Abortion Access

Federal appeals court hears oral argument on mifepristone case

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The U.S. Fifth Circuit Court of Appeals heard oral argument on Wednesday about the abortion drug mifepristone.  

The case against the U.S. Food and Drug Administration, brought by a conservative group called the Alliance for Hippocratic Medicine, was first heard in Texas by Amarillo-based District Judge Matthew Kacsmaryk earlier this spring. Kacsmaryk ruled in favor of the plaintiffs, a group of doctors who say they have had to treat women in emergency room settings when a medication abortion has led to complications. The doctors say they have conscientious objections to caring for abortion patients. The group, who have been accused of “judge shopping” since they have no known relationship to Amarillo but filed suit there, claim the FDA’s approval process of mifepristone in 2000 was rushed to market too soon and that the FDA did so by calling pregnancy “an illness.” They want to see the drug removed from the market and restudied. The U.S. Department of Justice, which argued the case on Wednesday, said the plaintiffs lack standing and that the case is time barred because the approval process took place 23 years ago.

American Civil Liberties Union Regional Center for Border rights

Federal politics unite unlikely coalitions at the border

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The last two years of the Trump administration have been challenging for both environmental and immigrant advocacy groups at the border. Renewed calls to build a $25 billion wall that would cut through important wildlife habitat for species like the jaguar and the Mexican gray wolf, combined with the impacts of ramped-up militarization in border communities, have increasingly united conservationists and social justice activists. This newfound collaboration is especially strong in Las Cruces, in southern New Mexico. This story originally appeared at High Country News and is reprinted with permission. Here, in the Borderlands, groups like the faith-based organization NMCAFé and the American Civil Liberties Union Regional Center for Border Rights have long worked on immigration reform and fought for immigrant rights at detention facilities.

carbon monoxide poisoning

The Trump administration is scuttling a rule that would save people from dying of carbon monoxide poisoning

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After Hurricane Irma hit three months ago in Orlando, Florida, the local police got a desperate 911 call from a 12-year-old boy reporting that his mother and siblings were unconscious. Fumes overcame the first deputy who rushed to the scene. After the police arrived at the property, they found Jan Lebron Diaz, age 13, Jan’s older sister Kiara, 16, and their mother Desiree, 34, lying dead, poisoned from carbon monoxide emitted by their portable generator. Four others in the house went to the hospital. If 12-year-old Louis hadn’t made that call, they might have died, too.

Antiquities Act

Legal scholars dispute whether monuments are permanent

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No president has ever abolished a national monument, and it has been more than 50 years since a president shrank one. Nor has Congress revoked any significant monuments. The high regard given these special places is part of what makes President Donald Trump’s order to review all large monuments designated since 1996 so extraordinary. Courts have never decided whether a president has the legal authority to change or undo a designated monument, and now this uncertainty has sparked a clash of legal titans. A multitude of legal experts — including 121 law professors — argue that presidents lack the power to alter or revoke monuments.

Environment

Up in smoke: Opportunities on climate, renewables shunned during Martinez administration

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Last June, Gov. Susana Martinez joined incident commanders and U.S. Forest Service officials to update local residents on yet another forest fire. She had already declared a state of emergency and called in the state National Guard for the Dog Head Fire in the Manzano Mountains near Albuquerque. Since taking office five years earlier, Martinez had presided over similar meetings across New Mexico while various fires and millions of acres of forest burned. With global warming, the number and size of fires has increased and fire season has lengthened by about two months in the western United States. Even a 2005 report prepared by the state warned that New Mexico’s forests were vulnerable to “catastrophic” wildfires and massive diebacks.

Al Gore

Trump has secretive teams to roll back regulations, led by hires with deep industry ties

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President Trump entered office pledging to cut red tape, and within weeks, he ordered his administration to assemble teams to aggressively scale back government regulations. But the effort — a signature theme in Trump’s populist campaign for the White House — is being conducted in large part out of public view and often by political appointees with deep industry ties and potential conflicts. Most government agencies have declined to disclose information about their deregulation teams. But ProPublica and The New York Times identified 71 appointees, including 28 with potential conflicts, through interviews, public records and documents obtained under the Freedom of Information Act. Some appointees are reviewing rules their previous employers sought to weaken or kill, and at least two may be positioned to profit if certain regulations are undone. The appointees include lawyers who have represented businesses in cases against government regulators, staff members of political dark money groups, employees of industry-funded organizations opposed to environmental rules and at least three people who were registered to lobby the agencies they now work for.

2006 U.S. Attorneys scandal

Senators question Wilson on past controversies at confirmation hearing

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A U.S. Senate panel’s confirmation hearing for former New Mexico congresswoman Heather Wilson stuck mostly to the nuts and bolts of what her duties as the next secretary of the Air Force may entail. But her previous scandals related to her post-Congress business connections came up more than once during the three hour meeting before the Senate Armed Services Committee Thursday morning. The panel did not vote on Wilson’s nomination to the post. The committee’s ranking member Jack Reed, D-Rhode Island, posed questions to Wilson about her controversies working as a private contractor for national laboratories and her lobbying for weapons contractor Lockheed Martin. In quizzing Wilson about her private defense contracting work, Reed brought up the conclusions of a federal investigation that found that Sandia National Laboratories wrongly paid Wilson for services that federal law bars compensation for.

Bureau of Indian Affairs

Meet the new Trump staffers in charge of tribal, land, water and wildlife issues

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When speaking to a congressional committee more than two decades ago about a bill that would have made sweeping changes to the federal Endangered Species Act, Kathleen Benedetto said the landmark 1973 law was flawed for not taking “into consideration that extinctions are part of that natural process.”

“If you look at the geological record, you can see throughout time that extinctions occurred,” Benedetto said in the 1995 House Committee on Natural Resources hearing. “We’re all aware that the dinosaurs were here for millions of years, and they’re not here any longer, and they disappeared long before man ever emerged as a species.”

Related: Bill would terminate BLM, Forest Service law enforcement

Benedetto co-founded the Women’s Mining Coalition and spoke on behalf of Grassroots ESA Coalition, an anti-regulation group aligned with the Competitive Enterprise Institute. Now, Benedetto is one of the new special assistants to Ryan Zinke, the Secretary of the U.S. Department of Interior. She’s reportedly in the Bureau of Land Management after working on Donald Trump’s transition team and as a Republican legislative staffer for the House Natural Resources Committee. As a GS-15 employee she’ll be earning between $101,630-$132,122 per year.

Quick Reads

Reported plan to use National Guard to apprehend immigrants included NM

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A draft memo from the White House to deploy National Guard troops in certain states to aid in rounding up those in the country illegally. One of those states is New Mexico. At least two spokesmen have denied the report from the Associated Press. The AP first reported on the existence of the draft memo this morning and said that Department of Homeland Security Secretary John Kelly wrote the memo himself. From the AP report:
Four states that border on Mexico are included in the proposal — California, Arizona, New Mexico and Texas — but it also encompasses seven states contiguous to those four — Oregon, Nevada, Utah, Colorado, Oklahoma, Arkansas and Louisiana.

Environment

Around NM: federal fallout, wolves, methane and more

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It’s been a rough few days for people concerned about climate change and the environment. By the time Trump gave his inaugural address, mentions of climate change already disappeared from the White House website. As the New York Times reported, the purge was part of the routine “full digital turnover” of whitehouse.gov. But it did place into “sharp relief some of the starkest differences” between presidents Obama and Trump. On Friday, White House chief of staff Reince Priebus also issued a freeze on new or pending regulations—which included four U.S. Department of Energy efficiency standards. That same day, after a National Park Service employee retweeted two news reports—about the disappearance of the White House climate pages (among others, like those related to civil rights) and the administration’s smaller inaugural crowd—government Twitter accounts were temporarily shut down.