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Appeals court rejects climate change lawsuit by young Oregon activists against US government

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Appeals court rejects climate change lawsuit by young Oregon activists against US government


SEATTLE – A federal appeals court panel on Wednesday rejected a long-running lawsuit brought by young Oregon-based climate activists who argued that the U.S. government’s role in climate change violated their constitutional rights.

The 9th U.S. Circuit Court of Appeals previously ordered the case dismissed in 2020, saying that the job of determining the nation’s climate policies should fall to politicians, not judges. But U.S. District Judge Ann Aiken in Eugene, Oregon, instead allowed the activists to amend their lawsuit and last year ruled the case could go to trial.

Acting on a request from the Biden administration, a three-judge 9th Circuit panel issued an order Wednesday requiring Aiken to dismiss the case, and she did. Julia Olson, an attorney with Our Children’s Trust, the nonprofit law firm representing the activists, said they were considering asking the 9th Circuit to rehear the matter with a larger slate of judges.

“I have been pleading for my government to hear our case since I was ten years old, and I am now nearly 19,” one of the activists, Avery McRae, said in a news release issued by the law firm. “A functioning democracy would not make a child beg for their rights to be protected in the courts, just to be ignored nearly a decade later. I am fed up with the continuous attempts to squash this case and silence our voices.”

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The case — called Juliana v. United States after one of the plaintiffs, Kelsey Juliana — has been closely watched since it was filed in 2015. The 21 plaintiffs, who were between the ages of 8 and 18 at the time, said they have a constitutional right to a climate that sustains life. The U.S. government’s actions encouraging a fossil fuel economy, despite scientific warnings about global warming, is unconstitutional, they argued.

The lawsuit was challenged repeatedly by the Obama, Trump and Biden administrations, whose lawyers argued the lawsuit sought to direct federal environmental and energy policies through the courts instead of through the political process. At one point in 2018, a trial was halted by U.S. Supreme Court Chief Justice John Roberts just days before it was to begin.

Another climate lawsuit brought by young people was successful: Early this year the Montana Supreme Court upheld a landmark decision requiring regulators to consider the effects of greenhouse gas emissions before issuing permits for fossil fuel development.

That case was also brought by Our Children’s Trust, which has filed climate lawsuits in every state on behalf of young plaintiffs since 2010.

Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

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Oregon joins multistate lawsuit seeking to block Warner Bros.-Paramount merger

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Oregon joins multistate lawsuit seeking to block Warner Bros.-Paramount merger


Oregon Attorney General Dan Rayfield and attorneys general from 11 other states filed a lawsuit Monday seeking to block Paramount Skydance Corp.’s proposed $110 billion acquisition of Warner Bros. Discovery, arguing the merger would reduce competition and ultimately raise costs for consumers.

The lawsuit, filed in the U.S. District Court for the Northern District of California, alleges the merger violates the Clayton Act by substantially lessening competition in the film and television industries.

California, Arizona, Colorado, Connecticut, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York and Washington are the other states involved in the lawsuit.

The coalition said it is prepared to seek a temporary restraining order if the companies do not pause the deal as the case moves forward.

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“If this massive corporate merger is allowed to go through, Oregonians will pay the price – through higher bills, fewer jobs, less choice at the box office, and fewer editorial voices,” Rayfield said in a press release on Monday. “Despite the federal regulators rubber-stamping this bad deal, we’re stepping up to protect families, small businesses, and Oregon’s film industry.”

READ ALSO | Warner Bros shareholders back $81B Paramount takeover in preliminary vote

According to the lawsuit, the combined company would control nearly one-third of U.S. theatrical film distribution and basic cable programming. The states argue the merger would eliminate competition between two of Hollywood’s five major film distributors and two of the nation’s five largest basic cable companies.

The complaint alleges the merger would reduce competition in theatrical film distribution, blockbuster movie releases and licensing basic cable television channels.

The filing follows Oregon’s investigation into the proposed merger. In early July, Rayfield asked a Multnomah County judge to compel Paramount to produce records the state said it had sought since June, including documents related to the company’s lobbying of the White House and U.S. Department of Justice.

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“Paramount has already shown that they think they’re above the law by refusing to comply with Oregon’s investigation,” Rayfield said. “This litigation is the next step to protect Oregonians before irreparable harm is done.”

The U.S. Justice Department isn’t challenging the deal — and instead released an unusually lengthy statement in support, maintaining a Paramount-Warner combo would “increase competition across the media and entertainment ecosystem, with benefits for American consumers and workers,” according to a report from the Associated Press.

In a statement sent out on Monday, Paramount said the lawsuit “distorts settled antitrust law” and maintained its merger would create a “stronger competitor against dominant streaming and technology platforms who have harmed the market for theatrical exhibition and jobs in the entertainment industry.” Paramount went on to say it will “vigorously defend” the transaction.



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East Evans Creek Fire grows to 3,154 acres

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East Evans Creek Fire grows to 3,154 acres


Firefighters working the East Evans Creek Fire about seven miles west of Shady Cove continued making progress overnight, but predicted windy conditions are expected to test fire lines as crews push to strengthen containment.

The Oregon Department of Forestry’s Southwest Oregon District said the fire was estimated at 3,154 acres as of Sunday, July 12, with 0% containment.

Fire activity increased Saturday evening as gusty winds, dry fuels and steep terrain contributed to more active fire behavior. Coordinated ground and aerial suppression efforts limited significant growth, with air tankers used extensively to slow the fire’s spread and helicopters making water drops to cool hotspots and support firefighters in difficult terrain.

On Sunday morning, crews took advantage of more favorable conditions created by an inversion and moderate overnight relative humidity recovery. Firefighters are working to strengthen containment ahead of critical fire weather expected from Sunday into early next week. Winds were expected to gust up to 30 mph Sunday afternoon, with elevated fire weather concerns continuing through the weekend and the potential for thunderstorms on Monday. Aerial suppression operations were expected to be limited Sunday morning by the inversion but remain available as visibility improves and conditions allow.

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Structural resources remained in place to protect threatened residences, with structural firefighters focused on protecting homes and critical infrastructure and improving defensible space around threatened properties. Wildland firefighters continued working at the fire’s edge where possible. In areas of extreme and steep terrain, crews also opened alternate lines from previous fires as a precaution in case direct line construction along the fire’s edge is not possible.

The fire started Friday afternoon at 2:41 p.m. after a car crashed into a power pole, sparking dry vegetation, according to ODF. The Jackson County Sheriff’s Office is investigating the cause of the crash.

Evacuation notices remained in effect Sunday for areas surrounding the fire, issued by the Jackson County Sheriff’s Office and Emergency Management.

Level 3 – Go Now: JAC-148A. All residences adjacent to East Evans Creek Road from 19385 through 21899 are included, along with residences at 21612 Antioch Road and 21615 Antioch Road.

Level 2 – Be Set: JAC-016, JAC-124, JAC-147 and JAC-148B.

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Level 1 – Be Ready: JAC-003, JAC-004, JAC-017, JAC-026, JAC-036, JAC-109, JAC-126 and JAC-149B.

Evacuation areas can be seen on a map through genasys.com. Users can plug in their address and see whether they are within an evacuation zone.

An evacuation shelter for residents and domestic pets was established at Hanby Middle School, 806 6th Ave., Gold Hill.

Horses can be taken to The Expo at 21 Penninger Road, Central Point, but owners are asked to call 541-776-7206 first to confirm space is available. The Josephine County Fairgrounds can take pigs, goats and smaller animals at 1451 Fairgrounds Road, Grants Pass.

For livestock sheltering assistance, call 541-776-7206.

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Traffic was closed to the public on East Evans Creek Road at Meadows Road. Officials asked the public to avoid the fire area to allow firefighters and heavy equipment to operate safely.

A temporary flight restriction was in place for the fire area daily, 24 hours a day, until further notice. Officials warned that flying a drone near or around a wildfire is illegal and can interfere with firefighting operations.



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Evacuation orders in effect as Olive Butte Fire bears down on small city

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Evacuation orders in effect as Olive Butte Fire bears down on small city


Evacuation orders in effect as Olive Butte Fire bears down on small city – OPB

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