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5th Circuit blocks EPA cuts of ozone crossing state lines

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5th Circuit blocks EPA cuts of ozone crossing state lines


An Environmental Safety Company plan to chop ozone-causing air air pollution in Louisiana, Mississippi and Texas has been placed on maintain by an interim choice filed Monday by a cut up three-judge panel of the U.S. fifth Circuit Court docket of Appeals.

The revised EPA “Good Neighbor Plan” filed within the Federal Register on March 15 is geared toward lowering emissions in 23 states that cross state traces and contribute to the formation of smog, the brown haze that features ozone-causing chemical substances and smoke.

A part of the plan rejects an implementation technique filed by the Louisiana Division of Environmental High quality in 2019, and comparable state plans filed by Texas and Mississippi.

EPA says the price of reaching the anticipated discount in all of the states would whole about $1.1 billion by 2026. But it surely stated the reductions would cut back untimely deaths ensuing from ozone by 1,000, reduce hospital and emergency room visits by greater than 2,000, cut back bronchial asthma symptom circumstances by 1.3 million, and cut back college absence days by 470,000.

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However on Monday, the cut up appeals panel dominated that in substituting its federal implementation plan for the state plans, EPA acted arbritarily and capriciously, and the federal plan needs to be halted till the fifth Circuit completes its overview. 

The panel additionally threw out a request by EPA to dam the overview by the fifth Circuit requested by the states and different authorities and non-government organizations of EPA’s actions on grounds that the case ought to have been heard within the D.C. Circuit Court docket of Appeals, or ought to have been dismissed as a result of that court docket was the correct place for a overview to be filed. 

The appeals panel choice was agreed to by Judges Kurt Engelhardt and Cory Wilson, each appointed to the court docket by former President Donald Trump, and was written by Engelhardt. Choose Dana Douglas, appointed by President Joe Biden, filed a dissent opinion that stated the case ought to have been transferred to the D.C. Circuit, or ought to have been dismissed as a result of it ought to have been filed with that court docket. 

The Biden Administration’s EPA management reversed selections by the Trump administration that might have allowed Texas, Louisiana and different states to implement their very own, less-restrictive plans for lowering ozone emissions. 

EPA revised its ozone air high quality laws in 2015, reducing allowable concentrations of ozone within the air from 75 components per billion to 70 components per billion. That triggered a requirement that the states craft “state implementation plans” to implement the change, together with plans for compliance with the Clear Air Act’s “Good Neighbor Provision,” which requires states to ban emissions that contribute to nonattainment of the boundaries in neighboring states.

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In February, EPA disapproved greater than 20 state implementation plans that had been filed in the course of the Trump administration due to lack of compliance with the Good Neighbor Provision, and on March 15, EPA issued its personal state implementation plans for 23 states.

Three of these states — Louisiana, Mississippi and Texas — and a variety of authorities companies and non-governmental organizations, requested the fifth Circuit to overview the February disapproval.

The fifth Circuit panel ruling stated it could take into account these petitions, however first would take care of 5 preliminary motions involving these overview requests.

In a 2-1 vote, the panel denied EPA’s movement to switch the petitions to the D.C. Circuit Court docket of Appeals, which EPA stated ought to hear the challenges as a result of they contain nationwide air pollution points that the Clear Air Act (CAA) says needs to be reviewed by that court docket. It additionally by a 2-1 vote denied EPA’s movement to dismiss the critiques as a result of they had been filed within the fifth Circuit and never the D.C. Circuit.

By the identical 2-1 margin, the panel voted to grant motions to remain EPA’s denial of the Texas and Louisiana state implementation plans.

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The opinion concluded that the “motion” taken by EPA below its state implementation plan denial announcement was a separate choice for every state, and thus not a nationwide motion. That allowed it to be filed within the fifth Circuit. Douglas disagreed, concluding that the motion taken by EPA concerned a number of states and was based mostly on the nationwide ozone requirements.





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Louisiana

Louisiana Passes Public Schools Ten Commandments Law, Parents and Clergy Sue – by Jan Wondra – Ark Valley Voice

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Louisiana Passes Public Schools Ten Commandments Law, Parents and Clergy Sue – by Jan Wondra – Ark Valley Voice


This past week, Louisiana became the first state in the nation — or the nation’s history for that matter — to pass a state law requiring that a suitably-produced copy of the Ten Commandments be posted in every public school classroom of every school, at all grade levels through university level.

Civil rights groups on Monday filed a lawsuit against Louisiana’s House Bill 71, which mandates that all public schools display the Ten Commandments. File Photo by Michael Kleinfeld/United Press International.

The law, HB 71, stipulated that this posting would be paid for by donations — but that has not silenced objectors. Nor has it negated the fairly obvious intrusion of a political movement known as “Christian nationalism” into politics, our daily lives, and schools.

A lawsuit was filed Monday, June 24 by a group of public school parents, as well as clergy against the mandated display of the Ten Commandments, the group known as Americans United for the Separation of Church and State, the Freedom From Religion Foundation, and offices of the ACLU (American Civil Liberties Union).

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‘This is religious favoritism, and it is not only dangerous but runs counter to my religion and faith,’ said Presbyterian Church (USA) minister and plaintiff in the case the Rev. Jeff Sims.

Speaking at a press conference after the suit was filed, the head of Americans United for the Separation of Church and State, Rachel Laser, pointed out that several other states [Oklahoma, Mississippi, and South Carolina] have introduced similar bills attempting to dictate public morality. Calling this an example of “the Christian nationalism that is on the march across this country” she said that Texas has also already passed a law allowing public schools to enlist chaplains.

Communicating with several journalists in the past few days, we noted it could reasonably be asked that if anything is required to be posted in every classroom in a state, it should be the law of this land — the  United States Constitution, not a Christian document.

In fact, the posting of the TEn Commandments would appear to violate the establishment clause of the First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;”

This is a multi-cultural nation. The reaction across the U.S. may not be what the Louisiana legislators thought they might see. Objections are not just being voiced by those of other religions, from Jewish to Muslim, and Hindus, but by the leadership of Christian denominations, including the mainline protestant faiths.

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According to Religious News Service, “the plaintiffs argue the statute unfairly privileges a specific version of Christian scripture in addition to impinging on the rights of the nonreligious and those of other faiths.” Further, they say, “the law violates their First Amendment right to religious freedom as well as the U.S. Constitution’s prohibition against establishing a state religion.

“This simply cannot be reconciled with the fundamental religious-freedom principles that animated the founding of our nation,” reads the complaint, which notes no federal court has upheld the display of the Ten Commandments in a public school setting.

The plaintiffs in this case are a mixture of religious and non-religious parents, and include clergy who object to a narrow interpretation of religion.

“By subjecting my children to permanent displays of scripture in every classroom, the Ten Commandments conflicts with this principle,” said Unitarian Universalist Minister Rev. Darcy Roake. According to Religious News Service (RNS) she pointed out “that among her faith tradition’s seven principles is a call for “the right to a free and responsible search for truth and meaning,” that her husband is Jewish and that they have raised their children in a multi-faith household.

“My husband believes this state-mandated version of the Ten Commandments does not conform with his Jewish faith either, because the displays misappropriate and alter the text of the Ten Commandments as they are set out in the Torah,” she told a RNS reporter.

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There is more irony — turns out that the Louisiana law requires the Ten Commandments to be posted in English — but of course the original ten were in Hebrew.



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Mall of Louisiana announces adult supervision policy for guests under 18

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Mall of Louisiana announces adult supervision policy for guests under 18


BATON ROUGE, La. (WAFB) – Teens and kids wanting to visit the Mall of Louisiana in Baton Rouge will soon have to have an adult accompany them on Friday and Saturday evenings.

Officials with the Mall of Louisiana announced that beginning Friday, June 28, a Parental Guidance Required (“PGR”) program will be in effect at the Mall of Louisiana on Friday and Saturdays after 4 p.m.

As part of the program, officials say guests under 18 years old will be required to be accompanied by a parent or supervising adult who is at least 21 years old while they are on the shopping center property, including in the parking lot and exterior sidewalks.

The Mall of Louisiana released the following statement about the change:

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Beginning Friday, June 28, a Parental Guidance Required (“PGR”) program will be in effect at the Mall of Louisiana on Friday and Saturdays after 4 p.m. The PGR program requires that all guests under 18 years of age be accompanied by a parent or supervising adult who is at least 21 years old. The PGR program will be strictly enforced throughout the entire shopping center property, including the parking lot and exterior sidewalks.

“We strive to provide a safe shopping experience for every visitor and are constantly evaluating our comprehensive security program to meet the changing needs of our customers and merchants. Therefore, we will be implementing our Parental Guidance Required (PGR) program.” Gene Satern, senior general manager of the Mall of Louisiana said, “I want to stress that everyone is still welcome at our center, but on weekends moving forward we require families to shop together.”

During PGR hours, trained public safety officers will be stationed at the Mall of Louisiana entrances to check IDs of visitors who appear to be younger than 18 years old. Those who cannot provide a valid photo ID showing they are at least 18 years of age will need to be accompanied by a parent or supervising adult to stay at the shopping center. One adult may accompany up to four youths and must remain with them through the duration of the shopping experience.

Those who provide proper identification to indicate that they are at least 18 years old will be offered an optional wristband. Those who choose not to wear the wristband may be asked for ID again by safety officers inside the shopping center. Valid identification includes a state issued driver’s license or ID card, a military ID, a school ID card, or a passport. The identification must be tamper-proof and include a photograph and date of birth.

Announcements will be made inside the Mall of Louisiana starting at 3:00 p.m. on Fridays and Saturdays, giving unsupervised youths ample time to complete their shopping or dining before PGR begins. After 4:00 p.m. public safety officers inside the shopping center will check IDs of individuals who appear to be underage and are not wearing wristbands.

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The Mall of Louisiana is located at 6401 Bluebonnet Blvd., Baron Rouge, LA 70836.

Click here to report a typo.



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Lawsuit challenges Louisiana’s Ten Commandments requirement for schools

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Lawsuit challenges Louisiana’s Ten Commandments requirement for schools


BATON ROUGE, Louisiana — A lawsuit has been filed in federal court in Louisiana challenging the state’s recently passed law requiring the Ten Commandments be posted in every classroom in public schools.

The American Civil Liberties Union, representing parents of Louisiana public school children, confirmed in a post on social media that it was involved the lawsuit. The New York City law firm Simpson, Thacher & Bartlett, Americans United for Separation of Church and State and the Freedom From Religion Foundation are also are plaintiffs, according to CBS News.

“Public schools are not Sunday schools,” the ACLU says in its post on social media. “Louisiana public schools must remain welcoming to all students, regardless of their faith.”

Under the legislation signed into law by Republican Gov. Jeff Landry last week, all public K-12 classrooms and state-funded universities will be required to display a poster-sized version of the Ten Commandments in “large, easily readable font” next year.

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“There is no longstanding tradition of permanently displaying the Ten Commandments in public-school classrooms in Louisiana or the United States more generally,” the lawsuit says. “Indeed, for nearly half a century, it has been well settled that the First Amendment forbids public schools from posting the Ten Commandments in this manner.”

The lawsuit cites the 1980 Supreme Court decision striking down a similar law passed in Kentucky.

It also argues that Louisiana’s law “unconstitutionally pressures students into religious observance, veneration, and adoption of the state’s favored religious scripture.”

“It also sends the harmful and religiously divisive message that students who do not subscribe to the Ten Commandments — or, more precisely, to the specific version of the Ten Commandments that H.B. 71 requires schools to display — do not belong in their own school community and should refrain from expressing any faith practices or beliefs that are not aligned with the state’s religious preferences,” the lawsuit says. “And it substantially interferes with and burdens the right of parents to direct their children’s religious education and upbringing.”

The lawsuit filed Monday seeks a court declaration that the new law, referred to in the lawsuit as HB 71, violates First Amendment clauses forbidding government establishment of religion and guaranteeing religious liberty. It also seeks an order prohibiting the posting of the Ten Commandments in public school classrooms.

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Louisiana Attorney General Elizabeth Murrill has said she is looking forward to defending the state’s law. She issued a statement saying she couldn’t comment directly on the lawsuit because she had not yet seen it.

(The Associated Press contributed to this story.)



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