West
Oregon judge denies DOJ request to dismiss lawsuit alleging government's negligence in addressing pollution
- A judge in Oregon has rejected a U.S. Department of Justice request to dismiss a 2015 lawsuit filed by young people.
- The lawsuit alleges that the federal government was aware of the dangers of carbon pollution but continued to support the fossil fuel industry.
- The plaintiffs in the Oregon case argue that the government violated young people’s constitutional rights to life, liberty and property.
A judge in Oregon has rejected a U.S. Department of Justice request to dismiss a 2015 lawsuit brought by young people that alleges the federal government knew the dangers posed by carbon pollution but that it has continued through policies and subsidies to support the fossil fuel industry.
U.S. District Court Judge Ann Aiken said the parties “do not disagree that the climate crisis threatens our ability to survive on planet Earth. This catastrophe is the great emergency of our time and compels urgent action.”
“While facts remain to be proved, lawsuits like this highlight young people’s despair with the drawn-out pace of the unhurried, inchmeal, bureaucratic response to our most dire emergency,” she wrote in her decision late last week.
OREGON APPEALS COURT INVALIDATES STATE CLIMATE PROTECTION PROGRAM RULES
In a statement, Julia Olson, an attorney with the group Our Children’s Trust representing the plaintiffs, said she expects a trial in the case later this year.
A view of the lecture is seen at the Department of Justice in Washington, DC. A judge in Oregon has rejected a U.S. Department of Justice request to dismiss a 2015 lawsuit filed by young people.
In a similar lawsuit in Montana, a judge last year ruled the Montana Environmental Policy Act violates the plaintiffs’ state constitutional right to a clean and healthful environment. The 1971 law requires state agencies to consider the potential environmental impacts of proposed projects and take public input before issuing permits. The state’s attorney general has appealed that decision.
OREGON POWER COMPANY TO PAY NEARLY $300 MILLION TO SETTLE LATEST LAWSUIT OVER 2020 WILDFIRES
The plaintiffs in the Oregon case argued the government has violated young people’s constitutional rights to life, liberty and property.
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Arizona
Arizona State Adds Mid-Season Game Changer: Euro Juniors Champion Albane Cachot
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18-year-old Albane Cachot from Toulouse, France, has joined the Arizona State University women’s swimming and diving team mid-season. The Dauphins Toulouse OEC (the same club that produced Léon Marchand) product wasted no time adapting to short-course yards, winning the 50/100/200 free events in her first meet at the Mona Plummer Aquatic Center.
Cachot made a name for herself in 2024, when she won the 50 free (25.45), 100 free (54.65), 200 free (1:59.18), and 50 fly (26.57) at the French Junior Championships in April. Two months later, she finaled in all four events at the French Elite Championships, placing 10th in the 50 free (25.43), 5th in the 100 free (54.61), 4th in the 200 free (2:00.34), and 7th in the 50 fly (26.95).
In 2025, she represented France at both the European Junior Championships in Šamorín, Slovakia, and the World Aquatics Championships in Singapore. At Euro Juniors, she won gold in the women’s 100 free, clocking a lifetime-best 54.17. She also finished 7th in the 50 free (25.48) and 7th in the 200 free (2:00.46), and 5th in the 50 fly (26.51, a PB). Cachot swam on 3 of France’s relays at World Championships (women’s 4×100 free, mixed 4×100 free, and mixed 4×100 medley). She earned a bronze medal for her prelims role in France’s mixed 400 medley relay, and she joined Beryl Gastaldello, Marina Jehl, and Marie Wattel in the women’s 400 free relay final that placed 5th with a national record-breaking time of 3:34.62.
In her short-course yards debut on January 3 at the dual meet with Grand Canyon, Cachot put up a team-leading time in the 50 free (22.43). She ranks 3rd in the 200 free (1:46.38) behind Jordan Greber (1:45.14) and Grace Lindberg (1:45.43) and 4th in the 100 free (49.11) behind Greber (48.81), Shane Golland (48.98), and Gerda Szilagyi (49.05). Greber, Lindberg, and Golland achieved their times during the CSCAA Dual Challenges.
The CSCAA challenge meets was also where ASU notched their fastest relay times of the season so far. Without speculating as to what her flying start times might be, it is clear that even her flat start SCY times would have lowered the Sun Devils’ free relay times by a couple of tenths in the 4×50 and 4×100 and by 3 seconds in the 4×200. And her converted LCM times would have been of even greater value.
Best SCY times:
- 50 free – 22.43
- 100 free – 49.11
- 200 free – 1:46.38
Best LCM times (converted):
- 50 free – 25.31 (22.08)
- 100 free – 54.17 (47.36)
- 200 free – 1:59.18 (1:44.48)
- 50 fly – 26.51 (23.25)
Cachot is joining Arizona State’s class of 2029 with Alexia Sotomayor, Bella Scopel Tramontana, Cali Watts, Eleaunah Phillips, Jessie Carlson, Marley Lovick, and Ursula Ott. Avery Spade was also new this season, transferring in from Indiana.
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California
Why California is keeping this unusual solar plant running when both Trump and Biden wanted it closed
The electricity it makes is expensive, its technology has been superseded, and it’s incinerating thousands of birds mid-flight each year. The Trump administration wants to see this unusual power plant closed, and in a rare instance of alignment, the Biden administration did, too.
But the state of California is insisting the Ivanpah power plant in the Mojave Desert stay open for at least 13 more years. It’s an indication of just how much electricity artificial intelligence and data centers are demanding.
Ivanpah’s owners, which include NRG Energy, Google and BrightSource, had agreed with their main customer, Pacific Gas & Electric, to end their contract and largely close Ivanpah. But last month, the California Public Utilities Commission unanimously rejected that agreement, citing concerns about reliability of the grid to deliver electricity. The decision will effectively force two of Ivanpah’s three units to remain running rather than shutting down this year.
PG&E and the federal government had argued that closing would save ratepayers and taxpayers money compared with paying for Ivanpah’s electricity until 2039, when the contract expires. But some experts and stakeholders agreed with the state’s call, noting that the troubled power plant is still providing electricity at a moment when the state has little to spare.
“We’re seeing massive electricity demand, especially from the great need for data centers, and we’re seeing grid reliability issues, so all in all, I think this was a wise move,” said Dan Reicher, a senior scholar at Stanford. “Having said that, I think reasonable people can differ on this one — it’s a closer call.”
Ivanpah was the largest plant of its kind in the world when it opened to great fanfare in 2014. The 386-megawatt facility uses a vast array of about 170,000 mirrors to concentrate sunlight onto towers, creating heat that spins turbines to generate electricity. This is known as solar thermal, because it uses the heat of the sun.
But the plant has been plagued by problems nearly from the start. The mirror-and-tower technology that once seemed so promising was outpaced by flat photovoltaic solar panels, which soon proved cheaper and more efficient and became the industry standard.
Ivanpah has no on-site battery storage, which means it mainly makes power while the sun is shining, and it relies on natural gas to fire up its boilers each morning.
The plant also developed a reputation as a wildlife killer, with a 2016 report from The Times finding about 6,000 birds die each year after colliding with Ivanpah’s 40-story towers — or from instant incineration when they fly into its concentrated beams of sunlight.
Mirrors await the sun on opening day at the Ivanpah Solar Electric Generating System in the Ivanpah Valley near the California/Nevada border February 13, 2014.
(Mark Boster / Los Angeles Times)
Despite these issues, the CPUC determined the facility must stay online to help the state meet “tight electricity conditions” expected in the coming years, including surging demand from data centers and artificial intelligence, building and transportation electrification, and hydrogen production. Ivanpah qualifies as clean energy and California has committed to 100% clean energy by 2045.
The state’s most recent Integrated Resources Plan, which looks ahead at how it will meet energy needs, “would dictate that Ivanpah should remain online in light of the current uncertainty regarding reliability,” the CPUC wrote in its December resolution.
The five-member decision came despite PG&E’s assertion ratepayers will save money if it closes, a conclusion generally supported by an independent review.
It also came despite support for Ivanpah’s closure from both the Biden and Trump administrations, which rarely converge on the issue of energy. Construction of the $2.2-billion plant was backed by a $1.6-billion federal loan guarantee that has not yet been fully repaid.
How much remains on that loan has not been made public, but an internal audit reviewed by The Times indicates it may be as much as $780 million.
In the final weeks of his term, Biden’s Department of Energy helped negotiate terminating the contract between PG&E and Ivanpah’s owners. Trump’s Department of Energy — which has been adversarial toward renewables such as wind and solar — urged California to accept that deal.
“Continued operation of the Ivanpah Projects is not in the interest of California or its customers, nor is it in the interest of the United States and its taxpayers,” Gregory Beard, a senior advisor with the Energy Department’s Office of Energy Dominance Financing, wrote in a Nov. 24 letter to the CPUC.
Yet the California agency pointed to Trump’s policies among its reasons for keeping Ivanpah open. Trump’s tariffs on steel and aluminum will increase prices for new energy technologies and could delay the expansion of the nation’s energy grid, the agency said. Trump also ended tax credits for solar, wind and other renewable energy projects in a move that could reduce up to 300 gigawatts of nationwide build-out by 2035, the CPUC said.
In August, Trump’s Interior Department effectively halted wind and solar development on federal land in favor of nuclear, gas and coal. That decision could affect Ivanpah, which sits on nearly 3,500 acres managed by the Bureau of Land Management near the California-Nevada border.
These “shifting federal priorities” are creating uncertainty in the market, the CPUC noted in its resolution. California ratepayers have already paid in excess of $333 million for grid updates to support the Ivanpah project, and terminating its contracts “risks stranding sunk infrastructure costs,” it said.
The Ivanpah Solar Electric Generating System concentrated solar thermal plant in the Mojave Desert in 2023.
(Brian van der Brug/Los Angeles Times)
Stanford expert Reicher, who also served at the Energy Department under the Clinton administration and as director of climate change and energy initiatives at Google, said from an energy perspective, the decision is sound.
“I lean toward keeping it online, running it well and making improvements, particularly as we face an electricity shortage the likes of which we haven’t seen in decades,” he said.
Reicher noted that while concentrated solar has fallen out of favor in the U.S., it was seen as an attractive investment at the time. Some places are still building concentrated solar facilities, among them China, Mexico and Dubai, and it can have some advantages over photovoltaics, he said. For example, many new concentrated solar facilities have a higher capacity factor, meaning they can generate electricity more hours of the year.
Stakeholders such as Pat Hogan, president of CMB Ivanpah Asset Holdings and an early investor in the plant, also applauded the CPUC decision. While Ivanpah has never operated at its target of 940,000 megawatt-hours of clean energy per year, it is still providing electricity, he said. The plant produced about 726,000 MWh in 2024, the most recent year for which there are data, according to the California Energy Commission.
“It doesn’t operate at the optimum performance that was originally modeled, but it still generates electricity for 120,000 homes in California,” Hogan said.
Hogan said terminating the power purchase agreements would leave investors and taxpayers in the dust, benefiting the utility company and the plant owners. The plan would have converted a “partially performing federal loan into a near-total loss event,” he wrote in a formal complaint filed with the Energy Department’s Office of the Inspector General.
Others said solar photovoltaic and battery storage are the best, most cost-effective way to secure California’s energy future. The state has invested heavily in both, but Gov. Gavin Newsom’s administration and the CPUC should work to ensure more are brought online quickly, said Sean Gallagher, senior vice president of policy at the Solar Energy Industries Assn., a national trade group.
At the same time, bureaucrats in Washington, D.C., should work to stop the federal solar slowdown, which has placed an estimated 39% of California’s planned new capacity for the next five years in “permitting limbo,” Gallagher said.
“The CPUC’s decision highlights the precarious energy position California is in, with electricity prices and electricity demand rising at historically fast rates,” he said.
But Beard, of the Energy Department, criticized the agency decision as a “continuance of California’s bad policies that drive up energy bills.”
“California’s decision to keep this uneconomic and costly resource open is bad for taxpayers and worse for ratepayers,” Beard said in a statement to The Times.
He declined to say whether the federal government plans to appeal the decision, but said his office “has been working closely with the parties involved to ensure maximum repayment of U.S. taxpayer dollars while driving affordability through customer savings.”
For its part, PG&E said the company is now evaluating next steps.
Thousands of software-controlled heliostats concentrate the sunlight on a boiler mounted on a series of three towers at the Ivanpah power plant in 2014.
(Mark Boster / Los Angeles Times)
“Ending these agreements would have saved customers money compared to the cost of keeping them for the remainder of their terms,” spokesperson Jennifer Robison said in an email.
NRG spokesperson Erik Linden said Ivanpah’s ownership has continued to invest in the facility and “remains steadfast in its commitment to providing reliable renewable energy to the state of California.” The existing power purchase agreements remain in effect and the plant will operate under their terms for the duration of the agreements, he said.
It’s not the first time California has delayed the retirement of a power facility over concerns about system reliability. Last month, the California Coastal Commission struck a landmark deal with PG&E that will extend the life of the Diablo Canyon nuclear power plant in San Luis Obispo until at least 2030. It was originally slated to close last year.
Colorado
Bennett Zmolek’s first goal in four years sparks UND past Colorado College
COLORADO SPRINGS, Colo. — There was no elaborate celebration from Bennett Zmolek.
In fact, he didn’t even see it go in.
“I saw Resch coming at me,” Zmolek said of teammate Cole Reschny. “I was like, I guess it went in.”
Zmolek scored his first goal in nearly four years to help UND beat Colorado College 5-2 on Saturday night in Ed Robson Arena.
His last goal was Jan. 20, 2022, when he was a freshman at Minnesota State against St. Thomas. That was 1,450 days and three hip surgeries ago.
With the game tied 1-1 in the second period, Zmolek spotted open ice on the right side of the rink and pinched from his defensive spot. Reschny made a cross-ice pass and Zmolek one-timed it five-hole on Tiger goalie Kaidan Mbereko.
“I’d say huge props to Resch,” Zmolek said. “He set it all up. I just had to tap it in.”
Teammate Dylan James grabbed the puck for Zmolek to keep.
“So proud of him,” James said. “Obviously, he’s been through a lot these past couple years. He’s played minimal games the last two years and he was voted captain. That shows what kind of guy he is. He’s the rock of our team. It’s very special seeing him get his first in a UND jersey.”
Zmolek’s teammates celebrated the goal more than he did.
“We were all screaming on the bench,” forward Anthony Menghini said. “He’s such a great leader, such a great captain, does all the right things. For him to put it in the net was huge.”
Daryl Batt / Colorado College athletics
UND also received goals from James, Tyler Young, Abram Wiebe and Reschny. James and Reschny tallied assists and had two-point nights, while Menghini notched two assists.
UND (17-5) took four points from the weekend after losing Friday’s series opener 3-2 in overtime.
The Fighting Hawks finally got to Tiger goalie Kaidan Mbereko, who had won six in a row against UND. Mbereko gave up four goals on 24 shots before leaving with an apparent injury in the third period.
“I don’t believe our record is great against CC, but this team is different,” James said. “It feels great to bounce back from yesterday and get a win.”
The Fighting Hawks sit atop the National Collegiate Hockey Conference standings, five points ahead of Denver. The Pioneers come to Ralph Engelstad Arena next weekend.
“Their coach. . . I have a lot of respect for Kris Mayotte,” UND coach Dane Jackson said. “He kind of mentioned that he really thought our North Dakota mentality was evident this weekend. That was pretty nice for him to say.”
Jan Špunar, starting on consecutive nights for the first time since Dec. 5-6 at St. Cloud State, stopped 19 of 21. He allowed a pair of goals to defenseman Mats Lindgren, a midseason pickup from the ECHL.
But the night belonged to Zmolek.
After the game, Zmolek was asked what he remembered about his last goal.
“St. Thomas, right?” he said. “Their old barn. Low blocker.”
That goal came at the end of the 2021-22 season. Zmolek missed nearly the entire 2022-23 season due to hip surgery.
He transferred to UND in the summer of 2023, and helped anchor UND’s defensive corps to a Penrose Cup in 2023-24. He missed all but one game last year with another hip surgery.
“I’m so happy for him,” Jackson said. “It was a great read, a great pass and he got a lot of wood on it. It was really a high-skill play. The guys are so happy for him. He’s such a leader for us in so many ways. Obviously, most of the time it’s with his defensive play and penalty killing and everything else. But to see him bring out the offense in a big moment, I was just so happy for him. He’s a warrior.”
Notes: UND wore its black jerseys. It is 4-1 in the black jerseys this season. Colorado College wore gold. . . UND played without Josh Zakreski (lower body) and Cody Croal (illness). The Fighting Hawks moved Jayden Jubenvill into the lineup for Sam Laurila. . . Colorado College played without forward Owen Beckner (upper), forward Brandon Lisowsky (lower), defenseman Max Burkholder (lower) and defenseman Colton Roberts (upper).
Schlossman has covered college hockey for the Grand Forks Herald since 2005. He has been recognized by the Associated Press Sports Editors as the top beat writer for the Herald’s circulation division four times and the North Dakota sportswriter of the year twice. He resides in Grand Forks. Reach him at bschlossman@gfherald.com.
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