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Supreme Court weighs new limits on EPA’s power to fight climate change

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Supreme Court weighs new limits on EPA’s power to fight climate change

The Supreme Court docket justices on Monday weighed whether or not to set strict limits on how the Biden administration can combat local weather change by new rules of crops that burn coal to supply electrical energy.

They did so though Biden’s Environmental Safety Company has but to situation a regulation involving carbon air pollution from energy crops.

As a substitute, the justices agreed to reopen a regulatory battle from the Obama and Trump administrations.

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At situation is whether or not the Seventies-era Clear Air Act informed the EPA it should focus narrowly on steps which may cut back air pollution from previous energy crops, or whether or not the company might regulate broadly by implementing state-by-state targets on carbon air pollution.

The Obama administration adopted this broad method in its Clear Energy Plan and believed the air pollution targets would push states to section out coal-burning crops and change to pure fuel, wind generators and solar energy.

However the Supreme Court docket by a 5-4 vote blocked that plan from taking impact in February 2016, just a few days earlier than Justice Antonin Scalia died unexpectedly.

When President Trump took workplace a 12 months later, the EPA dropped the local weather change plan and stated it had no authority to transcend modest measures that immediately regulated particular person energy crops.

Now the scope of the federal authority is again earlier than the court docket, pushed this time by West Virginia and 18 different coal-producing states. They urged the court docket to take up the problem and to rule that the EPA has fairly restricted authority to control carbon air pollution.

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The EPA doesn’t have the “energy to reshape the nation’s vitality sector” nor to “greenlight this transformation” of how electrical energy is produced, West Virginia’s Solicitor Basic Lindsay S. See informed the court docket.

Solely the court docket’s three liberal justices sharply questioned her throughout a two-hour argument.

West Virginia Atty. Gen. Patrick Morrisey referred to as the regulatory dispute “probably the most essential administrative regulation and separation of powers circumstances in fairly a while. This case will decide who decides the key problems with the day: unelected bureaucrats or Congress, comprised of these elected by the individuals to serve the individuals.”

Congress has repeatedly did not enact new laws that might authorize vital steps to deal with local weather change.

However environmentalists have been shocked and stunned when the court docket within the fall voted to listen to the case of West Virginia vs. EPA, though there was no regulation to overview.

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“It’s extremely uncommon for the Supreme Court docket to take up a case that revolves round a hypothetical future regulation,” stated UC Berkeley professor Dan Kammen. “Much more than that, it’s anti-innovation and antibusiness in that this go well with would limit our potential to create new job-producing, community-protecting legal guidelines. At minimal, the court docket ought to await particular proposals.”

“This could be the worst potential time to tie EPA’s arms behind its again,” stated Fred Krupp, president of the Environmental Protection Fund. “We’d like the EPA to proceed implementing our nation’s confirmed, time-tested clear air legal guidelines and defending individuals in all places from local weather air pollution. The court docket ought to let the EPA do its job.”

Representing the administration, U.S. Solicitor Gen. Elizabeth B. Prelogar stated the court docket ought to dismiss the case and never situation an “advisory opinion” a couple of nonexistent regulation. However that argument drew little traction. She stated the EPA was at work on a brand new rule and anticipated to suggest it later this 12 months.

She confronted a court docket with six conservative Republican appointees who’re skeptical of environmental rules, notably in the event that they go nicely past what Congress might need supposed.

In 2007, the excessive court docket approved the EPA to tackle carbon air pollution and local weather change beneath the Clear Air Act. Earlier than, that regulation had been restricted to regulating traditional air pollution that made it onerous to breathe, similar to smog and soot. However in a 5-4 choice, a liberal majority stated the broadly worded regulation might be interpreted to restrict the carbon pollution that have been warming the ambiance.

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Solely Justice Stephen G. Breyer stays from that majority, together with three of the dissenters: Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr.

Legal professionals for West Virginia didn’t ask the court docket to reverse the 2007 ruling, and the problem was not raised throughout the argument. However legal professionals for the coal states have been assured that the three justices who dissented, together with the three Trump appointees, usually are not seemingly to present the EPA broader authority to deal with local weather change.

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Appeals court rules Texas has right to build razor wire border wall to deter illegal immigration: 'Huge win'

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Appeals court rules Texas has right to build razor wire border wall to deter illegal immigration: 'Huge win'

A federal appeals court on Wednesday ruled that Texas has the right to build a razor wire border wall to deter illegal immigration into the Lone Star State. 

Texas Gov. Greg Abbott announced the ruling on X, saying President Biden was “wrong to cut our razor wire.” 

“We continue adding more razor wire border barrier,” the Republican leader wrote. 

Wednesday’s 2-1 decision by the 5th U.S. Circuit Court of Appeals clears the way for Texas to pursue a lawsuit accusing the Biden administration of trespassing without having to remove the fencing.

TRUMP SAYS MEXICO WILL STOP FLOW OF MIGRANTS AFTER SPEAKING WITH MEXICAN PRESIDENT FOLLOWING TARIFF THREATS

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It also reversed a federal judge’s November 2023 refusal to grant a preliminary injunction to Texas as the state resisted federal efforts to remove fencing along the Rio Grande in the vicinity of Eagle Pass, Texas.

U.S. Border Patrol agents cut an opening through razor wire after immigrant families crossed the Rio Grande from Mexico in Eagle Pass, Texas, Sept. 27, 2023. (John Moore/Getty Images)

Circuit Judge Kyle Duncan, a Trump appointee during the president-elect’s first term, wrote for Wednesday’s majority that Texas was trying only to safeguard its own property, not “regulate” U.S. Border Patrol, and was likely to succeed in its trespass claims.

LIBERAL NANTUCKET REELS FROM MIGRANT CRIME WAVE AS BIDEN SPENDS THANKSGIVING IN RICH FRIEND’S MANSION

Duncan said the federal government waived its sovereign immunity and rejected its concerns that a ruling by Texas would impede the enforcement of immigration law and undermine the government’s relationship with Mexico.

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TEXAS BORDER RAZOR WIRE

A Venezuelan immigrant asks Texas National Guard troops to let his family pass through razor wire after they crossed the Rio Grande from Mexico in Eagle Pass, Texas, Sept. 27, 2023. (John Moore/Getty Images)

He said the public interest “supports clear protections for property rights from government intrusion and control” and ensuring that federal immigration law enforcement does not “unnecessarily intrude into the rights of countless property owners.”

Republican Attorney General Ken Paxton called the ruling a “huge win for Texas.” 

“The Biden Administration has been enjoined from damaging, destroying, or otherwise interfering with Texas’s border fencing,” Paxton wrote in a post on X. “We sued immediately when the federal government was observed destroying fences to let illegal aliens enter, and we’ve fought every step of the way for Texas sovereignty and security.”

Texas border

Migrants attempt to cross the southern border in Ciudad Juárez, Mexico, in February. (David Peinado/Anadolu via Getty Images)

The White House has been locked in legal battles with Texas and other states that have tried to deter illegal immigration. 

In May, the full 5th Circuit heard arguments in a separate case between Texas and the White House over whether the state can keep a 1,000-foot floating barrier on the Rio Grande.

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The appeals court is also reviewing a judge’s order blocking a Texas law that would allow state officials to arrest, prosecute and order the removal of people in the country illegally.

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Rep. Katie Porter obtains temporary restraining order against ex-boyfriend on harassment allegations

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Rep. Katie Porter obtains temporary restraining order against ex-boyfriend on harassment allegations

U.S. Rep. Katie Porter (D-Irvine) secured a temporary restraining order Tuesday against a former boyfriend, saying in dozens of pages of court filings that he had bombarded her, as well as her family and colleagues, with hundreds of messages that she described as “persistent abuse and harassment.”

Porter, 50, alleged in a filing with Orange County Superior Court that her ex-boyfriend Julian Willis, 55, was contacting her and her family with such frequency that she had a “significant fear” for her “personal safety and emotional well-being.”

Judge Stephen T. Hicklin signed a restraining order Tuesday barring Willis from communicating with Porter and her children until a mid-December court hearing. He also barred Willis from communicating about Porter with her current and former colleagues.

In the court filing, Porter said that Willis had been hospitalized twice since late 2022 on involuntary psychiatric holds and had a history of abusing prescription painkillers and other drugs.

She said in a statement to The Times that Willis’ mental health and struggles with addiction seemed to have gotten worse since she asked him in August to move out of her Irvine home. She said she sought the court order after his threats to her family and colleagues “escalated in both their frequency and intensity.”

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“I sincerely hope he gets the help he needs,” Porter said.

Willis declined to comment. He will have an opportunity to file a legal response to the temporary restraining order and challenge Porter’s allegations.

Porter is leaving the House of Representatives in January after losing in California’s U.S. Senate primary in March. She has been discussed as a front-runner in the 2026 governor’s race in California after Gov. Gavin Newsom is termed out, but has not said whether she will launch a campaign.

The 53-page court filing, first reported by Politico, included 22 pages of emails, text messages and other communications among Porter, family members and colleagues who had received messages from Willis, as well as messages that Willis sent to Porter’s attorney and to her political mentor Sen. Elizabeth Warren (D-Mass.).

The filing also included messages between herself and Willis’ siblings as they discussed trying to help him during his psychiatric holds and while he was staying in a sober-living facility.

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Porter said that since she ordered Willis to move out, he had sent her more than 1,000 text messages and emails, including texting her 82 times in one 24-hour period in September, and 55 times on Nov. 12 before she blocked his number.

Porter said in the filing that her ex-boyfriend had “already contacted at least three reporters to disseminate false and damaging information” about her and her children, which she said “poses a serious risk to [her] career and personal reputation.”

The filing includes an email that Porter said Willis sent to her attorney late Monday, in which Willis said he had visited Porter’s son at college in Iowa and told him that he would “bring the hammer down on Katie and smash her and her life into a million pieces.”

Another screenshot shows Willis telling Porter’s attorney that he would file a complaint about Porter, who has children ages 12 and 16, with child protective services.

One of Porter’s congressional staff members received a text message from Willis saying he would “punish the f—” out of him if he did not agree to “cooperate” with a New York Times reporter and Willis’ attorneys, according to a screenshot included in the court document.

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Willis previously made the news in 2021, when he was arrested after a fight that broke out at a Porter town hall at a park in Irvine.

Times staff writer Christopher Goffard contributed to this report.

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Homan taking death threats against him ‘more seriously’ after Trump officials targeted with violent threats

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Homan taking death threats against him ‘more seriously’ after Trump officials targeted with violent threats

Incoming Trump border czar Tom Homan reacted to news of death threats against Trump nominees on Wednesday and said he now takes the death threats he has previously received seriously. 

“I have not taken this serious up to this point,” Homan told Fox News anchor Gillian Turner on “The Story” on Wednesday, referring to previous death threats made against him and his family. 

“Now that I know what’s happened in the last 24 hours. I will take it a little more serious. But look, I’ve been dealing with this. When I was the ICE director in the first administration, I had numerous death threats. I had a security detail with me all the time. Even after I retired, death threats continued and even after I retired as the ICE Director. I had U.S. Marshals protection for a long time to protect me and my family.”

Homan explained that what “doesn’t help” the situation is the “negative press” around Trump. 

HARRIS NEVER LED TRUMP, INTERNAL POLLS SHOWED — BUT DNC OFFICIALS WERE KEPT IN THE DARK

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President Elect Donald Trump, left, and new appointed Tom Homan, right (Getty)

“I’m not in the cabinet, but, you know, I’ve read numerous hit pieces. I mean, you know, I’m a racist and, you know, I’m the father of family separation, all this other stuff. So the hate media doesn’t help at all because there are some nuts out there. They’ll take advantage. So that doesn’t help.”

Homan’s comments come shortly after Fox News Digital first reported that nearly a dozen of President-elect Donald Trump’s cabinet nominees and other appointees tapped for the incoming administration were targeted Tuesday night with “violent, unAmerican threats to their lives and those who live with them,” prompting a “swift” law enforcement response.

ARMED FELON ARRESTED FOR THREATENING TO KILL TRUMP ATTENDED RALLY WEEKS AFTER BUTLER ASSASSINATION ATTEMPT

Donald Trump in a blue suit and red tie pumps his fist in the air and looks up

Republican presidential nominee former President Donald Trump pumps his fist as he arrives to speak at a campaign event at Nassau Coliseum, Wednesday, Sept.18, 2024, in Uniondale, N.Y. (AP Photo/Alex Brandon) (AP Photo/Alex Brandon)

The “attacks ranged from bomb threats to ‘swatting,’” according to Trump-Vance transition spokeswoman and incoming White House press secretary Karoline Leavitt.

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“Last night and this morning, several of President Trump’s Cabinet nominees and administration appointees were targeted in violent, unAmerican threats to their lives and those who live with them,” she told Fox News Digital on Wednesday. “In response, law enforcement acted quickly to ensure the safety of those who were targeted. President Trump and the entire Transition team are grateful for their swift action.” 

Sources told Fox News Digital that John Ratcliffe, the nominee to be CIA director, Pete Hegseth, the nominee for secretary of defense, and Rep. Elise Stefanik, the nominee for UN ambassador, were among those targeted. Brooke Rollins, who Trump has tapped to be secretary of agriculture, and Lee Zeldin, Trump’s nominee to be EPA administrator, separately revealed they were also targeted. 

Threats were also made against Trump’s Labor Secretary nominee, GOP Rep. Lori Chavez-DeRemer, and former Trump attorney general nominee Matt Gaetz’s family. 

Trump holds fist

Republican candidate Donald Trump is seen with blood on his face surrounded by secret service agents as he is taken off the stage at a campaign event at Butler Farm Show Inc. in Butler, Pennsylvania, July 13, 2024.  Rebecca Droke/AFP via Getty Images (Rebecca Droke/AFP via Getty Images)

Homan told Fox News that he is “not going to be intimidated by these people” and “I’m not going to let them silence me.”

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“What I’ve learned today I’ll start taking a little more serious.”

Homan added that he believes “we need to have a strong response once we find out is behind all this.”

“It’s illegal to threaten someone’s life. And we need to follow through with that.”

The threats on Tuesday night came mere months after Trump survived two assassination attempts.

Fox News Digital’s Brooke Singman contributed to this report

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