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Louisiana AG files federal lawsuit over FEMA flood insurance risk rating system | Louisiana

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www.thecentersquare.com – By Victor Skinner | contributor – 2023-06-01 12:38:00

(The Center Square) — A federal unveiled in on Thursday could have a far-reaching impact on flood insurance premiums across the country tied to the Federal Emergency Management Association's Risk Rating 2.0 system.

Attorney General Jeff Landry and Solicitor General Liz Murrill led a press conference in New Orleans on Thursday to announce the lawsuit alongside Greater New Orleans Inc. Michael Hecht and parish presidents and levee district directors.

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Those are joined by 43 parishes, 10 states, and a dozen levy boards who want FEMA to explain the agency's calculations used in Risk Rating 2.0 implemented over the last two years that's drastically increasing flood insurance premiums for Louisiana homeowners and others across the country, in some cases by 1,000%.

“If we're not able to contain this problem … then that will further complicate the outward migration problem Louisiana has,” Landry said. “We want reasonable, reliable premiums so Louisiana can grow our .”

According to FEMA, the pricing methodology for the National Flood Insurance Program “leverages industry best practices and cutting-edge technology to enable FEMA to deliver rates that are actuarially sound, equitable, easier to understand and better reflect a property's flood risk.”

The agency, however, has refused requests from the Louisiana congressional delegation and other officials to explain the methodology behind Risk Rating 2.0 to better understand the factors driving the drastic increases.

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“It's not just a coastal issue,” Murrill said. “It impacts anyone who lives around a lot of . We didn't set out to sue FEMA, we set out years ago to work with FEMA.”

“They shut the door on us,” she said, “and they have doggedly refused to give us the information that would explain to us why these dramatic increases are being imposed on the people of our and people of other states.”

Murrill noted FEMA officials have acknowledged Risk Rating 2.0 does not take into account flood mitigation efforts in Louisiana.

The 112-page complaint alleges FEMA exceeded its statutory authority and violated the mandate imposed by to provide reasonable flood insurance by using an arbitrary and capricious .

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The lawsuit, which includes five dozen declarations of support from individuals, state agencies, parishes and others, seeks to block FEMA from implementing the “deeply flawed program,” Murrill said.

“The problem with this program is that somebody's idea of climate change is creating a redundant hammer on the people of Louisiana and the country and imposing an additional cost for speculation,” she said. “That is where the lack of transparency is coming in.”

“We believe that they should go back to the legacy program, we call it Risk 1.0, and revert back to that program until they can fix this,” Murrill said. “Our first level of remedy that we are asking for is an injunction to stop Risk 2.0.”



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Jeff Landry Louisiana

Louisiana Attorney General Jeff Landry announced a federal lawsuit Thursday over flood risk maps that determine flood insurance rates. 



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Parish presidents and others explained how the change, combined with increases in homeowners insurance, is driving Louisianans out of their homes. GNO Inc. is tracking home foreclosures tied to Risk Rating 2.0.

A summary produced by Landry's office contends “90% of Louisiana ratepayers subject to an increase in their flood insurance premiums can expect to see their annual cost increase by 18% per year for the next ten years.

“In practice, this means that a policy that was zoned to cost $572 per year in 2021 may eventually exceed $8,000 per year under the new pricing methodology,” the document read.

The lawsuit filed in the U.S. District Court for the Eastern District of Louisiana in New Orleans, Landry said, “is the last step we can take to protect the citizens of this state.”

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Biden administration’s abortion-related rule challenged in litigation | Louisiana

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www.thecentersquare.com – By Steve Wilson | The Center Square – 2024-05-14 13:01:00

(The Center Square) – The attorneys general of and Mississippi have filed a seeking to stop a new rule by the Equal Employment Opportunity Commission that they say could impose a national abortion regime.

Louisiana Attorney General Liz Murrill and Lynn Fitch filed the complaint in the U.S. District Court in Lake Charles on Monday that seeks to a rule that would require employers to accommodate employees' abortions under the Pregnant Workers Fairness Act. 

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This bipartisan bill was intended to protections for pregnant women in the workplace, including “reasonable accomodations” related to pregnancy, childbirth or related medical conditions. 

The two Republican attorneys general are seeking an injunction to stop the rule, which goes in effect 60 days after it has been filed in the federal register. The rule is intended to implement the provisions of the Pregnant Workers Fairness Act passed by in 2022.

“This new action by the EEOC is another example of bureaucrats rewriting acts of Congress to their own liking, and it's unconstitutional,” Murrill said in a news release. “We will continue to challenge this administration's overreach and protect pregnant women.”

In the complaint, the two attorneys general say the new rule, which doesn't require employers to pay travel costs for an abortion or an employee's insurer to pay for an abortion, runs afoul of the U.S. Supreme Court decision in Dobbs v. Jackson Women's Organization, which overturned the Roe v. Wade decision and sent abortion policy back to the states.

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The rule requires employers in states that have largely outlawed abortion such as Louisiana and Mississippi to accommodate abortions or else face federal lawsuits for monetary damages and injunctive relief as any violation of EEOC rules can draw.

“The Pregnant Workers Fairness Act was a bipartisan effort to help women in the workplace while they are pregnant and childbirth,” Fitch said in a news release. “But the Biden administration is threatening to derail commonsense measures, like adequate seating, bathroom and breaks, and relaxed dress codes, by reading into the required accommodations for elective abortion, even where that overrides the will of the people or the religious liberty of the employer. 

“This administration will stop at nothing to undo the Dobbs decision, which gave the people back their power over abortion policymaking and to impose a national abortion regime.”

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Senators from 17 states want Postal Service to pause 10-year plan to save $160B | National

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www.thecentersquare.com – By Joe Mueller | – 2024-05-09 12:00:00

(The Center Square) – A bipartisan group of 26 U.S. senators from 17 states are urging of the U.S. Postal Service to delay execution of its strategic plan.

“We call on you to pause planned changes to the U.S. Postal Service's processing and delivery network under the ‘Delivering for America' plan, until you request and a comprehensive Advisory Opinion from the Postal Regulatory Commission to fully study the potential impacts of these changes,” according to a letter signed by the Senators and addressed to Postmaster General Louis DeJoy and the Board of Governors.

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Democratic Nevada Sens. Catherine Cortez Masto and Jacky Rosen signed the letter and highlighted ongoing demands to change the plan, made along with U.S. Rep. Mark Amodei, R-Nev. They highlighted planned changes to a facility in Reno, which will be downsized from a regional hub to a local center and its regional operations moved to Sacramento, Calif.

“We call on USPS to pause all changes, pending a full study of this plan by its regulator,” the letter stated. “While USPS claims these changes overall will improve service while reducing costs, there is evidence to the contrary in locations where USPS has implemented changes so far. USPS must stop implementation, restore service in those where changes were implemented, and fully understand the nationwide effects of its plan on service and communities.”

“Delivering For America,” a 60-page, 10-year plan published by USPS, states the organization is optimizing mail and packaging processing capabilities as it lost $87 during the last 14 years.

“The Plan's strategic initiatives are designed to reverse a projected $160 billion in losses over the next ten years by achieving break-even operating performance,” according to the publication.

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Changes in how people use the Postal Service resulted in costly inefficiencies, according to the plan.

“Our processing network was originally designed to meet the demands of a robust, and ever-growing mail market,” the plan stated. “Similarly, our facilities were located geographically and set up operationally to facilitate the timely and efficient processing of mail. As mail volume has decreased, our machines and facilities have been left under-utilized, leaving us with a physical network that does not correspond to the current and projected needs of our customers.”

In addition to the senators from Nevada, senators from Arizona, Colorado, Maine, Michigan, Montana, Mississippi, Nebraska, North Dakota, South Dakota, New Hampshire, New Jersey, Oregon, Tennessee, , Virginia and Wyoming also signed the letter. It highlighted problems associated with moving mail processing away from local communities and reductions in transporting mail, leaving mail sitting overnight in local offices.

“We are concerned about the impacts these changes have had so far, and the potential impacts that further changes could have,” the senators wrote. “In regions where USPS has implemented significant changes, on-time mail delivery has declined. In addition, it is not clear these changes will improve efficiency or costs. Despite these concerns, USPS has moved forward with announcing and approving additional facility changes across the country.”

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25 states fight EPA’s power plant smokestack regulations | West Virginia

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www.thecentersquare.com – By Jon Styf | – 2024-05-09 07:53:00

(The Center Square) – Virginia and Indiana are leading a group of 25 states asking for the U.S. Court of Appeals for the District of Columbia to declare the U.S. Environmental Protection Agency's new rule on coal, natural gas and oil power plants to be declared unlawful.

The new EPA rule will require coal and natural gas power plants to capture smokestack emissions or shutter.

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“The EPA continues to not fully understand the direction from the Supreme Court—unelected bureaucrats continue their pursuit to legislate rather than rely on elected members of for guidance,” West Virginia Morrisey said. “This green new deal agenda the Biden administration continues to force onto the people is setting up the plants to fail and therefore shutter, altering the nation's already stretched grid.”

Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kentucky, , Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, , Utah, Virginia and Wyoming are part of the lawsuit.

Morrisey and the attorneys general argue Congress did not give EPA the authority to create rules to remake the electricity grid and the rules are taking to make broad regulatory authority away from Congress.

West Virginia successfully fought EPA rules in front of the in 2022 as the court said the EPA should not use its regulatory authority to create broad new regulations with the Clean Act.

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West Virginia, Indiana and others have continued to fight several other EPA proposals the “Good Neighbor Plan” and the EPA's new rule on electric vehicles.

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