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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

Arizona drops opening game of Oregon State series | ALLSPORTSTUCSON.com

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Arizona drops opening game of Oregon State series | ALLSPORTSTUCSON.com


Arizona’s second largest crowd of 4,600 (second largest of the year)watching the Wildcats in their 9-2 loss to Oregon State. (Arizona Athletics photo)

No. 14 Arizona (32-19, 19-9) opened their three game series at Hi Corbett Field against No. 6 Oregon State a game and a half ahead of the Beavers in the race for the final Pac-12 regular season championship.

By the end of Thursday night, that lead dwindled to a half-game as the Beavers(40-12, 18-9) used a five-run third inning to defeat the Wildcats 9-2 in the series opener.

“There was not a facet of the game I thought we did very well at all,” Arizona coach Chip Hale said. 

Aiden May, Oregon States starting pitcher, happens to be a familiar face for Arizona. The right hander transferred to Oregon State after spending the previous year with the Wildcats.

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May pitched 7 innings, had 7 strikes, allowing 6 hits and 2 runs (1 earned) to improve to 6-0 on the season.

Jackson Kent, Arizona’s starting pitcher, opened the game with a strike out of Oregon States lead-off batter and No.2 draft prospect Travis Bazzana on a 96-mph fastball.

Kent pitched two solid innings before the Beavers opened the dam in the third inning including two 2 RBI homers one by designated hitter Gavin Turley and the other by right fielder Brady Kasper.

“First inning he looked dynamite, 95.. his breaking ball was snapping, just ran into a buzz saw there, they did a great job. Haven’t had many of those starts obviously all year he’s been great.” Said Hale.

Arizona, already skinny in the outfield position, with Easton Breyfogle (hamstring) day-to-day and TJ Adams (shoulder) out indefinitely, lost another one when right fielder Emilio Corona was hit in the hand while up to bat in the second inning.

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Corona, in obvious pain, took the field in the third and fourth inning before getting pulled.

“The way it got so swollen so quick, it’s not good,” Hale said about Corona’s hand.

With Corona out, pitcher Casey Hintz may see some time in the outfield in Friday’s game.

Arizona’s first run came in the third inning when Brandon Rogers hit a single to the right side. A fielding error by Oregon State’s right fielder Brady allowed Rogers to show his speed, ending up safe at third base.

Richie Morales’ ground out brought Rogers across the plate.

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The Wildcats’ second and final score of the night came in the eight inning. Freshman first baseman Andrew Cain doubled down the first base line and Morales hit into a double play, advanced Cain home.

Arizona, needing one win against Oregon State to secure the Pac-12 regular season championship, will start Clark Candiotti on the mound Friday night.

Game two in the series will start at 6:00 p.m. at Hi Corbett Field.

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RJ Gordon, Mason Neville send No. 23 Oregon baseball past Washington State

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RJ Gordon, Mason Neville send No. 23 Oregon baseball past Washington State


In what was likely his final game at PK Park, Oregon’s RJ Gordon tossed a quality start and got enough run support to cruise to a series-opening win.

Gordon struck out six and allowed two runs on five hits, two walks and a hit batter over 6.0 innings and Mason Neville hit a pair of home runs with five RBIs in a 9-2 win for the No. 23 Ducks over Washington State Thursday night.

“I thought they played a complete game,” Oregon coach Mark Wasikowski said. “Got a good start from RJ Gordon, got some really clutch swings from Mason Neville. Some good at bats lead to Mason having the traffic on the bases to where those home runs counted for more than one run. Then late in the ballgame to have Jacob Walsh extend the lead with that single, the guy had to go for it. You can’t fault their player. The guy made a great effort on the play, and it got away from him. Didn’t make that play and we were able to get three on that big swing from Jacob.”



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Police seek info in poisoning of 3 wolves, 2 eagles, cougar, coyote, dogs in Oregon

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Police seek info in poisoning of 3 wolves, 2 eagles, cougar, coyote, dogs in Oregon


Officials are offering a $25,000 reward for information about the illegal poisoning of three gray wolves, two golden eagles and other wildlife in Wallowa County.

It’s the latest in a spate of poisonings that have killed 19 wolves since 2015 and even killed domestic dogs recently in Eastern Oregon.

“The target was likely a wolf, but the collateral damage in northeast Oregon’s ongoing poisoning cases now includes golden eagles, dogs, and other carnivores,” the Oregon Department of Fish and Wildlife said.

Oregon wolf population flat for fourth straight year

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Wolves, eagles killed in Eastern Oregon in February poisoning

In February and March, Oregon State Police located the remains of three wolves, two eagles and one cougar and coyote in the Lightning Creek drainage, a tributary to the Imnaha River about 11 miles northeast of Imnaha.

Testing and examinations concluded all were poisoned, a news release said.

Poisoning a wolf is a Class C Felony in Oregon, punishable by a $125,000 fine and up to five years in prison. Poaching federally protected wildlife such as golden eagles, or poaching multiple animals, also elevates the crime from a misdemeanor to a felony, according to new sentencing guidelines passed by the state Legislature in 2019.

The Fish and Wildlife Service is offering a $25,000 reward for any information that leads to an arrest, a criminal conviction or civil penalty assessment of the incident.

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Hunting preference points are also being offered for information in the case.

Oregon officials warn dog owners

State officials said anyone traveling with dogs in northeast Oregon’s national forests needs to keep their eyes out.

“Hikers, mushroom pickers, wildlife watchers, hunters and anglers should take steps to protect their pets when recreating in northeast Oregon,” the Oregon Department of Fish and Wildlife said.

Additional wolves, domestic dogs also killed in poisonings

In addition to the most recent incident, the OSP Fish & Wildlife Division is also asking for the public’s assistance in identifying those responsible for additional wolf, wildlife and deaths of domestic dogs in several other locations in Wallowa County.

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Police highlighted the following cases:

  • In July and October 2023, police responded to the unlawful take of two wolves poisoned in the Chesnimnus Wildlife Management Unit, approximately 30 miles northeast of Enterprise. Poisoning was determined to be the cause of death.
  • In April, police responded to the unlawful take of a wolf, which is suspected of being poisoned in the Wenaha Wildlife Management Unit, approximately 5 miles west of Troy.
  • In April, police responded to a domestic dog which was poisoned and within the Sled Springs Wildlife Management. This location is approximately 9 miles north of Enterprise. The poisoning was confirmed through a veterinary clinic.
  • In April, police responded to another domestic dog which is suspected of being poisoned within the Snake River Management Unit. This location is approximately 6 miles north of Imnaha. 

How to report information about the cases

Anyone with information about the cases can call the U.S. Fish and Wildlife Service at (503) 682-6131, or Oregon State Police Dispatch at (800) 452-7888, *OSP (*677) or email TIP@osp.oregon.gov. Callers may remain anonymous. To report a wildlife crime to the U.S. Fish and Wildlife Service, members of the public can also do so online at fws.gov/wildlife-crime-tips.

How to keep dogs safe

ODFW offered this advice on keeping pets safe from poison.

  • Keep your dog on a leash and under control. Don’t let them eat anything they find in the forest.
  • Learn what to carry to induce vomiting in your dog before venturing out — ask your veterinarian for advice. If you suspect that your pet may have been poisoned, visit a veterinarian immediately.  
  • Watch for dead birds or mammals (scavengers) which can indicate poison.
  • Know what a poisoned carcass looks like. This may be tricky to spot but watch for substances on the carcass that seem unnatural (powders or strange colors).
  • Be on the lookout for suspicious bait. An unnatural item in the woods such as a meatball or piece of steak could be an indicator that someone is trying to poison wildlife in the area.
  • Don’t approach anyone who you suspect of poisoning. Get some details such as license plate, description of vehicle and persons, date and time of the incident.

Cleanup from poisoning a challenge

ODFW received a mortality alert on Feb. 3 for a collared wolf in the remote Hells Canyon National Recreation Area.

Staff were able to confirm the breeding female of the pack was dead and later located the dead breeding male and a juvenile.

According to officials, ODFW and OSF Fish and Wildlife continued to find dead animals over the next several weeks including the golden eagles, cougar, coyote, dead Steller’s jay and black-billed magpie.

ODFW and OSP F&W found the source to be a cow carcass laced with poison in a creek in the Imnaha River drainage.

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Working with the Oregon Department of Environmental Quality, ODFW staff dressed in hazmat gear put the cow carcass on a tarp and into a net that was taken out of the creek by helicopter and then taken to a facility in Arlington to handle the toxic waste and dispose of it, according to officials.

“Northeast Oregon is known for its natural resources and outdoor opportunities, so it’s just terrible to have this going on,” said Bernadette Graham-Hudson, ODFW wildlife division administrator. “We hope whoever is poisoning wildlife is quickly caught and punished for the safety of people, wildlife, and pets in northeast Oregon.”

Zach Urness has been an outdoors reporter in Oregon for 16 years and is host of the Explore Oregon Podcast. Urness is the author of “Best Hikes with Kids: Oregon” and “Hiking Southern Oregon.” He can be reached at zurness@StatesmanJournal.com or (503) 399-6801. Find him on X at @ZachsORoutdoors.



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