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Under settlement agreements with environmental groups and Colorado, the Bureau of Land Management is taking another look at that the Uncompahgre Resource Management Plan, which guides the management and use of nearly a million acres of public lands and mineral estate in western Colorado. Among the amendments it is considering to the Trump-era plan are alternatives that would reduce the number of acres open to oil and gas leasing. Melissa Hornbein, senior attorney at the Western Environmental Law Center, joined the podcast to discuss the RMP amendment process, including how it came about and what environmental groups want to see happen. She also gave her take on how the interests of the oil and gas industry are weighed against conservation goals and what a change in administration could mean for the RMP process. Stick around for Binish Azhar with the Market Minute, a look at near-term oil market drivers.
Call it what you want—supply side progressivism, a “liberalism that builds,” or good ol' permitting reform—a debate has emerged within progressive circles about whether environmental laws get in the way of good things, like renewable energy, and if so, what to do about it. As the executive director of a non-profit law firm that regularly uses environmental laws to fight bad things like oil and gas development, Erik Schlenker-Goodrich of the Western Environmental Law Center, has some thoughts on the matter. He joins the show for a conversation about the perils and potential of amending environmental laws to make good things easier to do. REQUIRED READING:We Must Tend the Garden of Environmental LawA Liberalism That Builds PowerWhat America Needs Is a Liberalism That BuildsSupport the show
In Oregon, private landowners may “lethally remove beaver without a permit,” according to guidance from the Oregon Department of Fish and Wildlife. A bill moving its way through the state legislature would change that. Advocates say that the current classification of beavers as a “predatory animal” on private lands limits data and ODFW control of the rodent. The bill aims to classify beavers as a “furbearer” on private lands which means the animal would be treated similarly to a raccoon or fox. Beavers already have this designation on public lands. Opponents say the current classification allows landowners, like producers, to keep their property safe from damage. In a statement, the Oregon Farm Bureau, which is opposed to the bill, wrote that the bill “allows for no consideration of a farmer or ranchers' operation, time, expense, or economic loss, including any losses related to the delay in management while they try to determine the complicated management structure HB 3464 A has created.” We learn more about the bill, from Sristi Kamal, the deputy director of the Western Environmental Law Center and a proponent of the bill.
This was a grim year in the New Mexico Legislature when it came to action on climate change. Lawmakers passed very few measures related to climate change this session, and those that did pass were vetoed by Democratic Gov. Michelle Lujan Grisham. Our Land Senior Producer Laura Paskus spoke with the leaders of three nonprofits about what went wrong and why. They also talked about why climate change still doesn't rise to the top of the political agenda, even in a blue state like New Mexico, where the public clearly wants politicians to move on climate change. Guests include: Julia Bernal, Executive Director, Pueblo Action Alliance; Camilla Feibelman, Director, Rio Grande Chapter of the Sierra Club; and Erik Schlenker-Goodrich, Executive Director, Western Environmental Law Center. Want to see more environmental coverage from NMPBS? Visit the NMPBS Video App: https://portal.knme.org/show/our-land-new-mexicos-environmental-past-present-and-future/ Subscribe to Our Land Weekly: https://lp.constantcontactpages.com/su/woyxJ21/ourland --- Send in a voice message: https://podcasters.spotify.com/pod/show/nmif/message
Today's episode is part of an ongoing semi- monthly series i'm putting together on Threatened Mature and Old Growth Forest in the united states. Mature and oldgrowth forest are vital resources for carbon sequestration, biodiversity resilience, watershed protection, air purification, and so much more.some studies show that old growth counts for as little as seven percent of our remaining forestlands. Yet mature and old growth forests, which by definition take generations to regenerate, are being logged right now. Literally, if you're listening to this during daylight hours, these heroes of our world are on the chopping block. And it's not just about the trees, it's about the entire ecosystems that they anchor.That's why the Coast Range Association is proud to be a part of the Climate Forests campaign. Over the next few months, every couple episodes or so, I'll be profiling a different threatened forest and some of the organizations working to protect them. These episodes are stand alone, but I suggest checking out episode 45 with Lauren Anderson to get a good overview of the Climate Forests campaign. You can find that, and all episodes of Coast Range Radio, wherever you get your podcasts or at Coast Range dot org.Speaking of our website, quick note: Most of the forests I'll be profiling are on public land, but private timberland reform is an absolutely critical piece of the puzzle as well, and I'd encourage anyone listening to go to coast range dot org and check out our Green New Deal for Industrial Forests Proposal.Today, I'm bringing you excerpts from two interviews I did looking at Forest on Bureau of Land Management land threatened by a pair of timber sales called ‘Poor Windy” and Evans creekI spoke with Sangye Ince-Johannsen, staff attorney with the Western Environmental Law Center, or WELC, and George Sexton, conservation director for the Klamath-Siskiyou Wildlands Center, also known as KS Wild.I really enjoyed my conversations with George and Sangye, and there was a lot I couldn't fit into the radio episode, so I'll be releasing bonus episodes of the separate conversations into the podcast feed over the next week or so. Let me know what you think of the format!If you like what we do, please consider becoming a monthly donor to the coast range association, at https://coastrange.networkforgood.com/projects/172942-support-coast-range-association. Whatever the amount, your support goes a long way with a small but mighty organization like CRA!Research Links/Show Notes:Worth more standing report: https://www.climate-forests.org/worth-more-standingPoor Windy: https://www.climate-forests.org/post/medford-district-bureau-of-land-management-oregon-poor-windy-projecthttps://westernlaw.org/court-approval-of-old-growth-sales-in-northern-spotted-owl-habitat-violated-endangered-species-act/https://www.invw.org/2022/09/09/in-the-northwest-and-beyond-mature-and-old-growth-trees-remain-under-threat-in-spite-of-bidens-move-to-protect-them/https://www.kswild.org/staff-board-1/2017/6/13/george-sextonSupport the show
President Joe Biden's executive order on tackling the climate crisis, among other things, launched a review of existing fossil fuel leasing and permitting practices. Climate and conservation groups had hoped the review would drill down into federal oil and natural gas leasing activity's impact on climate change, but the report issued Nov. 26 was mostly silent on climate. Now, groups represented by the Western Environmental Law Center are suing Interior to find out if the report was scaled back to court political favors. Senior editor Jasmin Melvin spoke with WELC executive director Erik Schlenker-Goodrich about Interior's report, what groups hope to achieve from their lawsuit and how prices at the pump and geopolitical pressures are playing into this debate. Stick around after the interview for Chris Van Moessner with the Market Minute, a look at near-term oil market drivers. This podcast was produced by Jasmin Melvin in Washington and Jennifer Pedrick in Houston.
In Albuquerque, the Conservation Carnivale brings the Rio Grande's bosque ecosystem alive with theatre—and some silliness, too. Ringleader Endion Schichtel knows how hard it is for people to see what's happening in the world. But that doesn't mean environmental education shouldn't be fun. New Mexicans already face the impacts of climate change, including uncertain water supplies for irrigation, dry riverbeds, forest die-offs, and wildfires. When it comes to climate change and climate action, what lessons do communities of faith hold for people both religious and secular? How do people grieve the loss of species and ecosystems? And how has white supremacy shaped both the climate—and Christian theology? Correspondent Laura Paskus and Larry Rasmussen, professor emeritus at Union Theological Seminary, dive into all these topics. Environment reporter Laura Paskus talks with Barbara L. Chillcott, senior attorney with the Western Environmental Law Center, to learn why conservation groups are suing the U.S. Department of the Interior over documents related to a 2021 report about the federal oil and gas leasing program. Correspondent: Laura Paskus Guests: Endion Schichtel, Ringleader, Conservation Carnival Frank, Rio Grande Silvery Minnow Abuela, Rio Grande Cottonwood Prudence, North American Porcupine Larry Rasmussen, professor emeritus, Union Theological Seminary Barbara Chilcott, Western Environmental Law Center For More Information: Conservation Carnivale Conservation Carnivale on Instagram Earth Honoring Faith Book Religion and Views on Climate and Energy Issues – Pew Research Institute Faith groups increasingly join fight against climate change – ABC News https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.doi.gov/sites/doi.gov/files/report-on-the-federal-oil-and-gas-leasing-program-doi-eo-14008.pdf Visit the NMPBS Video App: https://portal.knme.org/show/our-land-new-mexicos-environmental-past-present-and-future/ Subscribe to Our Land Weekly: https://lp.constantcontactpages.com/su/woyxJ21/ourland --- Send in a voice message: https://anchor.fm/nmif/message
Laura King, a 32 year old married to her high school sweetheart, becomes pregnant and has to juggle that with the stress of being in law school. Her first ultrasound is an internal ultrasound at five weeks and goes well. She returns home and has to go back to the hospital after complications arise. ` As the mom of an 8-year-old boy and his four-year-old brother, Laura King gets the chance to tell two or three stories a day, mostly about spiders, fairies, and superheroes. She was, at the time she shared her story, also a lawyer with the Western Environmental Law Center in Helena. There she told stories about arbitrary and capricious government action (and weaves in spiders, fairies, and superheroes where possible). She has since moved to California to focus on a story that will take a long time for her to tell. We'll get into that more during our conversation. I caught up with Laura in June of 2020.
This is a conversation with Deb Evans and Ron Schaaf about the Jordan Cove project. Deb and Ron are landowner plaintiffs in the Deborah Evans v. FERC lawsuit. We talk about what happened at the oral arguments in the DC Circuit court on October 28. Deb, Ron and other landowners threatened with eminent domain, were represented by the Niskanen Center. https://www.niskanencenter.org/ Also at the October 28 court hearing, environmental groups were represented by Sierra Club and Western Environmental Law Center. https://westernlaw.org/ Recording of the October 28 argument is here: https://www.cadc.uscourts.gov/recordings/recordings2021.nsf/E49C2CAEBC1395A28525877C0060D500/$file/20-1161.mp3 Deb and Ron talk about the history of Jordan Cove, the impacts of the required Oregon state permits, and what the future looks like for the proposed Canadian pipeline through southern Oregon. For more information, see: Our Land - Our Lives Landowner website: https://www.ourland-ourlives.org/ Deb and Ron suggest we thank Senator Merkley and Senator Wyden for their bill, Landowner Fairness Act, which would help reduce burdens on landowners from oil and gas corporations. Landowner Fairness Act - Full Bill: https://www.congress.gov/bill/117th-congress/senate-bill/641/text Our ending song is the Jordan Cove Rock, by Harry Stamper. I haven't yet found a place online to purchase Harry's music, but you can hear more of it here: http://pnwfolklore.org/HarryStamper.html ... http://archiveswest.orbiscascade.org/ark:/80444/xv24615
The U.S. has a long history of wolf annihilation, reintroduction, and recovery. Now the federal government has stripped protection of wolves under the federal Endangered Species Act. Joining us to talk about what this means for wolf recovery on the West Coast are Amaroq Weiss, West Coast Wolf Advocate, Center for Biological Diversity; Kimberly Baker, EPIC's Public Land Advocate; and John Mellgren, Attorney for the Western Environmental Law Center.For more info:Pacific Wolf CoalitionWolves on the West Coast. The Center and allies petitioned California to protect wolves under the state Endangered Species Act and, in June 2014, the California Fish and Game Commission voted to grant our petition. Those protections were extremely timely because only one year later, California's first known wolf family, the Shasta pack, was confirmed in the state, and the following year a new pair was confirmed in Lassen County.Support the show (https://www.humboldtbaykeeper.org/get-involved/donate)
Jay is joined by Susan Jane Brown, Public Lands and Wildlife Attorney for the Western Environmental Law Center, which litigates on behalf of the environment all over the West. Susan Jane joined the Center as a staff attorney in 2009 after serving as natural Resources Counsel for Congressman Peter DeFazio (D-OR) in Washington, D.C. She also worked as a staff attorney with the Pacific Environmental Advocacy Center at the Lewis & Clark Law School in Portland. A nationally recognized expert of forest law, Susan Jane is a recipient of the Wilburforce Foundation’s Conservation Leadership Award, honoring her years of hard work protecting wildlife and wildlands in the West and recognizing her outstanding leadership in the conservation movement. Susan Jane graduated from Vanderbilt University and earned her law degree from Lewis & Clark Law School. She works from the Center’s office in Eugene, Oregon.More Wilderness & Wildlife info available at www.jswilderness5.netSupport the show (https://www.patreon.com/user?u=25149153)
Just days before a new administration takes over, the U.S. Fish and Wildlife Service announced it would remove protections for 3.4 million acres of forest land currently considered critical habitat for the northern spotted owl. The owl is listed as threatened under the Endangered Species Act, and inspired bitter fights between the logging industry and environmentalists in the 1990s. Timber industry groups are hailing the rule change as a positive step, while conservationists say it could lead to extinction for the spotted owl. We hear from Chris Cadwell, forester and natural resource analyst with the Association of O&C Counties and Susan Jane Brown, staff attorney at the Western Environmental Law Center.
Welcome to Majority.FM's AM QUICKIE! Brought to you by justcoffee.coop TODAY'S HEADLINES: The coronavirus numbers continue to hit new records. Amid the crisis, overtaxed hospitals and health authorities are taking desperate measures to recruit more nurses. Meanwhile, Donald Trump is stoking a nasty intra-party fight in Georgia, which Republicans need to hold in order to keep control of the Senate. And in Wisconsin, his campaign loses once again in the courtroom. And lastly, how much do we need to worry about Trump’s civil servant stay-behind network? Maybe not too much, according to a new investigation by ProPublica. THESE ARE THE STORIES YOU NEED TO KNOW: It’s not letting up. Figures released yesterday show the United States recorded over thirty one hundred Covid-19 deaths in a single day, obliterating the record set last spring, the Associated Press reports. For the first time, the number of Americans in the hospital with the virus has eclipsed one hundred thousand. New cases have begun topping two hundred thousand a day. And Robert Redfield, head of the Centers of Disease Control and Prevention, said this week that the next three months are going to be QUOTE the most difficult time in the public health history of this nation ENDQUOTE. Nearly twenty thousand Americans could die of Covid-19 during the week of Christmas, according to a CDC forecast. Across the US, the surge has swamped hospitals and left nurses and other health care workers shorthanded and burned out, the AP reports. Hospitals are trying to lure nurses and doctors out of retirement, recruiting students and new graduates who have yet to earn their licenses and offering eye-popping salaries in a desperate bid to ease staffing shortages. Nurses who work in intensive care are the most in demand. Employers also are willing to pay extra for nurses who can work up to sixty hours per week instead of the standard thirty six. Doctor Eli Perencevich, an epidemiology and internal medicine professor at the University of Iowa, told the AP that health care workers are paying the price for other people’s refusal to wear masks. He said QUOTE It’s sending everyone to war, really. We’ve decided as a society that we’re going to take all the people in our health care system and pummel them because we have some insane idea about what freedom really is ENDQUOTE. Well put, doc. Trump Divides Georgia GOP In his final weeks in office, Donald Trump is turning the Republican Party against itself. He will hold a rally in Georgia on Saturday to support Republican Senators David Perdue and Kelly Loeffler against Democrats Jon Ossoff and Raphael Warnock. The January 5 runoff election will decide which party controls the US Senate. But, as the Washington Post reports, Trump has some Republicans worried he could do more harm than good by repeating false claims about the voting system and attacking GOP officials. The competing GOP factions are growing increasingly angry and distrustful, according to the Post. Leading the charge on one side are two Trumpista attorneys who are urging Republicans to withhold their votes from the runoffs if leaders don’t fight to overturn the November election. Following their lead, Republican state lawmakers held a hearing yesterday about alleged voting irregularities. On the other side, there is Secretary of State Brad Raffensperger and a senior member of his staff, Gabriel Sterling, who blame Trump’s inflammatory rhetoric for a surge of threats against election officials. And more than a dozen longtime Georgia Republicans penned a letter urging the party to come together and focus on winning the Senate seats, the Post reports. Elsewhere, Trump’s campaign to subvert democracy keeps sputtering. The Wisconsin Supreme Court yesterday refused to hear Trump’s lawsuit attempting to overturn his loss to Biden. Justices ruled four to three that the case must first wind its way through lower courts, the AP reports. Trump had asked the court to disqualify more than two hundred and twenty one thousand ballots in the state’s two biggest Democratic counties. Finally, the AP reports, Arizona Governor Doug Ducey confirmed that it was Trump on the phone when he silenced a call while in the middle of signing papers certifying election results showing Trump lost the state. A video capturing the moment went viral on social media. Good show by Ducey there. What good could possibly come of taking a call from lame duck Trump? Trump 'Burrowers' Plague Federal Agencies LUCIE: Some government-watchers are raising concerns over how Trump might exert influence after he’s out of office. ProPublica looked into a phenomenon known as burrowing that occurs at the end of every administration. Last week, House Democrats sent a letter to sixty-one federal agencies asking for information on political appointees who have been hired into career jobs. ProPublica found thirty-two political appointees whom the Trump administration has sought to hire into civil service positions in the first three quarters of this year. In 2019, ProPublica reports, the Office of Personnel Management approved twenty-eight conversion requests. The Trump administration list of burrowers includes a longtime staffer for Grover Norquist’s group, Americans for Tax Reform; a former chief of staff to Republican Senator Ted Cruz; and a lawyer for energy and mining companies. The Interior Department accounts for several approved transfers this year. Gregory Sheehan, for instance, was appointed deputy director of the Fish and Wildlife Service in June 2017. In that position, he opened vast swathes of federal land to hunting and fishing and weakened protections for endangered species. Sheehan served fourteen months before resigning, ProPublica reports. But in August, Sheehan was hired for a $167,000-a-year job as director of the Bureau of Land Management’s office in his home state. Susan Jane Brown of the Western Environmental Law Center told ProPublica Trump’s efforts to burrow employees are coming too late. She said it seems they are looking for QUOTE anybody with a pulse to put into some of these positions for the remainder of the lame duck ENDQUOTE. Overall, some progressive advocates said they don’t think the conversion of political appointees into career positions will be as deep or influential as it was in the last Bush administration, when one hundred and thirty-nine officials found their way into civil service jobs. So that’s a relief. AND NOW FOR SOME QUICKER QUICKIES: Senate Majority Leader Mitch McConnell and House Speaker Nancy Pelosi spoke yesterday about finally moving forward on a new coronavirus relief deal. They also discussed reaching a deal on a spending bill to avert a government shutdown on December 11, the Post reports. Go on, take your time, it’s no big deal. Politico reports that prominent California Democratic strategist Nathan Ballard -- a longtime friend and adviser to Governor Gavin Newsom -- was arrested and jailed on two felony domestic violence charges. The allegations include attempting to suffocate a child with a pillow. In November 2019, Ballard was profiled in Better magazine as one of the Bay Area’s most successful dads. There’s a story that needs an update. The top US military officer said yesterday that the US should reconsider stationing troops and their families in large overseas bases, the AP reports. Joint Chiefs of Staff chairman Mark Milley said he thinks we have too much permanent infrastructure overseas. Defund the empire, now there’s a snappy slogan! Protests by farm workers demanding better wages in Peru raged on for a fourth day yesterday, Reuters reports. Protesters say they’ve been attacked by police in large numbers, and one person has died. All we can say is: Solidarity! That’s all for the AM Quickie. Join us this afternoon on the Majority Report. DEC 4, 2020 - AM QUICKIE HOSTS - Sam Seder & Lucie Steiner WRITER - Corey Pein PRODUCER - Dorsey Shaw EXECUTIVE PRODUCER - Brendan Finn
In this episode of This Green Earth , Matthew Bishop , an attorney with the Western Environmental Law Center talks about the Trump Administration's decision last week to not provide protection to wolverines under the Endangered Species Act. Once numbering in the thousands, there are now fewer than 300 wolverines remaining in the contiguous U.S. He'll explain why his group is filing a lawsuit against the administration's decision.
In this episode we speak with Andrea Rodgers, Senior Attorney at Our Children’s Trust. We discuss environmental law in the age of coronavirus and the non-profit public interest law firm, Our Children’s Trust. Andrea then provides updates from the climate justice case, Juliana vs United States.Andrea Rodgers is the Senior Attorney at Our Children’s Trust where she serves as co-counsel on the constitutional youth climate lawsuit against the federal government, Juliana v. United States, and as lead counsel on the constitutional youth climate lawsuits against the state of Washington, Aji v. State of Washington, and the state of Florida, Reynolds v. State of Florida. She has served as an Honors Attorney for the U.S. Department of Transportation, In-House Legal Counsel for the Snoqualmie Indian Tribe, and Staff Attorney for the Western Environmental Law Center. Her environmental law practice focuses on reducing pollution from industrial agricultural operations, protecting and enhancing instream flows for people and fish, and fighting climate change on behalf of young people and future generations. Andrea is licensed to practice law in Washington and Oregon and is admitted to practice in the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit and Tenth Circuit, U.S. District Courts for the Eastern and Western Districts of Washington, Oregon, Montana, and Northern California, the Snoqualmie Tribal Court, the Lummi Indian Nation Tribal Court and the Muckleshoot Tribal Court.Support the show (https://coastrange.org/donate/)
Why is the Amazon burning? Thom considers the factors that have lead to the crisis and how our food consumption patterns make a difference. ~ Thom speaks with David Korten of the Living Economies Forum on how an extinction event could actually SAVE the human race. The growth of GDP has been aimed at increasing the bank accounts of billionaires and not focusing on long term survival on the planet. ~ Fascism is using environmentalism as a new tactic to get young people to join what is being called Eco-fascism. Mustafa Santiago Ali of the The National Wildlife Federation joins the Thom Hartmann program to explain the nearly contradictory politics of Eco-fascism. ~ Donald Trump is trying to gut national forest protections, clearing the way for logging, mining and other environmentally destructive acts. Fighting the Trump administration on the destruction of our forests for profit and their plots to remove protections for our wild areas, Susan Jane Brown of The Western Environmental Law Center joins Thom to discuss the need to shift environmental decision making back in public view. ~ Thom's Geeky Science Fact on antibiotic resistant bacteria in the environment.
For more Hothouse Earth, follow us on Twitter @HothouseEarth, and subscribe to our newsletter on our website, www.hothouseearthpodcast.com. Guests: Kyle Tisdel JD'05, Western Environmental Law Center Shiloh Hernandez JD'08, Western Environmental Law Center Hosts: Jeannie Oliver, Assistant Professor and Staff Attorney Mason Overstreet, LLM Toxics Fellow with the Environmental and Natural Resources Law Clinic With special thank you to the Vermont Journal of Environmental Law and the Top 10 Environmental Watch List 2019: http://vjel.vermontlaw.edu/topten/?toptenyear=2019
The amended complaint of the youth climate lawsuit, Juliana v. United States, includes a Prayer for Relief stating that “Defendants have violated and are violating Plaintiffs’ fundamental constitutional rights to life, liberty, and property by substantially causing or contributing to a dangerous concentration of CO2 in the atmosphere, and that, in so doing, Defendants dangerously interfere with a stable climate system required by our nation and Plaintiffs alike.” In other words, the government isn’t just sitting back while climate change happens, they’re implementing an energy policy that actively contributes to the problem. Andrea Rogers is Senior Staff Attorney with Our Children’s Trust, an organization working to elevate the voice of youth in an effort to secure the legal right to a stable climate system. Andrea is a graduate of the Arizona State University School of Law, where she served as co-executive editor of Jurimetrics: The Journal of Law, Science and Technology. Her impressive resume includes roles as In-House Legal Counsel for the Snoqualmie Indian Tribe and Staff Attorney for the Western Environmental Law Center. Andrea’s environmental law practice is dedicated to reducing pollution and fighting climate change. Today, Andrea joins Ross and Christophe to explain why Juliana v. US qualifies as a constitutional law case, sharing the progress of the case to date and discussing how it provides a framework for decarbonization. She describes the nuances of the government’s duty to protect its citizens and counters the argument that the government didn’t know its energy policy contributed to climate change. Andrea also offers insight around the role of public trust doctrine in Juliana v. US, the court’s ability to influence policy, and the government’s defense in the case. Listen in to understand the role of the judiciary in setting new precedent and learn how you can support Our Children’s Trust in furthering this landmark case. Resources Our Children’s Trust Join Juliana No Ordinary Lawsuit Podcast Juliana v. US Professor Mary Wood DeShaney v. Winnebago County Obama at the 2018 Rice University Gala Obergefell v. Hodges Brown v. Board of Education McCleary v. State of Washington DC v. Heller Green New Deal Jimmy Jia on RCC EP057 Jeff Sachs Evolved Energy Research Carbon Removal Newsroom Review RCC on iTunes Connect with Ross & Christophe Nori Nori on Facebook Nori on Twitter Nori on Medium Nori on YouTube Nori on GitHub Email hello@nori.com Nori White Paper Subscribe on iTunes Key Takeaways [1:38] Andrea’s path to reversing climate change Father founder of environmental law ASU for Science and the Law program Wrote litigation manual for 2011 suit On team filed Juliana v. US in 2015 [5:11] The legal flaw of laws passed to protect the environment Prior to passage, file on ‘nuisance grounds’ (judge’s discretion) Laws legalized certain levels of air, water pollution [8:20] Why Juliana v. US qualifies as a constitutional law case Youth born into dangerous climate system Consequences infringe on liberty [10:29] The argument that the government doesn’t have a duty to protect Not obligated to take action to protect Prohibited from authorizing policy that causes harm Duty to protect if place person in position of danger (e.g.: DeShaney) [13:10] The argument that the government didn’t know it was contributing to climate change Control energy systems, future with policy Duty to certain amount of knowledge re: consequences [15:19] The progress of Juliana v. US to date Judge Ann Aiken found right to stable climate system = attribute of liberty Government moved to dismiss case 12 times (prevent from going to trial) [19:10] The cases that inspire Andrea’s team as precedent Brown v. Board of Education Prison reform litigation McCleary v. State of Washington [22:50] The role of public trust doctrine in the case of Juliana v. US Government cannot allow substantial impairment of resources Plaintiffs denied access to beaches, crab on Oregon coast Constitutional injury = loss of home + mental health impacts [26:54] Why Our Children’s Trust seeks to hold executive agencies liable Obligated to implement authority in way that doesn’t violate constitutional rights Seeks declaratory + injunctive relief (as opposed to damages) [28:37] Andrea’s insight on the court’s ability to influence policy Cannot dictate how legislative, executive branch implement policy No way to force elimination of fossil fuel subsidies [29:54] The role of the judicial branch in setting new precedents Liberal courts willing to expand notion of individual rights Constitutional traditionalists hesitate to apply discretion in interpreting law [32:27] How Juliana v. US provides a framework for decarbonization Must show that injuries redressable 21 experts developing pathways to get US off fossil fuels [36:29] The other issues that might use Juliana v. US as precedent Gun violence Institutional reform [41:18] The role of the Supreme Court Bulwark to protect constitutional rights Expected to change with societal norms [44:18] The government’s argument regarding Juliana v. US Children not harmed differently from anyone else Contest what experts say economically, technically feasible [46:00] The grounds on which Our Children’s Trust might lose their case Standing (youth must show personal injury differs from others) Must prove US energy policy responsible for problem Court must accept role to review executive, legislative actions
Climate change is already impacting New Mexico. How do we deal with this to protect our waters, our communities and our children? How do we think strategically and long-term when it comes to dealing with what is truly an existential threat. What are the issues facing New Mexico and what is being done both at a Federal and State level? Jim O'Donnell talks with Erik Schlenker-Goodrich, the Executive Director of the Western Environmental Law Center. This episode was recorded at the studios of KNCE True Taos Radio on March 7, 2019. Produced by Jim O'Donnell. Edited by Brett Tomadin.
On this episode of the Rocky Mountain Review, hosts Emily Mashak, and JD Leighton had the opportunity to sit down with Mitchell James, an up and coming rapper in the Fort Collins area, as well Kelly Nokes of the Western Environmental Law Center to talk about the potential change in status of the endangered Gray […] The post The Rocky Mountain Review – March 28th, 2019 appeared first on KCSU FM.
This episode of Tell Us Something was recorded in front of a live audience on April 6, 2017 at Free Ceramics in Helena, MT. 9 storytellers shared their story. The theme was “The First Time”. Today’s podcast comes to us from Laura King and is titled “My First Pregnancy”. Thank you for listening. Laura King, a 32 year old married to her high school sweetheart, becomes pregnant and has to juggle that with the stress of being in law school. Her first ultrasound is an internal ultrasound at five weeks and goes well. She returns home and has to go back to the hospital after complications arise. As the mom of a 3-year-old boy, Laura King gets the chance to tell two or three stories a day, mostly about spiders, fairies, and superheroes. She is also a lawyer with the Western Environmental Law Center in Helena, where she tells stories about arbitrary and capricious government action (and weaves in spiders, fairies, and superheroes where possible).