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States cut water use as Colorado River runs low. That’s actually good news.

For the first time in history, low water levels on the Colorado River have forced Arizona, Nevada, and Mexico to cut back the amount of water they use. It’s the latest example of climate change affecting daily life, but also an encouraging sign that people can handle a world with less: These orderly cutbacks are only happening because seven U.S. states and Mexico had agreed to abide by conservation rules when flows subside, rather than fight for the last drops.

“It is a new era of limits,” said Kevin Moran, who directs the Environmental Defense Fund’s Colorado River efforts.

The Colorado River is a vital source of water for the American West, sustaining some 40 million people and 5.5 million acres of farmland. And it’s been under enormous stress. Since 2000, the watershed has been, to put it mildly, dry. The region is suffering the worst 20-year drought in modern times.

A Bureau of Reclamation study of Colorado River levels, released Thursday, triggered the cutbacks. The Rocky Mountains finally turned white with heavy snow last winter, but despite a galloping spring runoff, drought persists and bathtub-ringed reservoirs in the Grand Canyon are low. In its study, the Bureau highlighted the unique circumstances: “This 20-year period is also one of the driest in the 1,200-year paleo record.”

Rising temperatures brought on by rising carbon emissions are partly to blame. “Approximately one‐third of the [Colorado River] flow loss is due to high temperatures now common in the basin, a result of human caused climate change,” wrote scientists Brad Udall and Jonathan Overpeck in a study published in 2017 that anticipated water will only become scarcer in the future.

But these water-use reductions are also an example of people binding themselves to rules to deal with scarce resources, rather than going to court, or war. The cutbacks come from an agreement hammered out by the Southwestern states and Mexico to impose limits on themselves.

“It’s not necessarily well known or talked about, but this collaboration between the states and Mexico is one of the most successful cross-border water management stories in the world,” Moran said.

Over the long course of history, the various parties have fought each other over water, but found that cooperation simply works better, Moran said. By working together, they’ve already managed to reduce the amount of water drawn for the last five years from the lower Colorado River Basin. In fact, they’ve cut back more in each of those years more than required by their agreement in 2020, said John Fleck, the director of the University of New Mexico Water Resources Program, who wrote the book Water is for Fighting Over, on the history of conflicts over the Colorado River.

“It puts the lie to the idea that water use is just going up and up and up: It’s been on a downward trend for a decade and a half at a time when population is increasing and agriculture is as productive as ever,” Fleck said. “We’re beyond the Malthusian math that suggests we’re going to run out of water and die.”

The region will need to go further to keep up with climate change and refill reservoirs, Fleck said. But the progress so far leaves him hopeful that people can resolve conflicts over scarce resources in this new era of limits.

“The key, I think, is for the water users to realize that you can have healthy, successful communities with declining water,” Fleck said. That opens up the space for collaboration, and allow them to get beyond the old myth that water is for fighting over.”

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States cut water use as Colorado River runs low. That’s actually good news.

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Why Toledo just gave legal rights to Lake Erie

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This story was originally published by CityLab and is reproduced here as part of the Climate Desk collaboration.

Lake Erie provides drinking water for 11 million people, and an unusual tactic to protect it was just adopted in Toledo, Ohio: On Tuesday, Toledoans passed the “Lake Erie Bill of Rights” in a special election, with 61 percent voting yes on a ballot measure that could allow citizens to sue polluters on behalf of the lake.

“This is the first in the nation in terms of rights-of-nature law being adopted by a municipality over a certain ecosystem, and I think it’s the beginning of more things to come in that area,” said Thomas Linzey, executive director and chief legal counsel for the Community Environmental Legal Defense Fund, which helped local activists draft the bill.

The ballot measure will amend the city’s charter to establish that Lake Erie has the right to “exist, flourish, and naturally evolve.” The goal of giving the lake legal rights, Linzey said, is for activists to be able to do “a survey of who’s the biggest polluters into the lake” and then bring lawsuits “to stop that pollution,” he said.

Runoff pollution is a major cause of Lake Erie’s algae blooms, which can make water toxic to fish, wildlife, and people. This kind of pollution occurs “when rainfall washes fertilizer and manure spread on large farm fields into streams that flow into Lake Erie,” according to the Alliance for the Great Lakes.

Past problems with Lake Erie’s water quality prompted organizers to think about new ways to safeguard it. Back in 2014, the City of Toledo issued an advisory for residents not to drink municipal water after chemical tests found unsafe levels of an algal toxin. The toxic algae bloom left 110 people sick and nearly half a million without tap water. Ohio even declared a state of emergency.

“For three days in 2014, we lost access to our drinking water, and we didn’t see any action come out of that,” Markie Miller, an organizer for Toledoans for Safe Water, told CityLab. “We wanted to do something for ourselves.”

The concept of giving rights to nature originates, at least within the U.S., from an article by Christopher Stone published in 1972 in the Southern California Law Review: “Should Trees Have Standing? — Toward Legal Rights for Natural Objects.” Since then, the idea has gained traction internationally. In 2008, Ecuador became the first country to recognize rights of nature in its national constitution. And in 2010, Bolivia’s legislative assembly passed the “Law of the Rights of Mother Earth.”

The basic principle is that of legal standing: Under the U.S. Constitution, to have standing, one needs to show direct injury to oneself caused by some entity, and there must be some redress, or remedy, that can be found in court. Activists hope that with these new rights, Lake Erie will have standing in court without needing to demonstrate injury to a human.

The U.S. Clean Water Act addresses point-source pollution, from a confined and discrete source. But a significant percentage of what plagues Lake Erie is diffuse, non-point-source pollution, such as excess fertilizers from agriculture and urban stormwater runoff.

The fact that Toledoans endorsed such an unusual means to combat pollution reflects an understanding that current regulations aren’t sufficient, said Madeline Fleisher, senior attorney in the Environmental Law & Policy Center’s Columbus office. “The citizens of Toledo are clearly and rightfully frustrated. I understand why they’re trying novel approaches to try to get those issues addressed.” (As is common in local special elections, turnout in Toledo’s was low; just shy of 9 percent of registered voters cast ballots.)

The proposal has been contentious. The board of elections in Lucas County (whose seat is Toledo) voted to block it from the ballot in the November 2018 election. After several months of debate, the board ultimately voted in December to add it to the February special election because of an Ohio Supreme Court decision, as the Toledo Blade reported. One board member said he still believed the measure was “on its face unconstitutional and unenforceable.”

Opponents of the Lake Erie Bill of Rights are concerned about the costs of litigation for farms and businesses. The Ohio Farm Bureau Federation already pledged its support for a lawsuit farmer Mark Drewes filed in the Federal District Court for Northern Ohio Wednesday, challenging the constitutionality of the bill.

“Farmers want and are working toward improving water quality, but this new Toledo law hurts those efforts. Mark Drewes understands this, and it’s Farm Bureau’s job to back his important actions on behalf of Ohio farmers,” the executive vice president of the Ohio Farm Bureau, Adam Sharp, said in a statement.

The suit contends that the measure violates federal constitutional rights, including equal protection and freedom of speech. Additionally, it argues that the bill of rights violates Ohio state law in several ways. For example, it contends that Toledo as a local government cannot override the Ohio state governing structure of Lake Erie, since the Ohio Department of Natural Resources governs the lake under state law.

“One of the biggest challenges that the [Lake Erie] Bill of Rights will have is moving from vision to enactment,” said Cinnamon Carlarne, an Ohio State University law professor. “That is part of a larger conversation trying to advance the role that law plays in protecting ecosystems for a variety of reasons — not the least of which is that we are, as humans, fundamentally dependent on them.”

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Why Toledo just gave legal rights to Lake Erie

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Alberta wildfire was the costliest natural disaster in Canadian history

Fort McMurray residents look over the damage as wildfire evacuees trickle back to their homes. REUTERS/Topher Seguin

Alberta wildfire was the costliest natural disaster in Canadian history

By on Jul 7, 2016Share

The wildfire that ripped through Alberta, Canada’s Fort McMurray area in June devastated homes, boreal forests, and tar sands oil production. Now that the dust has settled, another scary aspect of the fire has emerged: the cost.

All told, the Fort McMurray wildfire cost $3.6 billion in Canadian currency (that’s $2.8 billion USD), the Insurance Bureau of Canada announced on Thursday, making it the costliest natural disaster in Canadian history.

According to the bureau, the costs broke down as follows: 27,000 personal-property claims with an average claim of $81,000 each; 12,000 auto claims averaging $15,000; and more than 5,000 business claims which averaged over $250,000 (including the cost of work closures).

That’s more than double the expense of the previous most-costly-natural-disaster-in-Canadian-history, a 2013 flood in southern Alberta that cost $1.7 billion in insurance claims.

These billion-dollar disasters will be less “natural” in the future, with climate change fueling longer and more ferocious wildfire seasons.

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Alberta wildfire was the costliest natural disaster in Canadian history

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Elizabeth Warren Launches Tweetstorm in Response to Ad Portraying Her as a Communist

Mother Jones

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Elizabeth Warren launched a tweetstorm in response to an ad that ran frequently during Tuesday’s GOP presidential debate that portrayed her as a Communist dictator and slammed the Consumer Financial Protection Bureau, the watchdog agency that Warren launched before running for Senate.

Midway through the debate, Warren decided to rebut the attack ad with a series of tweets defending the myriad ways the CFPB has helped consumers since the Dodd-Frank financial reform bill, which created the agency, passed:

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Elizabeth Warren Launches Tweetstorm in Response to Ad Portraying Her as a Communist

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Pork: It’s What’s For Dinner (In Federal Prisons)

Mother Jones

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Last week the Bureau of Prisons removed pork from its menus, supposedly because pork had become less popular among inmates. Also, it was getting expensive.

In the case of bacon, this is a little hard to believe. Everyone loves bacon. Still, who cares about a bunch of felons, anyway? Republicans, it turns out. In particular, a Republican from the great pig-producing state of Iowa:

“The pork industry is responsible for 547,800 jobs, which creates $22.3 billion in personal incomes and contributes $39 billion to the gross domestic product,” Sen. Charles E. Grassley (R-Iowa) wrote in a letter Thursday to Bureau of Prisons Director Charles E. Samuels, Jr.

….“According to a spokesman for the Bureau of Prisons, the decision was based on a survey of prisoners’ food preferences that reflected that pork has been the “lowest-rated food” by inmates for a number of years.

“To corroborate the validity of the claim that prisoners indicated a lack of interest in pork products, I am requesting copies of the prisoner surveys and responses that were used to support the determination to no longer serve pork in federal prisons….The Bureau of Prisons’ spokesman indicated that pork was expensive to provide. Please provide any economic evaluations the Bureau of Prisons has relied on that detail the cost of pork as compared to beef, chicken, and non-meat products such as tofu and soy products.”

As of this week, pork is back on the menu. Concern for the welfare of prisoners may be low in the Senate, but concern for the welfare of the pork industry definitely isn’t. You’d think the whole pork business was going to live or die based on whether the Bureau of Prisons serves pork roast for dinner occasionally.

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Pork: It’s What’s For Dinner (In Federal Prisons)

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Obama Administration Reveals New Federal Rules on Fracking

Mother Jones

On Friday, the Obama administration put forth the first major federal standards regulating hydraulic fracturing—the oil and gas extraction technique commonly referred to as fracking. The regulations will, among other things, require companies working on public lands to reveal which chemicals they used in their drilling processes. But as the New York Times notes, the impact of the new rules will be limited since most fracking in the United States takes place on private land. From the Times story:

The regulations, which are to take effect in 90 days, will allow government workers to inspect and validate the safety and integrity of the cement barriers that line fracking wells. They will require companies to publicly disclose the chemicals used in the fracturing process within 30 days of completing fracking operations.

The rules will also set safety standards for how companies can store used fracking chemicals around well sites, and will require companies to submit detailed information on well geology to the Bureau of Land Management, a part of the Interior Department.

Environmentalists aren’t exactly thrilled with the new regulations; many were instead calling for the government to ban fracking on all public lands.

“This fracking rule is merely a continuation of Obama’s harmful all-of-the-above energy policy that emphasizes natural gas development over protection of public health and the environment,” said Friends of the Earth’s Kate DeAngelis in a press release. “This country needs real climate leadership from President Obama, not weak regulations that do nothing to stop the devastating impacts of climate disruption.”

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Obama Administration Reveals New Federal Rules on Fracking

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GOP to Give Elizabeth Warren’s Consumer Protection Agency the Darrell Issa Treatment

Mother Jones

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Ever since Sen. Elizabeth Warren (D-Mass.) helped get the Consumer Financial Protection Bureau off the ground in 2010, Republicans have been trying to shut it down. GOPers drafted legislation to weaken the fledgling agency, which was designed to prevent mortgage lenders, credit card companies, and other financial institutions from screwing average Americans. The measures died. Republicans turned to the courts to gut the bureau. That effort failed. Now that Republicans control both houses of Congress, they have another weapon at their disposal: new subpoena powers they can deploy to blitz the CFPB with document requests.

The goal is obvious: dig out material the GOPers can use to embarrass the agency. And if nothing untoward is discovered, Republican legislators can at least pin down the bureau with onerous paperwork demands. Democrats fear Republicans’ new information-gathering abilities will make it easier for the agency’s foes to launch witch-hunt style investigations of the CFPB similar to those former House oversight committee chair Rep. Darrell Issa (R-Calif.) launched regarding Benghazi and the IRS.

All committees in both the House and the Senate have the right to subpoena federal agencies for information. But until recently, either the most senior committee member from the minority party had to sign off on a subpoena or the entire committee had to vote on the request. In the last Congress, six House committees okayed a rule change giving the committee chair unilateral subpoena power. On Tuesday, the House financial services committee—which has jurisdiction over the CFPB—voted along party lines to grant the same privilege to its Republican chairman, Jeb Hensarling of Texas.

Republicans already have a track record of looking for information that could tarnish the CFPB’s reputation, and Democrats fully expect Hensarling to continue down the same path. And now Hensarling, a fierce CFPB critic, will be able to more easily mount politically motivated investigations of the agency.

Without the rule change, GOPers could still push through the subpoenas. As the majority, Republicans on the committee could vote to approve an information request. But with its new subpoena superpowers, the committee can demand records without a vote—and, thus, can keep the process from the public eye, a spokesman for the committee Democrats says. No longer will there be a public hearing where lawmakers can debate the subpoenas and Democrats can make a case if they think Hensarling and the Republicans are abusing the privilege. Last year, for example, ranking Democratic member Rep. Maxine Waters (D-Calif.) used the public forum to convince Hensarling to back down on a Treasury Department subpoena.

Now, if Democrats want to keep GOPers from going on a fishing expedition aimed at tarnishing the CFPB, they won’t have as much of an opportunity to create a ruckus. At a committee hearing Tuesday, Waters, the senior Democrat on the panel, called the rules change “anti-democratic” and “insulting.” (Under the new rule, Waters will be given 48 hours notice before Hensarling issues a subpoena, so that she can alert the press if she wants.)

“We think it’s ridiculous that the Republican leadership is exporting the Issa model to the rest of the House,” a Democratic staffer told Politico. Several other House committees are expected to approve similar powers for their chairs this month.

Last year the GOP-dominated financial services committee voted to subpoena three CFPB officials to require them to testify in an ongoing investigation of alleged discrimination against minorities and women at the bureau. Democrats claimed the move was politically motivated.

Hensarling has not yet indicated how he might use the new subpoena powers. Some Republicans are unhappy with the CFPB’s plan to crack down on shady payday lenders, so Hensarling could potentially subpoena the data the agency is collecting in an attempt to prove the effort is overly invasive. Hensarling denies the new rule is undemocratic.

The CFPB did not respond to a request for comment.

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GOP to Give Elizabeth Warren’s Consumer Protection Agency the Darrell Issa Treatment

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The Notorious Princeton Mom Thinks It’s Only Rape If the Attacker Uses a Gun or a Knife

Mother Jones

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Author Susan Patton, aka the “Princeton Mom,” is jumping into the national discussion about campus sexual assault, telling CNN’s Carol Costello that the current definition of rape has been warped into nebulous exaggeration.

“It is no longer when a woman is violated at the point of a gun or a knife,” Patton explained. “We’re now identifying as rape what really is a clumsy hookup melodrama or a fumbled attempt at a kiss or caress.”

Patton’s comments were prompted by a new report from the Bureau of Justice Statistics showing that only one in ten sexual assault assailments use weapons and 80 percent of victims are familiar with their attackers. She basically depicts these situations as inebriated, bad choices between two friends, and nothing more.

Patton goes on to describe most assaults as “learning experiences” and wonders, “why do you not just get up and leave? Or why do you not, as a woman, tell a man who’s making advances that, ‘You know what? Stop, leave.’”

It’s sad to say, but Patton’s views are nothing out of the ordinary, despite the fact one in five undergraduate women experience sexual assault in college. But in light of the recent controversy ignited by Rolling Stone’s UVA story and mounting rape allegations against Bill Cosby, Patton’s opinions are especially obnoxious.

Watch and behold a perfect example of how not to talk about rape:

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The Notorious Princeton Mom Thinks It’s Only Rape If the Attacker Uses a Gun or a Knife

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A GOP Senate’s First Target: Elizabeth Warren’s Consumer Protection Agency

Mother Jones

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If the GOP wins the Senate, they’ll no doubt use the opportunity to push through a range of measures that are kryptonite to Democratic voters—new abortion restrictions, limits on the ability of the Environmental Protection Agency to combat climate change, a relaxation of the rules reining in Wall Street’s worst excesses.

But Republicans are particularly keen on handicapping one particular federal watchdog: the Consumer Financial Protection Bureau (CFPB), the three-year-old agency that Sen. Elizabeth Warren (D-Mass.) devised and helped build in the wake of the financial crisis.

The bureau’s job is to make sure Americans aren’t getting screwed by mortgage lenders, credit card companies, debt collectors, and other financial institutions. It’s the first federal agency designed specifically to protect everyday consumers from financial wrongdoing, and Republicans have done everything in their power to hobble the agency—including fighting the confirmation of its director, Richard Cordray. Winning the Senate in November could be their best chance to roll back Warren’s greatest accomplishment.

Half of their work is already done. The House has passed a bill that would limit the bureau’s power by replacing its director with a five-member panel, and subjecting its budget to the congressional appropriations process—meaning that hostile lawmakers could starve it to death. (Unlike most federal agencies, the bureau is bankrolled by the Federal Reserve, an effort to free it from the whims of partisan politics.) House Republicans have also introduced legislation to let other financial regulators overturn CFPB rules, to eliminate a fund the bureau uses to compensate consumers who’ve been defrauded by an institution that’s gone belly-up, and to restrict the kind of data the bureau may collect from consumers. (Republicans have charged that the CFPB’s collection of credit data is a violation of privacy, even though the bureau does not collect any personal details the consumer doesn’t volunteer.)

The Democratic-controlled Senate has refused to consider these types of bills from the House, but the floodgates would open with a GOP takeover. “You just have to watch the House to see what is going to come out of the Senate,” says a Senate Democratic staffer who works on banking issues.

Sen. Richard Shelby (R-Ala.), who is expected to chair the banking committee if his party takes the Senate, has led the charge to water down the CFPB’s powers. Financial-reform advocates say he would likely speed the House bills through committee.

President Obama, of course, has his veto power—Senate Dems could block legislation so long as Republicans lack a filibuster-proof majority. But Obama and his party might cave, Hill staffers say, if anti-CFPB legislation were attached to a bill they really had to pass, such as an appropriations bill or a debt ceiling measure.

A Republican-controlled Senate would also likely try to eviscerate portions of the 2010 Dodd-Frank financial reform act. In 2011, Shelby introduced a bill to beef up the requirements that force banking regulators to conduct cost-benefit analyses prior to issuing any new rule—a significant hurdle. Last year, the House passed a handful of bills to deregulate derivatives, often-opaque banking products that have been demonized as “financial weapons of mass destruction.” In June, House Republicans passed a bill chipping away at consumer mortgage protections.

The financial industry and Republicans are likely to sell these Dodd-Frank rollbacks as “small technical” fixes, a former Treasury Department official told me, and “the White House is more likely to cave” and sign them into law if “they don’t have help from a Democratic Senate in blocking and tackling.”

A GOP Senate would scale back financial regulations “in so many ways,” the Democratic Senate staffer says, “I don’t know where to start.”

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A GOP Senate’s First Target: Elizabeth Warren’s Consumer Protection Agency

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Prison Rates are Down. Thanks to Lead, They’re Going to Stay Down.

Mother Jones

Yesterday the Bureau of Justice Statistics released the latest numbers on incarceration rates, and the headline news is that we’re sending fewer people to prison. But there’s an interesting wrinkle in the numbers that few news outlets have picked up on, even though it’s a trend that’s been obvious in the numbers for a long time. Here it is:

That’s from Rick Nevin, and you know what’s coming next, don’t you? Lead. It explains a lot of what’s going on here.

The US started phasing out gasoline lead in 1975, which means that children born after 1975 were exposed to steadily less lead. And the effect was cumulative: the later they were born, the less lead they were exposed to and the less crime they committed when they grew up. However, children born before 1975 were unaffected by all this. They were born in a high-lead era, and since all that matters is exposure during early childhood, the damage had already been done.

In 2013, this means that the statistics show a reduction in crime rates in adults under the age of 40, and the younger the cohort the lower the crime rate. Unsurprisingly, this also means they’re incarcerated at lower rates. The chart above shows this fairly dramatically.

But it also shows that incarceration rates have stayed steady or increased for older men. Those over the age of 40 had their lives ruined by lead when they were children, and the effect was permanent. They’re still committing crimes and being sent to prison at the same rate as ever. It’s hard to explain both these trends—lower prison rates for kids, higher prison rates for the middle-aged—without taking lead into account.

This is one of the reasons that the lead-crime hypothesis is important. In one sense, it’s little more than a historical curio. It explains the rise and fall of crime between 1960 and 2010, but by now most environmental lead has been cleaned up and there’s only a limited amount left to worry about. So it’s interesting, but nothing more.

But here’s why it matters: if the hypothesis is true, it means that violent crime rates aren’t down because of transient factors like drug use or poverty or harsh penal codes. The reduction is permanent. Our children are just flatly less violent than the lead-addled kids who grew up in the years after World War II. And that in turn means that the decline in incarceration rates is permanent. We don’t need as much prison space as we used to, and we don’t need punitive penal codes designed to toss kids behind bars for 20 years at the first sign of danger.

In other words, we can ease up. Our kids are less violent and our streets are less dangerous. Nor is that likely to change. The lead is mostly gone, and it’s going to stay gone. We’re safer today not because of broken windows or three-strikes laws or 20-year sentences for dealing cocaine. We’re safer because we’re no longer poisoning our children in ways that turn them into hair-trigger thugs. And guess what? If we cleaned up the ambient lead that still remains, we’d be even safer 20 years from now.

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Prison Rates are Down. Thanks to Lead, They’re Going to Stay Down.

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