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Lawsuits seeking to address climate change have promise but face uncertain future

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Last Updated on May 10, 2025 by Daily News Staff

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Kelsey Juliana, a lead plaintiff in a federal lawsuit over responsibility for climate change, speaks at a 2019 rally in Oregon. AP Photo/Steve Dipaola
Hannah Wiseman, Penn State The U.S. Supreme Court in March 2025 ended a decade-old lawsuit filed by a group of children who sought to hold the federal government responsible for some of the consequences of climate change. But just two months earlier, the justices allowed a similar suit from the city and county of Honolulu, Hawaii, to continue against oil and gas companies. Evidence shows that fossil fuel companies, electric utilities and the federal government have known about climate change, its dangers and its human causes for at least 50 years. But the steps taken by fossil fuel companies, utilities and governments, including the U.S. government, have not been enough to meet international climate targets. So local and state governments and citizens have asked the courts to force companies and public agencies to act. Their results have varied, with limited victories to date. But the cases keep coming.

Attacking the emissions themselves

In general, legal claims in the U.S. can be based on the U.S. and state constitutions, federal and state laws, or what is called “common law” – legal principles created by courts over time. Lawsuits have used state and federal laws to try to limit greenhouse gas pollution itself and to seek financial compensation for alleged industry cover-ups of the dangers of fossil fuels, among many other types of claims. In 2007 the U.S. Supreme Court determined that greenhouse gases such as carbon dioxide emitted from motor vehicles were a “pollutant” under the federal Clean Air Act. As a result, the court ordered the Environmental Protection Agency to either determine whether greenhouse gases from new vehicles contribute to climate change, and therefore endanger human health, or justify its refusal to study the issue. In 2009 the EPA found that carbon dioxide emissions did in fact endanger human health – a decision called the “endangerment finding.” In 2010 it imposed limits on carbon dioxide emissions from new vehicles and, later, from newly constructed power plants. But related EPA efforts to regulate emissions from older power plants – the ones that emit the most pollution – failed when challenged in court on the grounds that they went too far in limiting emissions beyond the power plants’ own properties. The Biden administration had finalized a new rule to clean up these older plants, but the Trump administration is now seeking to withdraw it. The Trump administration is also now beginning the complicated process of reviewing the 2009 endangerment finding. It could try to remove the legal basis for EPA greenhouse gas regulations.

A common-law approach

In response to this federal executive seesaw of climate action, some legal claims use a court-based, or common law, approach to address climate concerns. For instance, in Connecticut v. American Electric Power, filed in 2004, nine states asked a federal judge to order power plants to reduce their emissions. The states said those emissions contributed to global warming, which they argued met the federal common law definition of a “public nuisance.” That case ended when the U.S. Supreme Court ruled in 2011 that the existence of a statute – the federal Clean Air Actmeant common law did not apply. Other plaintiffs have tried to use the “public nuisance” claim or a related common-law claim of “trespass” to force large power plants or oil and gas producers to pay climate-related damages. But in those cases, too, courts found that the Clean Air Act overrode the common-law grounds for those claims. With those case outcomes, many plaintiffs have shifted their strategies, focusing more on state courts and seeking to hold the fossil fuel industry responsible for allegedly deceiving the public about the causes and effects of climate change.
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Three examples of petroleum industry advertisements a lawsuit alleges are misleading about the causes of climate change. State of Maine v. BP, Chevron, ExxonMobil, Shell, Sunoco and American Petroleum Insititute

Examining deception

In many cases, state and local governments are arguing that the fossil fuel industry knew about the dangers of climate change and deceived the public about them, and that the industry exaggerated the extent of its investments in energy that doesn’t emit carbon. Rather than directly asking courts to order reduced carbon emissions, these cases tend to seek damages that will help governments cover the costs associated with climate change, such as construction of cooling centers and repair of roads damaged by increased precipitation. In legal terms, the lawsuits are saying oil and gas companies violated consumer-protection laws and committed common-law civil violations such as negligence. For instance, the city of Chicago alleges that major petroleum giants – along with the industry trade association the American Petroleum Institute – had “abundant knowledge” of the public harms of fossil fuels yet “actively campaigned” to hide that information and deceive consumers. Many other complaints by states and local governments make similar allegations. Another lawsuit, from the state of Maine, lists and provides photographs of a litany of internal industry documents showing industry knowledge of the threat of climate change. That lawsuit also cites a 1977 memo from an Exxon employee to Exxon executives, which stated that “current scientific opinion overwhelmingly favors attributing atmospheric carbon dioxide increase to fossil fuel consumption,” and a 1979 internal Exxon memo about the buildup of carbon dioxide emissions, which warned that “(t)he potential problem is great and urgent.” These complaints also show organizations supported by fossil fuel companies published ads as far back as the 1990s, with titles such as “Apocalypse No” and “Who told you the earth was warming … Chicken Little?” Some of these ads – part of a broader campaign – were funded by a group called the Information Council for the Environment, supported by coal producers and electric utilities. Courts have dismissed some of these complaints, finding that federal laws overrule the principles those suits are based on. But many are still winding their way through the courts. In 2023 the Supreme Court of Hawaii found that federal laws do not prevent climate claims based on state common law. In January 2025 the U.S. Supreme Court allowed the case to continue.
Several people sit in a group in a formal setting and speak to each other.
Lead claimant Rikki Held, then 22, confers with lawyers before the beginning of a 2023 Montana trial about young people’s rights in a time of climate change. William Campbell/Getty Images

Other approaches

Still other litigation approaches argue that governments inadequately reviewed the effects of greenhouse gas emissions, or even supported or subsidized those emissions caused by private industry. Those lawsuits – some of which were filed by children, with help from their parents or legal guardians – claim the governments’ actions violated people’s constitutional rights. For instance, children in the Juliana v. United States case, first filed in 2015, said 50 years of petroleum-supporting actions by presidents and various federal agencies had violated their fundamental “right to a climate system capable of sustaining human life.” The 9th U.S. Circuit Court of Appeals ruled that their claim was a “political question” – meant for Congress, not the courts. The U.S. Supreme Court declined to reconsider that ruling in March 2025. But children in Montana found more success. The Montana Constitution requires state officials and all residents to “maintain and improve a clean and healthful environment … for present and future generations.” In 2024 the Montana Supreme Court determined that this provision “includes a stable climate system that sustains human lives and liberties.” The Montana Supreme Court also reviewed a state law banning officials from considering greenhouse gas emissions of projects approved by the state. The court found that the ban violated the state constitution, too. Since then, the Montana Supreme Court has specifically required state officials to review the climate effects of a project for which permits were challenged. Concerned people and groups continue to file climate-related lawsuits across the country and around the world. They are seeing mixed results, but as the cases continue and more are filed, they are drawing attention to potential corporate and government wrongdoing, as well as the human costs of climate change. And they are inspiring shareholders and citizens to demand more accurate information and action from fossil fuel companies and electric utilities.The Conversation Hannah Wiseman, Professor of Law, Penn State This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Forgotten Genius Fridays

Valerie Thomas: NASA Engineer, Inventor, and STEM Trailblazer

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Last Updated on February 10, 2026 by Daily News StaffValerie Thomas

Valerie Thomas is a true pioneer in the world of science and technology. A NASA engineer and physicist, she is best known for inventing the illusion transmitter, a groundbreaking device that creates 3D images using concave mirrors. This invention laid the foundation for modern 3D imaging and virtual reality technologies.

Beyond her inventions, Thomas broke barriers as an African American woman in STEM, mentoring countless young scientists and advocating for diversity in science and engineering. Her work at NASA’s Goddard Space Flight Center helped advance satellite technology and data visualization, making her contributions both innovative and enduring.

In our latest short video, we highlight Valerie Thomas’ remarkable journey—from her early passion for science to her groundbreaking work at NASA. Watch and be inspired by a true STEM pioneer whose legacy continues to shape the future of space and technology.

🎥 Watch the video here: https://youtu.be/P5XTgpcAoHw

Dive into “The Knowledge,” where curiosity meets clarity. This playlist, in collaboration with STMDailyNews.com, is designed for viewers who value historical accuracy and insightful learning. Our short videos, ranging from 30 seconds to a minute and a half, make complex subjects easy to grasp in no time. Covering everything from historical events to contemporary processes and entertainment, “The Knowledge” bridges the past with the present. In a world where information is abundant yet often misused, our series aims to guide you through the noise, preserving vital knowledge and truths that shape our lives today. Perfect for curious minds eager to discover the ‘why’ and ‘how’ of everything around us. Subscribe and join in as we explore the facts that matter.  https://stmdailynews.com/the-knowledge/

Forgotten Genius Fridays

https://stmdailynews.com/the-knowledge-2/forgotten-genius-fridays/

🧠 Forgotten Genius Fridays

A Short-Form Series from The Knowledge by STM Daily News

Every Friday, STM Daily News shines a light on brilliant minds history overlooked.

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Forgotten Genius Fridays is a weekly collection of short videos and articles dedicated to inventors, innovators, scientists, and creators whose impact changed the world—but whose names were often left out of the textbooks.

From life-saving inventions and cultural breakthroughs to game-changing ideas buried by bias, our series digs up the truth behind the minds that mattered.

Each episode of The Knowledge runs 30–90 seconds, designed for curious minds on the go—perfect for YouTube Shorts, TikTok, Reels, and quick reads.

Because remembering these stories isn’t just about the past—it’s about restoring credit where it’s long overdue.

 🔔 New episodes every Friday

📺 Watch now at: stmdailynews.com/the-knowledge

 🧠 Now you know.  

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  • Rod Washington

    Rod: A creative force, blending words, images, and flavors. Blogger, writer, filmmaker, and photographer. Cooking enthusiast with a sci-fi vision. Passionate about his upcoming series and dedicated to TNC Network. Partnered with Rebecca Washington for a shared journey of love and art. View all posts

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The Knowledge

Beneath the Waves: The Global Push to Build Undersea Railways

Undersea railways are transforming transportation, turning oceans from barriers into gateways. Proven by tunnels like the Channel and Seikan, these innovations offer cleaner, reliable connections for passengers and freight. Ongoing projects in China and Europe, alongside future proposals, signal a new era of global mobility beneath the waves.

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Train traveling through underwater tunnel
Trains beneath the ocean are no longer science fiction—they’re already in operation.

For most of modern history, oceans have acted as natural barriers—dividing nations, slowing trade, and shaping how cities grow. But beneath the waves, a quiet transportation revolution is underway. Infrastructure once limited by geography is now being reimagined through undersea railways.

Undersea rail tunnels—like the Channel Tunnel and Japan’s Seikan Tunnel—proved decades ago that trains could reliably travel beneath the ocean floor. Today, new projects are expanding that vision even further.

Around the world, engineers and governments are investing in undersea railways—tunnels that allow high-speed trains to travel beneath oceans and seas. Once considered science fiction, these projects are now operational, under construction, or actively being planned.

image 3

Undersea Rail Is Already a Reality

Japan’s Seikan Tunnel and the Channel Tunnel between the United Kingdom and France proved decades ago that undersea railways are not only possible, but reliable. These tunnels carry passengers and freight beneath the sea every day, reshaping regional connectivity.

Undersea railways are cleaner than short-haul flights, more resilient than bridges, and capable of lasting more than a century. As climate pressures and congestion increase, rail beneath the sea is emerging as a practical solution for future mobility.

What’s Being Built Right Now

China is currently constructing the Jintang Undersea Railway Tunnel as part of the Ningbo–Zhoushan high-speed rail line, while Europe’s Fehmarnbelt Fixed Link will soon connect Denmark and Germany beneath the Baltic Sea. These projects highlight how transportation and technology are converging to solve modern mobility challenges.

The Mega-Projects Still on the Drawing Board

Looking ahead, proposals such as the Helsinki–Tallinn Tunnel and the long-studied Strait of Gibraltar rail tunnel could reshape global affairs by linking regions—and even continents—once separated by water.

Why Undersea Rail Matters

The future of transportation may not rise above the ocean—but run quietly beneath it.


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Special Education Is Turning to AI to Fill Staffing Gaps—But Privacy and Bias Risks Remain

With special education staffing shortages worsening, schools are using AI to draft IEPs, support training, and assist assessments. Experts warn the benefits come with major risks—privacy, bias, and trust.

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Seth King, University of Iowa

With special education staffing shortages worsening, schools are using AI to draft IEPs, support training, and assist assessments. Experts warn the benefits come with major risks—privacy, bias, and trust.
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In special education in the U.S., funding is scarce and personnel shortages are pervasive, leaving many school districts struggling to hire qualified and willing practitioners.

Amid these long-standing challenges, there is rising interest in using artificial intelligence tools to help close some of the gaps that districts currently face and lower labor costs.

Over 7 million children receive federally funded entitlements under the Individuals with Disabilities Education Act, which guarantees students access to instruction tailored to their unique physical and psychological needs, as well as legal processes that allow families to negotiate support. Special education involves a range of professionals, including rehabilitation specialists, speech-language pathologists and classroom teaching assistants. But these specialists are in short supply, despite the proven need for their services.

As an associate professor in special education who works with AI, I see its potential and its pitfalls. While AI systems may be able to reduce administrative burdens, deliver expert guidance and help overwhelmed professionals manage their caseloads, they can also present ethical challenges – ranging from machine bias to broader issues of trust in automated systems. They also risk amplifying existing problems with how special ed services are delivered.

Yet some in the field are opting to test out AI tools, rather than waiting for a perfect solution.

A faster IEP, but how individualized?

AI is already shaping special education planning, personnel preparation and assessment.

One example is the individualized education program, or IEP, the primary instrument for guiding which services a child receives. An IEP draws on a range of assessments and other data to describe a child’s strengths, determine their needs and set measurable goals. Every part of this process depends on trained professionals.

But persistent workforce shortages mean districts often struggle to complete assessments, update plans and integrate input from parents. Most districts develop IEPs using software that requires practitioners to choose from a generalized set of rote responses or options, leading to a level of standardization that can fail to meet a child’s true individual needs.

Preliminary research has shown that large language models such as ChatGPT can be adept at generating key special education documents such as IEPs by drawing on multiple data sources, including information from students and families. Chatbots that can quickly craft IEPs could potentially help special education practitioners better meet the needs of individual children and their families. Some professional organizations in special education have even encouraged educators to use AI for documents such as lesson plans.

Training and diagnosing disabilities

There is also potential for AI systems to help support professional training and development. My own work on personnel development combines several AI applications with virtual reality to enable practitioners to rehearse instructional routines before working directly with children. Here, AI can function as a practical extension of existing training models, offering repeated practice and structured support in ways that are difficult to sustain with limited personnel.

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Some districts have begun using AI for assessments, which can involve a range of academic, cognitive and medical evaluations. AI applications that pair automatic speech recognition and language processing are now being employed in computer-mediated oral reading assessments to score tests of student reading ability.

Practitioners often struggle to make sense of the volume of data that schools collect. AI-driven machine learning tools also can help here, by identifying patterns that may not be immediately visible to educators for evaluation or instructional decision-making. Such support may be especially useful in diagnosing disabilities such as autism or learning disabilities, where masking, variable presentation and incomplete histories can make interpretation difficult. My ongoing research shows that current AI can make predictions based on data likely to be available in some districts.

Privacy and trust concerns

There are serious ethical – and practical – questions about these AI-supported interventions, ranging from risks to students’ privacy to machine bias and deeper issues tied to family trust. Some hinge on the question of whether or not AI systems can deliver services that truly comply with existing law.

The Individuals with Disabilities Education Act requires nondiscriminatory methods of evaluating disabilities to avoid inappropriately identifying students for services or neglecting to serve those who qualify. And the Family Educational Rights and Privacy Act explicitly protects students’ data privacy and the rights of parents to access and hold their children’s data.

What happens if an AI system uses biased data or methods to generate a recommendation for a child? What if a child’s data is misused or leaked by an AI system? Using AI systems to perform some of the functions described above puts families in a position where they are expected to put their faith not only in their school district and its special education personnel, but also in commercial AI systems, the inner workings of which are largely inscrutable.

These ethical qualms are hardly unique to special ed; many have been raised in other fields and addressed by early-adopters. For example, while automatic speech recognition, or ASR, systems have struggled to accurately assess accented English, many vendors now train their systems to accommodate specific ethnic and regional accents.

But ongoing research work suggests that some ASR systems are limited in their capacity to accommodate speech differences associated with disabilities, account for classroom noise, and distinguish between different voices. While these issues may be addressed through technical improvement in the future, they are consequential at present.

Embedded bias

At first glance, machine learning models might appear to improve on traditional clinical decision-making. Yet AI models must be trained on existing data, meaning their decisions may continue to reflect long-standing biases in how disabilities have been identified.

Indeed, research has shown that AI systems are routinely hobbled by biases within both training data and system design. AI models can also introduce new biases, either by missing subtle information revealed during in-person evaluations or by overrepresenting characteristics of groups included in the training data.

Such concerns, defenders might argue, are addressed by safeguards already embedded in federal law. Families have considerable latitude in what they agree to, and can opt for alternatives, provided they are aware they can direct the IEP process.

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By a similar token, using AI tools to build IEPs or lessons may seem like an obvious improvement over underdeveloped or perfunctory plans. Yet true individualization would require feeding protected data into large language models, which could violate privacy regulations. And while AI applications can readily produce better-looking IEPs and other paperwork, this does not necessarily result in improved services.

Filling the gap

Indeed, it is not yet clear whether AI provides a standard of care equivalent to the high-quality, conventional treatment to which children with disabilities are entitled under federal law.

The Supreme Court in 2017 rejected the notion that the Individuals with Disabilities Education Act merely entitles students to trivial, “de minimis” progress, which weakens one of the primary rationales for pursuing AI – that it can meet a minimum standard of care and practice. And since AI really has not been empirically evaluated at scale, it has not been proved that it adequately meets the low bar of simply improving beyond the flawed status quo.

But this does not change the reality of limited resources. For better or worse, AI is already being used to fill the gap between what the law requires and what the system actually provides.

Seth King, Associate Profess of Special Education, University of Iowa

This article is republished from The Conversation under a Creative Commons license. Read the original article.


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