West
Biden-appointed judge delivers blow to climate lawsuit targeting gas stoves
A federal judge has largely tossed a class-action lawsuit filed by a California resident who alleged that a major appliance manufacturer committed fraud by characterizing his gas-powered stovetop as safe despite its emissions.
Judge Araceli Martínez-Olguín of the U.S. District Court for the Northern District of California — who was nominated by President Biden and received Senate confirmation last year — last week dismissed with prejudice the majority of claims made by Charles Drake, the plaintiff in the case. The only count not completely dismissed is Drake’s allegation that the defendant, GE Appliances’ parent company, Haier Appliances, violated an implied warranty of merchantability.
“Drake does not allege the necessary elements of fraud by omission under California law,” Martínez-Olguín wrote in her decision. “Most glaringly, Drake fails to plead the second and fourth elements of fraud by omission: that Haier held a duty to disclose the fact of the emissions to him, or that Drake justifiably relied on Haier’s concealment of the dangerous emissions from his gas stove.”
“Drake alleges no connection between Haier and the studies he cites, appearing to conclude merely that Haier ‘should have known.’ This does not meet the specificity required for claims sounding in fraud,” she added. “Therefore, the claims sounding in fraud must also be dismissed on this basis.”
BIDEN ADMIN BACKS OFF GAS STOVE CRACKDOWN AFTER WIDESPREAD PUSHBACK
Judge Araceli Martínez-Olguín of the U.S. District Court for the Northern District of California has largely dismissed the class-action suit against gas stove manufacturer GE Appliances. (U.S. District Court for the Northern District of California | Getty Images)
The case dates back to early March 2023 when the California-based law firm Dovel & Luner filed the class-action suit on behalf of Drake. The complaint stated that gas stoves produce “health-harming pollutants,” such as nitrogen oxide, and points to a Consumer Reports article titled “Is Your Gas Range a Health Risk?” as evidence of said harms.
Drake’s complaint further pointed to a 2022 study funded by the Rocky Mountain Institute, a climate think tank which has advocated for a broad economy-wide green energy transition. That same study was cited by U.S. Consumer Product Safety Commission member Richard Trumka Jr. when he floated a ban on gas stoves last year, sparking outrage among consumer advocates and lawmakers.
BIDEN ADMIN LAUNCHED AN AGGRESSIVE CAMPAIGN TARGETING HOME APPLIANCES WITH ECO REGULATIONS IN 2023
And the complaint argued that Haier Appliances should be aware of such research and, therefore, the potential harms posed by gas stoves. Such harms would constitute a product “defect” and, since Haier still sells the products, would mean the company is committing consumer fraud, according to Drake.
In January, the Biden administration backed off more aggressive regulations targeting gas stoves, instead finalizing rules supported by industry groups. (Getty Images)
“Like other makers of gas stoves, Defendant monitors and keeps track of research on the health effects of its products,” the complaint stated. “This is diligence that large companies like Defendant routinely do when selling a consumer product. Defendant is aware of the fact that its Products emit harmful pollutants. It is further aware that use of gas stoves increases the rates of respiratory illness in adults and children.”
But Martínez-Olguín noted in her ruling that plaintiffs are typically required to allege “how the defendant obtained knowledge of the specific defect prior the plaintiff’s purchase of the defective product in order to sufficiently allege the manufacturer’s awareness of a defect.” By broadly stating Haier “keeps track of research,” Drake failed to overcome that hurdle, she ruled.
The judge ultimately gave Drake until March 14 to file an amended complaint, meaning the case is technically ongoing.
GE Appliances declined to comment, citing its policy “not to comment on pending litigation.” Dovel & Luner didn’t respond to a request for comment.
Meanwhile, the ruling is the latest setback for environmentalists who have sought nationwide crackdowns on gas stoves over their climate impact. In January, a federal appeals court delivered a fatal blow to a natural gas ban proposed by the city of Berkeley, California, and, weeks later, the Biden administration watered down regulations targeting gas stoves in a win for the appliance industry.
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Montana
Montana inspectors stop mussel-fouled Minnesota boat headed to Georgetown Lake
ANACONDA, Mont. — A wake boat headed for Georgetown Lake was stopped at the Anaconda boat check station earlier this week after inspectors found it was carrying hundreds of invasive zebra mussels, preventing the species from potentially being introduced into Montana waters.
Inspectors found some of the mussels attached directly to the boat, while others were attached to pieces of Eurasian watermilfoil on the trailer. Eurasian watermilfoil is also an invasive species.
The boat was coming from Minnesota and had ballast tanks, which never completely drain. That can make them a good environment for transporting mussels.
The following was sent out by Montana Fish, Wildlife and Parks:
The exceptional skills of inspectors at the Anaconda boat check station stopped an invasive mussel fouled wake boat from Minnesota earlier this week from potentially introducing zebra mussels into Montana waters.
The boat, which was on its way to Georgetown Lake, was transporting hundreds of zebra mussels, some attached to the boat and some attached to pieces of Eurasian watermilfoil, another invasive species, on the trailer. The boat also had ballast tanks, which never completely drain, making them a good environment for transporting mussels.
Because the boat had only been out of the water for four days, inspectors suspected that the mussels were still viable. Mussels can survive up to 30 days out of the water.
“Boats like this can ruin Montana’s waters forever,” said Tom Woolf, FWP’s aquatic invasive species (AIS) bureau chief. “This is the boat that would introduce mussels.”
The boater was unaware that he was transporting mussels. After the inspectors decontaminated the boat, it was locked to the trailer and FWP wardens responded to ensure it would not launch.
As a reminder, all watercraft entering Montana are required to be inspected for aquatic invasive species. You must obtain an inspection before launching on Montana waters. Stop at all open inspections stations you encounter. Find inspections stations here
Boats with a ballast or bladder, such as wakeboard or wake-surfing boats, that intend to launch on Montana waters must be decontaminated before launching.
While planning your trip to Montana, if you find you will not encounter a watercraft inspection station on your way to your destination, Idaho, Wyoming, and Alberta inspection stations fulfill the before-launch requirements of Montana.
Stop at ALL open inspection stations you encounter in Montana where your watercraft may be re-inspected.
Nevada
NDW invites all to learn more about bighorn
For several years now, the Nevada Department of Wildlife has been on hand at Hemenway Park in the summer to answer questions and talk about Boulder City’s unofficial mascots.
The park’s resident bighorn sheep draw thousands of locals and visitors to the park each year, which is why NDW staff come out to talk about them and to view them in a safe manner.
Staff will be on hand every Sunday in July from 9 a.m. to noon.
“So far, we’ve had a great turnout, both in visitors and sheep,” said Lauren MacLeod, wildlife education coordinator for the NDW. “We kicked off our annual summer bighorn sheep outreach program in mid-June, and each morning has provided excellent opportunities for visitors to observe sheep and take photos through our spotting scope and binoculars. We’ve consistently observed around 30 sheep, including a couple of new lambs.”
MacLeod said many visitors are surprised to learn that these sheep regularly move between the River Mountain Range and Hemenway Park. Some of the most common questions they receive are why the sheep come to the park, whether they live there year-round, and questions relating to different behaviors people observe while watching them.
“We hope that it (program) offers an opportunity to connect Nevadans with one of our state’s most iconic wildlife species right in their own community and introduce tourists to one of the things that makes Nevada so special,” she said. “By sharing information about bighorn sheep biology, behavior, and conservation, we hope people gain a greater appreciation for these animals and the challenges they face.”
It’s also an opportunity for NDW to promote responsible wildlife viewing and provide visitors with the tools and knowledge needed to observe wildlife safely and respectfully.
In regard the number of visitors to the park, MacLeod said she’s often surprised… to a point.
“It’s easy to understand why they’re so popular,” she said. “Bighorn sheep typically inhabit remote, rugged mountain ranges, and even there – excellent camouflage allows them to fly under the radar undetected. There are not many places that you can go where a bighorn sheep sighting is almost guaranteed at the right time of year – especially somewhere as accessible as Hemenway Park.”
Although Hemenway’s bighorn sheep are more accustomed to people than a typical herd, they are still wild animals and can be dangerous when startled or stressed, she said. This is especially true during the breeding season, which begins during the summer months. During this times, males (rams) can become aggressive and territorial as they compete for dominance.
“They spar, charge and collide their heavy horns together with tremendous force,” she said. “It’s a fascinating sight to watch, but definitely not something you want to find yourself stuck in the middle of.
“If a sheep changes its behavior because of your presence, you’re too close. Binoculars, spotting scopes, and camera zoom lenses are great ways to get a closer look without disturbing the animals.”
The River Mountains herd has experienced a population decrease over the past decade, MacLeod said. In 2015, the population was estimated at nearly 300 sheep. Following a pneumonia outbreak, the population declined and is currently estimated to be closer to 150 animals.
Disease and climate change remain two of the greatest conservation challenges facing desert bighorn sheep throughout the West. While the population is smaller than it once was, biologists continue to monitor the herd and its overall health.
“Encouragingly, we’ve continued to observe lamb recruitment, including new lambs this year, which is an important indicator for the herd’s future,” she added.
New Mexico
7 Best New Mexico Towns For Retirees
Truth or Consequences keeps 10 commercial hot spring spas inside a walkable historic district, with mineral water piped directly into private soaking tubs at most of them. That kind of practical retirement amenity tends to show up across New Mexico. The seven towns ahead pair affordable housing markets with regional hospitals and the natural-amenity access that makes a second act feel like one. Most sit in walkable historic centers with median home prices well below national figures. The desert sky and small-town routine come included.
Truth or Consequences
Truth or Consequences runs on hot water. Ten commercial hot spring spas cluster inside a walkable historic district, and most pipe geothermal, mineral-rich water directly into private soaking tubs. Riverbend Hot Springs frames the Rio Grande and Turtleback Mountain from open-air tubs. La Paloma anchors the resort-style end of the local scene. The Geronimo Springs Museum, set in the middle of the same neighborhood, holds the largest prehistoric pottery collection in Sierra County, plus community meeting space and a working gift shop.
Elephant Butte Lake State Park, the largest in New Mexico, sits a short drive north for camping, marinas, and sandy-beach swimming. The unusual town name dates to 1950, when the place renamed itself after a national radio show. The median home price runs about $258,000, well over $130,000 below the New Mexico statewide median.
Taos
Taos sits at the cultural center of the Southwest. Centuries of Pueblo, Spanish Colonial, and artist-colony layers are visible in any single afternoon. The Harwood Museum of Art, founded in 1923, is the second-oldest art museum in the state. The Couse-Sharp Historic Site preserves the studios and paintings of the early-twentieth-century Taos Society of Artists. The Kit Carson Home and Museum, built around 1825 and now a National Historic Landmark, opens onto the Spanish Colonial and Territorial eras of the American West.
The Sangre de Cristo Mountains rise immediately east, holding the ski runs and aspen lines that color the town gold every October. The Taos Retirement Village handles full-service senior living with a steady calendar of activities. Median listings track higher than most towns on this list, reflecting Taos Pueblo’s UNESCO status and the cultural pull of the town itself.
Ruidoso
Ruidoso sits at 6,920 feet in the pine-covered foothills of Sierra Blanca. Cool summers and mild winters suit retirees who want mountain air without the harshest winter conditions. Outdoor recreation runs through daily life here. Ski Apache covers the higher elevation in winter, and alpine lakes like Alto Lake (one of only two area lakes that allows non-motorized boats) carry the warmer months. Elk wander through town.
Adobe Fine Art and the New Mexico Art Glass Center anchor a small but active gallery scene downtown. Blue Lotus Day Spa & Yoga handles massage, yoga, and holistic treatments at workable prices. Lincoln County Medical Center delivers regional care, and GoodLife Senior Living Ruidoso runs an engaged senior community on the south side. A clear-eyed note for any retiree weighing the move: Ruidoso has lived through real wildfire and flood events in recent years, and the housing market and insurance picture reflect that risk profile.
Corrales
Corrales sits twenty minutes from Albuquerque, the largest city in New Mexico with a population over 500,000. That proximity puts Presbyterian Hospital and the rest of the metro’s specialty care, dining, and cultural calendar inside an easy daily drive. Presbyterian Hospital ranks at the top end of New Mexico’s hospital systems on the U.S. News & World Report comparative scoring. The median resident age in Corrales sits around 57, and the village infrastructure matches that demographic.
Walkable streets connect the Corrales Community Library, the Corrales Bosque Gallery, and the Corrales Bosque Preserve, a stretch of cottonwood and willow along the Rio Grande. The village pace stays slow and residential, with horse pastures and orchards a few blocks from any house. That combination is rare in metro-adjacent New Mexico: rural texture without the rural drive to a hospital.
Grants
Historic Route 66 runs through downtown Grants. The New Mexico Mining Museum, which charges seniors around four dollars, displays mining equipment from the uranium boom that transformed this part of the state in the 1950s. The Cibola County History Museum covers the same era from a different angle, with Pueblo culture, frontier ranching, and railroading exhibits across themed rooms.
El Malpais National Monument lies just south of town, with lava-flow trails and volcanic features inside an easy day-trip radius. The Route 66 Drive-Thru Arch at the east entrance is the unofficial town photo. Bella’s Boutique downtown stocks accessible local goods. Median home prices around $175,000 sit at the lowest end of this list, and Albuquerque is about ninety minutes east when specialty needs come up.
Tucumcari
Tucumcari sits along the original Route 66 alignment, and the neon signs along Tucumcari Boulevard still light up at night. The bird-in-flight sign above the Blue Swallow Motel is the most photographed; the Blue Swallow has been a working motel since 1939 and stands as the unofficial signature of the town. Nearly a hundred murals across downtown walls turn most walks into a slow gallery loop. The Tucumcari Historical Museum, set in a 1903 schoolhouse, holds local artifacts organized by themed room.
The Mesalands Community College Dinosaur Museum runs one of the world’s largest bronze dinosaur skeleton collections, an unusual feature for a town this size. The Rockin’ Route 66 Festival in late June fills downtown with classic cars, live music, and roadside Americana. Median home prices run around $210,000.
Carlsbad
Carlsbad pairs an active downtown along the Pecos River with a regional hospital, median home prices around $330,000, and direct access to Carlsbad Caverns National Park half an hour south. Carlsbad Medical Center handles emergency and inpatient care for the region. Good Life Senior Living and Memory Care runs the assisted-living and memory-care side.
The Carlsbad Labyrinth at Riverview Park gives an easy daily walk along the water. Living Desert Zoo & Gardens State Park stretches over 1,200 acres of desert garden with animal exhibits and mountain views just at the edge of town. The Alejandro Ruiz Senior Center anchors the community side with weekday activities and a regular bingo night. That mix of price, healthcare, and natural-amenity access is what puts Carlsbad on this list.
Settling Into a New Mexico Retirement
Across these seven towns, the same trade keeps showing up. Lower housing costs. Regional rather than national hospital systems. An unhurried daily routine in a walkable historic district. Truth or Consequences and Grants run on the lowest budgets. Taos and Ruidoso carry higher costs but deliver more cultural and outdoor pull in return. Corrales offers metro-adjacent practicality. Tucumcari and Carlsbad sit in the middle on price with strong regional character. None of these towns require giving up a working hospital, a calendar of community events, or the New Mexico sky.
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