Maine
Rooks: A shadow over Maine Legislature’s gun debate
There’s no question the Maine Legislature will begin the 2024 session in a tough place.
The majority in both chambers have longstanding disagreements with their fellow Democrat, Gov. Janet Mills, over a number of issues, including firearms safety.
The Lewiston massacre on Oct. 25 demands a state response, but what that response should be is uncertain, and will be further shaped by what can actually become law. To their credit, both Mills and legislative leaders have proceeded cautiously.
One point they should be able to agree on is that the U.S. Supreme Court’s confusing edicts about firearms shouldn’t influence the laws they write.
Only in the grievous Dobbs decision on abortion has the court acted so rashly and so out of keeping with the history and traditions of the Constitution, and the common law.
Clarence Thomas’s majority opinion in the 2022 Bruen decision hasn’t elicited the same outrage as Samuel Alito’s historical misstatements in Dobbs, yet it’s equally unfortunate.
Thomas’s poor grasp of precedent and tradition is captured in Bruen’s most noteworthy assertion: “Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’”
This “unqualified command” exists only in Thomas’s mind, not in any convincing reading of the Constitution.
For more than 200 years, federal courts understood the Second Amendment to buttress the common defense – not individual ownership of firearms. That changed with the late Justice Antonin Scalia’s opinion in the Heller case in 2008 striking down the District of Columbia’s handgun ban.
Banning guns of any sort has become contested in a way it never was until the 21st century.
Gun ownership was once defended in connection with hunting — certainly the case in Maine — and not primarily owning a gun for “protection.”
Yet the connection with guns and “feeling safe” has been pursued with such extraordinary avidity it’s been seriously proposed, and even legislated in some states, that the “solution” to elementary school students being massacred is to arm and train their teachers.
So with an increasing conservative tilt, the court reached the point in 2008 where Scalia — more respected than Thomas or Alito — decided a comprehensive, not especially effective handgun ban in the nation’s capital had to go.
To do so he could not call on precedent. So he made up a new constitutional principle by ignoring the Second Amendment’s militia clause and focusing solely on “keep and bear arms.”
At the time, it didn’t seem monumental. Few states or cities tried to ban handguns.
Then came Bruen, and, constitutionally, all hell has broken loose. Federal appeals courts have struck down all manner of firearms laws in response.
It turns out the “nation’s historical traditions,” as twisted by the conservative majority, isn’t a helpful guide.
Recognizing the chaos, the Supreme Court itself seems ready to limit the damage. In the Rahimi case currently before the court, oral arguments showed a majority, perhaps even a unanimous court, inclined to uphold laws removing firearms following domestic violence offenses.
How the court proceeds afterward is unknowable. Unlike the D.C. handgun ban, New York state’s concealed weapons permit system struck down in Bruen was similar to laws in most states — including Maine at one time.
Maine’s permit system was repealed in 2015 when Democrats, who’d pushed for a uniform system run by State Police, abandoned the effort and agreed to scuttle the entire law.
The only real advice one can offer Maine leaders, of both parties and all three branches of government — a former chief justice is leading the Lewiston investigation — is to do what’s right for Maine, without worrying about what might happen in court.
We’ve traveled a long way from when federal legislation limited access to firearms, as in 1968 after the assassinations of a president, his brother, and the 20th century’s greatest civil rights leader.
Much of that journey has been in the wrong direction.
Changing course won’t happen through any single action, or any position taken by an elected leader, though the declaration of conscience by Congressman Jared Golden could help point the way.
Lyndon Johnson, whose great legacy in domestic legislation was forever tarnished by the Vietnam War, isn’t the first Democrat who comes to mind when the word “statesman” is mentioned.
Yet Johnson had one undeniable insight that could serve Maine well.
In his earlier days as Senate leader, cooperating extensively with Republican President Dwight Eisenhower, Johnson often led with a verse from Isaiah: “Come, let us reason together.”
Responding to the Lewiston tragedies will be the work of years, but reasoning together is an excellent place to start.
Douglas Rooks has been a Maine editor, columnist and reporter since 1984. His new book, “Calm Command: U.S. Chief Justice Melville Fuller in His Times, 1888-1910,” is available in bookstores and from Maine Authors Publishing. He welcomes comment at drooks@tds.net
Maine
Key takeaways from Maine’s new climate action plan
The Maine Climate Council is scheduled to release the state’s new climate action plan on Thursday, delivering an ambitious blueprint for how policymakers can accelerate the state’s transition to a clean energy economy and prepare for the impacts of climate change.
The plan, approved by the council at its October meeting, builds on the state’s original 2020 plan, Maine Won’t Wait. But the updated version focuses more than its predecessor on adaptations to the changing climate, building and industrial energy efficiency, and ensuring that all Mainers benefit from the climate actions outlined in the plan.
The plan doesn’t include many specific cost estimates, but notes that the cost of doing nothing would be much higher. It cites the $90 million in public infrastructure damage caused by last winter’s back-to-back storms, the kind of extreme weather events projected to become more frequent and ferocious due to climate change.
The report identifies potential sources of funding to implement its recommendations, including the state budget, federal grants from the Inflation Reduction Act, private investment in clean energy projects, green bonds to finance climate-related projects and even implementation of a carbon pricing mechanism.
The plan now heads to Gov. Janet Mills, who appointed the first Maine Climate Council and will be on hand Thursday for the report’s release, and the Legislature, which is likely to consider some of these proposals in the upcoming legislative session.
Here are the major takeaways of Maine Won’t Wait 2.0.
• Maine’s ambitious emission reduction goals are reaffirmed.
The updated plan lays out how the state can help prevent the Earth from overheating by sticking to its original greenhouse gas goals: cut carbon emissions by 45% from 1990 levels by 2030 and by 80% by 2050, and achieve carbon neutrality by 2045.
• The plan prioritizes the rapid expansion of renewable energy sources, such as solar, wind, and hydropower, with an aim to reduce the state’s reliance on burning fossil fuels that create heat-trapping greenhouse gases.
It also maintains the state’s previous goal to generate 80% electricity from renewable sources by 2030. Maine is at 55% now.
• Maine will continue to promote the widespread adoption of electric vehicles, including cars, trucks and buses, to reduce transportation-related emissions. But the shift to electrified transportation would occur at a slower pace than laid out in the first climate action plan.
The state’s new goal calls for 150,000 light-duty EVs and 3,000 heavy-duty EVs on the roads by 2030. The 2020 plan called for 219,000 light-duty and 5,000 heavy-duty EVs, but the state has fallen short of those goals. Maine currently has 17,492 electric vehicles.
To reduce “range anxiety” – the concern that there is not enough charging capacity to support longe trips – the plan calls for creating 700 publicly funded fast-charging EV ports by 2028. Maine now has 273.
• The new plan emphasizes efficiency measures in buildings and industries to cut energy consumption. It encourages clean heating and cooling methods, such as a heat pump system, and adoption of new building codes and efficiency standards.
New goals include reducing commercial building energy demand by 10% by 2030, improving industrial process efficiency by 1% a year by 2030 and weatherizing 35,000 homes by 2030. Maine has weatherized 11,472 to date.
• While calling for measures to slow climate change, the plan also emphasizes the need to prepare for the inevitable impacts, including sea-level rise, extreme weather events, and coastal erosion, and the need to protect critical infrastructure, natural resources and communities.
It includes strategies to protect Maine’s coastal communities and the working waterfront from sea-level rise and storm surges, such as elevating infrastructure, restoring coastal ecosystems, the use of incentives and fast-track permits, and new flood control measures.
• The plan promotes carbon sequestration as part of the solution by recognizing the key role of Maine forests, wetlands and eel grass beds in trapping carbon and keeping the greenhouse gas out of the atmosphere. It promotes the purchase, protection and restoration of such carbon sinks.
• Equity and social justice will be factored into the state’s responses to climate change. The plan emphasizes the importance of ensuring that the benefits of climate action are shared across all communities in Maine and addresses the disproportionate impact of climate change on marginalized communities.
The plan includes a number of goals to achieve by 2030, including 40,000 heat pumps installed in low-income households, 10,000 low- to middle-income homes weatherized and the creation of 1,500 energy-efficient affordable housing units. It also calls for EV rebates, rooftop solar installations or community solar projects and resilience grants to be directed to less affluent households and communities.
• The plan identifies opportunities to create green jobs to spark economic growth through investments in clean energy, energy efficiency and climate resilience.
It sets a new goal to create 30,000 clean energy jobs by 2030. Maine has 15,557 now.
• More forests, wetlands and working farms would be protected from development to offset the state’s carbon emissions, provide wildlife habitat and clean water, and help the tourism and natural resource industries. Maine has struggled to fund land acquisition at the rate sought by the council.
The plan maintains the 2020 goal to conserve 30% of Maine lands by 2030. A little more than 22.2% of lands in Maine are protected now. Maine now conserves about 50,000 acres a year, but would need to protect 250,000 more acres a year if it hopes to hit that goal.
Maine
Report says children's mental health, education and labor force growth will impact Maine's economy
In it’s annual report released Wednesday, the Maine Economic Growth Council identified children’s mental health, education and labor force growth as several challenge areas facing Maine’s economy. The council said high housing and energy costs are also concerns.
The annual Measures of Growth report identifies where the Maine economy is improving and where there is still more work to do compared to other states across the country.
Yellow Light Breen, President of the Maine Development Foundation, a public-private organization focused on improving Maine’s economy, said the drop in elementary and middle school students test scores are most concerning to him.
“If we really want to have well educated 20-year-olds, 30-year-olds and 40-year-olds in the Maine of the future, we have to do right by them in preschool and in early elementary,” Breen said.
According to the report, the state is doing well in the areas of internet connectivity, improved roadways and limited increases in greenhouse gas emissions and forestland removal.
Maine
Tom's of Maine toothpaste tainted with bacteria, says U.S. Food and Drug Administration | CBC News
A recent inspection of a Tom’s of Maine facility found that the company’s toothpaste was made using bacteria-tained water, among other serious health violations, according to the U.S. Food and Drug Administration.
In a warning letter to CEO Noel Wallace, the FDA said the inspection uncovered disease-causing bacteria in water used to make Tom’s Simply White Clean Mint Paste. The water was sampled between June 2021 to Oct. 2022.
The company uncovered a different bacteria in its Wicked Cool! Anticavity Toothpaste, and justified the bacteria as “sample contamination” without sufficient evidence, the FDA said.
An agency investigator also found a mould-like substance near a water storage tank at the company’s facility in Sanford, Maine, and a powdery residue on a surface near a station where Tom’s Silly Strawberry Anticavity was being made.
The FDA letter said that the facility’s water system is inadequate and that the company needs a better complaints system to address consumer concerns.
“For example, approximately 400 complaints related to [odour], [colour], and taste in your toothpaste products, including those for children, were not investigated,” the letter read.
“These complaints are not investigated because your procedure requires an investigation only if a trend is identified.”
The agency added that the violations outlined in the letter were not intended as an exhaustive list, and that it’s the company’s responsibility to identify the cause of violations and prevent them from recurring.
Tom’s of Maine is a natural personal care brand owned by household products giant Colgate-Palmolive. CBC News reached out to the company for a statement.
“We’re working with the FDA and are remedying the issues raised in their May inspection of the Tom’s toothpaste manufacturing plant in Sanford, Maine,” a spokesperson said.
“We have always tested finished goods before they leave our control, and we remain fully confident in the safety and quality of the toothpaste we make.”
CBC News also reached out to several retailers to ask if they carry any of the products mentioned in the letter.
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