New Mexico youth and WildEarth Guardians will return to New Mexico First Judicial District Court today for the second time to defend their right to a healthy earth and sustainable future. They hope that Judge Sarah Singleton will rule in their favor and allow the case to go forward in what experts have called one of the most remarkable legal actions that has the potential to halt human-induced climate change.
On May 4, 2011, 16-year-old Akilah Sanders-Reed and WildEarth Guardians filed a lawsuit against Gov. Susana Martinez and the State of New Mexico, No. D-101-CV-2011-1514, to compel the state to prevent further increases in carbon dioxide (CO2) emissions and to compel government action in reducing CO2 emissions. Akilah’s and WildEarth Guardians’ drive in entering the lawsuit comes from the alarming research of our nation’s top scientists. According to leading climate scientist Dr. James Hansen, “the science is crystal clear—we must rapidly reduce fossil fuel carbon dioxide emissions if we are to have a chance of protecting Earth’s natural systems for these young people.”
The lawsuit is based on the Public Trust Doctrine, which requires sovereign governments to manage and protect vital natural resources for the common benefit of its citizens. By evoking this doctrine, the plaintiffs are not asking for monetary or punitive damages. They are instead petitioning the court to require that the State of New Mexico fulfill its obligation to protect the climate from excessive greenhouse gas emissions, which will ultimately protect New Mexico’s resources for future generations.
There is evidence that New Mexico is particularly vulnerable to climate change and must develop and implement an informed plan to protect the state’s public trust resources. In its Statement of Reasons for adopting Greenhouse Gas Cap and Trade Provisions issued on Nov. 10, 2010, the New Mexico Environmental Improvement Board (EIB) acknowledged that “[c]limate change caused by anthropogenic emissions of GHGs will have a particularly severe impact o[n] the American Southwest, including New Mexico. The warming trends in this region are double the annual global average.”
In spite of the EIB’s finding that New Mexico is imminently threatened by climate change impacts resulting from GHG emissions, this past spring the EIB repealed all of New Mexico’s regulations for controlling GHG emissions, leaving New Mexico’s atmosphere completely unprotected from unlimited GHG emissions and the resulting climate impacts.
According to Samantha Ruscavage-Barz, attorney for the plaintiffs, “our state has an obligation to all of its citizens, and our youth in particular, to ensure the protection of natural resources that the state holds in trust for the security and livelihood of those citizens. Yet the state continues to brazenly ignore this obligation in favor of commercial exploitation of our natural resources, particularly when it comes to the atmosphere.”
In July of last year, the State of New Mexico and Gov. Martinez filed a motion to dismiss the case despite the plaintiffs’ formidable scientific and legal claims. On Jan. 25, 2012, Akilah and WildEarth Guardians went to court for the first time to defend their right to hold New Mexico and the governor accountable for failing to protect the climate from New Mexico’s excessive greenhouse gas emissions. The state and governor raised jurisdictional defenses in an attempt to prevent the court from hearing the substance of the case. Judge Singleton gave plaintiffs leave to amend their complaint to more clearly articulate the remedies plaintiffs were seeking from the court. After plaintiffs filed their amended complaint in April, the state and Gov. Martinez again moved to dismiss the new complaint on the basis of the same jurisdictional defenses. Judge Singleton will again consider these same arguments and decide whether to give New Mexico youth a chance to state their case on the merits and move one step closer to a real climate recovery plan.
To protect Earth’s natural systems and our way of life, the consensus among scientists is that average global surface heating must not exceed 1°C and CO2 concentrations must decline to less than 350 parts per million this century (we are currently over 390 ppm). To accomplish this reduction, Dr. James Hansen and other renowned scientists conclude that carbon dioxide emissions need to peak in 2012 and decline by 6 percent per year starting in 2013.
If this is not accomplished, the predicted human-induced impacts of climate change in New Mexico are severe. In a recent report by the U.S. Department of the Interior, the Bureau of Reclamation predicted a temperature increase of 5-6°F for the Upper Rio Grande Basin in the 21st century, accompanied by a decrease in precipitation. Consequences of increased temperatures include decreased snow pack, decreased water availability for agriculture, and reduced habitat for riverine species. Hotter temperatures coupled with decreased precipitation will pose challenges to human health and increase the risk of wildfires, which threaten the state’s forests, ecosystems, and rural populations.
Plaintiff Akilah Sanders-Reed says, "I'm 17. I can’t vote. But I can hike and backpack. I can listen to birdsong, and admire the Rio Grande running between the cottonwoods. I can savor local produce. I can hear the rustle of leaves and sunlight filters through them, and breathe fresh air. I can experience how inherently beautiful our world is, but I am politically powerless to save it. In order for my generation to have a future, we have to trust our government officials to protect that future. It seems, though, that this trust was misplaced, so I'm raising my voice in the one branch of government where it can be heard."
The New Mexico lawsuit is part of a larger, innovative climate litigation strategy—the international iMatter Trust Campaign. As part of this campaign, youth plaintiffs launched Public Trust legal actions in 49 states and the District of Columbia, in addition to a federal lawsuit.
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As protests are taking place across our nation in response to the killing of George Floyd, we want to acknowledge the importance of this protest and the Black Lives Matter movement. Over the years, we've aimed to be sensitive and prioritize stories that highlight the intersection between racial and environmental injustice. From our years of covering the environment, we know that too often marginalized communities around the world are disproportionately affected by environmental crises.
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With more than 1.7 million confirmed cases of COVID-19 in the United States and more than 100,000 deaths from the virus, physicians face unprecedented challenges in their efforts to keep Americans safe.
They also encounter what some call an "infodemic," an outbreak of misinformation that's making it more difficult to treat patients.
When Leaders and Doctors Spread Misinformation<p>When people in charge of towns, cities, states, and countries spread misinformation, the potential for belief in misinformation to result in policies can have harmful effects.</p><p><a href="https://www.northwell.edu/find-care/find-a-doctor?q=Bruce+E.+Hirsch%2C+MD&insurance=&location=&query_type=provider&physician_partners=false&default_view=list&gender=&language=&sort=relevancy" target="_blank">Dr. Bruce E. Hirsch</a>, attending physician and assistant professor in the infectious disease division of Northwell Health in Manhasset, New York, says an example of this is when President Trump informed the public he was taking hydroxychloroquine as a preventive measure.</p><p>"To approach this enormous challenge, we need some intellectual honesty and clarity, and to disregard expertise and to make decisions and model decisions based on hunches is inviting us to handle challenges on the basis of rumor and uninformed opinion. The magnitude of that error is epic," Hirsch told Healthline.</p><p>Stukus agrees, noting that the harm of this proclamation is documented.</p><p>"Early on when the president touted the benefits of hydroxychloroquine and azithromycin, people started to hoard this medicine, and state boards had to shut it down because they were getting so many prescriptions for this unproven therapy that it was not available for those who truly needed it, such as those who have lupus and autoimmune conditions," Stukus said.</p><p>He adds that calls to poison control centers increased after the president suggested using disinfectant to prevent contracting the new coronavirus.</p>
Listen to Science, Even When it Changes<p>When recommendations change or evidence flip-flops, skepticism may arise. However, Stukus says change is the beauty of science.</p><p>"That shows us that we can evolve, and if the evidence shows that our prior thoughts were incorrect, we need to be able to change our recommendations and advice based upon the best quality of evidence at the time," he said.</p><p>Pierre agrees.</p><p>"Science is an iterative process, whereby we arrive at facts and truth through repeated and controlled observations. That means that it's inherently self-correcting as we revise conclusions based on ongoing research. Scientific facts aren't immutable dogma chiseled on a tablet. They change based on the best available evidence we have at a given point in time," he said.</p><p>Because research of COVID-19 has only been underway for 6 months, information is evolving rapidly, and new information may contradict old.</p><p>"There's still much we don't know about exactly how [COVID-19] spreads, what effects it has on the body, or how to best treat it. That means that the best available evidence is preliminary, but that doesn't mean that we should ignore it or turn to other sources of information or opinion as if they're just as valid," Pierre said.</p><p>He explains that conspiracy theories based on mistrust lead to vulnerability to misinformation.</p><p>If people mistrust science because it sometimes "changes its mind," Pierre said, "that shouldn't be used to embrace other opinions based on no evidence at all, which are typically selected based on confirmation bias: what we want to believe rather than what the objective evidence supports."</p>
Where to Find the Best Information<p>Stukus says to start with the <a href="https://www.cdc.gov/coronavirus/2019-nCoV/index.html" target="_blank">CDC</a> and <a href="https://www.nih.gov/health-information/coronavirus" target="_blank">NIH</a>. Then check with your local health officials, because COVID-19 guidelines may vary depending on where you live.</p><p>If you can't find information you need or have questions specifically related to you, call your primary care doctor.</p><p>"Your personal doctor should always be a resource for individual specific questions because they know best how to apply all the nuances retaining to your health, and how to incorporate all the other general [COVID-19] recommendations," Stukus said.</p><p><a href="https://www.eehealth.org/find-a-doctor/b/boyd-laura-b/" target="_blank">Dr. Laura Boyd</a>, primary care physician at Edward-Elmhurst Health Center in Elmhurst, Illinois, says her clinic receives a lot of calls about COVID-19.</p><p>"Most doctors' offices are receiving calls and answering questions, and doing phone or video visits to help clarify and/or order testing over the phone based on patients' symptoms. It is always best to call your doctor's office first instead of worrying about symptoms and waiting too long to seek treatment," she told Healthline.</p><p>If your primary care doctor has limited testing, she suggests looking on your state's public health website for available testing sites.</p><p>With a lot of unknowns related to this virus and disease, Boyd says many patients are feeling overwhelmed and anxious for a treatment.</p><p>"Unfortunately, there is no specific medication recommended for COVID for outpatient. There are a lot of ongoing studies with various drugs going on within the hospital setting. Patients should always contact their doctors about their specific symptoms as they can treat the symptoms that go along with COVID, but there is no cure," Boyd said.</p><p>While we wait for treatment and a vaccine, Hirsch, who treats patients hospitalized for COVID-19 complications on a daily basis, says everyone can do their part by washing hands, wearing a mask, and staying 6 feet apart.</p><p>"As an infectious disease doctor working in the hospital, I see the damage of the pandemic and the worst cases of what's happening. We are trying to get the best possible outcome and confronting this overwhelming biologic reality of this terrible epidemic the best we can," Hirsch said.</p><p>Everyone at home can help in the fight too, he adds.</p><p>"Follow information that is science- and evidence-based, and avoid that which is not," he said.</p>
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