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CNN and the New York Times skip climate change in the fourth Democratic debate

Moderators of the three previous Democratic primary debates caught a lot of flak from environmental advocates for not spending enough time on climate change. On Tuesday night, moderators of the fourth debate paved the way for a new era of climate politics by featuring warming front and center. Just kidding. In actuality not a single question about the biggest threat facing residents of the United States, and the world, was asked of the 12 candidates who qualified for the debate.

That’s despite the fact that CNN, one of the night’s two host media organizations, recently held a climate change-themed town hall during which moderators grilled candidates on all angles of the issue. The New York Times, the other host, has a team of journalists specifically assigned to climate stories. (CNN even ran a Times ad touting its climate coverage during one of the debate’s commercial breaks). And yet, somehow, CNN and the Times were unable to muster even a yes/no question about a crisis that is projected to claim millions of lives and alter the world as we know it.

Instead, the candidates were asked about hot topics in recent news cycles, like about whether President Trump should be impeached and the commander-in-chief’s recent decision to pull troops out of Syria — as well as topics that have come up previously, like gun control, a wealth tax, and the minutiae of single-payer health care versus Medicare for all versus “Medicare for all who want it.” That’s all well and good: It’s certainly important that voters hear from the candidates on those issues. But at the 11th hour, when it seemed the moderators might finally ask the candidates a question about climate change, they delivered a disappointment of epic proportions.

Fifteen minutes before the end of the three-hour debate, CNN anchor Anderson Cooper referenced a recent controversy that erupted when a photograph of comedian and talk show host Ellen DeGeneres and George W. Bush watching a Cowboys game together surfaced. “I think that we’ve forgotten that that’s O.K. that we’re all different,” DeGeneres, a lesbian and self-identified liberal said in response to the backlash about her hang with the former Republican president. “In that spirit, we’d like you to tell us about a friendship that you’ve had that would surprise us and what impact it’s had on you and your beliefs,” Cooper said to the candidates.

That’s right. Moderators opted to go with a question about Ellen DeGeneres and friendship over the climate crisis. Climate experts and activists were … not pleased.

Even some of the candidates themselves took to Twitter to voice their displeasure with the moderators.

One former candidate, climate hawk and Washington State Governor Jay Inslee, had to weigh in.

Not all hope is lost. The moderators dropped the ball (and then kicked it into a flaming volcano), but several candidates managed to sneak flicks at the climate crisis into their answers on other topics. Bernie Sanders talked about how his climate plan will create 20 million new jobs in response to a question about manufacturing. Pete Buttigieg mentioned not losing sight of dealing with climate change while many in his party were preoccupied with Trump’s potential impeachment. Tom Steyer, the billionaire newcomer who has launched a campaign to bring out the climate vote, named a grassroots environmental activist in South Carolina as his unlikely friend. In fact, a majority of the candidates on stage thought to mention climate change over the course of Tuesday night’s debate.

Considering that recent polls show that, among registered Democrats, climate change ranks up there with issues like universal health care, gun control, and impeachment, you’d think moderators would want to, y’know, bring it up from time to time.

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CNN and the New York Times skip climate change in the fourth Democratic debate

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What’s driving California’s emissions? You guessed it: Cars.

California received plenty of praise back in 2016 when it hit its target for cutting greenhouse gas emissions four years ahead of time. But the Golden State’s progress has slowed, according to a report out Tuesday from a nonpartisan research center. California is now on track to hit its 2030 goal in 2061. Three whole decades late.

The biggest problem: California’s beloved cars.

“This is a sobering report,” said F. Noel Perry, a California investor who founded the center behind the report, Next 10. “We are at a very important point: California is going to need major policy breakthroughs and deep structural changes if we’re going to meet our climate goals.”

What happened? Over the last three years, California has reduced emissions at a rate of only 1.15 percent. At that pace, it would take a century for the state to zero-out carbon emissions. But a law ex-Governor Jerry Brown signed in 2016, requires the state to reach zero emissions by 2050. Since falling behind, the state would need to step up emissions reductions to 4.51 percent every year, according to the report.

Next 10

Next 10’s report, the California Green Innovation Index, shows that the state has plucked most of the low-hanging fruit, mainly by cleaning up electricity production. California’s next challenge is the tougher job of eliminating climate pollutants from transportation, industry, and homes, and offices. And, yes, all of those cars.

Passenger vehicles alone produce nearly a third of California’s emissions, more than all of the electric plants, livestock, and oil refineries in the state put together. Vehicle ownership has reached an all-time high, as has the total miles that Californians are driving. Moreover, “even in climate conscious California we’ve seen a consumer preference shift to favor SUVs and light trucks,” said Adam Fowler of Beacon Economics, which prepared this report for Next 10.

Next 10

Since early 2017, more than half the new passenger vehicles Californians bought were SUVs and trucks.

Another big, related problem is housing. California’s economy is booming, but cities haven’t built the homes needed by all the new workers. That’s forcing more people into suburbs far from public transportation. The report found that the percentage of people choosing public transit “declined substantially throughout most of California between 2008 and 2018.” Failure to build housing is doubly bad because new buildings are much more efficient in terms of insulation,climate control, and energy efficiency. Every new home even gets solar panels.

“This is one of the gnarliest challenges,” Perry said. “How do we reduce commute times and how do we build denser housing?”

It’s not all bad news. California continues to prove it’s possible to cut carbon emissions while the economy expands. From 2016 to 2017, California’s economy per capita grew 3.1 percent while each person’s emissions decreased.

And the authors said that the state still deserves a lot of credit. “California policies have made appliances more efficient, renewable energy cheaper, and given cars better gas mileage all across the country,” Perry said.

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What’s driving California’s emissions? You guessed it: Cars.

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Climate change means wild weather. Does that include snowstorms?

If it seems like just last week that summer ended, you are correct — so why does the first day of October look like the dead of winter in the Northern Rockies? Over the weekend, Montana Governor Steve Bullock issued a state of emergency after an unusually intense “winter” storm dropped 48 inches of snow on some parts of the state.

This year has already included a slew of record-setting weather events in the Northern Hemisphere, all courtesy of climate change. Heatwaves across Europe and the Arctic made this the hottest summer ever recorded, the midwestern U.S. is still recovering from terrible floods, and we’re currently in the middle of an unusually intense hurricane season.

So where does Montana’s pre-Halloween winter wonderland fit into all that? If you’re reading this, you probably know that weather and climate are not the same thing, and extreme winter weather doesn’t refute the existence of climate change. (Seriously, y’all, it’s 2019 — don’t be that senator who brought a snowball into Congress to disprove global warming.)

But could the Montana storm have been caused or exacerbated by climate change? Yes. Meteorologists and atmospheric scientists caution that more research is required to know exactly how big a role climate change played in this weekend’s storm, specifically. But it’s possible, and even likely, that climate change contributed to, and intensified, the conditions that made a storm this big possible.

The first mechanism by which climate change could have affected the storm is pretty basic: Warming temperatures lead to evaporating water, which leads to a wetter atmosphere, which leads to more precipitation.

“[A]ll storms are influenced to some degree by climate change because the environment is warmer and moister than it used to be,” said Kevin Trenberth, a scientist at the National Center for Atmospheric Research. Since weather events are determined by factors specific to each situation, Trenberth didn’t think it was accurate to say the storm’s strength was entirely due to climate change — however, “the potential for bigger snowfalls in spring and fall is one of the signatures of climate change.” (Heavy snowfall in Montana this early in the fall is unusual, but not entirely unprecedented — the first snow of the season in 1992 in Great Falls was on August 22.)

There might be another, slightly more convoluted way climate change is affecting the weather that basically boils down to this: Rising Arctic temperatures are messing with the jet stream.

Jet streams are currents of wind way up in the atmosphere (at the altitude planes fly, hence the name) flowing west to east along the boundaries between hot and cold air. There’s one above the northern U.S., and it’s a key player in determining a lot of the region’s weather.

Jennifer Francis, a scientist at the Woods Hole Research Center, studies how Arctic warming affects the weather in the rest of the northern hemisphere. She said a “contorted jet-stream configuration” was “a less direct connection” between climate change the storm — “and much more controversial, but a topic of active research.”

It’s normal for jet streams to have some north-south fluctuation. But with the melting of cold-retaining sea ice, the Arctic is warming faster than the rest of the hemisphere, which researchers like Francis think is making the jet stream slower-moving and wavier as the difference in temperature between the Arctic and land further south decreases.

Francis explained that “unusually warm ocean waters off the west coast and around Alaska” — the result of melting sea ice — helped caused the jet stream to dip so far south, setting up the conditions for this weekend’s wet, heavy storm.

“An early snowstorm like this could have occurred through random chance, but there’s no question (in my mind) that climate change has made it worse,” Francis said.

Scientists have long warned that climate change will bring more frequent, wetter, and slower-moving storms. If this weekend’s storm shows us anything, it’s that that doesn’t just mean hurricanes. “I’d say the dice are loaded in favor of more unusual weather events this winter,” said Francis, “but it’s hard to say who will be affected the most.”

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Climate change means wild weather. Does that include snowstorms?

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Looking for a CNN Climate Crisis Town Hall drinking game? Bingo!

So you’ve decided to watch CNN’s Climate Crisis Town Hall on Wednesday evening. That means you’re either a climate wonk who’s willing to spend seven hours of your precious free time listening to politicians prattle about global warming, or you can’t figure out how to change the channel. Either way, hello and welcome!

The town hall’s rules of engagement are simple. Ten presidential candidates will have 40 minutes each to share their ideas for fixing humanity’s biggest and scariest problem ever. And what better way to prepare you to digest that marathon strategy-fest than a little climate action aperitif?

That’s right, we’ve come up with the ultimate drinking game to complement the delicate aroma of the world bursting into flames. (Though abstainers should feel free to stick with us and sub a couple of Marianne Williamson’s pre-debate yoga moves).

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If you follow our nifty drinking guide, our goal is to leave you sober enough to decipher Bernie’s thick Brooklyn accent but drunk enough to keep the TV on when Biden promises to unlock the power of “American innovation.” (Drink!)

Ready? Let’s go.

How to play

The game itself is simple: climate candidate bingo! Keep tabs on each presidential wannabe’s quotable quotes and take a sip for each phrase that gets mentioned. We’re sure the multiple hours of dense, environmental policy proposals will just fly by. (You can download a PDF version of the bingo board here.)

Grist

The games begin at 5 p.m. Eastern with former Housing and Urban Development Secretary Julián Castro. The “fun” won’t end until Cory Booker closes out starting at 11:20 p.m., so consider chugging some water at least every time CNN switches moderators or you’ll be Wolf Blitzer-ed by the time Amy Klobuchar rolls up.

5:00 p.m. Julián Castro
5:40 p.m. Andrew Yang
6:20 p.m. Kamala Harris
7:00 p.m. Amy Klobuchar
8:00 p.m. Joe Biden
8:40 p.m. Bernie Sanders
9:20 p.m. Elizabeth Warren
10:00 p.m. Pete Buttigieg
10:40 p.m. Beto O’Rourke
11:20 p.m. Cory Booker

Pregame idea: Raise a glass to the dearly (Democratically) departed.

Your brain (and liver) should probably be grateful that not all of the original 20-some Democratic candidates have made it this far in the election cycle. But a few drop-outs had some interesting climate ideas along the way. If you’re up for pregaming, consider pouring one out for the following candidates:

Jay Inslee — Ah, the original “climate candidate.” The Washington governor’s impressive environmental record and, um, crowd appeal will be sorely missed during this town hall. I would tell you to take a shot for every climate plan Inslee released during his run for president but there are six of them and I’m not trying to kill you. So slowly sip a sustainable beverage for dear old Jay as you scan the remaining candidates for your new “climate daddy.” (Google if you dare.)

John Hickenlooper — The former Colorado governor is gone from the presidential foray but not forgotten (because he’s running for Senate). His climate plan, however, which didn’t do much to offset his history of boosting fracking in his state, might merit a little forgetting. If you do drink to his memory, just make sure it’s not fracking fluid — that’s John’s job.

Kirsten Gillibrand — The #metoo candidate was the most recent campaign casualty in the rapidly thinning Democratic primary. She is survived by her impressive $10 trillion climate plan, which includes a tax on carbon pollution. Raise a glass of whiskey, Gillibrand’s “favorite comfort food,” to that.

Bonus doomsday dares

Need some additional entertainment? Spice up the evening with a few of the following challenges:

Phone your grandma when Joe Biden calls one of the other full-grown adults on stage “kid.”
Shotgun a Michelob Ultra every time Elizabeth Warren gets raucous applause for one of her six climate plans.
Have a friend go into another room and read last year’s entire 2,000-page Intergovernmental Panel on Climate Change report. Whoever cries themselves to sleep first wins!
Scream “Ask not what your country can do for you — ask what you can do for your country” at the TV when someone uses JFK’s moon landing project as a metaphor for taking on climate change.

Seven hours of climate policy might feel like a poor substitution for, say, an official climate debate, but it’s a major step up for broadcast media. Last year, national broadcast networks spent only 142 combined minutes discussing the issue.

Ideally, an uptick in coverage would be spread out over the course of several months, not concentrated in one brutally long political masterclass. But the occasion seems to have prompted a number of 2020 procrastinators to release climate plans ahead of the event. On Tuesday, Warren, Klobuchar, and Booker unveiled proposals, and Buttigieg slid in just under the wire, releasing his climate plan Wednesday morning. Harris said she also intended to release a plan pre-town hall.

But you know what? We’ll take what we can get, even if it’s too little too — Ding dong! Who’s there? The delivery guy with the baked potato you drunkenly ordered in honor of Amy Klobuchar.

Go to bed.

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Looking for a CNN Climate Crisis Town Hall drinking game? Bingo!

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5 ways Puerto Rico is still struggling to recover from Hurricane Maria

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

Tropical Storm Dorian skirted Puerto Rico’s western corner on Wednesday, before heading north towards Florida, where it is expected to develop into a Category 3 hurricane. While the storm spared Puerto Rico of much damage, it raised attention to how the island is still in recovery mode — and ill-equipped for another natural disaster.

Hurricane Irma struck Puerto Rico in early September 2017. Two weeks later, on September 20, Hurricane Maria made landfall in the municipality of Yabucoa. When the debris settled, almost 3,000 people were dead, thousands more were displaced, and the island’s already aging infrastructure was severely weakened. The island’s antiquated power grid, which had been neglected for years, took an especially hard blow. Immediately after the storm, at least 1.5 million people were left without electricity, some for almost a year, casting the island into the longest blackout in U.S. history.

Efforts to rebuild the island have been slow, stymied by a mixture of colonial exploitation, government bureaucracy, partisan politics, civil unrest, and a president who’d rather blame Puerto Rico for inconveniencing him with another hurricane rather than providing actual leadership.

Making things even more volatile, just last month, former Governor Ricardo Rosselló stepped down following massive protests that called for his resignation. An unelected fiscal control board continues to run the island’s finances, implementing severe austerity measures in an effort to pay back the island’s roughly $70 billion debt.

As Puerto Ricans prepare themselves for another hurricane season, under shifting local leadership and in a world with increasingly unstable weather, here are five numbers that highlight just how vulnerable Hurricane Maria left the island:

$139 billion in damages

That’s how much former Governor Ricardo Rosselló estimated it would cost, in a report he filed to congress last August, for the island to fully recover from Hurricane Maria and Irma’s destruction. The former governor sought money from the federal government as well as foundations, other nonprofits, and Puerto Rico’s general budget to help cover this hefty cost. The federal government allocated not even half of that, only $42.6 billion, for rebuilding efforts, according to federal data. And Puerto Rico has received only $13.8 billion so far.

30,000 blue tarps

According to Rosselló’s report, approximately 90 percent of the island’s nearly 1.23 million households asked for relief and housing assistance from the Federal Emergency Management Agency immediately after Hurricane Maria. Seventy-eight percent of those households experienced damage to their home’s structure. FEMA provided blue tarps to residents whose roofs had been torn off by the storm, and today, the tarps are still widely visible on the island. Around 30,000 households still take shelter under these tarps instead of permanent roofs, AP reporter Danica Coto told PBS Newshour this week.

470,000 fewer people

While Puerto Rico’s population was declining long before Hurricane Maria made landfall, the storm accelerated an exodus of people moving off the island, many to the United States mainland. According to a report by the Center for Puerto Rican Studies at Hunter College, between the time right before the storms to the end of this year, Puerto Rico may lose more than 470,000 residents, or 14 percent of its total population. This depopulation has severe impacts on the island’s economy, causing a shortage of school-aged children, an aging population, as well as a loss of the island’s most educated people in a phenomenon known as “brain drain.” According to Roselló’s report, this continuing loss has “added to the stress on [Puerto Rico’s] economy and created a shortage of professional workers in many sectors.”

2.4 million trees needed

It is estimated that Hurricane Maria and Irma damaged anywhere between 20-40 million trees, causing serious environmental harm. In his recovery plan, Rosselló said at least 2.4 million trees needed to be replanted throughout the island to undo many of these negative impacts, including landslides which he said had increased by the “tens of thousands,” as well as serious threats to ecosystems. According to a 2018 report by the National Aeronautics and Space Administration, the damage to Puerto Rico’s forests had far-reaching effects:

Trees stabilize soil on slopes with their roots. The loss of trees, plus the accumulation of downed branches, can contribute to landslides, debris flows, and increased erosion. Those problems can, in turn, lead to poor water quality in streams and rivers where excess sediments build up.

24% of communities with poor communication

During Hurricane Maria, many people couldn’t call 911 because both cell and landline services weren’t working, and they couldn’t be reached by family members on the mainland who were trying to help. As of last June, 24 percent of municipalities on the island reported that half or less of their community still did not have cell phone or landline coverage. As of this week, according to the New York Times, “the government has not purchased the technology that would allow a 911 dispatcher to pinpoint a caller’s location, and has not replaced the dozens of dispatchers who have quit and left the island since 2017, according to Aramis Cruz, president of the local union.”

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5 ways Puerto Rico is still struggling to recover from Hurricane Maria

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‘Another hurricane?’ How climate disasters can give us compassion fatigue

Hurricane season is just getting started, and some U.S. politicians (cough cough TRUMP cough cough) already seem to be suffering from climate-related compassion fatigue.

In response to the news that then-Tropical Storm Dorian (now a Category 1 hurricane) was on its way toward Puerto Rico, President Trump seemed to blame the U.S. territory — or at least the weather gods — for the island’s repeated weather-related woes.

“Wow! Yet another big storm heading to Puerto Rico. Will it ever end?” Trump tweeted on Monday. He went on to lament a falsely inflated federal price tag associated with recovery from Hurricane Maria, which hit the island as a Category 4 storm in 2017. “Congress approved 92 Billion Dollars for Puerto Rico last year, an all-time record of its kind for ‘anywhere.’” (Just to set the record straight, Congress has allocated only about $42 billion to Maria recovery — and only about $14 billion of the money has reached the island so far.)

Hurricane Dorian, which is expected to hit the island on Wednesday, is also giving Puerto Ricans a sense déjà vu. But in contrast to the mainland’s mild attitude of annoyance at the repeat event, the idea of another storm hitting the island is ramping up local concerns. Puerto Rico’s newly minted governor Wanda Vazquez declared a state of emergency as the island is still recovering from the devastation of Hurricane Maria. “Puerto Ricans on the island have a serious case of PTSD,” Timmy Boyle, the spokesman for environmental justice group ACASE, told Grist. “Right now, there are long lines in gas stations and empty shelves at supermarkets, especially with water.”

Hurricane Maria was the deadliest natural disaster in U.S. history, that killed almost 3,000 people. Some residents are still living under blue tarps from the Federal Emergency Management Agency. Meanwhile, the Trump administration is pulling a whopping $271 million in funding from FEMA disaster relief to pay for immigration detention space and temporary hearing locations for asylum-seekers on the southern border

The scientific consensus is that climate change will contribute to more frequent extreme weather events — be they hurricanes in the Caribbean, heatwaves in Europe, or flooding in Bangladesh. On a global scale, these events showcase how climate change is becoming an ever-increasing problem. Serialized emergencies increase a place’s vulnerability to climate change by inflicting new stress before infrastructure or morale have fully recovered from the last tragedy. Yet those outside affected zones can start to unconsciously dismiss repeated disasters as simply “the new normal.”

Compassion fatigue is a phenomenon wherein people withdraw after long periods of taking on others’ emotional burdens. As a person becomes overexposed to bad news, they can become more indifferent toward that type of suffering. And according to some experts, the opposite effect — heightened climate anxiety — can be just as paralyzing. In a 2017 Atlantic article, journalist Julie Beck argued that climate anxiety can cause people to turn inward, focusing on their own emotional state versus the plight of others.

“We make the assumption that if people are aware of how urgent and frightening and scary these issues are, then people will automatically translate that into ‘Oh my gosh, what kind of actions can I take?’” Renee Lertzman, a psychologist who studies climate-change communication told Beck. “That’s just simply not the case.”

That lack of empathy, whether it’s a result of compassion fatigue, crippling climate anxiety, or just being kind of a jerk, is bad enough when it’s coming from your fellow Americans. But as Puerto Ricans know, it’s worse when it’s directed at you from the commander in chief. “Trump shows no compassion for us,” said Jessica Montero Negrón, a community leader in the rural municipality of Utuado, speaking in her native Spanish. “People here are really scared.”

The solution, at least for locals, is to err on the side of being safe rather than sorry and fight harder for resources when it comes to future storms. On CNN, San Juan Mayor Carmen Yulin Cruz — who has a history of sparring with Trump — said, “It seems like some people have learned the lessons of the past or are willing to say that they didn’t do right by us the first time and they are trying to do their best. That is not the case with the president of the United States.”

“We are not going to be concerned by, frankly, his behavior, his lack of understanding, and it is ludicrous. So get out of the way, President Trump, and let people who can do the job get the job done.”

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‘Another hurricane?’ How climate disasters can give us compassion fatigue

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The first Democratic debate revealed who the real climate candidates are

land of the fee

Watch out, Big Oil. Jay Inslee’s back at it again with a greenhouse gas fee.

Adding to his growing stack of policies aimed at averting the climate crisis, Washington Governor Jay Inslee, one of the 23 Democrats running for president, announced Monday the fourth part of his Climate Mission: the Freedom from Fossil Fuels plan.

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The first Democratic debate revealed who the real climate candidates are

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After Standing Rock, protesting pipelines can get you a decade in prison and $100K in fines

Cherri Foytlin and her fellow protestors spent much of last summer suspended 35-feet in the air in “sky pods” tied to cypress trees. They were hoping to block the Bayou Bridge Pipeline from running through their part of Louisiana.

At the time, Energy Transfer Partners was building the pipeline to move oil between Texas and St. James Parish in southern Louisiana, crisscrossing through the Atchafalaya Basin, one of the largest swamps in the country. Foytlin and others with the group L’Eau Est La Vie (“Water Is Life”) set up wooden platforms between trees along the proposed path of the pipeline. The construction crew couldn’t build the pipeline with a protestor dangling above.

Though the protesters were on private land with the landowner’s permission, some were eventually arrested by St. Martin’s Parish Sheriff’s deputies in mid August. The pipeline was completed in March, yet Foytlin could still face up to five years in prison and $1,000 in fines.

That’s because Louisiana’s Governor John Bel Edwards, a Democrat, signed HB 727 into law last spring, making trespassing on “critical infrastructure” property a much more serious crime than garden-variety trespassing. What was once a misdemeanor is now a felony. The law takes a broad view of what’s “critical”: pipelines, natural gas plants, and other facilities, as well as property on a proposed pipeline route, even if the pipeline isn’t there yet.

Foytlin is one of at least 16 people in Louisiana who’ve been arrested and charged with felonies under the new law, according to Loyola University law professor Bill Quigley, who’s representing Foytlin. All of them were jailed and had to post bonds, some as high as $20,000 to get out. The district attorney hasn’t officially charged any of them yet, Quigley said.

“These are people saying let’s make sure we have something left for future generations in the most beautiful swamp in the world,” Foytlin said. “And for that we were charged with felonies, we were beaten, we were stepped on, I was choked.” To her, the law allows the state to jail people for unpopular political views. (Messages left with the St. Martin Parish Sheriff’s Office weren’t returned.)

The effort to punish pipeline protestors has spread across states with ample oil and gas reserves in the last two years and, in some cases, has garnered bipartisan support. Besides Louisiana, four other states — Oklahoma, North Dakota, South Dakota and Iowa — have enacted similar laws after protests against the Dakota Access Pipeline generated national attention and inspired a wave of civil disobedience.

Just last week in Texas, House lawmakers passed a bill that makes interfering with some oil and gas operations makes interfering with operations at oil and gas facilities a third-degree felony — on par with indecent exposure to a child.

Lawmakers in at least seven other states, including Minnesota, Kentucky, and Illinois, are considering similar legislation.

All these efforts have garnered broad support from the oil and gas industry. And many of the bills bear a startling resemblance to model legislation being pushed by the American Legislative Exchange Council, a conservative nonprofit backed by the Koch Brothers.

They have a lot in common. For starters, they heighten penalties for damaging oil and gas infrastructure and for trespassing with the intent to disrupt operations. Some mete out punishments of up to 10 years in prison and $100,000 in fines. Others would penalize organizations that “aid” protesters, making environmental groups liable for the actions of their members.

“This law is unnecessary,” said Elly Page, an attorney with International Center for Not for-Profit Law, a group that has been tracking this legislation around the country. “Trespass is already a criminal offense under the law. Damaging private property is already a criminal offense. These create really egregious penalties for conduct that’s already penalized.”

The forces behind the scenes

By the beginning of 2017, hundreds of protesters at Standing Rock had spent months clashing with law enforcement and private security guards hired by the pipeline company Energy Transfer Partners. Videos of law enforcement blasting protesters with water cannons had gone viral, and the Cheyenne River Sioux tribe filed suit to block the pipeline. Inspired by those protests, a coalition of Native American and environmental activists in Oklahoma announced they planned to stop construction of the Diamond Pipeline, which would carry oil from Cushing, Oklahoma to Tennessee.

That February, a Republican member of Oklahoma’s state House, Representative Mark McBride sponsored a bill raising penalties for trespassers on property with oil and gas infrastructure and holding any “person or entity that compensates or remunerates a person for trespassing” liable. McBride said at the time that the idea for the bill came from protests against the Dakota Access Pipeline. When asked how he would define “compensates,” he punted, saying it “would be for the courts to decide.”

Gov. Mary Fallin signed McBride’s bill into law three months later, along with another piece of legislation that created penalties for protesting near facilities considered “critical infrastructure.” Protesters in Oklahoma can now face a fine of up to $1,000 and six months in jail, and organizations that “compensate” them are liable for up to $1 million.

That caught the attention of ALEC. The influential group takes corporate money and drafts ready-made legislation for lobbyists and lawmakers. It has been behind the effort to exempt Big Oil from having to disclose chemicals in fracking fluids and pushed so-called ag-gag laws, which stymie undercover investigations of agricultural operations.

At a national conference organized by ALEC in December 2017, the group’s Energy, Environment, and Agriculture task force proposed a model bill titled the “Critical Infrastructure Protection Act.” A few months later, ALEC’s board signed off on the bill, and it soon appeared on the organization’s website. Bills with similar language then began cropping up in state legislatures.

In March 2018, then-Louisiana State Representative Major Thibaut, a Democrat, introduced HB 727, the one that landed Foytlin in jail. That same month, Wyoming and Minnesota passed similar legislation which was later vetoed by their governors.

Oil and gas lobbyists have also been backing legislation penalizing protestors. In state after state, representatives for Big Oil were an overwhelming majority of those testifying and registering as lobbyists in support of the proposals.

This January, a lobbyist working with the American Fuel and Petrochemical Manufacturers wrote to Mississippi Governor Phil Bryant’s policy advisor promoting legislation “to provide for criminal penalties for those who wilfully and illegally trespass, disrupt, destroy” oil and gas facilities. The lobbyist noted in his email that he was “expecting a bill from Chairman [Angela] Cockerham and Chairman [Sally] Doty,” two members of the state’s legislature representing each side of the aisle. Doty and Cockerham introduced bills that fit his description in the Mississippi House and Senate that week.

The second wave

Environmental advocates who’ve been tracking these anti-protest bills say 2019 has ushered in a second wave of them. And ALEC appears to be cheering them on. In February, as a cold snap gripped the Midwest and Northeast, ALEC’s Grant Kidwell sent an email to members of the group’s Energy, Environment and Agriculture task force noting that Illinois, Indiana, Mississippi, and Wyoming had introduced legislation with similar language to their model bill. “The frigid temperatures brought by the polar vortex this week serve as a reminder of the important [sic] of energy infrastructure,” he wrote. “Thankfully, states have recognized the important [sic] of critical infrastructure and are moving to protect it.”

[Copies of the ALEC newsletter and emails by lobbyists were obtained by Documented, a watchdog group that tracks corporate influence on public policy, and provided to Grist.]

Texas has seen a handful of prominent pipeline fights in recent years, including ones opposing the Trans-Pecos pipeline near the Texas-Mexico border and the southern segment of the Keystone XL pipeline. Environmental groups and landowners are currently trying to stop construction of the Permian Highway pipeline, a 430-mile conduit to move natural gas from West Texas to the Gulf Coast.

The legislation could have a chilling effect on private landowners who’ve played a large role in fighting pipelines in Texas, said Judith McGeary of the Farm and Ranch Freedom Alliance, an advocacy group for independent farmers.

Valero has been building a pipeline through McGeary’s 165-acre farm in central Texas. A few weeks ago, McGeary, the daughter of a Holocaust survivor, said she found a swastika painted on the pipeline on her property. Suspecting that members of the construction crew were involved, she locked the gates to her farm and demanded that Valero send new workers. McGeary said Valero responded by threatening to sue for up to $500,000 in damages for interfering with construction. (Valero did not respond to a request for comment.)

“This was a horrible experience for us as it was,” she said. “We look at this legislation and they could’ve been threatening to have the sheriff come and pursue us for third degree felonies — for locking the gate for a weekend. It’s an incredible overreach.”

Environmental advocates see a key difference between the states that considered such bills last year and this year. In 2018, the vast majority were Republican-controlled and had significant oil and gas resources. Now the effort is spreading to states run mostly by Democrats, like Illinois, and devoid of large oil and gas deposits, like Kentucky. Illinois, for instance, is considering a bill that would make trespassing on critical infrastructure property a Class 4 felony, in line with obstruction of justice, criminal sexual abuse, and parental kidnapping.

‘Damn it, we’re going to go all in.’

Activists and First Amendment advocates are fighting back. In South Dakota, after Governor Kristi Noem championed bills that prohibit “riot-boosting” and enable the government to collect damages from protesters, the Oglala Sioux Tribe told her she’s “not welcome” on their reservation.

“These are our lands and our water,” the tribe’s president, Julian Bear Runner, wrote in a letter to Noem. “If you do not honor this directive … we will have no choice but to banish you.”

The ACLU has also filed suit challenging South Dakota’s new law on behalf of a handful of environmental and indigenous rights groups. Vera Eidelman, a staff attorney with the ACLU, pointed to one provision that allows the government to collect damages from protesters and use the money to cover the expenses of law enforcement.

“Meaning, essentially, if you protest the pipeline and are held liable under this law, you have to pay damages, and you are in fact funding this thing that you protested,” Eidelman said.

Quigley, the law professor representing Foytlin, said he plans on challenging Louisiana’s law as unconstitutional in federal court. “The law infringes on the First Amendment right to protest by being so vague that it can be used in an arbitrary and discriminatory manner as it was [with Foytlin],” he said.

For her part, Foytlin says such laws won’t deter her or other advocates from protesting pipelines. In fact, they might backfire.

“People will continue to go to prison.” she said. “They think that by upping the punishment they’re going to keep people from protesting, but what will happen is we’re going to do things that are more worth getting the felony. Because now if we’re going to jail, then damn it, we’re going to go all in.”

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After Standing Rock, protesting pipelines can get you a decade in prison and $100K in fines

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Trump’s New York buildings need to cut emissions or pay millions in fines

“Don’t mess with your hometown.” That was the message New York City Mayor Bill de Blasio had Monday afternoon for real-estate-mogul-turned-President Donald Trump, who has several properties subject to carbon emissions targets recently set by the Big Apple.

If the Trump organization fails to reduce the carbon footprint of the eight buildings in question, it could face more than $2 million in yearly fines starting in 2030.

“[Trump’s] not just a problem because of his policies in Washington. He’s a problem because his buildings are among the biggest polluters in New York City,” said de Blasio, who has confronted the president time and again over issues ranging from global warming to immigration.

Trump has often undermined the science of global warming, including reports issued by his own administration. He’s also said he intends to take the U.S. out of the Paris climate agreement — a promise House Democrats symbolically attempted to block by passing a doomed pro-climate bill earlier this month.

In April, New York City passed the Climate Mobilization Act, a package of 10 bills aimed at keeping the city compliant with carbon reduction goals outlined in the Paris accord. De Blasio expanded municipal climate policies by outlining his city-level “Green New Deal” (not to be confused with New York Governor Andrew Cuomo’s own statewide version, or Representative Alexandria Ocasio-Cortez’s much-discussed federal Green New Deal, which in its most clearly formed iteration is still just a non-binding resolution).

Keeping to NYC, De Blasio’s $14 billion deal would cut down greenhouse gas emissions by 30 percent by 2030.

Nearly 70 percent of New York City’s greenhouse gas emissions come from its buildings. The Climate Mobilization Act mandates buildings larger than 25,000 square feet reduce emissions by 40 percent by 2040 and 80 percent by 2050. These megastructures are just two percent of real estate in the city but are responsible for half of building emissions.

According to the mayor, Trump’s buildings’ carbon footprint is equivalent to 5,800 cars. “Maybe President Trump has forgotten where he comes from. This is the city that has suffered because of global warming and we are still vulnerable,” said de Blasio, referencing the devastation caused by Superstorm Sandy in 2012.

Speaking alongside the mayor at a rally inside Trump Tower, New York Communities for Change board member Rachel Rivera spoke about how she and her daughter are still recovering from Sandy seven years later. “We ran into the night with nothing  . . . When it rains extremely hard, [my daughter] gets extremely anxious,” she said. “New York City will not survive without a radical action to stop climate change.”

Rivera’s comments were met with both cheers and boos — the latter from counter-protesters who interrupted the gathering bearing signs that read, “Trump 2020.”

“Clearly the Trump Organization is a little sensitive to the fact that we’re calling them out for what they are doing to the climate and the way this building is a part of the problem,” de Blasio said. “But, we will not back down.”

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Trump’s New York buildings need to cut emissions or pay millions in fines

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A tale of two Washingtons: How Jay Inslee aims to take his climate plan nationwide

On a recent spring evening in Seattle, a crowd of nearly 1,000 gathered for a glimpse at one of the Democratic Party’s rising stars. When Washington Governor Jay Inslee bounded on stage, the audience let out a gasp, and collectively rose to its feet to offer a standing ovation.

Inslee was actually there to introduce Stacey Abrams, the Georgia Democrat who narrowly missed becoming the first black woman to be elected governor of a state. “I speak on behalf of 7 million Washingtonians in welcoming Stacey Abrams to the great state of Washington,” Inslee proclaimed, inviting his colleague from the South to join him at the lectern.

Like Abrams, Inslee hopes his star is on the rise. It’s been more than two months since he jumped into a then-crowded, now-overflowing Democratic presidential primary with one major item on his agenda: climate change.

In some respects, Inslee’s decision to run as the climate candidate couldn’t come at a more opportune time. Recent polling shows warming is the No. 1 issue for Democratic voters. And Inslee is in the midst of signing a slew of bills into law that will make Washington a national leader on climate.

Outside of his home state, however, crowds would likely be less moved to standing Os if Inslee unexpectedly appeared in front of them. He is currently polling at 1 percent. When I brought that fact to his attention, he quipped, “Solid!” But that level of support is barely enough to qualify for the dozen primary debates that will commence this summer.

More importantly, though, candidates with higher name-recognition are beginning to encroach on the ground he’s staked out. In 2016, it would have been easy for Inslee to set himself apart as a climate champion — presidential candidates spent a total of 5 minutes and 27 seconds discussing the issue. In 2019, the topic is a top-tier primary issue.

Already, Senators Elizabeth Warren and Cory Booker have released climate-related policy proposals focusing on public lands and environmental justice, respectively. This week, former Texas Representative Beto O’Rourke unveiled what was at the time the most comprehensive climate change plan of the bunch, aiming for net-zero emissions by 2050.

On Friday, Inslee came out with his own “100% Clean Energy for America Plan,” the first plank of a wider platform called the “Climate Mission.” It includes many of the positions that are gaining consensus among 2020 hopefuls: no drilling on public lands, re-enter the Paris climate agreement, ban highly polluting hydrofluorocarbons, and end tax breaks for fossil fuel companies, among other policies.

Where Inslee stakes out some new territory is with the three-pronged, central portion of his plan: Within a decade, he wants to eliminate pollution from new cars, new buildings, and our energy grid. Under the broader Climate Mission, he aims to get America to net-zero pollution by 2045 — five years sooner than Beto’s plan.

It’s an ambitious timeline, but by the time the debates roll around, Inslee expects to have a list of accomplishments in Washington that he can point to as evidence that his agenda could scale nationally. “Talk doesn’t cut it,” he told Grist. “You have to be able to actually do things, and frankly, I’m the only candidate in this race who has actually achieved results.”

Three climate-related measures proposed in Washington state — two of which Inslee will sign into law next week — appear to serve as mini-models for what he could push for if he landed in the White House.

Building efficiency

One of the bills the governor expects to sign soon will require new buildings in Washington to adhere to efficiency standards. The bill directs the state to develop efficiency standards that will ratchet down energy use over the next decade. The bill also includes incentives for existing buildings to be retrofitted to comply with the new standards. San Francisco and New York are in the midst of passing similar requirements, but Inslee says his is the first to include the retrofit component.

His presidential climate plan works much the same way. In it, he advocates for a national Zero-Carbon Building Standard by 2023 for new commercial and residential buildings, and notes that future proposals will include a plan to retrofit existing buildings. “It is a big deal because it is not romantic,” Inslee said, referring to building efficiency. “It’s the single most cost-effective, money-in-the-bank job creator of all the things we do.”

100-percent clean energy

Inslee also expects to sign a 100-percent clean electricity bill into law next week. It would eliminate use of coal power in his state by 2025 and require utilities to achieve 100 percent clean electricity generation by 2045. The law will also incorporate some of the environmental justice elements that Green New Deal advocates are championing. For instance, his bill would require that utilities take into consideration the social cost of carbon — the environmental and social damage inflicted per ton of emitted carbon. That’s another first nationwide, by the way. “It makes utilities potentially work on a performance-based system,” Inslee said, which means utilities will have incentives beyond profits for shareholders. “That’s a fundamental change.”

The national version of that bill looks similar on a slightly different timeline: It calls for retiring the U.S. coal fleet by 2030, and 100 percent carbon-neutral power by the same year (100 percent renewable electricity by 2035). And it includes a comparable switch to a performance-based system for the nation’s utilities, as well as measures that safeguard front-line communities against price hikes and pollution.

Clean vehicles

There are currently fewer than 43,000 electric cars on the road in Washington, but Inslee believes the state is still on track to meet his target of having 50,000 electric vehicles on its streets by 2020. The governor helped set up an electric vehicle charging system along his state’s highway system in 2018. He also pushed for a clean fuel standard that would have resulted in the emissions reductions equivalent to taking one-in-five cars off the road, but when that failed in the legislature, he changed course and tried to pass a state-wide cap on carbon emissions by executive action instead. It’s currently tied up in the state’s Supreme Court. “That would be the cherry on top if we got that,” he said.

His presidential plan is a bigger lift. It aims for zero emissions from new passenger cars, medium-duty trucks, and buses by 2030. That means that 100 percent of new lightweight and medium-duty cars sold in America would have to be zero emission within roughly 10 years. Inslee also aims to take a version of his low carbon fuel standard — the one that failed in his state — and apply it on a federal level. The same goes for a new nationwide EV charging system.


While Inslee’s on a bit of a roll of late, he hasn’t always had success with his climate initiatives. The governor presided over multiple carbon tax initiatives that failed both in the Washington legislature and at the voting booth. In a recent poll conducted by the New York Times, Inslee indicated he was undecided about implementing a carbon tax should he become president.

“If one thing is not working, you go to plan B, and that’s what we’ve done,” he told Grist. He added that if all of the recent climate bills he’s been championing manage to pass, it’ll have roughly the same CO2 savings as a carbon tax would have anyway.

While the legislation being passed in Olympia burnishes Inslee’s bona fides, working against him on the national stage is the prominence of the Green New Deal. Being pushed by the progressive wing of the Democratic Party, it’s quickly become a reference point for the climate conversation on the left. Many of Inslee’s fellow 2020 hopefuls have lined up behind the ambitious resolution — even though there’s no concrete policy tied to it yet.

When O’Rourke unveiled his surprisingly bold climate plan earlier this week, spokespeople for the Sunrise Movement, one of the main groups championing the Green New Deal, attacked his proposal. They criticized it as not aggressive enough and said that “the United States should do much more.” They argued that the 2050 goal post was insufficient and that the U.S. should shoot for net-zero domestic emissions by 2030 instead, a target widely considered impossible. (They’ve since walked back their criticism, calling O’Rourke’s plan “a great start.”) Compared to Beto’s plan, Inslee’s proposal is only five years closer to what Green New Dealers are demanding.

The question remains as to whether the Green New Deal will survive the primary season as the gold standard for climate action among Democrats, or if stances will soften heading into the general election. Back in 2007, Inslee co-authored a book called Apollo’s Fire: Igniting America’s Clean Energy Economy, which outlined a climate action plan very similar to the Green New Deal.

When I pressed him for a position on the proposal championed by progressive rock star Alexandria Ocasio-Cortez and others, the normally folksy Inslee seemed irritated. He’d heard this question many times before. “I support the Green New Deal, is that what you’d like to hear?” he asked, lifting his palms toward the ceiling in a hopeless gesture. “I support the Green New Deal.”

Honestly, it’d be hard for him not to back ambitious climate goals, given the sole focus of his platform. But if the climate candidate wants his star to rise above a crowded field, he has to hope that his longtime clean-energy evangelism and the most ambitious plan to tackle warming (so far) carries more weight than just being another hopeful willing to embrace the Green New Deal.

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A tale of two Washingtons: How Jay Inslee aims to take his climate plan nationwide

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