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December 5th, 2022:

Uvalde class action lawsuit over mass shooting officially filed

We’ve been waiting for this.

Survivors of the fatal mass shooting at Robb Elementary School in Uvalde, Texas, have filed a $27 billion class action lawsuit against multiple law enforcement agencies in Texas, according to court documents.

The lawsuit, filed Tuesday in federal court in Austin, names the city, the Uvalde Consolidated Independent School District, the school district’s police department, the Uvalde Police Department, the Texas Department of Public Safety and a number of persons who are members or former members of the agencies listed as defendants.

The plaintiffs include parents and teachers and school staff members who were at the school May 24 when 19 students and two teachers were gunned down in adjoining classrooms just a few days before school was to let out for the summer. At least 17 others were wounded.

A total of 376 law enforcement officers from multiple agencies responded to the massacre, the second deadliest shooting on a K-12 school in the United States.

Officers waited 77 minutes after the shooter entered two adjoining classrooms before storming in and killing the gunman, an 18-year-old Uvalde resident.

The lawsuit alleges the victims and survivors “sustained emotional and psychological damages as a result of Defendants’ conduct and omissions” as a result of the shooting.

According to the lawsuit, despite active shooter training, law enforcement “fundamentally strayed from conducting themselves in conformity with what they knew to be the well-established protocols and standards for responding to an active shooter.”

The lawsuit went on to reference the dysfunction and extended time period law enforcement took to respond to the shooting.

“Instead of swiftly implementing an organized and concerted response to an active school shooter who had breached the otherwise ‘secured’ school buildings at Robb Elementary school, the conduct of the three hundred and seventy-six (376) law enforcement officials who were on hand for the exhaustively torturous seventy-seven minutes of law enforcement indecision, dysfunction, and harm, fell exceedingly short of their duty bound standards,” the suit claims.

[…]

The civil complaint is one of several around the massacre that seeks damages from a number of parties. One federal lawsuit filed earlier this week alleges nearly two dozen people and entities, including the gun manufacturer and store that provided the rifle used in the attack, were negligent and failed to protect a student who was killed. Other families filed a similar lawsuit in September.

See here and here for the background on this class action lawsuit, which we first heard about in August. As the story notes, there are separate lawsuits filed in September and earlier this week by different plaintiffs, mostly against the same defendants. As I’ve said before, I don’t know what the odds of success are – I’m more pessimistic than optimistic, but will be delighted to be proven wrong. I’ll be rooting for them regardless. NPR, Reuters, and KENS5 have more.

The environmental attack on abortion

It’s ridiculous.

Abortion opponents and their allies in elected office are seizing on an unusual strategy after suffering a wave of election defeats — using environmental laws to try to block the distribution of abortion pills.

The new approach comes as the pills mifepristone and misoprostol, which people can take at home during the first 10 weeks of pregnancy, have become the most common method of abortion in the U.S. and virtually the only option for millions of people in states with laws that have forced clinics to close since the fall of Roe v. Wade.

The first salvo started last week with a petition asking the Food and Drug Administration to require any doctor who prescribes the pills to be responsible for disposing of the fetal tissue — which anti-abortion advocates want to be bagged and treated as medical waste rather than flushed down the toilet and into the wastewater.

If the FDA ignores or rejects the petition, as is expected, the group Students for Life of America plans to sue.

The new push is the culmination of years of brainstorming around how to restrict access to the pills — particularly since their use surged following the outbreak of Covid-19 and the FDA’s ruling in 2021 that they are safe to take at home without a doctor present.

[…]

With Leonard Leo, the Federalist Society president who has been influential in putting more conservative judges on the bench, co-chairing its board and the conservative legal powerhouse Alliance Defending Freedom, whose attorneys helped draft and defend the Mississippi anti-abortion law that eventually toppled Roe v. Wade, advising them on the campaign, Students for Life is also pushing conservative state attorneys general to bring enforcement actions against doctors and abortion pill manufacturers, and is planning a tour of college campuses to advocate on the issue.

Should they prevail in any jurisdiction, the rules would be so burdensome that use of the drugs could be effectively cut off, several groups representing abortion providers told POLITICO. And even if they are unsuccessful in court, the effort aims to sway public opinion at a time voters have become increasingly accepting of abortions early in pregnancy.

“It’s hard for me to imagine even a Trump-friendly judge going for an argument about wastewater regulation, but you never know. Anytime you deal with abortion, judges get weird,” said Mary Ziegler, a law professor at the University of California, Davis and author of “Abortion and the Law in America.” “And we know that the more the anti-abortion movement can get people to think about fetal remains and other concrete details about what abortion entails, the more uncomfortable Americans become. So, it could be helpful for them even if it doesn’t go anywhere legally.”

The group’s FDA petition argues that the high number of people using pills to terminate pregnancies at home and flushing fetal remains down the toilet — which has increased in part due to the same group’s efforts to overturn Roe v. Wade and restrict access to surgical abortions — poses risks to the environment.

It claims without direct evidence that trace amounts of the drug in wastewater could threaten livestock and wildlife as well as humans, citing some studies in which the drug was given directly to animals rather than ingested from groundwater, and others where drugs flushed directly down the toilet contaminated the water supply.

“Pharmaceutical contamination of water is a serious issue that can have serious impacts on the environment, but trying to say that one drug out of thousands is having an outsized effect is based on ideology not evidence,” said Nathan Donley, the Environmental Health Science director for the Center for Biological Diversity, who has written citizen petitions to the FDA. “Of all the drugs and synthetic chemicals we shed that can potentially contaminate water, abortifacients are a fraction of a fraction of a percent. It’s nothing.”

Also referenced repeatedly in the petition are studies about the environmental impact of hormonal contraception, leading some experts to ask whether conservative groups will apply the strategy to other drugs in the future.

“It seems like they’re laying the groundwork for considering contraception itself as medical waste,” said Susan Wood, the former FDA assistant commissioner for Women’s Health and a professor of health policy at George Washington University.

The bad faith here is thick enough to blot out the sun, but shame has never been a limiting factor for this crowd. Use of abortion pills is already pretty restricted in Texas so I’m not sure if a bill to impose this kind of requirement is likely in the forthcoming legislative session, but it wouldn’t surprise me. There will be a bill for this in the Republican-controlled US House, which at least should make the campaign case for flipping that chamber back that much easier. This is the world that SCOTUS has forced us to live in. The bad guys are going to keep coming. We can’t let up.

HISD to get funding for electric school buses

Some good news.

Houston Independent School District is hopping on the city’s net-zero carbon emissions bus, so to speak, thanks to more than $6.2 million in funding from the Environmental Protection Agency.

The funds are part of the EPA’s Clean School Bus Program Fiscal Year 2022 rebate competition, which will award nearly $51 million in funds from President Biden’s Bipartisan Infrastructure Law to Texas school districts, and $965 million in total to districts around the country.

Houston’s $6.2 million will go toward 25 new school buses, according to a statement from the EPA. Fifteen of the vehicles will be brand-new electric buses.

[…]

HISD must now submit Payment Request Forms with purchase orders that shows the district has ordered the new buses and eligible infrastructure.

The district is among 13 Texas school districts to receive funding. Dallas ISD, the second largest school district in the state behind HISD, was awarded roughly $7.6 million. Killeen ISD and Socorro ISD received the largest sums among the districts, totaling nearly $9.9 million in funding each.

The first – and last – time I blogged about electric school buses was a decade ago. It’s fair to say this has been a long time coming. There will be another billion dollars in federal funds available for applicants next year as well, so hopefully HISD can bump up that number. Metro has used a different pot of money to get their own electric buses. The more, the better.