The Confederated Salish and Kootenai Tribes joined six other tribes in defense of a new federal rule protecting their water rights in court.

The rule requires states to consider tribes’ fishing, hunting and gathering rights while crafting water regulations.

Twelve states sued the U.S. Environmental Protection Agency over the rule, which was finalized earlier this year.

Montana is not part of the lawsuit. Those states argue the federal government oversteps its power under the Clean Water Act and would severely limit their ability to craft water standards.

Seven tribes have filed a motion to intervene in the case. They say the rule is key to protecting “reserved rights,” which gives tribes the ability to hunt, fish and gather on lands they ceded to the federal government through treaties.

The tribes say the rule is within the EPA’s authority as it ensures treaties are adhered to.

While last week’s debate prompted further concerns about President Joe Biden’s cognitive fitness among pundits and some national Democrats, both Nevada Democrats and Republicans are shying away from the topic on the campaign trail.

Debates and campaign events usually have only temporary effects, according to Dan Lee, a political science professor at UNLV. Polls might change, but the effects dissipate over a couple of weeks, he said. Bigger predictors of election outcomes are partisanship and the state of the economy, he said.

But last week’s debate is different, Lee said. It was not like Biden gave a bad answer; rather, it brought up questions about his ability to be president, he said.

“Debates tend not to have lasting effects, but because this debate was more, you know, highlighting his perceived shortcomings in terms of his cognitive capabilities, that’s kind of something that could stick and what Democrats are worried about,” Lee said.

Voters have long expressed their concerns about both presidential candidates’ ages and ambivalence over the rematch. The debate heightened those concerns. A recent CBS News poll, for instance, found that 72 percent of 1,130 registered voters surveyed — including many Democrats — do not think Biden has the mental and cognitive health to serve as president. The poll had a margin of error of plus or minus 4.2 percentage points.

Texas Rep. Lloyd Doggett became the first Democratic lawmaker to publicly call on Biden to withdraw from the 2024 election. He cited multiple polls showing Biden running substantially behind Democratic senators in key states.

“I had hoped that the debate would provide some momentum to change that,” he said in a statement Tuesday. “It did not. Instead of reassuring voters, the President failed to effectively defend his many accomplishments and expose Trump’s many lies.”

Nevada campaigning to shy away from cognitive concerns

Nevada Democrats, however, are sticking with the president — though Sen. Jacky Rosen and other candidates have been maintaining a distance from the president, who has not polled well in Nevada — and the Nevada Republican Party does not plan to focus on Biden’s health as a top campaign strategy.

The state’s Democrats have been focusing on the actions the Biden administration has taken, from investing in affordable housing and infrastructure and trying to lower health care costs.

Democratic Rep. Dina Titus, who has campaigned for Biden and was named to his re-election advisory board, stands by the president.

“I’ve known him, I’ve supported him, I’ve worked with him for a long time,” Titus said. “And do I wish he’d have been stronger? Of course. Do I wish he’d have called out the lies better? Yes. Do I wish he’d focused on all the good things the Democrats have done under his leadership? Yes. But you’ve got to remember, you can’t just focus on the superficial.”

Instead, you have to focus on the substance, she said.

“You play the hand you’re dealt, and that’s what we’re going to do,” she said. Democrats’ goal is to show Nevadans who Biden really is and what he’s accomplished.

A spokesperson for Sen. Jacky Rosen’s campaign painted the election as a choice between an administration “focused on lowering costs, growing the middle class, and restoring reproductive freedom” and “Trump’s MAGA agenda,” while distancing her from the president.

“Senator Rosen is focused on her own reelection campaign and continuing her track record as one of the most bipartisan, independent, and effective Senators,” the spokesperson said in a statement.

‘Feel sorry’

Nevada GOP Chairman Michael McDonald told the Review-Journal he felt sorry for Biden.

“I know he had a bad night, but I think it’s deeper than that,” he said Monday. “I feel sorry for his family. It’s a major concern of who is running the country right now.”

That said, the Republican Party won’t focus on those cognitive concerns at a state level, said McDonald, who took on the role as senior campaign adviser for the Trump campaign.

Rather, McDonald said, the party will push on Trump’s record of helping working people and will highlight his plans and outlook for the future.

“We’re going to show the difference between the two,” he said.

Contact Jessica Hill at jehill@reviewjournal.com. Follow @jess_hillyeah on X.

WEST TEXAS, Texas (KOSA) – A controversial nuclear waste storage proposal is facing significant opposition in the Permian Basin, particularly in New Mexico.

Background and Legal Battle:

The federal government is prohibited by law from engaging in temporary storage of nuclear waste without a permanent disposal plan. However, private companies like Holtec International have found a loophole that allows them to take on this responsibility. Holtec and the NRC have appealed to the U.S. Supreme Court to reinstate their storage license despite regional opposition.

Holtec’s Chief Communications Officer stated:

“The Fifth Circuit’s ruling that the NRC was not authorized to license and regulate nuclear fuel storage is like saying OSHA is unqualified for worker safety, the FAA for aviation safety, and the EPA for environmental safety. We urge the Supreme Court to overturn the Fifth Circuit’s legally unsound position.”

Local Opposition:

This move has sparked outrage and concern among residents and stakeholders in the Permian Basin, who argue that their voices and way of life are being ignored. Monica Perales, counsel for the Permian Basin Coalition, said, “This federal agency, the Nuclear Regulatory Commission, is acting like a rogue agency. They’re interpreting the law and deciding it’s within their power to issue a license to allow private companies to consolidate all of America’s spent nuclear fuel and store it in the Permian Basin.”

Environmental and Health Risks:

The Permian Basin Coalition, made up of ranchers, oil and gas operators, and local landowners, has taken their fight to the Supreme Court in hopes of stopping Holtec’s plan. They argue that allowing private companies to store nuclear waste indefinitely without a permanent disposal solution is illegal and poses significant environmental and health risks.

The coalition has raised over 100 contentions against the site, citing seismic risks, constant oil and gas activity in the region, corrosive dust and salt that can lead to corrosion at cracks in the stainless steel canisters, and the potential for dangerous releases of radioactive material. Monica Perales noted, “As these canisters travel on the rail line across the country, all destined for the Permian Basin, they are going ‘bumpity bump’ and developing cracks. Cracks that can’t be fixed, cracks that will corrode, and cracks that will eventually lead to release. Maybe not in my lifetime, maybe not in my son’s lifetime, but eventually, because this remains deadly for hundreds of thousands of years.”

The NRC has acknowledged that it has not solved the problem of chloride-induced stress corrosion cracking in the canisters but has still pushed forward with the licensing process. Holtec and the NRC argue that the storage is temporary, but opponents point out that there is no defined end date for the storage and no permanent disposal site available.

Future Implications:

The Supreme Court’s decision could have far-reaching implications for nuclear waste storage policies and the safety of communities across the country. CBS7 will continue to follow this story closely and bring you updates as they become available.

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