Nature's Voice Winter 2024

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WINTER 2024

’ NATURE SVOICE

DESHEVYKH DMITRY/ISTOCK

For the 3 million Members and online activists of the Natural Resources Defense Council

IN THIS ISSUE

Arctic fox

Biden Nixes Arctic Refuge Drilling Pint-Size Pollinator Scores Big Court Win SOS! Members Rally to Save Critically Endangered Whales 10 Big Environmental Victories, Thanks to You!

NRDC works to safeguard the earth—its people, its plants and animals, and the natural systems on which all life depends.


G O O D N EWS

C OV E R A RT I C L E

Victory

BIDEN NIXES ARCTIC REFUGE DRILLING

The Environmental Protection Agency (EPA) has finalized standards that will phase out the most potent climate-warming hydrofluorocarbons in key applications—from aerosols and heat pumps to supermarket refrigerators and vehicle air conditioners—and has proposed additional rules aimed at curbing the use and emissions of these super pollutants. Pound for pound, hydrofluorocarbons have a climate-warming impact hundreds to thousands of times greater than that of carbon dioxide. The EPA’s new regulations will prevent up to a billion metric tons of these harmful emissions.

Victory

CA GETS TOUGHER ON NEONICS

Governor Gavin Newsom has signed into law a bill cosponsored by NRDC that makes California the 10th state—and the most populous—to rein in the outdoor use of neurotoxic neonic pesticides. The law will remove all consumer lawn-and-garden neonic products from store shelves and restrict their use to trained professionals. It also directs the state’s Department of Pesticide Regulation to complete a comprehensive reevaluation of remaining lawn-and-garden neonic uses with an eye toward the danger those uses pose to native pollinators, human health, and aquatic ecosystems.

Victory

LNG-BY-RAIL RULE SUSPENDED

Following an enormous public outcry, including from thousands of NRDC Members and online activists, the federal Department of Transportation has finally suspended a rule advanced under the Trump administration that allowed the transportation of highly explosive liquid natural gas (LNG) by rail across the country without a special permit. Just 22 tank cars of LNG hold explosive energy equivalent to that of the Hiroshima atomic bomb, putting railside communities at extraordinary risk. NRDC is now advocating for a permanent federal ban on LNG transport by rail.

T

he Arctic National Wildlife Refuge—the country’s largest wildlife refuge and a vital sanctuary for animals that are already struggling on the front lines of climate change—has been granted a critical reprieve from the threat of oil drilling. President Biden has canceled drilling leases issued by the Trump administration, which sought to open the heart of the refuge, its 1.6-million-acre Coastal Plain, as part of its aggressive “drill first” agenda, a move that NRDC and our allies immediately challenged in court. NRDC President Manish Bapna praised Biden’s decision: “It’s long past time to stop sacrificing irreplaceable wildlife habitat and Indigenous lands to deepen our dependence on the fossil fuels driving the climate crisis. This puts our future first.” Known to the Indigenous Gwich’in as “the sacred place where life begins,” the Coastal Plain of the Arctic Refuge is the favorite denning ground for America’s polar bears, the birthing ground for the

majestic Porcupine River caribou herd, and critical nesting habitat for millions of migratory birds. Time and again NRDC and our allies, including millions of Members and online activists, have fought to defend the refuge from the oil and gas industry, which has been lobbying to drill on the Coastal Plain since the late 1970s. Even as climate champions and wildlife defenders celebrate the president’s decision to cancel the drilling leases, the battle rages on to stop the senseless handover of more of our shared public lands and coastal waters to the oil and gas giants. NRDC and our coalition partners continue to fight in court to stop the illegally approved Willow project, a massive expansion of drilling in Alaska’s Western Arctic. We’re also fighting offshore lease sales across vast portions of the Gulf of Mexico and in Alaska’s Cook Inlet, where the government failed to disclose the full climate and environmental impacts of allowing continued oil and gas development. “Public lands and waters are a public trust,” says

Bapna. “They must be part of the climate solution— not the problem.”

The move cancels drilling leases that could have impacted vital denning habitat for polar bears.

S P E C I A L R E P O RT

The environmental campaigns and victories featured in Nature’s Voice are all made possible through your generous support. You can help NRDC defend the environment by making a special contribution: NRDC.ORG/GIVE

Pint-Size Pollinator Scores Big Court Win The endangered rusty patched bumblebee, once common across the Midwest and Northeast, is getting a better shot at a comeback. In response to an NRDC lawsuit, a federal judge has rejected a decision by the U.S. Fish and Wildlife Service (FWS) not to designate critical habitat for the embattled pollinator, despite being legally required to do so under the Endangered Species Act. Under the law, an agency can forgo designating critical habitat only when doing so would not benefit conservation of the species. But here, FWS itself found that habitat loss and degradation were key drivers of the bee’s disappearance from nearly 90

percent of its range, along with exposure to toxic pesticides such as neonics, climate change, and disease. The species was listed as endangered back in 2017 following two previous lawsuits by NRDC. “We’ll be watchdogging the Fish and Wildlife Service to make sure the agency moves forward with designating lifesaving critical habitat for the rusty patched bumblebee,” says NRDC staff attorney Lucas Rhoads. “The court’s decision makes clear that we have Rusty patched bumblebee both a moral and a legal imperative to take action to protect the areas these endangered pollinators call home.”

PHOTOS, FROM TOP: PATRICK J. ENDRES/ALASKAPHOTOGRAPHICS.COM; USFWS.

SEE YA, SUPER POLLUTANTS!


CA M PA I G N U P DAT E

SOS! MEMBERS RALLY TO SAVE CRITICALLY ENDANGERED WHALES

I

A powerful array of forces is lining up in stiff opposition to stronger whale protections. Chief among them: the oil and gas industry.

Clockwise from top left: Their majestic size belying their vulnerability, fewer than 340 North Atlantic right whales today struggle to survive; A female Gulf of Mexico whale killed by a ship strike off the Florida coast; More than 20 percent of Gulf of Mexico whales were lost because of the massive Deepwater Horizon oil spill.

of surviving a strike by up to 90 percent. Currently the National Marine Fisheries Service is weighing strong new vessel speed restrictions to protect North Atlantic right whales, and NRDC has petitioned the agency to do the same for Gulf of Mexico whales. We’re also advocating for the swift deployment of federal funds to address another major threat to North Atlantic right whales, entanglement in fishing gear, and calling for a historic investment to fuel a rapid transition to whale-saving ropeless fishing gear. For wildlife advocates such as Kershaw, it can be difficult to describe the experience of seeing great whales for the first time. Although the animals’ size

often invites comparison to material objects of similar scale—a 30-ton Gulf of Mexico whale weighs as much as a large fire truck, for example— such comparisons do nothing to capture the magical quality of witnessing these amazing creatures in their natural environment. “The sheer size and majesty—you get this sense of tremendous power, especially when they breach,” says Kershaw. “But there’s also such grace in the way they move; it’s breathtaking.” Hard to believe, then, that there would be anyone fighting against saving these awe-inspiring animals. Yet a powerful array of industry forces is lining up in stiff opposition to stronger whale protections.

Chief among them: the oil and gas industry. Nowhere is that truer than in the home of the Gulf of Mexico whale, which has been described as one of the most endangered whales on earth. Just two years ago, scientists determined that these 40-foot-long animals—also known as the Rice’s whale—are an entirely distinct species that has evolved through isolation in the gulf. In fact, unlike other great whales such as the North Atlantic right whale, which makes a thousand-mile-long offshore trek from Canada to Florida each year, Gulf of Mexico whales don’t migrate. “As far as we know, they’re entirely dependent on a narrow band of ocean habitat that runs along the continental shelf break in the gulf from Florida to Texas,” explains Michael Jasny, director of our Marine Mammal Protection Project. “And unfortunately that’s the epicenter for offshore oil and gas development.” The industry has already exacted a horrific toll on the whales. Scientists estimate that more than 20 percent of these ultra-rare animals were lost because of the Deepwater Horizon disaster, which unleashed tens of millions of gallons of crude oil into the gulf. But in its reckless pursuit of more climate-destroying fossil fuels, the oil and gas industry is dead set against slowing down—literally. [Continued on next page.]

PHOTOS, CLOCKWISE FROM LEFT: BRIAN SKERRY; NOAA; U.S. COAST GUARD.

t's been more than 40 years since the international community came together to impose a historic ban on commercial whaling. Yet even as whales continue to struggle to recover from more than a century of being hunted to the brink of extinction, these gentle giants are being dogged by other industry threats. Few whale species are in as dire need of protection as two that call U.S. waters home: the North Atlantic right whale and Gulf of Mexico whale. Fewer than 340 North Atlantic right whales exist today, and a mere 50 or so Gulf of Mexico whales are clinging to survival. “With numbers as low as these, every individual whale counts,” says Francine Kershaw, a senior scientist with NRDC’s Marine Mammal Protection Project. Kershaw and her colleagues have been sounding the alarm about the plight of both whale species— and NRDC Members and online activists have responded in droves. Tens of thousands have called on the Biden administration to reject industry influence and issue urgent safeguards for the whales before it’s too late. (You can make your voice heard too! See Take Action on next page.) Among the leading threats to both species is being struck by fast-moving ships. It was a fact tragically underscored in June 2020 when a male North Atlantic right whale calf just a few months old was discovered dead off the coast of New Jersey. In addition to the propeller wounds and other injuries that officials determined likely caused the young calf’s death, the body showed evidence that he had suffered at least one other serious ship strike in his short life. Since then, two other calves are known to have been struck and killed, along with one of their mothers. If the solution to this lethal threat seems straightforward, it is: Slow the ships down. Indeed, studies of North Atlantic right whales and other, similar species have shown that reducing vessel speeds to 10 knots or less can boost a whale’s chances


It’s campaigning vigorously against new vessel speed rules, even as a full one-third of all strike risk for Gulf of Mexico whales comes from vessels serving the oil and gas industry. The industry is also lobbying hard for the Fisheries Service to green-light another two and a half years of seismic exploration for oil deposits in the gulf. The agency appears poised to do so, despite the fact the government’s own scientists have concluded that seismic surveys are likely to “eliminate or seriously degrade” the entire species of Gulf of Mexico whales. Such surveys rely on large arrays of high-energy seismic air guns towed behind ships that release dynamite-like sound every 10 to 12 seconds, day and night, for weeks and months on end. For animals that depend on their hearing to find food, locate mates, communicate with their young, and more, this sonic assault isn’t just an annoyance; it’s a matter of life and death. “We sued when the Fisheries Service under Trump tried to rubber-stamp more seismic exploration in the gulf,” says Jasny. “And we’re prepared to go to court again if that’s what it takes to spare these critically endangered whales more suffering at the hands of the oil and gas industry.”

TAKE ACTION

nrdc.org/savewhales

Your Membership Support of NRDC Made a World of Difference in 2023 Thanks to your generous donations, here are some of the landmark environmental victories we won over the past year:

NO DRILLING IN ARCTIC REFUGE

EIGHT STATES GO ALL-IN ON EVS

EXPLOSIVE TAP WATER WIN

EPA VETOES PEBBLE MINE

OUTCRY SPURS USPS U-TURN

POLLUTER PAYS UP IN MAINE

BIG SURGE FOR ENERGY EFFICIENCY

ATTACK ON WILDLIFE AXED

NYC ORGANICS GO CURBSIDE

The Biden administration canceled leases in the nation’s largest wildlife refuge, sparing polar bears, musk oxen, and other Arctic wildlife an onslaught of new drilling.

A colossal open-pit copper and gold mine that threatened the world’s most productive wild salmon runs in Bristol Bay, Alaska, was blocked by the EPA.

GRAND NEW MONUMENT NAMED

More than 900,000 acres of iconic western landscape are now protected as Baaj Nwaavjo I’tah Kukveni–Ancestral Footprints of the Grand Canyon National Monument.

Updated federal energy efficiency standards for 20 categories of products are poised to save consumers $650 billion in utility bills while cutting carbon pollution.

California plus seven more states have committed to phase out the sale of new, fully gas-powered cars and trucks by 2035, turbocharging the clean-car revolution.

Massive public backlash pushed the Postal Service to drop plans to invest in more polluting trucks and pledge to purchase thousands of clean electric vehicles instead.

The Biden administration is on track to restore many critical protections for struggling wildlife under the Endangered Species Act that the previous administration gutted.

A federal appeals court ruled that the EPA must regulate perchlorate in drinking water, a widespread and toxic contaminant used in rocket fuel and explosives.

A hard-won court settlement means a corporate polluter will pay a minimum $187 million to clean up its toxic legacy of dumping mercury into the Penobscot River.

The Big Apple is taking a big bite out of climate-busting methane emissions by requiring curbside collection and composting of food scraps and yard waste.

Please help us win even more victories in 2024—both in and out of court—by making a special tax-deductible contribution at: NRDC.ORG/VICTORIES

PHOTOS: KATRINA LIEBICH/USFWS; EVGO NETWORK VIA FLICKR, CC BY-NC-SA 4.0; BRIAN PINEDA; FELICIA JIMENEZ/NPS; GETTY IMAGES (2): DYAN BONE/USFS SOUTHWESTERN REGION, KAIBAB NATIONAL FOREST; DREAMSTIME; GETTY IMAGES (2).

[Continued from previous page.]


On the Bright Side: Climate Law Set to Drive Clean Energy Revolution Not one, not two, but nine major research models agree: The Inflation Reduction Act is poised to drive a historic transformation of the U.S. economy toward cleaner, renewable energy. The compilation is the first to bring together different analyses of the potential impacts of the landmark climate legislation and was published recently in the leading peer-reviewed academic journal Science. Among the analyses was one from NRDC in addition to independent studies from the U.S. Department of Energy, the Electric Power Research Institute, Stanford, MIT, and others. “All of the analyses point in the same direction: The Inflation Reduction Act is set to drive the transition to clean energy while saving households money and slashing carbon emissions,” says Amanda Levin, director of policy analysis at NRDC and coauthor of the paper. “The consistency across government, industry, and academic analyses is further evidence of the historic nature of this legislation.” Together the modeled scenarios find that overall U.S. greenhouse gas emissions could fall 43 percent to 48 percent by 2035 from the 2005 peak with the climate legislation in place, compared with 27 percent to 35

percent without it. A shift to solar, wind, and other low-carbon technologies cuts emissions from the power sector by 66 percent to 87 percent by 2035 across the models. “We’re already seeing the beginning of the end of the fossil fuel age,” Levin says, with an emphasis on beginning. On the heels of the earth’s hottest summer on record, dozens of NRDC science and policy experts are working to make sure the Inflation Reduction Act delivers its full potential while advancing additional climate-saving solutions at the local, state, and

national levels. One such staffer is renewable energy expert Nathanael Greene, senior advocate with our Climate & Clean Energy Program, who recently led a team in taking a hard look at project permitting. “Most people’s eyes would glaze over,” says Greene. “But if we’re going to build out new clean infrastructure at the scale and pace required to meet our climate goals—while at the same time minimizing impacts on biodiversity and empowering communities rather than steamrolling over them—we need progressive permitting reform.”

P&G’s ForestDegradation Commitment Goes Poof! By Shelley Vinyard, Boreal Corporate Campaign Director

In its most recent forest sourcing policy, Procter & Gamble—the corporate giant behind such throwaway tissue products as Charmin and Bounty—quietly removed any mention of a claim it spent the last two years touting to investors: that it prohibits forest degradation in its supply chain. That claim first appeared on the heels of a groundbreaking “investor rebellion” in 2020, when two-thirds of the company’s shareholders voted in favor of a resolution demanding the company report on how it could eliminate deforestation and forest degradation from its supply chain. The only problem? P&G never, in fact, prohibited forest degradation, which led NRDC to file a complaint against the company with the Securities and Exchange Commission. Now, without any acknowledgement that its promise wasn’t even worth the paper it was printed on, the company has removed all references to forest degra-

dation from its forest sourcing policy. That leaves P&G essentially where it stood during the investor rebellion: as a leading driver of the degradation of intact boreal forests in Canada, with major impacts to our climate and to biodiversity. Every year P&G purchases hundreds of thousands of tons of pulp made from boreal trees to make its toilet paper and other tissue products, and every year Canada’s logging industry clearcuts 1.3 million acres of boreal forest, destroying precious wildlife habitat and unleashing enormous amounts of climate pollution. Shockingly, because of long-standing international loopholes, these impacts don’t count as “deforestation.” Why not? Even though the trees are mowed down, the denuded land is still technically classified as “forest”—i.e., it hasn’t been converted to farms or subdivisions. And while P&G touts measures addressing deforestation, it now completely avoids talking about degradation. Bottom line: P&G needs to reverse course and make a real, meaningful commitment to eliminating forest degradation in its supply chain. And for conscientious consumers looking to ditch the Charmin, there are more forest-friendly alternatives than ever. Check out NRDC’s most recent rankings at nrdc.org/tissue.

PHOTOS, FROM LEFT TO RIGHT: GETTY IMAGES; EVIE FJORD; CHERISS MAY FOR NRDC; DESHEVYKH DMITRY/ISTOCK.

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