Newsrooms sue Penn State trustee leaders over ‘gag policy’ 

By A.J. Rao of Spotlight PA

STATE COLLEGE — Spotlight PA and two other news organizations are suing leaders of the Penn State Board of Trustees in federal court, accusing them of violating the First Amendment by controlling what individual trustees can say to the public and the press.

The lawsuit, filed Wednesday in the U.S. District Court for the Middle District of Pennsylvania, challenges what it refers to as a “gag policy” embedded in the trustees’ bylaws.

That policy, the filing argues, “unconstitutionally restrains” trustees, prohibiting them from making any negative or critical public statements about the board or the university. Instead, the bylaws state, trustees “shall support majority decisions of the Board.”

Trustees must also get permission from board leadership and accept guidance from public relations officials before talking to the press. Those who fail to do so can face disciplinary action — a process, the filing argues, that creates a “chilling effect” on a trustee’s ability to freely express their views.

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The news organizations are asking a federal judge to declare the restrictions unconstitutional.

“The right to dissent is the lifeblood of democracy,” said Heather Murray, associate director of the Cornell Law School First Amendment Clinic, in an email. “Blanket bans on trustees making critical statements about Penn State stakeholders and requiring trustees to get preapproval to talk to journalists about any matters that have come before the board plainly runs afoul of the First Amendment.”

The lawsuit names board Chair David Kleppinger, Vice Chair Richard Sokolov, and governance committee Chair Daniel Onorato as defendants in their official capacities, identifying them as the leaders responsible for overseeing and enforcing the bylaws.

Wyatt DuBois, senior director of university public relations, told Spotlight PA in an email that the university “does not comment on pending litigation.”

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Skirmish over Trump immigration plan erupts in a NJ parking lot

For five days, the two sides have been in a volatile standoff outside Delaney Hall, a federal detention center that has become a symbol of President Donald Trump’s immigration crackdown.

By Ana Ley and Mark Bonamo, The New York Times

Atop an empty patch of pavement in Newark, N.J., dozens of demonstrators arrived at dawn Tuesday, hoisting cardboard protest signs. In front of them, an armored vehicle rolled up to a cordon of federal agents who carried rifles and metal batons, their bodies concealed beneath the rising sun in helmets, flak vests, and balaclavas.

For several days, the two sides have been in a volatile standoff outside Delaney Hall, a federal detention center that has become a symbol of President Donald Trump’s immigration crackdown. A stream of activists has cycled in and out of a parking lot to support what they described as a hunger strike by detainees. For months, the incarcerated migrants have complained to family members and elected officials about rotten food and inadequate medical care. Democratic elected officials have expressed outrage over the migrants’ living conditions.

On Tuesday, emotions were inflamed. Some activists taunted the agents, and one woman sobbed inside a tent. As the day grew hotter, the stench from the nearby Passaic River, fetid from raw sewage, permeated the air.

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New York delivers $1.34 million for farmers

Funding Secured from Illegal Pollution Settlement Will Support 35 Innovative Farming Projects Across 25 Farms

New York State Department of Environmental Conservation (DEC) Commissioner Amanda Lefton and Attorney General Letitia James today awarded more than $1.34 million in grants to support farmers in Delaware and Sullivan Counties. The Agricultural Environmental Innovation Grant Program is funded by DEC and Attorney General James’ 2023 settlement with FrieslandCampina Ingredients North America, Inc. (Friesland) for repeated violations of state and federal environmental law at its Delhi, Delaware County facility.

Administered by the Watershed Agricultural Council (WAC), the grant program will directly reinvest the settlement funds in the Catskills by providing 25 farms with access to innovative agricultural technologies and practices. The projects selected for funding will demonstrate innovations that can increase efficiency and promote sustainability on New York farms, boosting economic, health, and environmental outcomes across the Catskills region.  

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Evacuation Orders Lifted as Southern California Chemical Tank Cools

The risk of an explosion or spill has fallen significantly, the authorities said late Tuesday, and all evacuated residents can now go home. Some have begun to ask who should be held accountable.

By Shawn Hubler and Rebecca Fairley Raney, The New York Times

Southern California officials lifted a sweeping evacuation order in Orange County late Tuesday after firefighters announced they had stabilized a damaged chemical tank that had posed a risk of a potentially catastrophic explosion or spill.

Over Memorial Day weekend, fears about a compromised tank at an aerospace facility in Garden Grove, Calif., forced nearly 50,000 residents from their homes and prompted state and federal emergency declarations.

More than 30,000 people were allowed to return on Monday night, after firefighters managed to cool down the tank’s toxic contents. However, the remaining 16,000 or so residents who lived closer to the tank had been told to stay away until firefighters could be sure the chemicals were truly stable. That determination came Tuesday evening.

Residents had to evacuate late last week after firefighters determined that a pressurized container containing a toxic substance had overheated and was poised to burst at GKN Aerospace’s manufacturing plant in Orange County. GKN, which is based in Britain, produces components for military and civilian aircraft.

The crisis, which officials had feared would end either in a toxic blast or a devastating hazardous waste spill, drew worldwide attention.

Emergency responders and scientific experts raced to cool down the bulging tank and safeguard surrounding communities. They doused the tank for days with water sprayed from fire hoses and opened more than half a dozen evacuation sites in a matter of hours on a holiday weekend.

By Monday, firefighters reported that the tank’s temperature had begun to drop and that it was safe for most evacuees to begin returning.

On Tuesday, Greg Barta, an Orange County Fire Authority spokesman, reported that the temperature inside the tank, previously in the triple digits, had dropped to about 92 degrees and was holding steady. As the day progressed, fire officials said, they ceased dousing the tanks.

On Tuesday evening, after a four-hour period during which the tanks remained stable even without the cooling measures, fire officials lifted the evacuation order for all residents, some of whom had been sleeping in cars or tents since Friday. Officials reduced the restricted area to a 300-foot perimeter around the equipment.

Apologizing for interrupting the meeting, Mr. Covey told residents, “I didn’t want to delay your getting home.”

The incident has prompted members of the communities around the plant to demand accountability from GKN and the local authorities.

“The imminent threat has been taken out of the equation, but this raises serious questions about the extent to which the government allowed this facility to expand,” said Carlos Perea, executive director of the Harbor Institute for Immigrant & Economic Justice, one of several local organizations that called for the relocation of GKN Aerospace from Garden Grove, where it has operated for decades.

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Will two polystyrene items be removed from ‘problematic’ list?


By Katie Pyzyk, Waste Dive

The Polystyrene Recycling Alliance is calling on the U.S. Plastics Pact to remove two items from its Problematic or Unnecessary Materials list.

PSRA requests reclassifications of expanded polystyrene transport packaging and rigid polystyrene packaging, based on a report the group released this week that outlines use cases for those materials collected for recycling.

USPP will “review this new information accordingly,” Crystal Bayliss, interim executive director, told Packaging Dive via email. To date, USPP has not removed any items from the four-year-old list, she added.

PSRA had Resource Recycling Systems conduct the end-markets study with the intent to develop an inventory of U.S.- and Canada-based end markets for many types of polystyrene. The group aims to accelerate recycling for these products and noted that end markets willing to accept the materials are a key part of the equation.

PSRA says the study shows that both EPS transport packaging and rigid polystyrene packaging are “recyclable today, backed by growing infrastructure, expanding end markets, and continued industry investment,” according to a news release. The study results showed that 81 companies with 119 total facilities already handle expanded or extruded polystyrene foam, with 52% of them being manufacturing end markets that use EPS or XPS as a feedstock to make recycled transport packaging or consumer products. 

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