Climate Liability Lawsuit Decision in Rhode Island a 'Welcome Sign' for Those Seeking Damages
By Jessica Corbett
In what one advocate called a "big win" for climate liability litigation, a federal judge on Monday remanded Rhode Island's lawsuit targeting 21 fossil fuel giants to state court, where the oil and gas companies are more likely to be forced to pay for their significant contributions to the global climate crisis.
Last July, Rhode Island became the first state in the country to file suit against dirty energy companies — including BP, Chevron, ExxonMobil and Shell — seeking to hold them accountable for knowingly contributing to a climate emergency that is "causing catastrophic consequences to Rhode Island, our economy, our communities, our residents, our ecosystems."
The Ocean State accused fossil fuel producers of "externalizing the responsibility" for the consequences of the human-caused crisis — such as sea level rise, drought, extreme precipitation, and heatwaves, and the damage those events cause — by expecting taxpayers to foot the bill.
The case was filed in state court. In response, the fossil fuel industry employed a strategy of trying to move climate liability suits filed by municipalities or states to federal court, where the companies are more likely to win — in part because of differences in case law.
This is huge — fossil fuel companies’ strategy in climate liability suits has been to try to move state claims to federal court, where they have a better shot of winning. One by one most are being remanded back to state court https://t.co/AsziHqIsS6— Amy Westervelt (@amywestervelt) July 22, 2019
A fed judge sent Rhode Island's climate lawsuit against Big Oil to state court.— Nicholas Kusnetz (@nkus) July 22, 2019
It's a significant, if incremental, victory for the state as it tries to have polluters help pay the costs of adaptation.
Here's the order: https://t.co/Y6EaIgYrit
Judge William Smith of the U.S. District Court for the District of Rhode Island delivered a blow to the industry's strategy in his Monday ruling. Smith wrote that "because there is no federal jurisdiction under the various statutes and doctrines adverted to by defendants, the court grants the state's motion to remand."
"Climate change is expensive, and the state wants help paying for it," the judge wrote. He also pointed out that the defendants, collectively, "have extracted, advertised, and sold a substantial percentage of the fossil fuels burned globally since the 1960s."
"This activity has released an immense amount of greenhouse gas into the Earth's atmosphere, changing its climate and leading to all kinds of displacement, death (extinctions, even), and destruction," he continued. "What is more, defendants understood the consequences of their activity decades ago, when transitioning from fossil fuels to renewable sources of energy would have saved a world of trouble."
"But instead of sounding the alarm, defendants went out of their way to becloud the emerging scientific consensus and further delay changes — however existentially necessary — that would in any way interfere with their multi-billion-dollar profits," Smith added. "All while quietly readying their capital for the coming fallout."
Ann Carlson — an environmental law professor at UCLA's Emmett Institute on Climate Change and the Environment who has done pro-bono consulting for municipality cases — explained to Climate Liability News that "the district court's decision to send Rhode Island's case back to state court is important because what the oil companies are really after is dismissal of the case under federal law."
According to Carson, "They want a big substantive outcome — to get rid of the case altogether."
Rhode Island Democratic Attorney General Peter Neronha, who took over the state lawsuit filed by his predecessor, welcomed the judge's ruling. He said in a statement that "as the federal court recognized, the state's lawsuit contains no federal question or cause of action, rather, contains only state law causes of action regarding damage to Rhode Island's resources that are better suited to resolution in the state courts."
This is a big win for Rhode Island - and communities across the US with similar lawsuits. Fossil fuel companies lied about #climate change for decades & now argue that taxpayers should foot the bill. It's time to #MakePollutersPay https://t.co/JSASxYOwUN— Natalie Hurd (@Nat_Hurd) July 23, 2019
Smith's decision was also celebrated by Richard Wiles, executive director of the Center for Climate Integrity, who told The Hill that "this is more bad news for Exxon and a welcome sign for taxpayers and local governments seeking just compensation for climate damages oil and gas companies knowingly caused."
"Big oil and gas producers are desperate to stay out of state courts where tobacco lost and and opioid manufacturers are on the ropes," said Wiles. "But now a third federal district court has ruled that state courts are where climate liability cases belong."
Summarizing the other two wins Wiles referenced, Climate Liability News reported that "a federal judge in Maryland recently remanded Baltimore's suit to state court and a group of California communities won a decision by U.S. District Court Judge Vince Chhabria that their cases belong in state court, a decision under appeal to the Ninth Circuit."
Reposted with permission from our media associate Common Dreams.
EcoWatch Daily Newsletter
By Jake Johnson
In a move that environmentalists warned could further imperil hundreds of endangered species and a protected habitat for the sake of profit, President Donald Trump on Friday signed a proclamation rolling back an Obama-era order and opening nearly 5,000 square miles off the coast of New England to commercial fishing.
Why You Should Wash Fresh Produce<p>Global pandemic or not, properly washing fresh fruits and vegetables is a good habit to practice to minimize the ingestion of potentially harmful residues and germs.</p><p>Fresh produce is handled by numerous people before you purchase it from the grocery store or the farmers market. It's best to assume that not every hand that has touched fresh produce has been clean.</p><p>With all of the people constantly bustling through these environments, it's also safe to assume that much of the <a href="https://www.healthline.com/nutrition/fresh-vs-frozen-fruit-and-vegetables" target="_blank">fresh produce</a> you purchase has been coughed on, sneezed on, and breathed on as well.</p><p>Adequately washing fresh fruits and vegetables before you eat them can significantly reduce residues that may be left on them during their journey to your kitchen.</p><p><strong>Summary</strong></p><p><strong></strong>Washing fresh fruits and vegetables is a proven way to remove germs and unwanted residues from their surfaces before eating them.</p>
Best Produce Cleaning Methods<p>While rinsing fresh produce with water has long been the traditional method of preparing fruits and veggies before consumption, the current pandemic has many people wondering whether that's enough to really clean them.</p><p>Some people have advocated the use of soap, <a href="https://www.healthline.com/nutrition/white-vinegar" target="_blank">vinegar</a>, lemon juice, or even commercial cleaners like bleach as an added measure.</p><p>However, health and food safety experts, including the Food and Drug Administration (FDA) and Centers for Disease Control (CDC), strongly urge consumers not to take this advice and stick with plain water.</p><p>Using such substances may pose further health dangers, and they're unnecessary to remove the most harmful residues from produce. <a href="https://www.healthline.com/health/chlorine-poisoning" target="_blank">Ingesting commercial cleaning chemicals</a> like bleach can be lethal and should never be used to clean food.</p><p>Furthermore, substances like lemon juice, vinegar, and produce washes have not been shown to be any more effective at cleaning produce than plain water — and may even leave additional deposits on food.</p><p>While some research has suggested that using neutral electrolyzed water or a baking soda bath can be even more effective at removing certain substances, the consensus continues to be that cool tap water is sufficient in most cases.</p><p><strong>Summary</strong></p><p><strong></strong>The best way to wash fresh produce before eating it is with cool water. Using other substances is largely unnecessary. Plus they're often not as effective as water and gentle friction. Commercial cleaners should never be used on food.</p>
How to Wash Fruits and Vegetables With Water<p>Washing fresh fruits and vegetables in cool water before eating them is a good practice when it comes to health hygiene and food safety.</p><p>Note that fresh produce should not be washed until right before you're ready to eat it. Washing fruits and vegetables before storing them may create an environment in which bacterial growth is more likely.</p><p>Before you begin washing fresh produce, <a href="https://www.healthline.com/health/how-long-should-you-wash-your-hands" target="_blank">wash your hands well</a> with soap and water. Be sure that any utensils, sinks, and surfaces you're using to prepare your produce are also thoroughly cleaned first.</p><p>Begin by cutting away any bruised or visibly rotten areas of fresh produce. If you're handling a fruit or vegetable that'll be peeled, such as an orange, wash it before peeling it to prevent any surface bacteria from entering the flesh.</p><p>The general methods to wash produce are as follows:</p><ul><li><strong>Firm produce.</strong> Fruits with firmer skins like apples, lemons, and pears, as well as <a href="https://www.healthline.com/nutrition/root-vegetables" target="_blank">root vegetables</a> like potatoes, carrots, and turnips, can benefit from being brushed with a clean, soft bristle to better remove residues from their pores.</li><li><strong>Leafy greens.</strong> Spinach, lettuce, Swiss chard, leeks, and cruciferous vegetables like Brussels sprouts and bok choy should have their outermost layer removed, then be submerged in a bowl of cool water, swished, drained, and rinsed with fresh water.</li><li><strong>Delicate produce.</strong> Berries, mushrooms, and other types of produce that are more likely to fall apart can be cleaned with a steady stream of water and gentle friction using your fingers to remove grit.</li></ul><p>Once you have thoroughly rinsed your produce, dry it using a clean paper or cloth towel. More fragile produce can be laid out on the towel and gently patted or rolled around to dry them without damaging them.</p><p>Before consuming your fruits and veggies, follow the simple steps above to minimize the amount of germs and substances that may be on them.</p><p><strong>Summary</strong></p><p><strong></strong>Most fresh fruits and veggies can gently be scrubbed under cold running water (using a clean soft brush for those with firmer skins) and then dried. It can help to soak, drain, and rinse produce that has more dirt-trapping layers.</p>
The Bottom Line<p>Practicing good food hygiene is an important health habit. Washing fresh produce helps minimize surface germs and residues that could make you sick.</p><p>Recent fears during the <a href="https://www.healthline.com/coronavirus" target="_blank">COVID-19 pandemic</a> have caused many people to wonder whether more aggressive washing methods, such as using soap or commercial cleaners on fresh produce, are better.</p><p>Health professionals agree that this isn't recommended or necessary — and could even be dangerous. Most fruits and vegetables can be sufficiently cleaned with cool water and light friction right before eating them.</p><p>Produce that has more layers and surface area can be more thoroughly washed by swishing it in a bowl of cool water to remove dirt particles.</p><p>Fresh fruits and vegetables offer a number of healthy nutrients and should continue to be eaten, as long as safe cleaning methods are practiced.</p>
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By Danielle Nierenberg
Following the murder of George Floyd by police in Minneapolis, people around the United States are protesting racism, police brutality, inequality, and violence in their own communities. No matter your political affiliation, the violence by multiple police departments in this country is unacceptable.
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By Jacob L. Steenwyk and Antonis Rokas
From the mythical minotaur to the mule, creatures created from merging two or more distinct organisms – hybrids – have played defining roles in human history and culture. However, not all hybrids are as fantastic as the minotaur or as dependable as the mule; in fact, some of them cause human diseases.
When Looking Through a Microscope Isn’t Close Enough.<p>For the last few years, <a href="http://www.rokaslab.org/" target="_blank">our team at Vanderbilt University</a>, <a href="https://www.researchgate.net/lab/Gustavo-Goldman-Lab" target="_blank">Gustavo Goldman's team at São Paulo University in Brazil</a> and many other collaborators around the world have been collecting samples of fungi from patients infected with different species of <em>Aspergillus</em> molds. One of the species we are particularly interested in is <a href="https://doi.org/10.1006/rwgn.2001.0082" target="_blank"><em>Aspergillus nidulans</em>, a relatively common and generally harmless fungus</a>. Clinical laboratories typically identify the species of <em>Aspergillus</em> causing the infection by examining cultures of the fungi under the microscope. The problem with this approach is that very closely related species of <em>Aspergillus</em> tend to look very similar in their broad morphology or physical appearance when viewing them through a microscope.</p><p>Interested in examining the varying abilities of different <em>A. nidulans</em> strains to cause disease, we decided to analyze their total genetic content, or genomes. What we saw came as a total surprise. We had not collected <em>A. nidulans</em> but <em>Aspergillus latus</em>, a close relative of <em>A. nidulans</em> and, as we were to soon find out, <a href="https://doi.org/10.1016/j.cub.2020.04.071" target="_blank">a hybrid species that evolved through the fusion of the genomes</a> of two other <em>Aspergillus</em> species: <em>Aspergillus spinulosporus</em> and an unknown close relative of <em>Aspergillus quadrilineatus</em>. Thus, we realized not only that these patients harbored infections from an entirely different species than we thought they were, but also that this species was the first ever <em>Aspergillus</em> hybrid known to cause human infections.</p>
Several Different Fungal Hybrids Cause Human Disease.<p>Hybrid fungi that can cause infections in humans are well known to occur in several different lineages of single-celled fungi known as yeasts. Notable examples include multiple different species of <a href="https://doi.org/10.1002/yea.3242" target="_blank">yeast hybrids</a> that cause the human diseases <a href="https://rarediseases.info.nih.gov/diseases/6218/cryptococcosis" target="_blank">cryptococcosis</a> and <a href="https://www.cdc.gov/fungal/diseases/candidiasis/index.html" target="_blank">candidiasis</a>. Although pathogenic yeast hybrids are well known, our discovery that the <em>A. latus</em> pathogen is a hybrid is a first for molds that cause disease in humans.</p>
(Left) Candida yeasts live on parts of the human body. Imbalance of microbes on the body can allow these yeasts, some of which are hybrids, to grow and cause infection. (Right) Cryptococcus yeasts, including ones that are hybrids, can cause life-threatening infections in primarily immunocompromised people. Centers for Disease Control and Prevention<p><a href="https://doi.org/10.1371/journal.ppat.1008315" target="_blank">Why certain <em>Aspergillus</em> species are so deadly</a> while others are harmless remains unknown. This may in part be because <a href="https://doi.org/10.1016/j.fbr.2007.02.007" target="_blank">combinations of traits, rather than individual traits</a>, underlie organisms' ability to cause disease. So why then are hybrids frequently associated with human disease? Hybrids inherit genetic material from both parents, which may result in new combinations of traits. This may make them more similar to one parent in some of their characteristics, reflect both parents in others or may differ from both in the rest. It is precisely this mix and match of traits that hybrids have inherited from their parental species that <a href="https://www.nytimes.com/2010/09/14/science/14creatures.html" target="_blank">facilitates their evolutionary success</a>, including their ability to cause disease.</p>
The Evolutionary Origin of an Aspergillus Hybrid.<p>Multiple evolutionary paths can lead to the emergence of hybrids. One path is through mating, just as the horse and donkey mate to create a mule. Another path is through the merging or fusion of genetic material from cells of different species.</p><p>It is this second path that appears to have been taken by our fungus. <em>A. latus</em> appears to have two of almost everything compared to its parental species: twice the genome size, twice the total number of genes and so on. But unlike other hybrids, which are often sterile like the mule, we found that <em>A. latus</em> is capable of reproducing both asexually and sexually.</p><p>But how distinct were the parents of <em>A. latus</em>? By comparing the parts contributed by each parent in the <em>A. latus</em> genome, we estimate that its parents are approximately 93% genetically similar, which is about as related as we humans are with lemurs. In other words, <em>A. latus</em>, an agent of infectious disease, is the fungal equivalent of a human-lemur hybrid.</p>
How A. Latus Differs From its Parents.<p>Elucidating the identity of closely related fungal pathogens and how they differ from each other in infection-relevant characteristics is a key step toward reducing the burden of fungal disease. For example, we found that <em>A. latus</em> was three times more resistant than <em>A. nidulans</em>, the species it was originally identified as using microscopy-based methods, to one of the most common antifungal drugs, <a href="https://www.drugbank.ca/drugs/DB00520" target="_blank">caspofungin</a>. This result provides a clear example of the potential importance of accurate identification of the <em>Aspergillus</em> pathogen causing an infection.</p><p>We also examined how <em>A. latus</em> and <em>A. nidulans</em> interact with cells from our immune system. We found that immune cells were less efficient at combating <em>A. latus</em> compared to <em>A. nidulans</em>, suggesting the hybrid fungus may be trickier for our immune systems to identify and destroy.</p><p>In the midst of the COVID-19 pandemic, our quest to understand <em>Aspergillus</em> pathogens is becoming more urgent. Growing evidence suggests that <a href="https://doi.org/10.1111/myc.13096" target="_blank">a fraction of COVID-19 patients are also infected with <em>Aspergillus</em>.</a> More worrying is that these <a href="https://doi.org/10.3201/eid2607.201603" target="_blank">secondary <em>Aspergillus</em> infections</a> can worsen the clinical outcomes for those infected with the novel coronavirus. That being said, we stress that little is known about <em>Aspergillus</em> infections in COVID-19 patients due to a lack of systematic testing, and none of the infections identified so far appear to have been caused by hybrids.</p><p>So, when it comes to hybrids, some are fantastic (the minotaur), some are helpful (the mule) and some are dangerous (<em>Aspergillus latus</em>). Understanding more about the biology of <em>Aspergillus latus</em> may help in our understanding of how microbial pathogens arise and how to best prevent and combat their infections.</p>
This Saturday, June 6, marks National Trails Day, an annual celebration of the remarkable recreational, scenic and hiking trails that crisscross parks nationwide. The event, which started in 1993, honors the National Trail System and calls for volunteers to help with trail maintenance in parks across the country.
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