Thu, 2014-12-04 15:52Steve Horn
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Environmental Groups File Motion to Intervene in Defense of Denton Fracking Ban

Just days after attorneys representing Denton, Texas submitted their initial responses to two legal complaints filed against Denton — the first Texas city ever to ban hydraulic fracturing (“fracking”)  environmental groups have filed an intervention petition. That is, a formal request to enter the two lawsuits filed against the city after its citizens voted to ban fracking on election day.

Denton Drilling Awareness Group and Earthworks are leading the intervention charge, represented by attorneys from the Natural Resources Defense Council (NRDC) and EarthjusticeThe drilling awareness group runs the Frack Free Denton campaign.

Those groups have joined up with attorneys representing Denton to fight lawsuits filed against the city by both the Texas Oil and Gas Association and the Texas General Land Commission.

Thu, 2014-12-04 11:00Mike Gaworecki
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BLM Hasn't Performed An Environmental Review of Coal Leasing Program Since 1979

It has been 35 years since the Bureau of Land Management (BLM) last performed an environmental review of its coal leasing program.

Two environmental groups are suing the BLM to force a review of the program.

Given advances in scientific knowledge of the risks posed by mining and burning coal to human health and Earth’s climate made since 1979, the groups argue that the review will “compel the Bureau of Land Management to deliver on its legal obligation to promote environmentally responsible management of public lands on behalf of the citizens of the United States.”

Friends of the Earth and the Western Organization of Resource Councils filed the lawsuit last week in the U.S. District Court for the District of Columbia, naming Secretary of the Interior Sally Jewell and BLM Director Neil Kornze as lead defendants, along with the Department of the Interior and the BLM.

Thu, 2014-12-04 09:29Kevin Grandia
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Crisis Consultant Says Environmental Activists In It For The Money

randal simonetti

In a newsletter to clients titled “Defending Your Company Against an Activist Attack,” Randal Simonetti from the consulting firm EFP Rotenberg, opines that in order to successfully combat an attack by an environmental group you must, “first consider the driving motive that supports the attacker's existence.” 

According to Simonetti that driving motivation is money. “Funding is a primary driver of any activist organization's behaviour,” writes Simonetti.

To be sure, any non-profit organization must pay some attention to money to keep the lights on and pay decent(ish) wages. But as a former director at the environmental group Greenpeace, I can tell you that activists don't occupy a logging company's offices, or lie down in front of a coal train, or march in the streets of New York for money. They do it because they genuinely believe in standing up for their principles and what they believe is right for the human race and the planet. 

To counter these supposed money grubbing activists and their campaigns-for-dollars, Randal Simonetti suggests that companies under attack look to find other companies who “operate in a similar fashion” and point them out. I know my mom would probably scold Simonetti on this point and ask him, “If everyone else wants to jump off a bridge, does that mean you have to as well?”

Pointing out that others are just as bad as you, does not excuse your behaviour. Even my 8 year-old knows that.

Thu, 2014-12-04 06:00Steve Horn
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First Texas City to Ban Fracking Cites "Public Nuisance" in Lawsuit Response

Attorneys representing Denton, Texas, the first city to ban hydraulic fracturing (“fracking”) in state history, have issued rebuttals to the two lawsuits filed against Denton the day after the fracking ban was endorsed by voters on election day. 

Responding to lawsuits brought by attorneys with intimate Bush family connections — with complaints coming from both the Texas General Land Office and the Texas Oil and Gas Association — the Denton attorneys have signaled the battle has only just begun in the city situated in the heart and soul of the Barnett Shale, the birthplace of fracking. 

In its response to the Texas Oil and Gas Association, Denton's attorneys argued the Association did not provide sufficient legal evidence that the Texas constitution demarcates the Texas Railroad Commission or the Texas Commission on Environmental Quality as the only governmental bodies that can regulate or permit fracking.

“Nowhere in…the Petition as a whole, does Plaintiff identify what regulations have been passed by the Texas Railroad Commission or the Texas Commission or Environmental Quality that allegedly occupy the 'entire field' rendering the [ban] preempted and unconstitutional,” wrote the attorneys. “City requests the Court to order Plaintiff to replead that claim with greater specificity to meet those fair notice requirements.”

Industry-friendly Railroad Commission (RRC) chairman Christi Craddick is on the record stating that the RRC will continue to issue permits despite the fact Denton citizens voted for a ban.

The Denton attorneys also argued that fracking is a “public nuisance” and “subversive of public order” in defense of the fracking ban.

Wed, 2014-12-03 15:10Guest
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Wall Street Journal Tries to Pour Cold Water On Growing International Climate Action

Climate change

This is a guest post by Climate Nexus.

A recent opinion piece in The Wall Street Journal by Rupert Darwall paints efforts to address climate change through international policy as doomed from the start, ignores recent progress and dismisses mounting public support for action. 

As countries negotiate in Lima, Peru, this week, long-time climate change skeptic Rupert Darwall seizes the moment to rehash tired critiques of past international efforts on climate.

In fact, the U.S.-China deal will deliver real reductions in greenhouse gas emissions, the costs of climate impacts clearly outweigh the costs of climate change mitigation and initial national pledges to the Green Climate Fund are meant to spur additional, substantial private sector investment.

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