Canary Media Inc.’s Post

Utah Lawmakers' Anti-Federal Stance Clashes with Clean Power Initiative Utah lawmakers hastily approved resolutions aiming to exempt the state from federal laws they disagree with, a move criticized as disregarding the Constitution. Despite this stance, Utah officials have showcased support for a clean power initiative, displaying a shift towards environmental responsibility and sustainability. This clash highlights the balance between state autonomy and federal regulations, emphasizing the need for cohesive environmental policies and legal frameworks to address pressing issues such as clean energy and conservation efforts. Utah’s legislative decisions reflect a broader national discourse on states' rights, environmental governance, and the importance of collaborative efforts to combat climate change and uphold constitutional integrity. #StateAutonomy #CleanPowerInitiative #EnvironmentalPolicy #ClimateAction #FederalRegulations Utah Lawmakers Clean Power Initiative State Autonomy vs Federal Regulations Environmental Governance Climate Change Legislation Read more posts by me on Clans.AI #Clans.AI

California gets a step closer in protecting the right to a healthy environment. California is taking significant strides towards embedding environmental rights into its state constitution with the proposed Assembly Constitutional Amendment 16 (ACA-16), also known as the California Green Amendment. Championed by Assembly member Isaac Bryan (D-Los Angeles), this amendment seeks to guarantee the right to clean air, clean water, and a healthy environment for all Californians. Key Details: - Objective: To enshrine environmental rights in the California Constitution, ensuring long-term protection against pollution and environmental degradation. - Legislative Progress: As of May 2024, ACA-16 is under review by the Assembly Appropriations Committee. If it passes the Assembly and Senate with a two-thirds majority, it will be on the November ballot for voter approval. - Support and Rationale: Proponents argue that this amendment is crucial for maintaining environmental protections, particularly against potential federal rollbacks. Assemblymember Bryan points out that while California is a climate leader, it lacks the constitutional protections found in states like New York and Pennsylvania. Implications: - Stronger Legal Standing: The amendment would enable Californians to hold polluters and government agencies accountable through the courts. - Enhanced Regulations: Stricter environmental regulations and enforcement could result, fostering a healthier environment.. Comparative Context: - Other States: New York passed a similar amendment in 2021. Pennsylvania and Montana have had constitutional environmental protections for over 50 years. Other states, including Florida, New Jersey, and Washington, have introduced but not yet passed similar measures. Next Steps: Californians may have the opportunity to vote on ACA-16 in November 2024. This historic amendment could set a precedent for environmental rights across the nation. #EnvironmentalRights #California #GreenAmendment #CleanAir #CleanWater #Sustainability #ClimateAction

As expected*, the office of Montana's Attorney General is appealing the landmark judgment in Held v. Montana. *This is the quote from the Montana Attorney General Spokesperson, Emily Flower, immediately following the ruling: "This ruling is absurd, but not surprising from a judge who let the plaintiffs’ attorneys put on a weeklong taxpayer-funded publicity stunt that was supposed to be a trial. Montanans can’t be blamed for changing the climate — even the plaintiffs’ expert witnesses agreed that our state has no impact on the global climate. Their same legal theory has been thrown out of federal court and courts in more than a dozen states. It should have been here as well, but they found an ideological judge who bent over backward to allow the case to move forward and earn herself a spot in their next documentary." Not exactly holding back! We shall wait to see what legal arguments are put forward by the AG in the appeal. Here's a link to our summary of the first instance judgment: https://lnkd.in/e64UGB67 #climatechange #climaterisk #climatedisputes #DACB

Supreme Court set for pivotal cases that could claw back federal administrative power BY RACHEL FRAZIN AND ZACH SCHONFELD - 01/14/24 5:00 PM ET Illustration / Samantha Wong; Adobe Stock The illustration shows a gavel centered between an image of experts on the left and an image of the Supreme Court on the right. The Supreme Court will hear a dispute this coming week that could dramatically claw back the power of federal agencies, putting a number of consumer and environmental protections in jeopardy. The Supreme Court will hear a dispute this week that could lead to a decision dramatically clawing back the power of federal agencies, putting a number of consumer and environmental protections in jeopardy. At issue is whether courts should defer to interpretation by federal agencies when a law could have multiple meanings, a practice known as Chevron deference. In practical terms, this means the court is considering whether to weaken the ability of a presidential administration to put forward regulations meant to counter pollution or climate change or to protect consumers without clearer authorization from Congress. Such a feat would advance a long-sought goal of anti-regulatory interests, whose hopes are bolstered by some conservative justices’ recent skepticisms of Chevron. It is one of multiple, major cases at the high court this term implicating the administrative state. “This is a campaign to weaken government’s ability to protect you from these kinds of modern dangers whether they’re to your health through unsafe air or water or … through unsafe drugs or food or whether it’s your financial security,” said David Doniger, senior strategic director for the Natural Resources Defense Council’s (NRDC) climate and clean energy program. “Those protections require a government with some capacity to effectively respond, and this case is about destroying that capability,” Doniger added. The Chevron deference originated from a case argued by Doniger himself during the Reagan administration. A bedrock of administrative law, the nearly 40-year-old precedent has given federal agencies wide latitude to enact regulations in areas where a law set by Congress was ambiguous.

"‘This is a monumental decision." For the first time in history, a Montana state court decided in favor of young people who alleged the state violated their right to a “clean and healthful environment” by promoting the use of fossil fuels. This ruling could impact how other judges handle similar cases in other states. What do you think about this historic ruling? #ClimateAction #ClimateChange #HeldVMontana

The manner in which SCOTUS rules on this could start the reining in of the bureaucratic state. The Supreme Court will hear a dispute this week that could lead to a decision dramatically clawing back the power of federal agencies, putting a number of consumer and environmental protections in jeopardy. At issue is whether courts should defer to interpretation by federal agencies when a law could have multiple meanings, a practice known as Chevron deference. In practical terms, this means the court is considering whether to weaken the ability of a presidential administration to put forward regulations meant to counter pollution or climate change or to protect consumers without clearer authorization from Congress. #bureaucracy #regulatorycompliance #regulation #bureacrats #government #overreach

A Montana judge has ruled that the state's continued development of fossil fuels violates a constitutional clause guaranteeing citizens the right to a clean and healthful environment. While this ruling won't outright prevent fossil fuel activities, it will overturn a law prohibiting state agencies from considering pollution when permitting such projects. The decision marks a significant victory for young climate advocates and sets a potential legal precedent for climate litigation. https://ow.ly/YQpn50PzmKU #ClimateTrial #EnvironmentalRights #ClimateLitigation

🚨 Flying under the radar in today's news after the depressing presidential debate last night, one of the largest tools in the climate, environmental and human health toolbox was ruled unconstitutional by the Supreme Court today. With terrible consequences for environmental regulation in the US, the Supreme Court overruled the #ChevronDoctrine. In a nutshell, this doctrine kept the rule-making around policy, especially for health and environment, in the hands of expert civil servants who wrote these rules to the best of their ability and expert knowledge, regardless of the party in power. This now shifts the ultimate approval of the rules for legislation away from experts in entities like the EPA and DHHS into the hands of the legislature (politicians) and the courts (appointed by politicians). This is likely to lead to rules being challenged on ideological grounds with uninformed legislators and judges being able to ultimately approve rules instead of civil servants with drastically more area expertise. #ChevronDoctrine #US #Policy #Environment #Climate #Health

IEC scores Illinois state lawmakers on the environmental legacy of their voting record every year, giving their constituents a powerful accountability tool when evaluating the performance of their legislators. So how did these 27 legislators earn their rating? Dive into their voting record to find out: https://lnkd.in/gvQS2pJh #Illinois #EnvironmentalPolicy

Another yet disturbing read regarding how Louisiana state filed a lawsuit for reverse discrimination in response to environmental justice work. Here are a mandates they are pushing back on in an agreement that would protect black communities: ✔️Obligating the Department of Environmental Quality to deny a permit for a new facility or an expansion of an existing facility, on the grounds that it would result in racial discrimination and cause disproportionate pollution burdens based on race. ✔️Require a transformation in how the agency goes about making a permit decision that would require a look at all of the various factors taking place in a community that contribute to poor environmental and public health conditions for residents. #environmentaljustice #environmentalracism #sustainability