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Erin Fitzgerald, efitzgerald@earthjustice.org
Today, a coalition of civil rights and environmental groups represented by Earthjustice sued the EPA for failing to protect children's health and the safety of the drinking water of millions of people. The lawsuit comes as the Environmental Protection Agency (EPA) published the final -- but flawed --Lead and Copper Rule Revisions in the Federal Register.
The lawsuit comes a day after ex-governor Rick Snyder and eight other former Michigan officials were chard for the 2014 Flint water crisis.
The Lead and Copper rule, or LCR, regulates the control and monitoring of lead in drinking water. These revisions dramatically slow down the rate at with lead pipes are required to be replaced. The new rule also allows small public water systems required to replace lead service lines to avoid replacing them altogether, even if those systems continually exceed the lead action level.
The NAACP, United Parents Against Lead, Newburgh Clean Water Project, and the Sierra Club are the groups challenging the revised rule. They are calling on the Biden administration to immediately start a new rulemaking process that follows the law, science and principles of environmental justice. The Natural Resources Defense Council filed a similar but separate lawsuit.
"These revisions ensure that generations of children will continue to be poisoned by lead-tainted water," said Queen Zakia Shabazz, executive director of United Parents Against Lead, a nonprofit from Richmond, Virginia. "Lead poisoned children grow up to be lead poisoned adults. It's past time for the EPA to revise the Lead and Copper Rule in favor of children's health and stop childhood lead poisoning once and for all."
Most of the lead found in drinking water comes from lead service lines, according to the EPA. Lead service lines naturally corrode when water flows through them. EPA estimates there are as many as 10 million lead service lines in the country, and researchers estimate lead pipes serve as many as 22 million people. Communities of color are disproportionately affected. A study by the Centers for Disease Control and Prevention found that 11.2 percent of African American children and 4 percent of Mexican American children are poisoned by lead.
Still, EPA's new lead rule requires water systems to replace only three percent of lead service lines annually after certain lead action level exceedances, in contrast to the seven percent rate in the former rule.
"This rule is a major disappointment," said Suzanne Novak, Earthjustice attorney. "Communities exposed to dangerous levels of lead in water expected the new rule to focus on removing lead pipes from the ground, the actual remedy to keep families safe. Instead, the new rule took a huge step backwards by slowing down the replacement rate of lead service lines. The Trump administration is failing the country once again, this time as it walks out the door. Children will continue to be poisoned, with no end in sight."
There is no safe level of lead exposure for children, according to the Centers for Disease Control and Prevention. Even in small amounts, lead can cause irreversible brain damage in children, learning disabilities, and impaired hearing.
"EPA had the opportunity to instate a lead rule that would truly protect families, especially children. Instead, it's putting our most vulnerable at risk, exposing them to serious irreversible brain and nervous system development issues, and potentially life-long learning and behavioral challenges," says Gabrielle Hill of the Newburgh Clean Water Project, a Hudson Valley New York community organization. "EPA must act on the health data and take appropriate action to protect the future of communities like ours, which have experienced multiple toxic exposures."
"Lead in water is still a major problem for families and their children all over the country. Yet EPA today finalized a lead rule that doctors and scientists say falls short," said Dalal Aboulhosn, Sierra Club Deputy Director of Policy Advocacy and Legal. "If this EPA is serious about stopping children from drinking lead-tainted water, then it can't slow down the rate at which lead pipes are required to be replaced."
Groups say the Biden administration must hold required public hearings in affected communities; and put out a rule that includes a maximum contaminant level for lead, monitor and control for lead using best scientific practices, publicize the constant risk of exposure to lead in water and the limitations of the LCR, and require the expedited removal of all lead service lines across the country. They are also calling on Congress to prioritize full lead service line replacement by water utilities in infrastructure packages and other legislation to ensure that disadvantaged, low-income communities don't foot the bill for contaminated water.
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
800-584-6460"By moving special education from the Department of Education to the Department of Health and Human Services, the administration is taking us back to a dark period in American history."
The Trump administration accelerated its assault on the US Education Department on Tuesday by announcing that the agency's work defending civil rights and students with disabilities will be placed under the authority of other federal departments, a move that teachers, Democratic lawmakers, and advocacy organizations condemned as illegal and disastrous for vulnerable children.
Linda McMahon, the billionaire education secretary who has enthusiastically advanced the destruction of her own agency, announced the transfer of the Office of Special Education and Rehabilitative Services—which oversees the Individuals With Disabilities Education Act (IDEA)—to the US Department of Health and Human Services, headed by Robert F. Kennedy Jr. Additionally, the Justice Department will oversee the work of the Education Department's Office for Civil Rights, McMahon said, claiming the changes would "break down the bureaucratic barriers and strengthen the coordination of resources to improve programs that serve infants, toddlers, children, and adults."
Critics argued the moves would do the opposite, scattering crucial programs across departments that lack the expertise and resources to fulfill the education offices' mandates, ultimately depriving children and their families of support.
“Moving IDEA out of the Department of Education is not an administrative adjustment—it is an attack on the educational and civil rights foundation of the law," said Becky Pringle, president of the National Education Association. "It would drag us backward by treating disability as a medical issue instead of an educational right and by unraveling decades of progress. The Department of Education is the only federal agency with the expertise, infrastructure, and specialists needed to protect students’ rights and ensure they receive the services they are guaranteed."
"Relocating the Office for Civil Rights to the Department of Justice as part of this scheme would further erode federal oversight and endanger disability-rights enforcement nationwide," Pringle added.
The Arc of the United States, a nonprofit that advocates for the rights of people with intellectual and developmental disabilities, said that "moving special education to HHS and civil rights enforcement to DOJ would split apart the offices responsible for making disability rights real in schools, leaving families chasing answers across the federal government instead of getting accountability from one education agency."
"Moving IDEA oversight into HHS pushes students with disabilities toward a medical model, where disability is treated as a diagnosis to manage instead of a natural part of human life," said Katy Neas, the group's CEO. "When that mindset drives education decisions, students are more likely to be segregated, underestimated, or treated as separate from the school community."
"It’s an outrageous betrayal that undoes decades of hard-won progress for students."
The changes that McMahon announced Tuesday are part of the Trump administration's effort to completely dismantle the Education Department, which cannot be legally abolished without congressional approval. The Washington Post noted that the newly targeted offices were among the last Education Department segments to "outsource major functions," underscoring that the administration's assault "has advanced far more than most observers predicted would be possible."
In addition to displacing agency functions, the Trump administration has gutted the Education Department's staff, firing nearly half of its workers in what opponents say is an obvious effort to decimate public education.
Rep. Rosa DeLauro (D-Conn.), the top Democrat on the House Appropriations Committee, said the transfer of critical functions out of the Education Department is unlawful, "usurping the power of the purse while the Republican majority stands idly by, forfeiting their authority as a co-equal branch of government." DeLauro pointed to language in a 2026 appropriations measure enacted earlier this year that prohibits the Education Department from transferring responsibilities to other federal agencies without congressional approval.
“This is a disgraceful violation of the law," DeLauro said Tuesday. "By moving special education from the Department of Education to the Department of Health and Human Services, the administration is taking us back to a dark period in American history. One where individuals with disabilities were viewed not as whole persons deserving of an education, but as medical patients whose education is not a priority."
The top Democratic appropriator in the Senate, Patty Murray of Washington, warned that "the Trump administration is abandoning kids with disabilities and its most basic legal responsibility to protect the rights of every student in the classroom."
"Instead of helping kids get a great education, this administration is spending its time, energy, and taxpayer resources fixated on where employees sit and illegally trying to shutter the Department of Education," said Murray. "It’s an outrageous betrayal that undoes decades of hard-won progress for students."
"It’s time to put people before the Pentagon and make major cuts to Trump’s bloated and wasteful defense spending," said Sen. Ed Markey, who introduced the bill.
Democratic US Sen. Ed Markey of Massachusetts took aim Monday at President Donald Trump's illegal war of choice on Iran and request for a record $1.5 trillion in total military-related spending authorization by introducing legislation that would cap the Pentagon budget at half that amount.
Markey introduced the Slash the Pentagon Act at a Capitol Hill press conference that took place "as Americans struggle to pay for healthcare, rent, electricity, groceries, and gas, while Trump has spent over $100 billion on his expensive, dangerous, and unnecessary war with Iran."
“Instead of funding Medicaid and education or investing in veterans’ care, Republicans want to pad the pockets of gold-plated defense contractors with billions more dollars for weapons and wars we do not need,” Markey said at the press conference.
“Just before SpaceX’s IPO made Elon Musk a trillionaire, Trump gave SpaceX billions in contracts for his expensive and ineffective ‘Golden Dome’ system," Markey continued. "Coincidence? No, corruption."
"It’s time to put people before the Pentagon and make major cuts to Trump’s bloated and wasteful defense spending," the senator added. "We should invest in our hospitals, schools, affordable housing, and the real security American families need right now—not expensive wars and weapons that make us less safe.”
Markey's bill comes just days after the Senate Armed Services Committee voted 18-9 to advance the $1.15 trillion National Defense Authorization Act (NDAA) for fiscal year 2027, and the House Appropriations Defense Subcommittee approved the Fiscal Year 2027 Defense Appropriations Bill during a closed-door markup. The House bill provides $1.072 trillion for the Pentagon and other military-related activities, a $234 billion increase from this year’s enacted level.
The Trump administration’s broader national security proposal requests nearly $1.5 trillion in total defense-related spending for 2027, which includes $350 billion in supplemental funding for munitions production, shipbuilding, missile defense, drones, artificial intelligence, and other long-term military programs.
During his press conference, Markey highlighted "better ways to use a $750 billion cut from Trump’s $1.5 trillion military budget":
“For decades we’ve been told there is always enough money for weapons and war but never enough for the challenges our communities face day to day,” said Shayna Lewis, deputy director of Win Without War.
“Now, as families grapple with rising costs, President Trump is demanding an unthinkable $1.5 trillion Pentagon budget—all while brushing aside the concerns and struggles of the American people," Lewis added. "Thankfully, a growing coalition of lawmakers is listening, and gearing up to bring spending back into line with people’s needs.”
"A 1-year-old child is dead because police officers in Mississippi opened fire on a car in a crowded Walmart parking lot," said attorney Ben Crump.
Relatives of a toddler shot dead on Sunday by police in rural Mississippi are demanding answers and accountability.
"I don’t know anything right now," Carlos Haynes told Memphis channel WMC. "My grandson gone. I just want justice."
Carolyn Sokes, the slain toddler's great-grandmother, said: "The police department not telling us anything. They removed the baby's body without anybody seeing it. All we know is that a car was shot up and a 1-year-old baby was killed, and then nobody tells us anything, like we're not anybody."
One-year-old Kohen Wiley, who was being held by his mother in the front passenger seat while his aunt was behind the wheel, was shot and killed by police in Senatobia, 40 miles south of Memphis, during an incident in a Walmart parking lot. The baby's aunt was also shot and critically injured.
Cellphone video footage obtained by Fox 13 Memphis shows a vehicle driving away from officers, but does not appear to capture the moment of the shooting. A photo of the car shows bullet holes in the windshield.
An eyewitness told WREG that “I seen the officers take off running, not in the car, I’m talking about on feet."
“They’re running through the parking lot and I see the car take off, you know, so in my head, I’m like, I know they’re not chasing the car, they don’t think they’re going to catch the car. Then I hear gunshots, and I’m like, I know they’re not shooting at a car that’s leaving in public; this is Walmart."
Another witness said that he heard two gunshots fired by officers who were already waiting in the Walmart parking lot as the two women left the store holding a box of diapers and the baby.
According to the Mississippi Department of Public Safety (DPS):
Law enforcement officers responded to a shoplifting call at Walmart on US 51. Upon arrival, officers encountered two subjects and a juvenile child fleeing from the store into a vehicle. Officers attempted to stop the vehicle, but the driver drove in the direction of the officers, almost striking one. An officer then discharged their weapon and the vehicle fled the scene. The subjects arrived at a local hospital where one juvenile child in the vehicle was pronounced deceased, and another subject had critical injuries. No law enforcement officers received any serious physical injury.
The responding law enforcement agencies—the Senatobia Police Department (SPD) and Tate County Sheriff's Office (TCSO)—have yet to release the names of the involved officers or any video footage of the incident.
TCSO said deputies were in the area investigating an unrelated matter when their assistance was requested. On Monday, Tate County Sheriff Luke Shepherd declined to comment about the shooting, including whether anyone had been charged, citing pending investigations, according to Mississippi Today.
SPD issued a statement saying it is "committed to full transparency" and "will share as much information as possible" with the public.
Walmart said in a written statement, “We’re saddened by what took place at our Senatobia, MS store."
Relatives of the slain toddler said his mother and aunt were not shoplifting and expressed wariness about local police, who have been embroiled in multiple brutality scandals involving Black victims in recent years.
“Senatobia Police Department get away with too much stuff,” Stokes, the great-grandmother, told WREG. “I hear about it all the time, it’s in the news all the time."
Licole Wiley, the child’s grandmother and the sister of the critically injured woman, lamented that the toddler died "allegedly over some Pampers."
"Whatever the incident may have come to, it still didn’t need for you to shoot two adults and a baby that was not even a threat to you," she added.
Another one of the child's grandmothers, Lasandra Williams, said that “everybody that was involved needs to be held accountable."
"I’m not giving up until I get justice,” she added. “Justice will be served. If it has anything to do with me, it will be served.”
Mississippi Today reported Tuesday that Wiley's relatives have hired national civil rights attorney Ben Crump.
"A 1-year-old child is dead because police officers in Mississippi opened fire on a car in a crowded Walmart parking lot," Crump said in a statement. "Kohen Wiley was a baby. His mother, who has not been charged with any crime, says she was trying to communicate to officers that there was a baby in the car. They fired anyway, leading to the death of an innocent 1-year-old. We intend to seek justice for baby Kohen and the life that was stolen from him.”