Monday, November 13, 2017

See you in court: A running tally of the times Washington has sued the Trump administration

Posted By on Mon, Nov 13, 2017 at 10:12 AM

click to enlarge Attorney General Bob Ferguson hasn't sued Donald Trump over weed... yet. - CALEB WALSH ILLUSTRATION
  • Caleb Walsh illustration
  • Attorney General Bob Ferguson hasn't sued Donald Trump over weed... yet.

It's been one year.

Even in that relatively short amount of time, it's difficult to keep up with the daily — at times hourly — stream of gaffes, bungles, leaks, tweets and reversals in Obama-era policies pouring out of the Trump administration.

In an attempt to track the pieces of Trump-related news most relevant to Washington state, we're keeping a running tally of each time Washington State Attorney General Bob Ferguson sues the Trump administration.

We're at 24 so far;  some of which were initiated by Ferguson's office and others where he's joined lawsuits filed in other states.

In May, the Boston Globe reported that Trump had been sued 134 times since his inauguration — "nearly three times the number of his three predecessors in their early months combined."

Washington's challenges run the gamut including the travel ban (versions 1, 2 and 3), the transgender military ban and attempts to roll back environmental protections.

Also making appearances: ceiling fans, portable air conditioners, the ozone layer, greenhouse gases, birth control and student loans.

Here we go:

1) The original travel ban lawsuit, Jan. 30, 2017
Lawsuit: Washington v. Trump filed less than one month into Trump's presidency and challenged the constitutionality of the president's executive order on immigration. The order would have temporarily restricted entry into the United States for citizens of seven Muslim-majority countries, as well as bans on refugees.
Outcome: Judge James Robart's decision to temporarily stop Trump's executive order from taking effect was upheld by the Ninth Circuit Court of Appeals in February. Rather than appeal to the U.S. Supreme Court, the Trump administration retracted the order.
Other states involved: Minnesota, California, Maryland, Massachusetts, New York and Oregon.


2) The second travel ban lawsuit, March 15, 2017
Lawsuit:
Washington v. Trump (revised) challenged Trump's revised travel ban, which sought to block citizens of six (instead of seven) Muslim-majority countries from entering the U.S. Iraq was the only country removed from the original ban, the New York Times reported.
Outcome: Judge James Robart did not rule on Washington state's attempts to block the second travel ban because judges in Maryland and Hawaii had already done so.
Other states involved: California, Maryland, Massachusetts, New York and Oregon.


3) The ceiling-fans lawsuit, March 31, 2017

Lawsuit: New York v. Rick Perry and the U.S. Department of Energy challenges the "unlawful delay in implementing new energy efficiency rules for ceiling fans," according to the Washington State Attorney General's website. Those rules are estimated to reduce energy consumption and save consumers between $4.5 billion and $12.1 billion.
Outcome: The DOE back tracked and announced that the rules would go into effect, the AG's website says.
Other states involved: New York, Connecticut, Hawaii, Massachusetts, Oregon, Vermont and the District of Columbia.


4) The coal leasing on public lands lawsuit, May 9, 2017
Lawsuit:
California v. Ryan Zinke, et al. challenges Zinke's decision to reopen a program to lease coal-mining rights on public land without studying potential environmental impacts.
Outcome: Pending
Other states involved: California, New Mexico and New York.


5) The walk-in coolers, freezers and portable air conditioners lawsuit, June 13, 2017
Lawsuit:
California v. Perry and the U.S. Department of Energy claims that the Trump's DOE is illegally delaying the publishing of new energy efficiency standards for appliances and industrial equipment such as walk-in coolers, portable air conditioners and air compressors. The standards could reduce carbon dioxide emissions by more than 26 million metric tons per year and save $24 billion throughout the next 30 years, the lawsuit claims.
Outcome: Pending
Other states involved: California, New York (state and city), Connecticut, Illinois, Maine, Maryland, Massachusetts, Oregon, Pennsylvania and Vermont.


6) The emissions and new oil and gas facilities lawsuit, June 20, 2017
Lawsuit:
Clean Air Council v. U.S. Environmental Protection Agency challenges the EPA's delay in implementing regulations for emissions and new oil and gas facilities.
Outcome: The D.C. Circuit Court of Appeals decided in July that the EPA's delay violated the Clean Air Act.
Other states involved: California, Massachusetts, Pennsylvania, Connecticut, Delaware, Illinois, Iowa, Maryland, New Mexico, New York, Oregon, Rhode Island, Vermont and the District of Columbia.


7) The pesticides lawsuit, July 6, 2017
Lawsuit: League of United Latin American Citizens v. Pruitt and the EPA was initiated by the state of New York, and joined later by Washington and other states. The lawsuit seeks to force EPA chief Pruitt to continue studying the neurotoxic pesticide chlorpyrifos, in order to determine whether the pesticide is safe for continued use. "President Trump's EPA is willfully ignoring scientific evidence that chlorpyrifos is harmful to human health," Ferguson said in a news release. "Washington consumers, farmworkers and farm operators deserve an administration that respects science and cares about the risks to their health."
Outcome: Pending
Other states involved: New York, Maryland, Vermont, Massachusetts and the District of Columbia.


8) The student loan abuse lawsuit, July 6, 2017
Lawsuit: Massachusetts v. Betsy DeVos and the U.S. Department of Education was filed in response to Secretary of Education Betsy DeVos' announcement that the DOE would indefinitely suspend a rule, known as the "borrower defense rule," designed to protect students from predatory loan practices of for-profit colleges. "The rule was designed to ensure 'that students who are lied to and mistreated by their school get the relief they are owed, and that schools that harm students are held responsible for their behavior,'" according to the lawsuit.
Outcome: Pending
Other states involved: Massachusetts, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and the District of Columbia.


9) The chemical disaster lawsuit, July 24, 2017
Lawsuit: New York v. Scott Pruitt claims that the EPA chief Pruitt illegally delayed implementation of a rule for "Congressionally-mandated protections against explosives, fires, poisonous gas releases and other accidents at more than 12,000 facilities across the country," according to a news release from the AG's office in New York.
Outcome: Pending
Other states involved: New York, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, Oregon, Rhode Island and Vermont.


10) The ozone standards lawsuit, Aug. 1, 2017
Lawsuit:
New York v. U.S. Environmental Protection Agency challenged EPA chief Scott Pruitt's announcement that the agency would delay Obama-era standards for ground-level ozone.
Outcome: One day after Washington and 15 other states sued the EPA, agency chief Scott Pruitt withdrew his decision to delay implementation of the rules, the Associated Press reported.
Other states involved: New York, California, Connecticut, Delaware, Illinois Iowa, Maine, Minnesota, New Mexico, Oregon, Rhode Island, Vermont, Massachusetts, Pennsylvania and the District of Columbia.


11) The DACA lawsuit, Sept. 6, 2017
Lawsuit: New York et al. v. Donald Trump et al. challenges Trump's decision to end the Obama-era program that protected immigrants, who came to the U.S. illegally as children, from deportation. The Deferred Action for Childhood Arrivals (DACA) program has protected an estimated 800,000 people across the country, including about 18,000 people in Washington state.
Outcome: Pending with a scheduled hearing for Jan. 18, 2018.
Other states involved: New York, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and the District of Columbia.


12) The vehicle emissions lawsuit, Sept. 20, 2017
Lawsuit: California et al. v. U.S. Department of Transportation claims that the DOT illegally delayed and suspended a rule that requires states to measure greenhouse gases emitted by vehicles, and sets targets for reducing those emissions.
Outcome: The Federal Highway Administration backed off and said the rules would go into effect "pending a procedurally valid repeal."
Other states involved: California, Iowa, Maryland, Massachusetts, Minnesota, Oregon and Vermont.


13) The transgender military ban lawsuit, Sept. 25, 2017
Lawsuit: Karnoski, et al. v. Donald Trump et al., accuses Trump of violating the constitutional rights of transgender people, when, in a series of tweets this summer he announced that that they would not be allowed to serve in the nation's military. The original lawsuit was filed in August in the U.S. District Court in Seattle, about a month after Trump's tweets. Ferguson's office signed on in September.
Outcome: U.S. District Court Judge Marsha Pechman temporarily suspended Trump's ban on openly transgender people in the U.S. military.

"The court finds that the policy prohibiting openly transgender individuals from serving in the military is likely unconstitutional," Pechman's ruling says.

Pechman also determined that the ban causes irreparable damage to Washington state — home to about 45,000 active duty service members and about 32,850 transgender people.

"Washington state contends that the prohibition implicates its interest in maintaining and enforcing its anti-discrimination laws, protecting its residents from discrimination and ensuring that employment and advancement opportunities are not unlawfully restricted based on transgender status. The court agrees."

Similar lawsuits in other jurisdictions have also seen movement.

In October, a federal judge in Washington, D.C., temporarily blocked the ban on transgender military service members. Judge Colleen Kollar-Kotelly wrote: "There is absolutely no support for the claim that the ongoing service of transgender people would have any negative effective on the military at all. In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects."

And last week, another federal judge in Baltimore said the ban stigmatizes an entire group of people and is likely already having a negative impact on those currently serving.
Other states involved: N/A


14) The contraception access lawsuit, Oct. 9, 2017
Lawsuit:
Washington v. Donald Trump challenges Trump's new rules that would allow businesses to deny medical coverage for contraceptives based on religious grounds. Some organizations could also deny coverage for moral reasons.
Outcome: Pending
Other states involved: N/A


15) The third travel ban lawsuit, Oct. 11, 2017

Lawsuit: Washington v. Donald Trump challenges Trump's third attempt to restrict who can enter the country. This version indefinitely halts travel from six Muslim-majority countries, among other restrictions.
Outcome: Pending
Other states involved: California, Maryland, Massachusetts, New York and Oregon.


16) The out-of-pocket healthcare cost lawsuit, Oct. 14, 2017
Lawsuit: California, et al. v. Donald Trump challenges Trump's decision to stop making Obama-era subsidy payments for healthcare. "The Trump administration's action will increase the premiums of 100,000 Washingtonians by as much as 28 percent," the Washington AG's website says. The subsidies reduce out-of-pocket healthcare costs for low-income people.
Outcome: A judge in California refused to force the Trump administration to reinstate the subsidies, the Los Angeles Times reported. Judge Vince Chhabria rejected the states' argument, saying other states have been preparing for the subsidies to disappear.
Other states involved: California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and the District of Columbia.


17) The gainful employment lawsuit, Oct. 17, 2017
Lawsuit: Maryland, et al. v. U.S. Department of Education accuses the DOE of illegally delaying the "gainful employment rule," designed to prevent colleges from "offering worthless degrees and leaving their graduates with high levels of debt," the Washington AG's website states.
Outcome: Pending
Other states involved: Maryland, Pennsylvania, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Massachusetts, Minnesota, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia and the District of Columbia.


18) The immigration enforcement information lawsuit, Oct. 17, 2017
Lawsuit:
Massachusetts et al. v. U.S. Department of Homeland Security claims that immigration authorities have failed to disclose information on immigration enforcement requested through the Freedom of Information Act. The suit is asking a judge to compel the release of that information.
Outcome: Pending
Other states involved: California, Hawaii, Iowa, Illinois, Maryland, Massachusetts, New York, Oregon, Washington and the District of Columbia


19) The ground level ozone lawsuit, Dec. 5, 2017
Lawsuit:
California, et al. v. Scott Pruitt and the EPA claims that the EPA is violating the Clean Air Act by delaying regulations on ground level ozone, which has been found to cause asthma and other respiratory problems. In 2015, the EPA said the regulations' public health benefit would be worth between $2.9 and $5.9 billion, according to a press release from the AG's office.
Outcome: Pending
Other states involved: California, New York, Connecticut, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Oregon, Pennsylvania, Rhode Island, Vermont and the District of Columbia.

20) The records request lawsuit, Jan. 31, 2018
Lawsuit:
Washington v. Federal Energy Regulatory Commission claims that the FERC has failed to respond to the Washington AG's request for email and other communication among commissioners.

The request pertains to communication "during a tumultuous time at FERC, including periods in which the Commission failed to have a quorum, failed to hold any public meetings and considered a proposal from the Department of Energy that would have upended the energy markets."
Outcome: Pending
Other states involved: None

21) The Clean Water Act lawsuit, Feb. 6, 2018
Lawsuit:
New York v. Scott Pruitt is an attempt to prevent the EPA from suspending what's known as the "waters of the United States" rule that provides direction for which waters qualify for protection under the Clean Water Act.
Outcome: Pending
Other states involved: California, New York, Connecticut, Maryland, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont and the District of Columbia.

22) The net neutrality lawsuit, Feb. 22, 2018
Lawsuit:
New York et al v. Federal Communications Commission challenges the FCC's decision to repeal Obama-era rules that prevent internet service providers from manipulating internet speeds.
Outcome: Pending
Other states involved: California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and the District of Columbia.

23) The citizenship census question lawsuit, April 3, 2018
Lawsuit:
New York et al v. U.S. Department of Commerce seeks to block the inclusion of a citizenship question on the 2020 U.S. Census. According to the Census Bureau's own research, the lawsuit says, asking people to volunteer their citizenship status will diminish the number of people willing to participate.

The undercount will "adversely impact congressional representation and jeopardize some of the billions of dollars in federal funding allocated based on Census data," the suit argues.
Outcome: Pending
Other states involved: Connecticut, Delaware, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and the District of Columbia.
Local entities involved: Chicago, New York City, Philadelphia, Providence, Seattle, San Francisco and the United States Conference of Mayors.

24) The oil and gas emissions lawsuit, April 5, 2018
Lawsuit:
New York et al v. Scott Pruitt and the Environmental Protection Agency claims that EPA head Pruitt is illegally delaying implementation of emissions rules for gas and oil facilities.

"The rule provides important protections for Washington's residents against the release of methane, a powerful greenhouse gas that has more than 80 times the global warming potential of carbon dioxide," according to the Washington State AG's website.
Outcome: Pending
Other states involved: California, Connecticut, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, the District of Columbia and the City of Chicago.
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