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Biden-appointed judge delivers blow to climate lawsuit targeting gas stoves

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Biden-appointed judge delivers blow to climate lawsuit targeting gas stoves

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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.

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“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.

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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.”

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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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San Francisco, CA

Vigil held for 2-year-old girl killed in SF Mission Bay crash

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Vigil held for 2-year-old girl killed in SF Mission Bay crash


Walk SF and Families for Safe Streets held a vigil Monday evening to honor a 2-year-old girl who was struck and killed by a driver Friday night in San Francisco’s Mission Bay neighborhood.

The crash happened just before 9 p.m. at Fourth and Channel streets near Oracle Park. Police said the child’s mother was also injured and taken to a hospital with non-life-threatening injuries. The driver remained at the scene, and authorities said drugs or alcohol are not believed to be factors.

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Community heartbroken

Community members gathered at the intersection Monday to light candles and lay flowers. Among them was the Howard family.

“We’re just heartbroken and sad,” said Hidelisa Howard.

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“I was thinking about heartbroken parents, someone who cannot get their daughter back,” said John Howard.

The intersection is designated as part of San Francisco’s 2022 High Injury Network, identifying streets with the highest concentration of severe and fatal traffic crashes. Speed cameras were recently installed in the surrounding neighborhood.

Jodie Medeiros, executive director of Walk SF, called the crash a tragedy, noting a previous fatal collision involving a child at Fourth and King streets several years ago.

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Traffic intensifies

Parents in the area said traffic has intensified with nearby events and development.

“We love having people here in the neighborhood, and it’s brought a lot of life to the area,” said Hidelisa Howard, who lives nearby. “But at the same time, we have people coming in from out of the area. They’re not familiar with the streets, they’re running the lights, they’re running the crosswalks.”

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District 6 Supervisor Matt Dorsey said the intersection has been problematic.

“Sometimes people go too fast. I don’t know that this was the issue here, but we need to do everything we can to make our neighborhoods and our streets safer,” Dorsey said.

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On Monday, crews with the SFMTA repainted crosswalks and re-timed traffic signals at the intersection.

“It just feels like there’s so many young children in this neighborhood that there should be improvements made to the way that the traffic flows around here,” said Aanisha Jain, a San Francisco resident.

 

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Denver, CO

Denver bans federal law enforcement officers from covering their faces, DHS says it won’t comply

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Denver bans federal law enforcement officers from covering their faces, DHS says it won’t comply


Denver city leaders unanimously passed a ban on all officers, including Immigration and Customs Enforcement agents, from wearing face coverings while detaining or arresting people. That law also requires officers to wear visible identification.

It’s the second sweeping ordinance against federal officers in Denver in just a few days. Last Thursday, Mayor Mike Johnston signed an executive order banning federal immigration agents from operating on city property without a judicial warrant.

An federal immigration agent on Feb. 5, 2026 in Minneapolis.

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Stephen Maturen / Getty Images


 It also directs Denver police, deputies and fire personnel to investigate reports of violence and criminal behavior.

The Department of Homeland Security responded calling the executive order “legally illiterate,” adding, “no local official has the authority to bar ICE from carrying out federal law on public property … and while Mayor Johnston continues to release pedophiles, rapists, gang members, and murderers onto their streets, our brave law enforcement will continue to risk their lives to arrest these heinous criminals.”

DHS didn’t mince words when responding to Denver’s new face coverings ban either, saying in part, “To be crystal clear: we will not abide by a city council’s unconstitutional ban. Our officers wear masks to protect themselves from being doxxed and targeted by known and suspected terrorist sympathizers. Not only is ICE law enforcement facing a more than 1,300 percent increase in assaults against them, but we’ve also seen thugs launch websites to reveal officers’ identity.”

On the other hand, the Denver City Council didn’t mince words when it approved the ban.

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“It’s very disturbing to me, as an American, to see masked agents on the street,” said Councilman Kevin Flynn who represents District 2. “I don’t know what the best way is to enforce our immigration laws, but I think I know the worst way when I see it.”

“I said all along, this was a slam dunk,” added Councilman Darrell Watson of District 9.

Last month, a federal judge struck down a California law prohibiting federal agents from wearing masks. But, the city council says it made sure its ordinance is enforceable.

You have to treat all law enforcement the same,” said City Council President Amanda Sandoval. “So, our sheriffs can’t have masks. Our State Patrol can’t have masks. And federally you can’t have masks. And we delineate that within the ordinance which, that’s where California got the issue.”

Sandoval said she was monitoring the legal process and comparing the two ordinances to ensure they would be good to go.

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Although the city council believes the ordinance is constitutional, the Denver Police Department says it’s still working to determine what implementation could look like, and provided this statement to CBS Colorado:

“Our Safety departments are working with the City Attorney and bill sponsors to determine what implementation could look like. Of utmost importance is discretion and prioritizing de-escalation when encountering these situations. Our goal is to apply this ordinance in a way that builds trust and transparency without putting officers, deputies, or the public at risk.”

Coupled with the city’s new executive order, Sandoval believes Denver now has the necessary guidelines in place.

“A map for residents to understand predictability, and that’s what I always want, is what can the residents be able to rely on.”

There are exemptions in place for the ban, for example: during an active undercover operation, when gear is required for physical safety, and for personnel performing SWAT duties.

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Seattle, WA

Joey Daccord makes 35 saves as Seattle Kraken earn 2-1 win over Hurricanes

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Joey Daccord makes 35 saves as Seattle Kraken earn 2-1 win over Hurricanes


SEATTLE, WASHINGTON – MARCH 02: Andrei Svechnikov #37 of the Carolina Hurricanes shoots the puck during the second period of a game against the Seattle Kraken at Climate Pledge Arena on March 02, 2026 in Seattle, Washington.  (Christopher Mast / NHLI / Getty Images)

Joey Daccord made 35 saves and the Seattle Kraken survived a 6-on-4 penalty kill for the final 90 seconds for a 2-1 victory over the East’s top team in the Carolina Hurricanes on Monday night.

Kaapo Kakko and Ben Meyers each scored in the second period for the Kraken as they managed to beat a Hurricanes team that has the second-best record in the NHL, trailing only the Colorado Avalanche. The Kraken are now in a playoff spot by five points as they hold the No. 3 seed in the Pacific Division with 22 games to play.

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Nikolaj Ehlers scored the only goal of the night for the Hurricanes late in the second period, but Seattle was able to withstand Carolina’s offensive push in the final period to secure a second straight victory.

The Hurricanes are always a high-volume shooting team and Daccord faced plenty of chances. Carolina had 83 shot attempts to just 31 for the Kraken. Shots on goal were 36-15 in favor of the Hurricanes as well, but scoring chances were just 20-13 in Carolina’s favor as Seattle did a good job limiting the danger of the shots sent at Daccord.

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It was an eventful but scoreless first period between the two teams, with Carolina owning a 13-7 edge in shots. All three goals would come in the second.

Adam Larsson – who assisted on both goals for Seattle – deflected an Alexander Nikishin into the neutral zone to start a two-on-one rush chance for Kakko with Berkly Catton in support as Kakko ripped a shot through the armpit of Carolina goaltender Frederik Andersen for a 1-0 lead.

Kakko said he wanted to make the pass to Catton, but the lane was covered by Shane Ghostisbehere, so he elected to shoot.

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The Kraken earned a power play chance three minutes later on a tripping call against Eric Robinson. Carolina completely neutered the man-advantage for the first 90 seconds before the Kraken appeared to extend the lead.

With 15 seconds left on the power play, the Kraken rushed into the Hurricanes’ zone with Kakko finding a streaking Jaden Schwartz open on the back door for an easy finish behind Andersen. However, Carolina successfully challenged the goal for a missed offsides on Shane Wright that wiped out the goal.

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But the Kraken still managed to extend the lead soon after.

Jacob Melanson continues to be a spark plug for Seattle and helped restore the momentum immediately after the disallowed goal. On the shift coming out of the power play, Melanson delivered a big hit and connected with Adam Larsson on a breakout pass that sparked a rush. Ben Meyers crashed toward the net and was able to finish off his own rebound on a pass from Freddy Gaudreau to officially make it a 2-0 lead.

Melanson didn’t even get an assist out of the sequence, but was a big part of creating a goal for Seattle.

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After being extremely sharp defensively all night, Carolina finally pounced on an opportunity the Kraken were unable to turn away. Vince Dunn was just unable to control a loose puck in front of Seattle’s net as it landed on the stick of Nikolaj Ehlers instead, who snapped a shot past Daccord to make it a 2-1 game with 90 seconds left in the second period.

The Hurricanes took 32 shots in the third period as they attempted to find a tying goal, but only nine made it to Daccord, and he stopped them all. 

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Eeli Tolvanen was called for Seattle’s first and only penalty of the night – a holding call after breaking his stick – with 90 seconds left to play. With Andersen on the bench for a six-on-four chance for Carolina, Daccord stopped all three shots he faced to close out the win for Seattle.

The Source: Information in this story came from FOX 13 Seattle reporting.

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