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Trump stopped federal funding to Maine over transgender athletes. Could California follow?

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Trump stopped federal funding to Maine over transgender athletes. Could California follow?


President Trump was welcoming governors to the White House in February when he sought out Maine Gov. Janet Mills, demanding to know whether she would comply with his ban on transgender athletes in women’s sports.

“I’m complying with state and federal laws,” Mills replied.

Trump responded, “We are the federal law” He added: “You’d better comply. … Otherwise, you’re not getting any federal funding.”

Mills’ parting shot to Trump: “We’ll see you in court.”

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Trump made good on his threat and began the process this month to strip Maine of federal education dollars because that state allows transgender students to compete on women’s teams. The dispute immediately landed in court — a fight that represents a high-stakes case study for California, which also has statutes permitting transgender athletes in women’s sports.

California education code “ensures equal rights and opportunities for every student” and “prohibits discrimination on the basis of gender identity, gender expression and sexual orientation.

Maine is defending the primacy of local control as well as its state law — which is grounded in pro-LGBTQ+ policy. Trump, meanwhile, is opposing Maine on conservative ideological grounds using federal funding as the cudgel to prevail. Some see Maine as a precursor to what California can expect: a Trump administration attempt to halt federal education funding.

“It seems likely that the Trump administration will proceed with lawsuits against California and other states that have policies similar to those that the administration is challenging in Maine,” said Jacob Huebert, president of Liberty Justice Center, a law firm that broadly supports Trump’s agenda. “The administration’s demands are appropriate, so California should comply with them.”

Unlike the governor of Maine, California Gov. Gavin Newsom recently said it was “deeply unfair” for trans students to compete in women’s sports, but he has not acted to change California law, which he previously has supported.

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Read more: Newsom says sharing his beliefs on trans athletes wasn’t ‘some grand design’

Trump’s U.S. Department of Education has opened an investigation into the California Interscholastic Federation, which oversees sports at more than 1,500 high schools, explicitly threatening California funding, but has not yet moved to cut off those dollars.

California officials declined to comment about the ongoing investigation.

Although federal funding for California education is challenging to calculate and arrives through multiple channels, some tallies put the figure at $16.3 billion per year — including money for school meals, students with disabilities and early education Head Start programs. The Los Angeles Unified School District has estimated that it receives about $1.26 billion a year.

And, in the current moment, there are myriad ways for California to lose these dollars, based on Trump administration directives.

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One example is the California law that prohibits schools from automatically notifying families about student gender-identity issues and shields teachers from retaliation for supporting transgender student rights.

Federal officials contend the California law illegally violates the right of parents to receive school records related to their children and have launched an investigation into the California Department of Education for enforcing it. Trump favors requiring schools to notify parents about any matters involving gender identity and their child. The California law must be nullified, the administration says.

Read more: Trump targets California ban on ‘forced outing’ of students’ gender identity to parents

Then there is the Trump ban on diversity, equity and inclusion programs. Every state and U.S. territory is supposed to certify the elimination of DEI by Thursday — or risk losing federal funds and being assessed financial penalties. California is among 16 states refusing to do so.

Meanwhile, California colleges and universities also face the loss of billions in grant funding over DEI penalties and over whether the Trump administration concludes that enough has been done to combat alleged campus antisemitism.

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Maine is the first state to face full throttling of its the K-12 funds from the Trump administration.

This month, the U.S. Department of Education began an “administrative process” to cancel all education funding for Maine. The state’s K-12 schools have received about $358.4 million, or $2,062 per pupil annually, from the federal government, according to research from Education Data Initiative. The department also referred the Maine Department of Education to the U.S. Department of Justice for “further enforcement action.”

In addition, the U.S. Department of Agriculture, which oversees school food programs, immediately suspended a portion of its funding to the state. The withheld dollars, according to Maine, resulted in cutting off meals for young children who attend day-care programs, at-risk school-age children outside school hours and people in adult day-care programs, according to court documents. There has not yet been a cutoff of all school food aid, but Trump has said multiple times that he’s going to take back every federal dollar from the state.

Maine sued for relief based on the first wave of cuts, and a U.S. district judge granted a temporary restraining order, meaning that the funding is supposed to be restored until courts decide the case on its merits.

Read more: California defies Trump order to certify that all school districts have eliminated DEI

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The Trump administration recognizes only male and female in terms of who is entitled to join a sports team, in particular a women’s team. According to court filings, a qualified participant on a women’s team is defined as “a person belonging, at conception, to the sex that produces the large reproductive cell.” Males, by comparison, are the ones with the “small reproductive cell.”

Under the Trump administration, there is no discrimination protection based on gender identity and therefore transgender students have no right to be in sports or locker rooms provided for women. To allow transgender students in these spaces amounts to illegal sexual discrimination against women, according to the Trump administration.

The Trump administration contends Maine is violating federal antidiscrimination laws as well as protections implied by the U.S. Constitution.

Nationwide, more than half of states already had a ban on sports participation by transgender youths. However, the majority of transgender students live in states without such a ban, according to UCLA’s Williams Institute, a think tank that conducts research on sexual orientation and gender identity law and public policy.

Many jurisdictions without bans specifically permit students to participate in sports consistent with their gender identity, including California. New York State recently enacted a constitutional amendment prohibiting gender identity discrimination, which some have argued will protect transgender athletes from exclusion from women’s sports.

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Is Maine an easier target?

Some critics speculate that targeting Maine first on the issue is a better strategy.

“California is a much bigger state, and that makes a difference,” said Jesse Rothstein, professor of public policy and economics at UC Berkeley. “The administration is hoping that states like Maine will buckle, that they won’t be able to afford to go without the money for the duration of a lawsuit. Picking a fight with the state of California would be a big deal.”

And from a political standpoint, he added, California has congressional districts — represented by Republicans — that rely on federal funding.

“I think that that would create political problems for the administration that they don’t face in Maine,” Rothstein said.

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Nonetheless, under current court interpretation of federal law, Maine should prevail if the state can stick it out, said Rothstein and several other critics of the Trump administration.

“There’s no legal basis for withdrawing food-aid funds because you don’t like the policy around transgender students in sports,” Rothstein said.

Supporters of the Trump’s action assert his policy will win in court. They say it has been long established that states can lose federal funding if they violate a federal body of law called Title IX, which governs areas such as sexual discrimination, sexual harassment and sexual assault. Title IX protections apply to schools that receive federal funds, including athletic programs.

Using the leverage of funding to enforce antidiscrimination law “is the way Title IX works,” said Huebert, of Liberty Justice Center.

A state doesn’t have to accept federal funding, but if it does, federal rules must be followed, said Sarah Parshall Perry, vice president and legal fellow at Defending Education, which describes itself as committed to eliminating political ideologies in public education and which is broadly supportive of Trump’s education policy.

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“As a matter of regulatory, statutory and constitutional law, they’re on very solid footing,” Parshall Perry said. And politically, “it polls very, very well for Republicans.”

There is, however, disagreement among conservatives about whether Trump is overreaching — intruding into a matter that should be left to more local authority.

“First and foremost, the federal government should not be in the business of funding education, free meals, etc.,” said Neil McCluskey, director of Center for Educational Freedom at Cato Institute, a libertarian thinktank. However, “if the federal government is going to fund things like education and nutrition, it is better that that funding come with few strings attached, especially when it comes to clashes of values.”

For Maine — and perhaps for California — the legal counterattack will argue that the Trump administration is overreaching in two ways: asserting authority outside its jurisdiction and violating laws that govern the process for withdrawing funding.

These two defenses have come up repeatedly in a multitude of legal actions to date against the Trump administration. California has at least a dozen lawsuits in progress to block various Trump actions.

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Read more: California, other states sue Trump administration over clawback of COVID school funds

California can base some hope on a legal parallel that dates to Trump’s first term, when he went after federal funding for so-called sanctuary cities — which opposed Trump’s immigration policies. At that time, Trump’s effort failed in the courts, noted Graeme Boushey, director of Center for the Study of Democracy at UC Irvine.

In the current situation, “the legal argument for broadly coercing a state into doing what you want isn’t really different,” Boushey said. “What concerns some observers is that the thing that’s changed is the composition of the U.S. Supreme Court, tilting more in favor of the Trump administration.”

If the Trump administration does prevail in court against Maine, “they will almost certainly pursue California, moving forward,” Boushey said. “And then there’s going to be nothing to stop them from rinse, wash, repeat this again for immigration policy, environmental deregulation — you name it.”

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This story originally appeared in Los Angeles Times.



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Maine

There’s Something in the Air in South Portland, Maine – Inside Climate News

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There’s Something in the Air in South Portland, Maine – Inside Climate News


SOUTH PORTLAND—It’s one of Maine’s most desirable locations—home to a vibrant and diverse community, nearby beaches, and close proximity to Portland’s downtown. But for years, residents in South Portland have wondered: With 120 massive petroleum storage tanks dotting the shore and knitted into some neighborhoods here, is the air safe to breathe?

Now the first answers are in, thanks to a year of emissions monitoring along the fencelines of the city’s tank farms. At two of those locations, in particular, the results showed levels of benzene—a known carcinogen—well above the state’s limit.

“We’re about 300 feet from those tanks,” said Ted Reiner, whose home is surrounded by three of the city’s tank farms. It’s where he and his wife raised their two daughters, now 38 and 28. Around Christmas, Reiner had surgery for bladder cancer. Now he’s undergoing immunotherapy, and he can’t help but wonder whether his environment is contributing to his health woes.

“You just don’t know what the cumulative effect is,” he said. “I think about it a lot.”

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Reiner lives closest to the Citgo South Portland Terminal, in a part of South Portland known as Turner Island. The tanks there primarily hold gasoline, while others in the city contain an array of petroleum products, including heating oil and asphalt. He and his family are among the more than 12,600 people who live within a mile of the tank farm, according to EPA data.

According to data collected by Maine’s Department of Environmental Protection, the CITGO terminal is one of two tank farms in the city where emissions exceed the state limit. Average benzene levels were measured at 2.18 micrograms per cubic meter, well above Maine’s allowed limit of 1.28 micrograms.

The highest levels in the city—3.05 micrograms—were measured at South Portland Terminal LLC owned by Buckeye Partners, which, unlike Citgo’s tanks, does not have people living nearby. A tank farm owned by Sunoco, meanwhile, had measurements just below the state guideline.

Long-term inhalation of benzene can damage bone marrow and blood-forming cells, suppress the immune system, and increase the risk of leukemia. According to the World Health Organization, there is “no safe level of exposure.”

Each reported number from the state is the average of a two-week continuous sample. Citgo’s final number for the year is the average of all those two-week samples. When examining a year’s worth of data, higher emissions levels get masked. But levels spike: For one two-week period in particular, the average benzene level recorded near the Citgo facility was 11.8 micrograms per cubic meter, nearly 10 times the state limit.

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Those shorter-lived “burst emissions” can be dangerous in their own right.

One to 14 days of exposure to higher levels of benzene can cause headaches and breathing issues for sensitive individuals, such as children, older adults, or people with preexisting health conditions. The risk level for short-term exposure for benzene is 30 micrograms per cubic meter. What’s not clear in the state’s data is whether benzene levels get high enough to trigger those responses.

Rich Johnson, a spokesman for Citgo, said the company takes the concerns of South Portland residents seriously and is continuing to work with state regulators. “We believe it is important that any study of air monitoring results support accurate, representative conclusions about community-level air quality,” Johnson said.

Buckeye Partners did not respond to multiple emails requesting comment.

Petroleum companies and oil terminal owners use various technologies to eliminate emissions, but they still happen. Most often, chemicals escape from tank vents, equipment leaks and loading rack operations.

Anna O’Sullivan, a 42-year-old artist and therapist, thinks about all of this. She worries when her 7-year-old son, Henry, plays in the yard. “Is he just, like, absorbing what’s in the air?” she wonders.

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She’s hesitant to eat anything grown in the soil there. She’s concerned that staying put means poisoning them both.

But she’s also stuck. O’Sullivan bought her three-bedroom cape, built in 1904, with a big backyard for $190,000 in 2017—a charming and impossible find in the market today.

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“I can see the tanks from my house,” she said. The feeling is: “I need to move. I can’t raise my kids in an area where it’s just, like, poisonous air.”

But also: “I like my house. … It’s hard to move, it’s hard to buy a house.”

The science supports these emotions.

The readings are high enough “to merit serious attention,” said Drew Michanowicz, a senior scientist at Physicians, Scientists, and Engineers for Healthy Energy, an independent scientific research institute that brings science to energy policy.

Across South Portland, most people don’t live immediately next to the tanks, which lessens their exposure because emissions are quickly dispersed. But especially around the Citgo facility, some live quite close.

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Until last fall, when she had to move following a house fire, Jacky Gerry was living near the Citgo tanks. “Did I ever think we were safe? Probably not,” she said. “But did a lot of people have a choice as to where you live? No.”

People in South Portland first became concerned about the tanks in 2019, after the EPA announced consent decrees, a resolution of a dispute without an admission of guilt, with two companies with tanks here—Global Partners LLC and Sprague Energy. In both cases, heated petroleum storage tanks containing asphalt and a thick fuel oil were emitting what are known as volatile organic compounds—chemicals that include benzene—in violation of their state permits. That issue was specific to tanks containing asphalt and number 6 fuel oil, which were previously thought to have no emissions, and is not the situation with the Citgo tanks.

As a result of the consent decrees, the operators installed systems to capture emissions that appear to have worked. In the most recent testing, emissions levels around both tank farms were below Maine’s threshold.

The consent decrees also helped put the tanks on the radar of lawmakers. In 2021, a newly passed law mandated that all petroleum tank farms in the state begin fenceline monitoring for chemicals including benzene. That monitoring began in August 2024, and the first results were released late last year.

Residents here have long taken the fight against industrial emissions into their own hands, including in a high-profile—and successful—fight to keep oil from Canadian tar sands from being piped into the city in 2018.

It was in that spirit that South Portland resident Tom Mikulka, a retired chemist with a Ph.D. in biochemistry from Cornell, opted to analyze the state results so residents would be able to start understanding the implications.

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“I wouldn’t want to go to sleep knowing there’s high benzene levels that close to my home,” said Mikulka, referring to the houses that stand just feet from a fenceline monitor mounted along the Citgo property. “While there is diffusion, I can’t imagine the data is much different just a few feet away.”

The state findings validate the concerns he’s had all along. Mikulka first began testing emissions in the neighborhood back in 2020, when he used COVID relief checks to purchase air monitoring equipment. He hung one of the monitors on Reiner’s property, near the swing his grandkids like to play on.

Now, six years later, with official data in hand, Mikulka hopes the findings will be harder for regulators to dismiss.

That’s Jacky Gerry’s hope, too.

“Now that we have these answers, who’s stepping up to the plate to say, ‘Let’s try to fix that?’” she said. “Is it a city problem? An oil company problem? Where does it fall?”

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Maine

Lawmakers advance bill to provide death benefits after two DOT workers killed on the job

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Lawmakers advance bill to provide death benefits after two DOT workers killed on the job


After a fatal car crash in Waterville killed two Maine Department of Transportation employees in January, state lawmakers are backing a bill to expand death benefits to the families of DOT workers killed on the job.  The Labor Committee unanimously voted Tuesday to advance LD 669, which will make DOT employees eligible for the same […]



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Maine man accused of lighting bed on fire after fight with girlfriend

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Maine man accused of lighting bed on fire after fight with girlfriend


WISCASSET, Maine (WMTW) – A Maine man has been arrested after police say he intentionally set a bed on fire after a dispute with his girlfriend, while they were still in it.

Police responded Monday, March 9, to a report of a fire that had been intentionally set inside a home on Beechnut Hill Road, according to the Wiscasset Police Department.

Investigators say the homeowner, Terry Couture, 41, set the bed on fire following an argument while both he and his girlfriend were in it. Authorities said the fire was extinguished and no serious injuries were reported.

Couture was arrested and charged with attempted murder, arson, aggravated criminal mischief, and domestic violence criminal threatening with a dangerous weapon.

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The investigation is ongoing.



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