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Oregon judge denies DOJ request to dismiss lawsuit alleging government's negligence in addressing pollution

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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.

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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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Utah

Got cargo? Utah Highway Patrol, DPS want you to secure your load before you drive

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Got cargo? Utah Highway Patrol, DPS want you to secure your load before you drive


SALT LAKE CITY — The Utah Department of Public Safety is urging people to make sure items are safely secured to vehicles while traveling on Utah roads. Saturday marks the 10th annual National Secure Your Load Day, and DPS is using the occasion to remind motorists that securing cargo isn’t just the law — it saves lives.

So far this year, there have been over 130 debris-related crashes in Utah, which are dangerous for other drivers and troopers who have to retrieve that debris.

“Statewide, on average about 70 times a day, highway patrol gets called to respond to debris in the roadways, so that adds up to over 25,000 times per year that we’re having to respond to get items pulled out of the roadway that people have not secured,” said UHP Lt. Zach Randall.

Unsecured loads are a persistent hazard on Utah’s roads, contributing to more than 700 preventable crashes and traffic disruptions each year. While incidents have dropped 12% over the past five years, DPS said the risk remains high and urges drivers to take “full responsibility for their cargo” before hitting the road.

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Over the last five years, 17 fatalities have been caused by debris-related crashes.

Debris hazards can also cause serious injuries or deaths when striking vehicles, cyclists, or pedestrians, with DPS noting that such obstacles are often difficult to avoid safely, leading to sudden braking, swerving, and collisions.

Clearing debris can also slow traffic to a crawl. Interstate traffic is often halted entirely so crews can remove dangerous items from the roadway, adding delays and frustration for drivers.

Utah law carries fines between $200-1,000 for unsecured loads, and in severe cases, offenders can face penalties up to a Class A misdemeanor. Officials emphasize that a few minutes spent checking and securing cargo can prevent tragedy — and costly legal consequences.

Randall explained how it is important to use bungee cables, racket straps and rope to secure items to your car.

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“We have a blanket that you could wrap over and then a bungee or tie-down strap over top of that,” he said. “So with some loose items like wood, we tied them together so they’re not bouncing around the truck, being able to bounce out. You can use something like a plastic wrap or a cellophane wrap to tie those together so that they’re in one unit.”

DRIVEN TO CHANGE

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Washington

Ivey announces Alabama National Guard support for America250 events in Washington

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Ivey announces Alabama National Guard support for America250 events in Washington


MONTGOMERY, Ala. (WSFA) – A request was approved for the Alabama National Guard to support operations surrounding the America250 events in Washington, Gov. Kay Ivey announced Thursday.

“One month from today, our nation will mark 250 years of freedom. Without hesitation, the Alabama National Guard is proud to support America250 events,” Ivey said.

As the nation prepares to mark the 250th anniversary of American independence, 150 soldiers from the 123rd Quartermaster Company in Arab will assist with support operations connected to major public events in Washington, D.C.

The guard members will work alongside the D.C. National Guard and civil servants throughout the U.S. National Capital Region in coordination with the National Guard Bureau.

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“From the founding of our country to the freedoms we are still blessed to defend today, America’s 250th anniversary is a powerful reminder of the service and sacrifice that make greatness possible,” said Alabama National Guard Adjutant General Maj. Gen. David Pritchett.

The soldiers are expected to arrive in Washington before the 4th of July activities and serve a 90-day rotation.

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Wyoming

Wyoming lawmakers reject upfront bonding for industrial projects, advance state fund alternative

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Wyoming lawmakers reject upfront bonding for industrial projects, advance state fund alternative


CASPER, Wyo. — State lawmakers rejected a proposal to require industrial companies to post bonds for upfront impact assistance to local governments.

The Joint Minerals, Business and Economic Development Interim Committee let the draft bill die without a motion during its recent meeting. Lawmakers instead advanced an alternative that uses state funds to help communities facing financial strain from industrial projects before construction begins.

The defeated draft bill, 27LSO-0021, would have authorized prepayments to local communities, but it required the permit applicant to submit a bond to cover that amount.

Mills Mayor Leah Juarez told the committee the current system is broken because towns must wait for construction to start before receiving funds. She said Mills is waiting on hundreds of thousands of dollars for the delayed Dinosaur Solar Energy Project and Settler wind developments.

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“Mills can’t afford this. We can’t afford to keep shouldering this burden,” Juarez said.

She echoed earlier comments from Natrona County Commissioner Dave North that cities and towns often enter contracts for expensive equipment long before a project breaks ground. He called for upfront funding, specifically pointing to long lead times to purchase fire trucks and ambulances.

He said local governments just want an advance on future tax revenues.

“We are not asking for anything additional from the companies at this point in time,” he said, suggesting a prepayment of up to 50% might be appropriate rather than the 20% cap in the draft bill.

Rep. Jayme Lien asked the committee to mandate a 100% upfront bond.

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“Without adequate upfront resources, our citizens suffer things like overcrowded schools, strained emergency response, deteriorating roads, increased pressure on housing, infrastructure,” Lien said. “The upfront payment ensures accountability. If the project does not proceed responsibly, the bond is available to mitigate harm.”

Industry advocates and some lawmakers opposed the bonding suggestion. Holland & Hart LLP attorney Cindy DeLancey, who represents industrial clients, said Wyoming competes with neighboring states to attract large facilities.

“To add additional burdens in the process, additional costs … really undermines that position that we’re trying to signal to the world that we want business in Wyoming,” DeLancey said.

Rep. Christopher Knapp, R-Campbell County, said he was initially interested in the original bill but withdrew his support when the bonding requirement was introduced. He also spoke against the bill draft that provides upfront payments to local governments from state legislative reserve funds, thereby placing the risk on the state. The state would then recoup the funds through withheld payments once the project begins.

Knapp said the state shouldn’t bear the financial burden for speculative improvements or equipment, adding there are alternative funding avenues available to communities, such as the State Loan and Investment Board.

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“When it comes to a very specialized piece of equipment, often times industry themselves provide that equipment on site,” he said, citing Campbell County’s coal mines as an example.

Sweetwater County Rep. J.T. Larson said lawmakers shouldn’t fear investing in the state’s communities.

“If a project falls through, why are we afraid? We’re helping those local communities get something they need or replace something that they have needed to replace for many years,” he said.

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