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Some states reject federal money to find and replace dangerous lead pipes
Headline Legal News |
2023/08/22 16:43
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As the Biden administration makes billions of dollars available to remove millions of dangerous lead pipes that can contaminate drinking water and damage brain development in children, some states are turning down funds.
Washington, Oregon, Maine and Alaska declined all or most of their federal funds in the first of five years that the mix of grants and loans is available, The Associated Press found. Some states are less prepared to pay for lead removal projects because, in many cases, the lead must first be found, experts said. And communities are hesitant to take out loans to search for their lead pipes.
States shouldn’t “shrug their shoulders” and pass up funds, said Erik Olson, a health and food expert at the environmental group Natural Resources Defense Council. “It’s troubling that a state would decide to take a complete pass on the funding because part of the reason for the funding is to figure out whether you even have lead,” Olson said.
The Biden administration wants to remove all 9.2 million lead pipes carrying water to U.S. homes. Lead can lower IQ and create behavioral problems in children. The 2021 infrastructure law provides $15 billion to find and replace them. That money will help a lot, but it isn’t enough to get all the toxic pipes out of the ground. State programs distribute the federal funds to utilities.
The Environmental Protection Agency said it is reviewing state requests to decline funds but did not provide a full list of states that have said no so far. That information will be available in October, officials said. States that declined first-year funds can still accept them during the remaining four years.
“EPA has been working closely with our state partners on utilizing Bipartisan Infrastructure Law funding that is available,” the agency said. Lead pipes are far more common in some states such as Michigan and Illinois, which each have hundreds of thousands. The harm there is clear. Flint’s lead crisis elevated lead in tap water to a national health issue. Residents of Benton Harbor, Michigan, drank water with too much lead for years until all their lead pipes were replaced. In response, however, Michigan is clamoring for as much money as it can get to remove lead.
The states that declined funds have fewer problematic pipes, but that doesn’t mean lead isn’t an issue. There’s concern about lead in some Maine schools. Portland, Oregon, has struggled with high lead levels for years, although recent tests have been better and officials say the issue isn’t lead pipes, but household plumbing. |
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Owner of Maryland Construction Company Pleads Guilty to Tax Evasion
Headline Legal News |
2023/08/10 20:05
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According to court documents, Jerry Lee Redman of Severn, Maryland, owned Redman Services Inc. (RSI), a paving and construction company.
For at least 2015 through 2018, Redman filed corporate income tax returns for RSI that underreported the business’s gross receipts. Redman caused customers to write checks to him personally, instead of to RSI, and then deposited those checks into his personal bank account.
Those payments were not reported as gross receipts on RSI’s corporate returns. During the same years, Redman also did not report other income that he received from RSI. Redman withdrew and caused others to withdraw funds from RSI’s business bank account to pay for his personal expenses, but Redman did not report those funds as income on his own tax returns. Some of the withdrawals for personal expenses were also falsely deducted as business expenses on RSI’s corporate returns. Redman’s conduct caused a loss to the IRS of approximately $666,113.
If convicted, Redman faces a maximum sentence of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement. IRS-Criminal Investigation is investigating the case. |
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Biden goes west to talk about his efforts to combat climate change
Headline Legal News |
2023/08/07 00:00
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President Joe Biden will travel to Arizona, New Mexico and Utah next week and is expected to talk about his administration’s efforts to combat climate change as the region endures a brutally hot summer with soaring temperatures, the White House said Monday.
Biden is expected to discuss the Inflation Reduction Act, America’s most significant response to climate change, and the push toward more clean energy manufacturing. The act aims to spur clean energy on a scale that will bend the arc of U.S. greenhouse gas emissions.
July has been the hottest month ever recorded. Biden last week announced new steps to protect workers in extreme heat, including measures to improve weather forecasts and make drinking water more accessible.
Members of Biden’s administration also are fanning out over the next few weeks around the anniversary of the landmark climate change and health care legislation to extol the administration’s successes as the Democratic president seeks reelection in 2024.
Vice President Kamala Harris heads to Wisconsin this week with Commerce Secretary Gina Raimondo to talk about broadband infrastructure investments. Secretary of Agriculture Tom Vilsack goes to Oregon to highlight wildfire defense grants, Transportation Secretary Pete Buttigieg will go to Illinois and Texas, and Secretary of Education Miguel Cardona heads to Maryland to talk about career and technical education programs.
The Inflation Reduction Act included roughly $375 billion over a decade to combat climate change and capped the cost of a month’s supply of insulin at $35 for older Americans and other Medicare beneficiaries. It also helps an estimated 13 million Americans pay for health care insurance by extending subsidies provided during the coronavirus pandemic.
The measure is paid for by new taxes on large companies and stepped-up IRS enforcement of wealthy individuals and entities, with additional funds going to reduce the federal deficit.
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Tennessee can enforce ban on transgender care for minors, court says
Headline Legal News |
2023/07/08 18:09
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Tennessee’s ban on gender-affirming care for transgender youth can go into effect — at least for now — after a federal appeals court on Saturday temporarily reversed a lower court ruling.
Last month, a district court judge in Tennessee found that the state’s new law banning transgender therapies like hormone blockers and surgeries for transgender youth was unconstitutional because it discriminated on the basis of sex. The judge blocked large swaths of the law from taking effect.
On Saturday, however, the Sixth U.S. Circuit Court of Appeals in Cincinnati granted an emergency appeal from Tennessee. In a 2-1 ruling, the majority wrote that decisions on emerging policy issues like transgender care are generally better left to legislatures rather than judges.
“Given the high stakes of these nascent policy deliberations — the long-term health of children facing gender dysphoria — sound government usually benefits from more rather than less debate,” wrote Chief Judge Jeffrey Sutton, an appointee of former President George W. Bush.
Tennessee’s attorney general, Jonathan Skrmetti, praised the ruling, saying the ban can now be fully enforced. “The case is far from over, but this is a big win,” he said in a statement.
The ruling is preliminary, and remains in force only until the appeals court conducts a full review of the appeal. Sutton wrote that the appeal process will be expedited, with a goal of resolving the case by Sept. 30.
Tennessee is one of at least 20 states across the country that have recently enacted bans or restrictions on gender-affirming care for minors. Federal judges in Indiana and Kentucky have blocked those laws from taking effect, while a judge in Arkansas struck down that state’s law.
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Austrian court restarts US extradition proceedings for Ukrainian
Headline Legal News |
2023/06/17 18:22
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An Austrian court said Friday that it has ruled in favor of Ukrainian businessman Dymitro Firtash in a years-long legal saga over a U.S. bid to have him extradited to face corruption charges, sending the extradition case back to square one.
Firtash faces a U.S. indictment accusing him of a conspiracy to pay bribes in India to mine titanium, which is used in jet engines. He denies any wrongdoing.
He was arrested in Austria in 2014 and then freed on 125 million euros ($136 million) bail, kicking off a still-unresolved legal saga. A Vienna court initially ruled against extradition on the grounds that the indictment was politically motivated.
A higher court in February 2017 rejected that reasoning as “insufficiently substantiated” and ruled that Firtash could be extradited. Austria’s Supreme Court of Justice upheld that ruling in 2019.
The country’s justice minister at the time approved the extradition, but a Vienna court judge ruled it could only take place after a decision on a defense call to reopen the case. Firtash backed that June 2019 motion with “numerous documents, including written witness statements,” Vienna’s upper state court said.
In March 2022, a Vienna court ruled against reopening the case. But the upper state court said Friday that it has now ruled in favor of Firtash and decided to allow reopening extradition proceedings, overturning the 2017 ruling. It pointed to new evidence.
Judges in Vienna will now have to consider anew whether Firtash can be sent to the United States.
In June 2019, a Chicago federal judge rejected a motion to dismiss the indictment against Firtash, who has argued that the U.S. has no jurisdiction over crimes in India. However, the judge ruled that it does, because any scheme would have impacted a Chicago-based company.
American aviation company Boeing, based in Chicago, has said it considered business with Firtash but never followed through. It is not accused of any wrongdoing.
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Supreme Court rules in favor of Black Alabama voters
Headline Legal News |
2023/06/12 21:41
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The Supreme Court on Thursday issued a surprising 5-4 ruling in favor of Black voters in a congressional redistricting case from Alabama, with two conservative justices joining liberals in rejecting a Republican-led effort to weaken a landmark voting rights law.
Chief Justice John Roberts and Justice Brett Kavanaugh aligned with the court’s liberals in affirming a lower-court ruling that found a likely violation of the Voting Rights Act in an Alabama congressional map with one majority Black seat out of seven districts in a state where more than one in four residents is Black. The state now will have to draw a new map for next year’s elections.
The decision was keenly anticipated for its potential effect on control of the closely divided U.S. House of Representatives. Because of the ruling, new maps are likely in Alabama and Louisiana that could allow Democratic-leaning Black voters to elect their preferred candidates in two more congressional districts.
The outcome was unexpected in that the court had allowed the challenged Alabama map to be used for the 2022 elections, and in arguments last October the justices appeared willing to make it harder to challenge redistricting plans as racially discriminatory under the Voting Rights Act of 1965.
The chief justice himself suggested last year that he was open to changes in the way courts weigh discrimination claims under the part of the law known as section 2. But on Thursday, Roberts wrote that the court was declining “to recast our section 2 case law as Alabama requests.”
Roberts also was part of conservative high-court majorities in earlier cases that made it harder for racial minorities to use the Voting Rights Act in ideologically divided rulings in 2013 and 2021. |
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PA mail-in voting law gets beaten up on GOP campaign trail
Headline Legal News |
2023/05/15 16:56
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Election integrity and Pennsylvania’s mail-in voting law are prominent subjects in the state’s Republican primary contest for an open state Supreme Court seat, as Donald Trump continues to baselessly claim that the 2020 election was stolen.
This year, two GOP primary rivals for the state Supreme Court seat in Tuesday’s primary election are signaling their disapproval of Pennsylvania’s expansive mail-in voting law.
In one appearance last month, Carolyn Carluccio, a Montgomery County judge, called the mail-in voting law “bad” for the state and for faith in elections. She suggested elections are too “secretive” and promised that if the law comes before the high court “I’m going to be happy to take a look at it.”
Meanwhile, Patricia McCullough, a judge on the statewide Commonwealth Court, repeatedly highlights her rulings in election-related cases, including voting to throw out the mail-in voting law.
“Election integrity, that seems to be like the most important issue to the people right now,” McCullough told an interviewer on public access television in Erie last month.
Both parties will pick a high court nominee to run in November’s general election. The state’s highest court currently has four justices elected as Democrats and two as Republicans. The seat is open following the death of Chief Justice Max Baer last fall.
Allegations about election fraud and opposition to Pennsylvania’s mail-in voting law have persisted in Republican primaries in 2021 and 2022, demonstrating just how influential Trump’s extreme and baseless election claims are to the GOP campaign trail.
In last year’s governor’s race, for instance, every candidate in the GOP’s nine-person field vowed to repeal the 2019 law that established no-excuse mail-in voting in Pennsylvania.
A third Republican-backed challenge to the mail-in voting law is pending in state courts, while Republicans have repeatedly gone to court to try to ensure that ballots cast by legal, eligible voters are thrown out for technical errors, like a missing envelope, signature or date. |
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