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Attorney General Labrador Sues the EPA and Biden Administration to Stop New Rule Violating State Water Rights

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Attorney General Labrador Sues the EPA and Biden Administration to Stop New Rule Violating State Water Rights


[BOISE] – Idaho Attorney General Raúl Labrador, along with attorneys general from North Dakota, Alaska, Iowa, Nebraska, South Carolina, and South Dakota, sued the EPA and the Biden Administration to protect state rights over their water and wildlife resources.  Idaho and North Dakota are leading the coalition of states, which filed their complaint in the U.S. District Court in the District of North Dakota. 

The EPA’s new rule—dubbed the Tribal Reserved Rights rule—forces states to prioritize tribal claims over the rights of their citizens. The EPA claims authority under the Clean Water Act to require states to protect so-called “tribal reserved rights”—a concept that the federal government has never been able to consistently define—in designating uses for state waters and setting water quality standards. But as the name implies, the Clean Water Act is about preventing water pollution; it has nothing to do with guaranteeing alleged tribal rights involving state waters, like the right to ceremonial practices or the right to fish or hunt for preferred species at preferred levels.  The Final Rule clearly exceeds the authority established by Congress.

”The Biden Administration’s EPA must be held accountable for their unconstitutional overreach into the management of state resources and relationships,” said Attorney General Labrador.  “Idaho has 3100 miles of navigable waterways—more than any other state in the lower 48 and the CWA does not strip Idaho of its right to manage our rivers effectively. In fact, contrary to the EPA’s new rule, the CWA preserves state authority over its water resources.”  

The states are aggressively defending their rights and are asking the federal court to enjoin, and ultimately vacate, the new rule. Litigation is ongoing in this matter, so stay tuned.

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Idaho

Brush fire prompts GO NOW evacuations near Mesa in Adams County

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Brush fire prompts GO NOW evacuations near Mesa in Adams County


ADAMS COUNTY, Idaho — A brush fire burning near Old Highway 95 and Mesa prompted GO NOW evacuations, road closures and a power outage on Thursday in Adams County.

The Adams County Sheriff’s Office ordered people in the Mesa, Kilborn, Highland and Whitman areas to leave immediately.

Mesa Lane and Kilborn Lane have been closed, and officials are asking people to stay out of the area while firefighters work.

Idaho Power reported an outage between Mesa and Fruitvale Road and said crews are on scene.

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Officials said livestock threatened by the fire can be taken to the Adams County Fairgrounds.

The sheriff’s office said its business phone lines were temporarily unavailable, but 911 remained operational for emergencies. Officials later said the phone system was restored.





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Idaho Power crews respond to outage affecting 2,163 customers in Canyon County

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Idaho Power crews respond to outage affecting 2,163 customers in Canyon County


More than 2,000 Idaho Power customers in Canyon County are without electricity Wednesday evening as crews respond to an outage affecting Caldwell and Middleton.

Idaho Power reported the outage at 8 p.m. July 8, listing 2,163 customers impacted in the 83605, 83644 and 83687 ZIP codes.

The outage is expected to be resolved by 10 p.m. July 8; Idaho Power said a crew was dispatched and en route. The cause of the outage is not immediately known.



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Idaho man bit by rattlesnake in Northern California recovering

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Idaho man bit by rattlesnake in Northern California recovering


(KRON) — An Idaho man is recovering after a life-threatening rattlesnake bite during a family visit to Oroville, Northern California. Chris Howarth spent nearly two weeks in intensive care following the incident in his mother’s garden.

During his 12-day stay in intensive care, Howarth received 54 vials of anti-venom and multiple blood transfusions, split between six days at Oroville Hospital and six days after being flown to Stanford.

Six weeks after the incident, he is approximately 80% recovered.

Howarth initially believed the bites were a prick from a thorn or a “star thistle or one of those goat heads.” He described the sensation as feeling “like getting your blood drawn.”

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“I think I got bit twice. I said ‘ow’ again and ‘ow’ again. It almost felt like getting your blood drawn,” said Howarth. Howarth also noted he “didn’t hear it at all” when his father went to inspect the area and observed the snake shaking its tail without making noise.

As his wife drove him to the hospital, his condition worsened.

“On the way there, he was started kind of feeling some numbness and tingling in his mouth and his tongue so I knew we needed to get to the closest hospital,” said Jenny Howarth.

Howarth is still experiencing lingering effects from the bite, including swelling, soreness and fatigue.

“My leg is still kind of sore and tender, my ankle still swells, I barely got able to tie a shoe just a few days ago and also still having lingering effects of fatigue,” Howarth said.

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California’s Poison Control system has received 77 rattlesnake-related calls this year, with experts reporting encounters are occurring earlier and more frequently. Dr. Rafa Lima, an emergency physician at Kaiser Permanente in San Leandro, explained that rattlesnake venom “destroys local tissue and causes a lot of pain and swelling.”

Dr. Lima advised immediate medical attention for suspected venomous snake bites. “If you are bitten by a snake with a rattle or you suspect is venomous, you should really get care immediately,” Dr. Lima said.

He also dispelled common myths, stating, “There’s a common myth that you should just tourniquet up the wound and bind it and mobilize it, or even try to suck the venom out but all that does is delays the time to get treatment and the longer the venom is in the tissue, the worst prognosis.”

Howarth mentioned that the weather conditions were unexpected for a rattlesnake encounter.

“That day and even the day before, it kind of been cooler and it had been raining so we weren’t expecting to see a rattlesnake,” she said.

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Howarth hopes his experience highlights that rattlesnakes pose a risk in garden areas, not just hiking trails, even during cooler weather. Howarth hopes to return to work next week.

Those who want to donate to a GoFundMe set up for Howarth can do so here.

All facts in this report were gathered by journalists employed by KRON4. Artificial intelligence tools were used to reformat information into a news article for our website. This report was edited and fact-checked by KRON4 staff before being published.



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