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Historic Win in Colorado Fracking Lawsuit Print
Saturday, 25 March 2017 13:10

Excerpt: "In a 2-1 decision Thursday, the Colorado Court of Appeals reversed the Colorado Oil and Gas Conservation Commission's order denying a youth-brought rulemaking petition against fracking and a lower court's order upholding the denial."

Fracking operation in Colorado. (photo: Shutterstock)
Fracking operation in Colorado. (photo: Shutterstock)


Historic Win in Colorado Fracking Lawsuit

By Our Children's Trust

25 March 17

 

n a 2-1 decision Thursday, the Colorado Court of Appeals reversed the Colorado Oil and Gas Conservation Commission's order denying a youth-brought rulemaking petition against fracking and a lower court's order upholding the denial. The court remanded the case to the district court and the commission, finding that the commission erred in its interpretation of Colorado law:

"We therefore conclude that the commission erred in interpreting [the Oil and Gas Conservation Act] as requiring a balance between development and public health, safety and welfare."

"The clear language of the act ... mandates that the development of oil and gas in Colorado be regulated subject to the protection of public health, safety and welfare, including protection of the environment and wildlife resources."

The commission had argued that the Oil and Gas Conservation Act required it to strike a balance between the regulation of oil and gas operations and protecting public health, the environment and wildlife resources.

The six plaintiffs in the case are Xiuhtezcatl Martinez, Itzcuahtli Roske-Martinez, Sonora Brinkley, Aerielle Deering, Trinity Carter and Emma Bray. All are members of the Boulder-based youth group Earth Guardians.

The youth hand-delivered their petition for rulemaking in November 2013 to the commission. Their petition asked the commission to develop and implement a rule to stop the permitting of fracking until and if, oil and gas development can be done without causing harm to humans and without impairing Colorado's natural resources, including atmospheric resources and climate change.

"By its decision today, the court has concluded that the commission has full statutory authority to adopt Petitioner's proposed rule," Julia Olson, plaintiffs' counsel and executive director of Our Children's Trust, said. "The commission can no longer decide to prioritize oil and gas development over the health and safety of Coloradans. This is an enormous victory for these youth. We look forward to helping the youth of Colorado go back before the commission on remand."

Martinez, youth director of Earth Guardians, shared his excitement on the win. "Our movement to fight for the rights of people and our environment is evolving," he said.

"From the streets to the courtroom, the voices of the younger generation will be heard and the legal system is a tool for our resistance. Small wins build up to create massive change. I'm very optimistic about the potential this lawsuit has to protect my Colorado. Now more than ever, we will see people reclaiming the power."

Martinez is one of 21 youth plaintiffs in Juliana v. United States, a climate case brought in federal court and headed to trial this fall in U.S. District Court in Oregon. The American Petroleum Institute (API) is an intervenor defendant in both Martinez's Colorado and federal case. API represents the interests of the oil and gas industry supporting the commission in Colorado and the Trump administration in federal court. On Friday, attorneys representing Martinez and his co-plaintiffs in that case, served API and the federal government with requests for emails to or from Secretary of State Rex Tillerson's pseudonym,Wayne Tracker.

Judges ruling on the side of youth plaintiffs were Judge Terry Fox and Judge JoAnn Vogt, with Judge Laurie Booras dissenting. In Booras' dissent, she wrote:

"I respectfully dissent from the majority's conclusion that the statutory scheme of the Oil and Gas Conservation Act (the Act), §§ 34-60-101 to -130, C.R.S. 2016, requires protection of public health, safety and welfare as a determinative factor, instead of requiring balancing between those considerations and oil and gas production."

In this Colorado case, however, the youth won their right to have their health, safety and welfare take precedence over oil and gas drilling. They will head back to district court with the support of Coloradans from across the state, hundreds of whom marched in support of their case prior to their hearing before the Colorado Court of Appeals last month.

Martinez v. Colorado Oil and Gas is one of many related legal actions brought by youth in several states and countries, all supported by Our Children's Trust, seeking science-based action by governments to stabilize the climate system.

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FOCUS: Citizens Must Hold Government Accountable on Climate Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=38663"><span class="small">Bill McKibben, The Boston Globe</span></a>   
Saturday, 25 March 2017 11:21

McKibben writes: "President Trump's appointees spent the week dismantling 40 years' worth of environmental laws and regulations. In the past few days, we've learned that they plan to ditch Obama-era laws that would increase gas mileage for cars and shut down old coal-fired power plants."

Polar bear on an ice float. (photo: National Geographic)
Polar bear on an ice float. (photo: National Geographic)


Citizens Must Hold Government Accountable on Climate

By Bill McKibben, The Boston Globe

25 March 17

 

few things that happened this week: one set of researchers announced that February was the planet’s fourth-warmest month on record, which is especially bad news since the El Niño that produced last year’s record-breaking heat is over and we’re supposed to be cooling a little. Another group of scientists published data showing that, for the third year in a row, Arctic ice has set a new record winter low. Still other statisticians showed that, to date, this has been by far the worst wildfire season on record in the United States — two million acres burned against an average of 200,000. In Peru, last fall’s record drought has given way to record flooding, with dozens dead and 100,000 homes damaged. In Namibia, the worst flooding in history . . . I could go on.

Someone should do something. But that someone clearly isn’t going to be the federal government. Instead, President Trump’s appointees spent the week dismantling 40 years’ worth of environmental laws and regulations. In the past few days, we’ve learned that they plan to ditch Obama-era laws that would increase gas mileage for cars and shut down old coal-fired power plants. A new analysis shows that if such plans are carried out, it will be impossible for the United States to meet the targets it pledged to hit in the Paris climate accords — we’d break our promise by a billion tons of carbon. One way of dealing with those unpleasant truths is to stop paying attention. A spokesman for the White House said last week that the federal government was no longer going to “waste money” on climate research. Money to maintain even existing climate satellites is disappearing. NASA has been told to stop worrying about our home planet and focus on Mars.

So who’s going to stand up? The answer, for the moment, is states and cities. On Wednesday, the governors of the West Coast states and the mayors of most of its big cities put out a stirring joint message: “We speak as a region of over 50 million people with a combined GDP of $2.8 trillion. There is no question that to act on climate is to act in our best economic interests. Through expanded climate policies, we have grown jobs and expanded our economies while cleaning our air.” They would, the officials promised, keep at it. They added that they hoped other local and regional leaders would “join us in leading and re-affirming our commitment to cut carbon emissions and reverse the damaging impacts to our communities of unfettered pollution.”

This is not just a national effort — California Governor Jerry Brown has been helping spearhead the Under2 coalition, joining together “subnational units” from around the planet working to reduce their greenhouse gas emissions to net-zero by 2050. (Massachusetts is a signatory.) And state officials are doing their best to keep the fossil fuel industry honest, even as Washington effectively ends any real oversight. Massachusetts Attorney General Maura Healey, for instance, has bravely joined her New York counterpart, Eric Schneiderman, to investigate Exxon’s outsize role in fostering the climate denial now in power in Washington. States and cities may be able to keep some of the clean energy momentum rolling. But they can’t do it by themselves, at least, not for long. Reuters recently reported on the growing number of national governments trying to rein in mayors and governors who push “too fast” on climate pollution — from Norway to Australia, conservative governments are now trying to rein in progressive big-city mayors.

Which means that the rest of us need to add our weight to the political balance. Upset by EPA chief Scott Pruitt and his assertion that carbon dioxide isn’t driving global warming? Scared by Trump’s insistence that climate change is a Chinese hoax? Inspired by the plucky local officials determined to try and keep the fight alive? Then show up in Washington on April 29, for the next great mobilization of the cresting resistance. More than 100,000 people have already RSVP’d for the People’s Climate March — it’s our chance to say we won’t stand silently by as the planet melts.

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FOCUS: I Will Not Vote to Confirm Judge Gorsuch Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=44519"><span class="small">Bernie Sanders, Bernie Sanders' Facebook Page</span></a>   
Saturday, 25 March 2017 10:48

Sanders writes: "After careful consideration of Judge Gorsuch's record, I will not vote to confirm him to be an associate justice of the Supreme Court. Americans deserve a Supreme Court justice who respects the rights of workers to be treated fairly instead of bowing to big business."

Senator Bernie Sanders. (photo: Getty)
Senator Bernie Sanders. (photo: Getty)


I Will Not Vote to Confirm Judge Gorsuch

By Bernie Sanders, Bernie Sanders' Facebook Page

25 March 17

 

fter careful consideration of Judge Gorsuch’s record, I will not vote to confirm him to be an associate justice of the Supreme Court. Americans deserve a Supreme Court justice who respects the rights of workers to be treated fairly instead of bowing to big business. We cannot stand by while the court dismantles the Voting Rights Act and lets cowards in statehouses erect roadblocks to voting. We must keep campaigns free of the corrupting influence of big money and not go further down the dangerous path that began with the disastrous Citizens United ruling. We cannot risk a court that would put in jeopardy the privacy rights of all Americans and a woman's right to control her body.

I had looked forward to Judge Neil Gorsuch sharing his views on the Supreme Court’s critical role on some of the most important issues in America. Instead, he refused to answer legitimate questions and brought the confirmation process to a new low in a thick fog of evasion.

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The Vindication of President Barack Obama Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=63"><span class="small">Marc Ash, Reader Supported News</span></a>   
Saturday, 25 March 2017 09:10

Ash writes: "Dan Rather recently wrote, 'So It Turns Out Drafting Major Health Care Legislation Is Difficult. Who Knew?' President Obama knew, and he was up to the challenge. The Paul Ryan-led GOP members of Congress thought they knew when they started, and now they really know."

President Barack Obama and White House staff react as the final votes are counted for the passage of the Affordable Care Act, March 21, 2010. (photo: Pete Souza/The White House)
President Barack Obama and White House staff react as the final votes are counted for the passage of the Affordable Care Act, March 21, 2010. (photo: Pete Souza/The White House)


The Vindication of President Barack Obama

By Marc Ash, Reader Supported News

25 March 17

 

an Rather recently wrote, “So It Turns Out Drafting Major Health Care Legislation Is Difficult. Who Knew?” President Obama knew, and he was up to the challenge. The Paul Ryan-led GOP members of Congress thought they knew when they started, and now they really know.

Of course it doesn’t get any easier when your party’s figurehead and “closer” is under investigation by the FBI and Congress for being a Russian puppet. Does that matter? Likely, yes. Sure the Freedom Caucus wanted major concessions on the health care bill. But they might also have been leery of standing too close to a White House that, regardless of their denials, can’t quite manage to photoshop Russian President Vladimir Putin out of their team picture. In parliamentary terms, the Republican retreat on the repeal of Obamacare was a vote of no-confidence on the party’s leader. Trump’s rise to power has given the GOP the power of its fondest dreams, and the baggage of its worst nightmares.

But that diverts attention away from the powerful and lasting affirmation of President Barack Obama’s legacy. In direct terms, what turned back the Republican plot to overthrow the Affordable Care Act was white voters in red districts coming out in historic numbers to say, “Do not take my Obamacare coverage away.” The Republicans tried to downplay the significance of the town hall demonstrations, but privately repealing Obama’s signature achievement appeared, in electoral terms, like it had third rail written all over it.

What the GOP had convinced their base of in of 2010 was that Obamacare was synonymous with Communistcare. A thoroughly dishonest meme that they rode all the way to capturing a House majority. Five short years after its enactment it is now viewed, particularly by low income Americans, regardless of political affiliation, as an indispensable lifeline to medical treatment and nothing short of an act of mercy.

What stands as the greatest testament to Obama’s legacy is that his signature legislative achievement did not just survive, but the people it was intended to serve stood up and fought for it.

It’s not what the Canadians have or what Europe has. The health care industry is still deeply entrenched and still reaping outrageous profits. It’s not single-payer, a system that Americans have every right to build if they want to (think freedom). But it is, in the hearts and minds of the American people, worth standing up and fighting for.

Congratulations President Obama, now you can hang out with Willie Mays. Like him, you earned it on the field.



Marc Ash is the founder and former Executive Director of Truthout, and is now founder and Editor of Reader Supported News.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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Left Out of Healthcare Fight, Democrats Let Their Grassroots Lead - and Win Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=36551"><span class="small">David Weigel, The Washington Post</span></a>   
Saturday, 25 March 2017 08:32

Weigel writes: "On Friday afternoon, as congressional Democrats learned that the GOP had essentially given up on repealing the Affordable Care Act, none of them took the credit. They had never really cohered around an anti-AHCA message."

A Town Hall that Representative Jason Chaffetz had to discuss healthcare. (photo: Getty)
A Town Hall that Representative Jason Chaffetz had to discuss healthcare. (photo: Getty)


Left Out of Healthcare Fight, Democrats Let Their Grassroots Lead - and Win

By David Weigel, The Washington Post

25 March 17

 

ep. Raja Krishnamoorthi (D-Ill.), a freshman from a safe seat in Chicago’s suburbs, was just about to deliver his speech against the American Health Care Act when he heard a commotion on the House floor. The bill was being pulled. Democrats, who up until that moment thought the Republicans might yank a rabbit out of the hat, began celebrating, and Krishnamoorthi thought back to election night, when he learned that he would be coming to Washington with President Trump.

“I thought this repeal bill would sail through,” he said. “It was the president’s number one priority. And what was incredible about this process was the phone calls — we had 1,959 phone calls in opposition to the American Health Care Act. We had 30 for it.”

On Friday afternoon, as congressional Democrats learned that the GOP had essentially given up on repealing the Affordable Care Act, none of them took the credit. They had never really cohered around an anti-AHCA message. (As recently as Wednesday, House Democratic leader Nancy Pelosi was still using the phrase “make America sick again,” which most Democrats had abandoned.) They’d been sidelined legislatively, as Republicans tried to pass a bill on party lines. They’d never called supporters to the Capitol for a show of force, as Republicans had done, several times, during the 2009-2010 fight to pass the Affordable Care Act.

Instead, Democrats watched as a roiling, well-organized “resistance” bombarded Republicans with calls and filled their town hall meetings with skeptics. The Indivisible coalition, founded after the 2016 election by former congressional aides who knew how to lobby their old bosses, was the newest and flashiest. But it was joined by MoveOn, which reported 40,000 calls to congressional offices from its members; by Planned Parenthood, directly under the AHCA’s gun; by the Democratic National Committee, fresh off a divisive leadership race; and by the AARP, which branded the bill as an “age tax” before Democrats had come up with a counterattack.

Congressional Democrats did prime the pump. After their surprise 2016 defeat, they made Sen. Bernie Sanders (I-Vt.) the outreach director of the Senate caucus. Sanders’s first project was “Our First Stand,” a series of rallies around the country, organized by local Democrats and following a simple format. Elected officials would speak; they would then pass the microphone to constituents who had positive stories to tell about the ACA.

“What we’re starting to do, for the first time in the modern history of the Democratic Party, is active grass-roots organizing,” Sanders said in a January interview. “We’re working with unions, we’re working with senior groups, and we’re working with health-care groups. We’re trying to rally the American people so we can do what they want. And that is not the repeal of the Affordable Care Act.”

The turnout for the rallies exceeded expectations, though their aggregate total, over 70-odd cities, would be dwarfed by the Women’s March one week later. More importantly, they proved that there was a previously untapped well of goodwill for the ACA — which had polled negatively for seven years — and it smoothed over divisions inside the party. Days after Barack Obama had blamed “Bernie Sanders supporters” for undermining support for the ACA, Sanders was using his campaign mailing list to save the law.

“It was the town halls, and the stories, that convinced me that people might actually stop this bill,” said Tom Perriello, a former Democratic congressman now running an insurgent campaign for governor of Virginia, with his career-ending vote for the ACA front and center.

The outsider approach to lobbying grew from there, in ways that quickly came to worry Republicans. Indivisible-affiliated groups advertised congressional town halls and flooded them. Like the Jan. 14 rallies, the town hall tactic mirrored what the tea party movement did in 2009. Like the Democrats of that year, many Republicans responded glibly, blaming out-of-state (or district) rabble-rousers and searching for the invisible hand of George Soros. Among the Republicans who took the protests seriously was Rep. Mo Brooks (R-Ala.), who would go on to oppose AHCA from the right.

“I don’t know if we’re going to be able to repeal Obamacare now because these folks who support Obamacare are very active,” Brooks told a radio host in February. “They’re putting pressure on congressman and there’s not a counter-effort to steel the spine of some of these congressmen in tossup districts around the country.”

Beltway groups were helping organize the opposition, and did not pretend otherwise. But they were effective because they had actual grass-roots buy-in. Elizabeth Juviler co-founded an Indivisible group in the district of Rep. Rodney Frelinghuysen (R-N.J.). “He’d never taken a position against the party,” Juviler said in an interview. “By all accounts, he’s an affable person, but he wasn’t accessible.”

The group, NJ11th for Change, birddogged the Republican congressman with two tactics. First, it held mock town hall events in all four of the counties he represented. “Thousands” of people showed, according to Juviler; all were informed of how to call his office. When the health-care bill was dropped, Frelinghuysen was besieged with calls. And on Friday, he announced that he would oppose AHCA. According to Joe Dinkin, a spokesman for the Working Families Party, there were dozens of stories like that.

“For the first time in a long time, a pretty sizable number of Republicans were more scared of grass-roots energy of the left than of primaries on the right,” said Dinkin.

Helpless to defeat the bill with their numbers — and not even consulted by Republicans who intended to push it through — Democrats counted on the grass-roots energy to grind the majority down. There was no big rally at the Capitol, because the activism in districts was seen as more effective.

“Those big rallies get a lot of media coverage, but they’re not effective,” said Rep. Raul Grijalva (D-Ariz.), the co-chairman of the Congressional Progressive Caucus.

This week, as Republicans fumbled the AHCA, Democrats held relatively low-key events to draw attention to their fight. At each, they credited activists with slowing down the bill and derided Republicans for being led by Trump’s whims.

“Organizers had a first victory today,” said Rep. Primila Jayapal (D-Wash.), at a small CPC rally after the bill’s delay Thursday. “Across the country, they pummeled Republicans for this horrible bill.”

And when the bill was pulled, Pelosi joined a rally of just a few dozen people across from the Capitol, organized by MoveOn.org. She took off her heels and led the crowd in a literal jump for joy, as the members of her emboldened caucus began fundraising off the Republican failure.

“You organized across the country,” read a fundraising email from Rep. Gerry Connolly (D-Va.) after the vote. “You showed up to Republicans’ townhalls and told them your stories about the ACA saving your life. You called your Representatives and asked them to vote no. Members of Congress reported receiving thousands of calls from constituents almost uniformly against repeal.”

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