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David Dana: Illinois, other states should use Supreme Court’s own logic to fight climate change aggressively

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David Dana: Illinois, other states should use Supreme Court’s own logic to fight climate change aggressively


In its West Virginia v. EPA ruling, the U.S. Supreme Courtroom declared that the Environmental Safety Company lacked the authority underneath the Clear Air Act to sort out greenhouse gasoline emissions within the electrical energy sector as a result of Congress failed to offer it this authority with clear, particular directives. Many individuals noticed the ruling as a win for the fossil gasoline trade, which considers such regulation burdensome.

However the “main questions” doctrine that the opinion rests on may probably be flipped on its head and utilized by states to struggle local weather change extra aggressively. By the court docket majority’s similar logic, if Congress hasn’t explicitly prohibited states from taking particular local weather actions in federal laws, such “main questions” could be left to the states to determine — and the court docket wouldn’t be capable to stand in the way in which with out flip-flopping by itself West Virginia ruling.

The foremost questions doctrine is a brand new authorized framework that might permit federal courts to invalidate virtually any formidable federal regulation as a result of federal statutes virtually by no means present excessive specificity of authorization and detailed path to regulatory companies. This implies federal courts may trot out the foremost questions doctrine to derail a regulatory company’s efforts in virtually any case the place they discover federal regulation distasteful.

State courts and state regulation had been already necessary within the struggle towards local weather change given the political stalemates in Congress and the chance {that a} strongly anti-regulatory president can be elected in 2024. Simply final 12 months, Illinois strengthened its management with the passage of the formidable Local weather and Equitable Jobs Act.

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And even the place state legislatures and companies have failed, state courts, on their very own, can act by utilizing the tort doctrine of “public nuisance” to attempt to drive firms and others endangering the general public to cease or a minimum of pay for the harms to society. Certainly, such public nuisance fits are presently addressing the opioid epidemic, which is partially the product of each federal and state regulatory failure.

Dozens of localities — and to this point, the states of Minnesota and Rhode Island — have introduced public nuisance fits towards power firms, searching for restoration of the prices of local weather change. No such swimsuit has but been introduced in Illinois, however Illinois, too, faces enormous prices in adapting to local weather change.

Although it dealt a blow to federal motion on local weather, West Virginia v. EPA might have empowered states to handle urgent social issues like local weather and the opioid epidemic. The essential argument of the West Virginia v. EPA majority is that if Congress desires to permit an company to do one thing “main,” it ought to be specific about that and about how the duty ought to be undertaken.

By the identical reasoning, if Congress wished to preempt a state legislature or state court docket from doing one thing main, one would count on that Congress would say so explicitly. If the Supreme Courtroom is fair-minded and constant (admittedly, an actual “if”), then its embrace of the foremost questions doctrine ought to lead it to reject claims that Congress implicitly preempted state regulation.

This is a crucial perception as a result of state courts and state regulation — a minimum of in blue or purple states — have been and can proceed to be underneath assault by the identical fossil gasoline and anti-regulatory teams that invented the foremost questions doctrine and efficiently pitched it to the Supreme Courtroom’s conservative majority. Illinois’ subsidization of zero-emissions power manufacturing was the topic of an implied preemption problem in 2017. The state’s new regime of subsidies for zero-emission power within the Local weather and Equitable Jobs Act virtually definitely will even be challenged.

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Fossil gasoline trade and anti-regulatory teams will proceed to argue that Congress has impliedly preempted state statutes, laws and public nuisance fits involving such points as local weather and the opioid epidemic, on the speculation that such points are actually federal in scope and demand federal options.

West Virginia v. EPA highlights the necessity to pay even nearer consideration to state laws, state regulation and state public nuisance actions as a backup to — and typically the one doable substitute for — federal regulation.

States that care about combating local weather change ought to seize upon the court docket’s ruling in West Virginia as a brand new instrument to argue that they’ve the authority to take motion when there isn’t any efficient federal regulation.

David Dana is the Kirkland & Ellis Professor of Regulation on the Northwestern Pritzker College of Regulation. He’s a number one environmental regulation professional and the director of Northwestern Pritzker’s Program on Sustainability and Meals and Animal Regulation.

Submit a letter, of not more than 400 phrases, to the editor right here or e mail letters@chicagotribune.com.

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Illinois

Here’s how much snow Springfield got — and when it’ll melt

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Here’s how much snow Springfield got — and when it’ll melt


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A blanket of snow covered Springfield late Thursday and early Friday, closing Springfield schools and some offices for a snow day.

Morning traffic appeared to be moving slowly but steadily. Cameras covering major roads in the city showed snow and slush remaining on many city roads but no major slowdowns.

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How much snow did Springfield get?

As of 10 a.m., Springfield had seen around 6 to 6.5 inches of snow, according to Angelica Soria, a meteorologist with the National Weather Service’s Springfield office. Southwest Missouri in general got slightly less snow, with reports of 5 to 6 inches.

About another inch of snow was possible in Springfield, according to the National Weather Service, but new accumulation was expected to taper off by noon.

When will the snow melt?

The snow likely won’t stick around long, with a high of 40 expected Saturday. Temperatures are forecast to drop below freezing again Monday before returning to daytime highs in the high-30s and 40s later next week.

While the weather is predicted to warm up this weekend, folks should take care driving when the sun goes down, even if all the snow melts.

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“(The snow) will probably start melting during the day tomorrow, but we are worried about the re-freezing on the road, because it will probably get kind of slushy as the plows keep going around trying to get it off the road,” Soria said. “We definitely want to urge people to be careful while traveling … when the sun goes down, it’s harder to see black ice, things like that.”



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Waukegan, Illinois city workers suffer electric shock from power lines

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Waukegan, Illinois city workers suffer electric shock from power lines


Two Waukegan, Illinois city workers suffer electric shock

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Two Waukegan, Illinois city workers suffer electric shock

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WAUKEGAN, Ill. (CBS) — Two city workers from Waukegan were rushed to the hospital Thursday morning after they were shocked by power lines.

Firefighters said the workers were trimming trees at Pershing Road and Greenwood Avenue near the Waukegan Generating Station, a now-shuttered coal-fired power plant.

The workers’ crane touched a power line, which energized the truck and gave the workers an electric shock.

A helicopter took one man to the hospital with electrical burns. The other was taken away by ambulance.

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Illinois’ important trio that stepped up big time in KJ’s absence

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Illinois’ important trio that stepped up big time in KJ’s absence


A surprise late scratch of a potential top five NBA draft pick like the one of Kasparas Jakucionis prior to Wednesday’s game very well could’ve thrown a wrench in the Illini’s recent momentum.

Or, at the very least, it probably should’ve looked like it had some effect. A 39-point drubbing? A 34-4 first half run? Alright, I guess nothing can slow down this Illini train right now.

Illinois didn’t skip a beat in its second emphatic victory in three games — and a big reason for that was the trio of guys it had step up to pick up the slack for its missing leader.

As read on TCR last night, the Illini made more history on Wednesday. Ben Humrichous, Tre White and Morez Johnson all reached 20 or more points, marking just the third time since the 1938-1939 season that Illinois had three 20-point scorers in the same game.

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The individual performances of those three were particularly notable because all three of Humrichous, White and Johnson put up their respective big nights in entirely different ways. And all three used Jakucionis’s absence to send a message about how far they’ve already come just a quarter of the way into conference play.

For Morez Johnson, Wednesday’s 20-point, 11-rebound double-double encapsulated everything he brings to the floor the second he steps on it. It was efficient — done in just 20 minutes — and was the result of his constant energy and activity that found himself around the basket on what felt like every possession.

Johnson’s been perhaps the most consistently impactful producer in the Illini rotation all season. His per-40-minute numbers are absurd — try 14.6 points, 17.7 rebounds and 3.3 blocks. His total rebound rate would rank in the top five nationally if he had the minutes to qualify. He just hasn’t gotten the opportunity to stuff the stat sheet as loudly as he did Wednesday. A well-deserved and long overdue breakout night.

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Photo by Michael Hickey/Getty Images

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Ben Humrichous’s explosive first half was the flashiest performance of the night, showcasing the ability to catch fire from deep that has always been there for him despite his December struggles. Humrichous nailed five first half threes and was a big reason the Illini’s lead ballooned in the midst of their dominating scoring run.

The most encouraging sign for Humrichous, though, is the way he’s beginning to diversify his game. Through December, Humrichous had attempted just 12 two-point attempts on the season, pretty much exclusively acting as a spot-up shooter on the perimeter. In just three games in January, Humrichous already has 14 attempts from two.

He flashed the ability to take advantage of mismatches with his size in some Marcus Domask-like mid post isos. He’s also gotten noticeably more aggressive attacking closeouts and finishing with force at the rim when the opportunity presents itself. Pair those things with a season-high 9 rebounds on Wednesday and you’ve finally got the version of Humrichous that makes Illinois its most dangerous self.

And quietly in the midst of everything else came another extremely productive Tre White performance. White reached 20 points and 7 rebounds in a similar manner to most of his recent production — doing a little bit of everything and doing it in a very efficient, inconspicuous manner.

Over the last 7 games, White is now averaging 16.1 points and 6.2 rebounds per game on remarkable 63.3% efficiency from the floor. He’s turned himself into a consistent second scoring option alongside Jakucionis when he’s out there while making the types of winning plays that result from competing to win, as Brad Underwood detailed Tuesday.

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White has made significant strides in almost every area, from scoring off the dribble to rebounding to the defensive end, and it’s taken Illinois to an entirely different level. Wednesday’s performance showed once again how dangerous he can be when he’s attacking and playing with high energy.

As a whole, the Illini certainly hope they’re without their star player for long. But their response without him — particularly from the Johnson, Humrichous and White trio that will continue to be vital to their success — was a welcome sight.

Illinois proved they have the depth to survive a man down while also showing what things can look like when its complementary pieces are at their best. Right now, it’s hard to imagine anything slowing down the roll these Illini are on.



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