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New emails show the Justice Department is helping Big Oil fight climate lawsuits

Three years ago, a first-of-its-kind legal case argued that fossil fuel companies were liable for climate change — and should pay up to help cities adapt. That case, filed in July 2017 by two counties and one city in California against 20 fossil fuel companies, alleged that emissions from those companies will be responsible for an estimated 7.4 feet of sea-level rise in coming years.

What happened next is reminiscent of what occurred in the 1990s, when states filed lawsuits against tobacco companies in droves and the public rapidly soured on the industry. More California cities filed climate liability lawsuits against Big Oil, seeking reparations for climate change and its effects. Then other cities and counties from across the country filed their own suits. Oil companies went to court over claims that they lied to investors and the public about climate change, damaged fisheries, and impinged on young people’s right to life, liberty, and the pursuit of happiness.

At every turn, ExxonMobil, Chevron, BP, ConocoPhillips, and Shell fought tooth and nail against the wave of lawsuits, arguing that the plaintiffs should look to the federal government, not the private sector, for financial assistance related to climate change. Now, a new investigation from InsideClimate News has revealed that the federal government has been working with some of those oil companies to oppose the wave of lawsuits.

Some 178 pages of emails between U.S. Department of Justice attorneys and industry lawyers — obtained by the Natural Resources Defense Council — show the government has been planning to come to the aid of these lawsuit-afflicted companies since early 2018. Not only did the DOJ work on an amicus — “friend of the court” — brief in support of major oil companies shortly after the San Francisco and Oakland lawsuits were filed, but the department was also working with Republican attorneys generals from 15 states to come up with a plan to help those companies. Department of Justice attorneys had several phone calls with lawyers defending BP, Chevron, Exxon, and other oil companies, and even met some of them in person.

Curiously, the Department of Justice did not reach out to the plaintiffs in the cases, like the cities of Oakland and San Francisco, to collaborate. The department’s environmental division, which bills itself as “the nation’s environmental lawyer,” opted to covertly work with industry groups rather than the communities it’s supposed to represent.

“The Trump administration’s position is ‘We’re going to side with the fossil fuel interests in the nuisance cases over these cities,’” Phillip Gregory, co-council for the young people’s climate case, Juliana v. United States, told Grist.

“It’s very unusual for the federal government to be so aligned with industry on a damages case,” he said, particularly when the government isn’t implicated in the case. If the lawsuits were successful, oil companies, not the federal government, would be compelled to pay the damages.

Still, it’s unclear whether the DOJ crossed a line. “It wouldn’t pass the sniff test if the DOJ was trying to address substantive issues,” Justin Smith, former deputy assistant attorney general in DOJ’s Civil Rights Division, told InsideClimate News. “If the meetings were about the logistics, there’s nothing improper.”

To Gregory, the DOJ’s actions appear nothing if not political. “The Trump administration wants to control all dealings concerning fossil fuels, even though the fossil fuels are harming the youth of America,” he said. “It’s very capable of looking out for the fossil fuel industry — capable and willing.”

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New emails show the Justice Department is helping Big Oil fight climate lawsuits

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Photos: What D.C. really looked like when the White House was tweeting about snow

On the evening of Sunday, January 12, the official White House Twitter account sent out a seemingly innocuous tweet.

Of all the things the White House has tweeted, a lovely picture of snow has got to be among the least concerning, right? Wrong.

I love the first snow of the year as much as the next gal, but whoever was in charge of the White House Twitter account could only have been one of three things: mistaken, lying, or hallucinating. That’s because on Sunday, the weather in D.C. rose to a balmy 70 degrees F. The day before, January 11, was even warmer — 61 locations across the East Coast broke or tied their record high temperatures that day. The picture was actually taken about a week earlier, when a flurry of snow did reach D.C.

Here’s what actually happened in D.C. over the weekend.

This woman purchased herself a nice ice cream cone and probably ate it in the park because, again, it was t-shirt weather in January.

These people enjoyed a scooter ride. Notice how they’re smiling in the sunshine and not grimacing into the icy wind. Notice their lack of gloves.

Sarah Silbiger / Getty Images

Here’s a shirtless man showing off his cartwheel skills on the National Mall.

It’s quite possible that whoever manages Trump’s social media prescheduled the tweet last week without bothering to take a look at the weekend forecast. But it’s also possible that the Trump administration — which has rolled back environmental regulations, gutted federal science agencies, propped up a dying coal industry, and slashed funding for renewable energy — is so deeply in climate change denial that it made a point of lying about snow falling on the hottest day of winter.

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Photos: What D.C. really looked like when the White House was tweeting about snow

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Puerto Rico wasn’t ready for earthquakes — especially not after Hurricane Maria

It was half-past 4 in the morning when a 6.4-magnitude earthquake rocked Puerto Rico on Tuesday, leaving the island at a standstill.

Half asleep in bed, I couldn’t work out what was happening until the whole house began to shift side to side. My parents quickly grabbed my dog and we scurried out of our house near Hatillo, along the island’s northern coast. We’d already established an evacuation plan following the 5.4-magnitude quake that had rattled our nerves just the previous morning, before we opened our presents on Three Kings Day, an important Christian holiday across Latin America.

And just like that, Puerto Rico plunged into darkness, again.

After the quake, 97 percent of the island lost power. I was in the dark, but at least my house was intact. I was one of the lucky ones. Buildings, schools, and historic churches crumbled along the U.S. territory’s southern coast in the cities of Ponce, Yauco, Guayanilla, Lajas, and Guanica. More than a thousand people sought shelter after their homes were reduced to rubble, and at least one person died after a wall in his home collapsed on him.

Wanda Vázquez, who became Puerto Rico’s governor in August following historic protests calling for the ouster of the former scandal-ridden governor, Ricardo Roselló, declared a state of emergency on Tuesday as authorities surveyed the damage to the power generation plants. Many of the island’s power plants are located along the southern coast near the epicenter of Tuesday’s earthquake. The Costa Sur power plant, which generates about 40 percent of the island’s electricity, sustained severe damage.

By Thursday, around a third of Puerto Ricans remained without power, according to CBS News. The current bout of shaking may not yet be over — the United States Geological Survey warns that more aftershocks could be coming. Terrified of sleeping indoors during another tremor, thousands of Puerto Ricans have been sleeping outside in yards and parking lots.

On Wednesday, Trump approved Vázquez’s request for an emergency declaration, which will provide funds for things like debris removal and financial assistance for people who lost their homes. The island’s governor is requesting a “major” emergency declaration that would go even further by funding emergency and permanent work. (The United States commander-in-chief has stayed silent about the disaster on Twitter, preoccupied with the escalating conflict in Iran and his impeachment.)

Even though recovery efforts are on their way, I fear the island where I grew up will never be ready for the next disaster, natural or not.

Damaged homes, deaths, no electricity or clean water — it’s all too familiar in Puerto Rico. The earthquake, the most powerful one to hit the island in more than a century, awoke many unwanted memories of Hurricane Maria, the tropical tyrant that upended life in Puerto Rico in September 2017, killing an estimated 2,975 people and knocking out power in some areas for almost a year.

In many ways, the island still hasn’t recovered. A 2019 report from the American Society of Civil Engineers gave the island’s overall infrastructure a D- grade and its energy infrastructure a straight-up F, calling out inadequate restoration following 2017’s one-two punch from hurricanes Maria and Irma. “Given its location and susceptibility to natural hazards, Puerto Rico’s infrastructure must be more resilient than a majority of mainland America’s,” the report reads. “The need for more resilient infrastructure, coupled with bankruptcy, has led to current infrastructure that fails to meet citizens’ demands.” Case in point: Many bridges and roads on the island that were weakened by the hurricanes collapsed after the recent earthquakes.

Initially, Vázquez and José Ortiz, the CEO of public power utility PREPA, claimed that the electricity would be restored for most of the island in the coming days. But Ortiz told CBS News on Thursday that the crucial Costa Sur plant “will be out for probably over a year.” Many Puerto Ricans are now calling for protests on the grounds that top officials tried to minimize the severity of the earthquake damage on energy infrastructure.

It’s not just the electricity that’s vulnerable: homes are, too. After Hurricane Maria, the Federal Emergency Management Agency pressured the island to enact stricter building codes, which took effect two months ago. Puerto Ricans were all too aware that aging buildings were vulnerable to hurricane winds and flooding, but powerful earthquakes are a rarity on the island, so they didn’t prioritize earthquake-proofing. Some houses that were recently elevated to avoid storm surge, for example, collapsed during the shakes.

Disaster research experts estimate that the earthquakes could cost the island up to $3.1 billion, including damage to private and public property as well as economic losses from tourism. The United States Geological Survey has a more conservative initial estimate, putting economic losses at upwards of $100 million. Either way, it’s a hard hit for an island already strapped for cash. Puerto Rico is currently about $70 billion in debt.

Footing the bill for recovering from the earthquakes won’t be easy, especially considering the track record of federal aid. After the 2017 hurricane season, Congress appropriated $42 billion to the recovery effort in Puerto Rico ($16 billion through FEMA, $20 billion through Housing and Urban Development, and the remainder through more than a dozen smaller agencies). But only about $14 billion of these funds had actually been spent as of last July. To top it off, the federal response could be on the slow side. While Harvey and Irma survivors in Texas and Florida received about $100 million in FEMA assistance within nine days of the storms’ landfall, for instance, Maria survivors received only $6 million over the same time frame.

“We have not received the reconstruction money that has been allocated for Puerto Rico,” Carmén Yulín Cruz, the mayor of San Juan, told NBC News on Tuesday. “I urge every member of Congress, whether Democrat or Republican — this is an issue of justice — to ask and demand that the president of the United States declare portions, if not the entirety, of Puerto Rico a state of emergency.”

Many Puerto Ricans, both those living on the island and in the diaspora, have flooded social media with pleas for support. But they shouldn’t have to rely on the generosity of individuals to save them in the event of a powerful earthquake, a climate-charged hurricane, or any other natural disaster. For the sake of the Puerto Ricans who have lived through catastrophe time and time again, this is an opportunity for both the local and federal governments to finally get it right.

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Puerto Rico wasn’t ready for earthquakes — especially not after Hurricane Maria

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The biggest star at the Golden Globes this year was climate change

Early during the Golden Globes on Sunday night, an emotional Jennifer Aniston read a statement from Russell Crowe, who was being honored for his role in the Showtime miniseries The Loudest Voice. Crowe could not be there to accept the award himself; he was in his native Australia protecting his family from catastrophic wildfires that have ignited millions of acres and killed 25 people.

“Make no mistake,” Aniston said, reading Crowe’s statement. “The tragedy unfolding in Australia is climate change based.”

Crowe’s warning was just the first of many to come from the stage during the 77th annual Golden Globes. Multiple actors used their few moments onstage to talk about the climate crisis and voice support for Australians facing devastating wildfires.

Patricia Arquette, who won the award for best supporting actress in a series for The Act, begged viewers to vote in 2020, so as to avoid future disasters like the one unfolding in Australia. “For our kids and their kids, we have to vote in 2020,” she said.

Cate Blanchett, who was presenting an award, said, “When one country faces a climate disaster, we all face a climate disaster, so we’re in it together.” She also gave a shout-out to volunteer firefighters who are battling flames in Australia.

Joaquin Phoenix, who nabbed an accolade for Joker, said it was time for climate-conscious celebrities to start walking the walk. “It’s great to vote, but sometimes we have to take that responsibility on ourselves and make changes and sacrifices in our own lives,” he said, adding: “We don’t have to take private jets to Palm Springs for the awards.”

Fittingly, the extravagant ceremony itself was greener than usual. Stars dined on the ceremony’s first-ever all-vegan menu and drank water out of glass instead of plastic bottles. The Hollywood Foreign Press Assocation even said it plans to “upcycle” the red carpet that stars walk in on — that is, they’ll reuse it for future events. As for the private jets, we’ll see if Phoenix’s version of flygskam has any impact.

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The biggest star at the Golden Globes this year was climate change

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New York’s ambitious climate and environmental justice laws are in effect. Here’s what’s next.

New York state’s landmark climate legislation has finally reached the finish line after a four-year marathon through Albany. And that means it’s reached the starting line for the state’s race to net-zero emissions.

The climate law, originally called the Climate and Community Protection Act but ultimately dubbed the Climate Leadership and Community Protection Act, struggled to make it past the Republican-controlled state senate for three years until Democrats finally won it back in 2018. Although New York Governor Andrew Cuomo altered the bill by slashing some labor and social justice provisions last summer, the CLCPA was still considered a major win for climate activists when Cuomo signed it into law in July with former Vice President Al Gore at his side.

But there was a catch: In order for the CLCPA to go into effect in 2020, Cuomo needed to sign a separate environmental justice bill by the end of 2019. As of mid-December, he hadn’t signed it, making several environmental advocates anxious as the January 1 deadline drew near. But finally, on December 23, Cuomo signed the environmental justice bill, putting the landmark climate law into effect as New Yorkers rang in the new year.

So what happens now that the environmental justice bill and the CLCPA are in effect? The CLCPA made headlines for being the most ambitious emissions-reduction legislation in the country thanks to its promises to reach net-zero emissions by 2050 and 100 percent renewable electricity by 2040. But in the short term, the main outcomes of the two new laws will be … new policymaking bodies!

The CLCPA sets broad targets for emissions reductions, but the hard work of figuring out how to decarbonize New York’s economy will fall into a new group called the Climate Action Council. The Climate Action Council consists of 22 members including the heads of state agencies, the majority and minority leaders of the state senate and assembly, and various appointed experts — including at least one fuel gas executive. The Climate Action Council is required to come up with its first “scoping plan” for reducing emissions within two years, and then to revisit the plan every five years subsequently.

Meanwhile, the environmental justice bill will create a permanent environmental justice advisory group within the existing Department of Environmental Conservation, plus an interagency coordinating council that will make sure New York state agencies are treating New Yorkers fairly when it comes to the enforcement of environmental policies. Since low-income communities of color tend to bear the brunt of the fossil fuel industry’s social costs, the goal is to ensure that vulnerable or disadvantaged communities aren’t suffering negative environmental consequences from state policies.

The advisory group will consist of representatives from local environmental organizations that advocate for low-income communities of color, some business representatives, local government environmental officials, and members of either state or federal environmental organizations. The group will be tasked with developing a model environmental justice policy for state agencies by the end of 2020. Once the state adopts the group’s model policy, each agency will have six months to come up with its own environmental justice policy, but if an agency fails to come up with one, it will have to comply with the advisory group’s version.

The advisory group will also advise agencies on decisions like land-use permits for fossil fuel projects and monitor their compliance with the environmental justice policies.

New York Renews, a statewide coalition of nearly 200 advocacy groups, pushed for the environmental justice bill to be passed alongside the CLCPA, and for the CLCPA itself to include environmental justice provisions. “Protecting vulnerable populations, communities of color, and low-income communities should be a priority for all climate solutions,” said Adrien Salazar, a campaign strategist at progressive think tank Demos and a 2019 Grist 50 Fixer. “Science has shown consistently that communities of color and low-income neighborhoods are most vulnerable to climate impacts and pollution. This is why equity and justice was written into the CLCPA.”

This isn’t the first time New York has attempted to address environmental injustice. In 1999, the state’s Department of Environmental Conservation received a federal grant from the EPA to develop a comprehensive environmental justice program, and eventually created an advisory group. Though the Department of Environmental Conservation officially adopted an environmental justice policy in 2003, it failed to follow through on most of the advisory group’s recommendations.

But the CLCPA and environmental justice bill are binding — they require the state to meet its emissions reduction targets and make good on its commitments to address environmental injustice and invest in vulnerable communities. But Salazar, whose organization is part of New York Renews, warned that if agencies fail to mobilize adequate resources and put significant plans into motion, New York could very well fail to reach the goals it sets for itself.

“This will take every agency setting up programs and policies to meet the state’s goals, directing resources accordingly, and beginning to enact those plans starting now,” he said. “The state has to demonstrate how important it is to not just pass bold climate policy but to get the implementation right.”

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New York’s ambitious climate and environmental justice laws are in effect. Here’s what’s next.

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The theme for this year’s Times Square ball drop? Climate change.

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The theme for this year’s Times Square ball drop? Climate change.

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4 encouraging ways climate politics went mainstream in 2019

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4 encouraging ways climate politics went mainstream in 2019

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Shrinking budgets, rising seas: How local newsrooms can cover climate change

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Shrinking budgets, rising seas: How local newsrooms can cover climate change

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Climate gets a prime spot in the sixth Democratic debate

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Climate gets a prime spot in the sixth Democratic debate

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Time is running out for Cuomo to make New York’s ambitious climate law a reality

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Time is running out for Cuomo to make New York’s ambitious climate law a reality

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