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Biden-appointed judge delivers blow to climate lawsuit targeting gas stoves
A federal judge has largely tossed a class-action lawsuit filed by a California resident who alleged that a major appliance manufacturer committed fraud by characterizing his gas-powered stovetop as safe despite its emissions.
Judge Araceli Martínez-Olguín of the U.S. District Court for the Northern District of California — who was nominated by President Biden and received Senate confirmation last year — last week dismissed with prejudice the majority of claims made by Charles Drake, the plaintiff in the case. The only count not completely dismissed is Drake’s allegation that the defendant, GE Appliances’ parent company, Haier Appliances, violated an implied warranty of merchantability.
“Drake does not allege the necessary elements of fraud by omission under California law,” Martínez-Olguín wrote in her decision. “Most glaringly, Drake fails to plead the second and fourth elements of fraud by omission: that Haier held a duty to disclose the fact of the emissions to him, or that Drake justifiably relied on Haier’s concealment of the dangerous emissions from his gas stove.”
“Drake alleges no connection between Haier and the studies he cites, appearing to conclude merely that Haier ‘should have known.’ This does not meet the specificity required for claims sounding in fraud,” she added. “Therefore, the claims sounding in fraud must also be dismissed on this basis.”
BIDEN ADMIN BACKS OFF GAS STOVE CRACKDOWN AFTER WIDESPREAD PUSHBACK
Judge Araceli Martínez-Olguín of the U.S. District Court for the Northern District of California has largely dismissed the class-action suit against gas stove manufacturer GE Appliances. (U.S. District Court for the Northern District of California | Getty Images)
The case dates back to early March 2023 when the California-based law firm Dovel & Luner filed the class-action suit on behalf of Drake. The complaint stated that gas stoves produce “health-harming pollutants,” such as nitrogen oxide, and points to a Consumer Reports article titled “Is Your Gas Range a Health Risk?” as evidence of said harms.
Drake’s complaint further pointed to a 2022 study funded by the Rocky Mountain Institute, a climate think tank which has advocated for a broad economy-wide green energy transition. That same study was cited by U.S. Consumer Product Safety Commission member Richard Trumka Jr. when he floated a ban on gas stoves last year, sparking outrage among consumer advocates and lawmakers.
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And the complaint argued that Haier Appliances should be aware of such research and, therefore, the potential harms posed by gas stoves. Such harms would constitute a product “defect” and, since Haier still sells the products, would mean the company is committing consumer fraud, according to Drake.
In January, the Biden administration backed off more aggressive regulations targeting gas stoves, instead finalizing rules supported by industry groups. (Getty Images)
“Like other makers of gas stoves, Defendant monitors and keeps track of research on the health effects of its products,” the complaint stated. “This is diligence that large companies like Defendant routinely do when selling a consumer product. Defendant is aware of the fact that its Products emit harmful pollutants. It is further aware that use of gas stoves increases the rates of respiratory illness in adults and children.”
But Martínez-Olguín noted in her ruling that plaintiffs are typically required to allege “how the defendant obtained knowledge of the specific defect prior the plaintiff’s purchase of the defective product in order to sufficiently allege the manufacturer’s awareness of a defect.” By broadly stating Haier “keeps track of research,” Drake failed to overcome that hurdle, she ruled.
The judge ultimately gave Drake until March 14 to file an amended complaint, meaning the case is technically ongoing.
GE Appliances declined to comment, citing its policy “not to comment on pending litigation.” Dovel & Luner didn’t respond to a request for comment.
Meanwhile, the ruling is the latest setback for environmentalists who have sought nationwide crackdowns on gas stoves over their climate impact. In January, a federal appeals court delivered a fatal blow to a natural gas ban proposed by the city of Berkeley, California, and, weeks later, the Biden administration watered down regulations targeting gas stoves in a win for the appliance industry.
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WASHINGTON – Coming up this month, spring’s most colorful new event: Tulip Day Washington.
What we know:
On March 15, 2026, Tulip Day Washington will transform DC’s National Mall into a vibrant tulip-picking garden beautiful views of U.S. Capitol
This one-day event will take place from 11:15 AM – 4:15 PM, offering a floral showcase of approximately 150,000 tulips; visitors are invited to pick their choice of 10 tulips for free upon arrival.
Dig deeper:
The registration site for Tulip Day is currently down, showing users “This site is currently unavailable. If you’re the owner of this website, please contact your hosting provider to get this resolved.”
Users on social media say the event may be sold out.
Check tulipday.eu for updates.
The backstory:
The event is organized by the Embassy of the Netherlands and Royal Anthos, a Dutch trade association, in honor of America’s 250th birthday. The display of tulips will be in the shape of the number 250.
The bulbs come from the Netherlands, but are being grown in Virginia and New Jersey.
These won’t be the first tulips on the National Mall, however. The Floral Library, also known as the Tulip Library, features 93 beds of flowers near the Tidal Basin. The Floral Library was established in 1969, and is maintained by the National Park Services. These flowers, though, are to be enjoyed only – not to be picked.
The expansion would open the spigot for 550,000 barrels per day of crude, the company says. Although the crude would mostly pass through eastern Wyoming, the venture opens opportunities for Wyoming oil producers in the region for more transportation access to U.S. refineries and shipping ports, according to Bridger and local industry officials.“It would be the biggest project in our history, if it comes to fruition,” Bridger Pipeline spokesperson Bill Salvin told WyoFile on Friday. “We are, however, in the really early stages of the project. But we’re very excited about it.”Industry trade groups speculate the Bridger Pipeline Expansion is part of a competitive scramble to fill a gap left by TC Energy’s Keystone XL project. That company, in 2021, abandoned the controversial project in the face of major opposition and protests. It would have transported Canadian tar-sands oil into the U.S. market via a route extending through Montana, South Dakota and Nebraska. Among many challenges for Keystone XL was acquiring new rights-of-way easements. Though the Bridger Pipeline Expansion proposal requires some new rights-of-way, that’s not the case for the 210-mile Wyoming segment, according to Salvin.“All of that distance is within, or parallel to, existing pipeline corridors,” Salvin said.
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The Wyoming segment would pass through Crook, Weston, Niobrara, Goshen and Platte counties.Bridger Pipeline, a subsidiary of Casper-based True Companies, submitted a notice of intent to the Montana Department of Environmental Quality in January and noted it will formally initiate environmental applications to the agency. Salvin told WyoFile he’s uncertain about the full spectrum of regulatory requirements in Wyoming.However, the company regards the Cowboy State as a great fit for the project, he said. “This [project proposal] just highlights how important the region is and how Wyoming is a very good place for energy projects like this.”Reached for comment, the Petroleum Association of Wyoming said the proposed pipeline only stands to benefit Wyoming producers and the state.“Investments like these, along with continued growth in areas like the Powder River Basin, show Wyoming will continue to play an important role in the nation’s energy markets,” PAW Vice President and Director of Communications Ryan McConnaughey told WyoFile. “Connecting in Guernsey allows product to be transported to refining hubs like Cushing, Oklahoma.” WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.
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Text messages about marriage, money and a “fresh start” took center stage in the murder trial of Utah author Kouri Richins, as prosecutors laid out what they say was her plan to move on from her husband and profit from his death.
Richins, 35, is charged with aggravated murder, attempted aggravated murder and multiple financial crimes in the March 3, 2022, death of her husband, Eric Richins. Prosecutors allege she poisoned him with a fentanyl-laced Moscow mule so she could collect life insurance money and begin a new life with her boyfriend. She has pleaded not guilty.
During opening statements, Summit County Deputy Attorney Brad Bloodworth read aloud a series of text messages he said were exchanged between Richins and a man identified in court as her boyfriend.
In one message sent the day before Eric’s death, Richins allegedly wrote: “If I was divorced right now and asked you to marry me tomorrow, you would?”
Internet searches recovered from the phone of Kouri Richins, a Utah mother accused of fatally poisoning her husband, are displayed on a screen during her murder trial at the Summit County Courthouse in Park City, Utah, Monday, Feb. 23, 2026. (Spenser Heaps/AP Photo, Pool)
Weeks earlier, prosecutors said she sent another message: “If he could just go away, and you could just be there, life would be so perfect.”
Jurors also heard that 16 days after Eric’s death, Richins allegedly sent her boyfriend a link to a Caribbean resort and wrote, “Are we there yet?” About a month after the death, prosecutors said she texted him, “I think I want you to be my husband one day.”
Bloodworth argued the messages reveal Richins’ desire to start over and pointed to what he described as mounting financial pressure.
According to prosecutors, Richins was facing substantial debt and believed she would inherit millions from Eric’s estate if he died. Bloodworth told jurors a prenuptial agreement would have limited what she received in the event of a divorce.
CHILDREN’S BOOK AUTHOR KOURI RICHINS SAYS SCANDAL AND NOTORIETY POISONED HER MURDER TRIAL
Body camera video is displayed on a screen during the murder trial of Kouri Richins at the Summit County Courthouse, in Park City, Utah, Monday, Feb. 23, 2026. (Spenser Heaps/AP Photo, Pool)
“Kouri Richins murdered Eric for his money and to get a fresh start at life,” Bloodworth said in court.
Prosecutors also highlighted phone activity from the early morning hours of March 4, 2022.
Bloodworth told jurors Richins first accessed her phone at 3:06 a.m. but did not call 911 until 3:21 a.m.
The state further referenced internet searches conducted after Eric’s death, including: “Can cops uncover deleted messages iPhone?”
Jurors were also told that three money-themed memes — including one that read “I’m rich!” — were accessed on Richins’ phone the morning Eric died.
Prosecutors allege the killing was tied to life insurance proceeds.
HOUSEKEEPER EXPECTED TO PLAY KEY ROLE IN TRIAL OF WIFE ACCUSED OF HUSBAND’S MURDER IN WEALTHY SKI TOWN
Defense attorney Kathy Nester shows the jury an image of a pill bottle while delivering her opening statement in Kouri Richins’ murder trial, Monday, Feb. 23, 2026. (Spenser Heaps/AP Photo, Pool)
Court documents state Richins purchased multiple life insurance policies totaling nearly $2 million and later changed the beneficiary designation to herself without Eric Richins’ authorization. Authorities say Eric discovered the change and switched the beneficiary back to his business partner.
Investigators also allege Richins intended to use insurance money to complete and flip a roughly $2 million Wasatch County mansion, an investment Eric’s family has said he did not approve of.
Defense attorney Kathryn Nester told jurors Eric struggled with chronic pain and substance use and died from an accidental overdose. In pretrial filings, Richins’ legal team has argued that a key prosecution witness changed their story and that the evidence against her is largely circumstantial.
“No family ever wants to believe that behind closed doors someone you loved is using drugs,” Nester said during opening statements.
The defense played Richins’ 911 call in court, in which she can be heard crying and telling a dispatcher her husband was not breathing.
“Those are the sounds of a wife becoming a widow,” Nester told jurors.
The third day of testimony ended unexpectedly after roughly an hour on the stand from the state’s lead crime scene technician.
Kouri Richins looks on during her murder trial at the Summit County Courthouse, Monday, Feb. 23, 2026. (Spenser Heaps/AP Photo, Pool)
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Chelsea Gipson, the CSI technician who processed the Richins home, faced cross-examination focused on the evidence she collected, including prescription medications removed from the scene and whether she observed alcohol or THC gummies inside the residence. Gipson acknowledged the hydrocodone bottle recovered from the home was not tested for fentanyl and testified that no drug paraphernalia was found.
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Defense attorneys also questioned how certain areas were documented, noting that no photographs were taken of the kitchen, sink or closet during the initial processing of the scene.
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Kathy Nester walks back to her seat during the trial at the Summit County Courthouse, Monday, Feb. 23, 2026. (Spenser Heaps/AP Photo, Pool)
Judge Richard Mrazik called a recess around 9:30 a.m., citing a scheduling conflict. When court resumed shortly after 10:30 a.m., he dismissed jurors for the day, referencing “unforeseen emergency circumstances unrelated to the case.”
On Thursday, Kouri Richins’ housekeeper testified that she bought pain pills for her after repeated requests in early 2022. Carmen Lauber said Richins asked in early February 2022 for pain meds for an “investor,” took the pills and deleted their texts, and later left $1,000 at her Midway home for Lauber to pick up for another purchase.
Lauber also said she helped Kouri Richins obtain increasingly stronger drugs. She said she first sought out strong painkillers through a friend after Kouri Richins allegedly said her “investor” wanted something stronger, calling it the “Michael Jackson stuff.”
Lauber’s testimony followed a state toxicologist’s testimony acknowledging that Eric Richins could have taken fentanyl before having a drink, potentially undercutting prosecutors’ claim that Kouri Richins laced his Moscow mule.
Richins was arrested in May 2023. The case later drew national attention after she published a children’s book about grief following her husband’s death.
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The trial is expected to continue for several more weeks.
The Associated Press contributed to this report.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.
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