Drinking water is at risk of becoming scarce in the face of climate change. More…

The post Best of Earth911 Podcast: Avoiding PFAS and Other Water Contaminants appeared first on Earth911.

Feeling guilty about all those blue-and-white plastic Amazon bags piling up around the house? Fear not — they can be recycled! At least, that’s what the packaging says.

For years now, Amazon’s plastic bags, bubble-lined mailers, and air pillows have featured the ubiquitous “chasing arrows” recycling symbol along with the words “store drop-off.” The idea is simple: Since most curbside recycling programs don’t accept this type of plastic — it’s too expensive to process and can clog machines — consumers can instead leave it at retail stores across the country. From there, this plastic, known as “film,” will go to a specialized facility and be turned into new products.

The problem, however, is that the system doesn’t seem to be working.

An investigation published Tuesday by the nonprofits Environment America and U.S. Public Interest Research Group, or U.S. PIRG, suggests that only a small fraction of Amazon’s plastic packaging makes it to a material recovery facility, the term for operations that sort glass, metal, plastic, and other items for recycling. The packaging is much more likely to end up in a landfill, incinerator, export terminal, or in the hands of a company that downcycles plastic film into things like benches.

The report adds to a growing body of evidence suggesting that store drop-off programs are an ineffective solution to the escalating plastic pollution crisis. According to environmental groups, these programs help justify the ongoing production of single-use plastic, helping manufacturers and retailers evade accountability while alleviating consumer guilt.

“The store drop-off system is really not working, and plastic film is not recyclable,” said Jenn Engstrom, state director of U.S. PIRG’s California chapter and a co-author of the report.

To find out what happens to Amazon’s plastic packaging, U.S. PIRG and Environment America attached small tracking devices — mostly Apple AirTags — to 93 bundles of Amazon plastic packaging marked for store drop-off and deposited them at retailers in 10 states. These stores, which were listed in an online directory, included mostly supermarkets like Safeway, Sprouts, Publix, Fred Meyer, QFC, and Whole Foods, although some bundles were placed at outlets like Kohl’s or Home Depot.

The report authors were able to determine the fate of about half the bundles, since, as expected, many of the trackers likely died before reaching a final destination. Of those that survived, 13 went to a landfill, two went to a waste incinerator, and three went to the Port of Los Angeles, suggesting that the bundles were destined for processing or disposal overseas.

Only four trackers eventually made their way to a material recovery facility that sorts plastics for recycling. U.S. PIRG and Environment America said they were able to contact three of those facilities: Two specifically said they do not accept Amazon packaging, and the third said it accepts only paper and cardboard.

Two dozen trackers ended up in the hands of Trex, a company that makes benches and decking out of discarded plastic. But U.S. PIRG and Environment America question whether Trex is using Amazon packaging in its products; the contents of store drop-off bins are often littered with food and beverages, likely rendering this plastic too contaminated to use in manufacturing.

Trex did not respond to Grist’s request for comment, but a similar company reports getting 70 to 80 percent of its plastic from “back-of-the-house shrink wrap,” referring to the material wrapped around shipping pallets, which tends to be cleaner than postconsumer plastic. Meanwhile, a Trex executive told Bloomberg News last year that there is not enough demand for recycled material to make store drop-off successful. 

“All the claims the companies are making are just greenwashing,” he told Bloomberg. “Recycling’s failed.”

While USPIRG and Environment America’s investigation may be the largest of its kind, it isn’t the first to find flaws in the store drop-off system. Last year, Bloomberg tracked 30 bundles of packaging and wrappers marked with the store drop-off icon and found that 13 of them — more than 40 percent — ended up at U.S. landfills. Just four made it to locations that can recycle plastic. A similar effort from ABC News found that about half of 46 bundles of plastic bags went to landfills and incinerators, while only four went to facilities “that say they are involved with recycling plastic bags.”

Jan Dell, an independent chemical engineer and founder of the environmental nonprofit The Least Beach Cleanup, has been deploying her own trackers too. Since December 2022, she hasn’t traced a single bundle of film labeled for store drop-off to U.S. facilities that can turn the material into new bags. Twelve bundles have been sent to a landfill or waste station, and one to an incinerator. Four appeared to have traveled to Mexico, Vietnam, or Malaysia, countries that generally lack adequate recycling infrastructure. 

“They’re absolutely lying with these labels,” Dell said. The store drop-off system has “never worked, it was never true.” 

The labels in question are produced by an initiative called How2Recycle, which began selling them to big companies in 2012 — supposedly to clear up confusion among consumers and retailers about which products could be recycled. The initiative issues several versions of the recycling icon, with the one marked “store drop-off” reserved for products, like plastic bags and film, that aren’t accepted in curbside recycling programs.

The store drop-off labels direct consumers to How2Recycle’s website, which links to a directory of retail locations with ]collection receptacles. Until last year, that directory was found at BagandFilmDirectory.org and featured more than 18,000 locations — but the consulting firm managing it shut it down following ABC News’ investigation, citing a lack of “real commitment from the industry,” as well as insufficient funding. Many of the locations listed did not actually have a receptacle, while the Target and Walmart locations appeared to be disposing of, rather than recycling, much of the film they received.

“There’s more of an illusion of stuff getting recycled than there actually is because there is an imbalance in supply and demand,” Nina Butler, CEO of the consulting firm, told ABC News. How2Recycle now links customers to a different directory hosted at Earth911. How2Recycle did not respond to Grist’s request for comment.

As scrutiny has increased over the use of the store drop-off label, some companies have pledged to stop using it altogether. Mondelez, which owns brands including Oreo and Ritz, said in March 2023 that it plans to phase out the label by 2025. Dell said she’s also noticed the label’s disappearance from packaging sold by Target and Georgia Pacific, a company that sells toilet paper, paper towels, and other pulp products. Target and Georgia Pacific did not respond to Grist’s request for comment.

Read Next

Inside the industry push to label your yogurt cup ‘recyclable’

Joseph Winters

Amazon, for its part, did not respond to Grist’s questions about its use of the store drop-off label. When Dell asked the company, during a Zoom meeting in 2020 that she shared with Grist, to provide evidence that its packaging is widely recycled through the store drop-off program — as required by California law — an Amazon spokesperson told the state recycling commission that the company has “really high confidence that store drop-off is a solution that is available in California.”

Pat Lindner, Amazon’s vice president of mechatronics and sustainable packaging, told Grist that the company has no control over how its packaging is handled “once it has been disposed of by municipalities or recycling centers.” A spokesperson said the company is investing in better recycling infrastructure while also reducing plastics use overall. As of last year, for example, Amazon has eliminated plastic from shipments delivered in Europe, likely in response to EU regulations banning several categories of single-use plastic. The company also eliminated plastic packaging in India after Prime Minister Narendra Modi pledged to ban single-use plastic nationwide by 2022.

In the U.S. last year, Amazon launched an automated fulfillment center in Euclid, Ohio, that uses paper exclusively instead of plastic packaging, and the company said it’s ramping up a program to ship items in their original packages instead of extra plastic ones. The company also said in a 2022 sustainability report that it was “phasing out padded bags containing plastics in favor of recyclable alternatives,” but the spokesperson did not address Grist’s request to clarify the timeline for this transition.

Environmental advocates agree that Amazon has made progress, but say it should be doing more to reduce the hundreds of millions of pounds of single-use plastic trash it generates every year — and that it should remove the How2Recycle symbol from its packaging. In California, where state legislation often sets a national standard, a truth-in-advertising law signed by the governor in 2021 may soon restrict the use of store drop-off labels unless companies can prove that the system is effective. A separate law will require single-use plastic packaging sold in the state to be demonstrably recycled at least 65 percent of the time by 2032, a threshold that may push manufacturers toward paper, which is far easier to recycle.

This story was originally published by Grist with the headline Amazon says its plastic packaging can be recycled. An investigation finds it usually isn’t. on Mar 20, 2024.

This coverage is made possible through a partnership with Grist and Interlochen Public Radio in Northern Michigan.

On a Saturday in February, high school senior Kaylee Lemmien sifted through racks of dresses at Tinker Tailor, a small shop in downtown Elk Rapids, a village of about 1,500 people in northern Michigan.

“I’d call this a mermaid, sequin, light blue gown with a tulle skirt. It’s got a lace-up back, kind of open,” Lemmien said. “Very pretty.”

Tinker Tailor usually alters clothes, but on this day it was selling them — prom dresses, to be exact. Gowns in a variety of shapes, sizes, and colors — short and long, neons and pastels, satin and sequins — lined the racks. The garments were donated and consigned by people around the region, with the goal of giving them a new life at the Elk Rapids High School prom in May. Called Sustainable Style, the secondhand shopping initiative takes aim at fast fashion. 

Zoe Macaluso, the president of the Eco Club at Elk Rapids High School, said that when a local volunteer group approached her with the idea, she “immediately latched onto it.” The Eco Club wants to use the project to lead by example and hopefully inspire other schools in the area to pursue their own climate projects.

It’s one of many efforts by high school students around the country to address fast fashion — clothing produced cheaply and quickly enough to stay on top of swiftly moving trend cycles — in their own lives and through advocacy. Such efforts are small, but experts say they can help people — especially young people — think differently about their role as consumers. That’s especially relevant in the age of fast fashion, when an online retailer like Shein drops up to 10,000 new items a day.

“Fast fashion is a trend driven by newness,” said Shipra Gupta, an associate professor of marketing at the University of Illinois Springfield. “It tends to treat its products like food that spoils quickly.”

The increased focus on sustainability and thrifting might seem counter to the rise of fast fashion. It’s been described as a paradox, especially for Gen Z. A McKinsey newsletter last year laid out the relationship like this: “On one hand, Gen Zers express a desire for sustainably produced items and love thrifting. On the other hand, clothing ‘hauls’ … make up some of the most watched and most produced content on social media.”

One way high school students are counteracting that offline is by raising awareness in their communities about how fashion impacts the environment. Last year, for example, a high school in New York put on a carbon-neutral prom. A club in New Hampshire organized a clothing drive to divert used clothes to people experiencing homelessness. And a library in Athens, Georgia, regularly hosts a “Bling Your Prom” secondhand formal wear event with an eye toward sustainability.  

Fast fashion encourages people to cycle through clothing quickly, with serious consequences. But getting reliable information on just how much damage the fashion industry inflicts on the climate is difficult. Its lack of transparency is one reason for that; less than half of brands track all levels of their complex supply chains. Some have made climate pledges but have consistently fallen short of their goals. And while key legislation that would help tackle the problem is pending in places in the U.S. and Europe, policy progress has been slow.

Constantly being exposed to new items can trigger a desire to buy more, said Gupta. By bringing an event like Sustainable Style to the community, she said, the students in Michigan are harnessing that excitement and channeling it toward more environmentally conscious shopping.

“Community involvement is a way of doing that grassroots-level movement, where we can actually create an awareness among the community members,” she said, and that can make them consider what it means to be a responsible consumer.

Read Next

The most ‘sustainable’ garment is the one that shows its wear, proudly

Eve Andrews

Events like Sustainable Style can cut back on consumption locally, providing a responsible place to donate and buy used evening wear. That’s important especially in small towns where options can be limited.

In the past, students in Elk Rapids usually ordered dresses online or traveled to hubs like Grand Rapids, a two-hour drive south.

“You kind of have to drive to Grand Rapids, and you have to go to a mall, and you have to buy a new dress,” said Macaluso. “This just provides another option, another opportunity to say, ‘Oh, I have a chance here to help the environment a little bit. So I’m going to take it.’”

Perhaps most importantly, initiatives like these can help others outside the confines of high school prom think about how fashion relates to the environment.

“I think it’s very meaningful, because it starts to engage consumers, especially the young generation,” said Sheng Lu, an associate professor of fashion and apparel studies at the University of Delaware. 

Innovative grassroots efforts have helped cut down on fashion waste locally in other places, and in recent years, major brands have been trying to work out the kinks of reselling used clothes. 

Although the Elk Rapids effort is relatively small, Lu said, it can help inspire local action.

“I honestly was pretty nervous coming in here,” said sophomore Addison Looney, who was shopping with her mom. “But there were a lot of great selections. … I was pretty indecisive about it. But I picked [one] out.”

The dress is a soft lavender with beading in the front. Addison’s mom, Sara, said she was excited to buy her daughter a secondhand dress.

“Knowing this is just a great opportunity to shop local, and to obviously save money,” she said. “But also just the resale aspect of it — to just kind of keep dresses going, because they’re usually a one-time use.”

Macaluso said they’ve been able to stoke interest in buying used clothing. The prom event even led Tinker Tailor — which had mainly been in the business of altering clothes, not selling them — to set up a “Dress Vault” in the store so people could continue consigning, donating, and shopping for secondhand items.

“I think it really just builds off that idea of, ‘Hey, these dresses didn’t go bad, they haven’t expired,’” she said. “And they can find a new home.”

This story was originally published by Grist with the headline At prom, fast fashion slows down on Mar 20, 2024.

Swiss air quality monitoring company IQAir has released its sixth World Air Quality Report, detailing 2023’s most polluted countries and territories in the world.

In compiling the report, more than 30,000 monitoring stations in 134 nations, territories and regions were examined by IQAir scientists, a press release from IQAir said. Of these, 124 — 92.5 percent — exceeded the annual guideline set by the World Health Organization (WHO) for fine particulate matter (PM2.5).

“Causing an estimated one in every nine deaths worldwide, air pollution is the greatest environmental threat to human health. According to the World Health Organization (WHO), air pollution is responsible for an estimated seven million premature deaths worldwide every year,” IQAir said.

Just seven countries met WHO’s annual PM2.5 guidelines — Australia, New Zealand, Estonia, Iceland, Finland, Grenada and Mauritius.

View this post on Instagram

A post shared by IQAir (@iqair)

Meanwhile, the most polluted countries last year were Bangladesh, Pakistan, India, Tajikistan and Burkina Faso.

“A clean, healthy, and sustainable environment is a universal human right. In many parts of the world the lack of air quality data delays decisive action and perpetuates unnecessary human suffering. Air quality data saves lives. Where air quality is reported, action is taken, and air quality improves,” said Frank Hammes, IQAir Global CEO, in the press release.

The most underrepresented continent in the report was Africa, where one-third of the population does not have access to data on air quality. Just 24 of 54 countries on the continent had sufficient monitoring data, IQAir said, as CNN reported.

In Southeast Asia, almost every country saw PM2.5 concentrations rise, with transboundary haze and climate conditions affecting the region.

The planet’s ten most polluted cities in 2023 were all located in Central and South Asia. The four most polluted were in India, with Begusarai taking the top spot.

“We see that in every part of our lives that air pollution has an impact,” Hammes said, as reported by CNN. “And it typically, in some of the most polluted countries, is likely shaving off anywhere between three to six years of people’s lives. And then before that will lead to many years of suffering that are entirely preventable if there’s better air quality.”

In the United States, the most polluted city was Beloit, Wisconsin, while the most polluted major city was Columbus, Ohio, the report said.

On the flipside, the cleanest major U.S. city was Las Vegas.

Fine particulate matter has been linked to many serious health issues.

“Exposure to PM2.5 air pollution leads to and exacerbates numerous health conditions, including but not limited to asthma, cancer, stroke, and lung disease. Additionally, exposure to elevated levels of fine particles can impair cognitive development in children, lead to mental health issues, and complicate existing illnesses including diabetes,” IQAir said.

For the first time, the report found Canada to be North America’s most polluted country with 13 of the most polluted cities in the region located there.

In Latin America and the Caribbean, low-cost sensors were used to gather 70 percent of the air quality data collected in real-time.

“While the number of countries and regions with air quality monitoring has steadily increased over the past six years, there remain significant gaps in government-operated regulatory instrumentation in many parts of the world,” IQAir explained. “Low-cost air quality monitors, sponsored and hosted by citizen scientists, researchers, community advocates, and local organizations, have proven to be valuable tools to reduce gaps in air monitoring networks across the world.”

According to independent air quality monitors, there has been a disproportionate amount of exposure to harmful air among underrepresented and vulnerable groups. Gaps in the monitoring data in places where air quality is likely poor highlight the necessity of expanding global air quality monitoring coverage.

“IQAir’s annual report illustrates the international nature and inequitable consequences of the enduring air pollution crisis. Local, national, and international effort is urgently needed to monitor air quality in under-resourced places, manage the causes of transboundary haze, and cut our reliance on combustion as an energy source,” said Aidan Farrow, Greenpeace International senior air quality scientist, in the press release. “In 2023, air pollution remained a global health catastrophe. IQAir’s global data set provides an important reminder of the resulting injustices and the need to implement the many solutions that exist to this problem.”

The report pointed out that, by changing weather patterns that affect rainfall and wind, the climate crisis has a major influence on air pollution levels, as CNN reported. And as extreme heat events happen more frequently and become increasingly severe, it will lead to increased air pollution.

“We have such a strong overlap of what’s causing our climate crisis and what’s causing air pollution,” Hammes said, as reported by CNN. “Anything that we can do to reduce air pollution will be tremendously impactful in the long term also for improving our climate gas emissions, and vice versa.”

The post Just Seven Countries Met WHO Air Quality Standards in 2023, Data Shows appeared first on EcoWatch.

The nation’s insurance industry has gone haywire in recent years amid a succession of floods, fires, and other climate-fueled disasters. These catastrophes have forced carriers to pay out billions in claims, and many have responded by raising premiums in disaster-prone states like Florida and Oregon or leaving certain markets altogether.

But many of these companies also provide coverage for fossil fuel projects, like pipelines and natural gas power plants, that would never be built without their backing. This gives the insurance industry a unique role on both sides of the climate crisis: insurers are helping make the problem worse by underwriting the very projects that warm the earth even as they bear the costs of mounting climate disasters and pass them on to customers.

Legislation in Connecticut, the capital of the American insurance industry and home to several of its largest carriers, could make insurers pay for that contradiction. If passed, the bill, which just cleared a committee vote in the state senate, would move toward imposing a fee for any fossil-fuel projects companies insure in state. That revenue would go into a public resilience fund that could underwrite sea walls and urban flood protection measures.

“It’s important to begin to hold [insurers] accountable for how they’ve played it both ways in terms of climate change,” said Tom Swan, the executive director of Connecticut Citizen Action Group, an economic justice nonprofit that has joined several environmental organizations in lobbying the legislature to pass the bill along with several environmental organizations. “People are seeing skyrocketing rates, or they’re pulling out of different areas, and they continue to underwrite and invest in fossil fuels at a pace much greater than their colleagues across the globe,” he said. 

The group pushed a more aggressive proposal last year that would have charged insurers a 5 percent fee for any fossil fuel coverage they issued in the United States, but that bill failed after critics raised several legal questions. In particular, the industry argued that the Constitution’s interstate commerce clause prohibits taxing a company’s out-of-state business.

The new version, attached as an amendment to a climate resilience bill proposed by Democratic Governor Ned Lamont, would only require the state to produce a proposal for an insurance mechanism. The surcharge would apply only to fossil-fuel projects these companies insure in Connecticut, avoiding that constitutional challenge.

The assessment would apply not only to new pipelines and fuel terminals, which require ample insurance to attract lenders and investors, but to current coverage for existing infrastructure as well. This means anyone covering the state’s dozens of oil- and gas-fueled power plants would be contributing to the resilience fund. A report from Connecticut Citizen Action Group and several other environmental nonprofits found that the state’s insurers have together invested $221 billion in fossil fuels.

Supporters argue the reduced fee would still raise tens or hundreds of millions of dollars for climate resilience. Connecticut received about $318 million in FEMA disaster aid between 2011 and 2021, or about $149 in spending per capita, according to the climate adaptation nonprofit Rebuild by Design. That puts the state well below disaster-prone locales like Louisiana, which saw $1,736 in federal disaster aid per capita, but far above those like Delaware that haven’t experienced a major disaster in the past decade.

Eric George, the president of the Insurance Association of Connecticut, the state’s largest insurance trade association, said the organization would “strongly oppose” any surcharge, but added that he was still studying the bill.

The legislation comes as other states, including Vermont and Maryland, introduce “polluters pay” bills to hold oil producers accountable for climate damages. Connecticut’s proposed law is an iteration of that effort focused on an area where state regulators wield significant influence, said Risalat Khan of the Sunrise Project, a nonprofit focused on energy transition policy. 

“People are very directly seeing their premiums rise, in relation to climate disasters,” he said. “There’s a direct question there of, why aren’t state level regulators using more of their power to take local action?”

The significance of this financing mechanism could vary from state to state, says Benjamin Keys, a professor of economics at the University of Pennsylvania and an expert on climate insurance risks. 

“One major issue is that the fuels are collected and burned everywhere, but the pain of natural disasters is local in nature,” he said. Because of that, he questioned whether the financing mechanism “would be feasible for all communities to emulate, because many places have [lots of] disasters hit, but very little in the way of fossil fuel production.” Florida, for instance, doesn’t have much more fossil-fuel infrastructure than Connecticut, but faces extreme weather and other catastrophes far more often.

Even though the legislation is weaker than the previous version, supporters say passing it in the home of the country’s insurance industry would send a message to big companies that are still underwriting oil and gas projects.

“I think it’s a good policy, but from a narrative-setting perspective, it’s really important,” said Swan.

This story was originally published by Grist with the headline Connecticut wants to penalize insurers for backing fossil-fuel projects on Mar 19, 2024.

Earlier this month, the Ninth Circuit Court of Appeals declined to stop the construction of a copper mine in Arizona on land sacred to the San Carlos Apache Tribe as well as other Indigenous nations. Chí’chil Biłdagoteel, also known as Oak Flat, sits atop the third largest copper deposit on the planet and is essential to green energy projects. The operation, which will be run by Resolution Copper, a subsidiary of mining companies Rio Tinto and BHP, will leave a crater nearly 1,000 feet deep and 2 miles wide.

“Oak Flat is like Mount Sinai to us — our most sacred site where we connect with our Creator, our faith, our families and our land,” said Wendsler Noise of Apache Stronghold, a nonprofit fighting to protect the area. “We vow to appeal to the Supreme Court.” 

Over the years, Oak Flat has developed a storied history. In 2014, Oak Flat was a part of a military spending bill that would allow the government to “swap” the area with other land in Arizona. In 2016, it was added to the National Register of Historic Places in an attempt to protect it, and in 2021 the Apache Stronghold sued the government, arguing that the land was reserved for the Western Apaches in an 1852 treaty. Then, in 2023, Apache Stronghold made the case that the land transfer would keep them from exercising their religion. The court disagreed. 

The issue before the court illustrates a battle between religion, Indigenous rights, and potential solutions to the climate crisis. For tribal nations like the San Carlos Apache who practice what are known as “land-based religions” — ceremonial practices that are inextricably tied to areas Indigenous peoples have relationships with — preserving those lands with religious significance is paramount to the survival, and transmission, of both culture and values to the next generation. 

But for developers, the proposed mine would support a few thousand jobs for the surrounding community, inject $61 billion into the local economy, and provide a critical supply of copper for everything from electric vehicles to energy storage systems. By 2031, the world will need almost 37 million metric tons of copper to continue the process of green-energy electrification. Resolution Copper said that Oak Flat could provide a quarter of U.S. copper production. 

At the heart of Apache Stronghold’s legal case is something called “substantial burden” — there must be proof that the government has interfered with an individual’s right to practice their religious beliefs. Substantial burden protects U.S. citizens from government interference, unless the government has a really good reason. That means Apache Stronghold’s claim needs to be justified with a high level of scrutiny. 

If the case goes to the Supreme Court, and Apache Stronghold wins, the federal government would need to show a compelling reason to destroy Oak Flat. 

“If the Supreme Court finds that land transfer of Oak Flat is a substantial burden on Apache religious practice, then the court sends the case back down to the lower court,” said Beth Margaret Wright, who is from the Pueblo of Laguna and is an attorney with the Native American Rights Fund. “Then that would be on the government to prove that the land transfer is narrowly tailored toward a compelling government interest.”

Wright said that’s a pretty high bar for the government to meet, and it’s complicated by the court’s history with land-based religions.

According to the court’s recent decision, Oak Flat is similar to an older case out of California: Lyng v. The Northwest Indian Cemetery Protective Association. In the 1980s, the United States Forest Service was sued by the Northwest Indian Cemetery Protective Association over the proposed construction of a road. The Yurok, Karuk, and Tolowa tribes argued the road would irreparably damage an area where tribal members conducted religious ceremonies. 

Ultimately, the U.S. Supreme Court ruled that the federal government could do what it wanted with its land and said that the government couldn’t be held responsible for the religious needs of its citizens — a kind of “slippery slope” that recognized that a favorable ruling for the tribes would provide a veto button for other Indigenous nations on public projects in the future. In its ruling, the Supreme Court acknowledged that there were deeply held religious beliefs tied to the land, but the road was built anyway. 

Joe Davis, an attorney with Becket Law, the firm defending Apache Stronghold, said the narrow focus on Lyng is what is at issue with Oak Flat: He says it’s the wrong framing.

Five years after the Lyng decision, the Religious Freedom Restoration Act, or RFRA, was passed. Because RFRA was written to expand religious protections, the Apache Stronghold seeks the expanded protections under RFRA to be applied to Oak Flat. 

“This is a case, at its heart, about the Religious Freedom Restoration Act, which uses different language and is broader than the First Amendment,” said Davis.

And that argument has some history with the courts. In 2012, Becket also defended Hobby Lobby at the Supreme Court and won using the Religious Freedom Restoration Act. In that case, the court decided that under RFRA, the family that owns Hobby Lobby could opt out of providing birth control to employees under federal insurance laws due to religious beliefs. Essentially, the court found that the federal government was imposing a substantial burden because the use of birth control violated the owners’ religious freedoms. 

“Hobby Lobby shows that RFRA is very powerful,” said Davis. “This case is an opportunity for the Supreme Court to make good on the promise of RFRA.” 

The Ninth Circuit decided that in Oak Flat, substantial burden wasn’t met, citing the Lyng case. But the Lyng case doesn’t define substantial burden, RFRA does, and Davis argues that the court made a leap applying substantial burden when the concept wasn’t used in the Lyng case. Basically, the court didn’t use the broad protections offered by RFRA and instead applied a ruling from a pre-RFRA world.

If the case gets picked up by the U.S. Supreme Court, and Apache Stronghold wins, this would help clarify substantial burden. But with that clarity, there may come many more legal battles testing the limits of the First Amendment for Indigenous peoples. 

“It might help us in the sense that now a substantial burden is more encompassing of land-based religions,” said Beth Margaret Wright with the Native American Rights Fund. “But it doesn’t necessarily mean that our land-based religions and practices are forever protected.” 

A spokesperson with the U.S. Forest Service, the agency named in the lawsuit, declined to comment citing ongoing litigation.

This story was originally published by Grist with the headline The massive copper mine that could test the limits of religious freedom on Mar 19, 2024.

Did you know only 90 companies account for two-thirds of the industrial CO2 (carbon dioxide)…

The post We Earthlings: 90 Companies Account for 2/3 of Global CO2 Emissions appeared first on Earth911.

Orca whales are familiar residents of West Coast waters. The black and white marine mammals are often seen swimming in groups, diving and slapping their tails against the water’s surface.

Researchers from the University of British Columbia (UBC) believe that a group of 49 killer whales seen hunting sperm whales and other marine animals in the ocean off the coasts of Oregon and California may be a separate population, a press release from UBC said.

The researchers said the orcas could be a unique oceanic population or part of a transient killer whale subpopulation.

“The open ocean is the largest habitat on our planet and observations of killer whales in the high seas are rare,” said Josh McInnes, lead author of the study and a UBC masters student at the Institute for the Oceans and Fisheries (IOF), in the press release. “In this case, we’re beginning to get a sense of killer whale movements in the open ocean and how their ecology and behaviour differs from populations inhabiting coastal areas.”

There are three killer whale ecotypes living in waters off the Oregon and California coasts — “offshores,” “residents” and “transients.”

According to the researchers, the unidentified orcas have been seen previously. The study puts together information gathered during nine encounters from 1997 to 2021.

“It’s pretty unique to find a new population. It takes a long time to gather photos and observations to recognize that there’s something different about these killer whales,” said study co-author Dr. Andrew Trites, a professor at IOF, in the press release.

Descriptions and photos did not match any of the group of 49 with known orcas.

“In one of the first encounters researchers had with a pod of these oceanic killer whales, they were observed taking on a herd of nine adult female sperm whales, eventually making off with one. It is the first time killer whales have been reported to attack sperm whales on the west coast,” McInnes said in the press release. “Other encounters include an attack on a pygmy sperm whale, predation on a northern elephant seal and Risso’s dolphin, and what appeared to be a post-meal lull after scavenging a leatherback turtle.”

Based on shark bite scars seen on nearly all the orcas in the new group, the research team believes they mostly live in the deep ocean far from the coast.

“The presence of cookiecutter shark wounds provides indirect evidence that these unknown killer whales had spent time in warmer oceanic waters,” the study said, as The Canadian Press reported.

The killer whales are also physically distinct from the three principal ecotypes in their white or grey patches next to the fin — known as “saddle patches” — and their dorsal fins.

“While the sizes and shapes of the dorsal fins and saddle patches are similar to transient and offshore ecotypes, the shape of their fins varied, from pointed like transients to rounded like offshore killer whales,” McInnes said in the press release. “Their saddle patch patterns also differed, with some having large uniformly gray saddle patches and others having smooth narrow saddle patches similar to those seen in killer whales in tropical regions.”

The study, “Evidence for an Oceanic Population of Killer Whales (Orcinus orca) in Offshore Waters of California and Oregon,” was published in the journal Aquatic Mammals.

Trites said birding and whale watching expedition passengers, as well as fishers, gave them additional observations of the unidentified whales.

The research team hopes to document acoustic data, genetic information and more sightings to continue their investigation into the differences between these whales and known populations.

“We’re just kind of at the tip of the iceberg of what these whales are doing. I mean, are they all one population? Are they multiple? We don’t know. So, I feel like this is kind of the big start of the next steps in our research, and to maybe get more sightings and more information,” said McInnes, as reported by The Canadian Press.

The post Orcas Spotted in Northeastern Pacific Ocean Could Be New Population appeared first on EcoWatch.