Weekly Address: President Obama's Supreme Court Nomination

<> Weekly Address: President Obama's Supreme Court Nomination - ". . .at a time when our politics are so polarized; when norms and customs of our political rhetoric seem to be corroding – this is precisely the time we should treat the appointment of a Supreme Court justice with the seriousness it deserves.  Because our Supreme Court is supposed to be above politics, not an extension of politics." White House  website: President Obama's Supreme Court Nomination

ANALYSIS: What President Obama's Supreme Court Nomination Means for the 2016 Race

WIMS will not be publishing tomorrow, Friday, March 18, 2016.

National / International News

<> ANALYSIS: What President Obama's Supreme Court Nomination Means for the 2016 Race - Almost immediately, Senate Majority Leader Mitch McConnell again stressed the vacancy should not be filled in an election year despite the nomination of Garland -- an ABC News/Washington Post poll last week, Americans by 63 to 32 percent said the president's nominee should get a hearing Mitch McConnell Cites 'Constitutional Right' to Deny Obama on Supreme Court Nominee - "It is a president's constitutional right to nominate a Supreme Court justice and it is the Senate's constitutional right to act as a check on a president and withhold its consent," McConnell said Sierra Club Launches Campaign To Pressure Senators - Tell your senators to do their job and go through the normal constitutionally-mandated process of choosing the next Supreme Court Justice -- #DoYourJob Joe Biden's comments haunt him two decades later - Constitutional Law Professor: "There is nothing in the law that can force the Senate to have hearings or vote on the nominee. . . Given the Senate rules, they can completely block any nominee . . . Democrats and the White House can only pressure the GOP to act." Fight against Obama's SCOTUS pick is all political – law professor What Garland's Supreme Court Nomination Could Mean for the Climate Senate Dems, Schumer, Progressive Group Leaders Vow Increased Public Pressure Until Republican Senators Cave POTUS announces his SCOTUS nominee - [See WIMS 3/16/16 report]

POTUS announces his SCOTUS nominee

<> POTUS announces his SCOTUS nominee at 11am ET - President Obama reminds that, "Since 1875, every Supreme Court nominee has received a Senate hearing or a vote." [See also @SCOTUSnom] President Obama's Supreme Court Nomination - As one of the best appellate judges in the country, Chief Judge Merrick Garland is the most qualified person to immediately serve on the Supreme Court. President Obama  Announces Merrick Garland As Supreme Court Nominee - Federal appeals court judge Merrick Garland is President Obama's pick to fill the Supreme Court seat left vacant by the late Supreme Court Justice Antonin Scalia, NPR has learned -- age 63, now the chief judge of the U.S. Court of Appeals for the District of Columbia Obama Nominates Merrick Garland to Supreme Court - Obama picked a man who persevered through a lengthy political battle in the mid-1990s that delayed his own confirmation to the United States Court of Appeals for the District of Columbia Circuit by more than a year. Who Is Merrick Garland? - Sen. Orrin Hatch (R-UT), the longest serving Republican on the Senate Judiciary Committee, offered his own thoughts on who President Obama should nominate to fill the seat left open by the death of Justice Antonin Scalia last week -- "[Obama] could easily name Merrick Garland, who is a fine man," Hatch told the conservative news site Newsmax, before adding that "he probably won't do that because this appointment is about the election. So I'm pretty sure he'll name someone the [liberal Democratic base] wants." Link to the President's announcement Link to White House Statements & Releases on the appointment Sierra Club Statement on Nomination of Merrick Garland to Supreme Court NRDC: Supreme Court Nominee Deserves Fair Hearing, Consideration

U.S. House Hearing Part 2: 3/15/16, 10am. Examining Federal Administration of the Safe Drinking Water Act in Flint, MI

<> U.S. House Hearing Part 2: 3/15/16, 10am. Examining Federal Administration of the Safe Drinking Water Act in Flint, MI – House Committee on Oversight and Government Reform hearing witnesses & testimony of Former Region 5 Administrator; Former MI Emergency Manager; Former Fling Mayor & Virginia Polytechnic Institute Professor

Attributing Extreme Events to Climate Change

<> Attributing Extreme Events to Climate Change - It is now possible to estimate the influence of climate change on some types of extreme events, such as heat waves, drought, and heavy precipitation, says a new report from the National Academies of Sciences, Engineering, and Medicine -- the relatively new science of extreme event attribution has advanced rapidly in the past decade owing to improvements in the understanding of climate and weather mechanisms and the analytical methods used to study specific events, but more research is required to increase its reliability, ensure that results are presented clearly, and better understand smaller scale and shorter duration weather extremes such as hurricanes and thunderstorms, said the committee that conducted the study and wrote the report. Attribution of Extreme Weather Events in the Context of Climate Change

Senate Republicans Stand by Refusal to Consider Any Supreme Court Nominee

<> Senate Republicans Stand by Refusal to Consider Any Supreme Court Nominee - As Senate Republicans on Thursday defended their refusal to consider any Supreme Court nomination put forward by President Obama, Senator Lindsey Graham of South Carolina warned that both parties would pay the price, leading to the selection of judges with increasingly partisan views. Sen. Grassley (R-IA) Statement on Supreme Court Vacancy at an Executive Business Meeting 8-Justice Court's Impact Is Felt by Supreme Court Litigants

Senate Judiciary Committee To Debate Supreme Court nomination

<> Senate Judiciary Committee To Debate Supreme Court nomination - Sen. Chuck Grassley (R-IA) Chairman, said the Senate Judiciary Committee will have a "full-blown debate" Thursday (Mar 10) on whether to hold a hearing on a Supreme Court nomination. Sen. Committee on the Judiciary, March 10 hearing Getting the Senate's responsibilities on Supreme Court nominations right - Legal Commentary -- "There is, in short, no historical support for the claim that the Senate has a tradition of shutting down the Supreme Court appointment process in presidential election years. . . The facts about Supreme Court appointments are easy to find; our leaders don't need to make them up." President Barack Obama: A Responsibility I Take Seriously Senator Chuck Grassley (R-IA): Coequal Branches of Government Senator Patrick Leahy (D-VT): Confirmation Hearings Bring Sunshine To The Court Sierra Club to Senate Debating Supreme Court Vacancy: #DoYourJob

U.S. could face up to $50B lead pipe overhaul, agency warns

<> U.S. could face up to $50B lead pipe overhaul, agency warns - The ripple effects of Flint, Michigan's tainted drinking water crisis could eventually prompt water suppliers to spend more than a quarter-trillion dollars on infrastructure upgrades faster than anticipated, a leading rating agency said Friday -- Fitch Ratings indicted that more than 6 million lead service lines exist across the country -- many of these are located in the Northeast, Midwest and older urban areas. Correction - Fitch: Flint, Chicago Lead Lawsuits Pressure Water Sector

White House: $2 Billion in New Private Sector Investments to Protect Natural Resources

<> White House: $2 Billion in New Private Sector Investments to Protect Natural Resources - At a White House roundtable on environmental conservation and restoration, private sector leaders will announce more than $2 billion in new private sector and nonfederal investments to protect land, water and wildlife for future generations.

Republicans Break from McConnell-Grassley SCOTUS Loyalty Oath

<> Republicans Break from McConnell-Grassley SCOTUS Loyalty Oath, ''What's the Point of Falling On Our Swords?'' - 'What's the point of falling on our swords if Trump's going to lose,' said the lawmaker who requested anonymity to discuss his views frankly" -- Senate Republicans could suffer political damage that costs them their majority and the White House, empowering a future Democratic president to nominate a far-left jurist who would likely be confirmed by a Democratic-controlled Senate.

2015 a Transformational Year for Clean Energy

<> The Facts Are in – 2015 a Transformational Year for Clean Energy - Advanced Energy Economy (AEE) released its latest Advanced Energy Now 2016 Market Report showcasing that the total revenue for global advanced energy hit a record $1.4 trillion in 2015, growing 8 percent worldwide over 2014, more than three times the rate of the global economy overall. [link to the report with registration required] Sustainable Energy in America Factbook – produced for the Business Council for Sustainable Energy by Bloomberg New Energy Finance

Supreme Court Rejects State Attorneys General Attack on Life-Saving Mercury Standards

<> Supreme Court Rejects State Attorneys General Attack on Life-Saving Mercury Standards - Today (Mar 3), Chief Justice John Roberts denied an emergency application filed by Michigan Attorney General Bill Schuette and allied Attorneys General to "stay" the landmark limits on toxic pollution from power plant smokestacks (MATS rule).  Opposition Petition (Mar 2) of environmental groups, states and cities opposed to the stay application Previous WIMS Coverage: What a Supreme Court ruling on mercury standards will tell us

EPA To Meet With All State Water Agencies On Lead and Copper Rule

<> EPA To Meet With All State Water Agencies On Lead and Copper Rule - In a letter to Michigan Governor Rick Snyder in follow-up to the Flint water crisis, EPA Administrator Gina McCarthy said, "As part of the EPA's immediate effort to properly oversee state implementation of the Lead and Copper Rule my staff will be meeting with every state drinking water program across the country to ensure that states are taking appropriate actions to identify and address lead action level exceedances and fully implementing and enforcing this important rule."

Certiorari denied in American Farm Bureau v. EPA

<> Certiorari denied in American Farm Bureau v. EPA - American Farm Bureau v. EPA (SupCt docket 15-599), a petition for certiorari was denied by the High Court. The denial leaves the 7/6/15 Third Circuit opinion in place which upheld U.S. EPA's plan to clean up Chesapeake Bay,      The high interest case involving many states and trade associations including Michigan, challenged EPA's "total maximum daily load" (TMDL) of nitrogen, phosphorous, and sediment that can be released into the Chesapeake Bay. Third Circuit Opinion: American Farm Bureau Federation v. EPA

What a Supreme Court ruling on mercury standards will tell us

<> What a Supreme Court ruling on mercury standards will tell us - Weeks after the United States Supreme Court froze Environmental Protection Agency (EPA) regulations regarding greenhouse gas output, the tribunal may block a rule aimed at cutting down power plants' toxic emissions. States seek to block mercury pollution rule - Twenty states have asked the Supreme Court in a new application, Michigan v. EPA (15A886), to order federal officials to stop enforcing a four-year-old rule — temporarily nullified by the Court last June — that requires electricity-generating power plants to install technology to curb pollution of the air with mercury and other harmful materials. Application by 20 states to stay or enjoin the MATS Rule – EPA response due Wednesday, March 2, 2016, by 4 p.m. Supreme Court docket No. 15A886 EPA Mercury and Air Toxics Standards (MATS) Website

EPA Proposes Revisions to its Risk Management Program

<> EPA Proposes Revisions to its Risk Management Program - U.S. EPA is proposing to revise its Risk Management Program (RMP) regulations to improve chemical process safety, assist local emergency authorities in planning for and responding to accidents, and improve public awareness of chemical hazards at regulated sources. Long-Overdue EPA Risk Management Program Rule Aims to Help At-Risk Communities, but Needs Significant Strengthening - Today (Feb 25), the Environmental Protection Agency released proposed revisions for its Risk Management Program (RMP), which helps communities and first responders prepare for and prevent chemical disasters -- the rule is important, but the proposal isn't strong enough, according to the Union of Concerned Scientists (UCS). Proposed Changes to the Risk Management Program (RMP) Rule - Pre-publication copy of the proposed rule -- the official copy will be provided upon publication in the Federal Register which will begin a 60 day comment period

Inhofe Statement on Bipartisan Solution for Flint

<> Inhofe Statement on Bipartisan Solution for Flint - U.S. Sen. Jim Inhofe (R-OK), chairman of the Senate Environment and Public Works (EPW) Committee, today (Feb 24) put forward a fully-funded solution to assist the people of Flint, Mich., as well as communities across the nation, facing challenges from aging water infrastructure. The legislation is co-authored with Sen. Debbie Stabenow (D-MI) and cosponsored by Sens. Barbara Boxer (D-CA), Rob Portman (R-OH), Sherrod Brown (D-OH), Gary Peters (D-MI), Dick Durbin (D-IL), Mark Kirk (R-IL), Jack Reed (D-RI), and Richard Burr (R-NC). -- legislation filed as an amendment to S.2012, Energy Modernization Act; and, requested to consider the legislation as an amendment to H.R. 4470, the House-passed bill to aid Flint. S.2579 - A bill to provide additional support to ensure safe drinking water; sponsored by Sen. Debbie Stabenow (D-MI).

34 Senators, 171 Representatives File Amicus Brief, Urge Circuit Court to Block EPA Attempt to Transform the Nation's Electricity Sector

<> 34 Senators, 171 Representatives File Amicus Brief, Urge Circuit Court to Block EPA Attempt to Transform the Nation's Electricity Sector - Led by U.S. Senate Majority Leader Mitch McConnell (R-KY), Senate Environment and Public Works Committee Chairman Jim Inhofe (R-OK), House Energy and Commerce Committee Chairman Fred Upton (R-MI.) and House Energy and Power Subcommittee Chairman Ed Whitfield (R-KY), 34 Senators and 171 House Members filed an amicus brief today in the case of State of West Virginia, et al. v. Environmental Protection Agency, et al. Amici Curiae Members of Congress Clean Power Plan Briefs with the D.C. Circuit Court & SCOTUS

Seas Are Rising at Fastest Rate in Last 28 Centuries

<> Seas Are Rising at Fastest Rate in Last 28 Centuries - The worsening of tidal flooding in American coastal communities is largely a consequence of greenhouse gases from human activity, and the problem will grow far worse in coming decades, scientists reported Monday. Study: Temperature-driven global sea-level variability in the Common Era Study: Unnatural Floods

Clean Power Plan Opponents File Briefs with the D.C. Circuit Court

<> Clean Power Plan Opponents File Briefs with the D.C. Circuit Court – Access all briefs filed to date in the case which is scheduled for oral argument on June 2, 2016 on the Environmental Defense Fund website Cross-State Dissent Could Be Key in Power Plan Defense States file opening briefs against EPA's Clean Power Plan in D.C. Circuit Expect a Long, Slow Slog on EPA Clean Power Plan - Now that the dust has settled on the U.S. Supreme Court order to temporarily block implementation of the EPA Clean Power Plan, and the subsequent death of Supreme Court Justice Antonin Scalia, it appears that the federal rule to cut carbon dioxide (CO2) faces a legal battle that will drag out a long time. U.S. Chamber Files Opening Brief in Case Against EPA Power Plant Rule