Archives for category: Environment

While most of us were transfixed by the drama surrounding the U.S. Supreme Court, the Trump Administration was busy eliminating the role of science in the federal Environmental Protection Administration. In the Trump administration, the work of dismantling environmental protection, public education, civil rights, and every progressive policy of the past century goes on daily, without delay, even as the far-right evangelicals secure the fifth seat on the Supreme Court to assure that their actions will never lose in court.

WASHINGTON — The Environmental Protection Agency plans to dissolve its Office of the Science Advisor, a senior post that was created to counsel the E.P.A. administrator on the scientific research underpinning health and environmental regulations, according to a person familiar with the agency’s plans. The person spoke anonymously because the decision had not yet been made public.

The science adviser works across the agency to ensure that the highest quality science is integrated into the agency’s policies and decisions, according to the E.P.A.’s website. The move is the latest among several steps taken by the Trump administration that appear to have diminished the role of scientific research in policymaking while the administration pursues an agenda of rolling back regulations.

Asked about the E.P.A.’s plans, John Konkus, a spokesman for the agency, emailed a prepared statement from the science adviser, Jennifer Orme-Zavaleta, in which she described the decision to dissolve the office as one that would “combine offices with similar functions” and “eliminate redundancies.”

In an email, Dr. Orme-Zavaleta referred questions to the E.P.A.’s public affairs office.

Dr. Orme-Zavaleta is an expert on the risks of chemicals to human health who has worked at the E.P.A. since 1981, according to the agency’s website. It was unclear whether she would remain at the E.P.A. once the decision takes effect.

Separately, on Tuesday, in an unusual move, the E.P.A. placed the head of its Office of Children’s Health, Dr. Ruth Etzel, on administrative leave, while declining to give a reason for the move. Agency officials told Dr. Etzel, a respected pediatric epidemiologist, that the move was not disciplinary. As the head of an office that regularly pushed to tighten regulations on pollution, which can affect children more powerfully than adults, Dr. Etzel had clashed multiple times with Trump administration appointees who sought to loosen pollution rules.

Michael Mikulka, who heads a union representing about 900 E.P.A. employees, said, “Clearly, this is an attempt to silence voices whether it’s in the agency’s Office of Children’s Health or the Office of the Science Advisor to kill career civil servants’ input and scientific perspectives on rule-making.”

The changes at the two offices, which both report directly to the head of the E.P.A., come as the agency’s acting administrator, Andrew Wheeler, a former coal lobbyist, is overseeing a reorganization of the agency.

After dissolving the office of the scientific adviser, Mr. Wheeler plans to merge the position into an office that reports to the E.P.A.’s Deputy Assistant Administrator for Science, a demotion that would put at least two more managerial layers between the E.P.A.’s chief scientist and its top decision maker.

“It’s certainly a pretty big demotion, a pretty big burying of this office,” said Michael Halpern, the deputy director of the Center for Science and Democracy with the Union of Concerned Scientists, an advocacy group. “Everything from research on chemicals and health, to peer-review testing to data analysis would inevitably suffer,” he said.

The move comes after several months in which the leaders of the E.P.A. have systematically changed how the E.P.A. treats science. The agency’s previous administrator, Scott Pruitt, who resigned in July amid allegations of ethical violations, in April proposed a regulation that would limit the types of scientific research that E.P.A. officials could take into account when writing new public health policies, a change that could weaken the agency’s ability to protect public health.

Last year, Mr. Pruitt significantly altered two major scientific panels that advise the E.P.A. on writing public health rules, restricting academic researchers from joining the boards while appointing several scientists who work for industries regulated by the E.P.A.

No excuses!

Newark’s largest charter-school network suspends students with disabilities at a disproportionately high rate, violating their rights, according to a new complaint filed with the state.

The complaint alleges that North Star Academy gave suspensions to 29 percent of students with disabilities during the 2016-17 school year. The network disputes the complaint’s allegations and says the actual figure was 22 percent.

North Star removed students with disabilities from their classrooms for disciplinary reasons, including suspensions and expulsions, 269 times that school year, according to the complaint filed by an attorney at the Education & Health Law Clinic at Rutgers Law School in Newark. The complaint is based on state data and reports by parents who contacted the clinic.

Those numbers stand in sharp contrast to ones at Newark Public Schools, where students with disabilities were sent out for disciplinary reasons just 87 times that school year, according to state data. Overall, just 1.3 percent of special-education students and 1.1 percent of all students were suspended in 2016-17, according to the attorney’s analysis of state data. Excluding North Star, the city’s charter schools together suspended about 9 percent of students with disabilities, the analysis found…

North Star is part of the Uncommon Schools network — one of several large charter-school organizations whose reliance on strict discipline and demanding academics is sometimes called “no excuses.” Some of the schools have softened their discipline policies in recent years, but others have held firm, insisting that their no-nonsense approach to misbehavior creates a safe, orderly environment where students can focus on academics.

According to the complaint, North Star continues to take an exacting approach to managing behavior. Each week, students receive behavior points in the form of “paychecks.” They can lose points for even minor infractions, such as not paying attention in class or violating the school-uniform code. If their points dip below a certain level, they can be sent to detention or suspended, the complaint says.

The complaint alleges that some students with disabilities struggle to follow the rules, and wind up being punished at a higher rate than non-disabled students. Federal data from the 2014-15 school year appear to support that claim. In that year, students with disabilities made up 7.2 percent of North Star’s enrollment, yet they received 16.5 percent of in-school suspensions and 12.9 percent of out-of-school suspensions, according to data compiled by the U.S. Education Department’s Office for Civil Rights

David W. Orr is the Paul Sears Distinguished Professor of Environmental Studies and Politics at Oberlin College and a James Marsh Professor at the University of Vermont.

Because this essay is long and I hope you will read it, I’m not putting up a lot of posts today. I am furious about the Trump administration’s sustained attack on the environment and wilderness.

Guns or knives, Butch . . . “
The (Missing) Politics in Environment Education
David W. Orr

“It’s very hard to see us fixing the climate until we fix our democracy.”
​​​​​​​​James Hansen

For all of our successes, and they are many, and for all of our considerable efforts, and they are admirable, humankind is losing the effort to save a decently habitable planet. The immediate causes include rapid climate destabilization, ocean acidification, and the loss of biodiversity all driven by the expanding human footprint. With determination and effort, some damage is repairable in a timescale that matters, but much of it is irreversible. Fervently, one wishes that it were otherwise, but it is not.

The reflections below are addressed to my colleagues in environmental education who as Aldo Leopold wrote, “live alone in a world of wounds . . . that believes itself well and does not want to be told otherwise.” Since those words were written in the 1940s, we have done many good things, but in total they do not match the scope, scale, and urgency of the challenges we presently face and that our progeny will confront through the centuries of the “long emergency.” There are many reasons for this beginning with the massive size and duration of the “environmental problem.” But most important is our tendency to overlook the inconvenient reality that the use and disposition of land, air, water, forests, oceans, minerals, energy, and atmosphere are inevitably political having to do with “who gets what when and how.” With notable exceptions, however, we aimed to avoid politics and giving offense in a highly polarized time but now things are fast coming undone and time for correction is very short. To wit.

If today is a typical day in our nation’s Capital, the dismantling of the Environmental Protection Agency and our collective capacity to protect our air, water, lands, biota, climate, and health will proceed apace, but mostly out of sight. Our common heritage of lands, parks, national monuments, and unique ecosystems will decline further. Today the interests of the wealthiest fraction of the top 1% will advance while those of the bottom 90% will recede. Today the causes of peace and justice will languish, those of militarism and violence will expand. No inspiring truth or ideal will be forthcoming from the White House to dilute the rampant greed, lies, megalomania, and criminality that infect our politics, now more than ever in our history. Suffering imposed on the most vulnerable citizens will be regarded with cold indifference; our duties and obligations to prevent future suffering and injustice will be ignored in silence. Painstakingly assembled over two centuries, the institutions and norms of governance will be debased behind closed doors. Our common wealth is up for sale; a tsunami of lies and “dark” money threatens to drown what remains of the public interest.

None of this is particularly new and none of it is accidental. It is rather the result of decades of effort to reshape the American political system to the advantage of corporations and the wealthy. To do that, it was necessary to undermine institutions and subvert our public language and our common understanding of facts and reality. Not to put too fine a point on recent history, it was a decades-long coup but without tanks in the streets or Colonels with dark glasses. How did it happen?

I

One answer is that we were not paying attention when we might have helped to move our politics in a better direction. While we were writing brilliant articles and books, they were taking over school boards and city councils. While we were holding great conferences in beautiful places, they were taking over state legislatures and governor’s offices. While we were doing science, they were doing politics taking over Congress, the Senate, the court system, and learning the arts of manipulation by television, radio, internet, and social media. While we were growing school gardens and talking about exciting possibilities for renewable energy and ecological agriculture, they were steadily forcing our politics to the right and taking over the party of Lincoln, Teddy Roosevelt, and Eisenhower. While we were getting in touch with our inner selves, they were staffing up on K Street. While we were trying to make peace with capitalism, they were at Davos advancing the cause of neoliberalism and working to make the rich much richer and the poor that much poorer. While we were trying to be bi-partisan, they were doing zero-sum politics, that is to say heads they win tales we lose. While we were most often right about the issues, they were taking power. While we were trying to be reasonable, they were cultivating and exploiting resentment. While we were reading Aldo Leopold and Rachel Carson, they were marinating in the bizarre philosophy of Ayn Rand. And, perhaps most important, while we were doing our eco-thing, Richmond attorney and future Supreme Court Justice, Lewis Powell was drafting the memo to the U.S. Chamber of Commerce (1971) that became the battle plan for a massive corporate counter attack against environmentalism and progressive movements. In the fevered politics of those turbulent years, his memo sparked the creation the organizations charged with legitimizing and justifying the politics of a new era of Robber Barons.

Who are they? Whatever else they may be, they are not conservatives in the mold of Edmund Burke or Richard Weaver or even Barry Goldwater. Many are descendants of the far-right of American politics with roots in the South with its long history of opposition to the Federal government as a countervailing force to racial discrimination and unbridled corporate power. Their agenda includes a hodge-podge of ideas such as “getting government off our backs” (but leaving predatory corporations there), ending Social Security, further enlarging the military, terminating a woman’s right to choose, eliminating environmental protections, defunding social programs, ending restrictions on gun ownership, freedom from public obligations, and always more tax cuts for corporations and the wealthy. In other words, they don’t like government regulations, taxes, uppity women, assertive minorities, national forests, public parks, the Postal Service, science, a fact-checking, investigative media, controls on gun ownership, and, of course, “liberals.”

They include neo-Nazis, white supremacists, internet trolls, tea-partiers, climate change deniers, extreme evangelicals, FOX news true believers, Limbaugh “ditto-heads,” Ayn Rand libertarians, free market ideologues, and some well-heeled people who really ought to know better. Disproportionately, they’re angry white guys and their enablers who are aren’t as angry but are adept opportunists who know how to make money from those who are. They are well-armed, noisy, and increasingly well-organized. They are inclined to the kind of self-righteousness that justifies means by the unquestioned self-anointed holiness of the ends. They now control what remains of the Republican Party that once stood for the kind of conservatism that included a commitment to fiscal integrity, personal probity, a regard for facts, public decency, balanced budgets, common sense, and the kind of patriotism that could cost you something. Donald Trump gave voice to their inchoate rage and created a world-class model of a kakistocracy, an ancient Greek word that means government run by the worst, least qualified, and most unscrupulous. They are a minority but an intense, highly organized, and well-funded minority and sometimes that is all it takes to cause political havoc. On the eve of the Nazi takeover in 1933, for example, only 22% of Germans were members of the Nazi Party.

“We,” on the other hand, are mostly Democrats, liberals, and self-described progressives dispersed across multiple overlapping issues. We don’t like polarization or hard-ball politics, or say we don’t. We like to “get to yes” and cost-free “win-win” solutions. We listen to National Public Radio, get our news from MSNBC and The New York Times. We read publications like The New Yorker and The New York Review of Books. We have college degrees. We are geographically confined to reservations in the Northeast and West Coast and a few urban enclaves and college towns in between. We are more likely to live in cities and work in professions. We talk at length about listening to “them” with greater empathy, feeling their pain, understanding where they’re coming from, etc. Too often, we are analytical, boring, and long-winded. We talk in footnotes and are a poor match for those who recite well-rehearsed talking points delivered early each morning by a disciplined media machine.

Nonetheless, we can be very proud of the intellectual capital and knowledge we progressive environmentalists built over many decades. We wrote remarkably good books on environmental education, sustainability, justice, environmental economics, renewable energy, climate change, sustainable agriculture, and greening cities. Our analysis of complex policy issues was, by and large, very good. In a rational country, we would be winning in a landslide. Alas, history and human nature are seldom so simple. The spoils go to the winners, not always to those who were merely right about the issues. “They” now hold the power that runs the country and is running it into the ground. They control the weapons that could destroy civilization. They control policies affecting taxing and spending, health care, regulation, banks, the distribution of wealth, education, public health, military spending, war and peace, media, law enforcement, and the environment. But for the most part, they are proudly ignorant of ecology and earth systems science.

This is a slight caricature, but only slightly. The line separating “us” from “them” is admittedly blurry and so I will qualify my words. Sometimes people change their opinions, reason breaks through the fog of ideology, and sinners repent. Sometimes it is possible to find the Holy Grail of common ground, and there are conversions on the road to Damascus. Sometimes people backslide to a more reasonable place, but mostly we cling to our opinions and narratives like shipwrecked sailors on the high seas cling to flotsam.

On the other side, some of us have worked on political campaigns and have taken on issues like climate change, but our hearts are in building green schools, designing cool cities, and creating models of a future with organic gardens and regenerative farms. All good and necessary things. We aimed to be decent and accommodating, while mostly avoiding the hard work of long-term political organizing, persuasion down at the truck stop, local politics, and messy issues of governance. In other words, we did the non-controversial bottom up things, but they seized the commanding heights of power and wealth.

II

The dominant fact of our time is the rapid decline in the vital signs of earth. For educators the question is what we can do to seriously and soon improve the human prospect, and not just lament our peril. The overriding fact is that we know much more about the science of ecology than we do about the implications it poses for governance, law, and policy. As a result, we do not yet know how to translate ecology and earth systems science into laws, regulations, public institutions, and economic arrangements with the resilience and durability necessary for human survival over the long haul. The upshot is that any adequate response to our predicament must begin with an understanding of political economy large enough to include ecology and earth systems science and the organizational capacity to make it mainstream.

As noted above, all environmental issues from local to global are unavoidably political, having to do with “who gets what, when, and how.” The “who” includes all of those qualified as citizens, including those unborn but presently excluded from our moral community. “What” includes everything derived from nature that is transformed into wealth as well as the ecological processes that recycle the resulting waste or consign it to oceans and atmosphere. The “how” of politics are the rules that govern inclusion, exclusion, political processes, and the allocation of power. For citizens there is no way to be apolitical. To the extent that we stand aloof from politics, we give tacit assent to an ecological status quo that is destroying the habitability of the earth. For educators the conclusion is straightforward: politics, policy, and political philosophy should feature in the core of environmental education. Otherwise, we leave our students clueless, inarticulate, and adrift in the political turmoil that is engulfing the world and impairing our common future. We do not have an environmental crisis as much as a political crisis that is the sum total of our failures of foresight, empathy, and morality in the conduct of our public business. It is, however, an open question what kind of political changes will be necessary to calibrate human institutions and behavior with the earth’s systems and processes in a manner that advances the causes of justice, fairness, decency, and the hard-won gains of civilization. Whatever arrangements we make, however, we must reckon with five fundamentally political challenges.

​The first and most mundane has to do with governance. The emergence of environmental law and regulation in the years from 1969 to 1980 presaged the dawn of a new beginning between humankind and the natural world. The signal accomplishments included the passage of the National Environmental Policy Act (1969), creation of the Council on Environmental Quality, the Clean Air Act, Clean Water Act, the Wilderness Protection Act, Endangered Species Act, the Scenic and Wild Rivers Act, and by executive order, formation of the Environmental Protection Agency. These achievements reflected a consensus among Democrats and Republicans. Their work remains the primary framework for present-day environmental policy now under assault by the Trump administration.

As important as they were, however, environmental laws and regulations of that era left much undone. They did not confront larger issues such as climate change, energy policy, land use, technological change, and the overall scale of the economy that were in various ways left to the market. As a result, the goal to grow the economy on one hand conflicts with protecting the environment on the other. Notably, the Environmental Protection Agency, for example, had no “organic statute” to resolve those competing ends and to clarify its mission and set priorities. Our national capacity to foresee technological problems was crippled by the abolition of the Office of Technology Assessment in 1994. Environmental regulation occurs under the commerce clause of the Constitution—an awkward arrangement at best. Moreover, deeper issues having to do with the recalibration of governance with the holistic and long-term ecological systems that require foresight and a systems thinking were left unresolved in the ongoing conflict between public and private rights. It is not clear whether or how a democratic society might resolve such issues.

The second challenge, then, has to do with the viability of democracy. We simply do not know whether democracy as practiced today will rise to the challenge of protecting and restoring the ecosphere. Biologist Garrett Hardin had his doubts. In a famous essay in Science (1968), wrote that the only way to avoid tragedy in the use of common property resources was “mutual coercion, mutually agreed upon.” Economist Robert Heilbroner in An Inquiry into the Human Prospect (1974) arrived at roughly the same conclusion, writing: “I not only predict but I prescribe a centralization of power as the only means by which our threatened and dangerous civilization will make way for its successor.”

In 1977, political scientist William Ophuls in Ecology and the Politics of Scarcity argued, as did the authors of The Limits to Growth (1972), that the capacity of earth to supply resources and process our wastes is constrained by what he called “ecological scarcity,” by which he meant the sum total of all environmental limits. From that perspective, he drew conclusions about politics and governance similar to those of Hardin and Heilbroner. “Democracy as we know it,” he wrote, “cannot conceivably survive [because] ecological scarcity . . . engender(s) overwhelming pressures toward political systems that are frankly authoritarian.” The problem of democracy is the incompatibility of the freedom “to behave in a selfish, greedy, and quarrelsome fashion” and imperative to discipline our appetites in order to avoid ecological scarcity. The epigraph to his book, taken from a letter written by Edmund Burke in 1791, summarizes our predicament:

men are qualified for civil liberty in exact proportion to their disposition to put moral chains upon their own appetites . . . society cannot exist unless a controlling power upon will and appetite be placed somewhere, and the less of it there is within, the more there must be without . . . men of intemperate minds cannot be free. Their passions forge their fetters.”

“Burke’s conservatism required a kind of forbearance alien to citizens in mass consumption societies conditioned to be dependable and dependent consumers yearning for more. Well-conditioned consumers, however, are not likely to go quietly and willingly into the night of ecological frugality and self-denial.

The third challenge is posed by the inevitable limits to the growth economy. The fact is that we have never been as rich as we assumed because we off-loaded costs and risks on others in some distant place or on future generations in the form of resource scarcity, toxicity, biotic impoverishment, climate instability, conflict, poverty, disease, and wrecked lives. The extractive industries have been highly profitable mostly to the extent they did not pay the full costs for the damage they inflicted. The larger point is that the laws of entropy, sooner or later, will bring economic growth to an end. We do not know exactly how it will occur or whether it will occur by choice or by necessity, but we do know that when it does it will threaten social stability in direct proportion to the inequality of distribution and the accumulation of past grievances. We could pretend otherwise as long as enough people believed the myth that a rising tide would lift their particular boat. When the economy shudders to a halt and the belief in the miracle of endless economic growth vanishes, however, inequality will drive resentment, things will come undone, and the pitchforks will come out.

Unless, that is, technological developments allow us to make an end run around ecological scarcity and keep the party going, which raises a fourth challenge. The core idea is that technological breakthroughs create jobs, surmount ecological limits, cycle all wastes back into “food” and otherwise allow us to ignore growing income disparities. Salvation by superior gadgetry requires no messy politics and unsolvable dilemmas, only problems solvable with more research and smarter policy. Technology, however, has its own unanticipated effects and sometime “bites back.” It arrives usually as miraculous, only later do we discover a darker side. Smart phones, for example, useful for communicating and providing access to information, also surveil, manipulate, and addict. Starting as idealistic enterprises aiming to “do no evil,” companies such as Facebook, Amazon, and Google morphed into something wholly different dedicated to moving fast and breaking things, devil and Russian trolls take the hindmost. The idealism of founders gives way to profit-making, the temptations of power, and the unanticipated effects of complex systems operating beyond a manageable scale. If we have a philosophy of technology, it is more akin to cheerleading or just resignation to the inevitable, than to critical thinking and careful public policy. Our students, notably those from STEM programs, often graduate as technological fundamentalists unable to ask basic questions such as “what else does it do?” The fact is that we do not buy a technology, but rather we buy into a larger system of which a particular device is only a small part. The larger system that sells us smart phones and automobiles alike includes their extractive industries, production facilities, history of exploitation and pollution, effects on human health and social cohesion, land use, politics, lobbyists, political power, biodiversity, and so forth. We stand at the threshold of “super-intelligence” and robots that will be vastly more intelligent than humans and in ways that we will not comprehend. Regardless, robots are now being deployed to battlefields and to domestic police with consequences that are murky at best. The advent of a dangerous new era is coming without much public discussion or awareness of the perils ahead. In the latter category, it is entirely possible that we will be displaced by artificial intelligence in some form or other. If so, they may well consider us as an inconvenience and rather stupid.

A fifth challenge is the obvious need to expand our reach to permeate applied professional fields such as engineering, medicine, business, finance, economics, and law, not as curricular add-ons but as a fundamental rethinking of applied disciplines in light of what is known about ecological interdependence. Much of what presently passes for professional education results in what Robert Jackall describes as “an ethos of organized irresponsibility and recklessness that has become the disquieting hallmark of our times.” The result is a narrowing gap between licensed professional behavior and ecological vandalism that works against the long-term interests of humanity.

III

“​Sitting quietly in the ruins of the Nazi Party rally grounds in Nuremburg, Germany, one can almost hear the echoes of Adolf Hitler’s carefully staged harangues and the responding shouts of a hundred thousand fanatical followers who were about to be fed into the maw of World War II. It all seems so distant and yet so current. How did the pastoral Germany of Kant and Goethe descend to the Germany of Hitler and Himmler? How did great universities and scientific institutions succumb so easily to Nazism? Where was the resistance, particularly churches, unions, and civic organizations? The transformation happened quickly (mostly between 1928 and 1934) nearly eighty years ago and the infection has not died out yet.

“​Erika Mann, in School for Barbarians (1938) identified education as the key to the process by which the mind and language of a nation was subverted. “The Führer’s best bet lay,” she wrote, “from the very beginning, in the inexperience and easy credulity of youth. It was his ambition, as it must be any dictator’s, to take possession of that most fertile field for dictators: the country’s youth . . . All the power of the regime—all its cunning, its entire machine of propaganda and discipline—is directed to emphasize the program for German children.” The deflection of the mind and loyalties of a nation cannot be quickly undone. In the midst of the ruins of 1945 when the war was ending historian and philologist, Victor Klemperer, described an encounter with a former student of his who said: “I still believe in HIM (Hitler), I really do.”

“​Our situation differs from that in Germany in the decades from the 1920s to 1945, but there are similarities as well. Yale historian Timothy Snyder argues, for example, that Hitler’s drive for lebensraum (i.e. land and resources) in Eastern Europe was an early version of the geopolitics of ecological scarcity and so a warning to us. For the readers of this journal, it is worth pondering the role of education in an age of unprecedented ecological deterioration, climate destabilization, inequality, and collapsing democratic institutions. The political immune system necessary to counter ignorance, fanaticism, gullibility, fear, misogyny, racism, and violence, begins early on in classrooms where the young learn the basics tenants of democracy: honesty, fairness, empathy, non-violence, and collaboration. None of this comes easily or naturally. The young must be educated to be citizens of a democracy and to know the costs of careless and indifferent citizenship. They must learn to see themselves as citizens of the community of life as well. As citizens of a democracy, they must understand the intimate relationship between democracy, human rights, dignity, justice, peace, and the human prospect and so must become knowledgeable about history, politics, the law and the workings of government. As citizens in the ecological community, they must understand ecology, natural cycles, and the web of life. As citizens of human communities they must be learn to value of the wider community and the common good. In other words, they must learn the intimate and reciprocal relationship between politics and our ecological prospects.

“Further, like those of Germany in the 1930s, schools, colleges, and universities, are under attack by those who would subvert their purposes and narrow the focus to those subjects and curriculum useful for jobs and careers in a growth-oriented economy and so non-threatening to the power of banks, corporations, and a ruling oligarchy. We must resist the temptation to shrink our courses and curriculum in order to avoid controversial subjects. We must continue to teach connection and connectedness between peoples, humans and nature, our past and our future.

“The point is that environmental education, heretofore, has been predominantly about everything but the politics that got us into our predicament and might yet be the path out of it. Our education, generally, and environmental education in particular has mostly excluded civics and the role of politics and governance in our predicament. Often we did so to avoid controversy and the charge of partisan bias. In doing so, however, we were also being political—in effect supporting the status quo and the forces that prefer a passive and ecologically illiterate public; consumers not citizens. Alas, there is no way to be apolitical or non-political. In Dietrich Bonhoeffer’s words, there is no such thing as “cheap grace.””

Twenty young people sued the Trump administration, claiming that its denial of climate science endangers their lives. The Trump administration sought to dismiss their lawsuit. A three judge panel of the Ninth Circuit Court of Appeals ruled in favor of the plaintiffs.

Kids today!

 

For immediate release:

March 7, 2018

Contact:

Julia Olson, 415-786-4825, julia@ourchildrenstrust.org

Philip Gregory, 650-697-6000, pgregory@gregorylawgroup.com

To set up interviews with youth plaintiffs, contact:

Meg Ward, 503-341-8590, meg@ourchildrenstrust.org

Ninth Circuit Rules in Favor of Youth Plaintiffs, Rejects Trump’s Attempt to Evade Constitutional Climate Trial

San Francisco – Today, Chief Judge Sidney R. Thomas, writing for a unanimous three-judge panel of the Ninth Circuit Court of Appeals rejected the Trump administration’s “drastic and extraordinary” petition for writ of mandamus in the landmark climate lawsuit, Juliana v. United States, brought by 21 youth supported by Our Children’s Trust. The Court ruled that the Juliana case can proceed toward trial in the U.S. District Court for the District of Oregon and that the Trump administration had not satisfied the factors necessary for an extraordinary writ of mandamus. The three-judge panel consisted of Chief Judge Sidney Thomas, and Circuit Judges Marsha Berzon and Michelle Friedland. Judge Friedland replaced Alex Kozinski on the panel after he resigned on December 18, 2017, one week after oral argument was held on the petition.

Julia Olson, executive director and chief legal counsel of Our Children’s Trust and co-counsel for youth plaintiffs said:

“The Ninth Circuit just gave us the green light for trial. We will ask the District Court for a trial date in 2018 where we will put the federal government’s dangerous energy system and climate policies on trial for infringing the constitutional rights of young people.”

The Trump administration’s mandamus petition sought early review of U.S. District Court Judge Ann Aiken’s 2016 denial of motions to dismiss the youth’s lawsuit, which seeks a constitutionally compliant national energy system and science-based climate recovery action by the federal government. Rejecting the government’s position in their petition, the Ninth Circuit ruled that the federal government had not established that it was harmed by any discovery order and had not met the factors for issuing an extraordinary writ. The Court concluded:

“There is enduring value in the orderly administration of litigation by the trial courts, free of needless appellate interference. In turn, appellate review is aided by a developed record and full consideration of issues by the trial courts. If appellate review could be invoked whenever a district court denied a motion to dismiss, we would be quickly overwhelmed with such requests, and the resolution of cases would be unnecessarily delayed.”

Like any other defendant who loses their motion to dismiss, the U.S. defendants must participate in discovery and defend themselves at trial, even though it will take time and resources to do so. That is the structure of our legal system.

Victoria Barrett, 18-year-old plaintiff from White Plains, New York, said:

“Today, the Ninth Circuit sided with progress. I’m grateful that my fellow plaintiffs and I can have our voices heard, and that climate science can have its day in court. The Trump administration tried to avoid trial, but they can’t ignore us. Our future is our choice and I believe the courts will stand with our constitutional rights.”

Kiran Oommen, 21-year-old plaintiff from Seattle, Washington, said:

“The question of the last few years has not been ‘do we have a case’ but rather ‘how far will the federal government go to prevent justice.’ We have seen that they are willing to go to many lengths to cover up their crimes and maintain the status quo, but not even the Trump administration can go far enough to escape the inevitable tide of social progress. The Ninth Circuit’s decision affirms that we are on the side of justice, and for justice we are moving forward. We’ll see you in court.”

Tia Hatton, 20-year-old plaintiff from Bend, Oregon, said:

“The Ninth Circuit has denied the U.S. government’s inappropriate writ of mandamus, yet another step that the our federal government took to delay a revealing trial. This favorable decision allows us 21 youth to share expert testimonies of climate dangers in the face of existing fossil fuel energy policies. My greatest hope in addressing climate change lays in a successful trial, where the only acceptable outcome is a court-ordered science-based climate recovery plan.”

Sahara Valentine, 13-year-old plaintiff from Eugene, Oregon, said:

“To our supporters: be ready for the new trial date and plan on being with us at the court house here, in Eugene, where our voices will be heard.”

Philip L. Gregory of Gregory Law Group, co-lead counsel for the youth plaintiffs commented:

“The Ninth Circuit clearly recognized the importance of a complete record at trial particularly as to the climate science. We will promptly ask the District Court for a trial date in 2018 so that the urgency of the climate crisis can be addressed through appropriate remedies.”

Juliana v. United States is not about the government’s failure to act on climate. Instead, the 21 young plaintiffs assert that the U.S. government, through its affirmative actions in creating a national energy system that cause climate change, has violated their constitutional rights to life, liberty, and property, and has failed to protect essential public trust resources. The case is one of many related legal actions brought by youth in several states and countries, all supported by Our Children’s Trust, and all seeking science-based action by governments to stabilize the climate system.

Counsel for Plaintiffs are Julia Olson, Esq. of Eugene, OR and Philip L. Gregory, Esq. of Cotchett, Pitre & McCarthy of Burlingame, CA

Our Children’s Trust is a nonprofit organization, leading a coordinated global human rights and environmental justice campaign to implement enforceable science-based Climate Recovery Plans that will return atmospheric carbon dioxide concentrations to below 350 ppm by the year 2100. We elevate the voice of youth, those with most to lose in the climate crisis, to secure the legal right to a healthy atmosphere and stable climate on behalf of all present and future generations. http://www.ourchildrenstrust.org/

Earth Guardians is a Colorado-based nonprofit organization with youth chapters on five continents, and multiple groups in the United States with thousands of members working together to protect the Earth, the water, the air, and the atmosphere, creating healthy sustainable communities globally. We inspire and empower young leaders, families, schools, organizations, cities, and government officials to make positive change locally, nationally, and globally to address the critical state of the Earth. http://www.earthguardians.org

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This is not a blog post and I promise not to do it often, but I thought you might be interested in the latest development in this important court case. In short, this ruling means that the lawsuit that children have filed against the Trump Administration regarding inadequate action on climate change will proceed to trial.

In his budget proposal for 2019, Trump will ask for dramatic cuts to Research on behalf of clean energy.

He prefers fossil fuels. He likes nuclear plants too.

Nothing beats “clean coal.”

http://wapo.st/2DQ6FJU

 

Ever wonder why the Koch brothers want to quash environmental regulations? Why they support ALEC, which writes model legislation for states to deregulate corporations? Why they are in an alliance with far-right titans like the DeVos family?

Ever wondered how they made their wealth?

This article, published in 2014 by Rolking Stone, answers your questions.

I publicly renounced my allegiance to the theology of standards, tests, and choice in 2010 by publishing “The Death and Life of the Great American School System: How Testing and Choice Are Undermining Education.” It caused a stir, and I was asked again and again, why did you change your mind. I thought I had answered the question in my book, but nonetheless people asked again. I was interviewed by Kathryn Schultz, who is now on staff at The New Yorker, because she had published a book about what she called “wrongology,” and how people come to admit their errors in big things.

So whenever I learn of someone who changes course and says so in public, I am interested in learning what persuaded them.

Here is a man who was in the forefront of climate change denial. He changed his mind.

ProPublica and the New York Times collaborated on a report about the flight of scientists and environmental protection specialists from the EPA. Trump made clear that he wants to reduce the role of the agency and to restrict its ability to do its job when he hired Scott Pruitt to run it. As Oklahoma Attorney General, Pruitt had sued EPA many times on behalf of the oil and gas industry. He has busied himself eliminating regulations that protect the environment and pushing out scientists.

Pruitt, Trump, and other administration doubt that climate change is a reality, and they avoid or ban the use of the term.

“More than 700 people have left the Environmental Protection Agency since President Donald Trump took office, a wave of departures that puts the administration nearly a quarter of the way toward its goal of shrinking the agency to levels last seen during the Reagan administration.

“Of the employees who have quit, retired or taken a buyout package since the beginning of the year, more than 200 are scientists. An additional 96 are environmental protection specialists, a broad category that includes scientists as well as others experienced in investigating and analyzing pollution levels. Nine department directors have departed the agency as well as dozens of attorneys and program managers. Most of the employees who have left are not being replaced.

“The departures reflect poor morale and a sense of grievance at the agency, which has been criticized by Trump and top Republicans in Congress as bloated and guilty of regulatory overreach. That unease is likely to deepen following revelations that Republican campaign operatives were using the Freedom of Information Act to request copies of emails from EPA officials suspected of opposing Trump and his agenda.

“The cuts deepen a downward trend at the agency that began under the Obama administration in response to Republican-led budget constraints that left the agency with about 15,000 employees at the end of his term. The reductions have accelerated under Trump, who campaigned on a promise to dramatically scale back the EPA, leaving only what he called “little tidbits” in place. Current and former employees say unlike during the Obama years, the agency has no plans to replace workers, and they expect deeper cuts to come.”

The Trump administration has made clear that it disapproves of the Paris Climate Accord. So long as Trump is in office, there will be no effort to address environmental issues, and the fossil fuel industry will have free reign to pursue its goals.

A remarkable case will be heard in federal appeals court in San Francisco today. A group of young people are suing the federal government, demanding action to protect the environment.

“The kids went to court because young people, present and future, will suffer most from the dangerous impacts of global warming, much worse than the wildfires, floods, hurricanes, droughts and rising seas we see today.

“The stakes are big. In their lawsuit, Juliana v. United States, the youngsters charge that the government is contributing to climate change by doing things like allowing coal and oil to be produced on public lands. They argue that a climate system capable of sustaining human life must be protected by the government as a public trust. But their most important argument – one that could take their case all the way to the U.S. Supreme Court – is that the federal government’s failure to do enough about global warming will damage the planet so profoundly that it violates children’s constitutional rights to life and liberty.

“Based on those arguments, lower courts have allowed the case to proceed. A trial against the government is scheduled for next February, but President Trump and his Administration want to keep it from taking place.

“The kids filed their lawsuit when Barack Obama was president, even though he was doing more than any previous president stop global warming. President Donald Trump does not even believe that global warming is a problem, if it’s real at all, and he has been undoing all the climate-action initiatives President Obama put in place. That makes the lawsuit even more important and the federal government even more culpable.”

Despite the Trump administration’s well-known hostility to science, and especially to acknowledging the existence and causes of climate change, it did not block publication of a report prepared by more than a dozen federal agencies.

The Fourth National Climate Assessment concludes that human activities are the primary causes of climate change.

This assessment concludes, based on extensive evidence, that it is extremely likely that human activities, especially emissions of greenhouse gases, are the dominant cause of the observed warming since the mid-20th century,” it says. “For the warming over the last century, there is no convincing alternative explanation supported by the extent of the observational evidence.”

“Globally averaged, annually averaged surface air temperature has increased by about 1.8 degrees Fahrenheit, or 1 degree Centigrade, over the last 115 years,” David Fahey, an atmospheric scientist at the National Oceanic and Atmospheric Administration (NOAA) and one of the leading authors of the report, told reporters. “This period is now the warmest in the history of modern civilization.”

The report cites “thousands of studies conducted by researchers around the world” that show evidence of a warming globe, including “changes in surface, atmospheric, and oceanic temperatures; melting glaciers; diminishing snow cover; shrinking sea ice; rising sea levels; ocean acidification; and increasing atmospheric water vapor.”

It includes dire warnings about the impact of climate change on human activities.

Heavy rainfall, which causes flooding, is expected to increase over the rest of the century, and heat waves will become more frequent.

Severe weather events like forest fires and drought will grow more prevalent, and sea levels will rise “by at least several inches in the next 15 years and by 1–to-4 feet by 2100.”

This underlines warnings from scientists around the globe who say the only way to get climate change under control will be to reduce the amount of greenhouse gas emissions, especially carbon dioxide.

Emission growth has slowed in recent years, but the report concludes it’s not enough to keep temperatures from rising more than 2 degrees Celsius, the limit at which scientists expect the worst effects of climate change to be irreversible…

The report is mandated by Congress, with three federal agencies — NOAA, NASA and the Department of Energy — coordinating its publication. It uses research from thousands of scientists around the world.

Another way to look at climate change: by the year 2070, Mar-a-Lago might be underwater.

Rick Perry, Secretary of the Department of Energy, said a few days ago when interviewed on Meet the Press that fossil fuels were a deterrent to sexual assaults. When the lights are on, he said, bad things are less likely to happen. When Perry accepted the offer to be Secretary of Energy, he thought that his job was to promote the sale of fossil fuels; he didn’t realize that the main job of the Secretary is to oversee the nation’s nuclear arsenal. But he is nonetheless promoting fossil fuels. Not the brightest bulb in the Cabinet. Wonder what powers that bulb?