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Marine Conservation Leaders Urge U.S. Supreme Court to Require Federal Greenhouse Gas Regulation |
Amicus Brief Supports First Federal Lawsuit Over Global Warming Issues |
WASHINGTON, DISTRICT OF COLUMBIA, Sep. 6 -/E-Wire/-- Thirteen major marine conservation advocates have urged the United States Supreme Court to rule that the U.S. Environmental Protection Agency (EPA) is both authorized and required to regulate greenhouse gases.
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In a "friend of the court" brief, the petitioning organizations declared that the greenhouse gases – carbon dioxide, methane, nitrous oxide and hydrofluorocarbons – present a more profound threat to human health and welfare than anything else currently regulated under the Clean Air Act.
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The Amici Curiae brief supports the position held by petitioners against the EPA for failure to regulate carbon dioxide emissions, a significant contributor to the ever-increasing problem of global warming. The parties in the petition to the Supreme Court included the Commonwealth of Massachusetts, the states of California, Connecticut, Illinois, Maine, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington in addition to environmental groups, the union of concerned scientists, and three cities. The suit maintains that the EPA has a duty to regulate carbon dioxide under the Clean Air Act. The case marks the first time that states have sued the federal government over global warming issues.
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The State Attorneys General of Massachusetts, Connecticut and Maine who filed one of the original suits later consolidated into the case now before the Supreme Court, Mass et al v. EPA, have called EPA's inaction on carbon dioxide "intolerable – a dangerous disservice to the nation." Connecticut Attorney General Richard Blumenthal said, "Our lawsuit is a last resort. Even after abundant opportunity and public urging, the EPA steadfastly refuses to enforce the law and protect the public. It has repeatedly acknowledged its authority, but it has persistently failed its obligation to use that authority. Now the courts must compel it."
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The amicus brief filed by ocean advocates argues that EPA's refusal to regulate greenhouse gas emissions violates the plain language of the Clean Air Act and focuses the Court's attention on current and imminent impacts of global warming. "It is important for the Court to know that climate change is already having an impact," the groups filing today said. "One need only look to the oceans and coasts of the United States. Ocean temperatures are increasing. Ocean chemistry is changing and becoming more acidic. The polar caps are melting and sea levels are rising. Coastlines are eroding and estuaries are changing. Hurricanes are becoming more powerful and destructive. Coral reefs are dying and the marine foodweb is unraveling. Marine life is under increasing stress as life zones diminish. Human communities closest to the oceans and coasts are bearing the brunt of these profound changes in the marine environment."
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"There is strong and growing scientific consensus that all of these effects are closely linked to the emission of so-called greenhouse gases" the groups declared, and that the gas pollutants "may reasonably be anticipated to endanger human health or welfare."
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Signatories of the brief include the American Littoral Society (ALS), Cetacean Society International (CSI), Humane Society of the United State (HSUS), International Wildlife Coalition Inc. (IWC), Marine Conservation Biology Institute (MCBI), Nantucket Soundkeeper / Alliance to Protect Nantucket Sound (APNS), The Ocean Conservancy, Ocean Futures Society, Oceans Public Trust Initiative (OPTI)—a project of Earth Island Institute's International Marine Mammal Project, Provincetown Center for Coastal Studies (PCCS), SeaWeb, and Whale and Dolphin Conservation Society (North America) (WDCS(NA)). Also signing was Jean-Michel Cousteau, renowned ocean explorer and president of Ocean Futures Society.
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The brief was prepared under the auspices of the Environmental and Natural Resources Law Clinic at Vermont Law School under the direction of Professor Patrick Parenteau and Christophe A.G. Tulou, Principal of Christophe Tulou Associates and Director of the Program on Sustainable Oceans, Coasts and Waterways at the H. John Heinz III Center for Science, Economics and the Environment.
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Copy of the Amicus Brief may be viewed at: http://www.sierraclub.org/environmentallaw/lawsuits/docs/2006-08-30-briefoceancoast.pdf
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Organization Descriptions:
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American Littoral Society (ALS). Currently comprised of over 6,000 professional and amateur naturalists, ALS seeks to encourage a better scientific and public understanding of the marine environment and provide a unified voice advocating protection of the delicate fabric of life along the shore.
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Cetacean Society International (CSI). CSI advocates for laws and treaties that prevent habitat destruction and minimize cetacean killing and captures, while maximizing human activities that neither harm nor harass, but instead enhance public awareness of and concern for cetaceans and the marine environment.
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Humane Society of the United States (HSUS). With nearly ten million members and constituents, The HSUS is the nation's largest animal protection organization. The HSUS strives to protect, conserve, and enhance the nation's wildlife and wildlands while also promoting the
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humane treatment of all animals, including marine life. In particular, The HSUS, together with its international arm, The Humane Society International, has an extensive array of domestic and international programs that focus specifically on concerns facing marine environment and encourages its members to weigh in on these issues by contacting leaders and decision-makers. Additionally, HSUS submits comments on a wide range of issues pertaining to marine mammals and their environment and litigates complex cases to preserve marine life.
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International Wildlife Coalition Inc. (IWC). Founded in 1984, the Coalition is dedicated to public education, research, rescue, rehabilitation, litigation, legislation and international treaty negotiations concerning global wildlife and natural habitat protection issues.
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Jean-Michel Cousteau. The president of Ocean Futures, Jean-Michel Cousteau has been a voice of concern for oceans in countries across the world for decades. He served as a spokesman on water issues at the United Nations World Summit on Sustainable Development in Johannesburg, at the 3rd World Water Forum in Kyoto, and at the Dialogues on Water for Life and Security in Barcelona.
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Marine Conservation Biology Institute (MCBI). Our mission is to advance the
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science of marine conservation biology and secure protection for ocean ecosystems.
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Nantucket Soundkeeper/Alliance to Protect Nantucket Sound (APNS). Our goal is to protect Nantucket Sound in perpetuity through conservation, environmental action, and opposition to inappropriate industrial or commercial development that would threaten or negatively alter the coastal ecosystem.
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The Ocean Conservancy. The oldest and largest organization solely dedicated to ocean conservation, we represent 150,000 members on ocean conservation issues. We promote healthy and diverse ocean ecosystems and oppose practices that threaten ocean life and human life.
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Ocean Futures Society. Ocean Futures Society, a non-profit marine conservation and education organization, serves as a voice for the ocean by communicating in all media the critical bond between people and the sea and the importance of wise environmental policy.
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Oceans Public Trust Initiative (OPTI). OPTI is a project of the Earth Island Institute's International Marine Mammal Project and our mission is to ensure that the public trust interest in ocean and coastal areas is fully protected by state and federal governments.
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Provincetown Center for Coastal Studies (PCCS). PCCS conducts scientific research with emphasis on marine mammals of the western North Atlantic and on the coastal and marine habitats and resources of the Gulf of Maine. Our mission includes promoting stewardship of coastal and marine ecosystems and working on issues of habitat protection, ecosystem management, marine mammal and marine wildlife conservation.
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SeaWeb. SeaWeb is a communications-based nonprofit organization that uses social marketing techniques to advance ocean conservation. By raising public awareness, advancing science-based solutions and mobilizing decision-makers around ocean conservation, we are leading voices for a healthy ocean.
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Whale and Dolphin Conservation Society (North America) (WDCS (NA)). WDCS (NA) is a MA incorporated not-for-profit and is part of the WDCS group. Established in 1987, WDCS is the global voice for the protection of whales, dolphins and their environment.
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