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The Dictatorship

Thanks to Trump and RFK Jr., the FDA is suspending milk inspections. That’s a mistake.

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Thanks to Trump and RFK Jr., the FDA is suspending milk inspections. That’s a mistake.

Under President Donald Trump and Health and Human Services Secretary Robert F. Kennedy Jr.the reach of the Food and Drug Administration is being scaled back by executive fiat. Reporting indicates that the FDA is suspending inspections that help ensure the safety of the nation’s food, amid broader staff cuts at HHS imposed by the new administration. Reuters recently reported that, among the inspections paused, the FDA “is suspending a quality control program for testing of fluid milk and other dairy products due to reduced capacity in its food safety and nutrition division.” More specifically, “the agency suspended its proficiency testing program for Grade ‘A’ raw milk and finished products.”

It is only thanks to the power of the federal government that the United States has historically enjoyed safe food. Thanks to the efforts of an array of agencies, such as the Food and Drug Administration and the Agriculture Department’s Food Safety and Inspection Service, we can reliably trust that the food we buy is safe and, if not, know about any outbreaks or recalls.

While some reformers succeeded in creating local agencies, by the 1920s, milk had earned a dangerous reputation.

It was not always like this and milk is the perfect food to show why. The dairy industry started off selling so-called “swill milk” to urban consumers in the mid-1800s. Such milk came from city-based dairy cows fed on mash and leftovers from nearby distillers and brewers. Reformers at the local and state levels campaigned for the construction of local milk regulators and against swill milk, because they feared its corrupting influence and low-grade grains in the feed.

While some reformers succeeded in creating local agencies, by the 1920s, milk had earned a dangerous reputation. Dairies spread dysentery, typhoid fever, scarlet fever, diphtheria and — most of all — bovine tuberculosis. Scientists at one of the precursors to the U.S. Centers for Disease Control and Prevention even worried that milk was more dangerous than ever, with one writing, “Milk is second in importance only to water as a vehicle of disease transmission.”

Out of Alabama, a plan emerged from a cooperative program organized by the state Board of Health and the public health service to begin coordinating the local, state and federal regulations into one inspection system. Their reasons included the failure of the current patchwork system, the failure to align regulatory standards, the ability of the dairy industry to overpower the fragmented inspection system and the necessity of milk being pasteurized to kill harmful bacteria. By the end of the 1920s, the federal government began to build just such a coordinated system. Out of these efforts was born the use of grading, including grade A, as well as the unpasteurized but still regulated raw milk sector.

The White House’s justification for scaling back federal authority is that the states will pick up the slack and take charge of their own consumer marketplaces. But historical examples show why a patchwork system of ad hoc state and local regulations was ineffective at ensuring milk was healthy.

As of 1938, when the national inspection system had not yet fully come together, milk was responsible for 25% of all foodborne disease outbreaks. In the subsequent three decades, the dairy inspection system grew in fits and starts, particularly during World War II and the Korean War. By 1965, that number had declined to 2.5%. That year, the federal government formally united milk inspection and created a unified standard for inspecting dairy products.

Milk regulations united the efforts of the federal government’s fragmented system to protect consumers.

The unified federal milk ordinance finally allowed the country to tackle a long-simmering problem. Milk is not only a perfect vector for bacteria to thrive, but it is also an excellent way for agricultural and industrial toxins to get into the food system and into the bodies of the people who consume milk, particularly children. No toxin was more feared at that time than residues of DDT, the once-formidable chemical that had ushered in a whole new chemical age in farming In 1965, the federal government forced all milk inspections to also test for pesticide residues. States like California had spent years trying to hammer out their own DDT regulations, but only federal power was able to force producers’ compliance.

Milk regulations united the efforts of the federal government’s fragmented system to protect consumers. In addition to the CDC ordinances, the FDA tested for residues and set ingredient standards; the USDA regulated agricultural uses of pesticides and other related chemicals and focused on eradicating animal diseases; and the U.S. Environmental Protection Agency cleaned up the environment to keep the cows safe from pollutants, including banning DDT in the mid-1970s.

An example of how these organizations had to work together to keep milk safe to consume was with the feed additive DES. The synthetic hormone was widely used to enhance cattle growth in the mid-20th century, following USDA approval. But the government continued monitoring its use in animal agriculture, and studies found that DES was carcinogenic. By the end of the 1970s, the FDA banned DES because it posed a threat to human health.

The FDA could ban chemicals like DES because Congress empowered it to do so. Its roots go back to public outcry unleashed by Upton Sinclair’s 1906 book “The Jungle.” But not until 1938 did Congress give the FDA the authority to directly regulate ingredients. Two decades later, another law gave the FDA the power to ban any substance known to be a carcinogen from entering into the consumer marketplace. Taken all together, agencies like the FDA provide Americans their only serious way to have a say in what they put into their bodies. As history shows, not only did producers put toxins into the food that Americans ate, but they also lacked the power to clean up their own industries.

Yet, lawmakers created these institutions to keep every American safe through the power of the federal government, the one thing that is potent enough to even try to hold food producers to account. Only the federal government possesses the tools of research coordination, national testing standards, recalls, federal lawsuits and public awareness campaigns. Time will tell if we can ever reassert these regulatory bodies’ authority, or re-create them if they are gone. Our health depends on it.

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The Dictatorship

Judge orders federal government to restore funding for $16B New York-New Jersey rail tunnel project

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Judge orders federal government to restore funding for $16B New York-New Jersey rail tunnel project

NEW YORK (AP) — A federal judge ordered the Trump administration to restore funding to a new rail tunnel between New York and New Jersey on Friday, ruling just as construction was set to shut down on the massive infrastructure project.

The decision came months after the administration announced it was halting $16 billion in support for the project, citing the then-government shutdown and what a top federal budget official said were concerns about unconstitutional spending around diversity, equity and inclusion principles.

U.S. District Judge Jeannette A. Vargas in Manhattan approved a request by New York and New Jersey for a temporary restraining order barring the administration from withholding the funds while the states seek a preliminary injunction that would keep the money flowing while their lawsuit plays out in court.

“The Court is also persuaded that Plaintiffs would suffer irreparable harm in the absence of an injunction,” the judge wrote. “Plaintiffs have adequately shown that the public interest would be harmed by a delay in a critical infrastructure project.”

The White House and U.S. Department of Transportation did not immediately respond to emails seeking comment Friday night.

New York Attorney General Letitia James called the ruling “a critical victory for workers and commuters in New York and New Jersey.”

“I am grateful the court acted quickly to block this senseless funding freeze, which threatened to derail a project our entire region depends on,” James said in a statement. “The Hudson Tunnel Project is one of the most important infrastructure projects in the nation, and we will keep fighting to ensure construction can continue without unnecessary federal interference.”

The panel overseeing the project, the Gateway Development Commission, had said work would stop late Friday afternoon because of the federal funding freeze, resulting in the immediate loss of about 1,000 jobs as well as thousands of additional jobs in the future.

It was not immediately clear when work would resume. In a nighttime statement, the commission said: “As soon as funds are released, we will work quickly to restart site operations and get our workers back on the job.”

The new tunnel is meant to ease strain on an existing, over 110-year-old tunnel that connects New York and New Jersey for Amtrak and commuter trains, where delays can lead to backups up and down the East Coast.

New York and New Jersey sued over the funding pause this week, as did the Gateway Development Commission, moving to restore the Trump administration’s support.

The suspension was seen as way for the Trump administration to put pressure on Democratic Senate Minority Leader Chuck Schumer of New York, whom the White House was blaming for a government shutdown last year. The shutdown was resolved a few weeks later.

Speaking to the media on Air Force One, Trump was asked about reports that he would unfreeze funding for the tunnel project if Schumer would agree to a plan to rename Penn Station in New York and Dulles International Airport in Virginia after Trump.

“Chuck Schumer suggested that to me, about changing the name of Penn Station to Trump Station. Dulles Airport is really separate,” Trump responded.

Schumer responded on social media: “Absolute lie. He knows it. Everyone knows it. Only one man can restart the project and he can restart it with the snap of his fingers.”

At a hearing in the states’ lawsuit earlier in Manhattan, Shankar Duraiswamy, of the New Jersey attorney general’s office, told the judge that the states need “urgent relief” because of the harm and costs that will occur if the project is stopped.

“There is literally a massive hole in the earth in North Bergen,” he said, referring to the New Jersey city and claiming that abandoning the sites, even temporarily, “would pose a substantial safety and public health threat.”

Duraiswamy said the problem with shutting down now is that even a short stoppage would cause longer delays because workers will be laid off and go off to other jobs and it’ll be hard to quickly remobilize if funding becomes available. And, he added, “any long-term suspension of funding could torpedo the project.”

Tara Schwartz, an assistant U.S. attorney arguing for the government, disagreed with the “parade of horribles” described by attorneys for the states.

She noted that the states had not even made clear how long the sites could be maintained by the Gateway Development Commission. So the judge asked Duraiswamy, and he said they could maintain the sites for a few weeks and possibly a few months, but that the states would continue to suffer irreparable harm because trains would continue to run late because they rely on an outdated tunnel.

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Collins reported from Hartford, Connecticut.

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The Dictatorship

Trump reopens Atlantic Ocean monument to commercial fishing

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Trump reopens Atlantic Ocean monument to commercial fishing

PORTLAND, Maine (AP) — President Donald Trump issued a proclamation on Friday reopening a huge swath of protected sea in the Atlantic Ocean to commercial fishing.

Trump said the move would reestablish fishing in Northeast Canyons and Seamounts Marine National Monument off the New England coast, a nearly 5,000-square-mile preserve east of Cape Cod that was created by former President Barack Obama. Trump rolled back protections in the area in 2020 and President Joe Biden later restored them.

Trump’s proclamation is his latest move to try to strengthen U.S. fishing while rolling back existing conservation measures. He signed a broader order earlier this year that calls on the federal government to reduce the regulatory burden on fishermen in the coming weeks.

Trump has long been critical of the marine monument, which Obama described at the time as a chance to protect vulnerable undersea corals and ecosystems. Trump has described it as an unfair penalty on commercial fishermen.

The president wrote in Friday’s proclamation that he believed “appropriately managed commercial fishing would not put the objects of historic and scientific interest that the monument protects at risk.”

Trump signaled that he would restore fishing in the area in May. The White House said at the time the move would “support the vital Maine lobster industry by ensuring unfettered access to the coastal waters of the United States.”

Trump has frequently linked his support of fishing rights in the monument to Maine fishermen, though the protected area is located southeast of Cape Cod.

Commercial fishing groups have long sought the reopening of the protected area and voiced support on Friday.

“We deserve to be rewarded, not penalized,” said John Williams, president and owner of the New Bedford, Massachusetts-based Atlantic Red Crab Company. “We’re demonstrating that we can fish sustainably and continue to harvest on a sustainable level in perpetuity.”

Environmental groups have been highly critical of the move to reopen the monument to fishing. Some have vowed to fight it in court.

“The Northeast Canyons and Seamounts Marine National Monument was created to provide strong protections for the wide range of marine life that live in these unique habitats,” said Gib Brogan, fisheries campaign director at environmental group Oceana.

Environmentalists also challenged a Trump move last year that they say removes important protections from the Pacific Islands Heritage Marine National Monument off Hawaii. That is a much larger marine monument created by President George W. Bush in 2009 and later expanded by Obama. A judge blocked commercial fishing in the area in August.

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This story has been corrected to say that President Donald Trump’s declaration on reopening protected parts of the Atlantic Ocean to commercial fishing was a proclamation, not an executive order.

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The Dictatorship

Energy chief says coal plant orders helped during winter storm

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Energy chief says coal plant orders helped during winter storm

WASHINGTON (AP) — The Trump administration said Friday that its use of emergency orders to keep aging coal-fired plants operating helped prevent a major blackout from power shortages during the brutally frigid weather that has gripped most of America for the past two weeks.

Scattered outages occurred because of ice accumulation that felled local power lines, leaving hundreds of thousands without power, at least briefly. But the nation’s regional power grids generally maintained reliable electricity service, with natural gas and coal leading the way, Energy Secretary Chris Wright and other officials said.

“The big picture story is where we actually got energy from during this storm,” Wright said at a news conference at the Energy Department. “In fact, we had times where our existing capacity couldn’t deliver anything and the lights would have gone out if not for emergency orders.’’

Critics said Wright’s comments understated the role that wind and solar power played during the storm, adding that the administration’s orders over the past nine months to keep some oil and coal-fired plants open past their planned retirement dates could cost U.S. utility customers billions of dollars over the next few years.

In the lead-up to the storm and cold temperatures, Wright also excused utilities from pollution limits on fossil fuel-fired plants and ordered that backup generators at data centers and other large facilities be available to grid operators and utilities to supply emergency power.

Trump administration’s ‘way of doing business’

Deputy Energy Secretary James Danly drew a contrast with the grid performance during a similar severe storm in 2021, calling the Trump administration’s approach a “new way of doing business” during power emergencies.

“The bottom line here is that we managed to ensure that there was sufficient capacity,” Danly said. “Not one area had a blackout or a forced outage due to loss of capacity.”

There were nearly 1 million outages during the storm’s peak, but most were not long-lasting, Danly said. Nearly 55,000 customers were without power as of Friday, including more than 17,000 in Mississippi and 7,000 in Texas, according to the outage tracking website poweroutage.us.

Wright cited statistics showing that natural gas — long the nation’s leading source of electricity — provided 43% of electric power at peak generation during the storm, followed by coal at 24% and nuclear at 15%. Renewables such as wind, solar and hydropower provided a combined 14%, Wright said.

Wright and President Donald Trump have frequently made the case for their fossil fuel-friendly orders, blaming the Biden administration and Democratic-leaning states for policies they say threaten the reliability of the nation’s electric grid and drive up electricity bills.

The proportion of coal and natural gas power rose substantially during the storm, while the proportion of wind power used during the storm dropped by 40%, Wright said. Solar stayed flat at a fraction of the amount of coal and natural gas power.

Wright dismissed solar as “meaningless” during a severe storm in certain regions and said, “It’s not an all-weather power source.”

Pushback on orders to keep coal plants running

Some state and utility officials have chafed at Wright’s orders to keep plants operating, saying they’re not necessary for emergency power and are simply raising electric bills for regular ratepayers to keep relatively expensive plants operating.

Preventing the nation’s coal plants from retiring over the next three years could cost consumers at least $3 billion per year, according to a report from Grid Strategies, a consulting firm.

“A lot of these plants were retiring because they’re no longer economic to operate,” said Michael Goggin, an executive vice president at Grid Strategies. “It’s expensive to keep them going.”

Opponents have challenged the coal orders in court, arguing that Congress intended for emergency powers to be used only in rare, temporary cases.

The nonprofit owners of the Craig Generating Station in Colorado, the Tri-State Generation and Transmission Association and Platte River Power Authority, last week filed a protest with the Energy Department seeking to reverse Wright’s order to keep its Unit 1 operating. The Dec. 30 order came one day before it was to shut down.

In its request for a rehearing, the nonprofits said its members and communities were unfairly being forced to pay to keep a costly and unreliable plant operating and that the department didn’t even comply with the law requiring it to show why this was the best alternative. They also said the department’s order unfairly punished them for the mistakes of other utilities.

Wright brushed off the criticism, saying there would be “far larger costs from blackouts.”

Solar and wind said to save consumers ‘billions’

Clean energy advocates said that renewable sources saved consumers billions during the storm and helped ensure the lights stayed on, especially in regions that have significant investments in wind, solar, and energy storage.

In Texas, wind, solar and storage provided about 25% of power for the grid’s 27 million customers — a major increase over 2021 and a key reason blackouts were largely avoided, said John Hensley, a senior vice president at the American Clean Power Association, an industry group.

Wind and solar also accounted for significant power in the Midwest and Southwest, Hensley said. In the mid-Atlantic region served by grid operator PJM, only 5% of power came from wind and solar generation, a fact Hensley blamed on lack of investment in renewables in the region, as well as hostility by the Trump administration to new wind and solar power.

Blaming renewables for not performing during the storm “is like trying to blame someone on the bench for losing the game,” Hensley said. “They didn’t get a chance” to play.

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