were in working order— could not have prevented a disaster if the stored MIC had got highly contaminated, the refrigeration system— if it was in operation— would have considerably slowed down the reaction process, thereby providing ample time to the residents near the plant to escape to safety.

    According to a report in the New York Times, January 28, 1985: “If the refrigeration unit had been operating, a senior official of the Indian company said, it would have taken as long as two days, rather than two hours, for the methyl isocyanate reaction to produce the conditions that caused the leak. This would have given plant personnel sufficient time to deal with the mishap and prevent most, if not all, loss of life, he said.”

    Shutting off the refrigeration system was an unpardonable criminal act.

    The post Bhopal Gas Tragedy: Forty Years of Struggle for Justice—Part One appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • 1) Halted Massive Illegal Old Growth Logging in Montana’s Little Belt Mountains.

    Northern Goshawk. Photo: USFS.

    The Alliance stopped the Horsefly logging and burning project in the Little Belt Mountains, north of White Sulphur Springs, Montana, to protect grizzly bear, wolverine, and northern goshawk habitat. The Helena-Lewis and Clark NF called for cutting and burning 10,343 acres—more than 16 square miles. To enable the logging, the Forest Service planned on bulldozing a stunning 40.7 miles of new logging roads. The federal district court ruled in our favor.

    2) Saved Ashley National Forest Roadless Areas from Bulldozers and Chainsaws.

    Ashley National Forest. Photo USFS.

    The Alliance filed a lawsuit to stop a Forest Service plan to bulldoze, log, and burn up to 147,000 acres (230 square miles!) of Inventoried Roadless Areas in the Ashley National Forest in northeast Utah. When faced with our lawsuit, the Forest Service decided to pull the project rather than lose in federal court.

    Although facetiously called a “restoration project,” the Forest Service’s proposal blatantly violated the Federal Roadless Area Conservation Rule, which prohibits the cutting, sale or removal of trees inside Inventoried Roadless Areas except in very limited circumstances.

    3) Stopped 320,000-acre, or 500-square mile, Pine Valley pinyon juniper logging and burning project in the Dixie National Forest in Utah.

    Pinyon Jay. Photo USFWS.

    The Alliance submitted detailed comments outlining the importance of pinyon juniper trees for wildlife, including for the pinyon jay, a bird that is dependent on pinyon pine seed and juniper berries to survive.  Pinyon jay populations have nose-dived, falling by over 85 percent in the last 50 years; mainly due to habitat loss caused by Forest Service and BLM projects.

    4) Challenged Old Growth Logging in the Bitterroot National Forest in Montana.

    Logging site in Montana’s Bitterroot National Forest. Photo: Jeffrey St. Clair.

    The Alliance and Native Ecosystems Council filed a lawsuit in September to stop the Gold Butterfly logging and burning project, east of Corvallis, Montana. The project would destroy wolverine and grizzly bear habitat and bull trout critical habitat in the Sapphire Mountains on the Bitterroot National Forest.

    5) Sued to “Stop the Chop” in Colville National Forest.

    Canada lynx. Photo: USFWS.

    The Alliance filed a lawsuit in federal district court to stop the Forest Service’s Sxwutn-Kaniksu Connections Trail Project which authorizes logging, burning and road bulldozing for the next 20 years across 141 square miles impacting more than 90% of the Colville National Forest within the project area in eastern Washington and on the Idaho border in grizzly bear and lynx habitat.  The Forest Service has agreed to stop starting new logging projects until the Court issues a final ruling.

    6) Filed Lawsuit to Restore Endangered Species Act Protections for Wolves.

    Gray wolf. Photo USFWS

    The goal of state governments in Montana, Idaho, and Wyoming is to once again exterminate wolves from the Northern Rockies. They think the only good wolf is a dead wolf. The goal of our lawsuit is to protect wolves under the Endangered Species Act and to end the slaughter.

    7) Won an Injunction to Stop Logging and Burning in grizzly and lynx habitat on the Beaverhead-Deerlodge National Forest in southwest Montana.

    The Forest Service secretly removed protections for over one million acres of lynx habitat in the Beaverhead-Deerlodge National Forest because it would have stopped habitat destruction projects like this.  Thanks to our great attorneys, the court ruled in our favor.

    8) Took on the Forest Service in Federal Court to protect grizzly and wolverine habitat in the Bitterroot Mountains.

    Wolverine. Photo: USFWS.

    The Alliance filed a lawsuit against the Bitterroot National Forest challenging the Mud Creek Project early last year. Over the course of 20 years, the project would commercially log 13,700 acres—including 4,800 acres of clearcuts in areas with mature and old growth forests—and would intentionally burn an additional 40,360 acres of National Forest lands in southwest Montana.

    9) Fought to get a Court Order requiring the Fish and Wildlife Service to Proceed with Grizzly Bear Recovery in the Bitterroot ecosystem in central Idaho and western Montana.

    Grizzly. Photo USFWS.

    The Alliance won a big victory in federal district court when the court ordered the U.S. Fish and Wildlife Service to move forward on recovering grizzly bears in this region, as required by the Endangered Species Act.

    10) Still working to protect all Greater Yellowstone Wilderness Study Areas as Wilderness.

    There’s a big controversy right now over the future of hundreds of thousands of acres of Forest Service lands abutting Yellowstone National Park and comprising the core of the Greater Yellowstone Ecosystem. These lands are primarily in the Gallatin and Madison ranges, which are facing increasing pressures from a variety of development and recreational pressures.

    The Alliance is fighting to pass the Northern Rockies Ecosystem Protection Act, S. 1531, which would protect all Greater Yellowstone Wilderness Study Areas as Wilderness along with designating all roadless areas in the Northern Rockies as Wilderness.

    What’s Next? Our attorneys are working hard to file three new lawsuits to stop even more proposed logging and clearcutting projects in grizzly, lynx, and wolverine habitat.

    In addition to working on filing new lawsuits, our attorneys are waiting on court rulings challenging the East Paradise grazing project, the South Plateau logging project on the border of Yellowstone National Park, and the Hanna Flats project in the Idaho Panhandle National Forest. And finally, we submitted comments to several dozen individual projects proposed by the Forest Service and BLM for wild lands across the Northern Rockies region.

    Please consider donating on Giving Tuesday to help the Alliance for the Wild Rockies and Counterpunch do more in 2025. We and our planet need your help.

    Thank you for supporting our efforts to protect the Northern Rockies ecosystem.

    The post Top Ten Things Alliance for the Wild Rockies Did to Protect the Northern Rockies Ecosystem in 2024 appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • Burning piles in the Gallinas Canyon Piles Prescribed Burn 2022 unit on January 12, 2022, Santa Fe National Forest. Photo: USDA Forest Service

    In April of 2022, three wildfires were ignited in the Santa Fe National Forest by three separate US Forest Service escaped prescribed burns. 378,000 acres of the Santa Fe National Forest, Carson National Forest and private lands were burned. As a result of the two larger of these fires, the Calf Canyon Fire and the Hermits Peak Fire, entire communities were catastrophically impacted – 900 structures including 340 homes were burned down, thousands of people were displaced, and a traditional way of life was forever altered. Three people died in the aftermath of the fire from post-fire flooding. The cost of recovery efforts will be well over $5 billion. It is unknown how much conifer regeneration will occur on the approximately 82,000 acres that burned at high severity.

    Although a review of the causes of Hermits Peak Fire was released in June of 2022, I had been waiting for two and a half years for the analysis of the more impactful Calf Canyon Fire to be released. It was strangely delayed.

    As most know, the Forest Service prescribed burn that ignited the Hermits Peak Fire was a broadcast burn, set during a New Mexico spring high wind pattern with red flag warnings in effect in nearby areas. This prescribed fire escaped due to winds and dry vegetation, and it was declared a wildfire on April 6. The Calf Canyon Fire was ignited by piles of thinning debris that had been burned during the winter and had not been fully extinguished. Some of the smoldering piles flared up months later in the spring winds. By the time the Calf Canyon Fire was declared a wildfire on April 19, the Hermits Peak Fire had been considered to be contained. However, the winds also fanned up the Hermits Peak Fire again.

    The two fires proceeded to burn side-by-side to the northeast with the prevailing winds, and then merged during another major wind event on April 23. The Hermits Peak/Calf Canyon Fire continued until late June, at which point it had burned over 533 square miles within three counties.

    Map showing the Hermits Peak and Calf Canyon Fire perimeters on April 23, when they were starting to merge. USDA Forest Service

    Recently, the Forest Service quietly released its review of the Calf Canyon Fire. The implications are stunning and yet unsurprising to conservationists who have been critical of the forest management strategy of aggressive cutting and over-burning for years. There was clearly human error involved, but what is most apparent is that the basic paradigm the Forest Service is currently employing to “manage” forests is highly flawed and backfiring – and in the case of the Hermits Peak/Calf Canyon Fire, it backfired spectacularly.

    The Forest Service implemented the prescribed burns that ignited the Hermits Peak/Calf Canyon fire largely out of concern for the City of Las Vegas’ water system and water quality. The Calf Canyon fire review states “In May of 2000, the Viveash Fire highlighted the vulnerability of the city’s water system when a small portion of the wildfire burning in the Cow Creek drainage burned into the Gallinas Canyon Watershed. This high-severity wildfire resulted in dramatic impacts to the Las Vegas, New Mexico city water quality.” In 2006, in order to protect the Las Vegas water system from further impacts, the agency proposed and then later proceeded with implementation of the Gallinas Municipal Watershed Wildland Urban Interface Project. The primary purpose of the Project was to reduce the severity of future wildland fires by aggressively cutting mixed conifer and applying prescribed fire. The Project Decision states that the potential for an escaped prescribed burn was one of three key issues.

    The ranger who signed the project decision told me that he did not want broadcast prescribed burns included in the project plan because he believed it was too risky. He said that he wanted the post-cutting debris management to include only pile burns and chipping. However, he was under pressure from Forest Service higher ups to include broadcast burns in the project plan, to the extent that he believed his career was on the line if he did not. He had a family to support, and so he complied.

    The Hermits Peak/Calf Canyon Fire occurred due to escaped prescribed burns resulting from the implementation of this project, and it ultimately caused much more destruction to Las Vegas water quality than did the Viveash Fire. The fire burned extensive areas of the Gallinas watershed, the primary source for the city’s water, and contaminated it with ash and sediment. The contamination is still ongoing and very expensive to contend with.

    A primary “lesson learned” provided by the Calf Canyon Fire review team was that the aggressive mechanical thinning opened up the tree canopy, exposing the forest floor to more solar radiation. This resulted in an increased rate of snowpack evaporation and snowmelt – thereby drying out the treated landscapes. Additionally, the review states that the open canopy may have increased “windthrow,” which means that trees which were formerly structurally supported by nearby trees were blown over in strong winds. The downed trees provided more fuel on the ground that spread fire from the burning piles.

    A 2018, and subsequent 2021, wind event resulted in additional downed timber in the Gallinas Pile Burn Unit. Note the broken stems; these were broken off in the wind events. This picture does not depict the snow conditions the day of ignition. Photo: USDA Forest Service

    Such unintended consequences are what conservation organizations and scientists had been warning of. Further drying out forests while the climate is becoming both hotter and drier is not a sound approach. Aggressively dismantling existing forest structures in an effort to create “healthy” and fire-resistant forest has serious side effects, and the Calf Canyon Fire review demonstrates that it’s not necessarily possible to compensate for such effects.

    The review states that the Forest Service followed “lessons learned” from a prior pile burn escape in the same area in 2018 by carrying out the pile burns in January, and making sure there was a continuous snowpack around the burn piles. Burning piles under such conditions was much better than burning when conditions were dry, but was not sufficient to prevent a wildfire in 2022 that was exponentially larger and hotter than the 2018 pile burn escape.

    The Hermits Peak Fire review states that the Forest Service felt compelled to complete the prescribed burn that ignited that fire after numerous delays, despite clearly marginal burn conditions. The delays included government shutdowns, the global pandemic, and a court injunction due to the Forest Service’s non-compliance with Mexican Spotted Owl regulations. The Calf Canyon Fire review states that a primary factor in the Forest Service’s inability to contain the spreading fire from the burn piles early on was a lack of resources both for monitoring burn piles for escaping fire, and for fire suppression. This incapacity was largely due to the already limited resources having been taken up by the Hermits Peak Fire.

    In the Forest Service’s January 2022 publication, “Confronting the Wildfire Crisis: A Strategy for Protecting Communities and Improving Resilience in America’s Forests,” the agency made its case for the strategy of greatly increasing logging and burning forests, up to four times the current levels in some areas. This mandate was fiscally supported by Congress through the Infrastructure Investment and Jobs Act, with 3.5 billion dollars allocated for “forest management.” Yet somehow the Forest Service continues to be understaffed and under equipped. It’s simple math – the agency can’t safely expand the amount and frequency of forest cutting and burning treatments without a corresponding increase in personnel and equipment.

    During the two weeks prior to the declaration of the Calf Canyon Fire, the escaping burn piles were being monitored by aerial overflights, utilizing infrared heat-detecting technology. The data obtained from these overflights was not enough to prevent the Calf Canyon Fire from breaking out in the New Mexico spring high winds. The Calf Canyon Fire Review contains the recommendation that “Where feasible, investigate and utilize new remote sensing technologies (remote cameras and software) for monitoring pile burning.” Currently there are very few monitoring overflights per year in the Santa Fe National Forest due to the lack of personnel and equipment, and infrared heat-detecting technology is limited and cannot identify heat deep under piles or down in the ground where smoldering can persist for months.

    While I was waiting for the Calf Canyon Fire review to be released, I mused about why the Forest Service did not completely extinguish all the burn piles in early April, when some of the piles were known to be spreading fire – knowing that in this region high winds are the norm in April. The review provided some insight into my question.

    The review describes the intense winds during the incident. “April 9th was the beginning of a very windy and dry period with Red Flag Warnings issued almost every day through April 22nd.” The Calf Canyon Incident Commander described the circumstances under which they were attempting to extinguish the burning piles:

    “We found two to three smoldering stump holes burning that were interior. We opened them up and worked on them and cold trailed the area (feeling for heat with hands and digging out any live spots) to be sure they were completely dead out.” The IC observed that there was “smoke below the soil”, from underground roots and stumps. Resources gridded up and back on hands and knees through the fire area making six passes. Ash pelted their faces each time they would turn to look back…. “Every time I turned my head to talk to those behind me, a cloud of ash would hit me in the face because the wind was blowing so hard”….“I still have what I call Calf Canyon cough from that day.”

    Conditions during the incident were such that the situation quickly became unmanageable, despite the intensive efforts of those on the ground. Fire was spreading underground along tree roots and surfacing as the winds fanned the flames. This points to the inherent risks of implementing pile burns in this dry and windy region.

    The Calf Canyon Fire review makes it clear that treating dry forests in this region with aggressive cutting and burning may have many more adverse consequences than benefits. In the past 25 years, the majority of acres burned in the Santa Fe National Forest were ignited by either Forest Service or National Park Service escaped prescribed burns.

    An additional consequence of the Forest Service continuing to go forward with widespread and aggressive fuels treatments is the increasing mistrust and hostility from the public. During the past two falls, the agency had intended to implement a prescribed burn in the North Aztec Springs area, just outside of Santa Fe. This burn would take place near a development of homes. Local residents went to meetings with the Forest Service about the potential burn, expressing high levels of fear and anger. During the fall of 2023, conditions were very wrong for such a burn, with strong winds, legacy slash piles remaining unburned in the area, and the only egress in case of a prescribed burn escape partially blocked by utility work. Residents were appalled that after the Hermits Peak/Calf Canyon Fire, the Forest Service would even consider implementing a burn under such risky conditions. This past fall, conditions seemed much better, but this year’s meeting about the burn was just as contentious, if not more so, than last year’s. The burn was again postponed.

    At this point it appears that the Forest Service intends to go forward with largely the same forest management strategies as before the Hermits Peak/Calf Canyon Fire impacted forest and residents so severely. However, a lesson learned from the Calf Canyon Fire review team was, “As landscapes, or stands, become further removed from their normal range of historical variability (RHV), incrementally changing the stand structure, albeit more expensive, is more prudent than dramatic shifts. Several entries may be required to achieve the desired result.” This recommendation indicates that the Forest Service is at least beginning to understand that the sheer amount and intensity of treatments they have been implementing are a serious risk to both forests and local communities. Aggressive treatments are a “shock to the system” that undermines forest heath.

    Since the Calf Canyon/Hermits Peak Fire, there are new procedures in place and generally more caution being applied to planning of treatments, but the fundamental strategy of aggressively removing large amounts of biomass from dry forests, and then burning at overly-frequent intervals, has not been substantially re-examined. This strategy must be reconsidered from the roots up – the warming climate requires this. If cutting and burning treatments are found to be genuinely indicated in some situations, such treatments must be done with an understanding of the impacts and risks to the specific ecosystem being considered for treatment. It’s critical that sufficient canopy cover and natural understory be left remaining, so that the treated forest ecosystems will retain moisture instead of drying out and becoming even more flammable. Conservation strategies should be utilized to assist forest ecosystems in retaining moisture.

    It is incumbent upon the Forest Service to work together with conservation organizations and conservation scientists to develop a holistic land management strategy that truly protects both forests and communities. The stakes are too high to do less.

    Burned Area Emergency Response specialist assessing soil burn severity in Tecolote Creek Headwaters, within the Hermits Peak/Calf Canyon Fire burn area. Photo: Inciweb.

    The post The Calf Canyon Fire Review: an Indictment of the Forest Service’s Land Management Strategy appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • SPECIAL REPORT: By Doug Dingwall of ABC Pacific

    A landmark case that began in a Pacific classroom and could change the course of future climate talks is about to be heard in the International Court of Justice (ICJ).

    The court will begin hearings involving a record number of countries in The Hague, in the Netherlands, today.

    Its 15 judges have been asked, for the first time, to give an opinion about the obligations of nations to prevent climate change — and the consequences for them if they fail.

    The court’s findings could bolster the cases of nations taking legal action against big polluters failing to reduce emissions, experts say.

    They could also strengthen the hand of Pacific Island nations in future climate change negotiations like COP.

    Vanuatu, one of the world’s most natural disaster-prone nations, is leading the charge in the international court.

    The road to the ICJ — nicknamed the “World Court” — started five years ago when a group of University of the South Pacific law students studying in Vanuatu began discussing how they could help bring about climate action.

    “This case is really another example of Pacific Island countries being global leaders on the climate crisis,” Dr Wesley Morgan, a research associate with UNSW’s Institute for Climate Risk and Response, said.

    “It’s an amazing David and Goliath moment.”

    The UN's top court, the International Court of Justice (ICJ), is housed in the Peace Palace in The Hague, Netherlands.
    Environmental advocates and lawyers from around the world will come to the International Court of Justice for the court case. Image: CC BY-SA 4.0/ Velvet

    Meanwhile, experts say the Pacific will be watching Australia’s testimony today closely.

    So what is the court case about exactly, and how did it get to this point?

    From classroom to World Court
    Cynthia Houniuhi, from Solomon Islands, remembers clearly the class discussion where it all began.

    Students at the University of the South Pacific’s campus in Vanuatu’s capital, Port Vila, turned their minds to the biggest issue faced by their home countries.

    While their communities were dealing with sea level rise and intense cyclones, there was an apparent international “deadlock” on climate change action, Houniuhi said.

    And each new report from the Intergovernmental Panel on Climate Change painted a bleak picture of their futures.

    “These things are real to us,” Hounhiuhi said. “And we cannot accept that . . .  fate in the IPCC report.

    “[We’re] not accepting that there’s nothing we can do.”

    Their lecturer tasked them with finding a legal avenue for action. He challenged them to be ambitious. And he told them to take it out of their classroom to their national leaders.

    So the students settled on an idea: Ask the World Court to issue an advisory opinion on the obligations of states to protect the climate against greenhouse gas emissions.

    “That’s what resonated to us,” Houniuhi, now president of Pacific Islands Students Fighting Climate Change, said.

    Ngadeli village in Temotu Province, Solomon Islands, is threatened by sea level rise.
    Students were motivated to take action after seeing how sea level rise had affected communities across the Pacific. Image: Britt Basel/RNZ Pacific

    They sent out letters to Pacific Island governments asking for support and Vanuatu’s then-Foreign Minister Ralph Regenvanu agreed to meet with the students.

    Vanuatu took up the cause and built a coalition of countries pushing the UN General Assembly to send the matter to its main judicial body, the International Court of Justice, for an advisory opinion.

    In March last year, they succeeded when the UN nations unanimously adopted the resolution to refer the case — a historic first for the UN General Assembly.

    World leaders, activists and other influential voices have gathered at UNHQ for the 78th session of the UN General Assembly.
    Speakers at the UN General Assembly hailed the decision to send the case to the International Court of Justice as a milestone in a decades-long struggle for climate justice. Image: X/@UN

    It was a decision celebrated with a parade on the streets of Port Vila.

    Australian National University professor in international law Dr Donald Rothwell said Pacific nations had already overcome their biggest challenge in building enough support for the case to be heard.

    “From the perspective of Vanuatu and the small island and other states who brought these proceedings, this is quite a momentous occasion, if only because these states rarely have appeared before the International Court of Justice,” he said.

    “This is the first occasion where they’ve really had the ability to raise these issues in the World Court, and that in itself will attract an enormous amount of global attention and raise awareness.”

    Dr Sue Farran, a professor of comparative law at Newcastle University in the United Kingdom, said getting the case before the ICJ was also part of achieving climate justice.

    “It’s recognition that certain peoples have suffered more than others as a result of climate change,” she said.

    “And justice means addressing wrongs where people have been harmed.”

    A game changer on climate?
    Nearly 100 countries will speak over two weeks of hearings — an unprecedented number, Professor Rothwell said.

    Each has only a short, 30-minute slot to make their argument.

    The court will decide on two questions: What are the obligations of states under international law to protect the climate and environment from greenhouse gas emissions?

    And, what are the legal consequences for states that have caused significant harm to the climate and environment?

    Vanuatu will open the hearings with its testimony.

    Regenvanu, now Vanuatu’s special envoy on climate change, said the case was timely in light of the last COP meeting, where financial commitments from rich, polluting nations fell short of the mark for Pacific Islands that needed funding to deal with climate change.

    Ralph Regenvanu, leader of the opposition in Vanuatu.
    Vanuatu’s climate change envoy Ralph Regenvanu said the ICJ case was about climate justice. Image: Hilaire Bule/RNZ Pacific

    For a nation hit with three cyclones last year — and where natural disaster-struck schools have spent months teaching primary students in hot UNICEF tents – the stakes are high in climate negotiations.

    “We just graduated from being a least-developed country a few years ago,” Regenvanu said.

    “We don’t have the financial capacity to build back better, build back quicker, respond and recover quicker.

    “We need the resources that other countries were able to attain and become rich through fossil fuel development that caused this crisis we are now facing.

    “That’s why we’re appearing before the ICJ. We want justice in terms of allowing us to have the same capacity to respond quickly after catastrophic events.”

    He said the advisory opinion would stop unnecessary debates that bog down climate negotiations, by offering legal clarity on the obligations of states on climate change.

    Cyclone Lola damage West Ambrym, on Ambrym island in Vanuatu
    Three cyclones struck Vanuatu in 2023, including Tropical Cyclone Lola, which damaged buildings on Ambrym Island. Image: Sam Tasso/RNZ Pacific

    It will also help define controversial terms, such as “climate finance” — which developing nations argue should not include loans.

    And while the court’s advisory opinion will be non-binding, it also has the potential to influence climate change litigation around the world.

    Dr Rothwell said much would depend on how the court answered the case’s second question – on the consequences for states that failed to take climate action.

    He said an opinion that favoured small island nations, like in the Pacific Islands, would let them pursue legal action with more certainty.

    “That could possibly open up a battleground for major international litigation into the future, subject to how the [International Court of Justice] answers that question,” he said.

    Regenvanu said Vanuatu was already looking at options it could take once the court issues its advisory opinion.

    “Basically all options are on the table from litigation on one extreme, to much clearer negotiation tactics, based on what the advisory opinion says, at the forthcoming couple of COPs.”

    ‘This is hope’
    Vanuatu brought the case to the ICJ with the support of a core group of 18 countries, including New Zealand, Germany, Bangladesh and Singapore.

    Australia, which co-sponsored the UN resolution sending the case to the ICJ, will also speak at today’s hearings.

    “Many will be watching closely, but Vanuatu will be watching more closely than anyone, having led this process,” Dr Morgan said.

    A Department of Foreign Affairs and Trade spokesperson said Australia had engaged consistently with the court proceedings, reflecting its support for the Pacific’s commitment to strengthening global climate action.

    Some countries have expressed misgivings about taking the case to the ICJ.

    The United States’ representative at the General Assembly last year argued diplomacy was a better way to address climate change.

    And over the two weeks of court hearings this month, it’s expected nations contributing most to greenhouse gases will argue for a narrow reading of their responsibilities to address climate change under international law — one that minimises their obligations.

    Other nations will argue that human rights laws and other international agreements — like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights — give these nations larger obligations to prevent climate change.

    Professor Rothwell said it was hard to predict what conclusion the World Court would reach — and he expected the advisory opinion would not arrive until as late as October next year.

    “When we’re looking at 15 judges, when we’re looking at a wide range of legal treaties and conventions upon which the court is being asked to address these questions, it’s really difficult to speculate at this point,” he said.

    “We’ll very much just have to wait and see what the outcome is.”

    There’s the chance the judges will be split, or they will not issue a strong advisory opinion.

    But Regenvanu is drawing hope from a recent finding in a similar case at the International Tribunal of the Law of the Sea, which found countries are obliged to protect the oceans from climate change impacts.

    “It’s given us a great deal of validation that what we will get out of the ICJ will be favourable,” he said.

    For Houniuhi, the long journey from the Port Vila classroom five years ago is about to lead finally to the Peace Palace in The Hague, where the ICJ will have its hearings.

    Houniuhi said the case would let her and her fellow students have their experiences of climate change reflected at the highest level.

    But for her, the court case has another important role.

    “This is hope for our people.”

    Republished from ABC Pacific with permission and RNZ Pacific under a community partnership.

    This post was originally published on Asia Pacific Report.

  • On Papuan Independence Day, the focus is on discussing protests against Indonesia’s transmigration programme, environmental destruction, militarisation, and the struggle for self-determination. Te Aniwaniwa Paterson reports.

    By Te Aniwaniwa Paterson of Te Ao Māori News

    On 1 December 1961, West Papua’s national flag, known as the Morning Star, was raised for the first time as a declaration of West Papua’s independence from the Netherlands.

    Sixty-three years later, West Papua is claimed by and occupied by Indonesia, which has banned the flag, which still carries aspirations for self-determination and liberation.

    The flag continues to be raised globally on December 1 each year on what is still called “Papuan Independence Day”.

    Region-wide protests
    Protests have been building in West Papua since the new Indonesian President Prabowo Subianto announced the revival of the Transmigration Programme to West Papua.

    This was declared a day after he came to power on October 21 and confirmed fears from West Papuans about Prabowo’s rise to power.

    This is because Prabowo is a former general known for a trail of allegations of war crimes and human rights abuses in West Papua and East Timor to his name.

    Transmigration’s role
    The transmigration programme began before Indonesia gained independence from the Dutch colonial government, intended to reduce “overcrowding” in Java and to provide a workforce for plantations in Sumatra.

    After independence ended and under Indonesian rule, the programme expanded and in 1969 transmigration to West Papua was started.

    This was also the year of the controversial “Act of Free Choice” where a small group of Papuans were coerced by Indonesia into a unanimous vote against their independence.

    In 2001 the state-backed transmigration programme ended but, by then, over three-quarters of a million Indonesians had been relocated to West Papua. Although the official transmigration stopped, migration of Indonesians continued via agriculture and development projects.

    Indonesia has also said transmigration helps with cultural exchange to unite the West Papuans so they are one nation — “Indonesian”.

    West Papuan human rights activist Rosa Moiwend said in the 1980s that Indonesians used the language of “humanising West Papuans” through erasing their indigenous identity.

    “It’s a racist kind of thing because they think West Papuans were not fully human,” Moiwend said.

    Pathway to environmental destruction
    Papuans believe this was to dilute the Indigenous Melanesian population, and to secure the control of their natural resources, to conduct mining, oil and gas extraction and deforestation.

    This is because in the past the transmigration programme was tied to agricultural settlements where, following the deforestation of conservation forests, Indonesian migrants worked on agricultural projects such as rice fields and palm oil plantations.

    Octo Mote is the vice-president of the United Liberation Movement for West Papua (ULMWP). Earlier this year Te Ao Māori News interviewed Mote on the “ecocide and genocide” and the history of how Indonesia gained power over West Papua.

    The ecology in West Papua was being damaged by mining, deforestation, and oil and gas extraction, he said. Mote said Indonesia wanted to “wipe them from the land and control their natural resources”.

    He emphasised that defending West Papua meant defending the world, because New Guinea had the third-largest rainforest after the Amazon and Congo and was crucial for climate change mitigation as they sequester and store carbon.

    Concerns grow over militarisation
    Moiwend said the other concern right now was the National Strategic Project which developed projects to focus on Indonesian self-sufficiency in food and energy.

    Merauke Integrated Food and Energy Estate (MIFEE) started in 2011, so isn’t a new project, but it has failed to deliver many times and was described by Global Atlas of Environmental Justice as a “textbook land grab”.

    The mega-project includes the deforestation of a million hectares for rice fields and an additional 600,000 hectares for sugar cane plantations that will be used to make bioethanol.

    The project is managed by the Ministry of Defense and the Ministry of Agriculture, and the private company, Jhonlin Group, owned by Haji Andi Syamsuddin Arsyad. Ironically, given the project has been promoted to address climate issues, Arsyad is a coal magnate, a primary industry responsible for man-made climate change.

    Recently, the Indonesian government announced the deployment of five military battalions to the project site.

    Conservation news website Mongabay reported that the villages in the project site had a population of 3000 people whereas a battalion consisted of usually 1000 soldiers, which meant there would be more soldiers than locals and the villagers said it felt as if their home would be turned into a “war zone”.

    Merauke is where Moiwend’s village is and many of her cousins and family are protesting and, although there haven’t been any incidents yet, with increased militarisation she feared for the lives of her family as the Indonesian military had killed civilians in the past.

    Destruction of spiritual ancestors
    The destruction of the environment was also the killing of their dema (spiritual ancestors), she said.

    The dema represented and protected different components of nature, with a dema for fish, the sago palm, and the coconut tree.

    Traditionally when planting taro, kumara or yam, they chanted and sang for the dema of those plants to ensure an abundant harvest.

    Moiwend said they connected to their identity through calling on the name of the dema that was their totem.

    She said her totem was the coconut and when she needed healing she would find a coconut tree, drink coconut water, and call to the dema for help.

    There were places where the dema lived that humans were not meant to enter but many sacred forests had been deforested.

    She said the Indonesians had destroyed their food sources, their connection to their spirituality as well destroying their humanity.

    “Anim Ha means the great human being,” she said, “to become a great human being you have to have a certain quality of life, and one quality of life is the connection to your dema, your spiritual realm.”

    Te Aniwaniwa Paterson is a digital producer for Te Ao Māori News. Republished with permission.

    Raising the West Papuan Morning Star flag in Tamaki Makaurau in 2023
    Raising the West Papuan Morning Star flag in Tāmaki Makaurau in 2023. Image: Te Ao Māori News

    This post was originally published on Asia Pacific Report.

  • “Runaway ice loss causing rapid and catastrophic sea level rise is possible within our lifetimes.” (Source: “Our Science, Your Future: Next Generation of Antarctic Scientists Call for Collaborative Action,” Australian Antarctic Research Conference, November 22, 2024)

    Hundreds of scientists gathered in Australia for an “emergency summit” within the auspices of the inaugural Australian Antarctic Research Conference d/d November 2024. This gathering of 450 mostly “early-career” polar scientists flexed scientific muscles to alert the world to the what’s happening to our planet, taking off the gloves and coming out swinging. They claim we’re got a bigger problem than generally realized: “Efforts to slow down climate change through coordinated global action are paramount to protect the future of Australia, Antarctica, and our planet,” Ibid.

    “The experts’ conclusion, published as a press statement, is a somber one: if we don’t act, and quickly, the melting of Antarctica ice could cause catastrophic sea levels rise around the globe.” (Source: Emergency Meeting Reveals the Alarming Extent of Antarctica’s Ice Loss, Earth.com, Nov. 24, 2024)

    According to the polar scientists: “The services of the Southern Ocean and Antarctica — oceanic carbon sink and planetary air-conditioner — have been taken for granted. Global warming-induced shifts observed in the region are immense. Recent research has shown record-low sea ice, extreme heatwaves exceeding 40°C (72°F) above average temperatures, and increased instability around key ice shelves. Shifting ecosystems on land and at sea underscore this sensitive region’s rapid and unprecedented transformations. Runaway ice loss causing rapid and catastrophic sea-level rise is possible within our lifetimes. Whether such irreversible tipping points have already passed is unknown.” (Our Science, Your Future)

    The scientists are calling for society to set immediate targets to “bend the carbon curve.” Failure to do so will commit generations to unpredictable, unstoppable sea level rise, likely beyond current expectations. Drastic action is necessary before it’s too late, calling for immediate reduction of emissions, CO2.

    Coastline Megacities at Risk

     However, reducing emissions is likely impossible unless and until major governmental authorities force the issue. Voluntary commitments to cut GHG (greenhouse gases) have not worked for over 30 years. Pledges by more than 150 nations to voluntarily cut emissions at the celebrated Paris 2015 UN climate meeting have flopped like a house of cards.

    Meanwhile, residents of vulnerable coastal cities may need to consider forcing the issue by forming Citizen Action Flood Prevention Committees to pressure local, state, and federal officials to take immediate measures to protect valuable real estate that’s subject to turning worthless. These committees could be supported by petitions signed by residents, demanding political action to take mitigation measures to protect their coastlines. For example, would nearly 100% of the residents of Miami Beach sign, maybe. And, how about residents of Jersey City? Maybe yes. And onward….

    According to Earth.org, coastal megacities are at serious risk, e.g., Bangkok, Amsterdam, Ho Chi Minh City, Cardiff (UK), New Orleans, Manila, London, Shenzhen, Hamburg, and Dubai as well as megacities Miami and New York City. Many Florida and East Coast cities are high risk, e.g., Ft. Lauderdale, Norfolk, Hampton, Charleston, Cambridge, Jersey City, Chesapeake, Boston, Tampa, Palm Beach. It’s a long list.

    Unless and until citizen committees authorized by locals with demands en masse are presented to and accepted by local, state, and national policymakers and acted upon, according to a highly regarded analysis by The Universal Ecological Fund, working with climate scientists from the Intergovernmental Panel on Climate Change, The Truth Behind the Climate Pledges:  “An environmental and economic disaster from human-induced climate change is on the horizon. An analysis of current commitments to reduce emissions between 2020 and 2030 shows that almost 75 percent of the climate pledges are partially or totally insufficient to contribute to reducing GHG emissions by 50 percent by 2030, and some of these pledges are unlikely to be achieved.”

    Moreover, the situation at hand is double trouble as the oil and gas industry has already committed to rapid expansion of fossil fuels at the same time as major corporations are turning up their noses at prior commitments. Climate change has lost its cachet at the worst possible moment: “In February 2024, three major investment companies stepped back from efforts to limit climate-damaging emissions. JPMorgan Chase’s and State Street’s investment arms have both quit a global investor alliance encouraging companies to avoid emissions, and BlackRock has largely limited its involvement. These companies aren’t the only ones backing out on climate agreements. In 2023, Amazon dropped an effort to zero out emissions of half its shipments by 2030, BP scaled back on its plan to reduce emissions by 35 percent by the end of 2030 and Shell Oil dropped an initiative to build a pipeline of carbon credits and other carbon-absorbing projects. Hundreds of companies across the world are backtracking on commitments toward green policies, despite growing concerns that the planet is reaching a crisis point.” (Source: “Why Are Companies Reneging On Emissions Reduction?” Earth Talk, April 11, 2024)

    Recent headlines tell the story: “Top Companies Exaggerating Their progress” (BBC) “When Companies Reverse Their Climate Commitments” (Yale Insights) Net Zero “Promises from Major Corporations Fall Short” (NBC News) “Oil Companies Are Still Committed to Burn the Planet Down” (Jacobin). A comprehensive list of reneging corporate interests is astonishing.

    Making matters more challenging yet, the polar scientists are severely compromised by politics, to wit: “Far-right parties opposing climate action are gaining significant momentum worldwide, especially in Western nations including Argentina, Italy, France, Germany, the Netherlands, and the UK. It is particularly noteworthy that despite their differing domestic agendas, these parties are unified in their resistance to climate initiatives.” (Source: “The Betrayal: Why the Far Right Abandoned Action on Climate Change,” Oxford Political Review, 18 June 2024)

    “The contemporary far-right’s turn against the environment is a major break from the past. During the 1980s, traditional conservatives, like Ronald Reagan and Margaret Thatcher, showed an interest in addressing environmental issues,” Ibid.

    The World at a Crossroads

    Which will it be? The choice is crystal clear. There are two and only two: (1) Fight dangerous climate change by stopping fossil fuel CO2 emissions now, or (2) Bale-out flooded megacities down the road?

    Based upon data from the Intergovernmental Panel on Climate Change 6th Assessment and multiple lines of evidence, current and future emissions will determine the amount of additional sea level rise: the greater the emissions, the greater the warming, and the greater the likelihood of higher sea levels. Based upon emissions to date, two feet of sea level rise will likely occur along the U.S. coastline between 2020 and 2100. That’s already baked into the cake. Failing to curb future emissions could add an additional 1.5 to 5 feet of rise, for a total of 3.5 to 7 feet. (Source: U.S. Sea Level Change, USGS Technical Report, 2022)

    The USGS 2022 Technical Report, as outlined in the preceding paragraph, is now choking on the dust of two-years of the hottest 24 months on record, smashing all records with 2023 +1.48C hotter and January-September 2024 +1.54C above the pre-industrial average. A USGS technical update today would almost certainly add to sea level rise projections. Thus, prompting an obvious concern: Is global warming already getting out of hand?

    Which way will society turn: (1) stop fossil fuel emissions now, or (2) bale-out flooded megacities later? And would that even be possible?

    450 polar scientists are not scaremongers. They’re professionals that are deadly serious. We’ve got a much bigger problem than generally realized.

    The post Emergency Summit re Antarctic Meltdown first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • By Sera Sefeti in Baku, Azerbaijan

    As the curtain fell at the UN climate summit in Baku last Sunday, frustration and disappointment engulfed Pacific delegations after another meeting under-delivered.

    Two weeks of intensive negotiations at COP29, hosted by Azerbaijan and attended by 55,000 delegates, resulted in a consensus decision among nearly 200 nations.

    Climate finance was tripled to US $300 billion a year in grant and loan funding from developed nations, far short of the more than US $1 trillion sought by Least Developed Countries and Small Island Developing States.

    COP29 BAKU, 11-22 November 2024
    COP29 BAKU, 11-22 November 2024

    “We travelled thousands of kilometres, it is a long way to travel back without good news,” Niue’s Minister of Natural Resources Mona Ainu’u told BenarNews.

    Three-hundred Pacific delegates came to COP29 with the key demands to stay within the 1.5-degree C warming goal, make funds available and accessible for small island states, and cut ambiguous language from agreements.

    Their aim was to make major emitters pay Pacific nations — who are facing the worst effects of climate change despite being the lowest contributors — to help with transition, adaptation and mitigation.

    “If we lose out on the 1.5 degrees C, then it really means nothing for us being here, understanding the fact that we need money in order for us to respond to the climate crisis,” Tuvalu’s Minister for Climate Change Maina Talia told BenarNews at the start of talks.

    PNG withdrew
    Papua New Guinea withdrew from attending just days before COP29, with Prime Minister James Marape warning: “The pledges made by major polluters amount to nothing more than empty talk.”

    20241117 SPC Miss Kiribati.jpg
    Miss Kiribati 2024 Kimberly Tokanang Aromata gives the “1.5 to stay alive” gesture while attending COP29 as a youth delegate earlier this month. Image: SPC/BenarNews

    Fiji’s lead negotiator Dr Sivendra Michael told BenarNews that climate finance cut across many of the committee negotiations running in parallel, with parties all trying to strategically position themselves.

    “We had a really challenging time in the adaptation committee room, where groups of negotiators from the African region had done a complete block on any progress on (climate) tax,” said Dr Michael, adding the Fiji team was called to order on every intervention they made.

    He said it’s the fourth consecutive year adaptation talks were left hanging, despite agreement among the majority of nations, because there was “no consensus among the like-minded developing countries, which includes China, as well as the African group.”

    Pacific delegates told BenarNews at COP they battled misinformation, obstruction and subversion by developed and high-emitting nations, including again negotiating on commitments agreed at COP28 last year.

    Pushback began early on with long sessions on the Global Stock Take, an assessment of what progress nations and stakeholders had made to limit global warming to 1.5 degrees C.

    “If we cannot talk about 1.5, then we have a very weak language around mitigation,” Tuvalu’s Talia said. “Progress on finance was nothing more than ‘baby steps’.”

    Pacific faced resistance
    Pacific negotiators faced resistance to their call for U.S.$39 billion for Small Island Developing States and U.S.$220 billion for Least Developed Countries.

    “We expected pushbacks, but the lack of ambition was deeply frustrating,” Talia said.

    20241119 SPREP fiji delegate Lenora Qereqeretabua.jpg
    Fiji’s Assistant Minister of Foreign Affairs Lenora Qereqeretabua addresses the COP29 summit in Baku this month. Image: SPREP/BenarNews

    Greenpeace Pacific lead Shiva Gounden accused developed countries of deliberately stalling talks — of which Australia co-chaired the finance discussions — including by padding texts with unnecessary wording.

    “Hours passed without any substance out of it, and then when they got into the substance of the text, there simply was not enough time,” he told BenarNews.

    In the final week of COP29, the intense days negotiating continued late into the nights, sometimes ending the next morning.

    “Nothing is moving as it should, and climate finance is a black hole,” Pacific Climate Action Network senior adviser Sindra Sharma told BenarNews during talks.

    “There are lots of rumours and misinformation floating around, people saying that SIDS are dropping things — this is a complete lie.”

    20241119 SPREP Pacific negotiators meet.jpg
    Pacific delegates and negotiators meet in the final week of intensive talks at COP29 in Baku this month. Image: SPREP/BenarNews

    COP29 presidency influence
    Sharma said the significant influence of the COP presidency — held by Azerbaijan — came to bear as talks on the final outcome dragged past the Friday night deadline.

    The Azeri presidency faced criticism for not pushing strongly enough for incorporation of the “transition away from fossil fuels” — agreed to at COP28 — in draft texts.

    “What we got in the end on Saturday was a text that didn’t have the priorities that smaller island states and least developed countries had reflected,” Sharma said.

    COP29’s outcome was finally announced on Sunday at 5.30am.

    “For me it was heartbreaking, how developed countries just blocked their way to fulfilling their responsibilities, their historical responsibilities, and pretty much offloaded that to developing countries,” Gounden from Greenpeace Pacific said.

    Some retained faith
    Amid the Pacific delegates’ disappointment, some retained their faith in the summits and look forward to COP30 in Brazil next year.

    “We are tired, but we are here to hold the line on hope; we have no choice but to,” 350.org Pacific managing director Joseph Zane Sikulu told BenarNews.

    “We can very easily spend time talking about who is missing, who is not here, and the impact that it will have on negotiation, or we can focus on the ones who came, who won’t give up,” he said at the end of summit.

    Fiji’s lead negotiator Dr Michael said the outcome was “very disappointing” but not a total loss.

    “COP is a very diplomatic process, so when people come to me and say that COP has failed, I am in complete disagreement, because no COP is a failure,” he told BenarNews at the end of talks.

    “If we don’t agree this year, then it goes to next year; the important thing is to ensure that Pacific voices are present,” he said.

    Republished from BenarNews with permission.

    This post was originally published on Asia Pacific Report.

  • The Biden administration is withholding federal funding from a climate justice group that supports a ceasefire in Gaza. 

    The Climate Justice Alliance, a national coalition of more than 100 community environmental groups, was one of 11 grant-making organizations designated for Environmental Protection Agency funding under President Joe Biden’s Inflation Reduction Act. 

    The Climate Justice Alliance is the only group of the 11 grantees that has engaged publicly on issues related to Palestine — and the only one that hasn’t received its funding.

    “If we are not funded, it could set a larger civil society precedent for any future federal funding.”

    Climate Justice Alliance Executive Director KD Chavez said the organization, which was recently attacked by right-wing politicians and media, has been targeted because of its anti-war stance.

    Palestine is hardly a focus of the Climate Justice Alliance’s work, but past statements calling for a ceasefire in Gaza and denouncing apartheid in Palestine have come under a microscope amid a political climate that is increasingly hostile to any form of support for Palestinians.

    “Since our founding, CJA has been really clear in our position opposing war, racism, and colonialism,” said Chavez. “For us, there is a direct tie to carbon emissions and militarism, and we stand behind our environmental and climate justice work, which is going to mean that we are anti-war at heart.” 

    Delaying the grant payment, which was first reported by E&E News, could set a broader precedent to withhold funding from organizations working on social justice issues, Chavez said. House Republicans recently passed a bill known as H.R. 9495 that critics say would green-light devastating political attacks on nonprofits. 

    “If we are not funded, it could set a larger civil society precedent for any future federal funding for any ambiguously progressive organization in the future,” Chavez said. “When we’re connecting the dots, seeing H.R. 9495 gain traction plus the potential of us not being obligated these funds could lead to dangerous precedent setting for civil society more broadly.” 

    A spokesperson for the EPA said the agency was still evaluating the Climate Justice Alliance grant. “EPA continues to work through its rigorous process to obligate the funds under the Inflation Reduction Act, including the Thriving Communities Grantmakers program,” EPA Communications Director Nick Conger said in a statement to The Intercept. “EPA continues to review the grant for the Climate Justice Alliance.” 

    Looming GOP Attack

    The Biden administration announced the recipients of $600 million in grants under the program in December. The Climate Justice Alliance was one of three national grantees. Nine regional organizations were also selected. 

    The Climate Justice Alliance said it met all administrative deadlines and expected to get notice of funds by September, the end of the standard 90-day waiting period for grant applicants. Grantees under the program have to have their funds obligated by December 6 in order to get the funds disbursed before the start of the Trump administration. 

    The grant would support communities experiencing disproportionately heavy impacts of climate change by funding air- and water-quality sampling, cleanup projects, air quality monitoring, and building green infrastructure. 

    If the EPA decided not to issue the grant, the effects would fall disproportionately on working people, Chavez said.

    “This would be a political divestment from working class and marginalized communities,” Chavez said. “In its place, we would see the polluting of our public lands and neighborhoods by the fossil fuel industry.”

    In a statement last year following the October 7 attacks, the Climate Justice Alliance called for a ceasefire between Israel and Hamas and condemned “genocidal attacks by Israel on the civilian Palestinian population.” The alliance has also called on Congress to stop funding Israel’s military and denounced apartheid in Palestine as a climate justice issue resulting from the effects of war contaminating Palestine’s air, water, and soil. 

    “This is about the GOP’s obsession with shutting down the EPA.”

    “This is about the GOP’s obsession with shutting down the EPA,” Chavez said. “The attacks that we’re seeing on us are collateral damage in a war against regulations that protect everybody.” 

    Republican lawmakers and right-wing media have targeted the Climate Justice Alliance in recent attacks. On Saturday, the Daily Caller published a story on the pending EPA grant that claimed that the Climate Justice Alliance shared protest material celebrating Hamas. 

    The Daily Caller also said the Biden administration was weighing “awarding taxpayer dollars to [a] nonprofit that wants to defund the police.” Earlier this month, Republicans on the House Energy and Commerce Committee issued a report criticizing the EPA program and claiming that the Climate Justice Alliance had exhibited “anti-Republican sentiment.” 

    President-elect Donald Trump and his administration are preparing to gut groups working on environmental and economic issues affecting working-class people, Chavez said. 

    “We’re going to be facing a lot of rollbacks in these next two to four years,” they said. “And we want to make sure that our communities are at least resourced in being able to mitigate the harm.”

    The post Biden Makes His Own Attack on Nonprofit Over Palestine appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Image by Annie Spratt.

    “Runaway ice loss causing rapid and catastrophic sea level rise is possible within our lifetimes.” (Source: Our Science, Your Future: Next Generation of Antarctic Scientists Call for Collaborative Action, Australian Antarctic Research Conference, November 22, 2024)

    Hundreds of scientists gathered in Australia for an “emergency summit” within the auspices of the inaugural Australian Antarctic Research Conference d/d November 2024. This gathering of 450 mostly “early-career” polar scientists flexed scientific muscles to alert the world to the what’s happening to our planet, taking off the gloves and coming out swinging. They claim we’re got a bigger problem than generally realized: “Efforts to slow down climate change through coordinated global action are paramount to protect the future of Australia, Antarctica, and our planet,” Ibid.

    “The experts’ conclusion, published as a press statement, is a somber one: if we don’t act, and quickly, the melting of Antarctica ice could cause catastrophic sea levels rise around the globe.” (Source: Emergency Meeting Reveals the Alarming Extent of Antarctica’s Ice Loss, Earth.com, Nov. 24, 2024)

    According to the polar scientists: “The services of the Southern Ocean and Antarctica — oceanic carbon sink and planetary air-conditioner — have been taken for granted. Global warming-induced shifts observed in the region are immense. Recent research has shown record-low sea ice, extreme heatwaves exceeding 40°C (72°F) above average temperatures, and increased instability around key ice shelves. Shifting ecosystems on land and at sea underscore this sensitive region’s rapid and unprecedented transformations. Runaway ice loss causing rapid and catastrophic sea-level rise is possible within our lifetimes. Whether such irreversible tipping points have already passed is unknown.” (Our Science, Your Future)

    The scientists are calling for society to set immediate targets to “bend the carbon curve.” Failure to do so will commit generations to unpredictable, unstoppable sea level rise, likely beyond current expectations. Drastic action is necessary before it’s too late, calling for immediate reduction of emissions, CO2.

    Coastline Megacities at Risk

    However, reducing emissions is likely impossible unless and until major governmental authorities force the issue. Voluntary commitments to cut GHG (greenhouse gases) have not worked for over 30 years. Pledges by more than 150 nations to voluntarily cut emissions at the celebrated Paris 2015 UN climate meeting have flopped like a house of cards.

    Meanwhile, residents of vulnerable coastal cities may need to consider forcing the issue by forming Citizen Action Flood Prevention Committees to pressure local, state, and federal officials to take immediate measures to protect valuable real estate that’s subject to turning worthless. These committees could be supported by petitions signed by residents, demanding political action to take mitigation measures to protect their coastlines. For example, would nearly 100% of the residents of Miami Beach sign, maybe. And, how about residents of Jersey City? Maybe yes. And onward….

    According to Earth.org, coastal megacities are at serious risk, e.g., Bangkok, Amsterdam, Ho Chi Minh City, Cardiff (UK), New Orleans, Manila, London, Shenzhen, Hamburg, and Dubai as well as megacities Miami and New York City. Many Florida and East Coast cities are high risk, e.g., Ft. Lauderdale, Norfolk, Hampton, Charleston, Cambridge, Jersey City, Chesapeake, Boston, Tampa, Palm Beach. It’s a long list.

    Unless and until citizen committees authorized by locals with demands en masse are presented to and accepted by local, state, and national policymakers and acted upon, according to a highly regarded analysis by The Universal Ecological Fund, working with climate scientists from the Intergovernmental Panel on Climate Change, The Truth Behind the Climate Pledges: “An environmental and economic disaster from human-induced climate change is on the horizon. An analysis of current commitments to reduce emissions between 2020 and 2030 shows that almost 75 percent of the climate pledges are partially or totally insufficient to contribute to reducing GHG emissions by 50 percent by 2030, and some of these pledges are unlikely to be achieved.”

    Moreover, the situation at hand is double trouble as the oil and gas industry has already committed to rapid expansion of fossil fuels at the same time as major corporations are turning up their noses at prior commitments. Climate change has lost its cachet at the worst possible moment: “In February 2024, three major investment companies stepped back from efforts to limit climate-damaging emissions. JPMorgan Chase’s and State Street’s investment arms have both quit a global investor alliance encouraging companies to avoid emissions, and BlackRock has largely limited its involvement. These companies aren’t the only ones backing out on climate agreements. In 2023, Amazon dropped an effort to zero out emissions of half its shipments by 2030, BP scaled back on its plan to reduce emissions by 35 percent by the end of 2030 and Shell Oil dropped an initiative to build a pipeline of carbon credits and other carbon-absorbing projects. Hundreds of companies across the world are backtracking on commitments toward green policies, despite growing concerns that the planet is reaching a crisis point.” (Source: Why Are Companies Reneging On Emissions Reduction? Earth Talk, April 11, 2024)

    Recent headlines tell the story: Top Companies Exaggerating Their progress (BBC) When Companies Reverse Their Climate Commitments (Yale Insights) Net Zero Promises from Major Corporations Fall Short (NBC News) Oil Companies Are Still Committed to Burn the Planet Down (Jacobin). A comprehensive list of reneging corporate interests is astonishing.

    Making matters more challenging yet, the polar scientists are severely compromised by politics, to wit: “Far-right parties opposing climate action are gaining significant momentum worldwide, especially in Western nations including Argentina, Italy, France, Germany, the Netherlands, and the UK. It is particularly noteworthy that despite their differing domestic agendas, these parties are unified in their resistance to climate initiatives.” (Source: The Betrayal: Why the Far Right Abandoned Action on Climate Change, Oxford Political Review, 18 June 2024)

    “The contemporary far-right’s turn against the environment is a major break from the past. During the 1980s, traditional conservatives, like Ronald Reagan and Margaret Thatcher, showed an interest in addressing environmental issues,” Ibid.

    The World at a Crossroads

    Which will it be? The choice is crystal clear. There are two and only two: (1) Fight dangerous climate change by stopping fossil fuel CO2 emissions now, or (2) Bale-out flooded megacities down the road?

    Based upon data from the Intergovernmental Panel on Climate Change 6th Assessment and multiple lines of evidence, current and future emissions will determine the amount of additional sea level rise: the greater the emissions, the greater the warming, and the greater the likelihood of higher sea levels. Based upon emissions to date, two feet of sea level rise will likely occur along the U.S. coastline between 2020 and 2100. That’s already baked into the cake. Failing to curb future emissions could add an additional 1.5 to 5 feet of rise, for a total of 3.5 to 7 feet. (Source: U.S. Sea Level Change, USGS Technical Report, 2022)

    The USGS 2022 Technical Report, as outlined in the preceding paragraph, is now choking on the dust of two-years of the hottest 24 months on record, smashing all records with 2023 +1.48C hotter and January-September 2024 +1.54C above the pre-industrial average. A USGS technical update today would almost certainly add to sea level rise projections. Thus, prompting an obvious concern: Is global warming already getting out of hand?

    Which way will society turn: (1) stop fossil fuel emissions now, or (2) bale-out flooded megacities later? And would that even be possible?

    450 polar scientists are not scaremongers. They’re professionals that are deadly serious. We’ve got a much bigger problem than generally realized.

    The post Emergency Summit Regarding Antarctic Meltdown appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • Wheel of Fortune, woodcut, by Sue Coe.

    Fresh water is critical to the survival of ecosystems and living beings worldwide. However, as much as we all depend on water, some industries are notorious for their unsustainable water usage and rising contribution to water pollution. Factory farms are a prime offender.

    Groundwater—underground water in sand, soil, and rock—is a vital source of fresh water, comprising 99 percent of such water supply. “Groundwater provides almost half of all drinking water worldwide, around 40 percent of the water used in irrigation and about one-third of the supply required for industry,” according to UNESCO, which hosted the world’s first UN-Water summit in December 2022.

    The importance of groundwater was the main topic of discussion during the summit. Two issues of particular concern were overexploited aquifers, which could lead to water shortages, loss of ecosystems, and land subsidence, and polluted aquifers, which would have disastrous consequences for people, animals, and crops.

    With such a valuable natural resource quite literally underfoot, what happens above ground can have a significant effect—for better or worse. Factory farms dense with animal life sustain high levels of surface water usage and contribute to water pollution through runoff. Considering that factory farms exploit and pollute groundwater aquifers, their overall environmental effects are devastating.

    “The National Water Quality Assessment shows that agricultural runoff is the leading cause of water quality impacts to rivers and streams, the third leading source for lakes, and the second-largest source of impairments to wetlands,” points out the United States Environmental Protection Agency.

    Factory farming touches every aspect of our planet, from emitting massive amounts of greenhouse gases into the atmosphere to contaminating the groundwater, rivers, lakes, and streams we rely on for fresh water. Factory farms house animals in crowded and often filthy conditions, subjecting millions of cows, chickens, and pigs to the worst forms of abuse for the entirety of their short lives. Driven by the demand for cheap eggs, meat, and dairy, the animal agriculture industry has disastrous consequences for the planet. This must change.

    Assessing Water Risk

    Agricultural runoff from barnyards, feedlots, and cropland carries pollutants like manure, fertilizers, ammonia, pesticides, livestock waste, toxins from farm equipment, soil, and sediment to local water sources. According to a February 2022 article by the Public Interest Research Groups, the factory farming industry is one of the leading causes of water pollution in the United States. The animal agriculture industry is also a front-runner for water risk, which makes it an environmentally unsustainable practice.

    Scientists assess “water risk” by evaluating the possibility of water-related issues like scarcity, flooding, drought, or water stress. A Ceres report called “Feeding Ourselves Thirsty,” which looked at public disclosures by companies until June 2021, identified four industries with the highest exposure to water risks: agricultural products, beverages, meat, and packaged foods.

    “Agricultural products” refer to items made by farming plants or animals. The International Organization for Economic Cooperation and Development (OECD) states that agricultural production is “highly dependent on water and increasingly subject to water risks.” The OECD also highlights agricultural production as a major source of water pollution.

    Why is this a problem? Water is vital in factory farming—from growing crops to feeding livestock to cleaning facilities. It’s also an essential resource for every living being. So, while agricultural organizations must ensure their water use remains in the realm of sustainability, a 2022 report by the Investigate Midwest suggests that’s not happening.

    “Most large companies have policies to reduce water use and pollution. But some of the largest meat companies in the U.S. lack measures such as water reduction targets, watershed protection plans, and incentives for suppliers to conserve water,” wrote Madison McVan of Investigate Midwest, citing the Ceres analysis.

    Further, Ceres reports that Pilgrim’s Pride, one of the largest global poultry producers, set a public goal to decrease its water use intensity (or the amount of water used to produce a pound of chicken) by 10 percent by 2020. Instead, it self-reported that it had increased its water use in its U.S. operations by 5 percent

    From 2019 to 2022, the company said it had increased its water use by 12 percent. To complicate matters, in February 2024, New York’s Attorney General Letitia James filed a lawsuit against JBS (which owns Pilgrim’s Pride, among other meat companies), accusing it of greenwashing its product and misleading consumers about its impact on the environment.

    Water Scarcity

    It is increasingly critical for the agricultural industry to join water conservation efforts. As the World Wildlife Fund (WWF) indicates, water scarcity remains a pressing global concern. Just 3 percent of our planet’s water is fresh, including water frozen in glaciers (which accounts for about 2 percent). Because fresh water is a limited natural resource, the animal agriculture industry’s high water use is a growing concern.

    In 2024, animal agriculture accounted for almost a third of freshwater use globally. The Meat Atlas 2021 states that animal feed from arable crops requires about 43 times more water to produce than feed like grass or roughage that animals could access if they were allowed to graze. In 2014, more than 67 percent of crops in the U.S. went to animal feed. In 2020, WWF estimated that almost 80 percent of the world’s soybean crops were used in animal feed. In the same year, in the U.S., 38.7 percent of corn was used to feed animals.

    A 2020 study by the Animal Legal Defense Fund shows that just one slaughterhouse in Livingston, California, used approximately 4 million gallons of water daily in the live-shackle slaughter of chickens—accounting for about 60 percent of the city’s water usage. That’s equivalent to using about 2 billion gallons of water annually.

    Moreover, in January 2022, the New Roots Institute stated, “Every day, 2 billion gallons of water are withdrawn from freshwater resources for the farming of land animals in the U.S.”

    The slaughterhouse used some water in electrified stun baths and some in scalding tanks to de-feather chickens. Because this inhumane approach to slaughter is so terrifying for chickens, slaughterhouses also use vast amounts of water to clean feces and vomit from the chickens’ bodies after live-shackle slaughter.

    Water Use Is One of Many Harms Caused by Factory Farming

    The tremendous amount of water needed to grow crops for feed, clean facilities, raise animals, and slaughter them puts immense pressure on Earth’s limited freshwater resources. Evidence suggests most meatpacking organizations don’t ensure sustainable water practices in their supply chains. This does not bode well for the planet’s long-term impact on humans, animals, and ecosystems.

    Factory farming not only causes endless and unnecessary animal suffering but also uses an excessive amount of environmental resources, pollutes the planet, and consumes vast amounts of freshwater supplies. But animal agriculture impacts much more than freshwater: Meat-based diets harm the environment, nonhuman animals, and human health.

    We must work together as concerned citizens, consumers, and voters to end factory farming and repair our broken, cruel, damaging, and unsustainable food system. Activists worldwide are advocating for change, and plant-based diets are steadily increasing. According to the Plant Based Foods Association, the number of U.S. citizens choosing plant-based diets increased to 70 percent in 2023 from 66 percent in 2022. Moving to a world without animal suffering or environmental degradation is possible. But it requires all of us to change how we eat and live to make it happen.

    This article was produced by Earth | Food | Life, a project of the Independent Media Institute.

    The post How Animal Agriculture Threatens Freshwater Supplies appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • Despite Australia’s draconian anti-protest laws, the world’s biggest coal port was closed for four hours at the weekend with 170 protesters being charged — but climate demonstrations will continue. Twenty further arrests were made at a protest at the Federal Parliament yesterday.

    SPECIAL REPORT: By Wendy Bacon

    Newcastle port, the world’s biggest coal port, was closed for four hours on Sunday when hundreds of Rising Tide protesters in kayaks refused to leave its shipping channel.

    Over two days of protest at the Australian port, 170 protesters have been charged. Some others who entered the channel were arrested but released without charge. Hundreds more took to the water in support.

    Thousands on the beach chanted, danced and created a huge human sign demanding “no new coal and gas” projects.

    Rising Tide is campaigning for a 78 percent tax on fossil fuel profits to be used for a “just transition” for workers and communities, including in the Hunter Valley, where the Albanese government has approved three massive new coal mine extensions since 2022.

    Protest size triples to 7000
    The NSW Labor government made two court attempts to block the protest from going ahead. But the 10-day Rising Tide protest tripled in size from 2023 with 7000 people participating so far and more people arrested in civil disobedience actions than last year.

    The “protestival” continued in Newcastle on Monday, and a new wave started in Canberra at the Australian Parliament yesterday with more than 20 arrests. Rising Tide staged an overnight occupation of the lawn outside Parliament House and a demonstration at which they demanded to meet with Prime Minister Anthony Albanese.

    News of the “protestival” has spread around the world, with campaigners in Rotterdam in The Netherlands blocking a coal train in solidarity with this year’s Rising Tide protest.

    Of those arrested, 138 have been charged under S214A of the NSW Crimes Act for disrupting a major facility, which carries up to two years in prison and $22,000 maximum fines. This section is part of the NSW government regime of “anti-protest” laws designed to deter movements such as Rising Tide.

    The rest of the protesters have been charged under the Marine Safety Act which police used against 109 protesters arrested last year.

    Even if found guilty, these people are likely to only receive minor penalties.Those arrested in 2023 mostly received small fines, good behaviour bonds and had no conviction recorded.

    Executive gives the bird to judiciary
    The use of the Crimes Act will focus more attention on the anti-protest laws which the NSW government has been extending and strengthening in recent weeks. The NSW Supreme Court has already found the laws to be partly unconstitutional but despite huge opposition from civil society and human rights organisations, the NSW government has not reformed them.

    Two protesters were targeted for special treatment: Naomi Hodgson, a key Rising Tide organiser, and Andrew George, who has previous protest convictions.

    George was led into court in handcuffs on Monday morning but was released on bail on condition that he not return to the port area. Hodgson also has a record of peaceful protest. She is one of the Rising Tide leaders who have always stressed the importance of safe and peaceful action.

    The police prosecutor argued that she should remain in custody. The magistrate released her with the extraordinary requirement that she report to police daily and not go nearer than 2 km from the port.

    Planning for this year’s protest has been underway for 12 months, with groups forming in Brisbane, Adelaide, Melbourne, Canberra Sydney and the Northern Rivers, as well as Newcastle. There was an intensive programme of meetings and briefings of potential participants on the motivation for protesting, principles of civil disobedience and the experience of being arrested.

    Those who attended last year recruited a whole new cohort of protesters.

    Last year, the NSW police authorised a protest involved a 48-hour blockade which protesters extended by two hours. Earlier this year, a similar application was made by Rising Tide.

    The first indication that the police would refuse to authorise a protest came earlier this month when the NSW police successfully applied to the NSW Supreme Court for the protest to be declared “an unauthorised protest.”

    But Justice Desmond Fagan also made it clear that Rising Tide had a “responsible approach to on-water safety” and that he was not giving a direction that the protest should be terminated. Newcastle Council agreed that Rising Tide could camp at Horseshoe Bay.

    Minns’ bid to crush protest
    The Minns government showed that its goal was to crush the protest altogether when the Minister for Transport Jo Haylen declared a blanket 97-hour exclusion zone making it unlawful to enter the Hunter River mouth and beaches under the Marine Safety Act last week.

    On Friday, Rising Tide organiser and 2020 Newcastle Young Citizen of the year, Alexa Stuart took successful action in the Supreme Court to have the exclusion zone declared an invalid use of power.

    An hour before the exclusion zone was due to come into effect at 5 pm, the Rising Tide flotilla had been launched off Horseshoe Bay. At 4 pm, Supreme Court Justice Sarah McNaughton quashed the exclusion zone notice, declaring that it was an invalid use of power under the Marine Safety Act because the object of the Act is to facilitate events, not to stop them from happening altogether.

    When news of the judge’s decision reached the beach, a big cheer erupted. The drama-packed weekend was off to a good start.

    Friday morning began with a First Nations welcome and speeches and a SchoolStrike4Climate protest. Kayakers held their position on the harbour with an overnight vigil on Friday night.

    On Saturday, Midnight Oil front singer Peter Garrett, who served as Environment Minister in a previous Labor government, performed in support of Rising Tide protest. He expressed his concern about government overreach in policing protests, especially in the light of all the evidence of the impacts of climate change.

    Ships continued to go through the channel, protected by the NSW police. When kayakers entered the channel while it was empty, nine were arrested.

    84-year-old great-gran arrested, not charged
    By late Saturday, three had been charged, and the other six were towed back to the beach. This included June Norman, an 84-year-old great-grandmother from Queensland, who entered the shipping channel at least six times over the weekend in peaceful acts of civil disobedience.

    The 84-year-old protester Jane Norman
    The 84-year-old protester Jane Norman . . . entered the shipping channel at least six times over the weekend in peaceful acts of civil disobedience. Image: Wendy Bacon/MWM

    She told MWM that she felt a duty to act to protect her own grandchildren and all other children due to a failure by the Albanese and other governments to take action on climate change. The police repeatedly declined to charge her.   

    On Sunday morning a decision was made for kayakers “to take the channel”. At about 10.15, a coal boat, turned away before entering the port.

    Port closed, job done
    Although the period of stoppage was shorter than last year, civil disobedience had now achieved what the authorised protest achieved last year. The port was officially closed and remained so for four hours.

    By now, 60 people had been charged and far more police resources expended than in 2023, including hours of police helicopters and drones.

    On Sunday afternoon, hundreds of kayakers again occupied the channel. A ship was due. Now in a massive display of force involving scores of police in black rubber zodiacs, police on jet skis, and a huge police launch, kayakers were either arrested or herded back from the channel.

    When the channel was clear, a huge ship then came through the channel, signalling the reopening of the port.

    On Monday night, ABC National News reported that protesters were within metres of the ship. MWM closely observed the events. When the ship began to move towards the harbour, all kayaks were inside the buoys marking the channel. Police occupied the area between the protesters and the ship. No kayaker moved forward.

    A powerful visual message had been sent that the forces of the NSW state would be used to defend the interests of the big coal companies such as Whitehaven and Glencore rather than the NSW public.

    By now police on horses were on the beach and watched as small squads of police marched through the crowd grabbing paddles. A little later this reporter was carrying a paddle through a car park well off the beach when a constable roughly seized it without warning from my hand.

    When asked, Constable Pacey explained that I had breached the peace by being on water. I had not entered the water over the weekend.

    Kids arrested too, in mass civil disobedience
    Those charged included 14 people under 18. After being released, they marched chanting back into the camp. A 16-year-old Newcastle student, Niamh Cush, told a crowd of fellow protesters before her arrest that as a young person, she would rather not be arrested but that the betrayal of the Albanese government left her with no choice.

    “I’m here to voice the anger of my generation. The Albanese government claims they’re taking climate change seriously but they are completely and utterly failing us by approving polluting new coal and gas mines. See you out on the water today to block the coal ships!”

    Each of those who chose to get arrested has their own story. They include environmental scientists, engineers, TAFE teachers, students, nurses and doctors, hospitality and retail workers, designers and media workers, activists who have retired, unionists, a mediator and a coal miner.

    They came from across Australia — more than 200 came from Adelaide alone — and from many different backgrounds.

    Behind those arrested stand volunteer groups of legal observers, arrestee support, lawyers, community care workers and a media team. Beside them stand hundreds of other volunteers who have cleaned portaloos, prepared three meals a day, washed dishes, welcomed and registered participants, organised camping spots and acted as marshals at pedestrian crossings.

    Each and every one of them is playing an essential role in this campaign of mass civil disobedience.

    Many participants said this huge collaborative effort is what inspired them and gave them hope, as much as did the protest itself.

    Threat to democracy
    Today, the president of NSW Civil Liberties, Tim Roberts, said, “Paddling a kayak in the Port of Newcastle is not an offence, people do it every day safely without hundreds of police officers.

    “A decision was made to protect the safe passage of the vessels over the protection of people exercising their democratic rights to protest.

    “We are living in extraordinary times. Our democracy will not irrevocably be damaged in one fell swoop — it will be a slow bleed, a death by a thousand tranches of repressive legislation, and by thousands of arrests of people standing up in defence of their civil liberties.”

    Australian Institute research shows that most Australians agree with the Council for Civil Liberties — with 71 percent polled, including a majority of all parties, believing that the right to protest should be enshrined in Federal legislation. It also included a majority across all ages and political parties.

    It is hard to avoid the conclusion that it is a fear of accelerating mass civil disobedience in the face of a climate crisis that frightens both the Federal and State governments and the police.

    As temperatures rise
    Many of those protesting have already been directly affected by climbing temperatures in sweltering suburbs, raging bushfires and intense smoke, roaring floods and a loss of housing that has not been replaced, devastated forests, polluting coal mines and gas fields or rising seas in the Torres Strait in Northern Australia and Pacific Island countries.

    Others have become profoundly concerned as they come to grips with climate science predictions and public health warnings.

    In these circumstances, and as long as governments continue to enable the fossil fuel industry by approving more coal and gas projects that will add to the climate crisis, the number of people who decide they are morally obliged to take civil disobedience action will grow.

    Rather than being impressed by politicians who cast them as disrupters, they will heed the call of Pacific leaders who this week declared the COP29 talks to be a “catastrophic failure” exposing their people to “escalating risks”.

    Wendy Bacon is an investigative journalist who was the professor of journalism at University of Technology Sydney (UTS). She worked for Fairfax, Channel Nine and SBS and has published in The Guardian, New Matilda, City Hub and Overland. She has a long history in promoting independent and alternative journalism. She is a Rising Tide supporter, and is a long-term supporter of a peaceful BDS and the Greens.

    This post was originally published on Asia Pacific Report.