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A bill in Congress could get to the bottom of how coronavirus links air pollution and racism

It’s becoming clear that black and Latino communities in the U.S. suffer disproportionately from the novel coronavirus. The COVID-19 mortality rate for black New York City residents, for example, is twice that of white residents, and a Centers for Disease Control and Prevention report has suggested that black Americans in general are hospitalized for COVID-19 at much higher rates. Research is also emerging showing that exposure to air pollution likely makes COVID-19 deadlier. In other words, when it comes to COVID-19 outcomes, it’s clear that race matters and that pollution matters. What is not yet clear is how, exactly, these two troubling trends are related.

In hopes of finding concrete connections between air pollution in communities of color and COVID-19 outcomes, last month Democrats in Congress introduced the Environmental Justice COVID-19 Act, which would allocate an additional $50 million to existing Environmental Protection Agency (EPA) grant programs and prioritize that funding for projects that “investigate or address the disproportionate impacts of the COVID–19 pandemic in environmental justice communities.”

The measure was included in the HEROES Act, the $3 trillion pandemic relief legislation that passed the House of Representatives last month with mostly Democratic support. The legislation’s future in a Republican-controlled Senate is shaky, but at a House Committee on Energy and Commerce hearing on Tuesday, lawmakers and advocates continued to push for the bill funding the study of the relationship between pollution and racial disparities in COVID-19 outcomes.

“COVID-19 has exacerbated what we have known all along,” said California Representative Raul Ruiz, one of the bill’s cosponsors, during the hearing. “[At-risk communities are] disproportionately breathing polluted air and drinking dirty water due to neglect or decisions by others.”

Jacqueline Patterson, director of the NAACP’s Environmental and Climate Justice Program, discussed how black and Latino communities in the U.S. face more extensive exposure to pollutants, making them more susceptible to lower respiratory illnesses like COVID-19. More than 70 percent of black Americans “are living in counties in violation of federal air pollution standards,” she told the panel of lawmakers.

Patterson also criticized the Trump administration’s approach to environmental policy.

“Instead of strengthening regulations to reinforce protections for communities made vulnerable by poor air quality, we have an administration that has rolled back over 100 regulations in the context of COVID-19,” she said, referring to the Trump administration’s broad relaxation of environmental enforcement during the pandemic.

Patterson said that the funding provided by the Environmental Justice COVID-19 Act would help existing organizations, like local chapters of the NAACP, study the way environmental factors affect public health for communities of color. However, she isn’t sure that the $50 million allocated is enough to accomplish the bill’s aims.

“[The bill] is going to make a difference, but I think ‘enough’ is gonna be a hard bar to reach at this point because the needs are so great,” she told Grist. “Air pollution standards aren’t even stringent enough in the first place.”

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A bill in Congress could get to the bottom of how coronavirus links air pollution and racism

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Trump trashes 50-year-old environmental law, blames coronavirus

With the nation’s eyes on ongoing protests for racial justice (not to mention a seemingly endless public health crisis), last week President Trump signed an executive order that would waive key requirements of the National Environmental Policy Act (NEPA).

The landmark 1970 law requires federal agencies to consider the environmental impacts of proposed federal actions and projects, including the construction of major highways, airports, oil and gas drilling, and pipelines. Trump’s new executive order relaxes the law’s requirement that major new infrastructure and energy projects undergo environmental reviews to ensure they will not significantly harm the environment and nearby public. (Industry representatives often blame the environmental impact statements required by the law for the extensive delay of permit approvals.)

“From the beginning of my Administration, I have focused on reforming and streamlining an outdated regulatory system that has held back our economy with needless paperwork and costly delays,” Trump wrote in the executive order. “The need for continued progress in this streamlining effort is all the more acute now, due to the ongoing economic crisis.”

But the president’s desire to suppress the 50-year-old law long predates the coronavirus-fueled recession.

Early this year, the Trump administration announced plans to overhaul key elements of the law, including by limiting requests for community input prior project approval, disregarding project alternatives, and shortening the deadline for environmental impact statements and environmental assessments. Pollution-burdened communities have long leveraged NEPA as a defense mechanism to protect their health and the environment — examples include the fights against the controversial Keystone XL pipeline and the expansion of the 710 freeway in Long Beach, California.

The new order promotes a quicker permit approval process on these kinds of projects by invoking a section of federal law that allows individual government agencies to use their own emergency authorities to bypass environmental requirements. Trump’s order weakens standard environmental review requirements not just in NEPA, but also in the Endangered Species Act and Clean Water Act.

Even before Trump declared the novel coronavirus outbreak a national emergency, the White House Council on Environmental Quality held two public hearings in Denver, Colorado, and Washington, D.C., to gather feedback on Trump’s initial proposal to overhaul NEPA in ways that would speed up projects and de-emphasize environmental reviews. Students, construction workers, university professors, and grassroots activists testified before a panel of expressionless White House officials, testifying that NEPA’s requirements are vital for their safety, health, and the environment.

Anthony Victoria Midence and other environmental advocates in California’s Inland Empire, a region that experiences some of the country’s worst smog, have united environmental and labor groups to fight a controversial airport expansion that the government’s own assessment shows would add one ton of pollution to the region’s air each day. The groups invoked NEPA to mount a legal challenge to the Federal Aviation Administration’s approval of the project’s permits. Trump’s new executive order would have stymied their efforts, according to Victoria Midence, who is the community director for the Center for Community Action and Environmental Justice, a local social justice group.

“It’s clear that the Trump administration is willing to sacrifice working people of color for the benefit of industry,” he told Grist. “This latest move by Trump further demonstrates that he does not care about black and brown lives.”

The new executive order comes on the heels of the Environmental Protection Agency (EPA) finalizing a rule last week that will make it much more difficult for states, tribes, and the public to protest or block pipelines and other projects that could pollute the air and water systems. The decision, which overturns a 50-year-old understanding of the Clean Water Act, would set a strict one-year deadline for states and tribes to approve or deny proposed projects such as pipelines, dams, or fossil fuel plants.

Trump also signed another executive order last month that allows several federal agency heads to weaken regulatory requirements “that may inhibit economic recovery.” The move prompted the EPA to alert the fossil fuel industry that it could suspend enforcement of certain environmental laws, including those that require the gathering of public input on projects and the monitoring of air pollution levels.

“We need to place people over profit,” Victoria Midence told Grist. “As we suffer through this pandemic with the fear that our lungs and heart are already compromised because of diesel pollution, Trump is removing perhaps the last protections we have to raise our voices and demand environmental justice.”

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Trump trashes 50-year-old environmental law, blames coronavirus

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Why Facebook, Netflix, and Tesla are getting climate-shamed by investors

In late March, the British banking giant Barclays announced its ambition to become a net-zero bank by 2050. While the fine print of how one of the biggest lenders to fossil fuel companies will make this transition is yet to be determined, one of the other key underlying challenges is that it’s impossible for the bank to accomplish this on its own. It will need every company it lends to to disclose data on their carbon accounting.

A surprising number of companies — more than 8,400 — already report this kind of data to CDP (formerly the Carbon Disclosure Project), an international nonprofit that runs a public environmental disclosure database. CDP asks companies to disclose data about their environmental footprint on behalf of investors who are concerned about climate change and the financial risks associated with it. But some companies refuse to participate, even after repeated requests from investors themselves.

In a sign of just how serious investors are getting about this, in recent years CDP’s investor partners have agreed to release a sort of shit list outing the companies that turned their disclosure requests down. This year’s list includes 1,051 companies, including fossil fuel giants like ExxonMobil and Chevron, media companies like Netflix and Facebook, and ostensibly climate-friendly businesses like Tesla. The companies on the list are estimated to collectively emit more than 4,800 megatons of carbon dioxide equivalent annually, which is equal to the amount emitted by the U.S. in 2017.

Not every company that refused to disclose is on CDP’s list — only the ones that investors wanted to put in the spotlight. The hope is that this public shaming will spur companies to disclose in the future. The 707 companies targeted by last year’s campaign were more than twice as likely to increase their disclosure this year.

To be fair, disclosure is not an easy ask. “No one person can sit down and, like, do their homework last minute,” Emily Kreps, global director of capital markets at CDP, told Grist. CDP collects data across three categories — climate change, deforestation, and water security. The reporting process requires going into every part of a company’s value chain, from the sourcing of raw materials all the way to the end use of its products. Kreps said the disclosure reports from CDP’s top-rated companies usually come out to between 60 and 70 pages long. Sometimes it takes a few years for a company to get the information together.

Some companies on CDP’s nondisclosure list used to participate and stopped. Exxon, for example, disclosed with CDP until 2018. At that point CDP changed its questionnaire for oil and gas companies to include more specific questions around fuel reserve levels and inventory, and Exxon decided it would release its own disclosure reports instead. “The report that Exxon put out on their own is not helpful, necessarily, in addressing all of the environmental points that investors are looking for,” said Kreps.

The CDP’s reporting process was designed to align with the recommendations of a group called the Task Force on Climate-Related Financial Disclosures (TCFD), which was started in 2015 by Mark Carney, the former governor of the Bank of England, and former New York City Mayor Michael Bloomberg. The TCFD provides a widely applicable framework to help financial-sector organizations understand how the companies in their portfolios assess climate-related risks and opportunities. It suggests four areas for disclosure — governance, strategy, risk management, and metrics and targets — but it doesn’t dictate exactly what to disclose or how. What CDP has done is take TCFD’s recommendations and translate them into a 26-question reporting sheet. “We’re trying to standardize the indicators and data points that people look for year after year to track progress,” said Kreps.

Kreps emphasized that what’s critical about CDP’s disclosure process is that it helps companies look at both risks and opportunity. There is money to be made in the transition to a low carbon economy, she said, and those opportunities are illuminated by the reporting process. If some of the 1,051 companies that avoided disclosure this year decide to get on board, they could benefit in the long run.

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Why Facebook, Netflix, and Tesla are getting climate-shamed by investors

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For indigenous protesters, defending the environment can be fatal

Adán Vez Lira, a prominent defender of an ecological reserve in Mexico, was shot while riding his motorcycle in April. Four years earlier, the renowned activist Berta Cáceres was shot dead in her home in Honduras by assailants taking direction from executives responsible for a dam she had opposed. Four years before that, Cambodian forest and land activist Chut Wutty was killed during a brawl with the country’s military police while investigating illegal logging.

These are some of the most prominent examples of violence faced by environmental activists in recent years — but, according to a new report, they are not unusual. As police crack down on protests demanding justice and equity in the wake of the police killing of George Floyd in the U.S., it’s clear that activism in general comes at a heavy price. Environmental activists specifically — particularly indigenous activists and activists of color — have for years faced high rates of criminalization, physical violence, and even murder for their efforts to protect the planet, according to a comprehensive analysis by researchers from the Universitat Autònoma de Barcelona, which was released last Tuesday.

The researchers analyzed nearly 2,800 social conflicts related to the environment using the Environmental Justice Atlas (EJAtlas) database, which they created in 2011 to monitor environmental conflicts around the world. The study, published in the journal Global Environmental Change, found that 20 percent of environmental defenders faced criminal charges or were imprisoned, 18 percent were victims of physical violence, and 13 percent were killed between 2011 and 2019. The likelihood of these consequences increased significantly for indigenous environmental defenders: 27 percent faced criminalization, 25 percent were victims of physical violence, and 19 percent were murdered.

“We can think of this as compounded injustice, highlighting the extreme risks vulnerable communities opposing social and environmental violence against them face when they stand up for their rights,” one of the study’s researchers, Leah Temper, told Grist.

Environmental defenders, as the researchers defined them, are individuals or collectives that mobilize and protest against unsustainable or harmful uses of the environment. Examples of the sort of conflict covered by the study are the construction of pipelines on tribal lands, illegal mining in the Amazon rainforest, oil extraction in the Arctic, and the construction of fossil fuel refineries.

The analysis draws on last year’s report from the human rights and environmental watchdog organization Global Witness, which found that at least 164 environmental activists were killed in 2018 alone. The Philippines was named the deadliest country in the world for environmental defenders, who have been called terrorists by President Rodrigo Duterte.

In fact, not long after these findings, 37-year-old Brandon Lee, an American environmental activist who was in the Philippines on a volunteer mission, was shot four times in Ifugao province by unknown assailants after his group, the Ifugao Peasant Movement — a farmers group opposing a hydropower project — had been labeled an “enemy of the state” across social media by propagandists. As of April, Lee was recovering in his hometown of San Francisco, but he remains paralyzed from the chest down.

The lead author of last week’s study, Arnim Scheidel, said he hopes that the analysis gives lawmakers and the public a better understanding of the causes of the violence that protesters still face around the world.

“Globally, indigenous peoples suffer significantly higher rates of violence in environmental conflicts,” Scheidel said. “Being aware of these connections may help to connect struggles against various forms of racism worldwide. Protest is key for the success of such struggles, particularly when using diverse channels and building on broad alliances.”

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For indigenous protesters, defending the environment can be fatal

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Hurricanes disproportionately harm communities of color. TV news ignores that fact.

When Hurricane Florence slammed into southeastern North Carolina in September 2018, the worst-hit communities were already dealing with a litany of hazards: poverty, pollution from coal ash ponds and lagoons filled with livestock waste, chemicals in the drinking water, not to mention many were still in the process of rebuilding after Hurricane Matthew tore through two years earlier. According to Naeema Muhammad, organizing director of the North Carolina Environmental Justice Network, people in these largely black and brown communities in cities like New Bern and Lumberton, and rural towns like Faison, struggled to evacuate.

“People are pretty much left on their own to try to navigate out of danger,” Muhammad told Grist. When the flooding came, it flushed coal ash, animal waste, and human waste from wastewater treatment plants into the waterways, which spilled over riverbanks and into the streets. “People had to navigate through that water,” she said.

If you had been following coverage of the hurricane on one of the major nightly news shows at the time, you might have missed this story entirely. That’s because not a single segment that aired on ABC’s World News Tonight, the CBS Evening News, or the NBC Nightly News reported on the disparate impacts Florence had on marginalized communities, according to a new analysis by Media Matters.

The media watchdog nonprofit analyzed 669 segments produced by those shows from 2017 to 2019 covering seven hurricanes, including Florence, and one tropical storm. Not one addressed the fact that these extreme weather events did not affect everyone in their paths equally — that the devastation they brought to poor communities and communities of color was far worse — despite ample research highlighting this disparity.

“It does not come as a surprise at all,” Muhammad said of the study. “We have a lot of issues going on in the floodplain areas that do not get addressed by the media. It’s mainly because of the faces in those areas,” which are predominantly black, Native American, and Latino.

Marginalized communities already have and will continue to suffer disproportionately from the extreme weather that becomes more common with climate change, from hurricanes and flooding to heat waves and wildfires. This is not just because they are more likely to live in the floodplain or the line of fire, although that is part of it, and is often the result of racist practices like redlining. Low-income and minority communities are also more likely to live in poor-quality housing and to not have the means to evacuate, rebuild, or relocate. As the Media Matters report states, “These events expose vulnerabilities stemming from historic and systemic inequities, but they too often go unexplained — partly because broadcast TV news fails to even do the minimum of reporting on who is being harmed the most, let alone delving into why some communities are being disproportionately affected.”

By contrast, PBS Newshour produced nine segments over the same time period that specifically addressed the disproportionate impacts hurricanes had on marginalized communities. While they represented only about 4 percent of the public broadcaster’s total hurricane coverage, the segments were at least substantive: One highlighted how undocumented families in Texas who did not qualify for disaster aid were faring in the aftermath of Hurricane Harvey. Another focused on black residents in a neglected North Carolina public housing project who had no evacuation plan during Hurricane Florence.

Juan Declet-Baretto, a social scientist with the Union of Concerned Scientists who researches climate vulnerability and environmental justice, warned about the dangers of the media not visiting these communities and talking to residents about what they experience. “It creates a huge blindspot in people’s perception, public perception and policymakers’ perception,” he told Grist. “It sends a message that there are some people in society that we collectively deem that they are not important, that it is not worth saving their lives.”

Media Matters found that this blind spot extends beyond extreme weather events to other environmental justice issues. When it comes to the novel coronavirus, the organization found that the same three corporate broadcast news shows failed to report on the connection between air pollution and the high COVID-19 death rate among people of color, especially black people.

Last Saturday morning, Muhammad said she woke up and lay in bed feeling angry. Over the previous few days, mass protests had spread to major cities all over the country in response to the police killings of George Floyd in Minneapolis and Breonna Taylor in Louisville, Kentucky, and the fatal shooting of Ahmaud Arbery by two white men while he was out for a jog in Brunswick, Georgia. “I’m angry that this policeman could so casually murder somebody in plain view, in broad daylight, as if it was nothing,” said Muhammad, referring to Floyd’s killing.

But the ongoing demonstrations are not about a few specific violent incidents; they are about the enduring structural racism and everyday violence inflicted on black Americans, of which environmental injustice is one manifestation.

“And then I said, man, on top of that, we have all of this environmental degradation in our communities, where people feel like they got a right to dump crap that they don’t want onto poor communities, and predominantly people of color, without a thought, and without being held accountable for the damages that they’ve caused,” Muhammad continued.

“And yet, communities gotta be made to prove that they’re being harmed when all this stuff happens, whether it’s a hurricane, whether its animal waste, whether its coal ash, GenX, murder, you name it. You gotta be made to prove that you’re being harmed.” (GenX is the brand name of one of the types of polyfluoroalkyl and perfluoroalkyl substances, the “forever chemicals” also known as PFAS.)

Muhammad urged the media to try harder to get to the root of the story, to go into impacted communities and talk to folks. “The evidence is already there,” she said. “If you sit there and hear the story and look around, people are not making this shit up. It’s real. People are living this stuff every single day.”

While the protests rage on, the COVID-19 pandemic continues to take more lives every day, and an active Atlantic hurricane season is in the forecast.

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Hurricanes disproportionately harm communities of color. TV news ignores that fact.

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The Atlantic hurricane season just started. It’s already breaking records.

As you read this, the third named storm of the Atlantic hurricane season, which officially started on June 1, is churning its way across southern Mexico. Meteorologists expect it to soon head northward, where it could gather strength over the warm, open waters of the Gulf of Mexico. It’s unlikely that Cristobal will turn into a full-blown hurricane, but experts say it’s likely that the storm will slam into the Gulf Coast late this weekend or early next week.

Cristobal developed winds greater than 39miles per hour, the minimum for a named storm, on Tuesday — one day after the official start of the hurricane season. If that feels a bit early for the third named storm of the season to rear its head, that’s because it is. For the past six years straight, a named tropical storm has appeared in May, days or weeks ahead of the official start date. But the Atlantic doesn’t usually spawn so many powerful storms so fast: This is the first time the third named storm of the Atlantic season has arrived so early.

In 2019, the third named storm of the season arrived on August 20. That’s due in part to the fact that last year had an El Niño, a wind pattern that blows warm air into the Pacific Ocean and sucks cold water into the Atlantic, helping to suppress storms there. This year looks like it could develop into a La Niña year, when the opposite weather pattern occurs, creating conditions for more hurricanes to develop in the Atlantic Ocean. Ocean water warmed by rising global temperatures (read: climate change) in the tropical Atlantic Ocean and Caribbean Sea also contributes to the likelihood of an unusually active hurricane season. The National Atmospheric and Oceanic Administration’s annual hurricane forecast predicts between 13 and 19 named storms including six to 10 hurricanes (compared to the average six).

“In modern history, this is unusual from the standpoint that you typically see the third storm in August,” Dan Kottlowski, AccuWeather’s lead hurricane expert, told Grist. Warm water, he said, is the main culprit. “You only have to take the temperature up maybe a half a degree Celsius for it to be more optimal for storm development.” Kottlowski said ocean surface temperatures in the Atlantic have risen since 1995, something he attributes in part to the way the ocean naturally cycles water but is also tied to rising global temperatures in recent years.

Right now, Kottlowski expects Cristobal to move through the western portion of the Yucatán over the next day or so, move off the west coast of the Yucatán, and then track toward the center of the Gulf, making landfall somewhere along the Louisiana coast late Sunday. While it’s more likely that Cristobal will make landfall as a strong tropical storm than a hurricane, Kottlowski says flooding will be widespread. “It’s very possible storm surge values could be well above three feet, perhaps as high as six feet, from this storm,” he said. “That will be enough to inundate a good part of the coastal area of Louisiana.” Flooding could penetrate deep into the state, he said, hitting areas that were flooded last year during Hurricane Barry.

When hurricanes hit coastal states frequently affected by extreme weather, communities of color and low-income neighborhoods — often situated in low-lying areas with aging infrastructure — suffer most. Louisiana is no exception. After Hurricane Katrina slammed into the Gulf Coast in 2005, black residents of New Orleans and the surrounding areas were far more likely than whites to say they experienced 7 out of 10 hurricane-related hardships.

John Morales, a weather reporter and meteorologist for NBC6 in Miami who frequently highlights the connection between hurricanes and climate change for his viewers, says he is troubled by recent research that shows a statistically significant increase in the proportion of tropical storms that become major hurricanes globally. “We do know that out of the hurricanes that are forming, a greater percentage of these are becoming category 3, 4, and 5,” Morales said. He recalls the 28-storm 2005 hurricane season, when forecasters ran out of names for storms and had to start pulling letters from the Greek alphabet. “By the end of that hurricane season I was exhausted,” he said. “To think that, right now, we might be dealing with 20 storms, that is a significantly active hurricane season — it’s going to be really exhausting.”

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The Atlantic hurricane season just started. It’s already breaking records.

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US states have spent the past 5 years trying to criminalize protest

The Minnesota legislature has spent the last five years preparing for the kind of protests that have rocked the city over the past week in the wake of the police killing of George Floyd — by attempting to criminalize them.

From 2016 through 2019, state lawmakers introduced ten bills that either made obstructing traffic on highways a misdemeanor or increased penalties for protesting near oil and gas facilities. Most of these legislative proposals were introduced in response to ongoing protests against a controversial oil pipeline as well as those following the police killing of Philando Castile in a St. Paul suburb in 2016. The bills would have allowed protesters to be jailed for up to a year, fined offenders up to $3,000 each, and allowed cities to sue protesters for the cost of police response. Many of the bills were introduced in 2017 after racial justice activists in the state made headlines shutting down a major highway. A couple others were in response to protests in 2016 and 2019 against the energy company Enbridge’s planned replacement of a pipeline running from Alberta to Wisconsin.

None of the bills have yet become law, but three failed only because they were vetoed by the governor. Two bills introduced earlier this year are still on the table. One would make trespassing on property with oil and gas facilities punishable by up to three years in prison and a $5,000 fine. The other would make those who assist such activity civilly liable for damages.

Over the past half-decade, a wave of bills that criminalize civil disobedience has swept state legislatures across the country — particularly those controlled by Republican lawmakers. According to a new report by PEN America, a nonprofit advocating for First Amendment rights, 116 such bills were proposed in state legislatures between 2015 and 2020. Of those, 23 bills in 15 states became law. While there is no comprehensive count of the number of people arrested and prosecuted under these new laws, activists protesting oil and gas activity have been charged with felonies in Houston and Louisiana.

This year alone, four states — Kentucky, South Dakota, West Virginia, and Utah — passed laws that increased penalties and charges for either interfering with oil and gas activity or disturbing meetings of government officials. (Interfering with oil and gas activity may include obstructing the construction or operation of pipelines and other “critical infrastructure.”) As of May, 12 other bills are pending in various state legislatures — all of them introduced before the past week’s unrest. If passed, these bills would increase disciplinary sanctions for campus protesters, classify trespassing on property with oil and gas infrastructure a felony, and expand the definition of rioting, among other things.

More bills increasing penalties for protesters may be on their way. In response to the recent protests against George Floyd’s killing, a Tennessee lawmaker has proposed increasing penalties for rioting and South Dakota Governor Kristi Noem has said that her administration is looking into legislative proposals to respond to the recent unrest.

“Protest, in the last several years, has absolutely been followed by efforts by state legislators to criminalize the very activity practiced in the mere months prior,” said Nora Benevidez, director of the U.S. Free Expression Programs at PEN America. “There is this larger narrative that is being cast that protest needs to be narrowed — and the definitions around what constitutes acceptable protests are becoming smaller and smaller.”

Benevidez found that, in the years prior to recent large-scale protests and the 2016 election victories of conservative state legislators, proposals chipping away at constitutionally-protected protest activity were few and far between. In 2015 and 2016, only six bills narrowing the rights of protesters were introduced. But in 2017 — in the wake of nationwide protests over the police shootings of Philando Castile and Alton Sterling, protests against the Dakota Access pipeline, and marches responding to President Trump’s election — that number rose to 56.

Lawmakers who supported such bills weren’t shy about their intentions. In 2018, Minnesota state senator Paul Utke — the main sponsor of a bill that would have made training, hiring, or counseling those who end up trespassing on property with a pipeline a felony punishable with up to ten years in prison and a $20,000 fine — pointed to the Dakota Access Pipeline protests as a reason for the bill. “We saw what happened in North Dakota and we have a big pipeline project coming up [in Minnesota],” he said.

Only two such laws have been challenged in court. South Dakota’s “riot-boosting” law, which allowed the state to sue protesters for damages, was found unconstitutional in 2019 because it was created in anticipation of protests against the Keystone XL pipeline. Earlier this year, however, lawmakers passed a new version of the law, which has not yet been challenged in court. Litigation against a similar law in Louisiana is pending.

Benevidez said she expects to see many more bills curtailing the right to protest in the coming months.

“The long-term and sustained ways to target certain groups comes not just from moments like this but in the months that follow,” she said. “Even if protests die down, the need to be ready to challenge some of these proposals is going to be really necessary.”

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US states have spent the past 5 years trying to criminalize protest

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Cities are shutting down bikeshares during curfews, stranding their own residents

Over the past several days, hundreds of thousands of Americans have hit the streets to protest the killing of George Floyd, a 46-year-old black man who was asphyxiated by a police officer on May 25 in Minneapolis. The protests started in the city where Floyd was killed and spread rapidly to all 50 U.S. states and at least three U.S territories.

In response, mayors and governors have instituted rare nighttime curfews in an effort to deter clashes between police and protestors — which videos show are often instigated by police — and waves of looting and property damage. But the curfews aren’t keeping protesters off the streets: People in major cities have been out long past nightfall protesting the national crisis of police brutality. And essential workers are largely exempt from the curfews, leading to confusion among people who work night shifts.

No matter the reason they’re out during curfew, people trying to get home are finding that their options are limited. Some cities, like Los Angeles and Chicago, have shut down public transportation systems in response to the protests, stranding people who are out after curfew. In some areas, like parts of Manhattan, even driving has been prohibited. And bikeshare programs, which have been a key source of safe transportation for essential workers during the coronavirus pandemic, have been directed to hit the pause button by city officials during the curfews.

That means protesters and other people just trying to get around in the middle of an ongoing pandemic are being forced to get places by foot. In New York City, the city’s privately-owned bikeshare program, CitiBike, was directed by the mayor to shut down during the curfew on Monday and Tuesday. “We disagree with this decision,” the company said in a tweet thread.

On Wednesday, CitiBike will be required to end service at 6 p.m. — two hours before the curfew begins.

Similar programs in D.C., Houston, Chicago, Minneapolis, and L.A. shut down during curfews too. Some of those programs, like Houston’s BCycle and Minneapolis’ Nice Ride, are owned by nonprofits. Others, like Chicago’s Divvy and D.C.’s Capital Bikeshare, are housed within each city’s Department of Transportation. Philadelphia’s city-run bikeshare program, Indego, bucked the trend by staying open during curfew.

Alan Mitchell, former chief of staff at Motivate, the company that owned and operated CitiBike before Lyft bought the program in 2018, thinks shutting down bikeshare programs amid protests is a bad idea. “I think it prevents essential workers from getting to their jobs, I think it makes people less safe, and I think it’s a disgrace for the mayor to have ordered that,” he told Grist, referring specifically to New York City Mayor Bill de Blasio.

As it is, bikeshare programs, which have been touted as a greener, healthier, and better way for city-dwellers to get around, have an equity problem. A huge majority of bikeshare users are white and wealthy, in large part because bikeshare docks tend to get built in majority-white neighborhoods while leaving majority-nonwhite neighborhoods behind. In D.C., a city that is 50 percent black, only 4 percent of bikeshare members were African American in 2016. Just 2 percent of Chicago’s bikeshare program users were black, according to 2017 data.

And when people of color do use bikeshare programs, or just cycle in general, they’re more likely to face police harassment for it. A study on sidewalk biking bans in NYC between 2008 and 2011 found that bans were disproportionately enforced on Black and Latino bikers. In Fort Lauderdale, Florida, 86 percent of police citations for biking violations were issued to African Americansin the years between 2010 and 2013.

On Wednesday, World Bicycle Day, Bublr Bikes, Milwaukee’s nonprofit bikeshare program, which stayed open during its city’s curfew, said it will commit to building a more just bikeshare program.

One way city officials and bikeshare programs could start doing just that? Make bikeshares available around the clock, whether or not there’s a curfew.

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Cities are shutting down bikeshares during curfews, stranding their own residents

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On top of everything, hurricane season is here and most Americans don’t have flood insurance

Monday was the official first day of the Atlantic hurricane season, though the season unofficially began early for the sixth straight year when the first named storm of the season, Tropical Storm Arthur, brushed up against North Carolina’s Outer Banks in mid-May. The National Oceanic and Atmospheric Administration forecasts an above-normal season ahead — between 13 and 19 named storms.

If some of those storms make landfall, they’ll bring flooding with them. Americans could be in for a very wet few months, following spring floods that toppled a dam in Michigan, forcing the evacuation of 11,000 people, and brought half a foot of rain to western North Carolina in the span of 24 hours. A new survey commissioned by National Flood Services, a flood insurance administration company, shows homeowners are ill-equipped to handle that flooding, even though a majority consider themselves ready.

Sixty-two percent of homeowners across the nation say they’re prepared for a flood, but the survey revealed that just 12 percent of them have flood insurance — property insurance for residential and commercial properties that covers water damage from flooding. Premiums for this insurance, which is subsidized by the federal government, range from $573 to $1,395 annually.

The survey, conducted by The Harris Poll on more than 2,000 U.S. adults in April, found that half of respondents are actually less interested in buying insurance because of the coronavirus pandemic, which has put more than 40 million Americans out of work and caused a historic economic recession. A measly six percent of homeowners making less than $50,000 a year have flood insurance, and six percent of homeowners between the ages of 55 and 64 have it.

Other surveys show that 80 percent of Texas homeowners, 60 percent of Florida homeowners, and 99 percent of Puerto Rico homeowners don’t have flood insurance. All three places have been inundated with tropical storm–related flooding in recent years.

“We’re entering into another season, we’re building more homes in the floodplain, we know we have aging infrastructure,” said A.R. Siders, assistant professor at the University of Delaware’s Disaster Research Center. “We don’t know that information is getting out to people — that they are understanding the risks they are facing.” So why do so few of us have flood insurance?

There are lots of ways to answer that question. The Federal Emergency Management Administration (FEMA) only requires people who buy homes in designated flood plains to buy flood insurance. For Americans who don’t live in those areas, flood insurance can seem like an unnecessary expense. Some folks don’t know that their regular home insurance doesn’t cover flooding from storms and other sources of water damage beyond something like a burst pipe. Still others underestimate the risk of flooding in their areas or don’t realize their homes are in areas prone to flooding in the first place.

Some states — 21, to be exact — don’t even require real estate agents and home sellers to tell buyers when a home is in a FEMA-designated flood zone that requires flood insurance. “When you buy a house, they don’t have to tell you if your house is in the floodplain,” Siders said. “You look at Carfax and figure out if your car has had a dinged bumper, but making one of the largest financial purchases of your life, like a house, you can’t figure out if it’s in a flood zone.”

What’s more, FEMA’s flood maps don’t tell the whole story. “I don’t think it’s widely appreciated that the flood risk is much greater than just being in a designated 100-year floodplain,” Jim Blackburn, a professor in practice at Rice University, told Grist. An 100-year floodplain is an area that has a one in 100 percent chance of flooding annually. Extensive flooding, Blackburn said, can happen in a lot of places with little warning.

And that’s a problem that’s going to get worse. The size, scope, and frequency of floods are changing rapidly, in part because climate change causes heavier rains and more severe storms. By the end of the century, America’s flood plains could increase in size by 45 percent. FEMA’s National Flood Insurance Program, which is the main way people get flood insurance in this country and is administered by flood insurance companies, could increase its number of annual policies 80 percent by the year 2100. “FEMA is chronically underfunded, so a lot of their flood maps are out of date. Climate change means that the flood maps are changing really quickly, and then FEMA flood maps don’t take climate change into account,” Siders said. “So they can only tell you what your historic flood risk was, not what it will be in 10 years.”

As coronavirus restrictions ease and Americans try to get back on their feet, hurricane season and the associated flooding could knock them flat again. One way to protect homeowners from compounding risks in the future is to make sure they see the full picture before they sign on the dotted line. “If you have to pay tens of thousands every year to live in a home, that signals to you that it’s truly risky to live in this house,” Siders said, referring to the government’s practice of heavily subsidizing homes in flood zones. “When we subsidize it, we hide that, and so people don’t necessarily know how at risk they are.”

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On top of everything, hurricane season is here and most Americans don’t have flood insurance

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Climate change threatens the economy. Here’s what regulators can do right now.

Many of the economic risks of climate change are already crystal clear, and yet financial markets have yet to take them into account. That dangerous disconnect is the impetus behind a new report out on Monday from the sustainable finance nonprofit Ceres.

“U.S. financial regulators, who are responsible for protecting the stability and competitiveness of the U.S. economy, need to recognize and act on climate change as a systemic risk,” the report says. It calls on financial regulators across seven federal agencies as well as state agencies to do so, offering more than 50 recommendations that the authors believe are under the purview of regulators today, without the need for any additional legislation.

The report highlights three ways climate change is a systemic risk to financial markets. There are the physical risks of a warming planet — droughts, wildfires, and more frequent and intense storms will cause direct economic losses. This reality is already abundantly clear: The 2017 hurricane season caused $58 to $63 billion in damages in Florida alone. In 2018, wildfires in California burned up $12 billion in insured losses and led to the bankruptcy of the state’s largest utility, which took criminal responsibility for starting one of the fires.

Then there are socioeconomic risks, which are manifold. Industries that rely on physical outdoor labor, like agriculture and construction, will see productivity losses as temperatures rise. Economies that rely on tourism could be hurt by not only the physical risks outlined above but also by biodiversity loss. Higher temperatures will come with significant health impacts, including respiratory issues, premature deaths, and the spread of disease as carriers like mosquitos move into new habitats.

The third category is transition risk — the idea that the transition to a carbon-neutral economy is inevitable, and that companies in denial about that are setting themselves up to lose money. Transition risk includes possibilities like a carbon tax, changes in consumer sentiment, or the loss of investments in fossil fuel assets with long lifespans, like pipelines, that could end up out of commission before they are paid off.

The report calls on the Federal Reserve System, the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission, the Housing Finance Authority, and insurance regulators, among other financial regulatory bodies, to first and foremost acknowledge that climate change poses a systemic risk to financial market stability. Veena Ramani, Ceres’ senior program director for capital markets systems, said in a press call that once these agencies publicly affirm this fact, that will mean acknowledging that it’s within their mandate to address climate risks in their rulemaking.

So what might that look like? Ceres’ recommendations for regulatory agencies include doing deeper research on how climate change will affect the economic stability of the U.S. Regulators could also require banks and insurance companies to integrate climate change into their “stress tests” — analyses of how well an entity can withstand a financial crisis — and to reflect the costs of climate change in their decision making. The report also recommends that regulators encourage corporate transparency about climate risk — something that the SEC actually issued guidance on a decade ago, but then promptly eased up on enforcing. The SEC’s Division of Corporation Finance sent 49 comment letters to companies about their climate risk disclosures in 2010, but has sent only six such letters over the last four years.

Finally, the report advocates for financial regulators to require that banks disclose the carbon emissions from their lending and investment activities, and define which activities will make climate change worse and which will help mitigate the systemic risks posed by the crisis — and then reorient capital toward those solutions.

Many of the recommendations made in the report have already been implemented in other countries. For example, late last year, the Bank of England announced it would subject U.K. banks and insurers to climate resilience stress tests. Just this past Friday, the E.U.’s top banking regulator, the European Banking Authority, issued new guidelines that require banks to incorporate climate risks into their credit policies. The guidelines also say that banks should assess whether borrowers could be found responsible for contributing to global warming. They cite a European Commission report from 2018 that found that “close to 50% of the exposure of euro area institutions to risk is directly or indirectly linked to risks stemming from climate change.”

Also on Friday, the International Monetary Fund published a new chapter of its latest global financial stability report calling for climate risk to become a part of international reporting standards. The chapter highlights how little of an impact known risks like extreme weather events have had on markets.

In a press call about the Ceres report, Senator Sheldon Whitehouse of Rhode Island said that industries are finally awakening to the fact that climate change is not just a public relations issue. “This is something for their risk managers, this is something for their chief executives,” he said. “Whether you’re in agriculture, or insurance, or banking, or investment, these are dire warnings pointing right at the heart of your business.”

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Climate change threatens the economy. Here’s what regulators can do right now.

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