Anti-Regulation Law Favored by Kochs Could Nix Environmental Safeguards in Wisconsin
By Steve Horn
The conservative Wisconsin Institute for Law and Liberty (WILL) has sued Wisconsin State Superintendent Tony Evers for what it alleges was a state education agency's violation of an anti-regulatory law—long pushed by the petrochemical billionaire Koch brothers—known as the REINS Act.
Wisconsin's version of REINS, or Regulations from the Executive in Need of Scrutiny, is a piece of legislation heavily lobbied and advocated in favor of for over half a decade by Americans for Prosperity, a policy and electioneering advocacy front group founded and funded by the Koch Family Foundations and Koch Industries.
The bill, which has a federal equivalent in Congress, has long been seen as the crown jewel of the Koch network. It essentially gives legislative bodies full veto power over regulations, including proposed environmental safeguards, which have been proposed by executive agencies—even when those regulations are mandated by laws legislatures have passed.
WILL's November 20 lawsuit, if successful, would be the first time the REINS Act is used to halt a proposed regulation. WILL is funded almost entirely by the conservative Milwaukee, Wisconsin-based Bradley Foundation, which has offices located next door. Wisconsin's Republican Governor Scott Walker, who is up for re-election in 2018, became the first state chief executive to sign the state equivalent of REINS into law.
Walker has long maintained close ties with the Koch network and has received millions of dollars in campaign contributions from the juggernaut.
The federal version of the REINS Act, first introduced early in Barack Obama's presidency, was again proposed during the 2017 congressional session. The bill passed early in the year in the House, but not in the Senate, where it currently has 38 co-sponsors.
Rep. Steve Haugaard, a Republican in the South Dakota legislature, recently told the Heartland Institute that he too is in the process of bringing a version of the REINS Act to his state. The American Legislative Exchange Council (ALEC), a corporate-funded group which brings lobbyists and generally Republican Party state legislators together to vote on model bills at its annual meetings, has a resolution in support of the REINS Act as one of its pieces of model legislation.
Wisconsin Supreme Court, WILL Tie
WILL has brought the lawsuit directly to the Wisconsin Supreme Court. It argues that Evers, a Democratic Party gubernatorial candidate, has promulgated proposed regulations without sending a detailed "scoping statement" to the state's Department of Administration. That office functions, in essence, as an extension of the governor's office.
Such a statement would have laid out the costs for stakeholders to comply with the proposed rules. The lack of this statement was discovered via an open records request filed by WILL, according to the complaint and exhibits from the case. The Wisconsin version of REINS requires that this type of scoping document be published, mandating that if the costs of regulatory compliance rise above $10 million, the bill or regulation either be rewritten or discarded.
"State Superintendent Evers is blatantly violating newly enacted state law," Rick Esenberg, WILL president and general counsel, said in a press release. "The legislature passed the REINS Act to make all agencies, including the Department of Public Instruction, more accountable to the elected-state legislature and open to the people of Wisconsin. No one, including Superintendent Evers, is above the rule of law in Wisconsin."
As the Associated Press noted, Gov. Walker recently appointed Dan Kelly, who formerly sat on WILL's litigation advisory board, to the Supreme Court in July 2016. Upon the appointment, WILL issued a statement in support of Kelly.
"I've known Dan a long time and enjoyed our personal and professional relationship. He is a very bright, capable attorney who believes in a judiciary that interprets the law objectively, fairly, and follows where the law might lead," WILL's Esenberg said in a press release. "His experience unquestioningly qualifies him for the Supreme Court where reason and sophisticated legal analysis guides public policy affecting nearly six million Wisconsinites."
The Wisconsin Manufacturers and Commerce—the Wisconsin state-level equivalent of the U.S. Chamber of Commerce—has inserted itself into the case by filing an amicus, or friend of the court, brief in support of WILL's lawsuit.
Legal Representation Issues
Beyond the lawsuit itself, Evers is actually having problems related to legal representation for the nascent case because he does not want to be represented by counsel from the office of Wisconsin Attorney General Brad Schimel. Schimel has come out in agreement with REINS and its implementation.
Pointing to this set of circumstances, Evers wrote a letter on Nov. 28 and then held a subsequent press conference on Nov. 29 laying out why he would like to use his own team of lawyers, including Department of Public Instruction in-house counsel, for the case.
"I believe that your office is neither willing nor ethically able to provide representation in this matter," wrote Evers. "[Wisconsin Supreme Court's Rules of Professional Conduct] require all attorneys, including those at the Department of Justice, to advocate for their clients, abide by a client's decisions concerning the objectives of representation, and avoid conflicts of interest."
Evers and the rest of the Walker-run bureaucracy are at odds to begin with because, in Wisconsin, the state superintendent of public instruction, an office Evers also holds, is an elected post. Further complicating things: Evers, if he wins the Democratic Party gubernatorial primary in August, would be Walker's opponent in the general election.
"In perhaps the most outrageous Republican attempt to consolidate all political power in the hands of Gov. Scott Walker, Attorney General Brad Schimel, echoing French king Louis XIV, has effectively declared that he is the state (l'état, c'est moi)," wrote Wisconsin attorney Lester Pines of the development. "Schimel's expression of absolute authority arose in the latest effort by Walker to gain control of the only other executive officer created by the Wisconsin Constitution who has vested executive power, the superintendent of public instruction."
Dairy State Crucible
As previously reported by DeSmog, Schimel was also a co-plaintiff for the lawsuits spearheaded by then-Oklahoma Attorney General and current U.S. Environmental Protection Agency Administrator Scott Pruitt against the Clean Power Plan. The Clean Power Plan would have regulated carbon emissions from coal-fired power plants. Pruitt—a climate change denier, as is President Donald Trump—has repealed the Clean Power Plan and now mulls its required replacement.
A spokesperson for Schimel's office, Johnny Koremenos, told WisPolitics.com that the Office of the Attorney General is his legal counsel whether "Evers likes it or not."
"Whether Superintendent Evers likes it or not, the State of Wisconsin is the actual defendant in this lawsuit, and his personal opinions as to what the law is or should be will have no bearing on the attorney general's power or ethical duty to represent the state," said Koremenos.
Beyond the legal representation quagmire, Evers' Department of Public Instruction has also called for the lawsuit to be dismissed on its face. Agency spokesperson Tom McCarthy told the Milwaukee Journal-Sentinel, "The case has no merit, period. The only people that don't understand this is WILL."
What happens in the days and months ahead with the WILL lawsuit, though, will likely have big implications for environmental regulations not only in Wisconsin but likely far beyond, with the Dairy State once again serving as a test case and battleground for the implementation of the Koch agenda.
Reposted with permission from our media associate DeSmogBlog.
In 2010, world leaders agreed to 20 targets to protect Earth's biodiversity over the next decade. By 2020, none of them had been met. Now, the question is whether the world can do any better once new targets are set during the meeting of the UN Convention on Biodiversity in Kunming, China later this year.
- Ocean Scientists Create Global Network to Help Save Biodiversity ... ›
- 5 Reasons Why Biodiversity Matters - EcoWatch ›
- 26 Organizations Working to Conserve Seed Biodiversity - EcoWatch ›
- The Top 10 Ocean Biodiversity Hotspots to Protect - EcoWatch ›
- New Platform Shows How to Protect Biodiversity and Save Planet ... ›
- These Scientists Are Listening to the Borneo Rainforest to Protect ... ›
EcoWatch Daily Newsletter
By Andrew Rosenberg
The first 24 hours of the administration of President Joe Biden were filled not only with ceremony, but also with real action. Executive orders and other directives were quickly signed. More actions have followed. All consequential. Many provide a basis for not just undoing actions of the previous administration, but also making real advances in public policy to protect public health, safety, and the environment.
- Here Are Biden's Day One Actions on Climate and Environment ... ›
- UCS Offers Science Advice for Biden Administration - EcoWatch ›
A first-of-its-kind study has examined the satellite record to see how the climate crisis is impacting all of the planet's ice.
- 'Ghost Forests' Are an Eerie Sign of Sea-Level Rise - EcoWatch ›
- Sea-Level Rise Takes Business Toll in North Carolina's Outer Banks ... ›
- Sea Level Rise Is Locked in Even If We Meet Paris Agreement ... ›
By Ana Maldonado-Contreras
- Your gut is home to trillions of bacteria that are vital for keeping you healthy.
- Some of these microbes help to regulate the immune system.
- New research, which has not yet been peer-reviewed, shows the presence of certain bacteria in the gut may reveal which people are more vulnerable to a more severe case of COVID-19.
You may not know it, but you have an army of microbes living inside of you that are essential for fighting off threats, including the virus that causes COVID-19.
How Do Resident Bacteria Keep You Healthy?<p>Our immune defense is part of a complex biological response against harmful pathogens, such as viruses or bacteria. However, because our bodies are inhabited by trillions of mostly beneficial bacteria, virus and fungi, activation of our immune response is tightly regulated to distinguish between harmful and helpful microbes.</p><p>Our bacteria are spectacular companions diligently helping prime our immune system defenses to combat infections. A seminal study found that mice treated with antibiotics that eliminate bacteria in the gut exhibited an impaired immune response. These animals had low counts of virus-fighting white blood cells, weak antibody responses and poor production of a protein that is vital for <a href="https://doi.org/10.1073/pnas.1019378108" target="_blank">combating viral infection and modulating the immune response</a>.</p><p><a href="https://doi.org/10.1371/journal.pone.0184976" target="_blank" rel="noopener noreferrer">In another study</a>, mice were fed <em>Lactobacillus</em> bacteria, commonly used as probiotic in fermented food. These microbes reduced the severity of influenza infection. The <em>Lactobacillus</em>-treated mice did not lose weight and had only mild lung damage compared with untreated mice. Similarly, others have found that treatment of mice with <em>Lactobacillus</em> protects against different <a href="https://doi.org/10.1038/srep04638" target="_blank" rel="noopener noreferrer">subtypes of</a> <a href="https://doi.org/10.1038/s41598-017-17487-8" target="_blank" rel="noopener noreferrer">influenza</a> <a href="https://doi.org/10.1371/journal.ppat.1008072" target="_blank" rel="noopener noreferrer">virus</a> and human respiratory syncytial virus – the <a href="https://doi.org/10.1038/s41598-019-39602-7" target="_blank" rel="noopener noreferrer">major cause of viral bronchiolitis and pneumonia in children</a>.</p>
Chronic Disease and Microbes<p>Patients with chronic illnesses including Type 2 diabetes, obesity and cardiovascular disease exhibit a hyperactive immune system that fails to recognize a harmless stimulus and is linked to an altered gut microbiome.</p><p>In these chronic diseases, the gut microbiome lacks bacteria that activate <a href="https://doi.org/10.1126/science.1198469" target="_blank" rel="noopener noreferrer">immune cells</a> that block the response against harmless bacteria in our guts. Such alteration of the gut microbiome is also observed in <a href="https://doi.org/10.1073/pnas.1002601107" target="_blank" rel="noopener noreferrer">babies delivered by cesarean section</a>, individuals consuming a poor <a href="https://doi.org/10.1038/nature12820" target="_blank" rel="noopener noreferrer">diet</a> and the <a href="https://doi.org/10.1038/nature11053" target="_blank" rel="noopener noreferrer">elderly</a>.</p><p>In the U.S., 117 million individuals – about half the adult population – <a href="https://health.gov/our-work/food-nutrition/2015-2020-dietary-guidelines/guidelines/" target="_blank" rel="noopener noreferrer">suffer from Type 2 diabetes, obesity, cardiovascular disease or a combination of them</a>. That suggests that half of American adults carry a faulty microbiome army.</p><p>Research in my laboratory focuses on identifying gut bacteria that are critical for creating a balanced immune system, which fights life-threatening bacterial and viral infections, while tolerating the beneficial bacteria in and on us.</p><p>Given that diet affects the diversity of bacteria in the gut, <a href="https://www.umassmed.edu/nutrition/melody-trial-info/" target="_blank" rel="noopener noreferrer">my lab studies show how diet can be used</a> as a therapy for chronic diseases. Using different foods, people can shift their gut microbiome to one that boosts a healthy immune response.</p><p>A fraction of patients infected with SARS-CoV-2, the virus that causes COVID-19 disease, develop severe complications that require hospitalization in intensive care units. What do many of those patients have in common? <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm" target="_blank" rel="noopener noreferrer">Old age</a> and chronic diet-related diseases like obesity, Type 2 diabetes and cardiovascular disease.</p><p><a href="http://doi.org/10.1016/j.jada.2008.12.019" target="_blank" rel="noopener noreferrer">Black and Latinx people are disproportionately affected by obesity, Type 2 diabetes and cardiovascular disease</a>, all of which are linked to poor nutrition. Thus, it is not a coincidence that <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6933e1.htm" target="_blank" rel="noopener noreferrer">these groups have suffered more deaths from COVID-19</a> compared with whites. This is the case not only in the U.S. but also <a href="https://www.washingtonpost.com/world/europe/blacks-in-britain-are-four-times-as-likely-to-die-of-coronavirus-as-whites-data-show/2020/05/07/2dc76710-9067-11ea-9322-a29e75effc93_story.html" target="_blank" rel="noopener noreferrer">in Britain</a>.</p>
Discovering Microbes That Predict COVID-19 Severity<p>The COVID-19 pandemic has inspired me to shift my research and explore the role of the gut microbiome in the overly aggressive immune response against SARS-CoV-2 infection.</p><p>My colleagues and I have hypothesized that critically ill SARS-CoV-2 patients with conditions like obesity, Type 2 diabetes and cardiovascular disease exhibit an altered gut microbiome that aggravates <a href="https://theconversation.com/exercise-may-help-reduce-risk-of-deadly-covid-19-complication-ards-136922" target="_blank" rel="noopener noreferrer">acute respiratory distress syndrome</a>.</p><p>Acute respiratory distress syndrome, a life-threatening lung injury, in SARS-CoV-2 patients is thought to develop from a <a href="http://doi.org/10.1016/j.cytogfr.2020.05.003" target="_blank" rel="noopener noreferrer">fatal overreaction of the immune response</a> called a <a href="https://theconversation.com/blocking-the-deadly-cytokine-storm-is-a-vital-weapon-for-treating-covid-19-137690" target="_blank" rel="noopener noreferrer">cytokine storm</a> <a href="http://doi.org/10.1016/S2213-2600(20)30216-2" target="_blank" rel="noopener noreferrer">that causes an uncontrolled flood</a> <a href="http://doi.org/10.1016/S2213-2600(20)30216-2" target="_blank" rel="noopener noreferrer">of immune cells into the lungs</a>. In these patients, their own uncontrolled inflammatory immune response, rather than the virus itself, causes the <a href="http://doi.org/10.1007/s00134-020-05991-x" target="_blank" rel="noopener noreferrer">severe lung injury and multiorgan failures</a> that lead to death.</p><p>Several studies <a href="https://doi.org/10.1016/j.trsl.2020.08.004" target="_blank" rel="noopener noreferrer">described in one recent review</a> have identified an altered gut microbiome in patients with COVID-19. However, identification of specific bacteria within the microbiome that could predict COVID-19 severity is lacking.</p><p>To address this question, my colleagues and I recruited COVID-19 hospitalized patients with severe and moderate symptoms. We collected stool and saliva samples to determine whether bacteria within the gut and oral microbiome could predict COVID-19 severity. The identification of microbiome markers that can predict the clinical outcomes of COVID-19 disease is key to help prioritize patients needing urgent treatment.</p><p><a href="https://doi.org/10.1101/2021.01.05.20249061" target="_blank" rel="noopener noreferrer">We demonstrated</a>, in a paper which has not yet been peer reviewed, that the composition of the gut microbiome is the strongest predictor of COVID-19 severity compared to patient's clinical characteristics commonly used to do so. Specifically, we identified that the presence of a bacterium in the stool – called <em>Enterococcus faecalis</em>– was a robust predictor of COVID-19 severity. Not surprisingly, <em>Enterococcus faecalis</em> has been associated with <a href="https://doi.org/10.1053/j.gastro.2011.05.035" target="_blank" rel="noopener noreferrer">chronic</a> <a href="https://doi.org/10.1016/S0002-9440(10)61172-8" target="_blank" rel="noopener noreferrer">inflammation</a>.</p><p><em>Enterococcus faecalis</em> collected from feces can be grown outside of the body in clinical laboratories. Thus, an <em>E. faecalis</em> test might be a cost-effective, rapid and relatively easy way to identify patients who are likely to require more supportive care and therapeutic interventions to improve their chances of survival.</p><p>But it is not yet clear from our research what is the contribution of the altered microbiome in the immune response to SARS-CoV-2 infection. A recent study has shown that <a href="https://doi.org/10.1101/2020.12.11.416180" target="_blank" rel="noopener noreferrer">SARS-CoV-2 infection triggers an imbalance in immune cells</a> called <a href="https://doi.org/10.1111/imr.12170" target="_blank" rel="noopener noreferrer">T regulatory cells that are critical to immune balance</a>.</p><p>Bacteria from the gut microbiome are responsible for the <a href="https://doi.org/10.7554/eLife.30916.001" target="_blank" rel="noopener noreferrer">proper activation</a> <a href="https://doi.org/10.1126/science.1198469" target="_blank" rel="noopener noreferrer">of those T-regulatory</a> <a href="https://doi.org/10.1038/nri.2016.36" target="_blank" rel="noopener noreferrer">cells</a>. Thus, researchers like me need to take repeated patient stool, saliva and blood samples over a longer time frame to learn how the altered microbiome observed in COVID-19 patients can modulate COVID-19 disease severity, perhaps by altering the development of the T-regulatory cells.</p><p>As a Latina scientist investigating interactions between diet, microbiome and immunity, I must stress the importance of better policies to improve access to healthy foods, which lead to a healthier microbiome. It is also important to design culturally sensitive dietary interventions for Black and Latinx communities. While a good-quality diet might not prevent SARS-CoV-2 infection, it can treat the underlying conditions related to its severity.</p><p><em><a href="https://theconversation.com/profiles/ana-maldonado-contreras-1152969" target="_blank">Ana Maldonado-Contreras</a> is an assistant professor of Microbiology and Physiological Systems at the University of Massachusetts Medical School.</em></p><p><em>Disclosure statement: Ana Maldonado-Contreras receives funding from The Helmsley Charitable Trust and her work has been supported by the American Gastroenterological Association. She received The Charles A. King Trust Postdoctoral Research Fellowship. She is also member of the Diversity Committee of the American Gastroenterological Association.</em></p><p><em style="">Reposted with permission from <a href="https://theconversation.com/a-healthy-microbiome-builds-a-strong-immune-system-that-could-help-defeat-covid-19-145668" target="_blank" rel="noopener noreferrer" style="">The Conversation</a>. </em></p>
By Jeff Masters, Ph.D.
The New Climate War: the fight to take back our planet is the latest must-read book by leading climate change scientist and communicator Michael Mann of Penn State University.
- 12 New Books Explore Fresh Approaches to Act on Climate Change ... ›
- Dr. Michael Mann on Climate Denial: 'It's Impaired Our Ability to ... ›