Alabama
As Alabama eyes more nitrogen executions, opponents urge companies to cut off plentiful gas supply
MONTGOMERY, Ala. — (AP) â Alabama in late January became the first state to use nitrogen gas in an execution, finding a new way to carry out a death sentence after drug companies refused to let their products be used in lethal injections.
Kenneth Eugene Smith, 58, was put to death Jan. 25 for the 1988 murder-for-hire killing of 45-year-old Elizabeth Sennett. State prison officials put a mask over his face, replacing the air he breathed with nitrogen gas and depriving him of oxygen.
Alabama has said it plans to continue using this new method. Other states are considering following its lead given that nitrogen gas, the chief material in a nitrogen execution, is readily available to purchase. But at least one company has said it wonât supply nitrogen for execution, and anti-death penalty groups hope others will do the same.
Despite the availability of nitrogen gas, legal challenges may end up being a big hurdle for prison officials trying to procure it, at least for the time being.
The refusal of drug companies to allow their products to be used in lethal injections, and ongoing litigation over that execution method, have made it hard for some states to carry out death sentences. That led them to explore alternate means of carrying out executions.
Three states â Oklahoma, Mississippi and Alabama â have authorized nitrogen gas as an execution method. In Oklahoma, nitrogen was authorized as a back-up method in case lethal injection is unavailable because of court rulings or a shortage of drugs. Alabama law gives prisoners the option to choose nitrogen as their preferred method.
Just as the state has refused to name suppliers for lethal injection drugs, the Alabama Department of Corrections won’t say where it obtained the nitrogen gas used to kill Smith. The state redacted information in federal court records that could identify the supplier. Court documents filed by the state showed the gas used was certified as 99.999% pure nitrogen.
Nitrogen gas can be purchased easily without a license from manufacturers, industrial suppliers or even online retailers. Nitrogen gas is used for a variety of purposes in manufacturing, welding, inflating tires and equipment calibration and maintenance. The plentiful supply is likely one reason that some states have expressed interest in the new method.
The air surrounding us is 78% nitrogen and generators can be purchased that produce high-purity nitrogen by isolating it from other gasses in the air. That could allow prison officials to get around suppliers’ reluctance to provide nitrogen gas for executions.
At least one major manufacturer, AirGas, which was acquired by French-owned Air Liquide, has said it will not supply gas for executions. The stance is similar to those taken by drug companies that refuse to supply lethal injection drugs.
âSince 2019, Airgas has publicly articulated its position that supplying nitrogen for the purpose of human execution is not consistent with our company values and that position has not changed. Airgas has not and will not supply nitrogen or other inert gases to induce hypoxia for the purpose of human execution,â a company spokeswoman wrote in an email.
Bianca Tylek, the founder of Worth Rises, a criminal justice advocacy group, said she hopes other manufacturers follow the lead of Airgas and drug manufacturers.
She acknowledged it’s harder to cut off the supply of readily available high-purity nitrogen gas, but urged companies to prohibit their products from being used in executions.
Even when supplies of lethal injection drugs were cut by manufacturers, states found workarounds such as turning to compounding pharmacies.
Activists and lawyers for people on death row will continue to fight the use of nitrogen gas for executions and legal challenges could slow things down, at least for a while.
Already, critics are seizing on witness descriptions of Smith convulsing on the gurney for several minutes to demonstrate that nitrogen gas does not provide a humane and quick death, as the state promised.
The day after Smith’s death, Alabama Attorney General Steve Marshall declared the execution a success and said the state will pursue more nitrogen executions in the future. He offered help to other states wishing to follow Alabamaâs path.
But nitrogen hypoxia will not replace lethal injection in Alabama. Going forward, the state’s execution method will be based on âthe choice of the inmate,â Marshall said.
Alabama gave inmates a brief window to select nitrogen as their preferred execution method. More than 40 people on the state’s death row have selected nitrogen as their preferred method. However, there will almost certainly be litigation, citing how Smith’s execution unfolded, the next time the state tries to set an execution date using nitrogen gas.
An Alabama death row inmate filed a lawsuit challenging the constitutionality of nitrogen gas executions. The lawsuit, which cited witness accounts of Smith shaking and writhing on the gurney, argued that Smith’s execution was âa human experiment that officials botched miserably” and âcannot be allowed to be repeated.â A federal judge has set a March hearing on a death row inmate’s request to see the unredacted nitrogen execution protocol, the gas mask and other information that was disclosed to Smith’s attorneys.
Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
Alabama
In Alabama Primary Elections, Incumbent Utility Regulators Feel the Squeeze of High Energy Prices – Inside Climate News
MONTGOMERY, Ala.—For some incumbents, politics have turned sour in sweet home Alabama. In the May 26 primary election for two seats on the Public Service Commission, the state’s utility regulator, voters rejected one incumbent and sent another to a runoff.
The electoral shakeup comes as Alabamians are increasingly concerned about economic issues, including utility prices. Polling released earlier this year showed that 80 percent of Alabamians cite economic concerns as the top issue state leaders should address.
Now, Alabama politicians have gotten their first sense of voters’ attitudes this election cycle, and the message for incumbents charged with regulating utilities is one of frustration.
Commissioner Jeremy Oden, a Republican who has served on the body since 2012, lost his bid for re-election to Matt Gentry, who currently serves as sheriff of Cullman County, 75 percent to 25 percent.
Gentry will go on to face Democrat James O. Gordon in the November general election.
Another Republican incumbent on the PSC, Chris Beeker, also failed to garner the most votes from primary voters. Jim Zeigler, a perennial candidate who served on the body from 1975 to 1979, earned the most votes with 45 percent to Beeker’s 25. Because no candidate earned the majority of votes, Beeker will face Zeigler in a primary runoff election on June 16. The winner will face Democrat Sheila McNeil in November.
Electricity prices, in particular, have become a hot button issue across the country ahead of this year’s elections, including in Alabama, where power-hungry data center projects have begun to spring up across the state. In neighboring Georgia, utility cost increases and data center development became a major discussion in its own Public Service Commission elections, races that led to major Republican-to-Democrat flips and garnered headlines nationwide.
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In the Wake of Georgia’s Blue Wave, Alabama Changed Its Utility Regulation Elections. This Black Democrat Is Suing.
By Lee Hedgepeth
Fear of a similar outcome in deep red Alabama has left some politicians nervous. During this year’s legislative session, lawmakers were forced to pull a bill that would have ended Public Service Commission elections altogether after significant public outcry.
In its place, the majority GOP legislature passed a major restructuring of the regulatory body that inflates its membership from three to seven members and consolidates significant regulatory power in a newly created secretary of energy to be appointed by the governor. The new law makes it more difficult to initiate a formal rate case, effectively barring such a hearing before 2029 and subsequently requiring the approval of the secretary of energy or five of seven commission members to do so.
Alabamians have good reason for concern over energy prices. An Inside Climate News analysis showed that Alabama Power customers paid the highest average residential bills among the 100 largest investor-owned utilities in the United States. Experts have pointed to the “regulatory capture” of bodies like the Public Service Commission as one reason for those high rates.
All of the successful candidates in this year’s PSC primaries have cited high utility bills as a reason for reform.
In the race for the Place 1 seat, Gentry’s 50-point primary victory over Oden came in the wake of Gentry’s pledge to call for the first formal public rate hearing overseeing Alabama Power’s electricity price increases since 1982. James Gordon, his Democratic opponent, has gone further, calling for regular formal rate hearings, an immediate 25 percent reduction in bills and consideration of a cap on the company’s annual profits.
In the bid for Place 2, Zeigler and Beeker will battle it out in the lead-up to their June runoff. Beeker is relatively new to the commission, having been appointed to the body in 2024 to serve the remaining term of his father, also Chris, a three-term incumbent, who resigned citing health concerns.
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Zeigler’s campaign has focused on pairing opposition to both large data center projects needed to power AI and solar farms for renewable electricity to harness local political passions, though his campaign’s website landing page features an AI-generated image as its background.
“They can ruin your community, consume water and drive your electric bills up. No one in Montgomery is overseeing this,” Zeigler said of data centers in a campaign video.
Beeker has taken a more traditional Alabama politics approach, nationalizing the issues and attacking what he labels “woke” left policies he claims without evidence are driving energy prices up.
Appearing in an ad holding his rifle on a farm, Beeker said he’ll fight for Alabama.
“As your public service commissioner, I’m again standing with President Trump against woke liberal environmentalists who are trying to kill Alabama jobs,” Beeker said.
As commissioner, Beeker has not yet called for a formal rate hearing on Alabama Power’s electricity prices.
McNeil, the Democrat in the race, did not face a primary challenger and has now begun her general election campaign in earnest. Her message? Power bills must come down.
“This is one of the most important positions on the ballot because it affects 1.5 million Alabamians,” McNeil said of the PSC races at a candidate forum earlier this month. “Utility rates are too high. They are some of the highest in the country. Something has got to be done because what has been going on for the last 20 years got us to where we are today.”
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Alabama
Alabama raises income guidelines for WIC program
MONTGOMERY, Ala. (WSFA) – Alabama has expanded income eligibility for the Women, Infants and Children nutrition program, known as WIC, meaning more families may qualify.
WIC serves people who are pregnant, postpartum or breastfeeding, as well as parents or guardians of children younger than 5. Applications are handled through local county health departments and WIC clinics.
WIC provides food benefits for each eligible family member, including a monthly cash-value benefit that can be used for fruits and vegetables. Each child receives $26 a month, pregnant and postpartum participants receive $48 a month, and breastfeeding participants receive $52 a month. Other approved foods include whole-grain bread and cereal, milk, cheese, yogurt, eggs, peanut butter, beans, canned fish and infant foods.
Participants can also receive nutrition education, breastfeeding support and health care referrals. Alabama’s WIC program issues benefits electronically.
| Family Size | Annual Income | Weekly Income |
|---|---|---|
| 2 | $40,034 | $770 |
| 3 | $50,542 | $972 |
| 4 | $61,050 | $1,175 |
| 5 | $71,558 | $1,377 |
| 6 | $82,066 | $1,579 |
Under the 2026 federal poverty guidelines, WIC is open to households with incomes up to 185% of the federal poverty level. Participants also must meet nutrition-risk requirements. Families already receiving Medicaid, SNAP or Temporary Assistance for Needy Families generally meet the income guidelines for WIC, though others may qualify as well.
Each unborn infant counts as one in the family size. For additional household sizes, see the Alabama Department of Public Health’s WIC information page.
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Copyright 2026 WSFA. All rights reserved.
Alabama
Alabama football to adopt HeatSense, cutting edge heat safety technology
Melissa Fortenberry saw a problem and sought a solution, a solution Alabama football is buying into.
Fortenberry invented HeatSense, a fitness tracker that measures athletes’ individual core body temperature with the “goal of proactively managing heat strain.” In August, Alabama will be Heat Sense’s first customer.
“They are all in,” Fortenberry told The Tuscaloosa News. “They very much want their player health to be at the top of the list.”
With a background in technology, Fortenberry came up with the idea of HeatSense as a fan, watching her three kids play youth sports in from the stands. She became sick, feeling dizzy and nauseous and coming to the conclusion that the pads and turf were hotter for athletes on the field.
Fortenberry conducted her own research and saw more reactive solutions than proactive.
“You can see heat strain forming in people and proactively cool them or keep pushing, where today, you’re flying blind,” Fortenberry said.
Jeff Allen, senior associate athletic director for health and performance and Alabama football’s head athletic trainer, has already been on the forefront of innovation for player safety, introducing the injury tent in 2015 to allow training staff and medical personnel to examine athletes privately on the sideline during games.
When Carson Tinker, a former Alabama and NFL long snapper and Fortenberry’s neighbor, heard about her idea, Allen was the first person Tinker thought of.
“Jeff was like, ‘Man, this sounds super interesting. Keep me in the loop with this,’” Tinker said. “It’s something he felt he knew that he could use. That was over a year ago now. … Now it’s all kind of come together. It’s crazy how it all kind of works out.”
“Once we got Jeff’s attention, he was really intrigued,” Fortenberry said, adding Allen “wants to be on the forefront of making the game better.”
Members of the HeatSense team attended an Alabama practice during its fourth-quarter program in March and put sensors on 10 players.
“I think the feedback they heard from players was validated in what we saw,” Fortenberry said.
Tinker views this not only as a safety tool, but an advantage overall to find a player’s peak body temperature.
“You want to be able to use the heat to your advantage. You want to be able to play your best in all conditions, but nobody knows until it’s too late and you got to get through in the cold tub because you overheated.”
Alabama is just the start for HeatSense, which has the goal of reaching three to five Division I programs this summer.
According to Weather Spark, the average temperature in Tuscaloosa eclipses 90 degrees during Alabama’s fall camp. Fortenberry now has a way for the Crimson Tide to respond.
“People, I think, are afraid of the heat, but you don’t know you can do something about it,” she said. “Now you can.”
Colin Gay covers Alabama football for The Tuscaloosa News, part of the USA TODAY Network. Reach him at cgay@gannett.com or follow him @_ColinGay on X, formerly known as Twitter or Instagram @colingaytnews.
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