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    ‘The path forward is clear’: how Trump taking office has ‘turbocharged’ climate accountability efforts

    Donald Trump’s re-election has “turbocharged” climate accountability efforts including laws which aim to force greenhouse gas emitters to pay damages for fueling dangerous global warming, say activists.These “make polluters pay” laws, led by blue states’ attorneys general, and climate accountability lawsuits will be a major front for climate litigation in the coming months and years. They are being challenged by red states and the fossil fuel industry, which are also fighting against accountability-focused climate lawsuits waged by governments and youth environmentalists.On day one of his second term, the US president affirmed his loyalty to the oil industry with a spate of executive actions to roll back environmental protections and a pledge to “drill, baby, drill”. The ferocity of his anti-environment agenda has inspired unprecedented interest in climate accountability, said Jamie Henn, director of the anti-oil and gas non-profit Fossil Free Media.“I think Trump’s election has turbocharged the ‘make polluters pay’ movement,” said Henn, who has been a leader in the campaign for a decade.More state lawmakers are writing legislative proposals to force oil companies to pay for climate disasters, while law firms are helping governments sue the industry. And youth activists are working on a new legal challenge to the Trump administration’s pro-fossil fuel policies.Industry interests, however, are also attempting to kill those accountability efforts – and Trump may embolden them.The state of Vermont in May passed a first-of-its-kind law holding fossil fuel firms financially responsible for climate damages and New York passed a similar measure in December.The policies force oil companies to pay for climate impacts to which their emissions have contributed. Known as “climate superfund” bills, they are loosely modeled on the Environmental Protection Agency (EPA)’s Superfund program.Similar bills are being considered in Maryland, New Jersey, Massachusetts and now Rhode Island, where a measure was introduced last week. A policy will also soon be introduced in California, where recent deadly wildfires have revived the call for the proposal after one was weighed last year.Minnesota and Oregon lawmakers are also considering introducing climate superfund acts. And since inauguration day, activists and officials in a dozen other states have expressed interest in doing the same, said Henn.“I think people are really latching on to this message and this approach right now,” Henn said. “It finally gives people a way to respond to climate disasters, and it’s something that we can do without the federal government.”View image in fullscreenProgressives introduced a federal climate superfund act last year. But with Republicans in control of the White House and both branches of Congress, it has a “less than zero chance of passing”, said Michael Gerrard, the faculty director of the Sabin center for climate change law at Columbia University.The state laws are already facing pushback in the courts. This month, 22 red states and two oil trade groups sued to block New York’s climate superfund law.“This bill is an attempt by New York to step into the shoes of the federal government to regulate something that they have absolutely no business regulating,” West Virginia’s attorney general, John B McCuskey, who led the suit and whose state is a top coal producer, told Fox News.In late December, trade groups also filed a lawsuit against Vermont’s climate superfund act which, if successful, could potentially topple New York’s law.Fossil fuel interests were expected to challenge the climate superfund laws even if Kamala Harris was elected president and have been boosted by Trump’s win. “I think [they] feel like they have more of a shot with the executive backing them,” said Cassidy DiPaola, spokesperson for the Make Polluters Pay campaign.It “would not be shocking” if Trump’s justice department were to file briefs in support of plaintiffs fighting the laws, said Gerrard, which could tip the scales in their favor.More legal challenges may also be on the way, and if additional states pass similar policies, they are expected to face similar lawsuits. But Henn says he is confident the laws will prevail.“I think Republicans think that they’re going to be able to just scare off local legislators or local attorneys general from pursuing a polluter pays agenda, but I think they’re wrong,” he said. “We have widespread public support for this approach. People don’t like the fossil fuel industry.”Over the last decade, states and municipalities have also brought more than 30 lawsuits against fossil fuel interests, accusing them of intentionally covering up the climate risks of their products while seeking damages for climate impacts.As Trump’s pro-fossil fuel policies move the US in “precisely the wrong direction” on the climate crisis, they will “surely inspire yet more litigation”, said Gerrard. Michigan has announced plans to file a suit in the coming months, and more are likely to be rolled out this year.The cases face a formidable opponent in the fossil fuel industry, which has long attempted to fend off the lawsuits. Since January, courts have dismissed litigation filed by New Jersey, New York and a Maryland city and county, saying the states lacked jurisdiction to hear the cases.Other decisions have been positive for the plaintiffs. In three decisions since spring 2023, the supreme court turned down petitions from the fossil fuel industry to move the venue of the lawsuits from the state courts where they were originally filed, to federal courts which are seen as more friendly to the industry.Last week, a court in Colorado heard arguments over the same issue in a lawsuit filed by the city of Boulder. The outcome will have major implications for the future of the challenge.Trump has pledged to put an end to the wave of lawsuits, which he has called “frivolous”. During his first term, his administration filed influential briefs in the cases supporting the oil companies – something his justice department could do again. “It’s clear where their allegiances are,” said Gerrard. “And if they file briefs that would be good for the defendants.”Alyssa Johl, vice-president and general counsel of the Center for Climate Integrity, which tracks and supports the lawsuits, said: “There is still a long road ahead for these efforts, but the path forward is clear.”“As communities grapple with the increasingly devastating consequences of big oil’s decades-long deception, the need for accountability is greater than ever,” she said.Youth-led litigationAnother climate-focused legal movement that is gaining steam: youth-led challenges against state and federal government agencies, for allegedly violating constitutional rights with pro-fossil fuel policies.Trump’s second term presents an important moment for these lawsuits, said Julia Olson, founder of the law firm Our Children’s Trust, which brought the litigation. While some lawyers will fight each rollback individually, her strategy could “secure systemic change”, she said.View image in fullscreenOn Wednesday, a US judge rejected an Our Children’s Trust suit filed by California youth against the EPA, saying the challengers failed to show that they had been injured by the federal body. Olson said the judge “misapplied the law”.That same day, the most well-known Our Children’s Trust case, Juliana v United States – in which 21 young people sued the federal government – suffered a blow. In December, the plaintiffs filed a petition with the supreme court to send the case back to trial after it was tossed out. The US solicitor general has now filed a brief opposing their petition; Olson said it “mischaracterized” the case.Our Children’s Trust’s lawsuits have in other instances seen major victories. In December, Montana’s supreme court upheld a landmark climate ruling in favor of young plaintiffs, which said the state was violating youths’ constitutional right to a clean environment by permitting fossil fuel projects with no regard for global warming.That victory in a pro-fossil fuel red state, said Olson, inspires hope that children could win a lawsuit against a conservative, oil and gas-friendly federal government.She is working on another lawsuit against the Trump administration, whose “brazen” anti-environment agenda could bolster the challengers’ arguments, she said.“These policies will kill children … and by making his agenda obvious, I think that he helps us make that clear.” More

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    A Constitutional Convention? Some Democrats Fear It’s Coming.

    Some Republicans have said that a constitutional convention is overdue. Many Democratic-led states have rescinded their long-ago calls for one, and California will soon consider whether to do the same.As Republicans prepare to take control of Congress and the White House, among the many scenarios keeping Democrats up at night is an event that many Americans consider a historical relic: a constitutional convention.The 1787 gathering in Philadelphia to write the Constitution was the one and only time state representatives have convened to work on the document.But a simple line in the Constitution allows Congress to convene a rewrite session if two-thirds of state legislatures have called for one. The option has never been used, but most states have long-forgotten requests on the books that could be enough to trigger a new constitutional convention, some scholars and politicians believe.Some Democratic officials are more concerned than ever. In California, a Democratic state senator, Scott Wiener, will introduce legislation on Monday that would rescind the state’s seven active calls for a constitutional convention, the first such move since Donald J. Trump’s election to a second term.Mr. Wiener, who represents San Francisco, and other liberal Democrats believe there is a strong possibility of a “runaway convention.” They say that Republicans could call a convention on the premise, say, of producing an amendment requiring that the federal budget be balanced, then open the door for a free-for-all in which a multitude of other amendments are considered, including some that could restrict abortion access or civil rights.“I do not want California to inadvertently trigger a constitutional convention that ends up shredding the Constitution,” Mr. Wiener said in an interview.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Ben & Jerry’s Accuses Unilever of Seeking to Muzzle Its Gaza Stance

    The ice cream maker claimed in a lawsuit that its parent company tried to stop it from expressing support for Palestinian refugees.Ben & Jerry’s on Wednesday sued its parent company, Unilever, accusing the consumer goods giant of censorship and threats over the ice cream maker’s attempts to express support for Palestinian refugees. The move ratchets up a longstanding conflict between the two that has flared since the start of the war in Gaza.The lawsuit claims that Unilever recently tried to dismantle Ben & Jerry’s independent board and sought to muzzle it to prevent the company from calling for a cease-fire and safe passage for refugees, from supporting U.S. students protesting civilian deaths in Gaza, and from urging an end to U.S. military aid to Israel.“Unilever has silenced each of these efforts,” Ben & Jerry’s said in the lawsuit. The company, which is based in South Burlington, Vt., did not immediately respond to a request for comment.Unilever said that it would strongly defend itself against the accusations. “We reject the claims made by B&J’s social mission board,” it said in a statement.Hamas carried out a devastating attack on Israel on Oct. 7 last year, and Israel responded by besieging Gaza, the territory that Hamas once controlled, with an offensive that has killed tens of thousands of Palestinians and created a humanitarian crisis.Unilever is one of a number of global multinationals like Starbucks that has been grappling with how to navigate business amid one of the most fraught issues in the world. The British conglomerate bought Ben & Jerry’s in 2000 and holds two of 11 seats on what is supposed to be an independent board.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Flash Flooding Leads to Evacuations and Rescues in Central Vermont

    The downpour took place exactly a year after a storm caused devastating flooding in some of the same towns.Heavy rain late Wednesday and early Thursday caused flash flooding and forced dozens of overnight rescues and evacuations in central Vermont, affecting some of the same towns that were devastated by record rain and flooding a year ago.One death in the state is believed to have been caused by the extreme weather, Jennifer Morrison, the state’s commissioner of public safety, said at a news conference Thursday morning, though she added that the cause had not been confirmed. The death occurred when a vehicle was swept into floodwater in Peacham, east of Montpelier, she said.The rainfall, attributed to the passing remnants of Tropical Storm Beryl, totaled as much as 5 or 6 inches in some locations, and was expected to continue on Thursday. The National Weather Service in Burlington predicted “excessive rainfall risk” through 8 a.m. Friday in and around Burlington, Middlebury, Stowe and Montpelier, the state capital, where floodwaters inundated the downtown area on July 10, 2023.A flood watch was in effect Thursday morning for much of Vermont and northern New York. Two rivers — including the Winooski, downstream from Waterbury — had yet to crest, officials said.State officials at the news conference said that three bridges had been destroyed by floodwaters and three others damaged, in locations including Norton, Charleston, Morristown and Barnet. The officials stressed that the situation remained dangerous, and urged residents to stay away from rivers, where flood-borne debris continued to pose hazards.Among the places hardest hit on Thursday was Barre, a city of 8,500 next to Montpelier that was devastated by the two-day storm last summer. Local media outlets reported on Thursday morning that Barre’s Main Street was again underwater.More than a dozen swift-water rescue teams, including one from New Hampshire and another from Connecticut, made 118 rescues from Wednesday into Thursday, officials said. Rescues were continuing in Lyndonville, northeast of Montpelier.Mental health counselors were deployed in some communities on Thursday morning to assist residents experiencing trauma, officials said.“I know last night’s flooding — in many of the very same communities impacted on the same day last year — is devastating for these families, business owners and community members,” Gov. Phil Scott wrote on his Facebook page Thursday morning. “My team, emergency responders and local leaders are working around the clock to help ensure public safety, and we will act as quickly as possible in recovery.” More

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    Vermont Republican secretly poured water into colleague’s bag over months

    A Vermont lawmaker was compelled to apologize publicly after being caught on video pouring water into her colleague’s work bag multiple times across several months.The bizarre behavior is allegedly a part of a campaign of harassment that one legislator aimed at another who represents the same district in the Green Mountain state, independent outlet Seven Days first reported.The Republican representative, Mary Morrissey, 67, confessed to dumping water in the bag of the Democratic legislator Jim Carroll, 62. She later apologized during a Vermont state house session on Monday, Boston.com reported.“I am truly ashamed of my actions,” Morrissey said.Morrissey did not respond to the Guardian’s request for comment.She and Carroll both represent the city of Bennington, about 25 miles outside of Manchester. Morrissey has served 13 terms in the Vermont legislature while Carroll has served two.Carroll told the Guardian that Morrissey had poured cups of water into his bag since January.Carroll says he first suspected Morrissey as she had been “nasty” to him for several months despite the two knowing each other since childhood and even attending the same church.“[She] would say demeaning things in front of other legislators,” Carroll said.But Carroll had no evidence, so he decided to launch his own investigation. For weeks, Carroll secretly recorded footage of his backpack to catch the person in the act.In two videos Carroll captured, Morrissey is seen dumping a cup of liquid into Carroll’s green tote bag. Morrissey’s face was not captured in the video, but fellow lawmakers were able to identify her by her gray hair.Seven Days later used a public records request to obtain footage of Morrissey dumping water into Carroll’s bag. That was after the outlet initially reported on Morrissey’s behavior and an ethics investigation into her.Carroll initially refused to release the videos to Seven Days but ultimately changed his mind.“I have been very reluctant to disclose the video because I believe it will deeply embarrass Representative Morrissey,” Carroll wrote in a statement to the outlet. “However, it has become clear to me that the media are aware of the details of Representative Morrissey’s behavior and likely will continue to report on that behavior in the near future.”Carroll said when he first saw the video of Morrissey, he felt “sad”. “There was no good that was going to come out of this,” he said.Morrissey later apologized to Carroll during a subsequent meeting and claimed that she didn’t know the bag belonged to him.According to Carroll, Morrissey initially said that she “flicked” water on the bag because she saw a bug on it. But she later added that she didn’t know why she decided to dump water on Carroll’s bag for months on end.“At the end of the meeting, I looked at her and said, ‘You know, this has really fucked me up.’ There were weeks when I didn’t know who was doing this or why,” Carroll said.“I walked around this place, paranoid of my fellow legislators, racking my brain trying to think, ‘What could I have possibly said or done?’”Carroll said that he was still weighing whether he should pursue charges against Morrissey for the harassment.As for whether he forgives Morrissey, Carroll said: “I guess I would have to say yes in the spirit of forgiveness, reluctantly. But if I had to be a smartass, I’d say her apology holds about as much water as my canvas bag.” More

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    Bernie Sanders to run for fourth term in US Senate

    Bernie Sanders, the Vermont independent senator and former candidate for the Democratic presidential nomination, announced on Monday that he will run for a fourth six-year term – at the age of 82.In a video statement, Sanders thanked the people of Vermont “for giving me the opportunity to serve in the United States Senate”, which he said had been “the honor of my life.“Today I am announcing my intention to seek another term. And let me take a few minutes to tell you why.”In his signature clipped New York accent, Sanders did so.Citing his roles as chair of the Senate health, labor and pensions committee, part of Senate Democratic leadership, and as a member of committees on veterans affairs, the budget and the environment, Sanders said: “I have been, and will be if re-elected, in a strong position to provide the kind of help that Vermonters need in these difficult times.”Should Sanders win re-election and serve a full term, he will be 89 years old at the end of those six years. In a decidedly gerontocratic Senate, that would still be younger than the current oldest senator, Chuck Grassley of Iowa, who will turn 91 in September. The Republican is due for re-election in 2028 – and has filed to run.Sanders was a mayor and sat in the US House for 16 years before entering the Senate in 2007.In 2016 he surged to worldwide prominence by mounting an unexpectedly strong challenge to Hillary Clinton for the Democratic presidential nomination, from the populist left. He ran strongly again in 2020 but lost out to Joe Biden.Announcing another election run, Sanders stressed the need to improve public healthcare, including by defending social security and Medicare and lowering prescription drug prices; to combat climate change that has seen Vermont hit by severe flooding; to properly care for veterans; and to protect abortion and reproductive rights.“We must codify Roe v Wade [which protected federal abortion rights until 2022] into national law and do everything possible to oppose the well-funded rightwing effort to roll back the gains that women have achieved after decades of struggle,” Sanders said. “No more second-class citizenship for the women of Vermont. Or America.”Addressing an issue which threatens to split Democrats in the year of a presidential election, Sanders said: “On October 7, 2023, Hamas, a terrorist organization, began the war in Gaza with a horrific attack on Israel that killed 1,200 innocent men, women and children and took more than 230 hostages, some of whom remain in captivity today. Israel had the absolute right to defend itself against this terrorist attack.”But Sanders, who is Jewish, also said Israel “did not and does not have the right to go to war against the entire Palestinian people, which was exactly what it is doing: 34,000 Palestinians have already been killed and 77,000 have been wounded, 70% of whom are women and children. According to humanitarian organizations, famine and starvation are now imminent.“In my view, US tax dollars should not be going to the extremist [Benjamin] Netanyahu government to continue its devastating war against the Palestinian people.”In conclusion, if without mentioning Donald Trump by name, Sanders called the 2024 election “the most consequential election in our lifetimes”.“Will the United States continue to even function as a democracy? Or will we move to an authoritarian form of government? Will we reverse the unprecedented level of income and wealth inequality that now exists? Or will we continue to see billionaires get richer while working families struggle to put food on the table? Can we create a government that works for all of us? Or will our political system continue to be dominated by wealthy campaign contributors?“These are just some of the questions that together we need to answer.” More

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    Suspect arrested in arson attack on Bernie Sanders’ Vermont office

    Authorities say they have arrested an alleged arsonist accused of setting the US senator Bernie Sanders’ Burlington, Vermont, office on fire while staff worked inside – but investigators have yet to release details about a possible a motive.A justice department notification published on Sunday said Shant Soghomonian, 35, had been charged with using fire to damage the building but did not include any reason for his alleged actions.Soghomonian, who has also gone by the first name Michael, was listed as being from Northridge, California. He allegedly entered the building on Friday morning, went to the third floor where Sanders’ offices are situated, and sprayed the entry door with an accelerant.He then set fire to the door with a handheld lighter – all in view of a security camera that was recording video, the justice department said.Soghomonian then left through a staircase as the fire spread, damaging the door and triggering the sprinkler system. Several employees were in the progressive senator’s office at the time, though no injuries were reported.The Burlington police department said the fire engulfing the door and part of the vestibule had impeded “staff members who were working in the office” from exiting, which endangered their lives.In a statement to CNN, Sanders said: “I am deeply grateful to the swift, professional, coordinated efforts of local, state, and federal law enforcement in response to the fire at my Vermont office.” The independent senator who votes in line with Democrats added that he was grateful none of his staff had been injured while describing his office’s commitment to serve those in his home state of Vermont “during these challenging times”.If convicted, Soghomonian could face between five and 20 years in prison as well as up to a $250,000 fine, according to the justice department.While no motive has been advanced for Soghomonian’s alleged actions, the arson attack comes as implied threats of political violence are becoming a feature of the 2024 presidential and congressional elections.Politicians on both sides of the aisle have in recent months been subjected to anonymous calls to law enforcement that invite an armed, potentially forceful emergency response.skip past newsletter promotionafter newsletter promotionIn early January, it was reported that at least three members of Congress had reported “swatting” incidents over the previous week, including Representative Brandon Williams of New York, Senator Rick Scott of Florida, and Representative Marjorie Taylor Greene of Georgia, all Republicans.Maine’s Democratic secretary of state, Shenna Bellows, who ruled that Donald Trump should be ineligible to appear on the state’s 2024 primary ballot after the former president’s supporters attacked Congress on 6 January 2021, was also the target of a swatting call.The US supreme court later forced Bellows to reverse her decision. More

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    Man Set Fire Outside Bernie Sanders’s Vermont Office, Police Say

    The authorities are trying to identify an arsonist who struck outside the U.S. senator’s office in Burlington, Vt. No one was injured, and the senator was not there.The authorities in Vermont said they were searching for a man who started a fire outside Senator Bernie Sanders’s office in Burlington on Friday morning.The unidentified man walked into the vestibule of Senator Sanders’s office and sprayed an “apparent accelerant” on the entrance door to the third-floor office, before lighting the accelerant and fleeing, the Burlington Police Department said in a statement. It was unclear exactly what the man sprayed on the door.“A significant fire engulfed the door and part of the vestibule,” which prevented staff members who were working inside the office from exiting, the Police Department said.The building’s sprinkler system activated, which mostly put out the fire before firefighters arrived around 10:45 a.m., the Police Department said.A surveillance photo of a man the police say set a fire outside Senator Bernie Sanders’s office in Burlington, Vt., Friday morning.Burlington Police DepartmentThe Burlington Fire Department said that the door to the senator’s office “sustained moderate” damage from the fire, and that the third floor of the building and the floors below it also had water damage.No injuries were reported. Senator Sanders, independent of Vermont, was not at the office at the time of the fire, his office said in a statement.Investigators with the Vermont State Police determined that the fire was an act of arson. The authorities had not concluded a motive.The Police Department released a photo from surveillance footage of the man who started the fire. In the photo, he is wearing a black jacket, dark-colored pants, white sneakers and an orange beanie.Kathryn Van Haste, the Vermont state director for Senator Sanders, said in a statement, “We are grateful to the Burlington Fire and Police Departments who responded immediately today to a fire incident that took place in our office building.”The United States Capitol Police and the Senate sergeant-at-arms were working with local authorities in Burlington investigating the fire, Ms. Van Haste said.Mayor Emma Mulvaney-Stanak of Burlington said in a statement that she was “relieved to hear that everyone made it out safely.” More