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AG Curtis Hill praises another dismissal of a lawsuit targeting fossil-fuel corporations

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Attorney General Curtis Hill announced today that a 15-state coalition led by Indiana has prevailed in its support of a motion to dismiss a federal lawsuit filed by New York City against five fossil-fuel companies.

In its lawsuit, New York City claimed that the five corporations violated “common law” because they contributed to global warming – which, the plaintiffs said, constitutes a “public nuisance,” a “private nuisance” and “trespass.”

In dismissing the lawsuit, the U.S. District Court for the Southern District of New York stated that the Clean Air Act and the Environmental Protection Agency’s corresponding enforcement authority superseded federal common law nuisance claims pertaining to emissions. The district court also cited the separation of powers doctrine, stating that courts should exercise restraint in matters best left to the executive and legislative branches of government.

The dismissal of this case comes just four weeks after another federal district court dismissed a nearly identical case in California. In that case, Indiana also led a 15-state amicus brief seeking dismissal.

“Municipal governments cannot dictate national energy policy or curb economic activity that occurs outside their jurisdictional boundaries,” Attorney General Hill said. “Just as was true in California, this decision rightly upholds the principles of federalism and the appropriate exercise of judicial authority.”

Those opposing New York City’s claims share the desire for a clean environment and responsible energy policies, he added, even while seeing potential dangers in the overregulation of industries.

“Everyone believes we should take care of the planet and exercise wise stewardship of natural resources,” Attorney General Hill said. “But we can pursue these important priorities while also respecting the rule of law and supporting a robust economy.”

Indiana was joined in its amicus brief by Alabama, Arkansas, Colorado, Georgia, Kansas, Louisiana, Nebraska, Oklahoma, South Carolina, Texas, Utah, West Virginia, Wisconsin and Wyoming.

Attached, see the amicus brief filed May 30 as well as the July 19 order dismissing the lawsuit.

Adopt A Pet

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Loafer is a 4-month-old male orange tabby kitten from the “shoe” litter. He and his brothers Chuck & Sandal are the only ones left of their litter of 5! They are all sweet & outgoing boys who would likely do fine in any home. Through July 21st, their adoption fees are reduced to $30 and still includes their neuters, microchips, and first vaccines & deworming. Take one, two, or all three! Kittens are like Pringles! Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

 

4-H Kids Contest Kicks Off At The Vanderburgh County Fair

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4-H Kids Contest Kicks Off At The Vanderburgh County Fair

The Vanderburgh County Fair is holding it’s 98th fair starting Monday.

Students had their projects judged for the chance to have their innovations showcased in the fair this week.

Audrey Gumbel, 4-H participant, signed up for the second year in a row.

“I made an apron with donuts and sprinkles and I made a pillow and I made, I decorated a cake,” says Gumbel.

She is one of the hundreds of kids who showed up at the 4-H auditorium to exhibit their projects. The program has nearly 80 exhibits open to kids from Kindergarten to twelfth grade.

Categories included sewing, gift wrapping, Lego building, cake decorating, and much more.

Meagan Brothers, County Extension Director, says 4-H offers a lot to the participants.

“4-H is a great way for kids to learn new skills. It gives them the chance to say I learned something new and here’s what I can do with it,” says Brothers.

Judges met with the participants to discuss their projects with them.

“Seeing these kids come in and you know they’re in third grade making things I have never made before and I’m just like oh this is the future of sewing,” says Rebekah Cage, volunteer judge. “This is really cool. And I hope these kids to stay with it and do something with it because they are doing very, very good work and it’s really cool to see.”

The winners of each category will receive a ribbon and have their projects displayed.

“Being able to see the kids bring in their projects with these big smiles on their faces, sit and talk with the judges, and share how excited they are about what they did, is a really cool experience.”

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Emerald produces gold: Profound Legacy romps again in first start for Ian Wilkes; Ellis Park Debutante next

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It’s not every day that you see a 2-year-old who started out at Washington state’s Emerald Downs running at Ellis Park. In fact, who knows if it’s ever happened?
But Profound Legacy looked like a filly of whom we’ll hear more, winning an Ellis Park allowance race by 4 1/2 lengths over 30-1 pacesetter Princess Athena in Saturday’s $43,000 fifth race. That followed on the heels of Profound Legacy winning her June 3 debut by 7 3/4 lengths, after which she came on trainer Ian Wilkes’ radar. Asked if he just happens to be in the habit of watching Emerald Downs baby races, Wilkes laughed and said by phone from Saratoga, “Of course. I watch them all the time. Yeah, right.
“No, someone called me and told me that a filly that just ran was very impressive. I looked at her, called up to see if she was for sale, and I took a trip out there to look at her. Went out to Emerald Downs, first time there, and I liked what I saw so we bought her. The guys who owned her stayed in for 25 percent.”
Wilkes’ clients Turf Stable and Six Column Stables are the new owners, with Mark Dedomenico and Mike Waters retaining part interest. Among the new owners on hand were Rush Fullerton and Scott and Jennifer McReynolds, all of Louisville and who are in Rusty Jones’ Turf Stable partnership.
“I just liked her presence, the way she travels,” Wilkes said. “I like that she does everything easy. I watched her gallop and liked what I saw on the track. I was actually very impressed. They said she was small, but when you walk up beside her, she’s bigger than what you think.”
“It was impressive today,” Wilkes said. “I loved her turn of foot. We’re still getting to know her, but the move she made coming around the turn to put Steve Asmussen’s filly (Kristizar) away was impressive. You don’t put Steve’s horses away too easy. They are hard to get by.”
Here’s something else notable about Profound Legacy: She’s a full sister to breeder Brereton Jones’ 2012 Kentucky Oaks winner Believe You Can, who was trained by former Ellis Park mainstay and Hopkinsville product Larry Jones. Both horses are by Brereton Jones’ stallion Proud Citizen and out of his El Prado mare El Fasto.
Profound Legacy settled into fourth under jockey Brian Hernandez Jr., making a sweeping move coming out of the turn to seize the lead at the top of the stretch. She finished 6 1/2 furlongs in 1:19.34, paying $3.80 to win as the odds-on favorite. Princess Athena, off at 30-1, finished second with My Wynter Rose third by a nose over second-choice Kristizar, who had been battling for the lead before giving way.
“She looks like she’s got a bright future,” Hernandez said. “I worked her the other morning, and she worked like she kind of ran today: on and off, on and off. But today when I called on her turning for home, she went on by those fillies really easily and she looks like the sky is the limit. The whole way down the lane, she was widening away from those fillies at the same time she was waiting on them.”
Wilkes said Profound Legacy will return to his Churchill Downs division and come back to Ellis Park for the $75,000 Ellis Park Debutante at seven-eighths of a mile on Aug. 19.
“We wanted to run her at Churchill Downs, but we didn’t quite get her in time,” he said. “I just didn’t want to push it because it was a little different climate that she was coming from. I said, ‘Let’s just back off and get her ready for this race today, then we’ve got the seven-furlong race if we’re good enough.’
“We toyed with the idea of running at Saratoga, but we decided let’s stay at Ellis and see what we have. We want to develop her. She was a little green today. Even though she ran away from them, she still was making mistakes. The water gets deeper as we go. This was only her second start. And sitting here at Churchill, they have the Breeders’ Cup at Churchill. They have a ‘Win and You’re In’ (automatic qualifier) race at Churchill in September. So why not give her the opportunity there?”
Grade 1-placed Princess Warrior wins on return to turf
This is how tough these Ellis Park allowance races are coming up: Princess Warrior, second in last year’s Grade 1 Darley Alcibiades at Keeneland and who was third in the Grade 2 Gulfstream Park Oaks this spring, won an entry-level allowance race Saturday, pushing the pace before reeling in the leaders late for a half-length victory over Upstage. Princess Warrior, with Corey Lanerie up, covered 1 1/16 miles over the firm Wright Implement turf course in 1:42.91, the last sixteenth in 5.57 seconds. She paid $8.20 to win while beating older fillies and mares as the third choice in the field of seven.
Princess Warrior in winning her debut at Churchill Downs last fall beat Mia Mischief, who this spring won the Grade 2 Eight Belles. She’d made only one prior start on turf, finishing a good fourth in Gulfstream’s Grade 3 Herecomesthebride before returning to dirt for the Gulfstream Park Oaks. But after three disappointing starts on the main track, she was back on grass and did not disappoint.
“We’re supposed to do this,” Greg Geier, one of trainer Kenny McPeek’s Churchill Downs-based assistant said. “She ran very well on grass before at Gulfstream, fourth in a stakes. So we got her back on it.”
Said Lanerie: “She’s run some really good races. Going back on her form, she’d run on the turf and it was one of better (handicapping) numbers. So I thought going back to turf would be a good thing. Greg and them had her ready. All I did was give her a good path.”
Apprentice jockey Edgar Morales won two races (second on Alteration for John Hancock and seventh on Trace for Ben Colebrook) to take a 14-11 lead in the jockey standings over James Graham. Alteration’s victory gave Hancock his fifth win of the meet (out of 18 starters), pulling into a tie with 2015 meet-leader Brad Cox for the training lead.
Good Lord! There’s lots of back class in Sunday stakes
One of eight older horses in Sunday’s $50,000 Good Lord Stakes, Control Stake is the epitome of “back class.” The 6-year-old gelding has won four stakes. It’s just that the last one came 2 1/2 years ago.
But trainer Greg Foley and jockey Corey Lanerie say the high-level allowance/optional claiming races in which Control Stake has been second (three times) or third in his last four starts at Churchill Downs and the Fair Grounds might as well have been stakes races.
“He’s just a classy old horse,” said Foley, who claimed Control Stake for $40,000. “I thought he was really solid and had watched him run a couple of times. You know, we haven’t won a race with him since we’ve had him, but he’s had some of the toughest beats you’ve ever seen. He’s just a hard-knocker, a good ol’ horse to be around. He’s just been in with some tough son of a guns his last four, five starts. He’s run too good to get beat the last few races, but to some really nice horses.”
Said Lanerie: “Almost every race he’s run in, it seemed like it could have been a stakes race, horses running almost 100 Beyers (speed figures). Every time he goes out, he gives everything he’s got, poor thing, and he just can’t seem to get it done. But he’s a great horse to ride. He’s a good horse; he’s just been unlucky.”
Control Stake isn’t the only multiple stakes-winner in the field for the 6 1/2-furlong Good Lord, named after a three-time winner of the race. Majestic Affair (the 2-1 favorite) and Concord Fast and Line Judge each have won three stakes. Majestic Affair, trained by Brad Cox this year after previously being in Chad Brown’s barn, also is multiple graded-stakes placed.
“It’s a solid little race, a lot of old class horses,” Foley said. “I don’t think we’re in even tougher than we have been.”
Line Judge won two stakes as a 2-year-old. He was claimed by trainer Tom Amoss and owner Maggi Moss for $50,000 at Keeneland and promptly won a second-level allowance at Indiana Grand. Moss had claimed Line Judge last December for $30,000 before losing the colt for $40,000.
Smart Spree and Woodland Walk are both nine-time winners, with Shut the Box and He’s Money rounding out the field.
Concord Fast needs new rider for Good Lord
Even though Concord Fast has won three stakes races, trainer Chris Hartman knows the 5-year-old gelding — born in West Virginia and having mostly raced in New Mexico — comes into Sunday’s $50,000 Good Lord Stakes at Ellis Park as something of a question.
One question Hartman didn’t anticipate having to answer, however, was who will ride the horse. The trainer, who is off to a terrific start this meet with four wins, liked what he saw of Martin Chuan, who only a couple of weeks ago came to the U.S. after being the leading rider in Peru. Hartman put on Chuan on his second winner and was riding him on a lot of his horses, including Concord Fast in the 6 1/2-furlong stakes. But Chuan became homesick and without notice returned to Peru after Good Lord entries were made.
“That’s just crazy,” Hartman said.
Concord Fast is the pick by Ellis announcer and program handicapper Jimmy McNerney.
Except for two races in Iowa, Concord Fast made every start in New Mexico — winning three stakes, one this year and a pair in 2016 — before being sent to the Kentucky-based Hartman, promptly winning an off-the-turf allowance race at Churchill Downs.
“He’s got credentials,” Hartman said. “He’s a nifty little horse. He likes his job and he’s good at it. I didn’t know exactly where the horse would fit in the big scheme of things, but he ran a pretty big race (in his last start). It was off the turf, and you have to take that into account. But he won it in hand. we’re using this as a measuring stick: Ellis Park, a little $50,000 I think is a good measuring stick.
“I think the horse has a pretty good chance. I don’t think he’s in over his head. There are some nice horses in the race, don’t get me wrong. Any time you run in a money race in Kentucky, it’s competitive. But I think he has a good chance.
“He’s a multiple stakes winner, but this is a step up, let’s face it. Farmington (New Mexico) and Albuquerque is not quite the same as Kentucky.”
Hartman won last year’s Good Lord, then known as the Don Bernhardt Memorial, with Wilbo, a nine-time winner who has earned $573,506. “He’s going to have to do a few things to be Wilbo’s stature,” Hartman said. “It remains to be see. We’ll see how he handles this race and goes from there. I did want to try him on grass, try to engage the horse but we got rained off.”
Hartman said he’d never had a horse before for owner Teed Off Stables — whose silks are black with a white golf ball, red tee and black “Teed Off Stables” — sent him a few horses that included Concord Fast. But while he didn’t know the Teed Off principles, the Arizona-born Hartman was a highly successful trainer in New Mexico who kept upgrading his stock around the Southwest before relocating to Kentucky, with Arkansas’ Oaklawn Park his winter base.
“He’s a really cool horse to be around,” Hartman said of Concord Fast. “He’s quite a character, a funny horse, a lot of quirks to him.”
Sunday also is Kentucky HBPA College Day, with full-time college students (college, university, junior, community, technical, vocational, trade eligible) able to sign up to win a $1,000 scholarship or laptop, with one of each given out after each race via drawing. Students must bring college I.D. card, letter of acceptance for incoming students or similar and must be present to win. Sign-up table will be in the grandstand tunnel on the north (closest to the paddock) end. The last race scholarship and laptop will be a separate drawing for a horse-industry (racetrack or backside) employee or child of a horse-industry employee.

Otters fall for the second straight game against Thunderbolts

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The Evansville Otters dropped their second consecutive game to the Windy City Thunderbolts 6-5 on Saturday night at Bosse Field in front of 3,057 fans.

Windy City got the scoring started in the first inning on an Axel Johnson RBI single.

Larry Balkwill hit his second homer of the series to double the Thunderbolts lead to 2-0 in the second. Riley Krane and Terrance Robertson followed with doubles which produced a run and then Omar Obregon brought home a third run in the inning with a single.

Evansville cut the deficit in half in the bottom of fourth with two runs. J.J Gould forced home a run with a bases loaded walk and Jeff Gardner then scored from third on a wild pitch.

Evansville tied the game with two runs in the bottom of the fifth. Gardner produced a run with a sacrifice fly and Zach Welz tied the game with an RBI single to center.

Tyler Straub hit a solo homer in the top of the eighth to put Windy City back on top 5-4.

Travis Harrison tied the game back up at 5-5 with a solo home run of his own in the bottom of the eighth, his fifth of the season.

Windy City answered right back in the top of the ninth as Krane homered to right to put Windy City up 6-5.

Jack Anderson came on for the Thunderbolts and struck out the side in the ninth to secure the 6-5 victory for Windy City.

Joel Toribio gets the win for the Thunderbolts after he pitched two innings, allowing one run and striking out four hitters.

Mitch Aker is hit with the loss, his third of the season. Aker allowed two runs in two innings while collecting four strikeouts.

Otters starter Keaton Conner did not factor into the decision after going 3.1 innings and allowing four runs on eight hits and punching out one hitter.

Windy City starter Connor Bach also got a no-decision after working four innings and allowing four runs on two hits, seven walks, and seven strikeouts.

“READERS” FORUM JULY 22, 2018

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We hope that today’s “Readers Forum” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?

WHATS ON YOUR MIND TODAY?

Todays“Readers Poll” question is: If the election was held today for the Vanderburgh County Commission District 1 seat who would you vote for?

Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS”.  You now are able to subscribe to get the CCO daily.

If you would like to advertise on the CCO please contact us City-CountyObserver@live.com.

FOOTNOTE: City-County Observer Comment Policy.  Be kind to people. No personal attacks or harassment will not be tolerated and shall be removed from our site.

We understand that sometimes people don’t always agree and discussions may become a little heated.  The use of offensive language, insults against commenters will not be tolerated and will be removed from our site.

Ohio River Commission Considers Dropping Pollution Standards

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Ohio River Commission Considers Dropping Pollution Standards

The Ohio River Valley Sanitation Commission has overseen the health of the Ohio River for the past 70 years. The group is now looking at eliminating its pollution standard and it wants the public to weigh in.

The eight state commission was created two years before the Environmental Protection Agency. Their job was to monitor pollution levels and make sure the river is safe enough for recreation and for drinking.

Some members say once the EPA was formed many of the state and federal rules became redundant and there are better ways to use these resources.

Critics are concerned about what will happen to the river if the standards disappear.

Anyone can submit feedback about the proposal from now through August 10th.

To submit feedback, click here.

Indiana Rank 28th In The Nation For Child Well-Being

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Indiana Rank 28th In The Nation For Child Well-Being

By Brynna Sentel

TheStatehouseFile.com

INDIANAPOLIS—Indiana falls in the middle of the 50 states in overall measures of child well-being in categories ranging from poverty and education to health and community.

“We are pretty much middle of the pack,” said Tami Silverman, president, and CEO of the Indiana Youth Institute. “We want to be ranked higher than that.”

The 2018 KIDS COUNT data book from the Annie E. Casey Foundation ranked Indiana 28th in the nation for child well-being, behind the neighboring states of Illinois and Ohio, but ahead of Michigan and Kentucky.

The Annie E. Casey Foundation issued its 2018 KIDS COUNT data which show Indiana ranking in the middle of all 50 states.

The data compile measures of child well-being across the nation using 16 indicators in four domains—family and community, economics, education, and health. The foundation has been ranking states on these measures since 1990.

“Most encouraging is our education rank,” Silverman said, noting that Indiana was 14th nationally.

“Obviously we need to keep moving and make sure our kids are well educated but we also want to make sure they are healthy and safe and that they live in a household that can provide what they need,” Silverman said.

In health, Indiana was 31st among all 50 states, in part because of childhood obesity and tobacco use.

“We are going to be working with several different organizations this fall in particular on some of those health rankings,” Silverman said. “We know that as far as infant mortality the governor has made statements that it’s no secret that we really struggle with infant mortality rates in our state.

In the area of economics, one in five children lives in poverty, ranking 31st in the category. Although Indiana’s child poverty rate is slightly above average, the report indicates that it is significantly higher for black and Hispanic children. Those children are three times more likely than their white counterparts to live in poverty.

In other measures:

  • More than a quarter of Hoosier children live with parents who lack secure employment;
  • Fifty-nine percent of fourth-graders aren’t proficient in reading and 62 percent of eighth graders lack proficiency in math;
  • More than one-third of children live in single-parent families.
  • The number of high school students failing to graduate on time declined slightly from 14 to 13 percent from 2010 to 2018;
  • Only six percent of children are without health insurance, down from nine percent in 2010;
  • And the number of teen births has dropped from 37 to 24 per 1,000 births from 2010 to the present.

The Annie E. Casey Foundation is using the release of the 2018 KIDS COUNT report to stress the importance of the 2020 census and making sure that every child is included in the count.

“It’s important that we accurately count so that we get all of those supports so that we get the funding we need for education, for safety, for housing, all of those things are centered and many of them tie directly back to the census,” Silverman said.

Funding for many programs, especially those affecting children, is influenced by the census count.

“We need to make sure that from the start that when the newest Hoosiers are born that they have the health that they have the safe home, that they have all the things they need in order to thrive and succeed and grow up to be the next leaders in our great state,” Silverman said.

FOOTNOTE: Brynna Sentel is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

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