Utah
Legislature may hold special session to override Utah Supreme Court ruling on citizen initiatives
SALT LAKE CITY — Republican leaders in the Utah State Legislature are considering a special session to override a Utah Supreme Court ruling on citizen ballot initiatives.
On Monday, lawmakers were still weighing whether to advance a proposed constitutional amendment undoing the ruling by the state’s top court. A unanimous court ruled earlier this summer that the legislature overstepped its bounds when it overrode a citizen ballot initiative.
A number of groups including the Utah Republican Party, the Sutherland Institute, Pro-Life Utah and top conservatives including GOP attorney general candidate Derek Brown, legislative candidate Nicholeen Peck and Utah Eagle Forum President Gayle Ruzicka, have been pushing legislative leaders to call a special session to advance a constitutional amendment undoing the Court’s decision.
In a letter sent by the Utah Republican Party, many of the groups warn that “Utah now faces the risk of becoming like California, where large sums of outside money influence laws that do not reflect the values of our citizens and undermine our cultural integrity.”
They argued the Court’s ruling leaves Utah vulnerable to the “whims of special interests and fleeting majorities.”
“If we do not act to mitigate the consequences of this decision, Utah’s strong community and quality of life will be severely jeopardized, impacting our future and generations to come,” the letter said. “Given these exigent circumstances, we believe it is imperative that the legislature be immediately called into special session to propose a constitutional amendment. This amendment should safeguard our laws from being unduly influenced by outside groups while simultaneously respecting the role of properly balanced grassroots-led initiatives and strengthening the people’s right to veto laws through a referendum process.”
If it is advanced in a special session and passes the Republican supermajority in the Utah State Legislature? Voters would decide the issue on the November ballot.
In July, the Utah Supreme Court reversed a lower court’s decision to strike a central part of a lawsuit filed by the League of Women Voters of Utah, Mormon Women for Ethical Government and a group of plaintiffs. They sued, challenging the legislature’s decision to override Proposition 4, which created an independent redistricting commission for political boundaries. Lawmakers passed their own maps, which the plaintiffs argue constitutes illegal gerrymandering in favor of Republicans.
“We hold that the people’s right to alter or reform the government through an initiative is constitutionally protected from government infringement, including legislative amendment, repeal or replacement of the initiative in a manner that impairs the reform enacted by the people,” Justice Paige Petersen wrote in the Court’s unanimous opinion. “Thus, an alleged violation of the people’s exercise of these rights presents a legally cognizable claim on which relief may be granted.”
At the time, House Speaker Mike Schultz, R-Hooper, and Senate President J. Stuart Adams, R-Layton, blasted the ruling as “one of the worst outcomes we’ve ever seen from the Utah Supreme Court.”
“Rather than reaching the self-evident answer, today the Court punted and made a new law about the initiative power, creating chaos and striking at the very heart of our republic,” they said, expressing concern about what could happen with future citizen initiatives.
On Monday morning, President Adams said it was still under discussion.
“I appreciate Utahns and stakeholders engaging and expressing their concerns on this important issue. There has been significant discussion about a special session, and we are carefully considering their requests,” he said in a statement.
Katharine Biele, the president of the League of Women Voters of Utah, told FOX 13 News she wished the Utah State Legislature would leave the Court’s ruling alone.
“We couldn’t be more disappointed in our Utah politicians,” she said. “They claim they are a representative government, we believe that. We believe in representation. They need to start representing the people.”
Katie Wright, the executive director of Better Boundaries, which sponsored Prop. 4, told FOX 13 News that if lawmakers were to advance a constitutional amendment, a number of groups were lining up to campaign against it.
“Once the people heard what was planned? There is outrage. People feel like, ‘Wait. There was a decision. It came from the Utah Supreme Court and now the legislature is trying to override that?’” she said. “It’s overreach. People are uncomfortable with it. We all know that our branches of government are supposed to have balances and checks and balances and this really throws that to the wayside.”
Read the letter from the conservative groups to the Utah State Legislature here:
Utah
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(Bethany Baker | The Salt Lake Tribune) A Delta airplane travels down the runway at Salt Lake City International Airport in Salt Lake City last March. Passengers on a Delta flight last July are suing the airline over injuries suffered because of violent turbulence.
SALT LAKE CITY — The Environmental Protection Agency awarded Utah and Salt Lake County a total of $3.5 million in grants to assess potentially polluted properties for eventual cleanup and redevelopment.
The agency announced a $2 million grant to Utah’s Department of Environmental Quality and $1.5 million to Salt Lake County to conduct environmental assessments and inventory brownfield sites for cleanup. Brownfields are sites that may be difficult to redevelop or expand because of “the presence or potential presence of a hazardous substance, pollutant or contaminant,” according to the agency.
“These brownfields grants will help Utah communities clean up contaminated sites and unlock opportunities for redevelopment and investment,” EPA Regional Administrator Cyrus Western said in a news release announcing the grants earlier this week. “By transforming underused properties into community assets, EPA is helping create healthier neighborhoods and stronger local economies.”
The two grants awarded to Utah and Salt Lake County are among more than $248 million awarded to nearly 200 communities nationwide for brownfield assessment and cleanup. Utah’s Department of Environmental Quality plans to focus the resources on several areas in Ogden, Heber City and Fillmore, among others, according to Bill Rees, who leads Utah’s brownfield cleanup program.
“What we do is work to secure the funding and then begin to reach out to our communities across the state, say, ‘Listen, there’s opportunity to do some assessment work in your community if you’re interested,’ and then work with our rural partners, work with our urban partners to see if there are sites that will fit that bill,” he told KSL.
The state has received similar grants in the past, and Rees said the money can help local governments determine what to do with ailing properties such as old schools, hospitals or private property that have gone to waste.
“Is there asbestos in it, or is there hazardous material in it? Or could there be something that’s impacting the soil or the groundwater, and a policymaker needs to make a decision?” asked Rees. “Knowledge allows you to make good decisions.”
The $1.5 million awarded to Salt Lake County is the largest brownfields assessment grant the county has ever received, according to a county press release.
“This grant is a real win for our communities,” said Mayor Jenny Wilson. “This funding will let us do vital environmental work on a larger scale and in more neighborhoods. It reflects exactly the kind of partnership between local and federal government that gets results for residents.”
The county grant funds will be used to help create cleanup plans in three areas, including a vehicle storage yard in Salt Lake City’s Ballpark Neighborhood, a 4.26-acre vacant lot in Millcreek and a small commercial building in Magna that was damaged during an earthquake in March 2020, according to the EPA.
Contributing: Don Brinkherhoff
The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.
The National Weather Service in Salt Lake City issued red flag warning Friday morning as emergency workers continued to battle one of the state’s largest wildfires in its history.
The red flag warning, issued when critical fire warnings are occurring or imminent, was to be in place through midnight Saturday.
“This is the FIRST Particularly Dangerous Situation Red Flag Warning issued in NWS Salt Lake City history. This is an exceptionally rare event,” the federal agency said in its warning.
A map of the area under the warning covered much of central and southwest Utah, with an area of the southwest, central and southern mountains also outlined as “particularly dangerous red flag.”
The particularly dangerous area includes the Cottonwood Fire, near the town of Beaver, which started Monday and had grown to covering almost nearly 71,000 acres by Thursday, 15 News reported. The fire forced evacuations.
The NWS warned that gusty winds and dry conditions would lead to rapid fire growth.
Utah also was dealing with the Iron Fire, which started June 19, and nearly destroyed the town of Eureka. The fire was about 27% contained Friday morning.
The fire danger led Utah Gov. Spencer Cox to issue executive order restricting fireworks statewide during the July 4 holiday, which marks the nation’s 250th birthday this year. The ban is in effect through July 5.
“Nothing about this decision was easy,” Cox said in a statement issued by his office Thursday.
“This is unlike anything we’ve seen in recent memory. We’re seeing fires spread farther and faster under conditions that defy historical expectations” Jamie Barnes, Utah state forester and director of the Utah Division of Forestry, Fire and State Lands, added in the statement.
Cox allowed cities and local communities to set aside areas where fireworks could be safely used. The city of Provo announced it would enforce a citywide prohibition on fireworks and would not designate a safe area for fireworks.
“This year is different,” Provo Mayor Marsha Judkins said in a statement. “The wildfire danger facing our community is real, and protecting lives, homes, and our natural spaces must come first.”
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