Two groups representing property owners asked a federal judge Wednesday evening to block enforcement of the latest eviction moratorium from the Centers for Disease Control and Prevention.
The Alabama Association of Realtors and its Georgia counterpart argued in the emergency court filing in U.S. District Court for the District of Columbia that the latest moratorium issued by the CDC is “unlawful.” The order is essentially an extension of the previous moratorium, which “has prevented landlords from evicting tenants who aren’t paying their rent during the pandemic,” the filing said.
The groups, which challenged the first moratorium in court, also argued that the CDC “caved to the political pressure” after Democrats pressed the White House to extend the moratorium over the weekend. The groups said the agency issued the new order “for nakedly political reasons — to ease the political pressure, shift the blame to the courts for ending the moratorium, and use litigation delays to achieve a policy objective.”
The final eviction moratorium from the CDC was set to expire July 31. But after pressure on the Biden administration from housing advocates and Democrats, who had failed to pass legislation to extend the moratorium, the CDC issued a new eviction moratorium for regions of the country with “substantial and high transmission” of the coronavirus.
If counties improve their Covid rates and do not experience substantial and high transmission for 14 consecutive days, tenants will no longer be protected by the CDC moratorium. Similarly, if Covid cases worsen in a county, renters might become protected by the CDC order. County transmission rates can be found on the CDC website. The new order will expire Oct. 3.
At the onset of the pandemic, Congress imposed a temporary ban on evictions, but it expired in July 2020. At then-President Donald Trump’s direction, the CDC issued an order of its own extending the eviction ban through March, which President Joe Biden later extended.
A federal judge in Washington ruled in May that the CDC had no power to issue the moratorium on foreclosures. But the judge stayed the order to give the government time to appeal. A federal appeals court declined to lift the stay, leaving the moratorium in place.
The Alabama Association of Realtors was one of the leaders of the challenge to the moratorium, which went to the Supreme Court. In a 5-4 vote in late June, the high court allowed the eviction ban to remain in place only through the end of July. Justice Brett Kavanaugh, who voted with the majority, wrote a concurring opinion arguing that action by Congress would be required to extend it further.
The groups asked the court to halt the new CDC eviction ban, saying it violated that ruling.
“This Court should immediately vacate the CDC’s fourth extension because it conflicts with the Supreme Court’s ruling,” the groups said in the court filing. “A majority of the Supreme Court made clear that the eviction moratorium exceeds the CDC’s statutory authority and could not be extended beyond July 31, thus vindicating this Court’s first merits ruling. The Supreme Court’s ruling was hardly ambiguous.”
Minnesota wildfire doubles in size, creates its own weather
A wildfire in northeastern Minnesota more than doubled in size Tuesday, growing to more than 19,000 acres, after it produced pyrocumulous clouds that generated lightning and even raindrops, fire officials said.
The Greenwood Fire’s growth, most of which happened Monday afternoon, prompted firefighters to leave McDougal Lake, about 80 miles south-southwest of Duluth, officials said. Authorities fear that structures might have been destroyed or damaged.
“We had crews embedded, and as this fire took off, it was quite an effort to communicate with forces on the ground so they could get out,” said federal fire incident spokesman Clark McCreedy.
The pullout was a success, and no injuries were reported. However, downed trees and necessary cleanup mean crews have been unable to assess damage around the lake, McCreedy said.
In addition to the firefighter pullout, 159 dwellings were evacuated Monday, according to an update from the National Wildfire Coordinating Group. Cabins, homes and recreational sites remain under threat, the group said.
Patrick Prochaska, a Minneapolis resident who built a cabin near McDougal Lake in 2012, told NBC affiliate KARE that he watched via security camera as flames mostly bypassed his property Monday, causing minor damage.
“I was feeling very scared,” he said. “At the same time, I could see that it was not doing anything to the house, and it was kind of reassuring.”
The fire in and north of Superior National Forest has mostly performed according to the weather, fire officials said. On Monday, with dry fuel on the ground and temperatures in the high 80s, it was an expanding inferno punctuated by strobes of lightning.
“The winds were drawn into the fire from all directions,” the incident’s fire behavior analyst, Michael Locke, said in a video update Tuesday. “It created what we call pyrocumulous clouds. And really high in the atmosphere … you’d see a thunderstorm, and in fact they went high enough to produce a few sprinkles of rain and even some lightning.”
Temperatures dipped into the mid-70s Tuesday, and the blaze mellowed. “The real story was cloud cover and cooler temperatures,” McCreedy said.
More of the same, and possibly rain, was in the forecast, giving officials hope that they might be able to close the book on an unusually active and dry fire season in Minnesota.
Experts have said climate change has set the stage for extreme weather, including an increase in the frequency and intensity of wildfires in the Northern Hemisphere.
Firefighters — 426 were assigned to the Greenwood event — have been confronted with “prolonged, severe drought,” making parts of Minnesota look like the fire-prone West this summer, McCreedy said.
The Greenwood Fire, which was detected Aug. 15, is believed to have been sparked by lightning.
So far, firefighters have scored no containment, and areas including McDougal Lake, Sand Lake and the Highway 2 corridor have been under mandatory evacuation orders. The federal Boundary Waters Canoe Area Wilderness was closed Saturday “due to active and increasing fire activity, extreme drought, limited resources,” the National Forest Service said in a notice.
Officials set a goal of Sept. 1 for full containment.
“We’re probably going to get more of that moderating weather for the rest of the week,” McCreedy said. “That opens the door for fire crews to make progress on the ground.”
Hiker survives grizzly bear attack at Denali National Park
A tourist from Indiana was attacked and injured by a grizzly bear at Denali National Park and Preserve in Alaska on Monday night, park officials said.
The 55-year-old tourist, whose name was not released, was hiking alone in dense fog in the Thoroughfare Pass area when a mother bear and multiple cubs charged him from nearby bushes, the National Park Service said in a statement Tuesday.
He had puncture wounds to a calf, his left ribs and his left shoulder, the agency said.
The victim used bear spray that might have cut the attack short, the park service indicated. He walked 1.5 miles to a visitor’s center where “medical personnel” vacationing at Denali treated him as a park bus driver called 911, it said.
The hiker was taken to a medical center near the park before he was transferred to Fairbanks Memorial Hospital, about 120 miles away, park officials said. He was stabilized at the Fairbanks hospital, they said.
“Due to the apparent defensive nature of this attack, there are no plans to locate the bear involved,” the park service said. “Female bears with cubs are naturally defensive of their young, especially when surprised. There is no indication that this bear is unusually dangerous.”
Grizzly bears are federally protected as a threatened species in the lower 48 states. According to the National Wildlife Federation, fewer than 1,500 grizzlies are left in the lower 48, but they thrive, comparatively, in Alaska, where they have a population of about 31,000.
The backcountry area of the attack is closed for one week as a precaution, the park service said.
House passes John Lewis voting rights bill, sends measure to Senate for tougher fight
House Democrats on Tuesday passed a sweeping voting rights bill named after Rep. John Lewis, D-Ga., the late civil rights icon.
The John Lewis Voting Rights Advancement Act was approved 219-212. All Republicans voted against the legislation.
The bill is part of congressional Democrats’ broader campaign to strengthen voting laws at the federal level to fight restrictive voting laws passed in Republican-led states, such as Texas and Georgia. However, it faces steep opposition in the Senate, where Democrats hold a wafer-thin majority.
The House returned from its recess this week to take up the bipartisan infrastructure bill and a resolution for Democrats’ $3.5 trillion budget package, which includes funding for much of President Joe Biden’s legislative agenda. The procedural motion used to pass the multitrillion-dollar resolution paved the way for the House to vote on the voting rights bill, which was re-introduced last week by Rep. Terri Sewell, D-Ala.
The legislation would require states with recent histories of discrimination to get federal “preclearance” to change their voting laws, which directly addresses the Supreme Court’s 2013 ruling in Shelby County v. Holder. The ruling gutted the preclearance system in the Voting Rights Act of 1965, which civil rights advocates argue was successful in blocking proposed voting restrictions in states and localities with histories of racial discrimination.
House Speaker Nancy Pelosi, D-Calif., said in a statement last week that Congress had “not only an ironclad Constitutional mandate, but a moral responsibility” to pass the bill.
Shortly before its passage, Pelosi said on the House floor that the bill would honor Lewis’ legacy.
“We should have the right to vote and shouldn’t be diminished by anyone. It is unpatriotic to undermine the ability of people who have a right to vote, who have access to the polls,” she said. “As John knew, this precious pillar of our democracy is under attack from one of the worst voter suppression campaigns since Jim Crow.”
It isn’t the first time House Democrats have tackled election law. In March, House Democrats passed the For the People Act, a sweeping bill that seeks to change campaign finance, voting and ethics laws.
The bill would expand access to the ballot box by creating automatic voter registration across the country by registering eligible voters whenever they interact with government agencies, restoring the voting rights of the formerly incarcerated, expanding early voting and modernizing the country’s voting systems.
However, Senate Republicans filibustered the voting rights legislation in June, and the vote to advance an amended version of the For the People Act split along party lines 50-50, short of the 60 votes needed. All Democratic-aligned senators voted to begin debate, and Republicans unanimously voted to block the bill.
Passage of the voting measure was the final vote of the week for the House, whose members are leaving Washington and won’t return until Sept. 20.
Haley Talbot contributed.
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