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Reprinted with permission from DCReport

Trump’s EPA administrator wants to redraw our nation’s mercury standard to benefit coal-fired power plants that belch out nearly half the nation’s mercury emissions. But the agency’s Science Advisory Board is balking.

The board, headed by Trump administration appointee Michael Honeycutt who previously opposed tougher mercury standards, told the EPA it needed to look again at how much mercury people get from fish and the harm from mercury.

“EPA should instigate a new risk assessment,” the board wrote.

Under former President Barack Obama, the EPA only looked at IQ losses in children born to mothers who ate freshwater fish caught by amateur anglers from lakes where the EPA had information on fish tissue. This excluded most of the fish eaten in our country, much of it imported or fish from the ocean.

“It’s absolutely incorrect,” said Elsie Sunderland, a professor of environmental science and engineering at Harvard.

Ellen Kurlansky, a former EPA air policy analyst, said the board recommendation isn’t clear about whether ocean fish should be included in a new assessment.

“What does that actually mean?” she asked.

The Trump EPA packed the Science Advisory Board with industry-friendly appointees like air pollution researcher Robert Phalen who said air can be “a little too clean” for children’s health and consultant Brant Ulsh who claims radiation at low doses may not be dangerous.

The mercury report mentioned a discredited study by consultant and board member Tony Cox that claimed soot in the air can be beneficial.

But even this tainted board couldn’t stomach what the Trump EPA wants to do to our planet. The board also questioned a proposed rule that would limit which wetlands and waterways are protected by the Clean Water Act and the rollback of clean car standards.

Mercury exposure at its worst can mimic cerebral palsy. When airborne mercury settles on water or land that’s often damp, microbes convert it to methylmercury which is highly toxic and becomes more concentrated as it moves up food chains to people and predators.

Mercury raises the risk of diabetes and causes cardiovascular problems for adults, including higher chances of a fatal heart attack. Even how birds sing is affected.

EPA Administrator Andrew Wheeler twisted the math for a proposed federal rule to knock out the legal justifications for limiting mercury emissions, claiming that “the only health benefit” to reducing mercury emissions “that the EPA could quantify and monetize” was children’s IQ loss.

In March 2017, coal magnate Robert Murray, who donated $300,000 to Trump’s inauguration, gave the Energy Department a wish list that included rescinding or revising the mercury standard, which Murray Energy had sued to block. Wheeler is a former lobbyist and Murray Energy was his best-paying client.

Murray Energy, once the largest privately held coal company in the country, filed for bankruptcy in October. At least seven coal companies filed for bankruptcy in 2019.

EPA is required by law to base decisions on the “best available science.”

The Obama restrictions on mercury have worked. Mercury emissions from U.S. power plants plunged by 65 percent from 2015 to 2017. The standards prevent up to 11,000 premature deaths a year, 4,700 heart attacks and 130,000 asthma attacks, according to EPA estimates.

The Trump EPA also wants to quash rules on sulfur dioxide emissions from coal-fired power plants which cause acid rain.

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Eric Holder

The failure of major federal voting rights legislation in the Senate has left civil rights advocates saying they are determined to keep fighting—including by suing in battleground states. But the little bipartisan consensus that exists on election reform would, at best, lead to much narrower legislation that is unlikely to address state-level GOP efforts now targeting Democratic blocs.

“This is the loss of a battle, but it is not necessarily the loss of a war, and this war will go on,” Eric Holder, the former U.S. attorney general and Democrat, told MSNBC, saying that he and the Democratic Party will be suing in states where state constitutions protect voting rights. “This fight for voting rights and voter protection and for our democracy will continue.”

“The stakes are too important to give up now,” said Damon Hewitt, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, which for years has operated an Election Day hotline to help people vote. “Our country cannot claim to be free while allowing states to legislate away that freedom at will.”

In recent weeks, as it became clear that the Senate was not going to change its rules to allow the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act to pass with a simple majority, there have been efforts by some lawmakers, election policy experts, and civil rights advocates to identify what election reforms could pass the Senate.

“There are several areas… where I think there could be bipartisan consensus,” said David Becker, executive director of the Center for Election Innovation and Research, in a briefing on January 20. “These areas are all around those guardrails of democracy. They are all about ensuring that however the voters speak that their voice is heard… and cannot be subverted by anyone in the post-election process.”

Becker cited updating the 1887 Electoral Count Act, which addressed the process where state-based slates of presidential electors are accepted by Congress. (In recent weeks, new evidence has surfaced showing that Donald Trump’s supporters tried to present Congress with forged certificates as part of an effort to disrupt ratifying the results on January 6, 2021.) Updating that law could also include clarifying which state officials have final authority in elections and setting out clear timetables for challenging election results in federal court after Election Day.

Five centrist Washington-based think tanks issued a report on January 20, Prioritizing Achievable Federal Election Reform, which suggested federal legislation could codify practices now used by nearly three-quarters of the states. Those include requiring voters to present ID, offering at least a week of early voting, allowing all voters to request a mailed-out ballot, and allowing states to start processing returned absentee ballots a week before Election Day.

But the report, which heavily drew on a task force of 29 state and local election officials from 20 states convened by Washington’s Bipartisan Policy Center, was notable in what it did not include, such as restoring the major enforcement section of the Voting Rights Act of 1965, which was removed by the U.S. Supreme Court in 2013. It did not mention the Electoral Count Act nor growing threats to election officials from Trump supporters.

“This won’t satisfy all supporters of the Freedom to Vote Act, but this is a plausible & serious package of reforms to make elections more accessible and secure that could attract bipartisan support,” tweeted Charles Stewart III, a political scientist and director of the MIT Election Data and Science Lab. “A good starting point.”

The reason the centrist recommendations won’t satisfy civil rights advocates is that many of the most troubling developments since the 2020 election would likely remain.

Targeting Battleground States

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Former president Donald Trump

By Rami Ayyub and Alexandra Ulmer

(Reuters) -The prosecutor for Georgia's biggest county on Thursday requested a special grand jury with subpoena power to aid her investigation into then-President Donald Trump's efforts to influence the U.S. state's 2020 election results.

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