NEW YORK - The Supreme Court is to hear arguments today about whether the Environmental Protection Agency can require coal and oil power plants - including 19 utilities in New York state - to cut back on toxic emissions.
A coalition of states and fossil-fuels groups has asked the court to prevent the agency's Mercury and Air Toxics Standards from taking effect. Earthjustice attorney Jim Pew said thousands of lives could hang in the balance if the court scraps the rule.
"The impact is enormous - 4,000 to 11,000 lives every year if the rule is left in place," he said. "This would be the first year that the dirtiest coal plants would be cleaning up their pollution, and that many lives would be saved this year and next year and the year after that. If this rule gets thrown out, they won't be saved."
The coal industry and states such as Michigan that rely heavily on fossil fuels argue that the rule is too expensive to implement and that it could prevent some parts of the country from receiving the electricity they need. They also allege that the EPA should have considered the $9 billion price tag before issuing the rule.
Exposure to toxins from power plants is higher in communities of color - 71 percent for African-Americans compared with 56 percent for the general public, according to the NAACP. Jacqui Patterson, director of the NAACP's Environmental and Climate Justice Program, said New York is home to four coal-power plants that disproportionately affect communities of color. She said it's important that the state has intervened on behalf of the EPA in the lawsuit.
"New York really does need to take up the charge of making sure these regulations are in place, because it's the very communities in New York that are being polluted," she said, "not to mention the fact that New York neighbors other states, so they're also blowing that into other states as well, so the responsibility is there."
The EPA spent more than a decade developing the Mercury and Air Toxics Standards, and finalized the rule in 2011. This is the first year power plants will have to comply with the standards.
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The Federal Emergency Management Agency has abruptly ended a key disaster-preparedness program, sparking concerns as another active hurricane season looms for Florida.
The Building Resilient Infrastructure and Communities program (BRIC) had distributed $5 billion nationwide in the last five years for projects ranging from floodplain restoration to storm-resistant infrastructure.
Ryan Ray, Leon County Democratic Party chair, called the decision "reckless" in a state still recovering from recent hurricanes.
"Hurricanes Milton and Helene did billions of dollars of catastrophic damage to Florida," he said, "and the federal BRIC program, administered through FEMA, is exactly the kind of forward-thinking, infrastructural-oriented funding that we need to get communities back on track after storms."
In announcing its end, FEMA called the program "wasteful and politicized," although it was created during the first Trump administration. BRIC's cancellation comes as climate scientists predict increased storm activity this hurricane season.
The BRIC grants have been especially important to coastal states, funding nature-based solutions to flooding, such as wetland restoration and living shorelines.
Em Donahoe. policy specialist for resilient coasts and floodplains for the National Wildlife Federation, said she worries about the economic consequences of cutting such programs.
"We know that every dollar invested in natural-disaster resilience and preparedness saves approximately $13 in long-term economic savings and damages and costs avoided post-disaster," she said.
Donahoe stressed the importance of addressing disaster preparedness, an issue that should transcend politics. But FEMA has cancelled plans to distribute $750 million in BRIC grants this year, focused on region-specific threats including Florida hurricanes and California wildfires. Advocates for the program are now pressing Congress to reverse the decision.
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Wildlife advocates are alarmed by a new report from the Washington Department of Fish and Wildlife showing the state's wolf population fell nearly 10% last year.
The vast majority of the wolves were illegally and legally killed by humans. The report also showed the number of successful breeding pairs, a key population indicator, dropped 25% last year.
Amaroq Weiss, senior wolf advocate at the Center for Biological Diversity, said seven illegal killings are under investigation, though the true number is likely higher.
"For every animal you find that has been illegally killed, there are one to two additional animals that were also illegally killed, whose deaths will never be discovered," Weiss explained.
Since 2016, wolf deaths in the state have continued to rise. Last year, the Fish and Wildlife Commission rejected a proposal to reduce protections for wolves from state endangered to state sensitive because of increased deaths.
Weiss argued many myths about wolves need debunking. She noted predator-related livestock deaths are rare, with most losses caused by issues like dehydration and birthing complications. In Washington, wolf-related losses made up less than a 10th of a percent of livestock deaths in 2024.
Weiss emphasized wolves are crucial for healthy ecosystems because they prevent overbrowsing by deer and elk.
"That allows vegetation to grow back and that provides building materials for beaver and nesting materials for migrating neotropical birds," Weiss outlined. "It provides all kinds of habitat for other species."
Weiss explained Washington's wolf plan splits the state into three recovery regions, aiming for breeding pairs in each. The third region, encompassing the southern Cascades and north coast, does not have any. As more wolves are killed in eastern Washington, Weiss added, fewer are left to move west, and they often fall victim to illegal killings.
Weiss stressed she wants the state to maintain protections for wolves: "And really do a lot more public education to help people understand we can live with them and that we need them," she urged.
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Frankfort is one of a number of communities across Kentucky grappling with a deluge of flash flooding from torrential rainfall over the past several days. More than a foot of rain in some parts of the state has caused rivers to rise, leading to evacuations along the Kentucky River.
Emergency officials have asked Frankfort residents to keep conserving water while the city works to bounce back.
Layne Wilkerson, mayor of Frankfort, said three shelters remain open, and encouraged residents to call the city's hotline, at 502-352-2252, for nonemergency help.
"We have people standing by to answer any questions, to make sure you get to the right area, and we'll make sure that you're taken care of," Wilkerson emphasized.
All state offices were closed on Monday. The widespread flooding across central and western Kentucky has caused numerous roadway closures and has, so far, killed two people: a nine-year-old child was swept away by floodwaters in Frankfort and a Nelson County adult was found submerged in a car.
Gov. Andy Beshear said the weather event is not over until the waters have receded, until the flooded areas are fully dry and until the ground, which could create mudslides over roads and bridges, is no longer saturated.
"Do not drive through water. Do not move barricades," Beshear urged. "Because remember, if you do that, you're not just making a bad decision for yourself. You could cause the harm or even death to that next person that comes along."
The Ohio River at Louisville is at 64 feet, double its normal depth, and flood walls closed Friday in preparation. The Ohio River at Paducah is at 45 feet, higher than even during the February floods. The Kentucky River at Frankfort is also flooded at nearly 49 feet, much higher than its normal depths of less than 20 feet, according to the United States Geological Survey.
This story is based on original reporting by Sarah Ladd and Liam Niemeyer for the Kentucky Lantern.
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