The Environmental Legacy of Ruth Bader Ginsburg
The passing of U.S. Supreme Court Justice Ruth Bader Ginsburg means the nation's highest court has lost a staunch advocate for women's rights and civil rights. Ginsburg was a tireless worker, who continued to serve on the bench through multiple bouts of cancer. She also leaves behind a complicated environmental legacy, as Environment and Energy News (E&E News) reported.
While it was often assumed that Ginsburg would decide in favor of environmental advocates in cases argued before the Supreme Court, the truth is that she often decided based on the nuances of the law rather than the decision that was best for the planet, according to E&E News.
She sided with the majority in the 5-4 decision of Massachusetts v. EPA. That case, argued before the court in 2006 and decided in 2007, found that the Clean Air Act gave the U.S. Environmental Protection Agency (EPA) the authority to regulate greenhouse gases that are spewed from the tailpipes of cars, according to POLITICO.
That decision was instrumental in the Obama administration raising the tailpipe emissions standard to make new cars 5 percent more efficient annually until 2026. That rule was then rolled back by the Trump administration to make them just 1.5 percent more efficient, according to Reuters.
And yet, Ginsburg also wrote the opinion of the court in the 2011 decision of American Electric Power Company v. Connecticut. That decision stripped the authority of the states and private companies to sue power companies for their contribution to the climate crisis in federal court under a public nuisance law, as E&E news reported.
Ginsburg, in that decision, emphasized the EPA's authority to regulate greenhouse gases, as POLITICO reported. That authority paved the way for the Obama administration to issue new rules for power plants that drastically reduced how much pollution they could spew into the air and waterways.
The decision, which on its face seemed to limit the rights of people and states to hold polluters accountable for their actions, actually empowered state attorneys general to sue in state court. This authority has been upheld, despite repeated attempts by the fossil fuel industry to move the cases to the federal courts, according to POLITICO.
Ginsburg did look to expand the authority of regulatory agencies to rein in polluters. She joined the dissent in two notable cases, Solid Waste Agency of Northern Cook County v. Army Corps of Engineers and Rapanos v. United States, both of which would have expanded the definition of the Clean Water Act, according to E&E News.
In 2014, Ginsburg wrote the majority opinion in a case that allowed the EPA to regulate coal plants where their emissions blew across state lines and affected the air quality of states that were downwind, according to The Washington Post. That case is credited with putting an end to some of the country's filthiest power plants, according to POLITICO.
Gina McCarthy, the EPA administrator under Obama and now the president and CEO of the National Resources Defense Council, said in 2014 that the decision was "a resounding victory for public health and a key component" of the agency's attempts to "make sure all Americans have clean air to breathe," as The Washington Post reported.
In an NRDC statement on Friday, McCarthy praised Ginsburg's life work. "From her pathbreaking advocacy for gender equality to her relentless defense of democracy itself, Justice Ginsburg widened our vision of who we are, enlarged in law the values we share and raised, forever, the possibility of what we might become."
Other environmental advocates issued statements praising the late justice as well.
"Justice Ginsburg was a pioneer for gender equality, civil rights, and the right of citizens to sue to protect their environment. The legal community lost a champion for the underdog and the nation as a whole," said Trent Dougherty, general counsel for the Ohio Environmental Council, in a statement.
Michael Brune, Sierra Club executive director said in a statement, "As we mourn the loss of Justice Ginsburg, we should reflect on her words that 'Real change, enduring change, happens one step at a time. Those of us who strive to make change for good in this world — whether it be fighting for racial justice, reproductive rights, or for a livable future — must continue the fight in her honor."
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By Teri Schultz
Europe is in a panic over the second wave of COVID-19, with infection rates sky-rocketing and GDP plummeting. Belgium has just announced it will no longer test asymptomatic people, even if they've been in contact with someone who has the disease, because the backlog in processing is overwhelming. Other European countries are also struggling to keep up testing and tracing.
Meanwhile in a small cabin in Helsinki airport, for his preferred payment of a morsel of cat food, rescue dog Kossi needs just a few seconds to tell whether someone has coronavirus.
<div id="bfda0" class="rm-shortcode" data-rm-shortcode-id="c60b1a0dedbedbe5e0ce44284aff852f"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1308390775328251906" data-partner="rebelmouse"><div style="margin:1em 0">Covid-19 dogs started their work today at the Helsinki Airport at arrival hall 2B. Dogs have been trained to detect… https://t.co/nw4mrw6eJM</div> — Helsinki Airport (@Helsinki Airport)<a href="https://twitter.com/HelsinkiAirport/statuses/1308390775328251906">1600779644.0</a></blockquote></div><p>If it were left to Kossi and his pals, crowds of potential virus carriers could be cleared in a fraction of the time for a fraction of the cost with none of the physical discomfort that accompanies the current nasal swab test based on the polymerase chain reaction (PCR) method.</p>
No Human Nose Needed<p>A dog can sniff a cloth wiped on a wrist or neck and immediately identify if it comes from someone who has contracted the virus as much as five days before any symptoms appear which would lead a person to go into isolation. "A dog could easily save so so, so many lives," University of Helsinki veterinary researcher Anna Hielm-Bjorkman told DW, who says their testing has shown an accuracy level of nearly 100%.</p><p>It was originally her idea to see whether Kossi, a talented disease-detection dog, could redirect his skills in sniffing out mold, bedbugs and cancer to detecting the new virus just as it started to spread in Europe. "It took him seven minutes to figure out 'okay, this is what you want me to look out for," Hielm-Bjorkman said. "So that totally blew our minds."</p><p>Susanna Paavilainen, the executive director of the Wise Nose scent-detection foundation and the woman who saved Kossi from euthanasia in a Spanish shelter eight years ago, immediately started retraining her dogs to find the coronavirus.</p><p>Miina, who used to track a young girl's blood sugar levels by scent, quickly came on board, along with two others already working in disease detection. In all, they hope to train 15 dogs in the first phase.</p><p>Hielm-Bjorkman said once they discovered the new capabilities, while the normal academic procedure would be to test, publish and get peer-reviewed, their first instinct was to get the dogs into service. "[Researchers] who are actually publishing," she noted wryly, "are not at the airports."</p>
Wags, Not Wages<p>But for that, they needed permission and ideally, some funding. Vantaa Deputy Mayor Timo Aronkyto, who is also responsible for airport security, saw the benefit straight away. "It took me two minutes," he told DW.</p><p>However, his funding options were limited to about $390,000 total for the four-month pilot project aiming to prove that results from the dog tests are at least as accurate as the PCR test. Anyone who tests positive at the voluntary canine site is requested to go to the medical unit for confirmation.</p><p>The interest of Aronkyto, a trained physician, is rooted in both health and wealth. "Our testing at the airport costs more than 1 million [euros] (USD $1.2 million) a month at the moment," he said, explaining he expects that to go up to €3 million (USD. $3.5 million) per month in winter. "These dogs would be much cheaper," he pointed out.</p><p>He's optimistic support will grow as data from the current pilot project accumulates, explaining there is already work underway to change Finnish legislation so eventually sniffer dogs would have the same "authority" as customs dogs.</p><p>Aronkyto anticipates one animal performing both functions in the near future. He plans to continue this level of funding from his city budget into next year but that doesn't train new dogs nor expand the capacity beyond the four that split shifts currently at the airport, even as infection rates rise.</p>
Helsinki Hesitates<p>Notably, however, the Finnish government has not signaled it would like to pick up the program itself, despite a huge surge in publicity and, as Hielm-Bjorkman and Paavilainen emphasize, interest from other countries. Travelers have been eager to participate, waiting in line more than an hour at times.</p><p>Finnish ambassador in Ramallah, Palestine, Paivi Peltokoski, praised the experience after a recent trip but, apparently, her enthusiasm is not overly contagious.</p>
<div id="d9823" class="rm-shortcode" data-rm-shortcode-id="61d382f115fe66a44eb793d9ebee3d94"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1318564228450615299" data-partner="rebelmouse"><div style="margin:1em 0">I was tested negative by two #coronadogs upon arrival at the #Helsinki airport in #Finland. Later a medical test ve… https://t.co/cGlWQn8DJb</div> — Päivi Peltokoski (@Päivi Peltokoski)<a href="https://twitter.com/PaiviPeltokoski/statuses/1318564228450615299">1603205184.0</a></blockquote></div><p>"If the government would see this already as something that they would believe in," Hielm-Bjorkman said, she could envision training hundreds of dogs, stationing sniffers at concert halls or sports matches or elderly care homes. She adds there's a need for a "paradigm shift" for both medical professionals and the public.</p><p>Usually it's doctors telling patients if they're sick, she explained, and "here it's a dog handler."</p>
Little Political Will on German Project<p>This situation is not limited to Finland. In Germany researchers also <a href="https://www.dw.com/en/german-sniffer-dogs-show-promise-at-detecting-coronavirus/a-54300863" target="_blank" rel="noopener noreferrer">announced promising results</a> with canines <a href="https://www.dw.com/en/coronavirus-german-military-training-sniffer-dogs/a-54062180" target="_blank" rel="noopener noreferrer">detecting COVID-19</a>, but no dogs have been used anywhere so far. And then, says Professor Holger Volk of the University of Veterinary Medicine Hanover, there has been insufficient political will or funding to move the project forward, something he called "very troubling" especially with a resurgent infection rate.</p><p>"When we started this whole project, we we did it because we wanted to help to stop the pandemic," Volk told DW. "It's really has been a very frustrating ride. I have had a lot of naysayers in the whole process. If I wasn't a very determined person, having done a lot of research, I would have probably stopped it."</p><p>He agrees with Hielm-Bjorkman's assessment that "it's just not in the perception of doctors that dogs are able to do this precise work." But he also echoes her faith in the vast potential of their discovery. "If you had a dog who could sniff every day quickly your cohort of workers, for example," he said, "think about the impact. You could continue having a workplace."</p><p>Speaking of workplaces, Susanna Paavilainen is starting to think if Finland doesn't want to unleash the dogs' potential at home, she and Kossi might accept one of the many requests from all over the world to provide training. "We can move because Kossi likes warm weather," she says, petting her star sniffer.</p>
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